HomeMy WebLinkAboutRES 10-306 RESOLUTION NO.10-306
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an agreement
with Motiva Enterprises, LLC, for the installation and rental of a traffic signal at 9404 West
Port Arthur Road.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
December, 2010.
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MOTIVA
Motiva Crude Expansion Project ENTERPRISES LLC
BARE RENTAL AGREEMENT
Bechtel-Jacobs CEP Port Arthur,Joint Venture AGREEMENT NUMBER:
Acting as Agent for Motiva Enterprises LLC 25282-583-FBR-UC11-00420 Rev. 0
Mail/ City Address
4440 Twin AWARD DATE:November 11,2010
Twin City Highway
Groves,TX 77619 ISSUE DATE:
(Not for billing-Refer Section 10 for Billing Address)
Requisition No.:25282-583-FMR-UC11-00420 Rev. 0
Lessor: BEAUMONT,CITY OF Attention: Patrick Donart
BEAUMONT CITY OF Telephone: 409-880-3725
Address 801 MAIN ST Facsimile: 409-880-3732
BEAUMONT,TX-77701
United States
THIS BARE RENTAL AGREEMENT("Agreement"),effective on November 11,2010,is made by and between the City of Beaumont
("Lessor")and Motive Enterprises L.L.C.("Lessee")by and through its Agent,Bechtel-Jacobs CEP Port Arthur Joint Venture.
In consideration of the promises and mutual covenants contained herein,the parties hereto agree as follows:
1. DEFINITIONS:
"Lessor"shall mean BEAUMONT,CITY OF.
"Lessee"shall mean Motiva Enterprises, L.L.C.
"Agent"shall mean the Bechtel-Jacobs CEP Port Arthur Joint Venture acting as agent for Lessee.
"Jobsite"shall mean Lessee's Park and Ride facility at Beaumont Terminal located on
9404 West Port Arthur Road, Beaumont,TX 77705
"Equipment"shall mean all the items set forth in the table in Article 4 of this Agreement.
"Rental Period"shall mean 18 months from the effective date of this Agreement.
"Rental Renewal Period"shall mean the period of time this Agreement is extended beyond the 18-month Rental
Period.
2. AGREEMENT: Lessor agrees to rent the construction equipment listed in Article 4 below to Lessee on a bare rental basis in
accordance with the terms of this Agreement and the following Exhibits which are incorporated herein as part of this Agreement:
Exhibit"A"-General Terms and Conditions
Exhibit"B"-Special Terms and Conditions
Section"8"-Invoicing Instructions
3. EQUIPMENT DESCRIPTION AND CHARGES: As full consideration for the rental of the applicable units of Equipment, Lessee
will pay to Lessor the following amounts for the applicable Rental Period,which amounts are deemed to include all fees for taxes
(except Sales and Use Taxes), licenses, permits, maintenance, repairs, and any other costs relating to the Equipment and
services being provided by Lessor under this Agreement.
AGREEMENT NO: 25282-583-FBR-UC11-00420 Rev. 0 Page 1 of 4
Bechft-k saob�s CEP Part Arfiw,Joint l0entunr
Aoft as Agent for k*)dvn Enterprises UC BARE RENTAL AGREEMENT
IbMp ontNy F
....ixe4urift.......
�' Unit - Period Rental Price ;>:P T� Fa'.
................
Fees
I I EA CABINET AND CONTROLLER RENTAL is L40 150.00 -0- 2,700-00
Cost Code:58300.55.2320.00
2 1 EA SIGNAL HEAD WITH LEEYS 18 MO 325.00 -0- 5,850.00
Cost Code:58300.552=.00 1
3 1,450 LF 3116•SPAN WIRE 1.25 1.812.50
Cost Code:58300,55.2320.00
4 1,460 LF 61161 SPEN WIRE 1.25 1,812.50
Cast Code:58300.65.2320.00
5 1,400 LF 4/C IMSA SIGNAL CONDUCTOR .45 630.00
Cost Code:68300-562=.00
6 600 LF 7/C IMSA SIGNAL CONDUCTOR .75 460-00
Cost Cods:58300.55.2320.00
7 2 EA VIVDS SYSTEM 15,000.00 30,000.00
Coat Code:58300.55.2320.00
8 26 EA SIGNAL MOUNTING HARDWARE 100.00 2.600-00
Cost Code:68300.55.2320.00
9 300 EA SIGNAL TECH (CONSTRUCTION AND REMOVAL 29.62 8,886.00
FEES BASED ON A 6 MAN CREW WORKING
OVERTIME AND BENEFITS)
Cost Code:58300.55.2320.00
10 1 EA SIGNAL MAINTENACE FEE(BASED ON$1,800 PER 18 MO 300.00 -0- 5,400.00
YEAR PER SIGNAL)
Coat Code.68300.56.2320.00
11 1 EA BUCKET TRUCK(CONSTRUCTION AND REMOVAL 190 HR 30.00 5,700.00
FEES BASED ON A 6 MAN CREW WORKING
OVERTIME AND BENEFITS)
Cost Code:58300.552=.00
12 1 LS SIGNS AND MARKING 750.00 750.00
Cost Code:58300.55.2320.OD
13 1 EA ELECTRIC FEE(BASED ON$10 PER SIGNAL PER 18 L40 20.00 -0- 360.00
MONTH)
Cost Code:58300.552320.00
Total Value
US Dollar
The total charge(All Units)for the Rental Period shall be$68,961.00 and shall be payable by Lessee within five(5)business days of
the execution of this Agreement by the Parties.
Upon rerw**oJ of the Agreement Lessee shall pay a monthly fee during the Rental Renewal Period In the amount of$795.00 per
month until such time Lessee terminates this Agreement wi*A monthly fee shall be deemed inclusive of all fees for taxes(except
Sales and Use Taxes),licenses,permits,maintenance,repairs,and any other costs relating to the Equipment and services being
provided by Lessor under this Agreement.
5.Rental Period and Renewal: The term of this Bare Rental Agreement shall be for a period of eighteen(18)months,
commencing on the 11 day of November 2010 and ending on the 11 day of May 2012("the Rental Period,).
Lessee shall have the right, but not the obligation,to extend the Term of this Agreement on a month to month basis
commencing at the expiration of the eighteenth(1 e) month of the Rental Period(`the Rental Renewal Period"). To
exercise such option to extend the Agreement,Losses must notify Lessor in writing of Lessee's Intent to exercise
AGREEMENT NO: 25=-663+BR-UC11-00420 Rev. 0 Pop 2;14
Bechtel-Jacobs CEP Port Arthur,Joint Venture
Acting as Agent for Motiva Enterprises LLC BARE RENTAL AGREEMENT
such option at least thirty(30)days prior to the end of the Rental Period. The Rental Renewal Period shall continue
on a month-to-month basis until such time that Lessee terminates the Agreement upon thirty(30)days advance
written notice. All other terms and conditions of this Agreement shall be applicable to the Rental Renewal Period.
7. INSTALLATION OF EQUIPMENT: Lessor will complete installation of the equipment at the address below within 30 days after
Lessee's payment of the charges for the Rental Period as set forth in Article 4 of this Agreement.
Bechtel Jacobs JV CEP Project
Motiva CEP Logistics Control Center
9404 West Port Arthur Road
Beaumont,TX 77705
8. NOTICES:
Unless otherwise notified in writing by the other party, all notices to be sent by the parties in connection with this
Agreement shall be sent to the addresses below.
LESSEE: LESSOR:
Bechtel-Jacobs CEP JV,as Agent for Lessee City of Beaumont
2555 Savannah Ave. 801 Main Street
Port Arthur,TX 77640 Beaumont,TX-77701
Attention: Roy W ileman Attention: Patrick Donart
9. TERM OF THE AGREEMENT: This rental agreement will terminate at Close of Business on 11/May/2012 unless Lessee or
Agent extends or shortens this termination date for its convenience. Lessee may terminate this Agreement at any time at its
convenience upon thirty(30)days advance written notice. All liability for rent or other charges with respect to each unit shall cease
immediately upon termination of this Agreement; provided however that Lessee shall not be entitled to any refunds for monies paid
prior to the termination of this Agreement.
10. INVOICES: Lessor shall invoice Lessee one time for the Rental Payment of$66,951.00 with net 1 terms before commencing
the installation and shall submit such invoice to the address in Article 8 above to the attention of Project Controller. Refer to the
attached INVOICING INSTRUCTIONS.
11. MONETARY LIMIT: The total value of this Agreement for the Rental Period in effect SHALL NOT EXCEED $66,951. unless
revised through written amendment.
12. CHOICE OF LAW: This Agreement shall have been deemed to have been made in the State of Texas and all matters
pertaining to the validity, interpretation and performance shall be determined in accordance with the laws of the State of Texas,
without any reference to any principles of conflicts of law. Venue and jurisdiction for all disputes shall be in State or Federal Court
having competent subject matter jurisdiction over the applicable dispute located in Jefferson County,Texas and none other.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement or caused it to be executed in their names and on their
behalf by their respective representatives thereunto duly authorized.
LESSEE'S AUTHORIZED REPRESENTATIVE LESSOR
By- Bechtel-Jacobs CEP Port Arthur,Joint Venture,as
Agent for Lessee Signature:
• Print Name:
Signature:
By: —Bonnie Broussard Title:City Attorn C�
Signature: Signature:
'ttney Lan
Title: Purchasing Specialist Print Name: Ku lo_ 14ayQ�q
Telephone: (409)989-5076 1 IM
Fax: (240)379-2209 Title: 1 T / r t U11.G q&.r
Email: blland!y®bechtel.com Date: Z- y- ID
AGREEMENT NO: 25282-583-FBR-UC11-00420 Rev. 0 Page 3 of 4
EXHIBIT B-SPECIAL CONDITIONS
Bechtokiscobs CEP Port Arthur,Joint Venture
Acting as Agent forMotiva Enterprises LLC BARE RENTAL AGREEMENT
1. Lessor will be responsible for all repairs,including the supply and installation of all parts,and damage to the Equipment(including
those due to normal wear and tear)that are present prior to the rental period or are not caused by the fault or negligence of
Lessee or Agent. In the event of pole(s)damage the Lessee shall supply replacement pole(s);all other costs of ngxft shall be
bome by Lessor.
2. Lessee or Agent will promptly notify Lessor If any Equipment becomes inoperative or unsafe, and Lessor shall promptly
commerce repair of such Equipment and implement all safety measures required until such repairs are completed.
3. Lessor shall comply with all applicable governmental laws,ordinances,rules or regulations,including those relating to safely.
4. This agreement and any attachment hereto shall not be assigned by either party without written mutual agreement.
5. Lessor represents and agrees that, when delivered to Lessee, the Equipment will in all respects comply with the applicable
Standards promulgated under the Occupational Safety and Health Act of 1970, and applicable State rules, and the MUTCD„
regulations and standards. Copies of all reports and other documents relating to inspection of the Equipment which are required
by such standards shall accompany the Equipment. Any thorough annual inspection by a competent person which is required
during the term when this Agreement is in effect shall be for the expense of the Lessor. Any daily or monthly inspecstions shalt be
performed by and at the expense of Lessor.
6. This Agreement and any attachment heroic constitute the entire agreement between the parties relating to the subject matter
hereof and supersedes any previous agreements or understandings.
SC-11 RECORDS AND AUDIT(DELETED INTENTIONALLY)
SC-2 PUBLICITY AND ADVERTISING (DELETED INTENTIONALLY)
SC-3 JOSSITE REQUIREMENTS(NO ACCESS TO LESSEE PROPERTY IS NEEDED)(DELETED INTENTIONALLY)
SC-4 INDEMNITY
4.1 Except as othsrwiss specified hereto,n lthsr Party shall in any circumstances whatsoever be liable to the other Party
(whether in contract,tort or othstwlse)with respect to the performance or norm.-performance of this Agreement for any
loss of profit,lose of revenue,loss of use,loss of business,loss of goodwill,loss of product,operating costs,plant
downtime, financing and Interests costs, business interruption, or any Indirect, special or consequential cost,
expense,loss or damage,ewer if the same arlses wholly or partly through the negligence of such Party. All rehasss,
waivers, limitations and indsmniths between Lessor and Lessee shall also apply to their respective parents,
affiliates,subsidiaries,as well as their directors,officers,and employees.
SC 5 WAIVER
No express or implied waiver by Lessee or Lessor of any default hereunder shall be in any way construed to be a
waiver of any future or subsequent default of Lessor and Lessee, or a waiver of any of the rights of the parties
under the terms of the Lease
AGREEMENT NO: 25282-583-iBR-UC11-00420 Rev. 0 Page 4 of 4
mo9rmivA
A BECHTEL JACOBS JOINT VENTURE aft'r@CIPAlarle LLC
SECTION 8B-INVOICING INSTRUCTIONS
Bed"—Jacobs CEP Port Arthur Joint Venture
Motive Crude Expansion Project
1.0 REGISTRATION AND PAYMENT
1.1 If SELLER is not already registered for payment of Invoices it Is mandatory by US Law that SELLER
completes the attached Form W-9 and retum it to BUYER at the'MAIL TO'address shown at 2.4 below.
Failure to return the W-9 form in a timely manner will result in delayed payments.SELLER can also
access the W-9 Form at httc:l/www.irs.aov/pub&1-n4fHw9.p�f
1.2 To ensure limey payment for PRODUCTS provided,SELLER is encouraged to partldpale In
BUYER'S Electronic Funds Transfer(EFT)process. See attached EFT Authorization Form.
2.0 INVOICE PREPARATION
To facli tats speediest possible payment,SELLER Is also encouraged to follow the Instructions below.Any deviation In these
requirements could result in payment delays.
2.1(a)Invoices must show freighht,taxes`,and dudes as separate items.
*Note:Please see item(2.8)below for further Instructions on Sales and Use Taxes
2.1(b)Invoices must show PO Urn Item Numbers,Unit Prices and Descriptions exactly as they appear on the
Purchase Order to avoid payment delays.
22 N Purchase is FOB Carrier SELLER'S plats then prepay transportation charges,add to invoice,and attach
receipted freight bill.
2.3 Invokes must be made out to:
Bechtel-Jacobs CEP Port Arthur,Joint Venture
As Agent for Motive Enterprises U_C
PO Number:25282-583-FBR-UC11-00420 Rev. 0
The PO Number shown on SELLER's Invoices must be exactly in the format as shown above,to avoid payment
delays.
MOTIVA CEP SECTION 8—INVOICING INSTRUCTIONS,Rev t—Oxsober 2006
O 2006 Bechtel Corporation. AM Rights Reeerved.
Licensed for use by Bechtel for Motive CEP
Page 1 of 3
2.4 One(1)copy of your invoice and the original signed Bill of Laft must be sent to the'MAIL TO'address below
—deviations to this address may result in payment delays:
MAIL TO: A SECOND COPY MUST BE MAILED TO:
Bechtel-Jacobs CEP Port Arthur,Joint Venture Bechtel Jacobs JV CEP Project
As Agent for Motive Enterprises LLC Motive CEP Logistic Control Center
CIO Bechtel Corporation 4440 Twin City Hwy
P.O.Box 2166 Groves,TX 77619
Houston,TX 77252-2166
Attention: Project Controller Attention:Purchasing Imroice Clerk
Motive Crude Expansion Project
Project No.25282
PHYSICAL ADDRESS: PHYSICAL ADRESS:
Bechtel-Jacobs CEP Port Artlwr,Joint Venture Bechtel Jacobs JV CEP Project
As Agent for Motive Enterprises LLC Motive CEP Logistic Control Center
C/O Bechtel Corporation 4440 Twin City Hwy
3000 Post Oak Boulevard Groves,TX 77619
Houston,TX 770564503
2.5 AD discount periods will be calculated from the time that complete,accurate imrokas are received by BUYER or
upon receipt of the PRODUCTS,whichever is later.Invoices shall be paid within the payment period specified in the
PO and this period shall start from the data of receipt of the corrected Invoice(Not the date of the invoke),or receipt
of PRODUCTS,whichever is latest.
Should any Invoices not be correct and require resubmittal,the resubmitted Invoice must have a different invoice
Number than the originally submitted document.Any oorredions/changes to Invoices of any kind,MUST be made
by SELLER.
Should inoorrect Invoices need to be resubmitted.the payment period specified In the PO shall start from the date of
receipt of the corrected Invoice(Not the date of the Invoice),or receipt of PRODUCTS,whichever is last.
2.6 Payment of Invoices wig be by Bechtel Jacobs CEP Port Arthur Joint Venture as Agent for Motiva Enterprises
LLC,C/O Bechtel Corporation at Glendale,Arizona. BUYER may at any time require SELLER to execute waiver
or release of all claims In connection with or in any way related to the performance of this Purchase Order as a
condition to find payment.
2.7 The Motiva Crude Expansion Project is located in Port Arthur,Texas.
2.8 Sales and Use Tax Information
Texas:
a. Permanent plant material and equipment(PRODUCTS)should not be taxed,as the purchases mace
by Bedmtet.tacoba CEP Port Arthur Joint Verdure as Agent for Motiva Enterprises LLC are covered by
a State of Texas Direct Payment Exemption Csrtitkate Limited Sales,Excise and Use Tax.
b. Morria Enterprises LLC holds Direct Payment Authorization Number 1-76-0262490-4
e. As Agent for Motive Enterprises LLC,Bedhteklecobs CEP Port Artiwr Joint Venture,will provide
Motive Enterprises LLC,the necessary Infonrastion to aomm and pay the tax to the Texas Comptroller
of Public Accounts as required by statute.
Page 2 of 3
l
ATTACHMENT TO SECTION 8B INVOICING INSTRUCTIONS
Electronic Funds Transfer Authorization Form
This form is used to authorize Bechtel/Jacobs to transfer payments electronically to its vendor/supplier's financial institution
and to identify how remittance iMairiation win be
Instructions:
1. Please complete VENDOR/SUPPUER INFORMATION portion of the form and obtain appropriate authorization from your financial officer.
Address indicated below will be used by Bechtel as the official veDdor/supplier remittance address in the future.Any changes to the remittance addp
require notification to Bechtel's EFT Coordinator 30 days in advance,at the address shown below.
2. Forward the form to your financial instiwtiori,attention EFT Department,specifying the bank account to which funds are to be credited
3. Your financial institution completes the FINANCIAL INSTITUTION INFORMATION portion of the form and returns the complete form with a
cover letter to:
Attention:Accounts Payable Supervisor
Motiva CEP—Job 25282
P.O Box 2166
Houston,TX 77252-2166
4. It is the responsibility of the vendor/supplier to c oordriate with their financial institution how and when remittance information
will be provided. Without the correct benkin$account numbers including the ACH code,payment will be subject to rejection and result in
unnecessary delays.
If additional information is required from Bechtel,please contact the AP Supervisor(phone 713-235-2719).
NAME:
ADDRESS:
COY,STATE.ZIP CODE:
TREASURY CONTACT: TELEPHONE NUMBER:
AUTHORIZATION SIGNATURE: DOES THIR INFORMATION APPLY TO ALL YOUR BRANCH
LOCATIONS? (Circa one)
YE$ BRANCH ONLY SMIGLE LOCATION
NAME:
ADDRESS:
CITY,STATE.ZIP CODE.
ACCOUNT NUMBER: TELEPHONE NUMBER:
ACCOUNT TITLE: NINE-DIGIT ROUTING TRANSIT NUMBER:
ACH Format Accepted By Your Bank?
13 CTX 13 CCD
Remittance Info.Accepted?L7 Yes LI No
BANK EFT COORDINATORS NAME: EFT COORO►NATOR DATE.-
SIGNATURE:
BECHTEL/JACOBS INTERNAL USE ONLY VENDOR NUMBER:
Page 3 of 3