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HomeMy WebLinkAboutPACKET APR 03 2001 tU719i 2N w.. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 3, 2001 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 and 2 * Consent Agenda GENERAL BUSINESS 1. Consider the purchase of four vehicles through the Houston-Galveston Area Council (H-GAC) 2. Consider amending the 1997 and 1999 Consolidated Grant Programs by reprogramming funds to other eligible HUD activities 3. PUBLIC HEARING: 2001 Action Plan of the Consolidated Grant Program WORK SESSION * Review recommendations from city staff and the Community Development Advisory Committee relating to the 2001 Action Plan of the Consolidated Grant Program EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Janice Haynes v. City of Beaumont, et al Buncy Seago, Sr. and Audrey Seago, Individually and as heirs of the Estate of Deanene Linette Seago v. The City of Beaumont et al 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 April 3, 2001 Consider the purchase of four vehicles through the Houston-Galveston Area Council (H-GAC) City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: April 3, 2001 AGENDA MEMO DATE: March 21, 2001 REQUESTED ACTION: Council authorization for the purchase of four (4) vehicles through the Houston-Galveston Area Council (H-GAC). RECOMMENDATION Administration recommends authorization for the purchase of four (4) vehicles through the H- GAC Cooperative Purchasing Program in the amount of$121,504.46. BACKGROUND The cooperative purchasing program provides contracted prices on various types of vehicles to all state, counties, school districts and municipal agencies within Texas. All contracted items have been competitively bid and meet all state bidding statutes. Approximately 900 governmental entities participate in the program. The City requested two (2) standard cab service trucks equipped with utility bodies, and two (2) 1-ton cab and chassis, one (1) equipped with a platform body, and one (1) with a utility service body. The units required for service are not available through the state cooperative purchasing program. The following list of vehicles represents the type and price of each vehicle to be ordered through H-GAC: SERVICE TRUCK W/ UTILITY SERVICE BODY Ford F-450 Diesel 1 2 1 $64,883.80 Purchase of Four (4) Vehicles -H-GAC Cooperative Purchasing Program March 21, 2001 Page 2 Standard optional equipment available for the service trucks includes air conditioning, automatic transmission, trailer towing package, power take-off provision, and receiver hitch. ONE-TON CAB AND CHASSIS Ford F-350 w/ Platform 1 $26,128.47 Body Ford F-350 w/ Utility 1 $30,492.19 Service Body The service trucks will be used by the Water Distribution Division, and the cab and chassis by the Water and Sewer Maintenance Division, of the Public Works Department. The service trucks replace two (2) 1994 model units now in service, and the cab and chassis replace 1992 and 1991 models, all of which will be disposed of according to the City's surplus equipment policy. 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. BUDGETARY IMPACT Funds for this expenditure are available 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 authorization to purchase four (4) vehicles through the H-GAC Cooperative Purchasing Program in the amount of$121,504.46. 2 April 3, 2001 Consider amending the 1997 and 1999 Consolidated Grant Programs by reprogramming funds to other eligible HUD activities I I s City of Beaumont Council Agenda Item M � . EL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Johnny Beatty, Grants Administrator MEETING DATE: April 3, 2001 AGENDA MEMO DATE: March 28, 2001 REQUESTED ACTION: Council consider a request to amend the 1997 and 1999 Consolidated Grant Programs to reflect the availability of reprogrammable funds from 1997 Senior Multi-Family Housing line item ($241,000), the 1999 undesignated Public Facilities and Improvements line item ($830),and the 1999 Partnership Community Mental Health line item ($12,478), for a total of $254,308. Also consider a request for Council to reprogram the available funds to other eligible HUD activities. RECOMMENDATION The Administration recommends that Council amend the 1997 and 1999 Consolidated Grant Programs to reflect the availability ofreprogrammable funds from 1997 Senior Multi-Family Housing line item($24 1,000),the 1999 undesignated Public Facilities and Improvements line item($830),and the 1999 Partnership Community Mental Health line item ($12,478), for a total of$254,308. The Administration also recommends that Council reprogram the available funds to other eligible HUD activities. BACKGROUND The 1997 Senior Multi-Family Housing line item($241,000)was stalled when Sunlight Manor could not secure the additional funds needed to complete the construction of the project. Although there have been discussions, to date, the project is still in an uncertain stage. The 1999 undesignated Public Facilities and Improvements line item($830) consists of money that was not designated to a public service in the 1999 grant year. The 1999 Partnership Community Mental Health line item($12,478)was considered reprogrammable when the organization that received the funds closed its Beaumont location. BUDGETARY IMPACT Reprogramming $254,308 from prior grant years will enable the funding of other eligible HUD activities. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to amend the 1997 and 1999 Consolidated Grant Programs to reflect the availability of reprogrammable funds from 1997 Senior Multi-Family Housing line item($241,000), the 1999 undesignated Public Facilities and Improvements line item($830),and the 1999 Partnership Community Mental Health line item($12,478), for a total of$254,308. Page 2 3 April 3, 2001 PUBLIC HEARING: 2001 Action Plan of the Consolidated Grant Program City of Beaumont Council Agenda Item M c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Johnny Beatty, Grants Administratj r MEETING DATE: April 3, 2001 AGENDA MEMO DATE: March 28, 2001 REQUESTED ACTION: Council conduct a public hearing/workshop to receive comments, and consider recommendations from the CDAC on the allocation of Public Services dollars to agencies requesting funding from the Public Services line item of the 2001 Action Plan of the Consolidated Grant Program, and also consider the Community Development Advisory Committee's request to revise the Adopted Preliminary Budget of the 2001 Action Plan, in order to increase the Public Services line item to $263,100. RECOMMENDATION The Administration recommends that Council conduct a public hearing/workshop to receive comments, and consider recommendations from the CDAC on the allocation of Public Services dollars ($100,000) to agencies requesting funding from the Public Services line item of the 2001 Action Plan of the Consolidated Grant Program. BACKGROUND On February 6, 2001, the Beaumont City Council adopted the Preliminary Budget for the Annual Action Plan of the 2001 Consolidated Grant Program, which included $100,000 for the Public Services line item, The CDAC submitted a request to increase the Public Services line item to 10% ($263,100) of the CDBG allocation,plus program income ($2,631,000). The CDAC was asked to review the funding proposals from area agencies that have developed programs which will enhance the lives of no, low and moderate income families. After two public meetings, the CDAC recommended funding for twelve (12) agencies totaling $263,100. BUDGETARY IMPACT The Administration recommends that 3.8% ($100,000) of the CDBG entitlement, plus program income ($2,631,000) be dedicated to the Public Services line item. The CDAC has recommended that 10% ($263,100) of the said entitlement, plus program income, be dedicated to the Public Services line item. A $75,000 reduction in the Clearance and Demolition line item would result in approximately 58 residential structures not being razed at $1,300 per unit ($75,400). During the period between March,2000 and February,2001,the City demolished 202 residential structures. Ofthe said amount of demolitions, 80 units, at $1,300 per unit ($104,000),were contracted to independent companies, because the City did not have the appropriate equipment to complete the job. An $88,000 decrease in the Edwards Park project will delay the development of a park in an area where neighborhood revitalization and the construction of affordable housing has begun. PREVIOUS ACTION Council adopted the 2001 Preliminary Budget on February 6, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION Approve/Deny recommendations for the 2001 Consolidated Grant Program One-Year Action Plan budget, with emphasis on the Public Services applications. 'g INTER-OFFICE MEMORANDUM kw- IL City of Beaumont, Texas Grants Administration Date: March 28, 2001 To: Steve Richardson, Planning Manager From: Johnny Beatty, Grants Administra r 4u Subject: Reprogrammable Funds COMMENTS As Council has requested, please be informed that the reprogrammable funds from the line items in the Community Development Block Grant Program include the 1997 Senior Multi-family Housing line item,the 1999 undesignated Public Facilities and Improvements line item, the 1999 Partnership Community Mental Health project, and the 1999 ExxonMobil Green Team summer program. The 1997 Senior Multi-Family Housing line item ($241,000) was stalled when Sunlight Manor could not secure the additional funds needed to complete the construction of the project. Although there have been discussions, to date, the project is still in an uncertain stage. The 1999 undesignated Public Facilities and Improvements line item($830)consists of money that was not designated to a public service in the 1999 grant year. The 1999 Partnership Community Mental Health line item($12,478)was considered reprogrammable when the organization that received the funds closed its Beaumont location. The 1999 ExxonMobil Green Team line item($18,000)was scheduled to be used to reimburse the General Fund, which temporarily supported the project. Because the reimbursement did not take place prior to the fiscal year end, the money remains in the CDBG budget. Staff recommends using the funds for the 2001 ExxonMobil Green Team summer program The total of$254,308 of reprogrammable funds is a large sum of money that affects the City's expenditure rate. It is recommended that City Council reprogram the above funds to any eligible HUD activity. c: Kyle Hayes Richard Chappell � REM City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 3, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve the purchase of two chemical storage tanks for use at the Water Production Plant B) Authorize eminent domain proceedings to acquire the property described as being Tract 1 City Plat I, out of the D. Brown Survey for the Charlton Pollard Park and Neighborhood Commercial Center C) Authorize the granting of a Pipeline License Agreement to EEX E&P Company, L.P. to cross Brooks Road D) Approve the purchase of four zero-turn radius mowers for the Parks and Recreation Department E) Approve the purchase of two 10-ton tandem axle trailers for use by the Public Works Department, Water Utilities Division CONSENT AGENDA APRIL 3, 2001 * Committee Appointments Brenda Garrison would be reappointed to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect. The term will expire March 29, 2003. (Councilmember Lulu Smith) A) Approve the purchase of two chemical storage tanks for use at the Water Production Plant Administration recommends approval of the purchase of two 10,500 gallon aboveground storage tanks in the amount of$21,800 to Bailiff Enterprises of Houston. The chemical storage tanks specified are to be used at the Water Production Plant; one to store aqua ammonia, and one as a backup to existing chemical storage tanks. Funds are available for this expenditure in the Water Utilities Fund. A copy of the staff memorandum is attached for your review. B) Authorize eminent domain proceedings to acquire the property described as being Tract 1 City Plat I, out of the D. Brown Survey for the Charlton Pollard Park and Neighborhood Commercial Center Mrs. James Ella Chatmon is the owner of Tract 1 City Plat I, out of the D. Brown Survey. Mrs. Chatmon cannot be located and therefore eminent domain proceedings are necessary to acquire the property. The property has an appraised value of$3,550. Administration recommends authorization to acquire this property through eminent domain proceedings. Community Development Block Grant (CDBG) funds will be used to purchase the property. A copy of the staff memorandum is attached for your review. C) Authorize the granting of a Pipeline License Agreement to EEX E&P Company, L.P. to cross Brooks Road EEX E&P Company, L.P. has requested permission to install approximately 61.3 feet of four inch pipeline for the purpose of transporting gas across Brooks Road. The bore pits will be located on private property and will be properly barricaded for safety. Administration recommends authorization to grant the Pipeline License Agreement. A copy of the staff memorandum is attached for your review. D) Approve the purchase of four zero-turn radius mowers for the Parks and Recreation Department Administration recommends approval of the purchase of four 22 HP Encore Prowler MC61 zero- turn radius mowers to Scooter's Lawnmower of Beaumont in the amount of 23,800. The mowers will be used to maintain turf areas in City parks and on the fire training grounds, respectively. Funds for this expenditure are budgeted in the Capital Reserve Fund and the Fire Training Grounds Fund. A copy of the staff memorandum is attached for your review. E) Approve the purchase of two 10-ton tandem axle trailers for use by the Public Works Department, Water Utilities Division Administration recommends approval of the purchase of two axle trailers in the amount of$16,630 to Clement of Houston, Inc. of Houston. The trailers will be used to transport mini-excavators used in the replacement and rehabilitation of water and sewer lines. The trailers are additions to the Division's fleet inventory. Funds are available for this expenditure in the Water Utilities Fund. A copy of the staff memorandum is attached for your review. A City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: April 3, 2001 AGENDA MEMO DATE: March 27, 2001 REQUESTED ACTION: Council consideration to wvard a bid for the purchase of two (2) chemical storage tanks for use at the Water Production Plant. RECOMMENDATION Administration recommends award of a bid for the purchase of two (2) 10,500 gallon above- ground chemical storage tanks in the amount of$21,800 to Bailiff Enterprises of Houston, Texas. BACKGROUND The chemical storage tanks specified in the bid are to be used at the Water Production Plant; one (1) to store aqua ammonia, and one (1) as a backup to existing chemical storage tanks. Aqua ammonia is a chemical used with chlorine for the reduction of contaminants in the water treatment process. Continued use of the existing aqua ammonia tank is not feasible due to age and deterioration, and there is currently no backup tank at the facility. Bid notices were provided to eight (8) vendors, with two (2) responding with bids. The bids received are as follow: Vendor Model Bid Delivery Unit Price Total Bid Time Bailiff Enterprises Ace Roto Mold 45 days $10,900 $21,800 Houston, Texas VT10500-142 Golden Triangle Pipe& Water Tanks Process 42 days $15,730 $31,460 Beaumont, Texas Systems ASTM 1998 Purchase of Two(2)Chemical Storage Tanks March 27, 2001 Page 2 The local sales tax impact analysis was applied to the loci vendor's bid, but did not alter the bid standings. The new tanks will be installed by Water Utilities personal and will be placed into service upon delivery. The tanks carry a three (3) year warranty, with service work to be provided by Bailiff Enterprises. 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 Bailiff Enterprises in he amount of$21,800 for the purchase of two (2) chemical storage tanks. B City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: April 3, 2001 AGENDA MEMO DATE: March 28, 2001 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire the property described as being Tract 1 City Plat I, out of the D. Brown Survey for the Charlton Pollard Parksite and Neighborhood Shopping Center. RECOMMENDATION The property owner listed below cannot be located so we will need to acquire the property by the process of eminent domain. Tract 1 City Plat I, out of the D. Brown Survey Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $3,550 Owner: Mrs. James Ella Chatmon Administration recommends authorization to acquire this property through eminent domain proceedings. BACKGROUND This is part of the property being acquired by the City for the future Charlton Pollard Parksite and Neighborhood Shopping Center. BUDGETARY IMPACT Community Development Block Grant (CDBG) funds are being used to purchase this property. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing eminent domain proceedings to acquire the property described as being Tract 1 City Plat I, out of the D. Brown Survey. chatmonrjld SUBJECT 9 EM CHARLTON POLLARD PARK 31TE r, =R° "� Cum" _ a AND NEIGHBORHOOD c _iR G J L CL 07 SHOPPING CENTER FA J U R - EMINENT DOMAIN eP � MM ? y O > TRACT 1 CITY PLAT I, L ° - P °R�T OUT OF THE °N ° D. BROWN SURVEY v M"°' " > v w In VM 5U J a = ° Z rt W > OWNER: MRS. JAMES ELLA > ° - T5 "7al CHATMON P R, z « TERRE N ' T = Et1Cu LEGEND LOCATION MAP N.T.S. 3UBJECT PROPERTY BLOCK f rouND 314' IRON ROD I w n IRON O (CAL1dD 6I.t 1')58.41 R fOUND N ROD O W 0.21 acres N.T.S. 8 941.78 sq ft;: E, 0 vmi . a, NOW OR FORMERLY 9735559 JCRPR y °• � 41e a :•::•:ti.':•: r y Die SIT f/Y .• •fi�: C Ja �.^. IRON ROD ... C EAST 32.00*c c (CU=D SLOW) o Z 1 v, Now OR FORMERLY 9735560 JCRPR v H� �.� OKRH4O PDL/ND I/Z• • SUCTRIC r IRON PIP[ •• I .94' s17 1/Y LRON RODy '•:'.'.-'.* srr ASPS lGST 28.0 0'POINT Ol DIcLNNINC IRON^PIPE 1Ii60• (C"LiD".Ow) 550 MCGOVERN STREET STMQCW..g (zr R.O.I.) -i c City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: April 3, 2001 AGENDA MEMO DATE: March 28, 2001 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement to EEX E&P Company, L.P. to cross Brooks Road. RECOMMENDATION EEX E&P Company, L.P. has requested permission to install approximately 61.3 feet of four (4) inch pipeline for the purpose of transporting gas across Brooks Road. The bore pits will be located on private property and will be properly barricaded for safety. Administration recommends authorization to grant a Pipeline License Agreement. BACKGROUND None. BUDGETARY IMPACT There is a one-time fee of$500 for the Pipeline License Agreement and an annual fee of$122.60, which is $2.00 per linear foot of pipeline crossing the 61.3 foot right-of-way of Brooks Road. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOM.MEN'DED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorization to grant a Pipeline License Agreement to EEX E&P Company, L.P. to cross Brooks Road. pipehne,J]d I ° Try BEA UMONT PROP SED PIPEL E I BEGIN CITY LIMITS _f 1 PROPOSED 4 " GAS PIPELINE CROSSING BROOKS ROAD CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS. COUNTY OF JEFFERSON: Business Name: E E X E&P COMPANY . L . P. Business Phone: (214 829-71511 Business Address:ONE OAK PARK , SUITE 700 , 1020 NE Loop 410 SAN ANTONIO ►TEXAS 78209-1218 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein SIX HUNDRED TWENTY TWO AND 60/100 $622 . 60) hereby grants to _EEX E&P COMPANY, L. P. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following streets, alleys and casements or other right-of-way situated in The City of Beaumont, Jefferson County, Texas, to-wit: Street Name or R.O.W. Description Length (Linear Feet) BROOKs ROAD 61 . 3 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of$2.00 per linear foot of pipeline located within the City right- of-way. Said fee shall be reset on January 31, 2001 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. o Street Cut and Barricading Permit to work in the City right-of-way: $10.00 for permit, plus $5.00 per day for each location. All fees, including the first annual fee for linear foot usage and Street Cut and Barricading Permit shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intent to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The street rental fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way Iine. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City and/or the Texas Department of Transportation so as it does not interfere with the use of the public streets and alleys. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be $ackfilled according to City standards. o Excavations necessary for the construction. repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided,by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 o Any licenses, permits or agreements required by another government entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said government entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the-necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (see Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration. or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $100,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless The City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any pan thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the streets, alleys, or easements mentioned herein. S Licensee shall not be entitled to prosecute or maintain a claim against The City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. a OTHER CONSTRUCTION!MAINTENANCE WITHIN R,O.W. o City will use it's best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or changes to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be located. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. o Whenever by reason of the change in the grade of any street occupied by Licensee's pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of License thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATION/INSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) Shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shalt provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Non assignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Terminatio n This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: E E X E&P COMPANY, L. P. P.O. Box 3827 ONE OAK PARK , SUITE ZOO Beaumont, Texas 77704 Address of Licensee: 1020 N E Loop 410 Attn: City Manager City and State of Licensee:SAN ANT 0 N I o , TEXAS 78209-1218 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There wilf be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Stephen J. Bonczek, City Manager ATTEST: Barbara Liming, City Clerk APPLICANT'S COMPANY NAME: (Licensee) EEX E&P COMPANY, L . P. R ented by: i' .JAMES A. SKINNER RIGHT OF WAY AGENT Title ATTEST: By: Secretary DRN\PIPHLM Revised 2-03-2000 9 44A4-23-�.1 '?:I? 713 430 05:: P 02 R-429 Job-513 MAR 23 ' 01 16 : 41 FR AON RISK 713 430 6590 TO 97132433342 P . 02/02 Certificate of Ingurance AONAon Risk Services TO: City of Beaumont Re- P.O. Box 3827 Beaumont. Texas 77704 Assured: EEX E&P Company LP 2500 City West Blvd.,Suite 1400 Houston, Texas 77042 This is to c&Vfy met the pdk,*$of insurance fisted blow Ime been issued to V*tnuaw named above for ate policy period indicated note mim-ding WY requirement,term.or conddion of any contract or other docLmy em with respect to+arch this ombscafe may be issued or may pa4aat. The instuarua afforded by the pcfz es described herein is subject to ad the terms.exctusrom and eondkons of suds policies. Limas show"mey have been reduced by paid dal m. Type of Policy Policy Policy Insurance No. Period LimitsNalues .,Commercial General X2239390-01 01101!2001- $1,000,000 CSL any one Accident or Occurrence Liability 2002 $1,000,000 Aggregate $1.000.000 Products and Completed Operations $1.000.000 Personal&Advertising Injury $ 100.000 Fire Damage Legal Liability $ 10.000 Medical Expenses Insurance Company(ies) 100% Steadfast insurance Company per Zurich American Insurance Group City of Beaumont is named as an+Additional Insured,but only to the extent required by written contract and subject to policy terms and conditions. A*Waiver of Subrogation is granted in favor of City of Beaumont but only to the extent required by written contract and subject to policy terms and conditions. The subscnbing insurers'obi gaoons under c &UU of insurance to whri:A Obey subawb a are Sswrat and not lwg and are um ted sdtey to the extent of thew inrfrvxduai sutasWpifons. The subslyxbaV insurers are not responsible tar Um&AAscopoon of any ooubsc bbxy in9 m who ltar any reason does not satisfy a0 or part of its oblig~s. Tttis om cate is issued as a matter of iMotmauon only and confers no o0ts upon the oarhkate holaw. This certificate Goes not amend.extend of aftf the 0overge aftorded by the pokcy(ws)shown hQrCOtI. Shpytd any of to above described polices be canoeaed before the expiration Gate there&,ttws agency.on behatt of the xssuing oornpanY(ies).wilt endeavor to mail 30 days written notice to ale above named Ceddcate holder.but fa+ure to main such notice ShM impose no ooh9atson or haUrTy of any kind upon the comoany(ies)or revs agency. Aon Risk Services of Tex Inc. Date: March 23, 2001 By: roan Risk Serviccr aj Texar, Inc. 2000 Bring Drive,Suite 900• Houston,Tezu 77057-3790 • tel'(%l3)430-0000•ftuc:(713)450-6590 F%CUENMAW EKW*Pcaes%Cmfbcates�2 oI-2002W.dgaoc-2 *x� TOTAL PAGE . 002 ** BOND COVERING PIPELINES,UTILITIES AND/OR OTHER FACTILITIES IN,UNDER,ACROSS OR ALONG RIGHTS-OF-WAY BELONGING TO THE CITY OF BEAUMONT,TEXAS STATE OF TEXAS § COUNTY OF JEFFERSON § Bond No. SD4734 KNOW ALL MEN BY THESE PRESENTS: THAT, We, EEX E&P Company, L.P., 2500 CityWest Blvd., Suite 1400, Houston, Texas 77042, as Principal, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, 8144 Walnut Hill Lane, Suite 1199, Dallas, Texas 752314345, as Surety, are held and firmly bound unto the CITY OF BEAUMONT, TEXAS, in the penal sum of ONE HUNDRED THOUSAND AND NO 1100---($100,000.00***), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by the presents. THE CONDITION OF THIS BOND IS SUCH THAT, WHEREAS, the above bounden Principal plans to lay,construct,install,maintain and/or repair its pipeline,pipelines,utilities,and/or other facilities in,under, across or along one or more ditches, levees or rights-of-way belonging to or under the control of the City of Beaumont, Texas, and under the jurisdiction of the Public Works and Engineering Division of the City of Beaumont, Texas, pursuant to the Policy Regarding Issuance of Permits for Pipelines, Utilities and Other Facilities to be installed on _ a tract belonging to the City of Beaumont, Texas, and the conditions set forth in the permit granted by the Public Works and Engineering Division of the City of Beaumont, Texas, hereby referred to and made a part hereof for all purposes as through fully set out herein; AND, WHEREAS, the Principal has prepared, or caused to be prepared, the attached application to lay, construct,install,maintain and/or repair its pipeline,pipelines,utilities and/or other facilities across ditches, levees, and/or rights-of-way in accordance with the accompanying plans, specifications and other documents; NOW,THEREFORE, if the above bounden Principal shall faithfully perform the construction, installation, maintenance and/or repairs described in the above mentioned application and accompanying plans, specifications and other documents, pursuant to and in accordance with the minimum requirements and conditions of the above mentioned Public Works and Engineering Division of the City of Beaumont,Texas policies and conditions regulating same,and do and perform each and every,all and singular,the Page 1 of 2 matters and things in said policy and conditions of the Public Works and Engineering Division of the City of Beaumont, Texas policies and conditions regulating same, and do and perform each and every, all and singular,the matters and things in said policy and conditions of the Public Works and Engineering Division as set forth and specified to be by said Principal done and performed, at the time and in the manner therein specified, and shall pay over and make good and reimburse the City of Beaumont, Texas, all losses and damages which said City of Beaumont,Texas may sustain by reason of any failure or default on the part of said Principal,then this obligation shall be null and void;otherwise to remain in full force and effect. This Bond is payable at the offices of the Public Works and Engineering Division of the City of Beaumont, Texas. The term of this Bond is for a period of two (2) years commencing on the date hereof, and may be continued from year to year by continuation certificate executed by the Principal and the Surety. Signed,sealed and dated this 23rd day of March,2001. EEX E&P COMPANY,L.P. By: EEX EXPLORATION&PRODUCTION COMPANY LLC, its General Partner c Richard L. Edmondson Senior Vice President ST. PAUL FIRE AND MARINE INSURANCE COMPAW::- , By: Margaret B oltz,Attorney-in-Fact Page 2 of 2 This Power of:Nttomey is granted tinder and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Comp;ry-St. Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters, Inc on September 2. 1998,which resolutions are now in full force and effect,reading as follows! RESOLVED,that in connection with the fidelity and surety insurance business of the Company.all hoods,undertakings,contracts and other instruments relating to said business may he signed,executed,and acknowledged by persons or entities appointed as Attornty(sl-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman.or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomeyts)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority,and, in any case. subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorneyts)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse.Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company.St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 23r�dT/ day of March 2001 Sf 1927 r T �Q`^£"� `° �s- ++ `•-�'' >� �� ti` Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorne.v clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is attached. IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, Texas 78714-9104 Fax #(512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent or company first If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document D City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: April 3, 2001 AGENDA MEMO DATE: March 26, 2001 REQUESTED ACTION: Council approval to award a bid for the purchase of four (4) zero-turn radius mowers. RECOMMENDATION Administration recommends award of a bid for the purchase of four (4) 22 HP Encore Prowler MC61 zero-turn radius mowers to Scooter's Lawnmower of Beaumont in the amount of$23,800. BACKGROUND Six (6) bids were received on Monday, March 19, 2001, for the purchase of four (4) zero-turn radius mowers; three (3) for the Parks and Recreation Department, and one (1) for the Fire Department, Training Division. The mowers will be used to maintain turf areas in City parks and on the fire training grounds, respectively. The bids received are as follow: Vendor Model Bid Delivery Unit Bid Time Price Amount Scooter's Lawnmower Encore Prowler 5 days $5,950 $23,800 Beaumont, Texas Mid-Cut MC61 Hlavinka Equipment Co. Steiner ZTM325 2 weeks $6,100 $24,400 Nome, Texas Purchase of Four(4)Zero-Turn Radius Mowers March 26, 2001 Page 2 Vendor Model Bid Delivery Unit Price Bid Amount Time Oil City Tractors, Inc. Exmark LZ25KC604 15 days $6,175 $24,700 Beaumont, Texas Triangle Lawn & Equip. Exmark LZ25KC604 10 days $6,219 $24,876 Beaumont, Texas Nederland Lawnmower Hustler Z926253 14 days $6,290 $25,160 Nederland, Texas A & B Outdoor Equipment Gravely 992020 3 weeks $6,300 $25,200 Nederland, Texas The Encore mower carries the following parts and labor warranties: engine-two (2)years; frame - one (1) year; wheel motors - five (5) years; hydraulic pumps - one (1) year; and battery - 90 days. Service work shall be provided by Scooter's Lawnmower. BUDGETARY IMPACT Funds for this expenditure are budgeted in the Capital Reserve Fund in the amount of$17,850 and the Fire Training Grounds Fund in the amount of$5,950. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMNMNDED BY City Manager, Central Services Director, Parks and Recreation Director, and Fire Chief. RECOMIVIENDED MOTION Approve/Deny acceptance of a bid from Scooter's Lawnmower for the purchase of four(4) Encore Prowler MC61 zero-turn radius mowers in the amount of$5,950 each, for a total expenditure of $23,800. E ti ..7Lji1j City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: April 3, 2001 AGENDA MEMO DATE: March 27, 2001 REQUESTED ACTION: Council consideration to award a bid for the purchase of two(2) 10- ton tandem axle trailers for use by the Public Works Department, Water Utilities Division. RECOMMENDATION Administration recommends award of a bid for the purchase of two (2) 10-ton tandem axle trailers in the amount of$16,630 to Clement of Houston, Inc. BACKGROUND The trailers specified in the bid are to be used by the Water Utilities Division to transport mini- excavators used in the replacement and rehabilitation of water and sewer lines. The trailers are additions to the Division's fleet inventory. Bid notices were provided to 26 vendors, with seven(7)responding with bids. The bids received are as follow: Vendor Model Bid Delivery Unit Price Total Bid Time Clement of Houston, Inc. Interstate 20DT 6-8 weeks $8,315 $16,630 Houston,Texas Smart's Truck&Trailer Equip. Holden TD020 30 days $9,305 $18,610 Beaumont,Texas Mustang Tractor&Equipment Loadking 102LT 4-6 weeks $9,565 $19,130 Beaumont,Texas Purchase of Two(2) 10-Ton Tandem Axle Trailers March 27, 2001 Page 2 Vendor Model Bid Delivery Unit Price Total Bid Time CLM Equipment Co., Inc. Towmaster T20 3-4 weeks $10,000 $20,000 Nederland,Texas Trailers of Texas, Inc. Southwest Gooseneck 75 days $10,799 $21,598 Houston,Texas 30' 10 ton Rush Equipment Center Trail King TK20 30 days $10,960 $21,920 Houston, Texas J& J Trailer Sales, Inc. Falcon Trailer Works 8 weeks $11,994.02 $23,988.04 China, Texas 30GN The local sales tax impact analysis was applied to the local vendors' bids, but did not alter the bid standings. The trailers carry a one (1) year warranty, with service work to be provided by Clement of Houston, Inc.. 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 Clement of Houston, Inc. in the amount of$16,630 for the purchase of two (2) 10-ton tandem axle trailers.