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PACKET JUL 11 2017
BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 11, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — June 20, 2017 Confirmation of committee appointments A) Authorize the City Manager to approve a final payment to Marsh Waterproofing Inc., for the Tyrrell Historical Library Exterior Fagade, Masonry & Roof Repairs and Restoration Project located at 695 Pearl Street B) Authorize the City Manager to accept maintenance and authorize final payment for the Sanitary Sewer Lift Station Rehabilitation — Folsom Road, Major Drive, and San Anselmo Street Project C) Approve a two year contract with Capitol Appraisal Group, LLC, of Austin, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ) D) Authorize the City Manager to apply for and accept funding through Entergy's Open Grants Program E) Authorize the City Manager to execute a lease agreement with the Beaumont Art League F) Authorize the City Manager to execute an amendment to a Memorandum of Understanding with the Texas Attorney General's Office U BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Manager 14'�- MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to approve a final payment to Marsh Waterproofing Inc., for the Tyrrell Historical Library Exterior Fagade, Masonry & Roof Repairs and Restoration Project located at 695 Pearl Street. BACKGROUND On December 8, 2015, by Resolution No. 15-278, City Council awarded Marsh Waterproofing, Inc. of Vidor, Texas the contract for the Exterior Fagade, Masonry, Roof Repairs and Restoration on the Tyrrell Historical Library in the amount of $297,420.00. On May 10, 2016, by Resolution No. 16-085, City Council approved Change Order No. 1 in the amount of $90,000.00, to perform 100% tuck pointing of the masonry mortar joints in lieu of 5,000 lineal feet included in the original contract, thereby increasing the total contract amount to $387,420.00 On November 1, 2016, by Resolution No. 16-214, City Council approved Change Order No. 2 in the amount of $15,525.00, to make repairs necessary to replace rotten wood on the large stain glass window frame and casing located on the north side of the building; remove, re -align and install window stops at three exterior steel framed protective windows; and install two additional steel mullions to each window frame to facilitate the installation of the odd shaped glass panels, thereby increasing the total contract amount to $402,945.00. On March 10, 2017, the City Manager executed Change Order No. 3 to deduct $1,800.00 from the total contract amount for the reduction in the scope of work for the copper caps and stain glass repairs. The result of this Change Order is a credit of $1,800.00, thereby decreasing the total contract amount to $401,145.00. On March 21, 2017, by Resolution No. 17-048, City Council approved Change Order No. 4 in the amount of $20,245.75, to make necessary repairs to approximately 450 lineal feet of copper flashing and roofing felts located at the valleys on the upper stone locations behind the gable parapet walls to prevent water intrusion on the interior wall surfaces and causing damage to the plaster finishes, thereby increasing the total contract amount to $421,390.75. The Tyrrell Historical Library Exterior Fagade, Masonry & Roof Repairs and Restoration Project have been confirmed to be complete and in accordance with the contract documents. Approval of final payment to Marsh Waterproofing Inc. in the amount of $28,346.58 is recommended. FUNDING SOURCE Tyrrell Historical Trust Fund and Gas Royalties reserved within the Miscellaneous Expendable Trust Fund. RECOMMENDATION Approval of resolution. G702 APPLICATION and CERTIFICATE for PAYMENT To: City of Beaumont 801 Main ST Beaumont TX 777012 From: Marsh Waterproofing Inc. PO Box 968 Vidor TX 77670 Project: Exterior Facade, Masonry & Roof Repairs and Restoration Tyrrell Historical Library 695 Pearl ST Beaumont TX 77701 Contract For: Masonry Restoration Via Architect: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, G703, is attached. 1. ORIGINAL CONTRACT SUM 297,420.00 2. Net Change By Change Orders 123,970.75 3. CONTRACT SUM TO DATE 421,390.75 4. TOTAL COMPLETED AND STORED TO DATE 421,390.75 5. RETAINAGE.- a. ETAINAGE: a. 10% of Completed Work 0.00 b. 10% of Stored Material 0.00 TOTAL RETAINAGE 0.00 6. TOTAL EARNED LESS RETAINAGE 421,390.75 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 393,044.17 8. CURRENT PAYMENT DUE 28,346.58 9. BALANCE TO FINISH, INCLUDING RETAINAGE 0.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner 125,770.75 1,800.00 Total approval this Month 0.00 0.00 TOTALS 125,770.75 1,800.00 NET CHANGES by Change Order 1 123,970.75 Application No: 8 App. Date: June 15, 2017 Period to: June 1, 2017 Project No: Contract Date: Distribution to: ❑ OWNER ❑ CONSTRUCTION MGR. ❑ ARCHITECT ❑ CONTRACTOR ❑ OTHER The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRASCTT�& Marsh Waterproofing Inc. By: �XY11'? �—� Date: June 15. 2017 Tim Marsh-Secretary/Treasurer State of: Texas County of: Orange Subscribed and sworn before me this 15th day of June 2017 Tim Marsh-Secretary/Treasurer personally appeared ! public, and provided satisfactory evidence of Identifiic ti erson.w^� d ��Is document in my presence and swore or affirmed to t nts of tG .�p,ILL are truthful and' ccurate to the best of his/h rknowl a li MY omm ssio`n� �xpires r j� Augus125,,�01 a NotaryPubli : l 11,` y D ( 111 �� mission expires: 1S flit ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED S. (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) AR6�: 0WW e -L- By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CAUTION: You should use an original document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. TORGO SOFTWARE www TorgoSottware com 01996-2014 ALL RIGHTS RESERVED CONTINUATION SHEET 6703 PROJECT: Exterior Facade, Masonry & Roof Repairs and Marsh Waterproofing Inc. Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. Use Column I on Contracts where variable retainage for line items may apply. Application No: 8 Page 1 of 1 App. Date: June 15, 2017 Period to: June 1, 2017 Project No: A B C D E F G H I Item # Description of Work Schedule of Values Work Com leted Materials Stored & Used Prior + Current Total Completed and Stored To Date % Balance to Finish Retainage From Previous Application(s) This Period 1 P&P Bonds 4,420.00 4,420.00 0.00 4,420.00 100.00 0.00 0.00 2 Masonry Restoration - Base Bid 228,000.00 228,000.00 0.00 228,000.00 100.00 0.00 0.00 3 Alternate #1 - Windows 65,000.00 65,000.00 0.00 65,000.00 100.00 0.00 0.00 4 C/O #1-100% Tuckpointing 90,000.00 90,000.00 0.00 90,000.00 100.00 0.00 0.00 5 C/O #2 - Window Stop 3 Windows 15,525.00 15,525.00 0.00 15,525.00 100.00 0.00 0.00 6 C/O #3 -Copper Caps & Stained Glass -1,800.00 -1,800.00 0.00 -1,800.00 100.00 0.00 0.00 7 C/O #4 -Repair Copper Flashing & Roof 20,245.75 20,245.75 0.00 20,245.75 100.00 0.00 0.00 10 GRAND TOTAL: 1 421,390.751 421,390.75 0.00 421,390.751 100.001 0.001 0.00 A=Line Item Number B --Brief Item Description C=Total Value of Item D=Total of D and E From Previous Application(s) (If Any) E=Total Work Completed For This Application F=Materials Purchased and Stored for Project G=Total of All Work Completed and Materials Stored for Project H=Remaining Balance of Amount to Finish 1=Amount Withheld from G TORGO SOFTWARE www.TorgaSoflware.com 01996-2014 ALL RIGHTS RESERVED RESOLUTION NO. WHEREAS, on December 8, 2015, the City Council of the City of Beaumont, Texas, adopted Resolution No. 15-278 approving the award of a contract to Marsh Waterproofing, Inc., of Vidor, Texas, in the amount of $297,420.00 for the Tyrrell Historical Library Exterior Facade, Masonry, Roof Repairs and Restoration Project; and, WHEREAS, on May 10, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-085 approving Change Order No. 1, in the amount of $90,000.00, to perform 100% tuck pointing of the masonry mortar joints in lieu of 5,000 linear feet included in the original contract, thereby increasing the total contract amount to $387,420.00; and, WHEREAS, on November 1, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-214 approving Change Order No. 2, in the amount of $15,525.00, is required to make the repairs necessary to replace rotten wood on the large stain glass window frame and casing located on the north side of the building; to remove, re -align and install window stops at three exterior steel framed protective windows; and, to install two additional steel mullions to each window frame to facilitate the installation of odd shaped glass panels, thereby increasing the total contract amount to $402,945.00; and, WHEREAS, on March 10, 2017, the City Manager executed Change Order No. 3 in the amount of ($1,800.00) for the reduction in the scope of work for the copper caps and stain glass repairs, thereby decreasing the total contract amount to $401,145.00; and, WHEREAS, on March 21, 2017, the City Council of the City of Beaumont, Texas, adopted Change Order No. 4, in the amount of $20,245.75, to repair approximately 450 lineal feet of copper flashing and roofing felts located at the valleys on the upper stone locations behind the gable parapet walls to prevent water intrusion on the interior wall surfaces and causing damage to the plaster finishes, thereby increasing the total contract amount to $421,390.75; and, WHEREAS, the project has been inspected by the Facilities Maintenance Department and found to be complete in accordance with the provisions and terms set forth in the contract; 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 Tyrrell Historical Library Exterior Facade, Masonry, Roof Repairs and Restoration Project be and the same is hereby found to be complete in accordance with the terms of the contract and is accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $28,346.58 to Marsh Waterproofing, Inc., of Vidor, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - W BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director -74 MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment for the Sanitary Sewer Lift Station Rehabilitation — Folsom Road, Major Drive, and San Anselmo Street Project. BACKGROUND On July 26, 2016, by Resolution 16-132, City Council awarded BDS Construction, LLC dba MK Constructors of Vidor, Texas, a contract in the amount of $254,463.00. On March 17, 2017, the City Manager approved Change Order No. 1 in the amount of ($4,625.00) to furnish and install additional 2 -inch electrical conduit, install a 4 -inch diameter PVC vent stack, and install a bypass assembly at the San Anselmo Street lift station, and reduce the bid item quantities for Class I embedment and cement stabilized sand, making the new contract amount $249,838.00. The project has been inspected by Schaumburg & Polk, Inc., and Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance, and final payment in the amount of $12,491.90 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. 16-132 WHEREAS, bids were solicited for a contract to provide all labor, materials, equipment and supplies for the Sanitary Sewer Lift Station Rehabilitation -Folsom Road, Major Drive & San Anselmo Street Projects; and, WHEREAS, BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, submitted a bid in the amount of $254,463.00; and, WHEREAS, City Council is of the opinion that the bid submitted by BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, 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 bid submitted by BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, in the amount of $254,463.00 for a contract to provide all labor, materials, equipment and supplies for the Sanitary Sewer Lift Station Rehabilitation -Folsom Road, Major Drive & San Anselmo Street Projects be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2016. L4 or Becky Ames - 1�,' Jam`'_ June 15, 2017 Ms. Amalia Villarreal, P. E. Water Utilities Engineer City of Beaumont 1350 Langham Road Beaumont, Texas 77704 Re: City of Beaumont Sanitary Sewer Lift Station Rehabilitation Folsom Road, Major Drive & San Anselmo Street Project WU0616-01 Certificate of Completion Dear Ms. Villarreal, F m — --; SCHAUMBURG FOLK This letter is intended to serve as our written certification that the above referenced project has been completed, and to the best of our knowledge, the work has been constructed in accordance with the plans, specifications, and approved change orders. If you need any additional information, please call. Sincerely, SCHAUMBURG & POLK, INC. ��`��•' �s 610 ,............................. JEFFREY G. BEAVER Jeffrey G. eaver, P.E. �1 ;. 60676 .e, 10 �'�.'�crs•rEPti°•'C'1 °SSS....... E °4'1� 4�V cc: Mr. Mike Suire, Mk Constructors TCEQ Beaumont, Region 10 F:\BMT\1138 Folsom Major SanAnselmo LS\Contruction Docs\Closeout Docs\Molly COC.docx www.SPI-ENG.com MONTHLY ESTIMATE FOR CITY OF BEAUMONT JEFFERSON COUNTY Sanitary Sewer Lift Stations Rehabilitation - Folsom Road, Major Drive & San Anselmo Street ESTIMATE NO,: CALENDAR DAYS ALLOWED: 190 CALENDAR DAYS USED: 107 CALENDAR DAYS OVER: CONTRACT TIME BEGAN: September 12, 2016 Note: Contract amount revised per change order No. ' CERTIFCATE OF THE CONTRACTOR OR HIS DULY AUTHORIZED REPRESENTATIVE Tothe best of my knowledge and belief, I certify that all items, quantities and prices of work and material shown on the face of this estimate are correct; that all work has been performed and materials supplied in full accordance with the terms and conditions of the corresponding construction contractual documents between the OWNER AND CONTRACTOR, all changes authorized thereto; that the forgoing is a true and correct statement of the contract account Lip to and including the last day of the period covered by the estimate and that no part of the "AMOUNT DUE CONTRACTOR" has been I further certify that all just and lawful bills against the below named CONTRACTOR for labor, materials, and expendable equipment employed in the performance of said contract have been paid in full accordance with the contract requirements DATE: ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT INCLUDING CHANGE ORDERS TOTAL AMOUNT OF WORK DONE TO DATE TOTAL MATERIALS ON HAND TOTAL WORK AND MATERIALS LESS: RETAINAGE 5% PREVIOUS PAYMENTS TOTAL DEDUCTIONS AMOUNT DUE CONTRACTOR SUBMITTED BY: REVIEWED APPROVED BY: Mike Kelley for Michael Suire Project Manager NPMiE: TnLE BDS Contractor dba MK Constructors SCHAU URG & POLK, INC. CITY OF BEAUMONT, TEXAS , J } ^ l DATE: 5/2 4/17 _Y _ DATE: � /V / DATE: P.9. 1 d I $ 254,463.00 $ 249,838.00 — $ 249,838.00 — $ 237,346.10 r $ 12,491.90 Percent Complete 100.00% APPROVED BY; CITY OF BEAUMONT, TEXAS DATE: MONTHLY ESTIMATE FOR CITY OF BEAUMONT JEFFERSON COUNTY Sanitary Sewer Lift Stations Rehabilitation - Folsom Road, Major Drive & San Anselmo Street ESTIMATE NO: 6 DATE: May 3, 2017 CONTRACT QUANTITY THIS QUANTITY TO TOTAL COST TO 810 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ESTIMATE DATE DATE ------------- ................ ................. ........ ... . ....... ....... ....... ....... - ----- FOLSOM DRIVE IAT STATION ........... ... ..... ....... .. .......... ... 44. .......... ---------- ........... ....... ...... ... . . ........ . ........... ......... .......... .... .. .... .... 44A AF ---- - - --- -- - - - --- ------ - - - ---- .. ........... . 40, .. ........ ... ......... ... .......... . . . ................ .......... ............. MAJOR DR. LIFT STATION MONTHLY ESTIMATE FOR CITY OF BEAUMONT JEFFERSON COUNTY Sanitary Sewer Litt Stations Rehabilitation - Folsom Road, Major Drive & San Anselmo Street ESTIMATE NO: 6 DATE: May 3, 2017 14 add 2" conduit, vent stack and bypass assembly at Holiday St Is 1 LS $ 7,400.00 1 1 $ 7,400,00 19 deduct class 1 embedment -125 TON $ 45.00 -125 -125 $ (5,625.00) 20 deduct cement stabilized sand -200 TON $ 32.DD -200 -200 $ (6,40D,00 CHANGE ORDER SUBTOTAL S (4,625.00) CHANGE ORDER No. EXECUTED DATE Fega 2 Y 3 MONTHLY ESTIMATE FOR CITY OF BEAUMONT JEFFERSON COUNTY Sanitary Sewer LIR Stations Rehabilitation - Folsom Road, Major Drive & San Anselmo Street ESTIMATE NO: 6 DATE: May 3. 2017 Note: Peps 3 d 3 CHANCE ORDER TOTAL AMOUNT OF WORK PERFORMED TO DATE: $ 249.838.00 RESOLUTION NO. WHEREAS, on July 26, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-132 approving the award of a contract to BDS Constructors, LLC d/b/a/ MK Constructors, of Vidor, Texas, in the amount of $254,463.00 for the Sanitary Sewer Lift Station Rehabilitation -Folsom Road, Major Drive & San Anselmo Street Projects; and, WHEREAS, on March 17, 2017, the City Manager executed Change Order No. 1, in the amount of ($4,625.00), to furnish and install additional 2 -inch electrical conduit; install a 4 -inch diameter PVC vent stack; and, install a bypass assembly at the Anselmo Street lift station, thereby decreasing the total contract amount to $249,838.00; and, WHEREAS, the project has been inspected by Schaumburg & Polk, Inc. and Water Utilities and found to be complete in accordance with the provisions and terms set forth in the contract; 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 Sanitary Sewer Lift Station Rehabilitation -Folsom Road, Major Drive & San Anselmo Street Projects be and the same are hereby found to be complete in accordance with the terms of the contract and are accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $12,491.90 to BDS Constructors, LLC d/b/a/ MK Constructors, of Vidor, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution approving a two (2) year contract with Capitol Appraisal Group, LLC, of Austin, TX, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ). BACKGROUND Jefferson County Appraisal District (JCAD) contracts with Capitol Appraisal Group to appraise property values for all large commercial industries within Jefferson County. Those appraised values, which are outside the City limits, are posted on JCAD's website and are not included in the City's certified tax roll since the certified tax roll is only applicable to property within City limits. Each year, City staff must search JCAD's website to obtain the appraised value relating to property outside of the City's ETJ to compute the Payments In Lieu Of Taxes (PILOT) for the industries in which the City has an Industrial District Agreement (IDA) with. This is a very cumbersome task as there are hundreds of accounts related to the twenty plus IDA's with the City. Surrounding cities such as Port Arthur have contracted with Capitol Appraisal Group to ensure that they are capturing all accounts related to their IDA's and have discovered that they were not capturing all the industries nor the accounts which were subject to PILOT payments. The City is recommending a two (2) year contract with Capitol Appraisal Group to identify all industrial properties within the City's ETJ and their related accounts to ensure that all appraised property is properly billed for PILOT payments. The current contract price is $19,000 for the first year and $16,500 for the second year should the City not opt out of the contract. Bids were not requested for this service since Capitol Appraisal Group is already contracted by JCAD and has information already gathered for properties within the county, thus considered they would provide the best value for the City. A copy of the proposed contract is attached for your review. FUNDING SOURCE Funds are budgeted in the General Fund for FY 17. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Jefferson County Appraisal District (JCAD) contracts with Capitol Appraisal Group, LLC, of Austin, Texas, to appraise property values for all large commercial industries within Jefferson County; and, WHEREAS, those appraised values, which are outside the City limits of Beaumont, are posted on JCAD's website and are not included in the City Beaumont's certified tax roll since the certified tax roll is only applicable to property within City limits; and, WHEREAS, each year City staff must search JCAD's website to obtain the appraised value relating to property outside of the City's Extra Territorial Jurisdiction (ETJ) to compute the Payments in Lieu of Taxes (PILOT) for the industries in which the City has an Industrial District Agreement IDA) with; and, WHEREAS, the City is recommending a two (2) year contract with Capitol Appraisal Group, LLC, of Austin, Texas, to identify all industrial properties within the City's ETJ and their related accounts to ensure that all appraised property is properly billed for PILOT payments; and, WHEREAS, the City Council is of the opinion that a two (2) year Agreement for Professional Services between the City of Beaumont and Capitol Appraisal Group, LLC, of Austin, Texas, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ) is in the best interest of the citizens of Beaumont; 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 a two (2) year Agreement for Professional Services between the City of Beaumont and Capitol Appraisal Group, LLC, of Austin, Texas, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ). Said Agreement for Professional Services 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 11th day of July, 2017. - Mayor Becky Ames - AGREEMENT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement (the "Agreement) is made this day of , 2017, by and between CITY OF Beaumont , hereinafter referred to as the "City", and CAPITOL APPRAISAL GROUP, LLC, of Austin, Travis County, Texas, hereinafter referred to as the "Contractor" (collectively referred to as the 'Parties" or singularly a "Party"), acting by and through their respective representatives. General Recitals 1. It has been represented by the Contractor and determined by the City that Contractor is skilled and qualified to identify industrial business properties within the Extra Territorial Jurisdiction of the City of Beaumont, hereinafter referred to as "ETJ", and report to City the corresponding accounts as reported by Jefferson County Appraisal District, hereinafter referred to as "JCAD". Therefore, the City desires to employ Contractor to perform a search and identify industrial properties within the ETJ within the JCAD jurisdiction for properties currently appraised by Capitol Appraisal Group, LLC for the Jefferson County Appraisal District. Contractor hereby agrees to complete all necessary steps to identify industrial properties within the properties currently appraised by Contractor, and include in a report those properties in addition to values for properties currently under agreement with the ETJ. 2. Contractor will identify any new industrial properties within the ETJ and the jurisdiction of JCAD within the properties currently appraised by the Contractor, and provide City with a report for the 2017 and 2018 tax years. The report shall include values as established by JCAD for existing companies with contracts with ETJ in addition to companies with properties located within locations currently appraised by the Contractor for JCAD that do not have agreements with ETJ. . 3. The process of identifying properties will be performed within the context of the laws and statues in the State of Texas. All legal descriptions, values, and jurisdictional determinations will be based on the prior determinations by JCAD. Contractor is providing professional appraisal reporting services, limited to discovery, description, and identification and this Agreement is authorized and subject to the Professional Services Procurement Act. TEX. GOVT CODE § 2254. Term 4. The Contractor hereby agrees to commence work under this contract upon execution of this agreement and provide a full report before the sixtieth (60th) day after certification of the 2017 tax roll by JCAD. For the 2018 tax roll, the contractor shall commence work upon the certification of the 2018 tax roll by JCAD and provide a full report before the sixtieth (60th) day after certification. The time for delivery on the fully completed report and electronic map may be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Page 1 EXHIBIT "A" Scope of Services 5. Contractor will employ electronic records, provided by JCAD, of the territorial boundaries of the City of Beaumont and surrounding municipalities to estimate the territorial limits for the ETJ within Jefferson County and subject to the authority of JCAD. Contractor will rely on current available electronic jurisdictional maps and use ESRI GIS Software to perform this task. Contractor will limit the determination of the ETJ boundaries to the use of GIS Software. 6. Contractor will identify new industrial business property, classified as industrial real and personal property, as added by JCAD for the 2017 and 2018 tax years at locations within the ETJ and currently appraised by the Contractor for JCAD. Contractor will take the new identified properties and determine the corresponding JCAD accounts. Contractor will use the information as appraised, determined and certified by JCAD on the 2017 and 2018 appraisal rolls exclusively. Contractor will take the information from JCAD and report the legal description, jurisdictional determinations, and market value of all property (including land). 7. The report will reflect the information for the properties as appraised, determined and certified by JCAD on the 2017 and 2018 appraisals roll exclusively. Contractor will comply with their duties under this Agreement by providing City the ESRI electronic map and corresponding report meeting the specifications in Paragraph 6 through 8. Address and Notice 8. Unless otherwise specified in this contract, any notice, communication, request, reply, or advice related to performance of this contract shall be addressed as follows: City Point of Contact: If intended for Contractor, to: Todd A. Simoneaux, CPA Gregg Davis Chief Financial Officer 9300 Research Blvd., Austin, TX 78759 Telephone No.: 409.880.3116 Telephone No.: 512.346.5480 Email: gdavnca ig com Fee 9. Contractor shall be entitled to a total fee of $19,000 (Nineteen Thousand Dollars) for the 2017 tax year and $16,500 (Sixteen Thousand Five Hundred Dollars) for the 2018 tax year. Contractor will be required to perform its services on or before sixty (60) days from the certification of the 2017 and 2018 tax rolls by JCAD. City shall pay Contractor the above- mentioned fee within thirty days (30) of the delivery of the final report and ESRI map. City shall in good faith take all actions necessary to facilitate the payment of all sums due to Contractor. Such payment shall constitute full payment to the Contractor for all its services under this Contract. Additional travel and services may incur additional fee, which must be previously approved in writing by both Parties. Governing Law Page 2 10. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction. Termination 11. Either party may terminate this contract upon giving Sixty (60) days notice to the other party of its intent to do so. 12. The City may terminate this contract for failure by Contractor to deliver the final report or failure to comply with the terms of the Agreement. In the event of termination, the City may request a refund less all cost of services performed prior to termination of the Agreement. 13. Disagreement with the opinions or determinations reached by Contractor will not be basis for termination of the Agreement. Parties shall act in good faith in performance of this Agreement. In the case of a bad faith termination by the City, Contractor shall be entitled to the full fee stated in the Agreement. Amendment 14. This Agreement may be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Legal Construction 15. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. Entire Agreement 16. This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. Successors and Assigns 17. This Agreement may not be assigned without the prior written consent of the City. Recitals 18. The recitals to this Agreement are incorporated herein. Page 3 Insurance 19. Contractor shall maintain public liability insurance, automobile liability insurance and, if applicable, worker's compensation insurance. The public liability insurance shall be in the form of comprehensive general liability with the inclusion of contractual liability coverage and shall provide limits not less than one million dollars ($1,000,000.00) for each person and not less than one million dollars ($1,000,000.00) for each occurrence for bodily injury liability and not less than one million dollars ($1,000,000.00) for each occurrence of property damage liability. The worker's compensation insurance shall provide employer's liability insurance in the amount of not less than five hundred thousand dollars ($500,000.00). Indemnification 20. TO THE FULLEST EXTENT PERMITTED BY LAW CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY THE "CITY INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY OR DEATH OF A PERSON OR PROPERTY DAMAGE, INCLUDING THE LOSS OF USE OF PROPERTY, ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE PERFORMANCE OF WORK OR SERVICES OF THE CONTRACTOR, AND IT'S SUB -CONTRACTORS UNDER THIS AGREEMENT, OR THE RESULT OF ANY NEGLIGENT ACT OR OMISSION OR ANY INTENTIONAL ACT OR OMISSION IN VIOLATION OF THE CONTRACTOR'S STANDARD OF CARE BY THE CONTRACTOR, IT'S SUB -CONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CONTRACTOR OR ANYONE FOR WHOSE ACTS THE CONTRACTOR MAY BE LIABLE OR DUE TO THE VIOLATION OF ANY ORDINANCE, REGULATION, STATUTE, OR OTHER LEGAL REQUIREMENT BY THE CONTRACTOR, IT'S SUB -CONTRACTORS, OR ANY OF THEIR AGENTS AND EMPLOYEES, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY INTENTIONAL OR NEGLIGENT ACT OR OMISSSION OF THE CONTRACTOR, IT'S SUB -CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CONTRACTOR, IT'S SUB- CONTRACTORS OR ANYONE FOR WHOSE ACTS THE CONTRACTOR OR IT'S SUB- CONTRACTOR MAY BE LIABLE. Independent Contractor 21. It is understood and agreed by and between the parties that the Contractor in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. (signature page to, follow) Page 4 WITNESS our hand in duplicate, this day of , 2017. CITY OF BEAUMONT ATTEST: WITNESS our hand in duplicate, this day of , 2017. CAPITOL APPRAISAL GROUP, LLC Gregg A. Davis, President Page 5 LC BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and accept funding through Entergy's Open Grants Program. BACKGROUND The City is applying for a $45,350 grant from Entergy's Open Grants Program to support the activities of the Beaumont Youth Advisory Council. The Open Grants Program Guidelines are attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. Entergy - - - ,_ V. _�-� & • Download Our App: Newsroom I Careers I FAG I Site Map I Contact Us Residential Customers Business customers Search Energy Education ft Safety I Entergy Companies Home > Our Community > Corporate and Foundation Giving > Open Grants Printable Page • Priority Our Community Entergy's Open Grants Program Locations Corporate Social Responsibility Corporate and Foundation Giving Guidelines and Application • Open Grants • Micro Grants Before applying for an Open Grant, please read the following guidelines and instructions. • Volunteer Program Entergy's Open Grants Program focuses on improving communities as a whole. We look for • Charitable Foundation giving opportunities in the areas of arts and culture, community improvement/enrichment, the environment and healthy families. Educational initiatives are funded mainly through the Katrina ®10. The Power of Entergy Charitable Foundation. Proposals that primarily benefit low-income populations should Hope. be submitted to the Entergy Charitable Foundation, regardless of the program area. Customer Assistance The Power to Care ATTENTION Mississippi grantees: The deadline for open grants requests in Mississippi is April 1. You should have received correspondence from us regarding this new deadline. Corporate Social Responsibility This important deadline allows us to be as strategic as possible in our giving efforts for the Awards and Recognition entire year. Economic Development In considering requests for grants, priority is placed on programs in specific counties/ parishes. Please check the following links to determine if your project is located in an area where Entergy has operations: Arkansas, Louisiana, Massachusetts, Michigan, Mississippi, New Hampshire, New York, Texas, and Vermont. If you have questions about this, please contact the Entergy contributions coordinator in your area: Entergy Arkansas Susan Dalton 501-377-5901 Entergy Louisiana (excluding New Orleans) Melissa Wild 225-382-4280 Entergy Mississippi Valarie Mabry 601-969-4825 Entergy New Orleans Kim Mitchell 504-670-3619 Entergy Texas Debi Derrick 409-981-3789 Entergy Nuclear (North) Deborah Fay 914-272-3320 Entergy Nuclear (South) NaCherrie Cooper 601-368-5809 Christine Jordan or 504-576-7705 Entergy Corporation Jennifer Quezergue 5D4-576-2674 Massachusetts Patrick O'Brien 508-830-8200 Michigan Nick Culp 269-764-2226 New York Andrea Blizard 914-254-7081 Open Grant applications are accepted on an ongoing basis. If you are starting a new application, click here to access and submit an online application form. We strongly suggest that when filling out the application you take advantage of the option to create a personal account so that you can save your application and edit it, if necessary, prior to submission. Please make sure to submit your application at least three months prior to the time the requested funds are needed. We receive many applications throughout the year, and we need to allow sufficient time to review each request carefully. Once you have submitted your application online, please allow at least 8 (eight) to 12 (twelve) weeks for review and notification of the result of your request. If by that time you have not been contacted by Entergy, please feel free to contact the appropriate contributions coordinator for your geographic area. (See above list.) If you have already started an application, saved it and created an account, please click here to access your application. Applications should be submitted at least three months prior to the time the funding is needed. Applications are approved or denied based on application criteria and Entergy's available resources. Arts and Culture The arts are expressions of ourselves - our heritage, feelings and ideas. To cultivate that, we support a diverse range of locally based visual arts, theater, dance and music institutions. Our long-term goal is to increase the access to contemporary art for a wider public, including children and the financially disadvantaged. Community Improvement/Enrichment Entergy supports community-based projects that focus community enrichment and improvement. A few examples include civic affairs, blighted housing improvements, and neighborhood safety. By giving to communities in this way, we actually help them become more self-sufficient. Healthy Families Children need a good start to grow into healthy, well -adjusted adults. With that in mind, we give to programs that have a direct impact on children educationally and emotionally. We're also interested in family programs, like those that better prepare parents to balance the demands of work and home. Eligibility and Preferences Grants from Entergy will only be made to the following types of organizations: • Non-profit organizations that are tax exempt under section 501(c)(3) of the Internal Revenue Code ('Tax Code"), or Schools, hospitals, governmental units and religious institutions that hold nonprofit status similar to that of 501(c)(3) organizations, which may therefore be eligible. • Volunteer fire departments that are 501(c)(4) NOTE: Due to changes in tax reporting requirements, if your organization does not hold 501(c)(3) tax status, you will have to attach the organization's W-9 form to the application. You can access a blank W-9 form at http://www.irs.gov/pub/irs-pdf/fw9.pdf.7 portlet=103. Entergy will NOT fund: • Groups without 501(c)(3) or similar non-profit status • Capital project funding (i.e., building campaigns) • Political candidates or groups • Purchase of uniforms or trips for school -related organizations • Amateur sports teams • Activities whose sole purpose is promotion or support of a specific religion, denomination, or religious institution • Grants to individuals or loans of any type • Any organization owned or operated by an employee of Entergy For more information please call 504-576-6980. v'sY.urrii'-Pr, ter ve =nutage_: 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 receive funding in the amount of $45,350.00 through Entergy's Open Grants Program to support the activities of the Beaumont Youth Advisory Council. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept grant funding through Entergy's Open Grants Program in the amount of $45,350.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - CIO BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a lease agreement with the Beaumont Art League. BACKGROUND The Beaumont Art League is located at 2675 Gulf Street and has a mission of supporting the visual arts and arts education in Southeast Texas. The City owns the land and building and has leased the property to the Art League since 1977. The City's current lease with the Art League expires on August 31, 2017 and the proposed agreement would extend the lease by one year. A copy of the proposed agreement is attached for your review. FUNDING SOURCE The City will receive $1.00 upon execution of the lease. RECOMMENDATION Approval of resolution. 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 Lease Agreement between the City of Beaumont and the Beaumont Art League for the lease of property located at 2675 Gulf Street for a one (1) year term commencing on September 1, 2017 and ending on August 31, 2018. The Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT THIS LEASE CONTRACT, dated September 1, 2017, by and between the City of Beaumont, a municipal corporation of Jefferson County, Texas, acting herein by and through its duly authorized City Manager, hereinafter referred to as LESSOR, and the Beaumont Art League, a corporation of Jefferson County, Texas, acting herein by and through its legally constituted officers, hereinafter referred to as LESSEE; WITNESSETH: For and in consideration of the sum of One Dollar ($1.00) cash and the performance by LESSEE of the covenants and conditions hereinafter recited, LESSOR does by these presents lease, let and demise unto LESSEE the following described property and improvements thereon, located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and more particularly described as follows: Being a tract of land out of the South Texas State Fair Grounds property in the James Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65) west of the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet (361.35') north of the north line of Plum Avenue as both are now established in the City of Beaumont, said point being marked by a one-half inch (1/2") iron rod; Thence west two hundred two feet (202') to comer marked by a one-half inch (W') iron rod, said point being at the south edge of an existing concrete walk and being thirty feet (30') east of the easterly line projected of what is now known as the Agricultural Building; Page 1 of 6 EXHIBIT "A" Thence south 00 degrees 03 minutes west along a line parallel with and thirty feet (30') east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet (96.65') to corner marked by a one-half inch (W') iron rod, said point being in line with the southerly line of said Agricultural Building projected eastward; Thence south 89 degrees 54 minutes east along the southerly line of said Agricultural Building projected eastward two hundred two feet (202') to corner marked by a one- half inch (A") iron rod; Thence north 00 degrees 03 minutes east ninety-seven feet (97) to the place of beginning; The above described tract, herein referred to as Leased Premises, contains 0.449 acres and improvements, more or less; L The lease shall be for a term of one (1) year, beginning September 1, 2017 and ending on August 31, 2018, unless terminated as provided for herein. . 2 The Leased Premises hereunder shall be used by the LESSEE for the purpose of advancing the arts and for such other further purposes as the LESSEE desires in the furthering of fine arts. 3 LESSOR reserves the right to park motor vehicles on the Leased Premises in connection with its use of the premises for purposes of advancing the arts. 4 LESSOR, its employees and agents, shall have the right at all times to go on or about the said premises for the purpose of inspecting same, or for any other legitimate purpose. Page 2 of 6 5. LESSEE shall not make alterations, additions or improvements to the Leased Premises or buildings thereon without the prior written approval of the City Manager of LESSOR or his DESIGNEE, and all such alterations, improvements and additions made by LESSEE upon the Leased Premises shall remain upon the Leased Premises at the expiration of this lease and become the property of LESSOR. LESSEE shall be responsible for any and all maintenance, repairs, and improvements, either major or minor, that are necessary to the Leased Premises and LESSEE agrees to keep the Leased Premises in a good state of repair throughout the term of this lease or any extension thereof. LESSOR agrees to pay all utility charges during the term of this lease and any extensions. On the expiration of this lease, LESSEE shall deliver the premises described herein and all improvements thereon to LESSOR in good condition. LESSOR may, at its own cost and expense, make improvements or repairs to the Leased Premises, subject to the appropriation of City funds, although LESSOR is under no obligation to do so. The LESSOR shall consult with LESSEE prior to making said improvements. 7. LESSEE shall not sublease or rent any portion of the Leased Premises without the prior written consent of the LESSOR. 8. LESSEE agrees to indemnify and save the LESSOR free and harmless from all claims or liability for damages to any person or persons for injuries to person or personal Page 3 of 6 injuries resulting in the death of any person, or loss or damage to property occasioned by or in connection with the use of the premises hereby rented caused by any source whatsoever, expressly including claims arising from the alleged negligence of LESSOR LESSEE hereby assumes full responsibility for the character acts and conduct of all persons admitted to said premises, or to any portion of said building by the consent of said LESSEE, by or with the consent of the said LESSEE. a LESSEE agrees to obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, Commercial General Liability Insurance on the Leased Premises in the following types and amounts: 8.1 Premises Operations 8.2 Independent Contractors 8.3 Personal Injury 8.4 Advertising Injury 8.5 Medical Payments 8.6 Fire Legal Liability 8.7 Contractual Liability Combined single limit for bodily injury and property damage of $500,000.00 per occurrence with an aggregate limit of $500,000.00 $5,000.00 $50,000.00 $500,000.00 The cost of said policies shall be borne by LESSEE, and said policies shall name LESSOR as a named insured as well as LESSEE. Policies shall provide for fifteen (15) days notice to LESSOR for cancellation, non -renewal or material change. LESSEE shall further maintain fire insurance with extended coverage endorsements on a replacement basis for the full insurable value covering all of the Leased Premises, with the LESSOR named as co -loss payee. This policy shall be for a term of not less than one (1) year and renewed annually prior to expiration so long as this lease is in existence. Certificates evidencing said Page 4 of 6 insurance shall be provided to the LESSOR. The certificate shall provide for a minimum of fifteen (15) days notice to LESSOR of any cancellation of the insurance required herein. Should the Leased Premises or any portion thereof be wholly or partially destroyed or lost by fire, explosion, windstorm, theft or any other cause, any and all monies payable and collectible on policies of insurance covering the Leased Premises shall be paid to LESSOR. LESSOR shall have sole discretion concerning whether to rebuild or repair the Leased Premises or take no action to rebuild or repair. LESSOR has no insurance on contents within the Leased Premises. Should LESSEE desire to insure contents, LESSEE must provide such insurance at its own cost and expense. Should LESSOR opt not to repair the Leased Premises after an insured loss then LESSEE may at its option terminate this lease and whether it terminates or not, shall have no responsibility to repair the damages caused by the insured loss to the Leased Premises, notwithstanding the provisions of Paragraph 6. 10. At the expiration of the term of this lease, LESSEE may hold over on a month-to-month basis only under the same terms and conditions as set out in this lease. 11. Either party may terminate the lease agreement upon sixty (60) days notice in writing to the other party. In the event of termination LESSEE agrees to remove its property from the leased premises and to leave the premises in good repair without damage. Page 5 of 6 12. LESSOR reserves the right to enter into Agreements with other entities at any time during the term of this Agreement, or any extension thereof, which may limit access to Leased Premises as described. 13. This lease is made subject to all provisions of the City Charter of the City of Beaumont, Texas. EXECUTED in duplicate originals this day of 2017. LESSOR: CITY OF BEAUMONT ATTEST: 0 Kyle Hayes, City Manager Tina Broussard, City Clerk LESSEE: BEAUMONT ART LEAGUE Nicole Cormier, President/Chairman Page 6 of 6 F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an amendment to a Memorandum of Understanding with the Texas Attorney General's Office. BACKGROUND The Internet Crimes Against Children (ICAC) Task Force was created to help State and Local Law enforcement agencies enhance their investigative response to offenders who use the internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of regional Task Force agencies funded by the United States Office of Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. The amendment would extend our current Memorandum of Understanding with the Attorney General's Office and continue to make ICAC resources, contracts and training available to our department. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. 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 First Amendment to Memorandum of Understanding with the Texas Attorney General Office Internet Crimes Against Children Task Force to provide training and technical assistance in support of their Internet Crimes Against Children initiatives. The amendment 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 11th day of July, 2017. - Mayor Becky Ames - DocuSign Envelope 1D: A7A475C7-493B-4206-86ED-4DEA978D90E1 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING STATE of TEXAS COUNTY OF TRAVIS OAG CONTRACT No. 1665397-01 Tats AMENDMENT is made and entered into by and between the Office of the Attorney General of the State of Texas and Beaumont Police Department (collectively referred to as the "Parties"). INDUCEMENTS Whereas, the Parties agreed to and executed that certain MEMORANDUM OF UNDERSTANDING, identified as OAG Contract No. 1665397 (the "Original Agreement"). Whereas, the Parties desire to amend and/or modify, alter, excise, or add certain terms, conditions, and/or mutual covenants of the Original Agreement as set forth hereinafter. Whereas, the Parties intend to create a new contract consisting of the new amended and/or modified, altered, excised, or added terms, conditions, and/or mutual covenants of this FIRST AMENDMENT To MEMORANDUM OF UNDERSTANDING and the remaining unchanged provisions of the Original Agreement. Now, THEREFORE, in consideration of the inducements, mutual. covenants, and conditions herein contained, the parties agree as follows: SECTION 1. AMENDING TERM OF ORIGINAL AGREEMENT The Parties agree to amend the term of Original Agreement to expire on August 31, 2018. SECTION 2. ENTIRE AGREEMENT The entire agreement between the Parties consists of the new amended and/or modified, altered, excised, or added terms, conditions, and/or mutual covenants of this FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING and the remaining unchanged provisions of the Original Agreement. No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless contained herein. In Witness Thereof, the Parties Have Signed and Executed this Contract. OFFICE OF THE ATTORNEY GENERAL BEAUMONT POLICE DEPARTMENT ATTORNEY GENERAL/Designee Authorized Official EXHIBIT "A" BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 11, 2017 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, 9-11/ Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore 2. Consider an ordinance approving CenterPoint Energy's 2017 GRIP Rates 3. Consider a request for a zone change from LI (Light Industrial) to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive district for Property located at 1575 Evalon Avenue 4. Consider a request for a Specific Use Permit to allow a Gaming Room in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District located at 2916 E. Lucas Street 5. Consider a request for a Specific Use Permit to allow parking of commercial and industrial trucks in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 5290 Highland Avenue 6. Consider a request for the abandonment of the alley in Block 7, West Oakland Addition located at 3540 South 11th Street without the retention of an easement 7. Consider a request for the abandonment of a portion of the West Euclid cul-de-sac located at 3650 W. Euclid Street Consider a request to abandon a 6' wide utility easement along Sulphur Plant Road 9. Consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 950 Washington Blvd. 10. Consider a resolution authorizing the City Manager to execute Change Order No. 6, accept maintenance, and authorize final payment for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway) 11. Consider a resolution authorizing the City Manager to enter into an agreement with Lamar University related to funding for public, educational and governmental programming on LUTV COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Gayle M. Harris v. Payne's Wrecker Service, Inc.; Russell G. Huff; and the City of Beaumont, Texas; Cause No. 0128051 * Consider matters related to the deliberation of economic development negotiations in accordance with Section 551.087 of the Government Code: Coastal Caverns 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. 1 July 11, 2017 Conduct an election of Mayor Pro Tempore Article III, Section 6 of the City Charter states "The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his/her office, and, if a vacancy occurs, shall become Mayor for the unexpired term." RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT is elected Mayor Pro Tempore for a one (1) year term. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - N July 11, 2017 Consider an ordinance approving CenterPoint Energy's 2017 GRIP Rates BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager // PREPARED BY: Tyrone E. Cooper, City Attorney0&------ MEETING DATE: July 11, 2017 REQUESTED ACTION: Consider an ordinance approving CenterPoint Energy's 2017 GRIP Rates. BACKGROUND On March 30, 2017, CenterPoint Energy ("CenterPoint") filed with the City of Beaumont an annual Gas Reliability Infrastructure Program (GRIP) interim rate adjustment notice to increase gas rates in the Beaumont/East Texas Division Service Area. The City Council, on April 11, 2017, suspended the effective date of the requested increase until July 13, 2017 in order to have the request reviewed for compliance with the Gas Utility Regulatory Act. This review is generally a ministerial process limited to insuring that the request complies with the GRIP statute. The review has determined that the company's filing is in compliance with the statute and can be approved. FUNDING SOURCE All reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ORDINANCE OF THE CITY OF BEAUMONT, TEXAS APPROVING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS ("CENTERPOINT" OR "COMPANY") COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON MARCH 30, 2017; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about March 30, 2017, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed an Annual GRIP adjustment for the Beaumont/East Texas Service Area with the City of ("City") to increase gas rates in the Beaumont/East Texas Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE ("Gas Utility Regulatory Act") § 104.301; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103.001; and, WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and, WHEREAS, the Company proposed an effective date of May 29, 2017, for the rate increase; and, WHEREAS, the City suspended the proposed May 29, 2017 effective date until July 13, 2017; and, WHEREAS, the City's consultant has reviewed the GRIP filing and has concluded that the proposed GRIP rates are correctly calculated; and, WHEREAS, the reasonableness of the Company's investment will be reviewed in CenterPoint's subsequent base rate case where all costs included in CenterPoint's GRIP filing will be subject to refund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The Company's proposed GRIP rate increase is approved effective July 13, 2017. Section 3. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 4. This Ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames — ATTEST: Tina Broussard City Clerk 3 July 11, 2017 Consider a request for a zone change from LI (Light Industrial) to GC-MD(General Commercial - Multiple Family Dwelling) or a more restrictive district for Property located at 1575 Evalon Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager GJ� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 11, 2017 REQUESTED ACTION: Consider a request for a Zone change from LI (Light Industrial) to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive district for property located at 1575 Evalon Avenue. BACKGROUND Joseph Endari is requesting a rezoning of the property located at 1575 Evalon Avenue. Three lots fronting on M.L. King Parkway are zoned GC -MD (General Commercial - Multiple Family Dwelling District). This lot, although adjacent to the first three, is zoned LI (Light Industrial). Mr. Endari hopes to have his entire property zoned GC -MD, so that it can be developed as a unit. At a Joint Public Hearing held on June 17, 2017, the Planning Commission recommended 7:0 to approve a request for a Zone change from LI (Light Industrial) to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive district for property located at 1575 Evalon Avenue. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY APPLICANT'S NAME AND ADDRESS: J �Q �r APPLICANT'S PHONE #: 7—!3 i -NAT altoIN' D • • LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION CITY OF OR TRACT PLAT SURVEY FAX #: ,TEXAS f Py 7 7 NUMBER OF ACRES NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED: HAS THE REQUEST BEEN MADE BEFORE? IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE.................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT TIE PPL IO M,A E FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. / � / SIGNATURE OF APPLICANT: SIGNATURE OF OWNER (IF NOT .APPLICANT):_ PLEASE TYPE OR PR UT ANI FILE NUMBER:_ DATE RECEIVED:_ RECEIPT NUMBER: DATE: TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409)880-3764 FAX (409) 880-3133 To city council zoning department I am joseph Endari the owner of the property located in Beaumont texas Jefferson county .the owner of the property listed below 1535 Evalon - 1555 Evalon - 1575 Evalon. Parts of this property zoned general commercial (GCMD) The frontage of mlking all the way to 1555 Evalon is zoned general commercial (GMCD) The other parts from 1575 Evalon all the way to gulf st zoned light industrial (LI) I would like to have the city permission to rezone the light industrial (LI) To general commercial (GCMD) if it's possible so I can build multifamily residence Efficiency apartment. Thanks for your consideration Joseph endari 05/21/2017 Letter for amendment Of the zoning Beaumont texas I am joseph endari the owner of the property 1535 evalon , 1555 evalon , 1575 evalon I would like to change the zoning of the property 1575 evalon from ( LD) light commercial To (GCMD) general commercial multiple family dwelling if its possible . All the other two property I own they are zoned as (GCMD) 1535 ,1555 evalon all they are (GCMD). Except 1575 evalon its zoned (LD) light industrial. Thanks for your consideration and working with us. 03/27/2017 Joseph endari ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1575 EVALON AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1575 Evalon Avenue, being Lot 5, Block 23, Jirou Addition, Beaumont, Jefferson County, Texas, containing 0.161 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - File 2299-Z: A request for a Zone change from LI (Light Industrial) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district. Applicant: Joseph Endari Location: 1575 Evalon Avenue 0 100 200 I i I I Feet ALF tin 79, St 4_4 rF Nr �. � ' ref` k,y,}Y =G+�+fu moo" `r`."`•� _ __ .. _ -- _ ' •r I 1 0 July 11, 2017 Consider a request for a Specific Use Permit to allow a Gaming Room in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District located at 2916 E. Lucas Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 11, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a Gaming Room in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District located at 2916 E. Lucas Street. BACKGROUND Truong V Le has requested a Specific Use Permit to allow a Gaming Room in his property at 2916 E. Lucas Drive. In 2004, Mr. Le submitted an application to rezone the north part of his property to GC -MD -2 (General Commercial - Multiple Family Dwelling -2) with a Specific Use Permit to allow a strip mall with retail stores and restaurants. One of these existing businesses plans to install between 15 and 20 machines. The hours of operation for the business would be 10a.m. to 10p.m. At a Joint Public Hearing held on June 17, 2017, the Planning Commission recommended 6:1 to approve a request for a Specific Use Permit to allow a Gaming Room in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 2916 E. Lucas Street with the following conditions: 1. Limited to no more than 20 machines. 2. The hours of operation would be from 10 a.m. to 10 p.m. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. Limited to no more than 20 machines. 2. The hours of operation would be from 10 a.m. to 10 p.m. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the south 342.42' of Lots 1 & 2, Tract 1, Lot 1, Block 2, Lucas Acres, Beaumont, Jefferson County, Texas, containing 1.64 acres, more or less. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: ..l APPLICANT'S ADDRESS: 2C71(,, C APPLICANT'S PHONE #: O`7 — �;-J -- ��7 J , FAX #: Yo 5 — g-5 r— yL, 2 ;Z NAME OF OWNER: � t�A 2L1�"YA / LLC ADDRESS OF OWNER: i al y F_ LOCATION OF PROPERTY: .!�)- (�, E _ L�l�-/4T 170-1 �I E LEGAL DESCRIPTION OF PROPERTY: LOT NO. l OR TRACT I --11 L-2- .'1-2,� `)—, BLOCK NO ADDITION PLAT SURVEY NUMBER OF ACRES NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED C- 1 GA�1'r�G, Poi- 1 G-�C,-1Z t>- Z ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %11 X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN % ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, undo areas depicted on the site plan shall be SIGNATURE OF APPLICANT: SIGNATURE OF that all of the conditions, dimensions, building sizes, landscaping and parking d to as amended and approved by City Council. NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. DNT Plaza, LLC 2916 E Lucas Drive Beaumont, Texas 77703 May 25, 2017 To Whom It May Concern: My name is Truong V Le, and property owner/manager would like to request for the specific use permit for this location. The city (building code) required me to submit for any gaming machine to be on this location for any business. Thank You Truong V Le DNT Plaza 2916 E Lucas Drive Beaumont, Texas 77703 May 26, 2017 To Whom It May Concern: This small game room have no effect on diminish or impair property values within the immediate vicinity or nor it impede the normal and orderly development and improvement of surrounding vacant property, and have all adequate utilities, access to roads, drainage and all necessary supporting facilities and will be provided. This plaza is design for customers and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting general public or adjacent development. This game room have no odor, fumes, dust, noise, or vibration and will adequate nuisance prevention measures to the area. The plaza have plenty parking light that will not disturb or adversely affect neighboring properties nor neighborhoods and the safe for all customers and with plenty beautiful landscaping and screening to insure harmony and compatibility with adjacent property and neighbor. This game room have meet all the requirement by the zoning ordinance, and please grant this location for the specific use permit. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING ROOM IN A GC - MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 2916 E. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Truong V. Le has applied for a specific use permit to allow a gaming room in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 2916 E. Lucas Drive, being the south 342.42' of Lots 1 & 2, Tract 1, Lot 1, Block 2, Lucas Acres, Beaumont, Jefferson County, Texas, containing 1.64 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a gaming room in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 2916 E. Lucas Drive, subject to the following conditions: ; and, • Limited to no more than twenty (20) machines • The hours of operation are from 10 a.m. to 10 p.m. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming room in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a gaming room in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 2619 E. Lucas Drive, being the south 342.42' of Lots 1 & 2, Tract 1, Lot 1, Block 2, Lucas Acres, Beaumont, Jefferson County, Texas, containing 1.64 acres, more or less as shown on Exhibit "A," is hereby granted to Truong V. Le, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Limited to no more than twenty (20) machines • The hours of operation are from 10 a.m. to 10 p.m. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - File 2303-P: A request for a Specific Use Permit to allow a Gaming Room in a GC -MD -2 General Commercial -Multiple Family Dwelling -2) District. Applicant: Truong V. Le Location: 2916 E. Lucas 0 100 200 1 1 1 I Feet Al EXHIBIT "A" Google Maps Go i Map Page 1 of 1 1 1 � ...X,` ti IW Imagery ©2017 Google, Map data 02017 Google 20 ft httncl/wwwnnnale.com/mans/olaceJ2916+E+Lucas+Dr/030.1251972.-94.1300289.100a.35v.39.54t/data=!3m1!le3!4m6!3m5!1sOx863934ed27b7484... Mav 16.2017 4: _ .:• , C ;.. 2 . •� :' 1 a 8 "1 is •. . JPy:•_ v .7,'� .Y!R'.la- -E'. :" •�,il ::.C' _ • '} . v?' '-2a: - d Saj 71 Et w• -�' �.. ' ` , .:y_-t_.r�.�,��� tom•-tN—•T.�•. t :�h•, f Y �w d .i IM f'vA iii:,' r:l.C`.,`.,�5=•!';ij � . r: � :j{• •'`-. - - _i i'?_ - "1'4 . „ -. .i.' • ,.t . . � .:+t' .:t.{,_ is •'•' ::� ..c ' - - - :c'_ ( .77 �t": �' -.: 1. r..: Pt'•'"� _ :}w`rF' �%-`1 _ .`.1�!'-• '4,a '.�-.' 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'(W t' - :: ,! • ; >� :-': ' f:. `:1.• - �r?fK . :T, ^ R`• _ .'f; :f•. ly;..i, i` 'i, :i v .s`-.-.r.;aT•'_' .�. ;rt, a•& 'i'• ':c• x:'a ti,`` .:n,].^�`�8... � i - .:;:'.sva. ,.(. � ', ,,p:,;4. - �_.Ta•:.• y _ ."I'i: c: ` - !yy . 1'7: •� - - .i: a�'.'."'a_" :i'>7..,`. - �_:Y'>�12♦ : LC , l+. ` meq:-...l :•`..ta.-3• ^ .fi-., '`t _ ��.��t: .!b'_. ..t^. fit':- Y-�.. i.. ,++F• .:r;:e"s%z' ����'�'"•:o. .may{ .L n. :l «rmoi' t % *�4 ' •� r.%� l� ..,�., - _ :4' .. -0s , ' -•,+_ .. .ice_ - �Yr.•�� s?:., i.i i`s•�r�'y _ ' ,L .�. "� �(< •,�. � �T f.�sr.�'".0 r�A(:: .'.'':�... �•. t� :' t .?.:�"•_� �;_ :at l-� - •-y�ssa'-'c:Z.a-0i��k.'t2!'�.�:t:�•:�'f:'"„ .t.' - _ - .Nr-'ems •,f. .. •.I � ,•'i - .. ,' . • .. ` .. - - - _ - •'.{'i, "� iii �.� 5 ��'�. . • - _ � - `' '' Y•S- • `im 4. G 1. Limited to no more than twenty (20) machines. 2. The hours of operation are from 10 a.m. to 10 m. :',^fir,{ .S.x:: "�-r�,-+' - ♦•{•. � T•.. ._ _ ._ i I• `l: k '4C: `'.,q--.. ^:o k!(: ^ai•=..''F ••' - - •;'� :: `z tea•. _t` ., "LL #td :!-. J "�•. of- �s,l. ^T}s: ?f•• ryM1F . i. .��;•S4: .t:,t• +i:% .t. '�. EXHIBITT"'*_ .,k� .:� t•. ,=�'��P.':;tir'"fi,,,' -y %{•' d,:'. •4-i1• ae8"C+''��:T: `.{a y•'�, '...ia •'R 7 aYs if.,-.• :•;:+sC'i .i :'}'-. -mill. w.�;:���Yij:..f:�.!hs ::..ice .-S.a ?•y�' ;'x -. ^. .:c,_t:!+.�•_ryf_:� •f'=.K�.♦,. .o-r�:,y_; '_i s' •-•t{=-4a '�* .y: ::.•jig• �_ .. •_ — ��;,r,....at,::��}:,.�:.���;:::__';.,^,.!'r•:n,.t.:.�:�- �_q5:' .ii':i.._.:r.{; _�'•� •:s.,i•`._';'.�:: -;^�.. _nom r°<.•" _S«,^. _ 'V i : .r.' i:•Lv . _ y"+:t iZ �' ! `'l�'l. •. 7• -' +: Ya.. - ' �='-i� r , Y_ yt�. • :1 r'�; ;t:.. we�ct : ...... f.: _ • f v •. .�.,�.• � _ _ C.. ;: : ' .;'?, =.'j'� _ at:.:: ky 't. . �"�"T . (f-4:<' ` •.s- \. ti,i`+�,�':<'T` :'7�'!i`•�-i.•;..♦;•'•. {r).K _ .. .y�x-S �V.:-SF;. a.:'.:y�. `�L`•' '7 r.. J.:�y-'. �"'. ,:.�� _ '�r-;iisr Y s .:(�2•,;:n'-tom_ ... ..: .. ... r•.. :'vYF:i ia._..: e.. .....: '-{��: .� �,.,sa.' r _ ♦ r.. ,. r_ 'l;:'-.'�. ':�- r. -. ,xq. `'..qty'-tii_•{, •.'{•• -:1-jr \P� N� k -I July 11, 2017 Consider a request for a Specific Use Permit to allow parking of commercial and industrial trucks in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 5290 Highland Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager C') PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 11, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow parking of commercial and industrial trucks in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 5290 Highland Avenue. BACKGROUND Hector Molina has requested a Specific Use Permit to allow parking of commercial vehicles and industrial trucks at 5290 Highland Avenue. The property is zoned GC -MD (General Commercial - Multiple Family Dwelling), and is adjacent to residential properties. Mr. Molina states that the existing house is to be demolished, and the entire parking area will be screened with an eight (8) foot fence. This use is not compatible with the neighborhood, as this is primarily a residential neighborhood. While parking of industrial/commercial trucks may provide a service to specific individuals in the neighborhood, it does not provide a service to the community as a whole. At a Joint Public Hearing held on June 17, 2017, the Planning Commission recommended 5:3 to deny a request for a Specific Use Permit to allow parking of Commercial and industrial trucks in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 5290 Highland Avenue. FUNDING SOURCE Not applicable. RECOMMENDATIONS Denial of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: I" r u l V1L l_ APPLICANTS ADDRESS:Q>n 9Ial l APPLICANT'S PHONE NAME OF OWNER: 11C('l�, I UK- V. 1 I ADDRESS OF OWNER: P l J F-)O� 0 2LP LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. L4,5 i BLOCK NO. .L ADDITION A I L ei bra (-6 V NUMBER OF ACRES Q$4� ,O v, L i rnQni, NY 11M-2> FAX #: OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE:p- �',nn o I ZONE: WorL vehkOtS A TACH A LETTER describing all processes and activities involved with the proposed uses. VIA7 ACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN''/2 ACRE.................................................................$0 %2 ACRE OR MORE AND LESS THAN 5 ACRES .............. 4 0.00 5 ACRES OR MORE...................................................................$ 0 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF SIGNATURE OF APPLIC`/ DATE: 1 OWNER 1� e' (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. May 23, 2017 o That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; no utilities will be required for the parking facility o The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; o ALL prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; o Directional lighting will be directed away from neighboring properties; o The entire parking area will be screened with an 8' fence to insure harmony and compatibility with adjacent property; and o That the proposed use is in accordance with the Comprehensive Plan. The proposed use is that we will be storing heavy duty vehicles which will be according with the Comprehensive Plan. We will be demolishing the house and that area will be fence and used as parking also. `-� O vet 'l t64 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PARKING OF COMMERCIAL AND INDUSTRIAL TRUCKS IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 5290 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Hector Molina has applied for a specific use permit to allow parking of commercial and industrial trucks in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5290 Highland Avenue, being Lots 4-6, Block 1, Hillebrandt Addition, Beaumont, Jefferson County, Texas, containing 1.085 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denying approval of a specific use permit to allow parking of commercial and industrial trucks in a GC -MD (General Commercial - Multiple Family Dwelling) District at 5290 Highland Avenue; and, WHEREAS, the City Council is of the opinion that granting issuance of such specific use permit to allow parking of commercial and industrial trucks is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow parking of commercial and industrial trucks in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5290 Highland Avenue, being Lots 4-6, Block 1, Hillebrandt Addition, Beaumont, Jefferson County, Texas, containing 1.085 acres, more or less as shown on Exhibit "A," is hereby granted to Hector Molina, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - Re 2301-P: A request for a Specific Use Permit to allow parking of Commercial and idustrial trucks in a GC -MD (General Commercial -Multiple Family Dwelling) District. pplicant: Hector O. Molina ocation: 5290 Highland Avenue 0 100 200 1 1 Feet EXHIBIT "A" .i m W d t S 22 4. + F-" --------------------------------------------------------------------------------------------------------------------------1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 I h 1 1 1 f sYrt + ! lib- u ti 1 1 e 1 � �f�Yrbu��r++n�c� � 1 i 1 H 10 opctc';' or, Fence. Highland St. -------- Fenced area 22 s F --r _N d T July 11, 2017 Consider a request for the abandonment of the alley in Block 7, West Oakland Addition located at 3540 South 110i Street without the retention of an easement BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager LJ i) PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 11, 2017 REQUESTED ACTION: Consider a request for the abandonment of the alley in Block 7, West Oakland Addition located at 3540 South 11th Street without the retention of an easement. BACKGROUND Greater Grace Temple has requested the abandonment of the alley located at 3540 S. 1 lth Street. The congregation owns the entire block, and would like to construct a church building and parking. The alley runs through the middle of their property. The church hopes to abandon the alley without the retention of an easement. At a Joint Public Hearing held on June 19, 2017, the Planning Commission recommended 7:0 to approve a request for the abandonement of the alley in Block 7, West Oakland Addition located at 3540 South 11th Street without the retention of an easement. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN ,APPLICATION TO ABANDON A: CR GI IT-OF-WAX7(10W), UTILITY EASEMENT (UE) OR RIGI IT -OF -WAY BUT RETAIN UTILITY EA SEMEN"I' -- NAME OF APPLICANTA ,tt/ C-jf a( i�ep1 -l�TT(�\E: S -L}' FAX: AUTHORITY OF APPLICANT: 4b--KA--t)- vv-�-1 Rs o4r-l- - - NAME of OWNER:kba-� -K .- Ka l q - - - -- --- - - ADDR[;SS: 3o m PHONE:53`A\: ALL, OWNERS ABUTTING THE ROW OR UE MUST SIGN \VRI I I [:N REQUEST. (PLEASE ATTACI I PROPERTY OWNERS L,IST TO Tl IE APPLICATION) DESCRIPTION OF ROW OR UE TO BEA BANDON ED: (--QC,id PRESENT USE OF ROW OR OF (LIST UTILITIES IF PRESENT) S KA 1QJj- ---� ATTACH A LETTER STATING THE REASONS FOR TI IE ABANDONMENT. LEGAL DF,WUPTION OF PROPERTY: LOT NO. �� OR BLOCK NO. ADDITION TRACT PLAT SURVEY ATTACH A AIAP OR PLAT DELINEATING ILE PUBLIC ROW OR UE TO BE ABANDONED AND TI IE LEGAL DESCRIPTION OF ADIACFNT PROPERLY (DIMENSIONED AND l'O EN(-iINEI?RING SCALE). ATTACH TI IE S300.00 APPLICATION FEE, THE ACTUAL COSI OF NECESSARY APPRAISALS AND TITLE COM),111 MENI S. 1F PROPERTY IS ABANDONED, APPRAISED VALUE OF TILE FEE IE PROPERTY SHALL BE Cl LARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS 'TRUE AND CORRECT. DA'I E: PLEASE'TYPE ORPRINT AND SUBMIT TO: FILL: NUMBER: DATE RECIIVBD: RECEIPT NUMBER: PLANNING DIVISION, ROOM 205 CITY ITALL, 801 MAIN S1 REET BEAUMONT. TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3 13 3 APPLICATION FOR PUBLIC RIGHT -0F -WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List _ Date: We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of Ili--F� 15 �C.CJL. —1 k) r7i� 0 4f ULANVb - p4pp Mc))kIL. hereby respectfully petition that the right-of--wa, alley or utility easement be closed and abandoned. OWNER and ADDRESS (tract) Lot Block Addition (tax plat) (survey) ATE: Please print or type your name and then use signature. Separate sheets may be used. Greater Grace Temple Ministries Beaumont 3240 St. James Blvd Beaumont, Texas 77705 Please abandon the alley in block 7. We intend to build a church on this property. But the alley runs right through the middle of the block. Respectfully yours Bishop R.N. Robinson Senior Pastor ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED AT 3540 SOUTH 11TH STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Greater Grace Temple has applied for an abandonment of an alley located at 3540 South 11th Street, being the 20' x 200' alley in Block 7, West Oakland Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A," attached hereto; and; WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the alley is no longer necessary for municipal street purposes and the abandonment of said alley is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT an alley located at 3540 South 11th Street, being the 20' x 200' alley in Block 7, West Oakland Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit 'A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames File 873 -OB: A request for the abandonment of the alley in the Block 7, West Oakland Addition. Applicant: Greater Grace Temple Location: 3540 S. W Street 0 100 200 1 1 Feet f .� RMIP 4 m mom -17 RM -H • . , � ��. t.� . ,` ',• it - c -o 0 0 o�°'mei e'®'©aa'�®i�i�s�i°s°°�o'o� , . �, . ��• . , .. :� :� goo©mc*�,d�°eos�e�e�eova e � o e_e s o i - ST�'JAMESBLVD :x s t RM—H GC—MD 7s rRIV1 —H y z_ EXHIBIT "A" BOULEVARD 50.00 1 r` O 60.0 50.00 112369' 50.00 50.00 50.00 11239 00 7 6 3 112630' 1.12612. 112620 11261'9 112618,0 112372 0 112634 112633 112632; 112631. 112342 112341 112340 g 13 0 13 12 1 1 10 S 112344 8 4 3 2 1 g o 2346 6 5 Z 112339 50.00 112343 50.00 D 50. 50.00 50.00 20.00 N 20.00 50.00 60.00 50.00 m 50.00 Z 50.00 50.00 Cn m 20.00 50.00 50.00 M 412621 50.00 _11,2628 112664. 50.00 112$22. 2623: g g 112661 112562 112663 50.00 112627 8 14 15 16 17 11 2645 g 29 30 31 32 21 22 1:12379 26 27 28 112361 112382 112$83 a A 14 15 16 17 g 112360 0 8 29 30 31 32 g 112374 1;12375 11.2376 27 28 112381 '112382 50.00Is 112373. 50.00 Intended to be used for Informational purposes only. It wes not prepared for, 50 .00 112364 11237.8 112369 50.00 County Appraisal District map Is not the product of an on -the -ground survey 50.00 50.00 50.00 50.00 50.00 -Tb location of propety boundaries. f nom"'` BOULEVARD 111 0 1 r` O 60.0 50.00 112369' 50.00 112367 50.00 11239 00 7 6 3 112630' 1.12612. 112620 11261'9 112618,0 112634 112633 112632; 112631. o 0 2366 366. t'' g 13 12 11 d6l $32 1 C Z 50.00 50.00 50.00 D 50. 20.00 50.00 20.00 N 20.00 50.00 60.00 50.00 m 50.00 Z 50.00 50.00 Cn m 50.00 50.00 50.00 M 412621 _11,2628 112664. 112$22. 2623: g g 112661 112562 112663 $ 112627 8 14 15 16 17 11 2645 g 29 30 31 32 21 22 1:12379 26 27 28 g 20 21 22 23 24 25 26 m -+ 50,00 This mop was created for use by the Jefferson County Appraisal District and 112381 '112382 50.00Is 50.00 Intended to be used for Informational purposes only. It wes not prepared for, 50 .00 11237.8 and Is not suitable for legal, engineering or surveying purposes. The Jefferson County Appraisal District map Is not the product of an on -the -ground survey 50.00 50.00 conducted or supervised by a registered professional surveyor, It does not purport to represent an on -the -ground survey, and represents only the approximate relative 50.00 location of propety boundaries. The Jefferson County Appraisal District does not Sueraraee or warrant the 50.00 50.00 Accuracy of the mop northe data appearingthereon, THERE IS NO 50.00 WARRANTY OF ANY RIND, EXPRESSED OR IMPLIED AND, T SPECIFICALLY, THERE IS NO WARRANTY OF MERCHANTABILITY NOR OF FfINESS OF USE 6 '112666' .1126 i BOULEVARD 111 0 1 r` O 50.00 112369' 112368 112367 2 O 11239 00 7 6 4 3 1'1261.3 1.12612. 112811 112610 0 o 7 6 5 2366 366. t'' r3 112370. 11261.6 C 50.00 50.00 50. M 50, 00 50.00 m 20.00 Z 50.00 50.00 Cn m 50.00 50.00 t - _11,2628 m a 112627 24 25 26 3 8 20 21 22 1:12379 g 20 21 22 23 24 25 26 m -+ 112381 '112382 50.00 112380 11237.8 50.00 50.00 50.00I 50.00 BOULEVARD 100.00 50.00 112688: 112687 112588 112686 $� R Q 3 50.00 50.00 50.00 1.12b09 1'1261.3 1.12612. 112811 112610 0 o 7 6 5 4 r3 ? , 11261.6 50.00 20.00 M 20.00 50.00 Z 0 _11,2628 a 112627 24 25 26 3 8 20 21 22 2 112629 112626 50.00 50.00 100.00 50.00 112688: 112687 112588 112686 $� R Q 3 50.00 July 11, 2017 Consider a request for the abandonment of a portion of the West Euclid cul-de-sac located at 3650 W. Euclid Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager C) /3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 11, 2017 REQUESTED ACTION: Consider a request for the abandonment of a portion of the West Euclid cul-de-sac located at 3650 W. Euclid Street. BACKGROUND J. C. Modica is requesting an abandonment of a portion of the cul-de-sac for the Euclid Street right-of-way, located at 3650 W. Euclid Street. This portion of Euclid Street was never developed and this portion of the platted cul-de-sac is unused. Mr. Monica states that this abandonment will allow him to square up the property he purchased to the north. At a Joint Public Hearing held on June 19, 2017, the Planning Commission recommended 7:0 to approve a request for the abandonement of a portion of West Euclid cul-de-sac located at 3650 W. Euclid Street. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY ` OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE) OR RIGHT-OF-WAY BUT RETAIN UTILITY EASEMENT. NAME OF APPLICANT: J C . i% y/ GA PHONE�(u j '7(fI 3G 3 FAX: V U AUTHORI-T-Y OF APPLICANT: NAME OF OWNER: , ( , C • J G • m v_Q. /'Vl G /J%C✓� ADDRESS: alp 15' GtA5Yzk(r-raj 6I -L/b PHONE: F. ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATI'"ON) DESCRIPTION OF ROW OR UE TO BE ABANDONED: /�J PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) - ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. /o BLOCK NO. Y ADDITION e AeV6712 1�R�1�`-� OR TRACT PLAT SURVEY ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF APPLICANT: DATE: .5.3 PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 FAX (409) 880-3133 RECEIPT NUMBER: APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: 6'�,- 3 - ;'L& 1-7 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment Of hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned OWNER and ADDRESS Lot Block T- (tract) (tax plat) (survey) 6iYJ� % 777vS Addition NOTE: Please print or type your name and then use signature. Separate sheets may be used. CmvE2 *-Ee4C&- This property is at a dead end street about a tenth of a block long. There is one occupied Home on this street and one House which has had no utilities for a long time that I know of, and it is at this time not occupied. I bought the property in question at the Jefferson Cnty Sheriff Sale ,AS IS, April 4, 2017 WITHOUT ANY SURVEY. The City of Bmt shows a Cul De Sac that goes into my property 0.05 acre (2178 sq ft) THERE HAS NOT BEEN a CUL DE SAC THERE FOR OVER 50 YEARS. I'M asking the city of BMT. for an ABANDONMENT of the 0.05 acre (2178 sq ft) so I can square up my lot that I bought at the SHERIFF SALE, which adjoins the rest of my property. I -./:1z14Wtol% a C. MODICA 3615 Washington Blvd Beaumont, TX 77705 (409) 781-3633 ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE WEST EUCLID CUL-DE-SAC RIGHT-OF-WAY AT 3650 W. EUCLID STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, J.C. Modica has requested the abandonment of a portion of the West Euclid cul-de-sac right-of-way at 3650 W. Euclid Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said right-of-way is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED 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 a portion of the West Euclid cul-de-sac right-of-way at 3650 W. Euclid Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. File 872 -OB: A request for the abandonment of a portion of the West Euclid cul-de-sac. Applicant: J.C. Modica Location: The 3600 block of W. Euclid Street 0 100 200 1 1 1 I Feet PREPARED BY. B -LINE SURVEYORS INC. m-" AALEA q1Q 04/14/17 FMrI.P. COPYRIGHT 2017 ccs lvJ4 NIA / --\ AfAl 17-178 �t+o N/A \ woSURVb-RWATMCNOW-AM LOTS Pa IM -0 orwoerxnui (4I US4Mbsal§l@ydmmn SURVEYED FOR: MM xlGEMAAGN NW.1010On 3690 WEST E ICUD STREET BFAUMONT. TEXAS 77705 1•' / / I LOT SURVEY COMPLETED WITHOUT TITLE COMMITMENT, / LOT 3 NO BUILDING UNE OR EASEMENTS SHOWN. L J.D. MCCLENAN DO HEREBY CETHAT TH5 TRU 5 A E AND ACCURATE PLAT FND 3/B' IR / FND 314' I.P. OP A SURVEY MADE UNDER MY SUPEBVWON. ON THE GROUND, OF LOT la NB9•5436T PND 177 LR BLACK 7, CARVER TERRACE, RECORDED N VOLUME 7. PAGE 41 AMP RECORDS OF JBITBSONCOUNIY. TEXAS AND SHOWM ALL VRSLBLE I PROVEME NIS (PLAT- LOT 4 IMMON. THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT AS SHOWN HEREON. MM ARE NOVEWNSOF04CROACHMOMATTHE7WOF w� LSRL THE SURVEY ELCEPTAS SHOWN. USE OF THIS SURVEY FOR ANY OTHER PURPOSE �.• OR BY ANY OTHER PARTIES 5 ATTHEER OWN REK AND THE UNDE SMW SURVEYOR lS NOT RBPORNSIBLE FOR ANY LOSS RESULTING TttEREFROM 1� I ® L ® 0 K 7 O F - / �LATS 1 1� I LOTS �P�'�GI�Tf Y / G•O0 LOT 10 C, \ 1 I.�s AURES I LOTS LOT Cl A� cI cuenl �• n.os. • g/ 1/" OW SURN,r LNETABLE UNE I L94M BEAM Ll 23.99 W4-nM L2 14D7 S42-AD4W / ETIs A13LI SET I rl IJt. RPLS 2612 C3.05 AORZ SET 1/2' IR LOT 6 A-liffut. / S89°,(WE Ll RPIS 2512 FND 1/a LR 589.40'38'E SBr4038'E FND IM LR /RPts2at2 / I SET1/2'IL 105.71' RPlS2at2 �ar )Putti bOJ10) Q�//ES�j° 2�C��® STREET C/ u E u / Lori /SLC pip 60' Ro®o VG co o / PINCH® ""' FND I/2"IJR. NW, O'141V278A7 PLAT-200.Wj FND 1/Y LR A6G PIPE I d CURVETABLE / d CURVE L112n RADR13 CHORD R4Fo LOTS LOT 4 LOT 3 LOT 1 � j • Cl 11270 60.W N83°29'10W.96M �� ��� I d Lar9 I LATE Lan Lora I ® L ® 0 K d / I I LOT2 / I FNO 314' I.P. FND PINCHED PIPE EAST 665.90 (REt:RB4CE LIEARR4R2) (PUT�563A0) IN CONCRETE July 11, 2017 Consider a request to abandon a 6' wide utility easement along Sulphur Plant Road BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City M, l) Chris Boone, Plannii July 11, 2017 Consider a request tc Sulphur Plant Road. BACKGROUND Natgasoline, LLC, has requested the abandonment of the 6' wide utility easement located along Sulphur Plant Road, just east of the Beaumont City Limit line. The easement was a for a water line. Due to the privatization of Sulphur Plant Road by Natgasoline and Martin Gas security, this portion of the easement is no longer needed. Abandonment of the easement would allow much needed access by Martin Gas for maintenance purposes. A new water meter, outside the privatized area, has been provided in the remaining portion of the easement. At a Joint Public Hearing held on June 19, 2017, the Planning Commission recommended 7:0 to approve a request to abandon a 6' wide utility easement along Sulphur Plant Road. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE) OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. NAME OF APPLICANT: Natgasoline LLC ' • E:�c3�aI�Z�SQi � • AUTHORITY OF APPLICANT: Owner NAME OF OWNER: NaWasoline LLC PHONE: (832) 301-1509 F ADDRESS: 9 Greenway Plaza, Suite 800 - Houston. Texas 77046 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: 6' wide utility easement along Sulphur Plant Road PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) Water Line ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR TRACT Tract V BLOCK NO. ADDITION PLAT SURVEY Pelham Humphries, Abstract No. 32 ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIIv1ENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY SIGNATURE OF APPLICANT: PLEASE TYPE OR PRINT FILE NUMBER: DATE RECEIVED: THE ABOVE INFORMATION IS TRUE AND CORRECT. .TE: Z-.7 61,( 7 CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date:�?•(��/? We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of ira, h/ia& Wk s/ cgse..unt JaLI, Sc,l�lr„i PJAJ 21 hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey) Natgasoline LLC NOTE: Please print or type your name and then use signature. Separate sheets may be used. SIGMA ENGINEERS, INC. o ENGINEERS & DESIGNERS 4099 Calder Avenue • Beaumont, Texas 77706 • (409) 898-1001 • Fax (409) 898-3420 TBPE Registration F-003645 LAPELS Registration 4929 Alberta, Canada P-11246 May 26, 2017 Chris Boone Planning and Zoning Commission City of Beaumont 801 Main St. Beaumont, Tx 77701 Re: Water Line Easement Abandonment Natgasoline Methanol Facility Beaumont, `Texas Dear Mr. Boone: Natgasoline requests to abandon the easement for the water line located along Sulphur Plant Road in accordance with the enclosed survey. The line currently services the existing meter for Martin Gas Services facility as well as four fire hydrants along Sulphur plant road. Portions of the existing easement are located within the battery limits of the new Natgasoline facility. Sulphur Plant Road has been privatized and access is controlled by Natgasoline and Martin Gas security. WNatgasoline proposes to install two new meters on the south end of Sulphur Plant Road. One meter will provide service for Natgasoline and the other meter will provide service to Martin Gas as well as the existing fire hydrants. After installation of these meters, Natgasoline will relocate the existing line outside of their facility along Sulfur Plant Road. This will allow Martin Gas access to the line for maintenance purposes. An easement for the new water meters has been provided, and the existing easement upstream of the meters will remain. Please feel free to contact me if you have any questions or need additional information. On behalf of Natgasoline, 7Sigm7aines, Inc. Devin Jones 51- E. Engineering Manager Enclosure ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 6' WIDE UTILITY EASEMENT ALONG SULPHUR PLANT ROAD JUST EAST OF THE BEAUMONT CITY LILMIT LINE, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Natgasoline, LLC has applied for an abandonment of a 6' wide utility easement along Sulphur Plant Road just east of the Beaumont city limit line, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the utility easement is no longer necessary for utility purposes and the abandonment of said utility easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED 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 a 6' wide utility easement along Sulphur Plant Road just east of the Beaumont city limit line, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a center line description, for water line easement abandonment purposes, out of the Pelham Humphries League, Abstract No. 32, Jefferson County, Texas; being part of a (Called 191.13 1) acre tract of land, known as Tract V, described in a deed to Natgasoline Land Holding, LLC, recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; being that portion of a 6' wide water line easement to the City of Beaumont, recorded in File No. 2003009125, Official Public Records, Jefferson County, Texas, that lies Northeast of a 0.0138 acre tract of land, for water meter easement purposes, surveyed by Anthony M. Leger on March 20, 2017; said 6' wide water line easement being more particularly described by center line as follows, to wit: Note: Bearings, distances, coordinates and acreage are based on Texas Coordinate System of 1983, South -Central Zone, US Survey Feet. Referenced to SmartNet, North America. COMMENCING at a 5/8" steel rod in concrete, found on the Northeast right of way line of State Highway No. 347, for the Southwest corner of a (Called 2.82) acre tract of land described in a deed to C. M. Mid -County Properties, LLC, recorded in File No. 2007044127, Official Public Records, Jefferson County, Texas, and the Northwest corner of a (Called 4.634) acre tract of land known as Tract II, described in a deed to Natgasoline Land Holding, LLC, recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; said rod in concrete having Coordinates of N: 13955686.71, E: 3532489.38; from which a %" steel pipe in concrete, found, bears South 46 deg., 52 min., 43 sec., East, a distance of 337.07'; THENCE, North 74 deg., 39 min., 46 sec., East, a distance of 692.95' to a 5/8" steel rod found for an angle point on the common line of a (Called 4.28) acre tract of land, known as Parcel No. 240-E (part 2), described in a judgment in favor of the State of Texas, recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas and the (Called 191.13 1) acre tract; THENCE, South 61 deg., 33 min., 40 sec., East, a distance of 151.41' to a point for the most Westerly corner of the (Called 0.0138) acre tract; THENCE, North 51 deg., 56 min., 26 sec., East, a distance of 30.00' to a point for the most Northerly corner of the (Called 0.0138) acre tract; THENCE, South 38 deg., 03 min., 34 sec., East, on the Northeasterly line of the (Called 0.0138) acre tract, a distance of 13.49' to the POINT OF BEGINNING of the herein described centerline; said point having Coordinates of N: 13955805.77, E: 3533322.73; THENCE, the following bearings and distances on the center line of said 6' wide water line easement; North 65 deg., 08 min., 36 sec., East (Called North 68 deg., 34 min., 40 sec., East), a distance of 4.92'; North 63 deg., 14 min., 09 sec., East (Called North 66 deg., 40 min., 13 sec., East), a distance of EXHIBIT "A" 22.54'; North 64 deg., 05 min., 50 sec., East (Called North 67 deg., 31 min., 54 sec., East), a distance of 34.30'; North 64 deg., 31 min., 13 sec., East (Called North 67 deg., 57 min., 17 sec., East), a distance of 66.38'; North 66 deg., 04 min., 08 sec., East (Called North 69 deg., 30 min., 12 sec., East), a distance of 79.18'; North 72 deg., 47 min., 25 sec., East (Called North 76 deg., 13 min., 29 sec., East), a distance of 24.86'; North 74 deg., 30 min., 21 sec., East (Called North 77 deg., 56 min., 25 sec., East), a distance of 24.80'; North 74 deg., 40 min., 22 sec., East (Called North 78 deg., 06 min., 26 sec., East), a distance of 25.00'; North 76 deg., 49 min., 08 sec., East (Called North 80 deg., 15 min., 12 sec., East), a distance of 24.80'; North 76 deg., 19 min., 48 sec., East (Called North 79 deg., 45 min., 52 sec., East), a distance of 24.67'; North 77 deg., 23 min., 19 sec., East (Called North 80 deg., 49 min., 23 sec., East), a distance of 25.15'; North 74 deg., 37 min., 38 sec., East (Called North 78 deg., 03 min., 42 sec., East), a distance of 24.65'; North 76 deg., 32 min., 28 sec., East (Called North 79 deg., 58 min., 32 sec., East), a distance of 24.94'; North 75 deg., 26 min., 41 sec., East (Called North 78 deg., 52 min., 45 sec., East), a distance of 98.72'; North 72 deg., 37 min., 13 sec., East (Called North 76 deg., 03 min., 17 sec., East), a distance of 28.13'; North 69 deg., 12 min., 35 sec., East (Called North 72 deg., 38 min., 39 sec., East), a distance of 75.65'; North 69 deg., 12 min., 35 sec., East (Called North 72 deg., 38 min., 39 sec., East), a distance of 1.65'; South 57 deg., 23 min., 48 sec., East (Called South 53 deg., 57 min., 44 sec., East), a distance of 10.40'; South 57 deg., 23 min., 48 sec., East (Called South 53 deg., 57 min., 44 sec., East), a distance of 9.63'; South 58 deg., 15 min., 59 sec., East (Called South 54 deg., 49 min., 55 sec., East), a distance of 31.32'; South 62 deg., 07 min., 11 sec., East (Called South 58 deg., 41 min., 07 sec., East), a distance of 14.66'; South 87 deg., 33 min., 01 sec., East (Called South 84 deg., 06 min., 57 sec., East), a distance of 7.71'; North 54 deg., 58 min., 30 sec., East (Called North 58 deg., 24 min., 34 sec., East), a distance of 7.18'; North 41 deg., 09 min., 40 sec., East (Called North 44 deg., 35 min., 44 sec., East), a distance of 293.98'; North 05 deg., 31 min., 20 sec., East (Called North 08 deg., 57 min., 24 sec., East), a distance of 10.83'; North 19 deg., 58 min., 25 sec., West (Called North 16 deg., 32 min., 21 sec., West), a distance of 8.54'; North 28 deg., 23 min., 20 sec., West (Called North 24 deg., 57 min., 16 sec., West), a distance of 5.66'; North 28 deg., 23 min., 53 sec., West (Called North 24 deg., 57 min., 49 sec., West), a distance of 2.42'; North 55 deg., 36 min., 43 sec., East (Called North 59 deg., 02 min., 47 sec., East), a distance of 50.45'; North 55 deg., 47 min., 38 sec., East (Called North 59 deg., 13 min., 42 sec., East), a distance of 99.87'; North 46 deg., 00 min., 58 sec., East (Called North 49 deg., 27 min., 02 sec., East), a distance of 87.94'; North 40 deg., 29 min., 58 sec., East (Called North 43 deg., 56 min., 02 sec., East), a distance of 149.74'; North 42 deg., 02 min., 29 sec., East (Called North 45 deg., 28 min., 33 sec., East), a distance of 248.57'; North 41 deg., 55 min., 14 sec., East (Called North 45 deg., 21 min., 18 sec., East), a distance of 56.80'; North 42 deg., 55 min., 19 sec., East (Called North 46 deg., 21 min., 23 sec., East_), a distance of 133.94'; North 41 deg., 14 min., 53 sec., East (Called North 44 deg., 40 min., 57 sec., East), a distance of 131.38'; North 42 deg., 36 min., 26 sec., East (Called North 46 deg., 02 min., 30 sec., East), a distance of 89.35'; North 41 deg., 58 min., 44 sec., East (Called North 45 deg., 24 min., 48 sec., East), a distance of 285.46'; North 42 deg., 00 min., 52 sec., East (Called North 45 deg., 26 min., 56 sec., East), a distance of 70.76'; North 41 deg., 50 min., 39 sec., East (Called North 45 deg., 16 min., 43 sec., East), a distance of 79.99"; North 42 deg., 27 min., 11 sec., East (Called North 45 deg., 53 min., 15 sec., East), a distance of 72.59'; North 41 deg., 42 min., 58 sec., East (Called North 45 deg., 09 min., 02 sec., East), a distance of 91.23'; North 42 deg., 22 min., 45 sec., East (Called North 45 deg., 48 min., 49 sec., East), a distance of 110.48'; North 41 deg., 58 min., 15 sec., East (Called North 45 deg., 24 min., 19 sec., East), a distance of 89.12'; North 41 deg., 57 min., 43 sec., East (Called North 45 deg., 23 min., 47 sec., East), a distance of 101.66'; North 41 deg., 57 min., 43 sec., East (Called North 45 deg., 23 min., 47 sec., East), a distance of 3.19'; North 47 deg., 50 min., 00 sec., West (Called North 44 deg., 23 min., 56 sec., West), a distance of 3.51'; North 47 deg., 50 min., 00 sec., West (Called North 44 deg., 23 min., 56 sec., West), a distance of 58.81'; THENCE, North 51 deg., 32 min., 24 sec., West (Called North 48 deg., 06 min., 20 sec., West), a distance of 9.56' to the POINT OF TERMINATION and being 3,037.07' in total length; being the intent of this description to include all portions of said 6' wide water line easement located Northeast of said 0.0 13 8 acre tract. This description is based on the Land Title Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on March 20, 2017. c' �( ��i: + _ �•�^ est 3 3. t f� dy_ s C - x4 v .- L�y r� tr - � •�j 0 July 11, 2017 Consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 950 Washington Blvd. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director J MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 950 Washington Blvd. BACKGROUND On February 25, 2014, City Council passed Resolution No. 14-043 accepting the bid submitted by Wheeler Commercial formerly known as NAI Wheeler for an annual contract for real estate broker services to list and sell City -owned property. Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing city -owned property located at 950 Washington Blvd. The subject property is listed at $675,000 and has been on the market for 540 days. After reviewing the Earnest Money Contract, it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with Rigues Unlimited, LLC with a cash offer in the amount of $589,000.00. Rigues Unlimited, LLC will deposit $29,450.00 as earnest money to Texas Regional Title for a feasibility period of 60 days. If Rigues Unlimited, LLC terminates the earnest money contract, $1,000.00 of the earnest money will not be refunded to Rigues Unlimited, LLC. The date of closing will be held on or before August 18, 2017. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 401�A TEXAS ASSOCIATION OF REA1 TORSO COMMERCIAL CONTRACT - IMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCWTI N OF REALTORS® IS NOT AUTHORIZED. 40rexas Association of REALTORS®, Inc. 201 1. PARTIES: Seller agrees to sell and convey to Buyer the Propert described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragi aph 3. The parties to this contract are: Seller: City of Beaumont Address: 801 Main Street Beaumont TX 77701 Phone: (409)880-3152 E-mail: ahard beaum nttexas. ov Fax: Other: Buyer: Ri ues Unlimited LLC an Arizona limited liability cor ioration Address: PO Box 90207 Houston TX 77290 Phone: (928)713-8717 E-mail: trini ilot2 ma Isom Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Jefferson County, Texas at 950 Washinaton Boulevard Beaui nont,TX 77701 (address) and that is legally described on the attached Exhibit or as follows: Being all of Lots 8 thru 21, Block 86 of the Cartwright Add tion as recorded in Volume 1, Page 137 of the Map Records of Jefferson County, Texas, and ots 1 thru 7, Block 7 of the Arlington Addition as recorded in Volume 1, Page 70 of said Map R cords. B Seller will sell and convey the Property together with: (1) all buildings, improvements, and fixtures; (2) all rights, privileges, and appurtenances pertaining to the interest in any minerals, utilities, adjacent streets, alleys, 6 (3) Seller's interest in all leases, rents, and security deposits f (4) Seller's interest in all licenses and permits related to the P (5) Seller's interest in all third party warranties or guaranties, any fixtures; (6) Seller's interest in any trade names, if transferable, used it (7) all Seller's tangible personal property located on the Prc Property's operations except: Any personal property not included in the sale must be rer (Describe any exceptions, reservations, or restrictions in Parag (if mineral rights are to be reserved an appropriate addendum (if the Property is a condominium, attach Commercial Contract operty, including Seller's right, title, and )s, gores, and rights-of-way; all or part of the Property; ... ., 1 transferable, relating to the Property or connection with the Property; and iertv that is used in connection with the oved by Seller prior to closing. 12 or an addendum.) 9 be attached.) lominium Addendum (TAR -9930).) 3. SALES PRICE: At or before closing, Buyer will pay the following s�les price for the Property: A. Cash portion payable by Buyer at closing ................. B. Sum of all financing described in Paragraph 4 ............. C. Sales price (sum of 3A and 3B) ........................ (TAR -1801)1-1-16 Initialed for Identification by Seller and Wheeler Commercial, 470 Orleans Stm4 12th Floor Beaumont, TX 77701 Erica Cms Produced with zipForm® by ziploglx 18070 Fifteen Mile Road. Fraser. .......... $ 589,000.00 �.........$ ......... $ 589,000.00 yer " Page 1 of 14 409409-3300 Fax: 4094879-3301 950 Washington - i www.rloLoolx.com Commercial Contract - Improved Property concerning 4. FINANCING: Buyer will finance the portion of the sales price and r Paragraph 313 as follows: ❑ A. Third Party Financing: One or more third party loans in the toti il amount of $ This contract: ❑(1) is not contingent upon Buyer obtaining third party financin . (2) is contingent upon Buyer obtaining third party finaning in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial c Buyer will assume the existing promissory note secured by be $ ❑ C. Seller Financing: The delivery of a promissory note and dE terms of the attached Commercial Contract Financing $ 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must der with Texas Regional Title Company at 7675 Folsom, Bldg. 100 Beaumont, TX 77706 (address If Buyer fails to timely deposit the earnest money, Seller may Seller's other remedies under Paragraph 15 by providing writ the earnest money. B. Buyer will deposit an additional amount of $ part of the earnest money on or before: (i) days after Buyer's right to terminate under Paragr (ii) Buyer will be in default if Buyer fails to deposit the addition within 3 days after Seller notifies Buyer that Buyer has not timely C. Buyer may instruct the title company to deposit the earnest 1 federally insured financial institution and to credit any interest) 6. TITLE POLICY, SURVEY, AND UCC SEARCH: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner issued by any underwriter of the title company in the ai closing, insuring Buyer against loss under the title policy, (a) those title exceptions permitted by this contract or as (b) the standard printed exceptions contained in the pi contract provides otherwise. -act Financing Addendum (TAR -1931), Property, which balance at closing will of trust from Buyer to Seller under the .ndum (TAR -1931) in the amount of )sit $ $29,450.00 as earnest money (title company) Molly Mallet (closer). terminate this contract or exercise any of en notice to Buyer before Buyer deposits with the title company to be made h 7B expires; or rl amount required by this Paragraph 513 deposited the additional amount. ney in an interest-bearing account at a Buyer. Policy of Title Insurance (the title policy) )unt of the sales price, dated at or after abject only to: ay be approved by Buyer in writing; and nulgated form of title policy unless this (2) The standard printed exception as to discrepancies, co flicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: X (a) will not be amended or deleted from the title policy. (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 30 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded do uments evidencing title exceptions. Seller authorizes the title company to deliver the commitment nd related documents to Buyer at Buyer's address. (TAR -1801)1-1-16 Initialed for Identification by Seller aBuyer , Page 2 of 14 Produced with zipForn* by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 4 B uywzloLoaix.mm 950 Washington - Commercial Contract - Improved Property concerning B. Survev:Within 30 days after the effective date: ❑ (1) Buyer will obtain a survey of the Property at Buyer's exl Seller. The survey must be made in accordance with standards, or (ii) Texas Society of Professional Survey under the appropriate condition. Seller will reimburse Buy( amount) of the cost of the survey at closing, if closing oca e and deliver a copy of the survey to : (i) ALTA/ACSM Land Title Survey standards for a Category 1A survey {insert ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of tie Property dated after the effective date. The survey must be made in accordance with the: (i) AL A/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Buyer XQ (3) Seller will deliver to Buyer and the title company a true and correct copy of eller's most recent survey of the Property along with an affidavit required y the title company or approval of the Buyer's existing survey. If the existing survey is not acceptableto the title company, at Gelie#9 expense, will obtai a new or updated survey acceptable to the title com any and deliver the Seller acceptable survey t $ayes—and the title company within 20 days after receives notice that Buyer the existing survey is not acceptable to the title compan . The closing date will be extended daily up to 20 days if necessary for £effer-to deliver an acceptable survey within the time required. E+tyef Buyer C. UCC Search: ❑ (1) Within days after the effective date, Seller, at Sell is expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting 3ervice and dated after the effective date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all per 5onal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. ❑X (2) Buyer does not require Seller to furnish a UCC search. D. Buver's Obiections to the Commitment. Survev. and UCC (1) Within 10 days after Buyer receives the commitmen title exceptions, any required survey, and any required I disclosed in the items if: (a) the matters disclosed are a r defect or encumbrance to title to the real or personal pro those permitted by this contract or liens that Seller will closing; or (b) the items show that any part of the Props "A" or "V" zone as defined by FEMA). If Paragraph 6B(1 survey on the earlier of. (i) the date Buyer actually receive in Paragraph 6B. copies of the documents evidencing the DC search, Buyer may object to matters ,triction upon the Property or constitute a arty described in Paragraph 2 other than itisfy at closing or Buyer will assume at y lies in a special flood hazard area (an applies, Buyer is deemed to receive the the survey; or (ii) the deadline specified (2) Seller may, but is not obligated to, cure Buyer's time objections within 15 days after Seller receives the objections. The closing date will be extend ad as necessary to provide such time to cure the objections. If Seller fails to cure the objections I y the time required, Buyer may terminate this contract by providing written notice to Seller within E days after the time by which Seller must cure the objections. If Buyer terminates, the earnest m ney, less any independent consideration under Paragraph 713(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Pragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements i Schedule C of the commitment. (TAR -1801) 1-1-16 Initialed for Identification by Seller an Buyer , Page 3 of 14 Produced vdlh zipForrn® by zipLogix IWO Mean Moe Road. Fraser, Michigan 480 6 x�9lyzloLoalx.cam 950 Washington - Commercial Contract - Improved Property concerning 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its expense, will complete the following before closing: _ condition except that Seller, at Seder's B. Feasibility Period: Buyer may terminate this contract for any r ason within 60 days after the effective date (feasibility period) by providing Seller written no ice of termination. (Check only one box.) 5 (1) If Buyer terminates under this Paragraph 713, the earne t money will be refunded to Buyer less $ 1,000.00 that Seller will retain as indepen ent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent cc nsideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the s le. If no dollar amount is stated in this terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must ay Seller $ as independent consideration for Buyer's right to terminat by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph B, the earnest money will be refunded to Buyer and Seller will retain the independent considerate n. The independent consideration will be credited to the sales price only upon closing of the s le. If no dollar amount is stated in this richt to terminate under this Paragraph 7B. C. Inspections. Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, imay complete or cause to be completed any and all inspections, studies, or assessments of the roperty (including all improvements and fixtures) desired by Buyer. (2) Seller, at Seller's expense, will turn on all utilities or assessments. (3) Buyer must: (a) employ only trained and qualified inspectors and ass (b) notify Seller, in advance, of when the Inspectors or a (c) abide by any reasonable entry rules or requirements (d) not interfere with existing operations or occupants of (e) restore the Property to its original condition if assessments that Buyer completes or causes to be c for Buyer to make inspections, studies, will be on the Property; Seller; Property; and tered due to inspections, studies, or (4) Except for those matters that arise from the negligen a of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within days Buyer: (Check all that apply.) (TAR -1801)1-1-16 Initialed for Identification by Seller f Produced with zipForm® by zipLogix 18070 Fifteen Moe Road. Fraser. Michigan 4 the effective date, Seller will deliver to Buyer Q. , Page 4 of 14 950 W.W.Cton - Commercial Contract- Improved Property concerning950 o d 7 ❑(a) a current rent roll of all leases affecting the Property c ified by Seller as true and correct; (b) copies of all current leases pertaining to the Property, ncluding any modifications, supplements, or amendments to the leases; ❑ (c) a current inventory of all personal property to be cc any leases for such personal property; ❑ (d) copies of all notes and deeds of trust against the Pro will not pay in full on or before closing; ❑ (e) copies of all current service, maintenance, and r ownership and operation of the Property; (f) copies of current utility capacity letters from the Prope (g) copies of all current warranties and guaranties relatinc (h) copies of fire, hazard, liability, and other insurance pol (i) copies of all leasing or commission agreements that of the Property; H (j) a copy of the "as -built" plans and specifications and pl (k) copies of all invoices for utilities and repairs incurred immediately preceding the effective date; ❑ (1) a copy of Seller's income and expense statement for t to (m) copies of all previous environmental assessments, made on or relating to the Property; (n) real & personal property tax statements for the Prop (o) Tenant reconciliation statements including, operati Property from to (p) (2) Return of Property Information: If this contract terminate 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragr2 other than an electronic format and all copies that Bu, ❑X (b) delete or destroy all electronic versions of those item delivered to Buyer or Buyer copied; and ❑X (c) deliver copies of all inspection and assessment re completed or caused to be completed. This Paragraph 7D(2) survives termination of this contrac under this contract and copies of erty that Buyer will assume or that Seller ent agreements relating to the :y's water and sewer service provider; to all or part of the Property; :ies that currently relate to the Property; irrently relate to the tenants of all or part of the Property; Seller for the Property in the 24 months Property from reports, studies, or analyses for the previous 2 calendar years; and expenses, insurance and taxes for the ; and for any reason, Buyer will, not later than i 7D(1) that Seller delivered to Buyer in r made of those items; described in Paragraph 7D(1) that Seller related to the Property that Buyer E. Contracts Affecting Operations: Until closing, Seller: (1) will perate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the, Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the tit ne Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations un er the leases; (2) any circumstances under any lease that entitle the tenani to terminate the lease or seek any offsets or damages; (TAR -1 801) 1-1-16 Initialed for Identification by Seller an J Buyer Page 5 of 14 Produced wllh ApForm® by ApLogix 18070 Fifteen Mile Road, Fraser. Michigen 4 6 .2jQLoa1x.com 950 Wasbingson - Commercial Contract - Improved Property concerning (3) any non -occupancy of the leased premises by a tenant; (4) any advance sums paid by a tenant under any lease; (5) any concessions, bonuses, free rents, rebates, brokerage any lease; and (6) any amounts payable under the leases that have been as for loan(s) assumed or taken subject to under this contracl issions, or other matters that affect or encumbered, except as security B. Estoppel Certificates: Within days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space in the Property. The estoppel certificates must include the cer ifications contained in the current version of TAR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker: KenWheel, Inc. dba Wheeler Cooperating Commercial Agent Erica C. Goss Address: 470 Orleans Street, 12th FL Beaumont, TX 77701 Phone & Fax: (409)899-3300 (409)899-3301 E-mail: egoss0i)-wheeler-commercial.com License No.: 579943 Agent SI Address: Phone & Fax: E-mail: shani License No.:'. : Shani Daigle dba Champions Realty Principal Broker: (Check only one box.) Cooperatinc Broker represents Buyer. X represents Seller only. represents Buyer only. is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 14 only (1) is selected.) ❑ (1) Seller will pay Principal Broker the fee specified by 3eparate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parti ' signatures to this contract. ❑X (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: ❑X 3.000 % of the sales price. The cash fees will be paid in Jefferson the title company to pay the brokers from the Seller's pro NOTICE. Chapter 62, Texas Property Code, authorizes with a lien against the Property. (TAR -1801)1-1-16 Initialed for Identification by Seller Produced MAh zipForm® by zipLogix 18070 Fifteen Me Road, Fraw, Mirldgan Broker a total cash fee of: 30 % of the sales price. County, Texas. Seller authorizes ads at closing. broker to secure an earned commission Buyerlc , www.zloLoOix.eom Page 6 of 14 950 wasbi.gW. - Commercial Contract - Improved Property concerning C. The parties may not amend this Paragraph 9 without the amendment. 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or (1) days after the expiration of the feasibility X August 18, 2017 (specific date). (2) 7 days after objections made under Paragraph 6D have b B. If either party fails to close by the closing date, the non-defE Paragraph 15. C. At closing, Seller will execute and deliver to Buyer, at Seller's deed. The deed must include a vendor's lien if any part of ti convey good and indefeasible title to the Property and show under Paragraph 6 or other provisions of this contract. Seller (1) with no liens, assessments, or Uniform Commercial Co Property which will not be satisfied out of the sales price, (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Prop( trespassers except tenants under the written leases assig D. At closing, Seller, at Seller's expense, will also deliver to Buy( (1) tax statements showing no delinquent taxes on the Prope (2) a bill of sale with warranties to title conveying title, fre property defined as part of the Property in Paragraph 2 or (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an e as they relate to the Property or its operations: (a) licenses and permits; (b) maintenance, management, and other contracts; and (c) warranties and guaranties; (5) a rent roll current on the day of the closing certified by Sel. (6) evidence that the person executing this contract is legally (7) an affidavit acceptable to the title company stating that a foreign person, a written authorization for the title com an amount sufficient to comply applicable tax law; a Revenue Service together with appropriate tax forms; an (8) any notices, statements, certificates, affidavits, release contract, the commitment, or law necessary for the closi policy, all of which must be completed and executed by S E. consent of the brokers affected by the the later of: cured or waived. Iting party may exercise the remedies in pense, a ❑ general FX special warranty sales price is financed. The deed must exceptions other than those permitted ist convey the Property: or other security interests against the ess securing loans Buyer assumes; as lessees, tenants at sufferance, or to Buyer under this contract. and clear of all liens, to any personal Ad under this contract; ssignment to Buyer of the following items as true and correct; pable and authorized to bind Seller; er is not a foreign person or, if Seller is iy to: (i) withhold from Seller's proceeds (ii) deliver the amount to the Internal and other documents required by this of the sale and the issuance of the title Her as necessary. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title c rr (2) deliver evidence that the person executing this contract is Buyer; (3) sign and send to each tenant in the Property a written sta er (a) acknowledges Buyer has received and is responsible of (b) specifies the exact dollar amount of the security depo it; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificat s contract or law necessary to close the sale. n Buyer �' ` www.zinLocix.com 1—ly, legally capable and authorized to bind lent that: the tenant's security deposit; and or other documents required by this (TAR -1801)1-1-16 Initialed for Identification by Seller Produced with ApForm® by zipLogbc 18070 Fifteen Mile Road, Fraser, Michigan Page 7 of 14 950 Washington - Commercial Contract - Improved Property concerning F. Unless the parties agree otherwise, the closing documents III be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms M nual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to B yer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing orb Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at suff rance relationship between the parties. 12. SPECIAL PROVISIONS: The following special provisions apply with other provisions of this contract. (If special provisions are Addendum here and reference the Addendum in Paragraph 22D.; 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before (1) releases of existing liens, other than those liens assumed and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed and any bill of sale; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections tha (7) other expenses that Seller will pay under other provisions B. Buyer's Expenses: Buyer will pay for the following at or be (1) all loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard insurance as may be n (5) one-half of any escrow fee; and (6) other expenses that Buyer will pay under other provisi and will control in the event of a conflict contained in an Addendum, identify the closing: by Buyer, including prepayment penalties Seller must cure; and :)f this contract. closing: by Buyer's lender; of this contract. (TAR -1801)1-1-16 Initialed for Identification by Seller anp Buyer �� , Page 8 of 14 Produced VAth bpForm® by ApLogix 18070 Fifteen Mie Road, Fraser, Mlcftan 4 6 www DLmgix.com 950 Washington - Commercial Contract - Improved Property concerning 44: A. �reratier�s If th—P 81`19-81-1191, Of 6—d V818FBFfl te)E -TL W, WMANXIEF-MMMMM � •nu��•� ��.�csicn�oi C. Rent and Security Deposits: At closing, Seller will tender to B yer all security deposits and the following advance payments received by Seller for periods after c1c sing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party tc whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in defau may terminate this contract and receive the earnest money, except for any damages resulting from Buyer's inspections, Paragraph 7C(4) which Seller may pursue, or (Check if applicable) ❑X enforce specific performance, or seek such other relief as ma B. If, without fault, Seller is unable within the time allowed to del commitment, Buyer may: (1) terminate this contract and receive the earnest money, I Paragraph 713(1), as liquidated damages and as Buyer's (2) extend the time for performance up to 15 days and the cic C. Except as provided in Paragraph 15B, if Seller fails to comp[ Buyer may: (1) terminate this contract and receive the earnest money, Paragraph 7B(1), as liquidated damages and as Buyer's (2) enforce specific performance, or seek such other relief as 16. CASUALTY LOSS AND CONDEMNATION: A. If any part of the Property is damaged or destroyed by fire Seller must restore the Property to its previous condition as than the closing date. If, without fault, Seller is unable to do s (1) terminate this contract and the earnest money, les Paragraph 713(1), will be refunded to Buyer; (TAR -1801) 1-1-16 Initialed for Identification by Seller an Produced with zipForrn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48C and Seller, as Seller's sole remedy(ies), Is liquidated damages for Buyer's failure idies or assessments in accordance with be provided by law. the estoppel certificates, survey or the -s any independent consideration under e remedy; or ng will be extended as necessary. with this contract, Seller is in default and s any independent consideration under remedy; or ay be provided by law, or both. other casualty after the effective date, on as reasonably possible and not later Buyer may: any independent consideration under Buyer Page 9 of 14 www.zlol eaix.cam 950 Washington - Commercial Contract - Improved Property concerning (2) extend the time for performance up to 15 days and closing ill be extended as necessary; or (3) accept at closing: (i) the Property in its damaged conditi n; (ii) an assignment of any insurance proceeds Seller is entitled to receive along with the insur 's consent to the assignment; and (iii) a credit to the sales price in the amount of any unpaid deduc ible under the policy for the loss. B. If before closing, condemnation proceedings are may: (1) terminate this contract by providing written notice to Sell the condemnation proceedings and the earnest money, Paragraph 76(1), will be refunded to Buyer; or (2) appear and defend the condemnation proceedings and to: (a) Seller and the sales price will be reduced by the price will not be reduced. against any part of the Property, Buyer within 15 days after Buyer is advised of ,s any independent consideration under award will, at Buyer's election, belong ie amount; or (b) Buyer and the sales 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceec ing and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any ca s down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closiiig occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the dema d. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the eamest money to the party making demand, reduced by the amount of unpaid expense incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 76(1) before disbursing any earnest money to Buyer and will pay the independent cor sideration to Seller. D. If the title company complies with this Paragraph 18, each pa ty hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified m il, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release ac eptable to the title company within 7 days after receipt of the request will be liable to the other party fo : (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a in accordance with Section 1031 of the Internal Reven connection with the contemplated exchange will be paid by not incur any expense or liability with respect to the exchang in good faith to arrange and consummate the exchange feasible with the provisions of Section 1031 of the Internal F contract will not be affected in the event the contemplated ex (TAR -1801) 1-1-16 Initialed for Identification by Seller Produced with zipForm® by zipLogix 18070 Fifteen Mile Road. Fraser. Michigan art of an exchange of like -kind properties Code, as amended. All expenses in e exchanging party. The other party will The parties agree to cooperate fully and as to comply to the maximum extent +enue Code. The other provisions of this ange fails to occur. Buyer V'`� Page 10 of 14 www2bLooix.00m 950 Washington - Commercial Contract - Improved Property concerning it ��I.���4�11.\may\■i rl��rs�:r�Trsa=c zr�rrrra rrr. ■ \1144\/ 20. NOTICES: All notices between the parties under this contract ust be in writing and are effective when hand -delivered, mailed by certified mail return receipt requeste , or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent NA. Seller also consents to receive any notices by e-mail at Seller s e-mail address stated in Paragraph 1. B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, exe utors, representatives, successors, and permitted assigns. This contract is to be construed in accordince with the laws of the State of Texas. If any term or condition of this contract shall be held to be inva id or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties C. If this contract is executed in a number of identical counted counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Condominium Addendum (TAR -1 (3) Commercial Contract Financing Addendum (TAR -1931); (4) Commercial Property Condition Statement (TAR -1408); (5) Commercial Contract Addendum for Special Provisions I (TAR -1801)1-1-16 Initialed for Identification by Seller Produced with zipForm® by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan may not be changed except in writing. each counterpart is an original and all �R-1940); Buyerm wvnv.zloLoclxcam Page 11 of 14 950 Weiluogi- - Commercial Contract - Improved Property concerning r X (6) Addendum for Seller's Disclosure of Information on Le d -I Hazards (TAR -1906); (7) Notice to Purchaser of Real Property in a Water District (M D); (8) Addendum for Coastal Area Property (TAR -1915); (9) Addendum for Property Located Seaward of the Gulf Intrac ast X (10)Information About Brokerage Services (TAR -2501); and X (11)DD6 Paint and Lead -Based Paint Waterway (TAR -1916); (Note: Counsel for the Texas Association of REALTORS® (TAR) has deter fined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by AR are appropriate for use with this form.) E. Buyer XD may ❑ may not assign this contract. If Buyer ass gns this contract, Buyer will be relieved of any future liability under this contract only if the assig ee assumes, in writing, all of Buyer's obligations under this contract. 23. TIME: Time is of the essence in this contract. The parties req ire strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the the date the title company receipts this contract after all parties 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property exam Buyer should be furnished with or obtain a title policy. of performance of all obligations is this contract. by an attorney of Buyer's selection, or B. If the Property is situated in a utility or other statutorily createi I district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas ater Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bor ded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real propel purchase may be located in a certificated water or sewer provide water or sewer service to the properties in the certil certificated area there may be special costs or charges that receive water or sewer service. There may be a period re necessary to provide water or sewer service to your prop property is in a certificated area and contact the utility servi will be required to pay and the period, if any, that is requiref property. The undersigned purchaser hereby acknowledges the execution of a binding contract for the purchase of the closing of purchase of the real property." The real property is D. If the Property adjoins or shares a common boundary with the state, §33.135, Texas Natural Resources Code, require to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoa Resources Code, requires a notice regarding the seaward part of this contract. F. If the Property is located outside the limits of a municipality, in the extra -territorial jurisdiction (ETJ) of a municipality and by the municipality. Each municipality maintains a map (TAR -1801) 1-1-16 Initialed for Identification by Seller Produced with zlpFormV by zipLoglx 18070 Fifteen We Road, Fraser, Michigan V, described below, that you are about to �rvice area, which is authorized by law to sated area. If your property is located in a ,ou will be required to pay before you can ulred to construct lines or other facilities rty. You are advised to determine if the e provider to determine the cost that you to provide water or sewer service to your eceipt of the foregoing notice at or before sal property described in the notice or at lescribed in Paragraph 2 of this contract. he tidally influenced submerged lands of a notice regarding coastal area property Waterway, §61.025, Texas Natural on of the Property to be included as ie Property may now or later be included iay now or later be subject to annexation at depicts its boundaries and ETJ. To Buyer��, Page 12 of 14 l7d0EL7JQL.4�76lgtp 950 washlagton - Commercial Contract - Improved Property concerning determine if the Property is located within a municipality's EV, Buyer should contact all municipalities located in the general proximity of the Property for further info ation. G. If apartments or other residential units are on the Property an the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statem nt to be made part of this contract. H. Section 1958.154, Occupations Code requires Seller to provi a Buyer a copy of any mold remediation certificate issued for the Property during the 5 years precedinc. the date the Seller sells the Property. I. Brokers are not qualified to perform property inspections, SL assessments, or inspections to determine compliance with 2 Buyer should seek experts to perform such services. BL ordinances and other applicable laws to determine their eff inspectors, and repairmen is the responsibility of Buyer and to determine the credit worthiness of the parties. J. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Pro including a reservoir or lake, constructed and maintained w storage capacity of at least 5,000 acre-feet at the impourift notifies Buyer: `The water level of the impoundment of w various reasons, including as a result of- (1) an entity lawfully in the impoundment; or (2) drought or flood conditions." >ys, engineering studies, environmental ing, governmental regulations, or laws. r should review local building codes, on the Property. Selection of experts, t the brokers. Brokers are not qualified r adjoins an impoundment of water, Chapter 11, Water Code, that has a normal operating level, Seller hereby adjoining the Property fluctuates for -cising its right to use the water stored 26. CONTRACT AS OFFER: The execution of this contract by the fi st party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, ort x consequences of this document or transaction. CONSULT your attorney BEFORE signing. Rigue Unlimited, LLC, an Arizona limited liability Seller: City of Beaumont Buyencorpo ition By: By: By (signature): By (sign ure): MiaV Printed Name: Kyle Hayes Printed N me: Reynard Rigues Title: City Manager Title: Mar ager By: By: By (signature): By (signa ure): Printed Name: Printed N me: Jeanelle Rigues Title: Title: Ma a er (TAR -1801)1-1-16 Produced with OpForm® by zlpLoglx 18070 Mean Mile Road, Fraser, Mkhigan 48088 www.dgLooixcom Page 13 of 14 950 wasltiogtoe - Commercial Contract - Improved Property concerning AGREEMENT BETWEEN B (use only if Paragraph 9B(1) is i Principal Broker agrees to pay fee when the Principal Broker's fee is received. The fee to be paid to $ , or % of the sales price, or % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Br This Agreement Between Brokers supersedes any prior offers an brokers. Principal Broker: Cooperating E (Cooperating Broker) a ng Broker will be: or from Principal Broker's fee at closing. agreements for compensation between By: By ATTORNEYS Sellers attorney: Buyer's attorric y,. Address: Address: Phone & Fax: Phone & Fax: E-mail: t-mau: Seller's attorney requests copies of documents, Buyer's alto ney requests copies of documents, notices, and other information: notices, an other information: 8 the title company sends to Seller. 8the title vompany sends to Buyer. Buyer sends to Seller. Sellers nds to Buyer. The title company acknowledges receipt of: 8 A. the contract on this day B. earnest money in the amount of $ _ on Title company: By: Assigned file number (GF#): ESCROW RECEIPT (effective dte); il the form of Address: Phone & Fax: (TAR-1801)1-1-16Page 14 of 14 Produced with zipFonn® by zipLogix 18070 Fifteen Moe Road. Fraser. Michigan 4I 6 www zipLagh own 950 Nuhketon - APPROVED BY THE TEXAS REAL ESTATE OMMISSION 10-10-11 121k ADDENDUM FOR SELLER'S DISCLOSURE OF INFORMATION SQUALWOUMM ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS trvoaruamr AS REQUIRED BY FEDERAL LAW CONCERNING THE PROPERTY AT 950 Washin ton Blvd Beaumont TX (Street Ac dress and City) A. LEAD WARNING STATEMENT: "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such prope y may present exposure to lead from lead- based paint that may place young children at risk of developing lead Doisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also pose3 a particular risk to pregnant women. The seller of any interest in residential real property is required to prove a the buyer with any information on lead- based paint hazards from risk assessments or inspections in the selk is possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for ossible lead -paint hazards is recommended prior to purchase.' NOTICE: Inspector must be properly certified as required by federal lam. B. SELLER'S DISCLOSURE: 1. PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT F AZARDS (check one box only): ❑ (a) Known lead-based paint and/or lead-based paint hazards are present in the Property (explain): ❑X (b) Seller has no actual knowledge of lead-based paint and/or lea based paint hazards in the Property. 2. RECORDS AND REPORTS AVAILABLE TO SELLER (check one box o ly): ❑ (a) Seller has provided the purchaser with all available rec rds and reports pertaining to lead-based paint and/or lead-based paint hazards in the Property (list document;): ❑X (b) Seller has no reports or records pertaining to lead-based aint and/or lead-based paint hazards in the Property. C. BUYER'S RIGHTS (check one box only): ❑ 1. Buyer waives the opportunity to conduct a risk assessment or i ispection of the Property for the presence of lead-based paint or lead-based paint hazards. ❑X 2. Within ten days after the effective date of this contract, Buyer rr ay have the Property inspected by inspectors selected by Buyer. If lead-based paint or lead-based paint ha ards are present, Buyer may terminate this contract by giving Seller written notice within 14 days after the affective date of this contract, and the earnest money will be refunded to Buyer. D. BUYER'S ACKNOWLEDGMENT (check applicable boxes): 1. Buyer has received copies of all information listed above. X 2. Buyer has received the pamphlet Protect Your Family from Lead In Your Home. E. BROKERS' ACKNOWLEDGMENT: Brokers have informed Seller of Sellerobligations under 42 U.S.C. 4852d to: (a) provide Buyer with the federally approved pamphlet on lea poisoning prevention; (b) complete this addendum; (c) disclose any known lead-based paint and/or lead-based paint hazards in the Property; (d) deliver all records and reports to Buyer pertaining to lead-based paint and/or le ad -based paint hazards in the Property; (e) provide Buyer a period of up to 10 days to have the Property inspected; and (f) retain a completed copy of this addendum for at least 3 years following the sale. Brokers are aware of their esponsibility to ensure compliance. F. CERTIFICATION OF ACCURACY: The following persons have review)d the Information above and certify, to the best of theirnowlle�dge, that the information they have provided is true and c ccurate. Buyer Date Seller Date Reynard Rigues Kyle Hayes Buyer Date Seller Date Jeanelle Rigues Other Broker Date Listing Broker Date Shan! Daigle Erica C. Goss The form of tills addendum nas been approved by the Texas Real Estate commission r w use only wim similarly approved or promulgated fomes of contracts. Such approval relates to this contract form only. TREC forms are ince ided for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any peclfic transactions. It is not suitable for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 512-936 000 (hripJtwww.trec.texas.gov) (TAR 1906) 10-10-11 TREC No. OP -L Wheeler Commercial, 470 Orlam Slree4 12th Floor Beaumont, TX 77701 trove: 409-899-3300 Fax: 409-899-3301 950 Washi.gton - Eria Can Produced with zlpFomr® by zlpLoglx 18070 Mean Mile Road, Fraser, Miehigs 48026 11/2/2015 ;= Information About Brokerage Services �.� Texas law requires all real estate licensees to give the fo lowing information about cpPORn"" brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by sals agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of Ihe broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party at the broker represents): • Put the interests of the client above all others, including the broker's own interests; • Inform the client of any material information about the property or transaction receivec by the broker; • Answer the client's questions and present any offer to or counter-offer from the client; and • Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRAN AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property er's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent byl agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimu duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between agreement of each party to the transaction. The written agreement must state % underlined print, set forth the broker's obligations as an intermediary. A broker who acts • Must treat all parties to the transaction impartially and fairly; • May, with the parties' written consent, appoint a different license holder as buyer) to communicate with, provide opinions and advice to, and carry out the instn • Must not, unless specifically authorized in writing to do so by the party, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a writt, o any coincidental information or any other information that a party disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a buyer. A subagent can assist the buyer but does not represent the buyer and must place a parties the broker must first obtain the written will pay the broker and, in conspicuous bold or an intermediary: I with the broker to each party (owner and of each party to the transaction. offer; and Instructs the broker in writing not to lsaction without an agreement to represent the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOUBE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you, and your obligations under the repre ntation agreement. • Who will pay the broker for services provided to you, when payment will be made an how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for i you to use the broker's services. Please acknowledge receipt of this notice below and KenWheel, Inc. dba Wheeler Commercial 579943 Iwl Licensed Broker /Broker Firm Name or License No. Primary Assumed Business Name Lee Y. Wheeler, III 467055 Ins Designated Broker of Firm License No. Lee Y. Wheeler, III 467055 IWI Licensed Supervisor of Sales Agent/ License No. Associate Erica C. Goss 623539 e Sales AgentlAssociate's Name License No. Buyer/Tenant/Seller/Landlord Initials Regulated by the Texas Real Estate Commission Wheeler Commerdst, 470 Orleans Street, 12th Floor Beaumont. TX 77701 Erica Goss Produced with zipFonn® by zipLogix 18070 Fifteen MOe Road, Fraser ition purposes. It does not create an obligation for a copy for your records. Email (409)899-3300 Phone filer-commercial.com (409)899-3300 Email Phone -ler-commercial.com (409)899-3300 Email Phone :ler-commercial.com (409)899-3300 Email Phone Date Information available at www.trec.texas.gov IABS 1-0 Date hone: 409499-3300 Fax: 409-899-3301 950 Washington - 48028 www.znLeoix.corn 11/2/2015 Information About Brokerage Services Texas law requires all real estate licensees to give the fc flowing information about brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by • A SALES AGENT must be sponsored by a broker and works with clients on behalf A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party • Put the interests of the client above all others, including the broker's own interests; • Inform the client of any material information about the property or transaction receive • Answer the client's questions and present any offer to or counter-offer from the client • Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE agents sponsored by the broker. broker. the broker represents): by the broker; and AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property wner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the prope ty or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER[TENANT: The broker becomes the buyerltenant's agent b agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minim m duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between agreement of each party to the transaction. The written agreement must state M underlined print, set forth the broker's obligations as an intermediary. A broker who acts • Must treat all parties to the transaction impartially and fairly; • May, with the parties' written consent, appoint a different license holder as buyer) to communicate with, provide opinions and advice to, and carry out the instn • Must not, unless specifically authorized in writing to do so by the party, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a writtl o any coincidental information or any other information that a party disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a buyer. A subagent can assist the buyer but does not represent the buyer and must place e parties the broker must first obtain the written will pay the broker and, in conspicuous bold or an intermediary: d with the broker to each party (owner and of each party to the transaction. offer; and instructs the broker in writing not to isaction without an agreement to represent the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOO BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you, and your obligations under the repre ntation agreement. • Who will pay the broker for services provided to you, when payment will be made anT how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for i you to use the broker's services. Please acknowledge receipt of this notice below and Shani Daigle dba Champions Realty 585676 Licensed Broker /Broker Firm Name or License No. Primary Assumed Business Name Shani Daigle 585676 Designated Broker of Firm License No. Licensed Supervisor of Sales Agent/ Associate tion purposes. It does not create an obligation for a copy for your records. IfeOgmail.com (409)363-1887 Email Phone ileAgmail.com (409)363-1887 Email Phone License No. I Email Phone Sales Agent/Associate's Name Q (i License No. Buyer/TenantfSeller/Land lord Initials Regulated by the Texas Real Estate Commission Wheeler Commercial, 470 Orleans Street, 121h Floor Beaumont, TX 77701 Erica Goss Produced with zipFonrAD by zipLogix 18070 Fifteen Mile Road, Fraser, Phone Date Information available at www.tree.texas.gov IABS 1-0 Date hone: 409-899-3300 Fax 409-899-3301 950 Washington - 46026 www.zioLpoix.com NOTICE TO The real property described below, which you are about to chase, is located in Jefferson County Drainage District No. 6. The District has taxing authority separa from any other taxing authority and may, subject to voter approval, issue an unlimited rate of tax in p yment of such bonds. As of this date, the rate of taxes levied by the District on real property located in the District is 22.0587 cents on each $100 of assessed valuation. The total amount of bonds that have been approved by the District (excluding refunding bonds and any bonds or portion c received or expected to be received pursuant to a contract with contract revenue refunding bonds have been approved by the Di; amounts Series 2003 - $4,995,000. The aggregate initial princil payable in whole or part from taxes (excluding refunding bonds ani solely from revenues received or expected to be received pursuant t that have been previously issued is $0, however, the current I refunding bonds outstanding are as follows: Series 2003 Contract The contract revenue refunding bonds are serviced through taxes c4 Funds from maintenance and operating are transferred to debt s payment of the contract revenue refunding bonds. No separate refunding bonds. The District does not impose a standby fee. +oters and which may be issued by the bonds payable solely from revenues governmental entity) is $0; however, rict's Board in the following original tl amount of all bonds of the District any bonds or portion of bonds payable a contract with a governmental entity) incipal amounts of contract revenue revenue Refunding Bonds - $950,000. elected for maintenance and operating. rvice for annual installments toward .ax is collected for contract. revenue The purpose of this District is to provide drainage or flool I control facilities and services within the District through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acqu g is as follows: See Paragraph 2.A of the Commercial Contract — Improve4 Property Date (Seller) PURCHASER IS ADVISED THAT THE INFORMA SUBJECT TO CHANGE BY THE DISTRICT AT ANY T ESTABLISHES TAX RATES DURING THE MONTHS OF S1 OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH BY THE DISTRICT. PURCHASER IS ADVISED TO CONTA THE STATUS OF ANY CURRENT OR PROPOSED CHANGI ON THIS FORM. The undersigned purchaser hereby acknowledges receipt execution of a binding contract for the purchase of the real propert of purchase of the real property. Q�- Date (Buyer) :)N SHOWN ON THIS FORM IS [E. THE DISTRICT ROUTINELY TEMBER THROUGH DECEMBER iE TAX RATES ARE APPROVED 'THE DISTRICT TO DETERMINE TO THE INFORMATION SHOWN f the foregoing notice at or prior to described in such notice or at closing Beaumont Health Department (former) - 950 Washington Blvd , �yy .� 4' •� �•IF, •�� ,� �,` �,� it 19 _ - ,moo ..-� -- `�' ,, �'' ` ► � � r ' ..�, , t�zIL Air �w— f • A � a J v'A to mfr ' , • c f - e 4 ��3 c o ��'i"� •4 4 �i . { - �,_ I.4� w .. .i "�'I f'- � 3 •• `� 0 0 � _ _ .._- i':. + � ., of M ) I e�, s RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with Rigues Unlimited, LLC for the sale of property located at 950 Washington Boulevard; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary for the sale of the property and improvements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - 10 July 11, 2017 Consider a resolution authorizing the City Manager to execute Change Order No. 6, accept maintenance, and authorize final payment for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 6, accept maintenance, and authorize final payment for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway). BACKGROUND On March 25, 2014, by Resolution No. 14-067, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, Texas in the amount of $16,478,838.95. Previous Change Order Nos. 1-5, resulted in an increase to the original contract in the amount of $68,634.55, making the new contract amount $16,547,473.50. Change Order No. 6, in the amount of ($615,824.82), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The adjustment in quantities is an overall decrease of 3.32% making the final contract amount $15,931,648.68. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance, approval of Change Order No. 6, and final payment in the amount of $853,236.66 is recommended. FUNDING SOURCE Beaumont Municipal Airport Oil and Gas Revenues. RECOMMENDATION Approval of resolution. RESOLUTION NO.14-067 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $16,478,838.95 forthe Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of March, 2014. RESOLUTION NO.15-051 WHEREAS, on March 25, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No.14-067 awarding a contract in the amount of $16,478,838.95 to Brystar Contracting, Inc., of Beaumont, Texas, for the Washington Boulevard Pavement and Drainage Improvement Project - Phase 1 (Amarillo to Martin Luther King Parkway); and, WHEREAS, Change Order No. 1, in the amount of ($99,838.41), is required for minor design changes to better accommodate field conditions, thereby decreasing the contract amount to $16,379,000.54; 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 for minor design changes to better accommodate field conditions, in the amount of ($99,838.41), thereby decreasing the contract amount to $16,379,000.54 for the Washington Boulevard Pavement and Drainage Improvement Project - Phase I (Amarillo to Martin Luther King Parkway). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of March, 2015. ayor Becky Ames - i RESOLUTION NO. 15-255 WHEREAS, on March 25, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14-067 aVvarding a contract in the amount of $16,478,838.95 to Brystar Contracting, Inc., of Beaumont, Texas, for the Washington Boulevard Pavement and Drainage Improvement Project — Phase 1 (Amarillo to Martin Luther King Parkway); and, WHEREAS, on March 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-051 authorizing Change Order No. 1, in the amount of ($99,838.41), for minor design changes to better accommodate field conditions, thereby decreasing the contract amount to $16,379,000.54; and, WHEREAS, Change Order No. 2, in the amount of $85,093.00, is required to replace the existing piping system and fittings that connect the elevated water storage tank on Harriot Street to the City water distribution system, thereby increasing the total contract amount to $16,464,093.54; 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 for additional work described above, thereby increasing the contract amount by $85,093.00 for a total contract amount of $16,464,093.54 for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of November, 2015. Becky DATE: PROJECT: OWNER: CONTRACTOR: CHANGE ORDER NO.: CITY OF BEAUMONT 1 I JANUARY 2016 WASHINGTON BOULEVARD PAVEMENT AND DAINAGE IMPROVEMENT PROJECT PHASE 1 CITY OF BEAUMONT BRYSTAR CONTRACTING, INC. 03 N T i P#, i 001AR i9P&�I�`I�A1�'E��El�I� :�� �`: l♦�:::::s::::s:::::::::::::::;::::::::::::::: Add/Delete Construction Items and/or quantities to the Contract: Item No. Item Code Description Unit Original Quantity New Quantity Unit Price Amount DRAINAGE AND PAVING ADDITION: 666 015 PAV SURF SEALER FOR MRK (24") LF - 164.00 $0.86 $141.04 666 016 PAV SURF PREP FOR WORD EA 4.00 528.78 5115.12 666 017 PAV SURF SEALER FOR WORD EA 4.00 $86.25 $345.00 666 018 REFL PAV MRK TY I (W) (WORD) (100ML) EA - 4.00 $230.00 5920.00 677 002 REMOVE TEMP PAVEMENT MARKER (24") IIF_ 174.00 52.30 5400.20 677 003 REMOVE TEMP PAVEMENT MARKER "RR CROSSING" EA 2.00 $230.00 $460.00 DELETION: 666 007 REFL PAV MRK TY I (W) (ARROW) (100MIL) EA 82 10.00 $100.00 (57,200.00) 666 013 PAV SURF SEALER FOR ARROW EA 82 10.00 526.00 (S1,872.00) 678 003 PAV SURF PREP FOR MRK (ARROW) EA 1 82 10.00 $27.00 (51,944.00) CHANCE ORDER TOTAL AMOUNT ADDED ($8,634.64) ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: NA:tbA ....:::,�:.... y' ::j1j Q HA E .BES :�y;:::: : • t4!1 I 1v ACCEPTED BY: PREPARED BY: BRYAN PHELPS, 13YSTAR RAFAEL G. MI NDA CONTRACTING, INC. PROJECT MA GE APPROVED BY: / / ZHENG TAN, P.E. `/ CITY ENGINEER -7w—r441) Af �,, f �r DR. JKSEPH M AI ANT, P.F. PUBLIC WORKS ECTOR L L L KYLE HAYES, CITY MANAGER $16,478,838.95 $16,464,093.54 -$8,634.64 -0.05% 0.57% S16,455,458.90 ATTESTED BY: pt & nj IkA 114 TINA BROUSSARD, CrfY CLERk RESOLUTION NO. 16-106 WHEREAS, on March 25, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14-067 awarding a contract in the amount of $16,478,838.95 to Brystar Contracting, Inc., of Beaumont, Texas, for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway); and, WHEREAS, on March 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-051 authorizing Change Order No. 1, in the amount of ($99,838.41), for minor design changes to better accommodate field conditions, thereby decreasing the contract amount to $16,379,000.54; and, WHEREAS, on November 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-255 authorizing Change Order No. 2, in the amount of $85,093.00, to replace the existing piping system and fittings that connect the elevated water storage tank on Harriot Street to the City water distribution system, thereby increasing the total contract amount to $16,464,093.54; and, WHEREAS, on January 11, 2016, the City Manager executed Change Order No. 3 in the amount of ($8,634.64) for replacement of the roadway pavement markings that were not required with pavement markings that are required for installation to meet current State and Highway Standard Pavement Markings, thereby decreasing the total contract amount to $16,455,458.90; and, WHEREAS, Change Order No. 4, in the amount of $14,622.00, is necessary for additional changes to construct a concrete structure to retain and preserve the existing right-of-way landscape improvements and adjust existing sanitary sewer manhole tops to match the proposed road pavement grade, thereby increasing the contract amount to $16,470,080.90; 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. 4 for additional work described above, thereby increasing the contract amount by $14,622.00 for a total contract amount of $16,470,080.90 for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2016. of 10 i - a or Becky Ames - s RESOLUTION NO. 16-240 WHEREAS, on March 25, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14-067 awarding a contract in the amount of $16,478,838.95 to Brystar Contracting, Inc., of Beaumont, Texas, for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway); and, WHEREAS, on March 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-051 authorizing Change Order No. 1, in the amount of ($99,838.41), for minor design changes to better accommodate field conditions, thereby decreasing the contract amount to $16,379,000.54; and, WHEREAS, on November 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-255 authorizing Change Order No. 2, in the amount of $85,093.00, to replace the existing piping system and fittings that connect the elevated water storage tank on Harriot Street to the City water distribution system, thereby increasing the total contract amount to $16,464,093.54; and, WHEREAS, on January 11, 2016, the City Manager executed Change Order No. 3 in the amount of ($8,634.64) for replacement of the roadway pavement markings that were not required with pavement markings that are required for installation to meet current State and Highway Standard Pavement Markings, thereby decreasing the total contract amount to $16,455,458.90; and, WHEREAS, on June 14, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-106 authorizing Change Order No. 4, in the amount of $14,622.00, for additional changes to construct a concrete structure to retain and preserve the existing right-of-way landscape improvements and adjust existing sanitary sewer manhole tops to match the proposed road pavement grade, thereby increasing the contract amount to $16,470,080.90; and, WHEREAS, Change Order No. 5, in the amount of $77,392.60, is required for additional changes to install a 10" steel casing by bore under the Union Pacific Railroad tracks right-of-way; install a 2" conduit for the City's fiber optic communications and traffic signal lights controller lines; and, the fabrication and installation of new street signs in accordance to City Standards along Washington Boulevard (Amarillo Street to Martin Luther King Parkway), thereby increasing the contract amount to $16,547,473.50; 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. 5 for additional work described above, thereby increasing the contract amount by $77,392.60 for a total contract amount of $16,547,473.50 for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of November, 2016. r � yor Becky Ames - CITY OF BEAUMONT Pg 1 on DATE: June 27, 2017 PROJECT: WASHINGTON PHASE 1 PVMNT& DRNGF. IMPROVEMENT PROJECT OWNER: CRY OF BEAUMONT CONTRACTOR: BRYSTAR CONTRACTING. INC CHANGE ORDER NO.: 6 FINAL THS FOLLOWING CHA G= Df THS PLAMS AMD/OR SFIOCIFICAT10M0 ARS MMMY MADID Adjust the estimated quantities to reflect the actual quantities used in the completion ofthe project From East Lavoro Street To East Virainia Street Na Item Code Description Unit Original Quantity FinalItem Unit Prig Quantity 'Total 104 001 REMOVING CONCRETE (PAV) (4" - 12") SY 56,997.00 60,576.90 S 7.20 S 25,775.28 104 002 REMOVING CONCRETE (DRWY)(4"-6') SY 9,767.00 7,867.10 $ 6.00 S (11,399.40) 104 003 REMOVING CONCRETE (SWI.K)(4'.6") SY 4,856.00 5,950.20 S 6.00 $ 6,565.20 104 004 REMOVING CONCRETE (CURB & GUTTER COMB) 1.F 4,843.00 1,380.00 $ 5.00 S (17,315.00) 105 001 REMOVING ASPHALT (PAVEMENT& BASE) SY 4,100.00 1,733.60 S 4.70 S (11,1?1-.08) 105 002REMOVING ASPHALT (DRIVEWAY) SY 36.00 223.00 1 4.50 S 841.50 132 001 EMBANKMENT(TY B) (FINAL) (ORD. COMP) CY 4,612.00 1,336.66 $ 7.00 $ (22,927.38) 162 001 SODDING FOR EROSION CONTROL SY 22,372.00 18,400.00 S 3.00 S (11916.00) 168 001 VEGETATIVE WATERING MG 620.00 130.75 S 5000 S (24,462.50) 247 001 ILEX BASE TTY A) (GR 2) (8'x1.X;) (COMP. IN PLACE) ,l, TRANSII-IONS SY 1,867.00 1,572.84 S 2600 S (7,648.16) 247 002 FLEX BASE CrY A) (GR 2) (6"xDC) (COMP. IN PLACE) TEMP BASE AT EMILE ST. SY 290.00 0.00 $ 25.00 $ (7,250.00) 340 001 DENSE GRADED HOT MIX ASPHALT (TY D) (PG 70- 22XTRANSITION) TONS 113.00 307.00 S 20000 1 38,800.00 340 002 DENSE GRADED HOT MIX ASPHALT (TY D) (PG 70- 22 TEMP P TONS 24.00 109.96 S 200.00 S 17,192 00 354 001 PLANE & TEXT ASPH CONC PAV (2" - 4") SY 53,102.00 45,443.71 S 2.80 1 (21,443.21) 360 001 CONC PAV (10') (CI. P) SY 63563.00 64291.63 S 52.00 S 37,888.76 300 002 CONC PAV (8') (CL P) (HOUSTON, EMIIE & SABINE SY 10435.00 11438.10 S 46.00 S 46,142.60 402 001 TRENCH EXCAVATION PROTECTION LF 5655.00 11833.10 S 1.00 S 6,178.10 416 001 FOUNDATION FOR TRAFFIC SIGNAL (36 INCH DRILL SHAFT) LF 332.00 349.80 $ 200.00 S 3,560.00 4(A 001 RCP 18" (CL III) LF 524.00 745.00 S 50.00 S 11,050.00 464 002 RCP 24" (CI. Ill) LF 3010.00 3304.00 S 53.00 S 15,582 00 464 003 RCP 30' (CL III) LF 1139.00 951.00 S 77.00 S (14,476.00) 464 004 RCP 36' (CL Ill) LF 1448.00 1293.00 5 92.00 S (14,260.00) 464 006 RCP 48' (CL 111) LF 665.001 605.00 S 140.00 1 (8.400.00) 464 007 RCP 54" (CL 111) LF 375.00 336.00 S 180.00 S (7,020.00) 464 008 RCP 60" (CL 111) LF 1154.00 1172.00 S 210.00 S 3,780 00 464 010 Tx 4' RC BOX LF 726.00 733.00 S 265.00 S 1,855.00 464 Oil T x 4' RC BOX LF 728.00 690.10 S 365.00 S (13,833.50) 465 001 MANHOLES (COMPLETE) EA 14.00 9.00 S 8,700.00 S (43,500.00) 465 002 MANHOLES (TY J) (COMPLETE) FA 3.00 5.00 S 9,000.00 $ 18,000.00 465 004 JUNCTION BOX (TY M)(COMPLEI'E) EA 10.00 7.001 S 4,450.00 $ (13,350.00) 465 005 CURB INLET TY A (COMPL) (T -O-) EA 58.00 67.00 S 3,750.00 $ 33,750.00 465 006 CURB INLET TY M (COMPL) (5'-0') EA 11.00 0.00 S 3,300.00 1 (36,300.00) 465 007 CURB NI.FT EXTENSION TY E (COMPL) (5'A") EA 31.00 25.00 $ 1,390.00 S (8,280.00) 465 008 E INLET TY H (COMPI.) (GRATE HEAVY GD� FA 5.00 7.00 $ 2,770.00 S 5,540.00 465 009 CURB It41.F.T TY B (COMPL) (5'-0') EA 11 17.00 S 8,460.00 $ 50,760.00 465 010 CURB INLET EXTENSION TY B -B (COMPL) (5'-0') FA TOO 4.00 S 4,460.00 S (13,380.00) 479 001 ADJUST SAN SEWER MANHOLE TOP(COMPLId1'E) EA 1 1.00 0.00 $ 1,000.00 $ (1,000.00) 479 002 ADJUST WATER METER BOX (COMPLETE) EA 36.00 13.00 $ 160.00 S (3,680.00) 479 003 ADJUST WATER VALVE BOX (COMPLETE) EA 3.00 0.00 S 150.00 S (450.00) 506 001 CONSTRUCTION EXITS (INSTALL) (TY 1) SY 1066.00 0.00 $ 24.00 S (25,584.00) 506 002 CONSTRUCTION EXITS (REMOVE) SY 1066.00 0.00 S 6.00 $ (6,396.00) 5060U3 TEMPORARY SEDIMENT CONTROL FENCE INSTALL & MAINTAIN LF 5230.00 348.00 S 2.00 S (9,764.00) 506 004 TEMP SEDIMENT CONTROL FENCE(REMOVE) LF 5230.00 348.00 S 0.50 S (2,441.00) 529 001 CONC CURB (TY B) (MONO) (CL A) (6') LF 23190.00 21115.00 S 3.20 S (6,640.00) 530 001 DRIVEWAYS (CONC) (4") SY 5200.00 11066.84 S 43.00 S 252,274.12 530 002 DRIVEWAYS(CONC)(6") SY 3351.00 3460.30 S 46.00 S 5,027.80 531 001 CONC SIDFWLKS(4-) SY 8522.00 815443 S 32.00 S (11,762.24) 536 Op) CONCRETE MEDIANS & DIRECTIONAL ISLANDS (6")(, A) SY 81.00 117.40 $ 70.00 S 2,548.00 618 001 3- PVC SCHD 40 CONDUIT (NCL EXCAV & CEM STAB SAND BKFLXTRENCRED OR BORED LF 1848.00 2248.00 S 19.00 S 7,200.OU 618 002 4" PVC SCI ID 40 CONDUIT (INCL F.XCAV & CEM STAB SAND BKFL TRFNCHF.D OR BORED) LF 90.00 0.00 $ 23.00 S (2,070.00) 624 001 GROUND BOX TYPE A EA 44.00 61.00 S 730.00 S 12,410.00 644 001 INS SM RD SN SUP & AM TY I OBWG (1) SA (P) EA 46.00 60.00 S 420.00 S 5,880.00 644 002 REMOVE SM RD SN SUP & AM EA 40.00 82.00 $ 65.00 S 2,730.00 662 001 4' (Y) (SLD) REMOVABLE LP 27987.00 59352.00 $ 0.70 $ 21,955.50 666 001 REFI. PAV MRK TY 1(Y) 4" (SLDx100MIL) LF11608.00 14029.00 S 0.70 S 1,694.70 666 002 REFL PAV MRK TY 1 Y) 4" BRKX I OOMIL) LF 2696.001 3230.00 S 0.70 S 380.80 801 010 1PI. to 2 4 $ 310.00 S 620.00 Furnish nsta vith 45 degree bend, compete in EA S 3,660.00 801 011 place 4 10 $ 610.00 801 012 Furnish& Install 12" MJ with 90 degree bend, complete in EA S (1.300.00) 3 1 650.00 801 015 Furnish & Install 8"x2" reducer, complete in place EA 2 0 $ 380.00 S (760.00) 801 016 Furnish & Install 8'x3" reducer, complete in place EA 1 0 $ 250.00 S (25000) 801 017 Famish & Install 8'x6" reducer, complete in place EA 11 8 5 260.00 S (1,300.00) 801 021 Furnish & Install 2" Tap, complete in plea EA 2 0 S 1,000.00 S (2,000.00) 801 022Furnish & Metall 6" MJ Cross, complete in lett EA 1 0 S 760.00 S (760.00) 801 023 Furnish & Insa118" MJ Cross complete in place EA 1 2 S 850.00 S 850.00 801 024 Furnish & Install 8" Tap, complete in place EA 1 0 $ 2,800.00 S (2,800.00) 801 025 Furnish & Install 2" Tap Cap, complete in place EA 1 3 $ 360.00 S 720.00 808 001 Furnish & Install Fire Hydrant Assembly,complete in place EA 11 14 $ 4,100.00 S 12,300.00 808 002 Salvage Fire Hydrant Assembly EA 1 10 $ 500.00 S 4,500.00 810 001 Furnish & Insall 2" vc class 150-C-900 PVC waterline, LF 360 72 S 26.00 S (7,488.00) complete in place 810 002 Furnish & Install 6' vc class 150-C-900 PVC waterline, LF 2410 2441 832.00 E 992.00 complete in lace includuin all I materia terials 810 003 Furnish & Insall 8" vc class 150-C-900 PVC waterline, LF 8828 8567 $ 34.00 S (9,874.00) can lete in place 810 Furnish run vc clan 15"-900 waterline, LF 902 909 5 52.00 S 364.00 com lett in lace, includin all labor, materials, 810 umis ns vc c ass waterline, LF 146 150 $ 160.00 S 64000 corn lett in Taco 810 rOO emporary trc otectton, comp ate mLF 500 0 S 30.00 S (15,00000) lacean Fumis Inst 6" Resilient Wedge Gate Valve Va m811 Box as per Sections 905 and 91 I of the specifications, EA 14 22 S 620.00 S 6,560.00 comp,are in place Furnish & Install 8" Resilient Wedge Gate Vere & Valve 811 002 Box as per Sections 805 and 811 of the specifications, FA 26 32 $ 1,200.00 S 7,200.00 complete in place 811 003 Furnish Install 12" Resilient Wedge Gate Valve & Valve 2 4 $ 2,400.00 S 4,800.00 Box es Sections 805 and 811 of the s 'ficalias 2505 001 side service connections psi short EA 10 3 S 1,200.00 S (9,400.00) 2505 002 pst s o EA 187 126 $ 620.00 S (37,820.00) side service t onnections 2505 003 Fumish & Insall I"HDPE PF3408 SDR -9, 200 psi long 21 102 S 900.00 f 72,900.00 side service connectionsEA 2505 004 1F.mish & Insall 2" HDPE IRRIGATION SERVICE EA 1 3 $ 1,100.00 S 2,200.00 MAN L - P I C 708 001 SANITARY SEWER STRUCTURES W/FI3ERGLASS EA 13 2 $ 6,500.00 S (71,500.00) MANHO <12 FT.(comp in I MANHOLES - REMOVE & REPLACE EXISTING 708 002 SANITARY SEWER STRUCTURES W/FIBERGLASS EA 3 0 S 5,500.00 S (16,500.00) MANHOLES >I2 FT.j (camp In I 708 003 SANITARY SEWER STRUCTURES 112 FF.), complete EA 4 2 $ 5,000.00 S (10,000.00) 708 004 SANITARY SEWER STRUCTURES >I2 FT.) am tete EA 2 0 $ 5,000.00 $ (10,000.00) 2534 001 TZEPIecemco o s st service connec ton up EA 24 28 $ 600.00 S 3,200.00 property line, w/4' PVC Schedule 40 pipe, complete in 2534 002 roe line w/4" PVC Schedule 40pipe,complete in EA 28 1 $ 1,600.00 S (40,500.00) 2534 003 inch PVC SDR -2 fur open trench) or 6 -inch solid well LF 80 56 $ 200.00 f (800.00) 2534 004 Furnish & Insall 10" steel casing. complete in place LF 20 46 $ 160.00 S 4,160.00 Item No. Item Cod! Description Unit Original Quantity Final Unit Price Quantity Total 4020 001 6" HDPE SDR -17 Pipe Burst Sanitary Sewer Mains (6.63" O.D.), com lets in lace LF 24 1710 $ 80.00 S 134,880.00 4020 002 12.75" O.D. , complete in place LF 407 774 $ 85.00 S 31,195.00 4020 004 20" HDPE SDR -17 Pipe Burst Sanitary Sewer Mains 20.00" O.D. , complete in lace LF 406 0 $ S 280.00 (113,680.00) 132 002 EMBANKMENT (TY A)(FINAL)(DFNSITY CONTROLLED) CY 3023 718.9 S S 18.00 (41,473.80) 247 004 FLEX BASE (TY AXGR2x12"XDCNCOMPIN PLACE SUBGRADE SY 81537 75930.5 $ 2700 $ (151,375.50) 314 001 GAL/SY) GAL 500 110 $ 14.38 S (5,608.20) 400 003 CEMENT STABILIZED BACKFILL 1.5 SK/CY SAND CY 31302 12576.36 $ 32.00 S (599,220.48) 801 026 FURNISH & INSTALLS" CAP EA 2 1 $ 330.00 S (330.00) $01 028 FURNISH & INSTALLS" HY-MAX COUPLF,R EA 1 3 $ 440.00 S 880.00 801 029 FURNISH & INSTALL 6" SLEEVE EA 3 11 $ 350.00 S 2,8W.00 801 031 FURNISH &INSTALL 2"CURB STOP EA 2 7 $ 475.00 S 2,375.00 801 032 FURNISH & INSTALL I2"HY-MAX COUPLER FA 1 3 $ 800.00 S 1,600.W 801 033 FURNISH & INSTALL 12' SLEEVE EA 1 0 $ 650.00 S (650.00) 801 034 1 FURNISH & INSTALL I8" HY-MAX COUPLER EA 1 2 $ 2,100.00 S 2,100.00 601 035 FURNISH & INSTALL 19* SLEEVE EA 1 0 $ 1,600.00 S (1,600.00) 2505 006 FOR I' SERVICE CONN (COMP IN PL) EA 187 163 $ 525.32 S (12,607.68) 2505 006 FOR 2' SERVICE CONN (COMP IN PL) EA 101 4 S 667.52 S (4.125.12) 4020 007 CLEAN AND TV EXISTING 6" SANITARY SEWER PIPE LF 2380 1994 $ 4.50 S (1,737.00) 4020 008 CLEAN AND TV EXISTING 8" SANITARY SEWER PIPE LF 420 481 $ 5.00 S 305.00 4020 DD9 CLEAN AND TV ]EXISTING 10' SANITARY SEWER PIPE LF 407 0 $ 5.00 S (2,035.00) 4020 010 PIPE LF 350 520 $ 6.00 S 1,020.00 4020 011 PASS) LF 9DD 910 $ 9.00 S 90.00 Sol 39 FURNISH & INSTALL 2' FULL CIRCLE CLAMP EA 1 0 $ 210.00 S (210.00) 801 40 FURNISH & INSTALL 6' FULL CIRCLE CLAMP EA 1 6 $ 450.00 S 2,250.00 601 41 FURNISH & INSTALL 12" FULL CIRCLE CLAMP EA 1 4 $ 900.00 S 2,700.00 666 015 PAV SURF SEALER FOR MRK 24" LF 164 743 $ 0.86 S 497.94 666 016 PAV SURF PREP FOR WORD EA 4 10 $ 28.76 S 172.68 666 017 PAV SURF SEALER FOR WORD EA 41 10 $ 66.25 S 517.50 666 016 REFL PAV MRK TY I (W) (WORD 100 ML) EA 4 10 $ 230.00 S 1,380.00 577 002 RFMOVL TEMP PAVEMENT MARKER 24" LF 174 412.5 S 2.30 S 548.55 677 003 CROSSING' EA 2 1 S 230.00 $ (230.00) 618 007 10" STEEL CASING DRY BORE (UP RR CROSSING) LF 120 95.05 $ 630.00 S (15,721.55) CHANGE ORDER TOTAL AMOUNT ADDED: S 615,824.82 ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: ACCEPTED BY: "% B)"Y"TAR CONTRAC'I'1NG, INC APPROVED BY: l/ v� Z TAN, Y.E. CITY ENGINEER APPROVED BY: KYLE HAYES, CITY MANAGER $16,478,838.95 $16,547,473.50 ($615,824.82) -3.74% -3.32% 515,931,648,68 PREPARED BY: Atsl- CA6��RVLLOSSA VILE ROADWAY DESIGNER APPROVED BY: XDJOSEP),AIAJDALANI, POAKS DI ATTESTED BY: TINA BROUSSARD, CITY CLERK CITY OF BEAUMONT ESTIMATE PACE I CP 6 >rR0)ECf W1uNINQTfyN BLW RWISEI PRYMi i1 PRNGRIMPROV6RAEN?]�RR1E.C1: N6w.,cot R cr-AM0UNL:..: :$35,9ai;GoB 6B vRKEN1 OFT7ME USED i0Q:00%: CONiId111U@: :: :ShV5YA1F�3U1/�'RACIIN6, -... .:.: :' INsY17�24id : PE#CENtOFiYORIfi{b9W1ETFD20hbb% tAQWK :d6 iINAI .: CRNYRAA4TGtlr tIGARal4 99F itiFAIdDENDINCi. :. .. NEtthl, li 2017..-' .,. ... . ..•: ..:.. oti241i1►it:6itYSUSEb. .YS .:. . 44fi .. .. LHRfiGEa1R�ER3. . ,...... NO Q1..Q�.:0.3:Dt.4@d�96(i1NAid::::......... T9TAt 1TFNI 'mo 1K SQ: cove,:: :: DESCRIPTypN . :UNIT . M lJ1StJ12L >• EST QTY `;; F?R6119flt19` FSTaMATI> : 'Tp.DA78 !C4?INEA1'E'� . ICT$1t EBTINII!LT6 > , ; Td DATE::': V .: T9TAt loo 001 PRN CANT OF WAY WONT WASHMOSTON i SAONE-KENNETH AVE.) STA IIGi US, 60 0.60 , 110.60 S).2pp.Op 3357.920.00 sD4 001 RENIMINS CONCRETE (PAN)14"- 12-1 EY 56.497 6DA7630 Cm $0.57290 $720 $436 LSL69 104 002 REMOVNIG CONCRETE (DR"f4'-6') ST 9.767 7,667.10 0.00 7,667.10 S6.a 5471202Ao 104 003 REWlMWGCDNCRETEW-rJM-6') ST 4AG 5.55610 0.00 S,35a20 $6-00 $75,70130 106 004 REMOVNG CONCRETE ICURC 2 GUTTER DOM" LF 4649 %mm I om i,moo $6,900.00 105 ODI REMONNG Wma PAVEMENT 60ASE) ST 4,100 1,739.60 Om 1,73.60 $4.70 $2.147.52 ]OS 000 REMONN6ASIEMU(OIOVEWAY) ST 36 223.06 Om 227.00 $430 SIA" 110 001 E WAVAUM (ROMWAY) CY 23,320 23,i10m om kmoo $12.00 $mm4om 132 001 EMOANKMEIT (TT 0) (FNAU (ORD. COMP) CY 4.612 1,336.6 Om 1.336.66 $740 $9,356.62 162 Col SOOOING PDII EROSION CONTROL ST 22,372 ISAWAD 0.00 19,400.00 $340 $SS,TOO OD lit 001 WESETATM MGTERNG MG 620 IW75 0.06 130.75 SSOAD $6,S37.S0 247 001 REM CASE (TY Al Ni R 2) (6'NDCI IEDMP. N NAGE) ASITYILT TRANSITIONS ST 1,617 ij7244 Om 25724 $21.00 540,691.6 247 002 FLO MSE M Al IGN 21(610CI "P. N NAGE) MW MSE AT EMRLE ST.) ST 290 Om CAO Om $25.09 $om 247 MR (TT A) IM 2) (6'1(OQ ICOMP. N NACFI (SLICGRADE) ST 0 om Om om 513.50 $0.00 276 TRT (PT GO[f (u N1 f75a PSl ITY ANGR>$ (i7ST t 0.00 Om 000 WAW307 i4FLEX ISE GRAOEO HOT MIX ASPHALT (TY 01 (PG 7622)ITRANSRIONI TONS 113 307.00 Om 307.00 $200m3406E GRADED LOT MOL ASPHALT(TV D)(PG 70-22)(TFAV WMT) TONS 24 10!96 0m IM96 f200m 521,992.00 354 NE 2 TINTASPH CONC PAV(2'-1'1 ST SIAM 45.4".71 Om 45.443.n 5260 512734295960NC PAV 120') (CL P1 ST 0,56 6.29263 om 66,291.23 $SL00 $3,M !6276 360 002 CONK MV Ir) (CL Pt (HOUSTON, ENILE i SACNIE PASSAI N UM SY LOA35 31,43.20 0.00 ILASLIO $6.00 $521452.60 400 001 EIKAVATON AND BACKFILL FOR i7RUCTURES(NPFS)I60M) CY 53176 53,76600 0.09 53.7"A0 $7.66 5429,374.80 400 002 CEM STAER COE a SO/CY SAN" CY 0 Om LW Om $33.00 $0.00 402 001 TRENCH FRCANATON PROTECMN LF SASS 11,0310 CAD 1x09.10 Am $12,613.10 416 001 FOUNMTRIN FOR TRAFFIC 26NU (36 MOI CRRL SHAFTI LF 332 30M Om 349.00 Sim.0D 56.960m 46 001 RCP i6' (CL N) LF 524 745m Om 745.00 moo $37,MAD 46 002 RO 24- JCL 011 LF 3.010 3,70200 Om 3.30200 $53.00 $17S,WAD 46 073 Rt7 36' (CL NI LP 1.139 95LW Om 9SL00 $77m $73.MAD 464 004 WWJCL N) LF 1,449 2,20.00 0m 2,20m $92.00 $11469S2oo 46 005 "4Y {CL N) LF 361 36100Q00 361m $lls.DD $41,525.00 46 06 004Y(CL TL NI tF 65 605m om 606m S3Ao.6o 56,700.00 CITY OF BEAUMONT ESTIMATE PAOE 10F4 XRf11kCT;.:..NfASHINfxnfN>tEvuKtMSE!'PAYdltdl'ORMGkMAFROV6k[ERr8RQ1kt?:..: ..... .:. ..: :.�N6MI.[C�RRGTAM4Ulli::.:. .. .;isg�l,�+is:ss. ... `'PE?(tEFn4pnMkUSEP, CONiAAti'DB.:. '.�: :-:. _BfP115T'gRC1it1FE�J1ElIM6, INC : .:.. ... ....... CORi'ERACF D0t-1U(... A71ry x7.2(!23:• .: pElCENL(4F.iNOR)C{.pMp1E.Ti4t.` b09L M4NFHIY E3TAi)I)►�6it ... .:..... :$O 0IW1l .: corrsR,�crciitimit$ii�a o$iYs: ..... :990 . )TFRIODENDIIIIG,;.•„ :..:-_:....;;_.R<FaPd11=15;21117 ::'•: ..:. .. .: `... ::. d1lENDAR•WtYS$15EO :990 iilANSk OR4ER$: ' . ... ..... . . `:' JTEK::::: ....... ..::E$FS>K. .:.. :..... ..... , >; DESCRIF TfQN " ''` " ..... ... ... UNIT 1kEASUR1r ........ .. > 'FST ' QTY.:': ::PREYIQU :I:S71AfATE.. TCfl'DA7E ''' ESTINACE..;:•:::: '�OiAk ES il9AR[> .... ' ;:XQt AfE. .. allNT P.IUCE ... AtN4)tlt1F..: ::. 461 007 RCP Se (CL IMI IF 375 336M 0.00 33640 $100-00 $60,660.00 4" 000 RCP 60 -(CL WI IF 1,154 417LW 0.00 1,17200 321600 sm.120.% 464 009 RCP6P(CLMI IF 0 Om 040 040 $146.00 SOm 666 010 VX 6• RC KIX LF IAN 1,038.00 0= 1.03040 $uoAO $216,60040 460 010 V 14' RC JIM IF 726 733.00 Om 733-00 $16640 $196,14540 464 011 YR6'RC am IF 728 SM20 040 690.10 $365.00 $251,00650 665 001 MAMLOLES(C0NIn EI EA 14 9.00 040 940 $0,70000 $74300.00 465 001 MAN LES (T' 1) (COMPLETER EA 3 S.00 040 S.00 $9,000-00 345,000.00 465 603 MANLLOLES M 31 (COMPLETE) EA 1 Lao 040 200 53,16040 Sc.320.00 665 004 JUNCTION 008 (TY MI (COMPIEM EA 10 7.00 Om 7.110 $4,MM $31.150.00 4" 005 CURB INLET TY A (OoLAFI) IS'a^) EA sa 67.00 Om 67.00 $3.75OAO $2S1.1SO40 465 006 ICUSS INLET TY M (COMPL) (5'-W) EA 11 0.00 040 040 $3,300-00 $040 465 007 CUR►INLET E%7EF610N TY E IOoMFI) IS'O') EA 31 MOO OAO 15.00 $1,300-00 $34,SO0A0 466 ON GRATE INIET TY N (COAML) (GRA7E HEAVY OUT') EA S 7.00 Om 7= SX770BO S19,39040 465 009 CURD INLET TY a (COMPL) (5'41') EA 11 17.00 040 1740 $0,46040 $163,01040 465 CIO CUM I6aET EXTINSION TY k (CONED (5.01 EA 7 Lw Om 4.130 $4A&O= $17AW.00 479 001 ADJUST SAN SEWER MAN40LE TOP(COMPLEIE) EA 1 0.00 Om 040 $1,000-00 $040 479 001 ADJUST WATER METER NOR (COMPLETE) EA % 13.00 040 13AD $160= $1.09040 479 003 ADAM WATER VALVE 807( (COMPLETE) EA 3 DIN Om 040 $15040 $0.00 496 001 REMOV STR(PEE) r-40'RCP LF 9,495 9,495.00 0= 9,406= $10m $94,950.00 4% 001 NJADV STR (GRATE OEE" EA 16 16-00 040 16.00 3000-00 S12,000.00 496 003 REMOV STR ICUM INUM EA 14 14.00 040 14M 300040 519-000.00 496 OD4 REMOV STR (611) (ism) EA 33 33-00 040 33= $1-000= $33AN 496 005 REMOV SM ITRAFF. POLE FOUNOATION) (STONE STRUC) EA 16 1600 040 16.00 565(L00 $10,400.00 500 001 M00ILQATION LS 1 LOO Om 140 $1,350,000.00 $1,350,000= 502 001 LARRICAOES, SIGNS, AND TRAFFIC IIANDUNGS MO 33 33= 0= 33-00 32AOLOG $79.100-00 S% 001 CONSTRUCTION DOTS INSTALL) (TY 1) SY 1.066 0.00 Om am $14.00 $0.00 Sol ON CONSTRUCTION OQIS (REMOVE) SY 1,066 0.00 Om MAO $600 $040 506 003 TEMPORARY SMMEM CONTROL FEILCE(INSTALL i MRUNTNN) IF 5,7m 34800 040 340-00 $140 $69640 506 004 TEMP SEDIMENT COMM FENCE IMAM) LF 5,730 34600 Om 340-00 $0.50 $174-00 CITY OF BEAUMONT ESTIMATE PAGE 3OF4 tr�(OIECT.: ' ;1NA�INOTt�NBI.YPpkABE�I'PAVNfi a PRHGR1MiRCV6MEfZ?�RAJ�C[ .�:.: ... ..:: ; .: N61M.4lfNTRACI'i1MOVNT,::. :': �15,93S;fi+18.¢e .' hERCEIdf4�T1PiIE US6P :>: 14Q 009::' ::' CQNT'BAET'04..: ...<...::]IRT3TgICC<IRFT$AETIN6�ING..,... :: CO$RRACFpATE:r Msy19;;t033 ''. RENCER(T(IF4VOR1(<{}IGIPLf1EDt .-.<-Ifl0009G:<.: .. :: MLTNTHLY.iS7TEM, ,:. .n.AirlrSAi '::cRNTRACTUUiN[1lIRPAVS :>99A <. =15'.... ... .'... .. ..:�:.. Od1LENDAR D7LYS11SED ' :`990 . Ct$Ik$f6kC)ROERS ND.QL.Q2,.03 DSA$-06:(fRrAt1 .:: ... >;<TtiTAk"' . FFE.A. ...: . ..... . Corw ; ., ,2 DESQRIPiTON. --"> ... ,_ ` ` ' .' ::... ...... ... ...:.::::: :•: , ..... ........ ...... >" T ..: NI ASt1tsE EST. QT1P .' PREVIOUS S71MtA7E .. °T ........ .:. LC471NfA?L, :: TOr............ E : xb oA7P . i:�7Nli PRICe... >;<TtiTAk"' 529 001 CONC CURB ITY M) (MONO) (CL A) (6") LF 23,190 21,I1S.00 0.00 21,115-00 5320 $67,56100 S30 001 ORIVEWAYS(CONL) 14-) SY 51200 21,066.84 0.00 11,064.14 $43-00 5475,04.32 S30 002 DRIVEWAYS(CON() 16') SY 3,351 3,460.30 010 BA60.30 $46.00 $15f,1734D 531 001 CONC SIDEWIRS(4") SY 6,522 6,154.43 0.00 4154.43 $32-00 $260,941.76 S31 002 CONC WNEELCNAIR RAMPS (4') TYPE 7 EA 53 53.0 0.00 53.00 $1,110-00 $S9,3W.Go 531 OW CONC WMEEOMR RAMPS (4") TYPE EA 10 20.0 DAD law $1,100.0 $11WOAO 531 004 CONC WNRLCKAR1 RAMPS (4') TYPE 10 EA 0 0.00 0.00 0.00 $1,150.00 SOm 531 GOS CONCWNEELC/WR RAMPS (4-) TYPE22 G 4 4.00 0.00 440 $3.150.0 54.600.0 536 001 CDPKMM MEDIANS a DK4ECT10NAL MANRS 16'RCLA) SY sl 117AD 0.00 117.40 $70.00 36,111.00 611 001 r PVC 5010 40 CONOUFT (INCL DWAV a CEM STAG SAND ORFLKTRENCHEO OR GORED) LF 1,046 2,246.0 0.00 224a0D SULM 340,464.00 611 002 4' PVC SO10 40 00NDUTT (INCL EXCAV S CEM STAB SND OKFL)(TRENCHED OR BORED) LF 90 OAD 0.00 0.00 $23.00 $0.00 613 004 2' PVC SCND 40 ODNOUIT (INCL GWAV IS CEM STAB SAND BRFl)(TRENOIED) LF 62W 12011.110 0.00 1,200.0 $B.DO 565.600.0 621 005 2' PVC 501040 CONDUR(BOIIED) LF 0 040 0.0 0.00 517.0 50.00 624 Wl GROUNDBOXTYPEA EA 44 61.00 0.00 G1W $730-00 $4453040 624 001 GROUNDBO%(TYC) EA 6 GAD 0.00 100 $2,060.0 $6,36040 644 001 Ws SM AD sN sU►a Am TY 100LVG W SL in EA 46 60.00 BAD 60.00 S420W 525,200.0 644 002 REMOVE SM NO SN SUP A AM EA 40 12.00 0.00 R.00 Sam 53,330.00 656 001 FOM FOR TRAFFIC CONTROL DEWCESMAFFIC SIGNAL POtM EA 6 640 0.00 6.00 52.000.00 $12,000.00 662 001 4" M (SLD) REMOVABLE LF 27567 59,352.00 0.00 59552.0 50.70 541546.40 644 001 REFL PAV WAKTY I (Y) 4' (SLDRIWMR) LF LIAM 14,02940 0.00 14,029.00 $0.70 $6,x030 666 002 REFL PAV MRK T V I M 4' (BRKHlWMR) IF 2.666 323040 0.00 323040 50.70 3226100 666 003 REFLPAVMRKTYI(V174'(BRK) (LOONY) IF 3,762 4,249AD 0.00 4249.0 $0.70 $2,97430 666 004 RELPAVMRKTYI(W)1'(SLD) (10WAL) IF 900 3.843.0 0.00 3.123.0 $lA0 S2,SS220 666 005 REFL PAV MRK TY 1(W) 22' (SLD) (100MR) IF 4,369 4,79100 0.00 4,730-00 51-00 $13.49120 666 006 REFL PAV MRK TV 1(W)124') MO) (19DMR) LF 716 1,0/3.0 0.00 31003.00 54.75 55,14425 6% W7 RFFL PAV MRK TY I (1117 (ARROMn (100MIy EA 20 13.001 0.00 13.0 $10040 $3.30040 666 000 REFL PAV MRK TY I W IRARROAD SYM) (100MIL) EA 4 140 0.00 &W $MAD $2,9W40 666 009 PAV SURF SEALER FOR MRK(4') LF 11076 23.45040 0.00 21,46640 $025 55,36450 666 010 PAV SU RF SEALER FOR MRK(C) LF 900 2,095AO 0.001 2,096.00 $054 $1.13130 666 011 PAV SURF STALER FOR MRK I1r) LF 4,369 4.711.11 0.00 4,76600 51.0 54,7pA0 CITY OF BEAUMONT ESTIMATE PROlEL7..:: WASFONGLON:KVD:P.NASEI:P.AVMTB DRNGE 4NPRDVEMENT`PROIECf �*.".. .... .. ... .. ...... �». ." ,:::: NEVI6CONFRACT AMOUNT. .. ,::$15,431;fYt8.G8 ::-:, ::- PEREIIIT OF Tp/1f:[15ED: < 100.0UX. . .... ... 44N?RASiRR.:........:..,'OILYSTgR1QNTIti4CFING,IpG. . .. .. ::« _. .....::': .. 013 CONTNACiDIITE': M6)i.1T4 PFItCE76pQEWORKCO1NPtEFED 1000096 NltlntlHlY£51YMA7EY. ... ': iigNKl''";. '''> ...:..... TrZ!(Gi.COtENpAkAAYS:'..;:< !N!T pER10D:END1Nf.:.:. '.:;': -?i: :., , •.NINCh•1 • i5�t017• •. .-...:...:.. . ........ .. NbAR.DAYS.I1SEb.-990 .. .. O'(ANGE.OSSOF,.1¢, :.:_ :•....:: . ...N0.0302, 03, 04,05-& 05 (FINAlI . ': :.. ... .v. NCIC• .. 000DE.. •i... ...'..•.:: ..>DESCRIPTIUN ....: ......... ... . .:: >: ;.:UMT... MFJlSIlRE ,::E&T> .: :. C7Y > AEWibUS::::::Tf?I}ATE:: STINIAT .::.::ESTIMATE .. :31DxAtfffrilAA7E' '''"UNIT . ....DATE.. . PRIG.:.: 7UTAi `'`AN(b11N7 666 012 PAV SURF SEALER FENT MRI124-) LF 70S 11063AO 0.00 Lo" $2.10 $1X430 665 013 PAV SUN SEALER FOR ARROW EA 10 13.00 0m 15-00 $26.00 $339m 6" am PAV SUIF SEALER FOR RAILROAD EA 4 4m Om 440 $105-00 $420m 666 019 ram MRR(ARRDWI EA 0 3m Om 340 $365.00 S1106m 672 001 REFL PAV MRRI M N41-B)IFOR RQ EA 11 0.00 Om Om $LSO $Om 677 001 REMOVE PAVEIRENT MARNNOS LF 151076 1376.50 Om 12,76530 5030 I53.66.65 676 001 PAV SURF PNP FOR MRK H9 LF 151076 2%455-00 Om 21ASM $0.10 52,145.50 675 000 PAV TURF PREP FOR MRK (P) LF 900 3095.00 Om 2.06.00 SD20 $419m 675 003 RAV SUN PNP FOR MRK (1r) LF 41369 6,151.00 0m 1,351m 50.30 $1,256.30 676 006 PAV SUN PRA FOR MRK(RALLROAD SYM50L) FA 4 4m Om 440 $50Ao S200m 675 06 PAV SUN PRA FOR MRK (ARROW) EA 10 13.00 Om 13m 527m $351m 656 001 TRAFFIC SIGNAL POLE ASSEMBLIES FA 26 26.00 Om 2/m 1 59,200.00 $220,600m 66 002 REMOV TN SG PL AM (S) FA 24 24M Om 24.00 $21500.00 $36,000m 6035 on IED LNFREO STREETSIGPLS EA 24 2440 Om 21-00 53000-00 $67,200AB 9002 001 TIME FILTER FA 09 21.00 0m 21.09 $70m Sldlom 9009 001 REMOVE TUBE FILTER EA 91 2L00 Om 22m $14m $30BA0 WATER AND SANITARY SEWER UTILITIES 712 001 7mck Sehy SYSLW34 crosplem M p1m LF 1355 12.1oL0o 0m 11,106.00 $1m 311.206.00 Sal 001 FenlFh& WWI P MI Tw,m"kft bh ph- LA 14 L00 Om 9m $460AD S3,6Mm an 002 F ish & humll IP W Tee, mmplsm in phhm EA 2 240 0m 2m $21SOOm $5000-00 Sol 003 Furnish A kWA PKP MI Tee, CwWkte In pbm EA 3 1.00 Om 1.00 $=AD 5350.00 001 001 Fun" & km fl PNP Ml Tee, cmhp4te In pbm EA 2 am Om Bm $4a0m $3,20000 801 06 Fadoh&haftif r Ml with 45 dW" bend, EA 2 Om Om 0m $13Sm $0.00 501 006 Fu dsh & kmW i 6' M1 wkh 22-1/2 Dens, congA ft in piam, FA 3 3m 0m 3m 1 $230m $M0.00 M1 007 & WWI P MI wkh 45 degm bend, compkm H ph m EA is 15.0E Om ism $230m $3,450m 61 008 FuNsh & hum11 P MI ndth 90 depee bad, mmpieoe in plx EA B 7m 0m 7m $250.00 $1,75000 M3 009 FuMMh & kwmd P MI wlhh 45 degm bend, mmpi m In plan EA 12 16m Om ism $290.00 S1,i60.OD on 010 FurNdh & but" P MI wkh 90 d"m bend, mmplem In plsoe EA 2 100 Om 4m $310.00 51.24000 501 011 Ferm* & wmw lY MI wMh 4S de jM bad, mnplem i phis EA 4 lam Om 20m $61000 $6,100-00 M7 012 FRNsh & Imw it NU wt& 9D dWm bend, h:onplsm lnplan EA 3 Loa Om 1m $650.00 S650m 301 013 1 FWr" & IMtSU 1P NU with 90 dopes bend, conpem hi ph" EA 2 2.00 Om 2m $21700.00 33Aaom CITY OF BEAUMONT ESTIMATE PAM 5CFO PROTECT..... NfASH161GTON BLVD PHASE'IP.kVMT dr ORNGEIMPFODVE6AENFPROJECT ......:..:.... - ::., :. NEW wnTAArr AMOuwr - ... .. .'-SSS;931�i8.6$. VERFfIV�-UF'f31pE I15L-O.- 100.9076 ... 1111. _. GOMiRAL'TPR F.. .: 1111 1111. ..:-. :.. 1111 <: JlkYSTAR CQNTRgCT216G,:11YC .:... ..'-1111 >:`. GQUfICACT.¢ATE:...: ,. :..,::: 13.::'.::.:. PEREFNi�F.NTORIC ... -.. Mty;17 20 Cii1PIPl�E'fE0 100.E1Q7G NICNfHIY £f1AI1Afb*, :: :' i9 qNM _ ;> < O wwoaiiir>:NOAlt OAYs::?' 601 P�IOD:EMDkIG .:: .. ..::'. ..<? MiM(1.15F201} ,_, ._..? ..:.. ..:. ....:..:: . AR:OWY5175ED 1 >:99b`. Cf}lU7GR �R4ERS::: 040 Loo S4ulm ': a7E3 CODE . E>ESCRIPtION: ... ..: , .. .. .. ' >: ... ' .` RJfAT::: ::.:.E8T>: MEA$liRf :.. QTY. PREVltill$'j ESTINFATE . :.. 70i}A7E < fSTINiAT - 7¢FAC¢1S77NATE t0 DAVE UNIT PRICE TOTAL AINOUNT „ :: 601 034 FrnLA a inaoll rw Wya, emplata hr plan, FA 1 Sm 040 Loo S4ulm $43040 601 015 Finnish a Ysuall raj'rod-1, compute In Plane EA 2 040 Om am $MM Sam 601 016 Farnbh a Yuen rxr ndwr, carnplan, In pian, EA 1 Om Om am $=M $0.00 NI 017 Furnish a Install Par red—, emplata In place EA u 640 Om ism $2Nm $156040 601 Ola FurnIA i MHl 1Yx1',valEW, n,sapYb N Plan, EA 2 2.00 040 240 $1120m Staom 801 019 FundA a leYW 111"W inducer, c.Wkta M Plan EA 2 2.00 am 240 $1,1Nm $2,70040 Sol 020 W mhh a Irornl Ir W Cross, CONWMt. In Place EA i Loo am 2.60 $1,sN40 $Lmm 601 021 Funawh a Irutal r Tap, essnPlat. in place EA 2 0.00 040 om SIA00m Sana 601 022 WndA a Instal r hu Cross, empMM in plan Ea 1 6100 0.00 am $76040 $Om 601 023 Furnish A letal r hu Goss, emplete In pine EA 1 zoo 0m 240 $Mae 57,701140 Nal 024 Furnish a Instal r Tap, enplue In place u 1 &N am 040 S2ANm $040 N1 an Fwdsh a Irrshol r Tap VP, con4lete In Place EA 1 3.00 am 340 $Mom SI.M.00 aa6 001 Fut" a Ime6 Fie Ilpdrau AW ssrridy, ernpkW in Plan EA 11 "m 040 14A0 $4,10040 557,400.00 Nt 002 SsNap Pie hydra d Assembly EA 1 10.00 0.00 1040 $SNm $5.000.00 610 001 Fw.M a kAta r W CIMS LSO -C-900 PVC ratedlne, eeplate M plan LF 360 7200 Om 7240 S26m 51,67100 610 002 Fr" a Install Or x class IW -C-900 PVC Wxedine, c'onrplete N place, imindln5 all labor, ..Wdah, caevadon, utlon Pias, beddhi& boddll, testins. comPand UStion, surfrestoration, al in gala xcordance wkh pg— hx and>4. LF 2,410 2,441.00 040 2,4111A0 $3240 $76.11100 610 W3 F—W a Inow r vcclass 1501-900 WC ws"'fiiot,—wleh Hpk— LF kw 1,56740 040 6156740 534m $291.27&00 610 004 Farnigh a l rstal lr w class 150C -9W PVC Waterline, empleee In place, Indudhrp al labor, eatedels, hueRlon Pas, baddhq, bach0�, 1,00% conpactien, and viae raaaraaon, al M strict arced— With PPM Wool sPatllutl00• LF 902 90&00 am 909M 55100 547,76&00 610 005 Furnish a Mel 2r vc class 140{-905 PVC WaWlne. eruplef 1. place LF 146 150.00 am MM $160.00 $24A" 610 006 Furnish a Intal Temporary Water Seri . Corn ectimL ca,nplete in Place LS 1 LW Om LW 55,600.00 $5,60040 620 007 Furnisb and Yutal Temporary Rn P,.t.V , -MWW In pbe LF SW 0.N Om 0.00 $30.00 $040 all N3 Furnish Install r Msfent wedge Gate Valva a Valise am as pr Sections 805 old all ufthe specifications. EA 14 22W Om 21N $120.00 USA" all 0D2 Furnish a Yulall r rmWwd Wedp fiat. Vahm a VYva Bin as pr ixliorn 05 and 811 of ON specifications, cOapIWO Ys Pince FA 26 32.00 Om 32M 51,20M SMANm til 003 llo665 d 811 Of tan Ml dopa, NrnM A MWI lr ItadlWd Wawa Gam Value a Valae W 0 as Pr Sxm anryx carnpleftInOnce FA, 2 4.00 Om 4.00$2,1011m, S9ANm 611 004 Fusdsh a Moll lr Rosalind Wedp Gan Valve a Valva Boa 0 par Sections SOS and $11 of the spaale0om, emplece In place IIA 2 1N 040 100 $22AMM $2240040 CITY OF BEAUMONT ESTIMATE PAGE 6�E DROIECi:..:'WASMNGTON:BCVD:VHASE.I'V.AVMT80RNGE YINVROVENIENiPROIECf:-: :- > : :«... ... .. .. ......... .::�:.: .....G...... OIINF: ': ..... .. .'•'S1S:731:$ >.< .. PERCE7�I70......00 .1M .. .. .. ... ... .. :_ . .. ... BRYSTAR .:.:�:-�CQI'R�Ct.4AT�..:�. :Pi2 VIGkJff'` ...STIINAi .::... ...... 1fAt>rtlHCr. £irknATia......:........�8 1Nn4...:....... ... ... . . ... . :.... ... ::.:. C0.109 OUNOABOAn. .. 910. PE8100.ENDING�: '' :. <Mitth.i-.iS�2017 '� :;.. :<.. ..:. .:::. .... ...:... CALENDAR:DIIYS:USED:i:' ..' .. .:.... N0.020�O�,;d1;05:$06:(FINAk.y -.. ....{ .- .. vim ::.<NQ SPODE DESCRIPTIHJ..... ...:.: ......:.. .. :> ;.. _. .... 111NT:.: IAEAS<E.... ::?ESFS' Z1T)f.. :Pi2 VIGkJff'` ...STIINAi .::... ''' 'T(}DA7E ESiWA[� ?URALESi1MATE >..>UNIT:.;:..> t0 Dk c PRIGE:. :.. :707.02. ...nMOpN�. .. 2505 001 wrrdsh a Instaa r HOPE PE3401 SDR-, 200 psi short side service connections FA vim 3m am 3m $1,40040 $3Am" 2505 002 knlllh At huMl r HOPE PE3404 SDR-. 200 0 short tide seen tonnRcelmn EA 197m 126.00 Om 1260 S420m $71,12040 2505 003 Rrrnidr R Mtell r HDPE PENN SO". WO psi Ions side Henke Connecticut EA 21m 102.00 Om 102m $900m $SIAM.aO 25M 004 Furnish IS lntbll r HIM IMIGATDN SErwa EA LOD 340 040 340 S%100m S3,300.00 25M 005 FRrnids a install 1' HDPE M USAT10N SFRVRE EA LOO 2.00 040 lm $720m S710m 706 001 MANHOLES - RERem a REPLACE EADTN6.SAwARY SEWER STRUCTURES W/FMMGLASS MANNOLM42 FTA 1-"P". P" FA yam 2.00 Om 240 S6,500m S73p00m .AIB 002 OL MAN ES - REMOVE a REPLACE EAISTING SANRARY SEWER STRUCTURES W/FIBERGLASS MANHOLES 032 FT.L (comp In IN) iA 3m Om om Om $S,SWM $0" 701 003 MANHOLES- FURMSH A INSTALL RIERGIASS SANITARY SEWER SiM1C711UE5(Q2 FT.L complete In piece EA 440 240 040 240 SSma00 S10AODm 706 004 MAMOIiS - RX MSH a INSTALL FIBERGLASS SANRART SEWER STRUCTURES (512 FT.L Co plete in plea EA 2m 0.00 am Om $SA00m Sam 2534 001 �;-t of r Boort side service connection up tor property Not. r/PVC Schedule 40 pipe, cnplete In EA 2440 2Em Om 21.00 $SOOm $22,4Wm 2534 002 Repl.mreent of 4' 10.9 side serrke connection W to property line, w1r HOC Sch.&Ie 40 ppe, complete In piece EA 2640 Lao 0m Lao $1,300m $1300m 2534 003 Remor,aRspeu6-Senit"S.w.rUns%LMdr464nch PVC SOR-26(toropen bwchlor64achsolid ,nR PoWhylerm pipe (NDPEL PE 3400. ASTM F714, SDN 17 (for pipe hostIn -shin6l complete a PIZZA. Is 60m Slim Om SLOG $Mom $11,200m 2534 004 Furnish a Lowell 1r steel wins, complete to piece U 20.11 46.00 am 4640 $160m 57,36om 4020 rot V HOPE SDR -17 Pipe eoor t Sadery setter M.- (6.63' O.D.L C -W i e In place LF 2440 L720AD 040 1,710.00 $Mm $136,11" 4020 002 12' HOPE SDR -17 Pip. Bose Sanitary Se+.er Maim (12.75 0.04 oer wW-N Piece U 40740 nom am nom $95m SES.73D.00 4020 Dna Ir HOPE SDR37Pipe Rare Sanitary SewerMaim (1800'O.D.LconpYtaFnPiece D Om our Om Om $220.00 woo 4020 PIM WHOPE SDR -17 Pipe Bost Sanitary S.-Ms4MMAW O.D.L-n*kReapiece LE 40640 am am am s2sam $am CHANGE ORDER NO. 1 ROADWAY AND TRANSPORTATION 132 002 EM MOMUNT14yAXRNALROENSDYCONTROLLED) CY 3A23m 711.50 040 711.50 $1460 $12.54D.20 247 cow FLERBASE [TT ARGR2)(IrXDCNOOMPINPLACWUBWMQ SY 811557" 75,11WSO Om 75,913D.SO $27.00 $2,050.123.x0 314 001 EMULSIFIED ASPHALT iMhU COAT)4AE-P"GAL/SY) GAL 50040 120.00 040 110.00 $14.34 $LSSLW 400 Ona CEMENTSTANUZED 4CAFLL11.55p/CYSMIa) Cy 31,302-00 12,57636 040 12,S76.36 $32.00 S4110,.44352 464 012 5' A 5' RC ROR LF 1.0040 L640.00 I am 1,60.00 $305.00 $Sgkwo oo 465 011 MAHOLES (MHLM1 "MPiUE) FA 240 2m Om 7-00 $%7wm 571500.80 465 012 CURB INLET TY 8(MODIHEO) (COMPLETE) EA 740 740 Om 7.00 61250.00 $43,750" 531 006 CONIC. WHEELCHAIR RAMP W) TYPE 11 EA 14.00 14.00 Om 1440 SMIS(I 0 $16,100" CITY OF BEAUMONT ESTIMATE PAGE 7 OF PROlECT,t WASHINI;TON8L5/D.PHASELPAYIV[i.;&.DRNGE.IMPROVEMEhTPRO/EC[:' -...»: .:-..:::..'.-.-:::NEyYCQ(�}TgACi:AMO�INT...:.>... ..�'LS1931,6M18.68. 2<,PERCEf�}TO.FTIME:USEO .::.SOO:QO%:;:;' ' CRIbN . : ... .. .:pEST .:. ;. .... .._ ...;...:; --::7CON1'RACTDATE.'_.:: ':May 17.2013,;.:::PERCfMTflF;W('KEOMPLf>`ED<2.: ............... $ :... ; .:. ... .: C[aMif6ktY{JILkNDAN:bAYS . < 490 PfR1OD.�NDINGT:Marcb3-15 2017. CALENAAItbAY8lISHC 090 C(tANGIE ORDERS:: .;> NO O1.DT, 03 OQ,05 & 96(FINAL) : :: ........ ... CRIbN . : ... .. .:pEST .:. ;. .... .._ M $ ... .... ;STII�ATe : TaAEcu :, fJNlt : .:.. .. WATER a SANITARY SEWER UTILITIES 301 026 FURNISH a INSTALL r CAP EA 2 L00 0.00 LOD $390.00 $330.00 an 027 FURNISH A INSTALL r SLEEVE EA 2 2.00 0.00 2.00 $!25.00 $850-00 a01 028 FURNISH a INSTALL R' HY-MAX COUPLER EA 1 3.00 0.00 3.00 s4W.00 $1.320.00 a01 029 FURNISH a INSTALL 6' SLEEVE EA 3 11-00 0.00 1L00 $350.OD 53,850870 BO3 030 FURNISH a INSTALL 6' HY-MAX COUPLER EA 3 3.00 0.00 3.00 $400.00 51.200.00 801 031 FURNISH a INSTALL 2' CURB STOP EA 2 7.00 0.00 7.00 $47100 $3,325.00 BOl 032 FURNISH a INSTALL 12' HY4AAX COUPLER EA 1 3.00 0.00 300 $800.00 $;400.00 Sol 033 FURNISH a INSTALL 12" SLEEVE EA 1 0.00 0.00 0.00 $GWOD $0.00 801 034 FURNISH a INSTALL Ir HY4AAX COUPLER EA 1 2.00 0.00 2.00 $2.100.00 54.200.00 am 035 FURNISH L INSTALL L' SLEEVE EA 1 0.00 0.00 0.00 s1,600870 $0.00 801 036 FURNISH IS INSTALL 3' HYRAX COUPLER EA 1 LOO 0.00 L00 $255.00 6255.00 2505 005 FURNISH a INSTALL METER BOX (OLD CASTLE) FOR I' SERVICE CONN (COMP IN PL) EA 167 16L00 0.00 163.00 $52532 $65.627.16 2505 006 FURNISH a INSTALL METER BOX (OLD CASTLE) FOR 2' SERVICE CONN (COMP IN PL) EA 10 6.00 (L00 6.00 $68732 $2.7SO.08 4020 006 CLEAN AND TV EXISTING 18' SANITARY SEWER PPE(lUS LF) IS I LOO 0.00 L00 $39,652.11 $39,652.11 6020 005 18' HOPE SDFI-17 SANITARY SEWER PIPE (IS00 LFJ(MATERUUS)(INCI CONTRACTOR OVERREAD a 15% PROFIT) IS 1 LOO 0.00 L00 $71,162.19 $71,162.19 4020 006 20" HOPE SDR -17 SANITARY SEWER PIPES (450 LF)(MATERLALSNRETURN a RESTOCKING TO SUPPLIER) IS 1 L00W-0. L00 $6,651.65 $6,851.85 4020 007 CLEAN AND TV EXISTING 6" SANITARY SEWER PPE LF 2.380 1,!94.00 1,994.00 $4.50 58,973.00 402D 001 CLEAN AND TV EXISTING r SANITARY SEWER PIPE LF 439 48100 49LOO $5.00 $2,405.00 4020 009 CLEAN AND TV EXISTING 10' SANITARY SEINER PPE LF 407 0.00 0.00 $3.00 $0.00 4020 010 CLEAN AND TV EXISTING I2' SANITARY SEWER PIPE LF 350 520.00 S20.0D $6.00 $3.120870 4020 011 TV EXISTING 36" SANITARY SEWER PIPE (5ABu4E PASS) LF 900 !10.00 910AD $9.00 $1,190.00 CHANGE ORDER NO.2 801 37 FURNISH a INSTALL 12' X 6" TEE 3 LOO 0.00 1.00 $1.7870.00 $1,2DO.90 801 38 FURNISH a INSTALL 12' X 8' CROSS PEA 1 LOO 0.00 1.00 1015.00 $1,325.00 801 39 FURNISH a INSTALL 2" FULL CIRCLE CLAMP 1 0.00 0.00 0.00 5210.00 $0.00 801 40 FURNISH a INSTALL 6"FULL CIRCLE CLAM► 1 6.00 0.00 6.00 $450.00 $2,700.00 801 41 FURNISH a INSTALL 12' FULL ORT1E CLAMP 1 4.00 0.00 4.00 $900.00 $3,600.00 CITY OF BEAUMONT ESTIMATE PAW.— PROJECT .,.-.WASSIN6GTO1lV $I.VF7 PFEASEIP%l1lINT&fl111iG61MYROVE7NENT PRO/ECT:-. ::::: . NiW:CURJIBACTA14lOW4T�. S?3:431,448.68 ... U.tMT.4DFTME ,:,:,:.. :.. -- :: •.... :....-:...... :: ...... .................... .. MEASURE ....... TNAGf PATE - May1>. 2bJ3 :... PE1t7VTOF?NORKGOMPLETE4: ::� 300.BB7i:.<: AIQMMLY: E&'T1MA1E iJ :. .=`35 FINAltONTRAc'T'CAtENOaR DAYS::..:: PIM1009 ${UNO, ; ::: : - .N11FTb1, 19,2017;: : CALENDAR:DAYSIlSED . 99,0 ENANGE ORD,ERS,_ .:::-,NO::O1i.Q2, U.i.04,0.5.R1.g6.JFIliALJ:. .. .. .. .___ _ : TTEN::-: -_.f . - .......... .:.;to ,:,:,:.. :.. -- :: •.... :....-:...... :: ...... .................... .. MEASURE ....... CTY .......... .ESTIMATE ::: ... .. ES'11MAYf ::7Q {iA#E ... ..... .... ........ ::P.RIGE ' <�: AMOUNT ... ... 4020 012 REMV OBSTRUCTION IN SAN SWR UNE FOR TV, CLEANRIG L PIPE BURSTING AT DIFFERENT LOCATION EA S 511) CLOD 5.00 S7$00 -DB S73W'W 5020 001 SABINE PASSJN FJOY ST. WATER TANK FEEDING i SERVICING WATER SYSTEM INSTALLATION COST OF WORK FOR LABOR L EWI►MENT CO6TPLUS lm Im am lm Fall" $7330440 CHANGE ORDER NOA 666 015 PAV SURF SEALER FOR MINE DW) LF ]54 743= am 743= $616 SIMS{ 666 016 PAVSURFPRFP FORWORD EA 4 10m 0.00 1040 S2L78 $21117,110 666 017 PAV SURF SEALER FOR WORD CA 4 mm 0.00 lam $86.25 $862.50 666 OSB NEIL PAV MRK TY I IW) IWORDH2O0 MU EA 4 10.00 0.00 1600 $23D.A0 S23MM 472 0112 REMOVE TEMP PAVEMENT MARKER 124') LF 174 412.50 0.00 41LSO K>0 $BM.75 617 OW REMOVE TEMP PAVEMENT MARKER 'RR CRDSMNG" EA 2 Lao 0.00 IAD S230AD 5231140 CHANGE ORDER NOA 473 001 RUNNING WALLS(DMIEWAYS RESTRAINING WALLS) LS 1 IAD 0.00 Im 53.06600 $3,0!0.00 708 005 MAML0125-N1 IUSrBRETROFRWSTIWFIBERGIAUS MARYSEWFRSTRUCFURES(COMPINPIACE) EA S Sm 0.00 Sm SMILZAo 511,S6L00 CHANGE ORDER NO.5 618 006 rPVC SOLD40CONDUIT IN10"CASING) IF 120 12040 0.00 =AD Woo $46aaD WB .07 10' STEEL CASING DRY BORE W RR CROSSING) U 120 OAD 95.05 95AS S6SOA0 $5%370.45 6" 403 INS SM RO SN 1AULME PLATES & UK NOS.) EA 56 56M 0.00 MAD $RLSO $4,56100 15 X CONTRACTORS OVO0RAD A PROFIT IS 1 Sm 0.00 1AD mm $62160 PREPARED BY: IAILI& C,/ CARLOS VILE%, PROJECT MANAGER APPROVED BY: ZHEWTANaj., CITY ENGINEER DR. 1 EPH MAIDALANI IC WORKS DIRECTOR I malty thot oU —* MdWmg motenD6 covered by this invoice have peen completed a delivered In accordance with Controa do vents. bEYXFFlPHEUPS, DRYSTAR CONTRACTIN, INC. GRAND TOTAL AMOUNT OF WORK DONE: $3S,931,64L68 0% RETAINAGE : $O.OD SUB TOTAL: $15,931,648.68 LESS PREVIOUS PAY ESTIMATE : $15,078,412.02 AMOUNT DUE THIS ESTIMATE (BPO 360721) : $853,236.66 RESOLUTION NO. WHEREAS, on March 25, 2014, the City Council of the City of Beaumont, Texas, passed Resolution No. 14-067 awarding a contract in the amount of $16,478,838.95 to Brystar Contracting, Inc., of Beaumont, Texas, for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway); and, WHEREAS, on March 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-051 authorizing Change Order No. 1, in the amount of ($99,838.41), for minor design changes to better accommodate field conditions, thereby decreasing the contract amount to $16,379,000.54; and, WHEREAS, on November 17, 2015, the City Council of the City of Beaumont, Texas, passed Resolution No. 15-255 authorizing Change Order No. 2, in the amount of $85,093.00, to replace the existing piping system and fittings that connect the elevated water storage tank on Harriot Street to the City water distribution system, thereby increasing the total contract amount to $16,464,093.54; and, WHEREAS, on January 11, 2016, the City Manager executed Change Order No. 3 in the amount of ($8,634.64) for replacement of the roadway pavement markings that were not required with pavement markings that are required for installation to meet current State and Highway Standard Pavement Markings, thereby decreasing the total contract amount to $16,455,458.90; and, WHEREAS, on June 14, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-106 authorizing Change Order No. 4, in the amount of $14,622.00, for additional changes to construct a concrete structure to retain and preserve the existing right-of-way landscape improvements and adjust existing sanitary sewer manhole tops to match the proposed road pavement grade, thereby increasing the contract amount to $16,470,080.90; and, WHEREAS, on November 22, 2016, the City Council of the City of Beaumont, Texas passed Resolution No. 16-240 authorizing Change Order No. 5, in the amount of $77,392.60, for additional changes to install a 10" steel casing by bore under the Union Pacific Railroad tracks right-of-way; install a 2" conduit for the City's fiber optic communications and traffic signal lights controller lines; and, the fabrication and installation of new street signs in accordance to City Standards along Washington Boulevard (Amarillo Street to Martin Luther King Parkway), thereby increasing the contract amount to $16,547,473.50; and, WHEREAS, Change Order No. 6, in the amount of ($615,824.82), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the contract amount to $15,931,648.68; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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. 6 to adjust the quantities described above, thereby decreasing the contract amount by ($615,824.82) for a total contract amount of $15,931,648.68 for the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway); and, BE IT FURTHER RESOLVED THAT the Washington Boulevard Pavement and Drainage Improvement Project — Phase I (Amarillo to Martin Luther King Parkway) be and the same is hereby found to be complete in accordance with the terms of the contract and is accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $853,236.66 to Brystar Contracting, Inc., of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - 11 July 11, 2017 Consider a resolution authorizing the City Manager to enter into an agreement with Lamar University related to funding for public, educational and governmental programming on LUTV BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: July 11, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Lamar University related to public, educational and governmental programming on LUTV. BACKGROUND In 2005, the Texas Legislature enacted a new Chapter 66 to the Texas Utilities Code, that authorized a state -issued certificate of franchise authority for cable and video providers. Within Chapter 66, it specifies that the operation of public, educational and governmental (PEG) access channels for noncommercial programming shall be the responsibility of the municipality receiving the benefit of such channel. Currently, the City of Beaumont operates the governmental PEG channel and Lamar University operates the educational PEG channel under an agreement with the City of Beaumont. Lamar University is asking for funding to enhance the programming of the educational PEG channel. The five projects are: 1. Channel 7 Infrastructure: $23,181.10 a. This project aims to improve content by upgrading their Leightronix U1traNEXUS video server to a new model capable of handling HD videos plus some accessory items to support the new server. 2. LUTV-7 News Studio: $8,806.54 a. This project will purchase set lighting, a teleprompter, a production monitor and some accessories to supplement a professional news set donated by KFDM. 3. Sports Broadcasting: $80,630.61 a. This project aims to provide camera equipment plus accessories necessary for the filming of live sports. 4. FilmNideo: $105,963.35 a. This project purchases equipment to allow for students to participate in a new Summer Film Program. The cinematic productions will air on Channel 7. 5. Media Services: $2,538.53 a. This project will purchase lighting and a microphone plus accessories to support their current cameras in recording events and academic lectures for broadcast. The City of Beaumont agrees to reimburse Lamar University up to $221,120.13 for the above projects. The reimbursement will be made from funds received from Time Warner that are restricted for capital expenditures for public and governmental programming. FUNDING SOURCE Public Education Government Programming (PEG) Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an agreement with Lamar University in a reimbursable amount not to exceed $221,120.13 for the purchase and upgrade of equipment related to broadcasting for LUTV. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. - Mayor Becky Ames - City of Beaumont Agreement between the City of Beaumont and Lamar University regarding equipment for LUTV The City of Beaumont and Lamar University hereby agree: 1. There is mutual benefit to each other and to the citizens of the community and surrounding areas in acquiring newer technology and enhanced technical equipment for the operation of LUTV, (the local Public, Educational, and Government (PEG Channel). 2. In accordance with that mutual goal and in keeping with previously agreed documents which are attached (see Attachments) and included here by reference, the City of Beaumont agrees to reimburse Lamar University up to $221,120.13, for the purchase and upgrading of equipment related to broadcasting, the listing and cost of which is set forth in Exhibit A. 3. Lamar University agrees to purchase the equipment and see that it is properly installed and in good working order and agrees to maintain the equipment. 4. The City of Beaumont agrees to reimburse Lamar University within 30 days of receiving the receipt for purchases consistent with Exhibit A. 5. The Parties agree that if a dispute arises they will first try to work it out between themselves in a good faith effort to resolve their differences. If they cannot reach agreement they agree that they may seek redress in legal action. Notwithstanding anything in this section, however, both parties agree that this contract does not grant a waiver of the constitutional, statutory or common law rights, privileges, defenses or immunities of the parties. Office of the City Manaoer • (409) 880-3708 • Fax (409) 880-3112 P.O.'. EXHIBIT "A" 77704-3827 Bk AUMONi. IE%AS City of Beaumont The following persons certify that they have the authority to act on behalf of the City of Beaumont and Lamar University respectively: City of Beaumont Signature Printed Signature Lamar University Signature Printed Signature Date Signed Date Signed Office of the City Manager 0 (409) 880-3708 • Fax (409) 880-3112 P.O. Box 3827 0 Beaumont, Texas 77704-3827 Channel 7 Infrastructure Equipment List UftraNEXUS-HD Video Server L_GX-2TBR-U( Hard Disk Array Drobo 5Dt 30TB 5 -Bay Thunderbolt 2 RAID w/Drives AJA KUMO Remote Control Panel 27 -inch iMacWth Retina SK Display Units GostPxrlJnit Tax Rate Amount 1 $13,995 $ 13,995.00 1 $1,799 $ 1,799.00 1 $1,991.95 $ 1,991.95 1 $525.00 $ 525.00 1 $4,870.15 $ 4,870.15 Invoice Subtotal $ 23,181.10 Tax Rate 0. Sales Tax - Other TOTAL. $ 23;t;1SC4>r! LUN Studio Equipment List description Units DJI Phantom 4 Pro Quadcopter 1 Pro Gel Vivid Colors Filter Pack 12x12" 1 'Impact Fluorescent 19" Ring Light w/Dimmer 1 Kan ID1000-PLUS Daylight LED Light 4 Strand Lighting HUI Cyc 1 Light (120VAC) 4 Strand Lighting Groundrow Screw Jack Feet Set 2 MagiCue Studio 15" Prompter Package 1 Avinair Spitfire 8 -Port VGA Splitter 1 fElvid OCM-10-PSM FieldVision 10.1" Pro IPS Monitor 1 _Watson NP -F770 Lithium -Ion Battery Pack 2 'Stage -n -Studio 14'x36' Velour Black Curtain 1 Stage -n -Studio 14'x36' Sharkstooth Scrim_ Cost Per Wd $ 8,806.54 Arhount $1,395 $ 11394.99 $22.95 $ 22.95 $199.95 $ 199.95 $649.00 $ 2,596.00 $199.95 $ 799.80 $5.50 $ 11.00 $499 $ 499.00 $2323.00 .. $699.95 _ . $ _ 699.95 $44.95 $ 89.90 $1,315 $ 1,315.00 -- — _.-$1,155—. ----$.— ---- -- -- 1,155.00 Invoice Subtotal $ 8,806.54 Tax Rate 0. Sales Tax - Other TqTAL $ 8,80654 Sports Broadcasting Equipment List iesc�iption units Cost Per Unit 0.00 Amount JVC GY-HM 8500 ProHD Camera w/Fujinon 20x Lens 7 $7,695 $ 53,865.00 Porta Brace Rain Slicker for JVC CY-HM850/950 7 $198.77 $ 1,391.39 JVC Gold -Mount Battery & Tandem -70 Power Package 7 $822.95 $ 5,760.65 JVC CTC -7006/S Travel Camera Case 7 $449.95 $ 3,149.65 kan Micro Spot On Light (Daylight) 4 $49.80 $ 199.20 'Man !LED -MA Micro Flood Light 3 $49 $ 147.00 Manfrotto 504HD Head w/546B Tripod System 7 $799.88 $ 5,599.16 Sony MDR -7506 Headphones 7 $79.99 $ 559.93 �Sennheiser ew 100 ENG G3 Wireless Basic Kit 7 $899.99 $ 6,299.93 Polsen SDC -2150 -MP Small -Diaphragm Condenser Mic 11 $59.95 $ 659.45 Sennheiser MD 46 Dynamic ENG Microphone _ 15 _ _ _ $199.95 _ $ ` 2,999.25 Invoice Subtotal $ 80,630.61 Tax Rate 0.00 Sales Tax - Other TOTAL. $ 80,53,0.61 LUN -7 Film/Video List Pg. 1 -Description Units Cost Per Unit 0.0 Amount Chrosziel 450-112 Matte Box+ Follow Focus Kit 1 2,416.00 $ 2,416.00 Lexar 128GB Pro 3500x CFast 2.0 Memory Card 2 338.95 $ 677.90 Blackmagic Design URSA Viewfinder 1 1,495.00 $ 1,495.00 IDX Sys Tech Two DUO -C95 Batteries and Charger Kit 1 656.52 $ 656.52 Blackmagic Design URSA Mini Pro 4.6K Camera 1 5,995.00 $ 5,995.00 Comprehensive Standared PC Power Cord - 6' 1 4.49 $ 4.49 Blackmagic Design V -Mount Battery Plate for URSA 1 95.00 $ 95.00 Blackmagic Design Shoulder -Mount Kit for URSA Mini 1 395.00 $ 395.00 Sony PXW-FS7M2 4K XDCAM Super 35 Camcorder Kit 2 12,999.00 $ 25,998.00 Sony BP -U90 Battery Pack 2 399.00 $ 798.00 Dolgin Engineering TC40 Four Position Battery Charger 1 383.00 $ 383.00 Metabones Canon Sony E -Mount T Cine Smart Adapter 2 449.00 $ 898.00 Pota Brace RIG-FS7XL Large Rig Camera Case 2 285.57 $ 571.14 DA Phantom 4 Pro Quadcopter 1 1,394.99 $ 1,394.99 Oconnor Standard Mitchell Base High Hat 2 361.00 $ 722.00 Sachtler FSB 10 T ENG 2 D Aluminium Tripod System 1 3,230.00 $ 3,230.00 Marshall Electronics V-LCD70MD-3G 7" Monitor 1 724.00 $ 724.00 Elvid 7" FieldVision Pro Monitor with Scopes 1 899.00 $ 899.00 Rokinon 14mm T2.8 AS UMC Cine DS Lens for Canon EF 1 399.00 $ 399.00 Rokinon 24mm T1.5 AS UMC Cine DS Lens for Canon EF 1 499.95 $ 499.95 C2nnn TC -F 17mm f/al-MtAhift I ane 1 7 1dQ nn <` 7 1AQ nn Invoice Subtotal $ 50,400.99 Tax Rate 0.0 Sales Tax - Other TOTAL $ 50,400.99 LUN -7 Film/Video List Pg. 2 Description Units Canon EF 50mm F/1.4 USM Lens 2 Canon EF 100-400mm f/4.5 -5.6L IS II USM Lens 1 Zeiss Millvus ZE Four Lens Bundle for Canon 1 Zeiss Millvus 135mm F/2.0 ZE Lens for Canon EF 1 Arrilite / Fresnel Tungsten 4 Light Combo Kit 1 Arra Softbank IV Plus 5 Light Kit (120V AC) 1 Arrisun 1200/180OW Electronic Ballast (90-250V AC) 1 Genaray SpectorLED 500 Bi -Color LED Three Light Kit 1 Arri SkyPanel S60 -C LED Softlight 2 Impact Turtle Base C -Stand Kit 10.75' (Chrome) 5 Mathews Gobo Arm with Magic Finger 40" 2 Impact Lowboy Folding Stand with Combo Head (4') 2 Matthews Mombo Combo Standard Stand (24') 2 Matthews Super Mafer Clamp with 5/8" Pin - Black 3 'Matthews Double Super Mafer Clamp 2 Impact CC -125 Adjustable Gaffer Clamp 2 _Impact Saddle Sandbag- 25 Ib (Black) 5 Imnart Carirflo SanrIhaw- 15 Ih fRlarkl -9 Cost Pet Unit $ 40,156.52 Amount 329.00 $ 658.00 1,999.00 $ 1,999.00 6,834.00 $ 6,834.00 2,199.00 $ 2,199.00 3,230.00 $ 3,230.00 3,867.50 $ 3,867.50 6,247.50 $ 6,247.50 997.27 $ 997.27 5,625.00 $ 11,250.00 154.95 $ 774.75 116.50 $ 233.00 174.95 $ 349.90 494.40 $ 988.80 36.00 $ 108.00 47.95 $ 95.90 31.95 $ 63.90 30.00 $ 150.00 22(X1 S lin nn Invoice Subtotal $ 40,156.52 Tax Rate 0.0 Sales Tax - Other TOTAL: $ 40,156.52 LUN -7 Film/Video List Pg. 3 Dwcri tion'_.. Units Matthews Set of Four Apple Boxes 3 Impact 5 -in -1 Collapsible Circular Reflector Disc - 42" 1 Digital Juice Butterfly Chroma Pop Studio Kit 1 Sunbounce Sun -Scrim Butterfly Super Saver Starter Kit 1 Rode NTG2 Complete Shotgun Microphone HDSLR Kit 5 Matthews Sound Blanket w/Grommets 5 Alan Gordon Color Combo Scene Slate 4 Rolls MX124 Portable 4 -Ch Stereo Mixer 2 Tascam DR -701D 6 -Track Recorder for DSLR 2 Tascam DR-60Dmkll Recorder for DSLR 2 ;Zoom H4n Handy Recorder Kit w/SDRC Card 3 SKB Custom Fit iSeries Waterproof Case for Zoom H4n 3 Watson LP-E6N Lith Ion Battery (7.4v, 2000mAh) 6 Canon BP -955 Intelligent Lith Ion Battery (7350mAh) 6 Canon LP -E8 Rechargeable Lith Ion Batery (7350 mAh) 6 Porta Brace RIG-URSA Camera Case 1 2oom H1 Ultra Portable Digital Audio Recorder 5 Marantz Pro PMD -661 MKIII Solid -State Recorder 3 Marantz Pro PMD661 MKII Pro Portable Flash Recorder 3 Aeri rinDrhnira 4Zn2nRno fnr C17n ChvPnnal 7 Coat Per'lJnit $ 15,408.84 Amount 114.95 $ 344.85 49.95 $ 49.95 898.45 $ 898.45 809.95 $ 809.95 599.95 $ 2,999.75 55.20 $ 276.00 68.50 $ 274.00 150.00 $ 300.00 499.99 $ 999.98 199.99 $ 399.98 249.00 $ 747.00 49.99 $ 149.97 39.95 $ 239.70 149.00 $ 894.00 47.49 $ 284.94 372.37 $ 372.37 79.99 $ 399.95. 499.00 $ 1,497.00 479.00 $ 1,437.00 1017_nn S 7_n3a_nn Invoice Subtotal $ 15,408.84 Tax Rate 0.0 Sales Tax - Other TOTAL $ 15,408.84 Media Services Equipment List bion Units. -. it: 0. Arnbunt Genaray Spectrol-ED Essential 360 Bi -Color LED Light Kit 2 $699.30 $ 1,398.60 In►pact Light Kit Bag,#SB 2 $104.95 $ 209.90 Impact Saddle Sandbag (15 Ib) 6 $21.95 $ 131.70 Senal,IVI64-R.Complete Shotgun Mic and HDSLR Kit _. 1 $599.95 $ 599.95 Auray Boonipole Holder aa4 Grip Head Kit 1 $42.95 $ 42.95 I ImiiactTurtte Base C -Stand Kit -10.75' (Black) 1 $155.43 $ 155.43 Invoice Subtotal $ 2,538.53 Tax Rate 0. Sales Tax - Other LUN -7 Comprehensive Funding Totals 6Se5 Units CosIE�P"�ii# 0.00% Mtoui►t Ch. 7 Infrastructure Equipment Total --J _----- _— .------ 1 --- $23,181.10 ---- $ -$ - ----- -----� 2_3,181.10 LUN Studio Equipment Total 1 $8,806.54 8,806.54 Sports Broadcasting Equipment Total 1 $80,630.61 $ 80,630.61 Film/Video Equipment Total 1 $105,963.35 $ 105,963.35 Media Services Equipment Total 1 $2,538.53 $ 2,538.53 Invoice Subtotal $ 221,120.13 Tax Rate 0.00% Sales Tax - Other TOTAL $ 221,120.13