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HomeMy WebLinkAboutPACKET MAR 05 2019BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 5, 2019 1:30 PM CONSENT AGENDA Approval of minutes — February 26, 2019 * Confirmation of board and commission member appointments A) Authorize the City Manager to accept maintenance and authorize a final payment to Jack Built, of Orange for the Painting of the Tyrrell Historical Library Ceiling B) Authorize the City Manager to execute a Joint Election Agreement between Jefferson County and the City of Beaumont for the General Election being held jointly with the Port of Beaumont and Beaumont Independent School District for the May 4, 2019 General Election C) Approve a resolution granting authority to certain employees to approve and initiate electronic funds (wires) or ACH transfers of any and all City funds on deposit at Wells Fargo Bank, NA D) Approve amending a resolution authorizing the granting of four Utility Crossing Agreements with Exxon -Mobil Oil Corporation F3 BEAUMONT TEXAS TO: ICity Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: March 5, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to - accept maintenance and authorize a final payment to Jack Built, of Orange for the Painting of the Tyrrell Historical Library Ceiling. BACKGROUND On June 19, 2018, by Resolution No. 18-128, City Council awarded Jack Built, of Orange the contract for the Painting of the Tyrrell Historical Library Ceiling in the amount of $80,257.81. The project has been inspected by the Facilities Maintenance Department and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $80,257.81 is recommended. FUNDING SOURCE Tyrrell Historical Library Trust Fund. RECOMMENDATION Approval of the resolution. O.J'A' GKBUILT 5317 Old Hwy 90, Orange, TX 77630 PLEASE REMIT PAYMENT TO: 1716 Longfellow Rd. Orange, TX 77630 Invoice Date Invoice# 2/15/2019 953 Bill To City of Beaumont PO Box 3827 Beaumont, TX 77704 P.O. No. Terms Project 392795 001 Terryll Library Prior % Curr % Description Qty Rate Amount 100.00% Painting of the Tyrrell Historical Library Ceiling - BID # 80,257.81 80,257.81 TF0518-29 Total $80,257.81 Payments/Credits $0.00 Balance Due $80,257.81 Phone # (409)877-1630 RESOLUTION NO. WHEREAS, on June 19, 2018, the City Council of ,the City of Beaumont, Texas passed Resolution No. 18-128 awarding a contract in the amount of $80,257.81 to Jack Built, of Orange, Texas, for painting of the Tyrrell Historical Library ceiling; and, WHEREAS, the project has been inspected by the City of Beaumont Facilities Maintenance Department and found to be complete in accordance with the provisions and terms set forth in the contract; 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 painting of the Tyrrell Historical Library ceiling be and the same is hereby, found to be complete in accordance with the terms of the contract and are accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $80,257.81 to Jack Built, of Orange, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: March 5, 2019 REQUESTED ACTION: Council to consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson County and the City of Beaumont for the General Election being held jointly with the Port of Beaumont and Beaumont Independent School District for the May 4, 2019 General Election. BACKGROUND This joint Election Agreement is a requirement of Jefferson County for the County Clerk to coordinate and handle all services of equipment for the Joint Election in accordance with the provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson County for equipment, supplies, services and administrative costs. The City Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective elections. 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 joint Election Services Agreement between Jefferson County and the City of Beaumont for the City of Beaumont General Election being held jointly with the City of Beaumont, the Port of Beaumont and Beaumont Independent School District. The Agreement is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2019. - Mayor Becky Ames - ELECTION SERVICES CONTRACT AND LEASE AGREEMENT BETWEEN JEFFERSON COUNTY CLERK AND City of Beaumont, Beaumont Independent School District and The Port of Beaumont This agreement made and entered into, by and between Jefferson County, hereinafter referred to as "County", acting herein by and through its County Election Officer, Carolyn Guidry, County Clerk, and City of Beaumont, Beaumont Independent School District and The Port of Beaumont hereinafter referred to as "Political Subdivision", acting herein by and through its Boards. WHEREAS, Political Subdivision is required to conduct an election on May 4, 2019; TRIS CONTRACT is made this day of , 2019 by and between the Political Subdivision of City of Beaumont, Beaumont Independent School District and the Port of Beaumont , hereinafter called "Political Subdivision" and Jefferson County, Texas, by its County Elections Officer, Carolyn Guidry, hereinafter called "Contracting Officer," pursuant to Texas Election Code Section 31.092. The parties agree to enter into an election services agreement with each other in accordance with Chapter 271 of the Texas Election Code and this Agreement. This Agreement is entered into in consideration of the mutual covenants and promises hereinafter set out: 1. RECITALS. Contracting Officer is the County Clerk of Jefferson County, Texas, and is the County Officer in charge of election duties. Political Subdivision is a political entity situated wholly or partially within Jefferson County, Texas. Political Subdivision and Contracting Officer have determined that it is in the public interest of Jefferson County voters that the following contract be made and entered into for the purpose of having Contracting Officer furnish to Political Subdivision(s) certain election services and equipment needed by Political Subdivision(s) in connection with the holding of its May 4, 2019, Election. Jefferson County's certified Hart InterCivic electronic voting equipment is to be used in this Political Subdivision(s) Election. 2. DUTIES AND SERVICES OF CONTRACTING OFFICER. Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: (a) Prepare and test all electronic voting equipment, format ballot styles, secure audio, oversee all equipment and voter registration database programming, assure compliance with equipment security requirements. Arrange for transport of equipment to and from polling locations. (b) Procure election kits and supplies and distribute to the precinct judges and early voting clerks. Obtain from the Tax -Assessor /Voter Registrar lists of registered voters to be used in conducting the election in conformity with the boundaries of Political Subdivision and the election precincts established for the election. Provide an updated voter registration database on Election Day with all voters from Early Voting marked voted. EXHIBIT "1" (c) Publish legal notice of the date, time and place of the public logic and accuracy test. Prepare test materials and conduct internal election testing, public logic and accuracy test, and tests of tabulation equipment. (d) Arrange for tabulation personnel, and all equipment and supplies needed at central counting station. Tabulate early voting, election night, paper mail ballots and provisional ballots. Tabulate unofficial returns and assist in preparing the tabulation for the official canvass. Provide Political Subdivision its entire election database and records for retention. (e) Arrange for the use of Early Voting locations and Election Day polling locations. If emergency replacement polling locations are needed, Political Subdivision shall make necessary alternate arrangements to locate another public place (or if unavailable, a private building). (f) Serve as Early Voting Clerk for this Joint Election and process, print, mail, and tabulate ballots for any eligible voter, who applies for a ballot by mail including all eligible FPCA applicants. Supervise the conduct of early voting in person and appoint sufficient personnel to serve as deputy early voting clerks. Provide lists of early voters as provided by law if requested by Political Subdivision. (g) Maintain accurate records of all expenses incurred in connection with the responsibilities under this Agreement and provide Political Subdivision a final invoice after the conduct of the election. Provide any detailed backup to such invoice, if requested, reflecting the charges or components of the costs set forth on the invoice submitted to Political Subdivision. (h) The Contracting Office is responsible for Counting Station staffing and payroll. The Contracting Officer will also pay the aforementioned for their services and time in accordance with their rate of pay policy. (i) Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code, unless waived by the Secretary of State. A written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned Election Code. If requested, Contracting Officer shall provide a written report to Political Subdivision in a timely manner. 0) The Contracting Officer shall place the funds paid by Political Subdivision hereunder in a "contract fund" as prescribed by Section 3 1. 100 of the Texas Election Code. 3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Political Subdivision shall be responsible for performing the following duties: (a) Prepare all election orders, resolutions, notices, and other pertinent documents for adoption and execution by the appropriate Political Subdivision officer or body. Take all actions necessary for calling the Political Subdivision Election which are required by the Texas Election Code and/or the Political Subdivision's governing body, charter, ordinances, or other applicable laws. Execute an Election Services Contract Agreement with Jefferson County Clerk for the purpose of election administration. Serve as temporary Custodian of Records for all election records in its possession during the course of the election. (b) Political Subdivision shall be responsible for the legal sufficiency of any order calling their election. Political Subdivision shall be responsible for all substantive and procedural legal issues governing the conduct of their election. Political Subdivision understands and agrees that Contracting Officer provides no legal advice to Political Subdivision. (c) Adopt the county voting precincts for this election. Political Subdivision shall adopt any of the early voting locations used by the county located in the Political Subdivision's jurisdictional boundaries and may "add any additional locations and adopt all early voting dates, and hours recommended by the Contracting Officer in accordance with the Texas Election Code as listed on Exhibit A — Early Voting Locations. Political Subdivision shall adopt the Election Day Vote Center polling locations on the attached Exhibit B — Election Day Vote Centers for each county voting precinct that is within its jurisdictional boundaries. All nineteen (19) locations must be adopted in order to maintain status as Vote Centers. Political Subdivision shall confirm the accuracy of its jurisdictional boundaries and precincts. (d) Notify and coordinate presiding judges, alternate judges, and all other election clerks required to administer the Election Day duties. Retrieve compensation sheets and pay the aforementioned at a rate of $10 per hour times the number of hours worked plus the delivery fee applicable. (e) Arrange for poll worker training through a third party or conduct necessary training. Notify all Early Voting and Election Day officials of the date, time and place thereof. (f) Make the appointment for the members of the Signature Committee and furnish names, addresses and contact numbers to the Contracting Officer. (g) Prepare, post and publish all required election notices for Political Subdivision. In addition, if this election's polling locations are different than Political Subdivision's previous election, Political Subdivision shall post notice at the entrance to any previous polling places in its jurisdiction stating that the location has changed and provide the polling location and address for those voters for this election, pursuant to Texas Election Code Section 43.062. Educate the voters in Political Subdivision on early voting times and places and Election Day polling locations. (h) Political Subdivision shall confirm with Tax-Assessor/Voter Registrar its boundaries, county voting precincts and street details within those boundaries. Political Subdivision will validate all boundaries are defined properly within Jefferson .County voter registration database, maps and street lists with block ranges and odd/even/both indicators before the coding and programming of the ballot begins. If changes are necessary after programming has begun, the Political Subdivision responsible will incur the cost of re -programming for all entities involved. Political Subdivision must proof and approve all programming work done for the jurisdiction according to the attached Exhibit C- CALENDAR 0) Deliver to Contracting Officer, according to the attached Exhibit C - CALENDAR, ballot language with Spanish translations, candidate names or measures, the order in which they are to 3 be printed on the ballot with the exact form and spelling. Provide pronunciation for difficult names or words to use on the audio recording. Timely review and sign off on ballot proofs. (k) Provide information services for voters and election officers. (1) Pay prorated additional costs incurred by Contracting Officer if a recount for said election is required, the election is contested in any manner, or a runoff is required. (m) Canvass the returns and declare the election results for Political Subdivision. Political Subdivision is responsible for filing any precinct reports required by the Secretary of State. (n) Serve as Custodian of Records for election records and provide for the retention of said election records as provided by law. (o) The deposit will be waived for this Election Agreement for all Political Subdivisions. All costs will be assessed according to attached schedule on Exhibit -D — Contract Costs and a detailed billed will be rendered within 30 days after the canvassing of the election or the receipt of all invoices needed to validate the billing. Any discrepancies in billing should be addressed immediately. (p) City of Beaumont and Beaumont Independent School District agree to enter into a Joint Election Agreement in compliance with SECTION 11.0581. Subchapter C, Chapter 11, Education Code if said entities call for an election on May 4, 2019. 4. COST OF SERVICES. Political Subdivision shall share some expenses for the above services, supplies and equipment. Only the actual expenses directly attributable to this Agreement and any prorated shared expenses may be charged to Political Subdivision, plus a 10% administrative fee. 5. GENERAL CONDITIONS. (a) The parties agree that the timing is critical on all duties in this Agreement. Lack of adherence to any deadline in the CALENDAR without prior agreement of Contracting Officer may result in cancellation of Contracting Officer's duties and obligations to conduct Political Subdivision's election under this Agreement or, at the discretion of Contracting Officer, a late penalty surcharge i_n_an_amount not to exceed 10% of the final election_ cost;.. Adherence to. the CALENDAR is crticalFbecause .of Jefferson County's obligation .to complete all p"rogrammng and testing and tq process, and prinvorder the mail inihtary-and. overseas ballots by state/federal deadlines to .be proyided-toNthe _Ea -1 Voting Clerk -- _ _ (b) In accordance with Section 31.098 of the Texas Election Code, Contracting Officer is authorized to contract with third persons for election services and supplies and is authorized to hire necessary temporary personnel to perform contracted duties. Part-time personnel will be compensated at the hourly rate set by Jefferson County. 4 (c) Political Subdivision acknowledges that electronic voting equipment is highly technical and it is conceivable that, despite the best effort of the parties and technical assistance, it might fail during the election. Contracting Officer will do whatever is possible to remedy the situation, but Political Subdivision agrees that should such equipment fail, it will not make any claim for damages of any kind. (d) Any qualified voter in the Joint Election may vote early by personal appearance at any of the joint early voting locations or at any Vote Center/Polling Location on Election Day. (e) Jefferson County Elections Department may contract with numerous political entities for the Joint Election, and the parties agree that all ballot styles will be programmed into one electronic voting system. Each voter will receive one ballot which contains all races and issues in the Joint Election for which the voter is eligible at the address and in the precinct in which the voter is currently registered. One joint voter sign -in process consisting of.a common list of registered voters and common signature rosters shall be used in precincts in which the county polling locations are used. (f) The Contracting Officer shall file copies of this Agreement with the Auditor and Treasurer of th Jefferson County not later than the 10 day from receipt of the fully executed contract by Contracting Officer. (g) Jefferson County is self-insured for personal liability issues. Should Political Subdivision desire insurance for injuries during this election or other liabilities, entity shall make such arrangements separate from this Agreement. (h) In the event that the performance by Contracting Officer of any of its obligations hereunder shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether such occurrence be an act of God or the result of war, riot, civil commotion, sovereign conduct, or the act or condition of any persons not a party thereof, then it shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. (i) The parties to this Agreement agree that Political Subdivision may cancel this Agreement in the event that it has no need to conduct an election by 60th day before Election Day. If Political Subdivision's election is cancelled after deadline, a $200 contract preparation and processing fee will be due in addition to any costs incurred by Contracting Officer on behalf of Political Subdivision prior to said cancellation. 0) The Political Subdivision has the option of extending the terms of this Agreement through its runoff election, if applicable. Political Subdivision may reduce the number of the adopted early voting locations and/or Election Day voting locations in which precincts are not involved in a runoff election. In the event of a runoff which Political Subdivision wants Contracting Officer to conduct, Political Subdivision agrees to attempt to coordinate the date with other entities participating in this Joint Election. If Political Subdivision elects to have Contracting Officer conduct a runoff election, the cost will be determined by the number of entities participating and the actual costs plus administrative fees. Political Subdivision will be responsible for all orders, 5 notices, and publications required for their runoff except the publication of the public logic and accuracy test which Contracting Officer will publish. 6. DISPUTE RESOLUTION PROCEDURE The parties agree to use dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Agreement. Either party must give written notice to the other party of a claim for breach of this Agreement not later than the 180th day after the date of the event, giving rise to the claim. By their execution of their Agreement, the parties acknowledge and knowingly and voluntarily agree that neither the execution of this Agreement; nor the conduct, act or inaction by any person in the execution, administration, or performance of this Agreement constitutes or is intended to constitute a waiver of the party's immunity from suit with respect to claims of third parties. 7. ENTIRE AGREEMENVAMENDMENT This Agreement constitutes the entire agreement between the City of Beaumont, Beaumont Independent School District ,the Port of Beaumont and the Contracting Officer. This Agreement may be amended only in writing and signed by the parties. 8. NOTICES Except as otherwise provided in this section, all notices, consents, approvals, demands, request, or other communications provided for or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have duly given or served when delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage prepaid, and addressed as set forth below or to such other person or address as may be given in writing by either party to the other in accordance with this section: City of Beaumont, Texas: Tina Broussard, City Clerk 801 main Beaumont Beaumont, Texas 77701 Beaumont Independent School District: Georgia Antoine 3395 Harrison Beaumont, Texas 77706 0 Port of Beaumont: Ashley Sanders 1225 Main Street Beaumont, Texas 77701 JEFFERSON COUNTY: Carolyn L. Guidry, County Clerk P. O. Box 1151 Beaumont, TX 77704 IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of 32019. City of Beaumont, Texas By: Name: Kyle Hayes Title: City Manager Attest: (seal) IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of 52019. Jefferson County, Texas By Name: Jeff Branick Title: County Judge Attest (seal) IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of , 2019. By: _ Name Title: Attest: 0 Jefferson County, Texas Carolyn L. Guidry County Clerk (seal) IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of , 2019. Beaumont Independent School District By: Name: A B Bernard Title: Board President Attest: (seal) IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of , 2019. Jefferson County, Texas By Name: Jeff Branick Title: County Judge Attest (seal) IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of , 2019. By: _ Name: Title: Jefferson County, Texas Carolyn L. Guidry County Clerk Attest: (seal) IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of 12019. Port of Beaumont By: Name: David C. Fisher Title: Port Director & CEO Attest: (seal) IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of , 2019. Jefferson County, Texas By Name: Jeff Branick Title: County Judge Attest (seal) IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has caused this Agreement to be executed on the day of 12019. By: _ Name Title: Attest: 10 Jefferson County, Texas Carolyn L. Guidry County Clerk (seal) EXHIBIT A NOTICE OF EARLY VOTING LOCATIONS FOR MAY 4, 2019, JOINT GENERAL ELECTION [City of Beaumont, Beaumont Independent School District & Port of Beaumont] (AVISO de LOCALIZACIONES Y de HORAS de VOTACIONADELANTADA PARA EL 04 DE MAYO DE 2019, ELECCION GENERAL CONJUNTA) [Incluye la ciudad de Beaumont y Escuela Independiente del Distrito Beaumont y Puerto de Beaumont] EARLY VOTING LOCATIONS: (Localizaciones de Votaciones Adelantada): Jefferson County Courthouse - Main Rogers Park Recreation Center Theodore Johns Library John Paul Davis Community Center BISD Administration Bldg. 1085 Pearl., Beaumont, Texas 6540 Gladys, Beaumont, Texas 4255 Fannett Rd., Beaumont, Texas 3580 E Lucas, Beaumont, Texas 3395 Harrison, Beaumont, Texas DATES AND HOURS FOR ALL ABOVE LOCATIONS: (Fechas y Horas para todas las localizaciones): April 22 — 26 Monday - Friday (Abril 22 — 26) (Lunes - Viernes) April 27 Saturday (Abril 27) (Sabado) April 29— 30 Monday - Tuesday (Abril 29 — 30) (Lunes - Martes) 11 8:00 a.m. - 5:00 p.m. 8:00 a.m. — 5: 00 p. m. 7:00 a.m. - 7:00 p.m. 7:00 a.m. - 7: 00 p.m. 7:00 a.m. - 7:00 p.m. 7:00 a.m. - 7: 00 p. m EXHIBIT B P-recmcts Voting P Location`P� r{ gg vo`tac oh ,errs el � aa� a Locarzacron)(Lacalrzaciaries) G� Election ,®ay Polling Places � _ G M aADDRESS P tis ,,; �;„� ��i h. (D�reccrdn) _ k State, CO(�r O (eudad, Estad g postal') ALL (todos) Amelia Elementary School 565 S. Major Dr Beaumont, TX 77707 ALL (todos) Beaumont Municipal Airport 455 Keith Rd. Beaumont, TX 77713 ALL (todos) ' Bevil Oaks City Hall 13560 River Oaks Blvd. Bevil Oaks, TX 77713 ALL (todos) BISD Administration Building 3395 Harrison Ave. Beaumont, TX 77706 ALL (todos) Calvary Baptist Church 3550 Dowlen Rd. Beaumont, TX 77706 ALL (todos) Dishman Elementary 3475 Champions Dr. Beaumont, TX 77707 ALL (todos) O.C. Mike Taylor Career Center 2330 North St. Beaumont, TX 77702 ALL (todos) Rogers Park Community Center 6540 Gladys Ave. Beaumont, TX 77706 ALL (todos) Roy Guess Elementary 8055 Voth Rd. Beaumont, TX 77708 ALL (todos) Jerry Ware -Airport Terminal 5000 Jerry Ware Dr. Beaumont, TX 77705 ALL (todos) Alice Keith Park Recreation Center 4075 Highland Ave. Beaumont, TX 77705 ALL (todos) Charlton -Pollard Elementary 825 Jackson St. Beaumont, TX 77701 ALL (todos) Dr..Mae Jones -Clark Elementary 3525 Cleveland St. Beaumont, TX 77703 ALL (todos) Jefferson County Courthouse 1001 Pearl St. Beaumont, TX 77701 ALL (todos) MLK Middle School 1400 Avenue A Beaumont, TX 77701 ALL (todos) John Paul Davis Community Center 3580 E. Lucas Dr. Beaumont, TX 77703 ALL (todos) Precinct 4 Service Center 7780 Boyt Rd. Beaumont, TX 77713 ALL (todos) Sterling Pruitt Center 2930 Gulf St. Beaumont, TX 77703 ALL (todos) Theodore Johns Library 4255 Fannett Rd. Beaumont, TX 77705 12 EXHIBIT C CALENDAR The Political Subdivision agrees that timing is critical, and lack of adherence to this CALENDAR without prior agreement of Contracting Officer may result in additional charges or cancellation of Contracting Officer's duties and obligations to conduct Political Subdivision's election under this Contract. School Districts must adhere to all deadlines, even if on Spring Break. Please refer to the Texas Secretary of State's website for a complete calendar of events including citations to the Texas Election Code and for information specific to entity type. Confer with your attorney on, any statutes that govern your entity. Please comply with all orders, postings and notices as required for your Political Subdivision. Contracting Officer will provide the publication of one Notice of Public Test in English and Spanish. JANUARY 1, 2019 Prior to January 1, 2017, each Political Subdivision is responsible for validating with the Voter Registrar that the boundaries for their voting precincts are correct and supplying the Contracting Officer with a map of such boundaries. Monday, February 25, 2019 68"' day before Election Day Recommended date to conduct ballot position drawing Notice of ballot position drawing must be posted for 72 hours immediately preceding time of drawing. **Please schedule ballot drawing as soon as possible and email the BALLOT FORMAT AND ORDER OF CANDIDATES ON BALLOT to Contracting Officer at guidrvna co.jefferson.tx.us. AND CC ndo�na,co.jefferson.tx.us ** Tuesday, March 5, 2019 60th day before Election Day Last day for the governing body of a political subdivision to deliver notice of the election to the county clerk/elections administrator and voter registrar of each county in which the political subdivision is wholly or partly located (Sec. 4.008) Deadline to notify Contracting Officer via email of the following items: • if Political Subdivision has a contested election. • candidate names, including write-in candidates. • any candidate withdrawals or election cancellation. • order of candidates on ballot. (We prefer to receive it sooner if it is available.) • Spanish translations of all ballot titles, contests, and ballot language. 13 • phonetic pronunciations of all candidate names which will be used for the ballot audio recording. Tuesday, March 5, 2019 60th day before Election Day - Continued Deadline to cancel election and incur no fees under the Election Services Agreement Deadline to receive executed Election Services Agreement by mail, personal delivery, or email. Deadline to receive copy of Order of Election Contracting Officer contact information: Email: guidry(a�co.jefferson.tx.us Mail: P. O. Box 1151, Beaumont, TX 77704-1151 Hand Delivery: 1085 Pearl Street, First Floor, Beaumont, Texas 77701 If additional time is needed because of meeting schedules, please notify us. **Deadlines for ballot proofing and ballot approval will be emailed with ballot proofs. The parties must adhere to deadlines of 24 hour turnaround time, even if they occur during Spring Break, in order for our office to meet the State and Federal deadlines to produce mail military and overseas ballots for the Early Voting Clerk.** Wednesday, March 20, 2019 45th day before Election Day Deadline to mail ballots to military or overseas voters who submitted their ballot request via a federal postcard application (FPCA) or via a standard application for ballot by mail and indicated that they are outside the United States. Ballots must be mailed by this date or the 7th day after the clerk receives the application. If the early voting clerk cannot meet this 45th -day deadline, the clerk must notify the Secretary of State within 24 hours. (Sec. 86.004(b)). Thursday, April 4, 2019 30th day before Election Day Last day to register to vote or make a change of address effective for the May 7, 2016 election (Secs. 13.143, 15.025) First day of period during which notice of election must be published if the method of giving notice is not specified by a law outside the Election Code, and publication is the selected method of giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified. (Secs. 4.003(c) and (d)) 14 Monday, April 15, 2019 19th day before Election Day Last day to post notice of election on bulletin board used for posting notices of meetings of governing body (Sec. 4.003(b)). A Record of Posting Notice of Election (PDF) should be completed at the time of posting. (Sec. 4.005) Monday, April 22, 2019 12th day before Election Day First day to vote early in person (Sec. 85.001(a)) NOTE - Political Subdivisions Other than Cities and Counties: Early voting in person must be conducted at least eight (8) hours each weekday that is not a legal state holiday unless the political subdivision has fewer than 1,000 registered voters, in which case early voting in person must be conducted at least three (3) hours per day. (Sec. 85.005(b)). NOTE — Cities and counties: Early voting in person must be conducted on the weekdays of the early voting period and during the hours that the county clerk's or city secretary's main business office is regularly open for business. (Sec. 85.005(a)). However, because cities and counties must have office hours for election -related business at least three (3) hours every business day for this type of election, we harmonize these requirements with the result that, if a city or county is not regularly open for business on one or more weekdays, on those "closed" days, a city or county must conduct early voting for at least three (3) hours a day at the main early voting location (except for a city's two 12 -hour days, when it must be open for the full 12 hours). NOTE - Cities: Cities must choose two (2) weekdays for the main early voting polling place location to be open for 12 hours during the regular early voting period. City council must choose the two weekdays. (Sec. 85.005(d)). NOTE - Independent School Districts: Despite the change in state law that allows an ISD to be closed on school holidays during the mandatory office hours period, you are required to be open during the entire early voting period, except on legal state and national holidays. NOTE - Joint Elections: If entities are conducting early voting by personal appearance jointly, we recommend a unified schedule covering all requirements; i.e., no entity's requirements should be neglected or subtracted as a result of a joint agreement. Wednesday, April 24, 2019 10th day before Election Day Last day of period during which notice of election must be published if method of giving notice is not specified by a law outside the Election Code and publication is the selected method of giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by a commissioners court or by an authority of a city or school district, must be given by publication in a newspaper in addition to any other method specified. (Secs. 4.003(c) and (d)) Last day to mail a copy of the notice of election to each registered voter in the county if method of giving notice is not specified by a law outside the Election Code and this method of giving notice is selected. (Secs. 1.006, 4.003(a)(3)). Cities and Counties — Weekend Early Voting Hours - Notice Requirement: Last day to post notice on bulletin board used for posting notice of city council or commissioners court, if early voting 15 will be conducted on Saturday (Sec. 85.007). Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday. Notice must also be posted to the political subdivision's website, if one is maintained. NOTE - NEW LAW: Section 85.007, as amended by House Bill 2721 (2015), requires that the election notice, which includes the days and hours of early voting be posted on the political subdivision's website, if the political subdivision maintains a website. Tuesday, April 30, 2019 4th day before Election Day Last day to vote early by personal appearance (Sec. 85.001(a)). Saturday, May 4, 2019 Election Dav NOTE - NEW LAW — House Bill 2354 (2015) changed the date of the May uniform election from the second Saturday in May to the first Saturday in May. 30 days from date of final invoice Pay balance due for election services. Please make checks payable to: Jefferson County Treasurer P O Box 1151, Beaumont, Texas 77704-1151 16 EXHIBIT D CONTRACT COSTS Voting Equipment Judge's Booth Controller $330.00 eSlate $330.00 Disable Access Unit (DAU) $396.00 Ballot Box $5.00 Communication Devices EA Tablet + WIFI $119.50 Cell Phone $30.00 Mandatory Signs Large A -Frame (ID Required) $10.00 Large A -Frame (Notices ) $10.00 PROGRAMMING COUNTY COST 1- 5 RACES $1,125.00 6 - 10 RACES $1,898.00 11-20 RACES $2,475.00 21-40 RACES $3,135.00 41-75 RACES $3,960.00 76-100 RACES $4,704.00 BALLOT PRINTING COUNTY COST 8.5 X 11 $0.23 8.5 X 14 $0.25 8.5 X 17 $0.28 Sample Ballots $0.06 SUPPLIES ELECTION KITS / w Seals EV & ED $40.00 Mail Ballots (Per Set) $0.75 Supply Bag Consumables (per location) $20.00 REVISED 07/19/16 17 C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 5, 2019 REQUESTED ACTION: Council consider a resolution granting authority to certain employees to approve and initiate electronic funds (wires) or ACH transfers of any and all City funds on deposit at Wells Fargo Bank, NA. BACKGROUND The City's internal controls for wires or ACH transfers call for one individual to initiate wires and ACH transfers and another to approve them. It is important to have more than one person with each authority in order to cover in the absence of those who primarily handle each task. Nada Rogers and Chance Chapman are currently authorized to request any and all City funds on deposit with Wells Fargo Bank, NA., while Kyle Hayes, Todd Simoneaux and Kristin Ferguson are authorized to approve the transactions. Christine Orchid and Melissa McDaniel will be granted authority to initiate wires and ACH transfers. Nada Rogers and Chance Chapman are being deleted from the same as they no longer work for the City. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Kyle Hayes and Todd Simoneaux are currently authorized as signatories on City of Beaumont accounts with Wells Fargo Bank, N.A.; and, WHEREAS, Nada Rogers and Chance Chapman are currently authorized to request electronic funds (wires) or ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, WHEREAS, Nada Rogers and Chance Chapman are to be deleted as authorized to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A. and Christine Orchid and Melissa McDaniel are being granted authority to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, WHEREAS, Kyle Hayes, Todd Simoneaux and Kristin Ferguson are currently authorized to approve electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, 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 Nada Rogers and Chance Chapman are to be deleted as authorized to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A. and Christine Orchid and Melissa McDaniel are being granted authority to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Wells Fargo Bank, N.A.; and, BE IT ALSO RESOLVED THAT this Resolution shall be effective from and after the date of its passage. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2019. - Mayor Becky Ames - :12 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 5, 2019 REQUESTED ACTION: Council consider amending a resolution authorizing the granting of four (4) Utility Crossing Agreements with ExxonMobil Oil Corporation. BACKGROUND On January 5, 2019, City Council approved Resolution No. 19-017 authorizing the City Manager to grant four (4) Utility Crossing Agreements to ExxonMobil Oil Corporation to install a 10.75" pipeline to transport light cycle oil along Spindletop Road, Sulphur Drive and Amoco Road. Resolution No. 19-017 needs to be amended to replace Exhibit A to indicate the change in the depth of the 10.75" pipeline being installed. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-017 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) Utility Crossing Agreements to ExxonMobil Oil Corporation, substantially in the form attached hereto as Exhibit 'A," to install a ten and three quarter inch (10.75") pipeline which is intended to transport light cycle oil: This pipeline will cross one (1) six inch (6") water line and one (1) eight inch (8") gravity sewer line located along Spindletop Road.'Said pipeline is to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019. P - Wor Becky Ames - RESOLUTION NO. WHEREAS, on January 5, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-017 authorizing the City Manager to grant four (4) Utility Crossing Agreements to ExxonMobil Oil Corporation to install a 10.75" pipeline to transport light cycle oil along Spindletop Road, Sulphur Drive and Amoco Road; and; WHEREAS, ExxonMobil Oil Corporation wishes to amend Resolution No. 19-017 by replacing Exhibit "A" to indicate the change in the -depth in which the 10.75" pipeline will be installed along Amoco Road and Sulphur Drive; 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 Resolution No. 19-017 is hereby amended by replacing Exhibit "A" attached thereto with the Exhibit "A," substantially in the form attached hereto, to indicate a change in the depth in which ExxonMobil Oil Corporation will install a 10.75" pipeline along Amoco Road and Sulphur Drive for the of transport light cycle oil. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2019. - Mayor Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ,,ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Wage Parkway, Spring, Texas 77399 The City of Beaumontohereinafter called "City", for and in consideration, of the sum specified herein $500.00 application fee plus $409.50 (182 linear feet for a total of $909.50 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Sulphur Drive 182 linear foot 1 EXHIBIT "A" 9 COST OF LICENSE: 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) 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 Water Utilities Department 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 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 the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. 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. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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 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. 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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 part 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. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to•the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providiing, 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. Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall famish 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 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 from the date of completion of construction of the pipeline. 4 Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or 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 connection with the performance of any work or repairs that may be done upon the property mentioned herein: 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 shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTIONMAINTENANCE WITHIN PROPERTY: 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 property involved with this license. Notification, to Licensee, of other construction _and/or maintenance permitted by the City and within the property 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 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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 the property. 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 rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATIONANSPECTION: Any and all work to be performed on City property sha11 be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make aninspection. Col 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 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 (3 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Homeman Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 7 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 WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) E+ xxonMobil Oil Corporation Represented by: 00 Matthew Horneman Agent and Attorney in Fact Title - AT By: Secretary"_ JEFFERSON COUNTY, TEXAS JOHN A. BEATCH SURVEY, ABSTRACT NO. 55 -o I 0 m m Oo r � O59 NED2 JE -005.000 Q�J�6/A/P`�� OF�OPO �G�O�`i�G� O �OQ�it 3�OQ p�G�O\� A�OQ O �OGt� Gly �p�� I0"0 Q Oxy Oxy Oxy Ox�6 �kp1 oQ� ��0 �xL v / NED2,lE-004.000 I /R / /�7" FLOW 0+00 R, '__� 1+00 . / i /a 2+00 / 'ALONG: EXISTING FOREIGN PIPELINE LONG: 94°04'01 "W � z cD E&onMobil ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A PIPELINE SULPHUR DRIVE CROSSING NED2-.IE-005.900 z m NO. REVISION DATE APPR z O � K p in Z Z LL. 2 H co¢ U- U- O 13 - O O ¢ O a 0 40' . o 0 ...... 0 U ....... . O .............. 0 o . .......V c O F cJ C" + F Lo O W W O G I NATURAL T nuRIL. I - 4U 0 _ 0 4 o _ U- 0 / F J (DD 0 `J,... p ...................... .. Lu N N t + CL PROPOSED 10" MR -16A (LCO) PIPELINE 76 (NED2-JE-005.000 co cD z K U ¢ Z LL...............�40' M - t __............................ I ...... GROUND. i.....1 20' 22'CLR. I ................... _ 50' CLR. 59' CLR. -20' _..............................................................I.................... 40' .... ..... ... .. .... .................... ....�_ �._....... ................... CL PROPOSED 10" MR -16A (LCO) PIPELINE -60'.......................................................................................................................... PRODUCT: LIGHT CYCLE OIL PROFILE CROSSING PIPE: 10.75" O.D. X 0.469" W.T., API 5L, PSL 2, HORIZ: 1'= 40' SMLS, W112 TO 16 MILS FUSION BONDED EPDXY AND VERT: V=10' 20 TO 24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG MAXIMUM OPERATING PRESSURE: 1440 PSIG 0' -40' -60' INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL LJONTHECIVIIARNIE, ANDMESSIONALENGINEERINTHESTATEOFNDRE RELAHERTED ASBY SEMBLIES THATTNELWILANOTHEREQUI EDESIGNOFTHE PIPELINE ANORELATEDLATINS.TIT MEETS T 1 EXCEEDS THE TATION O ENTS OF THE CODE OF FEDERAL REGULATIONS, ION. A5, PART 155, RRANSPORTATION OF HA3ARDOUS LIQUIDS BY PU'ELWE' LATEST EDITION. NOTES: THIS CERTIFICATION MAKES NO GUARANTEE THAT THIS DRAWING CONTAINS COMPLETE OR CONCLUSNE INFORNATION. THE CONSTRUCTION CONTRACTOR MUST CONTACT THE 1. CROSSING PIPE SHALL EXTEND TO RIGHT-OF-WAY LIMITS. 2. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM T CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (TX83SCF) STATE;ONE CALL' SYSTEM PRIOR TO ANY EXCAVATION. THESE DOCUMENTS ARE RELEASED FOR THE PURPOSE OF PERMITTING ONLY AND ARE NOT TO BE USED FOR CONSTRUCTION. JON MAMIE TEXAS P.E. NO. 1172U DATE EXXONMOBIL MR -16A PIPELINE PROJECT sU>m INT✓°RRATIONRL 1d'AAEYtl�b`H��Ma E&onMobil ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A PIPELINE SULPHUR DRIVE CROSSING NED2-.IE-005.900 0 ISSUE FOR PERMIT 022212019 FA NO. REVISION DATE APPR SCALE DATE DRAWN CHECKED APPROVED PROD. NO. DRAWING NUMBER SHEET ASNOTED 06MO18 TN 1 JM FA 24245 BMT-N2-MR16-UP-HD-0001 1 OF 1 1) APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LMTS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 application fee plus $90.00 (40 linear feet for a total of $590.00 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Amoco Road 40 linear foot 1 COST OF LICENSE: 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) 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 Water Utilities Department 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 S). 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 the regulations, controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. 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. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed'pipeline (see page 3). 2 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 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. 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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 part 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. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 7 Department_ and Water Utilities 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. Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIlZED 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 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 from the date of completion of construction of the pipeline. 4 Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or 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 connection with the performance of any work or repairs that may be done upon the property mentioned herein: 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 shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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 night 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 the property. 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 rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or. corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/INSPECTION: Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 2 SPECIAL CONDITIONS: Nonaskimable 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 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 parry 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Homeman Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. bl 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 WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of . A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: `City Clerk APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil Corporation Represented by: Matthew Horneman I Agent and Attorney in Fact Title ATTE4Secretary By: !r� w z Z J w w � a a�wir o o 0 a =a � N O O NED2-JE-009.000 T 0+00 JEFFERSON COUNTY, TEXAS JAMES INGALLS SURVEY, ABSTRACT NO. 157 SPUR 380 wLu Lu o 0 o z O Z 0 O OBJ cr vJJ LL 03 co LL. w- 08.0 LLU O gl"m000a a L ¢ `'�,�¢o o 0 o�a0 w WQa Lu O z � wo o o p d m p c N + O + + O r + r m 0 I LAT. 30°01'30"N 0 =' Of 0 C7 , 85' LONG: 94'03'50"W LL LL a1 Lu Z LL OW 0 o Q Z Z O¢ 1+00 2 FLOW 1s' Lu T I I CL PROPOSED 10" MR -16A (L CO) PIPELINE NED2-JE-009.000 EXISTING FOREIGN PIPELINE PLAN Lu HORIZ: 1" = 40' CL w rL w Lu O z � Z U3 0 o O 0 Z 0 0 U) 0 m 0 (D -j � 0 =' Of 0 C7 j LL LL a1 Z� LL OW 0 o Q Z Z O¢ _ J 73 0 0¢� O in ¢ N LU � AIR LIQUIDE PIPELINE of o o w �, w w N ..... 18.5' COVER) o M o o N ................................................ p 0 M d oo AIR LIQUIDE PIPELINE 169'POI ER o o r NATURAL GROUND c. ) 20' ............. .. NATURAL GROUND............. ........... ............................... . 20, 26' CLR. 23' CLR. 30'CLR................. ....... _���- 0 ........... .............................. 0, 43' CLR. 26' CLR. 26' CLR. -20' ........... .... ....... : ...... .................................................................................. -20' CL PROPOSED 10" MR -16A -40'.................................................. (.LCO)-PIPELINE............................................................. -40' -60' L...........................................................PROF.....I...LE ............................................................J -00' PRODUCT: LIGHT CYCLE OIL CROSSING PIPE: 10.75" O.D. X 0.469" W.T., API 5L, PSL 2, VERT: : V 1"=40' VE1" =10' SMLS, WI12 TO 16 MILS FUSION BONDED EPDXY AND 20 TO 24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG MAXIMUM OPERATING PRESSURE: 1440 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL 1. CROSSING PIPE SHALL EXTEND TO RIGHT-OF-WAY LIMITS. 2. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM T CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (TX83SCF) EXXONMOBIL MR -16A PIPELINE PROJECT .j.`UIILVC[3alPCg- INTERFATIONAL �AL++�i�c!!c►Ir.M. ISSUE FOR PERMIT REVISION SCALE DATE DRAWN CHE3 AS NOTED ON05018 I IN I JM I, JON MAMIE, A PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THE CML AND MECHANICAL DESIGN OF THE PIPELINE AND RELATFJ9 ASSEMBLES MEETS OR EXCEEDS THE REQUIREMENTS OF THE CODE OF FEDERAL REGULATIONS, TITLE 49, PART 195, -TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE' LATEST EDITION. TMS CERTIFICATION MAKES NO GUARANTEE THATTHIS DRAVANG CONTAINS COMPLETE OR CONCLUSPIE INFORMATION.THE CONSTRUCTION CONTRACTOR MUST CONTACT THE STATE -ONE CALL' SYSTEN PRNIR TO ANY EXCAVATION. THESE DOCUMENTS ARE RELEASED FOR THE PURPOSE OF PERMITTING ONLY AND ARE NOT TD BE USED FOR CONSTRUCTION. JON MARINE E DATE TEXAS P.E. NO. 1172U ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A -PIPELINE =12019 FA AMCO ROAD CROSSING DATE APPR NED2-JE-009.900 APPROVED PROJ.NO, DRAWING NUMBER SHEET FA 24245 BMT-N2-MR16-UP-HD-0003 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: E+ xxonMobil Oil Corporation Business Phone: ( 601) 672.9376 Business Address: 22777 Springwood ViHa a ParkwaV, Spring, Texas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 application fee plus $92.25 (41 linear feet for a total of $592.25 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Amoco Road .41 linear foot 1 1 COST OF LICENSE: 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) 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 Water Utilities Department 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 customers located within the City, however, Licensee recognizes that should it sellproduct 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 the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected. by casing or other method approved by the City Water Utilities Department. • 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. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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 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. 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The .cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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 part 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. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities 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. f 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. Installation will be done in accordance with all City standards and statutes of the State of Texas. 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 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 from the date of completion of construction of the pipeline. 4 Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or 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 pr any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 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 shall damage Licensee's property in the course of such contractor's performance of any contract with the City. J OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for no of construction or maintenance and for location of lines. Such -number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City properly 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. 5 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 the property. 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 rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATIONANSPECTION: Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 0 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 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Horneman Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 7 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 WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of . A.D. 20 ATTEST: City Clerk ATTEST: / t By: Secretary CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil. Corporation Represented by: Matthew Horneman . _Agent and Attomey in Fact Title JEFFERSON COUNTY, TEXAS PILHAM HUMPHREYS SURVEY, ABSTRACT NO. 32 us 69 ww w w w ,,.� -ED . ZZ Z' ?ZZ �+•:�,•y\, ���' ..{-ROPOS_ED fiA zcoo w 3 -+o o �z o �z a a az aso 0 a;' o i~o; rn �o `r W o a ° �z �o w� �`�~ x `�21MOGOaROAD,EXTENSION �p QOM 4! Q��'=•/DDS wQOOa:i�o=0 0;� flyicy`^ ".Sl7ELOG %n' uj CD a r 0 Qf U Atl O F� W C y ° O O OO � 0 0 � �- """ - ,r�•b a;, NED2,lE-011.000 $ o W N /a ° a �� N m c"41 LFO m w �� OO .�- Zti Q~T�-n N 4J, LAT.' 30°01'08"NLo LONG: 94°03'13 Wf a NED2,lE-012.000 NFLOW�w0+00 4 a / 2+00 x w w w �,� �- a /cL PROPOSED 10" MR -16A H aa 40 . (LCO) PIPELINE J 1/11, /1 a x N Th p NN N (1)¢ Oa o Z coNd 0 7'CD zd OZLL U_ LL_ dC7m Zm �—O OL`! O �LL ULL ��Lu �N L11 020 H0 40'............................................ix w u w. w of 0 o. . 40' N COENTERPRISE PIPELINE o + + + + + + + (O.T COVER) NATURAL NATURAL 20'---------...GROl1N4 ........................... GROUND.. ................ ... 20 ENTERPRISE PIPELINE (6.0' COVER) 22, p..................6, .. . I 0 51 CLR ENTERPRISE PIPELINE • • GLR.. �' • CLR. 23' CLR. 0 57' CLR. 55' CLR. 45' CLR. (5.5' COVER) z _ - _ -20 ......................................................... ........ .......................... .......................... -20' M � AY yl L ,E&onMobil EXXONMOBIL MR -1 6A► PIPELINE PROJECT ` CL PROPOSED 10" MR -16A 60 D MSMFCRP5= a ?=a FA (LCO) PIPELINE N0. FFVMIN OTE APPA ELLE DATEI ...................................... . ................... 6p PRODUCT., LIGHT CYCLE OIL DMWiNGNUA18Hi SHEET As"GTm PLAN AND PROFILE CROSSING PIPE: 10.75° O.D. X 0.467 W.T., AN 5L, PSL 2, I FA SMLS, W112 TO 16 MILS FUSION BONDED EPDXY AND NORM 1'=40' VERT: 1"= i0' 20 TO 24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG MAXIMUM OPERATING PRESSURE: 1440 PSIG LGUbG - LM A PROFEUIDNAL ENOMtM W THE STATE OF TFSAS, IQ AEDYL=Wy nRT M erva MW DEC"IM DESIGN OP INE MME ANO (MATED ASSUIS a INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL DEETS OR EYO®S THE REQDIRFLFNTS OP T cma OF FEDEMLPEODLAnONS,TRIE „ GMUT �i"EI°L=pRAM" MWrANS M NOTES: TPON'y°„�AMD°NO � CCDUP DRDONCL WWPa Tl TNEODaSIRI=NcONI =CRYUSTOONFAOTTNE - ' STATL-ONE SYSTM PRIGRTO ANY MR VA=tt TFESE DOCLp AIB RF1PAVE0 FOR THE PURPOSE OF PERMFTOLO ONLY AND ANE NOTTO DE=o nR .Dws UOTLON. 1. GROSSING PIPE SHALL EXTEND TO RIGHT -0F -WAY LIMITS. 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2 CLEARANCE FROM UTILMES AND FOREIGN PIPELINES. 4. COORDINATESYSTEM:NAD83TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (TX83•SCF) evNGx°oNLEE wre TFTADPRNDAI=s � AY yl L ,E&onMobil EXXONMOBIL MR -1 6A► PIPELINE PROJECT ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A PIPELINE AMOCO ROAD EXTENSION CROSSIN( NED2-JE D MSMFCRP5= a ?=a FA A MUE FCR APPROVAL O&iale FA N0. FFVMIN OTE APPA ELLE DATEI DRAVN o¢ APPROVED PRO(, NO, DMWiNGNUA18Hi SHEET As"GTm —1 TN I sL I FA 24245 EMT-142-MR16-UP-HD-0004 I 1 OF 1 L— BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 5, 2019. 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Ordinance 19-005 to add and approve designating polling places, appointing election officials and appointments to the newly formed Signature Verification Committee for the May 4, 2019, City of Beaumont General Joint Election with the Beaumont Independent School District and the Port of Beaumont 2. Consider authorizing the City Manager to execute a contract with PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena, Texas for a Pipe Bursting Contract 3. Consider authorizing the City Manager to execute a contract with BCAC Underground, LLC, of Rosharon, Texas for the Long Street Lift Station Wet Well and Influent/Effluent Sewer Line Cleaning and Televising Contract 4. Consider approving the purchase of a camera inspection system from Kinloch Equipment & Supply for use by the Streets and Drainage Division COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION , * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 March 5, 2019 Consider amending Ordinance 19-005 to add and approve designating polling places, appointing election officials and appointments to the newly formed Signature Verification Committee for the May 4, 2019, City of Beaumont General Joint Election with the Beaumont Independent School District and the Port of Beaumont RICH WITH OPPORTUNITY 11 ILI Ai 1111 C1 11 .4( T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tina Broussard, City Clerk, TRMC March 5, 2019 REQUESTED ACTION: Council consider amending Ordinance 19-005 to add and approve designating polling places, appointing election officials and appointments to the newly formed Signature Verification Committee for the May 4, 2019, City of Beaumont General Joint Election with the Beaumont Independent School District and the Port of Beaumont. BACKGROUND Council approved Ordinance 19-005 on January 22, 2019, to call the May 4, 2019, City of Beaumont General Joint Election to order. The proposed amendment is to add and approve designated polling places, appoint election officials and appoint members to the newly formed Signature Verification Committee. The Jefferson County Clerk will be responsible for all other aspects of the election as the Early Voting Clerk. RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 19-005 FOR THE PURPOSE OF CHANGING CERTAIN RESPONSIBILITIES OF THE CITY CLERK IN THE CONDUCTING OF THE MAY 4TH GENERAL ELECTION; DESIGNATING ELECTION DAY POLLING LOCATIONS; PROVIDING FOR THE APPOINTMENT OF THE SIGNATURE VERIFICATION COMMITTEE MEMBERS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, on January 22, 2019, the City Council approved Ordinance No. 19- 005 providing for a General Election to be held on the 4th day of May, 2019 for the purpose of electing a Mayor, four (4) Ward Councilmembers (Wards I, II, III and IV) and two (2) Councilmembers-At-Large, adopting county voting precincts and appointing election officials for such election, providing the form of the ballot at such election, directing and giving notice of such election, providing for a joint election with the Beaumont Independent School District and the Port of Beaumont; and, WHEREAS, the ordinance gave to the County Clerk in the conducting of the election responsibility for the appointment of all election judges and alternate judges, among other designated responsibilities; and, WHEREAS, the City Clerk is to assume these and other responsibilities in the conducting of the May 4th General Election; and, and, - WHEREAS, the location of polling places are to be approved and designated; WHEREAS, a Signature Verification Committee is to be authorized; NOW, THEREFORE, BE IT ORDAINDED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and; Section 2. The City Clerk of the City of Beaumont shall be responsible of the appointment of all election judges and alternate judges as reflected in Exhibit "A," attached hereto for all purposes. The persons whose names appear in Exhibit "A" are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks. Pursuant to §32.031 and §32.032 of the Texas Election Code, the presiding judge for each polling locations shall appoint a minimum of two (2) clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the City Clerk shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 3. The designated election day polling place locations are shown on Exhibit "B," as attached hereto. Section 4. There is to be provided a Signature Verification Committee authorized in the conducting of the May 4th General Election. The City Clerk shall be responsible for the appointment of all committee members of the Signature Verification Committee. The committee members as appointed are reflected in Exhibit "C," as `attached hereto. Section 5. If any section, subsection, sentence, clause, or 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 or adjudged unconstitutional by a court of competent jurisdiction, 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; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2019. - Mayor Becky Ames - 2019 GENERAL ELECTION ORDINANCE Precincts Polling Location Judge Alternate All Amelia Elementary School Kerry Ehrensberger Jon Tritsch All Beaumont Municipal Airport Sandra Moore Glenn Rabalais All Bevil Oaks City Hall Mabel Matthews Kenneth Shipper All BISD Administration Bldg. Grace Gearinger Mac English All Calvary Baptist Church Larry McCown Phyllis Rameriz All Dishman Elementary Deryl Holden Ron Ellington All O.C. Mike Taylor Career Center Paula Moore Nancy Dickey All Rogers Park Recreation Center William Bostic Gatsy Moye All Roy Guess Elementary Deborah Celestine Donna Gabrysch All Jerry Ware Airport Terminal Doris Williams George Pratt All Alice Keith Park Rec. Center Charlie Mingo Judy Richardson All Charlton -Pollard Elementary School Sylvester Scott Patricia White All Dr. Mae -Jones Clark Elementary Jerrie Mathis Carolyn Prudhomme All Jefferson County Courthouse Janet Sterling Michelle Bush All MLK Middle School Mary Doyle Denny Williams All John Paul Davis Comm. Center Vernon Tubbs 'Bradford Wills All Precinct 4 Service Center Ramona Hutchinson Mike Therrien All Sterling Pruitt Center Katherine Campbell Sammy Moffitt All Theodore Johns Library Edward Clark Margaret Jones EXHIBIT "A" Joint General Election I May 4, 2019 Countywide Polling Places (Eleccl6n General Conjunta) (4 de mayo de 2019) (Lugares de votac!6n en todo el condado) eJ ecirlrw dt: UI g1 grat- itA ALL (todos) Amelia Elementary School 565 S. Major Dr Beaumont, TX 77707 ALL (todos) Beaumont Municipal Airport 455 Keith Rd. Beaumont, TX 77713 ALL (todos) Bevil Oaks City Hall 13560 River Oaks Blvd. Bevil Oaks, TX 77713 ALL (todos) BISD Administration Building 3395 Harrison Ave. Beaumont, TX 77706 ALL (todos) Calvary Baptist Church 3550 Dowlen Rd. Beaumont, TX 77706 ALL (todos) Dishman Elementary 3475 Champions Dr. Beaumont, TX 77707 ALL (todos) O.C. Mike Taylor Career Center 2330 North St. Beaumont, TX 77702 ALL (todos) Rogers -Park Community Center 6540 Gladys Ave. Beaumont, TX 77706 ALL (todos) Roy Guess Elementary 8055 Voth Rd. Beaumont, TX 77708 ALL (todos) Jerry Ware Airport Terminal 5000 Jerry Ware Dr. Beaumont, TX 77705 ALL (todos) Alice Keith Park Recreation Center 4075 Highland Ave. Beaumont, TX 77705 ALL (todos) Charlton -Pollard Elementary 825 Jackson St. Beaumont, TX 77701 ALL (todos) Dr. Mae Jones -Clark Elementary 3525 Cleveland St. Beaumont, TX 77703 ALL (todos) jefferson County Courthouse 1001 Pearl St. Beaumont, TX 77701 ALL (todos) MILK Middle School 1400 Avenue A Beaumont, TX 77701 ALL (todos) John Paul Davis Community Center 3580 E. Lucas Dr. Beaumont, TX 77703 ALL (todos) Precinct 4 Service Center 7780 Boyt Rd. Beaumont, TX 77713 ALL (todos) Sterling Pruitt Center 2930 Gulf St. Beaumont, TX 77703 ALL (todos) Theodore Johns Library 4255 Fannett Rd. Beaumont, TX 77705 EXHIBIT "B" Signature Verification Committee Gary Chalk Gwen Milhouse Beverly Caldwell Ella Faye Woodsmall Evelyn Reado EXHIBIT "C" Steve Hoffman Brittany Simmons Mark Faggard Christina Delgadillo Faye Johnson 2 March 5, 2019 Consider authorizing the City Manager to execute a contract with PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena, Texas for a Pipe Bursting Contract BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 5, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena, Texas for a Pipe Bursting Contract. BACKGROUND The contract will be used to rehabilitate sewer lines by the pipe bursting method and to replace defective manholes. On February 21, 2019, three (3) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The three (3) bids are indicated in the table below: Contractor Contractor Total Base Allowance Total Award Location Bid Amount PM Construction & Rehab, LLC dba IPR South Central Pasadena, TX $1,712,920.00 $100,000.00 $1,812,920.00 T Construction, LLC Houston, TX $1,938,600.00 $100,000.00 $2,038,600.00 Horseshoe Construction, Inc. La Porte, TX $2,530,450.00 $100,000.00 $2,630,450.00 Engineer's Estimate $1,946,500.00 $100,000.00 $2,046,500.00 Based on review of the three (3) bids submitted, one (1) bid was incomplete; due to failure of acknowledgment of Addendum 1, therefore, the Water Utilities Engineer recommends awarding the project to PM Construction & Rehab, LLC, dba IPR South Central, the low bidder, in the amount of $1,812,920.00. A total of 365 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. BID TABULATION Pipe Bursting Work Order Contract - Phase 11 Bid No. WU1219-08 BID OPENING DATE: February 21, 2019 1� OF•. , The Bid Proposals submitted have been re"ejed and to the best of my knowledge this is an accurate tabulation of the bids received. /C D2W5 '0, y: Phi Nguyen, PE, S io afar U s Engineer Dale: 02@512019 ITEM NO. QUANTITY UNIT DESCRIPTION Bid Schedule (Engineer's Estimate) PM Construction & Rehab, LLC dba IPR South Central .Greg Bagget Pasadena, TX 77506 Bid Factor. 0.88 Horseshoe Construction, Inc. James R. Holt La Porte, TX 77571 Bid Factor. 1.30 T Construction, LLC Juan Ramon Torres Houston, TX 77015 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE I TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 LS Mobilization S 50,000.00 $ 50,000.00. S 44.000.00 S 44 000.00 S 65 O00.00 S 65,000.00. 2 100 BY. Full Depth Repair of Side Walk 5" S 62.00 S 6.200.00 S 54.56 S 5,456.00 S 80.60 $ 8,060.00 3 100. SY Full Depth Repair of Drive 6' $ 78.00 S 7 SDO.00 S 68:64 S 6 864.00 S 101.40 S 10,140.00 4 500 SY Flexible Pavement Structure Repair 4 $ 58.00 S 29 O00.00 $ 51.04 $ 25,520.00 S 75.40 S 37,700.00 5 1000 LF. Trench Ereavation Protection $ 4.00 $ 4,000.00 S 3.52 $ 3,520.00 S5.20 S 5,200.00 6 40 EACH Barricades Signs and Traffic Handling $ 250.00 S 10 000.00 S 220.00 S 8,800.00 $ 325.00 S 13,000.00 7 30 EACH Remove and Replace or Install New Std. Fiberglass Manhole 5' to 8' Depth with All Joints & Connections $ 4,500.00 $ 135 000.00 S 3.960.00 $ 118 800.00 S-58-50400 $ 175,500.00 8 20 EACH Install Shallow Manhole Less than 5' Depth, With All Joints & Connections (Fiberglass) 8 3,700.00 S 74,000.00 $ 3,256.00 $ 65 120.00 S 4,810.00 S 96,200.00 9 15 EACH Remove and Replace or Install New Std. Manhole 540 8' De th with All Joints & Connections Pre -Cast Concrete S 5,000.00 S 75 000.00 S 4,400.00 $ 66 000.00 S 6,500.00 S 97,500.00 T Construction, LLC did 10 100 V.F. Extra Depth for New or Replacement Std. Manhole Over 8 Feet Depth Pre -Cast Concrete or i•iffie lass S 250.00 $ 25.000.00 $ 220.00 S 22.000.00 S 325.00 S 32.500.00 not acknowledge the 11. 1 400 1 EACH Reconnect Service Connection by Excavation Including Cleanout to Liner Complete, All Sizes All Depths S 650.00 5 260,000.00 S 572.00 S 228 800.00 S 845.00 S 338,000.00 revised Bid Schedule 12 10 EACH Obstruction Removal b Excavation. All Sizes All Depths S 700.00 $ 7.000.00 S 616.00 $ 6160.00 s 910.00 S 9,100.00 1 released under Addendum 13 1000 LF. Clean and Televise Sewer All Sizes and Depths as Directed by the Owners $ 3.50 $ 3,500.00 S 3.08 $ 3,080.00 S 4.55 S 4,550,00 1 14 200 LF. Chain Link and Wooden Fences and Gates$ 25.00 S 5,000.00 S 22.00 S 4,400,00 S 32.50 S 6,500.00 15 12300 LF. Pie Bursting W-8" Sewer to 8.625" OD All Depths $ 45.00 $ 553 500.00 S 39.60 $ 487,080.00 $ 58.50 S 719,550.00 16 6000 L.F. Pipe Bursting 8"-10' Sewer l0 10.75" OD All Depths $ 55.00 S 330 000.00 S 48.40 S 290,400.00 S 71.50 S 429.000.00 17 2000 LF. Pie Bursting 10"-12" Sewer to 12.75" OD All Depths S 65.00 S 130 000.00 S 57.20 3 114 400.00 S 84.50 $ 169 000.00. 18 1000 LF. Pipe Bursting 12"-15" Sewerto 16.0" OD All Depths $ 100.00 S 100,000.00 S 88.00 S 88,000.00 S 130.00 $ 130,000.00 19 1000 LF. 1pI a Bursting 15"-18° Sewer to 20.0" OD All Depths - $ 140.00 S 140,000.00 $ 123.20. $ 123.200.00 S 182.00 S 182,000.00 20 3 EACH iMobilizalion for Short Se ment (<1W) $ 500.00 $ 1,500.00 $ 440-002 1.320.00 S 650.00 -S 1,950.00 BASE BID QUANTITIES TOTAL S .1,946 500.00 S 1,712 920.00 S 2,530,450.00 ALLOWANCE ITEM NO. QUANTITY UNIT I DESCRIPTION UNIT PRICE I TOTAL I UNIT PRICE -1 TOTALUNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 ALLOW Unforseen Work as directed b the Owner S 100,000.00 S 100,000.00 $ 100,000.00 5 100,000.00 S 100.000.00 $ 100.000.00 ALLOWANCE TOTAL TOTAL BASE ITEMS ALLOWANCE $ - 2,046,500.00 $ 1,812,920.00 $ 2,630,450.00 Page 1 of 1 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the Pipe Bursting Work Order Contract -Phase II Project; and, WHEREAS, PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena,. Texas, submitted a complete bid meeting specifications in the amount of $1,812,920.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena, Texas, is the lowest ti responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to PM J Construction & Rehab, LLC, dba IPR South Central, of Pasadena, Texas, in the amount of $1,812,920.00, for the Pipe Bursting Work Order Contract -Phase II Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open,Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2019. - Mayor Becky Ames - 3 March 5, 2019 Consider authorizing the City Manager to execute a contract with BCAC Underground, LLC, of Rosharon, Texas for the Long Street Lift Station Wet Well and h fluent/Effluent Sewer Line Cleaning and Televising Contract BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 5, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with BCAC Underground, LLC, of Rosharon, Texas for the Long Street Lift Station Wet Well and Influent/Effluent Sewer Line Cleaning and Televising Contract. BACKGROUND The Long Lift Station, located at 940 Long Street, is one of thirteen major lift stations within the City limits. Regular cleaning of lift station wet wells to remove accumulated debris is necessary to ensure proper flow of sewage and safe operation of the pumps. This project will call for the cleaning of the Long Lift Station wet well, along with cleaning and televising the sewer lines upstream and downstream of the lift station. The work is eligible for FEMA Reimbursement. On February 21, 2019, two (2) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The two (2) bids are indicated in the table below: Contractor Contractor Location Total Base Bid Allowance Total Award Amount BCAC Underground, LLC Rosharon, TX $80,314.00 $10,000.00 $90,314.00 Chief Solutions, Inc. Houston, TX $130,006.50 $10,000.00 $140,006.50 Engineer's Estimate $94,405.50 $10,000.00 7$104,405.50 Based on a review of the bids and required documents received, the Water Utilities Engineer recommends awarding the project to BCAC Underground, LLC, the low bidder.'m the amount of $90,314.00. A total of 90 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. 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WHEREAS, the City of Beaumont solicited bids for the Long Lift Station Wet Well J and Influent/Effluent Sewer Line Cleaning and Televising Project; and, WHEREAS, BCAC Underground, LLC, of Rosharon, Texas, submitted a complete bid meeting specifications in the amount of $90,314.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by BCAC Underground, LLC, of Rosharon, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY -THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, . THAT the City Council hereby approves the award of a contract to BCAC Underground, LLC, of Rosharon, Texas, in the amount of $90,314.00, for the Long Lift Station Wet Well and Influent/Effluent Sewer Line Cleaning and Televising Project; and, BE IT FURTHER RESOLVED THAT the City Manager .be and he is hereby authorized to execute a Contract with BCAC Underground, LLC, of Rosharon, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2019. - Mayor Becky Ames - n March 5, 2019 Consider approving the purchase of a camera inspection system from Kinloch Equipment & Supply for use by the Streets and Drainage Division BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 5, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of a camera inspection system from Kinloch Equipment & Supply for use by the Streets and Drainage Division. BACKGROUND The IBAK MainLite camera inspection system allows for the detailed examination of drainage pipes and structures that are inaccessible for physical inspection. It incorporates a remote-controlled crawler equipped with a high-resolution video camera capable of maneuvering through pipes as small as five inches in diameter at distances of up to one thousand feet. The system will enable staff to identify and locate drainage system deficiencies with pinpoint accuracy, minimize over excavation, and reduce restoration costs. The recorded video collected by the unit will help document the assessment of the storm sewer system condition and will serve as a useful resource to budget future improvements. Total pricing in the amount of $76,502 was obtained from Kinloch Equipment & Supply of Pasadena, Texas through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a camera inspection system for use by the Streets and Drainage Division from Kinloch Equipment & Supply, of Pasadena, Texas, in the amount of $76,502.00 through the Buyboard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2019. - Mayor Becky Ames -