HomeMy WebLinkAboutPACKET APR 13 2010 RICH WITH OPPORTUNITY
17C A.11 1�1 C1 11*
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 13, 2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve an application for, and acceptance of,new funding for the Southeast Texas Auto
Theft Task Force
B) Authorize the City Manager to enter into a memorandum of understanding with Baptist
Hospitals of Southeast Texas for the Hospital to make application for grant funding
through the Port Security Grant Program
C) Authorize the City Manager to execute a three party agreement with Burlington,Northern
& Santa Fe Railroad, Beaumont Independent School District and the City
D) Authorize the acceptance of a Water Line Easement to provide water services for Harbor
Hospital
E) Authorize the acceptance of a Water Line Easement to provide water services for Regina
Howell Elementary School
F) Authorize the acquisition of properties for the Concord Road Pavement Widening Project
G) Authorize the City Manager to execute a contract amendment to an existing contract with
ITEX Properties for the Sunlight Manor Apartments project
A
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin Jr., Chief of Police '} C
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider authorizing an application for, and
acceptance of, new funding for the Southeast Texas Auto
Theft Task Force
RECONEWENDATION
Administration recommends approval of an application for, and acceptance of, new funding for
the Southeast Texas Auto Theft Task Force.
BACKGROUND
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven
personnel from the Beaumont Police Department, and one each from Jefferson County Sheriffs
Office, Pt. Arthur Police Department and the Hardin County Sheriff s Office. Since the inception
of the Task Force, motor vehicle thefts have decreased in Beaumont by 83.6%from 1721 in 1992
to 281 in 2009. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties.
The Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and
vehicle thefts, and public awareness, which uses media campaigns, training and public
presentations to promote prevention techniques and awareness.
The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since
1993. The Task Force is presently operating on $559,240 funded by the Texas Automobile Theft
Prevention Authority. Participating agencies are also providing$183,160 in cash match, and
$324,707 in"in-kind" match for a total project cost of$ 1,083,107.As a result of Title 43, Part
III, Chapter 57 of the Texas Administrative Code, local government agencies may apply for one
year funding for a State Grant through the Texas Automobile Burglary and Theft Prevention
Authority. The grant cycle will begin on September 1, 2010 and end on August 31, 2011.
BUDGETARY Il"ACT
The application for FY2011 is in the amount of$1,128,088. State funds in the amount of
$605,366 are being requested from the Automobile Burglary and Theft Prevention Authority.
The Beaumont Police Department will provide$142,219 on a cash match in the form of personnel
benefits, fuel, and maintenance for vehicles, while other agencies will provide an additional
$46,203 in cash match. An"in-kind" match of$334,300 will also be provided in the form of
salaries for personnel.
Revised 1/08
APPLICATION FOR STATE ASSISTANCE
AUTOMOBILE BURGLARY&THEFT PREVENTION AUTHORITY ABTPA
1. For ABTPA Use Only 3.a.Date Submitted b.Applicant Identifier
2.State Program Classification(For ABTPA Use Only) 4.a.Date Received by State b.State Application Identifier
5.Applicant Information
a. Legal Name: City of Beaumont c.Organized Unit: Beaumont Police Department
b.Address(give street or P.O.Box,City,County,State,and Zip Code) d. Name and telephone number of person to be contacted on matters
P.O. BOX 3827 involving this application(give area code)
Beaumont,Jefferson County,Texas 77704 Lt. Karen Froman (409)842-6341 Ext.22
6.State Payee Identification Number: 7.Type of Applicant(enter the appropriate letter in box)
174000278900 [C]
A. State H. Independent School District
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
D. Township K. Indian Tribe
E. Interstate L. Individual
F. Intermunicipal M. Nonprofit Organization
G. Special District N. Other(specify):
8.Type of Application: 9. Name of Grantor Agency:
❑ New ❑x Continuation ❑ Revision Texas Automobile Burglary&Theft Prevention Authority
4000 Jackson Avenue
If Revision,check appropriate box(es). Austin,Texas 78731
Phone: (512)374-5101
❑ Increase Award ❑ Decrease Award ❑ Other (specify) Fax: (512)374-5110
Website:www.txwatchyourcar.com
❑ Increase Duration ❑ Decrease Duration
10.Title of Project: 11.Areas of Project Activities(Cities,Counties,States,etc.)
Jefferson, Hardin, Orange,Jasper Counties and all
Southeast Texas Auto Theft Task Force municipalities therein.
12. Proposed Project 13. Is application subject to review by state executive order 12372 process?
Start Date: September 1,2010 YES,this application was made available to the Texas Review and Comment System
(TRACS)
Ending Date: August 31, 2011 for review on
Date
14. Funding Summary: ❑x NO. ❑ Program is not covered by E.O. 12372
Total of a,b,&c must agree with d.
Note: Please enter whole dollars for the amounts
requested.
a.Total State Grant Funds $ 605,366 ❑ Program has not been selected by state for review
Requested(ABTPA)
15. Is the applicant delinquent on any federal debt?
b.Cash Match $ 188,422
c. In-Kind Match $ 334,300 ❑ YES If"Yes"attach an explanation NO
d.TOTAL(s) $ 1,128,088
16.To the best of my knowledge and belief,all data in this application is true and correct. The document has been duly authorized by the governing
body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded.
a.Typed name of Authorized Official b.Title c.Telephone Number
Kyle Hayes City Manager (409)880-3708
d.Signature of Authorized Official e.Date Signed
ABTPA-1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby authorizes the City Manager to apply for funding in the
amount of $1,128,088 for FY 2011 operations of the Southeast Texas Auto Theft Task
Force.
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute the necessary documents for acceptance of the funding and to receive and
disburse funds related to the operation of the Southeast Texas Auto Theft Task Force.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April,
2010.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
[I 17C A► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to enter into
a memorandum of understanding with Baptist Hospitals of
Southeast Texas for the Hospital to make application of
grant funding through the Port Security Grant Program
(PSGP).
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Federal funding is available for eligible applicants or non-profit agencies who work through an
eligible agency to facilitate the grant process. Baptist Hospitals of Southeast Texas is an eligible
applicant but is prohibited from applying for federal grant funding without the City of Beaumont,
an eligible agency, facilitating the process.
Baptist Hospitals has identified a specific project that would qualify for federal funding. Baptist
Hospitals would use funds from the Port Security Grant Program to install a surveillance system
in the public areas at the facility for a project cost of$436,585.86. The citizens of Beaumont and
this region will directly benefit from the enhanced security if the hospital receives the funding.
The memorandum of understanding formally describes each party's responsibilities. The
agreement is attached for your review.
BUDGETARY IMPACT
The City will have no financial obligation due to facilitating the grant for Baptist Hospitals of
Southeast Texas. Baptist Hospitals will provide any local match required under the guidelines of
the grant program.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a memorandum of
understanding with Baptist Hospitals of Southeast Texas (the "Hospital")to facilitate grant
funding for the Hospital through the Port Security Grant Program (PSGP). The agreement
is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April,
2010.
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF BEAUMONT
AND
BAPTIST HOSPITALS OF SOUTHEAST TEXAS
This Memorandum of Understanding ("MOU") entered into and effective this 14" day of April, 2010
(`Effective Date") by and between the City of Beaumont and Baptist Hospitals of Southeast Texas
(Baptist Hospitals). Hereinafter individually may be referred to as a "Party" and collectively as the
"Parties."
This MOU describes each party's responsibilities and duties as they pertain to the City of Beaumont, a
member of the Sabine-Neches Area Maritime Security Committee, and designated provider of Layered
Security within the Eligible Port Area under the AMSP to represent Baptist Hospitals in applying for a
Port Security Grant. Federal funding is available for eligible applicants or non-profit agencies who work
through an eligible agency to facilitate the grant. This document addresses the relationships between
and among the parties and is intended to augment current working relationships.
This MOU provides the framework for Baptist Hospitals to request federal funding assistance for
specific projects, to include: Funding through the Port Security Grant Program (PSGP) would be
requested to provide a video surveillance system for public areas of the hospital and access control
system upgrade which will expand regional capabilities in the event of a CBRNE incident. Baptist
Hospitals is one of the largest hospitals in Southeast Texas and is critical to emergency and specialized
care in our region which stretches from Houston to Baton Rouge. As such, the hospital plays a vital role
in layered security through its partnership with the City of Beaumont.
By signing this Memorandum of Understanding, each party is evidencing its intent to abide by the terms
of the MOU in the event grant funding is requested or awarded. The terms of this MOU are to be
incorporated into the City of Beaumont's and Baptist Hospitals' emergency management plans.
NOW THEREFORE, for in consideration of the premises and mutual understandings contained herein,
the parties of this MOU understand that:
1. PURPOSE: This MOU outlines actions of the City of Beaumont as a Consortium within
the Sabine-Neches AMSC for sponsoring Baptist Hospitals in accordance with this MOU and
grant eligibility regulations. This written memorandum supports emergency preparedness
and facilities requests for federal assistance through the Department of Homeland Security.
EXHIBIT "A"
2. AUTHORITY: Approval by the City of Beaumont City Manager and Baptist Hospitals
Administration.
3. GENERAL:
a. SCOPE: This MOU provides documentation for support between the City of
Beaumont and Baptist Hospitals and MOUs herein apply only to the participating
parties and are not intended to supersede existing regulations or MOUs. If any term
of this MOU is inconsistent with applicable laws, regulations or statutes, then that
term shall be invalid, but the remaining terms and conditions of this MOU shall
remain in full force and effect.
b. ASSUMPTIONS:
i. The City of Beaumont will represent the Sabine-Neches AMSC to support
Baptist Hospitals for a grant application under the Port Security Grant if
approved in line with the Area Maritime Security Committee. The
surveillance project is estimated to cost $436,585.86.
ii. Baptist Hospital will provide any local funding match required under the
guidelines of the respective grant programs.
iii. Baptist Hospitals will provide the Beaumont Police Department and/or its
designee unrestricted access to any video surveillance conducted through the
system infrastructure funded through the grant program in accordance with
layered security.
iv. Baptist Hospitals will receive and expend all allowable funding and is
responsible for the accounting of such, including preparing financial reports as
required in the grant guidelines, providing a copy of all such reports (as
applicable) to the City of Beaumont upon filing them with the proper
authority, and accounting for the monies in the financial system as indicated
in the grant guidelines, if addressed.
4. LOGISTIC SUPPORT:
a. PLANS: There will be no additional plans to accompany this MOU.
b. MAINTENANCE: Both parties will be responsible for maintenance of their
respective obligations.
c. MANPOWER: Both parties will be required to supply its own manpower in
facilitating the grant process.
5. OPERATIONAL SUPPORT: Operational support is anticipated for gaining access to real-
time surveillance footage and maintaining grant and funding accountability.
6. MOU AND ADMINISTRATION: This MOU is effective immediately upon signature by
all parties and will be terminated only after legal restrictions on grant funded projects have
been met.
7. AMENDMENT AND ASSIGNMENT: This MOU shall not be modified or amended in
any respect except by written MOU executed by the City of Beaumont and Baptist Hospital
administration in the same manner as this MOU is executed. This MOU shall not be
assigned, directly or indirectly, by the City of Beaumont. Any attempted assignment by the
City of Beaumont shall be void and no force or effect.
8. AGREEMENT AND ADMINISTRATION: This Memorandum of Agreement is
effective immediately upon signature by all parties and will only be terminated after one
party notifies the other party 30 days in advance requesting termination. The Memorandum
of Agreement will be reviewed every two years from the effective date.
9. POINTS OF CONTACT
a. Beaumont Police Department, Tim Ocnaschek, Emergency Management
Coordinator/POC, 700 Orleans, Beaumont, Texas 77701. Phone numbers: work (409)
980-7275 or (24/7 Dispatch (409) 880-3865; email: tocnaschek(a.ci.beaumont.tx.us.
b. Baptist Hospitals, Jay Deville, Director of Facilities, (409) 212-5080; email
jay.deville(a�mhbh.org; Jeromy Jenkins, Director of Safety, (409) 212-5096; email
Jeromyjenkins(&rnhbLM; John Richardson, Director of Security, (409) 212-5091,
email„iohn.richardson,(mhbh.org, 3080 College, Beaumont, Texas 77701.
APPROVED BY:
Kyle Hayes, City Manager Date
City of Beaumont
I
Gary Troutman, Chief Financial Officer Date
Baptist Hospitals of Southeast Texas
I
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RICH WITH OPPORTUNITY
r
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
-<•` J-
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider a resolution authorizing the City
Manager to execute an agreement with Burlington,
Northern & Santa Fe Railroad, Beaumont Independent
School District and the City.
RECOMMENDATION
The Administration recommends City Council approve a resolution authorizing the City
Manager to execute a Three Party Agreement with Burlington, Northern & Santa Fe (BNSF)
Railroad, Beaumont Independent School District (BISD) and the City for the Bayou Willow
Parkway Project.
BACKGROUND
As part of the Bayou Willow Parkway Project, a three-lane concrete roadway is being
constructed to provide ingress and egress for the BISD Multi-Purpose Center. The roadway
will connect the eastbound Interstate Highway 10 feeder road and State Highway 124 (Fannett
Road). The project requires that the three-lane concrete roadway be constructed with an at-
grade railroad crossing on tracks owned by BNSF Railroad Company. The railroad tracks are
located one hundred eleven feet (I I V) northwest of State Highway 124 (Fannett Road) within
the street right-of- way of Bayou Willow Parkway, which will be conveyed to the City of
Beaumont by Beaumont Independent School District (BISD).
BUDGETARYIMPACT
None.
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 Grade Crossing
Construction and Maintenance Agreement with Burlington, Northern & Santa Fe Railway
Company and Beaumont Independent School District for the Bayou Willow Parkway
Project. 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 13th day of April,
2010.
- Mayor Becky Ames -
GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT
BNSF File No. 023805
Bayou Willow Parkway
U.S. D.O.T. No. 023805K
Railroad Line Segment 7505
Railroad Milepost 71.30
This Agreement ("Agreement"), is executed to be effective as of this 30'h day of December, 2009
("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), the
CITY OF BEAUMONT, a political subdivision of the State of Texas ("City"), and the BEAUMONT
INDEPENDENT SCHOOL DISTRICT("Agency").
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of El Paso, State of
Texas;
WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is undertaking a project
to create the new Bayou Willow Parkway at-grade crossing, located at BNSF Line Segment 7505 and
Milepost 71.30, and designated by the new D.O.T. No. 023805K, by constructing a 3-lane roadway and
installing railroad crossing signals and activation equipment within a new roadway easement across the
BNSF right-of-way as indicated on the Exhibit A, attached hereto and incorporated herein; and
WHEREAS, the existing at-grade crossing known as Private/Field Road, Milepost 71.45, DOT No.
023738T, Line Segment 7505, Silsbee Subdivision, Gulf Division will be permanently closed, vacated,
abandoned, and removed upon completion of construction and the placing in service of said new Bayou
Willow Parkway at-grade crossing;
WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the
installation of advance warning signs, pavement marking stop bars or crossing signal equipment
(hereinafter collectively called, "Crossing Signal Equipment"); and
WHEREAS, the Agency also desires BNSF to install a new crossing surface at Bayou Willow Parkway
with a new concrete and rubber crossing surface;
WHEREAS, the Agency is paying for the acquisition and installation of crossing signal equipment and the
new crossing surface at Bayou Willow Parkway;
WHEREAS, the BNSF agrees to purchase and install, at AGENCY'S sole expense, the crossing signal
equipment and the new crossing surface described in the scope of work herein, and upon the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained
herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I—SCOPE OF WORK
1. The term "Project"as used herein includes any and all work related to the construction of Bayou
Willow Parkway by the Agency and installation of crossing signals, activation equipment, and new
crossing surfaces at U.S. D.O.T No. 023805K, (hereinafter referred to as the"Crossing")by BNSF, more
particularly described on the Exhibit A, including, but not limited to, any and all changes to telephone,
telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing,
grading, alterations to or new construction of drainage facilities, preliminary and construction engineering
and contract preparation and the permanent removal, closure, vacation, and abandonment of the at-
Bayou Willow Parkway C&M Agreement(12/30/2009) Page 1 Form 0118 Rev. 12/28/09
EXHIBIT "A"
grade crossings known as known as Private/Field Road, Milepost 71.45, DOT No. 023738T, Line
Segment 7505, Silsbee Subdivision, Gulf Division.
ARTICLE II—BNSF OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF
agrees as follows:
1. In consideration of the faithful performance of the Agency's covenants contained herein, BNSF
hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions set
forth in this Agreement, permission and license to enter upon and use the portion of BNSF's right-of-way
as is necessary to construct and thereafter maintain, the Crossing as described further on Exhibit A,
excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain,
permission or authority from BNSF, to do the following:
(a) Operate, maintain, renew and/or relocate any and all existing railroad track or-tracks, wires,
pipelines and other facilities of like character upon, over or under the surface of said right-of-
way;
(b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without limitation,
such facilities as the BNSF may from time to time deem appropriate;
(c) Otherwise use or operate the right-of-way as BNSF may from time to time deem appropriate.
This right is given by BNSF without warranty of title of any kind, expressed or implied, and no covenant
on warranty of title shall be implied from the use of any word or words herein contained. In the event
Agency is evicted by anyone owning, or claiming title to or any interest in said right-of-way, BNSF will not
be liable to Agency for any damages, losses or any expenses of any nature whatsoever. The granting of
similar rights to others, subsequent to the date of this Agreement, will not impair or interfere with the rights
granted to Agency herein.
2. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the
construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit
D attached hereto and made a part hereof. In the event construction on the Project has not commenced
within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise
the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will'become a part
of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on
Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written
approval of Agency, which approval will not be unreasonably withheld. Construction of the Project must
include the following railroad work by BNSF:
(a) Procurement of materials, equipment and supplies necessary for the railroad work;
(b) Preliminary engineering, design, and contract preparation;
(c) Furnishing of flagging services during construction of the Project as required and set forth in
further detail on Exhibit C, attached to this Agreement and made a part hereof;
(d) Furnishing engineering and inspection as required in connection with the construction of the
Project;
(d) Installation of one 56-foot concrete crossing surface for the one track complete with new rail,
ties, ballast, fasteners, along with appropriate surfacing, to carry the improved roadway and
sidewalks;
(e) Installation of Crossing Signal Equipment and Crossing Signal Control House as shown on
Exhibit A ;
Bayou Willow Parkway C&M Agreement(12/30/2009) Page 2 Form 0118 Rev. 12/28/09
(f) Make such changes in the alignment, location and elevation of its telephone, telegraph,
signal and/or wire lines and appurtenances along, over or under the tracks, both temporary
and permanent, as may become necessary by reason of the construction of the Project.
3. BNSF will do all railroad work set forth in Article Il, Section 2 above on an actual cost basis,when
BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its
own employees working under applicable collective bargaining agreements.
4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or
Agency's contractor in connection with the Project which BNSF deems is reasonably necessary for the
immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such
work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse
BNSF for all such emergency work.
5. BNSF may charge Agency for insurance expenses, including self-insurance expenses, when
such expenses cover the cost of Employer's LiabNity (+ncluding, without limitation, liability under the -
Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be
considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for
injury, loss or death to BNSF's employees, if any.
6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the
costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for
completed force-account work within thirty (30) days of the date of the invoice for such work. Upon
completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor
and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this section and Article
IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final
invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or
other charges due under this Agreement which are past its credit terms. The finance charge continues to
accrue daily until the date payment is received by BNSF, not the date payment is made or the date
postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges
as of the end of the month and will be reduced by amounts in dispute and any unposted payments
received by the month's end. Finance charges will be noted on invoices sent to Agency under this
section.
7. Upon completion of construction of the Project, BNSF will, at its sole cost and expense, operate
and maintain the Crossing Signal Equipment, Crossing Signal Control House, and the new crossing
surfaces, from end-of-tie to end-of-tie, in proper condition.
ARTICLE III—AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency
agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. Said plans (reduced size
11" x 17"), showing the plan and profile of the roadway work on BNSF right-of-way and marked as Exhibit
A, attached hereto and made a part hereof, must be submitted to BNSF for the development of railroad
cost estimates.
2. Agency must make any required application and obtain all required permits and approvals for the
construction of the Project.
3. Agency must acquire all rights of way necessary for the construction of the Project.
4. Agency must make any and all arrangements for the installation or relocation of wire lines, pipe
lines and other facilities owned by private persons, companies, corporations, political subdivisions or
public utilities other than BNSF which may be necessary for the construction of the Project.
Bayou Willow Parkway C&M Agreement(12/30/2009) Page 3 Form 0118 Rev. 12/28/09
I
5. Agency must construct the Project as shown on the attached Exhibit A and do all work ("Agency's
Work") provided for in the plans and specifications for the Project, except railroad work that will be
performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the
performance of Agency's Work. The principal elements of Agency's Work are as follows:
(a) Design and construction of Bayou Willow Parkway;
(b) Installation of a pavement marking stop bar in accordance with the Manual on Uniform
Traffic Control Devices(hereinafter called, "MUTCD");
(c) Installation of advance warning signs in accordance with the MUTCD
(d) Perform all necessary grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF's right-of-way;
(e) Provide suitable drainage, both temporary and permanent; - -
(f) Provide all barricades, lights, flagmen or traffic control devices necessary for preventing
vehicular traffic from using a portion of the Crossing, during the installation of the
concrete crossing surfaces, and also during the installation of the Crossing Signal
Equipment;
(g) Construct concrete roadway surface on approaches to each track;
(h) Job site cleanup including removal of all construction materials, concrete debris, surplus
soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the
satisfaction of BNSF;
6. The Agency will approve the location of the signals and signal bungalow prior to the installation
by BNSF.
7. The Agency must have advanced railroad crossing signs and standard pavement markings in
place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior to the
acceptance of this Project by the Agency.
8. The Agency must give BNSF's Manager Public Projects written notice to proceed ("Notice to
Proceed") with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will
not begin the railroad work(including, without limitation, procurement of supplies, equipment or materials)
until written notice to proceed is received from Agency.
9. The Agency's Work must be performed by Agency or Agency's contractor in a manner that will
not endanger or interfere with the safe and timely operations of BNSF and its facilities.
10. For any future inspection or maintenance, either routine or otherwise, performed by
subcontractors on behalf of the Agency, the Agency shall require the subcontractors to execute the C
documents. Prior to performing any future maintenance with its own personnel,the Agency shall: comply
with all of BNSF's applicable safety rules and regulations; require any Agency employee performing
maintenance to complete the safety training program at the BNSF's Internet Website
"contractororientation.com"; notify BNSF when, pursuant to the requirements of exhibit C, a flagger is
required to be present; procure, and have approved by BNSF's Risk Management Department, Railroad
Protective Liability insurance.
11. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar
days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached
hereto. Additionally, Agency must require its contractor(s) to notify BNSF's Manager of Public Projects
thirty(30)calendar days prior to commencing work on BNSF property or near BNSF tracks.
Bayou Willow Parkway C&M Agreement(12/30/2009) Page 4 Form 0118 Rev. 12128/09
12. Agency must include the following provisions in any contract with its contractor(s) performing
work on said Project:
(a) The Contractor is placed on notice that fiber optic, communication and other cable
lines and systems (collectively, the "Lines") owned by various telecommunications
companies may be buried on BNSF's property or right-of-way. The locations of these
Lines have been included on the plans based on information from the
telecommunications companies. The contractor will be responsible for contacting
BNSF's Communications Network Control Center at 800-533-2891, BNSF's Signal
Representative (Supervisor Signals-Construction) at 817-740-7384, and the
telecommunications companies and notifying them of any work that may damage
these Lines or facilities and/or interfere with their service. The contractor must also
mark all Lines shown on the plans or marked in the field in order to verify their
locations. The contractor must also use all reasonable methods when working in the
BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic,
cable, communication or otherwise)may exist.
(b) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering
representative to stop construction at no cost to the Agency or BNSF until these
items are completed.
In addition to the liability terms contained elsewhere in this Agreement, the contractor hereby indemnifies,
defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever
(including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way
contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that
cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor,
and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of-way,
(2) any injury to or death of any person employed by or on behalf of any telecommunications company,
and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or
(3) any claim or cause of action for alleged loss of profits or revenue by,or loss of service by a customer
or user of such telecommunication company(ies).THE LIABILITY ASSUMED BY CONTRACTOR WILL
NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY,
DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO
THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE OF BNSF.
(c) The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully
with any telecommunications company(ies)in performing such rearrangements.
13. Agency must require compliance with the obligations set forth in this agreement, including Exhibit
C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the
specifications therefore(i)the provisions set forth in Article III; (ii)the provisions set forth in Article IV; and
(iii) the provisions set forth in Exhibit C and Exhibit C-I, attached hereto and by reference made a part
hereof.
14. Except as otherwise provided below in this Section 13, all construction work performed hereunder
by Agency for the Project will be pursuant to a contractor contracts to be let by Agency, and all such
contracts must include the following:
(a) All work performed under such contract or contracts within the limits of BNSF's right-of-
way must be performed in a good and workmanlike manner in accordance with plans and
specifications approved by BNSF;
(b) Changes or modifications during construction that affect safety or BNSF operations must
be subject to BNSF's approval;
Bayou Willow Parkway C&M Agreement(12/30/2009) Page 5 Form 0118 Rev. 12/28/09
(c) No work will be commenced within BNSF's right-of-way until each of the prime
contractors employed in connection with said work must have (i) executed and delivered
to BNSF a letter agreement in the form of Exhibit C-I, and (ii) delivered to and secured
BNSF's approval of the required insurance; and
(d) If it is in Agency's best interest, Agency may direct that the construction of the Project be
done by day labor under the direction and control of Agency, or if at any time, in the
opinion of Agency, the contractor has failed to prosecute with diligence the work specified
in and by the terms of said contract, Agency may terminate its contract with the
contractor and take control over the work and proceed to complete the same by day labor
or by employing another contractor(s) provided; however, that any contractor(s) replacing
the original contractor(s) must comply with the obligations in favor of BNSF set forth
above and, provided further, that if such construction is performed by day labor, Agency
will, at its expense, procure and maintain on behalf of BNSF the insurance required by
Exhibit C-1.
(e) To facilitate scheduling for the Project, Agency shall-have-its contractor-give BNSF's - -
Roadmaster 90 days advance notice of the proposed times and dates for work windows.
BNSF and Agency's contractor will establish mutually agreeable work windows for the
Project. BNSF has the right at any time to revise or change the work windows, due to
train operations or service obligations. BNSF will not be responsible for any additional
costs and expenses resulting from a change in work windows. Additional costs and
expenses resulting from a change in work windows shall be accounted for in the
contractor's expenses for the Project.
15. Agency must advise the appropriate BNSF Manager Public Projects and the City's Public Works
Director, in writing, of the completion date of the Project within thirty(30)days after such completion date.
Additionally, Agency must notify BNSF's Manager Public Projects, in writing, of the date on which Agency
and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project.
16. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY RELEASES,
INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES,
PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION,
SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT
COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON
(INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY
DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE
OR IN PART) (1) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE,
(II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS
AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE
CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE
OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE 11 OF THIS AGREEMENT, (V)
ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE 11 OF THIS AGREEMENT, (VI)
AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING,
WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII)
AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR
CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR
ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY
AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO
Bayou Willow Parkway C&M Agreement(12/30/2009) Page 6 Form 0118 Rev. 12/28/09
THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE OF BNSF.
17. Agency must take all necessary actions to permanently close,vacate, and abandon,the roadway
crossing the right of way known as Private/Field Road, Milepost 71.45, DOT No. 023738T, Line Segment
7505, Silsbee Subdivision, Gulf Division prior to the start of construction of said new Bayou Willow
Parkway at-grade crossing.
18. Agency must perform all necessary work to obtain the permanent closure, vacation,and removal
of the at-grade crossing known as Private/Field Road, Milepost 71.45, DOT No. 023738T, Line Segment
7505, Silsbee Subdivision, Gulf Division across BNSF's right-of-way and must barricade and remove the
road approaches within 3 days of opening of the new at-grade crossing to vehicular traffic. BNSF will
cooperate with Agency to achieve the closures and vacations and will remove the crossing surface within
its right-of-way. If Agency's work for both closures and vacations is not completed after 3 days of opening
the new at-grade crossing, Agency authorizes BNSF to complete the necessary closure work, at the
Agency's expense. Agency agrees to fully reimburse BNSF for all such work.
ARTICLE IV—CITY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, City
agrees as follows:
1. For any future inspection or maintenance, either routine or otherwise, performed by
subcontractors on behalf of the City, the City shall require the subcontractors to execute the C
documents. Prior to performing any future maintenance with its own personnel, the City shall: comply
with all of BNSF's applicable safety rules and regulations; require any City employee performing
maintenance to complete the safety training program at the BNSF's Internet Website
"contractororientation.com"; notify BNSF when, pursuant to the requirements of exhibit C, a flagger is
required to be present; procure, and have approved by BNSF's Risk Management Department, Railroad
Protective Liability insurance.
2. In addition to the terms and conditions set forth elsewhere in this Agreement, the City agrees to
the following terms upon completion of construction of the Project:
(a) City will own and be fully responsible for repairs, maintenance, future construction or
reconstruction of the Bayou Willow Parkway roadway.
(b) City will maintain the elevation of the Bayou Willow Parkway roadway approaches to
match the elevation on the railroad track crossing surfaces and to be no more than three
(3) inches above or six(6) inches below top-of-rail elevation at a distance measured thirty
(30)feet from the nearest rail.
(c) City will maintain the advanced railroad crossing warning signs and pavement markings
and, to the fullest extent allowed by the Laws and the Constitution of the State of Texas,
agrees to hold harmless and indemnify BNSF for any claims, damages or losses, in
whole or in part, caused by or due to the City's failure to maintain the advanced warning
signs and markings or other requirements of the MUTCD.
(d) City will do nothing and permit nothing to be done in the maintenance of the Bayou
Willow Parkway roadway, which will interfere with or endanger facilities of BNSF.
(e) Notwithstanding the provision of Article Il, Section 7(a), if any regulations, ordinances,
acts, rules or other laws subsequently passed or amended by the City or any other
governmental or legislative authority increase the City's portion of maintenance cost
under this Agreement, BNSF will receive the benefit of any such regulations, ordinances,
acts, rules or other laws and the City's increased portion of maintenance costs will be
incorporated into and made a part of this Agreement.
Bayou Willow Parkway CAM Agreement(12/30/2009) Page 7 Form 0118 Rev. 12/28/09
(f) It is expressly understood by the City and BNSF that any right to install utilities will be
governed by a separate permit or license agreement between the parties hereto.
3. The City must notify and obtain prior authorization from BNSF's Manager of Public Projects
before entering BNSF's right-of-way for Inspection and Maintenance purposes and the BNSF Manager
of Public Projects will determine if flagging is required. If the construction work hereunder is contracted,
City must require its prime contractor(s)to comply with the obligations set forth in Exhibit C and Exhibit C-
1, as the same may be revised from time to time. The parties hereto acknowledge that no party is an
agent, servant, or employee of any of the other parties, and each party agrees it is responsible for its own
individual acts and deeds as well as the acts and deeds of its contractors, agents, representatives, and
employees during performance of contract work.
ARTICLE V—JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: - - - - -
1. All work contemplated in this Agreement must be performed in a good and workmanlike manner
and each portion must be promptly commenced by the party obligated hereunder to perform the same
and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any
changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior
to the commencement of any such changes or modifications.
2. The work hereunder must be done in accordance with the Exhibit A and the detailed plans and
specifications approved by BNSF.
3. Agency must require its contractor(s)to reasonably adhere to the Project's construction schedule
for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in
accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies
will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability.
Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the
labor forces assigned to complete the railroad work in the event of an emergency to provide for the
immediate restoration of railroad operations (BNSF or its related railroads) or to protect persons or
property on or near any BNSF owned property. BNSF will not be liable for any additional costs or
expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any
reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or
costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF.
4. BNSF will have the right to stop construction work on the Project if any of the following events
take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the
plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF's opinion,
prosecutes the Project work in a manner which is hazardous to BNSF property, facilities or the safe and
expeditious movement of railroad traffic; or (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project. The work stoppage will continue until all necessary actions are
taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or
until additional insurance has been delivered to and accepted by BNSF. Any such work stoppage under
this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in
addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or
lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to
immediately notify the following individual in writing:
Claudine Starita
Parsons Project Manager
3395 Harrison Avenue
Beaumont, Texas 77706
Bayou Willow Parkway C&M Agreement(12/3012009) Page 8 Form 0118 Rev.12/28/09
5. Agency must supervise and inspect the operations of all Agency contractors to assure
compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all
safety requirements of the BNSF railroad. If BNSF determines that proper supervision and inspection is
not being performed by Agency personnel at any time during construction of the Project, BNSF has the
right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will
not proceed until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the
situation is not being corrected in an expeditious manner, BNSF will immediately notify Claudine Stanta,
Parsons Project Manager for appropriate corrective action.
6. Pursuant to this section and Article II, Section 6 herein,Agency must, out of funds made available
to it for the construction of the Project", reimburse BNSF in full for the actual costs of all work performed
by BNSF under this Agreement.
7. All expenses detailed in statements sent to Agency pursuant to Article 11, Section 6 herein will
comply with the terms and provisions of the Federal Aid Highway Program Manual, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated into and made a part
of this Agreement by reference. The parties mutually agree that BNSF's preliminary- engineering, design,
and contract preparation costs described in Article 11, Section 2 herein are part of the costs of the Project
even though such work may have preceded the date of this Agreement.
8. The construction of the Project will not commence until Agency gives BNSF's Manager Public
Projects thirty (30) days prior written notice of such commencement. The commencement notice will
reference BNSF's file number 023805 and D.O.T. Crossing No. 023805K and must state the time that
construction activities will begin.
9. If a railway or highway improvement project necessitates rearrangement, relocation, or alteration
of the Crossing Signal Equipment, Crossing Signal House, or the new crossing surface installed
hereunder, the costs for such rearrangement, relocation or alteration will be the responsibility of the party
requesting such changes
10. If the Crossing Signal Equipment and/or Crossing Signal House installed hereunder cannot,
through age, be maintained, or by virtue of its obsolescence, requires replacement,the cost of installation
of the new crossing signal equipment and/or new crossing signal house will be negotiated by the parties
hereto on the basis of the current Federal Aid Railroad Signal Program participation and applicable
Agency at the time of such replacement is warranted
11. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or
the costs or expenses for labor and material connected with the construction will at all reasonable times
be open to inspection and audit by the agents and authorized representatives of the parties hereto, as
well as the State of Texas and the Federal Highway Administration, for a period of one(1) year from the
date of the final BNSF invoice under this Agreement.
12. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the
successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither party
hereto may assign any of its rights or obligations hereunder without the prior written consent of the other
party.
13. In the event construction of the Project does not commence within twelve (12) months of the
Effective Date, this Agreement will become null and void.
14. Neither termination nor expiration of this Agreement will release either party from any liability or
obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or
events happening prior to the date of termination or expiration.
15. To the maximum extent possible, each provision of this Agreement will be interpreted in such a
manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited
by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of
such prohibition or invalidity and the remainder of the provision will be enforceable.
Bayou Willow Parkway C&M Agreement(12130/2009) Page 9 Form 0118 Rev. 12/28/09
16. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is
the full and complete agreement between BNSF, the Agency, and the City with respect to the subject
matter herein and supersedes any and all other prior agreements between the parties hereto. The parties
further agree that all existing agreements between the BNSF, the Agency, and the City concerning
licenses, permits, leases or easements at this location shall remain in full force and effect. To the extent
that property is referred to as being the "Railroad property," 'Railroad right of way," or other such notation,
such reference does not change the legal status of such property as it exists on the date of executing this
Agreement and such terms are simply used to reference the property where the Project is to be
constructed as of the Effective Date.
17. Any notice provided for herein or concerning this Agreement must be in writing and will be
deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the
following addresses:
BNSF Railway Company: BNSF Manager Public Projects
5800 North Main Street -
Saginaw, Texas 76179
Agency: BISD Superintendent
3395 Harrison Avenue
Beaumont,Texas 77706
City: Public Works Director
801 Main Street
P.O. Box 3827
Beaumont,Texas 77704-3827
Bayou Willow Parkway C&M Agreement(12/3012009) Page 10 Form 0118 Rev. 12/28/09
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by its duly qualified and authorized officials as of the day and year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name: J. Lyn Hartley
Title: Director Public Projects
AGENCY
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By:
Printed Name: Dr. Carrol Thomas
Title: BISD Superintendent
WITNESS:
CITY
CITY OF BEAUMONT,TEXAS
By:
Printed Name:
Title:
WITNESS:
Bayou Willow Parkway C&M Agreement(12/3012009) Page 11 Form 0118 Rev.12/28/09
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EXHIBITA
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Crossing LaYOUt
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Bayou Will w Par kway @ B NSF e
i Railroad Milepost 71.30 1 •"
4 in Beaumont.Texas 4 µ�, ,•
0+00 1+00 2+00 3+00 a+00 EX-13
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PREPARED SUBGRADE COMPACTED STRUCTURAL
NOTES: 1. REMOVE VEGETATION, EXCAVATE, GRADE AND PROOF FILL EMBANKMENT
ROLL PER TxDOT SPECIFICATION. REMOVE SOFT SPOTS.
FILL WITH STRUCTURAL FILL COMPACT.
2. HYDROMULEN SEED ALL DISTURBED
AREAS BEHIND CURB.
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EXHIBIT A
PAVEMENT SECTION
Within BNSF Right of Way
_...... ... ........-.......------................._..........__._ ... . .. ._- .....__...-._
BISD MULTI PURPOSE CENTER SHEET NO.;
INC. Bayou Willow Parkway
Consu*WE and land 37wveyvra PERMIT VICINITY MAP
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT N0.
(409) 832-7238 FAX (409) 832-7303 3-20-09 08247
The Burlington Northern & Santa Fe Railway Company
TO ENO OF TRACK TO BEAUMONT TX
I E EASTWARD APPR.1027'
20 MPH 120'MIN. WESTWARD APPR.1021
20 MPH
50'MIN. 24
BAYOU WILLOW PARKWAY
DOT 023 805 K
INSTALL: GATES & FLASHERS
CONTROL DEVICES: CONSTANT WARNING
++.. �\
- OUT
SALVAGE: NONE
INSTRUMENT HOUSE EXHIBIT A-RR Signal Sketch
BELL BNSF RAIL WA Y CO.
BEAUMONT, TX.
METER
BAYOU WILLOW PARKWAY>>
• CROSSING CONTROLL CONNECTIONS Warning deice placement: LS: 7505
BIDIRECTIONAL CROSSING CONTROL Clearance to C.L. Track = Min. 12' M.P. 71.30
Edge of Road to C.L.Foundation: DOT " 023 805 K
D UNIDIRECTIONAL CROSSING CONTROL Min.4'3'with curb. DIVISION GULF
Min.8'3' without curb, SUBDIVISION SILSBEE
Max.12'
A COUPLER OR TERMINATION House Clearance: 25'Min. to Near Rail KANSAS CITY
30'Min. to Edge of Road NO SCALE
ALL LIGHTS TO BE LED DATE: 06/26/09
l GUARD RAIL FILE: 7505071_30.dgn
DDF/DDF
7505071_30.dgn 6/30/2009 8:12:36 AM
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
• 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as
"Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter
referred to as "Railway Property", during the construction of Bayou Willow Parkway(DOT No.023805K)at
railroad milepost 71.30 in Beaumont,Texas.
• 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1"
Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in Rill force and
effect the insurance called for under Section 3 of said Exhibit"C-1". Questions regarding procurement of the
Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh,USA, 214-303-8519.
• 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
• 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause
the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create
a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction
work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors)
performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii)
Contractor(or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which
is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the
insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or(iv)Contractor
fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue
until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction
of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In
the event of a breach of(i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement,
Railway may immediately terminate the Temporary Construction License or the Easement. Any such work
stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop
the work is in addition to any other rights Railway may have including,but not limited to, actions or suits for
damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway
agrees to immediately notify the following individual in writing:
Claudine Starita
Parsons Project Manager
3395 Harrison Ave
Beaumont,Texas 77706
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to environmental laws and regulations(including
but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil
Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and
regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all
fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway
which arise out of Contractor's work under this Agreement.
• 1.01.06 The Contractor must notify the Beaumont ISD at (409) 617-5781 and Railway's Manager Public
Projects, telephone number 817-352-2902 at least thirty (30) calendar days before commencing any work on
Railway Property. Contractors notification to Railway, must refer to Railroad's file 023805K.
Bayou Willow Parkway—Exhibit C(10/06/09) 1
■ 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part
of the excavations located within, whichever is greater, twenty-five(25)feet of the nearest track or intersecting
a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from
centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish
the Railway five sets of working drawings showing details of construction affecting Railway Property and
tracks. The working drawing must include the proposed method of installation and removal of falsework,
shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework,
shoring or cribbing. For all excavation and shoring submittal plans, the current"BNSF-UPRR Guidelines for
Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design,
and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for
Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional
engineer licensed to practice in the state the project is located. All calculations must take into consideration
railway surcharge loading and must be designed to meet American Railway Engineering and
Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers
E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer
licensed to practice in the state the project is located.The Contractor must not begin work until notified by the
Railway that. plans have been approved. The Contractor will be required to use lifting devices such as, cranes
and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be
relieved of responsibility for results obtained by the implementation of said approved plans.
■ 1.01.08 Subject to the movement of Railway's trains,Railway will cooperate with the Contractor such that the
work may be handled and performed in an efficient manner.The Contractor will have no claim whatsoever for
any type of damages or for extra or additional compensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
■ 1.02.01 No employee of the Contractor,its subcontractors,agents or invitees may enter Railway Property
without first having completed Railway's Engineering Contractor Safety Orientation,found on the web
site www.contractororientation.com. The Contractor must ensure that each of its employees,
subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation
through internet sessions before any work is performed on the Project. Additionally, the Contractor
must ensure that each and every one of its employees, subcontractors,agents or in`dtees possesses a card
certifying completion of the Railway Contractor Safety Orientation before entering Railway Property.
The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor
must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on
the web site or from the Railway's Representative.
1.03 Railway Requirements
■ 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including
track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any
damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and
the cost of such repairs or replacement must be paid for by the Agency.
■ 1.03.02 The Contractor must notify the Railway's Division General Manager at 281-350-7781 and provide
blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations
adjacent to or on Railway's Property.
■ 1.03.03 The Contractor must abide by the following temporary clearances during construction:
■ 15' Horizontally from centerline of nearest track
■ 21'-6" Vertically above top of rail
■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
Bayou Willow Parkway—Exhibit C (10/06/09) 2
I
■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
■ 1.03.04 Upon completion of construction,the following clearances shall be maintained:
■ 25' Horizontally from centerline of nearest track
■ 23'-3 'h" Vertically above top of rail
■ 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be
submitted to the Railway and to the Beaumont ISD and must not be undertaken until approved in writing by the
Railway, and until the Beaumont ISD has obtained any necessary authorization from the State Regulatory
Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is
delayed pending Railway approval,and/or the State Regulatory Authority's approval.
■ 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing
tell-tales or other protective devices Railway deems necessary for protection of Railway operations.The cost of
tell-tales or protective devices will be borne by the Agency.
■ 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract
plans must be submitted to the Railway by Beaumont ISD for approval before work is undertaken and this work
must not be undertaken until approved by the Railway.
■ 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a
"Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials
across the Railways tracks.The temporary crossing must be gated and locked at all times when not required for
use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the
completion of the project,removed at the expense of the Contractor.
• 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum,
constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately
notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in
excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment,storage or
transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state
analogue.
• 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from
the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought
upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any
Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's
representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan
• 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and
implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project
Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety
portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for
all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at thejob site
through job safety briefings.Additionally,each Contractor must develop and implement the Safety Action Plan,
as provided for on the web site H-ww.contractororientation.coni, which will be made available to Railway
prior to commencement of any work on Railway Property. During the performance of work, the Contractor
must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the
contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and
Material Safety Datasheets(MSDS),at the job site.
• Contractor shall have a background investigation performed on all of its employees,subcontractors and agents
Bayou Willow Parkway— Exhibit C(10/06/09) 3
who will be performing any services on railroad property under this Agreement.
The background screening shall at a minimum meet the criteria defined by the e-RAILSAFE program outlined
at hl _::?±��a��. rlilsal'e.com in addition to any other applicable regulatory requirements.The e-RAiLSAFE
program uses rail industry background screening standards.
Contractor shall obtain consent from all employees screened in compliance with the e-RAILSAFE program
criteria to release completed background information to BNSF. Contractor shall be subject to periodic audit to
ensure compliance.
Contractor shall not permit any of its employees,subcontractors or agents to perform services on property
hereunder who are not approved under e-RAILSAFE program standards. Railroad shall have the right to deny
entry onto its premises to any of Contractor's employees, subcontractors or agents who do not display the
authorized identification badge issued by a background screening service meeting the standards set forth for the
e-RAILSAFE program or who pose a threat,in Railroad's reasonable opinion,to the safety or security of
Railroad's operations.
Contractors shall ensure its employees,subcontractors and agents are United States citizens or legally working
in this country under a work VISA.
1.05 Railway Flagger Services:
• 1.05.01 The Contractor must give Railway's Roadmaster Aaron Whitney at 337-572-2502 (office#)or 337-
303-4589 (cell #) a minimum of thirty (30) calendar days advance notice when flagging services will be
required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If
flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties
hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working
days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union
requirements.
• 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required
and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet
measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned
beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic
occurrence,but not limited thereto for the following conditions:
• 1.05.02a When,upon inspection by Railway's Representative, other conditions warrant.
• 1.05.02b When any excavation is performed below the bottom of tie elevation,if, in the opinion of Railway's
representative,track or other Railway facilities may be subject to movement orsettlement.
• 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds.
• 1.05.02d When any hazard is presented to Railway track, communications, signal,electrical, or other facilities
either due to persons,material,equipment or blasting in the vicinity.
• 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects
or equipment which might result in making the track impassable.
• 1.05.03 Flagging services will be performed by qualified Railway flaggers.
• 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to
protect Railway Property and operations, if deemed necessary by the Railways Representative.
• 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight(8) hour basic day.
• 1.05.03c The cost of flagger services provided by the Railway will be borne by the CONTRACTOR. The
Bayou Willow Parkway—Exhibit C(10/06/09) 4
estimated cost for one(1) flagger is approximately $800.00 for an eight(8) hour basic day with time and one-
half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation
allowance, paid holidays, Railway and unemployment insurance, public liability and property damage
insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision
and other costs incidental to performing flagging services. Negotiations for Railway labor or collective
bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or
estimated flagging rates.THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY
THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF
FLAGGING PURSUANT TO THIS PARAGRAPH.
• 1.05.03d The average train traffic on this route is 2 freight trains per 24-hour period at a timetable speed 20
MPH and no passenger trains.
1.06 Contractor General Safety Requirements
• 1.06.01 Work in the proximity of railway track(s)is potentially hazardous where movement of trains and
equipment can occur at any time and in any direction.All work performed by contractors within 25 feet
of any track must be in compliance with FRA Roadway Worker Protection Regulations.
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be
conducted with all personnel involved with the task and repeated when the personnel or task changes. If
the task is within 25 feet of any track,the job briefing must include the Railway's flagger, as applicable,
and include the procedures the Contractor will use to protect its employees,subcontractors, agents or
invitees from moving any equipment adjacent to or across any Railway track(s).
• 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety
strategy approved by the Railway's Project Representative. When authority is provided, every
contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2)
limits of the authority, (3)the method of communication to stop and resume work, and(4) location of the
designated places of safety. Persons or equipment entering flag/work limits that were not previously job
briefed,must notify the flagger immediately, and be given a job briefing when working within 25 feet of
the center line of track.
• 1.06.04 When Contractor employees are required to work on the Railway Property after normal
working hours or on weekends,the Railroad's representative in charge of the project must be notified.A
minimum of two employees must be present at all times.
1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under
the influence of drugs or alcohol,or in the possession of same, will be removed from the Railway's Property and
subsequently released to the custody of a representative of Contractor management. Future access to the
Railway's Property by that employee will be denied.
• 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come
in contact with track,signal equipment, or structure (bridge) and could result in a train derailment must be
reported immediately to the Railway representative in charge of the project and to the Railway's Resource
Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway
representative in charge of the project prior to the start of any work and must be posted at the job site.
• 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly
weapons in their possession while working on Railway's Property.
• 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and
ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site,
www.contracroror ientatirm.corn, however, a partial list of the requirements include: a) safety glasses with
permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes,
Bayou Willow Parkway—Exhibit C (10/06/09) 5
above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad's
representative in charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as
required by State and Federal regulations. (NOTE—Should there be a discrepancv between the information
contained on the web site and the information in this paragraph the web site will covern.)
• 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY
TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT
WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY
CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW
OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE
CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE
RAILROAD'S REPRESENTATIVE.
• 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or
equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to
the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and
secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed
specifications)
• 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water
drainage. Any work performed over water must meet all Federal, State and Local regulations. .
• 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary
by proper authority. For all power lines the minimum clearance between the lines and any part of the
equipment or load must be; 200 ICV or below - 15 feet; 200 to 350 KV-20 feet; 350 to 500 KV.-25 feet; 500
to 750 KV-35 feet; and 750 to 1000 KV-45 feet. If capacity of the line is not known, a minimum clearance of
45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a
timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual
means.
1.07 Excavation
• 1.07.01 Before excavating,the Contractor must determine whether any underground pipe lines,electric wires,
or cables, including fiber optic cable systems are present and located within the Project work area. The
Contractor must determine whether excavation on Railway's Property could cause damage to buried cables
resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may
cause business interruptions involving loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF's Roadmaster Aaron Whitney at 337-572-2502 and BNSF's_Signal-
Construction Supervisor Dwayne Tiffin at 817-740-7384. All underground and overhead wires will be
considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line, It
is the Contractor's responsibility to notify any other companies that have underground utilities in the
area and arrange for the location of all underground utilities before excavating.
• 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation
in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and
the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there
is any doubt about the location of underground cables or lines of any kind, no work must be performed until the
exact location has been determined. There will be no exceptions to these instructions.
• 1.07.03 All excavations must be conducted in compliance with applicable OSRA regulations and, regardless of
depth,must be shored where there is any danger to tracks, structures or personnel.
• 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or
protected when not being worked on. When leaving work site areas at night and over weekends,the areas must
Bayou Willow Parkway—Exhibit C (10/06/09) 6
1.08 Hazardous Waste, Substances and Material Reporting
• 1.08.01 if Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
material, including but not limited to any non-containerized commodity or material,on or adjacent to Railway's
Property, in or near any surface water, swamp, wetlands or waterways,while performing any work under this
Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800)
832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents
and/or third parties: and(c)exercise due care with respect to the release,including the taking of any appropriate
measure to minimize the impact of such release.
1.09 Personal Injury Reporting
• 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad
Administration(FRA)reporting requirements. Any personal injury sustained by an employee of the Contractor,
subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately(by phone
mail if unable to contact in person)to the Railway's representative in charge of the project. The Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at
1(817)352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the
injury.
Bayou Willow Parkway—Exhibit C (10/06/09) 7
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St 2. Date: Time:
County: 3, Temperature: 4, Weather
(if non-Railway location)
5. Social Security#
6. Name(last,first,mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b)Body Part:
(i.e.(a)Laceration(b)Hand)
11. Description of Accident(To include location, action,result,etc.):
12. Treatment:
? First Aid Only
? Required Medical Treatment
? Other Medical Treatment
13. Dr.Name 30.Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILWAY AT(817)352-7595
AND COPY TO
RAILWAY ROADMASTER FAX 337-572-2595
RAILWAY MANAGER PUBLIC PROJECTS FAX(817)352-2912
Bayou Willow Parkway—Exhibit C(10/06/09) 8
LAW DEPARTMENT APPROVED
EXHIBIT "C-1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BNSF RAILWAY COMPANY
Attention: Manager Public Projects
Railway File: 023805K
Agency Project: Bayou Willow Parkway(DOT No 023805K)—construct roadway approaches and construct
new center medians
Gentlemen:
The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated
200 with the Beaumont Independent School District (ISD) for the performance of certain
work in connection with the following project: Bayou Willow Parkway (DOT No. 023805K) - construct
roadway approaches and construct new center_ medians. Performance of such work will necessarily require
contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property").
The Contract provides that no work will be commenced within Railway Property until the Contractor employed in
connection with said work for the Beaumont ISD(i) executes and delivers to Railway an Agreement in the form
hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein, If
this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of
Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this
Agreement on.behalf of Contractor.
Accordingly,in consideration of Railway granting permission to Contractor to enter upon Railway Property
and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby
agree with Railway as follows:
Section 1. RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards,
claims,demands,and expenses(including attorneys'fees),for injury or death to all persons,including Railway's and
Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any
manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or
about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE
AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR
INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH
CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS
NEGLIGENCE OF RAILWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY
CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL
EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE
SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT,WHENEVER SO CLAIMED.
Bayou Willow Parkway C-1 (10/06/09) 1 (Revised 06-2008,Exhibit C-1)
Contractor further agrees, at its expense, in the name and on behalf of Railway,that it will adjust and settle
all claims made against Railway, and will,at Railway's discretion, appear and defend any suits or actions of law or
in equity brought against Railway on any claim or cause of action arising or growing; out of or in any manner
connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to
be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being
brought against Railway, Railway may forward summons and complaint or other process in connection therewith to
Contractor, and Contractor, at Railway's discretion, must defend, adjust,or settle such suits and protect, indemnify,
and save harmless Railway from and against all damages,judgments, decrees, attorney's fees, costs, and expenses
growing out of or resulting from or incident to any such claims or suits.
In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall
be deemed to be inapplicable for any reason, including without limitation as a result of decision of an applicable
court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring
Contractor to indemnify Railroad to the fullest extent permitted by applicable law. THROUGH THIS
AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY
RAILROAD FOR RAILROAD'S ACTS OF NEGLIGENCE.
It is mutually understood and agreed that the assumption of liabilities and inder-mification provided for in
this Agreement survive any termination of this Agreement.
Section 2.TERM
This Agreement is effective from the date of the Contract until (i) the completion of the project set forth
herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due
hereunder.
Section 3. INSURANCE
Contractor must,at its sole cost and expense,procure and maintain during th e life of this Agreement the
following insurance coverage:
A. Commercial General Liability insurance. This insurance must contain broad form contractual liability
with a combined single limit of a minimum of$2,000,000 each occurrence and an aggregate limit of at
least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and
include coverage for,but not limit to the following:
♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy must also contain the following endorsements, which must be indicated on the certificate of
insurance:
♦ It is agreed that any workers' compensation exclusion does not apply to Railroad payments
related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or
similar programs and any payments made are deemed not to be either payments made or
obligations assumed under any Workers Compensation, disability benefits,or unemployment
compensation law or similar law.
♦ The definition of insured contract must be amended to remove any exclusion or other
limitation for any work being done within 50 feet of railroad property.
♦ Any exclusions related to the explosion, collapse and underground hazards must be removed.
No other endorsements limiting coverage as respects obligations under this-Agreement may be included on
the policy.
Bayou Willow Parkway C-1 (10/06/09) 2 (Revised 06-2008,Exhibit C-1)
B. Business Automobile Insurance. This insurance must contain a combined single limit of at least
$1,000,000 per occurrence, and include coverage for,but not limited to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned,used or hired
C. Workers Compensation and Employers Liability insurance including coverage for,but not limited to:
♦ Contractor's statutory liability under the worker's compensation laws of the states) in which
the work is to be performed. If optional under State lave, the insurance must cover all
employees anyway.
♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by
disease policy limit,$500,000 by disease each employee.
D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at
least $2,000,000 per occurrence and$6,000,000 in the aggregate. The policy Must be issued on a standard
ISO form CG 00 35 10 93 and include the following:
♦ Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 93)
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Railroad prior to performing any work or services
under this Agreement
Other Requirements:
All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and
certificates of insurance must reflect that no exclusion exists.
Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad.
In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation
against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation
endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation
against Railroad for loss of its owned or leased property or property under contractor's care,custody or control.
Contractor's insurance policies through policy endorsement, must include wording which states that the
policy is primary and non-contributing with respect to any insurance carried by Railroad. The certificate of
insurance must reflect that the above wording is included in evidenced policies.
All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective)
must include a severability of interest endorsement and Railroad must be named as an additional insured with
respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured
must be indicated on the certificate of insurance.
Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by
Railroad,any deductible, self-insured retention or other financial responsibility for claims must be covered directly
by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the
provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to
include a deductible,self-insured retention or other financial responsibility for claims.
Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of
insurance including an original signature of the authorized representative evidencing the required coverage,
endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must
contain a provision that obligates the insurance company(ies) issuing such policy(ies)to notify Railroad in writing
at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation
Bayou Willow Parkway C-1 (10/06/09) 3 (Revised 06-2008, Exhibit C-1)
provision must be indicated on the certificate of insurance. Upon request from Raib•oad, a certified duplicate
original of any required policy must be furnished. Contractor should send the certificate(s)to the following address:
Ebix BPO
PO Box 12010-BN
Hemet CA 92546-8010
Fax number: 951-766-2299
Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a
current Best's Guide Rating of A-and Class VII or better, and authorized to do business in the state(s) in which the
service is to be provide.
Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance
agent(s)/broker(s), who have been instructed by contractor to procure the insurance coverage required by this
Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above.
Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage
to reflect then-curTent risk management practices in the railroad industry and underwriting practices in the insurance
industry.
If any portion of the operation is to be subcontracted by contractor, contractor must require that the
subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional
insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under
the same terms and conditions as contractor is required to release,defend and indemnify Railroad herein.
Failure to provide evidence as required by this section will entitle,but not require, Railroad to terminate
this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a
waiver of contractor's obligations hereunder.
The fact that insurance(including, without limitation, self-insurance) is obtained by contractor will not be
deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity
provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required
insurance coverage.
For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF
RAILWAY COMPANY"and the subsidiaries, successors,assigns and affiliates of each.
Section 4. EXHIBIT"C" CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements and limitations
contained in the Contract,and the Contractor Requirements set forth on Exhibit"C"attached to the Contract and this
Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed,
tracks,and/or appurtenances thereto, resulting from use,occupancy, or presence of its employees, representatives,or
agents or subcontractors on or about the construction site.
Section 5. TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated
railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a
freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service
and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from
loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train
delays,whether caused by Contractor, or subcontractors,or by the Railway performing work under this Agreement.
Railway agrees that it will not perform any act to unnecessarily cause train delay.
Bayou Willow Parkway C-1 (10/06/09) 4 (Revised 06-2008,Exhibit C-1)
For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as
determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same
time for the same period.
Additionally, the parties acknowledge that passenger, U,S. mail trains and certain other grain, intermodal,
coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these
arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance
or incentive pay and/or be subject to penalty payments.- Contractor is responsible for any train performance and
incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a
train delay caused by Contractor or its subcontractors.
The contractual relationship between Railway and its customers is proprietary and confidential. In the
event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the
extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour
per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE
CONTRACTOR HEREUNDER WILI, BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN
DELAY PURSUANT TO THIS AGREEMENT.
Contractor and its subcontractors must give Railway's Roadmaster (Aaron Whitney) 4 weeks
advance notice of the times and dates for proposed work windows. Railway and Contractor will establish
mutually agreeable work windows for the project. Railway has the right at anytime to revise or change the
work windows due to train operations or service obligations. Railway will not be responsible for any
additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting
from a change in work windows shall be accounted for in Contractor's expenses for the project.
Contractor and subcontractors must plan,schedule,coordinate and conduct all Contractor's work so
as to not cause any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this
letter,which,upon execution by Railway,will constitute an Agreement between us.
(Contractor) BNSF Railway Company
By: By
Printed Name: Name:
Manager Public Projects
Title:
Contact Person: Accepted and effective this the day of
2009.
Address:
City: State:—Zip:
Fax:
Phone:
E-mail:
Bayou Willow Parkway C-1 (10/06/09) 5 (Revised 06-2008, Exhibit C-1)
EXHIBIT D-RR Crossing Surface Cost Estimate
«r"#' MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
BISD
LOCATION BROOKS TO BAYOU WILLOW PKWY DETAILS OF ESTIMATE PLAN ITEM: PTR023805K VERSION: I
PURPOSE,JUSTIFICATION AND DESCRIPTION
PIP-CROSSING-LS 7505-MP 71.3-DOT 023805K-BAYOU WILLOW PKWY-BEAUMONT,TX-SILSBEE SUB-GULF DIV-RDM WHITNEY-
DE MCNABB
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER:K.ADAMS 5/20/09
BNSF TO INSTALL ONE 56-FT CONCRETE CROSSING SURFACE ON BAYOUR WILLOW PARKWAY(DOT NO.023805K)IN BEAUMONT,
TEXAS AT MP 71.30,LS 7505,SILSBEE SUBDIVISION,GULF DIVISION
BISD WILL CONSTRUCT ROADWAY APPROACHES TO THE NEW CROSSING.
ADDED MOBILIZATION 5/28/09
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO:
PROJECT IS 100%BILLABLE TO BEAUMONT INDEPENDENT SCHOOL DISTRICT
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT,MILE POST RANGES,AND IN SOME CASES TRACK
NUMBER.THIS IS THE PRIMARY AREA FOR THE PROJECT,THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED
LIMITS.PROJECTS THAT INCLUDE SIGNAL,ELECTRICAL,OR TELECOMMUNICATION EQUIPMENTMAY REQUIRE ACTIVITY BEYOND
THESE DEFINED TRACK LIMITS.ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST
SUCH AS YARDS.THIS ESTIMATE IS GOOD FOR 90 DAYS.THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,
MATERIAL,AND OVERHEAD.
DESCRIPTION QUANTITY U/M COST TOTALS
«rft»rrt»tf
LABOR
«r»t#t##»f
PLACE FIELD WELDS-CAP 96.0 MH 22,186
PLACE PUBLIC CROSSING-CAP 68.0 MH 1,477
PLACE TRACK PANELS-ADDITION-CAP 48.0 MH 1,043
SURFACE TRACK-ADDITION-CAP 24.0 MH 565
UNLOAD BALLAST-ADDITION-CAP 13.08 MH 307
UNLOAD CROSSING MATERIAL-PUBLIC-CAP 15.0 MH 332
UNLOAD TRACK PANELS-ADDITION 15.0 MH 332
PAYROLL ASSOCIATED COSTS 4.291
EQUIPMENT EXPENSES 3.616
DA LABOR OVERHEADS 6,677
INSURANCE EXPENSES 996
TOTAL LABOR COST 21.822 21.822
♦!#trr»#f##ft
MATERIAL
lift}rttrtr##
ASPHALT IN PLACE PER TON 50.0 NT NX 7,085
BALLAST,DAVIS OK (GU,TX,KSW) 200.0 NT #' 2,078
TRACK PANEL,136 LB 40 FT-10 FT TIES-PANDROL 3.0 EA "' 14,619
RAIL,TRANSN,LH,25 FT,136-1/4 WORN 115 2.0 EA 2,817
RAIL,TRANSN,RH 25 FT,136-1/4 WORN 115 2.0 EA 2,817
SIGN,CROSSING WHISTLE,W7LETTER W 2.0 EA 9
WELDKIT,GENERIC FOR ALL RAIL WEIGI ITS 110 KT 852
CONC 136 08-SEC WITH FILLER FOR WOOD 56.0 FT 11,604
CONCRETE XING RAMP AND PANEL RESTRAINT. 1.0 ST 257
MATERIAL HANDLING 1.747
ONLINE-TRANSPORTATION 2,000
OFFLINE TRANSPORTATION 398
TOTAL MATERIAL COST 46,383 46,283
OTHER
rrtrr!«rrr
GANG AND EQUIPMENT MOBILAZATION 1.0 LS 5,500
LEASED EQUIPMENT WITH OPERATOR 1.0 LS 4,000
Page 1 of 2
TOT%L OTHER ITEMS COST 9,500 9,500
PROJECT SUBTOTAL 77,605
CONTINGENCIES 7,760
BILL PREPARATION FEE 854
GROSS PROJECT COST 86,219
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 86,219
Page 2 of 2
EXHIBIT D-RR Signal Cost Estimate
+•w•• MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF BEAUMONT
LOCATION BROOKS DETAILS OF ESTIMATE PLAN ITEM: IIS1023805K VERSION; I
PURPOSE,JUSTIFICATION AND DESCRIPTION
INSTALL NEW GATES,FLASHERS W/LED LENSES&BUNGALOW W/CONSTANT WARNING CIRCUITRY AT BAYOU WILLOW PARKWAY
DOT 023 805 K IN BEAUMONT,TX WS 7505 MP 71.30 ON THE GULF DIV.,SILSBEE SUBDIV.
MONTHLY POWER UTILITY COST CENTER: 61699
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY.
THEY CAN BE EXPECTEDTO CHANGE AFTER THE ENGINEERING PROCESS.DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
THIS ESTIMATE IS GOOD FOR 90 DAYS.THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,MATERIAL,AND
OVERHEAD.
•rrrrrrr..r r.rr...rrrr.rrrr..rr SIGNAL WORK ONLY"wr'w•wr*r.rrr+.rr rrr rr.....rrr
THE BEAUMONT INDEPENDENT SCHOOL DISTRICT IS FUNDING 100% OF THE PROJECT COST.
MAINTAIN PROPRIETARY CONFIDENTIALITY
DESCRIPTION QUANTITY U/M COST TOTAL$
rr rrrrrrr.
LABOR
r.rrrrrrr.
SIGNAL FIELD LABOR-CAP 952.0 MH 24,810
SIGNAL SHOP LABOR-CAP 64.0 MH 1,684
PAYROLL ASSOCIATED COSTS 18,227
EQUIPMENT EXPENSES 8,213
DA LABOR OVERHEADS 28,347
INSURANCE EXPENSES 4.238
TOTAL LABOR COST 85,519 85,519
rrrrrr rrrrr.r
MATERIAL
.rrrwrr rrrrr.
3"STEEL CONDUIT 70.0 FT N 1,190
BATTERY 1.0 LS N 4,540
BUNGALOW 6X6 1.0 EA N 8,612
BUNGALOW MATERIAL 1.0 LS N 5-160
CABLE 1.0 LS N 5,460
CHARGERS 1.0 LS N 1,020
DBL SIDED X-BUCK 3.0 EA N 1,725
FIELD MATERIAL 1.0 LS N 4,920
FOUNDATIONS STEEL 3.0 EA N 2,121
GATE KEEPER 3.0 EA N 5,583
GATE MECH.MODEL 95 3.0 EA N 22,605
GENERATOR 1.0 EA N 6,128
HXP3R SYSTEM 1.0 EA N 18,163
LED GATE KIT 3.0 EA N 990
LED LIGHT ADJ 12.0 EA N 3,060
MATERIAL FOR ELECTRICAL 1.0 EA N 1,500
POLYPIPE 1.0 LS N 3,000
RECORDER 1.0 EA N 5;203
TELLULAR MONITOR 1.0 EA N 2,500
OFFLINE TRANSPORTATION 1,029
TOTAL MATERIAL COST 104,609 104,609
rr.u..r.r
OTHER
AC POWER'SERVICE 1.0 EA N 5,000
CONTRACT BORING 1.0 LS N 25.000
CONTRACT ENGINEERING 1.0 LS N 5.000
FILL DIRT 100.0 CY N 2.500
SURFACE ROCK 25.0 CY N 625
TOTAL OT14ER ITEMS COST 38,125 38.125
PROJECT SUBTOTAL 228,253
Page 1 of 2
CONTINGENCIES 0
BILL PREPARATION FEE 2,153
GROSS PROJECT COST 130,536
LESS COST PAID BY BNSF 0
TOTAL BILLABLE COST 230,536
Page 2 of 2
D
RICH WITH OPPORTUNITY
[1EA,[114011T
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider authorizing the acceptance of a Water
Line Easement.
RECOMMENDATION
The Administration recommends acceptance of a Water Line Easement to provide water
services for Harbor Hospital.
BACKGROUND
Harbor Hospital Land Investors of Southeast Texas, L.P. have agreed to convey a 10 foot wide
Waterline Easement out of the David Brown Survey to the City of Beaumont. The easement
will provide water services for the new Harbor Hospital located at 3155 Stagg Drive near 8`'
Street.
BUDGETARY IMPACT
None.
\engharbor_hospital-ib
29 March 2010
RESOLUTION NO.
WHEREAS, Harbor Hospital Land Investors of Southwest Texas, L.P., has
offered to convey a ten foot(10')wide water line easement out of the David Brown Survey,
as described in Exhibit "A," Page 1, and shown on Exhibit "A," Page 2, attached hereto,
to the City of Beaumont for the purpose of providing water services to Harbor Hospital at
3155 Stagg Drive; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Harbor Hospital Land Investors of Southeast Texas,
L.P., as described in Exhibit 'A" Page 1, and shown on Exhibit "A," Page 2, be and the
same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April,
2010.
- Mayor Becky Ames -
Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 2
CENTERLINE DESCRIPTION
OF A
10' WIDE WATER LINE EASEMENT
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MARCH 22, 2010
That certain centerline description for a 10' wide water line easement, 5.0' on each side of centerline, out
of the David Brown Survey, Abstract 5, Jefferson County, Texas, being out of a called 3.5000 acre tract
conveyed to Harbor Hospital Land Investors of Southeast Texas, L.P. as recorded in Clerks File No.
2007020962 of the Official Public Records of Jefferson County, Texas, said centerline being more
particularly described by the following courses and distances:
Note: Bearings are based on the west line of the said 3.5000 acre tract having been called North
00°06'03" East 582.04 feet.
COMMENCING at a 3/4" iron rod found at the intersection of the south right-of-way line of Stagg Drive
and the west right-of-way line of 8th Street for the northeast corner of the said 3.5000 acre tract;
THENCE South 00°06'47" West along the said west right-of-way line of 8th Street and an east line of the
said 3.5000 acre tract a distance of 373.64 feet (called South 00°06'19" West) to a point for the POINT
OF BEGINNING of the said centerline of the 10' wide water line easement from which a railroad spike
found for an angle point of the said 3.5000 acre tract bears South 00°06'47" West 31.46 feet (called
South 00°06'19" West);
THENCE West along the said centerline of the 10' wide water line easement, passing at a distance of
5.00 feet a point for the POINT OF BEGINNING of Tap A from which the POINT OF TERMINATION of
said Tap A bears North 00 006'47" East 10.00 feet, also passing at a distance of 254.10 feet a point for
the POINT OF BEGINNING of Tap B from which the POINT OF TERMINATION of said Tap B bears
South 10.00 feet, and continuing a total distance of 267.50 feet to an angle point;
THENCE North 00°06'03" East continuing along the said centerline of the 10' wide water line easement,
passing at a distance of 215.90 feet the POINT OF BEGINNING of Tap C, a 15' wide water line
easement, 7.5' on each side of centerline, from which the POINT OF TERMINATION of said Tap C
bears East 10.00 feet, and continuing a total distance of 374.14 feet to a point in the said south right-of-
way line of Stagg Drive and the north line of the said 3.5000 acre tract for POINT OF TERMINATION of
the said centerline from which a capped iron rod found for the northwest corner of the said 3.5000 acre
tract bears North 89 053'30" West 5.00 feet.
Fescription i sed on a survey and plat made by Fittz & Shi an, Inc. during August 2007.
r . Ksi f rFered Profess al Lan Su eyor No. 5321 *O �Ca ;s`
FITTZ&SHIPMAN,INC. WALTER J. KSIAZFK,
Project No.07146Wtresmt
Plat&Description X16 �!4
A0Ogta�0�.Q,
1405 Cornerstone Court,* Beaumont, Texas 7 77 ax (409) 832-7303
COMMENCING
POINT POINT OF BEGINNING EXHIBIT "A", Page 2 of 2
FOUND 3i4• 8TH STREET 10' WIDE WATER LINE
IRON ROD (CALLED S 00'06'19" W 405.05 FOUND RR
S 00'06'47" W 405.10) EASEMENT 5.00 SPIKE
373.64 31.46
P.O.T.
TAP A
TAP A P.O.B.
N 00'06'47"E 10.00 TAP A
CENTERLINE E-I
I�10' WIDE WATER LINE
EASEMENT a
N I� L.
E-+
N co
Nn HARBOR HOSPITAL LAND INVESTORS V,
wN OF SOUTHEAST TEXAS, L.P. o W
W CLERKS FILE NO. 2007020962, O.P.R.J.C. [5
A
no (CALLED 3.5OD0 ACRES)
I fV
n� NI N O
U
ED
�ET-^� J
V[ UN
SURVEYOR'S CERTIFICATION:
TOO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
HAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE
TAP C ON THE GROUND UNDER MY SUPERVISION DURING AUGUST 2007.
15' WIDE
POINT OF TERMINATION 7.5' EACH SIDE
10' WIDE WATER LINE OF CENTERLINE TAP B
EASEMENT P.O.T. EAST 10.00 P.O.B.
TAP C TAP B SOUTH 10.00 WALTER J. KSIAZEK
N 00'06'03" E 374.14 REGISTERED PROFESSIONAL D SURVEYOR 0. 5321
215.90
—_ 158.24 - 13.40s P.O.T.
— TAP B
FOUNDJ t` 0F T`rY
CAPPED 5.00 N 00'06'03" E 582.09
IRON ROD �� A, •GISTER ;s
P.O.B. (CALLED N 00'0603° E 582.04) ,f; Qo(�y� ,j,� •
TAP C (BASIS OF BEARINGS) FOUND x 7`
CAPPED
IRON ROD WALTER J. KSIAZFK
REMAINDER OF
BAPTIST HOSPITAL OF �• LL
SOUTHEAST, TEXAS • •
• 'lksa �.
FILM CODE -0055 R.P.R.J.C. � •goes
�•
(CALLED ED 1 04-36-
4.4 4.4364 ACRES) '9/I/ BURS
Fittz&Shipman 10' WIDE WATER LINE EASEMENT
0 330 60 INC. PROJECT NAME: HARBOR HOSPITAL
%% Consulting Engineers and Land Surveyors 8TH STREET AND STAGG DRIVE
S C %A L E 1405 CORNERSTONE COURT BEAUMONT, TEXAS BEAUMONT, JEFFERSON COUNTY, TX PROJECT NO.
(409)832-7238 FAX (409)832-7303 DWG NO. 7146"I,,:ml 007146
PLOT DATE: 3-05-10 DATE: 3-22-10
E
RICH WITH OPPORTUNITY
[I 11cm A,[I 1�1 0 111
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider authorizing the acceptance of a Water
Line Easement.
RECOMMENDATION
The Administration recommends acceptance of a Water Line Easement to provide water
services for Regina Howell Elementary School.
BACKGROUND
Beaumont Independent School District has agreed to convey a 10 foot wide Waterline Easement
out of the H. Williams Survey to the City of Beaumont. The easement will provide water
services for the new additions at Regina Howell Elementary School located at 5850 Regina.
BUDGETARY IMPACT
None.
\engregina_howel l-ib
29 March 2010
RESOLUTION NO.
WHEREAS, Beaumont Independent School District has offered to convey a ten foot
(10') wide water line easement out of the H. Williams Survey, as described in Exhibit "A,"
Page 1, and shown on Exhibit "A," Page 2, attached hereto, to the City of Beaumont for
the purpose of providing water services to new additions at Regina Howell Elementary
School located at 5850 Regina; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Beaumont Independent School District as described in
Exhibit "A," Page 1, and shown on Exhibit "A," Page 2, be and the same is hereby, in all
things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April,
2010.
- Mayor Becky Ames -
Fittz & Shipman
INC
EXHIBIT "A",PAGE 1 OF Z Consulting Engineers and Land Surveyors
CENTERLINE DESCRIPTION
FOR A 10' WIDE WATER LINE EASEMENT
OUT OF THE
H. WILLIAMS LEAGUE, ABSTRACT 56
JEFFERSON COUNTY, TEXAS
MARCH 15,2010
REVISED: MARCH 22, 2010
That certain centerline description for a 10' wide water linel easement, 5.0' on each side of centerline, out of
the H. Williams League, Abstract 56, Jefferson County, Texas, being out of a called 9.25 acre tract conveyed
to South Park Independent School District as recorded in Volume 1309, Page 149 of the Deed Records of
Jefferson County, Texas, changed to Beaumont Independent School District by a resolution recorded in Film
Code 101-72-0827 of the Film Code of Jefferson County, Texas, said centerline being more particularly
described by the following courses and distances:
Note: Bearings are based on the west line of the said 9.25 acre tract having been called North 01'55'59" East.
COMMENCING at a 5/8" iron rod found in the north right-of-way line of Regina Lane and the west line of the,
said 9.25 acre tract for the southeast corner of the Amended Plat of Ashton, Phase 2, a plat recorded in
Volume 15, Page 266 of the Map Records of Jefferson County, Texas from which a capped iron rod found in
the south line of a 75' wide drainage easement granted to Jefferson County Drainage District No. 6 as
recorded in Volume 1746, Page 84 of the Deed Records of Jefferson County, Texas for the northwest corner of
the said 9.25 acre tract bears North 01°55'59" West 570.66 feet (called North 01°55'59" West 570.63 feet);
THENCE North 87°25'35" East along the said north right-of-way line of Regina Lane a distance of 28.98 feet to
a point for the POINT OF BEGINNING of the said centerline of the 10' wide water line easement from which a
5/8" iron rod found in the east line of the said 9.25 acre tract at the intersection of the said north right-of-way
line of Regina Lane and the west right-of-way line of Howell Street bears North 87°25'35" East 601.02 feet;
THENCE along the said centerline of the 10' wide water line easement with the following courses and
distances:
North 02°33'21" West a distance of 419.17 feet to an angle point;
North 87 027'38" East a distance of 181.57 feet to an angle point for the POINT OF BEGINNING of Tap
A from which the POINT OF TERMINATION of said Tap A bears North 87°26'38" East 12.37 feet,
North 02 033'22"West a distance of 42.82 feet to an angle point;
North 87°26'38" East a distance of 424.42 feet to a point in the said east line of the 9.25 acre tract and
the said west right-of-way line of Howell Street for the POINT OF TERMINATION of the said centerline from
which a 1/2" capped iron rod set at the intersection of the said west right-of-way line of Howell Street and the
south line of the said 75" wide drainage easement bears North 01°56'20" West 123.25 feet (called North
01 055'59" West).
This d scri tion i ed on a surrey and plat made by Fittz & Shipman Inc during March 9, 2010.
F
Walter J. Ksia )
Registered Profess' nal Lan urveyor No. 5321
FITTZ&SHIPMAN,INC. n 11 ht~t C°°b It
Project No. 09048T4wtresmt
3
A. �y J,.r 4S•�
Plat&Description
1405 Cornerstone Court,• Beaumont, Texas 77706 •I( 10:9)�83 .7351,•fax(409) 832-7303
JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 FOUND 5/B'
VOL. 1746, PG. 84, D.R.J.C. (CALLED N 86'05'28" E) IRON ROD
(75' W1DE.EASEMENT) N 86.06'55" E 653.04 EXHIBIT "A", Page 2 Of 2
J 630.27
FOUND (CALLED 630.27) SET 1/2"
CAPPED CAPPED 32.77
IRON ROD IRON ROD N
r1
N
POINT OF TERMINATION
10' WIDE ELECTRIC EASEMENT 10' WIDE WATER LINE
F——_— ————
r -_--———__--- EASEMENT
N 87'26'38•' E 424.42 — ———
II N 02 33'22" W
42.82
F N 87'26'38" E 181.57 I TAP A I
I i I
III CENTERLINE 10' WIDE
N 87'26'38" E 12.37 WATER LINE EASEMENT 1 0 50 100
i t I I o W %%%
co� a
m3 I I L I w IEr-^11
N!T I ui N v,
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(409)832-7238 FAX (409)832-7303 DATE:3-15-10
RICH WITH OPPORTUNITY
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T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider a resolution authorizing the acquisition
of property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of properties for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-three (63)
parcels of land from East Lucas to Highway 105 are being acquired. The owners of the
properties listed below, have agreed to convey their property to the City:
Parcel #6 0.0691 acre out of 228.4' of W 50' Lot 3; S 214' Lot 4,
Village Oaks Apartments (5030 Concord Road)
Value: $6,296.00
Owners: Hein Nguyen and Lac Nguyen
Parcel #22 0.0365 acre out of W pt Lot 29 and C85' Lot 29, French Heights
Addition (5275 Concord Road)
Value: $2,000.00
Owners: Nazario and Angela Ledezma
BUDGETARYIMPACT
Funds are available in the Capital Program.
eng6&22-ib.wpd
29 March 2010
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of properties
described below and in Exhibits "A" and "D" and shown on Exhibits "B," "C," "E" and "F,"
attached hereto, for the Concord Road Pavement Widening Project:
Parcel #6 0.0691 acre out of 228.4' of W 50' Lot 3; S 214' Lot 4, Village
Oaks Apartments (5030 Concord Road)
Value: $6,296.00
Owners: Hein Nguyen and Lac Nguyen
Parcel #22 0.0365 acre out of W pt Lot 29 and C85' Lot 29, French
Heights Addition (5275 Concord Road)
Value: $2,000.00
Owners: Nazario and Angela Ledezma
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above described properties be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumontthisthe 13th day ofApril,
2010.
- Mayor Becky Ames -
I
i�
May 2009
Parcel 6
Page 1 of 4
EXHIBIT_
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 6
Being a 0.0691 acre (3,011 square feet) of land, situated in the A. Williams League,
Abstract No. 385, and being out of and part of that certain tract of land having been
conveyed to Hein Nguyen and Lac Nguyen from Family Services of Southeast Texas,
Inc. by deed dated April 30, 2002 recorded under Clerk's File No. 2002015793 of the
Real Property Records of Jefferson County, Texas, said 0.0691 acre (3,011 square
feet) of land being more particularly described as follows;
COMMENCING at a 1" iron pipe found in the Southeast line of that certain tract of
land having been conveyed to Learning Tree Development Center from Pauline
Frederick Winfield by deed dated May 29, 1992 recorded under Film Code No. 104-
26-1187 of the Real Property Records of Jefferson County, Texas, and in the North
corner of the said Nguyen tract;
THENCE, SOUTH 35°30'31" WEST along the Southeasterly line of the said
Learning Tree Development Center tract and also along the Northwesterly line of the
said Nguyen tract for a distance of 204.78 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for corner in the proposed Northeasterly
right-of-way line of Concord Road, and the POINT OF BEGINNING of the parcel
herein described, said corner also being the beginning of a curve turning to the right
having a radius of 2440.00 feet and being subtended by a chord bearing SOUTH
52°08'02" EAST having a chord length of 128.97 feet;
1) THENCE, SOUTHEASTERLY, along said curve for an arc length of 128.98 feet to a
5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in
the proposed Northeasterly right-of-way line of Concord Road;
2) THENCE, SOUTH 50 037'11" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 120.73 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for corner in the proposed Northeasterly
right-of-way line of Concord Road, said point being in the Southeasterly line of the
said Nguyen tract and said point being in the Northwesterly line of that certain called
1.9205 acre tract of land having been conveyed to H. E. Butt Grocery Company from
Sharon Kay Giblin (Johnson) Childress, Debra Lane Giblin (Chance) Lafayette, Keith
Fredrick Giblin and Tina Ann Giblin Jordan by deed dated March 7, 1991 recorded
under Film Code No. 103-56-1301 of the Real Property Records of Jefferson
County, Texas;
I�
EXHIBIT A
May 2009
Parcel 6
Page 2 of 4
EXHIBIT
3) THENCE, SOUTH 35 032'27" WEST, along the Southeasterly line of the said Nguyen
tract and along the Northwest line of the said 1.9205 acre H. E. Butt Grocery
Company tract for a distance of 12.71 feet to a point for corner in the existing
Northeasterly right-of-way line of Concord Road, said point also being the most
Southerly corner of the said Nguyen tract and also the most Westerly corner of the
said 1.9205 acre H. E. Butt Grocery Company tract and from said point a 1" iron pipe
found bears NORTH 35 032'27" EAST a distance of 2.22 feet;
4) THENCE, NORTH 50°35'59" WEST, along the existing Northeasterly right-of-way
line of Concord Road for a distance of 249.88 feet to a point for corner in the existing
Northeasterly right-of-way line of Concord Road, said point being the most Westerly
corner of the said Nguyen tract and also the most Southerly corner of the said
Learning Tree Development Center tract and from said point a 1" iron pipe found
bears SOUTH 35°30'31" WEST a distance of 0.07 feet;
5) THENCE, NORTH 35 030'31" EAST, along the Southeasterly line of the said
Learning Tree Development Center tract and also along the Northwesterly line of the
said Nguyen tract for a distance of 9.20 feet to the POINT OF BEGINNING and
containing 0.0691 acre (3,011 square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed February 2009
kx-
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF MAY 2009.
OF
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Mark W. Whiteley, RPLS #3636
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LEGEND
■ SET 5/8' 1. R. WITH CAP STAMPED ' CITY OF BEAUM❑NT ROW MONUMENT'
0 TXDOT CONTROL MONUMENT
xx PARCEL NUMBER
o FND PROPERTY CORNER AS NOTED A. WILLIAMS SURVEY _
POWER POLE ABSTRACT NO. 385 'z
n
Q
PROPOSED ROW LINE W
a
EXISTING ROW LINE Nv^.-st�
a-
PROPERTY LINE P.O.C. PAR 6 �, °z o
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COUNTY LINE
HIEN NGUYEN, et ux
& LAC NGUYEN
LEARNING TREE DEVELOPEMENT CENTER APRIL 30, 2002
MAY 29, 1992 CF NO. 1002015793
FC NO. 104-26-1187 OPRJC
OPRJC
P.O.B. PAR 6 6
CONCORD ROAD
PARENT TRACT
N.T.S.
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
J � OF
A PROPERTY DESCRIPTION OF EVEN DATE '`+ :^�s T E'' 1.i Q,
ACCOMPANIES THIS PARCEL PLAT.
. .�.�......... .............
. ..M.V .o'Jt1
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> � EXISTING TAKING REMAINING
ACRES ACRES/(S.F.) ACRES
1. 2770 PARCEL 6, 1. 2079
+MARK . WHITELEY 0.0 691/(3011)D ASSOCIATES INCORPORATED PARCEL PLAT
TING ENGINEERS, SHOWING
ORS, AND PLANNERS PARCEL 6
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EAS— cowv
BEAUMONT, TEXAS 77726-5492 BEAUMONT, ALE 1 " = 50' MAY 2009
409-892-0421 (FAX) 40 EXHIBIT "B"
SHEET 3 OF 4
� (S53'51 '00"E 250.00')
`3b S55'00'55"E 249.45'
A�BS�g�c
P.O.C. PAR. 6
FND 1"
I. PIPE
LEARNING TREE DEVELOPEMENT CENTER 00
MAY 29, 1992 44 _
FC NO. 104-26-1187 o HIEN NGUYEN
OPRJC CV N N & LAC NGUYEN N o wn-
APRIL 30, 2002 "� �o��
PI STATI❑N=154+64,69 or CF N0. 2002015793 cv N Q>- 1,
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-^ PROPpSD FND 1' I, P ARS — RIGHT Ol F WA-Y C O NC O R D ROAD S35°30'31'W 0.07'- 150'35'59"W 249 88'
155+00 (N50'00'00"W ".I- -
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PROPOSED BASELINE — ° WAY
co 150°3 2g' g"W1 180.80' —
+ +
PARCEL PLAT
CL SHOWING
PC URVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE PARCEL 6
1 2440.00' 128.9s' 128.97' S52'08'02"E 03'01'44" CONCORD ROAD JEFFERSON COUNTY
LINE BEARING DISTANCE
u S35-32'27"w 12.71' SCALE 1 " = 50' MAY 2009
12 N35'30'31°E 9.20' SHEET 4 OF 4
April 2009
Parcel 22
Page 1 of 4
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 22
Being a 0.0365 acre (1,588 square feet) of land, situated in the A. Williams Survey,
Abstract No. 385, out of and part of that certain tract of land being identified as Tract
No. 1 and that certain tract of land being identified as Tract No. 2 having been conveyed
to Nazario Ledezma and Angela Ledezma from James Robbins and Shirley Robbins, by
deed dated September 5, 2008, and being recorded under Clerk's File No. 2008031560
of the Real Property records of Jefferson County, Texas, said 0.0365 acre (1,588
square feet) of land being more particularly described as follows;
COMMENCING at a 1/2" iron pipe with cap found for the most Southerly Southwest
corner of the said Tract No. 2 and in the East right-of-way line of Trotman Road;
THENCE, NORTH 01-47'34" WEST along the East right-of-way line of Trotman
Road for a distance of 120.47 feet to a point for corner;
THENCE, NORTH 26°09'47" EAST continuing along the East right-of-way line of
Trotman Road for a distance of 142.71 feet to a 5/8" iron rod with cap stamped "City
of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-
way line of Concord Road, said corner being the POINT OF BEGINNING of the
parcel herein described;
1) THENCE, NORTH 26 009'47" EAST, continuing along the East right-of-way line of
Trotman Road for a distance of 9.66 feet to a point for corner in the existing
Southwest right-of-way line of Concord Road;
2) THENCE, SOUTH 54 033'44" EAST, along the existing Southwest right-of-way line of
Concord Road for a distance of 166.37 feet to a point for corner, said corner being
the most Easterly corner of the said Tract No. 1 and the most Northerly corner of
that certain called 0.460 acre tract of land having been conveyed to Tomas C.
Barboza, Jr. from Huey P. Soileau and Elba Sue Williams Soileau by deed dated
November 18, 1998 being recorded under Clerk's File No. 9843111 of the Real
Property Records of Jefferson County, Texas, and from said point an axle found
bears SOUTH 35°18'35" WEST for a distance of 1 .90 feet;
3) THENCE, SOUTH 35 018'35" WEST along the Southeast line of the said Tract No. 2
and along the Northwest line of the said 0.460 acre Barboza tract for a distance of
9.69 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument"
set for corner in the proposed Southwest right-of-way line of Concord Road;
EXHIBIT "D"
April 2009
Parcel 22
Page 2 of 4
EXHIBIT—
4) THENCE, NORTH 54°30'26" WEST, along the proposed Southwest right-of-way line
of Concord Road for a distance of 164.84 feet to the POINT OF BEGINNING and
containing 0.0365 acre (1,588 square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed February 2009
6
GIVEN UNDER MY HAND AND SEAL THIS THE-J� DAY OF APRIL 2009.
Mark W. Whiteley, RPLS #3636
LEGEND
■ SET 5/8" 1, R. WITH CAP STAMPED °CITY OF BEAUMONT ROW MONUMENT"
TXDOT CONTROL MONUMENT
xx PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED PARENT TRACT
• POWER POLE
PROPOSED ROW LINE N.T.S.
EXISTING ROW LINE CONCORD ROAD
PROPERTY LINE
SURVEY LINE P.D.B. 22
PARCEL 22
COUNTY LINE
Cl NAZARIO LEDEZMA & CALLED 0.46 ACRES
ANGELA LEDEZMA
Z SEPTEMBER 5, 2008 TOMAS C. BARBOZA, JR.
Q CF NO. 2008031560 NOVEMBER 18, 1998
OPRJC CF NO. 9843111
OPRJC
A. WILLIAMS SURVEY
ABSTRACT NO. 385
P.0.C PARCEL 22
FND. 112" 1. PIPE
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE 0 �M.
�.. •;..
ACCOMPANIES THIS PARCEL PLAT.
of
ES
EXISTING TAKING REMAINING
h, = ACRES ACRES/(S.F.) ACRES
PARCEL 22,
0. 7665 0. 0365/(1588) 0. 73
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 22
Q CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250
F-'*-'
9EAUMON 26-5492 B AX)N T, TE _ 50= APRIL 2009
409 892 50421 F
409-892 EXHIBIT "E"
SHEET 3 OF 4
N54°30 26 'W 1552.99 164+00 PROPOSED BASELI E
- O N C O R D ROAD FND"AXLE BEARS
S54'3 '44"E 166.37' '18'35"W 1.90' XISTING RIGHT OF WAY
O165+3615 N54'30'26"W 164.84' 163+71,31 PROPOSED RIGHT OF WAY
0 40.00LT 40.001T
P.O.B. PAR. 22 22 19 18
24 - r
° Ln n
CALLED 0.46 ACRES
;- TOMAS C. BARBOZA, JR.
d NAZARIO LEDEZMA & ANGELA LEDEZMA NOVEMBER 18, 1998
-� _o SEPTEMBER 5, 2008 CF NO. 9843111
o CF N0. 2008031560 OPRJC
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S55'1 0'34"E 69.48'
P.O.C. PAR. 22 (S51°25'00"E 68.90') PARCEL PLAT
FND 1/2" SHOWING
I. PIPE PARCEL 22
LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY
L 7 N26'09'47"E 9.66'
L2 S35'78'35V 9.69' SCALE 1 " = 50' APRIL 2009
SHEET 4 OF 4
G
RICH WITH OPPORTUNITY
BEAUMON*
T • E ,. X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
contract amendment to an existing contract with ITEX
Properties for the Sunlight Manor Apartments project.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
On May 8, 2007, the City Council approved the provision of HOME Program funding in the
amount of$164,000 to ITEX Property Management, LLC for the rehabilitation of Sunlight
Manor, a 120 unit apartment complex at 2950 S. 8'h Street. In order to ensure that project was
funded through the State's Low Income Housing Tax Credit(LIHTC)Program, the$164,000
was provided in the form of a loan. The loan is being repaid in sixty(60) quarterly payments at an
interest rate of 3.36%.
ITEX is now seeking the approval of an"Estoppel" document as they convert from a construction
loan to a traditional loan. This estoppel document assures the new lender that neither the owner
nor the City is in breach, violation or default under any terms of the Loan Agreement. Currently,
no such breach, violation or default exists, with regard to the loan
BUDGETARY IMPACT
None.
I
RESOLUTION NO.
WHEREAS, on May 8, 2007, City Council approved Resolution No. 07-132
authorizing the execution of a conditional funding commitment in the amount of$164,000
with ITEX Property Management, LLC (hereinafter referred to as "ITEX"), for the
rehabilitation of the Sunlight Manor Apartments at Washington and 8th Street; and
WHEREAS, the funding was provided in the form of a construction loan to ensure
that the project was funded through the State's Low Income Housing Tax Credit Program;
and
WHEREAS, ITEX now seeks approval of an estoppel document in the form of a
contract amendment to facilitate conversion to a traditional loan;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract amendment
to the existing contract with ITEX Property Management, LLC, for the Sunlight Manor
Apartments project. 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 13th day of April,
2010.
- Mayor Becky Ames -
1.4 J�
Sunlight Manor, LP
3735 Honeywood Court
Port Arthur,TX 77642
March 24,2010
Hudson Housing Capital LLC
630 Fifth Ave,28th floor
New York,NY 10111
Attn:Joseph Macari
Bocarsly Emden Cowan Esmail Parker&Arndt LLP
7200 Wisconsin Ave, Suite 900
Bethesda,MD 20814
Attn: Craig Emden
RE: Sunlight Manor Apartments in Beaumont,Texas
Ladies and Gentlemen:
The undersigned entered into a certain Loan Agreement(the "Loan Agreement")on June
2, 2008 for HOME Loan funds for the Sunlight Manor Apartments (the "Project'). This letter
agreement(this "Agreement") is made and entered into effective as of the date herein set forth by i
and among Sunlight Manor, LP, a Texas limited partnership (the "Owner") and the City of !
Beaumont(the"City"). Owner owns and controls the Project. Hudson Sunlight Manor LLC and
Hudson SLP LLC (together, along with Hudson Housing Capital LLC, the "Investor") have
acquired an ownership interest in Owner and will be relying on this estoppel certificate in
connection with the conversion of a permanent loan to Capital One, National Association. All
initially capitalized terms not otherwise defined herein shall have the meaning ascribed to such
terms in the Loan Agreement.
To City's and Owner's knowledge, without inquiry, parties hereby certify to Investor, as
follows:
1. The Loan Agreement hasn't been amended or modified since the execution
thereof.
2. Neither Owner nor City is in breach, violation or default under any term or
provision of the Loan Agreement and no circumstance has occurred or is continuing which,with
the passage of time or the giving of notice, or both, would constitute a breach, violation or
default under the Loan Agreement.
3. As of the date hereof, City has not instituted an action at law or in equity against
the Owner.
1376071.1/005130.000023
EXHIBIT "A"
4. No action has been taken that would have a material, adverse effect on any rights
or privileges, if any,granted to the City or granted to the Owner under the Loan Agreement.
5. No demand has been made by or on behalf of City.
6. City has the full right, power, and authority to execute and deliver this
Agreement.
7. At the request of the Investor,this Agreement is being executed and delivered by
City with the intent and understanding that the above statements will be relied upon by Investor
and its respective successors and assigns.
8. This Agreement is made for the sole benefit of Investor and its successors and
assigns, and, except as expressly permitted below in this paragraph, no other person or persons
shall have any rights or remedies under or by reason of this Agreement or any right to the
exercise of any right or power of Investor, hereunder. Notwithstanding the foregoing, the City
recognizes that Investor may show copies of this Agreement to other persons or entities who are
participants, assignees or transferees or successors having interest in the Project and City agrees
that such other persons or entities may also materially rely upon the representations, warranties,
certifications and agreements made by City in this Agreement.
9. The parties hereunder represent and warrant that: (i) the persons executing this
Agreement are duly authorized to execute and deliver the same on behalf of Owner and of City;
(ii) Owner has taken such formal action of its governing body as may be required by law to bind
City and that City is formally bound to the provisions of this Agreement; and (iii) entering into
this Agreement does not violate any provision of any other agreement to which Owner is bound.
This Agreement shall be binding on Owner and its successors and assigns and shall inure to your
benefit and the benefit of your successors and assigns.
Very truly yours, �..
SUNLIGHT MANOR, LP,A Texas limited partnership
By: Sunlight Manor GP, LLC,a Texas
limited liability company,its general partner
By: ITEX Partners, LLC,a Texas
limited liability company, its sole member
By: The ITEX Group, L C a Texas
limi I qty y,its member
By:
K. T. Akbari,NJW4anager and Member
1375071.1/005130.000023 - 2 -
i
THE CITY OF BEAUMONT
By:
Name:
Title:
ATTEST:
I
i
i
1375071.1!005130.000023 - 3 -
Sunlight Manor,LP
P. O. Box 1363
Nederland, TX 77627
Attn: K.T. Akbari
RE: Commitment Letter for Loan for Sunlight Manor Apartments
Dear Mr. Akbari:
We are pleased to inform you that the CITY OF BEAUMONT ("Lender"), has
approved the following credit facility (the "Loan") for Sunlight Manor, LP ("Borrower").
Lender hereby commits to make the Loan in the total amount of$ 164,000.00 for construction
and permanent financing of the Project (as hereinafter defined). This Loan is being made with
HOME funds which will be granted to Lender by the U.S. Department of Housing and Urban
Development ("HUD"). Acceptance of this commitment shall constitute an agreement to
comply with all restrictions imposed upon the use of such funds by HUD and any other
applicable governmental entity.
The Loan will be subject to the following described terms and conditions:
LOAN TERMS SUMMARY
Borrower: Alamito Terrace, LP, a Texas limited partnership, with Alamito Terrace
GP, LLC, a limited liability company, as its Managing General Partner.
Guarantors: None.
Loan Amount: Principal amount of the Loan not to exceed $164,000.00
Type of Facility: Construction/Permanent Loan.
Purpose of Loan: Provide a portion of the construction and permanent financing for
the rehabilitation of 120 units of multi-family apartments located at 2950 S. 8a'Street,Beaumont,
Jefferson County, Texas(the"Project").
Maturity Dates: The Loan will have a maturity of thirty (30) years after first
advance, which will take place on or before December 31, 2008.
Interest Rates: The Loan will accrue interest at the long-term Applicable Federal
Rate in effect at closing.
Payment Schedule: The Loan will require monthly payments of interest only, payable
only out of residual receipts during the construction period and stabilization. Upon stabilization
and funding of the permanent senior lien financing, the entire outstanding balance owing on the
Loan shall be amortized over thirty (30) years, and shall be payable in equal monthly
installments out of residual receipts only, with the entire outstanding principal balance and all
1071669.1/005130.000023
F s
accrued and unpaid interest being due and payable on or before thirty (30) years from the date of
first advance.
Personal Liability: The Loan shall be nonrecourse as to Borrower and its partners.
Security: The Loan will be secured by (i) a second lien deed of trust on the
leasehold interest of Borrower; (ii) subordinated collateral assignment of rents; and (iii)
subordinated pledge and security interest in Section 42 Housing Tax Credits.
Replacement Reserve: The Borrower shall fiend a replacement reserve in the
amount of$250 per unit per year.
Closing Date: The Loan must be closed on or before December 31, 2008 (the "Closing
Date"). Should the Borrower be unable to close the Loan contemplated herein prior to the
expiration of the Closing Date, the Closing Date may be extended at the sole discretion of
Lender.
The acceptance of this commitment letter shall be indicated by Borrower's
signature below.
THE PARTIES HERETO EXPRESSLY ACKNOWLEDGE AND AGREE
THAT, WITH REGARD TO THE SUBJECT MATTER OF THIS COMMITMENT LETTER
AND THE TRANSACTIONS CONTEMPLATED HEREIN (1) THERE ARE NO ORAL
AGREEMENTS BETWEEN THE PARTIES HERETO AND (2) THIS COMMITMENT
LETTER, INCLUDING THE DEFINED TERMS AND ALL EXHIBITS AND ADDENDA, IF
ANY, ATTACHED HERETO, (a)EMBODIES THE FINAL AND COMPLETE AGREEMENT
BETWEEN THE PARTIES; (b) SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS
NEGOTIATIONS, OFFERS, PROPOSALS, AGREEMENTS, COMMITMENTS, PROMISES,
ACTS, CONDUCT, COURSE OF DEALING, REPRESENTATIONS, STATEMENTS,
ASSURANCES, AND UNDERSTANDINGS, WHETHER ORAL OR WRITTEN; AND (c)
MAY NOT BE VARIED OR CONTRADICTED BY EVIDENCE OF ANY SUCH PRIOR OR
CONTEMPORANEOUS MATTER OR BY EVIDENCE OF ANY SUBSEQUENT ORAL
AGREEMENT OF THE PARTIES HERETO.
1071669.1!005130.000023
LOAN AGREEMENT
between the
CITY OF BEAUMONT
and
SUNLIGHT MANOR,L.P.
This Loan Agreement("Agreement"hereinafter)is made and entered into by and between the CITY OF BEAUMONT,
a Home Rule Municipal Corporation incorporated under the laws of the State of Texas ("City" hereinafter), and
SUNLIGHT MANOR,L.P.,a Texas for-profit corporation,located at rM Property Development,2901 Turtle Creek
Ste 106,Port Arthur,TX 77640.
WHEREAS,the City of Beaumont has received Community Development Block Grant funds from the United States
Department of Housing and Urban Development;
WHEREAS, the City has the objective of providing for the development of low-to-moderate income housing for
residents of the City through its Community Development Division;
WHEREAS, pursuant to the authority of Resolution Number 07-132 passed by the Beaumont City Council on
05/8/2007, SUNLIGHT MANOR, L.P. will enter into a contract with the City for 2006 CDBG funds totaling One
Hundred Sixty-Four Thousand Dollars and No/100(5164,000.00);
WHEREAS,the need for decent,safe and sanitary multi-family housing for low/moderate income families has been
identified in the City's 2005 Consolidated Plan;
WHEREAS,The CDBG allocation of One Hundred Sixty-Four Thousand Dollars and No/100($164,000.00)
will be used for architectural and engineering costs associated with the rehabilitation of, SUNLIGHT MANOR,L.P.'s
multi-family housing facility located at 2950 South e, Beaumont, TX, which will provide affordable housing in a
neighborhood targeted for revitalization and housing development.
WHEREAS,the City desires to assist SUNLIGHT MANOR,L.P.in providing for the rehabilitation of affordable
housing through a loan funded from the Community Development Block Grant Program(CDBG Program)and through an
allocation of$5,162,640 in Low Income Housing Tax Credits for said rehabilitation from the State of Texas to
SUNLIGHT MANOR,L.P.;
NOW,THEREFORE,FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein,the
City and SUNLIGHT MANOR,L.P.covenant and agree as follows:
This Agreement sets forth the understanding of the parties concerning the City's CDBG allocation as approved by
HUD. It is the intent of this Agreement to outline what eligible activities and procedures the Sub-contractor must comply
with in order to qualify for a portion of the City's CDBG allocation. The parties have severally and collectively agreed,and
by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks
described herein.
Section 1 -City's Responsibilities
A The Housing Manager,or other designated Housing Services Sta$will act as liaison on behalf of the City.
B. The City agrees to assume overall responsibility as the "Grantee" for ensuring that the Housing Assistance
programs using CDBG funds are carried out in accordance with the COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements.
C. The City agrees to provide a loan to pay for eligible costs,up to a maximum total amount of One Hundred Sixty-
Four Thousand Dollars and No/100($164,000.00)on a reimbursement basis to the Sub-contractor for eligible activities
as outlined in 24 CFR 570 (attached hereto), carried out within the City's jurisdictional boundaries, specifically, the
rehabilitation of a 120-unit multi-family development located at 2950 South e, Beaumont, TX, that will provide
affordable housing to low-to-moderate income families,of which four will be CDBG assisted units at a maximumper unit
subsidy of$41,000.00. Where the per unit cost is less than$41,000.00,any remaining CDBG funds must be applied to a
1
second unit which will become a CDBG assisted unit. Written authorization from the City of Beaumont is required prior to
adjusting the per unit subsidy set fort in this Agreement. Specifically,activities carried out will include architectural&
engineering costs,project delivery costs,infrastructure,construction and site development costs associated with the said
construction.
Section 2-SUNLIGHT MANOR,L.P.'s Responsibilities
A SUNLIGHT MANOR,L.P.'s President,or other designated Sub-contractor staff;will act as liaison on behalf of
the Sub-contractor.
B. SUNLIGHT MANOR,L.P.agrees to execute any and all documents requested by the City for compliance with the
CDBG,as specified in 24 CFR 570)(attached hereto)and agrees to comply with all uniform administrative requirements
and standards as more particularly described in OMB Circular A-133(Uniform Administrative Requirements for Grants
and Cooperative Agreements to States,Local Governments,and Non-Profit Organizations",and with the requirements of
OMB Circular A-122, "Cost Principles for Non-profit Organizations",and with cost principles specified at 48 CFR 31.
D. SUNLIGHT MANOR,L.P.agrees to assure that all acquisition or rehabilitation projects will meet or exceed all
written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements.
Within ninety(90)days of the execution of this agreement,SUNLIGHT MANOR,L.P.will adopt the City's construction
specifications and standards to be used on projects funded by this agreement. All floor plans must be certified as having
met or exceeded the Model Energy Code prior to construction Variations from these standards should be approved in
writing by the City's representative. Quality and affordability shall be the criteria used to determine whether a requested
variance will be approved.
E. Sub-contractor shall perform or cause to be performed the following services: the rehabilitation of a 120-unit
multi family development and provide affordable rental housing to low income families located at Sunlight Manor
Apartments,2950 South e,Beaumont,Texas,legally described as per the attached Exhibit.. Three(3)ofthe 120 units
shall be considered CDBG-assisted.. The affordability period is defined in Section 2(n of this Agreement.
F. SUNLIGHT MANOR,L.P. agrees to complete all acquisition,rehabilitation or new construction projects and
lease all those properties to eligible low or moderate income families within two(2)years from the date of this agreement,
or by federally required deadlines, whichever is sooner. For projects including acquisition for new construction, the
construction must begin within one(1)year of the acquisition of the property. The issuance of a building permit will
constitute start of construction.If construction cannot be commenced by its established start date,the Sub-contractor shall
notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent
the commencement of construction. The City shall either approve a new commencement date or deny the request for
extension. The decision of the City's representative shall be final. If a new start date is not approved,funds allocable to the
structure will be removed from the contract and the Sub-contractor will be required to deed to the City any real property
provided.
G. Sub-contractor shall implement its acquisition duties under this Agreement in accordance with the following
1. Sub-contractor shall obtain an MAI appraisal of the property to be acquired and shall furnish a
copy of said appraisal to City.
2. Sub-contractor shall hire an architect to prepare written plans and specifications for the
rehabilitation activities described in paragraph one above. The cost of preparation of plans and
specifications by a licensed architect and/or engineer shall be a reimbursable item under this
Agreement if the architectlengineer is solicited in accordance with federal requirements and if
the architect/engineer is not an employee of Sub-contractor. Any written agreements with an
architectlengmeer shall include all applicable federal requirements and shall be approved by
City prior to execution. Amendments to this Agreement will not be granted for delays due to
use of volunteer labor for architectural and/or engineering services which impede the
implementation of services. Any general contractor involved in the preparation of plans and
specifications shall not be eligible to bid on the project.
3. In the event that bids received exceed the project budget by more than 25%, City shall not
2
reimburse Sub-contractor for any charges by architect for redesign of project and rebid.
Redesign and rebid expenses shall be the responsibility of Sub-contractor or architect.
4. All plans and specifications shall be reviewed and approved by the City's Housing Department
for compliance prior to Sub-contractor soliciting bids. If plan revisions are required by the
City's Housing Services Administration,said plans and specifications shall be revised prior to
releasing a notice soliciting bids.
5. Where applicable, Sub-contractor shall submit plans to the City's Building Codes Division for
review and receive approval of said plans prior to soliciting bids. If plan revisions are required
by the City's Building Codes Division, said plans shall be revised prior to releasing a notice
soliciting bids.
6. Sub-contractor shall assure that all procurement transactions be conducted in a manner that
complies with 24 CFR Part 86,which is to provide,to the maximum extent practical,open and
free competition. Some form of cost or price analysis shall be made and documented in the
procurement files in connection with every procurement action. Price analysis may be
accomplished by including the comparison of price quotations submitted,market prices and/or
similar indicia, together with discounts. Cost analysis is the review and evaluation of each
element of cost to determine reasonableness,allocability and allowability.
Sub-contractor shall insure that the construction contractor has the appropriate license(s)and
performance bond(s)to do the intended work and that the necessary construction pen-nit(s)
is/are obtained and shall file a Notice of Commencement.
7. Sub-contractor shall ensure that for the term of the lien described in this Agreement,that 90%
of the users of the properly during each fiscal year 2009-2024 shall reside in households which
qualify as low- and moderate-income, as defined by the U.S. Department of Housing and
Urban Development("HUD")Section 8 income limits;current income limits as attached hereto
and as may be revised from time to time by the U.S. Department of Housing and Urban
Development.
8. City may inspect the work during construction. City shall have no liability to Sub-contractor
with respect to any such inspection or non-inspection.
9. Sub-contractor shall not assist any property which is historically or environmentally sensitive
without written consent from the City. City shall not be liable for reimbursement of costs for
any property determined to violate any environmental law,including but not limited to,those
listed in 24 CFR Part 58.
The Scope of Services outlined above shall be altered only through the prior written approval of the
City.
City has the right to terminate this agreement if at any time,after a thirty-day written notice,and at the
sole determination of the City,sufficient implementation progress is not being made in City's opinion,
and/or if Sub-contractor is not fulfilling terms of this contract in a timely manner, including the
submission of written monthly reports on the progress made toward completion of contract services.
Said reports shall compare goals with accomplishments and provide an explanation if accomplishments
do not meet implementation schedule. Said reports shall be due to City by the fifth working day of the
month following the end of the reporting period;the first report being due by the fifth working day of
the month after this agreement is signed.
H. SUNLIGHT MANOR,L.P. agrees to provide the City full and complete documentation of all eligible
acquisition, materials, professional fees and labor expenses fourteen(14) calendar days prior to the
requested reimbursement date. All eligible expenses must be already"paid in full" by SUNLIGHT
3
MANOR,L.P. prior to submission to the City. The Housing Manager may waive this requirement to
facilitate program goals and objectives. Payments under this Agreement may be suspended or
terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time.
I. SUNLIGHT MANOR,L.P.agrees to collect applications,determine eligibility and gather all initial data
connected with these applications All residents of the assisted units in this project must have
incomes below 60% of median income. Before the tenant occupies a unit,the owner must ensure
that the tenant eligibility has been documented with source documents such as wage statements,interest
statements, unemployment compensation statements, child support statements, and all other assets.
Incomes must be recertified annually. SUNLIGHT MANOR, L.P. agrees to ensure the long term
affordability of the property set forth in this agreement,specifically,the CDBG assisted units will be
designated as floating units and must continue to follow the affordable rent formulas and occupancy
restrictions outlined in Paragraph J below for a fifteen(15)year affordability period regardless of
transfer of ownership. Affordability requirements must be enforced by the use of deed restrictions.
J. SUNLIGHT MANOR, L.P. agrees that the three designated CDBG assisted unit must have rents
(including tenant paid utilities)which do not exceed the lower of 1)the HUD Fair market rents or 2)a
rent which is 30%of the adjusted income of a family earning 65%of median. The 2008 Fair Market
Rent (FMR) for a two-bedroom unit in Beaumont is $645 and for a 3 bedroom unit is $800. The
adjusted rent at 65%of median is the Fair Market Rent of$729 and$834. The established High
Home rents are$645 (211R)and $800(311R),which are the maximum allowable rents for
the CDBG assisted units. IF INITIAL OCCUPANCY OCCURS AFTER PUBLICATION OF
THE 2009 OR SUBSEQUENT YEAR FAIR MARKET RENT SCHEDULE, THE
ALLOWABLE RENTS MUST BE THE LOWER OF 1)THE FAIR MARKET RENTS OR 2)A
RENT WHICH IS 30% OF THE ADJUSTED INCOME OF A FAMILY EARNING 65%OF
MEDIAN FOR THE APPLICABLE YEAR. Said rents shall not exceed the allowable "High"
CDBG program rents, adjusted for unit size, as defined by HUD, for the City area, less tenant paid
utilities. Said rents and tenant-paid utility allowances may be adjusted from time to time by HUD. No
rent adjustments may be made by the Sub-contractor during the 15(fifteen)year affordability period
without prior approval from the City. If the Sub-contractor is found to have charged too much rent,
Sub-contractor will be required to reimburse tenant for the amount that exceeds the CDBG program
rents within 15 days of notice.
K SUNLIGHT MANOR, L.P. agrees to furnish the City with information on the program participants
necessary to meet HUD reporting requirements (i.e.,income verifications,ethnicity,age,sex,family
status,disability status and head-of-household status).The Sub-contractor agrees to make all files/units
on programs/properties funded by this agreement available for inspection by City and/or HUD staffand
will advise tenants of this requirement. The Sub-contractor will report any project and/or program
delays or modifications and await City approval before proceeding. The Sub-contractor will also report
any instances of client fraud or program abuse to the City.
L. SUNLIGHT MANOR,L.P. agrees to refund all CDBG funds found to have been used for ineligible
and/or unapproved programs or activities. These repayments will be made within thirty(30)days of
notification by the City of the ineligible expenditures.
M. SUNLIGHT MANOR,L.P. agrees to meet with the City to discuss progress or concerns as the need
arises and at the City's request. SUNLIGHT MANOR,L.P.also agrees to report on a bi-annual basis
to the City on program/project status as outlined in 24 CFR 570300(attached hereto).This must be a
written report of the status on recently completed, ongoing, and pre-approved programs and/or
projects, and must include information for the reporting period to include the status on applicant
approvals/denials; projects/programs approved; fund disbursements; project bidding information;
4
property sales; contractor/subcontractor utilization (amounts, ethnicity, addresses, social security
numbers and amounts billed and paid); use of proceeds; and other information as appropriate and
required by the attached program guidelines. SUNLIGHT MANOR,L.P.agrees that the Program will
be administered according to all applicable regulations and guidelines per the City of Beaumont's 2005
Consilidated Plan(as it may be amended),program design criteria and construction standards.
N. SUNLIGHT MANOR,L.P.agrees to place all sales proceeds gained from this program back into other
CDBG eligible costs directly associated with the operation of this affordable housing complex for the
15 year affordability period,and that rental income does not constitute sales proceeds and is not subject
to this requirement. The Sub-contractor understands and agrees that should the Sub-contractor
become defunct or insolvent,any and all CDBG funds on hand and any accounts receivable attributable
to the use of CDBG funds shall transfer to the City. The Sub-contractor further understands and agrees
to, and shall transfer to the City, any program income,real properties, equipment, supplies and any
assets acquired as a result of CDBG funds if SUNLIGHT MANOR,L.P.becomes defunct or insolvent.
O. SUNLIGHT MANOR, L.P. agrees that the City will provide the Sub-contractor with a loan in the
amount of One Hundred Sixty-Four Thousand Dollars and No/100($164,000.00)from its CDBG funds
to be available through the City's draw process on or after the effective date of this contract. Payment
shall be made directly to the Sub-contractor, upon receipt of invoices or payment vouchers from
SUNLIGHT MANOR,L.P. certifying that all requirements have been met.
P. The Sub-contractor also understands and agrees to adhere to the City's procurement process(attached
hereto). The City shall reserve the right to investigate,examine and monitor,at any time,any and all
such records relating to the operations or expenditures of SUNLIGHT MANOR, L.P. under this
Agreement.
Q. The Sub-contractor agrees to submit its 2007 audit report to the City by June 15, 2008, and is
required to submit subsequent audit reports by March 31 following each year-end thereafter. The
Sub-contractor is responsible for any and all costs and/or fees associated with the procurement and
contract for said audit.
R The Sub-contractor agrees to adhere to all local, state and federal regulations applicable to housing
units qualifying as Affordable Housing and applicable Notices, and to established Rent Limits.
Section 3-Reporting and Monitoring
A. During construction, Sub-contractor shall provide a written monthly report on the progress made
toward completion of contract services. Said report shall compare goals with accomplishments and
provide an explanation if accomplishments do not meet implementation schedule. Said report shall be
due to City by the fifth working day of the month following the end of the reporting period;the first
report being due by the fifth worldng day of the month after this agreement is signed.
B. Sub-contractor shall provide a final report by the 30x' working day after opening date, which
summarizes information on all users of the Property from the date of Certificate of Completion of the
construction through said report date. Said report shall include,but not be limited to,sex of occupant,
race of occupant, sex of head of occupant's household, gross income of occupant's household and
number of persons in the household.
C. Sub-contractor shall submit to City a copy of the report referenced in Section 3(B)for each occupant of
a CDBG-assisted unit during the term of the lien described in this Agreement. In addition, Sub-
contractor shall provide other documentation acceptable to the City,at the sole discretion of the City
that shall verify low-and moderate-income qualifications. Said submissions shall be made monthly for
new clients served during the reporting month. If Sub-contractor fails to document tenant eligibility
during the term of the lien, City may impose a $25 penalty for each CDBG-assisted unit in
5
noncompliance. If Sub-contractor corrects items of noncompliance within 15 days of notice,the City
may waive the penalty.
D. Sub-contractor shall furnish City with all additional information,records,reports and data as may be
required by HUD or City pertaining to matters of this Agreement.
E. City and/or the U.S. Department of Housing and Urban Development(HUD)shall have the right to
monitor and evaluate all aspects of activities carried out by Sub-contractor. Such evaluation will be
effected by the submission of reports and information by Sub-contractor and by site visits of Sub-
contractor by the City.
F. Sub-contractor shall submit to City a copy of the tenant/owner lease agreement prior to unit occupancy.
The lease will be reviewed for compliance with,tenant selection.
G. Sub-contractor shall submit to City a copy of the Rental Project Compliance Report form attached
hereto on a monthly basis during the term of initial occupancy and thereafter on an annual basis through
the term of affordability.
H. Sub-contractor shall provide annually to City, for the term of the lien described in this Agreement,
evidence of property insurance, flood insurance and an audit.
I. Paragraphs C,D,E,F,G,H and I of this Section shall continue in effect until the termination of the lien
described in Section 4(B) of this Agreement.
Section 4-Restrictions on Use
A. On site inspections will be conducted every 2 (two)years to verify compliance with tenant income,
rents and the minimum property standards. If Sub-contractor is found to be in noncompliance, a
repayment of federal funds and/or re-inspection will be required
B. A separate lien in the form of a Deed Restriction/2 d Lien mortgage on the real property legally
described as per the attached Exhibit,as recorded in the Public Records of Jefferson County,Texas,
will be executed in the amount of$164,000.00 and shall be recorded in the Public Records of Jefferson
County,Texas.
C. The mortgage identified in Section 4(B)shall provide that a default shall occur if a)A Certificate of
Completion has not been issued by the City on or before April 30, 2009,due to lack of compliance by
Sub-contractor with the City Codes; b)Sub-contractor has not begun to offer affordable rental housing
to low- and moderate-income families and individuals on or before March 31, 2009;and/or c) Sub-
contractor abandons, and/or ceases to use the real property described in Section 2(E) as affordable
rental housing to tenants in accordance with Section 2(I)above without the prior written approval of
the City. If such a default occurs,the mortgages may be foreclosed in the manner provided by law.
D. If Sub-contractor complies with the terms and conditions of this Agreement,then the lien established
by the mortgage shall terminate as set forth in the mortgage.
Section 5- General Terms
A. This Agreement shall be fully executed in writing by both parties,and is effective April 29,2008-April
28, 2009. Funds must be expended prior to April 29, 2009.Loan repayment is in accordance
with the attached Promissory Note.With agreement by both parties,the Agreement may be extended
for a time specified in a jointly signed and approved term extension memorandum, not to exceed 6
months from the original effective date. Within six months after the issuance of a Certificate of
Occupancy, Sub-contractor must submit to the City verification that the project has set aside
three(3) units for low and moderate income tenants, in order to comply with the terms of this
Agreement.
6
B. This Agreement and the rights and obligations contained herein may not be assigned by either party.
C. This Agreement has been made under,and shall be governed by,the laws of the State of Texas. The
parties agree that performance and all matters related thereto shall be in Beaumont, Texas.
D. This Agreement may only be amended by written instrument,approved and executed by both parties.
E. The City may terminate this agreement if at any time, after a thirty-day written notice, the Sub-
contractor is found to have violated any federal,state or local requirements,for nonperformance ofthe
terms of this agreement,or upon the unavailability of CDBG funds. Additionally,In the event that one
or more contract provisions are not met,City shall have the right to terminate this Agreement with a
thirty day notice to the Sub-contractor to cure. If correction is not made within the thirty day notice
period, the Agreement shall be terminated. All funds disbursed under the Agreement shall be paid
back to City from the Sub-contractor within thirty days of termination.
F. It is expressly understood and agreed by and between the City and the Sub-contractor that this
Agreement is wholly conditioned upon the actual availability of federal CDBG funds allocated to the
City by the U.S.Department of Housing and Urban Development and that all monies distributed to,or
in behalf of the, SUNLIGHT MANOR, L.P. hereunder shall be exclusively from federal monies
received under said CDBG Program, and not from any other monies of the City.
G. This Agreement does not provide for any administrative and/or operating costs incurred by the Sub-
contractor,or for any developer's fees related or unrelated to carrying out this Agreement,except as
specifically specified.
H. The Agreement does not constitute project-specific or site control loans.
I. If any provision(s)of this Agreement shall be held to be invalid,illegal,or unenforceable by a court,by
HUD,or other competent tribunal,the validity,legality,and enforceability of the remaining provisions
shall not be impaired thereby. In such event,the parties hereby agree to use their best efforts to replace
the respective provision or provisions with terms and conditions approximating the original intent of the
parties and conforming in all respects with applicable law and HUD regulations and directives.
J. The failure of the City to insist upon the performance of any term or provision of this agreement or to
exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of
the City's right to assert or rely upon any such term or right on any future occasion.
K. This written instrument and attachments constitute the entire agreement by the parties hereto
concerning the matter performed hereunder and any prior or contemporaneous, oral or written
agreement which purports to vary from the terms hereof shall be void.
L. SUNLIGHT MANOR, L.P. covenants and agrees to hold harmless the City and its officers, agents,
servants and employees,from and against any and all claims or suits for property loss or damage and
personal injury,including death to any and all persons,or whatever kind of character whether real or
asserted, arising out of or in connection with the execution,performance,attempted performance or
non-performance of this contract and agreement and the operations, activities and services of the
program described herein,whether or not caused,in whole or in part,by alleged negligence of officers,
agents,servants,employees, contractors,or sub-contractors of the City.
M. No officer, employee or member of SUNLIGHT MANOR, L.P. or SUNLIGHT MANOR, L.P.'s
subcontractors shall have a financial interest, direct or indirect, in this contract or the monies
transferred hereunder,or be financially interested,directly or indirectly,in any contract relating to the
operations conducted by it nor in any contract for furnishing services or supplies to SUNLIGHT
MANOR, L.P.. Any willful violation of this paragraph with the knowledge, expressed or implied,of
7
SUNLIGHT MANOR, L.P. or its subcontractors, shall render this contract voidable by the City of
Beaumont.
N. No grants shall be made by SUNLIGHT MANOR,L.P. to its directors or officers,either directly or
indirectly, through family members, business partners or employees. SUNLIGHT MANOR, L.P.
agrees that no CDBG funds shall be used, either directly or indirectly, for religious purposes. Any
willful violation of this paragraph with the knowledge,expressed or implied,of SUNLIGHT MANOR,
L.P. shall render this contract voidable by the City.
O. SUNLIGHT MANOR, L.P. covenants and agrees that its officers, members, agents, employees,
program participants and subcontractors shall abide by and comply with federal,state and local laws,
including all ordinances, rules and regulations of the City of Beaumont, as amended. SUNLIGHT
MANOR,L.P. further covenants and agrees that it will fully comply with the terms and conditions of
the CDBG Program,under which these funds are provided.
P. In carrying out this Agreement, Sub-contractor or any subcontractor shall not exclude from
participation in,deny benefits to,or otherwise discriminate against,any person because of race,color,
religion,sex,age,national origin or handicap;and shall comply with all requirements pertaining to fair
housing,equal employment and contracting opportunity and religious discrimination contained herein.
R. Fair Housing. In carrying out this Agreement, Sub-contractor or any subcontractor shall not
discriminate in the sale, rental, use or occupancy of housing; in the sale or rental of land to be
developed for housing; in the financing of housing or the provision of brokerage services;including
otherwise making unavailable or denying services to a person because of race, color, religion, sex,
national origin,handicap or familial status.
S. Religious Discrimination. In consideration of receipt of funds under this Agreement:
A. Sub-contractor shall not discriminate against any employee or applicant for
employment,nor limit employment or give preference in employment to persons on
the basis of religion;
B. Sub-contractor shall not discriminate against any person seeking assistance from Sub-
contractor,nor limit services or give preference to persons on the basis of religion;
C. Sub-contractor shall provide no religious instruction or counseling, conduct no
religious workshops or services, engage in no religious proselytizing, and exert no
other religious influence on any client or employee of Sub-contractor;
D. No property from which services are provided under this Agreement shall contain
religious symbols or decorations and/or shall be used for religious instruction,
counseling, workshops and/or services for the term of this Agreement; and
E. Sub-contractor shall include the above four paragraphs in any subcontracts pursuant to
this Agreement.
T. Section 3. Pursuant to Section 3 ofthe Housing and Urban Development Act of 1968,as amended,12
U.S.C. 1701u, Sub-contractor and any subcontractor shall, to the greatest extent feasible, give
opportunities for training and employment arising in connection with this Agreement to low-income
persons residing within the Beaumont metropolitan area,and award contracts for work to be performed
in connection with this Agreement to eligible business concerns which are located in or owned in
substantial part by persons residing in said metropolitan area_For any contract exceeding$200,000 and
any subcontract exceeding$100,000, Sub-contractor shall also comply with HUD's regulations in 24
CFR Part 135,which implement Section 3,and shall include the following clauses in all subcontracts
resulting from the commitment of funds under this Agreement:
8
1. The work to be performed under this contract is subject to the requirements of Section 3 ofthe
Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701 u.The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by HUD
assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent feasible,
be directed to low-and very low-income persons,particularly persons who are recipients of
HUD assistance for housing;
2. The parties to this contract shall comply with HUD's regulations in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations;
3. Sub-contractor shall send to each labor organization or representative of workers with which
the Sub-contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of Sub-contractor's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference,shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions,the qualifications for each,the name and location of the person(s)taking applications
for each of the positions, and the anticipated date the work shall begin;
4. Sub-contractor shall include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR Part 135 and shall take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. Sub-contractor will not
subcontract with any subcontractor where the Sub-contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135;
5. Sub-contractor shall certify that any vacant employment positions,including training positions
that are filled:
After the Contractor is selected but before the contract is executed; and with persons other
than those to whom the regulations of 24 CFR Part 135 require employment opportunities to
be directed,were not filled to circumvent Sub-contractor's obligations under 24 CFRPart 135;
and
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default,and debarment or suspension from future HUD assisted
contracts.
U. LobbYingProhibited. Sub-contractor certifies that,to the best of its knowledge or belief:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of Sub-
contractor,to any person for influencing or attempting to influence an officer or employee of
any agency,a member of Congress, an officer or employee of Congress,or an employee of a
member of Congress in connection with the awarding of any federal contract,the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract,grant,loan,or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency,a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
9
connection with this federal contract, grant, loan, or cooperative agreement, Sub-contractor
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions,with a copy of said submittal provided to City within ten(10)
days of submission.
3. Sub-contractor shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrarrts, and contracts
under grants, loans and cooperative agreements) and that all sub-recipients shall certify and
disclose accordingly.This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into.Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,Title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than$10,000 and not more than$100,000 for each such failure.
V. Labor Standards. Sub-contractor shall abide by and enforce all provisions of the Contract Work Hours
and Safety Standards Act(40 U.S.C. 327 et sue.),and all other applicable federal laws and regulations
pertaining to Labor Standards as each applies to construction services provided under this Agreement.
Davis-Bacon is not automatically triggered by CDBG regulations because there are fewer than 12
CDBG assisted units in this project.
W. Debarred Suspended or Ineligible Contractors. Sub-contractor attests that it has not been debarred,
suspended,proposed for debarment,or ineligible from participating in federally funded projects;and
shall not employ, award contracts to, or otherwise engage the services of or fund any Contractor or
subcontractor during any period of debarment,suspension or placement in ineligibility status under the
provisions of 24 CFR Part 24.
X. Audits. The Sub-contractor shall at any time during normal business hours and as often as the City
and/or Comptroller General of the United States and/or the U.S. Department of Housing and Urban
Development and/or any of their duly authorized representatives may deem necessary make available
for examination all of Sub-contractor's records,books,documents,papers,and data with respect to all
matters covered by this agreement and shall permit the City and/or its designated authorized
representative to audit and examine all books, documents, papers, records and data related to this
agreement.
If Sub-contractor receives and/or expends more than$500,000 in federal awards, including funds
received under this Agreement,in a fiscal year,Sub-contractor shall at Sub-contractor's expense have
an organization-wide audit of Sub-contractor's records performed by an independent Certified Public
Accounting firm in accordance with OMB Circular A-133.
If Sub-contractor is not subject to the requirements of OMB Circular A-133 and is awarded and/or
expends $10,000 or more in funds under this Agreement, Sub-contractor shall at Sub-contractor's
expense have an agency-wide financial audit performed by an independent Certified Public Accounting
firm. Said audit shall test the fiscal integrity of financial transactions,the effectiveness of financial
management systems and the effectiveness of internal control systems. Said audit shall cover the entire
period of this Agreement between disbursement of the first payment from the City to the Sub-
contractor through disbursement of the last payment from Sub-contractor to a vendor or last payment
from City to Sub-contractor,whichever is later,for payment of services under this Agreement. Unless
modified in Part I of this Agreement, said audit shall be due to the City within 120 days of the end of
Sub-contractor's fiscal year in which final payment under this Agreement is paid by Sub-contractor. If
alien is placed on real property as part of this Agreement, Sub-contractor shall provide City with an
annual audit, within 120 days of the end of Sub-contractor's fiscal year, until such time as said lien
expires, is forgiven or is paid in full.
10
If Sub-contractor is not subject to the requirements of OMB Circular A-133 and is awarded and/or
expends less than$10,000 in funds under this Agreement, Sub-contractor shall at Sub-contractor's
expense have an agency-wide financial compilation performed by an independent Certified Public
Accounting firm. Said compilation shall cover the entire period of this Agreement between
disbursement of the first payment from the City to the Sub-contractor through disbursement of the last
payment from Sub-contractor to a vendor or last payment from City to Sub-contractor,whichever is
later,for payment of services under this Agreement. Unless modified in Part I of this Agreement,said
compilation shall be due to the City within 120 days of the end of Sub-contractor's fiscal year in which
final payment under this Agreement is paid by Sub-contractor. If a lien is placed on real property as
part of this Agreement,Sub-contractor shall provide City with an annual compilation,within 120 days
of the end of Sub-contractor's fiscal year, until such time as said lien expires,is forgiven or is paid in
full.
Y. Reports and Information At such times and in such form as City may require, Sub-contractor shall
furnish to City statements, records, reports, data and information as City may request pertaining to
matters covered by this Agreement.
Z. Record Retention. All records pertaining to this Agreement, including but not limited to financial,
statistical,property and programmatic records,shall be retained for five(5)years from ending date of
City's fiscal year(October 1 through September 30)in which this Agreement is paid in full,expired,or
terminated. All records,however,that are subject to audit findings shall be retained for five(5)years
in the manner prescribed above or until such audit findings have been resolved, whichever is later.
Nothing herein shall be construed to allow destruction of records that may be required to be retained
longer by the Statutes of the State of Texas. Tenant income,rent and inspection information must be
kept for the most recent five(5)years, until five(5)years after the affordability period.
For rental housing projects,records may be retained for five years after the project completion date;
except that records of individual tenant income verifications,project rents and project inspections must
be retained for the most recent five(5)year period, until five(5)years after the affordability period
terminates.
AA. Each party has the full power and authority to enter into and perform this Agreement,and the
person signing on behalf of each party has been properly authorized and empowered to execute this
Agreement. The parties hereby acknowledge that they have read,understand,and intend to be bound
by the terms and conditions contained herein.
SUNLIGHT MANOR,L.P.
By:
Title: Date
STATE OF TEXAS §
§ ACKNOWLEDGMENT
CITY OF BEAUMONT §
This instrument was acknowledged before me on the day of ,2008, by
as of , a for-profit
corporation, on behalf of said corporation.
Notary Public in and for the State of Texas
11
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager Date
ATTEST:
By:
Tina Broussard, City Clerk Date
12
I
DEFINITIONS
Fair market rent 07W.The rent, including the cost of utilities(except telephone),that would be required
to be paid in the housing market area to obtain privately owned,existing,decent, safe and sanitary
rental housing of modest(non-luxury)nature with suitable amenities. Fair market rents for existing
housing are established by HUD for housing units of varying sizes(number of bedrooms), and are
published in the Federal Register in accordance with 24 CFR part 888.
Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year.
Initial contract rent. In the certificate program,the contract rent at the beginning of the initial lease term.
Lease. (1)A written agreement between an owner and a tenant for the leasing of a dwelling unit to the
tenant. The lease establishes the conditions for occupancy of the dwelling unit.
Lease purchase. CDBG funds may be used to assist homebuyers through lease-purchase programs for
existing housing and for housing to be constructed. The housing must be purchased by a
homebuyer within 36 months of signing the lease-purchase agreement. The homebuyer must
qualify as a low-income family at the time the lease-purchase agreement is signed. If CDBG funds
are used to acquire housing that will be resold to a homebuyer through a lease-purchase program,
the CDBG affordability requirements for rental housing in§ 92.252 shall apply if the housing is not
transferred to a homebuyer within forty-two months after project completion.
Fixed and floating units:For properties with both assisted and non-assisted units,the program administrator must
select"fixed"or"floating"units at the time of project commitment.
Fixed:When CDBG-assisted units are"fixed,"the specific units that are CDBG-assisted(and,therefore, subject to
CDBG rent and occupancy requirements)are designated and never change.
Floating:When CDBG-assisted units are"floating,"the units that are designated as CDBG assisted may change over
time as long as the total number of CDBG-assisted units in the project remains constant.
The floating designation gives the owner some flexibility in assigning units,and can help avoid stigmatizing the
CDBG-assisted units. If the floating designation is used,the owner must ensure that the CDBG-assisted units
remain comparable to the non-assisted units over the affordability period in terms of size,features and number
of bedrooms.
RICH WITH OPPORTUNITY
C .
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 13, 2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition:
* Public Comment: Persons may speak on scheduled agenda items 1-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving the purchase of a Streets Work Management, Street
Pavement, and Signal and Sign Tracking Asset Management System
2. Consider authorizing the City Manager to receive funding through the Department
of Homeland Security Supplemental 2007 Port Security Grant Program, and enter
into a memorandum of understanding with Jefferson County to facilitate
expenditure of the grant funding through the Port Security Grant Program
fiduciary process
3. Consider approving a contract for Municipal Court Building roof replacement
4. Consider approving a HOME Program contract for acquisition and rehabilitation
of properties for lease purchase
5. Consider approving a HOME Program contract for operating expenses
6. Consider approving the rate refund of Entergy Texas, Inc. contained in the
Statement of Intent to Adopt a New Rate filed with the City on March 25, 2010
PUBLIC HEARING
* Receive comments on the Public Service and Public Facilities and Improvements
line items of the Consolidated Grant Program's 2010 Annual Action Plan
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
City of Beaumont v. Greg Abbott, Attorney General of Texas, et al
Clifford Teasley v. City of Beaumont
Eric Kvarme, et al v. City of Beaumont, et al
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Lenny Caballero at 880-3716 three days prior to the
meeting.
1
April 13,2010
Consider approving the purchase of a Streets Work Management, Street Pavement, and Signal
and Sign Tracking Asset Management System
RICH WITH OPPORTUNITY
r
C ► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Managers
PREPARED BY: Laura Clark, Chief Financial Officer/'
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider approving the purchase of a Streets Work
Management, Street Pavement, and Signal and Sign
Tracking Asset Management System.
RECOMMENDATION
The administration recommends approval of the purchase of the system from GBA Master
Series, Inc. (gba MS), of Overland Park, Kansas, in the amount of$170,630.
BACKGROUND
The Public Works Department plans and manages maintenance and rehabilitation of seven
hundred seventy-five (775) miles of City streets. Key functions are the collection and
organization of accurate data, analysis of road conditions, integration of GIS and work order data,
and forecasting of maintenance based on anticipated budgets.
The existing streets work management system is an outdated custom-written application that
does not integrate with GIS technology or the City's 311 System. Support for the existing system
is limited and the system is at risk for failure. The current system does not track and manage
traffic signs, signals, or street lights. An integrated system is needed to improve the efficiency
and capability of the department to manage work, data, and assets.
Features of the new system include the ability to integrate with the 311 Service Call system to
manage incoming calls and work requests and to build work orders. The system monitors the
status of work orders and collects detailed history and information concerning service requests.
The system provides for full tracking of sign and signal assets as well as equipment, materials
and labor. Pavement management, a critical component of the system, provides data analysis to
identify and prioritize needs, predict future conditions, and assess costs and benefits. Multiple
combinations of data may be easily extracted and shared from the integrated report generator for
planning and budgeting forecasts. The system is expandible for the addition of modules for
water network, storm sewer and sanitary sewer system data.
Streets Work, Pavement, and Asset Management System
March 30, 2010
Page 2
A Request for Proposal(RFP)was sent to five (5) potential responders and posted on the City
website. Six(6) responses were received. All responses were evaluated by the criteria provided
in the RFP. The three (3)highest ranking responses were subjected to additional evaluation,
including review of software demonstrations. After re-scoring using the original criteria,the
highest ranking response was from gba MS.
The evaluations of the highest ranking respondents are as follow:
Criteria Max. gba Data
Points Cartegraph Transfer
Allowed MS Solutions
Ability to meet function requirements. 40 40 40 30
Ease of use including customizable
features.
Successful vendor history of providing 10 10 10 10
similar systems. Qualified staff
experienced in deployment, integration and
support of Public Management Programs.
Immediate availability of 10 10 10 10
hardware/software proposed.
Experience with integration of third party 10 10 10 10
software
Ability to expand system functionality to 10 10 10 10
include other Department's management
systems for future objectives.
Integrated software, relational database and 10 10 10 10
all necessary reporting capabilities, etc.,
inherent within software.
Cost 10 6 3 10
TOTAL SCORE 100 96 93 90
BUDGETARY IMPACT
Funds are available in the Street & Drainage Improvement Fund.
S
EVALUATION SCORES-MF 1010-06
RFP FOR STREETS WORK MANAGEMENT SYSTEM, STREET PAVEMENT SYSTEM,AND SIGNAL AND SIGN
TRACKING ASSET MANAGEMENT SYSTEM
CRITERIA GBA CARTEGRAPH DTS INFOR MAXIMUM
SCORE
Ability to meet the functional requirements as stated in
this RFP. Ease of use of the proposed SOLUTION
1 including customizable features. 40 40 30 40 40
similar systems within the established RFP guidelines.
Qualified vendor staff with experience in deployment,
2
Integration and sueeort of Public Management Programs. 10 10 10 4.33 10
SOLUTION. (For example, software must provide the
features described through the most current release.
Additional functionality coming in future releases must
3 be separateIX noted. 10 10 10 10 10
Experience with e integration of third party software
4
systems, Including ESRI. 10 10 10 10 10
Ability to expand work management system functionality
to Include other City Department's work management
5 re uirements for future ob ectives Le. Water and Parks. 10 10 10 10 10
integrate so are, relational a se an a
necessary reporting capabilities, etc., inherent within the
6 software. 10 10 10 10 10
7 Cost a 7 10 3.66 10
1TUTAL SCORE 8a 97 90 88 100
EVALUATION SCORES-MF 1010-06
RFP FOR STREETS WORK MANAGEMENT SYSTEM,STREET PAVEMENT SYSTEM,AND SIGNAL AND SIGN
TRACKING ASSET MANAGEMENT SYSTEM
CRITERIA EXOR MAINSTAR MAXIMUM
SCORE
Ability to meet the functional requirements as stated in
this RFP. Ease of use of the proposed SOLUTION
Including customizable features. 23.66 10 40
similar systems within the established RFP guidelines.
Qualified vendor staff with experience in deployment,
2 Integration and SuReort of Public Management Programs. 6 5 10
SOLUTION. (For example, software must provide the
features described through the most current release.
Additional functionality coming in future releases must
3 be separatelx noted. 5 0 10
Experience with e integration o r party software
4 systems, including ESRI. 10 10 10
Ability to expand work management system functionality
to include other City Department's work management
5 re uirements for future ob ectives i.e. Water and Parks. 10 10 10
Integrated sofware, relational da a a and all
necessary reporting capabilities, etc., Inherent within the
6 software. 5 5 10
7 Cost 6 9 10
65.66 49 100
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a Streets Work Management,
Street Pavement, and Signal and Sign Tracking Asset Management System from GBA
Master Series, Inc., of Overland Park, Kansas, in the amount of $170,630.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April,
2010.
- Mayor Becky Ames -
2
April 13,2010
�I
Consider authorizing the City Manager to receive funding through the Department of Homeland
Security Supplemental 2007 Port Security Grant Program, and enter into a memorandum of
understanding with Jefferson County to facilitate expenditure of the grant funding through the
Port Security Grant Program fiduciary process
RICH WITH OPPORTUNITY
[1EA,[11�1U111T
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to receive
funding in the amount of$1,507,184.25 through the
Department of Homeland Security Supplemental 2007 Port
Security Grant Program, and enter into a memorandum of
understanding with Jefferson County to facilitate
expenditure of the grant funding through the Port Security
Grant Program(PSGP) fiduciary process.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Homeland Security Grant Program consists of a number of grant programs, one of which is
the Port Security Grant Program (PSGP). This grant can be utilized to enhance the security of the
Port of Beaumont and the agencies that support it since it has been designated as critical to
national infrastructure. Funding was requested for three (3) projects totaling $2,009,579, with the
grant funding 75% of each project. It is anticipated that $607,184.25 of the grant funds will fund
the replacement and upgrade of the roof on the EOC and 911 Operations Center to protect
against all manner of hazards and allow safety for critical command and control facility and first
responder sheltering. Also, $675,000 of the funding is anticipated for a generator and electrical
updates to provide backup power for the Police Department headquarters, which also provides
backup capability and sheltering for first responders during emergencies. The existing system is
original to the building and was installed in the 1960's. It is located in the basement of the
building, which is prone to flooding, and only powers a small part of the building. Due to the age
of the system, replacement parts have been unavailable since 2008. Finally, $225,000 is
anticipated to be used for future communication projects as needed to support public safety
operations.
2007 Supplemental funding was provided to this region as a lump sum to be distributed to the
eligible agencies through one finance entity. Jefferson County assumed this fiduciary role at the
request of the U.S. Coast Guard. The memorandum of understanding formally describes each
party's responsibilities. The agreement is attached for your review.
BUDGETARYIMPACT
Total project costs are anticipated to be $2,009,579. Grant funding amounts to 75% or
$1,507,184.25, of the total and the City has a required match of 25%or$502,394.75, of the total.
Funds for the required match are included in the Capital Reserve Fund's FY 2010 Budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to receive funding in the amount
of$1,507,184.25 through the Department of Homeland Security Supplemental 2007 Port
Security Grant Program (PSGP).
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to enter
into a memorandum of understanding with Jefferson County to facilitate expenditure of the
grant funding through the PSGP fiduciary process. The memorandum of understanding
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 13th day of April,
2010.
- Mayor Becky Ames -
INTER-GOVERNMENTAL AGREEMENT
BETWEEN
JEFFERSON COUNTY
AND
CITY OF BEAUMONT, TEXAS
STATE OF TEXAS
COUNTY OF JEFFERSON
This Agreement between Jefferson County Texas, hereinafter referred to as "County" and the
City of Beaumont, Texas hereinafter referred to as "City" is as follows:
WHEREAS, the County acts as the Fiduciary Agent for the 2007 Supplemental Port Security
Grant Program hereinafter referred to as "2007 SPSGP" administered by the Department of
Homeland Security and
WHEREAS, the City has submitted and received approval from the Area Maritime Security
Committee, Captain of the Port, and the Department of Homeland Security for the following
projects:
• Back up power for alternate EOC, ICP and dispatch $ 900,000
• Primary EOC Roof Hardening 809,579
• Fire Alerting System 300,000
Total $2,009,579
WHEREAS, Seventy five percent (75%) of the project(s) cost up to a maximum of
$1,507,184.25 is approved under the 2007 Supplemental Port Security Grant Program.
THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits flowing to the City
as well as the County as a result of the project
1. The Count actin as Fiduciary Agent will draw down these funds from the 2007
County g y g
Supplemental Port Security Grant Program and issue payment to the City
2. The City has budgeted and made available the twenty five percent (25%) cash match
as required by the 2007 SPSGP.
3. The City will ensure that project activities are in accordance with the 2007 SPSGP.
4. The County shall fully and satisfactorily perform all of the conditions and obligations
as Fiduciary Agent under the terms of the 2007 SPSGP.
EXHIBIT "A"
5. The City will fully and satisfactorily perform all of its obligations under the
terms of this agreement.
6. This is a good faith effort between the County and the City to accommodate and
assist the citizens of Jefferson County by providing the Sabine Neches Waterway
with security improvements and each of the entities hereto pledge their best efforts to
fulfill the obligation set forth herein this agreement.
COUNTY OF JEFFERSON:
WITNESS OUR HANDS effective this day of , 2010.
Ronald L. Walker, County Judge
ATTEST:
Carolyn Guidry, County Clerk, Jefferson County
WITNESS OUR HANDS effective this day of , 2010.
CITY OF BEAUMONT, TEXAS:
Becky Ames, Mayor
ATTEST:
City Clerk
3
April 13,2010
Consider approving a contract for Municipal Court Building roof replacement
RICH WITH OPPORTUNITY
II
`
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider the award of a contract for Municipal
Court Building roof replacement.
RECOMMENDATION
Administration recommends the award of a contract through the Texas Multiple Award Schedule
to The Garland Company, Inc. (dba)Design-Build Solutions, Inc. in the amount of$667,216 for
replacing the roof on the Municipal Court Building.
BACKGROUND
The TXMAS Program, established by the State of Texas Procurement and Support Services
office, adapts existing competitively awarded federal government contracts to the procurement
needs of the State and other government entities within Texas. The contracts meet all state
bidding requirements. The Garland Company, Inc. (dba)Design-Build Solutions, Inc. (Garland)
is a contracted vendor with the TXMAS program.
Replacement of the roof on the Municipal Court Building with a roof meeting wind code
standards for a Category 5 Hurricane will provide greater assurance that the building's roof will
remain in place during a hurricane. During a disaster, the building's 2nd floor converts to the
City's Emergency Operations Center. The 24 hour 911 Dispatch Center is also stationed in the
building.
Garland will remove the existing main roof deck, construct a built-up torch applied roof with
insulation, repair or replace deteriorated decking and lumber, fabricate and install new 24 gauge
stainless steel flashing, install new copper flanged drain assemblies, remove existing mortar at
stone coping joints and install new waterproofing system. The main roof is approximately 15,000
sq. ft. The upper metal roof(400 sq. ft), penthouse(600 sq. ft.), lower canopy roof(2,500 sq. ft.)
will also be replaced.
Municipal Court Roof Replacement
April 5, 2010
Page 2
The roof will be warranted for twenty (20)years. The roof can be replaced within 180 days.
BUDGETARY IMPACT
Funds for this project are available through a 2007 Port Security Supplemental Grant. The City's
share is 25% of the total cost or $166,804. Funds for the City's contribution are available in the
Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to The Garland Company,
Inc., dba Design-Build Solutions, Inc., through the Texas Multiple Award Schedule, in the
amount of $667,216 for roof replacement on the Municipal Court Building.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April,
2010.
- Mayor Becky Ames -
4
April 13,2010
Consider approving a HOME Program contract for acquisition and rehabilitation of properties for
lease purchase
RICH WITH OPPORTUNITY
BEAUMO N*
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C)0
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider approving a contract in the amount of
$250,000 with Legacy Community Development Corporation
(CDC)for acquisition and rehabilitation of properties for lease
purchase.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds
from the U. S. Department of Housing and Urban Development (HUD) and has previously
awarded contracts for acquisition or construction of housing to be sold to eligible low/moderate
income families under lease purchase agreements.
Upon execution of a contract, Legacy CDC will identify two (2) properties currently on the
market and submit them for the Administration's review process which includes satisfying the
program's lot specifications, environmental review, and code compliance. Eligible properties will
be acquired and rehabilitated, and a lease-purchase extended to eligible low-to-moderate income
families for a period not to exceed 36 months. Where rehabilitation would not be feasible, Legacy
may, with prior written authorization from the City's Community Development Director,
demolish and reconstruct a suitable unit on the same lot. Any and all income received by Legacy
for leased properties must be used toward the organization's affordable housing activities.
Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance.
BUDGETARY IMPACT
Funding is available form the 2008 and 2009 HOME Program.
Legacy Community Development Corp.
Building Families...Leaving a Legacy
Vivian L. BaUou
Executive Director
P.O.Box 194
PortArthur,Texas 77641
972-897-6630
legacycdc@yahoo.com
City of Beaumont
Community Development/
Housing Services
P.O. Box 194
Beaumont, Texas 77704
Dear Mr.Boone:
Please accept the attached proposal from Legacy CDC to serve as the city's CHDO.
Legacy CDC proposes to purchase two homes (preferably foreclosures),renovate them
and lease them to qualified applicants.At the end of the lease,the tenants will have the
opportunity to purchase the homes and become first time hornebuyers.
Our organization sees this project as an extension of the city's efforts to stabilize
deteriorating neighborhoods. The goal of the project is two-fold:to create
homeownership opportunities for deserving families and to return abandoned/vacant
structures back to the tax rolls.
Legacy is requesting HOME funds in the amount of$290,066($40,066 in CHDO
operating and $250,000 in CHDO Reserve funds) to carry out this activity.
If you have any questions,please feel free to contact me at 409-365-9850.
R p ctfully submitted,
V an L. allou
Executive Director '
.b
Activity-CHDO Operating Total Budget
Administration 40,066
Rent/Equipment 12,000
Insurance 1,200
Audit 5,000
Salaries 18,866
Training 3,000
40,066
HOME Investment Partnership 1 Application
Application
PROGRAM COVER SHEET
® Original ❑ Copy
"Part 1 — General Information
Organization Name: Legacy Community Development Corporation
Tax ID Number: 20-8023787
Project Name: City of Beaumont
Contact Person: Vivian L. Ballou
Mailing Address: PO Box 5546
City, State, Zip Code: Port Arthur, Texas
Phone: 972-897-6630
Fax:
Email: vlballouCcD-yahoo.com
Program -.
Acquisition/Rehab Lease/Purchase Project
CHDO Set-aside
Activities
2009 CHDO $40,066
Operating
2009 CHDO
Reserve
Acquisition of 2 2 $140,000
units
Soft/Closing $10,000
Costs
Rehab Costs $100,000
Total Request $290,066
Page 1 of 4
Project Description
Funds will be utilized to acquire, rehabilitate and sale up to 2 exisiting units (foreclosures, if possible).
CHDO operating funds will be used to establish an office and offset staffing costs. CHDO proceeds will
be revolved and retained to expand future development of affordable housing.
Legacy's focus will be on the City of Beaumont, particularly Census Tracts 6,7,and 9. See attached.
•art 4- Project Development
Upon receipt of notice to proceed, the organization will commence site control, pre-
development, closing, site development, pre-constrsuction, and construction activities. The
organization anticipates having site control within forty-five days of notice to proceed. Project
development generally proceeds as follows:
• Earnest money contract
• Inspection
• Appraisal
• Environmental review
• Closing
• Building permits
• Rehabilitation or reconstruction
This project will not temporarily or permanently displace residents or businesses.
The homes will feature quality amenities such as 30 year composition shingles, Low E
windows, Energy star appliances, finished garages, electric/gas utility connections, the
flooring, carpet, fireplaces, ceiling fans, mini-blinds, landscaping, and more.
Page 2 of 4
A. Implementation Schedule
Milestone Projected Date
1) Contract Start Date March 23, 2010
2) Acquisition of units May, 2010
2) Initiation of Marketing and Outreach April, 2010
3) Initiation of Eligibility Determinations April- May 2010
5) Rehabilitation begins May 2010
6) All Homes leased June 2010
6) 100% of Funds Expended July 2010
7) Program Completion March 1, 2011
Page 3 of 4
Activity-CHDO Operating Total Budget
Administration $40,066
Operating $12,000
Insurance $1,200
Audit $5,000
Salaries $18,866
Training $3,000
$40,066
Acquisition/Rehab/Lease
Acquisition of 2 units $140,000 $140,000
Soft Costs $10,000
Appraisal $700
Inspection,Permits and Fees $1,300
Closing Costs $8,000
Rehabilitation (2 units) $100,000
Construction Hard Costs $86,000
Dev Fee/Construction Management $14,000
Totals: $250,000 $290,066
Page 4 of 4
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Legacy
Community Development Corporation in the amount of $250,000 for the acquisition and
rehabilitation of properties for lease purchase to eligible low-to-moderate income families,
said contract to be funded from the 2008 and 2009 HOME Programs.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April,
2010.
- Mayor Becky Ames -
5
April 13,2010
Consider approving a HOME Program contract for operating expenses
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council consider approving a contract in the amount of
$40,066 with Legacy Community Development Corporation
for operating expenses.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds
from the U. S. Department of Housing and Urban Development (HUD) and has previously
awarded contracts for acquisition or construction of housing to be sold to eligible low/moderate
income families under lease purchase agreements. Federal regulations require that a minimum of
fifteen percent(15%) of the City's total HOME fund allocation be contracted to Community
Housing Development Organizations(CHDO's)for eligible CHDO activities.
Legacy Community Development Corporation(Legacy CDC), a certified CHDO, is seeking to
stabilize neighborhoods, particularly in the north end, by providing home ownership opportunities
for low to moderate income families. This funding will enable Legacy to fund operating expenses.
Their initial project will be to identify two(2) properties currently on the market and submit them
for the review process, which includes satisfying the program's lot specifications, environmental
review, and code compliance. Eligible properties will be acquired and rehabilitated, and a lease-
purchase extended to eligible low-to-moderate income families for a period not to exceed 36
months. Any and all income received by Legacy for leased properties must be used toward the
organization's affordable housing activities. Funds will also be used for Homebuyer Counseling,
Neighborhood Outreach and the redevelopment of Census Tracts 6, 7, and 8 as part of the
Housing Authority's HOPE VI Program. Housing Division staff will be responsible for
monitoring Legacy for HOME Program compliance.
BUDGETARY E"ACT
Funding is available form the 2008 and 2009 HOME Program.
Legacy Community Development Corp.
Building Families...Leaving a Legacy
Vivian L.Ballou
Executive Director
P.O.Box 194
PortArthur,Texas 77641
972-897-6630
legacycdc@yahoo.com
City of Beaumont
Community Development/
Housing Services
P.O. Box 194
Beaumont, Texas 77704
Dear Mr. Boone;
Please accept the attached proposal from Legacy CDC to serve as the city's CHDO.
Legacy CDC proposes to purchase two homes(preferably foreclosures),renovate them
and lease them to qualified applicants. At the end of the lease,the tenants will have the
opportunity to purchase the homes and become first time homebuyers.
Our organization sees this project as an extension of the city's efforts to stabilize
deteriorating neighborhoods. The goal of the project is two-fold:to create
homeownership opportunities for deserving families and to return abandoned/vacant
structures back to the tax rolls.
Legacy is requesting.HOME funds in the amount of$290,066($40,066 in CHDO
operating and$250,000 in CHDO Reserve funds)to carry out this activity.
If you have any questions,please feel free to contact me at 409-365-9850.
R p ctfully submitted,
V an L. allou
Executive Director
£y
Sv;
.`,..X.,.. . .
-_- -- _---__- MEN.
Activity-CHDO Operating Total Budget
Administration 40,066
Rent/Equipment 12,000
Insurance 1,200
Audit 5,000
Salaries 18,866
Training 3,000
40,066
HOME • CHDO Application
Application
PROGRAM COVER SHEET
® Original ❑ Copy
Part 1 --General Information
Organization Name: Legacy Community Development Corporation
Tax ID Number: 20-8023787
Project Name: City of Beaumont
Contact Person: Vivian L. Ballou
Mailing Address: PO Box 5546
City, State, Zip Code: Port Arthur, Texas
Phone: 972-897-6630
Fax:
Email: viballou(aD-yahoo.com
Program -.
Acquisition/Rehab Lease/Purchase Project
CHDO Set-aside
Activities
2009 CHDO $40,066
Operating
2009 CHDO
Reserve
Acquisition of 2 2 $140,000
units
Soft/Closing $10,000
Costs
Rehab Costs $100,000
Total Request $290,066
Page 1 of 4
Project Description
Funds will be utilized to acquire, rehabilitate and sale up to 2 exisiting units (foreclosures, if possible).
CHDO operating funds will be used to establish an office and offset staffing costs. CHDO proceeds will
be revolved and retained to expand future development of affordable housing.
Legacy's focus will be on the City of Beaumont, particularly Census Tracts 6,7,and 9. See attached.
Part 4- Project Development
Upon receipt of notice to proceed, the organization will commence site control, pre-
development, closing, site development, pre-constrsuction, and construction activities. The
organization anticipates having site control within forty-five days of notice to proceed. Project
development generally proceeds as follows:
• Earnest money contract
• Inspection
• Appraisal
• Environmental review
• Closing
• Building permits
• Rehabilitation or reconstruction
This project will not temporarily or permanently displace residents or businesses.
The homes will feature quality amenities such as 30 year composition shingles, Low E
windows, Energy star appliances, finished garages, electric/gas utility connections, tile
flooring, carpet, fireplaces, ceiling fans, mini-blinds, landscaping, and more.
Page 2 of 4
A. Implementation Schedule
Milestone Projected Date
1) Contract Start Date March 23, 2010
2) Acquisition of units May, 2010
2) Initiation of Marketing and Outreach April, 2010
3) Initiation of Eligibility Determinations April- May 2010
5) Rehabilitation begins May 2010
6) All Homes leased June 2010
6) 100% of Funds Expended July 2010
7) Program Completion March 1, 2011
Page 3 of 4
Activity-CHDO Operating Total Budget
Administration $40,066
Operating $12,000
Insurance $1,200
Audit $5,000
Salaries $18,866
Training $3,000
$40,066
Acquisition/Rehab/Lease
Acquisition of 2 units $140,000 $140,000
Soft Costs $10,000
Appraisal $700
Inspection,Permits and Fees $1,300
Closing Costs $8,000
Rehabilitation (2 units) $100,000
Construction Hard Costs $86,000
Dev Fee/Construction Management $14,000
Totals: $250,000 $290,066
Page 4 of 4
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute a contract in the
amount of $40,066 with Legacy Community Development Corporation for operating
expenses, said contract to be funded from the 2008 and 2009 HOME Programs.
PASSED BY THE CITY COUNCIL ofthe City of Beaumont this the 13th day of April,
2010.
- Mayor Becky Ames -
6
April 13,2010
Consider approving the rate refund of Entergy Texas, Inc. contained in the Statement of Intent to
Adopt a New Rate filed with the City on March 25, 2010
RICH WITH OPPORTUNITY
I'Lo . �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorne
MEETING DATE: April 13, 2010
REQUESTED ACTION: Consider an ordinance approving the rate refund of Entergy
Texas, Inc., contained in the Statement of Intent to Adopt a
New Rate filed with the City on March 25, 2010.
RECOMMENDATION
Administration recommends approval of an ordinance approving the rate refund of Entergy
Texas, Inc., contained in the Statement of Intent to Adopt a New Rate filed with the City on
March 25, 2010.
BACKGROUND
On March 25, 2010, Entergy Texas, Inc., filed a Statement of Intent to Adopt a New Rate to
implement a new Rough Production Cost Equalization refund. This new rate would mean a
credit to Texas retail customers in an estimated amount of$117.5 million with interest over a
four (4) month period beginning May, 2010. These refunds result from a redistribution of
production costs by the Federal Energy Regulatory Commission. An average residential
customer using 1000 kWh could expect a refund of$28.46 in May, $21.44 in June, $15.56 in
July and $16.07 on his/her August bill.
In order for the refund to be implemented in May pursuant to the agreement of the cities, a rate
refund ordinance must be passed in April.
ORDINANCE NO.
ORDINANCE BY THE CITY OF BEAUMONT, TEXAS
("CITY") APPROVING THE RATE REFUND OF
ENTERGY TEXAS INC. CONTAINED IN THE
STATEMENT OF INTENT FILED ON MARCH 25, 2010;
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 25, 2010, Entergy Texas, Inc. ("ETI") filed a
Statement of Intent to Adopt New Rate to implement a new Rough Production Cost
Equalization ("RPCEA") refund ("Application") with the City to refund to customers
rough production equalization receipts for ETI's Texas service territory;
WHEREAS, the RPCEA rates are anticipated to refund $28.46 in May, $21.44 in
June, $15.56 in July, and $16.07 in August for average residential customers using 1000
kWh per month of electricity;
WHEREAS, the rough production cost equalization receipts were received by ETI
in 2009 pursuant to an order of the Federal Energy Regulatory Commission ("FERC").
The FERC determined that the Entergy System Agreement no longer operated to
maintain the production costs of the various Entergy operating companies within a
reasonable level of parity. As a remedy, FERC implemented a Rough Production Cost
Equalization system as part of the Entergy System Agreement. The remedy requires
payments among the Entergy Operating Companies whenever an operating company's
production costs are greater or less than a percentage of the system average production
costs. For 2008, Entergy Arkansas, Inc.'s ("EAI") production costs were substantially
below system average production costs. FERC ordered EAI to make payments to the
other operating companies in order to roughly equalize the production cost disparity;
WHEREAS, ETI calculates the rough production cost equalization receipts from
EAI currently due to Texas retail customers to be $117.5 million, with interest, and such
amount is subject to future adjustment;
WHEREAS, the RPCEA is designed to refund the amounts calculated by ETI to
be currently due in a timely manner over the summer of 2010;
WHEREAS, the law firm and consultant hired by City have reviewed the
Application, find it to be sufficient, and recommend the Application's approval; and
1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, THAT:
Section 1. That the statement and findings set out in the preamble to this
Ordinance are hereby in all things approved and adopted.
Section 2. The City of Beaumont hereby approves the refund rates established
in ETI's Application.
Section 3. In accordance with Section 36.103(b) of the Texas Public Utility
Regulatory Act ("PURA"), the City waives the publication of notice requirement set forth
in Section 36.103(a) of PURA.
Section 4. The meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
Section 5. This Ordinance shall become effective from and after its passage.
PASSED AND APPROVED this 13th day of April, 2010.
Mayor Becky Ames
ATTEST:
City Clerk
2
PUBLIC HEARING
* Receive comments on the
Public Service and Public
Facilities and Improvements
line items of the Consolidated
Grant Program' s 2010
Annual Action Plan
�I
RICH WITH OPPORTUNITY
i
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
6s)?
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 13, 2010
REQUESTED ACTION: Council conduct a Public Hearing to receive comments on
the Public Service and Public Facilities and Improvements
line items of the Consolidated Grant Program's 2010
Annual Action Plan.
RECOMMENDATION
Administration recommends that Council conducts a Public Hearing to receive comments on the
Public Service and Public Facilities and Improvements line items of the Consolidated Grant
Program's 2010 Annual Action Plan.
BACKGROUND
As mandated by the U. S. Department of Housing and Urban Development(HUD), City Council
has conducted public hearings and work sessions in previous years prior to adopting the City's
Preliminary 2010 Annual Action Plan of the Consolidated Grant Program. Community
Development Staff, along with other City of Beaumont staff and the Community Development
Advisory Committee(CDAC), hosted four(4)Public Hearings in order to receive public
comments on the process and activities related to the Preliminary 2010 Annual Action Plan.
This Public Hearing allows for citizen comments on the Public Service and Public Facilities and
Improvements line items of the Consolidated Grant Program's 2010 Annual Action Plan.
Attached is a copy of the Preliminary Budget. Prior to its submission to HUD for approval, City
Council will consider adopting the final Draft of the 2010 Action Plan on or about April 20, 2010.
BUDGETARY IMPACT
The 2010 Preliminary budget totaling$2,922,928 is comprised of Community Development
Block Grant(CDBG)Funds of$1,964,291 and HOME Investment Partnership funds in the
amount of$808,637, with an estimated Program Income of$150,000.
2010 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS
Public Services/Public Facilities&Improvements/Emergency Shelter Set-Aside
AMOUNT COAC ADMINISTRATION CRY COUNCIL
ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS
PUBLIC SERVICES
1. Beaumont Housing Autiartty $20,000.00 $0.00
2. BHW&CwW Community Emporennant Center $10,000.00 $0.00
3. CASH of BE Texas $11,524.00 $0.00
4. Cot olc Chanties of Soulmesst Texas $20,000.00 50.00
5. Chid Abuse and Forensic SwAces $20,000.00 $10.637.00
6. Clrlstian Women's Job Corps. $20,000,00 $0.00
7. Common Ground Perfomirg Arts Ensemble 510,000.00 $0.00
8. Frarils Educational School $15,000.00 $0.00
9. Get on the Burs for Chat $20,000.00 90.00
10. Inspire,Enco rape,Achieve(IEA) 58,100.00 $4.316.00
11. Jehovah Jlrsh Village-Community Development Corp. $15,000.00 50.00
12. Jule Rogers Gift of Life Program $8,000.00 $4.264.00
13. Nuhilon and Services for Seniors $16,500.00 $5,792.00
14. One Church one Chid of soWmeast Texas $20,000.00 $0.00
15. Repo and Suicide Crlslt Center $7,000.00 90.00
16. Rebuilding Lies,Inc. $20,000.00 90.00
17. REFUGE Outreach Mihistntes,Inc. s19,6m.00 $0.00
18. Sabine Oalw Home $4.370.00 50.00
19. Selvelon Army Boys&n irle Club $20,000.00 510. 7.00
20. Shodwy Center $20,000.00 50.00
21. S.O.C.-Save Our Children $20,000.00 $0.00
22. Society of St Vincent de Paul(Rise Program) $20.000.00 50.00
23. SlolleW $19,950.00 >�00
24. Bu W t Mlsslawy Baptist Church $10,000.00 50.00
25. SM Family Resource Center $20.000.00 50.00
26. SETX Family Resaace Cehler $20,000.00 $20.000.00
Total Public Ssrvloss $414,514,00 $5S1sw00 $0.00 $0.00
PUBLIC FACILITIESA.ND IMPROVEMENTS
27. Aneyat House $6,375.00 $0.00
28. Bsmrront CNMMft Museum $20,000.00 $0.00
29. CASA of BE Texas $20,000.00 $0.00
30. OW Workforce Academy $20,000.00 $10.657.00
31. HoW Beaumont 520,000.00 520.000.00
32. Life Trasinp InsMule dsa Raphs Support SeMcea $9,000.00 $0.00
33. OMOM Church-Society of St Vlcent de Paul 520.000.00 $0.00
34. OMOM Church and school $20.000.00 $10.657.00
35. SETX Electrical Apprenticeship Academy $20,000.00 90.00
Total Public Facllltiss and Improvements $166,17$.00 $41,314.00 $1100 90.00
TOTAL PUBLIC SERVICESIPUBLIC FACILITIES&
IMPROVEMENTS
$571,115.00 $100,000.00 $0.00 $0.00
PUR CSERVICES!EMERGENCYSHELTERS_ET4=EE1
36. Family Services of Southeast Texas $25,000.00 $20.000.00
37. RAP-Ready,Able,Persistent $20,000.00 $20.000.00
38. Salvation Army Social Services $34,000.00 $22.600.00
39. Henrys PlacelSorne Oltrer Place $32,030.00 $22.500.00
TOTAL EMERGENCY SHELTER SET4kSIDE $111,030.00 $55,000.00 $0.00 $0.00
TOTAL AeINT REQUESTED FOR ALL FUNDe1G 5852.149.00 $185,000.00 $0.00 $0.00
The Burlington Northern & Santa Fe Railway Company
TO ENO OF TRACK TO BEAUMONT TX
I E EASTWARD APPR.1027'
20 MPH 120'MIN. WESTWARD APPR.1021
20 MPH
50'MIN. 24
BAYOU WILLOW PARKWAY
DOT 023 805 K
INSTALL: GATES & FLASHERS
CONTROL DEVICES: CONSTANT WARNING
++.. �\
- OUT
SALVAGE: NONE
INSTRUMENT HOUSE EXHIBIT A-RR Signal Sketch
BELL BNSF RAIL WA Y CO.
BEAUMONT, TX.
METER
BAYOU WILLOW PARKWAY>>
• CROSSING CONTROLL CONNECTIONS Warning deice placement: LS: 7505
BIDIRECTIONAL CROSSING CONTROL Clearance to C.L. Track = Min. 12' M.P. 71.30
Edge of Road to C.L.Foundation: DOT " 023 805 K
D UNIDIRECTIONAL CROSSING CONTROL Min.4'3'with curb. DIVISION GULF
Min.8'3' without curb, SUBDIVISION SILSBEE
Max.12'
A COUPLER OR TERMINATION House Clearance: 25'Min. to Near Rail KANSAS CITY
30'Min. to Edge of Road NO SCALE
ALL LIGHTS TO BE LED DATE: 06/26/09
l GUARD RAIL FILE: 7505071_30.dgn
DDF/DDF
7505071_30.dgn 6/30/2009 8:12:36 AM
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
• 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as
"Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter
referred to as "Railway Property", during the construction of Bayou Willow Parkway(DOT No.023805K)at
railroad milepost 71.30 in Beaumont,Texas.
• 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1"
Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in Rill force and
effect the insurance called for under Section 3 of said Exhibit"C-1". Questions regarding procurement of the
Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh,USA, 214-303-8519.
• 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
• 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause
the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create
a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction
work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors)
performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii)
Contractor(or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which
is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the
insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or(iv)Contractor
fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue
until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction
of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In
the event of a breach of(i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement,
Railway may immediately terminate the Temporary Construction License or the Easement. Any such work
stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop
the work is in addition to any other rights Railway may have including,but not limited to, actions or suits for
damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway
agrees to immediately notify the following individual in writing:
Claudine Starita
Parsons Project Manager
3395 Harrison Ave
Beaumont,Texas 77706
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to environmental laws and regulations(including
but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil
Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and
regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all
fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway
which arise out of Contractor's work under this Agreement.
• 1.01.06 The Contractor must notify the Beaumont ISD at (409) 617-5781 and Railway's Manager Public
Projects, telephone number 817-352-2902 at least thirty (30) calendar days before commencing any work on
Railway Property. Contractors notification to Railway, must refer to Railroad's file 023805K.
Bayou Willow Parkway—Exhibit C(10/06/09) 1