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HomeMy WebLinkAboutPACKET SEP 24 2013 T E X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 24, 2013 1:30 P.M. CONSENT AGENDA Approval of minutes— September 17, 2013 Confirmation of committee appointments P.) Approve a resolution authorizing a one year contract with the Art Museum of Southeast Texas for FY 2014 B) Approve a resolution authorizing a one year contract with the Texas Energy Museum for FY 2014 C) Approve a resolution authorizing a one year contract with BUILD, Inc., Beaumont Main Street for FY 2014 D) Approve a resolution authorizing a one year contract with the Southeast Texas Arts Council for FY 2014 E) Approve a resolution authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum for FY 2014 F') Approve a resolution approving the write-off of uncollectible delinquent accounts (i) Approve a resolution authorizing the sale of a partial interest in City-owned property known as the Gilbert Building located at 328 Bowie Street 1-1) Approve a resolution accepting the newly constructed Rotary Centennial Playground located at 600 Crockett St. and authorizing the City Manager to execute a transfer agreement with the Rotary Club of Beaumont conveying ownership of the playground improvements to the City I) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 2750 South 8 tn Street J) Approve a resolution authorizing the acceptance of a five foot wide Exclusive Sanitary Sewer Easement located at 2750 South 8th Street K) Approve a resolution authorizing the granting of four Pipeline License Agreements L.) Approve a resolution authorizing the City Manager to execute a Public Highway At- Grade Crossing Improvement Agreement between Union Pacific Railroad Company and City of Beaumont for the Washington Blvd. Project(Amarillo Street to M L King Parkway) M) Approve a resolution concerning the funding established by the RESTORE Act A REAUMON14t T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer*--" MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$180,000 for FY 2014. BACKGROUND The City of Beaumont (City) and the Art Museum of Southeast Texas(AMSET) entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations, major maintenance on the facility in accordance with the lease agreement, and garbage removal. In return, AMSET is open to the general public and strives to provide programs and services to the entire community. FUNDING SOURCE $80,000 from the Hotel Occupancy Tax Fund and $100,000 from the General Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit "A," between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of $180,000 for FY 2014, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - AGREEMENT FOR THE OPERATION OF AN ART MUSEUM WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation, hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation of the State of Texas, hereinafter referred to as "City", agree as follows: 1. City hereby hires and engages Museum to operate an art museum open to the public on the premises leased from the City and described in the lease between the parties dated December 30, 1986 and made a part hereof for all purposes (herein "the premises"). Museum agrees to accept such hiring and hereby agrees to operate such art museum. 2. This agreement shall be for a term of one year commencing October 1, 2013. The City agrees to pay museum the sum of Forty-Five Thousand Dollars ($45,000) per quarter. Of the total annual sum of One-Hundred Eighty Thousand ($180,000) Dollars, Eighty Thousand ($80,000) Dollars will be derived from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq. which requires that such funds be expended for arts and historical events or projects that directly enhance and promote tourism and the convention and hotel industry. 3. Expenditure of the Eighty Thousand ($80,000) Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" 4. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of Museum as they relate to the HOT funds authorized in this contract. 6. City or Museum may terminate this Agreement for cause if either party defaults in the performance of any covenant or condition of this Agreement. Prior to such termination City or Museum must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice the party giving such notice may terminate the Agreement by written notice. 7. City shall allow Museum and its employees, volunteers, patrons and guests to use fifty (50) designated parking spaces in the City owned parking lot lying directly to the east across Main Street from the premises during periods of use of the premises. Otherwise such spaces may be used for City's Civic Center and theater event parking. In addition, the City shall provide free parking for buses transporting school children to the art museum. Said parking places to be as available and as directed by the City's Civic Center director at a site convenient to the Museum. Parking spaces on the premises shall be available for City's use during periods when the premises are not in actual use. 8. The Museum agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of the Art Museum of Southeast Texas (AMSET), its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the _ day of , 2013. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS By: By: Kyle Hayes Name: City Manager Title: ATTEST: ATTEST: By: By: City Clerk Name: Title: B [1EAUM0N*9r T - E - X - A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ] , PREPARED BY: Laura Clark, Chief Financial OfficerU MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Texas Energy Museum in the amount of $95,000 for FY 2014.. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. FUNDING SOURCE Hotel Occupancy Tax Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit "A," between the Texas Energy Museum and the City of Beaumont in the amount of$95,000 for FY 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Texas Energy Museum, herein called "TEM", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to TEM. NOW, THEREFORE, the City and TEM agree as follows: 1. City agrees to pay to TEM the amount of Ninety-Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty-Three Thousand Seven-Hundred ($23,750) Dollars per quarter commencing October 1, 2013 from funds as available and collected from the hotel occupancy tax. EXHIBIT "A." Any funds not expended by TEM will be retained by TEM to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2013 to September 30, 2014. 5. The TEM shall submit quarterly reports in the format provided by the City reflecting the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly commencing January 15, 2014. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of TEM will attend the seminar. 9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the _ day of , 2013. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk TEXAS ENERGY MUSEUM, INC. By: Name: Title: ATTEST: By: Name: _ Title: c [1EA,UM0N14t T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager y PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with BUILD, Inc., Beaumont Main Street in the amount of$75,000 for FY 2014. BACKGROUND The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. FUNDING SOURCE General Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of $75,000 for FY 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development and downtown revitalization are crucial to the continued economic success of City and believes that BUILD should be retained to carry out a program of work on behalf of City to accomplish these goals; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and BUILD agree as follows: STATEMENT OF WORK City does hereby enter into a contract with BUILD to provide a comprehensive range of plans and projects in Beaumont directed at economic development and downtown revitalization by: a) promoting the physical and social development, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employment, recreational and cultural-artistic revitalization; C) attracting new employers; EXHIBIT "A° d) complying with all provisions of the Contract for Services - Urban Main Street program between BUILD and the Texas Historical Commission. COMPENSATION City hereby agrees to pay to BUILD during the term of this agreement Seventy- five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise at least Seventy-Five Thousand ($75,000) in additional funding from the private sector to match the City's financial commitment. DISBURSEMENT Payment to BUILD will be made on a reimbursement basis and those payments will be supported by proper verifiable documentation. RECORDS AND REPORTS Quarterly progress reports detailing the activities and accomplishments of BUILD, emphasizing compliance with the Urban Main Street Program, will be due thirty (30) days following the end of the quarter beginning with the quarter ending December 31, 2013. In addition to said quarterly reports, BUILD will also provide an annual review related specifically to the Urban Main Street Program covering the period of this agreement due on October 31, 2014. SUSPENSION AND TERMINATION The term of this agreement will be October 1, 2013, through September 30, 2014. Suspension and/or termination may occur if BUILD fails to comply with any or all provisions of this agreement or for convenience. INDEPENDENT CONTRACTOR BUILD is an independent contractor and is not an officer, agent, or employee of the CITY. ACCESSIBILITY OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of BUILD, Inc., its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. EXECUTED in duplicate originals this the day of _, 2013. CITY OF BEAUMONT By: _ City Manager "CITY" ATTEST: By: — City Clerk BUILD, INC. BEAUMONT MAIN STREET By: _ Executive Director "BUILD" ATTEST: By: — — Name: Title : D RICH WITH OPPORTUNITY r C . T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of$58,600 for FY 2014. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City provides funding to SETAC to offset a portion of the production of the magazine "Off Ramp"highlighting local events and"Tear Off" Attraction Attraction Maps for distribution to hotels. SETAC ensures Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions. Remaining funds are used for operating expenses. FUNDING SOURCE Hotel Occupancy Tax fund. 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 one-year contract, substantially in the form attached hereto as Exhibit"A," between the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of $58,600 for FY 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council", is as follows: WITNESSETH WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and the convention industry. Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of Fifty-Eight Thousand Six Hundred ($58,600) Dollars by City to Council will be made from funds as available and as Page 1 EXHIBIT "A" collected from the Hotel Occupancy Tax. Payments of Four-Thousand Nine-Hundred Dollars ($4,900) will be made monthly for eleven (11) months commencing October 1, 2012, and one final monthly payment of Four-Thousand Seven-Hundred Dollars ($4,700). 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing January 15, 2014. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Council will attend the seminar. Page 2 9. Council agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of Council, its officers, agents and employees, including the officers, agents, and employees involved in museum operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of 2013. CITY OF BEAUMONT By: Kyle Hayes ATTEST- City Manager By: City Clerk SOUTHEAST TEXAS ARTS COUNCIL By: Name: ATTEST Title: By: Name: Title.- Page 3 E [1EA,UM0N14r T - E - X • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with Beaumont Heritage Society/John Jay French Museum in the amount of$47,000 for FY 2014. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored. The home contains furniture and fixtures from the mid 19th century and is a tourist attraction for our city. FUNDING SOURCE Hotel Occupancy Tax Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for FY 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Beaumont Heritage Society operating the John J. French Museum, herein called "Museum", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax "for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to Museum for historical restoration, preservation, and tourism in Beaumont: Page 1 EXHIBIT "A" NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Forty-Seven Thousand ($47,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October 1, 2013 from funds as available and collected from the hotel occupancy tax. Any funds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2013 to September 30, 2014. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2014. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Museum. Page 2 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 9. The Beaumont Heritage Society agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this contract or from the operations and actions of the Beaumont Heritage Society/John Jay French Museum, its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Page 3 EXECUTED this the day of 2013. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk BEAUMONT HERITAGE SOCIETY By: Name: Title: ATTEST: By: --_ Name: Title: Page 4 F r 0 T,1,0 RT U N 1'r y ..k C � T • E • X • A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Office MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible delinquent accounts. 13ACKGIZOUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions prior to May 1, 2012 upon which collection efforts have been unsuccessful. A sunu-nary by receivable type is shown below. EMS Ambulance Charges - $108,600.00 These charges for ambulance transports include uninsured claims or co-pay and deductibles that the customer is responsible for. The original charge dates range from 2007 to 2012 and accounts have been uncollectible for at least one year. Weed Abatement Charges - $192,086.09 ► Charges included in this total were sent to the collection agency and have been uncollectible for at least one year. In addition, no taxes have been paid on these properties in three years. Liens are filed on uncollectible charges for which taxes have been paid within the last three years and, therefore, are not included in the write off total. Original charge dates range from 2009 to 2012. Total to be written off- $300,686.09 1f at am, time an account becomes collectible after having been written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the write-off of the following uncollectible delinquent accounts totaling $300,686.09 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto: EMS Ambulance Charges $108,600.00 Weed Abatement Charges $192,086.09 BE IT FURTHER RESOLVED THAT if, at anytime, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - CITY OF BEAUMONT Accounts Over$1000 to be Written off ADAMS WILLIAM J 1,563.50 ALEX, EDWARD ESTATE 2,582.65 AMOS, MICHAEL 1,310.00 ARCELLA 2,619.10 ARCENEAUX,AMANDA 1,410.00 BALLARD, MICHAEL 1,180.00 BARLOW LINCOLN 1,396.50 BARRY, MONTY ET AL 1,611.25 BATISTE,JUNIUS C 1,109.30 BATTLE,JANICE 1,270.00 BEGELTON, DOROTHY EST 1,137.50 BELLANGER,TROY 1,150.00 BENNETT, FLOYD LEONARD 2,060.00 BERGERON,JOHN MRS 1,012.50 BOLDEN, EUNICE ET AL 1,279.44 BREWER, CHARLES 1,069.20 BROUSSARD HARRY JR 1,155.00 BROWN,JAMIE 1,290.00 BUCKLEY BEULAH ESTATE 1,020.00 BUCKLEY DARLINE/RACHEL BU 1,003.80 BURTON WALTER 1,149.81 BUTLER, SHERRY 1,150.00 CAMPBELL, MICHAEL 1,002.24 CARTER A V 2,823.10 CARTER VERLINE 1,866.03 CARTER, LARRY WAYNE 1,260.00 CASSIMERE, ISIAH 1,390.00 CAUDLE W T 3,101.04 CELESTINE, CONNIE 1,980.00 CHARLTON GEORGE C 1,287.48 CLOUD LYNN & PATSY 1,074.50 COCO CONCETTA ESTATE 1,307.25 COLA PETER EST 1,455.00 COLEMAN ADAMS 1,201.75 CONE DARBY BARR 1,308.65 CRAVENS, PATRICK A 1,759.00 CRITTLE BARBARA 1,067.18 CROSLAND EUGENE L 2,340.00 DAVIS, BRENDA 1,390.00 DAVIS, HELEN 1,203.24 DAVIS,JAMES 3,655.00 DAVIS, RICHARD LEE 1,448.75 DEYOUNG JOHN 2,383.50 EXHIBIT "A" DICKSON ETHEL STEINMAN 2,836.00 DICKSON,JAMES MONROE 4,745.80 DONALD, SCHLONDA CHANEL 2,074.00 DUPLECHAIN IRENE 1,166.72 DURHAM PEARL.ESTATE 1,325.00 DYCHE, FLOYD 1,280.00 EARNEST, CHARLES SR 1,078.48 EGLAND RAYMOND (DECEASED) 1,134.10 EGLAND, GENEVA 1,075.15 FENNEL, HELEN 1,159.00 FIDELITY FUNDING MORTGAGE 1,318.25 FONTENOT, MARION 1,070.00 FOSTER,TOMMY LEE 1,190.00 GALLOWAY, BOBBIE 1,180.00 GARDNER ROBERTA EST&MARY 1,164.00 GAYLES SYBIL 1,209.00 GAYLORD FLORENCE LOWANA E 1,670.90 GIBSON, ISABEL 1,123.50 GILES DOLORES 1,564.75 GOOD, CHRISTINE ESTATE 1,216.25 GRANGER, DANIELA 1,320.00 GREEN LUEDELL.A 2,460.50 GROGAN, LUCILLE 1,050.00 HAMILTON MILDRED L 1,265.50 HANCOCK, LILLIAN 1,330.00 HANDY J R 1,004.30 HANSHAW, BEULAH 1,045.20 HERRERA EUGENIO &SUSAN 1,212.00 HOLLYWOOD STREET BAPTIST 1,646.19 HOLMAN HARVEY 2,189.00 HOWARD AUSTIN 1,094.40 IDLEBIRD VIC 1,106.75 IDLEBIRD,VICTOR & HATTIE 1,190.69 JABEZ CUSTOM DEVELOPMENT 1,985.95 JACKSON FRANKIE D ESTATE 1,671.12 JOHNSON CLYDE SR 1,103.40 JOSEPH, BEVERLY& 1,304.00 JUDKINS, HARVEY JR 1,290.00 JULIUS, BEULAH SCOTT 1,023.40 KERN, HOWARD 1,201.87 KIBODEAUX, MARK 1,340.00 KILPATRICK R MRS EST 1,438.50 KNIGHTON BESSIE MARIE 1,294.19 LAMAR DEV CORP 1,399.45 LAMB CAROLYN F ET AL 3,737.50 LAMBERT, ANTHONY 1,270.00 LANDRY, GEORGE 1,270.00 LANDRY, L C ESTATE 1,339.00 LANE, BRUCE HENRY 1,280.00 LANE,JERRY 1,091.05 LEE, KESHIA 1,190.00 LINCOLN JOHN 1,039.20 LIVING, BRITNEY 1,180.00 LONDON OZIE: 1,165.25 LYONS, CHARLES 2,280.00 MAGEE, LEONARD WAYNE 1,083.25 MALDONADO, KRISTIN 2,380.00 MALONSON BRUSH, LAKEITHA SHUNT 1,290.00 MARMION ELLEN M 1,083.75 MARTIN THOMAS JOSEPH 1,556.50 MATTHEWS ENTERPRISES 1,888.00 MAYFIELD AUGUSTUS 1,139.70 MCFADDIN KENNETH RAY 1,225.00 MCGINNIS NATHANIEL H SR 1,261.80 MCKEE,TEEKY 1,830.00 MEEKS,TEDDY RAY 1,270.00 MESHELL,THOMAS 1,320.00 MILLER ERNEST& MAZIE EST 1,048.36 MILLER, DORETTA 1,250.00 MILTON TYLER KENT 1,060.00 MOLEN, MICHELLE 1,240.00 MONTAGUE, EMMERS 1,090.80 MUMUNI SUMAILA& NIXON AL 1,007.52 NAUGLE, ROBERT 1,890.00 NECHES LODGE NO 593 BPOE 1,234.40 NGUYEN, MAI 1,940.00 0 FIEL VIOLET G 1,300.00 O'BRIEN IRENE 1,075.00 OFFARD, CLAUDE 1,561.60 OSCAR INVESTMENTS INC 1,021.88 PAGE, EDDIE MAE 1,075.00 PALMER GWENDOLYN ANN 2,432.80 PARKER, MALCOLM & LA YELL 1,438.50 PARSONS ESTATE,JAMES A( 1,047.40 PATTERSON, ABE 1,457.50 PAULE RONALD G 1,001.25 PETERSON, BESSIE 1,350.00 PHILLIPS, KATIE 1,330.00 PIPPILLION MONEK 1,029.30 POULIASIS, NICHOLAS 1,330.00 POWELL, ANDREA 3,090.00 POWER INC 1,326.60 QUINCY, DAVID 1,040.00 R& B HOMES LLC 3,208.80 RAINWATER, GLENN 1,490.00 RAMIREZ,CITALI 1,290.00 RANDOLPH ALVIN G, DECEASE 1,227.14 REDEAUX JOHN JR 1,719.20 REED,ARLENE: 2,540.00 RHINE,TINA 1,260.00 RIOJAS, RICHARD 1,240.00 ROBERTS GEO ET UX 1,022.00 ROGERS, ISLEY 1,220.00 ROPER WASH MRS 1,104.72 RUBEN MORRIS 1 SR 1,099.72 RUIZ GENOVEVA R 1,106.50 RUIZ,JOSE 1,774.00 SAMUELS, SHANTELL 1,770.00 SANDERS DELMAR F ESTATE 1,457.50 SCOTT, BRANDY JOYCE 1,290.00 SHOULDERS, IVIAZELLA 1,220.00 SIEMENS JOSEPH 11431.80 SIGEE,TERRANC:E 1,075.00 SIMMONS JAMES 2,288.80 SIMMONS,JOYCE 1,300.00 SIMMONS, PHYDIRA 3,160.00 SMITH, BRITTANY 1,160.00 SMITH, MICHAEL 1,760.00 SNUFFER, ARLIND 1,290.00 SOUTHERN CROSS INVEST INC 1,060.00 SPAIN RICHARD 1,234.00 SPIKES OLIVIA 1,370.75 STRAHAN JAMES THOMAS MRS 1,163.75 STYLISH TRADITIONAL BUILD 1,706.25 TATUM MYRTLE: LAVERGNE 1,438.50 TERRELL LAVERT BLANCHETT 3,681.50 THIBODEAUX JOSEPH 2,481.08 THOMAS JOHN] 1,172.00 THOMAS LIEUTENANT 1,100.75 THORNTON,JAMES 1,150.00 THURSTON, SHANNA 1,340.00 TRAINER,CHERYL 1,590.00 TURNER L L 1,033.60 UNLIMITED OFFICE SOLUTION 1,153.95 UPSHAW GERALD A JR ET AL 1,523.75 VALLIER, WILBERT 1,380.00 VANDERBERG, KENNETH 1,310.00 VAUGHNS TERRELL JERONE 1,102.45 VAUGHNS,TERRELL JEROME 1,260.00 VISCARRA,ANNETTE 1,120.00 WALKER,JAMES 1,780.00 WARREN SHIRLEY 2,364.30 WASHINGTON SARAH 2'197.80 WASHINGTON TRAVOYLH 1,192S0 VVELLS, K|YANA 1,300.00 VV|LDE'THOMPSON' DONNA 4,660.00 VV|LL|AK43LULA 1,330.00 WILLIAMS, GEORGE 1,068.75 WILLIAMS, KELL| 3,700.00 WILLIAMS, NICOLE 1,190.00 WILSON LC ETUX 2'028.25 WILSON, NICOLE 3,220.00 VVOLFORDPAT 1'042D0 YOUNG, G|NA K8 1,146.50 ZENO.]OSEPH 1,240.00 ZENO' K4ARTEEN I,138.00 TOTAL 300,686.09 G RICH W11'R OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Qa PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing the sale of a partial interest in a City-owned property known as the Gilbert Building located at 328 Bowie Street. BACKGROUND Bids were received Thursday, September 15, 2013 for the sale of a 1/6 interest in the Gilbert Building property located at 328 Bowie Street. There was only one bidder on this property. The description and the bidder for the property are listed below: Address: 328 Bowie Street Legal: South '/2 of Lots 220 & 221, Block 42, Original Townsite of Beaumont Zoning: Central Business District, Commercial Name Bid Amount [Tom Flanagan $41,500.00 The City of Beaumont acquired the property at 328 Bowie Street on December 22, 1998, by a Gift Deed between Elizabeth Gilbert Fortune and the City of Beaumont. Mrs. Gilbert Fortune made the gift to the City with shares of Eli Lilly common stock equal in value to $62,500, together with a gift deed of her 1/6 interest in the Gilbert Building located at 328 Bowie. The City used the proceeds of the stock for the purchase of the other 5/6 interest in the Gilbert Building which is owned by Chase Bank of Texas, Trustee at the price of$62,500. The Gilbert Building was to be used as offices for the arts, cultural, historic preservation and similar charitable organizations within the City of Beaumont. However, the City of Beaumont was not able to use or maintain the building as desired by Elizabeth Gilbert Fortune. Failure to fulfill the wishes of the conveyance or a breach of the condition caused an automatic reversion and return of the property to the grantor, Chase Bank of Texas. By the explicit terms of the 1998 conveyance, on April 12, 2012, the City caused a Warranty Deed to be filed of record in the deed records of Jefferson County, Texas in favor of the grantor Capital One Bank, Successor in Interest to Chase Bank of Texas. The City retained its original 1/6 interest in the property. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. BID SHEET Sale of an Undivided;One-Sixth(1/6)Interest in Property Located at 328 Bowie St., Beaumont,Texas(Re-Bid) Bid No.PF0813-11 OUTLINE OF BID DATA: The undersigned, in compliance with(1)the terms and conditions of the Notice to Bidders, (2)the Instructions to Bidders,and(3)the Terms of Sale,all of which are incorporated as part of this bid,hereby offers and agrees that if this bid is accepted within thirty(30)calendar days after the date of bid opening,to purchase the property located as above described,PAYABLE IN CASH UPON CLOSING for the price of: LOCATION BID AMOUNT 328 Bowie St.,Beaumont,Texas ' (Jefferson County,Texas) Legal Description: South one-half(1/2)of Lots 220&221, There is NO Minimum Asking Price Block 42 of the Original Townsite of for this bid. Beaumont, Jefferson County, Texas Written Amount: NOTE: The City reserves the right to reject any or all bids or to accept any bid or combination of bids deemed advantageous to the City. NOTE: Information below MUST be submitted with your bid: NOTE: DEED will be transferred to the person or company listed below: BIDDER'S NAME Tom Flanagan BIDDER'S SIGNATURE I _ (Signature REQUIRED fqrfN4 to be accepted.) BIDDER'S-NAME N PRINTED FORM Tom Flanagan ADDRESS 595 Orleans-Suite 1510 CITY. STATE,ZIP Beaumont, TX 77701 TELEPHONE NUMBER 409-838-3425 FAX NUMBER 409-838-7507 E-M:1IL ADDRESS tom @jjflanagan.corri 12 - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, CITY OF BEAUMONT, a municipal corporation, domiciled in County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FORTY ONE THOUSAND FIVE HUNDRED AND NO/100 ($41,500.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the said TOM FLANAGAN, hereinafter called GRANTEE of the County of Jefferson, State of Texas, whose mailing address is 595 Orleans — Suite 1510, Beaumont, Texas 77701, title and interest to an undivided one-sixth (1/6) interest in and to the following described real property in Jefferson County, Texas, to wit: The South one-half(1/2) of both Lots 220 and 221 in Block 42 of the Original Townsite of Beaumont, Jefferson County, Texas, as shown on the plat thereof recorded in Vol. 448 Page 249, Deed Records, Jefferson County, Texas, said property being 60' in length along Pearl Street and 120' in length along Bowie Street. This conveyance is made subject to the following: 1 . All zoning laws, building codes and other regulations and ordinances of municipal, state and federal authorities, effecting the property. 2. All restrictions, easements, covenants, and conditions of record in the office of the County Clerk of Jefferson County, Texas, to the extent they are still in effect and relate to the above described property; and 3. All prior reservations, conveyances and severances of oil, gas, and other minerals, and royalties in oil, gas and other minerals of record in the office of the County Clerk of Jefferson County, Texas, relating to or affecting the above described property, together will all rights, priviledges, easements and immunities appurtenant therto, and together with all leases and assignments thereof, unit designations and pooling agreements relating to or affecting the above described property. The undivided one-sixth (1/6) interest in the property, including improvements, hereby conveyed is sold to Grantee AS IS and With ALL FAULTS; no warranties of any kind are implied in this transaction with respect to such property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds itself and its successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person whomsoever lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the .day of 12013. CITY OF BEAUMONT: By: Printed Name: Kyle Haves Title: City Manager ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON This instrument was acknowledged before me on this day of ' 2013, by Kyle Hayes, City:'.Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation Notary Public, State of Texas RETURN TO: Tom Flanagan 595 Orleans— Suite 1510 Beaumont, Texas 77701 EXHIBIT Gilbert Building 328 Bowie Street Corner of Bowie & Pearl Pearl Sueet r South Bowie Street,Beaurnont,TeKl I Inded Mates -, rr Photos' t � n ■I{ � $ ; qe� SL, 475 PEAR.L'STJ 470 PEARL ST ti i} 318 BOWIES , 0 441 ORLEANS ST 3411 BUUUIE ST 447 OkLEiNJS Si r 400 ORLEUNS ST 44: -IRLE4HS ST ate. E5 460 OF LENDS ST .. 501 Of RESOLUTION NO. WHEREAS, on September 15, 2013,the City of Beaumont received a single bid for the sale of a 1/6 interest the City owns in a property known as the Gilbert Building located at 328 Bowie Street; and WHEREAS, the City of Beaumont received a single bid from the following bidder in the amount shown: Purchaser: Tom Flanagan Bid Amount: $41,500.00 Address: 328 Bowie Street Legal: South Y2of Lots 220 & 221, Block 42, Original Townsite of Beaumont Zoning: Central Business District, Commercial and, WHEREAS, the property is no longer needed for the use of citizens as a community facility, nor does it have a potential for park, conservation, recreation or similar public purposes-, and, WHEREAS, the City of Beaumont wishes to sell the above property as shown; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a Special Warranty Deed for the conveyance of the 1/6 interest the City owns in the above-described property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames H €tI(Al wi I it OPPORTU VITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager QO PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution accepting the newly constructed Rotary Centennial Playground located at 600 Crockett St. and authorizing the City Manager to execute a transfer agreement with the Rotary Club of Beaumont conveying ownership of the playground improvements to the City. BACKGROUND The Rotary Club of Beaumont began the construction of a barrier-free playground in April 2013. The playground was constructed on land owned by the City at the corner of Neches and Crockett Streets. The fenced playground is open to all children but specifically targets disabled and younger children. The playground was a civic project of the Rotary Club utilizing Rotary members with the assistance of Mason Construction, Ltd. The playground improvements were manufactured by others and installed according to the manufacturer's installation requirements. The City has inspected the playground and is recommending that it be accepted. Upon acceptance, the City's Parks and Recreation Department will assume maintenance responsibilities. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of Resolution. RESOLUTION NO. WHEREAS, construction of the Rotary Centennial Playground located at 600 Crockett Street has been substantially complete; and, WHEREAS, the City has inspected the playground and is recommending that it be accepted; and, WHEREAS, a Transfer Agreement between the Rotary Club of Beaumont and the City of Beaumont is necessary to convey ownership of the playground improvements to the City; 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, BE IT RESOLVED THAT the Rotary Centennial Playground be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute a Transfer Agreement with the Rotary Club of Beaumont conveying ownership of the playground improvements to the City of Beaumont upon completion of the installation. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - RICH WITH OPPORTUNITY r I ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Qn PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Spindletop MHMR Services has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City off Beaumont. The easement is described as being a 0.1197 square foot acre tract out of the David Brown Survey, Abstract No. 5. The water line easement is for the new Spindletop 811 Center located at 2750 South 8"' Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Spindletop MHMR Services has agreed to convey one (1)ten foot(10') wide exclusive water line easement, said easement being a 0.1197 square foot acre tract out of the David Brown Survey, Abstract No. 5, as described in Exhibit "1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of facilitating the construction of the new Spindletop 811 Center located at 2750 South 8th Street; 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 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 the easement conveyed by Spindletop MHMR Services, as described in Exhibit"1" and shown on Exhibit"2," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SPINDLETOP MHMR SERVICES of the County of Jefferson, State of Texas 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 77704, Jefferson County, Texas, its successors and assigns, a Water Line 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 Exhibit "A". 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 ol"Beaumont shall have the right of ingress to and euress from the tracts of land hereinbefore described and use of the same for the EXHIBIT 1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate 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 BEAUMONI', its successors and assigns forever. EXECUTED this day of . 2013. GRANTOR: SPINDLETOP MHMR. SERVICES By: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared _ as of SPINDLETOP MHMR SERVICES, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same as the act of such corporation for the Purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2013. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy- Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz&Shipman INC. Consulting Engineers and Land Sunqory Ronald D. h1u., P.E., RRI.S.(15)48-1987) Donald R. King, P.E. Terr\,G.Shipman, P.E.,Chairm,in Walter J. Ksiazek, R.P.L.S, Billy J- Smith Jr, President EXHIBIT A, PAGE I OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EAEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 ,JEFFERSON COUNTY,TEXAS AUGUST 20,2013 That certain centerline description for a 10' wide exclusive water line easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1.876 acre tract described in a Deed of Trust between Spindletop Housing Corporation and Department of Housing and Urban Development as recorded in Clerks File No. 2013024175 of the Official Public Records of Jefferson County, Texas, said 1.876 acres being more particularly described by metes and bounds as follows: Note: Bearings are based on the east line of the said 1.876 acre tract being South 329.99 feet. COMMENCING at a capped iron rod found at the intersection of the west line of a 45' wide drainage easement and the south right-of-way line of Roberts Street for the northeast corner of the said 1.876 acre tract from which a capped iron rod found for the southeast corner of the said 1.876 acre tract bears South 329.99 feet (called South 329.99 feet),- THENCE North 89059'25" West along the said south right-of-way line of Roberts Street and the north line of the said 1.876 acre tract a distance of 58.48 feet (called North 89059'25"West) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a 1/2" iron rod found for the northeast corner of a tract conveyed to Rena Robinson Reed as recorded in Clerks File No. 9819596 of the Official Public Records of Jefferson County, Texas and an exterior corner of the said 1,876 acre tract bears North 89059'257' West 54.12 feet (called North 89"59'25" West); THENCE South along the said centerline of the 10' wide water line easement a distance of 264.42 feet to an angle point; Fiftz&Shipman, Inc. Page I of 2 Project No. 12030WtrEsmt Plat& Description 1405 Cornerstone Court - Beaumont, Texas 77706 - (409) 832-7238 • fax (409) 832-7303 T\ Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A, PAGE 2 OF 3 THENCE West along the said centerline of the 10' wide water line easement, at a distance of 34.41 feet pass a point for the POINT OF BEGINNING OF TAP A, from which the POINT OF TERMINATION of said TAP A bears North 13.00 feet, at a distance of 175.91 feet pass a point for the POINT OF BEGINNING OF TAP B, from which the POINT OF TERMINATION of said TAP B bears North 13.00 feet, and continuing a total distance of 241.21 feet to a point in the east right-of-way line of S. 8th Street and the west line of the said 1.876 acre tract for the POINT OF TERMINATION of the said 10' wide exclusive water line easement from which a '/2" iron rod found for the southwest corner of the said 1.876 acre tract bears South 00°02'50" West 65.82 feet (called South 00 002'50" West); This description is based on a survey made by Fittz & Shipman, Inc. during April 2013. 4�tor Walter J. Ksiazek/Registered Professional Land No. 5321 Fittz&Shipman,Inc. Page 2 of 2 Project No. 12030WtrE:srnt Plat& Description KMMIT A, PAGE 3 OF 3 FOUND 1" ROBERTS STREET COMMENCING IRON PIPE FOUND 1/2" (ASPHALT ROW) POINT FOUND 5/8" IRON ROD FOUND (CALLED S 89'58'01" E 75.17) IRON ROD (CALLED.N 89'59'25" W 112.50) CAPPED S 89*58b1" E 75.17 N 89'59'25" W 112.60 IRON ROD S 89'43'44° W112.53 54.12 1 58.48 (CALLED S 89'43'44" W 112.53) I 1\—POINT OF RENA ROBINSON REED BEGINNING CENTERLINE CLERKS FILE NO. 9819596, O.P.R.J.C. I, 10' WIDE n M EXCLUSIVE co N fO WATER LINE 04 to n EASEMENT < 01 3 w. 3 �M .aLJ r 3 Mo o� io sf o Do o o N p�^ z O � I,. z O° �p No O N u Z ( a w¢e m cv z v N a=n FOUND FOUND CAPPED CAPPED FOUND 112" IRON ROD IRON ROD (O v N IRON ROD O z — — — _— — (CALLED N 89'43'46' E 112.53) ° 01 m in w E- - _ _-- _ N 89'43'46" E 112.53 _ _ - _ -_ 0!-z w CITY OF BEAUMONT Of-E a 3 5' SEWER EASEMENT M m w 0 VOL. 810, PG, 464, D.R.J.C. o u O z Q 0 K ^I I O O F, K V)a m o L-C �_�i � G LT 5 a I an m� FOURTH STREET', ACRES ADDITION ^i VOL. 6, PG,l 99, M.R.J.C. 01 CQ 3 1.876 ACRES a 0 3 0] o Lo er Q BOO Q 0 65.30 z n ~ 141.50 z M m 34,41 JO ——— — — N POINT OF WEST 241.21 TERMINATION -CENTERLINE 0 CENTERLINE i 10' WIDE ui 10' WIDE EXCLUSIVE cO EXCLUSIVE WATER LINE WATER LINE FOUND 1/2" FOUND EASEMENT IRON ROD ® CAPPED EASEMENT 224.72 RON ROD 0.12' NORTH 75.02 112.65 S 89'57'17" W 299.74 (CALLED S 89'57'17' W 299.74) FOUND 112" FOUND IRON ROD NOW OR FORMERLY CAPPED MHMR OF SOUTHEAST TEXAS IRON ROD FILM CODE 101-89-2308. R.P.R.J.C. (APPROXIMATE 0.833 ACRE) SURVEYOR'S CERTIFICATION: U �J DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING APRIL 2013, 0 25 so WALTER J. KSIAZEK I 21 S C A L E REGISTERED PROFESSIONAL LAND SUP OR NO 5321 - Q'\PROJECTS\12030 - Spindletop Center\Survey\TASK 4\1203OWtrEsmt.dwg Aug 23, 2013 09'14am Fittz&Shipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. INC. PROJECT NAME: MHMR OF SOUTHEAST TEXAS 3 CTukuB -ldL-ld& )— d/b/a SPINDLETOP CENTER 1405 CORNERSTONE COURT, E BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX EXHIBIT "2" DATE'8-20-13 12030 J HiCH WITH OPPORTUNITY [I r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five foot (5') wide Exclusive Sanitary Sewer Easement. BACKGROUND Spindletop MHMR Services has agreed to convey a five foot(5') wide exclusive Sanitary Sewer Easement to the City of Beaumont. The easement is described as being a 0.0215 square foot acre tract out of the David Brown Survey, Abstract No. 5. The sanitary sewer easement is for the new Spindletop 811 Center located at 2750 South 8"' Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Spindletop MHMR Services has agreed to convey one (1)five foot (5') wide exclusive sanitary sewer easement, said easement being a 0.0215 square foot acre tract out of the David Brown Survey, Abstract No. 5, as described in Exhibit"1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of facilitating the construction of the new Spindletop 811 Center located at 2750 South 8`h Street; 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 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 the easement conveyed by Spindletop MHMR Services, as described in Exhibit"1" and shown on Exhibit"2," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT IT SPINDLETOP MHMR SERVICES, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under. over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" 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, removing sanitary sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract 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 the same as permitted by law. EXHIBIT 1" Grantor agrees riot to place any structures or appurtenances within the Easement Property. Grantee shall trot 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_ , 20 GRANTORS: SPINDLETOP MIJMR SERVICES By: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared of SPINDLETOP MHMR SERVICES, known to me to be tlae person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 20 Notary Public, State of Texas RETURN TO:City of Beaumont Antoinette Hardy- Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz&Shipman _ INC. Consulting Engineers and Land Surveyors Ronald D. Fitv_, P,E., R_P L.S. H a48-19£37) Donald R. King, P.E. Terry G.Shipman, P.E.,Chairman Walter J. Ksiazek, RTI.S. Billy). Smith 1,, President EXHIBIT A, PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.0215 ACRE TRACT FOR A 5' WIDE SANITARY SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS SEPTEMBER 10, 2013 That certain 0.0215 acre tract for a 5' wide sanitary sewer easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1.876 acre tract described in a Deed of Trust between Spindletop Housing Corporation and Department of Housing and Urban Development as recorded in Clerks File No. 2013024175 of the Official Public Records of Jefferson County, Texas, said 1.876 acres being more particularly described by metes and bounds as follows: Note: Bearings are based on the east line of the said 1.876 acre tract being South 329.99 feet. COMMENCING at a 1/2" iron rod found in the east right-of-way line of S. 8th Street for the northwest corner of a tract conveyed to MHMR of Southeast Texas as recorded in Film Code 101-89-2308 of the Real Property Records of Jefferson County, Texas and the southwest corner of the said 1.876 acre tract from which a capped iron rod found for the southeast corner of the said 1.876 acre tract bears North 89°57'17" East 299.74 feet (called North 89°57'17" East 299.74 feet); THENCE North 00 002'50" East along the said east right-of-way line of S. 8th Street and the west line of the said 1.876 acre tract a distance of 172.13 feet (called North 00 002'50" East) to a point for the southwest corner of the said 0.0215 acre tract and the POINT OF BEGINNING; THENCE North 00 002'50" East continuing along the said east right-of-way line of S. 8th Street and the west line of the said 1.876 and 0.0215 acre tracts a distance of 5.00 feet (called North 00 002'50" East) to a point for the southwest corner of a 5" wide sewer easement granted to the City of Beaumont as recorded in Volume 810, Page 464 of the Deed Records of Jefferson County, Texas and the northwest corner of the said 0.0215 Fittz&Shipman,Inc. Page 1 of 2 Project No. 12030SanEsmt Plat& Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 - fax (409) 832-7303 1 x Board of Prof engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A, PAGE 2 OF 3 acre tract from which a �/2" iron rod found for an angle point of the said 1.876 acre tract bears North 00 002'50" East 2.84 feet (called North 00°02'50" East); THENCE South 89°57'56" East along the south line of the said 5' wide sewer easement and a north line of the said 0.0215 acre tract a distance of 74.43 feet to a capped iron rod found for the southwest corner of a tract conveyed to Rena Robinson Reed as recorded in Clerks File No. 9819596 of the Official Public Records of Jefferson County, Texas an interior corner of the said 1.876 acre tract and an angle point of the said 0.0215 acre tract; THENCE North 89 043'46" East along the south line of the said Reed tract and a north line of the said 0.0215 acre tract a distance of 112.53 feet (called North 89 043'46" East 112.53 feet) to a capped iron rod found for the southeast corner of the said Reed tract, an interior corner of the said 1.876 acre tract and the northeast corner of the said 0.0215 acre tract from which a '/" iron rod found in the south right-of-way line of Roberts Street for the northeast corner of the said Reed tract and an exterior corner of the said 1.876 acre tract bears North 00 000'49" East 152.63 feet (called North 00 000'49" East 152.63 feet); THENCE South 00"16'14" East along the east line of the said 0.0215 acre tract a distance of 5.00 feet to a point for the southeast corner of the said 0.0215 acre tract; THENCE South 89°43'46" West along the south line of the said 0.0215 acre tract a distance of 112.54 feet to an angle point: THENCE North 89 057'56" West continuing along the south line of the said 0.0215 acre tract a distance of 74.45 feet to the POINT OF BEGINNING, and containing 0.0215 acre of land, more or less. This description is based on a survey made by Fittz & Shipman, Inc. during April 2013. cP�E,OF•TF, 5 Is rF9F•.�s Walter J. Ksiazek Registered Professional Lan Surveyor No. 321 """"'•••••••••' 9 Y ...WA ............ J.KSIAZEK*. %9 5321 z•oF �c,: � ••.•FS s�o•,. qN0 SURYE't�Q Fittz &Shipman, Inc. Page 2 of 2 Project No, 12030SanEsmt Plat& Description EXH03U A, PAGE 3 OF 3 FOUND 1" ROBERTS STREET IRON PIPE FOUND 112" (ASPHALT ROW) FOUND 5/8" IRON ROD FOUND (CALLED S 89'58'01" E 75.17) IRON ROD (CALLED N 89'59'25" W 112.60) CAPPED S 89'58'01" E 75.17 N 89'5925" W 112.60 IRON ROD S 89'43'44" W,112.53 ) (CALLED S 89'43'44"�W 112.53) RENA ROBINSON REED CLERKS FILE N0, 9819596, O.P.R.J.C. M" N nj j N - t 3 wr. m w v 3 ih9 0� d o °p N O z O 00 C)No o 0 0 J o O O e � p V1 a Z FOUND 112" IRON ROD FOUND FOUND_ H o CAPPED CAPPED W 2.84 CITY OF BEAUMONT N IRON ROD IRON ROD CITY OF BEAUMONT W 5' SEWER EASEMENT 5' SEWER EASEMENT m z a+ VOL 810, PG. 464, D.R.J.C. (CALLED N 89'43'46" E 112.53) ___i VOL. 810_ PG. 467, D.R.J.C. 01 of E- ———L2—— N 89'43'46" E 112.53 __ __ __ ___ - Z w m ----- — --------- L3 (Vza w L7 LS L4 M S m oC) C) EE-4�; POINT OF 5' WIDE NUMBER DIRECTION DISTANCE ° " BEGINNING SANITARY SEWER °' 5' WIDE EASEMENT L1 N 00'02'50" E 5.00 yvm a GQ SANITARY SEWER 0.0215 ACRE L2 S 89'57'56" E 74.43 EASEMENT L3 S 00'16'14" E 5.00 co 0.0215 ACRE L4 S 89.43'46" W 112.54 C c rn L5 N 89'57'56" W 74.45 CQ n ow I to 0 Lo N B _ 0 C zN n T °o LOT 8 LOT ? !OT 6 I_0 j �z FOURTH STREET, ACRES ADDITION VOL. 6, PG.,99, M.R.J.C, 1.8761 ACRES FOUND 1/2" �', FOUND IRON ROD 0 CAPPED 224.72 ON ROD FOUND 0.12' NORTH CAPPED 75.02 f 112.65 IRON ROD COMMENCING N 89'57'17" E 299.74 PRINT (CALLED N 89'57'17" E 299.74) FOUND 1/2" NOW OR FORMERLY IRON ROD MHMR OF SOUTHEAST TEXAS FILM CODE 101-89-2308, R.P.R.J.C. (APPROXIMATE O.B33 ACRE) SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE �. ON THE GROUND UNDER MY SUPERVISION DURING APRIL 2013. •�Pf S T, *lQ Fpl * 0 25 50 WALTER J• s® WALTER J. KSIAZEK ,,,�,,,,,,,•,,,,,,;KS�AZEK«� REGISTERED PROFESSIONAL LAND SU YOR NO. 5321 ti9 6321 C•!•«. O W J SURYE�O 0:\PROJECTS\12030- Spindletop Center\Survey\TASK 4\1203OSonEsmt.dwg Sep 11, 2013 03:03pm Fittz(oyAShipman 5' WIDE SANITARY SEWER EASEMENT SHEET 110. INC. PROJECT NAME: MHMR OF SOUTHEAST TEXAS 3 C—atrldrrgE,gtlens a„d Land Suvq— d/b/a SPINDLETOP CENTER TASK 07 1405 CORNERSTONE COURT, BEAUMONT, TEXAS RF.AUMONT, TEXAS PROJECT NO. (40) 832-7238 FAX (409) a 11 DATE"9-10-13 12030 - EXHIBIT 2 K HICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: Citv Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing the granting four (4) Pipeline License Agreements. BACKGROUND Enterprise Refined Products Company, LLC has requested permission to install four(4) different pipelines on the East side of US 69 in TXDOT right-of-way which will cross one (1) twelve inch (12") water line easement; on the East side of SH 347 in TXDOT right-of-way will cross one (1) eight inch (8") sanitary sewer easement and one (1) eight inch (8") water line easement within a portion of the city limits of Beaumont.. The pipeline license agreements will permit one (1) eight inch (8"), one (1) fourteen inch (14"), one (1) twenty inch (20") and one (1) thirty inch (30") refined product pipeline. The pipelines are for the purpose of transporting their refined products, and will be constructed in accordance with City requirements. FUNDING SOURCE There is a one-time fee of$500.00 for each Pipeline License Agreement and an annual fee of $2.25 per linear foot ofpipeline. RECOMMENDATION Approval of the 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 grant four (4) Pipeline License Agreements to Enterprise Refined Products Company, LLC, LLC, substantially in the form attached hereto as Exhibits "A," "B," "C," and "D" to install one (1) eight inch (8") pipeline, one (1) fourteen inch (14") pipeline, one (1) twenty inch (20") pipeline and one (1) thirty inch (30") refined product pipeline, respectively, which will cross one (1) twelve inch (12") water line easement on the East side of US 69 in the TxDOT right-of-way and will also cross one (1) eight inch (8") sanitary sewer easement and one (1) eight inch (8")water line easement on the East side of SH 347 in the TxDOT right-of-way within the city limits of Beaumont for the purpose of transporting refined products, said pipelines are to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Refined Products Company LLC Business Phone: C1 381-0396 Business Address:-Attn: Linda Matthews 1100 Louisiana St; Suite 1000-, Houston, TX 77002 The City of Beaumont,hereinafter called"City",for and in consideration of tl-,,e sum specified herein 5500 hereby grants to Enterprise Refined Products Company LLC —hereinafter called"Licensee",the license to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length(Linear Feet) US 69 - cast side in TXDOT ROW - 12" (no ROW) SH 347 - east sl'de_.I'n TX DOT ROW - 8" sewer and 8" water(no ROW) EXHIBIT "A" COST OF LICENSE: I'licensce shall make payment to the City of Beaumont as follows: o License Agreement fee- $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) ,ears, thereafter, to a level to be determined by the City Council or their delegated representative. All fees,including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to u1stomers located within the City; however, Licensee recognizes that should it sell product for resale fi•om this covered pipeline to customers within the City, it will be required to report such distribution and ANTheii, lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All. pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The .pipeline shall be constructed in such a mariner as approved by the City so as it,foes not interfere with the use of the City property. 2 The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or stonn drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline(see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Darnage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Z:) • Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. 0 Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. • Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Department)in advance. • Any construction -which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner{s} of the property involved. Written proof of said permission is to be provided to the City as pal t of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 Any licenses,permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity,then documentation regarding such will be provided to the City of Beaumont. z:1 Licensee shall provide copies of all necessary agreements to be obtained from.other City Departments, Licensee shall be responsible for acquiring all agreements necessary for the lawfu'.use of any private property. A map showing the location of the proposed pipeline shall be provided. (l"==2,000' City of Beaumont map or United States Geological Survey Map) The pipeline shall be maintained and operated in such a manner as not to leak, and/or cause damage to any City streets, alley, casements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department, Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all.costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the 'Texas DepaAment of Transportation. Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning inaintenanceorconstruction. The fee for such permits is in addition'i-.0 this Lieer,se Agreement fee. (See Cost of License) lns�--Ilution will be done. fii qcc�rdaric�—vitli all City standards f'11 statutes I d of the State of,'eras. 4 REQUIRED COVERAGE: 0 Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional hisured. Such policy shall provide for the follov?ing minimum coverage: • Bodily injuries: 300,000.00 per person $1,000,000.00 per incident • Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1)year fTom the date of completion of construction oftho pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and darnages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or em- loyees, arising from actions taken or occurrences under this license employees, agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect,damaged_ or injured by City or any of, its agents or employees in connection with the performance of any work or repairs that may be done apl,m the property mentioned here-in: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beauniont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for tl-.eCity, within the R.O.W. involved with this license. I Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W.involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (0) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any darnage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 6 ID Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. if the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense ariisir ga out n I of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other rig-lit-of- way. NOTIFICATION[INSPECTION: 0 Any and all work to be performed on City right-of-way (R,O,W.) shall be observed and inspected by a City representative. Any work to be perfenned within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines perm?.tted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. 0 Licersee shall notify the Engineering Division at least forty-eight (48) Engineering L, , , hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: NonassiQn.able This license is personal to the Licensee. It is nonassignable and any attempt to assign this Z� Z; license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty(30)days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee:- Enterprise Refined Products Company LLC P.O. Box 38'27 8'27 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St; Suite 1000 Attn: City Manager City and State of Licensee:Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer, In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licence's acceptance and approval of the conditions above set forth. 12\1 )AMNESS NVIFIEREOF, the City of Beaumont,Texas,has caused these presents to be signed by its City Manager and the seat of the City to be here-with affixed by the City Clerk-, this —_day of A.D.20 CITY OF BF-4UMONT. TEXAS Kyle Hayes,City Manager ATTEST: City Clerk APPLICANIT'S COWANY N.WE: (Licensee) Enterprise Refined Products ConT4nv LLC Repr rated by: J Age r *-;J 7 0 Title ATTEST: By:, 44eceW-retary \pipelines\\pipelinc—liceii:;e—agree 9 Revised 12-14-2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 wz r PIPELINE RV d e � (� �✓ 0> O Iflff a s t t f 2p 12M 0 �s e A epe E �.\ V ppOp hGI��Gff fM7G \s �`•,� _ '�® , oaks T� PROJECT ; o 0 LOCATION ' o ° �5`rF hcn A °• 7 Lo ® . �' 3 p 1 PROPOSED -- w a) 4°to> ENTERPRISE Ir E° ' PPRNrE o)o.�tbraBJ m far. ���(('O"�e (O �_(....� pfd ,•� (O� ` ,"� I. o (�)y" �°E�, /x(01 dat�)d���1 °a 01 ^� .�✓ r ,�'01 01 �a(�14^( 0) (0 ne(O(l� t✓lppb(ol` IBT r•! / NOTE: VICINITY MAP =" ALL BEARINGS AND COORDINATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE COORDINATE SYSTEM, W 83 SOUTH CENTRAL OUAO MAP: a ZONE US SURVEY FOOT AS DERNED FROM A GLOBAL rmm%mmmmm BEAUMONT EAST, TEXAS (30094-At) POSITIONING ' `GA T'� SURVEY. D�TANr� SHOWN HE B O RID o 1000' Z000' aaoo' NO. DATE EV. BY: REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E 4 VICINITY MAP PROPOSED 8" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT Y JEFFERSON COUNTY, TEXAS °7 J \\ DRAWN B:: TGH SHEET: 1 OF 4 ' CHKD./APPD. BY:MC SCALE: 1"=2000' -Morris P. Hebert, Inc. UPDATED BY: TH DATE: 09/09/13 SURVEYING•ENGINEERING•ENVIRONMENTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 P. BOx 3UrNE s4 C�1 CORPORATE ORUIVE LOUIS" ( 9SY�73t NJXk CITY. - 2( MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_8.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 <Z i T HOB ' r JAI r ppt'y..tl� a^F -A. 'ice= 13C�L01 a9d"..•o � � pl� �__ .� t IN � �.r"j ap'° r w \.���'-w(•' '",o- t�+r �•n :yam kR,,,,. 'a � IT � 'Ftt°"` °"I";w."?�..�'�y'�1 iX� ��.wa„ j�` "i��4�M'1., ( � S" rr ✓ �A`k ��s� } �� of SURVEY PERFORMED ON 05/13/2013. AN ON-iIE-(MOUND EFFORT HAS BEEN MADE TO LOCATE AND INDICATE ALL BELOW GUM FERROUS METAL CJ181E5, PIPELINES. UTILITIES,ETC. PLAN NOTE n CROSSED BY THE PROPOSED PR='.Howw DUE 10 DC NFERENT ALL TEARINGS S AN P COORDINATES REFER SYSTEM, LIMITATIONS Of ELECTRONIC MAGNETIC LOCATING EOUPMENT, GRAPHIC SCALE E MOM P. NEBERT. NC. 1S NOT RBP60M FOR ANY CABLES, NAO&T SOUTH CENTRAL ZONE US SURVEY FOOT a PI UNES, UTILITIES OR ANY OWD BELOW GROUND STRUCTURES AS DERNED FROM A GLOBAL POSITIONING SYSTEM (INCLUDING PVC)NOT LOCATED DURING THE COURSE OF THE SURVEY. 0 1000' 2000' 4000' R S)BASED ON SURVEY. DISTANCES SHOWN HEREIN 9 N0.I DATE IREV. BY:I REVISION 0 L: ENTERPRISE REFINED PRODUCTS COMPANY LLC PLAN PROPOSED 8" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT 0 JEFFERSON COUNTY, TEXAS m " DRAWN! BY; TGH SHEET: [ OF 4 CHKD. APPD. BY:MC SCALE: 1"=2000' UPDATED BY: TH DATE: 09/09/13 Morris P. Hebert, Inc. SURVEYINC•ENCIN££RINC•ENVIRONY£N7AL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 P S+D UNNERSAL CITY B A R D-U N N E R S A CaY.T E X A S 7 8 1 4 8 1' (2100366 9m j MPH CAD FILE: 1 1519 CITY OF BEAUMONT INSIDE–S.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 wl mga �yY 3 roe �' �, y'S > Ze,�, •� 3 .'��"' \ i M s s CL F J PLAN a N.T.S. INSIDE CITY UMITS— --j �— INSIDE CITY UMITS- HOD OPEN CUT HDD HDD HDD OPEN CUT OPEN o CUT D %H a O H J O •a_ m CU a 8'-10' MIN �o r� t 2' WATER 8'-10' MINA_ 8• WATER NATURAL GROUND v' 8" SEWER 25' MIN. a S' MIN. 5• MIN' PROFILE N.T.S. 0 N0.I DATE REV. BYA REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E TYPICAL PLAN AND PROFILE PROPOSED 8" ENTERPRISE PIPELINE r INSIDE THE E CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS to °' DRAWN BY: TGH SHEEaI: 3 OF 4 � Z. w w CHKD./APPD. BY:MC SCALE: NONE AL Morris P. Hebert, Inc. UPDATED BY: TH DATE: 09/09/13 o DATA BASE: 1151901 JOB NO. 1151901 � SURYEYINC ENGINEERING ENVIRONYENfAL SERVICES P1ELD SERVICES CIS P.O. BOX 3106 • 283 CORPORATE DRIVE•NDUMA LOUISNNA 70361 • (985)879-2731 1540 UNIVERSAL CITY SOULWX• UNIVERSAL CITY, TEIUIS 79148 • (210) 366-9350 MPH C4D FILE: 11519 CITY OF BEAUMONT INSIDE-8.DWG PROPOSED 8- ENTERPRISE PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 8" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD OUARTER OF 2014 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC EROTECTIO E 01 0 3.1 RECTIFIER IMPRESSED CURRENT IN 00 4.0 GONSTRUU10N METHOD 4.1 PIPELIINE WILL BE INSTALLED BY OPEN CUT AND HDID 5.0 OPEN CUT ANDIOR HDQ LINE PIPE 5.1 OUTSIDE DIAMETER: 8.625" 5.2 WALL THICKNESS: 0.322" 5.3 PIPE SPECIFICATION: API 5L C6 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X52 (52,000 PSI) 5.5 MATERIAL: CARBON STEEL C 5.6 PROCESS OF MANUFACTURE: HFW 'E 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) Z, O O E 140j DATE IREV. BY:l REVISION ENTERPRISE REFINED PRODUCTS COMPANY LLC 0 E PIPELINE DESIGN DATA ,RAWN 8' : TGH SHEET: 4 OF 4 CHKD./APPD. BY:MC SCALE: N/A aw am Z UPDATED BY: PF/MP DATE: 09/09/13 CL Morris P. Hebert, Inc. SURVEYING*ENGINEERING 0 ENVIROMMMAL SERWM*FIELD SERVICES-CIT DATA BASE: 1151901 JOB NO. 1151901 E *HOUMk LOUIS""36 - 5)879-2731 iARSAt CffY. TM 7814814 (2(1908)366-935MO UMPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-8..OW(;j '%— CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGIUMEMENT THE STATE OF TEXAS § COUNTY OF JF-FFERSON Business Name: Enterprise Refined Products Company LL.0 Business Phone: (713) 381-6396 BLisiness Address: A,tn: Linda Matthews 1100 Louisiana St; Suite 1000; Houston. TX 77002 The City of Beaumont, hereinafter called"City". for and in consideration of the sum specified Herein 5500 hereby grairts to Enterprise Refined Products Company LLC hereinafter called"Licensee",the license to lay,maintain., operate,replace,or remove a pipeline for the transportation of oil,gas,water, or their products, or:. or across the following property situated in the City of Beaumont, Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Street Name or R.O."'N, Description Length(Linear Feet) US 69 - east side in" 'XDOT ROW - 12" (no ROW) S1-I 347 - east side hi TX DOT ROW - 8" sewer,,ind 8" water(no R.OWA ,_ 1 EXHIBIT "B° COST OF LICENSE: Licensee shall make payment to the City of Beauniont as follows: 0 License Agreement fee - S500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every'ten (10)years, thereafter., to a level to be determined by the City Council or their delegated representative. All fees,including the first annual fee for linear foot usage shall be made to the C) Engineering Division and payable to the City of Beaumont prior to construction. This license is grained by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of affeement(see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and tlie regulations controlling the payment of such fee will be those as lm«fully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by-the City so as it does not interfere with the use of the City property. 2 The pipeline, shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or stone drainage lines, -unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipelhie shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the ZD I:) t:I pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be perfonned in such a manner that will cause ini:r1ii-nal inconvenience to the public. Licensee shall promptly restore the area.to as good a condition as before working thercon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. 0 Operations along roadways shall be perforined in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used Nvhich will damage any road surface or str-ictures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. 0 BalTicades, warning signs and lights, and flaU ersons shall be provided by the contractor or owner when necessary. Only Under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Department)in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission I by the uwner(s).of the property involved. Written proof of said permission is, to be Provided to the City as part of the application process. -Approval oftl-:Lis license agreem c,-,f excludes P-IrMission to do any construction on-oyoioeity which is not owned by the City of Beauniont. 3 Any licenses,permits or agreements required by another goveminclital entity (County, State or Federal.) shall be obtained and a copy of such document shall be provided to the City. if a.gI•cement is not required by said governmental ejAity,then documentation 1� regar6ng such will be provided to the City of Beaumont. * Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. * LiCC113eC shall be responsible for acquiritig all agreements necessary for the lawful use of any private property, * A map showing the location of the proposed pipeline shall be provided. (l"==2 400' City of Beaumont map or United States Geological Survey Map) * The pipeline shall be maintained and operated in such a mariner as not to leak and/or cause damage to any City streets, alloy, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department, Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it,s own cost, The Licensee shall be responsible for the cleanup and remediation of contarninated areas due to exposure or release of product and any and al I costs associated with said cleanup and remediation. 0 The - _,-icensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely -within the discretion of City ai)d/or the Texas Department of Transportation. 0 Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to be--nining Z11 maintenance or construction. The fee for such pennits is in addition to this LienseAgreement.J.'ec. (See..Cost ofLicense) Jiistaiiutioa will be done standards and statmes of the State of Texas. 4 REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance,including bodily injuries and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following mininun coverage: * Bodily injuries: S 300,000.00 per person $1,000,000.00 per incident * Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or Z:� modii'ication of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled. thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of I growing this agreement. The bond shall provide that it may not be cancelled, altered, or oil-terwise modified without giving fifteen(15)days prior written notice to the City. The bond shall be good and in effect for a period of on-- (1)year from the date of completion of construction of the pipeline. 0 Licensee shall indemnify, save and hold harmless the City of Beaumont fto,)a any and all claims for injuries and damages to persons or property occasioned by or arising i out of the construction, maintenance, operation, repair or removal of the pipeline. This iridcnmity expressly exter-ds to claims alleging negligence by the City of Beaumont, it's agents, officers or I employees, arising from actions taken or occurrences under this license agreement. © If the pipeline or any part thereof installed by Licensee shall be in any respect.damaged or injured by City or any of its agents or employees in corm.-ction with the performance of any work or repairs tbat may bi-, done ill', U11 thV property me.-A I u.i;-dd h,-,:c.i n: 5 -Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who C, shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OT HER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.:, fD City will use its best efforts to notify Licensee of any proposed -I posed construction and/or maintenance, to be done by City forces or by contract for the City, 'within theR.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W.involved with this license will be the responsibility of the company obtaining said pennit. Licensee shall mark the location- of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Sucli number, or charges to such number, will be provided to the City (Department of Public Works) mid kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, -through the phone number provided, such contact shall constitute notification for Licensee, to provide location of its lines. Failure, by Licensee, to respond wi-Na the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. 0 Ci-,-y reserves the right to lay, and to permit to be laid, sevror, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and casements, and to Change any curb or sidewalk or the, grade of any said streets. In doing,or permitting any such work, the City of Beaumont shall not be liable to Licensee i.or any daniage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any coatractorortbirdpY party who may be responsible for darnages to Licensee's _ facilities. 6 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or high-way along or over said street, or by reason of the location or manner of cotistructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed-necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be inade promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the chang� is demanded by the City for the benefit of any other person or private corporation:, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, :,nake such change immediately and at its mvii cost; it being understood that City ,will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner cf the pipeline where same is in a City street, alley, casement or other right-of- way. NOTIFICATION/INSPECTION: lViy and all work to be performed on City right-of-way (R,O.W.) shall be observed and inspected by a City representative. Adiy work to be peri"onnied within the City limits will be subject to periodic inspection to ensur(., compliance with construction, standards. 0 Licensee shall provide the City (Public Works Department - En2incering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City thventy-four (24') Tours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such arnounts will be reimbursed to the City. Lie,.-nsec shall notify the Engineering Division at least Forty-eight (48) hours prior to completion of work and removal of equipment fi-orn the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonass,ij_QnqbIg This license is personal to the Licensee. It is nonassignable and any attempt to assigla this license will termina:o the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified hen.-in is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, a-nd the reason for, ten-nination. Such notice shall be given not Jess than thirty(3 0)days I prior to the termination date therein specified, Any written notice may be effected either by personal de-livery or by registered or certified mail, postage prepaid with return receipt requested, Mail no vices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise Refined Products Company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: I 100 Louisiana St; Suite 1000 Attn: City 1V1magyer City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer, In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the CiI7. There will be no r-.irnbursenients. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN XXqTNF-SS WITE-REOF, the City of Beaumont,Texas,has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this __day of A.D.20 --. CITY OF BEAUMONT, TEXAS By: Kyle Hayes,City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAM l�: (Licensee) Enterprise Refined Products Qompany LLC Represented by: A, Title ATTEST: Secretary \p ipel in es\\pipel in e—li cen S e-aRree 9 Revised 12-14-2007 JEFFERSON COUNTY, TEXAS �✓ \ PELHAM HUMPHRIES SURVEY A-32 Z.W9 C"LLim C P/ X. PROPOSED m , $� t e 13-120 . I' ✓ woo /off 0 // n t V •� N_ PROPOSE PROJECT LOCATION t �✓ 'mot ( )� (C­�4 (�) ar \ r7' _ '° i`°I`„•�' "- ° y io} ati o� a o)% ,�.,Ir a O) �(„) A ll a (0) o. 0 °�.[.�t.0i� �;�a �� (O la _ �.� y�.\ �• a'. t NOTE: VICINITY MAP =” ALL BEARINGS AND COORDINATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE COORDINATE SYSTEM, NAD 83 SOUTH CENTRAL OUAD MAP: j PZONE US STATICC SURVEY. DISTANCES SHOWN BEAUMONT EAST, TEXAS (30094-A1) HEREIN ARE BASED ON GRID. 0 1000' 2000' 4000' v N0.I DATE IREV. BY:I REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC VICINITY MAP PROPOSED 14" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS CD DR/WN BY: TCN SHEET. I OF 4 ! w CHKO./APPD. BY: MC SCALE: 1”=2000' Y ! !♦a0 ! ! -Morris P. Hebert, Inc, UPDATED BY: PF/MP DATE: 09/09/13 SURVEYING•ENGINEERING-ENV/RONIIENTAL SERVICES-FIELD SERVICES-CIS DATA BASE: 1151901 JOB NO. 1151901 P.O. t 3 C�� * � 61 omuzsAL 283 ry BOnA n UN CITY. 78148 6 (210)36-930 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE—14REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 g� red NCY—W 41 v�r Vk �q �4t Y �K �T.,' �f^t•• 12s ���J`'+ty'4 �+X140'. `�1�,,. . v y o I, J a r„!Ry � LAT,��N30 0'1'16:95" A a SURVEY PERFORMED ON 05/13/2013, n AN ON-THE-GROUNO EFFORT HAS BEEN MADE TO LOCATE AND INDICATE ALL BELOW GROUND FERROUS METAL CABLES. PIPELINES,UTILITIES. ETC. PLAN NOTE: m CROSSED BY THE PROPOSED PROJECT;HOWEVER DUE 70 THE INHERENT ALL BEARINGS AND COORDINATES REFER TO LIMITATIONS OF ELECTRONIC MAGNETIC LOCATING EOUIPMENT, GRAPHIC SCALE THE TEXAS STATE PLANE COORDINATE SYSTEM, E NAD 83 SOUTH CENTRAL ZONE US SURVEY FOOT MORRIS P. FEBERT. INC. IS HOT RESPONSIBLE FOR ANY CABLES, _- AS DERIVED FROM A GLOBAL POSITIONNG SYSTEM j PIPELINES, UTILITIES OR ANY OTHER BELOW GROUND STRUCTURES (GP$) STATIC SURVEY. DISTANCES SHOWN HEREIN (INCLUDING PVC)N07 LOCATED DURING THE COURSE OF THE SURVEY. 0 1000' 2000' 4000' ARE a DON GRID. V NO.I DATE IREV. BYd REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC PLAN PROPOSED 14" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT m JEFFERSON COUNTY, TEXAS a DRL.WN E'Y: TGEI SHEET: OF 4 m mow. w w CHKD./APPD. BY: MC SCALE: 1"=2000' Morris P. Hebert, Inc. UPDATED BY: PF/MP DATE: 09/09/13 SURVEYING•ENCINEERINC•EhWI?OMMWAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 i P.O. BOX 3106 4 283 CORPORATE DRIVE •HOUMA. LOUISIANA 70361 • (985)879-2731 1540 UNIVERSAL CITY BOULEVARD•UNIVERSAL Cm, 7DAS 78148 • (210) 366-9350 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-I4REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 Ing woo r�.- � •§� °y����u o r !!.� i r/v Imo' . h 9 d ll "- � Y k y •v y, < P L AN N.T.S. n HOD INSIDE CITY LIMITS + I F+— INSIDE CITY LIMITS --I HDD OPEN CUT HOD OPEN v a HOD OPEN CUT C ZZ UT W 7 x Ln �s 0- E �- n y x� x� to h t m CJ o in N m Y Q 0 oa CL V d (_y wj _T CU NATURAL GROUND o� 8'-t0' MIN jOr�_ 72' WATER 8'-10' MIN/— 8" WATER ._ 1 .�-- 8" SEWER 25' MIN. 5' MIN.. PROFILE N,T,S. 0 NO,I DATE IREV. SY:1 REVISION o` ENTERPRISE REFINED PRODUCTS COMPANY LLC E TYPICAL PLAN AND PROFILE PROPOSED 14" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT g JEFFERSON COUNTY, TEXAS m DRAWN Sy: TCH SHEET7 3 OF 4 w CHKD./APPD. BY: MC SCALE: NONE UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SURVEYING•ENGINEERING•ENVIROMWENfAL SERVICES•FIELD SERVICES•GIS DATA BASE: 1151901 JOB NO. 1151901 P.O.80X 3106•283 CORPORATE DRIVE • HOUMk LOUSM 70361 • (985) 879-2731 1540 UNIVERSAL CDY BOULEVARD• UWAASAI CITY,TEXAS 78148 - (210)366-9350 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE—I4REVI.DWG PROPOSED 14" ENTERPRISE PIPELINE DESIGN DATA 1.0 GENERAL INFQRMATIQ 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 14" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD QUARTER 2014 2.0 PIPELINE DE51GN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 E 3.0 CATHODIC PROTECTION ai 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD rn 4-1 PIPELIINE WILL BE INSTALLED BY OPEN CUT AND HDD 5.0 OPEN CUT AN /OR HDD LINE PIPE 0. 5.1 OUTSIDE DIAMETER: 14" 01 5.2 WALL THICKNESS: 0.375" 3 5.3 PIPE SPECIFICATION: API SL 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X60 (60,000 PSI) 5.5 MATERIAL: CARBON STEEL V 5.6 PROCESS OF MANUFACTURE: HFW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) O rn NO.I DATE IREV. SY4 REVISION .x C ENTERPRISE REFINED PRODUCTS COMPANY LLC 0 0 E PIPELINE DESIGN DATA v 0 ao DRAWN 3Y: TGH SHEET: 4 Of 4 -Q& CHKD./APPD, BY:MC SCALE: N/A Z dw ammawsm am 2 aw-mm" Z UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SURVEYING•ENCINE910C•EIMEMENTAL SERVICES•PIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 P.O.BOX 3106 0 2113 CORPORATE DRIVE I H%)Mk LOUISM 70361 `2 985)879-27") =H CAD FILE: 11519 CITY OF BEAUMONT INSIDE—1 4REVI.DWG 1540 MWERSAL CITY WULEVARD I UNNERSk CITY.TEXAS 78148 * 0) 366-9350 CITY OF BEAUMONT APPLICATIO-i",T FOR PIPELINE LICENSE AGIZTM MENT T14E ST.NTE OF TEXAS § COUNTY OF JEY--L;RSON § Business Name: Enterprise Refined Products Company t:1.C Business Phone: (7 1) 381-6396_ Business Address: Alin: Linda Matthews 1100 Louisiana St, Suite 1000, Houston. TX 77002 The Cit,,of Beaumont,hereinafter called"City", for and in consideration of the stun specified specified herein $500 ( A91- U hereby grants to Z71 Enterprise Refined Products Company LLC hereinafter called"Licensee",the license as,).vater,g the transportation of oil, for LO lay,maintain,operate,replace,or remove a pipeline f ID or their products, m or across the following property situated in the City of Beaumont Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto and made apart hem)f for all purposes. Street Name or R.O.W. Description Length(Linear Feet) US 69 - cast side Iti TXDOT ROW - 12" (no ROW) S 34/ COST OF LICENSIE Licensee shall make payment to the City of Beaumont as follows: License Agreement fee- $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10)Y,-.aj:s, thereafter, to afevel to be determined by the City Council or their delegated representative. Z� All fees,incliLding the first annual fee for linear foot usage shall be made to the ing Engineer Division and payable to the City of Beaumont prior to Engineering construction, This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). GENERAL CONDITIONS: 0 Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee c that should it sell product for resale from this covered pipeline to customers withi:.i, the City, it Nvill be required to report such distribution and when lawElly required to do so, pay a street rental fee based on revenues. The our fee and the regulations controlling the payment of such fee will be those as ja�yRflly established by the ordinances of the City. 0 All pipelines crossing public rights-of-ivay shall be bored fi-om riZ__ht g -cf-way I line to right-of-way line. Within these limits, the pipeline shall be prcteeted by casing or other ni-ethod approved by the City and/or the Texas Department of Transportation. Fhe-pipeline shall be constructed in such a manner as approved by the City so as A(Ices not interfere with the use of the City property, 2 -timum the lo-" The pipeline shall be installed a mh Of five (5) feet below tJ , est existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades -and lines shall be indicated on neap submittal, as well as depth of proposed pipeline (see page 4). ZD The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintertamoo of the pipeline shall be coaTe*eted and the ditch gyr ade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. 0 Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minii-nal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. 0 Operations along roadways shall be performed in such a manner that all 1-1 excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedi-tres will be used which will darnage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by th,- owner of this line. :Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme cireutristances, as deemed necessary by the City Engineer, will open cutting ol ,-i street or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Department) in advance. Any construction which takes place in, on under, above, or across property not owned by the City shall require additional peri-nission, by the ownc�r(s)_ofthe property involved. Written proof of said permission is to be provided to the City as part of the application process, Approval of this license to 'fin a.,YY constructir.m.rm w1ii-cl, is not owned by the City of Beaumont. Any licenses,permits or agreements required by another goverrua-iental entity (County, State or Federal) shall be obtained and a copy of such docu'--nent shall be provided to the City. if agreement is not required by said governinental entity, then documentatioll regarding such will be provided to the City of B caurnont. Licensee shall provide copies of all necessary agreements to be obtained fi-oni other City Departments. 0 Licensee shall be responsible for acquiring all agaTeements necessary for the law-11 use of any private property. 0 A map showing the location of the proposed pipeline shall be provided. (I"==2,000' City of Beartmont map or United States Geological Survey Map) 0 The pipeline shall be maintained and operated in such a inarmcr as rot to leak, and/or cause damage to any City streets, alley, casements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported iminctdiately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist -vvith providing, any and all necessary notifications, evacr.ations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's ovai cost, * The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and al( costs associated with said cleanup and remediation. * The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation, * Peri-nits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beclilliiillcy maintenance or construction. The fee for such permits is in addition to this License Agreei-nent fee. (See CoA of License) * IIISILd11dLI0I:, ;viii iu-b- done in a,-:u,2- lnc: all City of the State of Texas. REQUIRIED COVE-FAGE: o Licensee shall furnish the City with a Ceitificatc, of Standard Liability Insurance, including bodily injuries and property dainage,naming the City of I Beaun-iont as an Additional Insured. Such policy shall provide for the rollowing iiiiiiiinum.coverage: • Bodily injuries: S 300,000.00 per person $1,000,000.00 per incident • Property Damage: 5IP01000.00 SucH insurance shall be maintained in force and effect during the construction Or required maintenance of the pipeline and during the life of the pipeline. Sue-1 certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beauniont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this aureement. The bond shall provide that it may not be cancelled, altered, or otli-Invise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1)year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont ftora any and all claims for injuries and damages to persons or property Oceds'oned by or arising out of the Construction, maintenance, operation, repair or removal of the pipeline. This indeumity expressly extends to claims alleging negligence by the City of'Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agroonlerit. If �h(, pipeline or any part thereof installed by Licensee shall be in any i,esi.)e(,I,.daniaged.or.,,iAj-qrpd by City_or any of its agents or employees in connection with the performance of any work or repairs that maybe done i.tpon J.,le pyopoi-i y 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beauniont for any such damage or injuries so stistained by it; however, said conditions shall not prevent Licensee from recovering against any Contractor who shall Iunage)--icerisee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENTANCE WI TI-TIN R.O,'\Y.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. I Notification, to Licensee, of other construction and/or maintenance perrnicted by the City and within the R.,O.W.involved with this license, will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification Of I)rOPOSCd Construction. Licensee shall maintain a local, or toll free, telephone, number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, Nvill be provided to the City (Dep,utrnent of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate wit-'ain this City R,OW. and which are required to provide notification of such work. 'When information has been relayed to Licensee, through the phon( number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond witbi i the required time franic shall alleviate the responsibility of the person(s) requiring the lines to be relocated. 0 City reserves the right to lay, and to permit to be laid, sewer, gas, water and ether pipes and cables, and to do or pi,-milt to be done any under •otind work that may be deemed to Ibc necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rigflils to recover damages against any con`/.actor o1r.third party-who, may be responsible for damages to Licensee's facilities, 6 o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground constriction for any purpose whatever, it shall be deemed necessary by City t) relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided,however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, :'alake such change im-1nediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any mamler cf the pipe Eae where same is in a City street, alley, easement or other right-of way. NOTIFICATIONT ANSPECTION: Any and all work to be performed on City right-of-way (R,O.W.) shall be obs,drved and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensue compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engine=ering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24,) .',tours prior to any street or R.O.W. crossing. A representative: will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. � Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of wort:and removal of equipment fiom the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassigna)le L— This license is personal to the Licensee. It is nonassi2nable and any attempt to assip-i this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreernent may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given net less than thirty(32 0)days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage, prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise Refined Products Company LLC P.O. Box 11327 Beaumont, Texas 77704 Address of Licensee: I 100 Louisiana St; Suite 1000 Aftn: City TvIanager City and State of icensce: Houston, TX 777002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There gill be no roirabursements. Comnonmuent of work on the pipeline by Licensee after the date;of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WIniESS WHEREOF, the City of Beaumont,Texas,has caused these presents to be signed by its City dab r and the seal of the City to be herewith affixed by the City Clerk, this __day of A.D-20 CITY OF BEAUMONT, TEXAS by:-- Kyle Hayes,City Manager ATTEST: City Clerk APPLICANTS COMPANY NAME: (Licensee) Enter rise Refried Products COMI)auv LLC Represented by: A je,,Tk- A—Y A7O 11 Title AT-fEST: ILI By,� Ser,retaly \pipe I ines\',pipel ine—lice nse:—aRree 9 Revised 12-1.4-2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 w CITY LMrN15 ��\f �• i j" J-' W� oU r' �� 1, - ✓- — --1�=' °r. (I !'�� PROPOSED t- f 0 110$ _ / m �.- OJ�lI Try- i i Qks PRO,lECT �- Y Vim. .1 tO�� r \• -P• � 0 � ' I LOCATION 1v f e�0 ► o o J/ " �f ; PROPOSED d.- 'i 20'PIPED E ..i.-o �� 0 1 _ r�� v Oli/. (�1 ar�0�7' .•. 01 Oil 1 111(0 VIV 01 .18 (k lk Q 1 0 r \ '• i q NOTE: VICINITY MAP ALL BEARINGS AND COORDINATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE COORDINATE SYSTEM. NAD W SOUTH CENTRAL OUAO MAP: a ZONE US SURVEY FOOT AS DERIVED FROM A GLOBAL BEAUMONT EAST. TEXAS (30094-A1) HEREIN ARE BASED PS) STATIC SURVEY. DISTANCES SHOWN 0 1000' 2000' 4000 b N C�0 c N0.I DATE IREV. BY: REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC w VICINITY MAP PROPOSED 20" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT m JEFFERSON COUNTY, TEXAS DRAWN BY: TC11 SHEET: 1 OF I CHKD./APPD. BY: MC SCALE: 1"=2000' UPDATED BY: PF/MP DATE: 09/09/13 — Morris P. Hebert, Inc. SORVEYINC•EACINEERINC•ENVIRONMENTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 v 5o �1 � t� 41 879-2731 4UNIVE aiY A D CITY. s s• (i 0)3 -9 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_20REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 H9 _ ate .• A ��`f ( �..•' r .44 Al uj- iX w,I 41� <139521 0:5 1 . o CD 2. r o �K 5 x, w +c^ e.. a SURVEY PERFORMED ON 05/13/2013. AN ON-THE-GROUND EFFORT PAS BEEN MADE TO LOCATE AND INDICATE ALL BELOW GROUND FERROUS METAL CABLES. PFEUNES. UTIUTES, ETC. PLAN NOTE: CROSSED BY THE PROPOSED PROJECT:HOWEVER DUE TO THE INHERENT ALL BEARINGS AND COORDINATES REFER TO LIMITATIONS OF ELECTRONIC MAGNETIC LOCATING EQUIPMENT, GRAPHIC SCALE THE TEXAS STATE PLANE COORDINATE SYSTEM. E MORRIS P. HEBERT. INC. IS NOT RESPONSIBLE FOR ANY CABLES. � MAD 83 SOUTH CENTRAL ZONE US SURVEY FOOT 0.. PPELMES, UTILITIES OR ANY OTHER BELOW GROUND STRUCTURES AS DERIVED FROM A GLOBAL POSITIONING SYSTEM AM a (INCLUDING PVC) NOT LOCATED DURING THE COURSE OF THE SURVEY. 0 1000' 2000 4000 ES)BASE OSURVEY. DISTANCES SHOWN HEREIN s i I N0.I DATE IREV. BY:I REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC PLAN PROPOSED 20" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS CD a { t DRAWN RY: TGN SHEET_ a wig �s w CHKD./APPD. BY: MC SCALE: 1•=2000' UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SURVEYING•ENCINEERINC•ENVIRONMENTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 P-0-540 UNIVERSAL cm BOULEVARD*iN IVER CRY,T 781481• (210) 366-9350 j MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_20REV1.pWG JEFFERSON COUNTY, TEXAS jP ELHAM HUMPHRIES SURVEY$' A-32 g 1 �rn 4 / CL J1� r 0 CL PLAN N.T.S. '� — INSIOE CITY LIMITS —•I - INSIDE CITY LIMITS N HDO OPEN CUT HDD OPEN HDD V J HDD OPEN CUT CUT a a h W W (n c j ~to Q V) j( E (n d m a O=iO� 0. S 0 h Vl d x 6 �_ ►- pa, Ca V m a J p N Y c 0-- a oj v rn 8'-10' MIN jOrr 12' WATER 8-1O MIN/— 8 WATER NATURAL GROUND 1 t( 8' SEWER 25' MIN. H E 5' MIN. a s MS"' PROFILE a N.T.S. a — ro N0.I DATE IREV. &Y:I REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC e TYPICAL PLAN AND PROFILE PROPOSED 20" ENTERPRISE PIPELINE INSIDE THE $ CITY LIMITS OF BEAUMONT m JEFFERSON COUNTY, TEXAS BY: '3X SHEET: 3 OF 4 e y �wr w w CHKD./APPD. BY: ABC SCALE: NONE C ° UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SURVEYING•ENGINEERING•ENVIRONMENTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 P.O. 3 CORPORATE �I 1�8 48 t � -2T3t 540 U CITY BOtnVA - UNWE � 7 - 2t10) 366 M MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-20REV1.DWG PROPOSED 20" ENTERPRISE PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 20" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD OUARTER OF 2014 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD.CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME 631.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 E .2 n 3.0 CATHODIC PROTECTION c; N 3.1 RECTIFIER IMPRESSED CURRENT n rn 4.0 !CONSTRUCTI.ON METHOD rn W 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT AND HDD a 0 0 5.0 BORE AND/OR HDD LINE PIPE 0. a 5.1 OUTSIDE DIAMETER: 20" 0 5.2 WALL THICKNESS: 0.500" d 5.3 PIPE SPECIFICATION: API 5L N 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) 9 5.5 MATERIAL: CARBON STEEL 5 5.6 PROCESS OF MANUFACTURE: HFW 0 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) do 30 TO 40 MILS ABRASION E RESISTANT OVERLAY (ARO) E 0 u 0 U F! a u d t V u e `o 0 E N0.I DATE IREV. BY:I REVISION 0 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC 0 PIPELINE DESIGN DATA u m DRAWM BY: T H SHEET: 1 OF 4 CHKD. APPD. BY: MC SCALE: N/A _Morris P. Hebert, Inc. UPDATED BY: PF/MP DATE: 09/09/13 SURVEYING"ENGINEERING•ENVIRONMENTAL SERVICES•FIELD SERVICES•GIS DATA BASE: 1151901 JOB NO. 1151901 P.O. 283 CORPORATE 06301 540 UNIVERSAL CITY BOULEVARD DRIVE ECrtr TEXAS 781 . (21 )36 95 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_20REVi.DWG CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF T.E-,5A Q 1* -1-31U § COUNTY OF JEFFERSON" § Business NainQ: Enterprise Refined Products Company LLC Business Phone: I 38I-6396 Business Address:,kttn: Linda Matthews 1100 Louisiana St; Suite 1000• TX -177002 The City of Boa-urnont, hereinafter called"City", for and in consideration of the sum specified herein S500 hereby graiits to tr Enterprise Refined Products Coiiipany LLC . —hereinafter called "Licensee",the license to Jay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,vvater, or their products, on or across the following property situated in the City of Beamnont, Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto and made apart hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) US 69 -..east side MTXLDo,r ROW- 12" (no ROW) Stl 347 - east side M TX DOT ROW - 8" sewer and 8" water(no ROW) EXHIBIT "ID" COST OF LICENTSE: Tlicenst,-c shall make payment to the City of Beaumont as follows: License Agreement fee- $500-00 Annual fee of $2.25 per linear foot ofipipeline located within City property. Said Tee shall be reset on January '31, 2011 and shall be reset every tell (10)}Fears, thereafter, to a.lovel to be determined by the City Council or their delegated representative. All fees,including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beatunont subject to conditions. Failure to comply with the following may result in termination of agreemerit(see page 8). 1 GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers withiri the City, it will be required to report such distribution and when lawftilly required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lmvfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-o-{-Way line --lo right-of-way line. Within these Iiinits, the pipeline shall be L protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so a a the use of the City property. s h-does not interfere with tI 2 -vv the lowest The pipeline shall be installed a ininin-win of five (5) feet below low t existing or proposed ditch grades, waterlines, sanitary sewer lines Or storm drainage lines, unless otherwise authorized by the City and/or Texas Depar-`nient of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor V -"7itI-,L sanitary sewer lines, waterlines, or other utilities, Darna,D g LI e to existing ditch grade during consnuctioii or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the C, condition and grade at -,A11iieh it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Exca ations necessar y for the construction, repair, or maintenance of the pipeline shall be perfornied in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are P en performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way featu,-es as a result of this installation will be borne by thc- owner of this line. Barricades, warning signs and lights, and fla-LIP ersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cuffing of a street or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Department) in advance. Any construction which takes place in, on under, above, Or LI-OFOSS property not owned by the City shall require additional permission by the of the property-involved. Written proof of said permission is to be provided to the City as part of the application process, Approval ofthis license eycludes rern-.tission +c in any—oi3qtrtlf-.tioD on property which is not owned by the City of Beaumont. Any licenses,permits or agreements required by another 47,goverru-nental entity (Couniy, State or Federal) shall be obtained and a copy of such document shall.be provided to the City. If agreement is not required by said governmental entity, then,doeumenfi.1tion roo,ard'iny such will be provided to the City ofBeaurnont. Licensee shall provide copies of all necessary agreements to be obtained frorn cthcr City Departments. Licensee shall be responsible for acquiring all agreements necessary fer the lawful use of any private property. A map showing the location of the proposed pipeline shall be provided. (1"==2.004' City of Beaumont map or United States Geological Survey Mal--)) The pipeline shall be maintained and operated in such a manner as not, to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repair--d inunediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The: Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City andJor the Texas Department of Transportation. Pemaj is which allow lines to be maintained or constructed in City right-of way shall be obtained by Licensee or it's contractor prior to beaftanincy maintenance orconstruction. The fee for such pein-lits is in addition to this License Agreowent,fee. (See Coast of License) V,4 f . Ins— do,1_,,: In accoreL�,-c c I- 911 Ci= A tcnd—.cL, and st-ul—s of the State of Texas. 4 EQUIRED COKEE R _-AGE: c" Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage,naming the City of Beat[Mont as an Additional Insured. Such policy shall provide for the follow, in g minimum coverage: • Bodily injuries: S 300,000.00 per person 51,000,000.00 per incident • Property lXrniagc: 51,009,009.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Suel"I certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with. the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen(15) days prior written notice to the City. The bond shall.be good and in.effect for a period of one (1)year from the date of completion of construction of-he pipeline. D Licensee shall indemnify, save and hold harmless the City of Beal.1mont from any and all claims for injuries and damages to persons or property occas:'oned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indern-nity expressly exton:ls to claims alleging negligence by the City ol" Beaurnont, it's agents, officers or employees, arising from actions taken or occurrences under this license agree.vent. 0 If iho, pipeline or any part thereof installed by Licensee shall be in any respect.,damaged or..injirred by City or any of; its agents or employees iri connection with the performance of any work or repairs That may be done ancl"_-M,-,PwF2tv rue. d,-m-A her.-:"_ 5 'Jeensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract ,vith the City. OTHER CONSTRUCTION/MAINTENANCE IA[ITHrNR.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or byeonfract for th.-.City, within theR.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permi-Aed by the City and within the R.0,W.involved -with this license will be t'lle responsibility of the company obtaining said permit. Licensee, shall mark the location of its lines within forty-eight (49) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such -work. When information has been relayed to Licensee, through the phone riurnber provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the persor(s) requiring the lines to be relocated. City reserves the right to lay, and to pen-nit to be laid, so-wer, gas, ,vater and o-Ier pipes and cables, and to do or permit to be done any underground work th at may be deerned to be necessary or proper by City in, across, alone,,, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets, In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any dainage occasioned; it being -understood that nothing herein shall be Z-1 Z-1 construed as foreclosing Licensee's rights to recover damages against any 0 11� -1 ec)iatr,,,ctoror,tl-iird party NYI-io may be responsibl-, for dainages to Licensee's facilities. 6 c Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing, drainage structures, water pipes, gas pipes, sewers, or other underground constnic-Lion for any purpose -whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline or Licensee thereto, such change shall be made prompilyby Licensee at its cost and without claim for reimbursement or damages against City. If the ehano(-, is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of 'Transportation, Licensee shall be reirnbursed ffilly by the person or corporation desiring or occasioning such change for any expense arising out off'such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a stair; or federal highway, Licensee,will, upon notice froth the City, :,nake such change irmnediately and at its own cost; it being understood that City will iiot participate in any part of the cost of my change involving relocation, altering, encasing, boring, or changing in any manner cf the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: Any end all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be perl'bimed within the City limits will be subject to periodic inspection to onsufo compliance with construction standards. Licon3ee, shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24') hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense or such inspection services may be _bi�Jed to the Licensee and such an-io-Lints will be, reimbursed to the City. Licensee shall notify he Engineering Division at least forty-eight (48) Y Z:D hours prior to completion of work and removal of equipment from thajob site tc permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable. This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination `rhis agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, iermination. Such notice shall be given not less than thirty(30)days priorto theterinination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail., postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follo'o.7s: "ify of Bea�-imont Name of License(-,. Enterprise Refined Products Company LLC j�' L .O. Box 38127 Beaumont, 'Texas 77704 Address of Licensee: 1100 Louisiana St; Suite 1000 -T and State of Licensee: Houston, TX 77002 t1n: City Manager City Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer, In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Ucensee after the dam of tiss f Wy executed fi shall be construed as evidence of Lice 's accepbmee and approval of the cowfitions above set forth.. IN WITNESS WHEREOF, the City of Beaumont Texas,h caused those presents signed by its City meager and the seal of the City to be herewith affixed by the City Cledc, tihis ­day of ,AD.20 CITY OF BEAUMONT, TEXAS By:—_ Kyle Hayes,City Manager City clert:: .PPLICA W'S COMPANY NAME': Peewee) Enterprise Refined Products Cggan jny LLC Represented by: Title ATTEST- By:, { ecretaty \pipelines\\pipeline license agree 9 Revised 12-14-2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 aTy W V - __ b /I3(y PrELtE W �� c o r JIT e. d s d;0 �c;'/.+''1? a •v tpellf,>�.� 1 1�z �,�( �� f N - PROPOSED ENTEFFRIISE -r °' •CS t Qks / � h �<� X40 / �(j I: � �:� ;✓ ro` � f, PROJECT d 3-I2 �� LOCATION / 0 1a�Iv l,/-r✓" o)F,�{o 1° �, C ,� 4 k3,�m, !I\71- °a PROPS h�O) 0 r0 �l/ {' • ice `` ENTERPRIS Nk E c 37 PM'9.YdE o).�+gip 1FCp 4 /r(o) °�✓) �: • ; . o O I I`. Y� °/ rF°,'''^ yeti ) Co a(0' IN h V Ola'S•a�.0i) I' �!(!(O� 4°yt04', �' —�r Oho-�O(�, '1 J8 !• ��. L01 VICINITY MAP / NOTE: ALL BEARINGS AND COORDINATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE COOROWATE SYSTEM, NAD 83 SOUTH CENTRAL OUAD MAP: o ZONE US SURVEY FOOT AS DERIVED FROM A GLOBAL BEAUMONT EAST, TEXAS (30094-A1) rn HEREIN 8 E0 OµGPSp TATIC SURVEY. DISTANCES SHOWN 0 1000 2000' 4000 s — 140. DATE IRV. BY:I REVISION `0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E w VICINITY MAP PROPOSED 30" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT g JEFFERSON COUNTY, TEXAS m O1 �� DRAWN °Y: TCH spr-cT- 1 OF 4 r CHKD./APPD. BY: MC SCALE: 1"=2000' Morris P. Hebert, Inc. UPDATED BY: PF/MP DATE: 09/09/13 SURVEYING•ENCINEERlNC•ENVIRDNYENTAL SERVICES•FIELD SERyiCES•C!S DATA BASE: 1151901 JOB NO. 1151901 P.O.40 U 3106 CITY CORPORA-RIVE Mr�I�7814 T1(2 0 366-9350 1 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-30REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 n co W i ti r � � x GI1194A2 33 � 1 �> �'',.� ,,j * w„\�\ •tom\. - oI SURVEY PERFORMED ON 05/13/2013. AN ON-THE-GR=EFFORT HAS BEEN MADE TO LOCATE AND INDICATE ALL BELOW GROUND FERROUS METAL CABLES. PFEINES,UTILIM. ETC. PLAN NOTE: CROSSED BY THE PROPOSED PROJECT; HOWEVER DUE TO THE INHERENT ALL BEARINGS AND COORDINATES REFER TO LIMITATIONS OF ELECTRONIC MAGNETIC LOCATING EOUIPMENT. GRAPHIC SCALE THE TEXAS STATE PLANE COORDINATE SYSTEM, MORRIS P. HEBERT. INC. 5 NOT RESPONSBLE FOR MY CABLES, HAD 83 SOUTH CENTRAL ZONE US SURVEY FOOT o —� AS DERIVED FROM A GLOBAL POSITIONING SYSTEM aPIPELINES. UTILITIES OR ANY OTHER BELOW GROUND STRUCTURES (GPS) STATIC SURVEY. DISTANCES SHOWN HEREIN t (INCLUDING PVC)NOT LOCATED MOM THE COURSE OF THE SURVEY. 0 1000' 2000' 4000' ARE BASED ON GRID. v NO.I DATE REV. eY:l REVISION o ENTERPRISE REFINED PRODUCTS COMPANY UC PLAN PROPOSED 30" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT m JEFFERSON COUNTY, TEXAS m = DRAWN BY: TG}' SHEET: 2 OF A, CHKD./APPD. BY: MC SCALE: 1°=2000' UPDATED BY: PF/MP DATE: 09/09/13 a _Morris P. Hebert, Inc. SURVEYING•ENGINEERING•ENVIRONMWAL SERVICES•FIELD SERVICES•CIS DATA EASE: 1151901 JOB NO. 1151901 P.O.BOX 3106• 283 CORPORATE DRIVE • HOUMA. LWSIANA 70361 • (985)819-2731 1540 UNIVERSAL CITY BOULEVARD • umwirAI CITY,TEXAS 78148 • (210) 366-93W MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-30REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 101 � I� � r•{�G 'r ,. � � '4 �r ` VfY Fyr+ TnBLI�_ of I- r 3 PLAN N.T.S. o' INSIDE CITY LIMITS +-I INSIDE CITY LIMITS n HOD OPEN CJT HDD HOD v a _HOD--OPEN CUT OPEN CUT W r- r E 0 �a p a 070 a�a o' x2 1- 4a ap,Z QV CD Y Q- QU �j V i NATURAL GROUND o, 8'-10' MIN 10�� 12' WATER B'-10' MINA— 8' WATER �✓ 8" SEWER � 25' MIN. a a 5' MIN' PROFILE } N.T.S. 1 N0.I DATE IREV. 8Y:I REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E TYPICAL PLAN AND PROFILE PROPOSED 30" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS m ^,RAV N BY„ TGH SHEET: 3 OF CHKD./APPD. BY: MC SCALE: NONE AL Z v ° ° UPDATED BY: PF/MP DATE: 09/09/13 CL Morris P. Hebert, Inc. SURVEYING•ENGINEERING•ENVIRONMENTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 P.O. 3NNER4�L 283 Y CORPORAARD-llt6laM CIY�78118� (21 356993501 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_30REV1.DWG PROPOSED 30" ENTERPRISE PIPELINE DESIQN DATA 1.0 GENERAL INFORMATIO 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 30" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD OUARTER OF 2014 2.0 PIPELINE DESIGN DAT 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIOUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME 831.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 2. 3.0 CATHODIC PROTECTLQ co 3.1 RECTIFIER IMPRESSED CURRENT 4.1 PIPELIINE WILL BE INSTALLED BY OPEN CUT AND HDD 5.0 OPEN CUT ND/OR HQQ LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.625" 5.3 PIPE SPECIFICATION: API 5L 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE- DSAW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) Ca E NO.I DATE IREV.-BY:] REVISION C ENTERPRISE REFINED PRODUCTS COMPANY LLC PIPELINE DESIGN DATA CD ANN- CHKDJAPPO. BY: MC SCALE: N/A DATE: 09/09/13 UPDATED BY: PF/MP ��Morris P. Hebert, Inc. SURVEYING ENCIRECRINC,*E#VlfiOjvMfA7AL SERVICES*rIELD SERVICes*CIS BASE: 1151901 JOB NO. 1151901 P.O BOX 3106*283 CORPORATE DOVE* H%W LOUGM 70361 - (9M)$79-21731 5j1540 UWaSAL CITY WULEVARO 4 UNKKk CffY,TD4 78148 0 (210)366-93 0 L MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-30REV1.DWG L RICH WITH OPPORTUNITY r T • E • X . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart Public Works Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Public Highway At-Grade Crossing Improvement Agreement between Union Pacific Railroad Company and City of Beaumont for the Washington Blvd. Project (Amarillo Street to M L King Parkway). BACKGROUND The City of Beaumont. is preparing to go out for bids on the Washington Boulevard Pavement and Drainage Improvement Project. The existing railroad crossing is within the limits of the project. This Agreement is for the purpose of having access to construct the new roadway pavement inside Union Pacific Railroad Company property in accordance with the Railroad Company requirements. There is a one-time fee of$1,000.00 payable to Union Pacific Railroad Company for the execution of the Agreement. FUNDING SOURCE Beaumont Municipal Oil and Gas Revenues. 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 Highway At- Grade Crossing Improvement Agreement with Union Pacific Railroad Company, of Omaha, Nebraska, in the amount of $1,000 to allow access for construction of new roadway pavement inside Union Pacific Railroad Company property for the Washington Boulevard Pavement and Drainage Improvement Project. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - UPRR Folder No. 2294-65 PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BETWEEN UNION PACIFIC RAILROAD COMPANY AND THE CITY OF BEAUMONT COVERING THE SURFACE REHABILITAITON OF THE APPROACHES OF THE EXISTING WASHINGTON BOULEVARD AT-GRADE PUBLIC ROAD CROSSING (DOT NO. 762-558J) AT RAILROAD MILE POST 28.43 — SABINE INDUSTRIAL LEAD IN BEAUMONT, JEFFERSON COUNTY, TEXAS EXHIBIT °A" City Original Union Pacific Railroad Company EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA° Form Approved:AVP-Law UPRR Folder No.: 2294-65 UPRR Audit No. 235157 EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT THIS AGREEMENT is made as of the day of , 20__, by and between UNION PACIFIC RAILROAD COMPANY,a Delaware corporation,or its predecessor in interest,with a mailing address at 1400 Douglas Street,MS 1690, Omaha,Nebraska,68179-1690 ("Railroad"), and the CITY OF BEAUMONT, a Texas municipal corporation with a mailing address at PO BoX 3827, Beaumont, Texas 77704 ("City"). RECITALS: Presently,the City utilizes the Railroad's property for the existing Washington Boulevard at- grade public road crossing, (DOT No. 762-558J), at Railroad's Mile Post 28.43 on it's Sabine Industrial Lead, in Beaumont, Jefferson County, Texas (hereinafter the "Roadway"). The City now desires to undertake as its project(the"Project")the surface rehabilitation of the approaches of the existing Roadway. The existing aforementioned roadway, as improved is hereinafter the"Roadway"and where the Roadway crosses the Railroad's property is the"Crossing Area" in the location shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby made a part hereof. The Railroad and the City and entering into this agreement to cover the above. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: SECTION 1. The exhibits below are attached hereto and hereby made a part hereof. Exhibit A Railroad Location Print Exhibit B General Terms and Conditions Exhibit C Railroad's Form of Contractor's Right of Entry Agreement SECTION 2. The General Terms and Conditions marked Exhibit B,are attached hereto and hereby made a part hereof. SECTION 3. The Railroad,at City's expense, shall furnish all labor,material,equipment and supervision 2294-65 City of Beaumont,TX Page 1 of 4 July 23,2013 Washington Boulevard Union Pacific Railroad Company EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA° Form Approved:AVP Law for the Roadway improvement Project located within 25-feet of the nearest rail. SECTION 4. A. The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications and submit such plans and specifications to the Railroad's Assistant Vice President Engineering—Design, or his authorized representative, for review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering—Design,or his authorized representative,are hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. Notwithstanding the Railroad's approval of the Plans,the Railroad shall not be responsible for the pennitting, design, details or construction of the Roadway. SECTION 5. The Railroad,at the City's expense, shall maintain the crossing between the track tie ends. If, in the future,the City elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking,the Railroad,at City's expense, shall install such replacement surfacing. SECTION 6. A. The City,at its sole cost and expense,shall provide traffic control,barricades,and all detour signing for the crossing work,provide all labor,material and equipment to install concrete or asphalt street approaches,and if required,will install advanced warning signs,and pavement markings in compliance and conformance with the Manual on Uniform Traffic Control Devices. B. The City, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the track tie ends. SECTION 7. If City's contractor(s)is/are performing any work described in Section 4 above,then the City shall require its contractor(s) to execute the Railroad's standard and current form of Contractor's Right of Entry Agreement attached hereto as Exhibit C. City acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms,provisions,and requirements, and will inform its contractor(s)of the need to execute the Agreement. Under no circumstances will the City's contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement. 2294-65 City of Beaumont,TX Page 2 of 4 July 23, 2013 Washington Boulevard Union Pacific Railroad Company prn� EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICK .­q Form Approved:AVP-Law Up SECTION 8. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City or its contractor(s) shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the City or its contractor(s). If it is, City or its contractor(s)will telephone the teleconu-nunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. The City,for'tself and for its success d assigns,her by waives any right assessment cc a' weer, ma against the Railroad, s an adjacent property for any and I improvements ma under this agreement SECTION 10. Covenants herein shall inure to or bind each party's successors and assigns;provided,no right of the City shall be transferred or assigned,either voluntarily or involuntarily,except by express prior written consent of the Railroad. SECTION 11. The City shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order,Resolution,or Ordinance of the governing body of the City,passed and approved as by law prescribed,and duly certified,evidencing the authority of the person executing this agreement on behalf of the City with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by City. SECTION 12. Upon execution and delivery of this Agreement, the City shall pay to the Railroad an administrative handling charge of ONE THOUSAND HUNDRED DOLLARS ($1,000.00). SECTION 13. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. If the City will be receiving American Recovery and Reinvestment Act("ARRA")funding for the Project, the City agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The City confirms and acknowledges that Section 1512 ofthe ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal goverm-nent-and, therefore, (i)the ARRA reporting requirements are the responsibility of the City and not of the Railroad and(ii)the City shall not delegate any ARRA reporting responsibilities to the Railroad. The City also confirms and acknowledges that(i) the Railroad shall provide to the City the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project 2294-65 City of Beaumont,TX Page 3 of 4 July 23, 2013 Washington Boulevard Union Pacific Railroad Company EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA° Form Approved:AVP-Law including the Railroad's standard and customary documentation to support such billing and(ii)such standard and customary billing and documentation from the Railroad provides the information needed by the City to perform and complete the ARRA reporting documents. The Railroad confirms that the City and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project. IN WITNESS WHEREOF,the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID#94-6001323) By: PAUL G. FARRELL Senior Manager Contracts WITNESS: CITY OF BEAUMONT By Printed Name: Title: 2294-65 City of Beaumont,TX Page 4 of 4 July 23, 2013 Washington Boulevard EXHIBIT A To Existing At-Grade Public Highway Crossing Improvement Agreement Cover Sheet for the Railroad Location Print i RAILROAD LOCATION PRINT W_*_E ACCOMPANYING A y MAINTENANCE CONSENT LETTER S I Track Network Overlay 1.ArcE r , o Q , Washington Boulevard —DOT#762-558J ; RR MP 28.43—Sabine Industrial Lead I �._ Proposed surface rehabilitation of the i m approaches of an existing at-grade public road crossing ` 6< m u1i4[ t a cxtth.0land St___ 1000,,ft copOight(c�2013, Union Pacific rn RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" 1. Flagging. UNION PACIFIC RAILROAD COMPANY NOTICE: SABINE INDUSTRIAL LEAD The City and/or its Contractor are responsible for ensuring that RAILROAD MILE POST 28.43 the surface rehabilitation project doesn't adversely impact the GPS:N 30.05590647°;W 94.10523264° crossing surface,nor Railroad operations. BEAUMONT,JEFFERSON CO.,TX. To accompany a Maintenance Consent Letter to the CITY OF BEAUMONT for the surface rehabilitation of the approaches of an existing at-grade public road crossing. UPRR Folder No. 2294-65 Date: July 23,2013 WARNING IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE_ PHONE: 1-(800)336-9193 Exhibit A Railroad Location Print EXHIBIT B To Existing At-Grade Public Highway Crossing Improvement Agreement Cover Sheet for the General Terms & Conditions Union Pacific Railroad Company EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA" Form Approved:AVP-Law EXHIBIT B TO EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT GENERAL TERMS AND CONDITIONS SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The City shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the City shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the City for the purpose of conveying electric power or communications incidental to the City's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the City to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area,the City shall,at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights(whether public or private),recorded or unrecorded, and also to any renewals thereof. The City shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the City at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation,the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so,the City will assume,bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction,maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project,the City will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The City,at its expense,will apply for and obtain all public authority required by law,ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the City, at its expense, will furnish all necessary labor, material and equipment,and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the City shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the City upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the City shall be performed diligently and completed within a reasonable time. No part of the General Terms&Conditions Page 1 of 5 Standard Form Approved,AVP-Law 06/01/10 Exhibit B Union Pacific Railroad Company EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA° Form Approved:AVP-Law Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the City. The City hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the City, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the City is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the City at the City's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the City of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the City shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The City shall, at its own sole expense, maintain, repair, and renew,or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway,except the portions between the track tie ends,which shall be maintained by and at the expense of the Railroad. B. If, in the future, the City elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the Railroad, at the City's expense,shall install such replacement surfacing, and in the future,to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area,the City shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any, portion of the track(s) located within the Crossing Area, the City shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both,the parties will apportion the expense incidental thereto between themselves by negotiation,agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the City that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the City shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority;and all references in this Agreement to work of the City shall include work both within and outside of the Railroad's property. General Terms&Conditions Page 2 of 5 Exhibit B Standard Form Approved,AVP-Law 06/01/10 Union Pacific Railroad Company EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA Form Approved:AVP-Law B. Entry on to Railroad's Property by City. If the City's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the City shall first provide at least ten (10)working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property, the City, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including,without limitation,the City's employees,or damage to any property or equipment(collectively the"Loss")that arises from the presence or activities of City's employees on Railroad's property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the City's employees need to enter Railroad's property as provided in Paragraph B above,the City agrees to notify the Railroad Representative at least thirty(30)working days in advance of proposed performance of any work by City in which any person or equipment will be within twenty-five (25)feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five(25)feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five(25)feet of any of Railroad's track(s)at any time,for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform City whether a flagman need be present and whether City needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill City for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, City agrees that City is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare,supplemental sickness, Railroad Retirement and unemployment compensation,supplemental pension, Employees Liability and Property Damage and Administration will be included,computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, City shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though City may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, City must provide Railroad a minimum of five(5)days notice prior to the cessation of the need for a flagman. If five (5)days notice of cessation is not given, City will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty(30)days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The City shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The City shall use only such methods as are consistent with safety, both as concerns the City, the City's agents and employees,the officers, agents, employees and property of the Railroad and the public in general.The City(without limiting the generality of the foregoing)shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the City to comply with any such laws, regulations,and enactments,shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the City shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The City further agrees in the event of any such action,upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The City shall not do, suffer or permit anything which will or may obstruct, endanger, General Terms&Conditions Page 3 of 5 Standard Form Approved,AVP-Law 06/01/10 Exhibit B Union Pacific Railroad Company EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA" Form Approved:AVP-Law interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The City, at its own expense, shall adequately police and supervise all work to be performed by the City, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the City for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the City with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the City will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the City's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the City is being or is about to be done or prosecuted without due regard and precaution for safety and security, the City shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The City shall not cause,suffer or permit material or debris to be deposited or cast upon,or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the City at the City's own expense or by the Railroad at the expense of the City. The City shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The City shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services,which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof,the"vicinity of the Railroad's property"shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The City shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock,or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The City shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The City, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the City in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The City, at the City's own expense,shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The City, at the City's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the City, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The City shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the City shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the City. If it is, City will telephone General Terms&Conditions Page 4 of 5 Standard Form Approved,AVP-Law 06/01/10 Exhibit B Union Pacific Railroad Company EXISTING AT-GRADE PUBLIC HIGHWAY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA" Form Approved:AVP-Law 0 the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the City, or by agreement between the parties,that new or improved train activated warning devices should be installed at the Crossing Area, the City shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad,so far as they relate to the items of expense for the materials to be provided by Railroad under this Project,or are associated with the work to be performed by Railroad under this Project,shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of City for a period of three (3)years following the date of Railroad's last billing sent to City. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the City shall fail, refuse or neglect to perform and abide by the terms of this Agreement,the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the City will reimburse the Railroad for the expenses thereof. B. Nonuse by the City of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad,work a termination of this Agreement and of all rights of the City hereunder. C. The City will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights,obligations or liabilities of the parties, accrued or otherwise,which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the City and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the City shall not affect or impair any right arising from any subsequent default.This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the City and the Railroad and cancel and supersede any prior negotiations,understandings or agreements,whether written or oral, with respect to the work or any part thereof. General Terms&Conditions Page 5 of 5 Standard Form Approved,AVP-Law 06/01/10 Exhibit B EXHIBIT C To Existing At-Grade Public Highway Crossing Improvement Agreement Cover Sheet for the Form of Contractor's Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA° Form Approved:AVP Law 03/01/2013 UPRR Folder No. (Folder Number) UPRR Audit No.: (Audit Number) CONTRACTOR'S RIGHT OF ENTRY AGREEMENT (TEXAS CITIES/COUNTIES) THIS AGREEMENT is made and entered into as of the day, , 20 , by and between UNION PACIFIC RAILROAD COMPANY, zMe'laware corporation ("Railroad"); and (NAME OF CON?'RACTOPI), a corporation ("Contracfor") (Corporate Status) ,RECITALS Contractor has been hired by (76 C.of Public Agency) ("Public Agency") to performw.ork relatmg'to (tY�rk.to be:Perforniid) (the "work"), with Wl.or a portion ofsuch vt+ork,td.be performed on property of Railroad in the vicinity of Railroad Vlrle 'ost, on Railr ad's , file Post) (Name of Subdivision) DOT No ,located 91.&Hoar ,in_ County, (DOT Number) 4 (City) (County) State of ,as such location is in the general location shown on the Railroad Location (State) Print markc Eti'ibit and ,detailed on the Detailed Prints collectively marked Exhibit A-1, each attached hereto and``hereby made a part hereof, which work is the subject of a contract dated ,fietween Railroad and the Public Agency. (Date of C&M Agreent6ht) Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: File Reference Articles of Agreement Form of Contractor's Page 1 of 3 Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA° Form Approved:AVP Law 03/01/2013 ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors,subcontractors, officers,agents and employees, and others acting under its or their authority. ARTICLE 2- RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms,provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in,--the.-' Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically descrn84herein,.ot"us designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXIM31TS B,,V AND D. The Terms and Conditions contained m E .ib#-,B,the Litsurance Require1ii6nts contained in Exhibit C and the Minimum Safety Requirements contain_qd in bit D,each attached hereto,are hereby made a part of this Agreement. ARTICLE 4 - ALL EXPENSES BE BORN. 'BY CONTRACTOR; RAILROAD TO REPRESENTATIVk ; A. Contractor shall bear any and all costs,and expenses associated with any work performed by Contractor, or any costs q expenses ineurred by Railroad 'relating to this Agreement. B. Contractor shall coordinate alb oflfis,w w h the following Railroad representative or his or her duly authorized representative the "]k oad epresentative"): NarYte&ddress of MPAf Name &Address of MSM C. Contractor,at its own exp , shall act irately police and supervise all work to be performed by Contractor and shall sure that such woriVis performed in a safe manner as set forth in Section 7 of "Rihibit B. The tesponsi ihty"` Contractor for safe conduct and adequate policing and supervision of Contract© �s work shall not be lessened or otherwise affected by Railroad's approval`of plans ;end spiscifications involving the work, or by Railroad's collaboration in performance of anyWork,6,f.:by the presence at the work site of a Railroad Representative,or by compliance by Conactor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement,and continue until ,unless sooner terminated as herein provided,or (Expiration Date) at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. File Reference Articles of Agreement Form of Contractor's Page 2 of 4 Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CIRCE (TEXAS CITIES/COUNTIES) BUILDING AMERICA' --Form Approved:AVP_Law 03/01/2013 B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 6 - CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with(i)the insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence,binders,policies,certificates arld/.6r`6n­dorserrients shall be sent to: Union Pacific Railroad Company 1400 Douglas Street, MS 1690 Omaha,NE 68179-1690 VPRR Folder No. (Folder Nuz 69,r) ARTICLE 7- DISMISSAL OF CONIM TOR C MPIAVEE. At the request of Railroad,Contractor shall-�remove.-fi orn Railroad's­ -.,PtOperty any employee of Contractor who fails to conform to the Instructions 6' t Iroad Representative in connection with the work on Railroad's property,and an "&, bf Contractor shall be suspended until such removal has occurred. Contractor shall indemnify--R against claims arising from the removal of #ilrd "y any such employee from Ra.44",ad's propertk, ARTICLE 8 - CROSSING No additio"-,veMcular crosfts(n-6,14". temporary haul roads) or pedestrian crossings over Railroad's traclg 1,be instal-16. or used lid Contractor without the prior written permission of Railroad. ART16a 9 - EXPibS,MV S. plosives,or other highly flammable substances shall not be stored on Railroad's property X­. 4i without the`_Prib ft-� al of Railroad. ARTICLE 10 - CROSSINGS;COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional veliiotar crossings(including temporary haul roads)or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules,regulations and guidelines,and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications,negligence,or any other reason arising from the Contractor's presence on the Railroad's property, the File Reference Articles of Agreement Form of Contractor's Page 3 of 4 Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA° Form Approved:AVP Law 03/01/2013 Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID No. 94-6001323) By PAUL G. FA,R.RELL Senior lvlana er Zontracts WAII� A+L` OF CONTRTOR) Printe N- . ye: Title: File Reference Articles of Agreement Form of Contractor's Page 4 of 4 Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA Standard Form Approved,AVP-Law:03/01/13 EXHIBITS A & A-1 TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Shall be the Railroad Location Print& Detailed Prints 4 CROE(TEXAS CITIES/COUNTIES) Page 1 of 1 Exhibits A&A-1 Standard Form Approved,AVP-Law:03/01/13 Railroad Location& Detailed Prints UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA Standard Form Approved,AVP-Law:03/01/13 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT GENERAL TERMS AND CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor commencing its work and at least ten(10)working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five(25)feet of any track, orvtill be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to:.vvitiin twenty-five (25)feet of any track. No work of any kind shall be performed,and no person, equipment, machinery tobl(s), material(s),vehicle(s),orthing(s)shall be located, operated, placed,or stored within twenty-five(25)feet of any of Railr..oad's track(s)at any time,for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt:-bf such,thirty(30)-day notice,the Railroad Representative will determine and inform Contractor whether a flagman need be'prO,sOnt`and whether Contractor needs to implement any special protective or safety measures. If flagglfg:or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses Ihcurred by Railroad.:.;unless Railroad and a federal, state or local governmental entity have agreed that RailroadJs to bill_such expenseg to the°foderal, state or local governmental entity. If Railroad will be sending the bills to Monte:"t.t ,Coti6''actor shall pay sucl 'k5ills within thirty(30)days of Contractor's receipt of billing. If Railroad performs'&"y flaggin: or other special protective or safety measures are performed by Railroad, Contractor agrees that Contradtdf_is not relieved of any t,f..its re"h§ibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be thh:prevailing�rotafly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and bvehime in acctsWance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the.-cost of,such labiarj;a composite charge for vacation, holiday, health and welfare, supplemental sicknetS,.Railroad Retieoment-;and unerliplayment compensation, supplemental pension, Employees Liability and Property DelYl � and Admiriigtration wilt,be included, computed on actual payroll. The composite charge will be the prevailing compoSR chgrge In„effect fat the tirii84he work is performed. One and one-half times the current hourly rate is paid for overtime;Saturdays_.and 'Sundays;`and two and one-half times current hourly rate for holidays. Wage rates ar6 ubject to change,at any'tiirnd by,taw or by agreement between Railroad and its employees,and may be retroactive as a'result of negotiatioft-.br a ruling of n authorized governmental agency. Additional charges on labor are also subject to bhanga If the wage rate or additional charges are changed, Contractor(or the governmental entity, as applicable) shall pay on ttie 6sfs of the new rates and charges. C. ReimbursQhi t to^Railroad wiil�a regtaifed coy .Ang the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to o#hBfi=}railroad wank during a portion of such day, in which event reimbursement will not be required for the_portion of.:the day c� rang which the flagman is engaged in other Railroad work. Reimbursement will also be required for arty t yfibf ctia Ily,,woe*by the flagman following the flagman's assignment to work on the project forwhich Railroad is required`to"pay the. agmii�.,and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even thoLigh Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign`.An employee to a flagging position in compliance with union collective bargaining agreements, Contractor must .Wide Railroad a minimum of thirty(30)days notice prior to the cessation of the need for a flagman. If thirty(30)days'ntitce of cessation is not given, Contractor will still be required to pay flagging charges for the thirty(30)day notice period required by union agreement to be given to the employee,even though flagging is not required for that period. An additional ten (10)days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair,renew,use,operate, change, modify or relocate railroad tracks, roadways, signal, communication,fiber optics, or other wirelines,pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. CROE (TEXAS CITIES/COUNTIES) Page 1 of 4 Exhibit B Standard Form Approved,AVP-Law:03/01/13 General Terms&Conditions UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA Standard Form Approved,AVP-Law:03/01/13 B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others)and the right of Railroad to renew and extend the same,and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track,and there shall be no vehicular crossings of Railroads tracks except at existing open-Public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays In the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, ari&Contractor-,agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractot 9 all coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations, The safe operation of Railroad train movements and other activities by Railroad takes precedence overany work to be b6rformed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labbf 61'provide>'nater als for the work to b6 performed by Contractor. Contractor shall not create, permit or suffer any mechanl '8' ,or matenalmen's lienk,of aoy,�kirid or nature to be created or enforced against any property of Railroad for any such work r.formed, bONTR4i#p $WALL INDEMNIFY AND HOLD HARMLESS RAILROAD FROM AND AGAINST A...Y. AL`L LIENS,CLAIMS, DEMANDS,COSTS OR EXPENSES OF WHATSOEVER NATURE IN ANY WAY CONNi+&' EIQ-WITH OR;GROWING OUT OF SUCH WORK DONE, LABOR PERFORMED, OR MATERIALS FURNISHED. IF 1vON'fiRACTO}� :AILS TO PROMPTLY CAUSE ANY LIEN TO BE RELEASED OF RECORD, RAILROAD MAY, AT I'f5. EtC:TION, DISCHARGE THE LIEN OR CLAIM OF LIEN AT CONTRACTOR'S EXPENSE. Section 5. PROTECTION OF FIBER OP-TfC GABLE SYSTEMS i A. Fiber optic cable systems,may be buried on Railroa s prb�erty. Protection of the fiber optic cable systems is of extreme importance since any brodk oould disrupt seivtoe.,to users re ulting in business interruption and loss of revenue and profits. Contractor shall telephone Ra lrt�ad?d.uring nor 41-business hours(7:00 a.m. to 9:00 p.m.Central Time, Monday through Friday, except holidays) at $00 3k41- 9 (also a 4-hour, 7-day number for emergency calls)to determine if fiber optic cable is buried:anywhere oiy'-Railroad' property to'be used by Contractor. If it is, Contractor will telephone the telecommuriltions company(ie?;) IrrVfVed,`ralte arrangements for a cable locator and, if applicable, for relocation or other proteRk n of the fiber opti(6 fiii: Contractor shall not commence any work until all such protection or relocation(if applicable) has:been accomplishdd B. IN ADDITION TO OTHER INdiftMNF f PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING*ITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY APT s ;F 'OMISSION OF CONTRACTOR,ITS AGENTS AND/OR EMPLOYEES,THAT CAUSES OR CONTRIBUTES TO (11)ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES,ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. CROE (TEXAS CITIES/COUNTIES) Page 2 of 4 Exhibit B Standard Form Approved,AVP-Law:03/01/13 General Terms& Conditions UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA Standard Form Approved,AVP-Law:03/01/13 Section 6. PERMITS -COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety,operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed!`by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish,,iOP es of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep-the Jots site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site prompt first aid se.rvidds may be provided to any person injured on the job site. Contractor shall promptly libtIN RallW ad of any U.S. Ocwpational Safety and Health Administration reportable injuries. Contractor shall haVe 'nondelgble dttyto_control its employees while they are on the job site or any other property of Railroad, and to be certain they do'bot use, :under' h influence of, or have in their possession any alcoholic beverage, drug or other.,substofte.that may inhibit th�safee'rformance of any work. ti D. If and when requested by Railroad,Contractor shall tl liver to 861f&id a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have .the'`�fidh.t, but not;==the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this'.igreerrie.nt shall"control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE EXTENT NOT PI QHIBITED BY ApPLICAi§U 0kTUTE,CONTRACTOR SHALL INDEMNIFY,DEFEND AND HOLD HARMLESS RA11�k D, ITS AFFIL i�T;ES, AIVI� 1'S AND THEIR OFFICERS, AGENTS AND EMPLOYEES ("INDEMNIFIED PARTIES")_ R'FM AND AG' MST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXi t SE`(INCLUDING, ;WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S ft AND COI 'T CO,S'C �k.x_FINE 6k PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON(INCLUDING,WITH GhIT LitVll TATIbN};ANY INDEMNIFIED PARTY,CONTRACTOR,ORANY EMPLOYEE OF CONTRAC ;tbR OR OF ANY INb 1VINIFIED PARTY)ARISING OUT OF OR IN ANY MANNER CONNECTED WITH(1) ANY WORk'*ERFQ9MWI3Y Ct OR(II)ANY ACT OR OMISSION OF CONTRACTOR,ITS OFFICERS, AGENTS OR EIK�YkR(I)1 ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY Of DER' THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, -)4D SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY'fCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY 45 ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY RAILROAD UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS'LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST RAILROAD. CROE (TEXAS CITIES/COUNTIES) Page 3 of 4 Exhibit B Standard Form Approved,AVP-Law:03/01/13 General Terms&Conditions UNION PACIFIC RAILROAD COMPANY CRCE (TEXAS CITIES/COUNTIES) BUILDING AMERICA Standard Form Approved,AVP-Law:03/01/13 E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or!§turbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's propotfy-�romptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contract�t=entered thereon. Section 10.WAIVER OF DEFAULT. _ Waiver by Railroad of any breach or default of any condition covenant or agreement herein contained.-to be kept,observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any t�irnedy for afthV subsequent breach or default. Section 11.MODIFICATION - ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless i'nade iri writing and slgrled by Contractor and Railroad.This Agreement and the exhibits attached hereto and m48. ;2t,part hbfbbf c6n§titute the entire'understanding between Contractor and Railroad and cancel and supersede any prior negdfations, nde urstandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12.ASSIGNMENT-SUBCONTRACTING. Contractor shall not assign or subcot#tact fftJ,,greAent, or b-' interest therein, without the written consent of the Railroad. Contractor shall be responsible for fie acts=anap tssions of-a-'11 subcontractors. Before Contractor commences any work, the Contractor shall,=e�tcept to the extet�t�prohibi$ect�yalaw; (1) require each of its subcontractors to include the Contractor as"Additional InsUhi d":ih1he subcontra t9r's Conih 6- ial General Liability policy and Business Automobile policies with respect to all liabilities antii g oUt bf the subcorifractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured E-dorsen4."�s-CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2)requitb each of Its sG6contract6-rS tb endorgo their Commercial General Liability Policy with"Contractual Liability Railroads"ISO P' CG 24 1710 --1`(or a�ttbstifut lorm providing equivalent coverage)for the job site;and (3) require each of its subcontrac tors to endorse their B ,, ess Automobile Policy with"Coverage For Certain Operations In Connection With Railroads" ISO Ft�Prn,.CA 2D_;70.;10 01 (bf,a substitute form providing equivalent coverage)for the job site. CROE (TEXAS CITIES/COUNTIES) Page 4 of 4 Exhibit B Standard Form Approved,AVP-Law:03/01/13 General Terms & Conditions UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILOINGAMERICA Sfendard Form Approved,AVP-Law:03/01113 -- GD- EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage: A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general nobility (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than$2,000,(�b0 CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalents verage). The policy must also contain the following endorsement, which must be stated'bn the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 1710 01 (or a' ubstitute form providing equivalent coverage)showing "Union Pacific Railroad Company Property" as the Designated'JDb,Site. • Designated Construction Project(s)General Aggregate_Limit ISO Form CG 25 03 03'97 fora substitute form providing equivalent coverage) showing the project on the for rii scllodule B. BUSINESS AUTOMOBILE COVERAGE INSURANCE ;Business auto coverage writfert on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage)with 4�ombined'tingle Iimitbfr16tJ6ss$2,000,000 for each accident. The policy must contain the following endorsements,which M-6"e stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroad';,ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union:PacifioProperty' 4W.the Designated Job Site. • Motor Carrier Act Endorsement Hazardous mat&nals'cloan up (NICE-90) if required by law. C. WORKERS'COMPENSATION AND tMPL6YtRS'LI1413.ILITY INSURANCE. Coverage must include but not be limited to: • Contractor's statuta'i r Itabtlity under the pensation laws of the State of Texas. • Employers'Liability(Par#8)-::. 5th.,-limits oast$500, 00 each accident,$500,000 disease policy limit$500,000 each employee. =- If Contractor i5 self-insured, evdence'of s#ate approval and excess workers compensation coverage must be provided. Coverage Must include: _ • liability alining oUi of,the.U. S : and Harbor Workers' Act, the Jones Act, and • the Outer Cott#mental Pielf Lan-d Act, if applicable. The policy must contain the follci, ling endorsement,which must be stated on the certificate of insurance: • Alternate Employer endor8.bment ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the scl"edule as the alternate employer(or a substitute form providing equivalent coverage). D. RAILROAD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04(or a substitute form providing equivalent coverage)on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. UMBRELLA OR EXCESS INSURANCE. If Contractor utilizes umbrella or excess policies, these policies must"follow form" and afford no less coverage than the primary policy. F. POLLUTION LIABILITY INSURANCE. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04(or a substitute form providing equivalent liability coverage),with limits of at least $5,000,000 per occurrence and an aggregate limit of$10,000,000. CROE(TEXAS CITIES/COUNTIES) Page 1 of 2 Exhibit C Standard Form Approved,AVP-Law:03/01/13 Insurance Requirements UNION PACIFIC RAILROAD COMPANY CROE(TEXAS CITIES/COUNTIES) BUILDING AMERICAC _Sfandard Form Approved,AVP-Law:03/01/13 0 If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site. Contractor must furnish to Railroad evidence ofpollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materia|a, with coverage in minimum amounts nf$1.0O0.0O0 per loss, and on annual aggregate of$2.000.800. OTHER REQUIREMENTS G. All policy(ies) required above(except worker's compensation and employers liability)must include Railroad as"Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48(or substitute forms providing equivalent coverage). The coverage provided tu Railroad us additional insured shall, to the xtn t provided under ISO Additional Insured Endorsement CG 20 26,and CA 20 48 provide coverage for Railroad's.,rie�gligence whether sole or partial,active or passive, and shall not be limited by Contractor's liability under the indemnitV-06visions of this Agreement. R. Punitive d f any,must be deleted(and the deletion indic� .-on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise'bhder thisn,,�Agreement, L Contractor and its agents, officers, directors and employees. This waiver muatb 6,stated on the ificate,o J Ph iance with-the insUt,ance requirements in this Agreement. authorized representative of each insurer, showing C K. All insurance tG�'%�` r. and liod to do busines§"in the State of Texas. Insurance Guide Rating of A-and Class VII o L. '^~ '~~^ ~'~^^'~~'~^`~ ~~~~^'~~ ^y~~^~~~"'' Contractor will not"e deemed "^ release w diminish th liability of Contrantnr, including, do,nnUxprovisions of this Agreon�enL Damages recoverable by not be limited by the amount of the required mounanua coverage. ��� CROE(TEXAS CITIES/COUNTIES) Page 2 of 2 Exhibit C Standard Form Approved,AVP-Law:03/01/13 Insurance Requirements UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA Standard Form Approved,AVP-Law:03/01/13 EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term"employees"as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. CLOTHING A. All employees of Contractor will be suitably dressed to perform their duties safejyand in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor's employees must wear: i. Waist-length shirts with sleeves. ii. Trousers that cover the entire leg. If flare-legged trousers bi e;worn, the trousdf bottoms must be tied to prevent catching. iii. Footwear that covers their ankles and has a defin68 heel. Emptoyees working on bridges are required to wear safety-toed footwear that conforms to the Ar4ftan National Standards Instltute�(ANSI) and FRA footwear requirements. B. Employees shall not wear boots(other than wok 'boots) sandals, c4nyas-type shoes nr other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothlnc�,?nebkties,finger tugs, or other loose jewelry while operating or working on machinery. 11. PERSONAL PROTECTIVE EQUII�IIIIEIV�' Contractor shall require its employees to wear pet5triaj >ctective equipment as specified by Railroad rules, regulations,or recommended or requestedby the.Railroad Re (resentafive I. Hard hat that meets the -Merican Natlbrtoi Standard (ANSI)Z89.1 —latest revision. Hard hats should be affixed with Contractor's 6.61rnpany Ogb or name ii. Eye peat ction that meets Ame006nz.NatioMa:-Standard (ANSI) for occupational and educational eye and face prot!e d-tion,Z87.1 —lat6;tt revi't bn. A'ddttlonal eye protection must be provided to meet specific job situations such as welding, grinding, etas iii. Hearing protection,which words enough attenuation to give protection from noise levels that will be occurring on the job %te 11"pard-1g protection, in the form of plugs or muffs, must be worn when employees are within: ■ 100 feet of a loco-M61ive t�r.'-roadway/work equipment • 15 feet of power op6"'rated tools ■ 150 feet of jet blowers or pile drivers ■ 150 feet of retartJWn use(when within 10 feet, employees must wear dual ear protection—plugs and muffs) iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. 111. ON TRACK SAFETY Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: i. Maintain a distance of twenty-five(25)feet to any track unless the Railroad Representative is present to authorize movements. ii. Wear an orange, reflectorized workwear approved by the Railroad Representative. CROE(TEXAS CITIES/COUNTIES) Page 1 of 2 Exhibit D Standard Form Approved,AVP-Law: 03/01/13 Minimum Safety Requirements UNION PACIFIC RAILROAD COMPANY CROE (TEXAS CITIES/COUNTIES) BUILDING AMERICA Standard Form Approved,AVP-Law:03/01/13 0 iii. Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority,which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. EQUIPMENT A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: i. Familiar and comply with Railroad's rules on lockout/tagout of equipment: ii. Trained in and comply with the applicable operating rules if operating`aihy by-rail equipment on-track. iii. Trained in and comply with the applicable air brake rules if operating--any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit,fire extinguisher Aid audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative,all equipment must be parked;;a minimum of twenty-five(25) feet from any track. Before leaving any equipment unattended:the op6t for must stop the ertgir a and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones thbt,-Will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. GENERAL SAFETY REQUIREMENTS A. Contractor shall ensure that all waste is properly disposedf.in accordbnce with applicable federal and state regulations. B. Contractor shall ensure that all erripIoye.es participatrr; in anti comply with a job briefing conducted by the Railroad Representative, if applicable. During tY 5 briefing,the RJ6Ilroad Representative will specify safe work procedures,(including On-Track Safety)and the,potential haz4ds.of the Jo1 lf"by employee has any questions or concerns about the work,the employee must voice th6fhAuring the job bri fng. Mdtti"job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the"rn,inimum safety requirements established by the Federal Railroad Administration Safety tandards�1gFR213 D. All employee! comply with the fblltawttg safety procedures when working around any railroad track: i. Always.be on tla alert for rnt-wing equipment. Employees must always expect movement on any track, at any time, in othbr dr2bttbr5;; ii. Do not step or walk on fllb too of the rail, frog, switches, guard rails, or other track components. iii. In passing around the e44S_ of standing cars, engines, roadway machines or work equipment,leave at least 20 feet between yourself and th. end of the equipment. Do not go between pieces of equipment of the opening is less than one car lengtf-Ir'. :('feet). iv. Avoid walking or standing on a track unless so authorized by the employee in charge. V. Before stepping over or crossing tracks, look in both directions first. vi. Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. CROE (TEXAS CITIES/COUNTIES) Page 2 of 2 Exhibit D Standard Form Approved,AVP-Law:03/01!13 Minimum Safety Requirements RICH WITH OPPORTUNITY [1EA,U11011* T • E • X • A • S CCity Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Director of Management Operations MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution concerning the funding established by the RESTORE Act. BACKGROUND The RESTORE Act was passed by Congress and signed into law in 2012. It provides that a portion of the penalties assessed for the BP Deepwater Horizon oil spill be made available to the Gulf Coast states to restore the region's damaged ecosystems and valuable natural resources, and to promote economic development and tourism. The City of Beaumont has been asked to join Jefferson County and other jurisdictions supporting the State's efforts to secure its rightful share of this funding and to use a significant share of those funds to protect and restore the Texas coast. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Texans cherish our shared coastal heritage and recognize that protecting and restoring coastal natural resources is essential to sustaining our state economy and our way of life; and, WHEREAS, the Texas Gulf coast generates more than $17 billion in tourism activity every year by drawing visitors to our world famous birding and hunting areas, bountiful fishing grounds and enchanting coastal towns, and, WHEREAS, the Texas Gulf coast is home to robust commercial and recreational fishing industries that together support over 23,000 jobs and generate more than $4 billion in revenue each year, enriching coastal economies while providing Americans with access to fresh, safe seafood and world-class angling opportunities; and, WHEREAS, Texas barrier islands and coastal wetlands are experiencing significant erosion, which affects public beach access and fishery productivity; and, WHEREAS, our bays, estuaries and wetlands are increasingly deprived of the freshwater inflows needed to ensure their sustained diversity, functionality and productivity; and, WHEREAS, it is in our power to reduce these threats to our state's coastal ecosystem and the economic drivers it supports by prioritizing natural resource protection and restoration projects that include securing freshwater inflows, restoring oyster reefs, improving coastal habitat and water quality, protecting our shorelines from erosion, investing in sustainable fisheries management, protecting vulnerable and endangered marine species, and enhancing research and monitoring on critical ecosystems and species; and, WHEREAS, the RESTORE Act presents Texans with an unprecedented opportunity to make a significant investment in protecting, restoring and sustaining the Texas coast and its economic vitality for current and future generations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble of this resolution are hereby, in all things, approved and adopted; and, THAT we respectfully urge Governor Rick Perry to make the protection and restoration of our precious natural resources on the Texas Gulf Coast region a high priority for the state's use of RESTORE Act funds. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - ATTEST: City Clerk of Off W3 Tit y . REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 24, 2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 8-10/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District located at 7255 Highway 105 2. Consider an ordinance approving a zone change from GC-MD (General Commercial- Multiple Family Dwelling) District to LI (Light Industrial) District located at 980 N. Martin Luther King Parkway 3. Consider an ordinance approving a specific use permit to allow a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 3740 Laurel Street 4. Consider an ordinance approving a specific use permit for a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District located at 575 N. 7th Street 5. Consider an ordinance abandoning a section of right-of-way (House Road) extending off Lawrence Street 6. Consider an ordinance abandoning a section of right-of-way a 20' wide alley extending between Oakland Street on the west and Ewing Street on the east 7. Consider an ordinance approving a request for an HC-L (Historic Cultural- Landmark Preservation) Designation for the house at 195 N. 7th Street 8_ Consider an ordinance amending the Fiscal Year 2013 Budget related to establishing a Street Improvements Fund from Airport Royalties 9. Consider a resolution authorizing the City Manager to execute a professional services agreement to update the Beaumont Municipal Airport Development Plan 10. Consider a resolution approving the award of an annual contract to Tyler Uniform, Inc. for the purchase of work uniforms used in various City departments WORK SESSION * Tour Tyrrell Park and Cattail Marsh COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Home Rule Municipality of the State of Texas, City of Beaumont vs. Max Specialty Insurance Company,Now Known As Alterra Excess & Surplus Insurance Company; Cause No. E-190,879 The City of Beaumont vs. Linmarie Garsee, Individually, and Linmarie Garsee d/b/a L.G. Properties, Inc.; Cause No. 90304 United States Bankruptcy Court for the Eastern District of Texas, Beaumont Division; In Re: LinMarie Garsee; Case No. 13-10479 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 September 24,2013 Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District located at 7255 Highway 105 ELICIT WITH OPPORTUNIT IF L r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �>a PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District located at 7255 Highway 105. BACKGROUND James Amy has applied for a zone change. He is asking for this change due to some interest in his property for commercial uses, which are not allowed based on current zoning. Highway 105 is a major thoroughfare in northern Beaumont, and the area surrounding the intersection of Major Drive and Highway 105 has experienced significant commercial development in the recent past. The properties to the north and west have already transitioned into commercial uses and are zoned GC-MD, while the properties to the east and south are residential. At a Joint Public Hearing held September 16, 2013, the Planning Commission recommended 7:0 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District located at 7255 Highway 105. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7255 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District for property located at 7255 Highway 105, being Tracts 95 A and B, Plat RS-4, W. B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 2.88 acres, more or less, as shown on Exhibit"A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - File 214-Z: Request for a zone change from District to GC-MD General Commerci � RS {Residential Single Family Dwell' Location: 7255 Him al Multiple Family Dwelling � tng Highway 105 �) District. N Applicant: James Amy 100 200 300 400 Feet RM-H Legend _--_-_ �M 21842 -- GC-MD a 0 v HWY 105 GC-MD _--- ------- - vQ �s RM-H R-S ' ti 4� 5 R-S CC-M } EXHIBIT "A" 2 September 24, 2013 Consider an ordinance approving a zone change from GC-MD (General Commercial- Multiple Family Dwelling) District to LI (Light Industrial) District located at 980 N. Martin Lather King Parkway RICH WITH OPPORTUNITY [I 11C AIrk ,11 1�1 C1 11 "( T • E • X • A •s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider an ordinance approving a zone change from GC-MD (General Commercial- Multiple Family Dwelling) District to LI (Light Industrial) District located at 980 N. Martin Luther King Parkway. BACKGROUND Tommy Nguyen, on behalf of Mahmood Kothawala of M and B Investments, is requesting a zone change. Mr. Nguyen would like to open a facility for cutting metal into parts. All scrap and dust particles will be collected and recycled. Staff has determined that the proposed zone change is inappropriate for two reasons. First, the character of the neighborhood remains residential. There are single family residences adjacent to the proposed parcel. GC-MD is designed to be a transitional or buffer zoning between residential areas and more heavily commercial or industrial areas, so the existing zoning is appropriate. Second, there is no immediately adjacent LI zoned property. The closest LI zoned property is on the opposite corner of the intersection of Long Avenue and Martin Luther King Parkway. This zoning is acting appropriately as a buffer between that zoning district and the residential areas. At a Joint Public Hearing held September 16, 2013, the Planning Commission recommended 7:0 to deny a zone change from GC-MD (General Commercial- Multiple Family Dwelling) District to LI (Light Industrial) District located at 980 N. Martin Luther King Parkway. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 980 N. MARTIN LUTHER KING, JR. PARKWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned GC-MD(General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) District for property located at 980 N. Martin Luther King, Jr. Parkway, being the southernmost 30' of Lot 4, and all of Lots 5 and 6, an adjacent 20' alley, and the northernmost 40' of Lots 7 and 8 of the Jirou Addition, City of Beaumont, Jefferson County, Texas, containing 3.346 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - IrFii�i2 6-Z: Request for a zone than efrom GC-MD Dwelling} District to LI Licht In MD (General commercial — 1Vlultiple jLocation: 980 N. Martin Luther Q Industrial) District. N Applicant: Tommy Nguyen, an behalf Parkway 3 ehalf of Mahmood Kothawala of M and B Investments 0 100 200 Feet Li �.r a Legend � WD! r! 21862 a Li GC-MD R-S! o R-S z r Li GC-MD R C S M Li GC-Mb R=S HARRISON AVE Li GC-MD GC-MD R-S R _ -S GC-MD R=S EXHIBIT "A" R'S 3 September 24, 2013 Consider an ordinance approving a specific use permit to allow a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 3740 Laurel Street RICH WITH OPPORTUMITY BEAUMON* T - E o x - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 3740 Laurel Street. BACKGROUND Mary Milligan, on behalf of Hope Women's Resource Clinic, is requesting a specific use permit. The existing building has been used as a medical type clinic for many years. The proposed use would be comparable to that use. The clinic would offer pregnancy support services, as well as classes, counseling, support groups, and a small boutique. Parking and utilities exist on the site to handle expected demand and has met the requirements of the City. At a Joint Public Hearing held September 16, 2013, the Planning Commission recommended 7:0 to approve a specific use permit to allow a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 3740 Laurel Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 13-15 and 29-31, and Lots 16 and 28, Tract 2, Block 4, Laurel Heights Addition, City of Beaumont. Jefferson County, Texas, containing 1.25 acres, more or less. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMITTO ALLOW A PREGNANCY RESOURCE CLINIC IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT AT 3740 LAUREL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Mary Milligan has applied for a specific use permit to allow a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3740 Laurel Street, being Lots 13-15 and 29-31, and Lots 16 and 28, Tract 2, Block 4, Laurel Heights Addition, City of Beaumont, Jefferson County,Texas, containing 1.25 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3740 Laurel Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3740 Laurel Street, being Lots 13-15 and 29-31, and Lots 16 and 28, Tract 2, Block 4, Laurel Heights Addition, City of Beaumont, Jefferson County, Texas, containing 1.25 acres, more or less, as shown on Exhibit"A," attached hereto, is hereby granted to Mary Milligan, her legal representatives, successors and assigns, as shown on Exhibit"B,"attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - File 2187-P: Request for a specific use permit to allow a pregnancy RM-H (Residential Multiple Family Dwelling-Highest Density) District clinic in an Location: 3740 Laurel Street Applicant: Mary Milligan, on behalf of Hope Women's Resource Clinic 0 100 200 ' Feet P Legend � tA)Ve/ � 2187P r GC-MD iH :M - LAUREL ST NC R=S 'S HOLLAND DR R=S R-S EXHIBIT "A" Legend Kroger's ® ^ building overhang i j.q Underground Telephone line - — - -- Underground Water line Overhead Electric line concrate Water Meter s Gas Meter �i t concrete Z conaata j. concrete v- concrete 1 s as __ 4nounU.�7ectic Gress gross areas w: t Gass t r7 — ®— storage shed t I i A i i concrete_ woods M I` I Renal Care Group woods X # 8' r ° i drain ( �I I � ` I Grass I � I � i brass Grass E i sidewalk ' old clan it r, woods + stasm Pe sta 1 1 oncrnto t d K tree I I c e t (D _-- sldswalk L'. r B i P conc!aM P-kNB �� l t woodti woods tree IIGht i as con P", q_LLL' Grass con I drain 9 ga i.aur®i Square "dman4 oullcmg l �I spamed bulldirp Gress concree asphalt Apartme;its tw#IdL,g t � r APOLLO Environmental Strategies, Inc. April 10, 2002 ill " American International Alliance Laurel-Street, -Renal Cares Group 4 September 24, 2013 Consider an ordinance approving a specific use permit for a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District located at 575 N. 7th Street RICH L4'fTH OPPORTUNITY r C , T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 24, 201 REQUESTED ACTION: Council consider an ordinance approving a specific use permit for a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District located at 575 N. 7th Street. BACKGROUND Kevin Grinnell, owner of Grinnell Computers, has applied for a specific use pen-nit. The business has been located at the site for several years; the proposed specific use permit is for an expansion of the business. The expanded business will employ nine repair technicians, programmers, and web designers. Little additional traffic will be generated by the proposed expansion. Parking and utilities exist on the site to handle expected demand and has met the requirements of the City. At a Joint Public Hearing held September 16, 2013, the Planning Commission recommended 7:0 to approve a specific use permit for a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District located at 575 N. 7th Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMPUTER SERVICE BUSINESS IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT AT 575 N. 7T" STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Kevin Grinnell has applied for a specific use permit to allow a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District at 575 N. 7th Street, being Lots 1, 2, and 3, Block 21, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.52 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District at 575 N. 7th Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted, and, Section 1. That a specific use permit to allow a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District at 575 N. 7th Street, being Lots 1, 2, and 3, Block 21, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.52 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Kevin Grinnell, his legal representatives,successors and assigns, as shown on Exhibit"B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - File 2.183-P: Request for a specific use permit to allow RCR-H (Residential Conservation and Revitalization-H) a computer service business in a Location: 575 N. 7th Street ) District. N Applicant: Kevin Grinnell 0 100 �L 200 1--- -,---- �'Feet Legend 2183P RC R- -__ __. ______ RC RH ` 1 MCFADDIN AVE -4 RCR-H _ RCR-H Cn GC-MD C-MD CALDER AVE GC-MD` GC-MD EXtjIBIT «�,,, RJR:H Proposed Privacy Fence, Sft X 15017t, Wood,��� 0 o 1 ° 575 N 7`1'Street, Beaumont,TX. Crepe Myrtles Magnolia Scale= 1'8'=1ft Magnolia Fence blocking trash from - pubiicview 1 Story Building Parking Flat Roof with upwardly curved Space overhang in front m Parking Space Roof Height–12Ft Parking L Lot—150'X 150' _ Space x 4—J w Parking Ln Building Sq Ft-2400' Specs — -� Drainage is curb and gutter Vehicular use area–7660 Sq Ft, LJ_ 10 Parking Spaces Parking Parking Parking Parking Parking Parking V Space Space Space Space Spa ca Spate Y tB Sign–3ft X 4ft,5ft High,Beige Nbackground with black lettering,Times Roman Font C 0i taA Q) Sign 10 i � I Driveway i N. 7th St 5 September 24, 2013 Consider an ordinance abandoning a section of right-of-way (House Road) extending off Lawrence Street RICK WITH OPPORTUNITY r C � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider an ordinance abandoning a section of right-of-way (House Road) extending off Lawrence Street. BACKGROUND The City of Beaumont is requesting abandonment of a right-of-way. This right-of-way is an extension of House Road off Lawrence. It is 80' wide by 165' deep, and is located in a generally residential area. This item was sent to all interested parties. There is a power line in the rear of the parcel, so an easement should be designated for the utilities located there. At a Joint Public Hearing held September 16, 2013, the Planning Commission recommended approval 7:0 of the abandonment with the condition that an easement be retained for the utilities located in the rear of the parcel. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance with the following condition: 1. That an easement be retained for the utilities located in the rear of the parcel. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES 0.3024 Acre Tract or Parcel of Land Out of and Part of House Road Right-of-Way Suburban Acres, Unit Two Volume 7, Page 193, Map Records W. B. Dyches League, Abstract No. 17 City of Beaumont, Jefferson County, Texas BEING a 0.3024 acre tract or parcel of land out of and part of House Road right-of-way as recorded on the final plat of Suburban Acres, Unit Two Volume 7, Page 193, Map Records W. B. Dyches League, Abstract No. 17 City of Beaumont, Jefferson County, 'Texas, said 0.3024 acre tract being more particularly described as follows: NOTE. All bearings are referenced to the Southeasterly line of Lot 1, Block 7 of the said Suburban Acres, Unit Two, the same being the Northwesterly right-of=way line of Lali�rence Drive, as SOUTH 35'31 '30" WEST as recorded in Volume 7. Page 193, Map Records, Jefferson County, Texas. All set -/8" iron rods set with caps stamped -M. W. Whiteley & Associates COMMENCING at a 5/8" iron rod with cap stamped "M. W. Whitely & Associates" found for the most Easterly corner of Lot 1, Block 7 and the most Southerly corner of Lot 2, Block 7 of the said Suburban Acres, Unit Two, and said corner being in the Northwesterly right-of-way line of Lawrence Drive (based on a width of 80 feet); THENCE SOUTH 35 031"30" WEST, along and with the Southeasterly line of the said Lot 1 and the Northwesterly line of the said Lawrence Drive, for a distance of 99.99 feet to a %" iron rod found for the most easterly corner and the POINT OF BEGINNING of the tract hererin described; THENCE SOUTH 35 000'06"' WEST, continuing along and with the Northwesterly right-of-way line of Lawrence Drive, for a distance of 79.82 feet to a concrete monument found for corner, THENCE NORTH 54 041'06" WEST, passing at a distance of 20.06 feet a 5/8" iron rod found for a corner in the Northeasterly line of Lot 10, Block 6 of the said Suburban Acres, and continuing along and with the Northeasterly line of the said Lot 10 and the Southwesterly right-of-way line of House Road, for a total distance of 165.00 feet to a 5/8" iron rod set for corner, said corner being the most northerly conger of the said lot 10 and in the Southeasterly line of that certain called 131.467 acre tract of land as described in a "Warranty Deed" from H. G. Nichols, Sr. to Howard Grant Nichols Family Limited Partnership as recorder in Clerk's File NO. 2000016829, Official Public Records of Real Property, Jefferson County, Texas and from said corner to a found concrete monument bears NORTH 18'21112" WEST a distance of 0.54 feet; THENCE NORTH 350 09'03" EAST, along and with the boundary between the Northwesterly right-of-way line of House Road and the Southeasterly line of the said 131.467 acre Howard Grant Nichols Family Limited Partnership tract, for a distance of 79.97 feet to a ''/2" iron rod found for corner, said corner being the most Westerly corner of the said Lot 1, Block 7, and from said corner a found concrete monument bears SOUTH 53 049'49" EAST a distance of 0.49 feet: THENCE SOUTH 5403756" EAST, along and with the Southwesterly line of the said Lot 1, Block 7 and the Northeasterly right-of-way line of House Road, passing at a distance of 144.85 feet a 5/8" iron rod set for corner in the Southwesterly line of the said Lot 1, Block 7 and continuing for a total distance of 164.79 feet to the POINT OF BEGINNING and containing 0.3024 acres, more or less. File 818-OB: A request for abandonment of a 80'x 165' section of right-of-way (House N Road) extending off Lawrence Drive. Location: Between 8195 and 8225 Lawrence Drive Applicant: Patrick Donart, on behalf of City of Beaumont Public Works 0 100 200 1 Feet Legend 818OB GC-MD R-S U LS�R 0 R-S �- O �tti R-S RM-H R-S, R-S ORDINANCE NO. ENTITLEDAN ORDINANCE VACATING AND ABANDONING AN 80' x 165' SECTION OF RIGHT-OF-WAY, AN EXTENSION OF HOUSE ROAD LOCATED AT LAWRENCE DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City of Beaumont has requested an abandonment of an 80' x 165' section of right-of-way, an extension of House Road located at Lawrence Drive, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A" and shown on Exhibit"B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said section of right-of-way is in the best interest of the City and should be granted, subject to the following condition; • A utility easement be retained for the utilities located in the rear of the parcel. NOW, THEREFORE, BE IT ORDAINED 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 an 80' x 165' section of right-of-way, an extension of House Road located at Lawrence Drive, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law, subject to the following condition; • A utility easement be retained for the utilities located in the rear of the parcel. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 0.3024 Acre Tract or Parcel of Land Out of and Part of House Road Rigzht-of-Way Suburban Acres, Unit Two Volume 7, Page 193, Map Records W.B. Dyches League, Abstract No. 17 Beaumont, Jefferson County, Texas BEING a 0.3024 acre tract or parcel of land situated in the W.B. Dyches League, Abstract No. 1.7, Jefferson County, Texas and being out of and part of the House Road right-of-way as recorded on the final plat of Suburban Acres, Unit Two, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 7. Page 193, Map Records, Jefferson County, Texas, said 0.3024 acre tract being more particularly described as follows: N0T F All hearings are referenced to the Southeasterly line of Lot I, Block 7 of the said Suburban Acres, (Init Tivo, the same being the Northn-csterly right-of= ivav line of Lawrence Drive, as SOUTH 35°31'30" YVEST as recorded in Folrrnze 7, Pa� e 193, Vap Records, Jefferson Colinty, Texas. All stet 518" iron rods set ivith caps stamped "M.TV TVhiteley c-Associates". COMMENCING at a 5!8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the most Easterly corner of Lot 1, Block 7 and the most Southerly corner of Lot 2, Block 7 of the said Suburban Acres, Unit Two, and said corner being in the Northwesterly right-of-way line of Lawrence Drive (based on a width of 80 feet); THENCE SOUTH 35°31'30" WEST, along and with the Southeasterly line of the said Lot t and the Northwesterly line of the said Lawrence Drive, for a distance of 99.99 feet to a 1/2" iron rod found for the most Easterly comer and the POINT OF BEGINNING of the tract herein described, THENCE SOUTH 35"00'06" WEST, continuing along and with the Northwesterly right-of-way line of Lawrence Drive, for a distance of 79.82 feet to a concrete monument found for corner; THENCE NORTH 54°41'06" WEST, passing at a distance of 20.06 feet a 5/8" iron rod found for a corner in the Northeasterly line of Lot 10, Block 6 of the said Suburban Acres, and continuing along and with the Northeasterly line of the said Lot 10 and the Southwesterly right- of-way line of House Road, for a total distance of 165.00 feet to a 5,'S" iron rod set for comer, said comer being the most Northerly comer of the said Lot 10 and in the Southeasterly line of that certain called 131.467 acre tract of land as described in a "Warranty Deed" from H.G. Nichols, Sr. to Howard Grant Nichols Family Limited Partnership as recorded in Clerk's File No. 2000016829, Official Public Records of Real Property, Jefferson County, Texas and from said corner a found concrete monument bears NORTH 1.8°21'12" WEST a distance of 0.54 feet; i�_ir EXHIBIT "A" S. car. THENCE NORTH 35°09'03" EAST, along and with the boundary between the Northwesterly right-of Line of House Road and the Southeasterly line of the said 131.467 acre Howard Grant Nichols Family Limited Partnership tract, for a distance of 79.97 feet to a 1-2" iron rod found for conger, said corner being the most Westerly corner of the said Lot 1. Block 7, and from said corner a found concrete monument bears SOUTH 53°49'49" EAST a distance of 0.49 feet: THENCE SOUTH 54"3756" EAST, along and with the Southwesterly line of the said Lot 1, Block 7 and the Northeasterly right-of-way line of House Road, passing at a distance of 144.85 feet a 5i8" iron rod set for corner in the Southwesterly line of the said Lot 1, Block 7 and continuing for a total distance of 164..79 feet to the POINT OF BEGINNING and containing 0.3024 Acres, more or less. Surveyed on October 9 2012. This legal description is bein- subinitted along with a plat based Y � p � � P on this survey (see E.XBIBIT "B"). T «.. .....oMAS.s°�ow . ............5725 Thomas S. Rowe, RPLS No. 5728 �y °FESS�0 EXHIBIT "A" Page 2 of 2 )1,1 RK IN: IV111TELE Y,I%1).-a.SSOO ITE.S. IBC. CALLED 13I.467 ACRES FND CONC MON BEARS—, HOWARD GRANT NICHOLS N18*27'12"W 0.54' (CALL N35*31'30"E 80.00) FAMILY LIMITED PARTNERSHIP SET 5 18"' FND 112 CF. NO. 2000016829 L 6D FND N35'09'03"E 79.97' 1. ROD OPRJC FND CONC MON BEARS S53*49'49"E 0.49' 0.24' 4.09' ZO©c3ncQZ z "c E LL� Lj T Lo C) o r C) L. Q� �* (80' ROW) Ln 2- v)z, 193 o or "n CL Ln c�or- � Ll -`c . LZ Ln (n q u, co 0.3024 ACRES Fq cr) Q1 Z g C,�, OR Z NQ w V):,� 2.70' 0.23' Q) Z� 6 L �E ,, CL Q cl Q, Er u-i:z Q:: cr d Q Lod 10 Loj A ca (n�2 Lq C, OCK w BLOCK L Bu z 3z (n -Z,� SET 518. FND 518 i-z_ ct: GRASS CD Z,- 1. ROD I. ROD & SLA G Poc DR4E FND 5/8" I. ROD WF FND CONC.---,, W1 CAP STAMPED MONU. FND 518 (CALL 535'31'30"W 80,00') "M.W. WHITELEY' L R6D FND S35°00'06"W 79.82' FND S35*29'36"W 99.89' FND S35'31'30"W 99.99' (CALL S35'31'30"W I 00.00) �13_ PLASTIC PIPE (CALL 535'31'30"W 100.00) SEWER MANHOLE REFERENCE BEARING PER PLAT POBCITY OF BEAUMONT FND 112 DR SY. CDD SCALE SHa7 No" VER, ACAD 2012 I. ROD 1. 301 1 of I NO. ME W.\2012\12-809 RE V' REFER TO EXHIBIT "A 12-809 1 12-809 A.DWG IO FOR LEGAL DESCRIPTION W. WHITELEY MARK ASSOCIATES TO THE OWNERS OF THE PREMISES SURVEYED INCORPORATED AS OF THE DATE OF THE SURVEY: Tm(;momm, coma SURVrfOW, AM PLLVMS j BleWtmvd Zqgk-wlft 1, THOMAS S. ROWS DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY rxm F-."= MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED p 0 aot um =w um NMI HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME smonm M ioo=rm OF THE SURVEY. 400-899-04= 130 BOUNDARY SURVEY OF A DATE SURVEYED: OCTOBER 9, 2012 OF 0.3024 ACRE TRACT OR PARCEL OF LAND r, s!r**c­-- All OUT OF AND PART OF HOUSE ROAD RIGHT—OF—WAY .......... .. OWE SUBURBAN ACRES, UNIT TWO THOMAS ................ .............. VOLUME 7, PAGE 193 5728 MAP RECORDS 0', s s 0.1 W.B. DYCHES LEAGUE ABSTRACT NO. 17 BEAUMONT, JEFFERSON THOMAS S. ROWE REGISTERED PROFESSIONAL EXHIBIT "B" COUNTY, TEXAS 6 September 24, 2013 Consider an ordinance abandoning a section of right-of-way—a 20' wide alley extending between Oakland Street on the west and Ewing Street on the east RICH WITH OPPORTUNITY I( [I 11E ,1111 C1 11'.r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider an ordinance abandoning a section of right-of-way— a 20' wide alley extending between Oakland Street on the west and Ewing Street on the east. BACKGROUND Access Surveyors, on behalf of Douglas Memorial Church is requesting abandonment of a right-of-way. This right-of-way is a 20' wide alley that extends between Oakland Street on the west and Ewing Street on the east and is approximately 300' long. Property owners in the area have signed an application indicating their approval and interest in the abandonment. The abandoned right-of-way will be used, in part, to accommodate a new parking area for the Douglas Memorial Church. This item was sent to all interested parties. There is a sanitary sewer line in the right-of-way, so an easement should be designated for the utilities located there. At a Joint Public Hearing held September 16, 2013, the Planning Commission recommended approval 7:0 of the abandonment with the condition that an easement be retained for the utilities located in the right-of-way. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance with the following condition: 1. That an easement be retained for the utilities located in right-of-way. APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: —7 71 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment j of Z A�CCU t 1.t � t_C� a7 F- T-1--k CHA t S ot-i Ate P i- `� hereby respectfully petition that the right-o£way,alley,or utility easement be closed and abandoned. i OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey) Ile I dye, _ r i i 4 P I NOTE: Please print or type your name and then use signature. Separate sheets may be used. i APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: C, We,the undersigned,being the sole owners of all the property abutting the proposed abandonment of o-A- i-)-)i-) c" J hereby respectfully pv�tition that the right-of-way, alley,or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block -Addition (tract) (tax plat) (survey) VL L M"-- Vc L PIZ D� ic- LI _(op, A, C� i A G 14, CL VV' L-k A-42-4) -At NOTE: Please print or type your name and then use signature. Separate sheets may be used. w+E S 4Surveyors Texas Registered Professional Land Surveyors July 26, 2013 City of Beaumont Planning Division, Room 205 City Hall, 801 Main Street P.O. Box 3827 77701 Re. Alley Abandonment-- Block 7 of the Chaison Addition to the City of Beaumont,Texas This letter is being composed to accompany"APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT—CITY OF BEAUMONT, TEXAS"dated July 26, 2013. This letter states the reason for the abandonment. The alley serves no use to the adjoining land owners. The adjoining land owners may swish to make improvements to the property lying in the existing alley in the future. W?7, Mitch Brackin, RPLS 5163 505 South Fourth Street e Beaumont, Texas 77701 . Office(409) 838-6322 . Fax (409) 838-6122 Email . rpis5163(r aol.com Web Address. www.accesssun7eyors.com PLAT to cccornpony: APPLICATION FOR RIGHT—OF—WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BE4UMONT, TEXAS doled: July 26, 2013 - Loulsiana, Street 50,0' 50.0' -10.0' 50.0' 50.0' 5 D.0' Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 C-Ot I —300.0' 2 t alley 0 alley I I E — 6 Y� 1xx 0 /XXN 20' ALLEY ABANDONMENT Lot 7 Lot B Lot 9 Lot 10 Lot 1i Lot 12 50.0' 50.0' 1 50.0' 50.0' j 50.0' 50.0' Evelon Street (60, q.(aw-) Lot Alley — Adjacent Owner Lot Alley — Adjacent Owner 1 Douglas Memorial Church 7 Lester Washington 2 DougIcs Memorial Church 8 A.D. & Mamie V Seymour, Est. 3 Blanch Eldridge 9 Lucia Gorzo 4 Linda & Charles F?andolph 10 P.W. Willard 5 Linda Stewart 11 Howard Ccstille 6 Darin & Eddie M. Ecgllin i2 Michael Hardin SCALE 1"— 50' N W I-) f CHAISON ADDITION to the Clt�v of Becu,-,-3ont Surveyors Jeffers,-)n Texas R<�,-i.sie/vd Professicwzal Laizd Sun-cyoi-s Volume 1 Pc�e 55 505 Soj f h Fourth Street — Beaumont, Texas 77701 M/op P'eccrd; of Telephone (409) 838-6322 Fax 838-6122 www.uccesssurveyorsxom 9 rpls51639oo1.com �Jefferson County, Texcs File: 152221dwg Technician: MB ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 20' x 300' ALLEY EXTENDING BETWEEN OAKLAND STREET ON THE WEST AND EWING STREET ON THE EAST, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Access Surveyors,on behalf of Douglas Memorial Church, has applied for an abandonment of a 20' X 300' alley extending between Oakland Street on the West and Ewing Street on the East, in the City of Beaumont, Jefferson County, Texas, being the 20' x 200' alley located within Block 7, Chaison Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said section of right-of-way is in the best interest of the City and should be granted, subject to the following condition; • A utility easement be retained for the utilities located in the right-of-way. NOW, THEREFORE, BE IT ORDAINED 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 a 20' x 300' alley extending between Oakland Street on the West and Ewing Street on the East, City of Beaumont, Jefferson County, Texas, being a 20' x 300' alley located within Block 7, Chaison Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit'A,"attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law, subject to the following condition; • A utility easement be retained for the utilities located in the right-of-way. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - �i1e 838-OB: A request for abandonment of )akland and Ewing Street. a 20'x 300' section of right-of-way between location: Parallel to Louisiana Street and Gladys Avenue, and perpendicular to and extending between Oakland Street and Ewing Street applicant: Access Surveyors, on behalf of Douglas Memorial moraal Church ° s° goo I Feet GC-MD GC-MD' Legend rn _ 8380E Z GC-M;p GC=MD LOUISIANA ST _ _ _:- GC-MD L QC M n D GC-MD Z v GC-MD 'GC-' MD. GLADYS AVE GC=MD GC-MD GC-MD R-S R-S EXHIBIT "A" P-L APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANOONMENT CITY OF BEAUMONT, TEXAS h)/1✓ 2,,,, 2C1 Louisiana Street 50.0' 5 G.01 50.G' 1 G' 50.C' 5C.0, Lot 6 Lot 5 Lot 4 1 Lot -7 Lot 2 Lit 300.0, Z: 20 alley alley, x /YX\1xxx\- 0 Y o 20' ALLEY ABANDONMENT Lot 7 lot 8 Lot 9 Lot 10 Lot t 12 5C.0 50.0' 50.0' 50.0' 5G. 50.0' Evc1on Street Lot Alley — Adjacent Owner Lot Ailey Ad,'ocent Owner 1 Douglas Memorial Church 7 Lester 'Washington 2 Douglas Mernorl7c] Church, 8 A.D. & Mamie V S3YMDtjr, E--st, 5 "�anch Eld,-idc,, -r-z c 51 e 9 Lucio Gc 4 indc & Charles Fclndol!,_-h 10 F.W. Wi'!ord 5 ;nda Stewart I I Howcrd''Ccm5tifie 6 &rir-, Eddl"e Vf. Ecgiin 12 SCALE 1•- 50' N w 5 CHAISON ADDITION 1 to the Citv surveyors Jeifers��n Texcs Regi,s,rercel Professional Land Sterve-y<irs v Sc;,,-h Fourth Street - Beaumont, Texas 7770 1 (409) 83 -6-22 Fcx 838-572- Moo Re cr-ds oi c 1 WVIIr'.Cc�70sSSL)rve,11'rrs.com � rpis51635)oof.cL m Texcs File: :G2221 W9 Technician: M-7 7 September 24,2013 Consider an ordinance approving a request for an HC-L (Historic Cultural-Landmark Preservation) Designation for the house at 195 N. 7rh Street RICH 14ITH OPPORTUNITY [11'EA1[111C111 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider an ordinance approving a request for an HC-L (Historic Cultural-Landmark Preservation) Designation for the house at 195 N. 7tn Street. BACKGROUND Revon & Marty Craig have applied for an HC-L (Historic-Cultural Landmark Preservation Designation for their home at 195 N. 7th Street. )A1. D. Orgain was the original owner of the home. His father, Will E. Orgain, opened a Beaumont law office in 1907 to handle litigation arising from the Spindletop oil boom. Major T. Bell joined the firm in 1933 and the firm has carried their names since 1945. Orgain, Bell & Tucker celebrated its 100th year in 2007 and remains one of the most respected firms in the nation. W. D. Orgain was a lawyer representing the Yount-Lee Company during the Spindletop years, winning every case against the federal Crude Oil Company. As attorney of record for Gulf Oil. he served brilliantly in cases with Rio Bravo, setting precedent and establishing right-of-way laws that still stand today. Mr. Orgain held many highly regarded positions during his life, including but not limited to chairman of the Board of Trustees of Southwestern University, State Democratic Committeeman from District 4, member of the Judicial Council of Texas, President of the Jefferson County Bar Associates & appointed to the Supreme Court Advisory Committee on rules of Civil Procedure. The home was designed by Augustin Babin and partner S. T. Beck of Babin& Beck Architects. Mr. Babin anong with colleague Fred Stone would later design the Art-Deco Jefferson County Courthouse, a recorded Texas Historic Landmark listed on the National Register of Historic Places. In 1933 Babin and colleague Neff were the architects for the Kyle Block, also listed on the national Register of Historic Places and recently restored. The Orgain's home at 195 N. 7th Street was completed in 1913 and considered unusual at a time when Victorian style homes were most popular. The large Craftsman was considered quite "avant-garde" and the talk of Beaumont when constructed. In 1926 the screened porch was enclosed and was used as a breakfast room. With a colorful the floor and numerous windows it would bring to mind a solarium, a coveted feature at that time. Other alterations include removing the south facing, dining room,bay window to add a large sun porch, a marble fireplace mantle/surround designed by Architect Douglas E. Steinman, heating and air conditioning installed by the United Gas Corporation in 1950 and an elevator for access to the second floor. The Craig's home is listed in the 1990 SPARE Beaumont Survey and is a contributing structure to the Oaks Historic District. At a Historic Landmark Commission Meeting held September 9, 201), the Historic Landmark Commission voted 10:0 to recommend approval of the request. At a Joint Public Hearing held September 16, 2013, the Planning Commission recommended approval by a vote of 7:0. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance 1. . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES North !h of Block 1, Tract A, Oaks, Beaumont, Jefferson County, Texas ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR THE HOUSE LOCATED AT 195 N. 7" STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT- Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by establishing an HC-L (Historical-Cultural Landmark Preservation) Designation for property located at 195 N. 7th Street, being the North '/z of Block 1, Tract A, Oaks, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - ile 56-HC: A req«es ft or historical-cultural designation t ocated in the Oaks Historic District. b o be applied to a propert ocation: 195 N. 7`}' Street N pplicant: Revon and Martha Craig ° Ica 2ao LIBERTY AVE L ` Feet Legend 56HC RCR-Iy _ RCR-H LAUREL ST R /, CR H; �R�,R ;H ,%/ RCR H z 0 RIMS R=S _ _ . R.S SOUTH ST R-S .. Iz R-S EXHIBIT "A" 8 September 24, 2013 Consider an ordinance amending the Fiscal Year 2013 Budget related to establishing a Street Improvements Fund from Airport Royalties RICH WITH OPPORTUNITY [I C . � T • E • X • A • S City Council Agenda Item TO: City Council FROM: kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 24. 201 3 REQUESTED ACTION: Council consider an ordinance amending the Fiscal Year 2013 Budget. BACKGROUND On August 6. 2013, Council approved a budget amendment in the amount of$54.142.100 which represented a transfer of oil and gas royalties and interest derived from the airport property from the General Improvements Fund to the Municipal Airport Fund. The transfer was made at the requirement of the Federal Aviation Administration (FAA) so that all oil and gas royalties were accounted for within the Municipal Airport Fund rather than the General Improvement Fund. Upon review by the City's Independent Auditor, it was determined that the transfer would classify the Municipal Airport Fund as a major fund for external reporting purposes in the City's Comprehensive Annual Financial Report (CAFR). Examples of funds that are classified as major fund would include the General Fund. Water Utilities Fund and Solid Waste Fund. Presenting the Municipal Airport in this manner could exaggerate the size of the City's airport operations and mislead users of the CAFR. In addition. it is confusing to readers of the CAFR to see a significant amount restricted in the airport fund for street improvements within the city. It is the recommendation of the independent auditor that a capital projects fund be established entitled Street Improvements from Airport Royalties. The new fund would account for the oil and gas royalties in the amount of$47.8 Million. The FAA has approved the creation of this new fund and the transfer of the royalties. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE PERIOD COMMENCING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013 BY APPROPRIATING $47,800,000 FROM THE MUNICIPAL AIRPORT FUND TO THE CAPITAL PROJECTS STREET IMPROVEMENTS FROM AIRPORT ROYALTIES ACCOUNT FOR OIL AND GAS ROYALTIES. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 and ending September 30, 2013 be and the same is hereby amended by appropriating $47,800,00 from the Municipal Airport Fund to the Capital Projects Street Improvements From Airport Royalties Fund to account for oil and gas royalties. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - 9 September 24, 2013 Consider a resolution authorizing the City Manager to execute a professional services agreement to update the Beaumont Municipal Airport Development Plan 4i4i;H Willi OPPORTUNITY BEA,UMON* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 0 PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a professional services agreement with H.W. Lochner, Inc. of Kansas City, MO to update the Beaumont Municipal Airport Development Plan in the amount of $141,600. BACKGROUND In 2005, the City in conjunction with TxDOT oversight and a Federal Aviation Administration (FAA) grant, contracted with BWR Engineering to prepare an Airport Development Plan. An Airport Development Plan is a 20 year master and capital improvement plan. Included in the Airport Development Plan is the Airport Layout Plan (ALP). The ALP defines all runways, taxiways, obstructions, and boundaries of the airport. Since the 2005Airport Development Plan, the City has redefined the airport property and completed many of the projects identified in the 20 year capital improvement plan. As part of the application approval process for the release of oil and gas revenues, the City agreed to update the Airport Development Plan and ALP. A proposal for the update was requested from Lochner, formerly BWR. Lochner will develop a plan that includes current operational activity, facility needs and the future operational demands of the airport. They will also update the ALP using the latest technology in mapping imagery. This project will be completed in approximately 270 days. A copy of Lochner's proposal is attached. FUNDING SOURCE Airport Fund. 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 Professional Services with H. W. Lochner, Inc., of Kansas City, Missouri, in the amount of $141,600 to update the Beaumont Municipal Airport Development Plan. The Agreement is substantially in the form attached hereto as Exhibit "A''' and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT CONTRACT FOR AIRPORT DEVELOPMENT PLAN BEAUMONT MUNICIPAL AIRPORT SECTION I 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 H.W.Lochner,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 City of Beaumont will update the Airport Development Plan for the Beaumont Municipal Airport 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. C. The Engineer,in consideration for the compensation herein provided,shall render all professional services necessary for the development of the Project to completion, as provided in this Agreement. EXHIBIT "A" Basic Services The Engineer shall perform the following basic services under this Contract as described in Attachment "A", Project Description and Scope of Work. The Engineer shall: I. 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. Furnish the City with five (5)copies of the Airport Layout Plan (ALP),three sets of final ALP plans, and one (1) CD-ROM containing electronic files of the narrative report and full set of AutoCAD file of a version compatible to the City's license. 4. Furnish any additional information as may be listed in the Project description (Attachment A). 5. Meet with City staff to discuss any proposed adjustments. 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.4. C. Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineer's or City's Offices,Project site, and not depicted in Attachment"A". E. Preparation of exhibits. F. Additional services due to significant changes in scope of the Project or its design 2 including but not limited to changes in size, complexity, or character of services as agreed to by both parties. G. Providing services after issuance of Letter of Acceptance from the City. IV. Coordination A. The Engineer shall hold monthly conferences or as deemed necessary 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,and be 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/Capital Projects Manager will act on behalf of the City with respect to the work to be performed under this Agreement. He/She 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 seek 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. 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. 3 B. Engineering Services The basis of compensation for Engineering Services including Additional Services shall be a lump sum as noted in Exhibit I of Attachment"A". The basic fee shall not exceed $141,600. 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: I. Ninety-five percent(95%)of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. 2. The remaining five percent(5%)shall be paid at the completion of each phase. 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. A past due charge of 1.0 percent per month will be added to all statements past due for more than forty-five (45) days. D. 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 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 4 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 perfomiance 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 perforined 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 actually performed 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 not previously disclosed to the City. XI. Equal Employment Opportunity The Engineer agrees to follow the City's Minority Business Enterprise Policy, XII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the prior written consent of the City. XIII. INDENINIFICATION/ILIABILITY 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 5 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 Liabilit), Insurance shall not be less than $250,000.00 per incident/$500,000.00 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. 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 6 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 $150,000 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 any person 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 US 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. XVIL Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. 7 SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the Engineer, authorized Vice President, does now sign, execute and deliver this document. Executed on this day of , A.D. 2013. Attest: H.W. Lochner, Inc. By Title Attest: CITY OF BEAUMONT By City Manager ATTACHMENT A � ^��* ��*� �~�| 8N^� Q�� 0�� U�� ��~� �~�� 0E-� ��� ��� �~�� H.W i Loohne5Inc. 803Eaa\104thStreet Suite 800 Kansas City, MO 84131 T 0183082690 September 1O. 2O13 F 815.353-0027 K8a Brenda Beadle Capital Projects yNona0er RO1 Main Street, Suite 2OO Beaumont, 7X77704 RE: Beaumont Municipal Airport /BMTl Airport Development Plan Update Proposed Draft Scope ofServices Lochner Opp. No. DOOU09O95 Dear Brenda.- We appreciate the opportunity 10 provide a proposal to update the Airport Development Plan for the Beaumont Municipal Airport/BK8Tl. hereinafter referred toas the 'Project.' The City Vf Beaumont, Texas, hereinafter referred to as the 'Sponsor', owns and operates the airport. The fee and bulleted list of scoping items shall also include an update to the Airport Layout Plan (ALP), as well as an obstruction survey provided under separate proposal from our partner, VVOo|pert. /nc, Dallas, TX. The purpose of the Project iato: • Identify airport users and establish a baseline of operational activity including both based airplanes and annual operations • Survey airport uoers, tenants and businesses to establish facility needs to serve users and to evaluate BMT's competitive standing within the Beaumont/Port Arthur airport market • Prepare demand forecasts todetermine the future operational tempo ofthe airport • Provide development alternatives within the terminal area to accommodate current and potential piston and turbine aircraft users • Establish a 0-5 year Capital Improvement Program including recommended projects and probable costs Our planned project approach ioas follows: A. PRELIMINARY SERVICES 1. The Consultant will coordinate and attend 1) ovisit to the airport Lo discuss issues and facts related to the proposed Project and2)amcopingrneetingm/iththeSponeorto formulate the project's e|emnenta, taska, meeting schedule and deliverable product type. This task will also include development of the preliminary Project manhour budget and fee schedule. LOCHNER Brenda Beadle September 10, 2013 Page 2 B. AIRPORT DEVELOPMENT PLAN Element 1 — Existing Conditions Task 1.1- Establish Planning Advisory Committee (PAC) and Project Kickoff Meeting An initial meeting will be held with the Sponsor to discuss the goals and objectives of the study and to outline the process that will be used throughout the project. Lines of communication will be established among the Sponsor, FBO, Consultant and TxDOT. Initial information about the project will be obtained and goals and objectives of the study will be discussed with the Sponsors' officials and airport stakeholders. Task 1.2 -Airport Site Visit The Consultant will conduct a site visit to gather pertinent data, interview airport management and patrons, take photographs, as well as visit city and county offices to gather pertinent airport information. Task 1.3 - Review/Confirm Existing Data Existing data pertaining to airport activity and local socio-economic characteristics will be assembled from local, state and federal sources to provide a basis for updating the forecasts of aviation demand for the airport. This task will include an evaluation and confirmation of the following airport items based on data collected as part of the previous Airport Development Plan: • Airport Setting • Airport Role • Management Structure • Airport Services • Fees, Rates and Charges • Historic Background • Airfield Facilities • Applicable Design Standards/Non-Standard Conditions • Terminal Area Facilities • Airspace System • NAVAIDS • Local Area Airports • Airport Environs and Local Land Use • Climatic Characteristics Information contained within the previous Airport Development Plan report will be used to the extent possible for this Project in order to reduce the fee estimate for this Element. � e�� ��� ��/ ��� N�� ��, U�� �~�� ��� �—� ��� 0�� N��� Brenda Beadle September 1D. 2D13 Page Task 1.4 - Operational Activity The Consultant will summarize historic airport activity and current based aircraft, general aviation, air taxi, helicopter and military opana1iona, as well as identify the airport's critical design aircraft. This information will be used to establish a baseline of operational and based aircraft activity /n order tV provide updated operational projections asp8rtofE|enlen[2 — [>em8nd Forecasts. Task 1.5 - Local Gooio-EconornicCharacteristics The Consultant will detail Jefferson County's population trends, age characteristics, median household and per capita income (PCI), labor force participation and industrial ernp|Oynleni This updated information will be used to provide useful data iD projecting basedGircroft. and annual aircraft operations aa part of Element 2— Demand Forecasts Task 1.0—Airport Tenant, Transient and Business User Survey The Consultant will prepare an on-line survey for tenants, transient users, as well as business users. This task will include the following components* • Survey Design and Planning • Development of Tenant, Transient and Business User Lists • Questionnaire Design • Loading of Survey onto VVeboite • Follow-Up ofNon-Respondents • Checking and Analysis ofResponses • Reporting and Presentation ofFindings Element 2 -Demand Forecasts The Consultant will prepare aviation demand forecasts for BMT based upon updated operational data collected as part of Element I —Existing Conditions for the short (2014-2019), intermediate (202O-2D25). and long-range (2026-2O34) time frames. Task 2.1 General Aviation Activity Forecasts Preparation of the demand forecasts, including a discussion of factors affecting future forecast, involves evaluation of past and present operational conditions, independent statistical projections ondtheuseofinfbnnedp/ofenoiono| 'udQrnent. Local and FAA- registered LOCHNER Brenda Beadle September 10, 2013 Page 4 aircraft information and other sources, along with local socioeconomic data, will be utilized to generate long-range forecasts for BMT. A preferred forecast, as recommended to the Sponsor, will be utilized to determine the updated future airfield and terminal area facility needs to accommodate projected aircraft and operational demand as discussed in Element 3 — Facility Requirements. The Consultant will prepare 20-year forecasts which will include the following: • Based Aircraft/Fleet Mix • Annual Operations • Air Taxi/Air Charter Operations • Aircraft Fleet Mix • Annual Instrument Approaches (AIA) • Future Critical/Design Aircraft Sponsor and TxDOT concurrence and approval of the preferred forecasts, as well as future critical aircraft, will be needed prior to continuing with Element 3 of the Project— Facility Requirements. Element 3 - Facility Requirements Facility requirements for BMT, based on updated demand forecasts, will be identified by phase (short, intermediate and long-range). Task 3.1 -Airfield Facility Requirements This task will include an evaluation and confirmation of the following airfield facility needs based on data collected as part of the previous Airport Development Plan, as well as the updated demand forecasts for this Project. They include: • Airfield Dimensional Criteria • Runway Length Requirements • Taxiway Requirements • Airfield Pavement Requirements • NAVAID requirements • Marking, Lighting and Signage Requirements • Airspace Requirements Task 3.2 - Terminal Area Facility Requirements This task will include an evaluation and confirmation of the following terminal area facility needs based on data collected as part of the previous Airport Development Plan, as well as the updated demand forecasts for this Project. They include: LOCHNER Brenda Beadle September 10, 2013 Page 5 • Peak Period Activity • Passenger Terminal Building • Auto Parking Requirements . Hangar Requirements • Apron and Tie-Down Requirements • Support Facility Requirements (e.g., fueling, maintenance & equipment facilities) Task 3.3 - Trigger Points for Facility Expansion The Consultant will summarize the trigger points that will influence completion of recommended capital improvements throughout the 20-year planning period which are based on the demand forecasts projections and the facility requirements analysis. Task 3.4 - Drainage Evaluation This task will include an evaluation and confirmation of the drainage improvements completed since the previous Airport Development Plan and be completed at the direction of the Sponsor, if needed, as the facility needs are established. The facility needs will potentially impact the stormwater management as facilities are built and/or improved in order to meet projected aviation demand (e.g., hangar, taxilane and apron construction, as well as taxiway reconstruction). This task will include the following items: • Review Existing Watershed Documents • Review Existing Drainage Patterns and System Inventory • Stormwater Quantity Review (e.g., Hydrologic Analyses) • Hydraulic Modeling (As needed) • Determination of Impacts Based on Facility Improvements • Preliminary Sizing of Storm Drainage Elements as They Relate To The Proposed Airfield and Terminal Area Facility Needs. Reconstruction of the parallel taxiway along with T-hangar and clear span/box hangar construction have the potential to increase and/or decrease runoff from of the site. However, new development typically increases stormwater runoff potential. A key consideration of the drainage evaluation would include: • Discussion of possible construction sequencing and/or site development strategies because the possibility of completing improvements will impact previously completed drainage improvements following the previous Airport Development Plan. Element 4- Development Alternatives Task 4.1 -Airfield/Airside Development Alternatives Based upon the recommendations of the airfield facility requirements established in E Brenda Beadle September 10, 2013 Page 6 Element 3, this task will involve the evaluation and confirmation of runway/taxiway development alternatives and land acquisition needs based on proposed improvements developed as part of the previous Airport Development Plan, as well as the updated facility requirements for this Project. These alternative development options will be approved by the Sponsor and encompass size, location, siting and configuration of the following airfield facilities: • Runway System/Taxiway System • Property Acquisition Task 4.2 - Terminal Area/Landside Development Alternatives Based upon the recommendations of the terminal area facility requirements established in Element 3, this task will involve the evaluation and confirmation of T-hangar and clear span/box hangar development alternatives based on proposed improvements developed as part of the previous Airport Development Plan, as well as the updated facility requirements for this Project. These alternative development options will be approved by the Sponsor and encompass size, location, siting and configuration of the following terminal area facilities: • Aircraft Hangars and Taxilanes • Clear Span/Box Hangar Apron • Support Facilities (e.g., fueling, maintenance & equipment facilities) • On-Airport Land Uses Element 5— Update Layout Plan Drawings The Consultant will provide a set of Airport Layout Plans (ALP) in accordance with the guidelines established in FAA Advisory Circular(AC) 150/5070-6B, Airport Master Plans, as amended. The ALP will also conform to the requirements of the TxDOT, Aviation Division. The ALP update will include the following sheets: • Airport Layout Drawing • Airspace Drawing • Inner Portion of the Approach Surface Drawing(s) • Terminal Area Drawing • Land Use Drawing • Airport Property Map The ALP approved in 2008 developed as part of the previous Airport Development Plan will serve as the basemap and base drawings for this Project. The aerial imagery collected as part of the obstruction survey will also be used as the updated base map for this task. The update to LOCHNER Brenda Beadle September 10, 2013 Page 7 the ALP will include a depiction of proposed airfield and/or terminal area needs, as well as land acquisition recommendations, determined as part of Elements 3 and 4. Element 6 —Capital Improvement Program The capital improvement program (CIP)will include the recommended capital improvement development projects, as well as their associated probable costs, that are based upon the findings of updated facility requirements and development alternatives completed as part of Elements 3 and 4. Task 6.1 - Establish Capital Improvement Program (CIP) The Consultant will complete a comprehensive schedule of recommended capital improvement projects for each phase of the 20-year planning period. The CIP will be utilized to establish project priorities. Phase 1 (0-5 year) capital improvements will be outlined by year and will be based on the 5-year CIP generated by the Sponsor and TxDOT and agreed to in January 2013 pursuant to the exemption of use of mineral revenue at the airport. Recommended projects occurring during Phase II (6-10 year) and Phase III (11-20 year)will be based on proposed airfield and/or terminal area needs, as well as land acquisition recommendations, determined as part of Elements 3 and 4. Task 6.2 - CIP Development Costs The CIP cost estimates will be based upon current (2013) dollar value without consideration being given to inflation in latter development phases. Proposed development cost estimates will be generated based upon unit prices that correspond to the breadth and size of the particular capital improvement. Additionally, development costs will take into consideration the unit costs as they relate to the Beaumont and Jefferson County region. Lastly, CIP cost estimates will include a distribution of costs for each year and project including the estimated Federal, state and local share of financial responsibility. As with the 0-5 year CIP, development costs for the 0-5 year period will be based on the CIP generated by the Sponsor and TxDOT in January 2013 pursuant to the exemption of use of mineral revenue at the airport. Task 6.3 - CIP Funding Sources This task will include an evaluation and confirmation of the following funding sources based on data collected as part of the previous Airport Development Plan and current federal and state guidelines: • Airport Improvement Program's (AIP) o Non-Primary Entitlement (NPE) o Discretionary Funding • TxDOT Grant Programs LOCHNER Brenda Beadle September 10, 2013 Page 8 o Routine Airport Maintenance Program (RAMP) o Hangar Program • Local Funding Task 6.4 - Cash Flow Analysis The updated cash flow analysis will involve the past five year period of operating expenses and airport revenues to gauge future potential of the Sponsor to fund local matches for future capital improvements. This task will include the most recent cash flow analysis as provided to the Consultant by the Sponsor. Element 7-Documentation and Deliverables Task 7.1- Final Draft Report Comments received regarding working papers from the Sponsor and TxDOT will be incorporated in a final draft report. Following review and comment and receipt of written comments on the final draft narrative report from the Sponsor, copies will be submitted to TxDOT for review. The Consultant will allow two weeks for TxDOT review of the final draft report at the direction of the Sponsor. Three (3) copies will be submitted for review by the Sponsor and two (2) copies for TxDOT. Task 7.2- Deliverable Product Following review and acceptance of the final draft report by the Sponsor and TxDOT, as well as approval of the ALP by TxDOT, the Consultant will prepare final deliverable narrative reports within 30 calendar days of receipt of Sponsor and TxDOT acceptance and approval. -Five (5) copies of the accepted report will be printed and submitted to the Sponsor. Each final report will contain reduced copies of the ALP drawings. In addition, three (3) full-size sets of the approved ALP drawings will be submitted to the Sponsor. One (1) CD-ROM containing electronic files of the narrative report and ALP drawings, as well as a full ALP set in AutoCAD will be submitted to the Sponsor. Two (2) copies of the final report and one (1) set of ALP drawings will be submitted to TxDOT. Also, a CD-ROM containing PDF versions of the narrative report and ALP drawings, as well as a full ALP set in AutoCAD will be submitted to TxDOT. Element 8-Coordination and Meetings Task 8.1- Project Coordination The Consultant will coordinate with the Sponsor throughout the course of the study. The Consultant will conduct up to three (3) meetings with the Sponsor, including a meeting to establish the Project approach and Scope of Services, and provide for meeting arrangements and notices. The Consultant will conduct the briefings, arrange the facility, prepare notices, prepare sign-in materials and prepare written responses to committee LOCHNER Brenda Beadle September 10, 2013 Page 9 and/or public queries regarding the development plan's conclusions and/or recommendations. Meeting Type Topic of Meeting Preliminary Meeting Project Approach/Scoping No. 1 Elements 1, 2 and 3 No. 2 Elements 4, 5 and 6 The Consultant will also submit working papers to the Sponsor and TxDOT for review and evaluation of the study conclusions and recommendations for each element of the development plan in advance of a scheduled meeting with the Sponsor. Three (3) copies of the working paper will be submitted to the Sponsor and two (2) copies will be submitted to TxDOT approximately seven days prior to each of the scheduled Sponsor meetings. Working Paper Element(s) No. 1 Nos. 1, 2 and 3 No. 2* Nos. 4, 5 and 6 (*) Includes the ALP Submittal to the Sponsor and TxDOT C. OBSTRUCTION SURVEY See Woolpert, Inc., proposed Scope of Services and fees to conduct the obstruction survey in the attached proposal. D. PROJECT SCHEDULE A. Preliminary Services As Required B. Update Airport Development Plan and Layout Plan 270 Calendar Days from receipt of NTP E. COMPENSATION SCHEDULE See Exhibit I, Planning Services—Cost Breakdown, on the following page. LOCHNER Brenda Beadle September 10, 2013 Page 10 EXHIBIT I PLANNING SERVICES-COST BREAKDOWN UPDATE AIRPORT DEVELOPMENT PLAN,LAYOUT PLAN AND COMPLETE OBSTRUCTION SURVEY BEAUMONT MUNICIPAL AIRPORT(BMT) BEAUMONT,TEXAS Principal Project Airport Airport Classification: in Charge Manager Planner Engineer Technician Hourly Rate. $197 $153 $123 $118 $64 A. PRELIMINARY SERVICES 1.Project Formulation 48 8 24 16 0 0 Total = $7,215 $1,575 $3,672 $1,968 $0 $0 Preliminary Services Suhtotal= '47 2 5 r. B DEVELOPMENT PLAN AND ALP UPDATE 1.Existing Conditions 128 2 32 90 0 4 Total =: $16,616 $394 $4,896 $11,070 $0 $256 2.Demand Forecasts 82 2 16 60 0 4 Total = $10,478 $394 $2,448 $7,380 $0 $256 3.Facility Requirements 86 2 8 48 24 4 Total = $10,610 $394 $1,224 $5,904 $2,832 $256 4.Alteratives Analysis 72 2 6 48 0 16 Total = $8,240 $394 $918 $5,904 $0 $1,024 5. Update Airport Layout Plan 94 2 16 48 4 24 Total = $10,754 $394 $2,448 $5,904 $472 $1,536 6 Capital Improvement Program 94 2 18 32 24 18 Total = $11,068 $394 $2,754 $3,936 $2,832 $1,152 7. Documentation and Deliverables 56 2 6 32 0 16 Total = $6,272 $394 $918 $3,936 $0 $1,024 8.Coordination and Meetings 74 2 32 32 8 0 Total = $10,170 $394 $4,8% $3,936 $944 $0 9.Out-of-Pocket Expenses Total = $7,878 'Includes airfare,rental car,meals,lodging,as well as materials and supplies t3eveTriprnent?Itlrt' ri ALR_d7pdateubfotal= FIBS .:_ n ,_ ,. C OBSTRUCTION SURVEY Woolpert,Inc.,Dallas,TX 8 0 0 0 8 0 Total = $42,300 $0 $0 $0 $0 $0 ��` CL'p)( S 11'vey;54i[7fC'f,211. ., ,�+N"I'M :.. ..a',x p p'+.,",-,'�' .k�ars.�c'�� t Employee Principal Project Airport Airport Classification in Charge Manager Planner Engineer Technician Hourly Rate $197 $153 $123 $118 $64 Total Hours 24 158 406 60 86 Per Classification LOCHNER Brenda Beadle September 10, 2013 Page 11 Thank you for allowing Lochner to advise the city regarding this proposed Project. We look forward to discussing these scoping items in greater detail as we move forward with the planning process. In the meantime, please do not hesitate to contact us at 800.748.8276 should you have any questions or comments. Very truly yours, LOCHNER de Mike Waller, CM Senior Associate Attachment cc: Michelle Hannah, TxDOT(via email) Jason Knipp, Lochner(via email) Steve Harris, Lochner(via email) 10 September 24, 2013 Consider a resolution approving the award of an annual contract to Tyler Uniform. Inc. for the purchase of work uniforms used in various City departments RICH WITH OPPORTUNITY 11EA,[111C111T T - E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 24, 2013 REQUESTED ACTION: Council consider a resolution approving the award of an annual contract to Tyler Uniform, Inc., in the estimated amount of$72,534.50 for City work uniforms, for use by all City departments other than Police, Fire and EMS. BACKGROUND City employee work uniforms include men's and women's pants and shirts, as well as other items such as jackets, coveralls, and caps when appropriate. Currently, approximately 400-500 civilian employees are issued three (3)to five (5) sets of uniforms each year. Individual City departments determine the number of uniforms issued to each employee. Bids were solicited from seven (7) vendors. Responses were received from three (3) vendors. Administration recommends an annual contract for the purchase of civilian employee work uniforms from Tyler Uniform, Inc., of Tyler, Texas, at the unit prices listed on the attached Bid Tabulation in an estimated annual amount of$72,534.50. Tyler Uniform, Inc., is holder of both past and current contracts for Fire Department uniforms, and has satisfactorily serviced those contracts. A local vendor preference application was included in the bid package by mistake. State law does not allow for a preference to be given for this type of purchase. The overall bid from Tyler Uniform, Inc., provides the best value to the City. FUNDING SOURCE User departments' operating budgets. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of work uniforms; and, WHEREAS, Tyler Uniform, Inc., of Tyler, Texas, submitted a bid in the unit amounts shown on Exhibit "A," attached hereto and made a part hereof for all purposes, for the estimated amount of$72,534.50; and, WHEREAS, City Council is of the opinion that the bid submitted by Tyler Uniform Inc., of Tyler, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Tyler Uniform, Inc., of Tyler, Texas, in the unit amounts shown on Exhibit "A," attached hereto and made a part hereof for all purposes, for an annual contract in the estimated amount of$72,534.50 for the purchase of work uniforms be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. - Mayor Becky Ames - PAt-p W1!p h Y.ipi6 M1f:` -BEAUMON*. T , y , z . A , g CITY OF BEAUM ONT,BEAUM ONT,TEXAS PURCHASING DIVISI ON BID TABULATI ON Bid Name:Annual Contract For Work Uniforms Bid Number:BF0713-21 Bid Openi Thursday,August 29,2013 Contact Person:Robert(Bob)Hollar,Buyer II rhollarAci.beaumont.tx us Phone:409-880-3758 SECTION 1-WORK UNIFORMS Vendor Promotional Design,Inc. Tyler Uniform,Inc Munro's Safety Apparel City,State Dallas Tyler,TX Beaumont Phone (214)295-8679 (800)444-9291 (409)832-3434 ITE %For Unit Extended %For Extended %For Extended M DESC Qty Oversize Price Price Oversize Unit Price Price Oversize Unit Price Price Men's Long Sleeve Shirts(White,Lt - 1 Blue or Lt.Tan)REDCAP SP14 600 20% $9.95 $5,970.00 20% $11.20 $6,720.00 30°/ $10.00 $6,000.00 2 Men's Short Sleeve Shirts(White,Lt 600 20% $8.70 $5,220.00 20% $9.40 $5,640.00 20% $8.00 $4,800.00 Blue or Lt."ran)RED CAP SP24 3 Women's Long Sleeve Shirts(White,Lt. 125 20°0 $1125 $1,40625 20% $12.70 $1,587.50 2010 $12.00 $1,500.00 Blue or Lt.Tan)REDCAP SP 13 4 Women's Short Sleeve Shirts(White,Lt 80 20 0/0 $9.50 $760.00 20% $10.50 $840.00 20% $10.00 $800.00 Blue or Lt.'ran)REDCAP SP23 5 Men's Pants Regular Style(Navy. 700 200,; $12.85 $8,995.00 20% $13.70 $9,590.00 20% $13.00 $9,100.00 Brown 'or White)RECAP PT20 6 Men's Pants.lean Cut Style(Navy or 200 20% $16.45 $3,290.00 20% $16.15 $3,230.00 20% $16.00 $3,200.00 Brown)REDCAP PT50 7 Men's Dungaree w/hammer loop,Navy 50 20°io $15.00 $750.00 20% $17.15 $857.50 20% $1600 $800.00 Red Ca PD80 or Equal 8 Denim Jeanks,Dk Blue,Red Kap PD40 50 20% $13.00 $650.00 20% $14.90 $745.00 200i6 $14.00 $700.00 or Equal Women's Pants,Red Kap PT21 or equal o o 0 $14.00 $2,100.00 9 150 2010 $13.75 $2,062.50 20% $15.45 52,317.50 =O,o TOTAL SECTION 1 $29,103.75 $31,527.50 $29,000.00 SECTION 2-SUPERVISOR UNIFORMS 10 MES/S S/S DRESS SHIRT RED KAP 200 200/0 $15.75 $3,150.00 20% $15.50 $3,100.00 20% $2100 $4,600,00 SP80 ORE UAL I I MEN'S L DRESS SHIRT RED KAP 100 20% $17.00 $1,700.00 20% $17.20 $1,720.00 20% $25.00 52,500.00 SP90 ORE UAL 1, MEN'S POLO SHIRT RED KAP 100 209/0 $16.25 $1,625.00 20% $15.45 $1,545.00 20% $24.00 $2,400.00 SK82,'SK72 ORE UAL 13 MEN'S WORK PANT RED KAP PT 10 100 2 °.io $15.00 $1,500.00 20% $16.65 $19665.00 20°0 $16.00 51,600.00 ORE UAL 14 WOMEN'S S'S DRESS SHIRT RED 0 0 0 $15.75 $315.00 20/o $15.50 $310.00 0% KAP SP81 ORE UAL 2 2 0 e ? ° $23.00 $460.00 WOMEN'S L/S DRESS SHIRT,RED I KAP SP91 ORE UAL 20 20% $17.00 $340.00 20% $17.20 $344.00 20% $25.00 $500.00 16 WOMEN'S POLO SHIRT RED KAP 50 20% $16.25 $812.50 20/ $15.40 $770.00 20",, $24.00 $1,200.00 SKI I ORE UAL WOMEN'S WORK PANT RED KAP $15.10 $15.45 ;o $1600 17 PTII ORE UAL 50 20°0 $772.50 0 2 °$755.00 20% $800.00 TOTAL SECTION 2 1 $10,197.50 $10,226.50 $14,060.00 SECTION 3-COVERALL JACKETS&MISC 18 TEAM JACKET,RED KAP JT38/JT50 200 20% $25.85 $5,170.00 20% $28.40 $5,680.00 20°o $26.00 $5,200.00 OREQUAL 19 PANEL JACKET,RED KAP JT50 OR 50 20% $29.00 $1450.00 20% $29.65 $1,482.50 209. $26.00 $1,300.00 EQUAL, 20 DUCK INSULATED VEST RED KAP 50 20% $3425 $1,712.50 20% $38.50 $1,925.00 20°ii VD22 OR EQUAL $35.00 $1,750.00 21 COVERALL.US RED KAP CTI0,VB6 100 20°% $2175 $2,375.00 20% $27.30 $2,730.00 20°0 $22.00 $2,200.00 OR EQUAL COVERALL_S/S RED KAP CT ONV4 22 100 20 1/0 $2225 $2,225.00 20% $23.70 $2,370.00 20°0 $23.00 $2,300.00 ORE UAL 23 DENIM BIB OVERALL RED KAP 50 20% $29.80 $1,490.00 20% $32.40 $1,620.00 201-6 $30.00 $1,500.00 BD10 ORE UAL, 24 DUCK BIB OVERALL(WELDERS) 10 20 10 $78.00 $780.00 20% $86.30 $863.00 20 10 $8000 $800.00 RED KAP BD30 ORE EQUAL 25 BALL CAP 2000 1 $2.40 $4,800.00 $4.00 A000.00 $T00 $14,000.00 111 VIS SAFETY VGEST ANSI CLASS 26 3,RED KAP VYV2YE OR EQUAL 200 20 10 $4525 $9,050.00 20% $9.00 $1,800.00 20°0 $8.00 $1.600.00 H[VIS T-SHIRT FLUOR YELLOW, 27 200 20 1% $9.50 $1,900.00 20% $10.75 $29150.00 20 00 $9.00 $1,800.00 RED KAP SY06YE ORE UAL EXHIBIT "A" 28 TO PATCH CITY OF BMT BLUE 2000 $2.95 $5,900.00 $1.00 $2,000.00 $2.50 $5,000.00 &BROWN 29 ILOGO PATCH CIVIC CENTER 100 $2.95 $295.00 $1.60 $160.00 $350 $350.00 TOTAL SECTION 3 $37,147.50 $30,780.50 $37,800.00 TOTAL BID $76,448.75 $72,534.50 $80,860.00 5%Local Vendor Consideration Net Bid 1 $76,817.00 No Response-Cintas,Cotton Cargo,Career Unifomts,Code Blue,Lone Star WORK SESSION * Tour Tyrrell Park and Cattail Marsh