HomeMy WebLinkAboutPACKET AUG 09 2011 Wax wigs OVVO"gXl v
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REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 9,2011 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—July 26,2011
* Confirmation of committee appointments
Charles Watts would fill the unexpired term of Jay Badillo on the Convention and Tourism
Advisory Board. The term would commence August 9,2011 and expire June 17,2012.
A. Approve the application and acceptance of a grant for general maintenance at the
Beaumont Municipal Airport
B. Approve a change order related to the East Lucas Lift Station and Force Main and
Interceptor Rehabilitation Project
C. Authorize the acceptance of four ten foot wide Exclusive Water Line Easements to
provide water and fire protection services for Westbrook High School
D. Authorize the execution of a Notice of Encroachment agreement with Jefferson County
Drainage District No. 6 to provide installation of a waterline that will service Dishman
Elementary School
E. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement to provide
water and fire protection services for Dishman Elementary School
F. Authorize the settlement of the lawsuit styled Kimberly Thibodeaux vs. Frank Jackson
and City of Beaumont;No. A-188,592
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Ajntment Commission winning ga&02n
Charles Watts Convention and Tourism Advisory Board 08/09111 06/17/12
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -
A
HICK WITH OPPORTUNITY
BEAUMOIK* City Council Agenda Item
T • E • S • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
(Tp.
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider the application and acceptance of a grant
for general maintenance at the Beaumont Municipal
Airport.
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and accept a Routine
Airport Maintenance Program (RAMP) Grant from the Texas Department of Transportation
(TxDOT).
BACKGROUND
TxDOT's Aviation Division provides the RAMP Grant to assist local governments with airport
maintenance and repairs. The State offers a 50150 matching grant up to $100,000 for each fiscal
year.
If approved, these grant funds will be used towards the City's share of operating costs for the
Beaumont Municipal Airport including,but not limited to window and door replacement on the
terminal building,roof replacement on Hangar `C' as well as other general hangar maintenance,
taxiway lighting maintenance, airspace right-of-way clearance as required, and the satellite
service and quarterly FAA inspections for the Automated Weather Observation System.
BUDGETARYIMPACT
Total funding from this grant is $100,000 with the City's match being 50%or$50,000.
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 apply for and accept a Routine
Airport Maintenance Program(RAMP)Grant from the Texas Department of Transportation
for maintenance and repairs at the Beaumont Municipal Airport.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
T - B - g - A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani Tohme, P.E., Director of Water Utilities
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider approving a change order related to the
East Lucas Lift Station and Force Main and Interceptor
Rehabilitation Project.
RECOMMENDATION
The Administration recommends approval of increasing the contract with Brystar Contracting,
Inc., of Beaumont in the amount of$37,472.05. The proposed changes to the contract will
include the removal and disposal of trees on or adjacent to the lift station site, adjustments to an
existing 36"RCP storm line to allow for the installation of the proposed 24"gravity sanitary
sewer line, replacement of proposed light fixtures, and modifications to the proposed generator
plug.
BACKGROUND
The existing sanitary sewer lines built in the 1940's and 1950's have deteriorated and require
major rehabilitation. The City has been steadily rehabilitating sanitary sewer lines which flow to
the East Lucas Interceptor. The cost to rehabilitate the existing sanitary sewer lines in the area is
in excess of$50 million. The proposed lift station will provide the customers in the vicinity and
to customers in adjacent basins with uninterrupted service as we continue to rehabilitate the area.
The lift station is strategically located near the intersection of Cleveland Street and Tyler Street
to provide the best possible service.
Previous actions include:
Resolution 10-101 in the amount of$2,105,056.80 was passed April 20, 2010.
East Lucas Lift Station and Force Main and Interceptor Rehabilitation
August 9, 2011
Page 2 of 2
BUDGETARYIMPACT
Funds for the project are available in the Capital Program.
RESOLUTION NO. 10-101
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Brystar
Contracting,Inc.,Beaumont,Texas,In the amount of$2,105,056.80 for the East Lucas Lift
Station and Fore Main and IntemeptorRehabilitation Pmjecttofumish all labor,materials,
and equipment to construct a new lift station, fumish and Install 11,653 linear feet of
sanitary sewer force main, 862 linear feet of 244nch PVC gravity sanitary sewer and
related appurtenances including a radio antenna for SCADA communications.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of April,
2010.
Ay
- ayor Becky Ames-
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No.One(1)
DATE: June 28,2011
PROJECT: City of Beaumont,Texas
East Lucas Lift Station&Interceptor Rehabilitation
OWNER: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
CONTRACTOR: Brystar Contracting,Inc.
8382 Chemical Road
Beaumont,Texas 77705
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change: To remove and dispose of tree from inside the lift station site;to remove and dispose of tree from property
adjacent to the lift station;to adjust 36"RCP on East Lucas to allow for installation of proposed 24"sanitary sewer line;to replace
proposed light fixture on control building with smaller fixtures;to extend and relocate the generator plug;to provide addition labor to
adjust the 48"steel casing installation under the drainage culvert at III 10;to famish,labor and materials to grout and level the 36"
sanitary sewer line in the casing under I1110;furnish and install a project bronze plaque;to provide additional labor due to different
site conditions to install the force main under the Regent H subdivision;to adjust the unit price of item A 12 due to match unit price as
bid.
ORIGINAL CONTRACT AMOUNT: $ 2,105,056.80
THIS CHANGE ORDER
Description: Net Change
Remove and dispose of tree from inside the lift station site $ 1,200.00
Remove and dispose of tree from property adjacent to the lift station site $ 2,000.00
Adjust 36"RCP to allow for installation of proposed 24"sanitary sewer line $ 7,730.20
Replace proposed light futures on control building with smaller fixtures $ 620.00
Extend and relocate generator plug $ 1,256.00
Furnish,labor and materials to grout and level the 36"sanitary serer line in the casing $ 3,696.00
underIH10 ,
Provide additional labor to adjust the 48" steel casing installation under the drainage $ 3,149.05
culvert at IH10
Furnish and install a project bronze plaque $ 3,216.00
Provide additional labor due to differing site conditions to install the proposed force stain $ 9,604.80
under the Regent II subdivision
Adjust the unit price of item A 12 to match unit price as bid $ 5,000.00
TOTAL AMOUNT OF THIS CHANGE ORDER $ 37.472.05
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 2,142,528.85
CONTRACT TIME
Original Contract Time: 360 Calendar Days
Additional Time Requested: 0 Calendar Days
Revised Contract Time per this Change Order: 360 Calendar Days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the
YSrA
CONTRA&IkGy, INC.
8385 Chemical Road R Beaumont,Texas 77705+ (409) 842-6768
June 20,2011
Mr.Nestor Barroeta, P.E.
Schaumburg&Polk,Inc.
8865 College Street
Beaumont, Texas 77707
RE: E. Lucas Lift Station and force main additional work: Raise generator plug on
control building per Alex Cruz
Dear Mr. Barroeta,
As per your request and the Scope of Work the below pricing is submitted for your
review and consideration.
Scope of Work
Brystar Contracting shall provide all necessary labor, supervision,materials, and
insurance required to complete:
1. Extend one(1) each Generator Plug per the attached drawing
Lump Sum Amount: $1,256.00
Should you have any questions please do not hesitate to call.
Sincerely,
R ane,
Project Manager
cc: File
OftySrAJ
CONTRACTINGr INC.
8385 Chemical Road • Beaumont,Texas 77705 • (409) 842-6768
June 20, 2011
Mr. Nestor Barroeta,P.E.
Schaumburg&Polk, Inc.
8865 College Street
Beaumont, Texas 77707
RE: E. Lucas Lift Station and force main additional work: Furnish and install brass
plaque
Dear Mr. Barroeta,
As per your request and the Scope of Work the below pricing is submitted for your
review and consideration.
Scope of Work
Brystar Contracting shall provide all necessary labor, supervision, materials, and
insurance required to complete:
1. F&I one(1) each Cast Bronze Plaque as detailed out on 16011 CDR drawing
provided by The Southwell Company(Copy Attatched)
Lump Sum Amount: $3,216.00
Should you have any questions please do not hesitate to call.
Sincerely,
Ron Lane,
Project Manager
cc: File
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CUSTOMER:
5CHAUMBURG & POLK INC.
❑ approv®d (no corrections) &&65 COLLEGE 5TREET
❑ approved as noted BEAUMONT, TX 77707
❑ revise and resubmit
signed by: date: SHIP TO:
PLEASE SPECIFY....
PLIEtASEtSIGN& CA5T BRONZE PLAQUE
RETURN
ONE COPY 24" W X 30" H SCALE: 3116" = 1"
L 24" L
BACKGROUND -
CITY OF BEAUMONT • TEXAS OXIDIZED LEATHERETTE
EAST LUCAS LIFT STATION
2011
BECKY AMES
MAYOR
CITY COUNCIL
Audwin M. Samuel Dr.Alan B. Coleman
W. L. Pate, Jr. Jamie D. Smith
Gethrel "Get" NYilliams-Wright RA15ED BORDER AND
p
Kyle Hayes LETTERS - 5ATIN FIN151-1
to City Manager
Dr. Hani Tohm LETTER e,P.E.
Water Utilities Director %
Z0
Amalia Villarreal, P.E. /
Water Utilities Engineer
l
Alex Cruz
Alaintenance Coordinator
Schaumburg&Polk,Inc.
Consulting Englneers < CONCEALED
FASTENER
Brystar Contracting,Inc.
General Contractor
CKO55 5ECTON
FULL 5CALE
ON TH15 DRAWING:
YOU ARE THE FATAL PROff•READER SLACK AREA5 ARE RAISED=METAL COLOR
WHITE AREAS ARE RECESSED=DARK I BACKGROUND COLOR
YON OR=WILL BE PRODUCED FROM THE ARTWORK YOO SEE BERE.IF YOU APPROVE TIM ARTBiBRK MD IT COATAIRS ERRORS,YOU WILL BE HELD
FEAWA41 SESPOIll U FOR THE W=11109.FLEASE CAREFULLY CRECK THAT ALL IS CORRECT&HARBIiIO BFm^BE"!MU MB SIZE
ys,r44
CONTRACTING,, INC
8385 Chemical Road Beaumont,Texas 77705+ (409)842-6768
June 20, 2011
Mr.Nestor Barroeta, P.E.
Schaumburg&Polk, Inc.
8865 College Street
Beaumont,Texas 77707
RE: E. Lucas Lift Station and force main additional work: Grout invert for 36"gravity
line at 11110
Dear Mr. Barroeta,
As you are aware due to the conflict with the existing box culvert and the proposed
tunnel casing it became necessary to lower the proposed casing.
As it was necessary to maintain flow lines as designed it became necessary to grout
the Casing. The below pricing reflects the labor, equipment and materials necessary to
complete this additional work.
Labor and Equipment: (1 Day) $2,400.00
Materials: (8CY Grout) $ 816.00
OH&P (15%) $ 480.00
Total Additional $3,696.00
Should you have any questions please do not hesitate to call.
Sincerely,
Ron Lane,
Project Manager
cc: File
tysr.44
CONTRACTING, INC.
8385 Chemical Road•Beaumont,Texas 77705 • (409) 842-6768
June 20,2011
Mr. Nestor Barroeta,P.E.
Schaumburg&Polk, Inc.
8865 College Street
Beaumont, Texas 77707
RE: E. Lucas Lift Station and force main additional work: Directional drill under Regent
II subdivision
Dear Mr. Barroeta,
As you are aware due to differing site conditions from approximately Station 76+00 to
84+00 Additional/Lost time and equipment and manpower was required to complete the
bore.
The attached breakdown represents Brystar's additional cost due to differing
conditions including: Additional time due to extra depth of bore, lost time, additional
movement of equipment, and additional field survey work.
Should you have any questions please do not hesitate to call.
Sincerely,
*on Lane,
Project Manager
cc: File
E. Lucas Lift Station and Force Main Extra at Sub Division
Brystar Contracting,Inc. Hours: Rate Totals:
Foreman 30.00 $ 34.00 $ 1,020.00
Operator 30.00 $ 25.50 $ 765.00
Laborer(2Each) 60.00 $ 21.10 $ 1,266.00
Crew Truck w/tools(2Each) 60.00 $ 7.85 $ 471.00
Vermeer Boring Rig 30.00 $ 75.00 $ 2,250.00
Survey Crew 30.00 $ 86.00 $ 2,580.00
Sub Total $ 8,352.00
15%OH&P $ 1,252.80
Total Extra Work: $ 9,604.80
6"Wrlir"I mHAUMBURG POLK,t"
April 28, 2011 BEAUMONT ° HOUSTON - TYLER
Ms. Molly Villarreal, P.E.
Water Utility Engineer
City of Beaumont
1350 Langham Road
Beaumont, Texas 77707
Re: City of Beaumont
East Lucas Lift Station
And Interceptor Rehabilitation
Dear Ms. Villarreal, '
Please find enclosed a request for change order from Brystar Contracting, Inc. The reason for the
request is that the originally proposed fixtures interfere with the operation of the build doors;
therefore they need to be replaced with smaller fixtures. The cost of replacing the fixtures is
$620.00. If you agree with this request I will contact the Contractor in the way of a field directive
while we prepare and execute the change order.
Sincerely,
SC
OLK,
estor oe
Project gineer
Enclosure
CC: Dr.Hani Tohme, P.E. —City of Beaumont
BMT—East Lucas LS 3 Interc.Rehab.
SM No.1078.1 CHO
F*MWn 1078.1-East Lugs LS%CCorr1CONdIy request for CHO Mdures 04282011.doc
4/28/2011
8885 College Street : Beaumont,Texas 77707 ! www.spi-eng.com 409.866.0341 P 409.666.0337 F
or Barrc*
From: Ron Lane[ron @brystar.com]
Sent:
Tuesday,April 26, 2011 5:26 PM
To; Nestor Barroeta
Subject: RFI
Attachments: Scan1920.pdf
Nestor,
Lighting Specified on sheet 14 of 43 (lighting fixture schedule)Mark B(1)has a casing that is too large to fit
between the top of the building and the opening of the door(If lighting is installed flush with top of wall-
Casing will impede door opening) - attached is an alternative light submittal that will fit in the spacing
provided. There is an additional cost of$155.00 Each including the Lamp. Please indicate if you would like to
proceed with this Change.
Respectfully,
Ron Lane
Project Manager/ Estimator
Brystar Contracting,Inc.
8385 Chemical Road
Beaumont,Texas 77705
Cell: 409-284-6488
Office: 409-842-6768 Eat 111
RonQa DWstar.com
CONFIDENTIALITY NOTICE:This email message,including any attachments,is for the sole use of the
intended recipient(s) and may contain confidential and privileged information. Any unauthorized review,use,
disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply
email and destroy all copies of the original message.
Red Skelton Pledge
i
FOd JanewnvH.OS ..
YSrA4
CONTRACTI NG, INC.
8385 Chemical Road•Beaumont,Texas 77705 • (409) 842-6768
November 13,2010
Mr.Nestor Barroeta, P.E.
Schaumburg&Polk, Inc.
8865 College Street
Beaumont,Texas 77707
RE: E. Lucas Lift Station Remove and replace 36"RCP
Dear Mr. Barroeta,
As discussed and per your direction Brystar has completed the additional work of
Removing and Replacing of 16 LF of 36"RCP and installing 2 each Concrete Collars at
approximate Station No. 0+11 due a conflict in the 36" RCP and the alignment of the
proposed Sanitary Sewer.
Brystar requests an additional two days be added to the contract time to allow for the
aforementioned extra work.
LUMP SUM PRICE: $7,730.02
Should you have any questions please do not hesitate to call.
Sincerely,
R Lane,
Project Manager
Cc: File
0
Y
CONTRACTING, INC.
8385 Chemical Road •Beaumont,Texas 77705 • (409) 842-6768
October 19,2010
Mr. Nestor Barroeta,P.E.
Schaumburg& Polk, Inc.
8865 College Street
Beaumont, Texas 77707
RE: E. Lucas Lift Station Additional Tree Removal
Dear Mr. Barroeta,
Per your request Brystar proposes to fiunish all labor, supervision, equipment,material
and necessary insurance to complete the scope of work as follow:
SCOPE OF WORK
1. Additional Clearing and Grubbing: Remove one(1) additional tree as discussed.
Lump Sum Price $1,200.00.
Should you have any questions please do not hesitate to call.
Z e
Project Manager
Cc: File
aftysrAi ,q
CONTRACTING, INC.
8385 Chemical Road •Beaumont,Texas 77705 • (409) 842-6768
December 13, 2010
Mr.Nestor Barroeta,P.E.
Schaumburg&Polk, Inc.
8865 College Street
Beaumont, Texas 77707
RE: E. Lucas Lift Station Additional Tree Removal from adjoining property
Dear Mr. Barroeta,
Per your request Brystar proposes to fu-nish all labor, supervision, equipment,material
and necessary insurance to complete the scope of work as follow:
SCOPE OF WORK
1. Additional Clearing and Grubbing: Remove one(1) additional tree as discussed.
Lump Sum Price $2,000.00
Should you have any questions please do not hesitate to call.
Sincerely,
Ron Lane,
Project Manager
Cc:File
E. Lucas Lift Station and Force Main Extra Work at Tunnel
Brystar Contracting,Inc. Hours: Rate Totals:
Foreman 10.00 $ 34.00 $ 340.00
Operator 10.00 $ 25.50 $ 255.00
Laborer 10.00 $ 21.10 $ 211.00
Truck Driver 6.00 $ 21.10 $ 126.60
Komatsu PC400 10.00 $ 59.00 $ 590.00
Crew Truck 10.00 $ 7.85 $ 78.50
Tandem Dump Truck 6.00 $ 35.00 $ 210.00
Survey Crew 1.00 $ 86.00 $ 86.00
Sub Contractor:San Jacinto Boring and Tunneling
Foreman 8.00 $ 34.00 $ 272.00
Laborer 8.00 $ 21.10 $ 168.80
Laborer 8.00 $ 21.10 $ 168.80
Laborer 8.00 $ 21.10 $ 168.80
Crew Truck 8.00 $ 7.85 $ 62.80
Materials
57 Rock 26 tons at Added to bid item#43
Sub Total $ 2,738.30
15%.OH&P $ 410.75
Total Extra Work: $ 3,149.05
RESOLUTION NO.
WHEREAS, on April 20, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-101 awarding a contract in the amount of $2,105,056.80 to
Brystar Contracting, Inc. for the East Lucas Lift Station and Force Main and Interceptor
Rehabilitation Project; and,
WHEREAS, Change Order No. 1 in the amount of$37,472.05 is required for the
removal and disposal of trees on or adjacent to the lift station site, adjustments to an
existing 36" RCP storm line to allow for the installation of the proposed 24"gravity sanitary
sewer line, replacement of proposed light fixtures, modifications to the proposed generator
plug, installation of a bronze plaque, and adjustment to the unit price of item Al2 to match
the unit price as bid. Also included is additional labor to install the proposed sanitary sewer
force main under Regent I I Subdivision,and additional labor and materials to complete the
tie-in of the proposed force main at Interstate 10, thereby increasing the contract amount
to $2,142,528.85; and,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 in the amount of $37,472.05, thereby increasing the contract amount to
$2,142,528.85.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEAUNON* City Council Agenda Item
T • E • S • A • 8
TO: City Council
FROM: Kyle Hayes, City Manager
Qo.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider authorizing the acceptance of four(4)ten foot
(10')wide Exclusive Water Line Easements.
RECOMMENDATION
The Administration recommends acceptance of four(4) Water Line Easements being a 0.264
acre (11518.77 square feet), 0.192 acre (8346.23 square feet), 0.118 acre(5154.73 square feet)
and 0.030 acre (1287.47 square feet)tracts to provide water and fire protection services for
Westbrook High School located at 8750 Phelan Blvd.
BACKGROUND
Beaumont Independent School District has agreed to convey four(4)ten foot(10')wide
exclusive Water Line Easements to the City of Beaumont. The Water Line Easements will
provide mandatory,access to the water lines and fire hydrants for the school auditorium and
would also allow for the construction, alteration, operation and maintenance of the said water
lines and appurtenances.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, the Beaumont Independent School District has agreed to convey four
(4)ten (10)foot wide exclusive water line easements, said easements being out of the A.
Houston League,Abstract No. 33, as described in Exhibits"A,""C,""E,"and"G"and shown
on Exhibits"B,""D,""F,"and"H,"attached hereto, to the City of Beaumont for the purpose
of providing water and fire protection services for Westbrook High School located at 8750
Phelan Boulevard and allowing for the construction, alteration,operation and maintenance
of said water lines and appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyances and
is of the opinion that the acceptance of said conveyances are 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 statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and
THAT the easements conveyed by the Beaumont Independent School District, as
described in Exhibits"A,""C,""E,"and "G"and shown on Exhibits"B,""D,""F,"and "H,"be
and the same are hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -
•'t
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of
Jefferson, State of Texas, hereinafter called "GRANTOR",whether one or more,for and in
consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County,Texas,hereinafter called "GRANTEE", the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827,Beaumont, Texas 77704,Jefferson County, Texas, its
successors and assigns, an easement to use,repair,alter, and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit"A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating,repairing,
rebuilding,replacing, relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned,but Grantor reserves the right to use the surface of the
easement land for vehicular parking,driveways, landscaping, fencing, and other surface uses that
EXHIBIT "A"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land,but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve,maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line.Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Carrol Thomas, Superintendent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P. O.Box 3827
Beaumont,TX 77704
.. p
R "Recognizing the landmarks of the past....setting our foresight towards the future'
LAND SURVEYORS, INC.
Richard L Worthey,RPLS
J.L.Sims,Jr.,RPLS
EXffiBIT"A"
Pagel of 3
July 12,2011
Surveyor's Field Note Description: 0.264 Acre Exclusive Water Line Easement
BEING a 0.264 acre (11518.77 square feet) tract of land (Exclusive City Water Line Easement)
out of and a part of that certain South Park ISD called 100.00 acre tract of land, more fully
described and recorded in Volume 1492,Page 5 of the Deed Records of Jefferson County,Texas.
Said 0.264 acre (11518.77 square feet)tract of land(Exclusive City Water Line Easement)being
situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas and being more
particularly described as follows:
COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract,
same being the Northeast corner of that certain Buckner Baptist Benevolences called 29.984 acre
tract of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records
and being in the South line of Manion Drive (public right-of-way);
Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract,
same being the East line of said 29.984 acre tract,a distance of 1806.51 feet to a point;
Thence North 87 deg. 23 min. 00 sec. East,a distance of 930.04 feet to a point at the PLACE OF
BEGINNING of the herein described tract;
THENCE North 01 deg. 58 min. 00 sec. West, a distance of 421.28 feet to a point;
THENCE North 44 deg.41 min. 34 sec. East, a distance of 10.33 feet to a point;
THENCE North 51 deg. 53 min. 09 sec. West, a distance of 17.53 feet to a point;
THENCE North 04 deg. 35 min. 38 sec. West, a distance of 40.32 feet to a point;
THENCE North 86 deg. 58 min. 57 sec. East, a distance of 10.00 feet to a point;
THENCE South 04 deg. 35 min. 38 sec.East, a distance of 35.66 feet to a point;
THENCE South 51 deg. 53 min. 09 sec. East,a distance of 14.31 feet to a point;
THENCE North 44 deg.41 min. 34 sec. East, a distance of 55.21 feet to a point;
1480 Cornerstone Court
Beaumont,Texas 77706
Tel: 409.866.9769 Fax: 409.866.7075
www.wortech.com /
W�RTECH
LAND SURVEYORS, INC.
EX)FIIBTT"A"
Page 2 of 3
0.264 Acre Exclusive City Water Line Easement
THENCE North 87 deg. 24 min. 24 sec. East, a distance of 609.23 feet to a point for corner in
the East line of said South Park ISD called 100.00 acre tract, same being the West line of that
certain West Oaks Townhomes,Phase III tract,more fully described and recorded in Volume 17,
Page 364 of the Map Records of Jefferson County, Texas, from which the Northeast corner of
said South Park ISD called 100.00 acre tract, same being the Northwest corner of said West Oaks
Townhomes,Phase III bears North 02 deg. 54 min. 04 sec.West,a distance of 1342.02 feet;
THENCE South 02 deg. 54 min. 04 sec. East along and with the East line of said South Park ISD
called 100.00 acre tract, same being the West line of said West Oaks Townhomes,Phase III tract
and that certain West Oaks Townhomes, Phase I tract, more fully described and recorded in
Volume 17,Page 74 of said Map Records, a distance of 10.00 feet to a point;
THENCE South 87 deg. 24 min. 24 sec. West, a distance of 605.37 feet to a point;
THENCE South 44 deg. 41 min. 34 sec. West, a distance of 67.39 feet to a point;
THENCE South 01 deg. 58 min. 00 sec. East,a distance of 417.05 feet to a point;
THENCE South 88 deg. 31 min. 15 sec. West, a distance of 10.00 feet to the PLACE OF
BEGINNING,containing 0.264 acre(11518.77 square feet)of land,more or less.
(This description is based upon a survey made on the ground under my direct supervision on
July 1, 2008 and is being submitted along with a survey plat showing the property and facts
found as described herein. All bearings are based upon the Texas Coordinate System of 1983,
South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a
combined adjustment factor of 1.00007 applied.)
"'z-,. OF
istered Professional Md9urveyor e�' e•
J.L SIMS. J .
'se 4599 +pf
SUM
EXHIBIT "A" Poc
PAGE 3 OF 3 F 3/8'
EXCLUSIVE CITY WATER LINE EASEMENT I.ROD
S02'3TD0'E 2809.66' q
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W/CAP'DD6.#5291'— —————
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Z 0.264 ACRE L3 O.J.C. $
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f w EXCLUSIVE CITY �� G
w° WATER LINE EASEMENT
11518.77 SQ.FT. P`
0.264 ACRE A o
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Ag2M1
BEp,U E1�G�P FtA PtSUR�
IFoL�01�G�PGES
NO2.54'04'W 1342.07
FND 1 P1'
1 I.ROD
WEST OAKS TOVA*K*" WESTOAKSTOWN101ES
PHAW I PHASE r
VOL.17,PAW 7t VOL 17.PAGE set
MJI.I.Q MJU.C.
ABBREVIATIONS
FIND FOUND �' $
1. IRON
SIFT. SOUARE FEET
D.R.I.a DEORSCORDS
JEFFEFISON BOUNDARY LINE TABLE
OPJ1r.C. OFFICIAL PUBLIC RECORDS
JEFFERSON COUNTY LINE NEARING DISTANCE 0' 100' 200' 400'
No. NUMBER FM
POO PLACE OFCOMME CIN+ L1 N01'St3'00'W 421.28'
Foe PLACE OF BEOM MNO L2 N44'41'34E 10.33' SCALE:T=200'
MJtJ.C. M+wRECORDS L3 N51'58'09"W 17.53'
JEFFERSON COUNTY L4 N04'3$n'36'W 40.37
ALL BEARINGS ARE BASED UPON THE TEXAS LS 10.00`
COORDINATE SYSMOF IM.SOUTH CENTRAL Le 8041 35.x' VICINITY MAP
ZONE'4200 NUS rswEY PORT}ALL MTANCES NOT TO SCALE
,�ACREAGES ARE SURFACE yBTHA D L7 S51*53VM 14.31'
ADJUSTMENT FACTOR of 1.00007 APPLIED. Le N44'41'34E 55.21'
ALL EASEMENTS SHOV01 HEREON YAM L9 N87.2474 E 60927 B
PROVIDED I+THE TITLE AND EASEMENT REPORT L10 S02'54'04'E 10.w pl�� B
BY JEFFERSON COUNTY TIRE COMPANY
EFFECTIVE DATE FEBRUARY 19,zaoa Li 1 SST'24'24'W 6o5.3T
SUBMITTING INFORMATION. Lag S44.41'34'W 67.39 •
BEAUMONT INDEPENDENT SCHOOL DISTRICT L13 S01'5V00'E I 417.05 US 90 (Cowl
33196 HARRISON'BEAUMONT.TEXAS 7706 114 S85'31'151N 10.00
ATTN:ROBERT ZN0EUMM IBe417-6017
Nanm
The Rndkgs and opinlonsof wORTECH land Surveyors,Inc reRected Iwel are priVMped,con4dentlN and Intended only For the use of the Individual or entIty for whom tits work wu
prepared. It Is understood that the use of,reliance on,or reproduction of same,In while or In part,by others without the express written mneant of wORTECH land Surveyors,Inc Is
prohWWd and without warranty,ex{wese or knptlM. INORTECH Land Surveyors,Inc shell M held harmless again at any damages or expenses resuldnB from such unauthorized use,
reitance or reproductlOn.Copyright 2011.AN rights resery ed.
JIM NO: 2011-011 SURVEYOR'S CERTIFICATION
FIELD BOOK: 1W/G1s1 �k O r THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY
PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY
DATE: 711202011 A.' +7 MADE UNDER MY DIRECT SUPERVISION ON JURY 1.2001.AND IS
SCALE: 17-20G � OEM SUBMITTED ALONG WITH THE SMVEYORS FIELD NOTE
DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHICH LIES IN
W /'�� JE FFERSON COUNTY.TEXAS.
iv 459 #�URVEYORS, INC. s~4 fu Na
1x80 Cornerstone Count ^
Beaumont,Texas 77706 // r
Tel: 409.866.9769 �S DOCUMENT NOT VALID
.yltAat�.
Fax:409.866.7075 VVIRIOUTORIGNO1.SEAL AND OR
www.worLech.COm
EXHIBIT "B"
't
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of
Jefferson, State of Texas,hereinafter called "GRANTOR",whether one or more, for and in
consideration of the sum of ONE AND NO/100 DOLLAR($1.00), aad other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas, hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827,Beaumont, Texas 77704,Jefferson County, Texas,its
successors and assigns, an easement to use,repair, alter, and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit "A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating, repairing,
rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned,but Grantor reserves the right to use the surface of the
easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that
EXHIBIT "C"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land, but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve, maintain and
operate the same as permitted by law,and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the waterline.Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Carrol Thomas, Superintendent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P. O.Box 3827
Beaumont,TX 77704
W,4�RTECH "Recognizing the landmarks of the pag.....settrng our foresight towards the future"
LAND SURVEYORS, INC.
Richard L.Worthey,RPLS
J.L.Sims,Jr.,RPLS
EXHIBIT"A"
Page 1 of 3
July 11,2011
Surveyor's Field Note Description: 0.192 Acre Exclusive Water Line Easement
BEING a 0.192 acre (8346.23 square feet) tract of land (Exclusive City Water Line Easement)
out of and a part of that certain South Park ISD called 100.00 acre tract of land, more fully
described and recorded in Volume 1492,Page 5 of the Deed Records of Jefferson County,Texas.
Said 0.192 acre (8346.23 square feet) tract of land (Exclusive City Water Line Easement) being
situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas and being more
particularly described as follows:
COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract,
same being the Northeast corner of that certain Buckner Baptist Benevolences called 29.984 acre
tract of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records
and being in the South line of Manion Drive(public right-of-way);
Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract,
same being the East line of said 29.984 acre tract, a distance of 2289.14 feet to a point;
Thence North 87 deg. 23 min. 00 sec. East, a distance of 198.38 feet to a point at the PLACE
OF BEGINNING of the herein described tract;
THENCE North 87 deg. 31 min. 43 sec.East,a distance of 722.54 feet to a point;
THENCE North 02 deg. 47 min. 0l sec. West,a distance of 94.21 feet to a point;
THENCE North 87 deg. 15 min. 36 sec.East,a distance of 17.85 feet to a point;
THENCE South 02 deg.44 min. 24 sec. East,a distance of 10.00 feet to a point;
THENCE South 87 deg. 15 min. 36 sec. West,a distance of 7.84 feet to a point;
THENCE South 02 deg. 47 min. 01 sec. East,a distance of 94.25 feet to a point;
1480 Cornerstone Court
Beaumont,Texas 77706
Tel:409.866.9769 Fax: 409.866.7075
www.wortech.com
1
W�RTECH
LAND SURVEYORS, INC.
EXHIBIT "A"
Page 2 of 3
0.192 Acre Exclusive City Water Line Easement
THENCE South 87 deg. 31 min. 43 sec. West,a distance of 732.56 feet to a point;
THENCE North 02 deg. 39 min. 57 sec. West, a distance of 10.00 feet to the PLACE OF
BEGINNING,containing 0.192 acre (8346.23 square feet)of land, more or less.
(This description is based upon a survey made on the ground under my direct supervision on
July 1, 2008 and is being submitted along with a survey plat showing the property and facts
found as described herein. All bearings are based upon the Texas Coordinate System of 1983,
South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a
combined adjustment factor of 1.00007 applied.)
OE
d•
istered Professional 9W§urveyor LL 1 .
*a 4599 +fr
14,�Rt3»«:r•�A
sup
EXHIBIT "A" FI
PAGE 3 OF 3D .
EXCLUSIVE CITY WATER LINE EASEMENT I.ROD
S02°3T00"E 2809.66' m
w
FND 5/8"I.ROD —S02_37'00"E 2289_14'— --- B
-------- ------ -------- Z
---- W/CAP"DD6.#5291•--- �---------- —
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10'vwde Gas PsleBrre Easement
L8 z Volume 2258,Page 273 R °
D.R.J.C.
q 0.192 ACRE
y}1�
3�pQU
CCZ—PO
EXCLUSIVE CITY
WATER LINE EASEMENT
8346.23 SQ.FT.
a a 0.192 ACRE H DNS
�yRN° �o. col w Zee
C vOU J 05k.,G' c
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ABBREVIATIONS al
w I
FM FOUND i
L IRON
SO.FT. SQUARE FEET i
D.RJ.C. DGED RECORDS
JEFFERSON COUNTY I FND 112"
o.P.RJ.C. OFFICIAL PUBUC RECORDS 0' 100' 200' 400' I.ROD
JEFFERSON COMM Islas
No. NUMBER SCALE 1'200'
POC PLACE OF COMMENCING
Poe PLACE OF SEGNMNO
BOUNDARY LINE TABLE
ALL BEARINGS ARE BASED UPON THE TEXAS
COORDINATE SYSTEM OF1ses,SOUTH CENTRAL LINE BEAIRM DISTANCE VICINITYAAAP
ZONE Y20PGE ARE SURVEY
SURFACE FOOT►ALL ACOM DISTANCES
COMBINED
L1 NBr31'43"E 722.54' NOT TO SCALE
AND ST E NT F ARE OF A O yYF11f A COMBINED
ADJUSTMENT FACTOR Of 1.00007 APPLE. L2 2"47'01"VI/ 9421'
ALL EASEMENTS SNOWN HEREON WERE L3 N87-15.36-E 17.85' B
PROVIDED IN THE TIRE AND EASEMENT REPORT L4 S02"4424"E 10.00' a
BY JEFFERSON COUNTY TIRE COMPANY Ls S6r15'36"W 7.84' Phelan
EFFECTIVE DATE FEBRUARY 19,2000.
L6 SO2.47ro1"E 9x.25' •
su a w0w� L7 S8r31'43'W 732.56`1 US (Calms)
BEAUMONT BB7@�ENT SCHOOL DISTRICT
SissNAIIIBSON-BEALRAONT,Tv"77706 IL8 NOY39B7"W I 10.00'
ATTH;ROBERT2NIBELNAFN 4054117-5017
5101YCMi
The RndhW and opinions of WORTECH Land Surveyors,Inc.reflected hvdn ans prWBegad,conSAanlgl and IMendsd only for the use of the IndMduel or entity for whom this work was
prepared. It Is understood that the use of,reliance on,or reproduction of same,In whole or In part,by others without the express wrftm consent Of WORTECH Land Surveyors,Inc.Is
pmhW,*d and without warranty,express or hnpOwl. WORTECH Land Surveyors,Inc.shall be held hamdass against any damages or expenses rewft from such unauthorized use,
reftnce«npfodudlbn.CopyAya 2013.AS rights reserved.
JOB NO: 201141 SURVEYORS CERTIFICATION
FIELD BOOK. 671/17
Of THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY
DR.BY: MAVyG 1> PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY
DATE: 7/112011 1{,� 7 MADE UNDER MY DIRECT SLWEMASIDN ON JULY 1,2006,AND IS
SCALE 1•-200' '�' BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE
DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHICH UES
WIN JEFFERSON COUNTY.TEXAS.
LAND SURVEYORS, INC. W:S=.
1480 Cornerstone Court
Beaumont,Texas 77706 +
Tel: 409.866.9769 �N
Fax 409.866.7075 wmqutostwmmm AND ER ANAL VEY
www.wortech.com ---"__�_••_...,M,..N
EXHIBIT "D"
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT,of the County of
Jefferson, State of Texas,hereinafter called "GRANTOR",whether one or more, for and in
consideration of the sum of ONE AND N01100 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County,Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED,SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827,Beaumont, Texas 77704,Jefferson County, Texas, its
successors and assigns, an easement to use,repair, alter, and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit "A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating,repairing,
rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned,but Grantor reserves the right to use the surface of the
easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that
EXHIBIT"E"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land, but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve,maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line.Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Carrol Thomas, Superintendent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3$27
Beaumont, TX 77704
W4PRTECH "Recognizing the landmarks of the past..,,.setting our foresight towards the future"
LAND SURVEYORS, INC. Richard L Worth",RPLS
J.L.Shns,Jr.,RPLS
EXHIBIT "A"
Page 1 of 3
June 27,2011
Surveyor's Field Note Description: 0.118 Acre Exclusive Water Line Easement
BEING a 0.118 acre (5154.73 square feet) tract of land (Exclusive City Water Line Easement)
out of and a part of that certain South Park ISD called 100.00 acre tract of land, more fully
described and recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas.
Said 0.118 acre (5154.73 square feet) tract of land (Exclusive City Water Line Easement) being
situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas and being more
particularly described as follows:
COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract,
same being the Northeast corner of that certain Buckner Baptist Benevolences 29.984 acre tract
of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and
being in the South line of Manion Drive(public right-of-way);
Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract,
same being the East line of said 29.984 acre tract,a distance of 1806.49 feet to a point;
Thence North 87 deg. 23 min. 00 sec. East, a distance of 929.05 feet to a point at the PLACE
OF BEGINNING of the herein described tract;
THENCE North 88 deg. 31 min. 15 sec.East,a distance of 13.58 feet to a point;
THENCE South 76 deg. 57 min. 18 sec. East, a distance of 100.08 feet to a point;
THENCE South 12 deg.21 min. 38 sec. West,a distance of 155.79 feet to a point;
THENCE South 02 deg. 38 min.40 sec.East, a distance of 147.23 feet to a point;
THENCE South 12 deg.42 min. 38 sec. West, a distance of 77.91 feet to a point;
THENCE South 87 deg. 15 min. 36 sec. West,a distance of 39.69 feet to a point;
THENCE North 02 deg.44 min. 24 sec. West, a distance of 10.00 feet to a point;
1480 Cornerstone Court
Beaumont,Texas 77706
Tel: 409.866.9769 Fax: 409.866.7075.
www.wortech.com /
J
W,TPRTECH
LAND SURVEYORS, INC.
EXHIBIT"A"
Page 2 of 3
0.118 Acre Exclusive City Water Line Easement
THENCE North 87 deg. 15 min. 36 sec. East,a distance of 32.07 feet to a point;
THENCE North 12 deg.42 min. 38 sec. East, a distance of 68.95 feet to a point;
THENCE North 02 deg. 38 min.40 sec. West,a distance of 147.20 feet to a point;
THENCE North 12 deg. 21 min. 38 sec. East,a distance of 147.23 feet to a point;
THENCE North 76 deg. 57 min. 18 sec. West,a distance of 88.92 feet to a point;
THENCE South 88 deg. 31 min. 15 sec. West,a distance of 12.30 feet to a point;
THENCE North 01 deg. 28 min. 45 sec. West, a distance of 10.00 feet to the PLACE OF
BEGINNING,containing 0.118 acre (5154.73 square feet)of land,more or less.
(This description is based upon a survey made on the ground under my direct supervision on
July 1, 2008 and is being submitted along with a survey plat showing the property and facts
found as described herein. All bearings are based upon the Texas Coordinate System of 1983,
South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a
combined adjustmentfactor of 1.00007 applied)
r
istered Professional LaWguiveyor
1.1.:044R.
.lNtwf ,t4
S
EXHIBIT "A"
PAGE 3OF3 POC
EXCLUSIVE CITY WATER LINE EASEMENT FND 31W
I.ROD
S02e3r00"E 2809.66'
AA
— ----------------- ----------
-———— S02°3x00"E 1806.49 ";
Nk Entex, Inc. 7 ° c
10' Wide Gas Pipeline Easement
Volume 2258, Page 273 R
D.R.J.C. T..
o
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LWA TER LINE EASEMENT M1 e
5154.73 SQ.FT. v ^
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Volume 1510, Page 365
D.R.J.C.
ABBREVIATIONS
PRO FOUND
0' SD 100 Z00 FNO1l2'
L WON I.ROD
DD U.I C. DEED RECORDS BOUNDARY LINE TABLE SCALE:1"=100'
JEFFERSONCOUNlY LINE BEARM DISTANCE
OPRJ.C. OFFIDSIL PUISLC IEf 70UDS
JEFFERSON COUNTY L7 NQ8 46PE 13.58'
N. NUMBER L2 878'Sr18'E 10018'
POC RACE OF COMMENCING L3 81r21'38'YU 155.79'
Foe PLACE OF eEB•N+D
L4 A02'38"10'E 147 23
ALL BEARINGS ARE BASED UPON THE TEXAS 9 $1r4r3rW 77.91'
coarosi►TE SYSTEM OF/sa.SOUTH CENTRAL L8 S87'151M 39.89 VICINITY MAP
ZONE 420E"SURVEY FO on ALL ORRARCES L7 NOr44'24'W 10.00' _ NOT TO SCALE
AND ACREAGES ARE BIRIFAgF MITI A COMBINED Y
ADJUSTMENT FACTOR OF IMES7 APPLE. L8 N87'15r36'E 32.07' R
ALL EASEMENTS SHOVM1 HEREON WERE L9 N1r42'38'E 88.96' � ■
PROVIDED IN THE TITLE AND SAME TREPORT L10 NO2'3V40 W 147.20' s
By SFERBON COUNTY TITLE oowAw
EFFECTIVE DATE FEBRUARY 19.20M L11 N12'21WE 1472T
L12 N78'Sr18'W 88.92' •
AI oFir9ioO-09WW SCHOOL MTRlcr IL13 S88.31'15"W 12.30' (COUP)
3M 3 K#JUtV -OFAUMONT.TEXAS"roe L14 NDI*W4&W 10.00'
ATTN:R06ERT2KVVJAAMU 4094I17.WI7
NORCet
The RMMq"and oPkdans of WORTECH U w4 Surveyors,Inc.rella, IwNn Bee pr~,owAUdMN)al and Intended ardy for tM uN W the aedlvldual or&Wtv for whom tMs work was
prepaead. It Is understood That the use of,raEanoe on,or nwradtlalon Of Sam,In,0 or In Part,by adw$wDalt the eXpesa wRMer ooma t of WORTECH Lend Surveyors,Inc Is
prahl6Rad and without warranty,w4wass or knllead. WORTECH Land Surveyors,Inc.shod be hold hwn*u asakwt any damages or esperwes resuftV Aom such unauthoASed use,
rdsrnas or rWadLvWL Copptght?ALt.AM doo roavW.
JOB N0: 2011.0ls SURVEYOR'S CERTIFICATION
FIELD BOOK 671117
DR.BY: MIND THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY
PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY
6727 11 * 7. MADE UNDER MY DIRECT SUPERVISWN ON JULY 1.2006.AND IS
SCAM I"w OEM SUWAi TED ALONG WITH THE SURVEYOR'S FIELD NOTE
DESORIPTION OF THE PROPERTY SHOWN HEREON,WHICH LIES IN
j L j ��"�V� •' JEFFERSON COUNTY.TEXAS.
LAND SURVEYORS, IENC.
1480 Cornerstone Court 111A
Beaumont,Texas 77706 P r
Tel: 409.866.9769 NA�
Te9sooaBLewrwo7VALD �
Fax:409.866.7075 aRNIDUfORIDI1e.SEKAID VWTERED
www.wortech.com me^wmoFpommcg1 wvm
EXHIBIT "F"
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of
Jefferson, State of Texas,hereinafter called "GRANTOR",whether one or more, for and in
consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County,Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704,Jefferson County, Texas, its
successors and assigns, an easement to use,repair, alter, and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit "A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating, repairing,
rebuilding,replacing, relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned,but Grantor reserves the right to use the surface of the
easement land for vehicular parking,driveways, landscaping, fencing, and other surface uses that
EXHIBIT"G"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land,but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve,maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line. Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Carrol Thomas, Superintendent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the- same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P. O. Box 3827
Beaumont,TX 77704
WARTECH "Recognizing the landmarks of the past.....setting our foresight towards dw future"
LAND SURVEYORS, INC.
Richard L Wortimy,RPLS
J.L.Sims,Jr.,RPLS
EXHIBIT"A"
Page 1 of 2
July 21,2011
Surveyor's Field Note Description:0.030 Acre Exclusive City Water Line Easement
BEING a 0.030 acre(1287.47 square feet)tract of land(Exclusive City Water Line Easement)out of and a
part of that certain South Park ISD called 100.00 acre tract of land, more fully described and recorded in
Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas. Said 0.030 acre (1287.47 square
feet)tract of land (Exclusive City Water Line Easement)being situated in the A. Huston League, Abstract
No. 33,Jefferson County,Texas and being more particularly described as follows:
COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract,same being
the Northeast corner of that certain Buckner Baptist Benevolences called 29.984 acre tract of land, more
fully described and recorded in Volume 1960, Page 26 of said Deed Records and being in the South line of
Manion Drive(public right-of-way);
Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract, same
being the East line of said 29.984 acre tract,a distance of 1797.87 feet to a point;
Thence North 87 deg. 23 min. 00 sec. East, a distance of 165.67 feet to a point at the PLACE OF
BEGINNING of the herein described tract;
THENCE North 84 deg.46 min.44 sec.East,a distance of 108.48 feet to a point;
THENCE South 01 deg. 58 min.35 sec.East,a distance of 30.36 feet to a point;
THENCE South 88 deg.01 min.25 sec.West,a distance of 10.00 feet to a point;
THENCE North 01 deg. 58 min.35 sec. West,a distance of 19.78 feet to a point;
THENCE South 84 deg.46 min.44 sec.West,a distance of 98.88 feet to a point;
THENCE North 00 deg. 22 min. 50 sec. East, a distance of 10.05 feet to the PLACE OF BEGINNING,
containing 0.030 acre(1287.47 square feet)of land,more or less.
(This description is based upon a survey made on the ground under my direct supervision on July 1, 2008
and is being submitted along with a survey plat showing the property acrd facts found as described herein.
All bearings are based upon the Texas Coordinate System of 1983, South Central Zone `4204'(U.S. Survey
Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.)
I••
stered Professional Lan eyor J.L
O S N IR 1480 Cornerstone Court
Beaumont,Texas 77706
Tel: 409.866.9769 Fax: 409.866.7075
www.wortech.com
EXHIBIT "A"
FND 5W I.ROD PAGE 2 OF 2 FND 31W
wICAP STAMPED EXCLUSIVE CITY WATER LINE EASEMENT 1.ROD
'DDB.#16291'
S02°37'00"E 2809.66' a
W
S02°37'00"E 1797.87'
Entex, Inc
10' Wide Gos Pipeline Easements"
Volume 2258, Page 273 c
D.R.J.C.
0
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D O Z I F6 p
W we a13;I I co 77 a 7 q e P'NPg S��N C i f
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0.03 ARE ° v gO
L6
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EXCLUSIVE CITY z3 v
WATER LINE EASEMENT `pts�l�O z
1287.47 SQ.FT. I—
0.030 ACRE Ln
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J
L2 I I FND 1J2'
1.ROD
ABBREVIATIONS d1
FND FOUND
1. WON
SO.ET. IR
SQUARE FEET
D.R.J.C. DEEDfEC01MS
JEFFERSON COUNTY
O.P.R.J.C. OFFICIAL PUBLIC RECORDS 0' 25' 50" 100'
JEFFERSON COUNTY
Na NUMBER SCALE:I%W
POC PLACE OF COMMENCING
POB PLACE OF BEGINNING
ALL BEARINGS ARE BASED WON THE TEXAS
0 ssL YY FOG .ALL DISTANCES BOUNDARY LINE TABLE VICINITY MAP
ZONE AND ACREA<aES ARE SURFACE NRtH A COMBINED NOT TO SCALE
ADJUSTMENT FACTOR OF 1.00007 APPLIED. LN4E BEARINGS DISTANCE
ALL EASEMENTS SHOWN I EMON WERE L1 NS4.48'44"E 108.48' ■
PROVIDED IN THE TITLE AND EASEMENT
BY JEFFERSON COUNTY TECOMPANY REPORT L2 301.5836'E 30
TITLE Phdw ■
EFFECTIVE DATE FEBRUARY 19,2008. L3 SB8"0125'W 10.00'
SUINAITTING INFORMATION: L4 NOt"58'35"W 19.78'
BEAUMONT IOEPB*Mff SCHOOL DISTRICT L5 S84"4V44"W 98.88' V$90 ( )
3395""WoN'eEJUA4oNr.TEXAS 77>oe L8 N00°2230'E 10.05
ATTN:ROBERT Z NMLMANN 4084173017
BE
f10TfICte
The findings and OPIrdws of WORTECH lend Surveyors,Inc.renected herein are Privileged,conBdentlel MW Intended only for the use of the IndNduat or entity for whom tlNs work was
prepared. It Is Understood Mat the use d,reWnoe on,or reproductlem of same,In whale or In Part,by adws without the express written consent of wORTECH Lend Surveyors,Inc.is
pmMMRd and w*t w A warranty,express or MnpNed. WORTSCH lend Surveyors,Inc.shall be held harmless against arty damages or exposes resulting from such unaudxwtmd use,
reMnoe or reproduction.Copyright 2011.AN rights reserved.
JOB NO: 2011-088 SURVEYORS CERTIFICATION
DRAY:BOOK: MWG D;Np THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY
DR.BV: ldVYG '� PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY
DATE: 7!21/2011 �� MADE LINDER MY DIRECT SUPERVISION ON JULY 1,2006,AND IS
SCALE 11-87 SENNG SUSANTIED ALONG WITH THE SURVEYOR'S FEW NOTE
�E C H .L DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHICH IDES IN
JEFFERSON COUNT/.TEXAS.IV SOIL
LAND SURVEYORS,
INC, sulk
1480 Cornerstone Court
Beaumont,Texas 77706
Tel: 409.866.9769 THIS DOCUMENT NOT VALID
Fax:409.866.7075 WITHOUT ORIGINAL SEAL AND
www.wortech.com I EXHIBIT "H"
D
RICH WITH OPPORTUNITY
B E A U N *
T a • s • A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Q9.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
Notice of Encroachment agreement with Jefferson County
Drainage District No. 6.
RECOMMENDATION
Administration recommends authorization to execute Notice of Encroachment agreement with
Jefferson County Drainage District No. 6 to allow the City of Beaumont to maintain a water line
within Jefferson County Drainage District No. 6 right-of-way.
BACKGROUND
On July 19, 2011,Council approved Resolution No. 11-199 accepting a ten foot(10')wide
Exclusive Water Line Easement for an additional classroom at Dishman Elementary located at
3475 Champions Drive. Jefferson County Drainage District No. 6 approved encroachment
agreement with the City of Beaumont to provide for the installation of a waterline on a portion of
the District's easement on Ditch No. 202 that will service the Dishman Elementary School
The ten foot(10')wide exclusive water line easement is encroaching 1061.1 feet onto the
Jefferson County Drainage District No. 6 right-of-way.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, on July 19, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-199 accepting a ten (10) foot wide exclusive water line
easement for the purpose of providing water and fire protection services for Dishman
Elementary School located at 3475 Champions Drive and allowing for the construction,
alteration, operation and maintenance of said water lines and appurtenances; and,
WHEREAS, the ten foot (10') wide exclusive water line easement is encroaching
1061.1 feet onto the Jefferson County Drainage District No. 6 right-of-way; and,
WHEREAS, Jefferson County Drainage District No. 6 approved an encroachment
agreement with the City of Beaumont to provide for the installation of a waterline on a
portion of the District's easement on Ditch No. 202 that will service Dishman Elementary
School; and,
WHEREAS, the City of Beaumont wishes to enter into a Notice of Encroachment
with Jefferson County Drainage District No. 6 to allow the City to install and maintain a
water line within Jefferson County Drainage District No. 6 right-of-way; and,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to enter into a Notice of
Encroachment with Jefferson County Drainage District No. 6 to allow the City to install and
maintain a water line within Jefferson County Drainage District No. 6 right-of-way. The
Notice of Encroachment 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 9th day of
August, 2011.
- Mayor Becky Ames -
NOTICE OF ENCROACHMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
On the date last indicated below, Jefferson County Drainage District No. 6, whose
address is 6550 Walden Road, Beaumont, Texas 77707 (herein called "District") and City of
Beaumont, whose address is P. 0. Box 3827,Beaumont,Texas 77704(hereinafter called"City"),
contracted and agreed as set forth herein.
District hereby.allows City to install and maintain a public water line within the District's
right-of-way described on the attached Exhibit"A."
In the event District, by resolution of its Board of Directors, determines it needs the
subject property, or any part thereof, for the benefit of District or to protect the health, safety, or
welfare of the public and it terminates this license or any part thereof, City shall not receive any
compensation and District shall not be liable therefor, whether for the value of property taken,
damage to the abutting or remaining property or improvement, loss of business or profit, loss of
access, or otherwise. City acknowledges that upon request of District, City will relocate and/or
remove the encroachment at the sole cost of City.
District, its successors and assigns, reserve the right to make improvements, perform
maintenance and construction on the right-of-way or premises covered by this license where
such is deemed necessary by the District. In doing so, District and its successors and assigns
shall not be liable to City for any damage occasioned thereby and City shall not be entitled to
prosecute or maintain a claim against such parties for any such damage sustained by City to said
encroaching structure or any abutting or attached structures, improvements or land. In addition,
City shall reimburse District, its successors and assigns, for any additional costs resulting from
the encroachment.
1
EXHIBIT "A"
City, its successors and assigns, will not do or cause to be done, anything to impede or
obstruct the flow of water through the District's right-of-way and easement. District makes no
warranties, express or implied, in authorizing this encroachment, nor does District purport to
convey any property interest or exclusive privilege by this agreement. It is specifically
understood that District is not the agent of, nor does it act for, the fee owners, or any person or
entities having any right, title, or right to possession of the land upon which District's easement
is located.
District shall in no case be liable for any damage or injury to the improvements located
upon said encroachment which may be caused by or result from operations undertaken by
District for the maintenance, conservation or improvement of drainage, and no claim or right to
compensation shall accrue from any such damage.
City acknowledges that the encroachment upon District's right-of-way will be within an
area requiring joint use-by District for regular mowing and maintenance of the drainage ditch
right-of-way and ditch maintenance such as slope or concrete lining failure repair. District's
work in this area could introduce damage of varying degrees to the encroachment and any related
improvements. City agrees that District will not be held liable for any damage caused to the
encroachment area.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas, by City. A recorded copy shall be returned to Jefferson
County Drainage District No. 6.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County,Texas,by City.
2
This license is neither assignable nor transferable except in conjunction with, and as part
of, City's conveyance of all the abutting property. This license serves through probate or
warranty deed or lease. In any such event, District shall be notified of such occurrence by being
delivered a copy of the document or documents conveying or leasing the same.
Any notice to District shall be sufficient if it is mailed or hand delivered to the General
Manager, Jefferson County Drainage District No. 6, Post Office Box 20078, Beaumont, Texas
77720-0078. Any notice to City shall be sufficient if mailed or hand-delivered to City of
Beaumont,whose address is P. O. Box 3827,Beaumont,Texas 77704.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day of , 2011.
DISTRICT:
JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 6
By:
sam 0. Smith
President
CITY:
CITY OF BEAUMONT
By:
3
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the rj,,6— day of
2011, by Sam 0. Smith, President of the Board of Directors of Jefferson unty page
District No. 6.
PAULA C.ANDERSON A&A,"
.� � Notary Public,State of Texas d '9d
�+:• MY oem mission Expires otary"Public. State of Texas
,,rrf
.STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the day of
2011; by of the
City of Beaumont.
Notary Public, State of Texas
4
EXHIBIT "A"
----�
I
I
I
i
oo
L L7 �
POINT OF TERMINATION
10' WIDE EXCLUSIVE
WATER LINE EASEMENT
CENTERLINE
10' WIDE EXCLUSIVE ° w
WATER LINE EASEMENT
SIN
LOT 1
DISHMAN ELEMENTARY gg
SCHOOL ADDITION 7s
CLERKS FLE NO,5829194,O.P,R.J.C, a
NUMBER DIRECTION DISTANCE
L1 N 4299 24 E 22.91
L2 N 03'0636 W 335.19
L3 N 41;572-1-1 E 56.56
L4 N 03'08 W 1043.98
L5 S 87'3449 W 122.97 IS DRAINAGE EASEI"T
L 6 $ 42'04 4 .W. 91.48 FBMF N0.n2V94i0.P.R.,4C.
0 IS 87'09 3 W 125&99 A
'JEFFERSON TT v
DRAIN DISTRICT NO.6 I .
Q CLERKS FAE N0.2003014090,
O.P.R.J.C. I d
(CALLED 0.263 ACRE)
I g
WALDEN MEADOWS !j I G,
SECTION TWO POINT OF BEGINNING I 11
VOL.17,PO.318,N.R.J.C. IO' WIDE EXCLUSIVE I �
BLOCK 1 WATER LINE EASEMENT
320.00 �� I 311.32
N 8719 24 E 631.4
(CALLED N 6534'05'E 631,41)
WALDEN ROAD
Q\PROJECTS\11030 DWam Elementary\Surety\11050)cddalMWtdwq Jul 12.2011 11;e9am '
Fittz Shipman ENCROACHMENT EXHIBIT �ET NO.
INC PROJECT NAME: DISHMAN ELEMENTARY SCHOOL
WALDEN ROAD
1405 CORNERSTONE COURT,DEAW-T,TUAS HEAUMONT, TEXAS PROJECT NO.
(405)632-7236 FAX(409)632-7303 DATE:7-12-11 11050
E
RICH WITH OPPORTUNITY
BEAUMON* City Council Agenda Item
T • E • % • A • 8
TO: City Council
FROM: Kyle Hayes, City Manager
QQO-
PREPARED BY: Patrick Donart; Public Works Director
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot(10')
wide Exclusive Water Line Easement.
RECOMMENDATION
The Administration recommends acceptance of a Water Line Easement to provide water and fire
protection services for Dishman Elementary located at 3475 Champions Drive.
BACKGROUND
On July 19, 2011, Council approved Resolution No. 11-199 accepting a ten foot(10')wide
Exclusive Water Line Easement for an additional classroom at Dishman Elementary. Beaumont
Independent School District has agreed to convey a ten foot(10')wide exclusive Water Line
Easement to the City of Beaumont for the classroom addition. The Water Line Easement will
provide mandatory access to the water lines and fire hydrants for the school property and would
also allow for the construction, alteration, operation and maintenance of the said water lines and
appurtenances.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, on July 19, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-199 accepting a ten (10) foot wide exclusive water line
easement from Beaumont Independent School District to provide water and fire protection
services for Dishman Elementary; and,
WHEREAS, an additional ten (10) foot wide exclusive water line easement is
required for the placement of a fire hydrant; and,
WHEREAS, the Beaumont Independent School District has agreed to convey a ten
(10)foot wide exclusive water line easement, said easement being out of the C. Williams
League, Abstract No. 59, as described in Exhibit "A" and shown on Exhibit "B," attached
hereto, to the City of Beaumont for the purpose of providing water and fire protection
services for Dishman Elementary School located at 3475 Champions Drive and allowing
for the construction, alteration, operation and maintenance of said water lines and
appurtenances; 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 statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and
THAT the easement conveyed by the 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 9th day of
August, 2011.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of
Jefferson, State of Texas, hereinafter called "GRANTOR",whether one or more, for and in
consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County,Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its
successors and assigns, an easement to use,repair, alter, and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit "A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating,repairing,
rebuilding,replacing, relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned,but Grantor reserves the right to use the surface of the
easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that
EXHIBIT "A"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land,but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve, maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line. Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Carrol Thomas, Superintendent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,TX 77704
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT "A",PAGE 1 OF 2 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
Billy).Smith,Jr.,President
OF A Donald R.Zang,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Fal�ut P.E.
SllilTman OUT OF THE Walter J.I iazek,R.P.L.S.
C. WILLIAMS LEAGUE,ABSTRACT 59
JEFFERSON COUNTY,TEXAS
JULY 25,2011
That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each
side of centerline, out of the C. Williams League, Abstract 59, Jefferson County, Texas, and
being in Lot 1 of Dishman Elementary School Addition, a plat recorded in Clerks File No.
9829194 of the Official Public Records of Jefferson County, Texas, said centerline being more
particularly described by the following courses and distances:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South
Central Zone#4204.
COMMENCING at a point in the east right-of-way line of Champions Drive and the west line of
said Lot 1 for the Point of Termination of the centerline of a called 10-wide exclusive water line
easement granted to the City of Beaumont in Resolution No. 11-199;
THENCE North 87 009'37" East along the said centerline a distance of 168.76 feet (called North
87 009'37" East) to a point for POINT OF BEGINNING of the said centerline of the 10'wide
exclusive water line easement; .
THENCE South 02 050'23" East along the centerline of the 10' wide water line easement a
distance of 29.00 feet to the POINT OF TERMINATION of the said centerline of the 10'wide
exclusive water line easement.
This description is based on a survey and plat made by Fittz& Shipman, Inc. during June 2011.
VIE OF
Walter J. Ksiazek *��, 0�1'E,p �s•
Registered Professi al Land Su eyor No. 5321
WAITER J. KSIA2F
�.� owl
�QQ
�vot"
FITTZ&SHIPMAN,INC.
Project No. 11050wtresmt2
Plat&Description
1405 Cornerstone Court- Beaumont,Texas 77706• (409)832-7238 -fax(409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No.100186
10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. EXHIBIT W, PAGE 2 OF 2
PROJECT NAME: BISD 2
DISHMAN ELEMENTARY PROJECT NO.
BEAUMONT, TEXAS 11050 POINT OF BEOINNING I
DATE:7-25-11 10' WIDE EXCWSIVE I
WATER UNE EASEMENT
NOTE: BEARINGS ARE REFERENCED TO THE NAD83
Fittz&3hipman TEXAS STATE PLANE COORDINATE SYSTEM, COMMENCING -
. SOUTH CENTRAL ZONE/42D4. POINT
Englneeea Land SMrveyora � I
1405 CORNERSTONE COURT, BEAUMONT, TEXAS N 87UA7-: E 15&76
(409)832-7238 FAX(409)832-7303 / II
GTY OF i654014—T —/
10'WbE EXCLUSIVE n CENTEIiIJhE
WATER LNE EASEMENT 10' WE EXCWSIVE
RESOLUTION No. 11-1ss WATER UK EASEMENT _
ca
POINT OF TERMINAIION
SURVEYOR'S CERTIFICATION: P10' WE EXCWSIVE
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ..I
THAT THIS IS AN ACCURATE PLAT Of A SURVEY k DESCRIPTION MADE WATER LINE EASEMENT
ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011. I m I
I =
ZE of t X
NUMBER DICTION DISTANCE LV
WALTER J. KSIAZEK * .•@gyp*TEIpt.74,+� L1 S 02'50 23' E 29.00
REGISTERED PROFESSIONAL L SURVEYOR N 21 7� mot}•• •
wAtJER J. KSUt2F1 I
• aIn
I
our,;* LOT 1
V
._t DISHMAN ELEMENTARY
SCHOOL ADDITION
CLERKS FILE NO. 9829194, O.P.R.J.C.
A I I JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 6
NUMBER 1NRECTM DISTANCE U I VOL. 1586.PC, 85, D.R.J.C.
L7 N 42'1 ,24 E 22.91 x 260'EASEMENT
L2 N OYW3r W .19
L3 N 41 21 E 56.36
L4 N 03506 W 1043.98
D��-T�-�LQO L5 S 873449 W 122.97
Pet EA L LB IS 4204 47" W 91.48
L7 S 87 3 IN
26&99
'09
I
II
0:\PROJECTS\11050 Dishmon Elementary\Survey\11O5Owtreemt2.dwq Jul 25, 2011 1Q4Oom III
F
RICH WITH OPPORTUNITY
BEAUM'01*
T • E • g • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City AttorneyC�
MEETING DATE: August 9, 2011
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled Kimberly Thibodeaux vs. Frank Jackson and
City of Beaumont;No. A-188,592.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled Kimberly Thibodeaux vs. Frank Jackson and City of Beaumont in the amount of
$14,000.00 as follows: $7,000.00 to Intervener BISD and$7,000.00 to Plaintiff Kimberly
Thibodeaux and her attorney Tom Oxford.
BACKGROUND
This matter was presented and discussed in Executive Session held on March 22, 2011.
BUDGETARYIMPACT
Funds are available in the General Liability Fund to pay the settlement amount.
RESOLUTION NO.
WHEREAS, the lawsuit styled Kimberly Thibodeaux vs. Frank Jackson and City of
Beaumont, Cause No.A-188,592 was discussed in Executive Session properly called and
held Tuesday, March 22, 2011; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit styled
Kimberly Thibodeaux vs. Frank Jackson and City of Beaumont, Cause No. A-188,592;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled
Kimberly Thibodeaux vs. Frank Jackson and City of Beaumont, Cause No.A-188,592, for
the sum of Fourteen Thousand Dollars ($14,000) as follows: Seven Thousand Dollars
($7,000) to Intervener BISD and Seven Thousand Dollars ($7,000) to Plaintiff Kimberly
Thibodeaux and her attorney Tom Oxford.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -
aloi WITS arreaTUSITT
BEA
T 0 9 0 X A 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 9,2011 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1,2,4-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Receive the proposed FY 2012 Budget and schedule a public hearing
2. Receive the proposed FY 2012 Capital Program and schedule a public hearing
3. Consider a request for an amendment to Chapter 28, Section 28.04.003, Sign
Regulations,to allow multi-color electronic reader board signs
4. Consider authorizing the City Manager to execute a contract for the Wastewater
Treatment Plant-Bar Screen Replacement and Digester Rehabilitation Project
5. Consider authorizing the City Manager to execute a Professional Services
Agreement with Mark Whiteley and Associates,Inc. for engineering services for
the South Park Relief Drainage Project
6. Consider approving Change Order No. 2 for the Event Center Paving and
Drainage Improvements Project
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
August 9,2011
Receive the proposed FY 2012 Budget and schedule a public hearing
RICH WITH OPPORTUNITY
REAiUMON* City Council Agenda Item
T • E • S - A - S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Finance Officer
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council receive the proposed FY 2012 Budget and schedule
a public hearing.
RECOMMENDATION
Administration recommends Council schedule a public hearing on August 23, 2011 at 1:30 p.m.
in the Council Chambers related to the proposed FY 2012 Budget.
BACKGROUND
Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the
Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4
requires Council to schedule a public hearing on the proposed budget and authorize the City
Clerk to publish the notice of the public hearing.
BUDGETARYIMPACT
A work session on the proposed FY 2012 Budget will be held on August 23, 2011.
2
August 9,2011
Receive the proposed FY 2012 Capital Program and schedule a public hearing
RICH WITH OPPORTUNITY
BEAU UR
T • E • g . A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council receive the proposed FY 2012 Capital Program and
schedule a public hearing.
RECOMMENDATION
Administration recommends Council schedule a public hearing on August 23, 2011 at 1:30 p.m.
in the Council Chambers related to the proposed FY 2012 Capital Program.
BACKGROUND
The proposed FY 2012 Capital Program was originally submitted to Council on May 13, 2011.
Revisions have been made to the original proposed document and are attached for your review.
Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the
proposed Capital Program and authorize the City Clerk to publish the notice of the public
hearing.
BUDGETARYIMPACT
The Capital Program will be reviewed with Council at a work session on August 23, 2011.
3
August 9,2011
Consider a request for an amendment to Chapter 28, Section 28.04.003, Sign Regulations,to
allow multi-color electronic reader board signs
SICK WITZ{ OPPORTUNITY
BEAUNON*T • R - a A s Ci tY Council Agenda Item
TO: Ci ty Council
FROM: Kyle Hayes, City Manager
C)�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider a request for an amendment to Chapter
28, Section 28.04.003, Sign Regulations,to allow multi-
color electronic reader board signs.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
Ozen High School installed an owner-identification sign that included an electronic reader board.
The school wants to have the capability to have the electronic reader board messages flash, flow,
alternate,blink or be animated. After a workshop with City Council and the Planning
Commission on June 20,2011, City Council instructed staff to recommend possible changes to
i t have such
the sign regulations that would allow school owned electronic reader boards o ha
gn � �
capability. Staff was also asked to research studies to determine what kind of distractions, if any,
animated signs might cause and what regulations other local cities had.
Orange allows flashing and animated owner identification signs.
Port Neches allows flashing and animated owner identification signs.
Lumberton does not allow motion/flashing owner identification signs within fifty(50) feet of a
traffic signal.
Vidor's regulations do not address the subject at this time but the City is currently working on
amending its sign ordinance to address such signs.
Roundrock-No flashing or scrolling, must remain static for a minimum of 8 seconds.
Sugarland -Prohibited,but schools and government are considered exempt, and therefore may
do as they please.
Bryan -For residential districts(church or school) static for a minimum of 1 hour and turned off
completely from midnight until 6 a.m. Must not take more than 1 second for copy to change.
Slow scroll currently allowed; however,they are seeking to limit the number of inches per hour it
can scroll.
Tyler- Static for a minimum of 3 seconds plus an additional second for each line of text over 3,
no scrolling or animation of any kind allowed.
Wichita Falls -If located less than 200 ft from residential use/zone,must remain static for a
minimum of 5 seconds or not be visible from the residential property.
Waco - Static for a minimum of 8 seconds,no scrolling or animation of any kind allowed.
Abilene-No animation, allowed only in commercial zones. Must remain static a minimum of 8
seconds with a maximum 2 second transition time.
Mesquite-Must remain static for a minimum of 5 seconds.
Plano-Must remain static for a minimum of 8 seconds.
While there is some difference of opinion on whether electronic reader board signs with moving
images are a major distraction to drivers, staff takes the position that such signs are just one more
distraction that has to be dealt with.
At a Joint Public Hearing held July 18, 2011,the Planning Commission voted 9:0 to approve the
following:
1. Sec. 28.04.003(b)(1)be amended as follows:
(C) The sign shall not have flashing lights,any type of intermittent
illumination or revolve in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted,except as an
attachment to or a part of a detached owner identification sign.
(ii) The message copy may change no more than once every five (5)
minutes.
(iii) Message copy shall not include any flashing, flowing, alternating
or blinking lights or animation.
,(iv) Message copy simil be one(1)color
(iv) As measured at the property line,the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs shall not be permitted in an historic
district.
(vi) Electronic reader board signs that are part of a detached owner
identification sign shall be allowed to have multiple colors.
identification si¢n shall be allowed to have multiple colors.
2. Sec. 28.04.003(b)(3)be amended as follows:
(D) The sign shall not have any flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted if approved as
part of the specific use permit.
(ii) The message copy may change no more than once every five(5)
minutes.
(iii) Message copy shall not include any flashing, flowing, alternating
or blinking lights or animation.
,(,iv) MessW coM sWI be one color.
(iv) As measured at the property line,the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs shall not be permitted in an historic
district.
(vi) Electronic reader board signs that are part of a detached owner
identification sign shall be allowed to have multiple colors.
3. Sec. 28.04.003(c)(1)be amended as follows:
(C) The sign shall not have any flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted, except as an
attachment to or a part of a detached owner identification sign.
(ii) The message copy may change no more than once every five(5)
minutes.
(iii) Message copy shall not include any flashing, flowing, alternating
or blinking lights or animation.
(iv) Nfeange copy shall be one (1)color.
(iv) As measured at the property line,the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board sins that are part of a detached owner
identification sign shall be allowed to have multiple colors.
4. Sec. 28.04.003(c)(5)be amended as follows:
(5) Electronic reader board signs shall be permitted in the GC-MD, GC-MD-
2, CBD, C-M, LI, HI and PD Districts subject to the following conditions:
(A) The electronic reader board is to be attached to or a part of a
detached owner identification sign.
(B) The message copy may change no more than once every five (5)
minutes.
(C) Message copy shall not include any flashing, flowing, alternating
or blinking lights or animation.
,(E)) Message copy shEdi be fintited to one(1)color.
(D) As measured at the property line,the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(E) No more than sixty(60) square feet of fifty(50)percent of the
maximum sign area,whichever is less, shall be dedicated to
electric changeable copy.
(F) Electronic reader board signs that are of a detached owner
identification sign shall be allowed to have multiple colors.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
SECTION 28.04.003, TO ALLOW MULTI-COLOR
ELECTRONIC READER BOARD SIGNS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 28, Subsection 28.04.003(b)(1)(C), of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.003. Sign regulations.
(b) Signs in residential districts. Signs shall not be permitted in
residential districts except as specifically authorized in this section.
(1) One detached owner identification sign shall be permitted for
a multiple-family dwelling development, nonresidential or institutional
building for each abutting street, subject to the following restrictions:
(C) The sign shall not have flashing lights, any type of
intermittent illumination or revolve in any manner,
except as allowed below:
(i) Electronic reader board signs shall not be
permitted, except as an attachment to or a part
of a detached owner identification sign.
(ii) The message copy may change no more than
once every five (5) minutes.
(iii) Message copy shall not include any flashing,
flowing, alternating or blinking lights or
animation.
(iv) As measured at the property line, the maximum
light emanation from a sign shall be no greater
than 0.2 footcandles.
(v) Electronic reader board signs shall not be
permitted in an historic district.
(vi) Electronic reader board signs that are part of a
detached owner identification sign shall be
allowed to have multiple colors.
Section 2.
THAT Chapter 28, Subsection 28.04.003(b)(3)(D), of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.003. Sign regulations.
(b) Signs in residential districts. Signs shall not be permitted in
residential districts except as specifically authorized in this section.
(3) One detached owner identification sign shall be permitted for
a commercial use with a specific use permit in the RCR,
Residential Conservation and Revitalization District, subject to
the following conditions and restrictions:
(D) The sign shall not have any flashing lights, intermittent
illumination, or revolve or rotate in any manner, except
as allowed below:
(i) Electronic reader board signs shall not be
permitted if approved as part of the speck use
permit.
(ii) The message copy may change no more than
once every five (5) minutes.
(iii) Message copy shall not include any flashing,
flowing, alternating or blinking lights or
animation.
(iv) As measured at the property line, the maximum
light emanation from a sign shall be no greater
than 0.2 footcandles.
(v) Electronic reader board signs shall not be
permitted in an historic district.
(vi) Electronic reader board signs that are part of a
detached owner identification sign shall be
allowed to have multiple colors.
Section 3.
THAT Chapter 28, Subsection 28.04.003(c)(1)(C), of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.003. Sign regulations.
(c) Owner identification signs in commercial and industrial districts. Signs
shall not be permitted in commercial or industrial districts except as
specifically authorized in this section.
(1) One detached owner identification sign, and one additional
detached sign for each thoroughfare more than one that abuts the
property, shall be permitted in the NC, Neighborhood Commercial
District, and the OP, Office Park District, subject to the following
conditions and restrictions:
(C) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner,
except as allowed below:
(i) Electronic reader board signs shall not be
permitted, except as an attachment to or a part
of a detached owner identification sign.
(ii) The message copy may change no more than
once every five (5) minutes.
(iii) Message copy shall not include any flashing,
flowing, alternating or blinking lights or
animation.
(iv) As measured at the property line, the maximum
light emanation from a sign shall be no greater
than 0.2 footcandles.
(v) Electronic reader board signs that are part of a
detached owner identification sign shall be
allowed to have multiple colors.
Section 4.
THAT Chapter 28, Subsection 28.04.003(c)(5), of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.003. Sign regulations.
(c) Owner identification signs in commercial and industrial districts. Signs
shall not be permitted in commercial or industrial districts except as
specifically authorized in this section.
(5) Electronic reader board signs shall be permitted in the GC-MD,
GC-MD-2, CBD, C-M, LI, HI and PD Districts subject to the
following conditions:
(A) The electronic reader board is to be attached to or a
part of a detached owner identification sign.
(B) The message copy may change no more than once
every five (5) minutes.
(C) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(D) As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
(E) No more than sixty(60) square feet of fifty (50) percent
of the maximum sign area, whichever is less, shall be
dedicated to electric changeable copy.
(F) Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to
have multiple colors.
Section 5.
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 28 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 6.
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 7.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 8.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -
4
August 9,2011
Consider authorizing the City Manager to execute a contract for the Wastewater Treatment
Plant-Bar Screen Replacement and Digester Rehabilitation Project
RICH WITH OPPORTUNITY
BEAUMON*
T • $ - X • A S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani Tohme, P.E.,Director of Water Utilities
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
contract for the Wastewater Treatment Plant-Bar Screen
Replacement and Digester Rehabilitation Project.
RECOMMENDATION
The Administration recommends approval of a contract with Allco, LLC of Beaumont in the
amount of$2,920,815.00. The contract will furnish all labor,materials, and equipment to
remove and replace the existing bar screen mechanisms and rehabilitate the existing digester
aeration system at the existing Wastewater Treatment Plant on Lafin Road.
The MBE participation will be with All American Construction& Supply of Beaumont, Texas.
The amount of the subcontract is $139,125.00,which represents 4.76% of the total bid.
BACKGROUND
The bar screen system is the first required stage of wastewater treatment. It removes large
debris, plastics, rags, and other material that is difficult to remove during primary treatment and
can harm the pumps. The existing bar screen system has been in service for nearly 10 years.
They have deteriorated and require constant maintenance due to the large amount of debris
received at the treatment plant. The screw conveyor system removes the debris removed by the
bar screens. The debris is then dewatered prior to disposal. The existing screw conveyor system
does not handle large debris and therefore requires constant maintenance. The new conveyor
system will provide consistent removal of debris of various sizes.
BUDGETARYIMPACT
Funds for the project are available in the Capital Program.
SCHAUMBURG & POLKON
BEAUMONT k HOUSTON ° TYLER
August 2,2011
Dr.Hani Tohme,P.E.
Water Utilities Director
City ofBesurnont
1350 Langham Rd.
Beaumont,Texas 77707
Re: City of Bemmiont
Wastewater Treatment Plant—Bar Sa een Replacement&Digester Rehabilitation
Reca2mmendg4m o,LAward
Dear Dr.Tohme:,
Bids were received on lbursday,June 16, 2011 for the above referenced projects. The project are to
remove and replace the existing bar smr w mechanisms and rehabilitate the existing digester ae abon
system at the existing wastewater treatment plant sate. Schaumburg& Pok Inc. has reviewed the
submitted bids and recommends that the Base Bid Items 1 - 23; Alternative Option 1, 2, 3, or a
comlbim ion thereof as decided by the City, Additive Item 1; Additive Item 2; Additive hmn 4,
Additive Item 5; and Additive Item 6 be awarded to Allco, LLC for a total contract amount of
$1920.815.00.
Please find attached a copy of the Bid Tabulation,and the submitted Schedule of MBE Participation
for your use. If you have any questions or require any additional infonnation please oontrct me.
Sincerely,
SC HAUMBURG&POLK, INC.
�A'�')� -
Mark Mann,P.E.
Project Manager
Enclosures
cc: Mr.Billy Pattarson,Allco,LLC
Ms.Molly Villareal,P.E.,City of Bea3xwx mt,Water Utilities
Mr.Jeffry G.Beaver,P.E.,Schaumburg&Polk Inc
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BID TABULATIDN
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
PROPOSED WASTEWATER TREATMENT PLANT]IMPROVEMENTS
RAR SCREEN REPLACEMENT&DIGESTER REHADILITAT11ON
RID OPMgNG DATE:THURSDAY JUNE 16 2911
Alm
ev Brpw Cmha4laa 3tii GraaP.lae
P)20 om pos s g3MCSa0"Rood 121314"Durham DAre
Item Qty tbdt ��, PaaglBes tra 3M4 _Bommakk Tom TM 8waa16 Tma 77M1
Bmamm4 41RAll 707 ,�,K1A71i p 46p t"I f 7UJQMM p 713Jf>rW7 f
4M.Maw»�af.Ma3as7 r
Unit Price Item ToW Unk Prim ]tun TOW Prim Berm Tout
10. 1 Ls mud Dlrpma of will Qk'asd gdhb Bums adsdng 4WWAr rcis,tm m
R 000 CY ofDry0ewdwed materials,omtplele m pb cc,includi g all
umping,prow n wmdwg and ptepuatim of mb for peoposad Baer Jas 5143,639.00 $143,639.00 S120,000.00 5120,000.00 5160,000.00 5160,000.0 Lbor equ Warns,ra-6 k,dexMainE
pi--on ousting drying for
II. 1 1S of all asidlag AanNaa FgatPment lane mteriar of both tttAb,iacstding
piping and ddfisas, bmdob and faakaua all labor,untvida, egtkm x,all S14,111.00 114,124.00 520,000.00 $20.000.00 510,000.00 stowo.00
for
12. 1,120 sY gYr . a" PAesd esmrde 1Ma,e®erN aubiliaed batik,and wouthig
vA&pi ki plow beds aoit,itelydisg all labor,nwkwiW%aquipment a0 in $104.45 $116,934.00 595.00 Si 06,400.00 $180.00 5201,600.00
and wed4pom Ox
13. 1 1 IS SAMM eaI" - Air Piping into.644 units, Wd i ft a6 praposW
mcbers,f WAV ad and 0cmu k oomom ot plem all labor ad egaip nut d it $12,924.00 $12,924.00 552,000.00 $52100.00 #0,000.00 520,000.
—ORknm "Am and far
I4, 300 LF Sup se 4"35 Air Whit Wan Raadars,M ragaieai,iodudtog all kbar and mmerimb
d it aoeaodvtm $8330 f2S 60
5 .00 $170.00 $31,000.00 $110.00 533,000.00
15. S30 EA Finadb and LuiN Dad DOW 86 Fast 8 111 DHhmtm 1186 sib,WdUdM9 all 5308.30 5163,305.00 5300.00 5159,000.00 3260.00 5137,800.00
WIN and Momisk WIRL ag in aornvdmce With
16. 1 IS mwmfy wrong 9 kieb mode OYmdmwY thwk aaay., in plate M&Kolk
W $4,415.00 S4,4I5.00 512,000.00 $12,000.00 SS,000.OD SS,OOD.
17. 1 IS Fnadab W hOW g IWO&*.w den D.M hoes,aampak i pica book
a6 nail^wag poodi01d'fib'csmscam to-W"S-060'5':q $17,963.00 $17,963.00 528,000.00 $28,000.00 515,000.00 $15,000.
and maraink,atcavarmw,bw M,ad swhm nuomatiao,d is aocwdmm will
Rd awdkdi@M glr,
I8. 1 Ls a"in"I a laesBanom 111004 sompkte Y plow ba0=106 ineiuds ll
WORPMA3'per.hOdMk PROMIR,Poe mPPertS, b0cm,aed-%, $14,439.00 $14,439.00 $4000.00 $22,000.00 $13,000.00 $15,000.
1111114111101.IN to 4000111111M wa*0 4"Nwdomm 1st
19. 4 EA Fatrakl ad faam9 Vendkdn Fan at Vbww bWMkw m=0m In pbo
inchd'mg aE fltM owds,wag Chats.drtpms wool ponotrdiont6 electrical amt controk $2,86925 311,477.00 $5,000.00 $20.000.00 $1,2M.00 $4,100.
dl In amotdones w%t phas and spocifiadium for
20. 2 EA FMmM and Iadl B hr3 89 TdewWk valves,aatpteie k ph=ball
iadudiag had opsawt bmot�,fitti M labor ad atnrd"all i amndaroe wilt $7,910.50 $15,821.00 521,000.00 542,000.00 $10,000.00 $20,000.
and
21. 2 EA IIDFWkmm amt iak6 12`dndk ku dram Ike i bafb adk,itesdiq V filtinA .$9,835.00 $19,670.00 512,000.00 $24,000.00 1 S10.00D.00 S2Q000.
vdvft
wag all In wcwdmw wM plaw owl
dfBid Tbdrdm,d.Bid Tabuto m
6na201 l 3:3o PM Page 2 of4
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BID TABULATION
CITY OF BEAUMONT
AMMON COUNTY,TEXAS
PROPONM WASTEWATER TREATMENT PLANTIMPROVlMENTS
BAR SCYALEN REPLACEMENT&DIGESTER REHABILITAMOM
BID DA :TI UMDAY RIME 16,2011
67M dk Shoes Ca4weaq Rib Grew,lee
bus Q4' U� Dncialtim ltie,e f s.a 3At bmiwd Rai 12W NwA Dwhm Drive
1•eavwrt,Tear Tfltt l.Tess 7rm Banton,Te TNO
48lJN.M6l waKim r [4:019AafM p 4ml4LWi f 7L%SU s89s p 713AUjw r
I Toad Unit prise Ben Total
22. I LS iarahi ad bob@ pmme rdd va1v k ad 12^bow a aMtYg shhlad
bONW,colnPlds ill 016M alt skmihm Aml pipe;Vdvek fnt olP,hear and $11,425.00 $11,425.00 $16,000.00 SK000.00 $10,000.00 510,000.
au in acoudna wbb far.
23. 1 Allow . Coakuctioe Omdkmtim lbr Dipsler foam Cantrd and m $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.
dti Owaor.
BASS BID 1TBMS TRRU St 580 4D 80 a
Dbmwmq bdsvaa wrksr words mud oambem Weeds dedl{evert.
ornom 1 l LS nor(2) hew OWN= VUBN1IMD Skwm Sled bkmm
1aNaOiet nail "bar aawna aw6dmg an pteaph%
eels far ooestrrasmk MW mWrmb. dt bkW eonArim and omdean 525,000.00 525.000.00 $86,000.00 $86,000.00 $40,000.00 $40.000.
"m of didwW work arcs a8 in strict sowrdrra with the phke
DMON 2 1 LS two M hew OVINU p11R EMM C� Smd [ousts Dab
w4du deg bar arena inchdhg apperknmoes,requked puneping
for CamVtardoa, Mm. mabulW,deco" omduim and coerYnmts $25,000.00 $25,000.00 586,000.00 $86000.00 $40,000.00 540,000.
Of dishebed work arch a0 in Shia aoc nbmc wish dre phas
cat Ar
3 1 LS fora (2) hew OlVAM pURNNMOD Depaaa ne&snkW bar
OPorttomaM ruNited PamPi•6 ofraeaeds far ooesrtrrction,labor.
coniuih red cotrduclors and tamatioa of disterbed work uses sR in skim $25,000.00 525,000.00 $86,000.00 $86,000.00 $40,000.00 $40,000.00
aWNOA x TM do pLm and apeeifiedioos for,
ADD 1 1 LS B=wW A 1abr,naYrW ad a8dpanant`remove had re*m Ye edm ag
t4a1v4yar q- aoopaew and pipio8, mtdog a new pettbealed bek conveyorl
srmem iodadhg ooWd panel,Abfimled SS Gip per,4"PVC dmie Vi
to aomu platform,enbrgiog waU apeoiag to row additisaal rJartloe Ar caevaYa hk I $142,000,00 $142,000.00 $160,000.00 $180,000.00 $140,000.00 $140,000.
So r4mopsiale of work ruw,dsattial ooadtrita red eoedudors,a8 n stria toeeedelca '
pbm and spadficodms for,
dl'Jaid Tab6bov-,dWW Tdwbtioo
4162011 339 rm Age 3 of4
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
IMPOSED WASTEWATER TREATMENT PLANT 04MOVEMENTS
BAR SCREEN REPLACEMENT do DIGESTER REHABHdTATION
BID OPENING DATE: THURSDAY JUNE 16,2911
Agee
m1M CaPege tilrast Dryst-Carwaabe Mo Grmap,lsr.
item RM fammied Road 1314 Nermb Dwb m Drim
Qq Unit D ;a Pwmmad.T xam 77
Bewrmar.Trim 77747 Dmawar,Tams 777P4 Hommm,Tom 77016
09.bf6M49 p 409.af0967 f 489d4L47M p M9ACL6"l f 714Jf161N p 70.89-511117f
i7ab Price bear T Tohl Unit Rice Toot
ADD2 I LS Fit a9 labor mareMb W eafaOmM b,em- ua�bpyek
t•meba m bmw aeroea at ae bigk Dow pmap mark%including W doctrinal
m.temsvd dad egdaeasenl�tbe Satee arclmorc,gating repsoamem,
'.Pte' '�asmaobty iadadirb mM atra4 gaaids $920,000.00 9320,000.00 $350,000.00 935o,0o0.00 $350,000.00 9330,000.00
wlak drive bait WO wdr tight aebr esdown,amdbbasdng the
Pend.nP4oirrg tin SOP a lmort ad pmvuws now*mrk mad ae muh
her in an:saict aocatlma with As and
ADD 3 1 LS bkw m dm%b and a4Wpast b RELOCATE am M Eab ng 1
str..wbr b tin blgh Saw pubp sbdm hrdudmg ranornl of
1Malah how mdbmm P�VmtioL saemimp taw, $35,000.00 $35,000.00 U5,000.00 985,000.00 $95,000.00 $95.000.
all•learicol ad comtrolm.ooepkle in pbce,all in stria a000rdwace
for.
ADD 4 1,000 CY of 0 Grit and 9@166 Sou arislisg dilater amity. qd-
Mftbk cv of ASalDaw sunaa @sue 06.CINW10te is Pboe,htdadeg OR lahar, sn zs sz7 250.00 52200 $22,000.00 $27.00 rz7,000.dm+�tliiror,1311 t m—sting dayeag
beds,all in swwAwwe wir
ADD 5 2 EA W bud!dN new S9 Air PWN!1x edimtirB Digrber vm%pries PER
t 16-d op mad hemcr, 12" headw, arrd 4• dim liars,dala proposed dual had dlm.er aum6liw,inclaft an prag , • $82,100.00 $164,200.00 $120,000.00 $240,000.00
$16o,o00.00 9320,000.00
aM�b&ON—.SWPer14 MINIM ft W,oaratieb m place, sit labor
ap in wluh do and hr.
ADD 6 t LS Pamnfbb 0011ltrdsl prmpeam 42"pier b h e d Bypass IJaq compute as plum
T-
4*1106g P °; ftlads. Iad ms vdv boot.
y so : vadon bodds ng Gdd8 —p en tau%v mOc 5 .000.00 Swoo0.00 94000000 5480,000.00 $510,000 $510,000.
Y84 YM
WARad YES YM Ya
Bid YES
- YES
YES YIN
YES YB5 YE4
The Md Prwpmab sabod ei bm bom atl b Ike bit m9 Is an aeowa m ftbdm mw of fin Bbis recd ad.
ia?7L//J/
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4r9i6 Tandm.-.b8.d Tmbulaem
fin&ml l 3i9 PM Page 4 of4
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CITY OF BEAUMONT
SCHEDULE OF MIRE PARTICIPATION
ALLOD- _
NAME
CERTIFIED MBE ADDRESS TYPE OF KVRK AGREED PRICE
CONTRACTOR
ALL AMERICAN CD3HTIEUX'IM
.4 FOAM= TEXAS SOPPGffi2 $139,125.00
The undersigned will enter-Into a formal agreamentwith MBE Contractors for work listed in this schedule conditioned upon execution of a
contract with the City of Beaumont
NOTE: 1. This schedule should be submitted vvtJt Id.
ft
COQ( ���� SIGNATUR � +
TITLE Q r r5,,de nJy
Lr a
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Allco,
LLC, Beaumont, Texas, in the amount of$2,920,815.00 for the Wastewater Treatment
Plant-Bar Screen Replacement, and Digester Rehabilitation Project to furnish all labor,
materials, and equipment to remove and replace the existing bar screen mechanisms and
rehabilitate the existing digester aeration system.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -
5
August 9,2011
Consider authorizing the City Manager to execute a Professional Services Agreement with Mark
Whiteley and Associates, Inc. for engineering services for the South Park Relief Drainage
Project
RICH WITH OPPORTUNITY
BEAUMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Professional Services Agreement with Mark Whiteley and
Associates, Inc. for engineering services for the South Park
Relief Drainage Project.
RECOMMENDATION
Administration recommends approval of an agreement with Mark Whiteley and Associates,Inc.
in the amount of$807,029.
BACKGROUND
The City applied for Hurricane Ike disaster recovery funds from the U. S. Department of Housing
and Urban Development's Community Development Block Grant disaster recovery program.
Funds in the amount of$11,339,400 have been awarded for drainage improvements in the South
Park area.
Requests for Proposals were received on June 23, 2011 for engineering services to design the
project. Seven proposals were evaluated by staff members, Brenda Beadle, Capital Projects
Manager, Chris Boone, Community Development Director, and Dr. Joseph Majdalani, P.E.,
Senior Design Engineer. The staff evaluations were reviewed by the Public Works Director.
Criteria used in the evaluation of the proposals included company experience with comparable
projects,knowledge of local drainage and environmental issues and the company's technical
approach.
The committee met and reviewed the proposals ranking Mark Whiteley and Associates, Inc. of
Beaumont with the highest score. Their extensive experience with this project is demonstrated
by a preliminary design report completed in 1992 for the South Park area when the City
authorized a comprehensive study of drainage throughout the city. Mark Whiteley and
Associates, Inc. was responsible for developing the report to relieve flooding in the South Park
area.
Professional Engineering Services
August 9, 2011
Page 2
Mark Whiteley Associates, Inc. plans to subcontract 20%of the project to state approved HUB
companies for surveying and environmental testing.
Design will commence immediately to insure that it is completed by May 2012.
BUDGETARY IMPACT
Funds for this project are provided by the U. S. Department of Housing and Urban
Development's Community Development Block Grant disaster recovery program. Engineering
fees are included in the total grant award. The project is funded 100%by the grant,however the
City is responsible for any costs exceeding the amount awarded.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Mark
Whiteley and Associates, Inc. for engineering services for the South Park Relief Drainage
Project. The contract is substantially in the form attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -
ENGINEERING SERVICES CONTRACT
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF BEAUMONT
CONTRACT FOR
SOUTH PARK NEIGHBORHOOD DRAINAGE IMPROVEMENTS
PER
CONTRACT NO DRS210012 FOR CDBG DISASTER RECOVERY
ENTITILEMENT GRANT PROGRAM
SECTION 1
This Agreement made and entered into in Beaumont,Jefferson County,Texas between the
City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City", and
Mark Whiteley and Associates,Inc. duly licensed,and practicing under the laws of the State of
Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the
City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for
Engineering Services hereinafter set forth in connection with the above designated Project for the
City of Beaumont.
The City is awarding this contract in accordance with the State of Texas Government Code
2254, Professional and Consulting Services.
I. General
A. Detailed Project Description
The City of Beaumont will reconstruct the drainage system of a portion of the
South Park neighborhood as further defined in Attachment "A", Scope of
Services.
B. The Engineer shall not commence work on this proposed Project until he has been
notified in writing to proceed.
The Engineer,in consideration for the compensation herein provided,shall render all
professional services necessary for the development of the Project to completion,as
provided in this Agreement.
1
EXHIBIT "A"
II. Basic Services
The Engineer shall perform the following basic services under this Contract in three (3)
phases, namely, Preliminary Design Phase, Final Design Phase, and Bidding Phase as
described in Attachment"A", Project Description and Scope of Work.
A. The Engineer shall:
1. Meet with City officials to determine the City's requirements for the Project.
2. Verify field survey, field investigation and measurements provided by the
City.
3. Performing geotechnical investigations to characterize local soil conditions at
selected locations.
4. Develop and prepare detailed plans,specifications,and contract documents for
the construction of said Project. Furnish a cost estimate based on the plans
and supporting contract documents for the proposed construction.
5. Furnish the City with three(3)copies of final plans and supporting documents
and one(1) set of reproducible originals.
6. Furnish any additional information as may be listed in the Project description
(Attachment A).
7. Meet with City staff to discuss any proposed adjustments.
III. Additional Services
All work that will be performed by the Engineer at the request of the City that is described in
this paragraph and not included in the paragraphs above shall constitute Additional Services.
Additional Services shall include,but are not limited to the following:
A. Services required by the City in any litigation or other controversy as an expert
witness, including actual testimony time, stand-by waiting time, preparation of
engineering data and reports or depositions and consulting with the City or its
attorney.
B. Preparation of any special reports, applications for permits or grants and
appearances before any regulatory agencies or public hearings not included in
Section II.A.6.
C. Any revisions of previously approved work.
2
D. Any travel and subsistence to points other than Engineer's or City's Offices and
Project site.
E. Preparation of exhibits.
F. Additional services due to significant changes in scope of the Project or its design
including but not limited to changes in size, complexity, or character of
construction as agreed to by both parties.
G. Services required and approved by the City during the construction phase of the
project.
H. Providing services after issuance of Letter of Acceptance from the City.
IV. Coordination
A. The Engineer shall hold monthly conferences with the Director of Public Works or his
representatives to the end that the Project as developed shall have the full benefit of
the City's experience and knowledge of existing needs and facilities, and be
consistent with its current policies and standards. To assist the Engineer in this
coordination, the City shall make available for the Engineer's use in planning and
designing the Project all existing plans,maps,field notes,statistics,computations,and
other data in its possession relative to existing facilities and to this particular Project,
at no cost to the Engineer. However, any and all such information shall remain the
property of the City and shall be returned if instructed to do so by the Director of
Public Works.
B. The Director of Public Works will act on behalf of the City with respect to the work to
be performed under this Agreement. He shall have complete authority to transmit
instructions,receive information,interpret and define the City's policies and decisions
with respect to materials, equipment, elements and systems pertinent to Engineer's
services.
C. The City will give prompt written notice to the Engineer whenever the City observes
or otherwise becomes aware of any defect in the Engineer's services or any
development that affects the scope or timing of Engineer's services.
D. The City shall furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as may be
determined to be necessary by the City for the completion of the Project. The
Engineer will provide the City reasonable assistance in connection with such
approvals and permits such as furnishing of data compiled by the Engineer pursuant to
other provisions of the contract,but shall not be obligated to develop additional data,
prepare extensive reports or appear at hearings or the like unless compensated
therefore under other provisions on this contract.
E. The Engineer shall promptly report, in writing, to the City any development that
would affect the scope or timing of the Project.
3
V. Fee Schedule
A. General
For and in consideration of the services to be rendered by the Engineer in this
Agreement, the City shall pay and the Engineer shall receive the compensation
hereinafter set forth for the Engineer's services described in Sections II, III,and IV.
B. Engineering Services
The basis of compensation for Engineering Services including Additional Services
shall be a lump sum as noted in attachment `B". The basic fee shall not exceed
$807,029.
VI. City Payments
A. Payments shall be made to the Engineer based on the several phases as described
above and in accordance with the following:
1. Ninety-five percent(95%)of the amount due the Engineer for work performed
in each phase shall be payable on a monthly basis.
2. The remaining five percent (5%) shall be paid at the completion of each
phase.
B. Payment shall be made within thirty (30) days after submittal of the request for
payment for work performed. Payment shall be considered past due forty-five (45)
days after submittal.
C. A past due charge of 1.0 percent per month will be added to all statements past due
for more than forty-five(45)days.
D. The City reserves the right to make an audit of charges claimed for this contract for
services.
VII. Revisions to Drawings and Specifications
The Engineer shall make,without additional expense to the City over and above the basic fee,
such revisions to the Final Phase as may be required to meet the needs of the City. After
approval of the Final Phase by the City,any revisions,additions,or other modifications made
at the City's request that involves extra services and expenses to the Engineer shall be subject
to additional compensation to the Engineer for such extra services and expenses.
VIII. Ownership of Documents
All documents including the original drawings,estimates,specifications,field notes and data,
will remain the property of the Engineer as instruments of service. However, it is to be
4
understood that the City shall have free access to all such information with the right to make
and retain copies of drawings and all other documents including field notes and data. Any
reuse without specific written verification or adaptation by Engineer will be at City's sole risk
and without liability or legal exposure to Engineer.
IX. Termination
Either party to this Agreement may terminate the Agreement by giving the other thirty(30)
days notice in writing and in accordance with the following procedure:
A. Upon delivery of such notice by either party to the party, and upon expiration of the
thirty day period, the Engineer shall discontinue all services in connection with the
performance this Agreement and shall proceed to cancel promptly all existing orders
and contracts insofar as such others or contracts are chargeable to this Agreement. As
soon as practicable after receipt of notice of termination,the Engineer shall submit a
statement,showing in detail the services performed under this Agreement to the date
of termination. The Owner shall then pay the Engineer promptly that proportion of
the prescribed charges which the service actually performed under this Agreement
that is applicable and useable of this Project, less such payments on account of the
charges as have been previously made. Copies of specifications prepared under this
Agreement shall be delivered to the City when and if this Agreement is terminated,
but subject to the restrictions, as to their use, as set forth in Section VIII.
B. Failure by the Engineer to comply with the submittal of the statement,and documents
as required above shall constitute a waiver by the Engineer of any and all rights or
claims to collect any monies that the Engineer may rightfully be entitled to for
services performed under this Agreement.
X. Engineer's Warranty
The Engineer warrants that he has not employed or retained any company or person other
than a bona fide employee working solely for the Engineer to solicit or secure this Contract,
and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay
any company or person,other than a bona fide employee working solely for the Engineer,any
fee,commission,percentage,brokerage fee,gift,or any other consideration,contingent upon
or resulting from the award or making of this contract.
XI. Equal Employment Opportunity
The Engineer agrees to follow the City's Minority Business Enterprise Policy.
XII. Assignment or Transfer of Interest
The Engineer shall not assign or transfer its interest in the Contract without the written
consent of the City.
5
XIII. INDEMNIFICATION/LL42ILITY
THE ENGINEER SHALL SAVE HARMLESS THE CITY FROM ALL CLAIMS AND
LIABILITY DUE TO ACTIVITIES OF HIMSELF, HIS AGENTS, OR EMPLOYEES,
PERFORMED UNDER THIS CONTRACT AND WHICH RESULT FROM AN ERROR,
OMISSION, OR NEGLIGENT ACT OF THE ENGINEER OR OF ANY PERSON
EMPLOYED BY THE ENGINEER. THE ENGINEER SHALL ALSO SAVE HARMLESS
THE CITY FROM ANY AND ALL EXPENSES,INCLUDING ATTORNEY FEES WHICH
MIGHT BE INCURRED BY THE CITY IN LITIGATION OR OTHERWISE RESISTING
SAID CLAIM OR LIABILITIES WHICH MIGHT BE IMPOSED ON THE CITY AS
RESULT OF SUCH ACTIVITIES BY THE ENGINEER,HIS AGENTS,OR EMPLOYEES.
The Engineer shall,within one week after signing the contract and before any work shall start,
furnish the City with certificates of insurance naming the City as additional insured
satisfactory to the City indicating the existence of Statutory Workmen's Compensation
Insurance,and comprehensive General Liability Insurance and Professional Liability. Such
insurance shall be at the Engineer's expense. The limits shall be as follows:
Comprehensive General Liability and Auto Liability Insurance shall not be less than
$250,000.00 per incident/$500,000.00 per occurrence.
These certificates shall contain a provision that the City shall be notified thirty (30) days
before cancellation of the insurance. The Engineer shall maintain such insurance in force
during the life of the contract and no modification or change of insurance carriage and
provision shall be made without thirty(30) days written advance notice to the City.
XIV. Estimates of Cost
Since the Engineer has no control over the cost of labor,materials or equipment or over the
contractor's methods of determining prices,or over competitive bidding or market conditions,
his opinions of probable Project Cost or Construction Cost provided for herein are to be made
on the basis of this experience and qualifications and represent his best judgment as a design
professional familiar with the construction industry but the Engineer cannot and does not
guarantee that proposals,bids or the construction cost will not vary from opinions of probable
cost prepared by him.
XV. Interest in City Contracts Prohibited
No officer or employee of the City shall have a financial interest, direct or indirect, in any
Contract with the City,or shall be financially interested,directly or indirectly,in the sale to
the City of any land,materials,supplies or service,except on behalf of the City as an officer
or employee.
XVI. Federal Requirements
A. Agency Concurrence. Signature of a duly authorized representative of Agency in the
space provided on the signature page hereof does not constitute a commitment to
6
provide financial assistance or payments hereunder but does signify that this
Agreement conforms to Agency's applicable requirements.
B. Audit and Access to Records. For all negotiated contracts and negotiated
modifications (except those of$10,000 or less), Owner, Agency, the Comptroller
General, or any of their duly authorized representatives, shall have access to any
books, documents, papers, and records of the Engineer which are pertinent to the
Agreement, for the purpose of making audits, examinations, excerpts, and
transcriptions. Engineer shall maintain all required records for three years after final
payment is made and all other pending matters are closed.
C. Restrictions on Lobbying. Engineer and each Consultant shall comply with
Restrictions on Lobbying (Public Law 101-121, Section 319) as supplemented by
applicable Agency regulations. This Law applies to the recipients of contracts and
subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds
$150,000 or a Federal grant that exceeds $100,000. If applicable, Engineer must
complete a certification form on lobbying activities related to a specific Federal loan.
or grant that is a funding source for the Agreement. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract,grant,or any other award covered by
31 USC 1352. Each tier shall disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Certification and disclosures
are forwarded from tier to tier up to the Owner. Necessary certification and disclosure
forms shall be provided by Owner.
D. Suspension and Debarment. Engineer certifies, by signing this Agreement, that
neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. Engineer will not contract with any
Consultant for this project if it or its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency. Necessary
certification forms shall be provided by the Owner.
XVII. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and
Engineer and supersedes all prior negotiation,representatives,or agreements,either oral or
written. This Agreement may be amended only by written instrument signed by both the City
and Engineer.
7
SECTION 2
IN WITNESS WHEREOF,the City of Beaumont has lawfully caused these presents to be
executed by the hand of the City Manager of said City, and the corporate seal of said City to be
hereunto affixed and this instrument to be attested by the City Clerk,and the said Engineer,acting
by the hand of Mark Whitely, P.E. thereunto authorized President, does now sign, execute and
deliver this document.
Done at Beaumont,Texas, on this day of , A.D. 2011.
Attest: Mark Whitely and Associates,Inc.
By
Title
Attest: CITY OF BEAUMONT
By
City Manager
ATTACHMENT A
SCOPE OF SERVICES
The South Park drainage area is located in the Southeast portion of the City of Beaumont and is
composed of three major sub areas: Moore Street, South Park, and Threadneedle watersheds.
The project will install additional storm sewer boxes and pipes and connect them to the existing
system. These interconnects will allow for the re-direction of flow to the Neches River and
relieve the current outfall, and allow for the interconnect of the three main sub areas. The
existing asphalt roads and ditches will be reconstructed to a concrete road with curb and gutter,
including a new storm sewer system. The existing roadway, approximately twenty feet(20')
wide, will be widened to approximately twenty-seven feet(27').
The City shall install a new storm sewer system, including concrete box culverts at major road
crossings,headwalls, storm sewer pipe,manholes, inlets, adjust manholes and inlets, cement
stabilized backfill, and perform excavation. Roadway items include dense graded hot mix
asphalt for roadway transitions, concrete paving six inches in depth with curb and gutter, cement
stabilized backfill, driveways (repair), sidewalks,removing stabilized base and asphalt, signing,
and pavement markings. Other miscellaneous items include preparing right of way,removing
concrete and concrete structures, sodding for erosion control, excavation for structures, railroad
crossing repair, and performing site work associated with construction. Construction shall take
place in southeast Beaumont(South Park Drainage Area),including the following roadway
corridors:
ROAD: FROM: TO:
Kenneth Avenue Threadneedle Street Brockman Street
Brockman Street Kenneth Avenue Reed Street
Reed Street East Threadneedle Street East Lavaca Street
Grandberry Street East Lavaca Street East Woodrow Street
Adams Street Reed Street MLK Parkway
MLK Parkway Villiva Lane East Lavaca Street
East Lavaca Street MLK Parkway Neches River
East Woodrow Street Sullivan Street Maddox Street
Maddox Street East Woodrow Street East Virginia Street
East Virginia Street Highland Avenue University Drive
Construction of the culvert crossing will take place at Spur 380 (MLK Parkway)north of Lavaca
Street, and at the railroad crossing.
The engineer shall perform the following basic services under this contract in three (3)phases,
namely, Preliminary Design Phase, Final Design Phase and Bidding Phase, as described below.
Preliminary Design Phase
During the Preliminary Design Phase of the project the Engineer shall:
• Participate in a kickoff meeting with the City to verify City's requirements for the
project, review available data, and establish the design criteria.
• Perform geotechnical and survey work as required.
• Review information gathered during the survey including topographic data, elevations
and locations of structures and utilities and other features relevant to the final plan sheets.
• If requested by the City, prepare and present the planned improvements at a City
sponsored public meeting.
Final Design Phase
After written authorization to proceed with the Final Design Phase, the Engineer shall:
• Prepare detailed Plans and Specifications for construction of the improvements as
outlined in the approved Preliminary Design Documents.
• Prepare Contract Documents incorporating City of Beaumont Standard Specifications.
Contract Documents will include contract agreement forms, General Conditions and
Supplementary Conditions, invitations to bid and instructions to bidders, and itemized
bid proposal forms. Any additive and/or alternate bid items for construction will be
incorporated in the bid proposal forms, if applicable.
• Furnish the City a revised opinion of probable construction costs based on the Plans and
specifications.
• Provide Plans and Specifications and Contract Documents to City and review in person
with City staff.
Bidding Phase
After written authorization to proceed with the Bidding Phase,the Engineer shall:
• Assist the City in advertising for and obtaining bids for construction. The cost of
newspaper notices will be paid for by the City.
• Conduct a pre-bid conference with prospective bidders.
• Issue addenda as appropriate to interpret, clarify, or expand the bidding documents.
• Consult with the City to determine the acceptability of substitute materials and equipment
proposed by Contractor(s) when substitution prior to the award of contracts is allowed by
the bidding documents.
• Attend the bid opening, assist the City in reviewing the bids received, prepare bid table,
and make a recommendation to the City.
ATTACHMENT B
Attachment B to the agreement between Mark Whiteley and Associates, Inc. ("ENGINEER"),
and City of Beaumont("CITY"), for a project generally described as:
SOUTHPARK NEIGHBORHOOD DRAINAGE IMPROVEMENTS
CDBG DISASTER RECOVERY ENTITILEMENT GRANT PROGRAM
CONTRACT NO.DRS210012
The cost ceiling for each phase shall be as indicated
below and shall not be exceeded without prior
written authorization by the CITY.
Preliminary Design Phase Total $242,109
Final Design Phase Total $484,217
Bidding Phase Total 80,703
ENGINEERING SERVICES FEE $ 42222
This attachment B supersedes all prior written or oral understandings of the Compensation and
may only be changed by a written amendment executed by both parties.
6
August 9,2011
Consider approving Change Order No. 2 for the Event Center Paving and Drainage
Improvements Project
RICH WITS OPPORTUNITY
BEAUfRAO,
fi N* City Council Agenda Item
T • E • % • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: August 9, 2011
REQUESTED ACTION: Council consider a resolution authorizing approval of
Change Order No. 2 for the Event Center Paving and
Drainage Improvements.
RECOMMENDATION
The Administration recommends approval of increasing the project amount by$87,556.40. The
proposed changes to the contract will furnish and install 200 linear feet of 2-2-1/2" PVC
Electrical Conduits, 1350 linear feet of 3" PVC Fiber Optic Conduit, 108 linear feet of 8" PVC
pipe with 2-24"x24" grate inlets to receive roof drain discharge from building, 160 linear feet of
10" HDPE pipe with down spout drain connectors for the future Children's Museum, 230 linear
feet of 4" PVC Electrical Conduits, and increases the contract time by 30 calendar days. The
additional days increase the total contract time to 393 calendar days. The proposed extra work
will represent an increase of 2.28%to the original contract amount.
BACKGROUND
Previous actions include Resolution No.10-174 in the amount of$3,844,851.18,passed by Council
on June 29, 2010, awarding the contract to CF Jordan Construction, L.L.C., for the Event Center
Area Paving and Drainage Improvement Project.
Change Order No. 1,Resolution No. 10-304, in the amount of$156,279.43,passed by Council on
November 16, 2010, for cost associated with installing a fire hydrant assembly, installing 12 inch
PVC,tapping sleeve and valve and for barricades, signs and traffic control.
BUDGETARYIMPACT
Funds are available in the Capital Program.
CITY OF BEAUMONT
DATE: 19 JULY 2011
PROJECT: EVENT CENTER AREA PAVING AND DRAINAGE IMPROVEMENTS
OWNER: CITY OF BEAUMONT
CONTRACTOR: CF JORDAN CONSTRUCTION,LJ..C.
CHANGE ORDER NO.:02
Add Construction Items and/or gusuddes to the Contract:
Item Its
No. Code - Description Unit dq Q�an t)' � Amount
DRAWAGE AND PAVING
INSTALL LIE"r 200 W WC CONDUIT FOR RMLR07 RFFEED
460 001 TOX000 JEFFERSON CORCROCKETT(COMP IN FL)ONCL LF 0 MA 935.02 s7,014.01
CLEAN UP)
4640 001 INSTALL 3^x1301 tF PVC SCHD 40 CONDUIT FOR FIB&{OPTIC (3733 (60,619.01
0 1330
WITH 5-OEM BOX(COMP.IN PL) .40
460 003 IN&LALL 8".101 LF WC W/2-24'.24-1 ORATE INLXM INCE.
CEM STAB&AND s m(COMP.W PL)0 CROCKt2T 8 NECHES 9,667.00
lINFrALLW.I60LFRDP9DRAlN&6^i 01 LF.6 EA DOWN
4640 SPOUTDRAWS0 EXIFT BLDG AT CROMITT COR NBCHES,
INCL.12^a Ir GRATE(COMP.IN PLXINCL FITTINGS!EX 0 1.00 (15,001.01 S15p09.00
RXICKREFTORATION)
INSTAL{.M PVC CONDUM5CRD 40XINCL 01 LF BCHD S0,
610 011 BENDS,ELBOWS,CGOKAMAPLUGSxcomrL,INPWCt) IS 0 230.01 122J0 S1,147A0
CROSSING JEFFERSON
ADD TOTAL AMOUNT $87,556A
ORIGINAL CONTRACT AMOUNT: 53,644,851.19
NET FROM PREVIOUS CHANGE ORDERS: :4,001,130.61
TOTAL AMOUNT OF THIS CHANCE ORDER: 587,556.40
PERCENT OF THIS CHANGE ORDER: 2.28
TOTAL PERCENT CHANCE ORDER TO DATE: 6.34%
NEW CONTRACT AMOUNT: $4,088,687.01
ACCEPTED BY,,
I&NNZTH COUSINS,CF JORDAN
CONSTRUCTION,LLC
APPROVED BY:
HASSAN SHOMALZADEH,P.E.
CHHiF ENGINEER
PATRIC DONART,P.E. KYLE MAYES,CITY MANAGER
PUBLIC WORKS DIRECTOR
ATTESTED BY:
TINA BROUSSARD,CITY CLERK
RESOLUTION NO.
WHEREAS, on June 29, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-174 awarding a contract in the amount of$3,844,851.18 to C.
F. Jordan Construction, L.L.C., for the Event Center Area Paving and Drainage
Improvements Project; and,
WHEREAS, Change Order No. 1 in the amount of$156,279.43 was required for the
installation of new water mains and appurtenances,thereby increasing the contract amount
to $4,001,130.61; and,
WHEREAS, Change Order No. 2 in the amount of$87,556.40 is required to add
Rem quantities to the contract, thereby increasing the contract amount to $4,088,687.01;
and,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 2 in the amount of $87,556.40, thereby increasing the contract amount to
$4,088,687.01.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
- Mayor Becky Ames -