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Home My WebLink AboutPACKET FEB 20 2001 a Llwjj"� City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 20, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract II OTHER BUSINESS * Discuss the tentative development and lease agreement for the Tyrrell Park Horse Stables • COMMENTS • Councilmembers comment on various matters • City Manager Report • 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 Kyle Hayes at 880-3716 a day prior to the meeting. 1 February 20, 2001 Consider a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains- Contract II Council Agenda Item City of Beaumont TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, P.E., Public Works Director MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 14, 2001 REQUESTED ACTION: Consider a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract II. RECOMMENDATION Administration recommends approval of a contract with Allco, Inc. of Beaumont in the amount of $838,721.00 for the rehabilitation of 18,730 linear feet of 6", 8", and 10" sanitary sewer lines by pipe bursting/crushing, replacement/addition of 57 manholes, deletion of 20 existing manholes, and replacement of 220 existing service connections. The line sections are located throughout the City. The contractor will meet MBE participation requirements. BACKGROUND The City of Beaumont has approximately 760 miles of sanitary sewer lines ranging in sizes of 6"to 72" in diameter. Many of the existing lines are constructed of concrete and vitrified clay and are over 50 years old. Clay and concrete sanitary sewer lines deteriorate over time due to corrosive gases in the sewer and shrinking and swelling of the soil. Deteriorated, collapsed, and broken sewer lines lead to stoppages, infiltration, and overflows. Rehabilitation of the old, deteriorated sanitary sewer lines and manholes is necessary to provide continuous and adequate sanitary sewer service to the City's citizens and to prevent overflows,which are prohibited by the State. The proposed method of rehabilitation is the most cost effective method and also produces the least disruption to surface activities. BUDGETARY IMPACT Funds are available in the Water Utilities Division Operating Fund for this project. The Water Utilities Division has budgeted$2 million per year for rehabilitation of small diameter sanitary sewer mains. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Public Works Director, and Water Utilities Manager BID TABULATION CITY OF BEAUMONT SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS-CONTRACT II BID OPENING DATE: MONDAY,JANUARY 29,2001 @ 2 PM The Bid Proposals submitted have been reviewed,and to the be t of my knowledge this is an accurate tabulation of the bids By: Glenn A.Tumer.Pk-,Water Utilities Engineer Vendor Oty. Allco,Inc. Horseshoe Const.Inc. J b D Construction Kinsel Industries,Inc. Kebo Services City/State Beaumont,TX Pasadena,Tx Bronson,TX Houston,TX Ft Worth,Tx Contact T.W.Harrison John Holt Jerry Hall Richard Croxton Bob Allison Mobilization 1 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $30.000.00 $30,000.00 Item No.2 7,620 $31.00 $236,220.00 $33.00 $251,460.00 $33.60 $256,032.00 $45.00 $342,900.00 $42.00 $320,040.00 Item No.3 11,110 $33.00 $366,630.00 $35.00 $388,850.00 $39.20 $435,512.00 $48.00 $533,280.00 $45.00 $499,950.00 item No.4 181 $424.00 $76,744.00 $400.00 $72,400.00 $450.00 $81.450.00 $500.00 $90,500.00 $750.00 $135,750.00 Item No.5 39 $424.00 $16,536.00 $600.00 $23,400.00 $1,100.00 $42,900.00 $800.00 $31,200.00 $850.00 $33,150.00 Item No.6 57 $1.963.00 $111,891.00 $2,100.00 $119,700.00 $2,500.00 $142,500.00 $2,400.00 $136,800.00 $2,600.00 $148,200.00 Item No.7 20 $1,175.00 $23,500.00 $500.00 $10,000.00 $500.00 $10,000.00 $1,200.00 $24,000.00 5250.00 $5,000.00 Item No.8 1 $1.750.00 $1,750.00 $500.00 $500.00 $4,000.00 $4,000.00 $1,000.00 $1,000.00 52,500.00 $2,500.00 Item No.9 1 $450.00 $450.00 $3,000.00 $3,000.00 $4.000.00 $4,000.00 $1,600.00 $1,600.00 $2,500.00 $2,500.00 Total Base Bid $838,721.00 $872,310.00 $991,394.00 $1,171,280.00 $1,177,090.00 Method McConnell Pipe Crushing Not Stated TT Technology/ Not Stated Not Stated Grundocrack System ompletlon Time 180 180 180 180 180 calendar days) V;; or Troy Construction Coker Pipeline Rehab. e Construction Penns tar,Inc. rys r Contracting itY/State Houston,TX Spring,TX Leander,TX Kemah,TX Beaumont,TX Contact Glen Crawford Kerry Coker M.S.Heyl Anthony Sarao Everett Phel Ds Mobiization 1 $36,000.00 536,000.00 $37,000.00 $37,000.00 $35,000.00 $35,000.00 $47,940.00 $47,940.00 $30,000.00 $30,000.00 Item No.2 7,620 $44.00 $335,280.00 $65.75 $501,015.00 $37.00 $281,940.00 $49.50 $377,190.00 $36.50 $278,130.00 Item No.3 11,110 $52.50 $583,275.00 $52.95 $588,274.50 $40.00 5444,400.00 $64.00 $711,040.00 $46.50 $516,615.00 em No.4 181 $650.00 $117,650.00 $325.00 $58,825.00 $750.00 $135,750.00 $600.00 $108,600.00 $440.00 $79,640.00 Item No.5 39 $1,328.00 $51,792.00 $450.00 $17,550.00 $1,900.00 $74,100.00 $1,200.00 $46,800.00 $900.00 $35,100.00 Item No.6 57 $3,800.00 $216,600.00 $2,200.00 $125,400.00 $3,800.00 $216,600.00 $5,000.00 $285,000.00 $2,000.00 $114,000.00 Item No.7 20 $1,200.00 $24,000.00 $999.00 $19,980.00 $2,300.00 $46,000.00 $750.00 $15,000.00 $650.00 $13,000.DO Item No.8 1 $2,875.00 $2,875.00 $1.00 $1.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $6,000.00 $6,000.00 Item No.9 1 $2,875.00 $2,875.00 $1.00 $1.00 $2,000.00 $2,000.00 $4,900.00 $4,900.00 $5,000.00 $5,000.00 Total Base Bid $1,370,347.00 $1,348,046.50 $1,237,790.00 $1,598,970.00 $1,077,485.00 Method Not Stated McConnell Method Not Stated TT Technology/ Grundocrack Grundocrack ompletion Time 180 180 180 180 calendar days) BID TABULATION CITY OF BEAUMONT SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS-CONTRACT 11 BID OPENING DATE: MONDAY,JANUARY 29,2001 @ 2 PM The Bid Proposals submitted have been reviewed,and to the best of my knowledge this Is an accurate tabulation of the bid received. By: � Glenn A.Turner. E..Water Utilities Engineer Vendor Qty. Allco,Inc. Horseshoe Cdnst.Inc. J&D Construction Kinsel Industries,Inc. Kebo Services City/State Beaumont,TX Pasadena,Tx Bronson,TX Houston.TX Ft.Worth,Tx Contact T.W.Harrison John Holt Jerry Hall Richard Croxton Bob Allison Mobilization 1 $5,000.00 $5,000.00 $3,000.00 $3.000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $30.000.00 $30,000.00 Item No.2 7,620 $31.00 $236,220.00 $33.00 $251,460.00 $33.60 $256,032.00 $45.00 $342,900.00 542.00 $320,040.00 Item No.3 11,110 $33.00 $366,630.00 $35.00 $388,850.00 $39.20 $435,512.00 $48.00 $533,280.00 $45.00 $499,950.00 item No.4 181 $424.00 $76,744.00 5400.00 $72,400.00 $450.00 $81,450.00 $500.00 $90,500.00 $750.00 $135,750.00 Item No.5 39 $424.00 $16,536.00 $600.00 $23,400.00 $1,100.00 542,900.00 $800.00 $31,200.00 $850.00 $33,150.00 Item No.6 57 $1,963.00 $111,891.00 $2,100.00 $119,700.00 $2,500.00 $142,500.00 $2,400.00 $136,800.00 $2,600.00 $148.200.00 Item No.7 20 $1,175.00 $23,500.00 $500.00 $10,000.00 $500.00 $10,000.00 $1,200.00 $24,000.00 $250.00 $5,000.00 Item No.8 1 $1,750.00 $1,750.00 $500.00 $500.00 $4,000.00 $4,000.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 Item No.9 1 $450.00 $450.00 $3,000.00 $3,000.00 $4,000.00 $4,000.00 $1,600.00 $1,600.00 $2,500.00 $2,500.00 Total Base Bid $838,721.00 $872,310.00 $991,394.00 $1,171,280.00 $1,177,090.00 Method McConnell Pipe Crushing Not Stated TT Technology/ Not Stated Not Stated Grundocrack System Completion Time 180 180 180 180 180 (calendar days) en or Uty. Troy Construction LLP Coker Pipeline Rehab. Heyl Construction verinstar,Inc. Brystar Contracting ity/State Houston,TX Spring,TX Leander,TX Kemah,TX Beaumont,TX ontact Glen Crawford Kerry Coker M.S.Heyl Anthony Sarao Everett Phelps Mobilization 1 $36,000.00 $36,000.00 $37,000.00 $37,000.00 $35,000.00 $35,000.00 $47,940.00 $47,940.00 $30,000.00 $30,000.00 Item No.2 7,620 $44.00 $335,280.00 $65.75 $501,015.00 $37.00 $281,940.00 $49.50 $377,190.00 $36.50 $278,130.00 Item No.3 11,110 $52.50 $583,275.00 $52.95 $588,274.50 $40.00 $444,400.00 $64.00 3711,040.00 $46.50 $516,615.00 Rem No.4 181 $650.00 $117,650.00 $325.00 $58,825.00 $750.00 $135,750.00 $600.00 $108,600.00 $440.00 $79,640.00 Item No.5 39 $1,328.00 $51,792.00 $450.00 $17,550.00 $1,900.00 $74,100.00 $1,200.00 $46,800.00 $900.00 $35,100.00 Item No.6 57 $3,800.00 $216,600.00 $2,200.00 $125,400.00 $3,800.00 $216,600.00 $5,000.00 $285,000.00 $2,000.00 $114,000.00 Item No.7 20 $1,200.00 $24,000.00 $999.00 $19,980.00 $2,300.00 $46,000.00 $750.00 $15,000.00 $650.00 $13,000.00 Item No.8 1 $2,875.00 $2,875.00 $1.00 $1.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $6,000.00 $6,000.00 Item No.9 1 $2,875.00 $2,875.00 $1.00 $1.00 $2,000.00 $2,000.00 $4,900.00 $4,900.00 $5,000.00 $5,000.00 Total Base Bid $1,370,347.00 $1,348,046.50 $1,237,790.00 $1,598,970.00 $1,077,485.00 Method Not Stated McConnell Method Not Stated TT Technology/ Grundocrack Grundocrack Completion Time 180 180 180 180 calendar days) CONSENT AGENDA FEBRUARY 20, 2001 * Committee Appointments Karen E. Fitzhugh would be appointed to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect. The term would commence February 20, 2001 and expire February 19, 2003. (Councilman Audwin Samuel) A) Approve annual contracts for the purchase of water treatment chemicals for use by the Water Department Administration recommends approval of annual contracts with vendors listed below for the purchase of water treatment chemicals. The estimated total annual expenditure is $189,438. The chemicals are used to disinfect and purify the water supply. Funds are available in the Water Utilities Division's operating budget. Vendor Chemical Est. Annual Expenditure 1)Kahn Chemical (Stafford, Texas) Aluminum Sulfate $120,000 2) Southern Ionics, Inc. (Mississippi) Aqua Ammonia $21,000 3) Shannon Chemical Corp. Phosphate $48,438 (Malvern, Pennsylvania) B) Approve the purchase and installation of one non-clog angle pump for use in the Water Reclamation Plant Administration recommends approval of the purchase and installation of one non-clog angle pump in the amount of$81,245 from Placo, Inc. of Beaumont. The pump specified is a 15 million gallon per day (MGD)raw sewage pump, a component of the 55 MGD sewage capacity at the plant. The treatment plant is currently operating at a 40 MGD capacity, as the pump being replaced has been out of service. The replacement is necessary to restore the plant to its capacity. A copy of the staff memorandum is attached for your review. C) Approve an annual contract for the purchase of polyacrylamide cationic emulsion liquid polymer for use by the Water Department Administration recommends approval of a contract with Polydyne Inc. of Riceboro, Georgia for the purchase of polyacrylamide cationic emulsion liquid polymer. The estimated total expenditure is $40,000. The chemical is used in the water reclamation process to dewater municipal biological waste sludge. A copy of the staff memorandum is attached for your review. D) Approve a contract for the replacement of the fluoridation bulk tank system at the Water Production Plant Administration recommends approval of a contract with Progressive Pumps of Houston for the replacement of the fluoridation bulk tank system in the amount of$39,935. The Texas Department of Health has approved a grant to the City in the amount of$37,000 to be used for the equipment upgrade. The remainder of$2,935 is available for this expenditure in the Water Utilities Fund. A copy of the staff memorandum is attached for your review. E) Approve a contract for the purchase of lubricants for use by various city departments in maintaining equipment Administration recommends approval of a six-month contract for purchasing lubricants from Tri- Con, Inc. of Beaumont with an estimated total expenditure of$33,647. Funds are available for this expenditure in the user department's operating budgets. The contract provides for the vendor to furnish approximately 10,700 gallons of lubricants at fixed costs as reflected in the bid tabulation which is attached for your review. F) Authorize the settlement of a claim The claim of Clarence Lewis, III would be settled in the amount of$7,500. Council authorized the settlement of this claim in an executive session on February 6, 2001. G) Accept maintenance of the improvements in West Oaks Subdivision, Phase I and West Oaks Townhomes, Phase I Administration recommends accepting maintenance of the street, storm sewer,water and sanitary sewer improvements. The improvements passed final inspection from all entities involved on February 14, 2001. A copy of the staff memorandum is attached for your review. H) Accept maintenance of the improvements in Montclaire, Phase One Administration recommends accepting maintenance of the street, storm sewer,water and sanitary sewer improvements. The improvements passed final inspection from all entities involved on February 13, 2001. A copy of the staff memorandum is attached for your review. I) Approve the purchase of vehicles through the State of Texas Cooperative Purchasing Program Administration recommends authorization to purchase vehicles through the State of Texas Cooperative Purchasing Program. The City will purchase five intermediate sedans,one compact four-wheel drive extended cab pickup truck, ten %z ton extended cab pickup trucks,two %s ton full size pickup trucks, one 3/4 full size pickup truck,two crew cab pickup trucks, seven cab and chassis with utility bodies and one cab and chassis with a flat bed body. The total expenditure is in the amount of$545,340 and is available in the Capital Reserve Fund and Water Fund. A copy of the staff memorandum is attached for your review. J) Approve a License Agreement with Burlington Northern and Santa Fe Railway Company for the Concord Road Widening- Phase III Project Administration recommends approval of the License Agreement to allow installation of underground storm sewer in the existing railway right-of-way. The License Agreement requires the City to pay a one time fee of$2,600. This amount covers a$2,000 license fee for 10 years, and a one time administration fee of$600. A copy of the staff memorandum is attached for your review. �r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS February 20, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve annual contracts for the purchase of water treatment chemicals for use by the Water Department B) Approve the purchase and installation of one non-clog angle pump for use in the Water Reclamation Plant C) Approve an annual contract for the purchase of polyacrylamide cationic emulsion liquid polymer for use by the Water Department D) Approve a contract for the replacement of the fluoridation bulk tank system at the Water Production Plant E) Approve a contract for the purchase of lubricants for use by various city departments in maintaining equipment F) Authorize the settlement of a claim G) Accept maintenance of the improvements in West Oaks Subdivision, Phase I and West Oaks Townhomes, Phase I H) Accept maintenance of the improvements in Montclaire, Phase One I) Approve the purchase of vehicles through the State of Texas Cooperative Purchasing Program J) Approve a License Agreement with Burlington Northern and Santa Fe Railway Company for the Concord Road Widening -Phase III Project A 11 ..7LJ71i Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 7, 2001 REQUESTED ACTION: Council approval of an annual contract for the purchase of water treatment chemicals. RECOMMENDATION Administration recommends award of an annual contract to various vendors as reflected below for purchasing water treatment chemicals at the unit costs stated below with an estimated total annual expenditure of$189,438. BACKGROUND Bids were requested for an annual contract for water treatment chemicals for use by the Public Works Department, Water Utilities Division. The chemicals included in this bid are listed below. The chemicals are used to disinfect and purify the water supply. Bid notices were provided to 51 vendors with 15 responding with bids. The products of each bidder recommended for award met all certifications specified. BUDGETARY IMPACT The contract provides for the vendors to furnish water treatment chemicals at the following fixed unit prices: Vendor Chemical Price Per Ton Est. Annual Expenditure Kahn Chemical Aluminum Sulfate S120 $120,000 Stafford, Texas Annual Contract for Water Treatment Chemicals February 7, 2001 Page 2 Vendor Chemical Price Per Ton Est. Annual Expenditure Southern Ionics, Inc. Aqua Ammonia $350 $21,000 West Point, Mississippi Shannon Chemical Corp. Phosphate $1,794 $48,438 Malvern, Pennsylvania Prior year contract costs per ton for each chemical are as follow: aluminum sulfate - $123.20; aqua ammonia - $331; and phosphate - $1,880. The total estimated expenditure is $189,438 for the one (1) year contract period. Funds are available for this expenditure in the Water Utilities Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. RECOMMENDED MOTION Approve/Deny award of a one (1) year contract for purchasing water treatment chemicals to the following vendors: Kahn Chemical - Aluminum Sulfate at $120 per ton; Southern Ionics, Inc. - Aqua Ammonia at $350 per ton; and Shannon Chemical Corp. - Phosphate at $1,794 per ton. BID TABULATION FOR WATER TREATMENT CHEMICALS BID NO.: RF1201-26 BID OPENING DATE: 1/29/01 ]ALTIVIA Corporation iNapco Chemical Co. Nalco('hemicd Co. Ionics Inc. '.Stiles-Kam Division (Solvay Fluorides,Inc. 1'anncr Indwtries Shannon Chemical Corp. VENDORS Houston,Texas Spring,Texas Naperville,Illinois West Point,Mississippi Waukegan,Illinois St Louis,Missouri Southampton,Pennsylvania Malvern,Pennsylvania _ ..__ __ Srre_tche_n Van B_ep_3 ___(Slade S.anner _ (Denise Hollisicr _ Khristy Todd I'f_crry Stelle_m_a _ lMark E I.nonc _ I)_Thomas L.auria __'Daniel C F nn _ r BIDDESCBR -ON FoftI . ZOST TT-OTAL I COW-1._T T, � CbSt i TOTAL. !southern COSY TTbTAL I COST f. TOTAL F_ Cd�T .� TbTA1,. ( . SOS I TOTAL I. X7551 �. C TOTAL \Ll1MINlIMSULFATE !I,f700 NIB NIB iN/B NIB NIB NIB $121501 $121,500 00 N/B �NIB iNIB 'NIB NIB IN/B IN/B IN/B j TONS AQUA AMMONIA 60 NB iN/B NIB NIB NIB NIB 5350.001 521,000,00 NIB NB INB NIB 565000 S39,000 00 NIB NIB I TONS. .. ._.11 _ _ ..... -- 1 27 iNB NIB -- I I I I I NIB i..._.51.794.00 I. 54E,436.00 I'IIOSPHATE � 51,840.00� 549,680.00 S2,44000 SGS,880 W INB NB SI,BW 00 548,000 W N/B NB NB ;TONS 'Central Chemical Corp. Lucier Chemical Ind. (Mid-Co Water Treatment Peocco,Inc. ,CEO Specialty Chemicals Houston,ton,Terio,lnc. Staho Chemical,Inc. VENDORS Parsippany,New Jersey Jacksonville Beach,Florida 'Bay City,'I exas 'Beliville,Texas little Rock,Arkansas Houston,Texas - Stafford,Texas _-]Mary R Ysrrau_e__ =Marline L.Sm.0- . __I Stan Letssncr _ V,Home _ tPaul McGuirc (Andrew Pearls Heidi"crson Q Jts4.RUx1O[l :__L I I ._TOTAL i cosLZ'YO'TA4Z_ Y-1- TbSAJ.Z C � �i.T_AI.. _..TOTAL_L-SST ALUMINIUM SULFATE j 1,000 5155 W i SISS,OW 00 wn ]7, lNB 'NB BNB INB S135.0J $135,030.00 NB 1N/B 512000r 5120,000.00 TONS( I - t -AQUA AMMONIA I 60 NB NB NIB NB NB INB N/B NB iNB NIB r S589.42I 535,36520 556680• f34008.W iTONS 4 ' 1'110SPHATE 'TONS!" NB NIB !N/B __ S2,140W $57,780.W,_N/B INIB NB N/B NB iNB NIB 1N/B 1 i Denotes recommended award. B .l City of Beaumont, Council Agenda Item � I TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 12, 2001 REQUESTED ACTION: Council approval to award a bid for the purchase and installation of one (1) non-clog angle pump for use in the Water Reclamation Plant. RECOMMENDATION Administration recommends award of a bid for the purchase and installation of one (1) non-clog angle pump in the amount of$81,245 to Placo, Inc. BACKGROUND The pump specified in the bid is a 15 million gallon per day (MGD) raw sewage pump, a component of the 55 MGD sewage pumping capacity at the plant. The treatment plant is currently operating at a 40 MGD capacity, as the pump being replaced has been out of service since December. The replacement is necessary to restore the plant to its regulatory capacity. Bid notices were provided to fourteen(14) vendors, with five (5) responding with bids. The bids received are as follow: Vendor Manufacturer Completion Time Total Bid Amount Placo, Inc. Fairbanks Morse 238 days $81,245.00 Beaumont,Texas Model C5741 Allco Inc. Fairbanks Morse 225 days $89,600.00 Beaumont,Texas Model 20"C5741 All-Pump& Equipment Co. Fairbanks Morse 210 days $89,800.00 Houston,Texas Purchase and Installation of One(1)Non-Clog Angle Pump February 12, 2001 Page 2 Vendor Manufacturer Completion Time Total Bid Amount GenCo Contracting LLC Yeomans 180 days $123,540.90 Conroe,Texas Model 20724 Fuqua General Contractors Fairbanks Morse 365 days $155,560.00 Vidor,Texas Model 20"C5741 The pump is warranted for one (1) year for parts and labor. Completion time for the project is 238 days. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Placo, Inc. in the amount of$81,245 for the purchase and installation of one (1) non-clog angle pump. c 11!.. City of Beaumont 7jaj Council Agenda Item � g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 9, 2001 REQUESTED ACTION: Council approval of an annual contract for the purchase of polyacrylamide cationic emulsion liquid polymer. RECOMMENDATION Administration recommends award of a contract for purchasing polyacrylamide cationic emulsion liquid polymer to Polydyne Inc.of Riceboro, Georgia at the unit cost of$0.80 per pound, with an estimated total expenditure of$40,000. BACKGROUND The chemical is used in the water reclamation process to dewater municipal biological waste sludge. Estimated annual usage is 50,000 pounds. Twelve (12) vendors were notified with two (2) submitting bids. The specifications for both bidders' products have been reviewed by Water Utilities Division personnel and meet requirements set forth in the bid. The bids received were as follow: Vendor Manufacturer Bid Unit Cost Polydyne Inc. Clarifloc SE-306 $0.80 /pound Riceboro, Georgia Stockhausen, Inc. Praestol K280BCG $0.88 /pound Greensboro, North Carolina Annual Contract for Polyacrylamide Cationic Emulsion Polymer February 9, 2001 Page 2 BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny award of a one (1)year contract for purchasing polyacrylamide cationic emulsion polymer at the unit cost of$0.80 per pound. D City of Beaumont •� Council Agenda Item A ' � TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 6, 2001 REQUESTED ACTION: Council approval to award a bid for the replacement of the fluoridation bulk tank system at the Water Production Plant. RECOMMENDATION Administration recommends award of a bid for the replacement of the fluoridation bulk tank system in the amount of$39,935 to Progressive Pumps of Houston, Texas. BACKGROUND The bid includes replacement of the existing bulk tank system with one (1) 5,400 gallon storage tank and one (1) 55 gallon day tank; and the installation of a digital scale for more accurate measurement of the amount of fluoride entering the system. The tanks replace smaller capacity tanks in service since 1984, which have deteriorated and begun to leak. Bid notices were provided to 17 vendors, with only Progressive Pumps Corp. responding with a bid. The bid states a completion time of 125 days for the installation. BUDGETARY IMPACT The Texas Department of Health has approved a grant to the City in the amount of$37,000 to be used for the equipment upgrade. The remainder of$2,935 is available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. Replacement of Fluoridation Bulk Tank System February 6, 2001 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Progressive Pumps Corp. in the amount of$39,935 for the replacement of the fluoridation bulk tank system. E City of Beaumont Cai1 Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 9, 2001 REQUESTED ACTION: Council approval of a contract for the purchase of lubricants. RECOMMENDATION Administration recommends award of a six (6) month contract for purchasing lubricants to Tri- Con, Inc. of Beaumont at the unit costs reflected in the attached bid tabulation, with an estimated total expenditure of$33,647. BACKGROUND The contract specifies that the successful bidder shall provide approximately 10,700 gallons of various lubricants at fixed unit costs for six(6)months from date of award for use by various City departments in maintaining equipment. Twenty (20) vendors were notified with three (6) submitting bids. The specifications for products bid by Tri-Con, Inc. have been reviewed by Fleet Management Division personnel and meet requirements set forth in the bid. BUDGETARY IMPACT The contract provides for the vendor to furnish approximately 10,700 gallons of lubricants at fixed costs as reflected in the bid tabulation. The total estimated expenditure is $33,647 for the six (6) month contract period. Funds are available for this expenditure in user Departments' operating budgets. Six (6) Month Contract for Lubricants February 9, 2001 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny award of a six (6) month contract for purchasing lubricants at the unit costs stated in the attached bid tabulation. TRI-CON,INC. BEAUMONT,TEXAS APPX. QTY. DESCRIPTION UNIT PRICE TOTAL PRICE 5,000 gal Engine Oil 15W-40(bulk) $ 2.86/gal $14,300.00 1,000 gal Engine Oil 15W-40(55 gallon drums) $ 3.25/gal $3,250.00 500 gal Engine Oil 30W(55 gallon drums) $ 3.13/gal $ 1,565.00 TRANSMISSION FLUID/HYDRAULIC OIL 1,300 qt. Dexron III $ 1.16/qt $ 1,508.00 600 gal. Dexron III(bulk) $ 4.19/gal $2,514.00 100 gal. Dexron III(drum) $ 4.19/gal $419.00 100 qt. Mercon 5 $ 1.16/qt $ 116.00 2,500 gal Multi-purpose Hydraulic Oil(bulk) $ 2.44/gal $6,100.00 500 Multi-purpose Hydraulic Oil(drum) $ 2.44/gal $ 1,220.00 500 gal Caterpillar TO-4 Hydraulic Oil(5 gallon container) $ 5.31 /gal $2,655.00 TOTAL BID $33,647.00 CITY OF BEAUMONT BID TABULATION FOR LUBRICANTS BID OPENING DATE: JANUARY 29, 2001 BID NUMBER: RF0101-28 TRI-CON INC FULLER OIL CO., INC 'PUMPELLY OIL CO. — _ BEAUMONT,TX ___�BEAUMONT,TX __ - HOUSTON,TX Est. Qty. j Description Unit Total Unit Total T Unit Total 5,000'15W-40, engine oil (bulk) $2.860, $14,300.00 $3.3201 $16,600.00 $3.6401 $18,200.00 1,000 15W-40, engine oil (55 gal drums) I $3.250 $3,250.00 $3.640 $3,640.00 $3.9101 $3,910.00 500 30W engine oil (55 gal drums) $3.130 $1,565.00; $3.600 $1,800.00 $3.790. $1,895.00 1,300,Dexron III (qt) $1.160! $1,508.00 $1.220 $1,586.00. $0.970' $1,261.00 600�Dexron III (bulk) $4.190 $2,514.00 4 $3.340 $2,004.00 I $3.180 $1,908.00 100 Dexron III (55 gal drums) $4.190: $419.00' $3.820 $382.001, $3.470' $347.00 100 Mercon 5(qt) $1.160! $116.00 $2.080- $208.00 $2.600 $260.00 2,500 Multi-purpose hydraulic oil (bulk) $2.440 $6;100.00 $3.310 $8,275.00 $3.290; $8,225.00 I' 500 Multi-purpose hydraulic oil (drum) $2.440 $1,220.00 $3.800 $1,900.00 $3.580 $1,790.00 $5.3101 $2,655.00 $5.600. $2,800.00 $6.2301 $3,115.00 500!.Caterpillar T04 com p. h y draulic oil _ TOTAL BID i $33,647.001 $39,195.00 j $40,911.00. Manufacturer Mobil Citgo I Conoco I� Delivery time j One(1)day '10ne(1)day Not stated City of Beaumont cleW-1- Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 14, 2001 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Clarence Lewis, RECOMMEENDATION Council approval of a resolution authorizing the settlement of the claim of Clarence Lewis, III. BACKGROUND Council authorized the settlement of this claim in executive session February 6, 2001. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$7,500. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the claim of Clarence Lewis, III. G ACGWGENDAUONES12.00 RESOLUTION NO. WHEREAS, the claim of Clarence Lewis, III has been discussed in an Executive Session properly called and held Tuesday, February 6, 2001; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Clarence Lewis, III in the amount of Seven-Thousand Five-Hundred ($7,500) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of February, 2001. - Mayor- G ACGWESOLLgTCLAD&AW.DOCICIANARES G City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 14, 2001 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Oaks Subdivision, Phase I and West Oaks Townhomes, Phase I. RECOMMENDATION Administration recommends approval of Garden Oaks Drive from existing Major Drive approximately 558 feet west to the proposed centerline of South Oaks Drive, Garden Oaks Drive from the proposed centerline of South Oaks Drive approximately 237 feet north to and including the cul-de-sac at proposed Oak Meadow Drive, Oak Meadow Drive from proposed Garden Oaks Drive approximately 282 feet west to proposed Harbor Oak Drive, Harbor Oak Drive from the centerline of proposed Oak Meadow Drive approximately 71 feet north to 3-OM-4P end of roadway markers, and Harbor Oak Drive from the centerline of proposed Oak Meadow Drive approximately 320 feet south to 3-OM-4P end of roadway markers and also the Water and Sanitary Sewer Improvements for Lots 1 - 6, Block 1, Lots 19 - 22, Block 2 and Lots 23 - 34, Block 3. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on February 14, 2001. BUDGETARY IMPACT None. PREVIOUS ACTION None. SLBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Oaks Subdivision, Phase I and West Oaks Townhomes, Phase I. HEST OAKS 1, SUBDIVISION, PH. I WEST OAKS %I TOPYNHO.UES, PH. I LOCATION PLAN NIS WEST OAKS SUBDIVISION , PHASE I AND WEST OAKS TOWNHOMES , PHASE I H City of Beaumont •� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 13, 2001 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Montclaire, Phase One. RECOMMENDATION Administration recommends approval of Avenue Montclaire from existing Delaware Street approximately 1,109 feet north to 3-OM-4P end of roadway markers, Merlot Drive from proposed Avenue Montclaire approximately 512 feet east to and including the cul-de-sac, and Berwick Drive from proposed Avenue Montclaire approximately 677 feet east to and including the cul-de- sac. Fairmont Drive is a private street from the proposed Avenue Montclaire approximately 314 feet west to proposed Estates of Montclaire, Estates of Montclaire is a private street from the proposed centerline of Fairmont Drive approximately 885 feet south to and including the cul-de- sac, and Estates of Montclaire is a private street from the proposed centerline of Fairmont Drive approximately 1,080 feet north to and including the cul-de-sac. Also, recommended for approval are the Water and Sanitary Sewer Improvements for Lots 1-25, Block 1 and Lots 1-26, Block 2. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on February 13, 2001. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and saniary sewer improvements in Montclaire, Phase One. � zll PAR ALE 3II 4fALL I G I Oi j SUPER 0 WALMART !I y D IL� to 6' u cr-I f ` LOWE'S 6AY� p!�� D06 'I To �i DETENTION ! FOLSOMW vi ROAD POND A" W 5 LLj I (fJ LI r—J I wild JI i ol: AMOCO ° :J PRODUCTION CO. I DELAWARE STREET � I �i ONTC� PHASE �l NE MONTCLAIRE , PHASE ONE Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 15, 2001 REQUESTED ACTION: Council approval for fleet purchase of vehicles through the State of Texas Cooperative Purchasing Program. RECOMMENDATION Administration recommends authorization for the purchase of vehicles through the State of Texas Cooperative Purchasing Program. BACKGROUND The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, counties, school districts and municipal agencies within Texas. There is no charge or fee assessed to any entity for participation in the purchasing program. The Cooperative Purchasing Program is coordinated by the General Services Commission(GSC) in accordance with state bidding statutes. Representatives from the GSC meet with major vehicle manufacturers each year to discuss the model changes and features offered to major fleet consumers for the upcoming year vehicle models. Specifications are developed and published in August for distribution to governmental consumers and statewide vendors. The GSC solicits bids from vendors throughout the state to furnish pricing on various types of vehicles. These vehicles include compact size cars, intermediate size sedans, police pursuit vehicles, '/z ton, 3/ ton and 1 ton light and heavy duty pickup trucks, vans (cargo and passenger) and medium duty cab and chassis. Specifications include features such as 4, 6, and 8 cylinder engines, 2 and 4 wheel drive, automatic and manual transmissions, air conditioning, ABS brake systems and AM/FM radios. Optional features such as tilt steering,cruise control, spotlights, headache racks, tool boxes, grille guards and heavy duty bumpers are bid and offered for an additional cost. Purchase of Vehicles February 15, 2001 Page 2 Bids are open to any vehicle dealer on the State of Texas Bid List. Due to the volume of vehicles requested by the State, generous concessions are offered to the dealer from the manufacturers. Bids are received and evaluated by the GSC. After bids are evaluated, a contracted price list is published indicating the successful vendor for each type of vehicle and the prices of specific optional features. Vehicles are selected from the published list and orders are submitted to GSC. Vendors generally deliver the vehicles within 90 to 120 days. The City requested five (5) intermediate sedans, one (1) compact four wheel drive extended cab pickup truck, ten (10) 1/2 ton extended cab pickup trucks, two (2) '/2 ton full size pickup trucks, one (1) 3/a full size pickup truck, two (2) crew cab pickup trucks, seven (7) cab and chassis with utility bodies and one (1) cab and chassis with flat bed body. The following list of vehicles represents the type and price of each vehicle to be ordered through the State: AUTOMOBILES - 4 DOOR SEDANS Chevrolet Malibu 1 5 1 $70,205 Standard optional equipment available for four (4) door sedans includes air conditioning, power steering, power door locks, AM/FM radio, cruise control and tilt steering wheel. 1/2 TON EXTENDED CAB COMPACT PICKUP TRUCK WITH FOUR WHEEL DRIVE Ford Ranger 1 1 1 $17,200 1/2 TON EXTENDED CAB, 8 CYLINDER ENGINE FULL SIZE PICKUP TRUCKS Dodge Ram 1 10 $183,510 '/2 TON, 8 CYLINDER FULL SIZE PICKUP TRUCKS Dodge Ram 1 2 $28,348 3/4 TON, 8 CYLINDER FULL SIZE PICKUP TRUCK Dodge 1 $17,501 Purchase of Vehicles February 15, 2001 Page 3 CREW CAB, 8 CYLINDER FULL SIZE GASOLINE POWERED PICKUP TRUCK Ford 1 1 1 $21,858 CREW CAB, DIESEL ENGINE, FULL SIZE PICKUP TRUCK Ford 1 $26,407 Standard optional equipment available for 1/2 ton and -'A ton extended cab, compact and full size pickup trucks include air conditioning, heavy duty rear bumper, AM/FM radio, power steering, automatic transmission, spotlight, grille guard, spare wheel and tire, receiver hitch and bedliner. CAB AND CHASSIS, 8 CYLINDER GASOLINE POWERED «DIUM DUTY TRUCKS Dodge 1 3 1 $62,495 CAB AND CHASSIS, DIESEL POWERED MEDIUM DUTY TRUCKS Dodge 1 5 1 $117,816 Standard optional equipment available for the 10,000 and 15,000 lb. Gross Vehicle Weight Requirement (GVWR) Cab and Chassis include air conditioning, grille guard, AM/FM radio, spare wheel and tire, automatic transmission, spotlight and various utility bodies. Replacement vehicles and additions to the fleet are requested through the City's budget process. The Central Services Department reviews the requests and evaluates the equipment 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 of the vehicles purchased are replacement vehicles. The units will replace year models ranging from 1989 to 1995. The newer year models will be relocated to other divisions. The remaining replaced vehicles will be disposed of according to the City's surplus property disposal policies. Warranties of 36,000 miles or three (3) years are provided for each new vehicle. The warranty service will be provided by local authorized dealerships. Purchase of Vehicles February 15, 2001 Page 4 BUDGETARY IMPACT Funds for vehicles are available in the Capital Reserve Fund and Water Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED ACTION Approve/Deny the purchase of vehicles in the amount of$545,340 through the State of Texas Cooperative Purchasing Program. Purchase of Vehicles February 15, 2001 Page 5 DEPARTMENT DIVISION DESCRIPTION QUANTITY TOTAL PRICE Central Services Building Dodge Cab & 2 $42,717 Services Chassis w/utility body Convention Ford Crew Cab 1 $21,858 Facilities Truck Convention Dodge %z ton pickup 1 $14,249 Facilities truck Total- Central Services $78,824 Police Administration Chevrolet Malibu 1 $14,041 Department Field Dodge Ram '/z ton 1 $20,589 Operations pickup truck Criminal Chevrolet Malibu 4 $56,164 Investigations Special Extended cab '/2 ton 2 $34,310 Services pickup truck Total - Police Department $125,104 Public Works Streets & Dodge Cab & 1 $19,778 Drainage Chassis w/utility body Transportation Dodge 3/4 ton pickup 1 $17,501 truck Total- Public Works $37,279 Purchase of Vehicles February 15, 2001 Page 6 DEPARTMENT DMSION DESCRIPTION QUANTITY TOTAL PRICE Parks& Parks & Property Ford Crew Cab 1 $26,407 Recreation Maintenance w/diesel engine Parks& Property Dodge 1/2 ton pickup 1 $20,515 Maintenance w/four wheel drive Total-Parks & Recreation $46,922 Total- Capital Reserve Fund $288,129 Water Utilities Sewer Dodge Cab & Chassis 4 $94,860 Maintenance equipped with utility body Sewer Dodge Ram '/2 ton 4 $72,064 Maintenance pickup truck Sewer Dodge Cab&Chassis 1 $22,956 Maintenance equipped with platform body Water Dodge Ram '/2 ton 2 $36,032 Distribution pickup truck Water Production Ford Extended Cab '/2 1 $17,200 ton pickup truck with four wheel drive Water Production Dodge '/2 ton, long bed 1 $14,099 pickup truck Total-Water Fund $257,211 Total Fleet Purchases $545,340 C1 ..LiI.-- -I City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 20, 2001 AGENDA MEMO DATE: February 15, 2001 REQUESTED ACTION: Council consider a License Agreement with the Burlington Northern and Santa Fe Railway Company for the Concord Road Widening - Phase III Project. RECOMMENDATION Administration recommends approval of a License Agreement with the Burlington Northern and Santa Fe Railway Company to allow installation of underground storm sewer in the existing railway right-of-way. BACKGROUND Burlington Northern and Santa Fe Railway Company right-of-way has been selected for installation of Concord Road Phase III main outfall to eliminate acquisition of additional drainage easement. In order to allow this construction Burlington Northern and Santa Fe Railway Company has agreed to enter into a contract(License Agreement) with the city for a one time fee of$2,600. This amount covers a $2,000 Iicense fee for 10 years, and a one time administration fee of$600. BUDGETARY IMPACT The funds are available under Capital Improvement Funds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the License Agreement with the Burlington Northern and Santa Fe Railway Company for the Concord Road Widening - Phase III Project. agelicsk.wpd 02-15-2001 Form Approved by VP-Law 99-20832 LICENSE THIS LICENSE, made as of the 14th day of February, 2001, subject to the terms and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"), and THE CITY OF BEAUMONT, a Texas municipal corporation, and its contractors and subcontractors (hereinafter collectively called "Licensee"). Mailing address: 801 Main Street, Beaumont, TX 77704. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Licensor hereby licenses Licensee, subject to the rights and easements hereinafter excepted and reserved and upon the terms and conditions hereinafter set forth, the area of Licensor's property shown on the attached Drawing no. 3-17525, dated 6/4/99, attached hereto, marked Exhibit "A", and made a part hereof, (hereinafter called "Premises") situated at or near Beaumont, County of Jefferson, State of Texas, Line Segment 7503, Mile Post 4.37 to 3.99. If any of the Premises is subject to existing leases or licenses, Licensee shall, prior to entering upon the Premises, obtain the written consent of any existing Lessee or Licensee. 2. This agreement shall be effective February 15, 2001 and shall continue for ten (10) years from said date, subject to prior termination as hereinafter described. 3. Any contractors or subcontractors performing work on the Premises of Licensor, entering the Premises on behalf of Licensee, shall be deemed the agents of Licensee. 4. (a) Licensee shall pay Licensor as compensation for the use of the Premises the sum of Thirteen Thousand Nine Hundred Fifty Two and 00/100ths Dollars, ($13,952.00) payable in advance. (b) Licensee additionally agrees to reimburse Licensor (within thirty (30) days after receipt of written advice from Licensor) for all cost and expense incurred by Licensor in connection with Licensee's work on the Premises, including but not limited to the furnishing of Licensor's Flagman ($500.00 per eight hour day, $95.00 per hour thereafter): 5. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any compensation paid hereunder. This License is made expressly subject to any and all leases and licenses which may affect the Premises, and Licensee shall not disturb in any manner any improvements of Licensor or Licensor's existing licenses or leases. 1 of 6 6. Licensee shall use the Premises only to construct, maintain and operate a 10' by 6' concrete box culvert and a 2000 foot long storm sewer pipeline. In the event Licensee shall use Premises for any other purpose whatsoever, Licensor may declare this License at an end and prevent Licensee from using or remaining upon Premises, with or without process of law. Use or storage on the Premises of any hazardous materials is prohibited and a breach of this License. Licensee shall not have possession of Premises to the exclusion of Licensor or any others who have obtained permission or authority from Licensor to use the Premises, or who may obtain such permission or authority from Licensor in the future, any such future permission or authority shall be subject to the rights granted to Licensee in this License.. 7. (a) Licensee shall notify Licensor's Roadmaster, Jack Campbell at 505 West Avenue F, Silsbee, TX 77656-3525, telephone 409-385-1565 /fax 1566, at least five (5) days in advance of entering upon Premises to enable scheduling Inspector and/or Flagman, if necessary. After completion of use of the Premises for the purpose identified in Section 6 herein, Licensee shall notify Licensor in writing that such use has been completed in accordance with Section 22 herein. (b) In performing the work described in Section 6, Licensee and its contractors and subcontractors forces shall use only public roadways to cross from one side of Licensor's tracks to the other. 8. Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within fifteen (15) feet of the centerline of any railroad track unless approved by Licensor. Prior to any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, rop vided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.k., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Should Licensee request, thirty (30) working days in advance of requested entry, Licensor will provide Licensee any information that Licensor has in its possession concerning the existence and approximate location of underground utilities and pipelines on the Premises and, prior to any such boring, the Licensee will review all such material to preclude Licensee's fouling any existing pipelines or structures. Licensor does not warrant the accuracy of information relating to subsurface conditions and Licensee's operations will be subject at all times to,the liability provisions herein. - - 2of6 9. Any open hole, boring or well constructed upon Premises by Licensee shall be safely covered and secured at all times when Licensee is not physically working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired as required by federal, state or local law or regulation, or by any governmental agency having jurisdiction over the Premises. All excavated materials shall be properly disposed of by Licensee and shall not be left on the Premises for more than ten (10) days. 10. Upon completion of each portion of its work on the Premises as set forth in this License, Licensee shall: (1) remove all of its equipment from the Premises; (2) restore any damage to the Premises caused by Licensee; (3) remedy any unsafe conditions on the Premises created by Licensee; and (4) leave the Premises in as functional and safe a condition as that which existed at the time of the initial entry by Licensee pursuant to this License. 11. Licensee's on-site supervision shall retain/maintain a fully-executed copy of this License at all times while on the Premises. 12. In using the Premises, Licensee shall comply with any and all requirements imposed by federal or state statutes, or by ordinances, orders, or regulations of any governmental body having jurisdiction thereover. 13. (A) EXCEPT AS SET FORTH IN SECTION 13 (B), LICENSEE SHALL RELEASE, INDEMNIFY, AND HOLD HARMLESS LICENSOR FOR ALL LOSSES, DAMAGES, EXPENSES, INJURIES OR DEATH TO LICENSEE, ITS EMPLOYEES, AGENTS AND CONTRACTORS, ARISING IN ANY MANNER FROM THE PERFORMANCE OF THIS AGREEMENT, EXCEPT TO THE EXTENT PROXIMATELY CAUSED BY LICENSOR'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT TO THE EXTENT ALLOWED BY TEXAS LAW. LICENSEE FURTHER AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS LICENSOR FOR ALL LOSSES, DAMAGES, EXPENSES, INJURIES, OR DEATH TO ANY PERSON, INCLUDING LICENSOR, WHICH ARISE IN ANY MANNER FROM THE CONSTRUCTION, MAINTENANCE, USE, STATE OF REPAIR OR PRESENCE OF LICENSEE'S IMPROVEMENTS, EXCEPT TO THE EXTENT RESULTING SOLELY FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSOR. 3of6 (B) WHENEVER ANY EMPLOYEE, AGENT OR CONTRACTOR OF LICENSEE OR ANY OF LICENSEE'S PARTIES MAKES ANY CLAIM FOR PERSONAL INJURY OR DEATH AGAINST LICENSOR WITHIN THE MEANING OF THE FEDERAL EMPLOYERS' LIABILITY ACT, OR ANY APPLICABLE SAFETY ACT, (45 U.S.C. § 51 ET. SEQ.), FOR ANY INCIDENT CAUSED, WHOLLY OR IN PART, BY PROPERTY, EQUIPMENT, FIXTURES OR CONDITION BELONGING TO OR SUBJECT TO THE CONTROL OF LICENSEE, OR CLAIMS OR ALLEGES THAT HE OR SHE IS AN EMPLOYEE OF LICENSOR OR IS FURTHERING THE OPERATIONAL ACTIVITIES OF LICENSOR, LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LICENSOR FOR ALL LOSSES, DAMAGES, COSTS OR EXPENSES RELATED TO SUCH CLAIM, REGARDLESS OF LICENSORS NEGLIGENCE. 14. (a) Licensee shall cause its Contractor, at its expense, to procure and maintain throughout the term of this License, and thereafter until all property of Licensee is removed from the Premises, a comprehensive general form of insurance covering liability, including, but not limited to, Public Liability, Personal Injury and Property Damage, as well as Contractual Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall contain no exclusion with respect to property of Licensor in the care, custody or control of Licensee. Licensee shall also, at its expense, procure and maintain throughout the term of this License an automobile liability policy with limits of One Million and No/100 Dollars ($1,000,000) covering "any auto". LICENSOR AND STAUBACH GLOBAL SERVICES, INC. SHALL BE NAMED AS AN ADDITIONAL INSURED. (b) All risk insurance on the property of Licensee, or in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the State in which the Premises are located, with a current Best's Insurance Guide Rating of B and Class X, or better. Licensee shall provide, and thereafter maintain in effect, a current Certificate of Insurance evidencing such insurance. When any portion of or all of the Premises are located within 50 feet of a railroad track, insurance must provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and any provision in the insurance policy to the contrary must be specifically deleted. Each policy shall provide that it shall not be canceled or materially changed unless at least thirty (30) days' prior written notice of cancellation or change shall have been mailed by the insurance company to Licensor at the address designated herein. (d)- A Railroad Protective Liabilit�r insurance policy issued in the name of Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000 must be provided when construction work will be performed within fifty (50) feet of Licensors tracks. The policy will remain in force during the construction phase of this project and must be provided prior to Licensor signing this license. 4of6 (e) In lieu of providing a Railroad Protective Liability Insurance policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $2,870.00. ❑ I elect to participate in Licensor's Blanket Policy; ❑ I elect not to participate in Licensor's Blanket Policy. (f) The furnishing of insurance required by this Section 14 shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License. 15. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and department shown beneath signature of the parties. 16. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 17. It is understood and agreed that this License shall not be placed of public record. 18. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State in which the Premises are located. 19. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 20. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 21. This License may be terminated at any time by either party upon thirty (30) days notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and upon the expiration of the time specified in such notice this License and all rights of Licensee hereunder shall absolutely cease and determine. 22. Upon the termination of this License in any manner herein provided, Licensee shall forthwith surrender to Licensor the possession of the Premises and shall restore the Premises in accordance with Section 10, and in case Licensee shall fail within ninety (90) days after the date of such termination to make such restoration, then Licensor may contract to restore the Premises for the account of Licensee, and in such event Licensee, within thirty (30) days after'the rendition of written advice therefore, shall reimburse Licensor for the cost so incurred. 5 of 6 23. If Licensee fails to surrender to Licensor the Premises, upon termination of this License, all the liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered; and no termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or the date, if later, when the Premises have been restored as provided in Section 10 hereof. 24. It is understood and agreed that nothing contained herein shall be construed as a commitment to grant Licensee or any principal of Licensee a conveyance or any other interest in any part of the Premises. 25. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to use of the Premises, and supersedes any and all other agreements between the parties hereto relating to use of the Premises. 26. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall underlease or sublet this License nor assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor. Staubach Global Services, Inc. is acting as agent for The Burlington Northern And Santa Fe Railway Company. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: Staubach Global Services, Inc. Its Attorney in Fact 5650 N. Riverside Drive, Suite 101 Fort Worth, TX 76137 By: Title: CITY OF BEAUMONT 801 Main Street Beaumont,-TX 77704 By: Title: 6of6 III A1,11 I Nv Nu.J J_cVUJG EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND CITY OF BEAUMONT FORT WORTH, TEXAS SECTION: - V- SCALE: 1 IN.=150 FT. TOWNSHIP: - MAP - GLIL F —SIIS DIV. RANGE: - PARCEL SILSBEE. SueDiv. L.S. 7503 DATE 06/04/1999 fG n TP /RR TRESTLE ANI1 F NIS I ING ?( PROPI R I Y I INf �'�III'1111N CIIIVIIII I\ i �IU 91L4t1Ll I hn' 1 `\ I ULNIMUIII� I IIIIIIIIIIIII1111111111111111111111111111111111111/1111111 11111111111' 111 1111111111111111111111111111111111111111111111111111111111111111111111111l 1111111l111111111111111111111l111111 50' 000' Q'roto! MP ♦.37 ES 210.84 MP 3.99 PROPERTY LINE ES 230.92 DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: 10,x6, N/A LENGTH ON R/W: 2022' N/A _ CONTENTS: 51ORM WORKING PRESSURE: GRAVITY PIPE MATERIAL: BURY: BASE/RAIL TO TOP OF CASING — SPECIFICATION / GRADE: - BURY: NATURAL GROUND _ WALL THICKNESS: BURY: ROADWAY DITCHES _ COATING: _N!A - CATHODIC PROTECTION N/A VENTS: NUMBER _VILA_ SIZE HEIGHT OF VENT ABOVE GROUND NOTE: CASING TO BE JACKED OR DRY 130101) ONLY AT BEAUMONT COUNTY OF JEFFERSON STATE OF TX THM DRAWING NO. 3-17525 /