Loading...
HomeMy WebLinkAboutPACKET NOV 20 2012 HIGH WITH OTPOUTUNITT BEAUMOK* T • B • % 0 A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 20,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—November 6, 2012 * Confirmation of committee appointments A) Approve a resolution authorizing the City Manager to enter into an agreement with the Texas Department of Transportation for reimbursement of costs associated with the operation and maintenance of traffic signals on controlled access highways within the City limits of Beaumont B) Approve a resolution authorizing the City Manager to accept the Halbouty Park Walking Trail Project, approve a change order to the contract, and make a final payment C) Approve a resolution awarding an annual contract for the purchase of aqua ammonia for the Water Utilities Department D) Approve a resolution awarding an annual contract for grounds maintenance at Tyrrell Park E) Approve a resolution awarding two one-year contracts for uniforms for the Police Department F) Approve a resolution authorizing the sale of City-owned property located immediately west of 6165 Comstock and at the Northeast corner of Sutherland at Lucas A RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager QO PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: November 20,2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with the Texas Department of Transportation(TxDOT) for reimbursement of costs associated with the operation and maintenance of traffic signals on controlled access highways within the City limits of Beaumont. BACKGROUND The State of Texas acting by and through TxDOT will reimburse the City annually for the costs associated with the operation and maintenance of traffic signals on controlled access highways within the City. The City entered into similar agreements in 1993 and 2004. This new agreement will increase the annual reimbursement from$29,400 to$31,200. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. Contract No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR THE INSTALLATION AND R NSURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A:MUNICIPALITY THIS AGREEMENT is made by and through the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the"State," and the City of Beaumont hereinafter call the "City," acting by and through its duly authorized officers, as_evidenced by Resolution/Ordinance No. executed on ,:hereinafter acknowledged by reference. W1T'NESS_ETH WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State on the day of , 20 , the State has been authorized to maintain certain highway routes within the City;and WHEREAS, from time to time the City requests the State to install traffic signals on certain highways within the City; and WHEREAS, in accordance with Texas Administrative Code: Title 43 Texas Administrative Code Section 25.5, on the 27th day of May, 1987, the State Highway and Public Transportation Commission, now the Texas Transportation Commission, passed Commission Minute Order No. 85777, authorizing the State to install, operate, and maintain traffic signals on: (a) highway routes not designated as full control of access inside the.corporate limits of cities, having a population less than 50.,000 (latest Federal Census); and (b) °highways designated as full control of access in all cities; and WHEREAS, the City has.a population of more than 50,000.population according to the latest Federal Census; and WHEREAS, the City requests the State to assume the installation, operation, and maintenance responsibilities of the signalized intersections as shown in EXHIBIT 1„ attached hereto and made a part of this Agreement; and WHEREAS, the City agrees to maintain and operate the signalized intersections with the State reimbursing the City for all maintenance and operations costs at a flat rate per location as shown on Exhibit 3. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows:AGREEMENT Article 1. CONTRACT PERIOD This Agreement becomes effective when fully executed by the City and the State and shall remain in force for a period on one year from the date of final execution by the State and shall Traffic-Traffic TEA6 Page 1 of 4 Rev. 05/02/2008 Supplemental - Cost-Traffic Signal Type R Contract No. be automatically renewed annually for a one year period, unless modified by mutual agreement of both parties, or terminated as hereinafter provided. Article 2. CONSTRUCTION RESPONSIBILITIES A. The State shall prepare or cause to be prepared the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction of new traffic signals and/or reconstruction of existing traffic signals (including, at the State's option, any special auxiliary equipment, interconnect and/or communication material, and equipment), and will supervise construction, reconstruction, or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the City and will secure the City's consent to construct the traffic signal prior to awarding the contract; said City consent to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of the plans containing the following notion: "Attachment No. to"Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals Within a Municipality," dated The City-State construction, maintenance, and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement to which these plans are made apart." B. All costs of construction and/or reconstruction of new and existing traffic signals will be borne by the State, and the traffic signal system will remain the property of the State. Article 3. MAINTENANCE, OPERATION, AND POWER RESPONSIBILITIES A. The State shall-be:responsible for all electrical power costs for the operation of the traffic signals covered by this Agreement and shown on Exhibit 1. Power costs shall be billed as specified in Exhibit 21 `Traffic Signal Maintenance and Operations Provisions." B. The City will provide a trained staff to maintain and operate the traffic signals shown on Exhibit 1, and the State will reimburse the City at the flat rate shown in Exhibit 3 for parts and labor. All repairs shall be prioritized based on public safety and made as soon as possible. C. The City shall maintain and operate the traffic signals in accordance with the minimum requirements specified in Exhibit 2. D. The City shall maintain at least one log of all emergency calls and all routine maintenance. E. Routine maintenance will be performed by the City as specified in Exhibit 2. Article 4. COMPENSATION A. The maximum amount payable under this Agreement is $ $31,200.00 per year. B. Calculations for the above lump sum amount shall be shown in Exhibit 3, attached'hereto and made a part of this Agreement for maintaining and operating the traffic signal installations covered under this Agreement. C. The addition or deletion of traffic signals shall.be made by supplemental agreement. Article 5. PAYMENT A. The State agrees to reimburse the City at the flat rate shown in Exhibit 3 for maintenance and operations costs for the traffic signals described in Exhibit 1. The City shall submit eo the State Form 132, "Billing Statement,"or an invoice statement acceptable to the State on a(monthly/quarterly/annual) basis. An original Form 132 or acceptable invoice and four copies shall be submitted to the following address: Traff ic-Traffic_TEA6 Page 2 of 4 Rev. 05/02/2008 Supplemental- Cost-Traffic Signal -Type R Contract No. Texas Department of Transportation 8350 Eastex Freeway Beaumont, Texas 77708 B. The City shall maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this Agreement. These records may be reviewed at any time to substantiate the payment by the State and/or determine the need for an adjustment in the amount paid by the State. C. The State shall make payment to the City within 30 days from receipt of the City's request for payment, provided thatthe request is properly prepared. D. Knockdowns or damage resulting from an accident or an act of God and which require emergency replacement of major equipment shall not be included in the (monthly/quarterly/ annual) payments. For eligibility of payment for emergency replacement of major equipment, actual cost shall be submitted to the State for review and determination of reimbursement eligibility. E. Payment for the addition or deletion of atraffic signal installation shall be made by supplemental agreement. Article 6. INDEMNIFICATION The City acknowledges that it is not an agent,servant or employee of the State and, thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. Article 7. TERMINATION A. This Agreement may be terminated by any of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State upon thirty(30)days written notice to the City for failure of the City to provide adequate maintenance and operation services for those traffic signal installations which the City has agreed to maintain and operate. (3) By the State upon sixty (60) days written notice to the City that the State will assume operation and maintenance at the end of the one (1)year period of this contract. (4) By the City upon one hundred twenty (120)days written notice of the State. B. In the event this Agreement is terminated by any of the above conditions, the maintenance and operation of the traffic signal systems shall become the responsibility of the State. Any State owned equipment being held by the City shall be promptly returned within 30 calendar days to the State upon termination of this Agreement. Article 8. SUBLETTING The City shall not sublet or transfer any portion of the work under this Agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be approved in writing by the State. Article 9. AMENDMENTS Changes in the character, costs,provisions, in the attached exhibits, responsibilities, or obligations authorized herein shall be enacted by written amendment. An amendment to this Agreement must be executed by both parties. Article 10. SUCCESSORS AND ASSIGNS Traffic-Traffic_TEA6 Page 3 of 4 Rev. 05/02/2008 Supplemental-Cost Traffic Signal-Type R Contract No. The State and the City bind themselves, successors, assigns., and legal representatives to the other party to this Agreement and the successors,assigns, and legal representatives of such other party to all covenants and provisions provided herein. Furthermore, the City shall not assign, sublet, or transfer any interests in this Agreement without the written consent of the State. Article 11. LEGAL CONSTRUCTION In the case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabllity shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Article 12. STATE AUDITOR The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 13. DOCUMENTS At the request of the State, the Local Government_shall submit any information required by the State in the`format directed by the State. Article 14. PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. THE CITY OF BEAUMONT Executed on behalf of the City by: By Date Typed or Printed Name and Title THE_STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Beaumont District Engineer Traffic-Traffic_TEA6 Page 4 of 4 Rev. 05/02/2008 Supplemental-Cost-Traffic Signal-Type R EXHIBIT 1 Signalized intersections on State Highways located in the City of Beaumont LOCATION TYPE OF SIGNAL US 69/Spur 380 Diamond interchange with one controller US 69/SH124 Diamond interchange with one controller lH 10/Washington Diamond interchange with one controller IH 10/US 90 Diamond interchange with one controller IH 10/Calder Diamond interchange with one controller IH 10/North Diamond interchange with one controller IH 10/Harrison Diamond interchange with one controller IH 10/Eleventh Diamond interchange with one controller IH 10/Gulf Diamond interchange with one controller US 69/Delaware Diamond interchange with one controller US 69/Lucas Diamond interchange with one controller US 69/Dowlen Diamond interchange with one controller US 69/SH 105 Diamond interchange with one controller Spur 380/Pennsylvania Diamond interchange with one controller Spur 380/Park Diamond interchange with one controller US 69/Spur 93/Avenue A Diamond interchange with one controller lH 10/Laurel Conventional actuated signal IH 10/Gladys Conventional actuated signal Traffic-Traffic—TEA6a Page 1 of 1 Rev. 09/18/2006 Exhibit 1 Location Traffic Signal—Type R EXHIBIT 2 TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS The maintaining and operating city agrees to: 1. Unless specifically noted elsewhere in this agreement, the signal timing and operational phasing shall be the responsibility of the city. 2. Inspect the highway traffic.signal system a minimum of once every 1:2 months and, replace burned out lamps or damaged sockets as may be required. Police, citizen, or other reports of burned out lamps or other damage, which could jeopardize safety, shall be repaired or replaced as soon as possible after the report, depending on the nature of the report. !otherwise, appropriate steps shall be taken to protect the public. The reflector and lens should be cleaned each time a lamp is replaced. All replacement lamps shall equal the wattage and type of the existing lamp. 3. Keep signal poles, controller pedestals, and foundations in alignment. 4. Keep signal poles and controller cabinets tight on their foundation(s) or pedestal(s). 5. Keep traffic and pedestrian signal heads aligned and properly adjusted Repair back plates where needed. 6. Check the controllers, conflict monitors, detector units, relays, pedestrian push buttons, and detectors a minimum of once every 1.2 months to ascertain that they are functioning properly and make all necessary repairs and replacements. 7. Keep interior of controller cabinets in a neat and clean condition at all times. 8. Clean reflectors, lenses, and lamps a minimum of once every twelve months. 9. Repaint all corrosive susceptible highway traffic signal components exposed to weather with a non-lead based paint as needed in order to maintain a well kept appearance in the opinion of the Texas.Department of Transportation's representative. Plastic signal heads and galvanized and aluminum components are excluded. 10. Group relamp and incandescent lamps of all highway traffic signal heads at the expiration of the average rated lamp life or replace the lamps on a burn out basis. 11. Repair or replace any and all equipment that malfunctions or is damaged. 12. Provide alternate traffic control,during a period of failure or when the controller must be repaired. This may be accomplished through installation of a spare controller, placing the intersection on flash, manually operating the controller, or manually directing traffic through the use of proper authorities. In addition, barricades and warning signs shall be provided in accordance with the requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices. 13. Provide maintenance personnel trained in the maintenance of traffic signal equipment who will be available to respond to emergency calls from authorized parties 24 hours a day, Traffic-Traffic_TEA6b Page 1 of 2 Rev. 09/18/2006 Exhibit 2—Maintain &Operate Traffic Signal - Type R including Saturdays, Sundays, and holidays. 14. Provide the State and local law enforcement agencies the location and respective names and telephone numbers of individuals responsible for emergency maintenance. 15. Document routine observations during the year by trained City personnel of the traffic signal operation at each traffic signal during various times of the day to assure fair distribution of time and for all traffic movements (phases) during varying traffic conditions. 16. Check cabinet fitter a minimum of once every six months and clean if necessary. Cabinet filter shall be replaced every two years. 17. Document.all checks and corrective actions in a separate log book for each intersection. 18. In metropolitan cities where Intelligent Transportation Systems and/or incident management systems are being implemented the signal timing will be the responsibility of the City in cooperation with the Texas Department of Transportation. Traffic accidents., inclement weather, special events, maintenance, and:construction activities are a few of the causes of nonrecurrent congestion. Nonrecurrent congestion often changes the normal traffic demand patterns. Effective and efficient movement of traffic through the transportation network during periods on nonrecurrent congestion must be considered in the design and operation of all traffic management systems, including traffic signal systems. Priority should be:given to freeway or expressway frontage roads when nonrecurrent congestion occurs on freeway or expressway mainlanes. Power costs shall be billed directly to the State. Traffic-Traffic TEA6b Page 2 of 2 Rev. 09/18/2006 Exhibit 2— Maintain & Operate Traffic Signal Type R EXHIBIT 3 Actuated Signals at conventional intersections and at Tee intersections shall be reimbursed at $1.200.00 per intersection per year. Calculations: Signal Repairs $400.00 Preventive Maintenance $400.00 Engineering $400.00 Fixed Time Signal shall be reimbursed at N/A per intersection per year. Calculations: Diamond Interchange Signals with one controller shall be reimbursed at $1,800.00 per intersection per year. Calculations: Signal Repairs $600.00 Preventive Maintenance $600.00 Engineering $600.00 Diamond Interchange Signals with two or more controllers shall be reimbursed at N/A per intersection per year. Calculations: Sign Mounted Flashers shall be reimbursed at N/A per unit per year. Calculations: Overhead Flashing Beacons shall be reimbursed at N/A per intersection per year. . Calculations: Traffic-Traffic TEA6c Page 1 of 1 Rev. 09/18/2006 Exhibit 3 -Cost Traffic Signal-Type R RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an agreement with the Texas Department of Transportation (TxDOT) for reimbursement of costs associated with the operation and maintenance of traffic signals on controlled access highways within the City limits of Beaumont. The agreement provides an annual reimbursement of$31,200. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2012. - Mayor Becky Ames - RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: November 20, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept the Halbouty Park Walking Trail Project, approve a change order to the contract with Bruce's General Construction, and make final payment in the amount of $7,893.00. BACKGROUND On July 24,2012, City Council awarded Bruce's General Construction the contract for the Tom C. Halbouty Park Walking Trail Project in the amount of$70,355. Change Order No. 1 in the amount of$857.50 is recommended to adjust the estimated quantities to reflect the actual quantities used during the performance of the project. The MBE participation in the performance of the contract represents 100% of the final contract amount. A copy of Schedule C identifying the MBE participation is attached. The project was inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of resolution. CiTX OF��AUM4�1'i' J gcmDm. e SCHEDULE OF MBR PARMIPAUC IN BRJCE'S GENERAL CONSTRUCTION, INC. VEMOR HAMS It Ca F BRUCE'SGENEPALCONSTRUCTION,INC. /175REttJOLDORD.BEAUMONT.-rx777o7 . S1TEW0RK,C0NCR=TE,ETC 70,3555.00 , The and erslgaed will enter Into a formal nVeament with MBZ CoAtractors Air work listed fn-this schedule'conditioned upon arerution of a contract with the CKY. of Beaumont N(}TF.: 1. Ties s&edulte should file submiitted with your bid. JILL BROUMARo C6iR;ESIDENT OWNER I CITY OF BEAUMONT DATE: OCTOBER 23,2012 PROJECT: TOM C.HALBOUTY PARK WALKING TRAIL OWNER: CITY OF BEAUMONT CONTRACTOR: BRUCE'S GENERAL CONSTRUCTION CHANGE ORDER NO.: 1 (FINAL) Add Construction Items and/or quantities to the Contract: Item Additional Unit Description Unit Amount No. Quantity Price 4 FURNISH&INSTALL REINFORCED CONCRETE SIDEWALK SY 4 $40.00 $160.00 5 FURNISH&INSTALL CEMENT STABILIZED SAND SY 17 S20.00 $340.00 7 IFURNISH AND INSTALL SOD SY 110 $3.25 $35750 ADD TOTAL AMOUNT $85750 ORIGINAL CONTRACT AMOUNT: $70,355.00 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $857.50 PERCENT OF THIS CHANGE ORDER: 1.22% TOTAL PERCENT CHANGE ORDER TO DATE: 1.22% NEW CONTRACT AMOUNT: $71,21250 ACCEPTED BY; PREPARED BY: ALL BROUSSARD CHACE MANN BRUCE'S GENERAL CONSTRUCTION PROJECT MANAGER APPROVED BY: DR.JOSEPH MAJDALANI,P.E. PATRICK DONART,P.E. CITY ENGINEER PUBLIC WORKS DIRECTOR ATTESTED BY: KYLE HAYES TINA BROUSSARD CITY MANAGER CITY CLERK RESOLUTION NO. WHEREAS, on July 24, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No.12-157 awarding a contract in the amount of $70,355 to Bruce's General Construction, Inc., of Beaumont, Texas, for the walking trail and drainage improvements at Halbouty Park located at 5780 Gober Road; and, WHEREAS, Change Order No. 1 in the amount of$857.50 is required to adjust the estimated quantities to reflect the actual quantities used during the performance of the project, thereby increasing the project amount to $71,212.50; and, WHEREAS, the project has been inspected and completed in accordance with the terms and conditions of the contract and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 to adjust quantities actually used during the performance of the project, thereby increasing the contract amount by$857.50 for a total contract amount of$71,212.50; and, BE IT FURTHER RESOLVED THAT the Tom C. Halbouty Park Walking Trail Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$7,893.00 to Bruce's General Construction, Inc. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2012. - Mayor Becky Ames - C RICH WITH OPPORTUNITY BEAUMOK* T • X • X . A • B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager , J PREPARED BY: Laura Clark, Chief Financial Officer/ MEETING DATE: November 20, 2012 REQUESTED ACTION: Council consider a resolution approving an annual contract for the purchase of aqua ammonia from Southern Ionics, Corp.,of West Point,Mississippi, in the estimated amount of$64,428.80 for use by the Water Utilities Department. BACKGROUND Bids were requested for an annual contract to supply water treatment chemicals. Aqua ammonia is used to disinfect and purify the City's water supply. Six(6)vendors were notified;three(3) vendors submitted bids. The contract is to furnish aqua ammonia at the fixed unit price of $1,073.78 per ton. The price for the previous contract was$885.86 per ton, an increase of $187.92 per ton There are no local suppliers of this product. Bid tabulation is as follows: Vendor Tons Unit Price Total Southern Ionics, Corp. 60 $1,073.78 $64,426.80 West Point, MS GC3 Specialty, Inc. 60 $1,154.00 $69,240.00 Houston, TX Air Gas Specialty, Inc. 60 $1,487.18 $89,230.80 Lawrenceville, GA FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for the purchase of aqua ammonia for use by the Water Utilities Department; and, WHEREAS, Southern Ionics, Corp.,of West Point, Mississippi,submitted a bid in the unit amounts shown on Exhibit "A," attached hereto, for an estimated amount of $64,428.80; and, WHEREAS, City Council is of the opinion that the bid submitted by Southern Ionics, Corp., of West Point, Mississippi, in the amount of$64,428.80 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Southern Ionics, Corp., of West Point, Mississippi, for an annual contract for the purchase of aqua ammonia for use by the Water Utilities Department in the estimated amount of$64,428.80 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Southern Ionics, Corp., of West Point, Mississippi, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2012. - Mayor Becky Ames - Are■.z:a City of Beaumont Texas BEAUMON W Purchasing Division Bid Tabulation z - s - Z - A - 8 Bid Name: Annual Contract for Aqua Ammonia Bid Number: BF1013-02 Bid Opening: Thursday, November 08,2012 Contact Person: Robert J. Hollar, Buyer II rhollarD-ci.beaumont.tx.us Phone 409-880-3758 Vendor AirGas Specialty Prod GC3 Specialty Chemical City/State Lawrenceville, GA Houston Phone or Fax No. 800 295-2225 713 802-1761 Extended Q ITEM DESC (TONS) Unit Price Extended Price Unit Price price t 1 1Aqua Ammonia 60 1,487.18 89,230.80 $1,154.00 69,240.00 m BID 89,230.80 $69,240.00 t Bid Not Stated Not Stated W No Response: Harcross Chemical, Pencco, Brenntag Southwest D RICH WITH OPPORTUNITY r T • E • X a A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 20, 2012 REQUESTED ACTION: Council consider a resolution approving an annual contract with Garden of Gethsemane Nursery & Landscaping of Beaumont in the approximate amount of$64,125 to provide grounds maintenance at Tyrrell Park. BACKGROUND Garden of Gethsemane Nursery & Landscaping will provide grounds maintenance at Tyrrell Park under a one (1) year contract with two (2) one-year extensions available at the same pricing. This contract provides for mowing, trimming, trash removal, maintenance of landscaping plant materials and other functions. Maintenance takes place on a weekly basis during the growing season and bi-weekly during the non-growing season. Bids were requested from nineteen (19) vendors with seven(7) vendors responding. The bid tab is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract, with two(2) one year options to renew, to provide grounds maintenance at Tyrrell Park; and, WHEREAS, Garden of Gethsemane Nursery& Landscaping, of Beaumont, Texas, submitted a bid in the amounts shown on Exhibit'A"attached hereto,for an estimated total annual cost of$64,125; and WHEREAS, City Council is of the opinion that the bid submitted by Garden of Gethsemane Nursery & Landscaping, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Garden of Gethsemane Nursery & Landscaping, of Beaumont, Texas, for an annual contract,with two(2)one year options to renew,to provide grounds maintenance at Tyrrell Park for an estimated total annual cost of $64,125 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Garden of Gethsemane Nursery & Landscaping, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2012. - Mayor Becky Ames - BAUIDH CITY OF BEAUMONT,BEAUMONT,TEXAS PURCHASING DIVISION BID TABULATION T 6 7I A--'s Bid Name: Grounds Maintenance for Tyrrell Park Bid Number: MF1013-04 Bid Opening: Thursday,November 1,2012 2:00 P.M. Contact Person: Sara Parker,Buyer III soarker(Mci.beaumont.tx.0 s Phone: 409-880-3757 Garden of Gethsemane PCLC Landscape North Star Unlimited CIMA Utility Vendor Nursery&Landscaping LLC Management Construction Co. city!State Beaumont,TX Beaumont,TXBssuff ont,TX Beaumont,TX S1tdit Rrice !ta)pC1E ft,: Section I. $360.00 5350.00 $21S.00 $895.00 Section II. $360.00 $350.00 5200.00 5645.00 Section III. $450.00 $1,000.00 $830.00 5980.00 Total per Year(45 Cycles) $52,650.00 $76,500.00 $56,025.00 $113,400.00 Daily Trash Pickup S45.00 $30.00 $250.00 $100.00 Total Trash Pickup per Year (365 Days) $11,475.001 S10,950.001 $91,250.00 $36,500.00 TOTAL BID 564,125.00 $87,450.00 1 $147,275.00 $149,900.00 Pura Vida Landscape and Torres Lawn Service Dama Ace Construction Vendor Construction Management LLC Cl!x State Winnle,TX Beaumont,TXBeaurr ont,TX 5(�CtiOirt"Pticle saii lil Sr+c t i�I!iIm" Section 1. $782.00 $1,370.00 $2,300.00 Section II. $727.00 $1,300.00 $2,140.00 Section III. $1,975.00 $3,946.00 $9,481.00 Total per Year(45 Cycles) $156,780.00 $297,720.00 S626,445.00 Daily Trash Pickup 5125.00 $322.65 $84.00 Total Trash Pickup per Year (365 Days) $45,625.00 $117,767.25 $30,660.00 TOTAL BID $202,405.00 $415,487.25 $657,105.00 EXHIBIT "A" RICH WITH QPPQRTUNITY E [IEA,UMON T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 20, 2012 REQUESTED ACTION: Council consider a resolution approving the award of two (2), one (1) year contracts in the total estimated amount of $58,030.50 for use by the Police Department. BACKGROUND Bids were received from three (3) vendors for an annual contract to supply the issued uniform requirements for the Police Department. Specifications required vendors to submit bids in three areas of use - standard issue Police uniforms consisting of long and short sleeve shirts and pants, uniforms for use by Animal Control, and specialty uniform components used by SWAT, traffic, and other specialized police units. The Administration recommends award of one (1) year contracts to the following vendors in the estimated amounts indicated: Lonestar Uniform, Inc., of Houston, $45,660.50; and Texas Code Blue, LLC of Beaumont, $12,370.00. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract to provide Police Department uniforms and uniform components; and, WHEREAS, Lone Star Uniform, Inc., of Houston,Texas, and Texas Code Blue, LLC, of Beaumont, Texas, submitted bids as shown on Exhibit "A," attached hereto, for an estimated total amount of$58,030.50; and, WHEREAS, City Council is of the opinion that the bids submitted by Lone Star Uniform, Inc., of Houston, Texas, and Texas Code Blue, LLC, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bids submitted by Lone Star Uniform, Inc., of Houston, Texas, and Texas Code Blue, LLC, of Beaumont, Texas, for an annual contract to provide Police Department uniforms and uniform components for an estimated total amount of$58,030.50 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Lone Star Uniform, Inc., of Houston, Texas and Texas Code Blue, LLC, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2012. - Mayor Becky Ames - area•tTa o«oaro*:TT CITY OF BEAUMONT,BEAUMONT,TEXAS BEAUMON* PURCHASING DIVISION BID TABULATION z • s • x • A - a Bid Name: ANNUAL CONTRACT FOR POLICE UNIFORMS Bid Number: BF1013-01 Bid Opening: Thursday, November 08, 2012 Contact Person: Robert(Bob) Hollar, Buyer 11 rhollaKcDci.beaumont.tx.us Phone: 409-880-3758 SECTION 1 - STANDARD UNIFORM GEAR Vendor LONE STAR CODE BLUE GST PUBLIC SAFETY City / State HOUSTON BEAUMONT GRAND PRAIRIE ITEM QTY Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price MENS L/S SHIRT BLAUER 860OZ 50 43.00 $2,ISO. NO BID $51.30 $2,565.00 MENS S/S SHIRT BLAUER 861 OZ 75 $39.00 $2,925.00 NO BID $46.95 $3,521.25 OMENS L/S SHIRT BLAUER 860OWZ 12 $43.00 $516.00 NO BID $51.30 $615.60 WOMENS S/S SHIRT BLAUER 861 OWZ 40 $39.00 $1 560.00 NO BID $46.95 $1,878.00 Q MEN'S TROUSERS BLAUER 8650 125 $44.00 5!500.00 NO BID $63.95 $7,993.75 F- WOMEN'S TROUSERS BLAUER 865OW 40 1 $44.00 $1,760.00 NO BID $63.95 $2,558.00 m MEN'S L/S SHIRT ELBECO Z314 25 $37.00 $925.00 $41.60 $1,040.00 $53.95 $1,348.75 = MEN'S S/S SHIRT ELBECO Z3314 50 $36.00 $1,800.00 $38.20 $1,910.00 $48.95 $2,447.50 w WOMEN'S L/S SHIRT ELBECO Z9314 40 37.00 $1 480.00 $41.60 $1,664.00 N/A $0.00 WOMEN'S S/S SHIRT ELBECO Z9814 40 $36.00 $1,440.00 $38.20 $1,528.00 $48.95 $1,958.00 MENS TROUSERS ELBECO E314 40 $38.00 $1,520.00 $42.80 $7,712.00 $65.95 $2,638.00 WOMEN'S TROUSERS ELBECO E9314 60 $38.00 $2,280.00 $42.80 $2,568.00 $65.95 $3,957.00 MENS L/S SHIRT SPIEWAK SPDUI 5Z 40 $72.00 $2,880.00 $62.00 2,480.00 $66.95 $2,678.00 MENS S/S SHIRT SPIEWAK SPDUI OZ 50 $65.00 $3,250.00 $60.00 $3,000.001 $62.95 $3,147.50 WOMENS L/S SHIRT SPIEWAK SPDUI6Z 20 $72.00 $1,440.00 $62.00 $1,240.001 $66.95 $1,339.00 WOMENS S/S SHIRT SPIEWAK SPDUI 1 Z 40 $65.00 $2,600.00 $60.00 2,400.001 $62.95 $2,518.00 CARGO PERF TROUSER SPIEWAK SPDU20 50 $77.001 $3,850.00 65.00 $3,2SO.001 $68.95 $3,447.50 TOTAL STANDARD GEAR 377 W6.00 $22,792.001 $44,610.851 SECTION 2 -ANIMAL CONTROL UNIFORM ITEM QTY Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price STREET PANTS GEAR CARGO BLAUER 881 OX 10 $62.00 $620.00 NO BID $73.95 $739.5 BLAUER STREETGEAR BLAUER 8713 20 $44.00 $880.00 $63.95 $1,279.0 NO BID TOTAL ANIMAL CONTROL $1,500.00 $0.00 $2,018.50 SECTION 3 - SPECIALTY UNIFORMS ITEM Qn Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price BLAUER STREET GEAR CARGO PANT DK BLAUER 881 OX 10 $ 62.00 S 620.00 $ 73.95 $ 739.50 NAVY NO BID BLAUER STREET GEAR BLAUER 8713 10 $ 44.00 $ 440.00 $ 63.95 $ 639.50 S S SHIRT DK NAVY NO BID BLAUER STREETGEAR BLAUER 8707 10 $ 46.95 $ 469.50 L S SHIRT DK NAVY NO BID NO BID BLAUER RAIN COAT BLAUER 26990 15 S 99.00 S 1,485.00 NO BID $ 132.95 $ 1,994.25 BLAUER RAIN JACKET BLAUER 26991 15 $ 89.00 $ 1,335.00 NO BID $ 117.95 $ 1,769.25 BLAUER RAIN HOOD BLAUER 123 15 1 $ 9.00 $ 135.00 NO BID $ 10.95 $ 164.25 BLAUER RAIN PANTS BLAUER 134 15 $ 69.00 $ 1,035.00 NO BID $ 82.95 $ 1,244.25 BLAUER TRAFFIC VEST BLAUER 343 15 $ 65.00 $ 975.00 NO BID $ 74.95 $ 1,124.25 BLAUER BIKE POLO BLAUER 8312 50 $ 62.00 $ 3,100.00 SHIRT NO BID NO BID BLAUER STRETCH BIKE BLAUER 882 10 $ 58.00 $ 580.00 SHORT NO BID NO BID O KESTHELL BIKE BLAUER 4660 10 $ 119.00 $ 1,190.00 NO BID $ 138.95 $ 1,389.50 SUPERSHELL JACKET BLAUER 9970-1 10 365.00 $ 3,650.00 NO BID $ 453.95 $ 4 539.50 SUPERSHELL JACKET BLAUER 9970-2 10 $ 370.00 3.700.00 NO BID $ 444.95 $ 4,449.50 HOOD BLAUER HF 9970 10 50.00 $ 522-00 NO BID $ 62.95 $ 629.50 BICYCLE PANTS BLAUER 8822 10 $ 74.00 $ 740.00 NO BID $ 92.95 $ 929.50 UFX PERFORMANCE ELBECO 5731 10 $ 35.00 $ 350.00 $ 48.00 $ 480.00 NO BID OLO SHIRT -TOTAL SPECIALTY $20,304.50, 0.001 $19,612.7-51 OTAL BID 59,680.50 23,272.00 66,242.10 NO BID - NARDIS, NIGHTS, LAWMEN S RICH WITH OPPORTUNITY r T • E • X • A • S Cit y Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: November 20, 2012 REQUESTED ACTION: Council consider a resolution authorizing the sale of City-owned property. BACKGROUND Bids were received Thursday,November 1 for the sale of two parcels of City-owned surplus property. Parcel 1 is located immediately west of 6165 Comstock and Parcel 2 is located at the Northeast corner of Sutherland at Lucas. There was only one bidder on each property. The description and the bidders for the properties are listed below: Parcel No. 1 Address: West of 6165 Comstock Legal: Plat RS 1 and Tracts 119F& 119H, situated in the Thomas Spear Abstract 50 Zoning: RS,Residential Single-Family Dwelling District Acreage: 1.146 acre tract ** RETAIN AT&T EASEMENT AS PART OF THIS PROPERTY Name Bid Amount Lorenzo Fitch $6,1 37.00 Parcel No. 2 Address: Northeast Corner of Sutherland @ East Lucas Drive Legal: South 18ft of Lot 10, Lot 11, Lot 12 Block A, situated in the Southerland Addition Zoning: RS,Residential Single-Family Dwelling District Acreage: 0.129132 acre tract ** RETAIN AT&T EASEMENT AS PART OF THIS PROPERTY Name Bid Amount Wilbert C. Sells $1,201.00 FUNDING SOURCE The sales amount will be deposited in the General Fund. RECOMMENDATION Approval of resolution. n 8375'YAUPON DR + Y: �i '1 wAe 6360 YAf1P4N: _ .. !` { Account Number: 300050-000-021205-00000 2 4850 WOODLANC Mn Owner Name: CITY OF BP.AUMONT Property Address: . .. Owner Address: PO BOX 3827 ' f BEAUMONT TX 777043827 Legal Description; PL RS 1-THOS SPEAR ABST 50-.41a AC-DOWLEN ROAD 1 ai�s�o-00000-7 fi 48z6WOODU Account Number; 3oaa5aoo a Owner Name: CITY OF BEAUMONT d CAR D Property Address: g 4980-ANAE LN Owner Address: PO BOX 3827 ' �'. 4890 A17IE LN BEAUMONT TX 777043827 Legal Description: PL R$1 TR 1.19E&l 14H-THOS SPEAR ABST 50.828 AC-. ABSTRACT 300050- M885 IANCARDR' ...� Deed index:- 00100211159 4fie5 3A�i.CARDR- V 8'285 Y '� 82 Yd1UPl)K i; �8t3tYCAi.UMET:Df3 tY>AI$1CCKfi1 t;AL° =DRi ?lAU 4 .le►a DAM YJltt> 1r m 489 a'511SS+4ERAS LN I SS 825tS YAUEN'DR SI'>ALl1ulET DRt +1895'C�il.lBAIIEF•DR; y A875 S7AS$hfiti�3 Lid 0240.' . .. DR COM57bEK 8035.0 RD 4895 Si4SSAfRAB YAUP011:oil 4880 7t1PELO LN 487C 81Y KRD 8106 C II6TOCK 7!228 YXUPC4i' ri a �SECIKUR BSb BECK 4d4t} DR .' 4tS110$LEN 04K5 CIR! 4875 TUPELotm 4r y aj•_.<,� `' &i80Gb{' SFOEKRD 4805•Wt3PEL0 K,_ 8f8QCOMS110C1f RD 'R- 4'7' tB7 'CNINQtlAPt!`FLN si10C0#A4[OCK7iq 9 I = 4150YAU DR CA. � Q� 4890,CHINbtUAPIU(. 855000IYiSTOCICit� '� x 4855 GLEN OAKS CIR. ;a, •sir ,� ,a..�� >~ 4645 GLEN OAKS CIR> CHINQUAPIN LN; 4855 CrUNQUAPIN LN' .r a...re..s.. R _ 4635 GLEN OAKS a CITY OF BEA.UMONT MAINTENANCE co NE 07 WT02 ACCOUNT NO. : 63250-700-0 ' DATE: 5-08-0 STREET: Northgagt covner f Su he 1 E Luc LOT: 11 2 .8 1 t' 10 BLOCK: A ADDITION- TRACT: ` '"� SECTION: ABSTRACT: SURVEY: DEVELOPED: UNDEVELOPED SQ.FT. 110 X 1 l •17 IMPROVEMENTS TOTAL SQ.FT. TO BE CUT: 7 '0 COMMENTS of BCaumon LOCATION MAP st MU AN ..,T; : ,=iys to a =' • h Q a i _ ' .' n�' �•,rte,.:.. LptN yQ[KtlN try/,u,Nf3 .M .•-:r•'p�tA ,x•,. - MOATM CAME ABS/LFX =Ht;�Lfllf , x 06.4. 729 90 R t • � ��fi �•fl .ii (•5!•�i0 �•3� 7t •Y3• -s3 RESOLUTION NO. WHEREAS, on November 1, 2012, the City of Beaumont received bids for the sale of City-owned surplus property; and WHEREAS, the City of Beaumont received bids from the following bidders in the amounts shown: PURCHASER: Lorenzo Fitch AMOUNT: $6,137.00 Parcel No. 1 Address: Left of 6165 Comstock Road Legal: Plat RS 1 and Tracts 119F & 119H, situated in the Thomas Spear Abstract 50 Zoning: RS, Residential Single-Family Dwelling District Acreage: 1.146 acre tract "RETAIN AT&T EASEMENT AS PART OF THIS PROPERTY" PURCHASER: Wilbert C. Sells AMOUNT: $1,201.00 Parcel No. 2 Address: Northeast Corner of Sutherland Avenue at E. Lucas Drive Legal: South 18ft of Lot 10, Lot 11, Lot 12 Block A, situated in the Southerland Addition Zoning: RS, Residential Single-Family Dwelling District Acreage: 0.129132 acre tract "RETAIN AT&T EASEMENT AS PART OF THIS PROPERTY" and, WHEREAS, the land is no longer needed for the use of citizens as a road, nor does it have a potential for park, conservation, recreation or similar purposes; and, WHEREAS, the City of Beaumont wishes to sell the above properties as shown; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Special Warranty Deeds for the sale of the above-described properties as shown. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2012. - Mayor Becky Ames - DICE WITH OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 20,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance repealing Article 20.02 of the Code of Ordinances related to railroads 2. Consider a resolution approving a six-month contract to provide lubricants for use by various City departments COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 November 20,2012 Consider an ordinance repealing Article 20.02 of the Code of Ordinances related to railroads I i RICH WITH OPPORTUNITY T • E A City, g . A , s Ci Council Agenda Item g TO: City Council FROM: Kyle Hayes, City Manager 0• PREPARED BY: Jim Thompson, Director of Management Operations MEETING DATE: November 20, 2012 REQUESTED ACTION: Council consider an ordinance repealing Article 20.02 of the Code of Ordinances related to railroads. BACKGROUND The City of Beaumont, like many other cities, historically involved itself in the regulation of railroads operating within the city limits. Ordinances were passed to address safety issues and operating practices that affect the public. These regulations were carried forward in Article 20.02 of the Code when it was recodified in 2010. For all practical purposes, the City has ended its efforts to regulate railroads because local railroad operations and safety rules are now preempted by federal law. The Surface Transportation Board which was created by the Interstate Commerce Commission Termination Act of 1995 was given exclusive jurisdiction over railroad operations. Local railroad safety laws are also preempted under the Federal Railroad Safety Act of 1970 which authorizes the Secretary of Transportation to establish uniform, nation-wide standards for railroad safety. Article 20.02 of the City Code includes provisions that are preempted by federal law or otherwise fully addressed by state law. Staff recommends that Article 20.02 be repealed in its entirety. FUNDING SOURCE General Fund. RECOMMENDATION Approval of ordinance. ARTICLE 20.02 RAILROADS'* Division 1. Generally Sec. 20.02.001 Definitions As used in this article, the following terms shall have the respective meanings ascribed to them: Dangerous railroad crossing. The intersection of any railroad tracks upon and over which may be moved any railroad train, with, on, or through a public street under such circumstances that such crossing is dangerous to pedestrians or vehicular traffic using such public streets and that safety precautions are necessary to protect pedestrians and vehicular traffic. Railroad train. Locomotive engine, car, train of cars, or any other conveyance, by whatever means propelled, designed to move over fixed tracks or rails. Switching. The pulling up and backing across, or the backing across and pulling up, of any freight or passenger cars or railroad engine across any street crossing or intersection of two (2) streets within the city, or upon or along any street within the city; provided, however, nothing contained in this article shall be construed as an exception to or exemption from compliance with section 20.02.004. Vehicle. Any device in or by which any person or property is, or may be, transported or drawn upon a public street or thoroughfare, except devices moved only by human power or used exclusively upon stationary rails or tracks. (195 8 Code, sec. 31-1; 1978 Code, sec. 22-1) Sec. 20.02.002 Blowing whistles; blowing out boilers It shall be unlawful to blow the railroad engine whistle, horn or siren, or cause the same to be blown, within the city during the period of time between 9:00 p.m. and 6:00 a.m., except when there is imminent danger of an accident. All persons are prohibited from blowing off or blowing out a railroad engine boiler when crossing any public street, alley or other thoroughfare within the city. (1958 Code, sec. 31-2; 1978 Code, sec. 22-2) Sec. 20.02.003 Climbing through or under trains; disobedience by pedestrians to signals It shall be unlawful for any person, other than authorized railroad employees, to climb through, under or over any train of cars, whether such train of cars is moving or at a standstill, or for any person to disobey any train approach warning signal, sign or barricade. (1958 Code, sec. 31-5; 1978 Code, sec. 22-3) State law reference—Obedience to signal indicating approach of train, V.T.C.A.,Transportation Code,sec. 545.251. Sec. 20.02.004 Standing of trains (a) Blocking streets at crossings; time limit. It shall be unlawful for any person operating or causing to be operated any railroad train within the city to obstruct the crossing, or any portion of the width thereof, of any street in the city by any railroad engine, car or cars, of any description, for a longer time than five (5) consecutive minutes, and whenever such crossing shall have been obstructed, or any portion of its width, by any such engine, car or cars, for five (5) or more consecutive minutes at any one time, it shall be left entirely free and unobstructed for at least five (5) consecutive minutes, except that this section shall not apply to any through train passing over such crossing and kept in constant forward motion while passing the crossing and engaged in interstate or intrastate commerce. (b) Between crossings, maximum period. It shall be unlawful for any railroad engineer,train conductor or other person to cause or allow any railroad locomotive, engine, car or train of cars to stop in or remain upon any street between crossings within the city for a longer period than thirty (30) minutes at any one time. (c) Unblocking in case of fire. If any railroad crossing is blocked when the fire alarm indicates there is a fire, it shall be the duty of the yardmaster in charge of the railroad train blocking the crossing, and the engineer in charge of the engine, and the watchman in charge of the crossing, to cause the crossing to be cleared of railroad trains at once, and to be kept clear for a space of fifteen (15) minutes, and the failure on the part of any of the aforementioned persons in charge of their respective duties to clear such crossing of railroad trains at once, and keep same clear for a space of fifteen (15) minutes, shall constitute a misdemeanor. (1958 Code, secs. 31-8-31-10; 1978 Code, secs. 22-4-22-6) State law reference—Obstruction of railroad crossing,V.T.C.A.,Transportation Code, sec.471.007. Sec. 20.02.005 Penalty; persons responsible for violation Whoever shall violate, or cause or permit to be violated, any provision of this article shall, upon conviction therefor, be punished as provided in section 1.01.009 of this code, and the penalty herein prescribed shall extend to the president, vice-president, and general manager of any corporation so offending and to all persons in actual control of such engine, car or cars, to all persons having direction over the movement of such engine, car or cars, and to all general or division officers of any corporation owning or controlling such engines or cars, who shall have the authority to give orders in relation to the disposition of such engines or cars in the city, who shall fail to give the necessary orders or fail to enforce such orders when given. (1958 Code, sec. 31-11; 1978 Code, sec. 22-7) Sec. 20.02.006 Burden of establishing exceptions Whenever any person shall be charged with violation of any provision of this article, it shall not be necessary that the complaint shall negative any of the exceptions contained in this article, and this article shall be construed so that such exceptions shall be deemed to be defenses to conviction of any person charged with violation of this article so that the burden of establishing any of such exceptions in any case shall be upon the defendant. (1958 Code, sec. 31-12; 1978 Code, sec. 22-8) Secs. 20.02.007-20.02.040 Reserved Division 2. Switching"* Sec. 20.02.041 Restrictions at certain Texas and New Orleans Railway Company crossings It shall be unlawful for any person operating or causing to be operated any railroad train within the city, or any locomotive engineer, fireman, foreman, switchman, yardmaster, conductor or any other agent or employee for the railroad company, operating or participating in any manner in the operation, control or management of any locomotive or switch engine, or other train or engine of whatever character,to switch freight or passenger cars on any railroad in the city at any point east of the west line of Park Street and the east line of Cypress Street along or upon the right-of-way of the Texas and New Orleans Railway Company at its intersection with any public street, and south of the north line of College Street across the intersection of College Street with Railroad Avenue, except where such switching across College Street is necessary for the interchange of railway cars from one railway company to another, if such interchange is accomplished by movement of such cars to the place of interchange and returned without more than one reverse movement each way, and provided such College Street intersection is cleared of railway cars and engines to permit vehicular traffic to pass such crossing before such reverse movement is made. (1958 Code, sec. 31-13; 1978 Code, sec. 22-20) Sec. 20.02.042 Hours prohibited at certain crossings It shall be unlawful for any person operating or causing to be operated any railroad train within the city and for any foreman of a switching crew, engineer or conductor of a railroad train, or other person in charge of a railroad train, or car, or railroad engine,to switch freight or passenger cars on any railroad in the city along, upon or across any public street or across any street crossing or intersection of two (2) streets within the city, at the following places during the hours stated: (1) At any point between the west line of Neches Street and the east line of Main Street along or upon Gilbert Street and Blanchette Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (2) On any railroad track crossing Wall Street between Railroad Avenue and Victoria Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (3) Along any railroad track at the intersection of Crockett Street and Avenue C, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (4) Along any railroad track crossing Fourth Street between Angelina Street and Crockett Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (5) Along any railroad track crossing North Street between Gulf Street and First Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (6) Along any railroad track crossing Liberty Street between Gulf Street and First Street, between the hours of 7:15 a.m. and 8:15 a.m. (7) Along any railroad track crossing Laurel Street between Gulf Street and First Street, between the hours of 4:30 p.m. and 5:30 p.m. (8) Along any railroad track crossing Crockett Street between Victoria Street and Railroad Avenue, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (9) Along any railroad track crossing Orange Street between Cedar Street and Bonham Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (10) Along any railroad track crossing Franklin Street at its intersection with Railroad Avenue, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (11) Along any railroad track crossing Irving Street at its intersection with Fulton Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (12) Along any railroad track crossing Gulf Street between Long Avenue and Harrison Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (13) Along any railroad track crossing Crockett Street between Avenue C and Short Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (14) Along any railroad track crossing Crockett Street between Avenue B and Avenue C, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (15) Along any railroad track crossing Franklin Street between Archie Street and Trinity Street, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (16) Along any railroad track at any point between the west line of Gulf Street and the east line of Pine Street along or upon Long Avenue, between the hours of 7:15 a.m. and 8:15 a.m., and between the hours of 4:30 p.m. and 5:30 p.m. (17) Along any railroad track crossing Villiva Lane at its intersection with the Kansas City Southern Railroad, between the hours of 6:30 a.m. and 8:30 a.m., and between the hours of 3:30 p.m. and 5:30 p.m. (1958 Code, sec. 31-14; 1978 Code, sec. 22-21) Sec. 20.02.043 Time limit generally It shall be unlawful for any person operating or causing to be operated any railroad train within the city, and for any foreman of a switching crew, engineer or conductor of a railroad train, or other person in charge of a railroad train or car or railroad engine, to switch freight or passenger cars on any railroad in the city across any street crossing or intersection of two (2) streets within the city for a continuous period in excess of three (3) minutes without clearing such crossing for a period of three (3) minutes so as to permit vehicular traffic to clear or pass such crossing, unless such vehicular traffic clears or passes such crossing in less time than three (3) minutes, in which case switching operations may be resumed at the time such crossing is cleared of vehicular traffic; or to switch cars for any period of time during the hours and at the intersections specified in section 20.02.042. (1958 Code, sec. 31-15; 1978 Code, sec. 22-22) Sec. 20.02.044 Exceptions There is excepted from the provisions of sections 20.02.005, 20.02.006, 20.02.041 and 20.02.042 the movement of switch engines and cars necessary for the purpose of carrying freight cars to and from the different business industries located in the city, and there is also excepted from the provisions of sections 20.02.005, 20.02.006, 20.02.041 and 20.02.042 movements of trains necessary for the interchange of railroad cars from one railroad company to another, if such interchange is accomplished by a movement of such cars to the place of interchange and returned without more than one reverse movement each way. (1958 Code, sec. 31-16; 1978 Code, sec. 22-23) Secs. 20.02.045-20.02.070 Reserved Division 3. Train Approach Signals Sec. 20.02.071 Designation of dangerous crossings (a) The following crossings of public streets and thoroughfares with tracks upon which railroad trains of the Kansas City Southern Railway Company System operate are declared to be dangerous railroad crossings: (1) Main. (2) Pearl. (3) Orleans. (4) Neches. (5) Trinity. (6) Wall. (7) College. (8) Railroad at Doucette. (9) Madison. (10) Van Buren. (11) Fulton at Irving. (b) The following crossings of public streets and thoroughfares with tracks upon which railroad trains of the Missouri Pacific Lines System operate are declared to be dangerous railroad crossings: (1) Crockett Street. (2) Avenue C. (c) The following crossings of public streets and thoroughfares with tracks upon which railroad trains of the Gulf, Colorado and Santa Fe Railway Company System operate are declared to be dangerous railroad crossings: (1) Lucas. (2) Woodlawn. (3) Voth Road. (4) Delaware. (5) North. (6) McFaddin. (7) Calder. (8) Broadway. (9) Liberty. (10) Laurel. (11) Railroad. (d) The following crossings of public streets and thoroughfares with tracks upon which railroad trains of the Southern Pacific Lines System operate are declared to be dangerous railroad crossings: (1) Cypress. (2) Travis. (3) Main. (4) Pearl. (5) Orleans. (6) Park. (7) Crockett. (8) Fourth. (9) Crockett. (10) College. (11) Washington Boulevard. (12) Florida. (13) Port Arthur Road. (1958 Code, sec. 31-17; 1978 Code, sec. 22-30) Sec. 20.02.072 Duty to have signals installed and in operation (a) It shall be unlawful for any person to operate, or permit to be operated, a railroad train over any of the above-named dangerous railroad crossings in the city without having installed and in operation at such railroad-street crossings, train-approach signals to warn pedestrians and operators of vehicles using such public streets and thoroughfares of any approaching railroad train. (b) Notwithstanding the foregoing, whenever there shall be in existence at, or in proximity to, any of such dangerous crossings a vehicular traffic-control signal, any person operating or permitting another to operate a railroad train over such dangerous crossing shall be in full compliance with the requirements of this section if it shall bond the rails over which the train operates and provide the necessary actuating apparatus so as to connect said vehicular traffic-control signal to said bonded rails for the purpose of providing signal protection at said crossing upon approach of trains. (1958 Code, sec. 31-18; 1978 Code, sec. 22-31) Sec. 20.02.073 Exception during construction Notwithstanding the provisions of section 20.02.072, train-approach signals or flagmen are not required at, and section 20.02.072 shall not be applicable to, any railroad crossing during construction at such crossing under the grade-separation program of the city. (1958 Code, sec. 31-18.1; 1978 Code, sec. 22-32) Sec. 20.02.074 Type and location of signals The train-approach signals provided for in section 20.02.072 shall be of the flashing-light signal type in which indication of the approach of the train is given by two (2) horizontal red lights flashing alternately at predetermined intervals. The flashing-light train-approach signals may be controlled manually or automatically through track circuits arranged so that the flashing-light signals will operate until the rear of the train reaches or clears the crossing, and so that the signals will operate upon the approach of trains from either direction on the track for which protection is provided. One train-approach signal shall be placed on each side of the track on standards so that the lamp shall be not less than seven (7) nor more than nine (9) feet above the surface of the street. The location of the standard shall be approved by the traffic engineer of the city. (1958 Code, sec. 31-19; 1978 Code, sec. 22-33) Sec. 20.02.075 Shutoff devices; maximum time of operation At such dangerous railroad crossings, if automatic train-approach signals are installed and maintained, a feature shall be included in the track circuits that will permit the signals to be turned off when a train, which has placed such signals in operation, has come to a complete stop and remains stopped for thirty (30) seconds without having covered the crossing for which the signal is intended, or with a device by which the signal may be disconnected when the crew operating such railroad train does not intend moving the train over the crossing. When movement is again resumed in the direction of covering the crossing, the signal shall be placed in operation immediately upon commencement of such movement. It shall be unlawful for any person to permit a railroad train to remain standing at or near, but not upon, any of the above-named crossings with the train-approach signals in operation for more than thirty (30) seconds. (1958 Code, sec. 31-20; 1978 Code, sec. 22-34) Sec. 20.02.076 "Cross bucks,"where required Railroad crossing signs, commonly known as "cross bucks," shall be erected on the standard carrying the electric train-approach signals where same are provided, and, at railroad crossings where electric train-approach signals are not provided, a cross buck shall be provided on each side of such crossing at its intersection with the railroad track. (1958 Code, sec. 31-22; 1978 Code, sec. 22-35) Secs. 20.02.077-20.02.100 Reserved Division 4. Street Crossing Installation,Construction and Repair Part I. In General Sec. 20.02.101 Lighting of streets It shall be the duty of each railroad company to keep the streets over which it operates lighted at such points and at such times and with such kind of lights as the city manager may designate. (1958 Code, sec. 31-23; 1978 Code, sec. 22-40) Sec. 20.02.102 Ordering construction or reconstruction (a) When given. (1) Any railroad company occupying any paved street or portion thereof in the city shall, when ordered by the city council, raise or remove its tracks from such paved street or portion thereof and reconstruct its roadbeds upon concrete foundations according to the plans and specifications prepared by the city engineer. No railroad company shall hereafter occupy any paved street or portions thereof in the city without constructing its roadbed as provided in this division. (2) Any railroad company granted a right-of-way over, along or upon any street or portion thereof in the city, when such street is ordered paved by the city council, before the track of such railroad company shall have been laid, shall not occupy such street or portion thereof without constructing its roadbed in the manner provided for in this division. (3) Such construction or reconstruction of roadbed of any railroad company shall be under the supervision and to the satisfaction of the city engineer. (b) Failure to obey,procedure. If any railroad company shall fail or refuse to raise or remove its tracks from any streets paved, or ordered to be paved, by the city council, as provided in this division,the city council shall order the removal of the tracks and appurtenances thereto from such streets, or portions thereof, and such railroad company shall not have the right to occupy the streets or portions thereof until it shall have complied with the provisions of this division. But the city council may, at its option, have such work done under the supervision of the city engineer and charge the costs thereof to such railroad company, and recover such costs from such company by suit, in any court of competent jurisdiction. (1958 Code, secs. 31-30, 31-31; 1978 Code, secs. 22-47, 22-48) Sec. 20.02.103 Elevation of track and switches Whenever the track of any railroad crosses a street or alley in this city, the top rail shall be even with the surface of the street, for the full width of the street, and the street crossings shall be so fixed by the railroad company or its agents. The same shall be observed where they have switches on any street. (1958 Code, sec. 31-32; 1978 Code, sec. 22-49) Sec. 20.02.104 Map and profile of grades No right-of-way over any of the streets within the city shall be granted to any railroad unless a map and profile of the grades along the streets named shall accompany the application and ordinance, and it shall be the duty of the city engineer to inspect any and all such maps and profiles, and report the result of his investigation as soon thereafter as possible to the city council, and no right-of-way shall be granted until such examination shall be made and reported upon, in order to better protect the rights of property owners along the several streets; provided, however, that there shall be no costs attached to the city. (1958 Code, sec. 31-33; 1978 Code, sec. 22-50) Sec. 20.02.105 Permit to lay tracks No railroad company shall lay down additional tracks within the limit of the city without a special permit from the city council being first had and obtained. It shall be the duty of the city engineer to examine and report on such application as to the advisability of granting such special permit. (1958 Code, sec. 31-34; 1978 Code, sec. 22-51) Sec. 20.02.106 Permit to construct switches No railroad company shall construct any switch along or across any street in the city without having first received a permit from the city council. (1958 Code, sec. 31-35; 1978 Code, sec. 22-52) Secs. 20.02.107-20.02.130 Reserved Part II. Maintenance and Repair Sec. 20.02.131 Maintenance of streets in repair and unobstructed It shall be the duty of each railroad company whose lines of road are constructed, or may hereafter be constructed, within the city to keep that portion of the streets over which they operate, between their tracks and switches and for two (2) feet on the outside thereof, in good condition and repair, and to keep the same free from obstructions of every kind, which repairs shall be made and constructed under the direction and supervision of the city engineer. (1958 Code, sec. 31-24; 1978 Code, sec. 22-41) Sec. 20.02.132 Bridges, ditches, sewers and culverts It shall be the duty of each railroad company to construct and keep in repair all bridges and crossings from curbline to curbline at the intersection of streets with the line of such railroad and over all ditches, sewers and culverts, on the line of its railroad, and to fill up and grade all sinks and gullies adjacent to or on the line of its road, which work and improvements shall be done and made under the direction of the city engineer, and in such manner and of such material and at such points as may be required by him. (1958 Code, sec. 31-25; 1978 Code, sec. 22-42) Sec. 20.02.133 Drainage of streets required It shall be the duty of all railroad companies whose lines of road are now constructed or which may hereafter be constructed on or over any street or part of a street in the city, to make, construct and maintain, under the supervision of the city engineer, and in accordance with the plans and specifications to be furnished by him, all such drains, culverts, waterways and ditches and such other connections as shall be deemed necessary by the city engineer to properly drain the streets through or over which such railroad line may be constructed, and to conduct the water outside the city. (1958 Code, sec. 31-26; 1978 Code, sec. 22-43) Sec. 20.02.134 Condition of gutters and culverts Where any railroad has gutters or culverts, the same shall be so constructed or covered up and maintained as not to interfere with free passage and convenient travel along the street, and so as not to convey water into any street or lot in the city, and the railroad company, or its agents, shall see that the same are constructed accordingly. (1958 Code, sec. 31-27; 1978 Code, sec. 22-44) Sec. 20.02.135 Preparation of plans, resolution It shall be the duty of the city council, whenever in its judgment any action is necessary to enforce the provisions of sections 20.02.131 through 20.02.134, to cause to be prepared by the city engineer plans and specifications for such improvements of the character contemplated by sections 20.02.131 through 20.02.134, as it may deem necessary to be made by any person owning or operating a line of railroad within the city. Such plans and specifications, when so prepared, shall be submitted to the city council, together with a resolution declaring such improvements to be necessary, and directing that such person be notified to construct the same without delay, the same to be approved and passed by the city council. Such plans and specifications shall be filed in the office of the city clerk. (1958 Code, sec. 31-28; 1978 Code, sec. 22-45) Sec. 20.02.136 Notice to construct After such plans and specifications shall have been approved by the city council and such resolution passed, it shall be the duty of the city manager to cause to be notified such person, by written notice, to begin such improvement within ten(10) days from the service of such notice. Such notice shall be accompanied by a copy of such resolution, and shall contain a reference to the specifications, filed as aforesaid, and the same shall be authenticated by the certificate of the city clerk. In case of a corporation, such notice shall be delivered to its chief officer or agent residing in the city. (195 8 Code, sec. 31-29; 1978 Code, sec. 22-46) '* Charter references—Franchises, art. XV; exceptions for spur tracks, art. XV, sec. 4; power to regulate tracks of railroad companies,art.XV,sec. 10. ""State law reference—Obstruction of railroad crossing,V.T.C.A.,Transportation Code,sec.471.007. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, BY REPEALING ARTICLE 20.02 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, existing Article 20.02 of the Code of Ordinances be and the same is hereby repealed. Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2012. - Mayor Becky Ames - 2 November 20,2012 Consider a resolution approving a six-month contract to provide lubricants for use by various City departments RICH WITH OPPORTUNITY BEAUMON* T • R • X • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 20, 2012 REQUESTED ACTION: Council consider a resolution approving a six(6)month contract with Tri-Con Inc. of Beaumont in the approximate amount of$103,102.40 to provide lubricants. BACKGROUND Bids were solicited for a six(6)month contract to supply approximately 11,760 gallons of various lubricants at fixed costs for use by various City departments in maintaining vehicles and equipment. Specifications allow for a six(6)month extension upon expiration of the original six (6)month term at the same pricing as awarded herein. Bids were requested from nine(9)vendors with three(3)responding. The lowest bidder was Tri-Con Inc. The bid tab is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. I i RESOLUTION NO. WHEREAS, bids were solicited for a six(6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Tri-Con, Inc., of Beaumont, Texas, submitted a bid in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of$103,102.40; and, WHEREAS, City Council is of the opinion that the bid submitted by Tri-Con, Inc., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Tri-Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment for an estimated amount of$103,102.40 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Tri-Con, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2012. - Mayor Becky Ames - CITY OF BEAUMONT,BEAUMONT,TEXAS BEAUMOM_. PURCHASING DIVISION BID TABULATION T 8 ][ _ A 9 Bid Name: SIX MONTH CONTRACT FOR LUBRICANTS Bid Number: MF1013-05 Bid Opening: Thursday,November 8,2012 Contact Perso Sara Parker,Buyer III soarker(Mei.beaumont.tx.us Phone: 409-880-3757 Vendor Houston-Pasadena City 1 State Tri-Con Inc. Apache Oil Co.,LP Sun Coast Resources,Inc Phone No. Beaumont,TX Pasadena,TX Beaumont,TX David M.Oliver Bob Turner Timothv H.Jones APPROX Unit Extended Unit Extended Unit Extended QTY DESCRIPTION Price Price Price Price Price Price ENGINE OIL Engine Oil 1 SW-40 3,200 GAL (BULK DELIVERIES>250 GALLONS) $8.79 S28,128.00 $8.67 S27,744.00 $11.73 $37,536.00 1,UUU UAL En ine Oil 15w-40(55 gal drums) $8.99 $8,990.00 $9.25 $9,250.00 $12.70 $12,700.00 Phillips Fleet Supreme, MANUFACTURER AND BRAND BID: TSX HD 40 CHEVRON URSA 40W 110 GAL Engine Oil SAE 40(55 gal drums) $4.99 $548.90 $9.25 $1,017.50 $12.88 $1,416.80 MANUFACTURER AND BRAND BID: Phillips T5X HD 40 Chevron URSA 40W TRANSMISSION FLUID/HYDRAULIC OIL 1,300 QT IDexron III(quart containers) $1.51 $1,963.00 5T f3 406.00 $3.42 $4,446.00 250 GAL Dexron III(bulk deliveries>250 al) $4.34 $1,085.00 $9.27 1 $2,31730 $11.651 $2,912.50 100 GAL Decron III(55 gal drums) $5.68 $568.00 $9.82 1 $982.00 $12.781 $1,278.00 MANUFACTURER AND BRAND BID: Shell S i AFT,53 Chevron ATF MD3 100 QT I Mercon 5(quart containers) 53.30 $330.00 13.51 1 $1,351.00 $4.5 6 5456.00 MANUFACTURER AND BRAND BID: Spriax SrATFX Chevron MERCON V Multi-purpose Transmission/Hydraulic Oil 4,700 GAL (bulk deliveries>250 al) $8.79 541,313.00 $8.15 $38,305.00 $13.55 $63,685.00 Multi-purpose Transmission/Hydraulic Oil 500 GAL (55 gal drums) $8.99 $4,495.00 58.70 $4,350.00 $14.67 $7,335.00 MANUFACTURER AND BRAND BID: Conoco Power Train Chevron 1000 THE Caterpillar TO-4 Compatible Lubricants, 500 GAL SAE 10W buikdeliveries>259 allons $9.59 $4,795.00 $12.64 $6,320.00 $13.70 $6,850.00 aterpi ar TO- ompati a Lu ricants, 500 GAL SAE 50(bulk deliveries>250 allons) 59.64 $4,820.00 $11.05 $5,525.00 $15.05 $7,525.00 Caterpillar TO-4 Compati a Lu Rants, 275 GAL SAE 10W(55 al.dr ) $10.59 $2,912.25 $12.64 53,476.00 $14.83 $12.64 a erpi ar - oummpa i e Lubricants, 275 GAL ISAE 50(55 gal.drum) $11.47 1 $3,154.25 $11.561 $3,179.00 $15.051 $11.56 Chevron DELO IOw, MANUFACTURER AND BRAND BID: S irax S4CX10,54CX50 DELO SAE 50 DRUM DEPOSIT CHARGE: $0.00 $0.00 $20.00 TOTAL BID $103,102.40 $107,233.00 $1466,164.50 EXHIBIT "A"