HomeMy WebLinkAboutRES 18-022RESOLUTION NO. 18-022
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 annual Service
Agreement between the City of Beaumont and Lucite International, Inc. for potable
drinking water services. The Agreement is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
January, 2018.
��yor Becky Ames -
BEAUMONT
TEXAS
City of Beaumont
SERVICE AGREEMENT CONTRACT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
CONTRACT BETWEEN
City of Beaumont • Lucite
WHEREAS, Lucite (formerly DuPont) doing business in the State of Texas (herein "Customer"),
and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a
Contract on August 19, 2008, for City to provide potable drinking water services to Lucite;
WHEREAS, the City and Customer desire to adopt a Service Agreement for the provision of
potable drinking water services to Lucite and agree as follows:
WITNESSETH
I
Customer agrees to maintain, free of charge to the City, the water lines within its property.
H
The City shall have the right to enter on the property or premises with 24 hour prior notice for
any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The
City will abide by all Customer site safety rules and other site access rules while on Customer property.
III
Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone) backflow
prevention device at the point of service (the meter). The City will give a variance of several feet so that
the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the
Page 1 of 7
EXHIBIT "A"
requirements in City Ordinance 01-032, Section 28-57.12. The assembly must be tested upon installation
and semi-annually by a certified tester.
IV
Customer agrees to install and maintain all appropriate required backflow and backsiphonage
prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality
regulations to protect the internal customers. The internal protection of the drinking water supplied to
Customer's employees and/or customers is the responsibility of Customer. The City will provide guidance
on proper cross connection prevention.
V
Customer agrees to comply with applicable City Code of Ordinances including the following
restrictions and unacceptable practices prohibited by State regulations:
1. No direct connection between the public drinking water supply and a potential source of
contamination is permitted. Potential sources of contamination shall be isolated from the public
drinking water supply by an air -gap or a reduced pressure -zone backflow prevention device.
2. No cross -connection between the public drinking water supply and a private water system is
permitted. These potential threats to the public drinking water supply shall be eliminated at the
service connection by the installation of an air -gap or an approved backflow prevention device.
3. No connection which allows water to be returned to the public drinking water supply is permitted.
4. No pipe or pipe fitting which contains more than 0.25% lead may be used for the installation or
repair of plumbing at any connection which provides water for human use.
5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of
any water supply which provides water for human use.
Page 2 of 7
a
The Water Utilities Department will maintain a copy of this agreement as long as the
Customer and/or the premises are connected to the Water Utilities Department. Additional
requirements are listed below:
1. Customer shall have his property inspected for possible cross -connections and other potential
contamination hazards. These inspections shall be conducted by a qualified inspector
acceptable to the Water Utilities Department annually, or when there is reason to believe the
cross -connection or other potential contamination hazards exist due to changes to the private
water distribution facilities.
2. Customer shall notify the Water Utilities Department in writing of any cross -connection or other
potential contamination hazard which has been identified during the initial inspection or the
annual reinspection.
3. Customer shall immediately remove or adequately isolate any potential cross -connections or
other potential contamination hazards on his premises.
4. Customer shall, at their expense, properly install, test annually, and maintain any backflow
prevention device required by the Water Utilities Department. Copies of all testing and
maintenance records shall be provided to the Water Utilities Department by July 30 of each
year or date of annual testing schedule.
VII
Page 3 of 7
If the Customer is identified as a Public Water Supply System by the State, then all testing and
reporting requirements to the State as a Public Water Supply System will be the responsibility of the
Customer. In the event of a change in treatment or distribution such as utilizing treated water other than
the City supply, Customer agrees to promptly report to the City. This is to include any violations of
chlorine and/or coliform monitoring.
VIII
The Customer is authorized to use a maximum of 21,000 gallons per hour on a daily average or
504,000 gallons per day. The rates applied by the City can be negotiated if the demand of the Customer
changes.
O
Customer agrees to pay to the City all charges for water service within thirty (30) days from date
of the statement from the City. In the event of failure of Customer to so pay said charges, City shall have
the right, upon thirty (30) days' written notice to Customer, to refuse to provide potable water service to
Customer.
X
Customer will pay the same rate for water services as established from time -to -time by the City
Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance,
Customer agrees to pay said amended rates.
Page 4 of 7
XI
Customer agrees to:
1. Adopt a resolution or take some other official action agreeing to the terms and conditions of
this agreement;
2. Adopt a resolution or take some other official action ratifying, affirming and accepting the
benefits and agreeing to the terms, conditions and requirements of this agreement; and
3. Enter into such other or additional contracts or agreements as may be reasonably required to
carry out the purpose and intent of this agreement.
XII
This Contract shall expire on January 31" of every year or if either parry gives 30 days written
notice of intent to terminate this agreement.
XIII
Customer may, from time to time, convey or assign this Service Agreement with respect to all or
any part of the land contained within Customer's boundaries, and the assignee or assignees shall be bound
by this agreement. Upon prior approval by the City Council, of the assignee or assignees, and only upon
the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this
Service Agreement with respect to the land involved in the assignment or assignments, or as may be
otherwise approved by the City Council.
Page 5 of 7
In connection with this agreement, official addresses for notification shall be:
A. Dr. Joseph Maj dalani, Public Works Director
City of Beaumont
801 Main St, STE 200
Beaumont, Texas 77701
B. Lucite International, Inc.
Atm. Randy Wooline
6350 North Twin City Hwy.
Nederland, TX 77627
C. Lucite International, Inc.
Procurement
7275 Goodlett Farms Pkwy
Cordova, TN 38016
Any changes in said addresses may be made by notifying the other parties by certified mail of
the new or changed address.
XIV
This Service Agreement represents the entire and integrated Contract between the City of
Beaumont Water Utilities Department and Lucite and supersedes all prior negotiation, representatives, or
agreements, either oral or written. This Contract may be amended only by written instrument signed by
both the City of Beaumont's City Manager and Lucite.
IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department has lawfully caused
these presents to be executed by the hand of the City Manager of said City, and the municipal corporate
seal of said City to be hereunto affixed, and the said Customer, acting by hand of the President and/or
Manager whereunto Authorized Representative, does now sign, execute and deliver this document.
Page 6 of 7
Executed in duplicate originals at Beaumont, Texas, on this
I�
CUSTOMER
(PRINT) Authorized Representative Date
Signature of Authorized Representative
Attest:
Date
Date
Page 7 of 7
day of A.D., 2018.
CITY OF BEAUMONT /CITY MANAGER
Kyle Hayes, City Manager Date
Attest:
Date
City of Beaumont
SERVICE AGREEMENT CONTRACT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
CONTRACT BETWEEN
City of Beaumont c Lucite
WHEREAS, Lucite (formerly DuPont) doing business in the State of Texas (herein "Customer"),
and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a
Contract on August 19, 2008, for City to provide potable drip ng water services to Lucite;
WHEREAS, the City and Customer desire to adopt a Service Agreement for the provision of
potable drinking water services to Lucite and agree as follows:
WITNESSETH
Customer agrees to maintain, free of charge to the City, the water lines within its property.
W
The City shall have the right to enter on the property or premises with 24 hour prior notice for
any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The
City will abide by all Customer site safety rules and other site access rules while on Customer property.
III
Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone) backflow
prevention device at the point of service (the meter). The City will give a variance of several feet so that
the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the
Page 1 of 7
requirements in City Ordinance 01-032, Section 28-57.12. The assembly must be tested upon installation
and semi-annually by a certified tester.
Customer agrees to install and maintain all appropriate required backflow and backsiphonage
prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality
regulations to protect the internal customers. The internal protection of the drinking water supplied to
Customer's employees and/or customers is the responsibility of Customer. The City will provide guidance
on proper cross connection prevention.
V
Customer agrees to comply with applicable City Code of Ordinances including the following
restrictions and unacceptable practices prohibited by State regulations:
1. No direct connection between the public drinking water supply and a potential source of
contamination is permitted. Potential sources of contamination shall be isolated from the public
drinking water supply by an air -gap or a reduced pressure -zone backflow prevention device.
2. No cross -connection between the public drinking water supply and a private water system is
permitted. These potential threats to the public drinking water supply shall be eliminated at the
service connection by the installation of an air -gap or an approved backflow prevention device.
3. No connection which allows water to be returned to the public drinking water supply is permitted.
4. No pipe or pipe fitting which contains more than 0.25% lead may be used for the installation or
repair of plumbing at any connection which provides water for human use.
5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of
any water supply which provides water for human use.
Page 2 of 7
bw
The Water Utilities Department will maintain a copy of this agreement as long as the
Customer and/or the premises are connected to the Water Utilities Department. Additional
requirements are listed below:
Customer shall have his property inspected for possible cross -connections and other potential
contamination hazards. These inspections shall be conducted by a qualified inspector
acceptable to the Water Utilities Department annually, or when there is reason to believe the
cross -connection or other potential contamination hazards exist due to changes to the private
water distribution facilities.
2. Customer shall notify the Water Utilities Department in writing of any cross -connection or other
potential contamination hazard which has been identified during the initial inspection or the
annual reinspection.
3. Customer shall immediately remove or adequately isolate any potential cross -connections or
other potential contamination hazards on his premises.
4. Customer shall, at their expense, properly install, test annually, and maintain any backflow
prevention device required by the Water Utilities Department. Copies of all testing and
maintenance records shall be provided to the Water Utilities Department by July 30 of each
year or date of annual testing schedule.
VII
Page 3 of 7
If the Customer is identified as a Public Water Supply System by the State, then all testing and
reporting requirements to the State as a Public Water Supply System will be the responsibility of the
Customer. In the event of a change in treatment or distribution such as utilizing treated water other than
the City supply, Customer agrees to promptly report to the City. This is to include any violations of
chlorine and/or coliform monitoring.
Vlll
The Customer is authorized to use a maximum of 21,000 gallons per hour on a daily average or
504,000 gallons per day. The rates applied by the City can be negotiated if the demand of the Customer
changes.
94
Customer agrees to pay to the City all charges for water service within thirty (30) days from date
of the statement from the City. In the event of failure of Customer to so pay said charges, City shall have
the right, upon thirty '(30) days' written notice to Customer, to refuse to provide potable water service to
Customer.
M
Customer will pay the same rate for water services as established from time -to -time by the City
Council for outside the City of Beaumont. in the event said rates are altered or amended by City Ordinance,
Customer agrees to pay said amended rates.
Page 4 of 7
XI
Customer agrees to:
1. Adopt a resolution or take some other official action agreeing to the terms and conditions of
this agreement;
2. Adopt a resolution or take some other official action ratifying, affirming and accepting the
benefits and agreeing to the terms, conditions and requirements of this agreement; and
3. Enter into such other or additional contracts or agreements as may be reasonably required to
carry out the purpose and intent of this agreement.
Xil
This Contract shall expire on January 3V of every year or if either party gives 30 days written
notice of intent to terminate this agreement.
XIH
Customer may, from time to time, convey or assign this Service Agreement with respect to all or
any part of the land contained within Customer's boundaries, and the assignee or assignees shall be bound
by this agreement. Upon prior approval by the City Council, of the assignee or assignees, and only upon
the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this
Service Agreement with respect to the land involved in the assignment or assignments, or as may be
otherwise approved by the City Council.
Page 5 of 7
In connection with this agreement, official addresses for notification shall be:
A. Dr. Joseph Majdalani, Public Works Director
City of Beaumont
801 Main St, STE 200
Beaumont, Texas 77701
B. Lucite International, Inc.
Attn. Randy Wooline
6350 North Twin City Hwy,
Nederland, TX 77627
C. Lucite International, Inc.
Procurement
7275 Goodlett Farms Pkwy
Cordova, TN 38016
Any changes in said addresses may be made by notifying the other parties by certified mail of
the new or changed address.
XIV
This Service Agreement represents the entire and integrated Contract between the City of
Beaumont Water Utilities Department and Lucite and supersedes all prior negotiation, representatives, or
agreements, either oral or written. This Contract may be amended only by written instrument signed by
both the City of Beaumont's City Manager and Lucite.
IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department has lawfully caused
these presents to be executed by the hand of the City Manager of said City, and the municipal corporate
seal of said City to be hereunto affixed, and the said Customer, acting by hand of the President and/or
Manager whereunto Authorized Representative, does now sign, execute and deliver this document.
Page 6 of 7
Executed in duplicate originals at Beaumont, Texas, on this 7 day of 2018.
CUSTOMER
By; 1 �1j N\ By:
(PRINT)Authorized Representativ Date
By:
Signature of Autho ed Represe tative Date
CITY OF BEAUMONT !CITY MANAGER
L I L'- 2-ly IS
Kyle Hayes, City Manager Date
Attest: Attest in a.1�. f�
Date t�.� � � QAg� Date
Page 7 of 7
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No. Two (2)
January 23, 2018
Page 1 of I
PROJECT: City of Beaumont, Texas
Loeb Water Well Site Well No. 3 Rehabilitation
OWNER: City of Beaumont; Texas
801 Main Street
Beaumont, Texas 77704
CONTRACTOR: Layne Christensen
5931 Brittmoore Rd.
Houston, Texas 77041
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change: The following changes are to reconcile the account before final payment. The Contract included two
alternate items that were not used. The Contract also had an allowance that was not used and an additional transportation of the
pump assembly that was not used.
ORIGINAL CONTRACT AMOUNT:
$
255,165.00
CHANGE ORDER No.I
$
(130)
THIS CHANGE ORDER
Descripdion;,
Unit Pricc OuantiN
Net Change
DELETE
item Pump/Column Pipe/Line ShafffubingAssembly Transport.
$I,000.00/LS
1.00 $
(1,000.00)
Item 23 Miscellaneous Well Rehabilitation
$20,000.00/ALLOW
1.00 $
(20,000.00)
Item24 Sonar letting
$13,260.00/LS
1.00 $
(13,260.00)
Item 25 Alternate Well Pump Bowl Assembly
$24,940.00/LS
1.00 $
(24.940.00)
TOTAL AMOUNT OF THIS CHANGE ORDER:
$
(59,200.00)
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER:
$
195,963.70
CONTRACTTIME
Original Contract Time: 120
Calendar Days
Previous Change Orders: 39
Additional Time Requested: 0
Calendar Days
Revised Contract Time per Change Orders: 159
Calendar Days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under
the Contract arising directly or indirectly from tivs Change Order and all previous Change Orders. Acceptance of this waiver
constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon
adjustment to the Contract, and that Contractor wtIl waive all rights to file a claim on this Change Order after it is properly
executed.'
Recommended by: Approved by: L I
-les-e-1,24a Y I
ty of B umont City of Beaumont
Public orks Director Owner
Date: 1131,116 Date: 2-
3 CI-04[) p%W IV-Wl:hmSe —2We@
Accepted by:
Lay nste n
Contractor
Date: V2 3�C�