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
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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.
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• 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
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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'
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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
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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
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-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
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INTERFATIONAL
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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
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MAXIMUM OPERATING PRESSURE: 1440 PSIG
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nRT M erva MW DEC"IM DESIGN OP INE MME ANO (MATED ASSUIS a
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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
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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.
RECOMMENDATION
Approval of the resolution.
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RESOLUTION NO.
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 -