HomeMy WebLinkAboutPACKET OCT 30 2018REAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 30, 2018 1:30 PM
CONSENT AGENDA
* Approval of minutes — October 23, 2018
Confirmation of board and commission member appointments
Theresa Goodness, a member of the Jefferson County Historical Commission, would fill the
unexpired term of Jessie Davis on the Historic Landmark Commission. The term will commence
October 30, 2018 and expire September 30, 2019. (Mayor Becky Ames)
A) Authorize the City Manager to execute an agreement with Conterra Networks for the
placement of fiber optic cable in public right-of-way
B) Authorize the acceptance of an Exclusive Water Meter Easement located at 620 Marina
Drive
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Theresa Goodness is appointed to the Historic Landmark Commission to fill the
unexpired term of Jessie Davis. The term will commence October 30, 2018 and expire
September 30, 2019.
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
October, 2018.
}
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: October 30, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an agreement with Conterra Networks for the placement of
fiber optic cable in public right-of-way.
BACKGROUND
Conterra Networks is requesting to route 1964 feet of fiber optic cable across the public
right-of-ways of Neches Street, Fannin Street, Crockett Street and Bowie Street. The fiber optic
cable will run service from an existing location at 390 Neches Street to an existing building located
at 555 Fannin Street.
FUNDING SOURCE
Conterra Networks will pay the City of Beaumont an initial application fee of $500.00 and an
annual fee of $3,437.00 ($1.75 per linear foot).
RECOMMENDATION
Approval of resolution.
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 execute a Public Right -of -
Way Use Agreement with Conterra Networks, of Mansura, Louisiana, for the placement
of 1964 linear feet of fiber optic cable in the public right-of-way on Neches Street,
Fannin Street, Crockett Street and Bowie Street for an initial application fee of $500, an
inspection fee of $500 and an annual fee of $1.75 per linear foot. 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
October, 2018.
- Mayor Becky Ames -
DocuSign Envelope ID: EC813D56-F8BC-4939-AD89-12D228F8A5AA
PUBLIC RIGHT-OF-WAY USE AUREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Conterra Networks desires to use certain public right-of-way within the City
of Beaumont for the purposes set forth below; and,
WHEREAS, it is the position of the City of Beaumont that Conterra Networks must
obtain a license in order to use the public right-of-way; and,
WHEREAS, the City Council of the City of Beaumont has determined that it is
appropriate
to make the following agreement with Conterra Networks; and,
NOW, THEREFORE;
The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of
good and valuable consideration, as set 'out more fully herein, hereby agrees with Conterra
Networks that Conterra Networks may lay, maintain, operate, replace or remove a fiber optic
communication system (the "system") for the transportation of communications in, on, under or
across the streets, alleyways and easements set forth in Exhibit "A" and situated in the City of
Beaumont, Jefferson County, Texas, as more specifically set out herein and subject to the
following conditions:
(a) The system shall be installed in such' a manner as has been approved by
the City Engineer and/or the Texas Department of Transportation, if
applicable, so that the finished installation shall, in no way, interfere with
the use of the public streets and alleys by the public. Permits shall be
obtained by Conterra Networks or Conterra Networks contractor from the
Public . Works Department of the City prior to any installation,
maintenance or removal requiring excavation. _
1
EXHIBIT "A"
DocuSign Envelope ID: EC813D56-F8BC-4939-AD89-12D228F8A5AA
(b) The system shall be buried at a depth of no less than thirty (30) inches
unless otherwise authorized by the City Engineer and/or the Texas
Department of Transportation, if applicable. The system is to be installed
a minimum of thirty-six inches (36') below the existing flow line of the
adjacent drainage ditch, when crossing or placed in said ditch. Conterra
Networks will notify the Public Works Department of the City of
Beaumont prior to installation of the system under this agreement, and
shall obtain City permits at a cost not to exceed a one-time charge of Ten
Dollars ($10) plus Five Dollars ($5) for each day of construction..
(c) The installation and operation of the system shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, water lines, or other facilities.
(d) The system shall be installed in such a manner as to provide a twelve (12)
inch vertical clearance and a thirty-six (36) inch horizontal clearance with
existing water or sanitary sewer lines.
All excavations within the right-of-way shall be backfilled in accordance
with City Standards. AU surplus material shall be removed from the right-
of-way.
(1) Excavations necessary for the installation, repair or maintenance of the
system shall be performed in such a manner as will cause the least
inconvenience to the public and Conterra Networks shall promptly restore
to as good a condition as before and to the reasonable satisfaction of the
City Engineer and/or the Texas Department of Transportation, all streets,
alleys, or easements, excavated by it.
(g) The system will be installed in accordance with the drawings approved by
the City and to the specifications which set out the specific location, depth,
method of construction, etc., of the installation.
(h) Construction along roadways shall be performed in such a manner that
excavated materials shall create the minimum hazard and obstruction. All
property where operations are performed will be restored to original
condition or better. The cost of any repairs to road surface, roadbed,
structures or other right-of-way features as a result of this installation will
be borne by the owner of the system.
(i) Any installation which takes place in, on, under, above, or across property
which is not owned by the City or not a City easement or right-of-way
2
DocuSign Envelope ID: EC813D56-F8BC-4939-AD89-12D228F8A5AA
shall require additional permission by the owner(s) of the property
involved. Approval of this license agreement excludes permission to do
any installation on property which is not owned by the City of Beaumont.
(j) Barricades, warning signs, lights, and flagmen will be provided and
installed in accordance with the Texas Manual of Uniform Traffic Control
Devices (current edition) by Conterra Networks contractor when, in the
opinion of the City Engineers, such is necessary for the safe installation of
the system. Conterra Networks or its contractor will provide supervision
of the work which is knowledgeable in the standards referred to above.
Nothing herein is to be construed as prohibiting the use by Conterra
Networks or its contractor of additional barricades, warning signs and
lights or flagmen as be necessary. In the event CdnterraNetworks or its
contractor does not comply with the barricading standards, the City
Engineer may order Conterra Networks and its contractor to stop work;
but only until compliance is achieved.
(k) City reserves the right to lay and to permit to be laid sewer, gas, water and
other pipes and cables, and to do or permit to be done any municipal
underground work that may be deemed to be necessary or proper by City
in, across, along, or under any of the streets, alleys and easements, and to
change any curb or sidewalk or the grade of any of said streets. In doing
f or permitting any such work, the City of Beaumont shall not be liable to
Conterra Networks for any damage occasioned; it being understood that
nothing herein shall be construed as foreclosing Conterra Networks rights
to recover damages against any contractor or third party who may be
responsible for damages to Conterra Networks facilities.
(1) If the City requires Conterra Networks to remove, alter, change, adapt, or
conform its facilities because of changes in the grade of a street or in the
location or manner of constructing a water pipe, sewer pipe, or other
underground or aboveground structure owned by the City, on alternative
right-of-way provided by the City, Conterra Networks shall make the
alterations or changes as soon as practicable when ordered in writing by
the City, without claim for reimbursement or damages against the City at
no additional charge to Conterra Networks. If these requirements impose
a financial hardship on Conterra Networks, Conterra Networks shall have
the right to present alternative proposals for the City's consideration. If
the City requires Conterra Networks to remove, alter, change, adapt or
conform its facilities to enable any other corporation or person, except the
City, to use, or to use with greater convenience, any public right-of-way,
Conterra Networks shall not be required to make any such changes until
such other corporation or person shall have undertaken, with solvent bond,
to reimburse Conterra Networks for any loss and expense which will be
caused by or arise out of such removal, alteration, change, adaptation or
DocuSign Envelope ID: EC813D56-F8BC-4939-AD89-12D228F8A5AA
conformance of Conterra Networks facilities; provided, however, the City
shall never be liable for such reimbursements.
(m) Conterra Networks shall indemnify, save and hold harmless the City of
Beaumont from any and all claims for injuries and damages to persons or
property occasioned by or arising out of the installation, maintenance,
operation, repair or removal of the system by Conterra Networks, except
to the extent arising from the sole negligence, or wanton conduct or gross
negligence of the City of Beaumont, its employees or agents. Neither
party shall be liable to the other for any consequential, special, or indirect
damage hereunder.
(n) 7f the system or any part thereof installed by Conterra Networks shall be in
any respect damaged or injured by the City or any public entity in
connection with any construction or maintenance of any public facility,
Conterra Networks shall not be entitled to prosecute or maintain a claim
against the City or such public agency unless such damage is occasioned
by the City or such public agencies wanton conduct or gross negligence.
However, nothing contained in this paragraph shall prevent Conterra .
Networks from prosecuting or maintaining a claim against a private
contractor employed by the City or such entity.
(o) Recovery by Conterra Networks for damages that occur to Conterra
Networks facilities, as a result of an adjoining residential homeowner's
attempt to construct improvements to his frontage shall be limited to
actual damages only and no loss of revenue as damages. Any additional
cost shall be borne by Conterra Networks.
(p) The system shall be maintained and operated in such a manner as to cause
no damage to public facilities. Damage to public facilities occasioned by
such maintenance and operation shall be at Conterra Networks expense.
Such damages shall be limited to actual damages and no loss of revenue
damages.
(q) Conterra Networks contractors shall furnish the City with a certificate of
insurance issued by an insurer acceptable to the City showing that the
permittee has in force, and will maintain in force during the construction
of the system, liability insurance of not less than $1,000,000 for any one
accident and property damage insurance of not less than $1,000,000, or to
applicable City insurance requirements, at the time of such construction.
Such insurance shall be maintained in force during the life of -the project
and no modifications or change of insurance coverage and provisions shall
be made without ten (10) days written advance notice to the City.
4
DocuSign Envelope ID: EC813D56-F8BC-4939-AD89-12D228F8A5AA
(r) Conterra Networks shall make payment to the City of Beaumont as
follows:
• initial agreement fee of $500, payable upon execution of
this agreement;
• annual fee of $1.75 per linear foot in the City right-of-way
which sums shall be upon execution of agreement and each
year thereafter. Said parties shall confer and negotiate in
good faith on a new rate on or before January 1, 2019, to
become effective January 1, 2019, and shall confer and
negotiate on a new rate in the 2020 and every ten (10) years
thereafter.
• inspection, engineering and other costs during the period of
initial construction in the amount of $500.00, payable upon
receipt of invoice.
(s) Actual expenses of inspection incurred by the City in connection with
maintenance of the system by Conterra Networks (except as provided in
Paragraph k) shall be reimbursed to the City by Conterra Networks upon
written request therefore, which shall include evidence of such costs.
(t) Conterra Networks agrees that it shall mark the Iocation of its system
within forty-eight (48) hours after receipt of notification of proposed
construction. Conterra Networks maintains a toll-free telephone number
to be called for location of the system. Should Conterra Networks fail to
locate the system for the City within forty-eight (48) hours of request duly
acknowledged, Conterra Networks shall pay a late charge of Five Hundred
Dollars ($500) per day. In the event of a dispute concerning notice,
Conterra Networks audio tape of telephone messages shall provide proof
of notification, which tapes will be made available upon request.
Alternatively, notice may be shown by delivery of a certified letter to
Conterra Networks.
(u) Conterra Networks, at no cost to the City, shall keep in the City and make
available upon request, complete "as built" drawings clearly showing
locations and depth of all facilities. Such drawings shall be provided to'
the City within sixty (60) days after completion of the project.
(v) This agreement may not be assigned by Conterra Networks to any other
company or legal entity without the prior written approval by the City of
Beaumont's Public Works Direct or, except that Conterra Networks may
assign its rights and obligations under this agreement to Caliber Solution's
parent, subsidiary, affiliate or successor entity without such consent, so
long as the parent, subsidiary, affiliate or successor (1) assumes all
5
DocuSign Envelope ID: EC813D56-FSBC-4939-AD89-12D228F8A5AA
obligations of Conterra Networks under this agreement; and (2) is bound
to the same extent as Conterra Networks, and (3) the City is -notified of the
assignment within sixty (60) days and is furnished a written document
within which the assignee assumes all obligations under this license.
(w) Should any other company or legal entity, other than Conterra Networks
or Caliber Solution's parent, subsidiary, affiliate or successor as
authorized in section (v), use the system installed under this agreement
under the rights granted herein without notification of the City of
Beaumont's Public. Works Director, such use shall be a violation of this
agreement and Conterra Networks will cease all use of the system and the
City may take steps necessary to enforce a cancellation of this agreement,
including removal of some portion or all of the system upon thirty (30)
days written notice to Conterra Networks.
The City shall give Conterra Networks written notice of any violation of this agreement.
if Conterra Networks fails to correct such violation within. sixty (60) days of such notice, this
agreement shall be immediately terminated upon said sixtieth day. Any notice to be given
hereunder by either party to the other may be effected either by personal delivery in writing or by
registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be .
addressed to the addresses of the parties as follows:
City of Beaumont
Public Works Department
PO Box 3827
Beaumont, Texas 77704
(409) 880-3725
Conterra Networks
Engineering Department
2028 Highway 115
Mansura, LA 71350
(318) 657-1072
DocuSign Envelope ID: EC813D56-F88C-4939-AD89-12D228F8A5AA
NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW:
The above -stated addresses may be changed to such addresses as the parties may from
time to time designate by written notice. Commencement of work on the fiber optic system by
Conterra Networks after the date of this agreement shall be construed as evidence of Conterra
Networks acceptance and approval of the conditions above set forth.
This agreement shall be governed by and construed in accordance with the laws of the
State of Texas.
This agreement embodies the entire agreement between the parties hereto and supersedes
all prior agreements and understandings, if any, relating to the matters addressed herein. This
agreement may be amended or supplemented only by a written instrument executed by both
parties.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this
ATTEST:
City Clerk
ATTEST:
P
day of 2018.
7
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
CONTERRA NETWORKS
Docuftned by:
By
5htan�-`i"�'�.y
DocuSign Envelope ID: EC813D56-F8BC-4939-AD89-12D228F8A5AA
Conterra Networks
Fiber Optic Installation
1964 Total Linear Feet
Fiber optic cable install from 390 Neches Street to 555
Fannin Street (1964 linear feet)
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BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: October 30, 2018
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of an
Exclusive Water Meter Easement.
BACKGROUND
Starship Conroe, LP has agreed to convey an exclusive Water Meter Easement to the City of
Beaumont. The easement is described as being a 0.0022 acre of land situated in the James Drake
_ a Survey, Abstract No. 18, Jefferson County, Texas. The water meter easement is for a water line
and fire hydrant to serve the new development of a marina and RV park located at 620 Marina
Drive.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
„'i RESOLUTION NO.
WHEREAS, Starship Conroe, LP has agreed to convey one (1) ten foot (10') x
ten foot (10') wide exclusive water meter easement, said easement being a 0.0022 acre
of land. situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas
as described and shown in Exhibit "1,” attached hereto, to the City of Beaumont for a
new marina and recreational vehicle park located at 620 Marina Drive; and,
WHEREAS, the City Council has considered the purpose of said conveyance
and is of the opinion that the acceptance of said conveyance is necessary and desirable
and is in the best interest of the City of Beaumont and that same 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 one (1) ten foot (10') x ten foot (10') wide exclusive water meter easement
conveyed by Starship Conroe, LP, being a 0.0022 acre of land situated in the James
Drake Survey, Abstract No. 18, Jefferson County, Texas as described and shown in
Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the
stated 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.
k
PASSED 'BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2018.
- Mayor Becky Ames -
i STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
WATER METER EASEMENT
THAT, STARSHIP CONROE, LP, a Texas limited partnership company, hereinafter
called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND
NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the
CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,
hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT,
SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas
7770.4, Jefferson County, Texas, its successors and assigns, a Water Meter Easement and the
exclusive right to construct, alter, and maintain said waterlines and appurtenances on the
hereinafter described lands which said easement is under, over, in and across those certain tracts
or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and
being more particularly described in Exhibits "A & B", attached and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
i ingress to and egress from the tracts of land hereinbefore described and use of the same for the
purposes aforesaid, and giving'said City the right and.privilege to improve, maintain and operate
EXHIBIT "1"
the same as permitted by law.
GRANTOR agrees not to place any structures or appurtenances within the Easement'
Property that will interfere with Grantee's ability to exercise the Easement Rights.
GRANTEE shall not be responsible for the repair and replacement of any paving' or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 1 52018.
GRANTOR:
STARSHIP CONROE, LP
By:
Printed Name: Ronny Sprinkle
Title: Project Manager
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the day of
2018, by RgDU Sprinkle, Project Manager of the Starship Conroe, LP, a Texas limited
partnership company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2018.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
TBPE Firm No. F-5755
TBPLS Firm No..wmmoo
`LA EF.00o5711
OU -T-
.:Z=-3737 Doctors Drive
Port Arfihur, Texas 77642
SURVEYORS&ENGINEERS ; s Office (409) 983.2004
,� Fax (409) 983.2005
0.0022 (99.88 SQUARE FEET) ACRE OF LAND
FOR EXCLUSIVE WATER METER EASEMENT PURPOSES
OUT OF THE JAMES DRAM SURVEY, ABSTRACT NO.
CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS
BEING 0.0022 (99.88 Square Feet) acre of land for exclusive water meter easement
purposes out of and a part of the James Drake Survey, Abstract No. 18, City of
Beaumont, Jefferson County, Texas; being part of a (Called 27.78) acre tract of land
described in a deed to Starship Conroe, LP, recorded in File No. 2016036467, Official
Public Records, Jefferson County, Texas; said 0.0022 acre tract being more fully
described by metes and bounds as follows, to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate
System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet,
North America.
COMMENCING at a %2" steel rod, capped and marked "SOUTEX", found for the
Southwest corner of the (Called 27.78) acre tract; said 1/2" steel rod being on the apparent
East right of way line of a roadway named Marina Drive, recorded in Volume 2416, Page
171, and Film Code 102-13-2212, Official Public Records, Jefferson County, Texas;
having a Texas Coordinate of N: 13978182.76, E: 3519182.31;
THENCE, North 15 deg., 30 min., 00 sec., East (Called North 15 deg., 31 min, 50 sec.,
East), on the apparent East right of way line of said Marina Drive, same being the West
line of the (Called 27.78) acre tract, a distance of 59.16' (Called 59.22') to a 1/2" steel rod,
capped and marked "SOUTEX", found;
THENCE, continuing on the apparent East right of way line of said Marina Drive, same
being the West line of the (Called 27.78) acre tract, on the arc of a curve to the left
having a radius of 850.00"' an are length of 272.77', a chord bearing of North 06 deg., 20
min.; 14 sec., East, and a chord distance of 271.60' to a 1/2" steel rod, capped and marked
"SOUTEX", found;
THENCE, North 02 deg., 5.1 min., 22 sec., West, continuing on the apparent East right
of way line of said Marina Drive, same being the West line of the (Called 27.78) acre
tract, 234.23' to a 1/2" steel rod, capped and marked "SOUTEX", found;
THENCE, continuing on the apparent East right of way line of said Marina Drive, same
being the West line of the (Called 27.78) acre tract, on the are of a curve to the left
- having a radius 700.00', an arc length of 9.76', a chord bearing of North 04 deg., 58 min.,
56 sec., West, a chord distance of 9.76', to a point for corner being the POINT OF
BEGINNING and Southwest corner of the herein described tract; having a Texas
Coordinate of N: 13978774.42, E: 3519214.21;
THENCE, continuing on the apparent East right of way line of said Marina Drive, same
being the West line of the (Called 27.78) acre tract, on the are of a curve to the left
having a radius of 700.00', an arc length of 10.00', a chord bearing of North 05 deg., 47
min., 27 sec., West, a chord distance of 10.00', to a point for corner being the Northwest
corner of the herein described tract, from which a Y2" steel rod, capped and marked
"SOUTEX", found on the apparent East right of way line of said Marina Drive, same
being the West line of the (Called 27.78) acre tract, bears North 11 deg., 49 min., 28 sec.,
West, a distance of 137.21';
THENCE, North 84 deg., 12 min., 33 sec., East, a distance of 10.00' to a point for corner
being the Northeast corner of the herein described tract,
THENCE, South 05 deg., 45 min., 01 sec., East, a distance of*10.00' to apoint for corner
being the Southeast corner of the herein described tract;
THENCE, South 84 deg., 12 min., 33 sec., West, a distance of 10.00' to the POINT OF
BEGINNING and containing 0.0022 acre of land, more or less.
This description is based on the Land Survey made under the direct supervision of
Anthony M. Leger, Registered Professional Land Surveyor No. 5481 on October 11,
2018.
Starship Conroe, LP / City of Beaumont, Texas
16-0285-E
I
m
0
cn
LO
N
O
ED
SCALE: 1" = 10'
0 fiiffmi10
FEMA Flood Zone: AE
Community Panel NO.:
485457-0020—C
Panel Date: 8 6/2002
0.0022 ACRE OF LAND
(99.88 .SQ.F.)
PART OF THE
JAMES DRAKE SURVEY
ABSTRACT NO. 18
JEFFERSON COUNTY
TEXAS
SURVEYORS NOTES
1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE
BASED ON TEXAS COORDINATE SYSTEM OF 1983,
SOUTH-CENTRAL ZONE, U.S. SURVEY FEET, REFERENCED
TO SMARTNET, NA.
2. IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP
OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY,
MAP REFERENCE SHOWN, THE SUBJECT TRACT LIES IN
THE FLOOD ZONE NOTED. LOCATION ON MAP WAS
DETERMINED BY SCALE. ACTUAL FIELD ELEVATION NOT
DETERMINED, UNLESS REQUESTED. SOUTEX SURVEYORS,
INC., DOES NOT WARRANT NOR SUBSCRIBE TO THE
ACCURACY OR SCALE OF SAID MAP.
CURVE TABLE
CURVE #
ARC
RADIUS
CHD. BEARING
CHORD
C1
272.77'
850.00'
N 06'20'14" E
271.60'
C2
9.76'
700.00'
N 04'58'56" W
9.76'
C3
10.00'
700.00'
N 05'47'27" W
10.00'
C4
137.43'
700.00'
N 11'49'28" W
137.21'
C1TY OF BEAUMONT
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BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 30, 2018 1:30 PM
[: "10110
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an election for Mayor Pro Tempore
2. Consider a resolution authorizing a contract with Schaumburg & Polk, Inc., for
Professional Engineering Services related to Sewer Lift Station Repairs
3. Consider a resolution approving the purchase of four excavators for use in the
Sewer Maintenance; Water Distribution and Solid Waste Divisions
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Gaming Site Permit Revocation Appeal
1402 Washington Boulevard
Trudi Martin v. City of Beaumont Public Health Emergency Medical
Services and the City of Beaumont; No. D-199,561
Nyjuma Howard v. The City of Beaumont; Cause No. 0130859
* Consider matters related to the deliberation of the purchase, exchange, lease or
value of real property in accordance with Section 551.072 of the Government
Code, to wit:
Specifically city -owned property at 3455 Sarah Street
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
1
October 30,-2018
Consider an election for Mayor Pro Tempore
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: October 30, 2018
REQUESTED ACTION: Consider an election for Mayor Pro Tempore
BACKGROUND
According to the City Charter, "the City Council shall elect one of its members as Mayor Pro
Tempore for a one year term." The Mayor Pro Tempore shall perform the duties of the Mayor in
case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy
occurs, shall become Mayor for the unexpired term.
Councilmember Robin Mouton was elected Mayor Pro Tempore on February 27, 2018 to fill the
unexpired term of Mayor Pro Tempore Gethrel Williams -Wright, whose term would have ended
on July 25, 2018. (Resolutions attached)
The Administration recommends that a councilmember be elected Mayor Pro Tempore and serve
through May 28, 2019 or until another election for this position is held. .
RESOLUTION NO. 17-146
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Gethrel Williams -Wright is. elected Mayor Pro Tempore for a one (1) year term.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
July, 2017.
�l�i. Lei
IF
f, Becky .-
RESOLUTION NO. 18-049
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Robin Mouton is elected Mayor Pro Tempore to fill the unexpired term of Mayor
Pro Tempore Gethrel Williams -Wright..
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 27th day of ,
February, 2018.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT is elected Mayor Pro Tempore to serve through May
28, 2019 or until another election for this position is held.
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
October, 2018.
- Mayor Becky Ames -
jl1
October 30, 2018
Consider a resolution authorizing a contract with Schaumburg & Polk, Inc., for Professional
Engineering Services related to Sewer Lift Station Repairs
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: October 30, 2018
REQUESTED ACTION: Council consider a resolution approving a contract with
Schaumburg & Polk, Inc., for Professional Engineering Services
related to Sewer Lift Station Repairs City Wide.
• N KOVIIIIR11]
Flood waters during Tropical Storm Harvey caused major damage to 26 sewer lift stations. A
Request for Qualifications (RFQ) was solicited from 15 vendors, and on September 13, 2018,
two (2) responses were received.
Upon review, it was determined based on Criteria Evaluation Scores that Schaumburg & Polk,
Inc., be recommended for award. If approved, Schaumburg & Polk, Inc., will provide
professional engineering services outlined in Attachment "A" of the agreement. A brief
summary of activities to be provided by the consultant is indicated below:
Basic Service ($391,920.00)
• Field survey and investigation to determine the extent of damage to each lift station.
• Scope of work, detailed cost estimates, and summary reports.
• Design criteria, preliminary drawings, outline specifications and written descriptions for
the complete project.
• Contract document preparations for formal advertisement.
• Assist the City with evaluating formal bids received, and prepare all awarding contract
documents.
Special Services ($236,580.00)
• Provide construction management from beginning of project to closeout such as, but not
limited to;
o Perform all project shop drawing reviews and approvals.
October 30, 2018
Professional Engineering Services Sewer Lift Station Repairs
Page 2
o Inspect and approve Contractor's work as outlined in the contract documents.
o Assist the City with review of monthly pay requests and change orders as needed.
o Conduct the fmal inspection to determine if the completed work of the Contractor
is acceptable under the terms and conditions of the contract.
o Prepare final project closeout documents.
The proposed fee for Basic Services ($391,920) is based on 12% of the preliminary estimated
construction cost. The proposed fee for Special Services ($236,658) is based on the level of
effort required to provide more extensive construction observation for a 12 month construction
period to verify that construction is in accordance with the approved specifications.
FUNDING SOURCE
Ninety percent (90%) of the fees will be covered by FEMA, with the remaining fees to be funded
by other grants, if applicable, or the Water Utilities Fund,
RECOMMENDATION
Approval of the resolution.
City of Beaumont
Criteria Evaluation Score
RFQ Number: PF0618-24
RFQ Name: Professional Engineering Services - Lift Station and Wastewater Treatment Plant Repairs
RFQ Data: September 13, 2018
Criteria
Maximum
Score
Schaumberg
and Polk
Beaumont, TX
Fitz and
Shipman
Beaumont, TX
Vendor Introduction
20.00
19.50
17.00
Competence & Qualifications of Management
20.00
20.00
16.50
Technical adequacy of personnel & sub -consultants
20.00
19.00
16.50
Experience of Firm
20.00
20.00
17.50
Success of the Firm
20.00
19.20
16.50
Approach for the design project
20.00
19.50
17.00
Total Points
120.00
117.50
101.00
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 execute an
Engineering Services Contract with Schaumburg and Polk, Inc. for engineering services
related to Sewer Lift Station repairs citywide for damages incurred during Hurricane/TS
Harvey. The contract is attached hereto at 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
October, 2018.
- Mayor Becky Ames -
ENGINEERING SERVICES CONTRACT
STATE OF TEXAS
COUNTY OF JEFFERSON
.CITY OF BEAUMONT
CONTRACT FOR
CITY OF BEAUMONT
Lift Stations and Wastewater Treatment Plant Repairs
Due to
Tropical Storm Harvey
SECTION 1
This Agreement made and entered. into in Beaumont, Jefferson County, Texas between the City of
Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed . "City", and
Schaumburg & Polk, Inc., duly licensed, and practicing under the laws of the State of Texas,
hereinafter termed 'Engineer", said Agreement being executed by the City pursuant to the City
Charter and Ordinances and Resolutions of the City Council, and by said Engineer for Engineering
Services hereinafter set forth in connection with the above designated Project for the City of
Beaumont.
The City is awarding this -contract in accordance with the State of Texas Government Code
2254, Professional and Consulting Services.
I. General
A. Detailed Project Description
The Engineer shall furnish PS&E Package. and Construction Management Services
for Lift Stations and Wastewater Treatment, Plant Repairs due to Tropical Storm
Harvey as further defined in Attachment "A".
B. The Engineer shall not commence work on this proposed Project until he has been
notified in writing to proceed.
The Engineer, in consideration for the compensation herein provided, shall render all
professional services necessary for the development of the Proj bet to completion, as
provided in this Agreement.
Lift Stations and WTP Repairs — SPI
1
EXHIBIT "A"
H. Basic Services
The Engineer shall perform the following basic services under this Contract as described in
Attachment "A", Project Description and Scope of Work.
A. The Engineer shall:
Meet with City officials to determine the City's requirements for the Project.
2. Verify field survey, field investigation and measurements provided by the
City.
3. Develop and prepare detailed plans, specifications, and contract documents for
the construction of said Project. Furnish a cost estimate based on the plans
and supporting contract documents for the proposed construction. I
4. Assist the City during the bidding and construction phases of the project.
5. Furnish the City with three,(3) copies of final plans and supporting documents
and one (1) set of reproducible originals.
6. Furnish any additional information as maybe listed in the Project description
(Attachment A).
7. Meet with City staff to discuss any proposed adjustments.
III. Additional Services
All work that will be performed by the Engineer at the request of the City that is described in
this paragraph and not included in the paragraphs above shall constitute Additional Services.
Additional Services shall include, but are not limited to the following:
A. Services required by the City in any litigation or other controversy as an expert
witness, including actual testimony time, stand-by waiting time, preparation of
engineering data and reports or depositions and consulting with the .City or its
attorney.
B. Preparation of any special reports, applications for permits or grants and
appearances before any regulatory agencies or public hearings not included in
Section II.A.6.
C. Any revisions of previously approved work.
D. Any travel and subsistence to points other than Engineer's or City's Offices and Project
Lift Stations and WTP Repairs — SPI
2
site.
E. Preparation of exhibits.
F. Additional services due to significant changes in scope of the Project or its design
including but not limited to changes in size, complexity, or character of
construction as agreed to by both parties.
G. Services required and approved by the City during the construction phase of the
project.
H. Providing services after issuance of Letter of Acceptance from. the City.
N. Coordination
A. The Engineer shall hold monthly conferences with the Director of Public Works or his
representatives to the end that the Project as developed shall have the full benefit of
the City's experience and knowledge of existing needs and facilities, andbe consistent
with its current policies and standards. To assist the Engineer in this coordination, the
City shall make available for the Engineer's use in planning and designing the Project
all existing plans, maps, field notes, statistics, computations, and other data in its
possession relative to existing facilities and to this particular Project, at no cost to the
Engineer. However, any and all such information shall remain the property of the City
and shall be returned if instructed to do so by the Director of Public Works.
B. The Director of Public Works will act on behalf of the City with respect to the work to
be performed under this Agreement. He shall have complete authority, to transmit
instructions, receive information, interpret and define the City's policies and decisions
with respect to materials, equipment, elements and systems pertinent to Engineer's
services.
C. The City will give prompt written notice to the Engineer whenever the City observes
or otherwise becomes aware of any defect in the Engineer's services or any
development that affects the scope or timing of Engineer's services.
D. The City shall furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as may be
determined to be necessary by the City for the .completion of the Project, The
Engineer will provide the City reasonable assistance in connection with such
approvals and permits such as furnishing of data compiled by the Engineer pursuant to
other provisions of the contract, but shall not be obligated to develop additional data,
prepare extensive reports or appear at .hearings or the like unless compensated
therefore under other provisions on this contract.
E. The Engineer shall promptly report, in writing, to the City any development that
would affect the scope or timing of the Project.
Lift Stations and WTP Repairs — SPI
3
V. Fee Schedule
A. General
For and in consideration of the services to be rendered by the Engineer in this
Agreement, the City shall pay and the Engineer shall receive the compensation
hereinafter set forth for the Engineer's services described in Sections II, III, and IV.
B. Engineering Services
The basis of compensation for Engineering Services shall be on a time and materials
basis as noted in Attachment "A". The basic fee shall not exceed six hundred twenty
eight thousand five hundred dollars $628,500.00.
B. Compensation for Additional Services that are authorized by the City shall be
determined when needed.
VI. City Payments
A. Payments shall be made to the Engineer based on the several phases as described
above and in accordance with the following:
1. One hundred percent (100%) of the amount due the Engineer for work
performed in each phase shall be payable on a monthly basis.
B. Payment shall be made within thirty (30) days after submittal of the request for
payment for work performed. Payment shall be considered past due forty-five (45)
days after submittal.
C. The City reserves the right to make an audit of charges claimed for this contract for
services.
VII. Revisions to Drawings and Specifications
The Engineer shall make, without additional expense to the City over and above the basic fee,
such revisions to the Final Phase as may be required to meet the needs of the City. After
approval of the Final Phase by the City, any revisions, additions, or other modifications made
at the City's request that involves extra services and expenses to the Engineer shall be subject
to additional compensation to the Engineer for such extra services and expenses.
VIII. Ownership of Documents
All documents including the original drawings, estimates, specifications, field notes and data,
will remain the property of the Engineer as instruments of service. However, it is to be
understood that the City shall have free access to all such information with the right to make
Lift Stations and WTP Repairs — SPI
4
and retain copies of drawings and all other documents including field notes and data. Any
reuse without specific written verification or adaptation by Engineer will be at City's sole risk
and without liability or legal exposure to Engineer.
IX. Termination
Either party to this Agreement may terminate the Agreement by giving the other thirty (30)
days notice in writing and in accordance with the following procedure:
A. Upon delivery of such notice by either party to the party, and upon expiration of the
thirty day period, the Engineer shall discontinue all services in connection with the
performance this Agreement and shall proceed to cancel promptly all existing orders
and contracts insofar as such others or contracts are chargeable to this Agreement. As
soon as practicable after receipt of notice of termination, the Engineer shall submit a
statement, showing in detail the services performed under this Agreement to the date
of termination. The Owner shall then pay the Engineer promptly that proportion of
the prescribed charges which the service actuallyperfozmed under this Agreement that
is applicable and useable of this Project, less such payments on account of the charges
as have been previously made. Copies of specifications prepared under this
Agreement shall be delivered to the City when and if this Agreement is terminated,
but subject to the restrictions, as to their use, as set forth in Section VIII.
B. Failure by the Engineer to comply with the submittal of the statement, and documents
as required above shall constitute a waiver by the Engineer of any and all rights or
claims to collect any monies that the Engineer may rightfully be entitled to for services
performed under this Agreement.
X. Engineer's Warranty
The Engineer warrants that he has not employed or retained any company or person other than
a bona fide employee working solely for the Engineer to solicit or secure this Contract, and
that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Engineer, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or
resulting from the award or making of this contract.
XI. Equal Employment Opportunity
f
The Engineer agrees to follow the City's Minority Business Enterprise Policy.
X11. Assignment or Transfer of Interest
The Engineer shall not assign or transfer its interest in the Contract without the written
consent of the City.
Lift Stations and WTP Repairs — SPI
5
XIII. Indemnification/Liability
THE ENGINEER SHALL SAVE HARMLESS THE CITY FROM ALL CLAIMS AND
LIABILITY DUE TO ACTIVITIES OF •HIMSELF, HIS AGENTS, OR EMPLOYEES,
PERFORMED UNDER THIS CONTRACT AND WHICH RESULT FROM AN ERROR,
OMISSION, OR NEGLIGENT ACT OF THE ENGINEER OR OF ANY PERSON
EMPLOYED BY THE ENGINEER. THE ENGINEER SHALL ALSO SAVE HARMLESS
THE CITY FROM ANY AND ALL EXPENSES, INCLUDING ATTORNEY FEES WHICH
MIGHT BE INCURRED BY THE CITY IN LITIGATION OR OTHERWISE RESISTING
SAID CLAIM OR LIABILITIES WHICH MIGHT BE IMPOSED ON THE CITY AS
RESULT OF SUCH ACTIVITIES BY THE ENGINEER, HIS AGENTS, OR EMPLOYEES.
The Engineer shall, within one week after signing the contract and before any work shall start,
furnish the City with certificates of insurance naming the City as additional insured
satisfactory to the City indicating the existence of Statutory Workmen's Compensation
Insurance, and comprehensive General Liability Insurance and Professional Liability: Such
insurance shall be at the Engineer's expense. The limits. shall be as follows:
Comprehensive General Liability and Auto Liability Insurance shall not be less than
$1,000,000.00 per incident/$1,000,000.00 per occurrence.
These certificates shall contain a provision that the City shall be notified thirty (30) days
before cancellation of the insurance. The Engineer shall maintain such insurance in force
during the life of the contract and no modification or change of insurance carriage and
provision shall be made without thirty (30) days written advance notice to the City.
XIV. Estimates of Cost
Since the Engineer has no control over the cost of labor, materials or equipment or over the
contractor's methods of determining prices, or over competitive bidding or market conditions,
his opinions of probable Project Cost or Construction Cost provided for herein are to be made
on the basis of this experience and qualifications and represent his best judgment as a design
professional familiar with the construction industry but the Engineer cannot and does not
guarantee that proposals, bids or the construction cost will not vary from opinions of probable
cost prepared by him.
XV. Interest in City Contracts Prohibited
No officer or employee of the City shall have a financial interest, direct or indirect, in any
Contract with the City, or shall be financially interested, directly or indirectly, in the sale to
the City of any land, materials, supplies or service, except on behalf of the City as an officer
or employee.
Lift Stations and WTP Repairs— SPI
XVI. Federal Requirements
A. Agency Concurrence. Signature of a duly authorized representative of Agency in the
space provided on the signature page hereof does not constitute a commitment to
provide financial assistance or payments hereunder but does signify that this
Agreement conforms to Agency's applicable requirements.
B. Audit and Access to Records. For all negotiated contracts and negotiated
modifications (except those of $10,000 or less), Owner, Agency, the Comptroller
General, or any of their duly authorized representatives, shall have access to any
books, documents, papers, and records of the Engineer which are pertinent to the
Agreement, for the purpose of making audits, examinations, excerpts, and
transcriptions. Engineer shall maintain all required records for three years after final
payment is made and all other pending matters are closed.
C. Restrictions on Lobbying. Engineer and each Consultant shall comply with
Restrictions on Lobbying (Public Law 101-121, Section 319) as supplemented -by
applicable Agency regulations. This Law applies to the recipients of contracts and
subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds
$1.50,000 or a Federal grant that exceeds $100,000. If applicable, Engineer must
complete a certification form on lobbying activities related to a specific Federal loan
or -grant that is a funding source for the Agreement. Each tier certifies. to the tier
above that it will not and has not used Federal appropriated funds to pay anyperson or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by
31 USC 1352. Each tier shall disclose any lobbying with non -Federal funds that takes
place in connection with obtaining any Federal award. Certification and disclosures
are forwarded from tier to tier up to the Owner. Necessary certification and disclosure
forms shall be provided by Owner.
D. Suspension and Debarment. Engineer certifies, by signing this Agreement, that
neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency. Engineer will not contract with any Consultant for
this project if it or its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. Necessary certification forms shall
be provided by the Owner.
XVII. Entire Agreement
This Agreement, together with Attachment "A", shall represent the entire integrated
Agreement between the City and the Engineer and supersedes all prior negotiation,
representatives, or agreements, either oral or written. This Agreement may be
Lift Stations and WTP Repairs — SPI
7
amended only by written instrument signed by both the City and the Engineer,
SEC'T'ION 2
IN WITNESS WHEREOF, the City of Beaumont has lawfully caused thesepresentsto be executed
by the band of the City Manager of said City, and the Corporate Seal of said City to bo hereunto
affixed and this instrument to be attested by the City Clerk, and hereunto authorized Jef cy G.
beaver, PR, -does now sign, exceute and deliver this document,
Done at Beaumont, Texas, on this day of , A.D. 2018.
Attest;
Attest:
Uft Stalionx and IYTP Repaits •- SPI
8
Schaumburg & Polk, Inc.
By
res'cjent
CITY OF BE, AUMONT
R
City Manager
ATTACHMENT A
Detailed Scope of Services
v ter.,
Attachment "A" SCHAUMBURG L, POLK,
October 9, 2018
Dr. Joseph Majdalani, P.E.
Public Works Director
City of Beaumont
801 Main Street, Suite 200
Beaumont, Texas 77701
Re: City of Beaumont
Lift Station and Wastewater Treatment Plant Repairs
RFQ Number: PF0618-24
Dr. Majdalani,
In response to being selected to provide the professional engineering services for the Lift
Station and Wastewater Treatment Plant Repairs, we propose the following:
LIFT STATION REPAIRS
Phase 1 will develop detailed cost estimates to repair each station, and detailed cost estimates
to make improvements to each station including elevating the electrical controls above the
known high-water elevation. The FEMA guidelines will be used to group the lift station repairs
into like projects. Engineering services to be provided include:
1. Meet with the City to coordinate the work to be performed, and obtain any pertinent
information from the City.
2. Evaluate the location and extent of the damage to each lift station
3. Develop the scope of work and detailed cost for the repairs to each lift station
4. Prepare a summary report, including proposed project grouping, and submit to the
City for review by the City staff.
Phase 2 will provide for repair of the damaged lift stations, including construction of new lift
stations, if required. Engineering services to be provided include:
A. Design Phase
After authorization to proceed with the design phase, the Engineer shall:
1. Prepare final design criteria, preliminary drawings, outline specifications, written
descriptions of the Project, and an updated opinion of probable construction cost,
and submit to City for review by the City staff.
2. Prepare final Plans, Specifications and Contract Documents for construction of the
improvements as authorized by the City.
3. Advise City of any adjustments to the opinion of probable construction cost known
to Engineer.
winrvit �PI�'ENG�cam
October 9, 2018
Dr, Joseph Majdalani, P.E.
Page 2
4. Submit Plans, Specifications and Contract Documents to City for review by the City
staff and to obtain approval to advertise for bids.
B. Bidding Phase
After authorization to proceed with the bidding phase, the Engineer shall:
1. Assist the City in advertising for and obtaining bids for construction. The City will
pay the cost of newspaper notices.
2. Conduct a pre-bid conference with prospective bidders.
8. Issue addenda as appropriate to interpret, clarify, or expand the bidding
documents.
4. Consult with the City to determine the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution prior to the award of
contracts is allowed by the bidding documents.
5. Attend the bid opening, assist the City in reviewing the bids received, prepare a
project Bid Tabulation, and assist the City in assembling and awarding contracts for
the Work.
C. Construction Phase
During the Construction Phase of the project, the Engineer shall:
1. Attend the pre -construction conference.
2. Receive, review and determine the acceptability of any schedules that the
Contractor is required to submit to the Engineer, including progress schedule,
schedule of submittals, and schedule of values.
3. Perform all project shop drawing reviews.
4. Make visits to the Site at intervals appropriate to the various stages of construction,
as Engineer deems necessary, to observe the progress and quality of the
Contractor's executed Work.
5. , Receive and review questions from the Contractor during the construction phase
and review with the City. Based on the City's instruction, prepare a written'
response back to the Contractor.
6. Receive and review certificates of inspections, tests, and approvals of the
Contractor's work required by the Contract Documents.
7. Assist the City with review of monthly pay requests from the Contractor.
8. In company with the City and Contractor, conduct an inspection to determine if the
Work is substantially complete.
9. Conduct a final inspection to determine if the completed Work of the Contractor is
acceptable so that the Engineer may recommend, in writing, final payment to the
Contractor.
10. Prepare the final project closeout documents.
11. Special Services - During construction provide additional construction observation
as determined by the Engineer to provide more extensive observation of the
Contractor's work to verify that the project is proceeding according to the
specifications.
SCHAUMBURG F. POLK,a.:.
October 9; 2018
Dr. Joseph Majdalani, P.E.
Page 3
WASTEWATER TREATMENT PLANT REPAIRS
The scope of work will provide for repairs to the plant entrance to prevent future flooding of the
recessed parking area on the east side of the main influent lift station. Engineering services to
be provided will include:
A. Design Phase.
After authorization to proceed with the design phase, the Engineer shall perform the
following Preliminary Design tasks:
1. Meet with the City to coordinate the work to be performed, and obtain any pertinent
information from the City.
2. Evaluate the location and extent of the damage
3. Develop the scope of work and detailed cost for the repairs to prevent future
flooding
4. Prepare a summary report and submit to the City for review by the City staff.
After the City;has approved the summary report, the Engineer shall perform the
following Final Design tasks:
5. Prepare final design criteria, preliminary drawings, outline specifications, written ,
descriptions of the Project, and an updated opinion of probable constructiort cost,
and submit to City for review by the City staff.
6. Prepare final Plans, Specifications and Contract Documents for construction of the
Improvements as authorized by the City.
7. Advise City of any adjustments to the opinion of probable construction cost known
to Engineer.
8. Submit Plans, Specifications and Contract Documents to City for review by the City
staff and to obtain approval to advertise for bids.
B. Bidding Phase
After authorization to proceed with the bidding phase, the Engineer shall:
1. Assist the City in: advertising for and obtaining bids for construction. The City will
pay the cost of newspaper notices.
2. Conduct a pre-bid conference with prospective bidders.
3. Issue addenda as appropriate to Interpret, clarify, or expand the bidding
documents.
4. Consult with the City to determine the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution prior to the award of
contracts is allowed by the bidding documents.
5. Attend the bid opening, assist the City in reviewing the bids received, prepare a
project Bid Tabulation, and assist the City in assembling and awarding contracts for
the Work.
C. Construction Phase
During the Construction Phase of the project, the Engineer shall:
09
SGHAUMBURG �. POLK, ,,,,
October 9, 2018
Dr. Joseph Majdalani, P.E.
Page 4
1. Attend the pre -construction conference.
2. Receive, review and determine the acceptability of any schedules that the
Contractor Is required to submit to the Engineer, including progress schedule,
schedule of submittals, and schedule of values.
3. Perform all project shop drawing reviews.
4. Make visits to the Site at intervals appropriate to the various stages of construction,
as Engineer deems necessary, to observe the progress and quality of the
Contractor's executed Work.
5. Receive and review questions from the Contractor during the construction phase
and review with the City. Based on the City's instruction, prepare a written
response back to the Contractor.
6. Receive and review certificates of inspections, tests, and approvals of the
Contractor's work required by the Contract Documents.
7. Assist the City with review of monthly pay requests from the Contractor.
8. In company with the City and Contractor, conduct an inspection to determine if the
Work is substantially complete.
9. Conduct a final inspection to determine if the completed Work of the Contractor is
acceptable so that the Engineer may recommend, in writing, final payment to the
Contractor.
10. Prepare the final project closeout documents.
11. Special Services - During construction provide additional construction observation
as determined by the Engineer to provide more extensive observation of the
Contractor's work to verify that the project is proceeding according to the
specifications.
Based on our initial observations we have prepared a Preliminary Opinion of Probable Cost,
see attached. We propose the basis of compensation for these Engineering Services as
previously described shall be a not -to -exceed amount based on our standard hourly rates and
expenses attached, and shall not exceed $628,500.00 without prior written authorization by the
City.
Sincerely,
SCHAUMBURG & POLK, INC.
0
Jeffrey G. Beaver, P.E.
President
Attachments: Preliminary Opinion of Probable Cost
Schedule of Hourly Rates and Expenses
SCHAUMBURG tx POLK,
City of Beaumont Texas
Lift Station and Wastewater Treatment Plant Repairs
PF0618-24
PRELIMINARY OPINION OF PROBABLE COST
Location
Recommendation
Construction
Subtotal
Astor LS
Elevate wet well and electrical
$
135,000
Bennett LS
Elevate wet well and electrical
$
292,000
Carpenter LS
Elevate electrical
$
48,000
Charles Street LS
Elevate wet well and electrical
$
99,000
Colliers Park LS
Replace electrical
$
-24,000
Country Club LS
Elevate electrical
$
65,000
Fire Training Grounds LS
Elevate electrical
$
48,000
Forest Glen LS
Elevate electrical
$
42,000
Hillcrest LS
Elevate electrical
$
42,000
Holiday LS
Elevate electrical
$
54,000
Major Drive,LS
Elevate electrical
$
60,000
MartinLS
Elevate wet well and electrical
$
128,000
Oak Ridge LS
Elevate electrical
$
48,000
Pine Haven LS
Elevate electrical
$
42,000
Primer LS
Reconstruct LS elevate wet well and electrical
$
1,469,000
Riverfront Park LS
Elevate electrical
$
24,000
San Anselmo LS
Elevate electrical
$
24,000
Stonetown LS
Elevate wet well and electrical
$
271,000
Tram Road LS
Elevate electrical
$
48,000
Tyler LS
Construct flood wall
$
171,000
Voth LS
Elevate electrical
$
54,000
Walker LS
Elevate electrical
$
54,000
WVVTP Entrance Driveway
Install driveway trench drains
$
24,000
Subtotal
$
3,266,000
ENGINEERING
Basic Services
Special Services
$391 j920.00
$236,580.00
Subtotal
'$628,500.00
$3,894,500.00
ATTACHMENT B
2018 Schedule of Hourly Rates and Expenses
=SCHAUMBURG L POLK, ilvc.
2018 SCHEDULE OF HOURLY RATES and EXPENSES
ENGINEER IX
$255.00 /HOUR
ENGINEER VIII
$215.00 /HOUR
ENGINEER VII +
$105.00 /HOUR
ENGINEER VI
$175.00 /HOUR
ENGINEER V
$155.00 /HOUR
ENGINEER IV
$140.00 /HOUR
ENGINEER Ill
$125.00 /HOUR
ENGINEER 11
$110.00 /HOUR
ENGINEER I
$95.00 /HOUR
DESIGN TECHNICIAN IV
$125.00 /HOUR
DESIGN TECHNICIAN III
$105.00 /HOUR
DESIGN TECHNICIAN II
$85.00 /HOUR
DESIGN TECHNICIAN I
$60.00 /HOUR
REGISTERED PROFESSIONAL LAND SURVEYOR
$145.00 /HOUR
SURVEYOR III
$105.00 /HOUR
SURVEYOR II
$80.00 /HOUR
SURVEYOR I
$55.00 /HOUR
ADMINISTRATIVE ASSISTANT
$70.00 /HOUR
CONSTRUCTION REPRESENTATIVE III
$120.00 /HOUR
CONSTRUCTION REPRESENTATIVE II
$100.00 /HOUR
CONSTRUCTION REPRESENTATIVE 1
$80.00 /HOUR
REIMBURSABLE EXPENSES
Mileage IRS Allowable Rate
Travel and Meals Actual Cost x 1.10
Misc. Reimbursable Expenses Actual Cost x 1.10
Color Plots $3.00 per Square Foot
OUTSIDE CONSULTANT RATES
Associate Erigineer Civil, Electrical, Environmental, Mechanical, etc. up to $175.00/HOUR
Subconsultants I Actual Cost x 1.10
Schaumburg & Polk, Inc. furnishes General Liability Insurance, Professlonal Liability Insurance and
State of Texas mandatory limits of Worker's Compensation Insurance.
Preparation for and furnishing expert witness testimony will be billed atthree times the hourly rates shown
above for the various classifications.
Rates Effective: January 1, 2018 (adjusted annually)
3
October 30, 2018
Consider a resolution approving the purchase of four excavators for use in the Sewer Maintenance;
Water Distribution and Solid Waste Divisions
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 30, 2018
REQUESTED ACTION: Council consider a resolution approving the purchase of four
excavators for use in the Sewer Maintenance; Water Distribution
and Solid Waste Divisions.
BACKGROUND
Two excavators in the amount of $171,454.04 will be purchased for use in the Sewer
Maintenance Division. They will replace units 5172 and 5156, which have exceeded their
expected service lives.
The excavator for the Solid Waste Division would be purchased for $283,000.00 and will replace
unit 5146, which has exceeded the expected service life.
The excavator for the Water Distribution Division would be purchased for $63,054.30 and will
replace unit 5154, which has exceeded the expected service life. The four older excavators will
be disposed of in accordance with the City's surplus equipment policy.
Total pricing, in the amount of $517,508.34, was obtained from Waukesha -Pearce Industries, of
Dallas, Texas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association
that complies with the State of Texas' procurement statutes.
FUNDING SOURCE
Water Utilities Fund ($234,508.34).
Solid Waste Fund ($283,000).
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of four (4) excavators for use by
the Sewer Maintenance, Water Distribution and Solid Waste Departments from
Waukesha -Pearce Industries, of Dallas, Texas, in the amount of $517,508.34 through
the Buyboard Cooperative Purchasing Program.-
The
rogramaThe 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
October, 2018.
- Mayor Becky Ames -
n