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PACKET FEB 05 2013
RICH WITH OTTORTO#ITT BEAUM0w12* T • $ - Z • A 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 5,2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—January 29, 2013 * Confirmation of committee appointments A) Approve a resolution authorizing the purchase of two pickup chassis for the remount of ambulance boxes B) Approve a resolution authorizing the City Manager to execute all documents necessary for an agreement between the Southeast Texas Regional Advisory Council and the Beaumont Public Health Department EMS Division C) Approve a resolution granting consent to the establishment of Jefferson County Emergency Services District No. 4 D) Approve a resolution authorizing the City Manager to sign a Highway-Rail Signal Interface Agreement between the City of Beaumont and BNSF Railway Company A RICH WITH OPPORTUNITY [IEAUMON* T • B • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 5, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of two (2)pickup chassis from Philpott Motors of Nederland for the remount of ambulance boxes. BACKGROUND Pricing for the pickup chassis was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. The cost of each chassis is $33,610.61, resulting in a total purchase price of$67,221.22. Beaumont EMS operates ambulances consisting of an ambulance box module on a heavy-duty pickup chassis. Periodically the ambulance box is refurbished and the chassis replaced, giving the ambulance unit a much longer service life. The Fiscal 2013 budget provides for two ambulance units to be refurbished and remounted. The newly refurbished ambulances will replace units 7141 and 7142 which are no longer cost- effective to maintain due to age and condition. The new units will go into service as front line units. The old pickup chassis will be disposed of according to the City's surplus equipment disposal policies. Standard warranty for the pickup chassis is three (3)years or 36,000 miles. Warranty service is available from the dealer. Delivery is expected within sixty(60) days. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase of two (2) pickup cab chassis from Philpott Motors, of Nederland, Texas, in the amount of $67,221.22 through the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing Program for remount of ambulance boxes for use by Emergency Medical Services(EMS). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of February, 2013. - Mayor Becky Ames - B RICH WITH OPPORTUNITY 1 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer,'Public Health Director MEETING DATE: February 5, 2013 REQUESTED ACTION: Council consider a resolution approving the City Manager to execute all documents necessary for an agreement between the Southeast Texas Regional Advisory Council (SETRAC) and the Beaumont Public Health Department EMS Division. BACKGROUND The Department of State Health Services has announced that beginning January 1, 2013 EMS agencies wishing to deploy to disasters and receive reimbursement for disaster response must have a Resource Memorandum of Agreement with the area Emergency Medical Task Force(EMTF)Lead Regional Advisory Council(RAC). Beaumont's agreement would be with Southeast Texas Regional Advisory Council (SETRAC). Only those jurisdictions that have signed agreements in place with SETRAC will be eligible for reimbursement. Throughout the year, SETRAC will provide training to assist each agency with timely completion and prompt payment of claims. Mission tasking will be based upon the capability of Beaumont EMS and may be accepted or declined at the time of the request. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into a Resource Memorandum of Agreement between the City of Beaumont EMS Division and Southeast Texas Regional Advisory Council (SETRAC) for the utilization and coordination of emergency medical resources and assets in the event of an emergency or disaster. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of February, 2013. - Mayor Becky Ames - I I TX EMTF MOA 09/25/2012 TEXAS EMERGENCY MEDICAL TASK FORCE RESOURCE MEMORANDUM OF AGREEMENT This Texas Emergency Medical Task Force Memorandum of Agreement ("TX EMTF MOA") is entered into by and between a Department of State Health Services-designated Lead Regional Advisory Council ("Lead RAC") SouthEast Texas Regional Adviso Council (SETRAC , properly authorized to do business in the state of Texas, an Ws a Resource hereafter referred to as Resource that wishes to participate as a member of Emergency Medical Task Force ("EMTF") in Region 6 (collectively, "the Parties"). 4 TERM: Ongoing until cancelled by either parry with notice to the other. 507) Purpose: The purpose of this TX EMTF MOA is to establish a mechanism for the utilization and coordination of emergency medical resources and assets in the event of an emergency or disaster, for training purposes, or any other purpose as determined by the Lead RAC, EMTF Region, or DSHS. Assets may be those in the possession of the Hospital Preparedness Program (HPP) "Contractor" or "Subcontractors," as well as others identified through local and regional planning efforts and subcontractor agreements. Additional purpose statements are included in subsequent sections, appendices, and addenda of this document that relate to specific equipment, supplies, and personnel. 508) Activation & Documentation: A) Activation 1) This agreement may be activated for a State tasked deployment, only by written notification (the "State Mission Assignment') by the designated DSHS SMOC Director or his/her designees. 2) This agreement will be activated by written notification (the "State Mission Assignment')by the designated Lead RAC official. 3) Activation, pursuant to this TX EMTF MOA, may occur at any time, day or night including weekends and/or holidays, only after an official written State Mission Assignment has been sent to the designated Agencies contact(s). 4) The Resource acknowledges that assets and/or resources may be requested for activation for any purpose in Section 1. 5) Lead RAC will reimburse the Resource the amount funded to the Lead RAC by 1 EXHIBIT "A" TX EMTF MOA 09/25/2012 DSHS, after submission of completed required documentation per this agreement, for actual costs allowable by DSHS incurred in order to make the assets and/or resources ready for deployment and all allowable costs incurred under the State Mission Assignment, from the time of activation through demobilization as per the Reimbursement section of this agreement(Section 5). 6) The Resource must acknowledge receipt of the State Mission Assignment within one (1) hour and must accept or decline the Mission within two (2) hours of receipt. Upon acceptance of the State Mission Assignment,the Assets must be enroute to the designated mission within the parameters of the State Mission Assignment. 7) For cost reimbursement purposes, the Mission will start when the Asset is activated to be "made-ready" for deployment and will conclude at the time the deployed Asset is ready for re-deployment from its home base after the Lead RAC issues a Demobilization Order or the terms of the State Mission Assignment have been met. 8) The State Mission Assignment will include,at a minimum,the following: (a) Authorization to activate; (b) List of resources or assets requested; (c)Number and qualifications of personnel for the activation; (d) Reimbursement processes for personnel & resources activated, including backfill as defined in Appendices A-D. (e) Description of activities(including purpose, location to report, etc.); and (f) Expected duration of the deployment. B) Documentation Within four (4) hours of acceptance of the activation, the Resource will receive the official packet containing the State Mission Assignment and reimbursement forms. 509) Terms& Community Support: A) Terms 1) The Lead RAC shall: (a) Activate sufficient In-place assets, to include personnel, to effectively implement the State Mission Assignment. (b) Efficiently notify and deploy Agencies as defined in the State Mission Assignment. (c) Ensure all Agencies have a current, executed TX EMTF MOA in place at the time of Activation. (d) Assure detailed records of expenditures and time spent by Deployed and In-place Assets are complete, accurate, and have adequate supporting documentation as determined by DSHS. (e) Establish and maintain a roster of all deployed personnel and resources to facilitate accountability. (f) Maintain a list of Resource contacts and back-ups for Activation and Mutual Aid purposes, including name, e-mail address, and primary/secondary phone numbers. (g) Maintain a list of 24/7 contact information for all activated Agencies. 2 TX EMTF MOA 09/25/2012 2) The Resource shall: (a) Certify that all assets (personnel, resources, and equipment) meet all licensing, training and certification requirements related to his/her/its particular profession and/or mission. (b) Make necessary travel arrangements for its deployed assets. Travel reimbursement will be at State of Texas rates unless otherwise agreed in writing prior to deployment. (c) Ensure deployed personnel are rostered as employees of the Resource. 3) Term of this agreement (a) Term of this agreement shall begin on the date TX EMTF MOA is signed by the second of the two Parties. This TX EMTF MOA may be terminated by either Party with thirty(30)days written notice to the other Party. B) Community Support 1) This agreement is not intended to replace any mutual aid agreements or compacts that a Resource legally has in place in support of its community. 510) Legal Liability& General Financial Liability: A) Legal Liability 1) Resource shall have no right, and does by this agreement waive its right,to file a claim(s) against DSHS, the State of Texas, and the Lead RAC for any personal or property injuries, damages or requests for State subrogation for any tort that they may incur during activation or arising therefrom, or any other claims filed against them as a result of their activities during activation. DSHS, the State of Texas, and the Lead RAC do not waive any immunity from suit or liability that they may have under state/federal laws and the Texas constitution notwithstanding the above. To the extent that Resource is a local governmental entity, unit of State government, or a Texas political subdivision, the waivers provided herein are further subject to state law and the Texas constitution which may make them unenforceable in whole or in part. 2) Resource shall assume responsibility for liability claims, malpractice claims, disability claims, workers' compensation claims, attorneys' fees, and other incurred costs. 3) Resource shall assume responsibility for their own acts of negligence. B) Financial Liability 1) The Resource shall continue to assume legal and financial responsibility of the personnel and equipment during the time of activation or deployment. 3 TX EMTF MOA 09/25/2012 511) Reimbursement: A) Summary DSHS, in conjunction with the EMTF program, is committed to timely reimbursement of EMS agencies and other entities that provide resources and personnel in times of disaster activation. The steps below outline the process for DSHS to reimburse the provider within 45 days after a complete and accepted reimbursement packet is received at DSHS. EMS agencies are encouraged to file their reimbursement packets through their Lead RAC as quickly as possible to ensure timely reimbursement from DSHS and no later than 6(six)months after the demobilization. The 45 day reimbursement timeline will begin only after a completed and accepted reimbursement packet is accepted at DSHS. B) Process 1) The Resource submits reimbursement packet to the Lead RAC 2) Lead RAC review the Packet for completeness (a) If complete,the Lead RAC will invoice DSHS and include the packet for reimbursement (b) If not complete,the Lead RAC will work with the Resource to complete the packet then submit and invoice with the packet for reimbursement. 3) DSHS will review the packet received (a) If complete,DSHS will provide reimbursement to the Lead RAC. (b) If incomplete, (i) DSHS will work with the Lead RAC, or directly with the Resource if appropriate,to identify the corrective action needed. (ii) Once complete,DSHS will provide reimbursement to the Lead RAC. (c) After receipt of the reimbursement from DSHS,the Lead RAC will provide reimbursement to the Resource. 512) Credentialing: A) The Resource shall certify that all personnel meet all licensing, training and certification requirements related to his/her particular profession and/or mission. B) When responding to a licensed hospital/healthcare facility, the authorized administrator (or designee), of the requesting/impacted facility, shall be responsible for providing a mechanism for granting emergency credentialing privileges for physicians, nurses, and other licensed or certified healthcare providers to provide services. 4 TX EMTF MOA 09/25/2012 513) Ambulance Strike Teams: A) Purpose: 1) The purpose of this section is to establish a mechanism to mobilize properly staffed and equipped Ambulances to be deployed in an Ambulance Strike Team (AST) configuration(five (5) ambulances and an AST Leader)or other configurations as deemed appropriate for the mission(i.e. individual ambulance resources) as provided for in this TX EMTF MOA. 2) The Lead RAC has been tasked to enter into MOU/MOAs with EMS Agencies to provide a minimum of five(5)ASTs from its EMTF regional area. B) Terms for Agencies; 1) The Resource and its assets must meet the following criteria: (a) Must be DSHS Licensed EMS Provider (b) Must have at least twelve (12)months of experience providing local and/or long distance emergency medical services to live human beings in the State of Texas. (c) Must maintain a business office within the boundaries of the State of Texas. (d) Must adhere and abide by all federal, state and local laws and must adhere and abide by the Texas Health& Safety Code, Chapter 773, Emergency Medical Services and the Texas Administrative Code, Title 25: Health Services, Chapter 157: Emergency Medical Care during the time of its deployment to provide mutual aid in a pending or actual disaster and must adhere and abide by all laws and rules at all times. (e) Must keep detailed records (utilizing the DSHS and/or Lead RAC packet of documents/forms)of the services requested and fulfilled, and provide those records, as requested,to the Lead RAC to include,but not be limited to: (i) Patient Care Records; (ii) Patient demographics, including patient(s)insurance information; (iii) A Time Log Record form of activities (f) Must keep all receipts of expenditures during deployment,and submit all requested information for reimbursement on the provided documentation for prompt reimbursement under this TX EMTF MOA. (g) Must be required to be self-sufficient for 72 hours and should be aware that personnel could be living in austere field conditions. (h) Resource must meet DSHS requirements for minimum, lawful staffing per that DSHS licensed ambulance level. (i) This TX EMTF MOA calls for each ambulance to have the minimum number of individual crew members as required by license, per vehicle deployed. Additional crew or support staff members, and any vehicles they may require,must be included in the State Mission Assignment to be eligible for reimbursement. (j) The DSHS Licensed ambulance provider must bill primary sources of 5 TX EMTF MOA 09/25/2012 reimbursement, such as Medicaid, Medicare,private insurances or third parry providers before sending an invoice to the Lead RAC. The DSHS Licensed ambulance provider must submit to the Lead RAC within ninety(90)days proof of denial,proof of payment,or request for reimbursement for each patient that is transported. ** This requirement may only be excused by DSHS issuing a statement or memorandum of such to the Lead RAC for this activation. The provider must reimburse DSHS if they receive primary source or third party reimbursement after receiving payment from DSHS. (k) EMS Provider will be reimbursed at the rates in Appendix A. 514) Professional Staff: A) Purpose: The purpose of this section is to establish a mechanism whereby certified or licensed professional medical or support staff may be deployed to provide various clinical or support services as requested by the Lead RAC. B) Description 1) As the Lead RAC enters into MOU/MOAs with DSHS EMS Providers for EMS Staffing. The following list is representative of the principle tasks EMS Personnel might be activated to accomplish: (a) Medical support provided on buses(coach type bus or school bus) designated to evacuate individuals with medical needs(estimated to be from 2 to 5 EMS Personnel and/or nursing staff per bus). Bus evacuees will primarily be from hospitals, nursing homes, or are the general public who have medical needs and require medical oversight during evacuation,but do not meet ambulance transport criteria. (b) Field supervision or ASTLs who will manage Ambulance Strike teams comprised of 5-7 ambulances and or AMBUS(es) and will report to the appropriate Incident Command structure. (c) Uniquely tasked EMS personnel who will serve at any level in the Governor's Division of Emergency Management Incident Command structure as assigned. This could include an air/ground coordination team in a DDC, Medical Incident Support Team(M-IST)members,the State Operations Center or Medical Operations Center,a Regional Medical Operations Center, or in the disaster zone,and will be responsible for managing strike team leaders,task forces, and some individual ambulance assets. (d) Ambulance staging management and support. 2) As the Lead RAC enters into subcontracts with other entities or individuals to provide professional medical staffmg(physicians,nurses,other medical professionals),technical and support services that would be used in the deployment of any asset requested by DSHS,the EMTF Region,or the Lead RAC, the following list is representative of the types of assets that might be activated to accomplish the mission: (a) Mobile Medical Units (MMUs)as outlined in this agreement. (b) Other mobile shelters, vehicles, or trailers that may be used for command, communications, storage, and any other identified reason in support of the mission identified by DSHS. 6 TX EMTF MOA 09/25/2012 C) Terms for Resource; 1) The Resource and its assets must meet the following criteria: (a) If the Professional Staff is deployed to provide patient care,his or her organization must have at least 12 months of continuing experience providing medical services to live human beings in the State of Texas or being an employee of an existing hospital providing direct patient care. (b) Must maintain a business office within the boundaries of the State of Texas. (c) Must abide by all federal, state, and local laws. (d) Will only deploy staff upon receipt and under the terms of the State Mission Assignment as described in Section 2: Activations&Documentation. (e) Will only deploy Resource employed staff as follows: (i) EMS personnel must be currently certified or licensed in Texas at the EMT-Basic level or above and who have no disciplinary actions pending or under investigation that the Resource is aware of. (ii) Registered Nurses must be currently and routinely practicing in an acute care environment providing direct patient care and who have no disciplinary actions pending or under investigation that the Resource is aware of. (iii) Physicians must be affiliated with a healthcare Resource(either directly or through a physician's group) and have no disciplinary actions pending or under investigation that the Resource is aware of. (iv) Any other clinical staff must be employed by a healthcare Resource in a position with the same scope of practice as their role in the activation and have no disciplinary actions pending or under investigation that the Resource is aware of. (v) Any non-clinical staff must be also employed by the Resource. (f) Will deploy the personnel ordered by DSHS in configurations designated by the State Mission Assignment. (g) Medical procedures undertaken by deployed EMS staff will be according to protocols approved by the Resource's Medical Director. The MMU will be under the direction of a physician on site. (h) Must assure detailed records of expenditures and time spent by deployed staff are complete, accurate, and have adequate supporting documentation. (i) Will ensure deployed personnel are self-sufficient for 72 hours or as detailed in the State Mission Assignment and should be aware that they could be living in field conditions. 0) Must ensure that all deployed staff carries proof of his or hers individual certifications and/or licenses as a Texas healthcare professional and a form of picture identification with them at all times. (k) Must assume responsibility for liability claims, malpractice claims, disability claims, workers compensation claims, attorneys' fees, and other incurred costs. 7 TX EMTF MOA 09/25/2012 515)Mobile Medical Units,Equipment, and Supplies: A) Purpose: 1) The purpose of this section is to establish a mechanism for Mobile Medical Units("MMUs"),which may include clinical personnel, support personnel, equipment or any combination of the above per the State Mission Assignment,to be deployed for any purpose defined in the TX EMTF MOA B) Description: 1) The Lead RAC may enter into Subcontracts with other RACs,hospitals, governments, or other entities to provide one or more MMUs to meet the Purpose of this TX EMTF MOA incl$ding: (a)Non-critical care capability (b) Emergent care capability (c) Temporary healthcare infrastructure (d) Isolation capability, or as a (e) Physical structural asset C)Minimum requirements for a fully staffed MMU: 1) (Clinical and Support staffing)are: (a) Sixteen bed capacity (b) Staffing of teams sufficient to support MMU operations based on capability as defined in the State Mission Assignment (c) Minimum staffing per shift for each team includes clinical and logistics staffing as defined for the primary mission in the State Mission Assignment and consistent with DSHS typing. (d) Clinical Staff may include MD/DOs,RNs, Paramedics/EMTs,MLPs (PAs/APRNs), Pharmacy Technicians, clerks, etc. (e) Logistics/Support Staff to support maintenance, electrical,HVAC, communications,transportation, set-up, and demobilization as agreed to by DSHS at the time of mobilization (f) Supplies sufficient to fulfill primary mission per the State Mission Assignment for 72 hours (g) The Resource will schedule its MMU assets and estimated deployment costs in Appendix D. 516) AMBUS(es) A) Purpose: 1) The purpose of this section is to establish a mechanism whereby properly staffed and equipped AMBUS(es)may be deployed for mass transportation and/or care of sick and/or injured persons or to provide aid in a pending or actual disaster as provided in this TX EMTF MOA. B) Description: 1) The Lead RAC may enter into MOU/MOAs with EMS Providers,hospitals, RACs or governmental entities which: (a) Possess an AMBUS(es). (b) The AMBUS will be licensed as a Specialty EMS Vehicle by DSHS. 8 TX EMTF MOA 09/25/2012 (c) The AMBUS will be staffed with trained and credentialed staff sufficient to maintain operations (d) The minimum staffing per shift are: (i) Properly licensed vehicle driver (ii) Crew Chief (iii) 2—Paramedics (iv) 2—EMTs or above (e) The Resource will provide its AMBUS asset(s)list and estimated deployment cost with Appendix B. 517) Miscellaneous A) State Law. If state law applicable to the relationship between Resource and Lead RAC contains additional or more stringent requirements than federal law regarding any aspect of PHI privacy,then the Parties agree to comply with the higher standard contained in applicable state law. B) Consideration. Each Party recognizes that the promises it has made in this Agreement shall,henceforth,be relied upon by the other Parry in choosing to continue or commence a business relationship with the other Party. C) Modification. This Agreement may only be modified through a writing signed by the Parties and,thus,no oral modification hereof shall be permitted.The Parties agree to take such action as is necessary to amend this Agreement from time to time as may be required by federal or state law. D) Acceptance of Mission. Each Party understands and agrees that a Resource has the ability to accept or reject a Mission. E) Notice to Lead RAC.Any notice required under this Agreement to be given to the Lead Resource shall be made in writing to: Lead RAC: SouthEast Texas Regional Advisory Council Attn. to: Lori Upton, Director of Preparedness Address: 1111 North Loop West, Suite 160 City, State: Houston, Texas Zip: 77008 9 TX EMTF MOA 09/25/2012 IF) Notice to Resource.Any notice required under this Agreement to be given Resource shall be made in writing to: CITY OF BEAUMONT PUBLIC HEALTH EMS Name and Title 2870 LAUREL ST BEAUMONT, TX 77702 With copy to: G) Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Texas without regard to choice of law. H) Transfer or Assignment 1) This agreement may be assigned or transferred,if a new Lead RAC is assigned, without requiring the Agency to resign the agreement. The newly designated Lead RAC will send a notice to the Resource with a current, printed copy of the MOA and a NOTICE advising the Resource of the new Lead RAC. 2) The NOTICE will include the new Lead RAC information(SECTION 11-E) 3) The NOTICE will also include a new Signature section as executed by the new Lead RAC 4) Otherwise,neither party may assign,transfer,delegate, or sublicense any of its rights or obligations under this Agreement without the prior written consent of the other party n Entire Agreement. This Agreement constitutes the complete agreement between the Parties relating to the matters specified in this Agreement, and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. No oral modification or waiver of any of the provisions of this Agreement shall be binding on either Parry. 10 TX EMTF MOA 09/25/2012 IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing,the Parties affix their signatures hereto SETRAC Lead RAC Abbreviation SouthEast Texas Regional Advisory Council CITY OF BEAUMONT PUBLIC HEALTH EMS Lead RAC Legal Name Resource Legal Name Signature Signature Darrell Pile Printed Name Printed Name Chief Executive Officer Title Title Date Date 11 TX EMTF MOA 09/25/2012 APPENDIX A The TX EMTF reimbursement rates effective during the term of this Agreement for the various Assets described are listed below. Any Asset not described or any deviation from these amounts should be specifically included in the State Mission Assignment at the time of the deployment. 47) Allowable costs for EMS Assets: A) Lead RAC will coordinate reimbursement of a base rate for: BLS,ALS, and MICU ambulances as per the current fee schedule. B)with Volunteer Personnel: 1) Lead RAC will reimburse: (a) Labor Rate of. (i) $20.00 for paramedic, (ii) $17.50 for EMT Intermediate, (iii) $13.50 for EMT basic for each hour the staff are deployed,plus overtime at time and a half the established rate for any hours worked over 8 within each 24 hour period. (b) Personal Cost: Maximum of$50.00 per crew member per deployment (Total of$100.00 per two member crew) for items needed for the crew to be self-sufficient during the deployment. These items may include food,water, and personal care items. The DSHS EMS Licensed Provider must keep receipts for these items and must submit them to the Lead RAC when the DSHS EMS Licensed Provider submits an invoice to the Lead RAC. C) Resource with Paid Personnel: 1) Lead RAC will reimburse: (a) Actual labor costs (b) Fringe benefits for two (2) crew members per ground ambulance. (c) The overtime cost(1/2 time)of staff required to fill the regular scheduled shift of staff deployed. (d) Personal Cost: Maximum of$50.00 per crew member per deployment (Total of$100.00 per two member crew) for items needed for the crew to be self-sufficient during the deployment. These items may include food,water, and personal care items. The DSHS EMS Licensed Provider must keep receipts for these items and must submit them to the Lead RAC when the DSHS EMS Licensed Provider submits an invoice to the Lead RAC (e) Repair of damaged equipment; if applicable. Ambulance Reimbursement Table Item Metric BLS ALS MICU Vehicle—one Ambulance Per hour $35.00 $40.00 $40.00 Per Diem—based on$35.00 per day/per person of a two person Per hour $2.92 $2.92 $2.92 Amb.crew or six person AMBUS crew Medical Supplies Cost—Based on daily rates(BLS $240.00 per Per hour $10.00 $12.00 $15.00 day each)(ALS $288.00 per day eachxMICU or AMBUS $360.00 per day each Reimbursement Rates Per hour $47.92 $54.92 $57.92 12 TX EMTF MOA 09/25/2012 APPENDIX B The TX EMTF reimbursement rates effective during the term of this Agreement for the various Assets described are listed below. Any Asset not described or any deviation from these amounts should be specifically included in the State Mission Assignment at the time of the deployment. 47) Allowable costs for AMBUS Assets: A) Lead RAC will Reimburse: 1) Uncompensated salary costs of staff to "make ready" the Assets for deployment once the State Mission Assignment has been issued; documentation must be submitted for proof of payment; 2) Actual hourly labor costs of deployed staff plus fringe benefits 3) The overtime cost(1/2 time)of staff required to backfill the regular scheduled shift of staff deployed 4) Fuel; 5) Shipping/transportation fees; 6) Daily usage fee; 7) Actual cost for food and lodging will be reimbursed at the rates established by the State Comptroller; 8) Personal mileage from home to deployment site and return at a rate per mile as published by the State Comptroller for the time period specified or other specific travel costs; 9) Use of rented vehicles will only be reimbursed at the rental rate as established by the State Comptroller or as approved in the State Mission Assignment; 10) Use of personal vehicles will only be reimbursed for mileage using the mileage rates currently in effect at the time of deployment as published by the State Comptroller's office. No other expenses related to the use of personal vehicles will be reimbursed; 11) Repair of damaged equipment; if applicable. AMBUS Reimbursement Table Item Per Hour Per Da AMBUS $40.00 $960.00 Per Diem—based on$35.00 per day/per person $8.75 $210.00 of a six person AMBUS crew Supplies $15.00 $360.00 Reimbursement Rates $63.75 $1530.00 13 TX EMTF MOA 09/25/2012 APPENDIX C The TX EMTF reimbursement rates effective during the term of this Agreement for the various Assets described are listed below. Any Asset not described or any deviation from these amounts should be specifically included in the State Mission Assignment at the time of the deployment. 47) Allowable costs for Professional Staff Assets: A) Lead RAC will reimburse: 1) Paid staff: (a) Actual hourly labor cost of deployed staff plus fringe benefits. (b) Personal mileage from home to deployment site and return at a rate per mile as published by the State Comptroller for the time period specified or other specific travel costs (airline travel,rental vehicle,parking, etc.). (c) The overtime cost(1/2 time)of staff required to fill the regular scheduled shift of staff deployed. 2) Vehicles (a) Resource-owned vehicles that will be used during deployment for field supervision or team leaders will be reimbursed at daily FEMA established rate per hour for vehicle type. (b)Use of rented vehicles will only be reimbursed at the rental rate as established by the State Comptroller or as approved in the State Mission Assignment; (c) Use of personal vehicles will only be reimbursed for mileage using the mileage rates currently in effect at the time of deployment as published by the State Comptroller's office. No other expenses related to the use of personal vehicles will be reimbursed. 3) Support trailers or Vehicles (a) Resource owned vehicles or trailers that are not supervisor vehicles may be used by deployed personnel if approved on the State Mission Assignment. Reimbursement for these Assets shall be reimbursed at the current FEMA published rate. 4) Repair of damaged equipment; if applicable. 14 TX EMTF MOA 09/25/2012 APPENDIX D The TX EMTF reimbursement rates effective during the term of this Agreement for the various Assets described are listed below. Any Asset not described or any deviation from these amounts should be specifically included in the State Mission Assignment at the time of the deployment. 47) Allowable costs for MMU Assets: A) Lead RAC will Reimburse: 1) Uncompensated salary costs of staff to "make ready" the Assets for deployment once the State Mission Assignment has been issued; documentation must be submitted for proof of payment; 2) Uncompensated salary costs of staff deployed with assets for set up and management; documentation must be submitted for proof of payment; 3) Actual hourly labor costs of deployed staff plus fringe benefits; 4) The overtime cost(1/2 time)of staff if required to backfill the regular scheduled shift of staff deployed. 5) Fuel; 6) Shipping/transportation fees; 7) Daily usage fee; 8) Actual cost for food and lodging will be reimbursed at the rates established by the State Comptroller; 9) Personal mileage from home to deployment site and return at a rate per mile as published by the State Comptroller for the time period specified or other specific travel costs; 10) Use of rented vehicles will only be reimbursed at the rental rate as established by the State Comptroller or as approved in the State Mission Assignment; 11) Use of personal vehicles will only be reimbursed for mileage using the mileage rates currently in effect at the time of deployment as published by the State Comptroller's office. No other expenses related to the use of personal vehicles will be reimbursed 12) Supplies used; and 13) Repair of damaged equipment; if applicable. 15 TX EMTF MOA 09/25/2012 Appendix E DEFINITIONS Ambulance—an EMS vehicle that is licensed as an"ambulance"in the State of Texas to the level designated or an EMS vehicle from another state that has been given legal authority by the State of Texas to operate as licensed ambulance in Texas during the current event. Ambulance Strike Team(AST)—a configuration of five like-typed Ambulances with an Ambulance Strike Team Leader. ASTs are typed by capability. Ambulance Strike Team Leader(ASTL)—an ASTL credentialed EMS individual, approved by DSHS,assigned to function in a supervisory capacity over EMS resources (usually ASTs),with appropriate, separate transportation. AMBUS—an Ambulance Bus which is licensed as a"specialty vehicle"ambulance in the State of Texas. Assets—collectively all personnel, equipment, supplies, and services that may be deployed, utilized,or coordinated by the Parties under this TX EMTF MOA, including RAC staff. Contractor—an organization that is a Contractor with DSHS for the purposes of managing the Hospital Preparedness Program in a Trauma Service Area. Deployed Assets—any Asset activated to respond to a State Mission Assignment. District Disaster Committee—as defined by the Texas Government Code, it is the coordination point for the disaster districts within the State and the point of local coordination between an RMOC and the Governor's Division of Emergency Management Incident Command Structure. DSHS—Texas Department of State Health Services Emergency or Disaster—any incident declared as an"emergency"or a"disaster"by the State of Texas. May be used independently or collectively. EMS Personnel—an EMS professional licensed or certified by DSHS,to include EMT, EMT-I,EMT-P and Licensed Paramedics. EMS Provider—an agency licensed in the State of Texas to provide ambulance service. In-place Assets—any Asset activated in support of the RAC's ability to implement this TX EMTF MOA. 16 TX EMTF MOA 09/25/2012 Lead RAC Activation—the initiation of the terms of this TX EMTF MOA by a State Mission Assignment from the Lead RAC as authorized in Section 2 A of this document. Lead RAC State Mission Assignment—the mobilization paperwork authorizing the response of the Resource as specified in the State Mission Assignment. Mission—the Asset specified objectives, goals, etc. as outlined in the State Mission Assignment, including but not limited to destinations,tasks, command support roles,etc. Mobile Medical Unit(MMU)—a rapidly deployable structure capable of providing medical care in a 16 bed configuration,to include the infrastructure support and staff for its set up and operational use. An MMU alone does not automatically include a clinical staff. A"Staffed MMU" includes the clinical staff configuration. Parties—the Parties to this TX EMTF MOA, specifically the designated, signing Lead RAC and the Resource. RAC—an authorized Regional Advisory Council designated by DSHS Regional Medical Operations Center(RMOC)—a regional medical coordination center, managed at the RAC or multi-RAC (EMTF region)level, in coordination with the Governor's Division of Emergency Management Incident Command Structure to include local DDCs,the SOC, and the DSHS State Medical Operations Center(SMOC). RN Strike Team(RNST)—a configuration of five like-typed Registered Nurses of which one will be the RN Strike Team Leader. RNSTs are typed by capability. Staffed MMU—a clinically staffed, 16 bed capable,rapidly deployable Mobile Medical Unit, utilizing the staffing requirements as approved by DSHS State Mission Assignment--paperwork authorizing mobilization response of Resources Subcontract(s)—the agreement(s) made by the RACs to implement this TX EMTF MOA or manage HPP resources. Subcontractor—a Resource that is a subcontractor with a RAC for the purposes of implementing this TX EMTF MOA or managing HPP resources. Training Events—an event approved under this TX EMTF MOA to activate Assets for the purposes of readiness and education of team members. TX EMTF MOA—this specific Memorandum of Agreement Warning Order—the initial written notice of a pending State Mission Assignment from DSHS notifying the Lead RAC of the possibility of Activation and possible request to determine the initial availability of Assets. 17 TX EMTF MOA 09/25/2012 Appendix F Asset.Information The following information is needed for planning purposes only. These numbers are not binding. Each Agency will have the option to accept or reject each deployment. Each Agency will also determine the quantity of assets available to deploy. Please do NOT provide minimal numbers but provide the most accurate estimate of what could be deployed when called upon, if in a scenario that will have minimal impact locally. The planning numbers should allow Coastal agencies to give real numbers of what could send to a wildfire understanding the same assets could not be provided in a Hurricane situation. Agencies will have the ability to deploy more or less than the planning numbers listed below. Agency Name: CITY OF BEAUMONT PUBLIC HEALTH EMS Provider/License#: 123001 Agency Mailing Address: 2870 LAUREL ST Agency City: BEAUMONT Agency State: TX Agency Zip: 77702 Agreement Signatory: What Position(and above) can approve Deployments Deployment Contact#: Deployment Email to: Expiration/Renewal Date: 03/31/2014 Does each deployable EMS Unit have a VHF Mobile radio (Not HT)with TX InterOp channels? (__VHF-Yes) ( VHF-No) 18 TX EMTF MOA 09/25/2012 # TX MICUs #Task Force Leaders # Type I ALS w/HazMat #EMS Group Supervisors: #Type II ALS non-HazMat #Doctors: #Type III BLS w/HazMat #Mid-Level Practitioners: #Type IV BLS non-HazMat #Nurses: #Paramedics(non on AMB/AMBUS): # Strike Team Leader #EMT-Intermediate(not on #Command Center AMB/AMBUS): #EMT-Basic (not on AMB/AMBUS): #AMBUS #Tech: # Mobile Medical Unit # Clerk #Logistical Crewman: # Support Trailer # Command Staff: #M-IST(Medical Incident Support): #ASM(Ambulance Staging Manger): 19 TX EMTF MOA 09/25/2012 20 c RICH WITH OPPORTUNITY BEAUMON* T • E • a • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 07 PREPARED BY: Jim Thompson, Director of Management Operations MEETING DATE: February 5, 2013 REQUESTED ACTION: Council consider a resolution granting consent to the establishment of Jefferson County Emergency Services District No. 4. BACKGROUND At a Work Session held on January 29, Joshua Heinz discussed the establishment of Jefferson County Emergency Services District No. 4 to serve the population located in the unincorporated area south of the City of Beaumont. State law requires the District to request the City's consent, since it proposes to include territory located within the City of Beaumont's extraterritorial jurisdiction(ETJ). Mr. Heinz has worked with staff to be certain that the proposed district lies outside the City's corporate limits and does not overlap the City's industrial districts. Additionally, all territory east of West Port Arthur Road and the federal prison are excluded. RECOMMENDATION Approval of resolution. ■/ W mw 11 # d�J O ys�= In a EJ La 1 i PY' O w . , ' , FAUST Engineering and Surveying, Inc. Profasslonal BMW Rake o mi Surveyors Talq*l WN$133410 E-MML ADONSS INFOOFAUSiEWCOM Fan(409)$13.30$4 2SZS Colder Strad $eauna4 Texas 77702 Surveying Fern MrNtrafbn No.1000" Enomwring Finn Roodration No.4$00 METES AND BOUNDS DESCRIPTION FOR THE JEFFERSON COUNTY EMERGENCYSERVKES OlMiCT NO.4 JEFFERSON COUNTY,TEXAS JOMMFY 18,2012 BEGINNING at a point at the intersection of South China Road and Highway 365; said point being on the southerly line of the Jefferson County Emergency Services District No. 3 (JCESD No. 3) as described in a resolution confirming district boundaries recorded in Cierk's File No.2012005615 of the Official Public Records of Jefferson County,Texas; THENCE Northeasterly along the meanders of the southerly line of said JCESD No. 3 to a point on the westerly line of the city limits of the City of Beaumont; THENCE Southeasterly along the meander of the southerly line of the city limits of the City of Beaumont to a point where the said southerly line intersects the center line of West Port Arthur Road; THENCE Southeasterly along the centerline of West Port Arthur Road to a point where the city limits of the City of Beaumont Intersects the centerline of West Port Arthur Road; THENCE Southwesterly along the meander of the southerly line of the city limits of the City of Beaumont to a point of intersection in the centerline of West Port Arthur Road; THENCE Southeasterly along the centerline of West Port Arthur Road to a point in the northerly line of the city limits of the City of Port Arthur; THENCE Southwesterly along the meanders of the westerly city limits of the City of Port Arthur to a point in the centerline of Taylor's Bayou;said point being the most southwesterly point of the city limits of the City of Port Arthur within Taylor's Bayou; THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou to a point at the intersection of Taylor's Bayou and Taylor's Bayou Diversion; 120391 Metes and BoundsA= 1 Description of JCESD No.4 THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou Diversion to a point at the intersection of Taylor's Bayou Diversion and Taylor's Bayou Outfall; THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou Outfall to a point at the intersection of Taylors Bayou Outfail and the Gulf Intracoastal Waterway; THENCE Southwesterly along the centerline of the Gulf Intracoastal Waterway to a point on the east line of Abstract No.285 and the west line of Abstract 529; THENCE Northwesterly along the east line of Abstract No.285,523,522 and 310 being the west line of Abstract No. 529, 283, 337, and 518 to a point at the intersection of Need More Road with the east line of Abstract No.310 being the west line of Abstract No.518; THENCE Northeasterly along the menders of the centerline of Need More Road to a point being the southeast corner of Abstract No. 377 and the northeast corner of Abstract No.490; THENCE Southwesterly along the south line of Abstract No. 377 and the north line of Abstract No. 490 to a point being the southwest corner of Abstract No. 377,the northwest corner of Abstract No. 490,the southeast corner of Abstract No.484 and the northeast corner of Abstract No.340; THENCE Northwesterly along the east line of Abstract No.484 and 370 being the west line of Abstract No.377 and 482 to a point on the south line of Abstract No. 481;said point being the northeast corner of Abstract No.370 and the northwest corner of Abstract No.482; THENCE Southwesterly along the north line of Abstract No. 370 and the south line of Abstract No.481 to a point being the southeast comer of Abstract No.368 and the southwest corner of Abstract No.481; THENCE Northwesterly along the east line of Abstract No. 368 and 509 being the west line of Abstract No.481 and 669 to a point in the centerline of Highway 73; THENCE Northwesterly to a point at the intersection of the north line of Highway 73 with the centerline of Boondocks Road; THENCE Northwesterly along the meanders of the centerline of Boondocks Road to a point being the intersection of the centerline of Boondocks Road and the centerline of North Fork Taylors Bayou (called Jefferson County Drainage District Ditch No.500 per DD6 Map updated September,2012); Page 2 I Description of JCESD No.4 THENCE Northwesterly along the meanders of North Fork Tayir's Bayou across Highway 124 and Interstate 10 to a point being the convergence of North Fork Taylor's Bayou and Ground Bridge Gully(called Jefferson County Drainage District Ditch No.800 per DD6 Map updated September,2012); THENCE Northwesterly along the meanders of Ground Bridge Gully to a point in the centerline of Highway 365; THENCE Northwesterly along the meanders of the centerline of Highway 365 to the POINT OF BEGINNING. SAVE AND EXCEPT TRACT 1 BEGINNING at the intersection of the south right-of-way line of Smith Road and the east right-of-way line of Interstate 10; THENCE Southeasterly along the said south line of Smith Road to a point being at the intersection of Smith Road and the west right-of-way line of Highway 124; THENCE Southwesterly along the west line of Highway 124 to a point being the intersection of the west line of Highway 124 and the centerline of Kidd Gully (called Jefferson County Drainage District Ditch No.406); THENCE Northwesterly along the centerline of Kidd Gully to a point at the intersection of the centerline of Kidd Gully with the east line of Interstate 10; THENCE Northeasterly along the east line of Interstate 10 to the POINT OF BEGINNING; TRACT 2(Beaumont Federal Correctional Complex) That 961.60 acre tract out of the E.D. Chenneth Survey, Abstract 104, conveyed to the United States of America by Warranty Deed in Clerk's Film Code No. 105- 06-1919 of the Official Public Records of Jefferson County,Texas; TRACT 3 That property described as Exhibit "A" in the City of Port Arthur Resolution No. 10-508; said resolution being a Resolution Authorizing the City Manager to Execute an Industrial District Agreement with Veolia Environmental Services; Page 3 I Description of JCESD No.4 TRACT 4 That 15.0018 acre tract out of the James Rowe Survey,Abstract 45, conveyed to Centana Intrastate Pipeline Company by Warranty Deed in Clerk's Film Code No. 9740740 of the Official Public Records of Jefferson County, Texas, and that 0.7766 acre tract out of the James Rowe Survey,Abstract 45, conveyed to Duke Energy Field Services,Inc.and Centana Intrastate Pipeline Company by Warranty Deed in Clerk's Film Code No. 9802340 of the Official Public Records of Jefferson County,Texas; This description is based on information provided by Jefferson County Appraisal District,Southeast Texas Planning Commission,and local government agencies. Page 4 RESOLUTION NO. A RESOLUTION GRANTING THE CONSENT OF THE CITY OF BEAUMONT, TEXAS, TO THE CREATION OF JEFFERSON COUNTY EMERGENCY SERVICES DISTRICT NO. 4. WHEREAS, the City of Beaumont, Texas (the "City'), has received the petition attached as Exhibit "A," requesting the City's consent to the creation of an emergency services district ("Districf'), proposed to be known as Jefferson County Emergency Services District No. 4, which includes the City's extraterritorial jurisdiction; and, WHEREAS, the City desires to grant its written consent to the creation of the District only in the areas described in the written boundary description and shown on the maps attached as Exhibit "B," which excludes certain areas within the City of Beaumont's extraterritorial jurisdiction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: 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 gives its written consent to the creation of the District, proposed to be known as Jefferson County Emergency Services District No. 4, and to the inclusion of the portions of the City's extraterritorial jurisdiction within the District as more particularly described in the written boundary description and map attached as Exhibit "B." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of February, 2013. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk PETITION FOR CREATION OF EMERGENCY SERVICES DISTRICT THE STATE OF TEXAS § IN THE COMMISSIONER'S COURT § OF COUNTY OF JEFFERSON § JEFFERSON COUNTY,TEXAS TO THE HONORABLE COUNTY JUDGE AND CONDUSSIONERS OF SAID COURT: NOW COME 100 or more qualified voters who own taxable real property in Jefferson County,Texas pursuant to Texas Health&Safety Code, Section 775.011,requesting the creation of an Emergency Services District and would respectfully show the following: I. That the proposed Jefferson County Emergency Services District No. 4 (the "District") will be created and operated under the provisions of Article III, Section 48-e of the Constitution of Texas and Chapter 775 of the Health&Safety Code of the State of Texas. IL That the name of the proposed District shall be"JEFFERSON COUNTY EMERGENCY SERVICES DISTRICT NO. 4." M. That the area of the District does not overlap with any existing emergency services district and will include portions of the extraterritorial jurisdiction of the Cities of Beaumont, Port Arthur and Texas Landing. The boundaries of the District are more particularly described by the description attached as Exhibit"A",which is attached hereto and incorporated herein for all purposes, and generally shown on the attached sketch in Exhibit"B". Petition for Ct eatiat►of Jeffasom County Emapocy Services Disbiet No.4 PW i EXHIBIT "A" IV. The District will provide services in response to any emergency situation in accordance with the authority granted to emergency services districts under Chapter 775 of the Texas Health &Safety Code,including but not limited to the following services: 1. Fire Fighting services; 2. Fire Prevention services; 3. Search and Rescue services; and 4. Emergency Medical services. V. The creation of the District complies with Sections 775.020 of the Texas Health&Safety Code. None of the land encompassed within the District is now included within any other Emergency Services District. VI. That Rufus Lavergne, who resides at 7145 Faith Road, Beaumont, Texas 77713, and Kenneth A. Duhon, who resides at 8174 Boyt Road,Beaumont, Texas 77713,petitioners herein, agree and obligate themselves to pay the cost incident to the formation of the District, including the costs of publishing notices, election costs, and other necessary and incidental expenses, such cost not to exceed one hundred fifty($150.00)dollars for Jefferson County. VII. The cities of Beaumont, Port Arthur and Taylor Landing are the only municipalities whose consent must be obtained under Section 775.014 of the Texas Health&Safety Code. VIII. The signatures required by the Texas Health & Safety Code, Section 775.011, for the creation of Jefferson County Emergency Services District No. 4 are attached on Exhibit "C" respectively. Patitim for Creation of Jeffawn County Emergency Services District No.4 Page 2 WHEREFORE, PREMISES CONSIDERED,petitioner prays that such notices be issued by the County Clerk of Jefferson County as required by law;that a public hearing be held on this petition in the county;and,that upon such hearing,the Commissioners Court of Jefferson County grant said petition and call a special election regarding the creation of the District. RESPECTFULLY SUBMITTED this day of �nV�t� go13 1 2912. PETITIONERS: By: 1'rin e: ufus LIV er e By Prin e: Kenneth A.Duhon Petition for Creation of kfferson County Emergency services District No.4 Page 3 E=hi Description of Proposed Jefferson County Emergency Services District No.4 Boundary Description (ATTACHED) Petition for Creation of 7effaaon County Emagency Savices District No.4 Pap A-1 FAUST Engineering and Surveying, Inc. h orea�one)Egh esere end hoNurlarMti suwsyas TOOSOMM(4M U3-3410 E-MM ADDRESS INFOOFAUSTENG.COM fax(409)513-3484 2525 Colder street efarront,Texas 77702 Suroaft Finn Relation No.200034-00 Engineerft Rrm Ry4tnrdon No.4800 METES AND BOUNDS DESCRIPTION FOR THE JEFFERSON COUNTY E41ERGENCYSERVICES DISTRICT NO.4 JEFFERSON COUNTY,TEXAS DECEMBER 26,2012 BEGINNING at a point at the intersection of South China Road and Highway 365; said point being on the southerly line of the Jefferson County Emergency Services District No. 3 (JCESD No. 3) as described in a resolution confirming district boundaries recorded in Clerk's File No.2012005615 of the Official Public Records of Jefferson County,Texas; THENCE Northeasterly along the meanders of the southerly line of said JCESD No. 3 to a point on the westerly line of the city limits of the City of Beaumont; THENCE Southeasterly along the meander of the southerly line of the city limits of the City of Beaumont to a point in the centerline of West Port Arthur Road; said point being the most southerly boundary of the city limits of the City of Beaumont on West Port Arthur Road; THENCE Southeasterly along the centerline of West Port Arthur Road to a point in the northerly line of the city limits of the City of Port Arthur; THENCE Southwesterly along the meanders of the westerly city limits of the City of Port Arthur to a point In the centerline of Taylor's Bayou; said point being the most southwesterly point of the city limits of the City of Port Arthur within Taylor's Bayou; THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou to a point at the intersection of Taylor's Bayou and Taylor's Bayou Diversion; THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou Diversion to a point at the intersection of Taylor's Bayou Diversion and Taylor's Bayou Outfall; 120391 Metes and Bounds.dom ) Description of JCESD No.4 THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou Outfall to a point at the intersection of Taylor's Bayou Outfall and the Gulf Intracoastal Waterway; THENCE Southwesterly along the centerline of the Gulf Intracoastal Waterway to a point on the east line of Abstract No.285 and the west line of Abstract 529; THENCE Northwesterly along the east line of Abstract No.285,523,522 and 310 being the west line of Abstract No. 529, 283, 337, and 518 to a point at the intersection of Need More Road with the east line of Abstract No.310 being the west line of Abstract No.518; THENCE Northeasterly along the menders of the centerline of Need More Road to a point being the southeast corner of Abstract No. 377 and the northeast corner of Abstract No.490; THENCE Southwesterly along the south line of Abstract No. 377 and the north line of Abstract No. 490 to a point being the southwest comer of Abstract No. 377,the northwest corner of Abstract No.490,the southeast corner of Abstract No.484 and the northeast corner of Abstract No.340; THENCE Northwesterly along the east line of Abstract No.484 and 370 being the west line of Abstract No.377 and 482 to a point on the south line of Abstract No. 481;said point being the northeast corner of Abstract No.370 and the northwest corner of Abstract No.482; THENCE Southwesterly along the north line of Abstract No. 370 and the south line of Abstract No.481 to a point being the southeast corner of Abstract No.368 and the southwest corner of Abstract No.481; THENCE Northwesterly along the east line of Abstract No.368 and 509 being the west line of Abstract No.481 and 669 to a point in the centerline of Highway 73; THENCE Northwesterly to a point at the intersection of the north line of Highway 73 with the centerline of Boondocks Road; THENCE Northwesterly along the meanders of the centerline of Boondocks Road to a point being the intersection of the centerline of Boondocks Road and the centerline of North Fork Taylors Bayou(called Jefferson County Drainage District Ditch No.500 per DD6 Map updated September,2012); Page 2 Description of JCESD No.4 THENCE Northwesterly along the meanders of North Fork Taylors Bayou across Highway 124 and Interstate 10 to a point being the convergence of North Fork Taylors Bayou and Ground Bridge Gully(called Jefferson County Drainage District Ditch No.800 per DD6 Map updated September,2012); THENCE Northwesterly along the meanders of Ground Bridge Gully to a point in the centerline of Highway 365; THENCE Northwesterly along the meanders of the centerline of Highway 365 to the POINT OF BEGINNING. SAVE AND EXCEPT TRACT 1 BEGINNING at the Intersection of the south right-of-way line of Smith Road and the east right-of-way line of interstate 10, THENCE Southeasterly along the said south line of Smith Road to a point being at the intersection of Smith Road and the west right-of-way line of Highway 124; THENCE Southwesterly along the west line of Highway 124 to a point being the intersection of the west line of Highway 124 and the centerline of Kidd Gully (called Jefferson County Drainage District Ditch No.406); THENCE Northwesterly along the centerline of Kidd Gully to a point at the Intersection of the centerline of Kidd Gully with the east line of Interstate 30; THENCE Northeasterly along the east line of Interstate 10 to the POINT OF BEGINNING; TRACT 2 That 961.60 acre tract out of the E.D.Chenneth Survey,Abstract 104, conveyed to the United States of America by Warranty Deed in Clerk's Film Code No. 105- 06-1919 of the Official Public Records of Jefferson County,Texas; TRACT 3 That property described as Exhibit "A" in the City of Port Arthur Resolution No. 10-508; said resolution being a Resolution Authorizing the City Manager to Execute an Industrial District Agreement with Veolia Environmental Services; This description is based on information provided by Jefferson County Appraisal District,Southeast Texas Planning Commission,and local government agencies. Page 3 Exhibit B Map of Proposed Jefferson County Emergency Services District No.4 (ATTACHED) Petition for Creation of)effbmm Comty F.mergmcy Sawim DiMict No.4 Page B-I t 'y 90 Gr,U�ll O T 0"TY DISINICT a 3 -A i P.O.B. BRW auy KW Gmy Na 8 , OD.WW HM WAY 365 AR WJR T x TA YL BAYOU NO. SDD O —�---^! AN y 73 / 669 TAYLOR'S BAYOU D TAxOIR-S gAyM OUTALUL AB Ag Ili _ A8 AB r Il? G J7D TODD ROAD AO IBI 77b An N 490 S�An AB tjm MORE RD 31 310 518 � AD TS. 337 AS AB 203 � 5" LEGEND SAVE AND EXCEPT O POINT QF BEGUNNING P.aa JEFFERSON COUNTY EMERGENCY SERVICES DISTRICT NO. 4 ■/!'_s IlU VMS k' s k s u Irr `r I BEI I Y y i r i •7" O r I a , , AP - , - , Exhibit"C" Real Property Owners Qualified to Vote in Jefferson County for Proposed Jefferson County Emergency Services District No.4 � s 17 �-IT z 9 .A *7 71 -.rr,, 01,14 &J4- Rd- �� m T Ir �uh0�, 77 3 a33q't t a w� toa�-� Biro �aa r �!' �I��? rJ, -M13 Slag©7so CARoL 10o9a I &borj 04 )oaf / buy b tj W"W°"t, 'ry &ALA lwj-IX Ut�b I a tis 71 �7 Olov 3 145 Fi��rj Be L, X :o V&j efiFe„ f5- 11 Lo v _ e �jrrfl', 13 16ro,-r!3 (Y•�I1 N^k-- I 41-ty `r 1 f L lea; t KpLy tI I ?_3os •: • c Petiticu for Creation of Jeffmw County EtOnwcy Services District No.4 Page C-1 Real Property Owners Qualified to Vote in Jefferson County for Proposed Jefferson County Emergency Services District No.4 2 1046124 *vx ~� -- - t -r j p,�ci/ ,$evrncrtiT f ..._._ _. .._.__ _ _— t�- / t~,�-mss �►�,v� 777p' - ___...._.__.__...._. ._ _...__ ..--.._____._.__ y� -1-113 v,-: ,T 12 30556$fc Petition fnr CTestion of Jefhxson County Emergency Services District No,4 Page C- I- Real Property Owners Qualified to Vote in Jefferson County for Proposed Jefferson County Emergency Services District No.4 NO tud e A &a n w. ors i %'Pr 1,2 3 ev jz//�lrA'c © 00?.� /2ld�r3 /lao9q�f9t' J�FfE�°5er' J� ' �_��• 7 t?..s sue+ �-(12 '17 -77 zk C / -7-7tq M 3(6 c6t P5"03 Ns e6c //ads S�, � - p x!'1.3 tie Ila�g3/9/3 Ga 13 _..........._ ' t, �/a3�f�9t�4f / l I Petition far Cmation of Jefferson County Emnmcy Services District No.4 Page C— 3 Real Property Owners Quaff led to Vote in Jefferson County for Proposed Jefferson County Emergency Services District No.4 JL 3 AA i'� r13 Fb45-'bawn jy\ 4-, �wI)wA V t, N—IOW-6 v �w 1 1,7a2-7,Cain !� jqOjq S � f Petitim for Creation of Jefferson County Emergency Services District No,4 Page C--q Real Property Owners Qivai€fed to Vote in Jefferson County for Proposed Jefferson County Emergency Services District No.4 tIP"U00 CdOeleri- 3&d_ZM 245, ------ Ut! 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" ' %•gym. a r.., � x_ ._�� :: � „•,a{ x.,. -y s� .. :ty ` r.+ '° kt s:" .df. �s! ; cx. �„�'^7 �x:i r .a..-: a h-, chaff A. 7 a�i 3u rt+o•.�, NOV � q n 3 %0,103, Ob 0 � ,Cw��, ot0 t3 - n Z ds Tx ZZs 23S 95 3 W ' zQ �@ e►n 9`i 141 h r..A TIC- At 40 � �r,4- 02 T WhW �'t'lOS I �c .t a r l Z 36(�35Z9 1 II Z ."08 z. t"i i z � I/4/0 t f. f Petition for Creation of Jefferson County Emergency Services District No,4 Page C—A F 7p Wx4V,% S"C,'A J4 0C Ix �\,Z Same UINS7451 alka TX4,4e-1,C-- %/ k44 be V44 sfrft 6 4.gc'f Y16113 In icA4 3', '7 5sS ZC�Fk p p 914Xn/ A?'(, 614 - - - -- t e., 7 6-SS p Sam&, -,4uv& rr2)7z Petition for Lr-fi-Of Jeff—County E=*McY Services District N..4 Page C— 101 mh ,El J30q ouJ. rr�,. 7f S •r►r�` i �� t/2/yosstz. C)6ttw -7-1-70. T.n 5 1U. 471A. S iq j Irf Fr45'.zv n,-t- 4 rY -7-7790; A41 FlMf#Vtjap� 300,i rPAfi k4. gvlt,-r.K 77 705- 54mc, 21-10614 P'"'6- Creation Of jdr--County H—V"-Y S-li—District N..4 Page C- /0 WIT FM S.S 15A Grit 36S 'er ?'7?aS � 77705 5�g` l 1 z3/a86o6 540 t /i ozo o It LN / I to t P-77 /23731853 6f �! Petitim for Creation of Jeffewn County Emergency Services District No.4 Page C—11 Owner Name(s) Iled&d&AddtW MAIdi A Madot VdIlf a iiiii e (VdAted) 1'i$ Al �k.►��ja .�.-jhl--- c� �5 Z. K232b � .� 3 t i i Petition for Creation of Jefferson County Emergency Services District No.4 Page C-- zD ��x�CGS• ZIS� � � � �,'� 1y1o5' ISgl�f,�382 _ a� ,ys�n 777i? /l238ZO27to �-- I i Petition for Creation of Jefferson County Emergency Services District No.4 Page C- Z1 {)ltrper iVamC(b) d Ne �j $ O d i�tE1�R+ igo�i H ,tl bib Mptet#} i' t 2H�Yf 1 ...�...2..4....� 11 !1015 °+c- 0's 804. 3 r� D.�1s� mop .s� q+►n ►r II�8�s3� _. �3 �,q' titot5 b bo&aw U. Oab Woop i JOWS&J jio't3 1X187 _ i i tF t t i Petition for Creation of Jefferson County Emergency Services District No.4 Page C-- �,� t u�c i+tyme(sj Residence Ad ► ding Aildr� Dior of Voter Re&trafion Coss:of Owner Sigaatare Date ( bedj forth Number ; RAgistraflon I05�"1 FM 31/6 1015P 4:�m 3W l Ltwl e ,y+ -»�� `110113 -� fm KGs ?Ind C �- � ��� � 112 -9y1�� ?,tyepavv � Pm 3c s7 9YYP- -7 Ail r e to f 1,u.k.kl?k i' -,-i,�s 1 �l 2s�f37'f ,-�- I�7s87 F-1m3 s�i,YYC, illglgo 410113 4 7"77 //SbS'S21zS LXGt 4�v O�A ` j2d o . Petition for Creation of Jefferson County Bmagency Services District No.4 Page C-Z3 FAUST Engineering and Surveying, Inc. Prafew m W Enpraen and Praknk nd Surveyor Tdephm (409)323-3410 E4ML ADDRESS iNFO#FAUSTENG.COM Fax(4091813-UN 2625 Wder street desumont,Tmu 77702 SurveyMS Firm Rem ration No.100024-00 Engineering Finn ReskbuUon No.4800 METES AND BOUNDS DESCRIPTION FOR THE JEFFERSON COUNTY EMERGENCY SERVICES DISTRICT NO.4 JEFFERSON COUNTY,TEXAS January 18,2012 BEGINNING at a point at the intersection of South China Road and Highway 365; said point being on the southerly line of the Jefferson County Emergency Services District No. 3 (JCESD No. 3) as described in a resolution confirming district boundaries recorded in Clerk's File No.2012005615 of the Official Public Records of Jefferson County,Texas; THENCE Northeasterly along the meanders of the southerly line of said JCESD No. 3 to a point on the westerly line of the city limits of the City of Beaumont; THENCE Southeasterly along the meander of the southerly line of the city limits of the City of Beaumont to a point where the said southerly line intersects the center line of West Port Arthur Road; THENCE Southeasterly along the centerline of West Port Arthur Road to a point where the city limits of the City of Beaumont intersects the centerline of West Port Arthur Road; THENCE Southwesterly along the meander of the southerly line of the city limits of the City of Beaumont to a point of intersection in the centerline of West Port Arthur Road; THENCE Southeasterly along the centerline of West Port Arthur Road to a point in the northerly line of the city limits of the City of Port Arthur; THENCE Southwesterly along the meanders of the westerly city limits of the City of Port Arthur to a point in the centerline of Taylor's Bayou; said point being the most southwesterly point of the city limits of the City of Port Arthur within Taylor's Bayou; THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou to a point at the intersection of Taylor's Bayou and Taylor's Bayou Diversion; 120391 Metes and Bounds.dom 1 EXHIBIT "B" Description of JCESD No.4 THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou Diversion to a point at the intersection of Taylor's Bayou Diversion and Taylor's Bayou Outfall; THENCE Southeasterly along the meanders of the centerline of Taylor's Bayou Outfall to a point at the intersection of Taylor's Bayou Outfall and the Gulf Intracoastal Waterway; THENCE Southwesterly along the centerline of the Gulf Intracoastal Waterway to a point on the east line of Abstract No.285 and the west line of Abstract 529; THENCE Northwesterly along the east line of Abstract No. 285,523,522 and 310 being the west line of Abstract No. 529, 283, 337, and 518 to a point at the intersection of Need More Road with the east line of Abstract No.310 being the west line of Abstract No.518; THENCE Northeasterly along the menders of the centerline of Need More Road to a point being the southeast corner of Abstract No. 377 and the northeast corner of Abstract No.490; THENCE Southwesterly along the south line of Abstract No. 377 and the north line of Abstract No. 490 to a point being the southwest corner of Abstract No. 377,the northwest corner of Abstract No.490,the southeast comer of Abstract No.484 and the northeast corner of Abstract No.340; THENCE Northwesterly along the east line of Abstract No.484 and 370 being the west line of Abstract No.377 and 482 to a point on the south line of Abstract No. 481;said point being the northeast corner of Abstract No. 370 and the northwest corner of Abstract No.482; THENCE Southwesterly along the north line of Abstract No. 370 and the south line of Abstract No.481 to a point being the southeast corner of Abstract No.368 and the southwest corner of Abstract No.481; THENCE Northwesterly along the east line of Abstract No. 368 and 509 being the west line of Abstract No.481 and 669 to a point in the centerline of Highway 73; THENCE Northwesterly to a point at the intersection of the north line of Highway 73 with the centerline of Boondocks Road; THENCE Northwesterly along the meanders of the centerline of Boondocks Road to a point being the intersection of the centerline of Boondocks Road and the centerline of North Fork Taylors Bayou (called Jefferson County Drainage District Ditch No.500 per DD6 Map updated September,2012); Page 2 Description of JCESD No.4 THENCE Northwesterly along the meanders of North Fork Taylor's Bayou across Highway 124 and Interstate 10 to a point being the convergence of North Fork Taylor's Bayou and Ground Bridge Gully(called Jefferson County Drainage District Ditch No.800 per DD6 Map updated September,2012); THENCE Northwesterly along the meanders of Ground Bridge Gully to a point in the centerline of Highway 365; THENCE Northwesterly along the meanders of the centerline of Highway 365 to the POINT OF BEGINNING. SAVE AND EXCEPT TRACT 1 BEGINNING at the intersection of the south right-of-way line of Smith Road and the east right-of-way line of Interstate 10; THENCE Southeasterly along the said south line of Smith Road to a point being at the intersection of Smith Road and the west right-of-way line of Highway 124; THENCE Southwesterly along the west line of Highway 124 to a point being the intersection of the west line of Highway 124 and the centerline of Kidd Gully (called Jefferson County Drainage District Ditch No.406); THENCE Northwesterly along the centerline of Kidd Gully to a point at the intersection of the centerline of Kidd Gully with the east line of Interstate 10; THENCE Northeasterly along the east line of Interstate 10 to the POINT OF BEGINNING; TRACT 2(Beaumont Federal Correctional Complex) That 961.60 acre tract out of the E.D. Chenneth Survey,Abstract 104, conveyed to the United States of America by Warranty Deed in Clerk's Film Code No. 105- 06-1919 of the Official Public Records of Jefferson County,Texas; TRACT 3 That property described as Exhibit "A" in the City of Port Arthur Resolution No. 10-508; said resolution being a Resolution Authorizing the City Manager to Execute an Industrial District Agreement with Veolia Environmental Services; Page 3 Description of JCESD No.4 TRACT 4 That 15.0018 acre tract out of the James Rowe Survey,Abstract 45,conveyed to Centana Intrastate Pipeline Company by Warranty Deed in Clerk's Film Code No. 9740740 of the Official Public Records of Jefferson County, Texas, and that 0.7766 acre tract out of the James Rowe Survey,Abstract 45, conveyed to Duke Energy Field Services,Inc.and Centana Intrastate Pipeline Company by Warranty Deed in Clerk's Film Code No. 9802340 of the Official Public Records of Jefferson County,Texas; This description is based on information.provided by Jefferson County Appraisal District,Southeast Texas Planning Commission,and local government agencies. Page 4 Y rs � © M rr: r r Y �er III Y Y �® r • lop TB 0�p ® 6, c• •w� 1 �t pr IN-- Y I Y y : AR 0 r AB AB AB 285 529 LEGEND SAW i EXCEPT O GLALF OF MEMO '•IN T OF 8 E'UNNING P.i B. JEFFERSON COUNTY EMERGENCY SERVICES DISTRICT NO. 4 D RICH WITH OPPORTUNITY IIEAUMON* T - E • g A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 5, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Highway-Rail Signal Interface Agreement between City of Beaumont and BNSF Railway Company BACKGROUND BNSF Railway Company has agreed to install advanced preemption at the signal intersection of South Major Drive and Fannett Road. Currently,this traffic signal is operating in flash-red mode. The installation of railroad preemption will allow the traffic signal be operated in its full function. The cost for BNSF to complete their work is estimated to be $17,915.00. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Highway-Rail Signal Interface Agreement with BNSF Railway Company for the installation of advanced preemption at the signal intersection of South Major Drive and Fannett Road. 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 5th day February, 2013. - Mayor Becky Ames - HIGHWAY-RAIL SIGNAL INTERFACE AGREEMENT THIS HIGHWAY-RAIL SIGNAL INTERFACE AGREEMENT(hereinafter called,this"Agreement"),is entered into effective as of July 10, 2012,by and between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSF"),and the City of Beaumont,Texas(hereinafter called,the"Agency"). WITNESSETH WHEREAS, BNSF has grade crossing warning devices located at the intersection of Major Drive, DOT # 023740U,Line Segment 7505,Mile Post 69. the highway traffic"controa��gnals�with the grade crossing warning WHEREAS, Agency preempt devices shown on Exhibit"A";and WHEREAS,BNSF will allow the Agency to preempt the highway traffic control signals with the grade crossing warning devices shown on Exhibit"A"subject to the mutual covenants contained in this Agreement;. NOW,THEWORE,in consideration of the premises and of the mutual covenants and agreements of the parties contained herein,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT I. PURPOSE The purpose of this Agreement is as follows:provide for the installation and maintenance of the improvements described below at the Major Drive at-grade crossing. 2. SCOPE OF WORK a. The Agency must provide BNSF in writing, using the BNSF Preenwtion Worksheet attached hereto and made part of this Agreement as Exhibit "A", with the total preempt cycle time required from the start of the preempt cycle of highway traffic control signals until the arrival of the train at the highway-rail crossing,in accordance with the Manual on Uniform Traffic Control Devices(hereinafter called,"MUTCD"). b. BNSF will provide an interface box with contact terminals,at Agency's expense on the side of the railroad instrument cabin. C. Agency or its contractor will place all necessary cable and conduit on Railroad property, as approved by BNSF and in compliance with the BNSF Utility Accommodation Manual, at the locations shown on Exhibit"A",attached to and made a part of this Agreement d. The Agency or its contractor will connect the highway traffic control signals to the contact terminals in the interface box including all necessary cable and conduit e. BNSF will provide flagging services, at Agency's sole expense as set forth in more detail on Exhibit"C"attached to and made a part of this Agreement. f. The Agency or its contractor must install the new highway traffic control signals. BNSF FORM 0100—Major Drive project 1 EXHIBIT "A" g. An estimate of the actual costs for BNSF work is shown on Exhibit B attached to and made a part of this Agreement. In the event installation of the improvements has not commenced within six (6) months following the effective date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth on Exhibit B. If the cost estimates are revised,the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of the Agency,which approval will not be unreasonably withheld. IL The Agency must pay BNSF for the actual costs of any work performed by BNSF under this Agreement within thirty (30) days of the date of the invoice for such work. During the construction of the improvements, BNSF may send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Upon completion of the improvements and all associated work,BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Agency must pay the final invoice within ninety(90)days of the date of the final invoice.BNSF will assess a finance charge of.033%per day (12%per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF,not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 3. CONSTRUCTION AND MAINTENANCE a. BNSF will operate and maintain, at its expense, the necessary relays and the other materials required to preempt the highway traffic control signals with the grade crossing warning devices. b. BNSF will to operate and maintain, at its expense,the railroad crossing warning devices up to the contact terminals in the interface box. C. The Agency or its contractor must, at the Agency's expense, install the highway traffic control signals up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. d. Following installation of the traffic control signals,the Agency will own,operate and maintain, at its expense,the highway traffic control signals up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. e. For any future inspections or maintenance,routine or otherwise,performed by subcontractors on behalf of the Agency,Agency shall require the subcontractors to execute the C documents. Prior to performing any future maintenance with its own personnel,Agency shall:comply with all of BNSF's applicable safety rules and regulations;require any Agency employee performing maintenance to complete the safety training program at the BNSF's Internet Website "contractororientation.com";notify BNSF when,pursuant to the requirements of exhibit C,a flagger is required to be present;procure,and have approved by BNSF's Risk Management Department,a Railroad Protective Liability insurance. 4. PROTECTION OF UNDERGROUND SYSTEMS a. Agency and its contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications or utility companies may be buried on BNSF's property or right-of-way. The Agency or its contractor must contact appropriate personnel to have the Lines located and make arrangements with the owner of the Lines regarding protective measures that must be followed prior to the commencement of any work on BNSF's property. The Agency or its contractor will be responsible for contacting BNSF's Roadmaster(Kendall Foley)at 337-572-2502 and BNSF's BNSF FORM 0100—Major Drive project 2 Simial-Construction Supervisor (Dwayne Titf'm) at 817-740-7384, and the telecommunications or utility companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Agency or its contractor must also mark all Lines in order to verify their locations. Agency or its contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines(fiber optic,cable,communication or otherwise)may exist. b. Agency or its contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the installation or construction of the improvements. Agency and/or its Contractor must cooperate fully with any telecommunications or utility company(ies) in performing such rearrangements. C. Failure to mark or identify Lines will be sufficient cause for BNSF's Engineering Representative to stop construction at no cost to BNSF until these items are completed. d. In addition to the liability terms contained elsewhere in this Agreement, Agency and its contractor hereby indemnify, defend and hold harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attomey's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Agency or its contractor, subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines on BNSF's property or within BNSF's right-of-way, (2)any injury to or death of any person employed by or on behalf of(a) any telecommunications or utility company, (b) Agency's contractor or subcontractors, or (c) Agency, and(3)any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunications or utility company(ies).THE LIABILITY ASSUMED BY AGENCY OR ITS CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS,EMPLOYEES OR OTHERWISE,EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. 5. INDEMNIFICATION a. Agency hereby indemnifies,defends and holds harmless BNSF for,from and against any and all claims, suits, losses, damages, costs and expenses for injury to or death to third parties or BNSF's officers and employees, and for loss and damage to property belonging to any third parties(including damage to the property of BNSF officers and employees),to the extent caused by the negligence of the Agency or any of its employees,agents or contractors. The Agency also releases BNSF from and waives any claims for injury or damage to the Agency's highway traffic control signals or other equipment which may occur as a result of any of the work provided for in this Agreement or the operation or the maintenance thereafter of any of the Agency's highway traffic control signals,cables,connections at and about the grade crossing. b. To the fullest extent permitted by law, Agency hereby releases,indemnifies, defends and holds harmless BNSF and BNSF's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, employees and agents for, from and against any and all claims, suits, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys fees and court costs) for injury to or death to Agency employees, agents or representatives arising out of, resulting from or related to any act or omission of Agency or any work performed on or about BNSF's property or right-of-way. THE LIABILITY ASSUMED BY THE AGENCY IN THIS PROVISION WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT,THAT THE DESTRUCTION,DAMAGE,DEATH OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILROAD, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BNSF. BNSF FORM 0100—Major Drive project 3 C. The Agency further agrees,at its expense,in the name and on behalf of BNSF,that it will adjust and settle any claims made against BNSF and will appear and defend any suits or actions at law or in equity brought against BNSF on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by the Agency under this Agreement for which BNSF is alleged to be liable. BNSF will give notice to the Agency in writing of the receipt of pendency of such claims and thereupon the Agency must proceed to adjust and handle to a conclusion such claims,and in the event of a suit being brought against BNSF,BNSF may forward the summons and complaint or process in connection therewith to the Agency,and the Agency must defend,adjust or settle such suits and protect,indemnify,and save harmless BNSF from and against all damages,judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. 6. AGENCY CONTRACTOR REQUIREMENTS a. While on or about BNSF property, Agency and its contractors must fully comply with BNSF's "Contractor Requirements" set forth in Exhibit "C" attached to and made a part of this Agreement The "Contractor Requirements" include clearance requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's "Contractor Requirements". Prior to entering BNSF property, Agency's Contractor must execute Exhibit C-1 attached to and made a part of this Agreement. b. Prior to entering BNSF property,each person providing labor, material, supervision or services connected with the work to be performed on or about BNSF property must Mete the safety training program (hereinafter called "BNSF Contractor Safety Orientation") at the following internet website: "contractororientation com". Agency must ensure that each of its contractors, employees, subcontractors,agents or invitees completes the BNSF Contractor Safety Orientation before any work is performed under this Agreement. Additionally, Agency must ensure that each and every contractor, employee, subcontractor, agent or invitee possesses a card certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF property. Agency must renew the BNSF Contractor Safety Orientation annually. C. Prior to entering BNSF property,Agency or its contractors must prepare and implement a safety action plan acceptable to BNSF. Agency must audit compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by BNSF at all reasonable times. 7. INSURANCE Agency and its contractor must,at Agency and contractor's sole cost and expense,procure and maintain during the life of this Agreement the following insurance coverage: a. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of$2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for,but not limited to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to BNSF FORM 0100—Major Drive project 4 be either payments made or obligations assumed under any Workers Compensation, disability benefits,or unemployment compensation law or similar law. ♦ The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Airy exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy. b. Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence,and include coverage for,but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned,used or hired and Employers Liability insurance including coverage for,but not C. Workers Compensation . limited to: ♦ Statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability(Part B)with limits of at least$500,000 each accident, $500,000 by disease policy limit,$500,000 by disease each employee. d. Railroad protective Liability insurance naming only the Railroad as the Insured with coverage of at least$2,000,000 per occurrence and$6,000,000 in the aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the pollution Exclusion Amendment(ISO form CG 28 3110 93) ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railroad prior to performing any work or services under this Agreement e. Other Requirements: All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates of insurance must reflect that no exclusion exists. Agency agrees to waive its right of recovery against RaUnwd for all claims and suits against Railroad. In addition,its insurers,through the terms of the policy or policy endorsement,waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Agency further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under Agency's care,custody or control Agency's insurance policies through policy endorsement,must include wording which states that the policy will be primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad protective)must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. BNSF FORM 0100—Major Drive project 5 Agency is not allowed to self-insure without the prior written consent of Railroad If granted by Railroad,any deductible, self-insured retention or other financial responsibility for claims must be covered directly by Agency in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Agency's insurance will be covered as if Agency elected not to include a deductible,self-insured retention or other financial responsibility for claims. Prior to commencing the Work,Agency must furnish to Railroad an acceptable certificate(s)of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies)issuing such policy(ies)to notify Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be furnished. The insurance certificate(s) should be forwarded to the following address: BNSF Railway Company c%CertFocus P.O.Box 140528 Kansas City,MO 64114 Toll Free: 877-576-2378 Fax number:817-840-7487 Email:BNSF n certfocus com www.certfocus.com Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s)in which the service is to be provided. Agency represents that this Agreement has been thoroughly reviewed by Agency's insurance agent(s)/broker(s), who have been instructed by Agency to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. If any portion of the operation is to be subcontracted by Agency, Agency must require that the subcontractor provide and maintain the insurance coverages set forth herein,naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as Agency is required to release,defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle,but not require,Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of Agency's obligations hereunder. The fact that insurance(including,without limitation,self-insurance)is obtained by Agency will not be deemed to release or diminish the liability of Agency including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required insurance coverage. For purposes of this section,Railroad means`Burlington Northern Santa Fe Corporation","The Burlington Northern and Santa Fe Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 8. NOTICES BNSF FORM 0100—Major Drive project 6 Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: BNSF Railway Company: Manager Public Projects 5800 North Main Street Saginaw,Texas 76179 Agency: Director of Public Works 801 Main Street P.O.Box 3827 Beaumont,TX 777704-3827 BNSF FORM 0100—Major Drive project 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY By: Printed Name: Timothy I Hea Title: Manager Public Projects AGENCY By: Printed Name: Title: All invoices for the project will be sent to: Mark Horelica Transportation Manager City of Beaumont Public Works Department 801 Main Street,Suite 210 P.O.Box 3827 Beaumont,Texas 77704-3827 Phone:409-838-6527 or 409-838-5016 E-mail:mhorelica@ci.beaumont.tx.us BNSF FORM 0100—Major Drive project 8 /Ay ti� VO SCALE 1'=30' l6� ® p O 7 3� k 800-832-5452 MAJOR BLVD. MP69,68 DOT 0237400 r, FRINT J, � w�.►r wsrrrr ® rwrr�r r�rar�rwr �� r�ar rirrrr EXHIBIT A I City's Crossing Layout _ Major Drive-DOT No. 0237400 at BNSF Railway �`W� wr�rirrr RR Milepost 69.68 ,.r.. 4 "••" MAINTAIN PROPRIETARY CONFIDENTIALITY *•'•' Updated on BNSF RAILWAY COMPANY EXHIBIT B p FHPM ESTIMATE FOR 5/16/2012 CITY OF BEAUMONT Signal Cost Estimate LOCATION BEAUMONT DETAILS OF ESTIMATE PLAN ITEM: 000179394 VERSION: 1 PURPOSE,JUSTIFICATION AND DESCRIPTION INSTALL ADVANCED PREEMPTION AT MAJOR DRIVE IN BEAUMONT,TX.GULF DIV.,SILSBEE SUBDIV.,L/S 7505,M.P.69.69,DOT#02374OU SEQ.#46223 MONTHLY POWER UTILITY COST CENTER:61699 CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. THIS ESTIMATE IS GOOD FOR 90 DAYS.THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR,MATERIAL,AND OVERHEAD. MAINTAIN PROPRIETARY CONFIDENTIALITY. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS,DETAILED ANDACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED. ...............•........•.....SIGNAL WORK ONLY.•...•...•..............•...... THE CITY OF BEAUMONT IS FUNDING THIS PROJECT 100'!. DESCRIPTION QUANTITY U/M COST TOTALS LABOR SIGNAL FIELD LABOR-CAP 90.0 MH 2,095 PAYROLL ASSOCIATED COSTS 1,261 DA OVERHCADS 2,008 EQUIPMENT EXPENSES 689 INSURANCE EXPENSES 328 TOTAL LABOR COST 6,371 6,371 i MATERIAL MODULE,AX 1.0 EA N 1.410 PREEMPTION JUNCTION BOX 1.0 EA N 275 PREEMPTION MISC.WIRING MTRL. 1.0 IS N 500 PREEMPTION RELAY W/BASE 1.0 EA N 500 PREEMPTION TIMER RELAY 1.0 EA N 2,590 SHUNT,NBS 2.0 EA N 1,890 USE TAX 614 OFFLINE TRANSPORTATION 87 TOTAL MATERIAL COST 7,866 7,866 OTHER CONTRACT ENGR. 1.0 LS N 3,500 TOTAL OTHER ITEMS COST 3,500 3,500 PROJECT SUBTOTAL 17,737 CONTINGENCIES 0 BILL PREPARATION FCC 178 GROSS PROJECT COST 17,915 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 17,915 RICK WITS OPPORTUNITY BEAUMON* X REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 5,2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving a specific use permit to allow a drive-thru/walk- up daiquiri shop(drinking place) in a GC-MD (General Commercial-Multiple Family Dwelling)District at 2115 Calder 2. Consider an ordinance approving a specific use permit to allow a cellular telecommunications tower in an HI(Heavy Industrial)District at 2390 Dollinger Road 3. Consider a resolution authorizing the City Manager to execute a contract with PM Construction& Rehab, LLC, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXIV Project 4. Consider a resolution approving the purchase of High Density Polyethylene Pipe and materials from H.D. Supply, Inc., for use in the Water Utilities Department 5. Consider a resolution authorizing the City Manager to execute a five-year agreement with the Lower Neches Valley Authority to secure an uninterrupted surface water supply for the City of Beaumont 6. Consider a resolution approving the purchase of 18 vehicles from Philpott Motors for use by various City Departments WORK SESSION * Review and discuss a Pavement Management System related to City streets CONEUENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 February 5,2013 Consider an ordinance approving a specific use permit to allow a drive-thru/walk-up daiquiri shop (drinking place) in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2115 Calder RICH WITH OPPORTUNITY r T - E - X A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 5, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a drive-thru/walk-up daiquiri shop (drinking place) in a GC-MD (General Commercial- Multiple Family Dwelling) District at 2115 Calder. BACKGROUND Karam Ali with Premier Tobacco has applied for a specific use permit. Mr. Ali states that he would like to use a portion of his tobacco shop for the serving of wine- based daiquiris. Mr. Ali says that the hours of operation will be 10 a.m. to 8 p.m., Monday thru Thursday, 10 a.m. to 9 p.m., Friday and Saturday and 12 p.m. to 7 p.m. on Sunday. The business will employ less than five persons. One hundred twenty-eight(12 8) sq. ft. of the existing nine hundred thirty-six (93 6) sq. ft. building will be used for the preparation of the daiquiris. An existing drive-up window and driveway is located on the east side of the building. Cars will enter the drive-up window by a driveway off of 5' Street and exit onto Calder or 5t' Street. At a Joint Public Hearing held January 28, 2013,the Planning Commission recommended approval 8:0 of the specific use permit. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. r ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRIVE-THRU/WALK-UP DAIQUIRI SHOP (DRINKING PLACE) IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 2115 CALDER AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Karam Ali has applied for a specific use permit to allow a drive- thru/walk-up daiquiri shop (drinking place) in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2115 Calder Avenue, being Lots 11 & 12, Block 15, McFaddin Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.3214 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a drive-thru/walk-up daiquiri shop (drinking place) in a GC-MD (General Commercial- Multiple Family Dwelling) District at 2115 Calder Avenue; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a drive-thru/walk-up daiquiri shop(drinking place) in a GC-MD (General Commercial-Multiple Family Dwelling) District being Lots 11 & 12, Block 15, McFaddin Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.3214 acres, more or less, as shown on Exhibit"A,"attached hereto, is hereby granted to Karam Ali, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of February, 2013. - Mayor Becky Ames - i File 2158-P: Request for a specific use permit to allow a drive-thru/walk up daiquiri shop N drinking place)in a GC-MD (General Commercial-Multiple Family Dwelling)District. Location: 2115 Calder Applicant: Premium Tobacco 0 100 200 I I I Feet Legend ! I ! RCR-H M 2158P RC R-H I II ! I I D�l I G,C I GC- D ' M " CALDER AVE I I " I I I I GC MD GC-MD � i I GC-MD E -H_ I RCR H I I RC R H i I, � , � I BROADWAY ST I I i I I I RCRI-H RCR-H I RC K, -H i , � I I i I I EXHIBIT "A" SURREY LEGEND —£-3 ELECTRIC LINE L:. CONCRETE SURFACE ❑A.C.AIR CONDIROWING UNIT =———WOOD FENCE —PL—PL—PIPELINE ®COVERED AREA •P.P.POWER POLE CHAIN LINK FENCE —T—T—TELEPHONE LINE :,{.' ROCK OR GRAVEL STREETLIGHT —X—BARBED WIRE FENCE OWNER: C&W RENTALS LLC 20.0'OPEN ALLEY AS PER PUT OM.H. VOLUME 1, PAGES 1J1& 132 P.P. POINT FOR FOUND 112' S 89 6'40' W 100.04' \ CORNER t � P.P. (CALIEU W£S00) E," _—E — WOW µ.00D 6' WOOD� FENCE FENCE FENCE GRASS OVERHEAD N \ ELECTRIC CONC F 5 WOOD SCALE- 1'=30' WALK LOT 11 LOT 12\�GRASS CONc CONC \ CURB GRASS SPHALT r� \ PP th o LIJ Q .,�..,_..... cs QJ U0 3 �: c s6.9s xia 2 LOT 13 O -CURB 1i _ WOOD 51'0£0 e}•`^ PARKING atilumo ON c COW 57.48 O� EAY£HEIGHT 9-r Z CONC ` �'• CONC ` ���767 CHAIN LINK FENCE CURB " N WOOD RA Simi., zw w..�OOrAI ASPHALT PARKNG h SPACE MET CON STEP EAST 100.00' M.H.O (REFERENCE BEARING) STORM (CALLED 100.00) SEl4£R POINT FOR INLET CONC CORNER Q M.H. p.,.�.. POINT ---EG.31:..i yyam�{{ ._ [,• CORNER - / WATER CONC CONC 'a,J METER CURB CURB CURB o M.H. 2115 CALDER STREET (60' R.0.W., PER PLAT) SURVE'YOR'S CEWIRCATF' I do hereby certify to the best of my knowledge old belief that this is an accurate plot of a survey mode on the ground, under my superrrssion, showing above ground improvements and risible encroochment$ as of DECEJI4ER2g2012. /he above tract being located at 2115 CALDER STREET,BEAIMfONtT,TX 77701 The tract being described os LOTS 11 and 12)n BLOCK 15 of the McFADDIN SECOND ADDITM as recorded in VOLLMIE 1,PAGE 636 131-132,OF THE MAP RECORDS OF JEFFER90NCOUNTY,TE7W- In accordance with Flood Insurance Rate Map (FIRM) of the Federd Emergency Management Agency, the subject troct is located in Flood Zone noted below fie location of the property was determined by scale. Actual field elevation was not determined, unless requested. FAUST Engineering and Sui-4)ing, Inc. does not warrant or subscribe to the accuracy of said map. 0 2012 FAUST Engineering and Surveying• Inc. All rights reserved THIS SURVEY IS CERTIFIED FDR THIS TRANSACDON ONLY AND IS NOT TRANSFERABLE TO ADDITIONAL WSRTURONS OR SUBSEQUENT OWNERS. USE OF TH1S SURVEY FOR ANY OTFIER PURPOSE OR BY OTHER PAR7IES STALL BE AT THEIR OWN RISK AND THE UNDERSGNED SURVEYOR IS NOT RESPONSBLE RICHARD F. FAUST TO OTHERS FOR ANY LOSS RESUL77NC THEREFROM. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 ENGINEERING FIRM REG/STRA77ON NO 4800 SURVEMG FIRM REGISTRATION NO 100024-00 SURVEYORS NOTES: Date: DECEMBER 26, 2012 c O� r Census Tract: i2 FEMA Flood Zone: X LPG 9F fy Community Panel NO.: •• flICFiAFD...FAUST 485457-0020 C •'--••••--•..• ...v:- .. A 4M Panel Dote: 816102 '•9 �P•� Field Book No.:07-15& 12-7 SURV�' Project No 02061748 c E�NGI�NEERINE AND SURVEYING,INC. (4M 813-3410 • FA%(4M 813-348• EXHIBIT `(B17 2 February 5,2013 Consider an ordinance approving a specific use permit to allow a cellular telecommunications tower in an HI (Heavy Industrial) District at 2390 Dollinger Road RICH WITH OPPORTUNITY [IEAUMON* T • E X . A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 5, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a cellular telecommunications tower in an HI (Heavy Industrial) District at 2390 Dollinger Road. BACKGROUND Shep Poland has applied for a specific use permit. The facility will include a 180'monopole type radio tower, equipment cabinets placed on a raised platform and a generator placed on an 4'x 8' concrete pad. The facility will be placed on a 0.062 acre tract of land leased from T.C. Renfrow Companies, LLC. A security fence will enclose 34'x 36' of the leased space. An existing driveway will be used to access the site. The facility will be visited and serviced by a technician several times a month. There will be no traffic in or out of the facility other than those visits and for any emergency situations that should arise. At a Joint Public Hearing held January 28, 2013, the Planning Commission recommended approval 8:0 of the specific use permit subject to the following condition: 1. Site and driveway shall be graded to drain towards the street. No storm water shall drain onto adjacent properties. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following condition: 1. Site and driveway shall be graded to drain towards the street. No storm water shall drain onto adjacent properties. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOWA CELLULAR TELECOMMUNICATIONS TOWER IN A HI (HEAVY INDUSTRIAL) DISTRICT AT 2390 DOLLINGER ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Verizon Wireless, by and through its agent Shep Poland, has applied for a specific use permit to allow a cellular telecommunications tower in a HI (Heavy Industrial) District at 2390 Dollinger Road, as described in Exhibit"A"and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a cellular telecommunications tower in a HI (Heavy Industrial) District at 2390 Dollinger Road, subject to the following condition: • Site and driveway shall be graded to drain towards the street. No storm water shall drain onto adjacent properties. ;and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to a cellular telecommunications tower in a HI (Heavy Industrial) District at 2390 Dollinger Road, as described in Exhibit"A"and shown on Exhibit "B," attached hereto, is hereby granted to Verizon Wireless, its legal representatives, successors and assigns, as shown on Exhibit"C,"attached hereto and made a part hereof for all purposes, subject to the following condition: • Site and driveway shall be graded to drain towards the street. No storm water shall drain onto adjacent properties. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"C," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of February, 2013. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Tract 1 - Being a certain 0.0612 acre tract of land situated in the A. Williams Survey, Abstract No. 385 in Jefferson County, Texas,being out of a called 9.93 acre tract of land conveyed to T.C. Renfrow Companies, L.L.C.,by Special Warranty Deed recorded in Clerk's File No. 2009001820 of the Jefferson County Official Public Records of Real Property, City of Beaumont, Jefferson County, Texas, containing 0.0612 acres, more or less. Tract 2 - Being a certain 0.0707 acre tract of land situated in the A. Williams Survey, Abstract No. 385 in Jefferson County, Texas,being out of a called 9.93 acre tract of land conveyed to T.C. Renfrow Companies, L.L.C.,by Special Warranty Deed recorded in Clerk's File No. 2009001820 of the Jefferson County Official Public Records of Real Property, City of Beaumont, Jefferson County, Texas, containing 0.0707acres,more or less. I EXHIBIT "A" File 2157-P: Request for a specific use permit to allow a cellular telecommunications tower in an N HI(Heavy Industrial)District Location: 2390 Dollinger pplicant: Shep Poland 0 100 200 I I t Feet R=S , i � Legend ! __ - RM-H RM-H i 2157P R"dM'AN ST GC-MD RM H !J-RWH i I � ! 1 ;RM`H I I pVRpEN ST 9� I ' � I ! =INGER RD \ DOLL � � I \� \ U GC_MD GC-MD GC-MID EXHIBIT "B" EQUPMEW UTILITY RACKIIN'OTE: Fi C-CN 7F.A---T-F UTILITY RACK W11H l,,ET-.F,,, E,!SCONIIECT, PCVIEP rAkEL/A T.S.-,;, 13 TO FEP,�iR ALL DA,A,�G'E PEF�LJLTINC FRON,I C-CINSTFUC71,014 "H TO PRE C.,J�NSTRLJF-T!1311 - - I 1 3' CEIviARC,,1S7DPA,,E Box, "UF��E �,PRESTC,P- GFI P!--0 AND 44 i CIJDIT I ON OM PL E T Ck, k'2.-F 1.6iOR i,. TVItST T!IvIEP, SWITCH FC-F? SIT LIGHT r',13f,47POLLER MOUNTED z�1 liIIISTPUT RACK ON PDX;TS AkCHOPED T() DRILLED FOOTI"Jo AND C 014 7RA r TO R D;',�A T E Si T F S S TIMES SHi%L' E(,-,i'IPME!IJT L0I- -!i-IN'S WITH LAHE) CORD. �,IEST M NEA, STEEL P1-ATF;)F:M. JEPIFY A.LL RF01 1;�EfoEN7'S 0"I T - LESSEE.: Cr0I iS-TPIJrTiO11 t,'AH ^ER PRIOR TO C'.--)MPLE71,7G WOF'IC 3.j ICE BRIDGE LENGTH SHOM-1 iS RELATIVE. LENGTH AND EXACT ALIGNMENT 114TH SHELTER [,,IL.Y VARY MOM ' DRAWING DIMIINEIDNS LE FRIDGE WILL APPROACH TGAER. AS SHOWN. C(,14TPACTOP 'SHALL CLEAP. ANU LEVEL SITE -31-JLY AS RECuPED FOR i EQUIPMENT Bt TOWER I,,SALLA,71rJH. \ /� LESSEE'S LEASE LINE FOR 2564 SO.FT, Ek'/S 7ING LEASE SPACE CL FENCE'. T�'P.. 30 10 0 30) SCALE: = 30'-0 EXISTING \\<� // '- �\ �\ ��\ INDUSTRIAL PROPERTY - LES�EE'S 18 LESSEE'S TO RELOC ATE MONOPOLE EXISTING 24' GATE TO SIDE EXISTING LINE IN EXISTING FENCE BUILDING. AND TO TIE NEW FENCE T EXISTING FENCE AT SE CORNER. LESSEE'S 1560 SO.F1 SITE PAVED WITH CPUS+-iED LUESTONE C 0 F ACTEC: TO 957 LESSEE'S ACCESS DRIVE PAVED WITH STD PROCTOR. CRUSHED LIMESTONE COMPACTED 95% STD PROCTOR. LESSEE TO -0 REHAB EXISTING DR!,/[ ENTRAN \,401 tk LESSEE'S O.H.P POWER RUN BY LOCAL PRID✓IDER EXISTING INDUSTRIAL — PROPERTY. \ � \ \ /' S7,7[f'�, U C.7TELCn I-(Dill ILI U I I L EkIS77NO POWER POLES POKIER ll,,,IE- TO & OVERNEAD PC EXISTING CURS CUT 9E REUSED RY LESSEE, f I BLOCK TO 71h ST. DOLLIN LER ROAD APPLIC,,N7 SITE LE 17,S,EE ITE L 0 0\1/IEF'.-,\.LL PLAT',] ^,-,E—ICCIRE-75 r--, APPLI - 47 !A & E FIRM IHFCJRM,�71014 151T,-- P H 'S I C fi L A !PE WiF'F=-S EF.'i7,_ Iv1,,,Efl0iET OF F-6cz U.0 I AMS Engineering, Inc. 1141 DCLUMC-F -,!rE,,Cj -E, --F F:1) 1 14112— BEA�-M,OLJT, 7,� 7 7 7.,-, Wi-k.Sh.D. .1d rl.&-", T 7,- A S 7—r,r,I H-USTDii. T', N Ci 1, 7,1_—V) 0 7 1 5L S.-11. pl— fr1l) L Subject to the following condition: 1. Site and driveway shall be graded to drain towards the street. No storm water shall drain onto adjacent properties. EXHIBIT "C" 3 February 5,2013 Consider a resolution authorizing the City Manager to execute a contract with PM Construction & Rehab, LLC, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXIV Project RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • S City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., City Utilities Director MEETING DATE: February 5, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with PM Construction&Rehab, LLC, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXIV Project. BACKGROUND The proposed contract is with PM Construction&Rehab, LLC, of Pasadena in the amount of $970,600.00(bid tabulation attached). The project will rehabilitate approximately 300 linear feet of 6-inch, 1,520 linear feet of 8-inch, 200 linear feet of 10-inch, and 7,605 linear feet of 15-inch sanitary sewer lines, stabilize approximately 80 (eighty)vertical feet of existing manholes, abandon approximately 1 (one) existing manhole, furnish and install approximately 8 (eight) manholes, remove and replace approximately 11 manholes, furnish and install 1 (one) end of line cleanout,replace approximately 11 long side and 15 short side service line connections,clean and televise 9,245 linear feet of existing and 9,245 linear feet of newly burst sanitary sewer lines, and televise approximately 26 existing sanitary sewer service lines. The MBE participation will be with Chief Solutions, Inc. of Houston; MMG Contractors of Houston; 5M Rope& Supply, LLC, of Pearland; and CBL Industries, LLC, of Pearland. The total amount of the subcontracts is $199,264.18,which represents 20.53 percent of the total bid. The project area is divided among two areas. The first area is near Parkdale Mall along Eastex Freeway from Cole Road to Dowlen Road,then along Crow Road south to Folsom Drive. The second area is located along Gorman Road from Cardinal Drive to the Ector Street Ditch. The project was designed by City Staff and the Engineer's estimate for the project was $1,310,000. The existing sewer lines in these areas 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. February 5, 2013 i Page 2 of 2 FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. • • February 5, 2013 Page 2 of 2 FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. OF T, \111 ? �P••'••'•. y 11 BID TABULATION �i�*CC, .• •.`r* 1 SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XXIV * * It BID OPENING DATE:Thursday January 10,2013 @ 2:00 PM / """"---- -'------------- ------�/ / AMALIA VILLARREAL / The Bid Proposals submitteckhave been reviewed and to the best of my kn edge this is an ccurate tabulation of the bids received. y-� ••••••.OW6........ -�.�41 3 I1,o,��•.�ENSE. � AV By:Amalia Villarreal,PE,Water Utilities Engineer ate:1/11/2013 �G PM Construction&Rehab,LP Horseshoe Construction Inc S /ON ALE�� ITEM NUMBER QUANTITY DESCRIPTION PASADENA,TX La PORTE,TX BAC ONG JAMES R.HOLT UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.1 1 MOBILIZATION $ 21,000.00 $ 21,000.00 $ 30,000.00 $ 30,000.00 ITEM NO.2 300 8"HOPE by pipe bursting $ 45.00 $ 13,500.00 $ 35.00 $ 10,500.00 ITEM NO.3 1,520 10"HDPE by pipe bursting $ 48.00 $ 72,960.00 $ 39.00 $ 59,280.00 ITEM NO.4 200 12"HDPE by pipe bursting $ 52.00 $ 10,400.00 $ 60.00 $ 12,000.00 ITEM NO.5 7,605 18"HDPE by pipe bursting(non-reinforced) $ 88.00 $ 669,240.00 $ 115.00 $ 874,575.00 ITEM NO.6 80 Stabilization of existing manhole. $ 200.00 $ 16,000.00 $ 250.00 $ 20,000.00 ITEM NO.7 1 Abandon existing manhole in place. $ 1,200.00 $ 1,200.00 $ 1,000.00 $ 1,000.00 ITEM NO,8 2 Furnish and install manhole in grass $ 4,000.00 $ 8,000.00 $ 4,000.00 $ 8,000.00 ITEM NO.9 6 Furnish and install manhole in roadway $ 4,500.00 $ 27,000.00 $ 6,250.00 $ 37,500.00 ITEM NO.10 4 Remove and replace manhole in grass $ 4,000.00 $ 16,000.00 $ 5,850.00 $ 23,400.00 ITEM NO.11 7 Remove and replace manhole in roadway $ 4,500.00 $ 31,500.00 $ 6,850.00 $ 47,950.00 ITEM NO.12 1 Furnish and install end of line cleanout. $ 11750.00 $ 1,750.00 $ 2,000.00 $ 2,000.00 ITEM NO.13 11 Replacement of 4"long side service connection. $ 805.00 $ 8,855.00 $ 1,500.00 $ 16,500.00 ITEM NO.14 15 Replacement of 4"short side service connection. $ 515.00 $ 7,725.00 $ 800.00 $ 12,000.00 ITEM NO.15 26 Televise existing sanitary sewer service lines $ 200.00 $ 5,200.00 $ 75.00 $ 1,950.00 ITEM NO.16 Clean and televise 8 and 15-inch existing sanitary 9,245 sewer lines. $ 4.00 $ 36,980.00 $ 3.00 $ 27,735.00 Clean and televise 10 thru 18-inch newly pipe ITEM NO.17 9,245 burst sanitary sewer lines. $ 2.00 $ 18,490.00 $ 2.50 $ 23,112.50 ITEM NO.18 1 Trench Safety Plan $ 1,800.00 $ 1,800.00 $ 3,000.00 $ 3,000.00 ITEM NO.19 1 Trench Safety System $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 ALT ITEM NO.5 7,605 18"HOPE by pipe bursting(reinforced) $ 90.00 $ 684,450.00 $ 130.00 $ 988,650.00 TOTAL BASE BID 1, Acknowledge Addenda 1 -3 Yes Yes Bid Summary Yes Yes Bid Bond Yes Yes Corporate Resolution Yes Yes Information Required of Bidder Yes Yes Provision on Conflict of Interest Yes Yes Conflict of Interest Questionnaire Yes Yes Minority Business Utilization Commitment Yes Yes Schedule C(MBE Participation) Yes Yes Minimum Experience Yes Yes Bound Book Enclosed with Bid Yes Yes CITY OF BEAUMONT SCHEDULE C (MBE PARTICIPATION) R4 02Hnt=4 &H�*4 IIC NAME CERTIFIED MBE ADDRESS TYPE OF WORK AGREED PRICE CONTRACTOR CHIFF SCIAi'MS, RC 1535 PMr CW 1U 0mv $48,044.70 HM3 N, '1X 77055 NNG 02MOCS36 8020 RSWI.L $55,518.32 MBMq, ZX 77022 94 1U& Si PrZ, IW 2505 KV 10 Mfffm $45,035.84 PII9t2", 9X 77581 aL DUHM EB, IIC 25051*X 1U PAVIM $50,665.32 PII YID, TK 775M 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. SIGNATURE I COAL N ![ R TITLE 41 RESOLUTION NO. WHEREAS, bids were solicited for a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXIV Project; and, WHEREAS, PM Construction and Rehab, LLC, of Pasadena, Texas, submitted a bid in the amount of$970,600; and, WHEREAS, City Council is of the opinion that the bid submitted by PM Construction and Rehab, LLC, of Pasadena, Texas, in the amount of$970,600 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 PM Construction and Rehab, LLC, of Pasadena, Texas, in the amount of$970,600 for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXIV Project be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with PM Construction and Rehab, LLC, of Pasadena, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of February, 2013. - Mayor Becky Ames - 4 February 5,2013 Consider a resolution approving the purchase of High Density Polyethylene Pipe and materials from H.D. Supply, Inc., for use in the Water Utilities Department i RICH WITH OPPORTUNITY IIEAUMON* 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: February 5, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of High Density Polyethylene Pipe (HDPE) and materials from H.D. Supply, Inc., of Beaumont for use in the Water Utilities Department. BACKGROUND Bids were requested for the purchase of 35,000 feet of HDPE pipe in various sizes,together with ancillary materials that are used in the Sewer Rehabilitation Program. The low bid of $211,418.30 was received from H.D. Supply, Inc. FUNDING SOURCE Water Utilities Improvement Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for 35,000 feet of high density polyethylene pipe (HDPE) and ancillary materials for use by the Water Utilities Department; and, WHEREAS, HD Supply, Inc., of Beaumont, Texas, submitted a bid in the unit amounts as shown on Exhibit"A,"attached hereto, for a total amount of$211,418.30; and, WHEREAS, City Council is of the opinion that the bid submitted by HD Supply, Inc., of Beaumont, Texas, provided the best value for the City and 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 HD Supply, Inc., of Beaumont, Texas, for the purchase of 35,000 feet of high density polyethylene pipe and ancillary materials for use by the Water Utilities Department as shown on Exhibit"A,"attached hereto, for a total amount of $211,418.30 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of February, 2013. - Mayor Becky Ames - ales+na e►►sa*WRIT► CITY OF BEAUMONT-PURCHASING DIVISION BEAUMOW R.J.Hollar-Buyer II T , s , _ , A , S 409-880-3758 rhollar@ci.beaumont.tx.us BID TABULATION: PURCHASE OF HDPE PIPE&MATERIALS BID No. 8F1213-07 OPENING DATE: Thursday,January 24,2013 SECTION 1 - Vendor HD SUPPLY ISCO INDUSTRIES CONSOLIDATED SUPPLY RURAL PIPE&SUPPLY ACT PIPE&SUPPLY City State Beaumont LOUISVILLE KY NAMPA ID JASPER BEAUMONT Item 1899 (800)345-4726 (208)463-9909 (409)384-5800 813-2796 16.59 $ O.OU $ 1 1 1 1 4. 4. 9 , 6000 11 4 1 1,350.00 0.26 1,300.001 $ O.Z7 7, 0. 2 1, 0 Z04,1 1 1 SECTION 2-ADAPTERS&CPLGS m 0.95 .00 1.05 S 630.00 1.08 $ 648.00 S 1.06 S 636.00 S 8.25 S 4,950.00 101.00 $ 4,040.00 $ 100.27 S 4,010.80 104.30 S 4,172.00 1 S 82.40 HA VEY 5 93.30 $ AIC,00 S 11 109.71 2,194.26' 11 S.OS $ 2,301.00 $ 92.70 S 1, 5400 0 12 HA VEY 1 . 169. 0 3,380.00 167.35 $ 3,347.00 174.19 ,4 $156.56 $ 1 1. 1 4. 1,549.40 5 1, 1 11, 14, H TOTAL BID 1 1 0. 219,779.95 ,991.20 229 7 9. m SECTION 1 -POLY PIPE x Vendor COBURNS FORRER SUPPLY TEXAS IRRIGATION SUP W City State BEAUMONT HOUSTON ROUND ROCK t) Item 835-1447 (262)257-9523 (210)323-8906 20000 1 4. 5, 00.00 4.64 S 9 ,8 0.0 S 4.94 S 00. 0 - - 11 .24 49,440.00 7. 47,995'60-1-9- 8.72 $ 52,320.00 1 $ - - 1,500. 0 0.27 1,350.00 - s - T TAL E 1 Z 15,890.00 10, - - SECTION 2-ADAPTERS&CPLGS fi S 1.03 $ 618.00 S 7.11 $ 4,266.00 $ 1.18 s 708.00 - $82.00 3,280.00 9 141.60 $ 5, - s - 0 1,84S.001 107.20 2,144.00 15 .O1 ,1 - - 20 12'HARVEY 7-71=T 3,1 Woo $ 163.SS $ 3,271.00 .0 - - TOTAL 10,047.00 15,1 16,351.55 s - s - T 5 4 . - - 5 February 5,2013 Consider a resolution authorizing the City Manager to execute a five-year agreement with the Lower Neches Valley Authority to secure an uninterrupted surface water supply for the City of Beaumont I RICH WITH OPPORTUNITY BEA,UMON* T • E • X , A • a City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., City Utilities Director MEETING DATE: February 5, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a five-year agreement with the Lower Neches Valley Authority to secure an uninterrupted surface water supply for the City of Beaumont. BACKGROUND The City of Beaumont has 50 million gallons per day of run of river surface water rights from the Neches River. During periods of drought and/or low rainfall, run of river may not have the volumes required to meet the City's potable water demand. Therefore, releasing stored water owned by the Lower Neches Valley Authority from Sam Rayburn Reservoir and/or B.A. Steinhagen Lake is necessary to provide uninterrupted potable water to the citizens. This agreement will reserve 6,000 acre-feet(1.95 billion gallons)per annum of water in storage for a yearly cost of$97,755 ($0.05 per 1,000 gallons). When the flow in the river cannot provide the City's demand,the surface water requested from the Lower Neches Valley Authority by the City to be released from storage will be paid for at an additional rate of$0.05 per 1,000 gallons. The City of Beaumont will pay the Lower Neches Valley Authority $100,000 upon execution of the agreement in consideration of the long term uninterrupted water supply. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a five-year Water Supply Agreement and Mutual Release with Lower Neches Valley Authority to secure an uninterrupted surface water supply for the City of Beaumont. 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 5th day February, 2013. - Mayor Becky Ames - WATER SUPPLY AGREEMENT AND MUTUAL RELEASE BETWEEN CITY OF BEAUMONT AND LOWER NECHES VALLEY AUTHORITY THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF JEFFERSON § THIS WATER SUPPLY AGREEMENT AND MUTUAL RELEASE (the "Agreement's is entered into between the City of Beaumont, Texas, a Texas home-rule city operating pursuant to its charter and the provisions of the Texas Constitution and Laws of the State of Texas (the "City', and the Lower Neches Valley Authority, a political subdivision and agency of the State of Texas and a conservation and reclamation district created and governed by the provisions of Article 16, Section 59 of the Texas Constitution(`LNVA'). In this Agreement, the City and LNVA are sometimes individually referred to as "Party" and collectively referred to as the "Parties." WHEREAS, the LNVA has certain senior run of the river rights in the Neches River from 1913 of 326,360 acre feet; and WHEREAS, LNVA has the right to divert and use stored water from Sam Rayburn Reservoir ("Sam Rayburn") and B.A. Steinhagen Lake ("Steinhagen") pursuant to its Certificate of Adjudication No. 06-4411, as amended, and a 1956 contract with the United States Army Corps of Engineers; and WHEREAS, LNVA is authorized to make waters in Sam Rayburn and Steinhagen available for beneficial use for municipal, industrial, agricultural, and mining use; and WHEREAS, the City is the holder of Certificate of Adjudication No. 06-4415, as amended, which authorizes it to divert and use 56,468 acre-feet of water per annum from the Neches River; and WHEREAS, the City is in need of additional water supplies to supplement its run-of- river diversion authorization from the Neches River; and WHEREAS, the City and LNVA desire to enter into an agreement whereby LNVA makes available up to 6,000 acre-feet of uninterruptible water supplies per year for the City pursuant to the terms and conditions provided herein. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement,the Parties agree as follows: January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 3316769.1 EXHIBIT "A" I. DEFINITIONS 1.01 "Agreement" means this agreement regarding water supply between LNVA and the City. 1.02 "Annual Reserved Quantity"means the total volume, expressed in acre-feet per Calendar Year, which LNVA agrees to make available and the City agrees to reserve. For this Agreement,the amount is 6,000 acre-feet per annum. 1.03 "Calendar Year" means that period beginning on January 1 and ending December 31 of any year. 1.04 "City"means the City of Beaumont. 1.05 "Delivery Point" means the point at which the City accepts delivery of water from the LNVA in the Neches River at its existing or future pumping facilities. 1.06 "Diversion Request"means the quantity of water reported to LNVA as a request from the City to be available in the Neches River for the City's use. This request must be delivered to LNVA four (4) days prior to the City's anticipated withdrawal from the Neches River near Beaumont, Texas, regardless of the anticipated source of the surface water. 1.07 "Effective Date"means December 31, 2012. 1.08 "LNVA"means the Lower Neches Valley Authority. 1.09 "LNVA Municipal Rate" means the published Municipal Rate approved by the LNVA Board of Directors and in effect on the Effective Date of this Agreement, or on the 5 year anniversary date of this Agreement or any extension. 1.10 "Meter" means the meter installed and maintained by the City at its pumping facilities pursuant to the terms of this Agreement. 1.11 "Payment Date" means January 30'' of each Calendar Year, that date on or before which the City shall remit the Reservation Fee. 1.12 "Release Fee" means the fee paid by the City for the Water LNVA actually released from storage for City's use pursuant to a request made by the City and any additional quantity of water withdrawn by the City from the Neches River which, as determined by accounting would not have been available as run-of-river but for the releases of water from Steinhagen and/or Rayburn storage. 1.13 "Release Point" means that point at which LNVA releases water to the Neches River immediately below the outfall of Steinhagen. 1.14 "Release Unit Price"means one quarter(t/4) of the LNVA Municipal Rate. January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 2 3316769.1 1.15 "Reservation Fee" means that amount paid by the City to reserve an uninterruptible supply of water from storage in the amount of the Annual Reserved Quantity from LNVA. 1.16 "Reservation Unit Price"means one quarter('/4) of the LNVA Municipal Rate. 1.17 "TCEQ" means the Texas Commission on Environmental Quality and any successor agency. 1.18 "Uncontracted Water Rate"means the published Spot Purchase Rate approved by the LNVA Board of Directors and in effect at the time LNVA releases water for the benefit of the City in excess of the Annual Reserved Quantity. 1.19 "Uncontracted Water Fee" means the amount to be paid by the City for water released from storage for the City in excess of the Annual Reserved Quantity in any given calendar year. 1.20 "Water" means that raw water reserved by the City as part of the Annual Reserved Quantity made available by LNVA pursuant to this Agreement. II. WATER SUPPLY 2.01 Uninterruptible Water Supply and Title Thereto. The Parties hereby agree that from and after the Effective Date hereof, LNVA shall make the Annual Reserved Quantity available to the City for diversion and use. LNVA warrants that it can provide the Annual Reserved Quantity on a firm, uninterruptible basis throughout the term of this Agreement. LNVA agrees that the City may take Water at any time after the Effective Date of the Agreement, in accordance with the terms and conditions of the Agreement. Title to the Water actually released by LNVA pursuant to this Agreement shall pass to the City upon the LNVA's delivery at the Delivery Point. The Parties agree that there shall be no conveyance losses associated with the delivery of Water from the Release Point to the Delivery Point. City acknowledges that it will accrue no equity or any other interest in the LNVA water rights or any other assets of LNVA as a result of payment or other performance of City under this Agreement. 2.02 Water Release, Diversion,and Use. (a) Release. At any time, the City may exercise its right to take Water up to the Annual Reserved Quantity by delivering written notice thereof to LNVA of the City's anticipated demand not less than four (4) days prior to the City's diversion of that Water from the Neches River at the Delivery Point. The City's anticipated Diversion Request shall be reported to LNVA as a diversion rate in terms of cubic feet per second (CFS) or in terms of million gallons per day (MGD). Pursuant to the "Plan of Operation" attached hereto as "Exhibit A", the City will communicate with LNVA its Diversion Request for every day of the year, regardless of whether or not the City believes its diversion will be met by its own water rights or supplemented by Water from the LNVA. The Water supplied hereunder shall be made available to the City by LNVA releasing water at the Release Point. The anticipated Diversion Request shall be delivered to LNVA by the City's Water Utilities Director or his designee and shall specify the rate and quantity at which the City anticipates diverting water from the Neches River. January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 3 3316769.1 LNVA will have the sole responsibility of determining the appropriate release request to the United States Army Corps of Engineers and ensure a sufficient supply of water is available in the Neches River to meet the needs of both the LNVA and the City. Except during those events qualifying as a force majeure event under Section 4.18, LNVA shall make the delivery by allowing the Water to be released out of Steinhagen by use of the gated facilities located in or near the dam of Steinhagen. LNVA shall begin to release the amount of Water requested within forty-eight (48) hours of the City's request. Within twenty-four (24) hours of making the requested release, LNVA shall provide written confirmation that the requested quantity of Water has been released. LNVA shall have the sole responsibility for delivery of such Water to the Delivery Point. The City shall be responsible for obtaining any federal, state, county or local approvals required for acceptance, transport, diversion and use of the Water. The City shall be responsible for filing a copy of this Agreement with TCEQ as required by the agency's regulations. Notices provided under this Section shall not be required to be delivered to the "with copy to"parties identified in Section 4.16. (b) Diversion and Use. The City may divert Water up to the Annual Reserved Quantity at its pumping facilities on the Neches River, as the point of such facilities is reflected on the map attached hereto as "Exhibit B". Notwithstanding the foregoing, the City shall be authorized to divert Water pursuant to this Agreement at any additional pumping facilities authorized by TCEQ for use by the City now or in the future. The City shall divert Water at a rate of no more than 156 cfs. The City shall use Water diverted pursuant to this Agreement for municipal, purposes only, except for that portion of Water it may sell to its existing raw water customer as of the date of this Agreement, the Beaumont Country Club. City is prohibited from selling Water delivered pursuant to this Agreement, except to the Beaumont Country Club, an existing customer to whom the City sells raw water at the time of the Effective Date of this Agreement; however, City may sell potable water within the City's extra territorial jurisdiction, municipal boundaries or Certificate of Convenience and Necessity area, as these areas may change from time to time, or to wholesale potable water customers. This Agreement in no way limits the City's right to sell its treated effluent for any lawful purpose. 2.03 Metering. The City shall install, operate, and maintain at the City's expense such flow meters and recording devices to permit, within two percent (2%) accuracy, determination of quantities of water diverted by the City at its point(s) of diversion from the Neches River, in units of not more than 1,000 gallons. The City shall own the Meter and shall be responsible for operation, maintenance and replacement thereof. The Meter shall be calibrated annually, but may be tested at any reasonable time by either Party to this Agreement, provided that the Party making the test shall notify the other Party at least three (3) business days in advance and allow the other Party to witness the test. In the event that any question arises at any time as to the accuracy of the Meter, such Meter shall be tested by the City promptly upon the demand of LNVA, the expense of such test to be borne by LNVA if the Meter is found to be within 2% accuracy and by the City if it is found not to be within 2% accuracy. If, as a result of any test, any meter is found to be registering inaccurately (i.e., not within 2% accurate), the readings of such meter shall be corrected at a rate of its inaccuracy for any period which is definitely known or agreed upon or, if no such period is known or agreed upon, the shorter of the following periods shall be used as the basis for correction: January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 4 3316769.1 a) a period extending back either thirty (30) days from the date of demand for the test or, if no demand for the test was made, thirty (30) days extending back from the date of the test; or b) a period extending back one-half of the time elapsed since the last previous test; and the records of the readings and all payments which have been made on the basis of such readings, shall be adjusted accordingly. 2.04 Accounting. LNVA agrees to pass all water through Sam Rayburn and/or Steinhagen to which the City is entitled pursuant to the City's priority under its water right authorizations, including Certificate of Adjudication No. 06-4415, for diversion and use by the City. In order to account for that water passed through the reservoirs, available from inflows downstream of Steinhagen, and released from storage to satisfy the City's downstream demands, Parties shall maintain a detailed account of that water which it passes pursuant to the City's own water right authorizations, including Certificate of Adjudication No. 06-4415, and that Water released pursuant to this Agreement which shall count against the Annual Reserved Quantity using an accounting plan. Parties agree that LNVA shall employ the accounting plan approved by the TCEQ for such purposes, which is attached hereto as "Exhibit C". LNVA agrees to make the accounting of the water pursuant to the approved plan available for inspection by the City during normal business hours, and shall on a monthly basis provide the latest version of the accounting plan to the City at the address designated in this Agreement. The accounting plan attached as Exhibit C may be revised only by mutual written agreement of the City and LNVA. 2.05 Water Conservation and Drought Contingency Planning. The City agrees to use reasonable diligence to avoid waste and achieve water conservation of the Water and agrees to abide by the financial obligations imposed under Section 9 (a) — (d) of LNVA's Drought Contingency Plan, which incorporates provisions of Texas Water Code §11.039 governing the distribution of water during the shortage, as adopted by the LNVA Board and approved by the TCEQ. The City agrees to at all times implement and enforce the provisions of its own water conservation and drought contingency plans, as formally adopted by the City Council and approved by the TCEQ. 2.06 Water Quality. The City and LNVA agree that LNVA makes no representations or warranties, express or implied, as to the suitability, quality, or usefulness for any purpose of Water supplied pursuant to this Agreement and that Water is provided by LNVA to the City "as- is" at the Delivery Point. III. PAYMENT 3.01 Reservation Fee. In consideration of the agreement of LNVA to provide the Annual Reserved Quantity each Calendar Year from and after the Effective Date pursuant to the terms of this Agreement, the City agrees that it shall pay annually to LNVA the Reservation Fee. January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 5 3316769.1 The Reservation Fee paid by the City to reserve the Annual Reserved Quantity to be made available by LNVA pursuant to this Agreement shall consist of annual payments calculated by multiplying the Annual Reserved Quantity times the Reservation Unit Price, to reserve the Annual Reserved Quantity for the City's use. 3.02 Release F ee. Should LNVA actually release Water pursuant to a Diversion Request made by the City under this Agreement, the City agrees to remit to LNVA the Release Fee, calculated by multiplying the Release Unit Price by the quantity of Water actually released by LNVA at the Release Point as necessary to satisfy the Diversion Request made by the City pursuant to this Agreement. Should the City actually divert Water in excess of the amount it has requested pursuant to its Diversion Request but less than the Annual Reserved Quantity, the City shall remit to LNVA the Release Fee for both that amount of Water it requested pursuant to its Diversion Request, as well as the additional amount of Water the City actually diverted above the amount in the Diversion Request. 3.03 Uncontracted Water Fee. Should LNVA actually release water pursuant to a Diversion Request made by the City under this Agreement in excess of the Annual Reserved Quantity, the City agrees to remit to LNVA the Uncontracted Water Fee, calculated by multiplying the Uncontracted Water Rate by the quantity of water actually released by LNVA at the Release Point in excess of the Annual Reserved Quantity. 3.04 Payment of Fees. (a) Reservation Fee. The City agrees to remit to LNVA the full sum of the Reservation Fee on or before the Payment Date each year, in consideration of LNVA's warranty that it will reserve and make available on a firm, uninterruptible basis, the Annual Reserved Quantity for diversion and use by the City in that Calendar Year. Should LNVA fail to receive the full Reservation Fee by the Payment Date, such failure shall be considered a breach of contract by the City, but upon written notice by LNVA to the City, the City will be entitled to cure such breach within thirty (30) days of its receipt of such written notice by payment of such Reservation Fee. (b) Release Fee and Uncontracted Water Fee. On or before the forty fifth (45th) calendar day following the end of the first month after the Effective Date during which LNVA releases water for use by the City pursuant to its Diversion Request, and each month thereafter during which LNVA releases water pursuant to the City's Diversion Request, LNVA shall deliver to the City an invoice reflecting the amount of Water actually released and delivered for use by the City pursuant to this Agreement, and the amount of the Release Fee and Uncontracted Water Fee (if any) accrued therefrom. The Uncontracted Water Fee (if any) shall be based on that water released from storage by LNVA pursuant to a Diversion Request made by the City and as determined by the accounting plan attached as Exhibit C. No Release Fee or Uncontracted Water Fee will be assessed for flows to which the City is entitled under its own water right January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 6 3316769.1 authorizations that are passed through Sam Rayburn and Steinhagen or that originate below Steinhagen. On or before thirty (30) calendar days from receiving such invoice, the City shall pay the Release Fee and Uncontracted Water Fee (if any) identified in the applicable invoice, in full, to LNVA at the address set forth in this Agreement, subject to the City's right to challenge the amount of the respective Release Fee and Uncontracted Water Fee (if any) in accordance with Section 3.05. 3.05 Dispute as to Fees. If the City at any time disputes the Release Fee or Uncontracted Water Fee (if any) included in an invoice provided to LNVA, the City shall notify LNVA in writing, on or before the date that payment to LNVA is due, of the amounts disputed in good faith by the City and the basis therefor. In the event LNVA agrees with any timely notice of dispute by the City, it shall notify the City and reflect the appropriate adjustments on the next month's invoice delivered to the City. If LNVA fails to respond to the City within thirty (30) days after receipt of a timely notice of a disputed Fee, then the disputed amounts in the notice shall be deemed to be resolved in the City's favor. Otherwise, LNVA shall give written notice to the City of its disagreement with the City regarding the disputed amount, stating the reasons therefor, within thirty (30) days after receipt of notification of the disputed amount from the City. If it is subsequently determined by agreement or court decision that the disputed amount should have been more or less, LNVA shall promptly revise the subsequent invoice amount in a manner that will allow the City to either recover or remit the amount overpaid or underpaid. 3.06 Price and Quantity Adjustment. The Reservation and Release Unit Price of Water shall be fixed from the Effective Date for a period of five (5) years, and in five-year increments thereafter. At the end of the first five-year period and each five-year period thereafter, the Reservation Fee Unit Price and the Release Unit Price will be reassessed based on the Municipal Rate then in effect as fixed by the LNVA Board of Directors. All prices are subject to compliance with the LNVA Drought Contingency Plan as approved by the TCEQ. The Uncontracted Water Rate will not be fixed for any extended term and will be the Spot Purchase Rate adopted by the LNVA Board of Directors from time to time and in effect at the time releases of Water by LNVA exceed the Annual Reserved Quantity. IV. GENERAL PROVISIONS 4.01 Term of Agreement. The term of this Agreement shall be for a period commencing on the Effective Date and ending five (5) years thereafter. The Parties agree that this Agreement may be extended by the City as set forth in Section 4.02, or by mutual agreement between the Parties. 4.02 Option to Extend Term. The Parties agree that the City shall have the right to elect to extend the term of this Agreement for up to eight (8) additional five (5) year periods (an "Extension Period"). In order to elect an Extension Period, the City shall deliver written January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 7 3316769.1 notice of said Extension Period four (4) years from the Effective Date hereof or one (1) year before the end of the term of the Agreement or any Extension Period. Should the City fail to elect an Extension Period by such date, LNVA shall provide written notice to the City of the expiration of the Agreement. Upon written notice by LNVA of the expiration of the Agreement due to the City's failure to elect an Extension Period, the City may cure such expiration by providing written notice to LNVA of its election of an Extension Period within thirty (30) days of receiving notice from LNVA. 4.03 Termination. The City may terminate this Agreement only as provided in Sec. 4.02 or by mutual written agreement of the Parties. 4.04 Representations and Warranties. The City and LNVA hereby represent and warrant that: (a) the signatories to this Agreement have been given the lawful authority by their respective governing bodies to enter into this Agreement; and (b) both LNVA and the City will at all times during the term of this Agreement comply with all orders, rules, and regulatory requirements of the TCEQ or any successor agency. LNVA hereby represents and warrants that: (a)the water supply it is providing to the City pursuant to this Agreement is intended to be made available on a firm, uninterruptible basis; and (b) it will not enter into any future water supply agreements or otherwise obligate itself in a manner beyond the firm yield of its State issued water rights authorizations. 4.05 Effectiveness. The effectiveness of this Agreement is dependent upon LNVA and the City's compliance with the requirement of Chapter 297, Subtitle J of Title 30 of the Texas Administrative Code (relating to Water Supply Contracts and Amendments). 4.06 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement will not be affected and this Agreement will be construed as if the invalid portion had never been contained herein. 4.07 Assignment. Except as otherwise provided herein, the assignment of this Agreement by any Party is prohibited without the prior written consent of the other Parties. All of the respective covenants, undertakings, and obligations of each of the Parties will bind that Party and will apply to and bind any successors or assigns of that Party. 4.08 Pledge of Revenue. City represents and covenants that all payments to be made by it under this Agreement shall constitute reasonable and necessary operating expenses of its system as defined in Tex. Gov't. Code Ann. §§ 1502.001-.058 (Vernon 2001), and that all such payments will be made from the revenues of its water system. City represents and has determined that the water supply to be obtained from the LNVA System is absolutely necessary and essential to the present and future operation of its facility and is the only available and adequate source of supply of water therefore, and, accordingly, all payments required by this Agreement to be made by City shall constitute reasonable and necessary operating expenses of City's plant and system or systems as described above with the effect that the obligation to make such payments from revenues of such system or systems shall have priority over any obligation to make any payments from such revenues, whether of principal, interest, or both, with respect to all bonds heretofore or hereafter issued by City. January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 8 3316769.1 City agrees throughout the term of this Agreement to continuously operate and maintain its water system and to fix and collect such rates and charges for water services to be supplied by its water system as will produce revenues in an amount equal to at least (i) all of its payments under this Agreement and (ii) all other amounts as required by the provisions of the ordinances or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding. Unless otherwise specifically provided in writing by subsequent agreement between LNVA and City, LNVA shall never have the right to demand payment by City of any obligation assumed or imposed on it under this Agreement from funds raised or to be raised by taxation, it being expressly understood by LNVA and City that all payments due by City are to be made from the revenues and income received by City from the ownership and operation of its plant or facility. This is a contract that is subject to Chapter 271, Texas Local Government Code. 4.09 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 4.10 Third Party Beneficiaries. Except as expressly provided for herein, nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement. 4.11 Entire Agreement. This Agreement contains the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. 4.12 Interpretation and Reliance. No presumption will apply in favor of either Party in the interpretation of this Agreement or in the resolution of any ambiguity of any provisions hereof. 4.13 Relationship of Parties. This Agreement is based upon the active participation of the Parties. Neither the execution nor the delivery of this Agreement shall create or constitute a partnership,joint venture, or any other form of business organization or arrangement between the Parties, except for the contractual arrangements specifically set forth in this Agreement. No Party shall have any power to assume or create any obligation on behalf of the other Party. 4.14 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 4.15 Applicable Law; Venue. This Agreement will be construed in accordance with Texas law. Venue for any action arising hereunder will be in Jefferson County, Texas. 4.16 Notices. Wherever under this Contract one party is required or permitted to give notice to the other party, such notice shall be in writing and shall be delivered personally, sent by facsimile transmission, sent by nationally recognized express courier, sent by certified, registered, first class mail, postage prepaid, or sent by electronic mail. Any such notice shall be deemed given when actually received when delivered either personally, by facsimile transmission or by express courier, or if mailed, on the fifth day after its mailing,postage prepaid to the recipient party, or if by electronic mail, by the date actually received. Notice to be January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 9 3316769.1 delivered pursuant to this Agreement shall be sent to the addresses indicated below: CITY: City of Beaumont 1350 Langham Rd PO Box 3827 Beaumont, TX 77704-3827 Attn: City Manager Telephone: (409) 880-3708 Facsimile: (409) 880-3112 Email: khayes @ci.beaumont.tx.us with copy to: Tyrone Cooper Beaumont City Attorney 801 Main St. Suite 325 Beaumont, Texas 77701 Telephone: (409) 880-3715 Facsimile: (409) 880-3121 Email: tcooper @ci.beaumont.tx.us Lloyd Gosselink Rochelle& Townsend, PC 816 Congress Ave., Suite 1900 Austin, Texas 78701 Attn: Martin Rochelle Telephone: (512) 322-5810 Facsimile: (512) 874-3909 Email: mrochelleAlgawfirm.com LNVA: Lower Neches Valley Authority 7850 Eastex Freeway Beaumont, Texas 77708 Attn: Scott Hall Telephone: (409) 892-4011 Facsimile: (409) 898-2468 Email: scott.hallnlnva.org with copy to: Benckenstein& Oxford, LLP 3535 Calder, 3rd Floor Beaumont, Texas 77706 Attn: Hubert Oxford Telephone: (409) 833-9182 x394 Facsimile: (409) 833-8819 Email: hubertoxford @benoxford.com 4.17 Counterparts; Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. 4.18 Force Majeure. In the event that any obligation contained herein is not fulfilled January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 10 3316769.1 within the time period required hereby, and such failure is beyond either Party's reasonable control, including but not limited to compliance with any regulations, order or instruction of any federal, state or municipal government or any department or agency thereof, acts or omissions of any other Party hereto, acts of civil or military authority, fires, strikes, embargoes, war, terrorism, riots, delays in transportation, tempests, hurricanes, earthquakes, floods, drought and the inability (due to causes beyond such Party's reasonable control) to obtain necessary labor, manufacturing facilities or materials (all of the foregoing, without limitation, being herein referred to as "force majeure"), such Party shall give the other Party prompt notice of the occurrence of any such force majeure delay or expected delay, specifying the cause thereof and the suspected duration. In the event of any such delay, the date required for fulfillment of such obligation shall be automatically extended for a period equal to the time lost by reason of the delay. 4.19 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties, and their respective successors and assigns (as may be authorized pursuant to the terms of this Agreement) following the Effective Date. 4.20 Default and Remedies. If any Party now or hereafter subject to this Agreement fails to perform such Party's obligations hereunder in accordance with the terms, provisions and conditions of this Agreement, then any other Party hereto may provide written notice of such failure to the non-performing Party and the non-performing Party shall thereupon have fifteen (15) days to cure such failure. If such failure has not been cured after the expiration of such fifteen (15) day period, then the complaining Party hereto may, except as otherwise expressly provided herein, (i) institute suit for specific performance against the non-performing Party to compel performance of the obligation, and the costs of compelling performance (including, without limitation, attorneys' fees and expenses) shall be reimbursable to the prevailing Party in such litigation plus interest thereon, or (ii) pursue any and all other remedies available to the complaining Party at law or in equity, including, without limitation, suit for damages. 4.21 Waiver. The waiver by either Party of any provisions of this Agreement shall not be construed as a precedent or waiver of such provisions thereafter unless this Agreement is amended in writing reflecting such waiver. 4.22 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the Parties hereto and their successors and assigns hereof, and it shall not inure to the benefit of any other persons or entities, and is the result of negotiations between the Parties and is not to be considered a precedent with respect to either Party in any other like situation or with respect to any other Party in any other like situation. 4.23 Invalidity of Provisions. In the event any provision hereof is declared invalid by a final judgment of a court of competent jurisdiction, after all applicable court appeals have been exhausted, such invalidation shall not invalidate the remaining portions of this Agreement unless the provisions(s) so invalidated renders this Agreement un-performable by either Party and/or frustrates the purpose of the Agreement. 4.24 Enforcement. It is understood and agreed that either Party hereto may demand specific performance of this Agreement. 4.25 Responsibility for Water. Title to and responsibility and liability for Water January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 11 3316769.1 supplied by LNVA shall be in LNVA until such Water reaches the Delivery Point. Once the Water supplied hereunder to City passes through the Delivery Point, said water shall become the responsibility of the City. 4.26 Indemnification. . THE PARTIES, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WILL INDEMNIFY AND HOLD HARMLESS EACH OTHER AND EACH OF THEIR PRESENT, FUTURE AND FORMER DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY OF THEIR SUBSIDIARIES, CONTRACTORS AND SUBCONTRACTORS AGAINST ANY COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S AND INVESTIGATION FEES), JUDGMENTS, FINES, LOSSES, CLAIMS, DAMAGES, LIABILITIES AND AMOUNTS PAID IN SETTLEMENT IN CONNECTION WITH ANY ACTUAL OR THREATENED CLAIM, ACTION, SUIT, PROCEEDING OR INVESTIGATION, WHETHER CIVIL, CRIMINAL, ADMINISTRATIVE OR INVESTIGATIVE, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE ACTS OR OMISSIONS OF EACH OTHER OR ANY OF THEIR EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES, CONTRACTORS AND SUBCONTRACTORS IN THE PERFORMANCE OF OR FAILURE TO PERFORM OBLIGATIONS AND REPRESENTATIONS UNDER THIS AGREEMENT 4.27 MUTUAL RELEASE. In consideration of execution of this Agreement and the mutual relinquishment of their respective rights with reference to any disputes and in consideration of the payment by City to LNVA of the sum of One Hundred Thousand Dollars ($100,000.00), receipt and sufficiency of which is acknowledged, each Party for themselves their successors, or assigns expressly releases the other and its, successors, or assigns from all liability for claims and demands arising out of any past obligations, acts, or omissions, which either Party may have against the other. The Parties agree that all claims, demands, and causes of action that either Party has or may have against the other as of the date of execution of this Agreement are satisfied, discharged, and settled. (Signature Page Follows) January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 12 3316769.1 (Signature page to Water Supply Agreement and Mutual Release between LNVA and City of Beaumont) IN WITNESS WHEREOF, the City and LNVA have executed this Agreement to be effective as of the Effective Date provided above. CITY: ATTEST: CITY OF BEAUMONT,TEXAS: By: City Secretary Printed Name: Title: Date: LNVA: ATTEST: LOWER NECHES VALLEY AUTHORITY: By: Printed Name: Title: Date: I January 24,2013 Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 13 3316769.1 EXHIBIT A PLAN OF OPERATION The City will communicate with LNVA its Diversion Request for every day of the year, regardless of whether or not the City believes its diversion will be met by its own water rights or supplemented by Water from the LNVA. The communication, preferably by email, shall be directed to the Lockmaster at the Neches River Saltwater Barrier, whose email address saitwaterbarrier@lnva.dst.tx.us and phone number is (409) 898-0561 The anticipated Diversion Request shall be delivered to LNVA by the City's Water Utilities Director or his designee and shall specify the rate and quantity at which the City anticipates diverting water from the Neches River. The Diversion Request may be made for multiple days in a single communication but shall be confirmed at least weekly. For example, a request made on a Thursday for the following Monday may stand for the entire following week. The contract specifies four (4) days notice be provided by the City for the Diversion Request due to the fact that water released from Lake BA Steinhagen travels approximately three (3) days down the bed and banks of the Neches River before it reaches the diversion locations of the City and LNVA. LNVA will have the sole responsibility of determining the appropriate release request to the United States Army Corps of Engineers and ensure a sufficient supply of water is available in the Neches River to meet the needs of both the LNVA and the City. LNVA evaluates all the water demands in the lower Neches Basin on a daily basis; including demands on its canal system, demands along the river such as the City's and others, and freshwater streamflow requirements to the Sabine Lake Estuary. The total demand is compared to the available streamflow in the lower Neches watershed; any resulting shortage results in a release request on Lake BA Steinhagen that is filed daily with the US Army Corps of Engineers Reservoir Control Office. LNVA, recognizing that the forecasting of available streamflow and demand is more of an art than a science, relies on the experience and judgment of the Saltwater Barrier Lockmaster to ensure a sufficient release request is made on Lake BA Steinhagen. The Lockmaster is generally conservative in nature as he forecasts available streamflow on preliminary data from the USGS gauge sites across the basin. As such, the determination of Water released to meet the City's demands shall be an after the fact accounting based on approved data, whether from the Corps of Engineers or USGS, that is more fully described in Exhibit C. LNVA response to City's Proposal 11/30/2012 3316769.1 EXHIBIT B DESCRIPTION OF PUMPING FACILITES The City of Beaumont owns and operates a raw pump station on the Neches River. The Pump Station can pump 60 MGD via a 48 inch pipe to the Water Treatment Plant for treatment and distribution. With minor changes, the Pump Station's capacity can be increased to 80 MGD. The Pump Station is equipped with a generator for backup power and SCADA for remote monitoring and operations. The water pumped from the Pump Station to the Water Treatment Plant is metered. EXHIBIT C ACCOUNTING PLAN LNVA shall maintain an accounting of water delivered pursuant to its Agreement with the City as provided below. In order to determine the quantity of run-of-river flow available at the surface water intakes for the Lower Neches Valley Authority (LNVA) and City of Beaumont (City) the following equation will be applied: AVAILABLE NEAR BEAUMONT=UPPER BASIN FLOWS(-3 DAYS)+LOWER BASIN FLOWS(-t DAV) Determination of Upper Basin Flows Determination of Upper Basin Flows is based upon the following equation: UPPER BASIN FLOWS=RAYBURN INFLOW+1.1342(NERO) Flows available from the upper reaches of the Neches River Basin will be determined by summing the Adjusted Daily Inflow to Sam Rayburn Reservoir as determined by the US Army Corps of Engineers, Reservoir Control, Fort Worth District and 1.1342 times the Approved Daily Discharge value at the USGS stream gauge on the Neches River near Rockland, Texas (NERO).The Adjusted Daily Inflow to Sam Rayburn Reservoir and Approved Daily Discharge of the Neches River near Rockland may be retrieved from the following website addresses: Rayburn Inflow-h _i,!www.swf=wc.usace_ari .mi11C i-bin!reshtml.t l� ?pa�e-H dy rolo iC NERO-„1.t.ti):/;`wwaaterdata.us_ys.�,yotii`tx/nwis/dvr"?site t.i.o==08033500&ailencv cd==LJSGS&referred module=-sw While the NERO gauge accounts for flows contributed from an upstream watershed of 3,636 sq. miles on the main stem of the Neches River, there remains 488 sq. mi. of contributing watershed in the Neches Basin above B.A. Steinhagen Reservoir that is neither accounted for in the inflows to Rayburn nor through the NERO gauge. The 1.1342 multiplier is applied to the NERO gauge values to account for ungauged inflows to B.A. Steinhagen Reservoir which occur downstream of the NERO gauge and Rayburn Reservoir, as noted on the accompanying drainage area map. Flows into Rayburn, flows at Rockland, and flows calculated as ungauged above B.A. Steinhagen are considered available at the outlet works of B.A. Steinhagen on the same day as the flows are measured at Rayburn and Rockland. This cumulative daily river flow available at B.A. Steinhagen Reservoir outfall is lagged 3-days for travel time via bed-and-banks conveyance in the Neches River from the B.A. Steinhagen outlet works to the intake works of LNVA and the City near Beaumont. Determination of Lower Basin Flows Determination of Lower Basin Flows is based upon the following equation: LOWER BASIN FLOWS=1.8528(VIKO+PISL) In addition to the run-of-river flows available from the upper reaches of the Neches River, the run-of-river flows available at the LNVA and City intakes from the lower reaches of the Neches River are determined by multiplying a factor of 1.8528 to the sum of the Approved Daily Discharge value at the USGS stream gauge on Village Creek near Kountze, Texas (VIKO) LNVA response to City's Proposal 11/30/2012 3316769.1 and the Approved Daily Discharge value at the USGS stream gauge on Pine Island Bayou near Sour Lake, Texas (PISL). The Approved Daily Discharge at these gauge sites may be retrieved from the USGS website at the following addresses: VIKO-htt�'Iwaterdata.us s g_ov/tx/nwis/dv/?site no==08041.500&a�encycd==LJSGS&referred module._sw: PISL-Ittt llwat rdata_usgoov_/tx/nwis/&/?site no=08041700&agency cd,USGS&referred module-sw Like the upper reach of the Neches Basin, the lower reach includes ungauged areas that are accounted for by means of adjusting the flows of the gauged drainage areas by a multiplier. The attached drainage area map details gauge locations and drainage areas, both gauged and ungauged. The cumulative daily river flow available in the lower reaches of the Neches River, below the B.A. Steinhagen Reservoir outfall, is lagged 1-day for average travel time via bed-and- banks conveyance in the Neches River from the gauge locations to the intake works of LNVA and the City near Beaumont. Determination of Run of River Flows Available Near Beaumont Returning to the original equation for determination of Flows Available near Beaumont: AVAILABLE NEAR BEAUMONT=UPPER BASIN FLOWSt_3 DAYs>+LOWER BASIN FLOWS(-1 DAY) On any given day, the run-of-river flows which would be available in the Neches River near Beaumont without interruption or supplementation by upstream reservoirs can be determined by summing the flows available three days prior in the upper reaches of the Neches River Basin, above B.A. Steinhagen Reservoir and the flows available one day prior in the lower reaches of the Neches River Basin, below B.A. Steinhagen Reservoir, each as previously detailed. The Neches River has no significant channel losses or gains, and therefore no other adjustment is needed to determine available run-of-river flow at the LNVA and City intakes near Beaumont, Texas. PRIORITY ACCOUNTING OF NECHES RIVER DIVERSIONS In order to provide effective management of water resources and ensure sufficient releases from storage to meet downstream demands, the City shall keep LNVA apprised of its projected demands for surface water from the Neches River. The larger of either the City's projected demand as reported to LNVA or its actual diversions from the river, shall be utilized on a daily basis in determining whether or not water was released from storage to meet the City's need. After determining the availability of run-of-river flows in the Neches River near Beaumont, Texas, water will be allocated between LNVA and the City in accordance with water rights adjudicated to each entity by the State of Texas according to the following system. • When run-of-river stream flows in the Neches River, as previously determined,are sufficient to meet the needs of LNVA and the City, all water needed by both LNVA and the City will be accounted for and charged against the most junior run-of-river water right available to either entity at that time. • When run-of-river stream flows are insufficient to fully satisfy the demands of both LNVA and the City, all water needed by both LNVA and the City will be accounted for and charged against the most senior run-of-river water right available to either entity at that time until the entirety of the calculated run-of-river stream flow is accounted for. LNVA response to City's Proposal 11/30/2012 3316769.1 • In order to satisfy downstream demands by LNVA and the City not supported by run-of-river flows previously calculated,releases from storage will be made and diversions accounted for under LNVA's November 12, 1963 priority date. LNVA response to City's Proposal 11/30/2012 3316769.1 6 February 5,2013 Consider a resolution approving the purchase of 18 vehicles from Philpott Motors for use by various City Departments RICH WITH OPPORTUNITY BEAUMON* T 0 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: February 5, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of eighteen(18)vehicles from Philpott Motors of Nederland in the amount of$597,890.07 for use by various City departments. BACKGROUND Replacement vehicles are requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. All eighteen(18)vehicles to be purchased are replacing models ranging from 1997 to 2006. The newer vehicles may be reassigned by Fleet where appropriate. The older vehicles will be disposed of in accordance with the City's surplus equipment policy because age and mileage render them unfit for continued service. Pricing was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. The total purchase price includes the$400 BuyBoard fee. Warranties of 36,000 miles or three(3)years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. FUNDING SOURCE Capital Reserve Fund and Water Utilities Fund. RECOMMENDATION Approval of the resolution. Purchase of Fleet vehicles February 5, 2013 Page 2. Ite® ./Division Description Qty, Total Price 1 Police/CID 2013 Ford Fusion SE 7 $126,586.25 2 Police/Admin. 2013 Ford Fusion SE 1 $18,083.75 3 Police/Animal Svcs. 2013 Ford F250 Regular Chassis Cab 1 $22,767.75 4 Police/Animal Svcs. 2013 Ford F-150 Su crew 1 $24,616.83 5 Fire/hwesti ation 2013 Ford F-150 Su crew 1 $25,636.83 6 Streets&Drainage 2013 Ford F-450 Crewcab Chassis Cab 2 $100,818.06 7 Transportation 2013 Ford F-550 Reg. Cab 1 $84,125.14 8 Parks 2013 Ford F-250 Reg. Chassis Cab 1 $33,083.35 9 Water Utilities 2013 Ford F-550 Crewcab Cab 84" Chassis 2 $92,642.68 10 Water Utilities 2013 Ford F-750 Crewcab Cab 108" Chassis 1 $69,129.43 11 Bu Board Fee $400.00 Total $ 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 eighteen (18) fleet vehicles for use by various City departments from Philpott Motors, of Nederland, Texas, in the amount of $597,890.07 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the Ci ty Y of Beaumont this the 5th day of February, 2013. - Mayor Becky Ames - WORK SESSION * Review and discuss a Pavement Management System related to City streets WORK SESSION * Review and discuss a Pavement Management System related to City streets