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 -