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HomeMy WebLinkAboutPACKET OCT 18 2011 flan IT= Orr WNIT[ BEA ,T 0 S 0 a + A * B REGULAR MEETING OF THE CITY COUNCIL, COUNCIL CHAMBERS OCTOBER 18,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—October 4,2011 * Confirmation of committee appointments Sina Nejad would be appointed as Chairman of the Planning and Zoning Commission. The term would commence October 18, 2011 and expire October 17,2012. (Mayor Becky Ames) Marty Craig would be appointed as Vice-Chairman of the Planning and Zoning Commission. The term would commence October 18,2011 and expire October 17,2012. (Mayor Becky Ames) Sma Nejad would be reappointed to the Planning and Zoning Commission. The current term would expire September 19,2014. (Councilmember Mike Getz) Lee Smith would be reappointed to the Community Development Advisory Committee. The current term would expire October 1,2013. (Mayor Pro Tem Jamie D. Smith) A. Authorize the purchase of trash containers B. Authorize the City Manager to execute all documents necessary to accept the project titled"Step Single Year 2012 Wave Comprehensive" C. Authorize the execution of two Encroachment Agreements with Sunoco Pipeline L.P. D. Approve a payment of dues to the South East Texas Regional Planning Commission E. Authorize the City Manager to enter into an agreement with the Texas Forest Service for participation in the Regional Incident Management Team program for individuals approved to participate RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: ARRgintment Commission Beginning Expiration of Tenn of Term Sina Nejad, Chairman Planning and Zoning Commission 10/18/11 10/17/12 Marty Craig,Vice-Chairman Planning and Zoning Commission 10/18/11 10/17/12 THAT the following reappointment be made: Reawuointrnent Commission Byginnilig EX12iration of Term of Tenn Sina Nejad Planning and Zoning Commission 10/18/11 09/19/14 Lee Smith Community Development Advisory 10/18/11 10/01/13 Committee PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. - Mayor Becky Ames - RIGS WITH OPPOATIINITY A 'hm REAIIMGN* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Managers PREPARED BY: Laura Clark, Chief Financial Officerv� MEETING DATE: October 18, 2011 REQUESTED ACTION: Council consider authorizing the purchase of trash containers. RECOMMENDATION The Administration recommends the purchase of 2,000 trash containers from Toter, Inc., of Statesville,North Carolina in the total amount of$93,460.00. BACKGROUND The Texas Smart Buy Term Contracts program satisfies the requirements for competitive bidding under the Texas Local Government Code. Under Texas Smart Buy Contract 450-A2,the City can purchase the new trash containers directly from the manufacturer. The Solid Waste Division replaces lost or damaged containers in addition to distributing trash containers to new customers. This purchase replenishes the stock available for distribution. The Toter brand container is required to maintain continuity with existing containers and compatibility with City collection trucks. BUDGETARY IMPACT Funds for this purchase are available in the Solid Waste Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of 2,000 garbage containers at a cost of$46.73 each for a total expenditure of$93,460.00 from Toter, Inc., of Statesville, North Carolina, through the Texas Smart Buy Program of the Texas Comptroller's Office. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUMUflun* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 18, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to accept the project titled"Step Single Year 2012 Wave Comprehensive". RECOMMENDATION Administration recommends Council approval. BACKGROUND In January, 1999,the City Council passed a resolution authorizing the City to apply for matching funds for a traffic safety "Safe and Sober S. T. E. P." grant project. The Police Department has successfully applied for and the City Council approved several traffic safety grants since that one. This grant application will provide funding for a"Step Single"grant program which occurs between October 1,2011 and September 30, 2012 and would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury. The grant would be in an amount not to exceed$17,552.00 from the Texas Department of Transportation with a city "match" of $18,823.44 as our portion of the costs for the project which includes Thanksgiving 2011 holiday,Valentine's Day 2012 holiday,Memorial Day 2012 holiday,and Labor Day 2012 holiday. BUDGETARYIMPACT City would receive grant funding in an amount not to exceed $17,552.00 with a required city match of$18,823.44, met through wages and benefits incurred on the holidays in the project. Texas Traffic safety aran#s Fiscal Year 2012 Organization Name: City of Beaumont Police Department Legal Name: City of Beaumont Payee ldentiftication Number: 17460002789023 Project Title: STEP- Single Year - 2012 WAVE Comprehensive ID: 2012-Beaumont-S-1 YG-0035 Period: 10/01/2011 to 09/30/2012 City of Beaumont STEP- Single Year - 2012 WAVE Comprehensive Program Element Selection YEAR LONG DWI DWI: Driving While Intoxicated Speed Speed: Speed Enforcement OP OP: Occupant Protection (Safety Belt and Child Safety Seat) ITC ITC: Intersection Traffic Control WAVE Jurisdiction wide (DWI enforcement effort must be focused at DWI locations where there is an over-representation of alcohol-related crashes and/or DWI arrests) Jurisdiction wide (Speed enforcement should be focused on areas X Speed where there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes) X OP Jurisdiction wide CMV Speed, OP and CMV: Commercial Motor Vehicle; HMV: Hazardous Moving Violations HMV 2012-Beaumont-S-1YG-0036 Printed On: 10/4/2011 City of Beaumont STEP- Single Year -2012 WAVE Comprehensive Project Title STEP- Single Year- 2012 WAVE Comprehensive How many years has your organization received funding for this project? This will be our fifth or more year. 2012-BesumoM-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year- 2012 WAVE Comprehensive X The following person has authorized the submittal of this proposal. Name Frank Coffin, Jr. Title Chief of Police Address 255 College P.O. Box 3827 City Beaumont State Texas Zip Code 77704 Phone Number 409-880-3801 (xxx-xxx-xxxx) Fax Number 409-880-3844 (xxx-xxx-xxxx) E-mail address fcoffin @ci.beaumont.tx.us 2012-Beaumont-S-VG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year - 2012 WAVE Comprehensive Select a County: Jefferson County - Beaumont District 2012-Seaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP-Single Year- 2012 WAVE Comprehensive Select a Political District Served (View a mao): U.S. Congress* Congressional District 2 Texas Senate* Texas Senate District 4 Texas House* Texas House of Representatives District 21 Texas House of Representatives District 22 2012-Beaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year- 2012 WAVE Comprehensive Wave Period Selection Time Labor Day Period Memorial Day Period Halloween Period Thanksgiving Tha;ksgiving Holiday Peri Christmas/ New Year's Holiday Perio IX Valentine's Day Peri Spring Break Pence independence Day Perms Local Holiday/Special Even Nance the Local Holiday/Special Event: Enter Local Holiday/Special Event Date Range: to 2012-Beaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year -2012 WAVE Comprehensive Goals and Strategies Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety-related laws. Increase public education and information campaigns. Goal: To reduce the number of DWI-related crashes, injuries, and fatalities Strategy: Increase enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. 1 x 1 agree to the above goals and strategies. 2012-Beaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP-Single Year-2012 WAVE Comprehensive Baseline Information belt Percentage of safety Baseline Number Month/Year of Survey usage 74.2 % 12/2010 Attach Safety Belt survey data https://www.dot-state.tx.us/apps/egrants/—Upload/267372- FiIe0040.PDF 2092-Beaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year-2012 WAVE Comprehensive Law Enforcement Objective/Performance Measure Select a wave period: Labor Day Period Objective/Performance Measure Target Number 1. Number and type citations/arrests to be issued under STEP a. Increase speed citations by 320 b. Increase safety belt citations by 100 c. Increase child safety seat citations by 20 2. increase the speed compliance a. Increase speed compliance rate to 50% 3. Increase safety belt usage a. Increase the safety belt usage rate among drivers and front seat 83% passengers to Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting 2012-Beaumont-3-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year- 2012 WAVE Comprehensive Law Enforcement Objective/Performance Measure Select a wave period: Memorial Day Period Objective/Performance Measure Target Number 1. Number and type citatiionslarrests to be issued under STEP a. Increase speed citations by 220 b. Increase safety belt citations by 120 c. Increase child safety seat citations by 25 2. Increase the speed compliance a. Increase speed compliance rate to 48% 3. Increase safety belt usage a. Increase the safety belt usage rate among drivers and front seat 80% passengers to Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specked or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting 2012-13eaumont-S-WG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year- 2012 WAVE Comprehensive Law Enforcement Objective/Performance Measure Select a wave period: Thanksgiving Holiday Period Objective/Performance Measure Target Number I. Number and type citations/arrests to be issued under STEP a. Increase speed citations by 125 b. Increase safety belt citations by 70 c. Increase child safety seat citations by 20 2. Increase the speed compliance a. Increase speed compliance rate to 45% 3. Increase safety belt usage a. Increase the safety belt usage rate among drivers and front seat passengers to 80% Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specked or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting 2012-Beaumont-SAYG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year - 2012 WAVE Comprehensive Law Enforcement Objective/Performance Measure Select a wave period: Valentine's Day Period Objective/Performance Measure Target I. Number and type citations/arrests to be issued under STEP Number a. Increase speed citations by 75 b. Increase safety belt citations by 100 c. Increase child safety seat citations by 50 2. increase the speed compliance a. Increase speed compliance rate to 47% I Increase safety belt usage a. Increase the safety belt usage rate among drivers and front seat passengers to 78% Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting 2012-Beaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year- 2012 WAVE Comprehensive Law Enforcement Summary ObOctive/Performance Measure Target Number 1. Number and type citations/arrests to be issued under STEP a. Increase Speed citations by 740 b. Increase Safety Belt citations by 390 c. Increase Child Safety Seat citations by 115 Number of Enforcement Hours 470 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting WMMMMMWWA 2012-Bearumont-S-iYG-0035 Panted On: 10/4/2011 City of Beaumont STEP-Sin le Year -2012 WAVE Com rehenaive PI&E Objective Performance/Measure 0036ct/Performance Measure Target Support Grant efforts with a public information and education Number (PI&E) program a. Conduct presentations b. Conduct media exposures (e.g. news conferences, news releases, 5 and interviews) 9 C. Conduct community events (e.g. health fairs, booths) d. Produce the following number of public information and education 3 materials e. Number of public information and education materials distributed 0 5500 2012-Beaumont-S-1 YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year-2012 WAVE Compenaive X Overtime Regular Time TAT MWaftch w Tyr MOM Hours 1400 Witch TOW F A. Enforcement Officers/Deputies: 260 190 $53.000 $13,780.00 $10,070.00 $23,8150-00116 Sergeants: 14 6 $59.000 $826.00 $354.00 $1,180.00 16 Lieutenants/Other: % B. PAE Activities PIKE Activities: 13 7 1$53.000 $689.00 $371.00 $1,060-00116 C. Administrative Duties Sergeant's Admin. 16 Duties $59.000 $944.00 $944-00)10 16 Admin. Assistant Duties 10 $19.300 $193.00 $193.00 16 Traffic Surveys 32 $53.000 $1,696.00 $1,696.00 116 % Total: 116,432.00 $12,4414.001 23. T °gib S Mkfth alaries: $4,812.44 $16,432.00 56.81% $12,491.00 43 Fringe Benefits: 0.00%° Breakdown of $4,812.44 10 Fringe Percentages: Details of regular time, if included in any of the above hours Social Security: 1.9% Retirement: 13.29% 2012-Beaumont-PYG-0035 Printed On: 10/4/2011 City of Beaumont STEP-Single Year- 2012 WAVE Comprehensive Workman's Comp.: 1.45% 20 12-Beaumont-S-1 YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year-2012 WAVE Comprehensive Non-Enforcement Travel Description Hotel Expenses Purpose/Details Send 2 city employees to become child safety seat technicians. This $100 rate per night includes taxes. 3 nights for training. Unit Price $100.000 Quantity 6 Total $600.00 Non-Enforcement Travel Mileage Document If you have additional documents, provide them on the "Attachments" Page Please enter allocation amount per items entered in the following fields. Click the Save button to calculate the percentages. IAmountlPercentages xDOT 600.00100.00%Match 0.00%600.00 2012-Beaumont-S-1 YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year - 2012 WAVE Comprehensive Non-Enforcement Travel Description Meals Purpose/Details Per diem for 2 city employees to attend child safety seat training. City per diem rate is approx. $45.00 per day per employee. Unit Price $45.000 Quantity 8 Total $360.00 Non-Enforcement Travel Mileage Document If you have additional documents, provide them on the "Attachments" page Please enter allocation amount per items entered in the following fields. Click the Save button to calculate the percentages. Amount Percentages xDOT $360.00100.00% Match 0.00% Lotal 1$360.00L 2012-Beaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year- 2012 WAVE Comprehensive Non-Enforcement Travel Description Other (Explain) Purpose/Details Registration fee for 2 city employees to attend child safety seat training Unit Price $80.000 Quantity 2 Total $160.00 Non-Enforcement Travel Mileage Document If you have additional documents, provide them on the "Attachments" page Please enter allocation amount per items entered in the following fields. Click the Save button to calculate the percentages. Amount Percentages TxDOT $160.00100.00% Match 0.00% Total 0160.001 i 2012-BeaumontS-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year -2012 WAVE Comprehensive STEP Enforcement Mileage Instructions: Unit# : Provide your agency's inventory number or other identifying number for each vehicle. To assist in calculating your agency's average enforcement mileage rate, we are requesting information from a sampling of five (5) patrol vehicles. The calculator will average the costs from all vehicles to arrive at the average operational cost per vehicle mile. If your agency does not have at least five patrol vehicles that are used for enforcement, include the requested information for the vehicles that you have. Original Vehicle Cost : Provide each vehicle's total cost. (The total cost could include vehicle base cost, equipmerit/accessories and preparation costs). Life Expectancy (in Years) : Provide the number of years that your agency expects the vehicle(s) will be used for enforcement activities. Many agencies have policies stating vehicles will be used for a specific time period (years) and some agencies determine mileage as the basis for vehicle retirement from enforcement. If mileage is used, determine the average number of years it takes for agency's vehicles to reach their mileage limit. Maintenance Costs : Provide historical maintenance costs for the latest 12 month period available for each vehicle. Maintenance costs can also include annual liability insurance costs. Fuel Costs : Provide historical fuel costs for the latest 12 month period available for each vehicle. Yearly Miles: Provide the yearly enforcement miles for each vehicle. Use each vehicle's mileage logs or other available information to document the average number of enforcement miles driven annually or simply divide the mileage by the number of years the vehicle has been in use for enforcement j activities. Original Life Unit Vehicle Expectancy Maintenance Fuel Yearly OP # Cost (In Years) Costs Costs Miles Cost/Mile Vehicle 1379 $50,576.00 2 $4,600.00 $5,000.00 50000 $0.76 2012-Beaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year -2012 WAVE Comprehensive 1 Vehicle 1370 $50,576.00 2 $4,600.00 $8,000.00 50000 $0.76 2 Vehicle 1382 $50,576.00 2 $4,600.00 $8,000.00 50000 $0.76 3 Vehicle 4 $0 Vehicle 5 $0 Average Operational Cost of the Vehicle Per$0.76 ner Number of Miles Proposed 2000 TOTAL $1,520.00 Amount Percentages xDOT 0.00% Match $1,520.00100.00% Votal 1$1,520.00 2012-Sesumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year- 2012 WAVE Comprehensive Budget Summary CSWWY I-Labor Costs (100) Salaries: $16,432.00 $12,491.00 $28,923.00 .............. .................... ........... ............... 2 Fringe Seneft: $4,812.44 34,812.441 Sub-Yotal: $16,432.00 I $17,303.44 $33,735.44 ..................................................... N-Otlw Direct Coots, (300) Travel: $1,12,0.00 ------,-,",$1,520.00 $2,M.00 ' (400) Equipment: $ol 1500i .[-Supplies-:- (600 Contractual $0 Services: (700) Other Miscellaneous: $0 $1,120.00 $1,52D.00 $2,640.00 FT -------------- F ................ Catellicry 10-"rod costs 3 $01 (800) Indirect Cost Rate: ---- --------- ------ ToW Labor Costs: $16,432.00 1 $17,303.44 $33,735.44 Total Direct Costs: $1,120.00 , $1,520.00 $2,640.00 ................. ........................... .......... .......... TO kw*ed Costs: $01 TAW( $16;823.44 $36,375.44 Fund Sources 48.25% 51.75% (Percent Share): Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants. 2012-Beaumont-S-lYG-0035 Printed On: 10/4/2011 City of Beaumont STEP-Single Year- 2012 WAVE Comprehensive All proposals must include a CAP, demonstrating how the project will have an increasing share of costs by the proposing organization and how the project will be funded after TxDOT funding ends. Insert the appropriate federal fiscal year, starting with the first year of grant funding and for each year during the anticipated term of the project. Include an actual dollar amount of planned expenditures by fund source (TxDOT, Other/State/Local, Other Contributions). For project year(s) already completed, include actual expenditures, if available. Other Contributions: The purpose of this section is for the subgrantee to show support and commitment to the success of the project that is not otherwise recorded in the Approved Project Budget. Items not in the Approved Project Budget cannot be claimed as matching funds. If there are routine project-related costs being bome by the subgrantee, but which are not listed as match in the Approved Project Budget, space is provided so that such contributions can be recorded. These contributions could include items such as: part- or full-time employees working on the project, but not paid with project funds;volunteer services; travel performed that is project related, but not reimbursable under the grant; vehicles used in support of the project, but mileage is paid by the subgrantee and not claimed under the grant; fringe; etc. Federal Prowam N5 nd Fiscal TxDOT Match Income Conutions Year 1. 2008 $20,000.00 67.21% $9,757.16 32.79% $0 0.00% $0 0.00% 2. 2009 $19,558.60 70.13% $8,331.88 29.87% $0 0.00% $0 0.00% 3. 2010 $20,755.70 70.35% $8,749.47 29.65% $0 0.00% $0 0.00% 4. 2011 $19,984.09 64.87% $10,823.55 35.13% $0 0.00% $0 0.00% 5. 2012 $16,432.00 48.71% $17,303.00 51.29% $0 0.00% $0 % * Percent of total Grant Budget Other/StsWI ocal (Match): Briefly explain in a narrative the Subgrantee's Intention to assume an increasing share of project costs. The narrative should include an explanation of what sources) the Subgrantee will use to provide the matching funds (cash, indirect, in-kind, etc.). 0.00 Each year that the City of Beaumont has participated in the TxDot funding for the STEP wave grant, we have assumed an increasingly larger share of the total project costs. If our 2012 grant application is approved for funding, 2012-Beaumont-SAYG-0035 Printed On: 1 0/4/2011 City of Beaumont STEP-Single Year -2012 WAVE Comprehensive the City of Beaumont will be assuming 51.29 % of the program costs. In 2013 and subsequent years, we will be assuming at least fifty per cent of the program costs. Our future funding will come from the Beaumont Police Department's funds. All reimbursement from TxDot will return to the City of Beaumont's General Fund. All contributions from the City of Beaumont will be in cash, plus we are furnishing the equipment necessary for grant enforcement activities, such as patrol cars, radar equipment, and electronic ticket writers/citation books, etc. In addition to the above equipment, the City of Beaumont has purchased three speed trailers, at a combined cost of approximately $49,000. These speed trailers are equipped with built in radar guns that display the speed of moving vehicles, so that motorists can visually realize their speed without an officer stopping them for the violation. We feel that these devices serve as a valuable education tool to alert the public of speed violations. In 2008 the City of Beaumont had 36 traffic fatalities. In 2009 we only had twenty eight fatalities. In 2010, 13. We feel that this decrease can be attributed at least in part to the STEP program, which concentrates on speed and occupant protection. We are grateful that TxDot has partnered with the Beaumont Police Department over the years in saving lives and reducing injuries. If project will run beyond year 5, indicate years, amounts, and percentages below (years beyond 5 require a minimum match of 50%) If the City of Beaumont remains eligible for grant participation beyond year five, we will contribute at least fifty percent, as per TxDot regulations. It is very difficult to project years into the future as to the exact grant participation percentages due to the state of flux of the national, state, and local economies. All grant participation is subject to approval by both TxDot and the City of Beaumont.However, we remain eager to continue our alliance with TxDot to improve traffic safety. Indicate when all project costs will be assumed 2014 2012-8eaumont-S-1YG-0035 Printed On: 10/4/2011 City of Beaumont STEP- Single Year- 2012 WAVE Comprehensive City of Beaumont STEP-S M409 Year-2012 WAVE Comprehomive 2012-Beaumont-S-1YG-0035 Printed On: 10/4/2011 2012-Beaumont-S-1YG-0035 Printed On: 10/4/2011 RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS,traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement funding in an amount not to exceed Seventeen Thousand Five Hundred Fifty-Two and 00/100 Dollars ($17,552.00) pursuant to the project titled "Step Single Year 2012 Wave Comprehensive"for occupant protection enforcement, education of the public and speeding enforcement; and, WHEREAS, the City of Beaumont has agreed to contribute Eighteen Thousand Eight Hundred Twenty-Three and 44/100 Dollars ($18,823.44) as its portion of the costs for the project titled "Step Single Year 2012 Wave Comprehensive" which are for the holidays Thanksgiving 2011, Valentine's Day 2012, Memorial Day 2012, and Labor Day 2012. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the City Manager of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to accept the project "Step Single Year 2012 Wave Comprehensive"and take such action as necessary to implement the project which occurs between October 1, 2011 and September 30, 2012. BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in an amount not to exceed Seventeen Thousand Five Hundred Fifty-Two and 00/100 Dollars ($17,552.00) and take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the"Step Single Year 2012 Wave Comprehensive" project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. - Mayor Becky Ames - o , C RICH WITH OPPORTUNITY BEA:UMU'N* T , Z , z 0 A , S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 'Q' PREPARED BY: Patrick Do ,Public Works Director MEETING DATE: October 18,2011 REQUESTED ACTION: Council consider a resolution authorizing the execution of two (2)Encroachment Agreements with Sunoco Pipeline L.P. RECOMMENDATION Administration recommends authorization to execute Encroachment Agreements with Sunoco Pipeline L.P. to allow the City of Beaumont to construct a water line that will cross two(2) Sunoco Pipeline L.P. pipeline easements. BACKGROUND Sunoco Pipeline L.P. requires the Encroachment Agreements with the City of Beaumont to provide for the construction of a water line that will cross a portion of the Sunoco's pipeline easement identified as 5-116-MPL-105 and a second crossing of a portion of Sunoco's pipeline easement identified as 5-225-MPL-108. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, Sunoco Pipeline L.P. approved Encroachment Agreements with the City of Beaumont to provide for the installation of a waterline that will cross a portion of two (2) Sunoco Pipeline L.P. pipeline easements; and, WHEREAS, the City of Beaumont wishes to enter into two (2) Encroachment Agreements with Sunoco Pipeline L.P. to allow the City to install and maintain a water line within a portion of two (2) Sunoco Pipeline L.P. pipeline easements identified as S-116- MPL-105 AND S-225-MPL-108; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to enter into two (2) Encroachment Agreements with Sunoco Pipeline L.P. to allow the City to install and maintain a water line within a portion of two(2) Sunoco Pipeline L.P. pipeline easements. The Encroachment Agreements are substantially in the form attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. - Mayor Becky Ames - ENCROACHMENT AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AGREEMENT, made as of the day of , 2011, by and between CITY OF BEAUMONT, TEXAS, a body politic and corporate and a political subdivision of the State of Texas, with its principal place of business at 1350 Langham Road, Beaumont, Texas 77707, (hereinafter called the "City"), and SUNOCO PIPELINE L.P., a Texas limited_partnership, its successors and assigns,whose mailing address is P.O. Box 5095, Sugar Land,TX 77487-9940(hereinafter called"Sunoco"). WITNESSETH THAT: WHEREAS, Sunoco has acquired an easement to construct, maintain, operate, repair, replace,alter,renew and remove a pipeline and appurtenances thereto,together with other rights in and across certain lands located in Jefferson County,Texas,by virtue of a Right of Way Grant dated November 18,2008,recorded under Document Number 2008039427 of the Deed Records of the County Clerk, Jefferson County, Texas (hereinafter called the "Easement') and also identified as S-116-MPL-105,reference to which is here made for all purposes;and WHEREAS, the City was granted a permit by the Texas Department of Transportation (hereinafter called "TXDOT") to construct a fourteen (14) inch HDPE water line and appurtenances(hereinafter called the"Improvements")within and along the right-of-way for Spur 380,also known as South M.L.King,Jr.Parkway,and WHEREAS,in connection with its interest in said lands,the City has requested Sunoco to consent to the existence,maintenance and encroachment of the Improvements;and WHEREAS, the Improvements and encroachment area are generally illustrated on Exhibit"A",attached hereto and incorporated herein; WHEREAS,in order to accommodate The City,Sunoco will not object to the existence, maintenance and encroachment of the Improvements over, upon and across the Easement upon terms and conditions as described above and as will more fully hereinafter appear. NOW, THEREFORE, in consideration of the premises and of the mutual advantages accruing or expected to accrue to the parties by virtue of this agreement,the parties,intending to be legally bound,agree that the Easement provides as follows: 1. The City, its agents and contractors shall give Sunoco not less than forty-eight (48) hours notice prior to any proposed construction, installation grading, excavation, maintenance or repair of any improvements over, under or near Sunoco's pipeline and the Easement. Contact Sunoco's Maintenance Supervisor,Foyce Winn at 409 749-3900(office)409 504-6910(cell)or his successor. Construction of the Improvements must be made in accordance to the construction plans dated June 25,2011 by Schaumburg&Polk.Inc(hereinafter called the "Plans")that have been submitted to Sunoco for review. Said plans show a nine(6)foot vertical clearance from the outside diameter of Sunoco's steel encased pipeline to the diameter of the Improvement. The Improvement cannot be installed closer to Sunoco's pipeline than shown on the proposed construction plans. The Improvements may be installed via dry bore provided that a Sunoco inspector is present at the time and also provided that Sunoco's pipeline will not be exposed during excavation. 2. Except as otherwise provided for herein, neither the City nor its agent or contractors shall build any structures on, construct man-made surfaces or place bodies of water upon,plant any trees or shrubs,excavate or locate any utilities within,change the grade of,or use the Easement, or any part thereof, in any way which will or may interfere with Sunoco's Encroachment Agreement,City of Beaumont -1- File No HSB-0018 EXHIBIT"A" immediate and/or unimpeded access to Sunoco's pipeline facilities located therein or otherwise interfere with Sunoco's lawful exercise of any of the rights herein granted or confirmed without first having obtained Sunoco's approval in writing. 3. The operation,maintenance and repair of the Improvements and appurtenances by the City shall be done in a manner and under such general conditions as will not interfere with the proper and safe use,operation and enjoyment of Sunoco's pipeline and Easement. 4. The City at all times shall be obligated to promptly maintain,repair and renew the Improvements and, upon notice in writing from Sunoco requiring it to do so, promptly shall perform maintenance or make any such repairs for the purpose of protecting and safe-guarding Sunoco's property, employees,patrons or licensees from damage or injury all at The City's sole cost and expense. 5. The maintenance and/or reconstruction of the Improvements is and shall be subject to the prior rights of Sunoco,and exercise of said rights by Sunoco is not and shall not be subject to limitations or prohibitions by virtue of said maintenance and/or reconstruction of any of the improvements and related facilities and appurtenances. 6. Sunoco, in the exercise of any of its rights, shall not be liable in any manner or respect whatsoever for any damages occasioned to any of the Improvements, and The City, its agents and contractors shall and do assume all risk and expense which may be involved in any repair,replacement and/or reconstruction of any improvements which may be required or desired by Sunoco,its agents and contractors. 7. All the terms and provisions of the Easement, except as modified by this Agreement,are hereby ratified and confirmed and shall remain in full force and effect. 8. The City represents and warrants that it is prohibited by Section 52 of the Texas Constitution, as interpreted by Texas appellate courts (See, for example, Brazoria County v. Perry, 537 S.W.2d 89 [Tex.Civ.App.- Hous. -I" Dist. 1976]) and the Texas Attorney-General (See, also, Op. Tex. Att'y Gen. No. DM-467 [1998]; and Tex. Att'y Gen. LO-90-107 [1993]) from giving an indemnity against loss, injury or damage resulting from activities of its contractors on the Project site. 9. The City further represents and warrants that it has purchased a Rolling Owner- Controlled Insurance Plan(ROCIP)through which all enrolled contractors and subcontractors on the Project site will be covered for certain minimum insurance coverages as shown on Exhibit B attached to this Encroachment Agreement. The City agrees to enroll all contractors and subcontractors performing work on the Improvements at the Project site in the ROCIP. The City agrees to maintain the ROCIP in force for all construction activities at the Project site. Prior to commencement of construction at or in proximity to the Sunoco Easement, The City agrees to furnish Sunoco a certificate of insurance that confirms that the ROCIP coverages are in force, and that Sunoco has been named as an additional insured on such ROCIP policies of insurance. 10. No equipment will be allowed to work over Sunoco's Pipeline(s),unless approved by Sunoco's representative. Excavators must work/dig parallel to SUNOCO'S Pipeline(s), and the buckets must have barred teeth. Any excavation within two feet (2) of SUNOCO'S Pipeline(s) will be done by hand. Bores and directional drills installed within ten feet (10') of SUNOCO'S Pipeline(s)and Facilities require physical verification of Pipeline location(s)prior to commencement of any work. All crossings of SUNOCO'S Pipeline(s) will be constructed as close to ninety (90) degrees as possible to SUNOCO'S Pipeline(s),but not less than forty-five (45) degrees. A minimum of four feet(4) of cover and a maximum of seven feet (7')of cover must be maintained over SUNOCO'S Pipeline(s). 11. Wherever the City will cross Sunoco's Pipeline and/or Easement with heavy equipment, THE CITY will place matting or other suitable material over the Pipeline/Easement as determined by Sunoco's representative in the field. 12. Excavated material will not be placed over Sunoco's Pipeline excepting fill material necessary to provide at least four feet (4') of cover above the Pipeline if there is Encroachment Agreement,City of Beaumont -2- File No HSB-0018 presently insufficient cover over the Pipeline.The City agrees to clean up and repair all damages to Sunoco's Easement resulting from the work on or across the Easement. Any and all damage repairs and cleanup of Sunoco's Easement will be subject to Sunoco's reasonable acceptance. 13. Within 120 days of the completion of construction of the crossing of Sunoco's Pipeline(s)/Easement, The City will provide to Sunoco at the above address a reproducible as- built drawing of the crossing,which will include a distance of twenty-five feet(25')on each side of said crossing along Encroachment with the depiction of elevations. 14. In the event that the existence,construction,operation,maintenance,relocation,or removal of the Encroachment causes Sunoco to incur any cost that in any manner relates to Sunoco's operation, maintenance, removal, repair, replacement, protection, construction, alteration, relocation, changing the size of, addition to and/or inspection of the Pipeline, or the cleanup or handling of any spills of petroleum products,The City,its successors or assigns,shall reimburse Sunoco for any and all such costs that would not have been incurred but for the existence of the Encroachment. The City hereby agrees that Sunoco will not be held liable for any damages to the Encroachment arising from Sunoco's operation, maintenance, removal, repair,replacement,protection,construction,alteration,relocation,changing the size of,addition to and/or inspection of the Pipeline. 15. Sunoco and The City agree that the existence of the Encroachment does not constitute a waiver of Sunoco's express rights under the aforesaid Easement and Partial Release Agreement or any other rights which may be implied by law or equity. 16. The terms and conditions of this Agreement will constitute covenants running with the land and will be binding upon and inure to the'benefits of the parties hereto, their successors and assigns. 17. This Agreement shall not be altered,changed or amended except by an instrument in writing executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year above written. SUNOCO PIPELINE L.P.,a Texas limited partnership By: Sunoco Logistics Partners Operations GP LLC,a Delaware limited liability company, as its general partner By: Todd M.Stamm,Manager Western Pipeline Operations CITY OF BEAUMONT,TEXAS By: Kyle Hayes City Manager,City of Beaumont Encroachment Agreement,City of Beaumont -3- File No MB-0018 STATE OF TEXAS § COUNTY OF FORT]REND § Before me a Notary Public in and for said county and state,on this_day of 2011, personally appeared Todd M.Stamm,to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as Manager, Western Pipeline Operations of Sunoco Logistics Partners Operations GP LLC,a Delaware limited liability company,in its capacity as general partner of SUNOCO PIPELINE L. P.,a Texas limited partnership, and acknowledged to me that he executed the same as his free and voluntary act and deed,and as the free and voluntary act and deed of such corporation for the uses and purposes set forth. Notary Public My Commission Expires: STATE OF TEXAS § § COUNTY OF JEFFERSON § Before me, the undersigned authority, NOTARY PUBLIC, STATE OF TEXAS on this day personally appeared to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument. Witness my hand and official seal this the_day of ,2011. Notary Public My Commission Expires: AFTER RECORDING RETURN TO: SUNOCO PIPELINE L.P. P.O.Box 5095 Sugar Land,TX 77487-9940 Encroachment Agreement,City of Beaumont -4- File No HSB-0018 sow,ti,v ww i i b i i i ► ► i r tiff '� r rr r r r 7.eo oroi cur awocraww onu o�cr�oML a�arr as_....__ rma m Oa OR ._. .25 20 - )s t ao 10 2 15 s : _... _ ... ...:: _ .:. _ � o ._ air .... . .....:. 1 4.00 .....: 6.00 :-7.00 '(->5 �TOVM VOINKIN 9 Exhibit B ROCIP Insurance Coverage Limits Workers' Compensation Insurance - Statutory Limits of the Workers' Compensation Laws of the State of Texas,with Coverage B-Employer's Liability (with limits of$1,000,000 each accident for Bodily Injury by accident, $1,000,000 each employee for Bodily Injury by disease and$1,000,000 policy limit Bodily Injury by disease),covering operations of the enrolled party performed on or incidental to Work at the project site. Commercial General Liability Insurance - (Excluding Automobile and Professional Liability) in form providing coverage not less than a Commercial General Liability insurance policy, including hazards of explosion, collapse,underground, independent contractor(s), employees as additional insureds, completed operations for ten (10) years after final completion at each designated project site, contractual liability coverage and personal injury liability coverage for claims arising out of the Work for personal injury,bodily injury and property damage in policy or policies of insurance such that the total available limits, reinstated annually to all insureds combined will not be less than: $2,000,000 per occurrence $2,000,000 personal and advertising injury aggregate $4,000,000 general aggregate per project $4,000,000 completed operations aggregate—per project term Such insurance will not include coverage for products liability for any product(s)manufactured, assembled, or otherwise worked upon away from the Project site for any enrolled party or excluded party performing such off-site work. Umbrella/Excess Liability Insurance in limits of: $25,000,000 per occurrence $25,000,000 general aggregate $25,000,000 products/completed operations aggregate Excess of those stated above,to all insureds combined. Encroachment Agreement,City of Beaumont -5- File No HSB-0018 ENCROACHMENT AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AGREEMENT, made as of the day of , 2011, by and between CITY OF BEAUMONT, TEXAS, a body politic and corporate and a political subdivision of the State of Texas,with its principal place of business at 1350 Langham Road, Beaumont, Texas 77707, (hereinafter called the "City"), and SUNOCO PIPELINE L.P., a Texas limited partnership, its successors and assigns,whose mailing address is P.O. Box 5095, Sugar Land,TX 77487-9940(hereinafter called"Sunoco"). WITNESSETH THAT: WHEREAS, Sunoco has acquired an easement to construct, maintain, operate, repair, replace,alter,renew and remove a pipeline and appurtenances thereto,together with other rights in and across certain lands located in Jefferson County,Texas,by virtue of a Right of Way Grant dated November 18,2008,recorded under Document Number 2008039427 of the Deed Records of the County Clerk, Jefferson County, Texas (hereinafter called the "Easement") and also identified as S-225-MPL-108,reference to which is here made for all purposes;and WHEREAS, the City was granted a permit by the Texas Department of Transportation (hereinafter called"TXDOT")to construct a twelve(12)inch PVC water line and appurtenances (hereinafter called the "Improvements")within and along the right-of-way for Spur 380, also w known as South M.L.King,Jr.Parkway;and WHEREAS,in connection with its interest in said lands,the City has requested Sunoco to consent to the existence,maintenance and encroachment of the Improvements;and WHEREAS, the Improvements and encroachment area are generally illustrated on Exhibit"A",attached hereto and incorporated herein; WHEREAS,in order to accommodate The City,Sunoco will not object to the existence, maintenance and encroachment of the Improvements over,upon and across the Easement upon terms and conditions as described above and as will more fully hereinafter appear. NOW, THEREFORE, in consideration of the premises and of the mutual advantages accruing or expected to accrue to the parties by virtue of this agreement,the parties,intending to be legally bound,agree that the Easement provides as follows: 1. The City, its agents and contractors shall give Sunoco not less than forty-eight (48) hours notice prior to any proposed construction, installation grading, excavation, maintenance or repair of any improvements over, under or near Sunoco's pipeline and the Easement. Contact Sunoco's Maintenance Supervisor,Foyce Winn at 409 749-3900(office)409 504-6910(cell)or his successor.-Construction of the Improvements must be made in accordance to the construction plans dated June 25,2011 by Schaumburg&Polk.Inc(hereinafter called the "Plans")that have been submitted to Sunoco for review. Said plans show a nine(9)foot vertical clearance from the outside diameter of Sunoco's steel encased pipeline to the diameter of the Improvement. The Improvement cannot be installed closer to Sunoco's pipeline than shown on the proposed construction plans. The Improvements may be installed via open trench,provided that a Sunoco inspector is present at the time and also provided that Sunoco's pipeline will not be exposed during excavation. 2. Except as otherwise provided for herein, neither the City nor its agent or contractors shall build any structures on, construct man-made surfaces or place bodies of water upon,plant any trees or shrubs,excavate or locate any utilities within,change the grade of,or use the Easement, or any part thereof, in-any way which will or may interfere with Sunoco's Encroachment Agreement,City of Beaumont -1- File No BTE-0013 EXHIBIT"B" immediate and/or unimpeded access to Sunoco's pipeline facilities located therein or otherwise interfere with Sunoco's lawful exercise of any of the rights herein granted or confirmed without first having obtained Sunoco's approval in writing. 3. The operation,maintenance and repair of the Improvements and appurtenances by the City shall be done in a manner and under such general conditions as will not interfere with the proper and safe use,operation and enjoyment of Sunoco's pipeline and Easement. 4. The City at all times shall be obligated to promptly maintain,repair and renew the Improvements and, upon notice in writing from Sunoco requiring it to do so, promptly shall perform maintenance or make any such repairs for the purpose of protecting and safe-guarding Sunoco's property, employees,patrons or licensees from damage or injury all at The City's sole cost and expense. 5. The maintenance and/or reconstruction of the Improvements is and shall be subject to the prior rights of Sunoco,and exercise of said rights by Sunoco is not and shall not be subject to limitations or prohibitions by virtue of said maintenance and/or reconstruction of any of the improvements and related facilities and appurtenances. 6. Sunoco, in the exercise of any of its rights, shall not be liable in any manner or respect whatsoever for any damages occasioned to any of the Improvements, and The City, its agents and contractors shall and do assume all risk and expense which may be involved in any repair,replacement and/or reconstruction of any improvements which may be required or desired by Sunoco,its agents and contractors. 7. All the terms and provisions of the Easement, except as modified by this Agreement,are hereby ratified and confirmed and shall remain in full force and effect. 8. The City represents and warrants that it is prohibited by Section 52 of the Texas Constitution, as interpreted by Texas appellate courts (See, for example, Brazoria County v. Perry, 537 S.W.2d 89 [Tex.Civ.App.- Hous. -1" Dist. 1976]) and the Texas Attorney-General (See, also, Op. Tex. Att'y Gen. No. DM-467 [1998]; and Tex. Att'y Gen. LO-90-107 [1993]) from giving an indemnity against loss, injury or damage resulting from activities of its contractors on the Project site. 9. The City further represents and warrants that it has purchased a Rolling Owner- Controlled Insurance Plan(ROCIP)through which all enrolled contractors and subcontractors on the Project site will be covered for certain minimum insurance coverages as shown on Exhibit B attached to this Encroachment Agreement. The City agrees to enroll all contractors and subcontractors performing work on the Improvements at the Project site in the ROCIP. The City agrees to maintain the ROCIP in force for all construction activities at the Project site. Prior to commencement of construction at or in proximity to the Sunoco Easement, The City agrees to furnish Sunoco a certificate of insurance that confirms that the ROCIP coverages are in force, and that Sunoco has been named as an additional insured on such ROCIP policies of insurance. 10. No equipment will be allowed to work over Sunoco's Pipeline(s),unless approved by Sunoco's representative. Excavators must work/dig parallel to SUNOCO'S Pipeline(s), and the buckets must have barred teeth. Any excavation within two feet (2) of SUNOCO'S Pipeline(s) will be done by hand. Bores and directional drills installed within ten feet (10) of SUNOCO'S Pipeline(s)and Facilities require physical verification of Pipeline location(s)prior to commencement of any work. All crossings of SUNOCO'S Pipeline(s) will be constructed as close to ninety(90) degrees as possible to SUNOCO'S Pipeline(s), but not less than forty-five (45)degrees. A minimum of four feet(4D of cover and a maximum of seven feet(7') of cover must be maintained over SUNOCO'S Pipeline(s). 11. Wherever the City will cross Sunoco's Pipeline and/or Easement with heavy equipment,.THE CITY will place matting or other suitable material over the PipelinctEasement as determined by Sunoco's representative in the field. 12. Excavated material will not be placed over Sunoco's Pipeline excepting fill material necessary to provide at least four feet (4') of cover above the Pipeline if there is Encroachment Agreement,City of Beaumont -2- File No BTE-0013 presently insufficient cover over the Pipeline.The City agrees to clean up and repair all damages to Sunoco's Easement resulting from the work on or across the Easement. Any and all damage repairs and cleanup of Sunoco's Ease ' Easement will be subject Pa p b�ect to Sunoco's reasonable acceptance. 13. Within 120 days of the completion of construction of the crossing of Sunoco's Pipeline(s)/Easement, The City will provide to Sunoco at the above address a reproducible as- built drawing of the crossing,which will include a distance of twenty-five feet(25')on each side of said crossing along Encroachment with the depiction of elevations. 14. In the event that the existence,construction,operation,maintenance,relocation,or removal of the Encroachment causes Sunoco to incur any cost that in any manner relates to Sunoco's operation, maintenance, removal, repair, replacement, protection, construction, alteration, relocation, changing the size of, addition to and/or inspection of the Pipeline, or the cleanup or handling of any spills of petroleum products,The City,its successors or assigns,shall reimburse Sunoco for any and all such costs that would not have been incurred but for the existence of the Encroachment. The City hereby agrees that Sunoco will not be held liable for any damages to the Encroachment arising from Sunoco's operation, maintenance, removal, repair,replacement,protection,construction,alteration,relocation,changing the size of,addition to and/or inspection of the Pipeline. 15. Sunoco and The City agree that the existence of the Encroachment does not constitute a waiver of Sunoco's express rights under the aforesaid Easement and Partial Release Agreement or any other rights which may be implied by law or equity. 16. The terms and conditions of this Agreement will constitute covenants running with the land and will be binding upon and inure to the benefits of the parties hereto, their successors and assigns. 17. This Agreement shall not be altered,changed or amended except by an instrument in writing executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year above written. SUNOCO PIPELINE L.P.,a Texas limited partnership By: Sunoco Logistics Partners Operations GP LLC,a Delaware limited liability company, as its general partner By: Todd M.Stamm,Manager Western Pipeline Operations CITY OF BEAUMONT,TEXAS By: Kyle Hayes City Manager,City of Beaumont Encroachment Agreement,City of Beaumont -3- File No BTE-0013 STATE OF TEXAS § COUNTY OF FORT BEND § Before me a Notary Public in and for said county and state,on this_day of ,2011, personally appeared Todd M.Stamm,to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as Manager, Western Pipeline Operations of Sunoco Logistics Partners Operations GP LLC,a Delaware limited liability company,in its capacity as general partner of SUNOCO PIPELINE L. P., a Texas limited partnership,and acknowledged to me that he executed the same as his free and voluntary act and deed,and as the free and voluntary act and deed of such corporation for the uses and purposes set forth. Notary Public My Commission Expires: STATE OF TEXAS § § COUNTY OF JEFFERSON § Before me, the undersigned authority, NOTARY PUBLIC, STATE OF TEXAS on this day personally appeared to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument. Witness my hand and official seal this the_day of ,2011. Notary Public My Commission Expires: AFTER RECORDING RETURN TO: SUNOCO PIPELINE L.P. P.O.Box 5095 Sugar Land,TX 77487-9940 Encanachment Agreement,City of Beaumont -4- File No BTE-0013 !!!! ! 1 e b swam V610 MW N b, bib toll If I I I L bib gw��rs� 1 7+60 0►EN qlf DMBECIIOIML DItlLL o�i6e6 a� iii»lI�K6. 000T�Cmm 061LL 6/611 CUB Tarr-•-^• ao�s• ON 20 15 i�� • ._. .._ _........20 31 0 00 ! 4-00 + OM A a ML IOPG Jr.aaw.y •f f ► • Y Y 1 Y '�� • ► � Y� 6� a off �.,.. :. �: Exhibit B ROCIP Insurance Coverage Limits Workers' Compensation Insurance - Statutory Limits of the Workers' Compensation Laws of the State of Texas,with Coverage B-Employer's Liability (with limits of$1,000,000 each accident for Bodily Injury by accident, $1,000,000 each employee for Bodily Injury by disease and$1,000,000 policy limit Bodily Injury by disease),covering operations of the enrolled party performed on or incidental to Work at the project site. Commercial General Liability Insurance - (Excluding Automobile and Professional Liability) in form providing coverage not less than a Commercial General Liability insurance policy, including hazards of explosion, collapse,underground, independent contractor(s), employees as additional insureds, completed operations for ten (10) years after final completion at each designated project site, contractual liability coverage and personal injury liability coverage for claims arising out of the Work for personal injury,bodily injury and property damage in policy or policies of insurance such that the total available limits, reinstated annually to all insureds combined will not be less than: $2,000,000 per occurrence $2,000,000 personal and advertising injury aggregate $4,000,000 general aggregate per project $4,000,000 completed operations aggregate—per project term Such insurance will not include coverage for products liability for any product(s)manufactured, assembled, or otherwise worked upon away from the Project site for any enrolled party or excluded party performing such off-site work. Umbrella/Excess Liability Insurance in limits of: $25,000,000 per occurrence $25,000,000 general aggregate $25,000,000 productslcompleted operations aggregate Excess of those stated above,to all insureds combined. Encroachment Agreement,City of Beaumont -$- Fik No BTE-0013 D RICH WITH OPPORTUNITY BEAU,NN* T - R • s - A - s City Council Agenda It TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lava Clerk, Chief Financial Officer MEETING DATE: October 18, 2011 REQUESTED ACTION: Council consider approving a payment of dues to the South East Texas RegkxW Planning Commission (SETRPC) for Fiscal Year 2012. RECOMMENDATION The administration recommends approval of a payment of$43,233.92. BACKGROUND The SETRPC was established in June of 1970 under enabling legion as a voluntary association oflocal governmeam Its purpose is to encourage and permit local governments to join and cooperate with one another to improve the health and safety ofth eir citizens,to plan for future development and transportation efforts;and to recognize the needs of agriculture,business and industry,among other The City of Bc►enmant supports the SUTRPC and the community projects they perform. Some of the programs these dues will fiord are the Criminal Justice Program;the Area Agency on Aging(AAA) Program;the Homeless Coalition;the Foster Grandparents Program(FGP);and the Retired Senior Volunteer Program(RSVP). BUDGETARY EWPACT Funds are budgeted in the General Fund. r _ IN r PRESIDENT EVERETTE`BO°ALFRED September 30,2011 County Commissioner Jefferson County 1st VICE-PRESIDENT KEN PELT City of Beaumont County Commissioner Hardin County P O Box 3827 2nd VICE-PRESIDENT Beaumont, Texas 77704 DAVID DUBOSE County Commissioner Orange County 3rd VICE44MSIDENT Dear Member: GLENNJOHNSON Mayor City of Port Neches Thank you for your continued support of the South East Texas Regional Planning TREASURER Commission as we enter our forty first year of operation. Enclosed is the dues FRED WILLIAMS Mayor invoice for fiscal year 2012. City of Kountze SECRETARY KIRK ROCCAFORTE Because of the recent census there will be a minimal change in the dues Mayor assessments for general purpose governments. However,the per capita charge of City of Bridge City $,12 for general-purpose governments and fixed fee of$150.00 for special- LEGAL COUNSEL RONNIE TURNER purpose governments remains unchanged. Provost Umphrey,LLP If you should have any questions concerning this please do not hesitate to contact me at 409-899-8444 ext. 6045 or email at jborel @setrpc.org. Sincerely, EXECUTIVE DIRECTOR SHAUN P.DAVIS sdavisMsetmc.ora Jim Borel 2210 Eastex Freeway Finance Director, South East Texas Regional Planning Commission Beaumont,Texas 77703.4929 Telephone(409)899-8444 FAX(409)347-0138 set setroc.ora Enclosure htto://www.setroc.org RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of fiscal year 2012 dues to the South East Texas Regional Planning Commission (SETRPC) in the amount of$43,233.92. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. - Mayor Becky Ames - E RICH w=sx arroasvxi�rx BEA T • N • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: James Singletary,Chief of Police MEETING DATE: October 18,2011 REQUESTED ACTION: Council consider authorizing the C1ty.Manager to enter into an agreement with the Texas Forest Service for participation in the Regional Incident Management Team (RIMT)program for individuals approved to,participate. RECOMMENDATION Administration recommends approval. BACKGROUND In 2007,the State of Texas designated the Texas Forest Service,under the A&M University System,as the lead agency to establish regional incident management teams within the State. These teams are designed to provide expertise to manage and plan for emergencies,events and disasters at the local level.Emergency management has greatly benefitted from the free training and support we have been getting from the program.Approval will ensure Beaumont's Emergency Management personnel can continue to participate in the state program and maintain a core of volunteers within our city who can disseminate that expertise to the larger City staff. Participation helps maintain disaster management expertise for our key staff even when Beaumont is not affected by a Citywide emergency. Every deployment decision is made on a case-by-case basis.Response is up to the City,the individual participant,and the respective department.This agreement would provide approval for the Manager to sign agreements for each member authorized by the City to participate in the program under the auspices of Emergency Management which facilitates the program. BUDGETARY IMPACT There is none. Training is provided by the Texas Forest Service for no cost,and if members deploy to assist other agencies,all costs including those necessary for backfill will be reimbursed. RICH WITH OPPORTUNITY BEAUa no, Ulm ,'In T • E • % • A • S TO: City Council FROM: Tyrone Cooper, City Attorney PREPARED BY: Quentin Price,First Assistant City Attorney MEETING DATE: October 18, 2011 NOTE OF CONCERN: The venue for the Memorandum of Understanding between the City of Beaumont and the Texas Forest Service for participation in the Regional Incident Management Team (RIMT)Program is designated as being in Brazos County, Texas. The above noted agreement requires that all lawsuits between the parties be brought in Brazos County, Texas. The Texas Forest Service has refused to agree to venue being in Jefferson County when requested to do so by the City. Accordingly, if a dispute arises and suit is filed,the City will be required to prosecute or defend same in Brazos County and not in Jefferson County. The City Attorneys Office wanted the Council to be aware of this specific provision prior to executing the agreement. Memorandum of Understanding Between The Texas Forest Service And Regional Incident Management Team Member And The Participoting Agency/Employer This Memorandum of Understanding(MOU)is entered into this 2nd day of September, 2411 by and between the Texas Forest Service, a member of the Texas A&M University System, an agency of the state of Texas (TFS) and Regional Incident Management Team (RIMT) Member Donald English (Member) and the Participating Agency/Employer City of Beaumont (Employer). I. PURPOSE To delineate responsibilities and procedures for RIMT activities under the authority of the State of Texas Emergency Management Plan. II. SCOPE The provisions of this MOU apply to RIMT activities performed at the request of the State of Texas. The scope of this agreement also includes training activities mandated by the State of Texas and TFS to maintain RIMT operational readiness. III. PERIOD OF PERFORMANCE This Contract shall begin as of the date of the last signature and shall terminate August 31,2612,unless terminated earlier in accordance with section IX.B. IV. DEFINITIONS A. v lion: The process of mobilizing..RIMT Members to deploy to a designated incident or event site.When the RIMT responds to such a mobilization request, the Member is required to arrive with all equipment and personal gear to the designated Point of Assembly(POA)within two hours of activation notice. The time at which the RIMT Member receives a request for activation and verbally accepts the mission will be considered the time at which personnel costs to be charged to RIMT activities shall begin. B. Alert: The process of informing RIMT Members that an event has occurred and that RIMT may be activated at some point within the next 24-48 hours. C. De-Ac 'vation: The process of de-mobilizing RIMT Members upon notification from the State to stand down. D. Director: The Director of TFS. 1 EXHIBIT "A" E. y�Iember: An individual who has been formally accepted into an RIMT,meeting all requirements for skills and knowledge,and is in good standing with regard to compliance with necessary training and fitness. F. ParticigAgety/Emglo�+gr: The RIMT Member's employer who, by execution of this MOU,has provided official support of the Member's involvement in the RIMT. G. State: For the purpose of this MOU,the State of Texas through the Governor's Division of Emergency Management(GDEM). H. RIMT: An integrated collection of personnel and equipment meeting standardized capability criteria for addressing incident management needs during disasters. I. TFS/SJW Snonagad RIMT Training and EuMses: Training and/or exercises performed at the direction,control and funding of TFS and/or the State. J. 1ACa1 RIMT Spw,ored Training and Exerrases: Training and/or exercises performed at the direction, control and funding of a participating agency or RIMT Member in order to develop and maintain the incident management capabilities of the member and the RIMT. RIMT sponsored training shall be coordinated with TFS staff and receive prior written authorization to conduct such training. V. RESPONSIBILITIES A. TFS shall: 1. Recruit and organize the RIMT,according to guidelines prescribed by TFS. 2. Provide administrati ve, financial and personnel management related to the RIMT and this agreement. 3. Provide training to RIMT Members. Training shall be consistent with the objectives of developing, upgrading and maintaining individual skills, as identified in the position description requirements, necessary to maintain operational readiness. 4. Develop, implement and exercise an internal notification and call-out system for RWT Members. . 5. Provide all tools and equipment necessary to conduct safe and effective incident management operations as listed in the current approved RIMT cache list. 6. Maintain all tools and equipment in the RIMT cache in a ready state. 7. Provide coordination between the State, other relevant governmental and private entities,Employer and RIMT Member. 8. Maintain a primary contact list for all RIMT Members. 2 9. Maintain personnel files on all members of RIMT for the purpose of documenting training records, emergency notification and other documentation as required by the State. B. The Employer shall: 1. Maintain a roster of all its personnel participating in RIMT activities. 2. Provide a primary point of contact to TFS for the purpose of notification of RIMT activities. 3. Provide administrative support to employee members of RIMT,i.e. "time off' when fiscally reasonable to do so for RIMT activities such as training, meetings and actual deployments. 4. Submit reimbursement claims within thirty (30) days of official deactivation or completion of TFS/State sponsored RIMT training of the RIMT Member. C. Member shall: 1. Be physically capable of performing assigned duties required in the position description(PD)requirements for the assigned position. 2. Maintain knowledge, skiffs and abilities necessary to operate safely and effectively in the assigned position. 3. Maintain support of Employer for participation in RIMT activities. 4. Keep Employer advised of RIMT activities that may require time off from work. 5. Advise RIMT point of contact of any change in notification process, i.e. address or phone number changes. 6. Be available for immediate call-out during the period Member's assigned RIMT is first on the rotation for call-out. 7. Respond immediately to a mobilization request with acceptance or refusal of current mission request and arriving within 2 hours from time of mobilization request to the assigned POA. 8. Maintain all equipment issued by RIMT in a ready state and advising TFS Manager deployed with RIMT of any lost, stolen or damaged items assigned to Member. 9. Be prepared to operate in the disaster environment. 10. Follow the RIN4T Code of Conduct in Attachment A. 3 VI. PROCEDURES A. Activation 1. Upon request from the State for disaster assistance, and/or determination that pre-positioning the RIMT is prudent, TFS shall request the activation of the RIMT to respond to a designated POA. 2. TFS shall communicate an Alert and/or Activation notice to RIMT Members through the internal paging and call-out system according to the current approved mobilization plan. B. Mobilization,Deployment and Re-deployment 1. TFS will notify members of activation of RIMT. 2. Upon arrival at the POA,the State representative will provide initial briefings, maps, food, housing and any other items essential to the initial set-up and support of the RIMT. 3. When RIMT is activated, the RIMT, including all necessary equipment, will move to the pre-designated point of departure (POD) for ground or air transportation. 4. The RIMT shall be re-deployed to the original POA upon completion of the RIMT mission. C. Management 1. TFS will have overall management,command and control of all RIMT resources and operations. 2. Tactical deployment of R1MT will be under the direction of the local Incident Commander and the RIMT Incident Commander assigned to the incident. VII. TRAINING AND EXERCISES A. Kcal RRAT Sponsored Training and Exercises Periodically RIMT Members will be requested or required to attend local RIMT sponsored training or exercises. Local RIMT sponsored training or exercises shall be performed at the direction, control and funding of the local RIMT in order to develop the technical skills of RIMT Members. Costs associated with this training or exercises will not be reimbursed by TFS or the State. B. TFS/State Sponsored RIMT Training and Exercises Periodically RIMT Members will be required and/or invited to attend TFS/State RIMT training and/or exercises. This training and exercises will be performed at the direction, control and funding of TFS, or the State in order to develop and 4 maintain the incident management capabilities of the RIMT. Allowable travel costs associated with this training will be reimbursed by TFS. C. Minimum Training Rcauirements Member is required to attend a minimum of 50% of the available RIMT training and exercise opportunities provided for the assigned RIMT position. Failure to attend a minimum of 505/o of the training opportunities will result in dismissal from the RIMT. Exceptions may be granted at the discretion of the RIMT Incident Commander. VIII. ADMINISTRATIVE,FINANCIAL AND PERSONNEL MANAGEMENT A. Reimbursement to Employer 1. TFS will reimburse Employer for all wages identified and allowed in the RIMT Standard Pay Policy(Attachment B). TFS will reimburse all amounts necessary to fund payroll associated costs of state and/or federal disaster deployments. 2. TFS will reimburse Employer for the cost of backfilling while Member is activated. This shall consist of expenses generated by the replacement of a deployed Member on their normally scheduled duty period/day. 3. TFS will reimburse Employer for salaries and backfill expenses of any deployed Member who would be required to return to regularly scheduled duty during the personnel rehabilitation period described in the demobilization order. If the deployed Member's regularly scheduled shift begins or ends within the identified rehabilitation period,Employer may give the deployed Member that time off with pay and backfill his/her position. If Member is not normally scheduled to work during the identified rehabilitation period,then no reimbursement will be made for Member. TFS will determine the personnel rehabilitation period that will apply to each deployment based on the demobilization order for that deployment. 4. TFS will reimburse Employer for reasonable travel expenses associated with Member's travel for RIMT training or deployment. All travel reimbursements will be in accordance with the State of Texas Travel Allowance Guide, published by the Comptroller of Public Accounts. 5. TFS will reimburse Employer for reasonable(as determined by TFS)personal costs associated with Member's participation in a deployment. b. TFS will reimburse Employer for emergency procurement of RIMT materials, equipment and supplies purchased and consumed by Member in providing requested assistance on a replacement basis. Prior approval by the TFS manager deployed with the RIMT must be obtained and original receipts for such items must be submitted with reimbursement request to TFS. 7. Employer shall submit to TFS all reimbursement requests within 30 days of Member de-activation or completion of TFS/State sponsored training event. 5 B. Reimbursement of RIMT Member as an Individual Resource 1. TFS will pay an individual resource Member for all wages specified in the RIMT Standard Pay Policy(Attachment B). Payment for these wages will be determined based upon the Member's RIMT position in the most current revision of the RIMT Pay Schedule by Position(Attachment Q. 2. TFS will reimburse an individual resource Member for reasonable (as determined by TFS) travel expenses associated with Member's travel for RIMT training or deployment. All travel reimbursements will be in accordance with the State of Texas Travel Allowance Guide,published by the Comptroller of Public Accounts. 3. TFS will reimburse an individual resource Member for reasonable (as determined by TFS) personal costs associated with participation in a deployment. 4. TFS will reimburse an individual resource Member for emergency procurement of RIMT materials, equipment and supplies purchased and consumed by Member in providing requested assistance. Prior approval by the TFS manager deployed with the R1MT must be obtained and original receipts for such items must be submitted with reimbursement request to TFS. 5. Individual resource Member must submit to TFS all reimbursement requests within 30 days of Member de-activation or completion of TFS/State sponsored training event. C. Medical Care for Injury or Illness 1. If Member incurs an injury or illness during an RIMT training-exercise or deployment, TFS will pay for triage medical care to ensure Member is properly treated and medically evaluated. TFS will make a determination as to whether the injury or illness was work related and will notify Employer for proper processing of Workers Compensation claim. Employer will be responsible for handling any additional medical care for work related injuries or illnesses under its Worker Compensation insurance. Member will be responsible for handling any additional medical care for non-work related injuries or illnesses under his/her personal health insurance. D. Liability 1. It is mutually agreed that TFS, Employer and Member shall each be responsible for their own losses arising out of the performance of this MOU. E. Reimbursement Process 1. All requests for reimbursement must be submitted using the most current RDAT Travel and Personnel Reimbursement Form(Attachment D). 6 2. TFS will process payment to Employer or individual resource member for all allowable expenses within 30 days of receipt of the properly completed and supported RIMT Travel and Personnel Reimbursement Form. 3. Neither Member nor Employer will be reimbursed for costs incurred by activations that are outside the scope of this agreement. 4. All financial commitments herein are made subject to availability of funds from the State. 1'X. CONDITIONS,AMENDMENTS AND TERMINATION A. This MOU may be modified or amended only by the written agreement of all parties. B. Any party,upon 30 day written notice,may terminate this MOU. C. TFS complies with the provisions of Executive Order 11246 of Sept. 24, 1965,as amended and with the rules, regulations and relevant orders of the Secretary of Labor. To that end,TFS will not discriminate against any employee or Member on the grounds of race, color, religion, sex or national origin. In addition the use of state or federal facilities, services and supplies will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination. Distribution of supplies, processing of applications, provisions of technical assistance and other relief assistance activities shall be accomplished in an equitable and impartial manner,without discrimination on the grounds of race,color,religion, nationality sex,age or economic status. D. This MOU is governed by the laws of the State of Texas., Venue for any suits related to this agreement shall be in Brazos County,Texas. X. POINTS OF CONTACT S Ems er Bob Koenig City of Beaumont Emergency Mgmt John B. Connally Building Tim Ocnasheck,EMC 301 Tarrow,Suite 304 700 Orleans College Station,TX 77840 Beaumont,TX 77701 Tel#: 979-450-8659 Tel#:409-980-7280 e-mail: bkoenig@tfs.tamu.edu email#:tocnaschek@ci.beaumont.tx.us Member. Donald English City of Beaumont Police Department 255 College Beaumont,TX 77701 Tel#:409-466-2741 e-mail: denglish@ci.beaumont.tx.us 7 XI. ENTIRE AGREEMENT This MOU along with the following Attachments reflects the entire agreement between the parties: Attachment A,RIMT Code of Conduct Attachment B,RIMT Standard Pay Policy Attachment C,RIMT Pay Schedule by Position(most current revision) Attachment D,RIMT Travel and Personnel Reimbursement Form(most current revision) Employer and Member hereby acknowledge that they have read and understand this entire MOU. All oral or written agreements between the parties hereto relating to the subject matter of this MOU that were made prior to the execution of this MOU have been reduced to writing and are contained herein. Employer and Member agree to abide by all terms and conditions specified herein and certify that the information provided to TFS is true and correct in all respects to the best of their knowledge and belief. This MOU is entered into by and between the following parties: TEXAS FORESTS Signature: Name: To Aff Title: r Date:, G -I C 1 PARTICIPATING AGENCY/EMPLOYER Signature: Name: Title: Date: RIMT MEMBER: Signature: Name: Date: 8 i ATTACHMENT A RIMT Code of Conduct • No transportation/use of illegal drugs/alcohol. • Firearms are authorized to be carried by only current TCLEOSE certified commissioned officers. • Normal radio protocol used/traffic kept to a minimum. • Know your chain of command/who you report to. • Limit procurement of equipment. • Do not take things without authorization. • Act professionally. • Remain ready even when unassigned. • Recreation limited to unassigned hours. • Maintain/wear safety gear/clothing. • Wear proper uniform. • Remember your actions reflect your organization and RIMT. 9 ATTACHMENT B RIMT Standard Pay Policy I. Scope The provisions of this policy apply to all members of an RIMT. U. Purpose The purpose of this document is to delineate the policy and procedures for payment and/or reimbursement of payroll expenses to include salariestwages and associated fringe benefits incurred during state activations of a RIMT member(Member). III. Pay Rate A. The Texas Forest Service (TFS) will reimburse Participating Agency/Employer (Employer)for the participation of each Member who is employed by that Employer at the hourly rate or salary identified on the most current payroll printout provided by the Employer requesting salary reimbursement. TFS may also reimburse Employer for the allocable portion of fringe benefits paid to or on behalf of the Member during the period of activation. The actual benefits paid must also be shown on or attached to the Employer payroll printout submitted to TFS. B. As an individual resource, members without Employer will be paid at a rate identified with his/her RIMT position on the RIMT Pay Schedule by Position (see Attachment Q. The individual resource's 40-hour workweek will begin upon acceptance of the mission. The individual will be paid for the first 40 hours at the standard base rate of pay, and at one and one-half(1'/s) times for all other hours in that same week. The workweek will consist of seven consecutive workdays to include weekends and holidays. IV. Work Shfft A. Every day is considered a workday during the Activation until the Activation is over, and the RIMT returns to its original Point of Assembly. Therefore, Saturday,Sunday, holidays and other scheduled days off are also considered workdays during the period of activation. B. Each Employer or individual resource is assured pay for base hours of work, mobilization and demobilization, travel, or standby at the appropriate rate of pay for each workday. V. Ordered Standby Compensable standby shall be limited to those times when an individual is held, by direction or orders,in a specific location,fully outfitted and ready for assignment. 10 ATTACHMENT C RIMT PAY SCHEDULE BY POSITION COMMAND ICT3 INCIDENT COMMANDER TYPE 3 24 IOF3 INFORMATION OFFICER TYPE 3 24 LOFR3 LIAISON OFFICER TYPE-3 24 PI03 PUBLIC INFORMATION OFFICER 3 24 SOF3 SAFETY OFFICER TYPE 3 24 OP DIVS DIVTSIOWROUP SUPERVISOR 24 OSC 3 OPERATIONS SECTION CHIEF TYPE 3 24 STL() STRIKE TEAM LEADER(CREW,ENGINE,DOZER,MILITARY,or • 21 TRACTOR-PLO TFLD VM FORCE LEADER 21 PLANNING DMOB DEMMUXZATION UNIT LEADER 24 PSC3 PLA SECTION CHIEF TYPE 3 24 RESL RESOURCE UNIT LEADER 24 SITL SITUATION UNIT LEADER 24 LOGISTICS COML COMMUNICATIONS UNIT LEADER 74 FACL FACILITIES UNIT LEADER 24 FDUL FOOD UMT LEADER . 24 GSUL GROUND SUPPORT UNIT LEADER 24 LSC3 LOGISTICS SECTION CHIEF TYPE 3 24 MEDL MEDICAL UNIT LEADER 24 SUBD SUPPORT BRANCH DIRECTOR 26 SPUL SUPPLY UNIT LEADER 24 SVBD SERVICE BRANCH DIRECTOR 26 FINANCE COMP COMPENSATION/CLAIMS UNIT LEADER 24 COST COST UNIT LEADER 24 FSC3 FINAHMADMINISTRATION SECTION CHIEF TYPE 3 24 PROC PROCUREMENT UNIT LEADER 24 TIME 7, Tam UNIT LEADER 24 Dated 5/8/09 11 ATTACHMENT D MOST CURRENT REVISION OF THE RIMT TRAVEL AND PERSONNEL REIMBURSEMENT FORM PROVIDED TO MEMBER AT DEMOBILIZATION 12 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 the Texas Forest Service for participation in the Regional Incident Management Team (RIMT) Program. 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 18th day of October, 2011. - Mayor Becky Ames - 3166 'ITA or I BEA A 6 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 18,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI 2. Consider terminating the two current contracts for mowing privately-owned, developed and vacant property and consider awarding a new contract 3. Consider approving the purchase of twenty-one patrol vehicles for use by the Police Department 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: Claim of John E. Boggs Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 October 18,2011 Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI RICH WITH OPPORTUNITY BEAUMDN* T • E • X • A 6 s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director MEETING DATE: October 18,2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI. RECOMMENDATION Administration recommends approval of a contract with Brystar Contracting, Inc. of Beaumont in the amount of$1,644,323.00. The contract will rehabilitate approximately 17,856 linear feet of 6-inch, 12,601 linear feet of 8-inch, and 1,335 linear feet of 10-inch sanitary sewer lines,to stabilize approximately 9 (nine) vertical feet of existing manhole, to furnish and install approximately 10 (ten)manholes,to remove and replace approximately 108 manholes, to furnish and install 16 (sixteen) end of line cleanouts, to replace approximately 581 short side and 1 (one) long side service line connections, clean and televise 31,792 linear feet of existing and newly burst sanitary sewer lines and televise approximately 582 existing sanitary sewer service lines. The project is divided among three areas. The first area is located east of Concord Road and west of Helbig Road between Picadilly Lane and Landry Lane. The second area is located along Rikisha Lane between Regina Lane and Gladys Avenue. The third area is located east of Highland Avenue and west of M.L. King Jr Parkway between Alma Street and Adams Street. The project was designed by City Staff and the Engineer's estimate for the project was $1.6 million. BACKGROUND The existing sewer lines built in the 1940's and 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines,restore the carrying capacity,provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the State. Rehabilitation of Small Diameter Mains—Contract XXI October 18,2011 Page 2 of 2 The City's standard specifications require a general contractor to submit a responsive bid in which all of the requirements of the invitation to bid are fulfilled without exception or deviation. The apparent low bidder did not submit a complete bid per the bidder's instructions. The apparent 2nd lowest bidder did not meet the minimum experience requirements. Therefore, the apparent low bid and apparent 2'lowest bid have been rejected due to noncompliance with bid specifications. Administration recommends awarding the contract to the third lowest bidder,Brystar Contracting, Inc. who meets all bid specifications. The MBE participation will be with H&E Aggregates for $190,000.00, which represents 11.55 percent of the total bid. BUDGETARY IMPACT Funds for the project are provided by the Capital Program. ` 0 F %%%t %%t �p••...e�. 4 i 5 . i 3/.« �u.A VILLAaaM ..y.. ..«««.�.••. BD TABULATK)N I�-q .0 ` 90340 O•- SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XXI �� 0�0•lC E N A.• The Bid Proposals sub nave 9�OPENING reviewed and to the Thursday est off my knowlledggeltt issi 2 ccurate tabulation of the bids received�����s1pN AIE��r l� By Amala Villarreal,PE,Water Utifts Engineer Date:8146/11 REM NUMBER QUANTITY DESCRIPTION Horseshoe Construction,Inc Lopes Utilities Contr.,LLC Brystar Contracting,Inc. La PORTE,TX SOUTH HOUSTON,TX BEAUMONT,TX JAMES R.HOLT FRANCISCO LOPEZ BRYAN PHELPS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.1 1 MOBILIZATION $ 5,000.00 $ 5,000.00 $ 20,000.00 $ 20,000.00 $ 48,000.00 S 48,000.00 ITEM NO.2 17,856 6"HOPE by pipe bursting $ 22.00 $ 392,832.00 S 22.00 S 392,832.00 S 25.00 $ 446,400.00 ITEM NO.3 12,601 8"HOPE by pipe bursting $ 23.00 S 289,823.00 $ 27.00 S 340,227.00 $ 28.00 $ 352,828.00 ITEM NO.4 1,335 10"HDPE by pipe bursting $ 28.00 S 37,380.00 $ 36.00 S 48,060.00 $ 33.00 $ 44,055.00 ITEM NO.5 9 Stabilization of existing manhole. $ 200.00 $ 1,800.00 $ 100.00 $ 900.00 $ 210.00 $ 11890.00 ITEM NO.6 10 Furnish and install manhole. $ 2,500.00 $ 25,000.00 $ 2,200.00 $ 22,000.00 S 1,950.00 S 19,500.00 ITEM NO.7 108 Remove and replace manhole. $ 2,500.00 $ 270,000.00 $ 2,400.00 $ 259,200.00 $ 2,150.00 $ 232,200.00 ITEM NO.8 4 Abandon existing manhole In place. $ 500.00 $ 2,000.00 $ 750.00 $ 3,000.00 $ 500.00 $ 2,000.00 ITEM NO.9 16 Furnish and instal end of line cieanout. $ 1,850.00 $ 29,600.00 S 450.00 $ 7,200.00 $ 370.00 $ 5,92(100 ITEM NO.10 1 Replacement of 4"long side service connection. $ 1,250.00 $ 1,250.00 $ 1,850.00 S 1,850.00 $ 1,500.00 $ 1,500.00 ITEM NO.11 581 Replacement of 4"short side service connection. $ 400.00 $ 232,400.00 $ 575.00 $ 334,075.00 S 560.00 $ 325,360.00 ITEM NO.12 582 Televise existing sanitary sewer service lines $ 50.00 $ 29,100.00 $ 30.00 $ 17,460.00 S 75.00 $ 43,650.00 Clean and televise 6,8,and 10-inch existing ITEM NO.13 31,792 sanitary sewer fines. $ 1.00 $ 31,792.00 $ 2.00 $ 63,584.00 $ 2.00 $ 63,584.00 ITEM NO.14 31,792 Clean and televise 6,8,and 10-inch newly pipe burst sanitary sewer Ines. $ 1.25 $ 39,740.00 $ 0.75 $ 23,844.00 $ 1.75 $ 55,636.00 ITEM NO.15 1 Trench Safety Plan S 2,000.00 $ 2,000.00 $ 3,500.00 $ 3,500.00 $ 800.00 S 800.00 ITEM NO.18 1 1 ITrench Safety System $ 2,000.001$ 2 000.00 1$ 3,500.00 1 S 3,600.00 $ 1,000.00 $ 1,000.00 TOTAL $1,391.717.00 $1,541,232.00 $1,644,323.00 Acknowledw Addenda 1 Yes Yes Yes Acknowledge Addenda 2 Yes Yes Yes Bid Summary Yes Yes Yes Bid Bond Yes Yes Yes Corporate Resolution Yes Yes Yes Information Required of Bidder Yes Yes Yes Provision on Conflict of Interest Yes Yes Conflict of Interest Questionnaire Yes Yes Minorky Business Utilization Commitment Yes Yes Schedule C MBE Participation Yes Yes Minimum E Yes Yes Bound Book Enclosed with Bid Yes L- BID TABULATION SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XXI BID OPENING DATE:Thursday August 25,2011 @ 2:00 PM The Bid Proposals submitted have been reviewed and to the best of my knowledge this Is an accurate tabulation of the bids received. ITEM NUMBER Atleo PM Construction 3 Rehab,LP Simco EntwWlses,LTD BEAUMONT,TX PASADENA,TX GROVES,TX T.W.HARRISON BRENT KELLER MARK SMON UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.1 $ 45,000.00 $ 45,000.00 $ 60,000.00 $ 50,000.00 $ 50,000.00 ITEM NO.2 $ 29.69 $ 530,144.64 $ 28.00 $ - 499,968.00 $ 28.00 $ 499,968.00 ITEM NO.3 $ 32.07 $ 404,114.07 $ 30.00 $ 378,030.00 $ 29.00 $ 365,429.00 ITEM NO.4 $ 42.98 $ 57,378.30 $ 40.00 $ 53,400.00 $ 56.00 $ 74,760.00 ITEM NO.5 $ 650.00 $ 5,850.00 $ 285.00 $ 2,565.00 $ 100.00 $ 900.00 ITEM NO.6 $ 2,470.00 $ 24,700.00 $ 2,300.00 $ 23,000.00 $ 3,000.00 $ 30,000.00 ITEM NO.7 $ 2,725.00 $ 294,300.00 $ 2,300.00 $ 248,400.00 $ 2,800.00 $ 302,400.00 ITEM NO.8 $ 500.00 $ 2,000.00 $ 600.00 $ 2,400.00 $ 1,000.00 $ 4,000.00 ITEM NO.9 $ 425.00 $ 6,800.00 $ 600.00 $ 9,600.00 $ 1,200.00 $ 19,200.00 ITEM NO.10 $ 1,956.00 $ 1,956.00 $ 2,100.00 $ 2,100.00 $ 2,000.00 $ 2,000.00 ITEM NO.11 $ 716.00 $ 415,996.00 $ 900.00 $ 522,900.00 $ 940.00 $ 546,140.00 ITEM NO.12 $ 50.00 $ 29,100.00 $ 70.00 $ 40,740.00 $ 140.00 $ 81,480.00 ITEM NO.13 $ 2.00 $ 63,584.00 $ 2.20 $ 69,942.40 $ 3.00 $ 95,376.00 ITEM NO.14 $ 1.00 $ 31,792.00 $ 1.25 $ 39,740.00 $ 2.00 $ 63,584.00 ITEM NO.15 $ 500.00 $ 500.00 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 ITEM NO.16 1$ 1.001$ 1.001$ 3,500.00 3,500.001$ 5,000.001$ 5 000.00 TOTAL $1913216.01 1,968785.40 $2,142,237.00 Acknowledge Addenda 1 Yes Yes Yes Ack Addenda 2 Yes Yes Yes Bid Summary Yes Yes Yes Bid Bond Yes Yes Yes Corporate Resolution Yes Yes Yes Information R fired of Bidder Yes Yes Yes Provision on ConNet of krterest Yes Yes Yes Conflict of Interest Questionnaire Yes Yes Yes M.B.UtSZatlon Commitment Yes Yes Yes Schedule C MBE P Yes Yes Yes Minimum Experience Yes Yes Yes Bound Book Encl.w!Bid Yes Yes Yes CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION N AN E CERTIFIED MBE ADDRESS ITPE OF WORK AGREED PRICE CONTRACTOR OV The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. This schedule should be submitted with your bid. SI NATUIIE TITLE 37 RESOLUTION NO. WHEREAS, bids were solicited for a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI Project; and, WHEREAS, Brystar Contracting, Inc. of Beaumont, Texas, submitted a bid in the amount of$1,644,323; and, WHEREAS, City Council is of the opinion that the bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, in the amount of$1,644,323 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $1,644,323 for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI Project be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contact with Brystar Contracting, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. - Mayor Becky Ames - 2 October 18,2011 Consider terminating the two current contracts for mowing privately-owned, developed and vacant property and consider awarding a new contract RICH WITH OPPORTUNITY BEA,UMON* 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: October 18, 2011 REQUESTED ACTION: Council consider terminating the two current contracts for mowing privately-owned, developed and vacant property,and consider awarding a new contract. RECOMMENDATION The Administration recommends the termination of annual contracts to South East Texas Lawn& Maintenance of Beaumont, and Perfect Cut Lawn Care of Beaumont. The Administration recommends the award of an annual contract to BIO Landscape&Maintenance of Beaumont for the estimated amount of$142,109. BACKGROUND Privately owned, developed and vacant properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12)inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance,the City's contractor mows the property and the property owner is fined. The contract is divided into two (2) sections. Section 1 is all properties North of Gladys Street and within the City Limits. Section 2 is all properties south of Gladys Street and within the City Limits. This contract was previously awarded by Council on August 16,2011 by Resolution Number 11-222. Section 1 was awarded to Perfect Cut Lawn Care with an estimated annual cost of$31,180. Section 2 was awarded to South East Texas Lawn&Maintenance with an estimated annual cost of$42,090. On August 29, 2011,the contracts were accepted by both vendors. Since that date, South East Texas Lawn& Maintenance, LLC, consistently failed to meet specifications. The City extended multiple deadlines and send four(4) letters defining the expectations in an effort to work with this vendor and accomplish the specifications as set forth in the contract. South East Texas Lawn&Maintenance did not comply with the specifications. On October 7, 2011, Southeast Texas Lawn and Maintenance submitted a letter requesting termination of the contract. It is in the best interest of the City and Contractor to accept this request. Privately owned, developed and vacant properties October 18, 2011 Page 2 Perfect Cut Lawn Care has performed successfully since the award of their contract. On October 11, 2011, Perfect Cut Lawn Care submitted a letter requesting that their contract be terminated. They provided financial reasons for the termination of this contract. It is in the best interest of the City and Contractor to accept this request. For Section 1,BIO Landscape&Maintenance is the next lowest qualified bidder. The square foot cost is $.0044. The estimated annual cost for Section 1 is $68,270. The square foot cost for Section 1 was $.00435 under the previous three-year contract awarded in 2008. Affordable Land Services from Liberty was the next lowest qualified bidder for Section 2 but chose to withdraw their bid. BIO Landscape&Maintenance is the next lowest qualified bidder with a square foot cost of$.0044. The estimated annual cost for Section 2 is $73,839. The square foot cost of the contract that was awarded for this section in 2008 was $.0046. Bid tabulation is attached. BUDGETARYIMPACT The additional $68,839 is available for this expenditure in the Code Enforcement Division's operating budget. RESOLUTION NO. WHEREAS, on August 16, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-122 awarding an annual contract for mowing privately-owned developed and vacant properties in an estimated amount of$31,180 to Perfect Cut Lawn Care, of Beaumont, Texas, for Section 1 (North of Gladys Street) and awarded an annual contract in an estimated amount of$42,090 to South East Texas Lawn & Maintenance, LLC, of Beaumont, Texas, for Section 2 (South of Gladys Street); and, WHEREAS, on October 7, 2011, South East Texas Lawn & Maintenance, LLC requested termination of the contract; and, WHEREAS, on October 11, 2011, Perfect Cut Lawn Care requested termination of the contract; and, WHEREAS, BIO Landscape & Maintenance, of Beaumont, Texas, submitted the next lowest qualified bid for an estimated amount of$68,270 for Section 1 (North of Gladys Street) in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, BIO Landscape & Maintenance, of Beaumont, Texas, submitted the next lowest qualified bid for an estimated amount of$73,839 for Section 2(South of Gladys Street) in the unit amounts shown on Exhibit"B," attached hereto; and, WHEREAS, City Council is of the opinion that the termination letters submitted by Southeast Texas Lawn& Maintenance, of Beaumont, Texas, and Perfect Cut Lawn Care, of Beaumont, Texas, should be accepted; and, WHEREAS, City Council is of the opinion that the bids submitted by BIO Landscape, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the contract termination requests submitted by South East Texas Lawn & Maintenance, of Beaumont, Texas and by Perfect Cut Lawn Care, of Beaumont, Texas, be accepted; and, THAT the bids submitted by BIO Landscape& Maintenance, of Beaumont, Texas, in the estimated amount of $68,270 for Section 1 (North of Gladys Street) and in the estimated amount of$73,839 for Section 2(South of Gladys Street)for an annual contract for mowing privately-owned developed and vacant properties in the unit amounts shown on Exhibits "A" and "B" be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contacts with BIO Landscape & Maintenance, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. - Mayor Becky Ames - •°•'"�° • ^'*^' CITY OF BEAUMONT,BEAUMONT,TEXAS BEAUMON* PURCHASING DIVISION BID TABULATION r • s - x - e—s Bid Name: Annual Contract For Mowing Privately-Owned Developed and Vacant Property(Re-Bid) Bid Number: TF0711-16 Bid Opening: Thursday,July 28,2011 at 2:00P.M. Contact Person: Terry Welch Buyer 11 Nrek�ftci.betulrx�Qf.bc_us Phone:409-880-3107 SECTION 1 Includes all properties North of Gladys Street in the Beaumont City limits Vendor. Lens'Nursery Perfect Cut Lawn Care South East Texas C Lawn S Maint, Affordable Land Services,LLC LL City/State: Beaumont,Tx Beaumont,Tx Beaumont,Tx Liberty,Tx Contact: Lance Lens Byron Jacquette Anthony Young Jake Pennington Fax: 409466-2697 409.3474166 409-813-2962 936-298-2097 Est.Annual Qty Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Desription Price for property-less than 305 cuttings S20 per $6,100.00 S16.00 / $4,880.00 $20.00 $6,100.00 $28.00 $8,540.00 6,500 sq.ft. Minimum bid per year /cutting cutting /cutting /cutting - Q a Price for property-6,500 sq. 13,000,000 $0.0014 $18200.00 $26 $32500.00$.002 5.0025 $.0041 $53,300.00 ft.or greater up to one acre. /sq.ft. /sq.ft. , /sq ft ,000.00 /sq ft , /sq ft m Price for property-one(1) 5 parcels > 1 $40 00 5300.00 $30000$60 $60 $195.0 $975.00 = acre or greater acre /acre $200. /acre /acre . /acre .00 W Total Bid: $24.SOO.00 $31,180.0 $38,900.0 $62,815.0 Bid Number: TF0711-16 Page 2 SECTION 1 Includes all properties North of Gladys Street In the Beaumont City limits Vendor. BIO Landscape&Maint. Lightfoot Enterprises,Inc. CIMA Utility Co. Yardboy Lawncere City/State: Beaumont,Tx Vidor,Tx Beaumont,Tx Beaumont,Tx Contact: Natalie Vandyken Les Lightfoot Fabian Moye' Timothy Gregory Fax: 409-842-1335 409-499-5621 409-833-7980 Est.Annual Qty Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Desription Price for property-less than 305 cuttings S35 510,675.00 $44.00 513,420.00 S40 $12,200.00 S41 $12,505.00 6,500 sq.ft.Minimum bid per year /cutting /cutting / cutting /cutting Price for property-6,500 sq. 13,000,000 sq. $.0044 5.0044 S.0056 5.0065 ft.or greater up to one acre. ft. /sq.ft. $57,200.00 /sq ft $57,200.00 /sq.ft $72,800.00 /sq.ft 584,500.00 Price for property-one(1) 5 parcels> 1 $79 S395.00 $125 $625.00 $125 $625.00 S90 $450.00 acre or greater acre /acre /acre /acre /acre Total Bid: $68,270.00 $71,245.00 $85,625.0 597,455.0 SECTION 1 Includes all properties North of Gladys Street in the Beaumont City limits Vendor. Torres Lawn Service Champion Bushhogging NorthStar Farm&Ranch Wingate Environmental,LLC City/stale•. Beaumont,Tx Beaumont,Tx Beaumont,Tx Beaumont,Tx Contact: Gustavo Torres Robert L.Kaufman Iketha Saunders Tory Wingate Fax: 409-838-0911 409-860-5274 409-833.6348 Est.Annual Qty Unit Price Ext.Price Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Desription Price for property-less than 305 cuttings $45 513,725.00 $50.05 $15,265.25 $97 $29,585.00 $25 $7,625.00 6,500 sq.ft. Minimum bid per year /cutting /cutting /cutting /cutting Price for property-6,500 sq. 13,000,000 sq. $.0069 5.0077 $.0097 S.06 r . ft. s .ft. $89,700.00 /sq ft 5100,100.00 /sq.ft 5126,100.00 /sq.ft. $780,000.00 r greater u to one ace / q ft.o g p Price for property-one(1) 5 parcels > 1 S150 $750.00 $300 $1,500.00 S97 $485.00 $45 $225. acre or greater acre /acre /acre /acre /acre 0 Total Bid: $104,175.00 $116,865.25 $156,170.00 $787,850. Bid Name: Annual Contract For Mowing Privately Owned Developed and Vacant Property(Re-Bid) Bid Number. TF0711-16 Bid Opening Thursday,July 28, 2011 at 2:00 P.M. SECTION 2 Includes all properties South of Gladys Street In the Beaumont City limits Vendor: Lens'Nursery Perfect Cut Lawn Care South East Texas Lawn&Malnt, Affordable Land Services,LLC LLC City I State: Beaumont,Tx Beaumont,Tx Beaumont,Tx Liberty,Tx Contact: Lance Lens Byron Jacquette Anthony Young Jake Pennington Fax: 409-366-2697 409-3474156 409-813.2962 936-298-2097 Est.Annual Qty Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Desriptlon Price for property- less than 399 cuttings $20 per $798000 $16.00/ $638400 $20.00/ $798000 S28.00 6,500 sq.ft.Minimum bid per year /cutting , . cutting , . cutting , . /cutting 511,172.00 Price for property-6,500 sq. 13,500,000 $0.0014 $1890000 $27 5.002 $.0025 5.0041 ft.or greater up to one acre. /sq.ft. /sq.ft. , . / sq ft ,000.00 / sq ft $33,750.00 / sq ft 555,350.00 Price for property-one(1) 6 parcels > 1 $40 $24000 $36000 $36000 S60 $60 $195.00 acre or greater acre /acre . /acre . /acre . /acre $1,170.00 Total Bid: $27,120.00 S33,744.00 $42,090.00 S67,692.00 2 m s N SECTION 2 Includes all properties South of Gladys Street In the Beaumont City limits im X Vendor: BID Landscape 8 Maint. Lightfoot Enterprises,Inc. CIMA UHBty Co. Yardboy Lawncare W City i State: Beaumont,Tx Vidor,Tx Beaumont,Tx Beaumont,Tx Contact: Natalie Vandyken Les Lightfoot Fabian Moye- Timothy Gregory Fax: 409-842-1335 409-499-5621 409-833-7980 Est.Annual Qty Desriptlon Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Price for property-less than 399 cuttings $35 $1396500 55600 960 $44.00 $40 S41 6,500 sq.ft. Minimum bid per year /cutting , . /cutting 517, . /cutting 515, .00 /cutting $16,359.00 Price for property-6,500 sq. 13,500,000 sq. $.0044 $.0044 S.0056 5.0065 ft.or greater up to one acre. ft. /sq.ft. 559,400.00 /sq ft $59,400.00 /sq ft $75,600.00 /sq ft $87,750.00 Price for property-one(1) 6 parcels> 1 $79 $474.00 $125 $750.00 $125 $750.00 S90 $540.00 acre or greater acre /acre /acre /acre /acre Total Bid: $73,839.00 S77,706.00 $92,310.00 5104,649.0 Bid Name: Annual Contract For Mowing Privately-Owned Developed and Vacant Property(Re-Bid) Bid Number: TF0711-16 Bid Opening Thursday,July 28, 2011 at 2:00 P.M. Page 2 SECTION 2 Includes all properties South of Gladys Street in the Beaumont City limits Vendor: Torres Lawn Service Champion Bushhogging NorlhStar Farm&Ranch Wingate Environmental,LLC City/Stab: Beaumont,Tx Beaumont,Tx Beaumont,Tx Beaumont,Tx Contact: Gustavo Torres Robert L.Kaufman iketha Saunders Tory Wingate Fax: 408-838-0911 409-860-5274 409-833.6348 Est.Annual QtV Desription Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Unit Price Ext. Price Price for property-less than 399 cuttings $45 $1996995 $50.05 $97 $25 6,500 sq.ft. Minimum bid per.year /cutting 517,955.00 /cutting ' ' /cutting $38,703.00 /cutting $9,975.00 Price for property-6,500 sq. 13,500,000 sq. S.0069 S.0077 5.0097 S.06 ft.or greater up to one acre. ft. /sq.ft. $93,150.00 /sq.ft $103,950.00 /sq.ft $130,950.00 /sq.ft $810,000.00 Price for property-one(1) 6 parcels > 1 $150 $900.00 S300 $1,800.00 S97 $582.00 $45 $270 acre or greater acre /acre /acre /acre /acre Total Bid $112,005.0 $125,719.95 5170,235.0 $820,245.0 QTY'S ARE FOR BID PURPOSES ONLY 3 October 18,2011 Consider approving the purchase of twenty-one patrol vehicles for use by the Police Department RICH WITH OPPORTUNITY BEAUN01 T • 2 • a • • • City Cauncii Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Offaerf-) MEETING DATE: October 18,2011 REQUESTED ACTION: Council consider approving the purchase of twenty-one (21)patrol vehicles for use by the Police Department. RECOMMENDATION The administration recommends approval of the purchase from Philpott Motors of Nederland in the amount of$489,916.14. BACKGROUND Pricing for the equipment was obtained through the Houston-Galveston Area Council. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price of$489,916.14 includes the H-GAC administrative fee of$600. All twenty-one.(21)patrol vehicles requested will replace units that are used in daily operations by the Patrol Division. The vehicles to be replaced are on a scheduled reps cycle in order to keep serviceable vehicles available at all times. The replaced vehicles may be disposed of according to the City's surplus property disposal polices or relocated to other divisions. The new vehicles are 2011 Ford Crown Victorias with the police package. Standard warranties of 36,000 miles or three(3)years are provided for each new vehicle. The warranty service is provided by the local authorized dealership. Delivery is expected within thirty(30)days. BUDGETARY EWPACT Funds are budgeted in the Capital Reserve Fund. 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 approve the purchase of twenty-one (21) patrol vehicles for use by the Police Department from Philpott Motors, of Nederland, Texas, in the amount of $489,916.14 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2011. - Mayor Becky Ames -