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Home My WebLink AboutPACKET MAR 26 2019BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMFERS MARCH 26, 2019 1:30 PM CONSENT AGENDA Approval of minutes — March 19, 2019 * Confirmation of board and commission member appointments A) Authorize the City Manager to award a contract to McInnis Construction, Inc., of Silsbee for the Beaumont Municipal Airport Utility Improvements Project B) Approve a contract with Abercrombie, Simmons and Gillette of Houston for Workers Compensation Claims Administration C) Approve a contact with Solenis LLC of Wilmington, Delaware for the purchase of liquid polymer for use in the Water Utilities Department D) Approve a resolution changing the dollar amount related to the purchase of uniforms for the Police Department E) Authorize the City Manager to sign agreements with the State of Texas for Construction, Maintenance and Operation of Continuous Lighting and Safety Lighting Systems within the City of Beaumont F) Authorize the City Manager, or his designee, to execute all documents necessary, for a License Plate Reader Agreement between the Texas Department of Public Safety Crime Records Service and the City of Beaumont Police Department G) Authorize the City Manager, or his designee, to execute all documents necessary, for a Multiple Use Agreement between the Texas Department of Transportation and the City of Beaumont Police Department BEAUMONT A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to McInnis Construction, Inc., of Silsbee for the Beaumont Municipal Airport Utility Improvements Project. 14 XT4 ►7" R I JU_I The project consists of the extension of water and sewer lines to allow for the construction of a new hangar at the Beaumont Municipal Airport. On February 21, 2019, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Am6unt McInnis Construction, Inc. Silsbee, TX $111,927.45 Allco, LLC Beaumont, TX $114,770.00 Brystar Contracting, Inc. Beaumont, TX $116,565.00 BDS Constructors, LLC dba MK Constructors Vidor, TX $127,958.00 Engineer's Estimate $102,780.00 The Water Utilities Engineer recommends this project be awarded to the lowest bidder, McInnis Construction, Inc., in the amount of $111,927.45. A total of 30 calendar days are allocated for completion of this project. FUNDING SOURCE $50,000.00 from a TxDOT Aviation Routine Airport Maintenance Program (RAMP) Grant with the remaining amount of $61,927.45 from the Beaumont Municipal Airport Fund. RECOMMENDATION Approval of the resolution. O F 'TF_'%\, rq BID TABULATION .�P . • • • • . ; '1 s Co. • •0* 11 Beaumont Municipal Airport Utility Improvements Bid Number. WU0119-13 * * �j BID OPENING DATE Thursday, February 21, 2019 �� AMALIA VILLARREAL e Bid Proposals submitted have been reviewed and to the best of my knowledge this Is an accurate tabulation of the bids received. . 90340 cc X , tj90' I.� q E NS . �`t`', 1 X �?G_0*000 111�ON \\ �\ By. Amalia Villarreal, PE, Water Utilities Engineer Date: 02/25/2019 A` Bryan Phelps 1 McInnis Construction, Inc. Alico, Ltd. Brystar Contracting, Inc. dba MK Constructors $ 1,955.00 Silsbee, TX Beaumont, TX Beaumont, TX Vidor, TX' $ 3,000.00 Ric McInnis T.W. Harrison Bryan Phelps Michael Brown Item. Spec EA Estimated $ 3,220.00 Unit $ 3,350.00 Unit $ 5,000.00 Unit $ 4,536.00 Unit Yes No. No. DESCRIPTION Quantity Unit Price Total Price Total Price Total Price Total BASE BID ITEMS 115 LF $ 13.97 1 Yes Mobilization 1 LS $ 1,955.00 $ 1,955.00 $ 3,200.00 $ 3,200.00 $ 3,000.00 $ 3,000.00 $ 3,840.00 $ 3,840.00 2 Yes Connect Proposed 8" to Existing 6" 2 EA $ 1,610.00 $ 3,220.00 $ 1,675.00 $ 3,350.00 $ 2,500.00 $ 5,000.00 $ 2,26B.o0 $ 4,536.00 3 Yes B46ch Tap on Existing 16 -inch 2 EA' $ 1,150.00 $ 2,300.00 $ 1,425.00 $ 2,850.00 $ 3,000.00 $ 6,000.00 $ 1,307.00 $ 2,614.00 4 4015 Abandon Existing Water Line 115 LF $ 13.97 $ 1,606.55 $ 12.00 $ 1,380.00 $ 13.00 $ 1,495.00 $ 21.00 $ 2,415.00 5 810 8 -Inch Class 150 C-900 PVC 710 LF $ 32.20 $ 22,862.00 $ 48..00 $ 34,080.00 $ 35.00 $ 24,850.00 $ 42.50 $ 30,175.00 6 808 Fumish & Install Fire Hydrant Assembly 1 EA $ 5,635.00 $ 5,635.00 $ 3,935'.00 $ 3,935.00 $ 5,000.00 $ 5,000.00 $ 5,500.00 $ 5,500.00 7 811 Fumish & Install 8" Gate Valve 2 EA $ 1,978.00 $ 3,956.00 $ 1,600.00 $ 3,200.00 $ 1,600.00 $ 3,200.00 $ 1,826.00 $ 3,65200 8 601 Fumish & Install 8" MJ Tee 1 EA $ 724.50 $ 724.50 $ 500.00 $ 500.00 $ 800.00 $ 800.00 $ 900.00 $ 900.00 9 801 . Fumish & Install B" MJ 90 -degree Bend 1 EA $ 414.00 $ 414.00 $ 350.00 $ 350.00 $ 600.00 $ 600.00 $ 700.00 $ 700.00 10 2505 Fumish & Install V Water Service Connection 1 EA $ 66125 $ 661.25 $ 535.00 $ 535.00 $ 1,200.00 $ 1,200.00 $ 950.00 $ 950.00 11 2317 Cement Stabilized Backfill 412 CY $ 74.75 $ 30,797.00 $ 47.00 $ 19,364.00 $ 60.00 $ 24,720.00 $ 58.00 $ 23,896.00 12 708 Fumish & Install Sewer Manhole 2 EA $ 4,146.00 $ 8,280.00 $ 2,875.00 $ 5,750.00 $ 4,000.00 $ 8,000.00 $ 4,320.00 $ 8,640.00 13 702 8 -inch SDR -26 PVC Sewer Line 360 LF $ 35.65 $ 12,834.00 $ 50.00 $ 18,000.00 $ 41.00 $ 14,760.00 $ 57.00 $ 20,520.00 14 702 6 -inch SDR -26 PVC Sewer Line 360 LF $ 31.91 $ 11,487.60 $ 41.35 $ 14,886.00 $ 36.00 $ 12,960.00 $ 38.00 $ 13,680:00 15 4015 Abandon Existing Sewer Line 140 LF $ 14.26 $ 1,996.40 $ 12.00 $ 1,680.00 $ 13.00 $ 1,820.00 $ 20.00 $ 2,800.00 16 2534 4 -inch Sewer Service Connection 1 EA $ 645.15 $ 645.15 $ 600.00 $ 800.00 $ 800.00 $ 800.00 $ 1,100.00 $ 1,100.00 17 712 Trench Safety Plan 1 LS $ 1,725.00 $ 1,725.00 $ 750.00 $ 750.00 $ 2,000.00 $ 2,000.00 $ 1,320.00 $ 1,320.00 18 1 712 jTrench Safety System 360 1 LF I $ 2.30 $ 828.00 1 $ 1.00 1 $ 360.00 1 $ 1.00 1 $ 360.00 1 $ 200 1 $ 720.00 TOTAL BASE BID ITEMS $111,927.45 $114.770.00 $116.565.00 S 127.959_nn Bid & Acknowledge Addenda 1 Yes Yes Yes Yes Bid Schedule Yes Yes Yes Yes Bid Summary Yes Yes Yes Yes Corporate Resolution Yes Yes Yes Yes Bid Bond Yes Yes Yes Yes information Required of Bidder Yes Yes Yes Yes Conflict of Interest Questionnaire Yes Yes Yes Yes Statement of City Charter Provision on Conflict of Interest Yes Yes Yes Yes Insurance Verification Affidavit Yes Yes Yes Yes Schedule C BE Participation) Yes Yes Yes Yes. Local Bider Consideration Claim Form Not Required) No Yes Yes. No Required Forms Checklist Yes Yes Yes Yes Mobilization Not to Exceed 3% of Bid Yes Yes Yes No RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Beaumont Municipal Airport Utility Improvements Project; and, WHEREAS, McInnis Construction, Inc., of Silsbee, Texas, submitted a complete bid meeting specifications in the amount of $111,927.45; and, WHEREAS, the City Council is of the opinion that the bid submitted by McInnis Construction, Inc., of Silsbee, 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 McInnis Construction, Inc., of Silsbee, Texas, in the amount of $111,927.45, for the Beaumont Municipal Airport Utility Improvements Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with McInnis Construction, Inc., of Silsbee, Texas, for the purposes described herein. The meeting of which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 616,21 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March, 2019. - Mayor Becky Ames - BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Abercrombie, Simmons and Gillette (AS&G) of Houston for Workers Compensation Claims Administration. BACKGROUND A Request for Proposal (RFP) for the self-insured workers' compensation program's third -party administrator (TPA) was sent to eight potential responders. Three responses were received. A panel of City staff met and evaluated the respondents using the criteria provided in the RFP. AS&G) has the best criteria evaluation score. A copy of the criteria evaluation is attached. The RFP was solicited for a one year contract. There is an option to renew this contract annually for a maximum of four renewals. AS&G is the current provider for the City's Workers' Compensation Claims Administrator and the previous annual cost was $73,981. The pricing requested in the current response is as follows: FUNDING SOURCE Employee Benefit Fund. RECOMMENDATION Approval of the resolution. Contract Year 1 Contract Year 2 Contract Year 3 Contract Year 4 Contract Year 5 Total Cost $76,896 $79,968 $83,172 $86,496 $89,952 FUNDING SOURCE Employee Benefit Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, request for proposals were received for a one (1) year contract, with an option to renew for four (4) additional one (1) year contracts, to administer the City's self-insured workers' compensation program; and, WHEREAS, Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, submitted a response to administer the City's self-insured workers' compensation program for a one (1) year contract in the amount of $76,896,1 with the option to renew for four (4) additional years at the rates of $79,968 for option year one, $83,172 for option year two, $86,496 for option year three, and $89,952 for option year four; and, WHEREAS, Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, received the highest proposal score by a panel of City staff based on the ability to provide all services detailed in the proposal; experience providing all services detailed in the proposal; experience/qualifications of management and claims personnel, company history and financial stability; office location; and, cost of services, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the proposal submitted by Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the proposal submitted by Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, for a one (1) year contract, in the amount of $76,896, with the option to renew for four (4) additional years at the rates of $79,968 for option year one, $83,172 for option year two, $86,496 for option year three, and $89,952 for option year four to administer the City's self-insured workers' compensation program be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, 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 26th day of March, 2019. - Mayor Becky Ames - RICA WITH-OPPORTUNITT 111EAUMON"( CRITERIA EVALUATION SHEET RFP Name: RFP Number: RFP Opening Date: Contact Person: CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION Workers Compensation - Third Party Administrator PF0119-02 February 28, 2019 Patrick Bardwell, Purchasing Manager pbardwell(cD-ci.beaumont.tx,us Phone: 409-880-3175 25 AS&G Claims The Littleton Group Claims Administration Administration, Inc. Services, Inc. Houston, TX Austin, TX Tyler, TX. -..;, ..:,�:�" Item s a ..' a �,,;,,... �' � .� ..: s �,� r.><,M.arka .xf .',. �T•° _., ':ii Crite a • a Y„t'Y� ,;c. �” Max .� t �. v"p,.�,„ Vendor ,,z..n e...w.'h=.'' d.,F.3 Vendor r srP w., r� z._ Vendo ;"rad .. , , - .o�nts �:; 1 Ability to provide all services detailed in "Specific Requirements", methodology, 40 39 31 34.5 philosophy, rsources and flexibility applied to fulfill the scope of services 2 Proven experience providing all services detailed 20 19 16.5 16 in "Specific Requirements". 3 Experience/qualifications of management and claims personnel, company history and 20 19 17 18.5 financial stability 4 Local Office 10 8.5 6 6.5 5 Cost of Services 10 6 8.5 7.5 r-: TOTAL POINTS 100 91.5 79 83 25 c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Solenis LLC of Wilmington, Delaware for the purchase of liquid polymer for use in the Water Utilities Department. BACKGROUND Bids were solicited for an annual contract to provide liquid polymer for use in the dewatering of sewage sludge produced by Water Reclamation. Specifications allow for a one-year contract with the option of two renewals of a one-year term at the same pricing as the awarded contract. Solenis LLC submitted the qualified bid of $1.45 per pound. With the estimated usage of 50,000 pounds of polymer per year, the total annual cost is estimated at $72,500. Fort Bend Services, Inc. is the current vendor with a price of $1.16 per pound at an annual estimated cost of $58,000. A condition of the contract specifications required vendors to submit samples of their polymer to the City for testing prior to bid opening. This sampling determines how many pounds of the bidder's polymer must be used per ton of sewage sludge processed to calculate the cost per ton. Bids were requested from eight vendors with three vendors submitting pricing. The bid tabulation and test results are attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract, with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract, for the purchase of liquid polymer for use by the Water Department; and, WHEREAS, Solenis, LLC, of Wilmington, Delaware, submitted a bid at a unit cost of $1.45 per pound for an estimated cost of $72,500, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the bid submitted by Solenis, LLC, of Wilmington, Delaware, 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 bid submitted by Solenis, LLC, of Wilmington, Delaware, for a one (1) year contract, with the option of -tow (2) renewals of a one (1) year term at the same pricing as the awarded contract, for the purchase of liquid polymer for use,by the Water Department at a unit cost of'$1.45 per pound for an estimated cost of $72,500 with cost to treat sludge, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Solenis, LLC, of Wilmington, Delaware, 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 26th day of 1 March, 2019. - Mayor Becky Ames - City'of Beaumont Texas BEAUMONT. Purchasing Division Bid Tabulation TEXAS 'Bid Name: ANNUAL CONTRACT FOR WATER,TREATMENT CHEMICALS,- POLYACRYLAMIDE'CATIONIC EMULSION LIQUID POLYMER Bid Number, TF0119=08 Bid;Opening; Thur*ft,'March:l4, 2019 Contact'Person: Terry Welch Senior Buyer tem.welch bbeaumonttexas:M Phone 409-880.3107 Vendors -... -.... Solenis LLC - FSterling ortBend Services Inc.frit. ZK3-Industries; LLC Poi a Inc. YdYn -Water Technologies City, ! State Wilmington, De Stafford, Tx. Hitchcock, Tx Riceboro,, Ga. Columbia ; TN Phone or Fax No. 302.477-1437 281-261-2295 UpportOWinduaft.corn 91M 711 931-540-1338 ITEM DESC QTY (lbs) Unif.Pr[de Extended Price Extended, Unit Price Unit Price Extended I Unit Extended Unit Extended Price Price Price Price Price iioe. 1I LIQUID POLYMER 1 50,000 $1.4511b- . $72,15W-00 $1A511b 1 $72,500.00 $1.2011b' .$60000.00 TOTALID -.$72;500.00 No BID NO BID COST PER GAL $12.591gal " $12.49! al > 10.04/gal TOTE GALLON& 264 267 275. MANUFACTURER & BRAND Praestol K 144 L 674986 SNF'Floerger/FBS 2K.Iridustries frit. DSP.700 C1286BT HP Emulsion, Polymer COST TO TREAT ONE TON OF SLUDGE. VENDOR PRODUCT MAN: LBS" UNIT COST TOTAL COST• Solenis,LLC Praestol KI L 874888 1283 31:4511b $18.60 Fort.Bend Services FBS;C1288BT 13.35 $1.4511b $19.36 Inc ZK3;IndusVie 'LLG DSP 700.HP•Emukstori 21.75'. $5:20/Ib $28.10' Polymer Awarded by cost to test one dry.ton of sludge• Average,pounds'of polymer per dry ton of sludge "(,information provided from polymer trials) NOTE:'Awarded vendor is.highiighted, rA M w CITY OF BEAUMONT WATER RECLAMATION 2019 Polymer Trial Summary Rppprt of Polymer Press Trials Polymer Company Avefte Vo soli& sludge % solids -cake ZK8 -InduAdes - Solenis K-14-41- FBS 1218613T DSP700HP 639 659 6.34 20.14 23.41 24.13 - Filtrate % Recovery 98.8% 97.9% 'Sludge to Press, cuil, R. 144.04 187.78 Average Lbs. pol.yrber/ftton 21.78 12.83 sludge oratory $upervi-5or: Benjamin S. Weatherall If yod-have- ahy.tfLwAlons, 0.1ease.call 4097-842-0458; 97.8% 201.23 13.35 LC TEXAS TO: City Council FROM: Kyle Hayes, City Manager . PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a resolution approving the change of award on Resolution 19-057. BACKGROUND On March 19, 2019, Council awarded resolution 19-057 to GT Distributors, Inc. of Austin. The award was approved for $69,303.03 for one year. The award should be amended to $67,303.03. The contract is for one year with two renewals of one year. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on March 19, 2019 the City Council of the City of Beaumont Texas passed Resolution No. 19-057 authorizing the City Manager to execute an annual contract with GT Distributor's Inc., of Austin, Texas, in the amount of $69,303.03 for the purchase of Police uniforms; and, WHEREAS, the correct amount of the bid to be awarded to GT Distributor's Inc., of Austin, Texas, is $67,303.03; and, WHEREAS, the correct term of the contract to be awarded to GT Distributor's Inc., of Austin, Texas, is one (1) year with an option to renew for two (2) additional one (1) year terms; and, WHEREAS, an amendment to Resolution No. 19-057 is necessary to reflect the correct amount of the bid awarded to GT Distributor's Inc., of Austin, Texas, and the correct term of 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 Resolution No. 19-057 is hereby amended to award GT Distributor's Inc., of Austin, Texas, a one (1) year contract, with an option to renew for two f(2) additional one (1) year terms, in the amount of $67,303.03 for the purchase of Police uniforms; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with GT Distributor's, Inc., of Austin, 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 26th day of March, 2019. - Mayor Becky Ames - 14 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 193 MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign agreements with the State of Texas for Construction, Maintenance and Operation of Continuous Lighting and Safety Lighting Systems within the City of Beaumont. BACKGROUND The State of Texas has constructed and continues to construct roadway lighting systems within the City of Beaumont. There are two types of designated lighting systems. Continuous Lighting is primarily intended to improve general roadway lighting within the City and after construction these lights are turned over to the City of Beaumont who is then responsible for their operation and maintenance. Safety Lighting is primarily intended to improve safety for a section of roadway through improved lighting. Safety Lighting is maintained by the State of Texas after construction. These two agreements replace the original ones signed in 1986. As per the agreement, Council should expect to see plans and specifications for any new lighting brought before them for approval prior to construction. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute two (2) Agreements between the City of Beaumont and the Texas Department of Transportation (TxDOT) for the construction, maintenance and operation of continuous lighting and safety lighting systems within the City of Beaumont. The Agreements are substantially in the form attached hereto as Exhibits "A" and "B," 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 26th day of March, 2019. - Mayor Becky Ames - Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES (State Maintains and Contracts for Power) . (Blanket Agreement) THIS AGREEMENT, dated this day of , 20 , by and between the State of Texas, hereinafter referred to as the "State," party of the first part, acting by and through the Texas Department of Transportation, and the City of County, Texas, acting by and through its duly authorized officers under a resolution or ordinance passed the day of 20 , hereinafter called the "City," party of the second part. WITNESSETH WHEREAS, in order to provide a more adequate facility to the traveling public, the construction, maintenance, and operation of certain safety lighting systems is required within the corporate limits of the City. Within the City, said safety lighting system, hereinafter referred to.as the "lighting system," is to consist of safety lighting to be built in sections as financed and designated by the Texas Transportation Commission; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will construct, maintain, and operate said lighting systems, subject to the conditions and provisions stated herein, as provided for in Section 25.11, Texas Administrative Code and Section 221, Transportation Code. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES a. The State will prepare or provide for the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction, and will supervise construction, reconstruction, or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the City and will secure the City's consent to construct the lighting system prior to awarding the contract, said City consent to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of plans containing the following notation: ."Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES, dated . The City -State construction, maintenance, and operation responsibilities shall be as heretofore Traffic-Traffic_TEA19 EXHIBIT "A" Revised 08/27/2013 SAFETY LIGHTING BLANKET (S Agreement No. agreed to, accepted, and specified in the Agreement to which these plans are made a part." b. All costs of construction, maintenance, and operation of the lighting system will be borne by the State, and the lighting system will remain the property of the state. Article 2. GENERAL a. The State's obligation for operation and maintenance of the lighting system shall cease should the route on which it is located be dropped from the State Highway System. b. This Agreement will cease to apply to sections of the lighting system in the event that those sections are removed or become a part of a continuous illumination system. c. This agreement shall remain in force for a period of two years from the date that it is signed by the State; and it is understood by both parties that at the end of the initial two- year period, the Agreement will be automatically renewed for two-year periods thereafter unless modified by mutual agreement of both parties. In the event that the lighting system installed in accordance with this'Agreement becomes unnecessary or is removed for any reason, this agreement will terminate. d. Changes in time frame, character, cost, or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. e. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understaridings or written or oral agreement between the parties respecting the within subject matter. IN WITNESS WHEREOF, the parties have thereunto affixed their signature, the City of on the day of , 20_, and the Texas Department of Transportation on the day of , 20_ THE CITY OF Executed on behalf of the City by: :r Typed or Printed Name and Title Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Date District Engineer Traffic-Traffic_TEA19 Page 2 of 2 Revised 08/27/2013 SAFETY LIGHTING BLANKET (SM,CP) AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY (FREEWAYS OR EXPRESSWAYS) (Blanket Agreement) STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT, by and between the State of Texas, hereinafter referred to as the "State," party of the first part, acting by and through the Texas Department of Transportation, and the City of , County, Texas, acting by and through its duly authorized officers under an ordinance or resolution passed the day of , 20 , hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance and operation of a continuous highway lighting system on freeways and expressways in accordance with 43 Texas Administrative Code, Section 25.11. Within the City, said continuous lighting system hereinafter referred to as the "lighting system" is to consist of continuous lighting to be built in sections as financed and designated by the Texas Transportation Commission; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will construct said highway lighting system, conditioned that the City, as provided in Section 25.11, Texas Administrative Code and Transportation Code, §221.002, will maintain and operate said lighting system. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONSTRUCTION RESPONSIBILITIES A. The State will prepare or provide for the plans and specifications, advertise for bids, let the construction 'contract, or otherwise provide for the construction, and will supervise construction, reconstruction, or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit Traffic-Traffic_TEA21 Page 1 of 4 Revised 05/02/2008 CONTINUOUS LIGHTING EXHIBIT "B" plans and specifications of the proposed work to the City and will secure the City's consent to construct the lighting system prior to awarding the contract, said City consent to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of plans containing the following notation: "Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY, (BLANKET), dated The City -State construction, maintenance and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement to which these plans are made a part." B. All costs of constructing the lighting system will be -borne by the State, and the lighting system will remain the property of the State. Article 2. ' MAINTENANCE AND OPERATION RESPONSIBILITIES A. The City hereby agrees to furnish, at its expense, the electrical energy \ required for proper operation of the lighting system, such electrical energy to be provided at points on the lighting system as designated by the State. The City further agrees to maintain and operate the lighting system in an efficient and sightly condition, including the furnishing of all equipment and labor and making any replacements which may become necessary, without cost to the State. B. The City shall assume maintenance and operation on a date to correspond with the date construction of the lighting system is completed and accepted by the State. The State will provide written notification to the City of such acceptance. The City hereby agrees to furnish at its expense the electrical energy consumed by the system during the period of trial operation prior to acceptance by the State. If the lighting system is constructed by sections, this provision shall apply to each such separately constructed section. _C. The City shall obtain approval of the Executive Director before making any major changes in the design and/or operation of the lighting system as designed and constructed by the State or before the removal of any part of the installation except for the purpose of replacement where identical or accepted equivalent equipment to that originally installed is used. Article 3. GENERAL A. This Agreement shall remain in force for a period of two years from the date that maintenance and operation responsibilities are first assumed by the City and shall be automatically renewed for two-year periods unless modified by mutual agreement of both parties. B. The State will not incur any financial obligation to the City as a result of this Agreement. Traffic-Traffic_TEA21 Page 2 of 4 Revised 05/02/2008 CONTINUOUS LIGHTING - SC(100)-CMO(100)(B) C. This Agreement may be terminated sixty (60) days after the filing of a written notice by either party of a desire for cancellation. The State reserves the right to remove the lighting system upon cancellation of the Agreement. D. If, at any time, the City does not maintain and operate the lighting system in a satisfactory manner, the State reserves the right to either arrange for maintenance at the expense of the City or to remove the lighting system. Should the lighting system be removed due to lack of maintenance, the City hereby agrees to reimburse the State for the cost of removal. E. Should disputes arise as to the parties' obligations under this Agreement, the State's decision shall be final and binding. F. The .City shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of this Agreement. G. Changes in timeframe, character, cost, or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. H. This Agreement shall bind, and shall be for the sole and exclusive benefit of the respective parties and their legal successors. The City shall not assign or transfer its interest in this Agreement without written consent of the State. I. In case any one or more of the provisions contained in this Agreement shall, or any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or . unenforceable provision had never been contained herein. J. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. ' K. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 4. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State and, thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this Agreement. Article 5. AUDIT The State Auditor may conduct'an audit or investigation of any entity receiving funds directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Traffic -Traffic TEA21 Page 3 of 4 Revised 05/02/2008 CONTINUOUS LIGHTING - SC(100)-CMO(100)(B) IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts to effectuate this agreement. ATTEST: CITY OF: IIn (Title of Signing Official) (Date) Traffic -Traffic TEA21 Page 4 of 4 CONTINUOUS LIGHTING - SC(100)-CMO(100)(B) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. APPROVED: By: District Engineer Date: Revised 05/02/2008 District F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police ` MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his designee, to execute all documents necessary, for a License Plate Reader Agreement between the Texas Department of Public Safety Crime Records Service and the City of Beaumont Police Department. BACKGROUND In furtherance of its use of License Plate Readers (LPRs), the Beaumont Police Department already shares collected data with other law enforcement agencies. This agreement sets forth the duties and responsibilities to gain access to the Texas Automated License Plated Reader Database administered by the Texas Department of Public Safety. Participation in this data sharing program is a requirement by the Texas Department of Transportation for using fixed position LPRs on Texas highways. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a License Plate Reader (LPR) User Agreement between the City of Beaumont Police Department and the Texas Department of Public Safety (TXDPS) for the purpose of establishing the duties and responsibilities for access to the Texas Automated License Plate Reader (LPR) Database administered by TXDPS. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March, 2019. - Mayor Becky Ames - CRIME RECORDS SERVICES LICENSE PLATE READER (LPR) USER AGREEMENT This document constitutes a User Agreement which sets forth the duties and responsibilities of the User Agency in order to gain access to the Texas Automated License Plate Reader (LPR) Database administered by the Texas Department of Public Safety (TXDPS). The User Agency shall be a criminal justice or law enforcement agency. USER AGENCY: ADDRESS: The LPR Database shall consist of shared data from all participating local, state, and federal agencies, as well as TXDPS captured data, of the following information associated with a license plate captured by an'LPR: license plate numbers; latitude and longitude coordinates Indicating where the plate was captured; date/time of the capture; and Originating Agency Identifier (ORI) information -of the agency capturing the information. The LPR Database shall be maintained, operated, and managed by TXDPS on a 24 hour, 7 days a week, 365 days a year basis. A. USER AGENCY RESPONSIBILITIES 1. The User Agency may only access and use LPR information for official criminal justice purposes, LPR information shall not be accessed or used for any other purpose. 2. The User Agency shall allow TXDPS to share the User Agency's data contributed to the LPR Database with other authorized criminal justice or law enforcement agencies. 3. The User Agency shall provide its own internet connectivity and maintenance which meets Criminal justice Information Services (C) IS) Security Policy requirements. 4. The .User Agency shall retain sole ownership of, sole responsibility for, and exclusive control over the content of the information that it contributes to the LPR Database. 5. The User Agency shall, at will and at any time, update, correct, or delete the information that it contributes to the LPR Database. 6. The User Agency has the sole responsibility to ensure that the information it contributes to the LPR Database was'not obtained and is not maintained in violation of any federal, state, or local law applicable to that agency. 7. The User Agency has sole responsibility and accountability for ensuring compliance with all laws, regulations, policies, and procedures applicable to its entry and sharing of information into the LPR Database, including but not limited to the federal Driver's Privacy Protection Act (18 U.S.C. §2721 et seq.) and the Texas Motor Vehicle Records Disclosure Act (Tex. Transp. Code Ch. 730). 8. The User Agency shall duly report to TXDPS, in writing, any instance in which LPR information is used in an unauthorized manner. Such notice shall be provided immediately, but no later than three (3) calendar days of when the User Agency first learned of the unauthorized use. 9. The User Agency'has the duty, sole responsibility, and accountability to make reasonable efforts to ensure the accuracy, upon entry and continuing thereafter, of information that it contributes to the LPR Database. 10. The User Agency is solely responsible for the actions or omissions of its employees and officers. 11. The User Agency shall permit access to the LPR Database only to individual users who meet standard Texas Law Enforcement Telecommunications System (TLETS) credentials. Pagel oF3 TXDPS #LES201304161440 EXHIBIT "A" B. GENERAL TERMS 1. TXDPS shall notify the User Agency if it receives a challenge to or reasonable question about the accuracy of the information submitted by the User Agency in the LPR Database, 2. The minimum retention period for infonnation to remain in the LPR Database shall be three (3) years, unless the User Agency indicates to TXDPS that a shorter retention period Is required. 3. TXDPS will provide system training to the LPR Database users at no charge to the User Agency at a time and location to be designated by TXDPS. The obligation of TXDPS to incur training costs is conditional upon sufficient funds budgeted and available. No financial liability shall be incurred by TXDPS by virtue of this User Agreement beyond monies available to it for the purpose of fulfilling this User Agreement. 4. TXDPS reserves the right to immediately suspend service to the User Agency or an individual user when applicable policies are violated. Service may be reinstated, in TXDPS' sole discretion, upon receipt of satisfactory'assurance that such violations have been corrected. All costs for reconnection service are the responsibility of the User Agency. 5. TXDPS shall have the authority to inspect and audit the equipment, records, and operations of the User Agency to determine the User Agency's compliance with standards and requirements associated with TLETS, Texas Crime Information Center (TCIC)/National Crime information Center (NC1C), and of this User Agreement throughout the tern and for a period of four (4) years after the termination of this User Agreement. The User Agency shall maintain records regarding the use and dissemination of information in the LPR Database and shall provide such records to TXDPS immediately upon its request. 6. Any waiver of any breach or default of this User Agreement by TXDPS shall not constitute a waiver of any subsequent breach or default or a waiver of the provision Itself. C. DURATION AND TERMINATION 1. This User Agreement is effective upon the date it is signed by the User Agency and shall remain in effect until terminated by TXDPS or the User Agency. 2. This User Agreement may be terminated at any time upon the mutual written consent of TXDPS and the User Agency. 3. TXDPS or the User Agency may terminate this User Agreement for convenience upon thirty (30) calendar days written notice to the other party. 4. TXDPS may terminate this User Agreement if the User Agency fails to comply with any provision of this User Agreement or is otherwise In default by providing written notice to terminate, which termination shall become effective immediately upon the User Agency's receipt of the notice. S. In no event will termination by TXDPS give rise to any liability whatsoever on the part of TXDPS. 6. All rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of all information by the User Agency as described in this User Agreement shall survive any termination. D. NOTICES AND CONTACTS The User Agency shall direct all correspondence to TXDPS regarding this User Agreement to the following address: Texas Department of Public Safety Law Enforcement Support Division Attention: LPR Quality Control Analysts P.O. Box 4143 Austin, Texas 78765-4134 Email: TC[C.Operations@dps.texas.gov Page 2 of 3 TXDPS #LES201304161440 TXDPS shall direct all correspondence to the User Agency regarding this User Agreement to the following address and contact person designated by the User Agency. The User Agency shall notify TXDPS within ten (10) calendar days of any change in this Information: Name: Address: City, State, Zip: Telephone: Fax: Email: Notices to the addresses,shown above shall be deemed received: (i) when delivered in hand and a receipt granted; (ii) three (3) calendar days after it is deposited in the United States mail; or (iii) when received if sent by confirmed Fax or confirmed email. In WITNESS WHEREOF, the signatory for the User Agency hereby represents and warrants that it has full and complete authority to sign this User Agreement on behalf of the User Agency. USER AGENCY: Signature:. Printed Name: Title: Date: Page 3 of 3 TXDPS #LES201304161440 G BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary,, Chief of Police MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his designee, to execute all documents necessary, for a Multiple Use Agreement between the Texas Department of Transportation and the City of Beaumont Police Department. BACKGROUND As part of its efforts to protect the community, promote public safety, and help reduce vehicle related crime, the Beaumont Police Department operates License Plate Readers (LPRs). LPRs can be mounted on patrol vehicles, while others are stationary, or mounted on a trailer that can be parked. This agreement permits the operation of a trailer mounted plate reader'upon the highway right of way at a specific location. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Multiple Use Agreement between the City of Beaumont Police Department and the Texas Department of Transportation (TxDOT) for the use of state highway right- of-way to allow the construction, maintenance and operation of a public trailer mounted license plate reader to be located at IH -10 at US 69 Interchange and 11th Street Exit westbound and eastbound. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March, 2019. - Mayor Becky Ames - •y 1 1` 1 � Ol l}aroAptatlal Form 2044 (866. WHO) Page t. of 10 STATE OF TEXAS � COUNTY OF TRAVla � MULTIPLE USE AGREEMENT e THIS AGREEMENT made by the State of Texas by and botween the TOM; Department of Transportation, hereinafter referred to as "State", party of the first part, and City of Beaumont Police Department , hereinafter called city party of the second part, Is to become effective when fully executed by both parties. WHEREAS, on the day day of month of the year .2019 , the governing body for the city , entered into Resolution/Ordinance No, Ordinance hereinafter identified by rafNrsnce, authorizing the city 'a participation In this agreement with the State; and . WHSROAS, the city has requested the State to permit the construction, maintenance and operation of a publin Trailer Mounted License Plate Reader on the-hlghway right of way, {ROADWAY 11-1-10 WS and E9 CONTROL SECTION NQ. 0026-13 ). (general description of area lncluding either the control number or GPS coordinates.) @US 69 Interchange and & 1 th St. Exit with OPS 80"O'40.0VIN; 94°7'60.00"W and 3D"V43,OWN; 94' 810.Oo"w Shawn graphically by the preliminary conceptual site plan In Exhibit "A" and being more specifically described by metes and bounds of Exhibit "W, which are attached and made a part hereof; and WHEREAS, the State has Indicated Its willingness to approve the establishment of such facilities and other uses conditbned that the city will enter Into agreements with the State for the purpose of determining the respective responsibilities of the city and the State with . reference thereto, and oanditloned that such uses are In the public Interest and will not damage the highway facilities, impair.safely, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and tra6ic investigations conducted by the State, EXHIBIT "A" Farm 2044 (agV. tons) PBa� z ur ro NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, It is agreed as follows: I. DESiGBN AND CONSTRUCTION City will prepare or provide for the construction plans' for the facility, and will. provide for the construction work as required by said pions at no cost to the State. Said plans shall Include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compliance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and deflne ' the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shalt be attached to the agreement and made a part thereof In.all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State. Any sidewalks, curb ramps and other pedestrian elements to be constructed, either on alta or off site, by the City shall be in accordance with the requirements of Title it of the Americans With Disabllltlas Act (ADA) and with the Texas Accessibility Standards (TAS), Elements constructed by the City and found not to comply with ADA'or TAS shall be corrected at the entire expense of the City 2, INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration Personnel and State Forces and equipment when highway maintenance operations are necessary, and for Inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting parlting to single unit motor vehicles of size and capacity no greater then prescribed for 1112 ton trucks, such vehicles to conform In size and use to governing laws. Parking shall be permitted only in marked spaces, Parking shalt be prohibited when a security threat, as determined by TxDCT, exists. ' POM12044 (Rev. 10118) . Peeo�ofl0 4. PROHIBITIONMIGNS Regulations shalt be established prohibiting the parking of vehicles transporting flernmable, or explosive foods and prohibiting use of the area in any manner' far paddling, advadising or other purposes not in keeping with the objective of a public facility. Thq erection of signs other than those regaired for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erectlon. B. RESPONS981UTIES rimely maintenance. repair and operation of the facility shall be entirety the responsibility of the city . Such responsibility shall not be transferred, assigned or conveyed tq a third party without the advanced written approval of the State. These respanelbilitiesr expressly Include the timely maintenance and repair of any portion of the facility necessary to comply with the Americans with Disabilities Act. Further, such responsibility shall Include picking up trash, mowing and othwMee Iteeping ft facility Ina clean aW sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionabie smoke, fumes, vapor or odors sling not be permitted to rise above the grade Ina of the highway, nor shalt they facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, Including rain or snow. If the State determines that city has failed to comply with these responsibilities, It wgt perform the necessary work and charge City the aatuaf cosi of the work. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more then are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. A. Retention Period_ The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to fees collected and costs (hereinafter Galled the Records). The City shall make the records available during the term of the Agreement and for four years from the date the Agreement is terminated, until completion of aft audits, or until pending Migafion has been completely and fully resolved, whichever occurs fast. B. Audit Report. If fees are collected by the City fwr the use of the facility Under this agreement, the city will provldb the State an annual audit report detailing the fees collected for the use of the facility and the costs associated with constructing, maintaining, and operating the facility within the some period, If the report shows more fees Pallected than expenses for the construction, operation, or maintenance of the facility the city -- must provide a multiple year plan detailing how the additional revenue will be used for construction, operation, or maintenance of the facility. Farm 2044 (Rev 10118) P""4 of 10 C. kpilabfllty. The State or any of its duly authorized representagves; the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller Genera) shall have access to the city 'a records that are directly pertinent to this Agreement for the purpose of making audits and examinations. 7. TERMINATION UPON Alt: 71Cl; This provision Is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make Improvements to said facility shall immediately tease and terminate and City shall be responsible for ffis facility's timely removal at no cost to the State. If the State determines that . City has failed to timely remove the facility, it will perform the necessary work and charge city the actual cost of the work. 0. MODIFICATtON1Tl"RMIMATION OF A011SEMEW If In,'the sole judgment of the State It is found at any future time that traffic conditions have so changed that the existence or use of the facility Is Impeding maintenance, damaging the highway fsoiltty, impairing safety 'or that the facility is not being properly operated, that It constitutes a nuisance, Is abandoned, or if for any other reason It Is the State's Judgment that such facility Is not in the public Interest, this agreement under which the facility was constructed may be; (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the Nallity; or (2) terminated and the use'of the area as proposed herein discontinued. e. PROH1131TION OF STORAGE OF FLAMMABLE MATERIALS Ali. structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, exploslve or hazardous materials to prohibited. Operations deemed to be a potential fire hazard shall bei subject to regulation by the State. 10, RESTORATION OPARIBA The City shall provide written notification to the State that suoh facility will be discontinued for the purpose defined herein. The city shall, within thirty (30) days from the date of said noliflcation, clear the area of all facilities that were its congtructlon responsibility under this agreament and restore the area to a condition satisfactory to the State. 71. PREVIOUS AGREEMENTS It Is understood that this agreement in no way modifies or supersedes the terms and provislone of any existing agreements between the parties hereto, Paan M4 (1W.10118) Page S Or 10 12. INDEMNIFICATION City AGREES TO HOLD AND SAVE TI4E STATE OF TEXAS FREE FROM DAMAGES THAT MAY RESULT FROM CONSTRUCTION OF THE PROJECT DESCIUDED HERON. THE INDEMNIFICATION OF THIS STATE SHALL EXTEND FOR A PERIOD OF TWO (2) YEARS BEYOND THIS DATE aP TERMINATION OF THIS AGRFBMC-NT.Pic- es iv ubea� W r • Q.�-�5 � pnr �/ . DURING EACH YEAR WHILE THERE IS ANY LIABILITY BY REASON OF THE i AGRHEMENT CONTAINED IN THIS SUBSECTION OF THIS RESOLUTION, INCLUDING THE CALENDAR YEAR 2019 1 THE City of Beaumont (CITY) SHALL COMPUTE AND ASCERTAIN THE RATE AND AMOUNT OF AD VALOREM TAX, BASED ON THE LATEST APPROVW- TAX ROLLS OP SAID ENTITY, WITH FULL ALLOWANCI98 BEING MADE FOR TAX DELINQUENCIES AND COSTS OF TAX COLLECTION, WI -HCH WILL. BE SUFFICIENT TO RAISE AND PRODUCE THE MONEY REQUIRED TO PAY ANY SUMS WHICH MAY BE OR BECOME DUE DURING ANY SUCH YEAR, IN NO INSTANCE TO BE LESS THAN TWO (2%) PER CENT OF SUCH OBLIGATION, TOGETHER WITH INTEREST THEMON, BECAUSE OF THE OBLIGATION HEREIN ASSUMED. SAID RATE AND AMOUNT bI: AD VALOREM TAX IS HEREBY ORDERED TO BE LEVIED AND IS HEREBY LEVIED AGAINST ALL TAXABLE PROPERTY IN SAID ENTITY VORII EACH YEAR WHILE ANY LIABILITY EXISTS BY REASON OF THE OBLIGATION UNDERTAKEN BY THIS SUBSECTION OF THIS RESOLUTION, AND SAID AD VALOREM TAX SHALL HE ASSESSED AND COLLECTED EACH SUCH YEAR UNTIL ALL OF THE OBLIGATIONS HEREIN INCURRED SHALL HAVE BEEN DISCHARGED AND ALL LIABILITY HEREUNDER DISCHARGED. No party to this agreement Intends to waive, relinquish, limit or condition Its general governmental Immunity from liability In any way, - s a J ree,meA�(.I- ,N; ii 10 e✓ C UN. Sfrae d Unc/e r (R• -J. �1ttr 5c�. �.��Ch1 6./1d Verlu� IJ -A er r��rS n�ree,w,!,,-r j,-11 1,e �n ieM Each party agrees and acknowledges that it is not an agent, servant, or employea of the other party and that under this provision each party lu responsible only for Its own acts 'and for those of Its agents, servants, Independent contractors or employees, Such responsibility Includes, but Is not limited to any claims or amounts arising or recovered under the "Workers Compensation Law," the Texas Tort Claims Act, Chapter, 101, Texas Civil Practlre and Remedies Code, or any other applicable laws or regulations, all as time to time may be amended. F=044 (Rev,4WID) page B of 40 Nothing In this agreement shall be construed as creating any IiabUity in favor of any thtrd pprty against the State and the city Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State. Furthermore, the City shali become fully subragatpd to the State's rights of recovery and shell be entitled to maintain any action over and against any third party,who may be liable for darrdges. The State ,agrees to execute and deliver Instruments and papers and to otherwise do that which is necessary to secure such rights. 13. INSURANCE The City , shall provide necessary safeguards to protect the public on Stat® maintained highways including adequate Insurance for payment of any damages which might result during the construction, maintenance, repair and operation of the facility. City shall Include TxDOT as an additional insured by endorsement In city to commercial general liability Insuraoce policy. Prior to beginning work on the State's right of way, the City 's construction contractor shall submit to the State a completed. Insurance form (TxDOT Form No. 1566) or appropriate certificate of self -Insurance and shall maintain the required coverage during the construction of the facillty. Ty - b b f ull ee r5 ta j d5 7 tit to l G, �0n s ct �t, 7 6 S u,r �..•� c ey . 14. USE OF RIGHT OF WAY P° c4 � �� . IVAI; e 5 , It understood that the State by execution of this agreement does not Impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re -construction of the traffic faculty for which It was acquired, nnr shell use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any Interest in the land described herein but merely consents to such use to the extent Its authority and title permits. 15. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The city shall be responsible for obtaining such additional consent: pan-n9s or agreement as may be necessary due to this agreement. This Includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities, 16, FHWA A©DiTIONAL REQUIREMENTS If the FaaiW Is located on the Federal -Aid Highway System, "ATTACHMENT A", which states additional requirements as set forth in the Federal Nl(ghwoy Administration's Title 23, Code of Federal Regulations, § 710, shall be attached to and become a part of this agreement, 17. CIVIL. RIGHTS ASSURANCES The -- City _ _ _ , for itself, its personal representatives, successors and Interests and Farm 2044 (ftev.10118) Hue r of 10 assigns, as part of the consideration hereof, does hereby covenant and agree as a covenapt rurtning with the land that: (1) no persons, on the ®rounds of race, color, sex,. age, national origin, religion or disabling condition, shall be excluded from participation In, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any IMprovementa on, over or under such land and the furnishing of services thereon, no parson on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation In, denied the benefits of, or. otherwise be subjected to discrimination; (3) that the City shall use the promises in compliance with all other requirements Imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, aublltte A, Office of the Secretary, part 21, Non-dlscriminatlon In Federally -Assisted programs of the Department of Transporiallon , I=ffectuation of Title VI of the Civil itights -Act of 1964, and as said Regulations may by amended, That If in the event of any breach of the above non-discriminatfon covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as If said agreement had never been made or Issued, 18. AIU ENOMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 49. LEGAL CONSTRUCTION In case one or more -of the provisions contained in this agreement shalt for any reason be held invalid, illegal or unenforceable In any respect, such Invalidity, illegality or unenforceablifty shall not, affect any provision hereof and this agreement shall be construed as if such Invalid, 111dgal, or unenforceable provision had never been contained in this agreement. 20. AUDIT The State may conduct an audit or 9nvestigailon of any aspect of this agreement. The City must provide the State with access to any information thn State considers relevant to the investigation or audit Thet audit can include, but Is not limited to, any contract for construcil4n or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the City if that service Is authorized by this agreement, - ,'Futm 2044 (Rev 18118} Y11aQ 8 qr 10 V. AUTHORITY OV STATE AUDITOR The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under,the contract or indirectly through a subagntrect under the contract, Acceptance of funds directly under the contract or indirectly through a subcontract undo this contract acts as acoeptanco of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that Is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investfgalion or audit. 22. NOTICE$ Ail notices required tinder this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Mailing Address) Texas Department of Transportatlon Maintenance Division 125 East filth Street Austln, Texas 78701-2483 23. TIMELY PAYMENT (blame of other party) (Mailing Address) Address Name Address Name Address Road/Street/Hwy Andress City/5tatemp When required by any provision of this agreement requires a payment to be made to the State, the other party hereto shell. within thirty (30) days from receipt of the State's written notiftcafion pay the State for the full cost of repaldrig any damages to the highway facility which may result from the other party's construction, malntenance, repair or operation of the facility, 24. WARRANTS The slgnbtodes (o this agremnent warrant that each hes the authority to enter Into this agreement on behalf of the party represented. List ofAttoohed Exhibits: Exhibit A - General Layout Exhibit B - Mates and Sounds Description Exhibit C -Approved Construction Plans Exhibit D - Certificate of insur@nce (TxD0T f=orm 1560) Exhibit E - Attachment A (SHWA Additional Requirements) i F01M2044 tReVAWIBt Page 0 of 10 F IN WIVAIESS WHEREOF, the parties have hereunto of xed their signature, the oh the m day of w_ _ _. . ? 20w and the State on the day of , 20 STAVE OF TEXAS Executed and approved for . the, Texas (Name of other party) Transportation Commission for, the purpoQa and effect of activating and/or carrying out the orders, and established policies or want programs BY: �. .. heretofore approved and authorized by the Texas Signature Transportation Commission, ------��... By: .,�. PrintedName Director, d ntenanca v s an 'idita Ptinted Name 4 Agency i]ate APPROVAL. RECOMMENDED: M Contact Office and Telephone No. District Engineer -'printed ame �. Date I F v 'Fonn W44 (Rov )0118) P400 10 or 10 t ATTACHMENT A I inasmuch as this project is on the Federal -Aid highway, system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710.105. 1. Any significant revision In the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA- 2. Any change In the authorized use of real property interest shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FMWA. 3. Beal property interest shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable In the event that the real property interest facility ceases to be used or Is abandoned, EXHIBIT E BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 26, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition — Presentation from Entergy related to their Advanced Metering Infrastructure (AMD Program Presentation related to an Audit of Actuarial Valuations, Studies and Reports for the Fire Pension * Public Comment: Persons may speak on scheduled agenda items 3-7/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a request for a Specific Use Permit to allow a wholesale food preparation facility in a GC -MD (General Commercial- Multiple Family Dwelling) District located at the northeast corner of Grand and Miller Streets 2. Consider a request for a Specific Use Permit to allow a bible study on property zoned NC (Neighborhood Commercial) District located at 3890 Highland Avenue 3. Consider amending various sections of Chapter 14 of the Code of Ordinances related to facility rental rates within the Event Facilities Department 4.- Consider a resolution approving a three-year contract with WorkQuest for litter removal along City rights -of -ways and other specified areas throughout the City 5. Consider a resolution approving a three-year contract with WorkQuest for litter removal at bus shelters for the Beaumont Municipal Transit System 6. Consider amending section 4.06.001 of the Code of Ordinances related to owning Livestock 7. Consider an ordinance repealing in its entirety Article 14.03, Division 4, Right of Way Management Regulations of Chapter 14, Streets and Sidewalks, .of the Code of Ordinance of the City of Beaumont and replacing it with the New Article 14.03, Division 4, Right of Way Management Regulations, to conform to new rules adopted by the FCC -Federal Communications Commission regarding Small Cell Technology PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2019 Annual -Action Plan WORKSESSION * Receive a status report related to the City's Sewer System and review and discuss a proposal to spend additional funds for improvements within the Sewer System COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically city -owned property at 3455 Sarah Street Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 March 26, 2019 Consider a request for a Specific Use Permit to allow a wholesale food preparation facility in a GC -MD (General Commercial- Multiple Family Dwelling) District located at the northeast corner of Grand and Miller Streets BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 26, 2019 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a wholesale food preparation facility in a GC -MD (General Commercial - Multiple Family Dwelling) District located at the northeast corner of Grand and Miller Streets. BACKGROUND Prentiss Semien is requesting a Specific Use Permit to allow the construction of a wholesale food preparation facility at the northeast corner of Grand and Miller Streets. Mr. Semien plans to construct a new facility to prepare, cook and package pork skins, also known as cracklings. In August of last year, Mr. Semien received a Specific Use Permit for the same purpose for the property located at 1195 Grand Street, but unfortunately, the building was irreparable. Hours of operation will be 8 a.m. until 9 p.m. with a store front opening from 10 a.m. until 9 p.m. The busiest shift will have 5 (five) employees. At a Joint Public Hearing held on March 18, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District located at the northeast corner of Grand and Miller Streets with the following conditions: 1. The access aisle for the van accessible handicap spot shall be on the passenger side of the parking spot. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City's pre-treatment program. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the request with the following conditions: 1. The access aisle for the van accessible handicap spot shall be on the passenger side of the parking spot. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City's pre-treatment program. NFECIFIC USE PERMFT APPLICATION BE ATIMO IT9 TEXAS (Chapter 30. City Codas) TO: THE PLANNII\TG COMMISSION AND CITY COUNCIL, CITY 6F BEAUMONT, TEXAS APPLICAN`T`S NAIY E APPLICANTS ADDRESS: 62. - 41ixz AFPUCAN_ 'rS PHONE #: �� q� - o� FAX ADDRESS OF OWNER:r�o��t CLQ ma��}c� "77} LOCATION OP PROPERTY: 6tT LO U To �j g2 SouTtA 6 f. I 1 G 0 CAN 0 LEGAL DFISCRIP'l?ioN OF PROPERTY: LOT NO; L ._L.. S OR TRAC BLOCK NO.B PLAT ADDITIOtiTai�� SURVEY N MgER OF ACRES . _7(a NUMBER.OF ACRES For pro. erties not in a recorded subdivision, submit a topy of a cdrreat survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: b1 `e. 0� �.1�c�Cf1 Z�tit� aC!��wn# cr�-''� Luh '� ZONAE: Gc— ATTACH A LEITER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the by back side of this sheet. ATTACH A MUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDMONS listed on the back, side of this sheet must be met before City Council can grant. a specific use P=rdt. (PLEASE ADDRESS EACH WNDITION IN DETAIL, ATTACH TBE APPROPRIATE APPLICATION FEE: LM THAN h ACRE.. .............:50.00 1 ACRE OR MORR V► D LESS THAN 5 ACRES ... .............. -WOM 3 ACRES OR MORE.................................................................:650.00 I, being theundersig, ed applicant, understand that all ofthe conditions, dunensions, building sizes, landscaping audparking areas depicted ort the site pan shall_b.d to as amended and approved by Cit, Council, c SIGNATUBB OF APPLICANT: DATE: -Zh 6 /Z q SIGNATURE OF OWNER NOT APPLICANT) DATE: 7, PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OFBEAUMONT t LANN—MG DIVISION 801 MAN STREET, ROOM 201 PEAUTIMONT, TX 77701 FILE i�iGZvlBER: - �� Z4 P DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE INTAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDIKG 712 SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Processes and Activities 1. Preparation of crackling for wholesale. 2. Selling crackling to the public and local businesses. Attached are the crackling production procedures. OR Cracklin Kings Procedures 1. Frozen raw pork skins are purchased from JW Packing Company Inc. 35602 US- 90 Brookshire, TX 77423 The pork skins come in 501b boxes. 2. Frozen skins are transported from Brookshire, TX to Beaumont, TX with a refrigerated truck. r -'Grand St. Beaumont, TX 77701 Pork skins are unloaded and placed immediately inside a freezer inside the kitchen. 3. Pork skins are taken out of the freezer, then out of the packaged box, and then placed on a stainless steel table where they are cut into lin. X 1 in. squares. 4. After being out the pork skins are bagged, sealed, dated, and placed back inside the freezer to be cooked on a later date. If the pork skins are cooked on the same day they are bagged, sealed, dated, and then put back inside the refrigerator until cooking time. 5. Immediately after cutting the skins the cutting area and utensils are cleaned with the appropriate cleaner and then sprayed at the end with an approved sanitizer. 6. A 120gt pot is brought to a boil and seasoning is added to the water. The refrigerated pork skins are added and oiled for 30 minutes. The seasoning that is added to the boiling water. 7. After boiling thirty minutes the skins are removed from the water and drained. 8. The water in the boiling pot will be poured down the drain and the pot will be immediately washed, dried, and returned to its storage place. 9. During the boiling process a 30 gallon cast iron pot will bring 10 gallons of lard to a temperature of 275F 10. After the frying process is completed the lard will cool down for 30 minutes and 5 gallons of lard will be removed and strained into a glass container. 11. Immediately after draining the pork skins they will be placed in 275F lard. 12. The pork skins will fry in the lard for 45-60 minutes. The final ten minutes of frying the temperature of the lard will be raised to 350F. 13. The pork skins will be taken out of the lard and placed in a stainless-steel tub where they will be seasoned with three seasonings. 14. After seasonings the pork skins will be placed in a proofer where they will cool down until packaging. 15., The pork skins will be taken out of the proofer in the packaging area where they will be weighed and placed in the mason jars. 16. Lids will be placed on the jars and they will be placed in a vacuum sealer machine where all the air will be taken out of the jar and sealed. 17. After the jars are sealed they will be labeled and packaged for delivery. 18. The packaging area will be cleaned and sanitized with the necessary approved cleaning supplies. 19. All areas will be moped and sanitized with the appropriate approved cleaning supplies. Section 30-26.E Requirements 1. The specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish of impair property values within the immediate vicinity. The specific use will allow economic and community development. Currently, the property and immediate vicinity locations are vacated or nonexistent. My intentions are to provide future employment opportunities in a safe, welcoming, and economically friendly environment. 2. The establishment of the specific use will not impede on the normal and orderly development and improvement of surrounding vacant property. The specific use,will enhance the dormant area by bringing occupancy to a currently vacated property and bring service back to this street that had a food business for over 30 years. 3. The adequate utilities, access roads, drainage and other necessary supporting facilities will be provided being brand new and up to code in every aspect. 4. The design, location and arrangement of all driveways and parking spaces will provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. The access to the property will be easily accessible and designed to minimize or eliminate traffic on the street as well as ample parking to keep all customers out of the way of the general public. The additional property surrounding the building allows for growth and future expansion. 5. The adequate nuisance prevention measures are in place to prevent or control offensive odor, fumes, dust; noise, and vibration. All product manufacturing will be completed inside the establishment, with adequate disposal procedures being followed. 6. Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. 7. Landscaping and screening to insure harmony and compatibility with adjacent property will be completed. 8. The proposed use is in accordance with the Comprehensive Plan. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WHOLESALE FOOD PREPARATION FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT THE NORTHEAST CORNER OF GRAND AND MILLER STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Prentiss Semien has applied for a specific use permit to allow a wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at the northeast corner of Grand and Miller Streets, being Lots 1-5, Block 1, Patillo Addition, Beaumont, Jefferson County, Texas, containing 0.764 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at the northeast corner of Grand and Miller Streets, subject to the following conditions: • The access aisle for the van accessible handicap spot shall be on the passenger side of the parking spot • Construction plans must beet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City's pre- treatment program and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a`wholesale food preparation facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a wholesale food preparation facility in a GC - MD (General Commercial -Multiple Family Dwelling) District at the northeast corner of Grand and Miller Street, being Lots 1-5, Block 1, Patillo Addition, Beaumont, Jefferson County, Texas, containing 0.764, acres, more or less, as shown on Exhibit 'A" is hereby granted to Prentiss Semien, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The access aisle for the van accessible handicap spot shall be on the passenger side of the parking spot • Construction plans must beet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City's pre- treatment program. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 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 26th day of March, 2019. - Mayor Becky Ames - 0 _.,�� Request for ility in a Gc a Specific Use plicae t: PrentissGenera] Commerc al-144 mit to allow a wbol ion: TheSe►nienltipic F esale cafood northeast corner of am�y'ellin preparation Grand g) District Street at 11"ller Street ea.3o' EXHIBIT "B" March 26, 2019 Consider a request for a Specific Use Permit to allow a bible study on property zoned NC (Neighborhood Commercial) District located at 3890 Highland Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 26, 2019 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a bible study on property zoned NC (Neighborhood Commercial) District located at 3890 Highland Avenue. BACKGROUND Emmanuel Guillory has requested a Specific Use Permit to allow a bible study (religious organization) at 3890 Highland Avenue. The applicant states that the property would be used for bible study, discussions related to theology and occasional bible study classes for college age students from the local university. Meeting times would initially be on Sunday mornings from 9 a.m. until 10 a.m., and on Wednesday evenings from 6:30 p.m. until 7:30 p.m. Plans are to eventually have other meetings primarily in the evening. At a Joint Public Hearing held on March 18, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a bible study on property zoned NC (Neighborhood Commercial) District located at 3890 Highland Avenue with the following conditions: 1. Stripe the parking area with the alternative parking layout supplied by City Engineering and install proper ADA signage. 2. Either remove the gate on Brockman Street completely and make it a single gate instead of a double, or keep the existing fence and pave the driveway approach with asphalt or concrete. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the request with the following conditions: 1. Stripe the parking area with the alternative parking layout supplied by City Engineering and install proper ADA signage. 2. Either remove the gate on Brockman Street completely and make it a single gate instead of a double, or keep the existing fence and pave the driveway approach with asphalt or concrete. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City. Codes) TO: THE PLANNING COMMISSION AND CITY APPLICANT'S NAME:\�r� APPLICANT'S ADDRESS: A 5 - J �l . APPLICANT'S PHONE NAME OF OWNER: m2 h ADDRESS OF OWNER: 7q2—a kMl CITY OF BEAUMONT, TEXAS FAX ° Tog LOCATION OF PROPERTY :m me,+�hl � �, 111 `�T1 �-10 5 LEGAL DESCRIPTION OF PROPERTY: LOT N0. OR BLOCK NO. C� ADDITION Sfl, ON- N—� 6 SII "N NUMBER OF ACRES O .SSS TRACT A PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: ` \�\� V �`1 ZONE: C-1 ATTACH A LETTER describing all processes and activities involved with the proposed uses. *ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %Z" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back, side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDTITON IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %2 ACRE.................................................................$250.00 ''V2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all ofthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as mended and approved by City Council. SIGNATURE OF APPLICANT: SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND FILE NUMBER C2,),�i JJ p NOT APPLICANT) DATE: TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. SUBJECT: Processes and activities involved with proposed uses The processes and activities that will be conducted at the location will be to conduct bible studies and discussions related to theology. In addition, certain days will be set aside to have bible study classes for college age students from the local university. There will be small group discussions centered around spiritual growth, maturity and development with a specific emphasis on character and integrity. Any and all activities with be centered around personal growth and development and biblical education. EMANUEL GUILLORY SUBJECT: EIGHT CONDITIONS FOR SPECIFIC USE PERMIT 1. The specific use will not be injurious to use and enjoyment of other property. The property is compatible with other religious facilities within the immediate area and other educational facilities. The property will be well maintained with weekly maintenance as to not diminish adjacent property_ values. 2. The specific use will not impede orderly development and improvement of vacant property. Efforts will be made to maintain adjacent vacant properties through community organized events and functions 3. Adequate utilities, access roads and drainage are currently installed and functional and will be maintained. 4. The design and location of the parking is identified and provides for safe entry and exit ways and does not adversely affect the general public or any other development. 5. There will not be any offensive odors,fumes,dust, noise or vibration as a result of the specific use permit for this location. 6. There will not be directional lighting that will adversely affect neighboring properties. All lighting will be utilized as a safety measure for the .facility without disturbing neighboring properties. 7. Landscaping will be maintained weekly to ensure compatibility with adjacent properties. All efforts will be made to ensure property upkeep exceeds standards. 8. The proposed usage is in accordance with a comprehensive plan to ensure good community relations, recreation, educational opportunities and positive land usage. N sr �o 4 or aosmF� tI +ax t%7 .IGD.R LOT 3LOT 16 N 8T49I0' E 189.00' SF7' /2 GNAlN U7 7ALCJ 1 !GALLED CAST iBBE07 9AR F—//— f/—/7SWI'—ff---df---/--f/—f/•----!/—•—!/--1/----1 laoo' n n now n Lor z J � rxr OW Smy 0 n a A.G 1297�•�G ay �U FN7RANf{ : is wEine 4�x.{ �x n G{� HEAD �.;'. �.1�. ,:7 iv:• ��. O fl E�D7RIQ� 't`r{'}r•'r n� ; I z n LOT A LOT 1 • N ' `; i i:'i`�v'F:' i`}f. p✓Ayd 8 _ c7UC! (per ppyG�� •. v b SWAIR (cAtLm uesr z:s.cG _ P.P. BOO" {6o' &G.f&) F -low cvw ;'�',' S7714y SEIa �L;' lNLE7 O SmRi4OPSm f t N i Ilk4 .h ;'�',' S7714y SEIa �L;' lNLE7 O SmRi4OPSm f SITE PLAN REVIEW FOR SPECIFIC USE PERMIT APPROVAL TO: Fire Marshal, Engineering, Public Health, Public Works, Traffic Division, Water Utilities and Planning & Community Development FROM: Planning Division - Adina Josey SUBJECT: Specific Use Permit Review for FILE: 2373-P Respond by: 3/5/2019 Applicant: • Emanuel Guillory Phone # (409)504-2282 S.U.P. request for: a Bible study (religious organization) in NC zoning at 3890 Highland Avenue. REVIEW: ❑ Plans for the proposed use were reviewed and approved. ■ Plans were approved with the following conditions: See attached for comments regarding the parking lot layout and modifications needed to the existing fence/driveway along Brockman Street ❑ Plans were NOT approved for the following reason: J t PW - Engineering Department Signed 03-04-2019 Date C ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BIBLE STUDY IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3890 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Emanuel Guillory has applied for a specific use permit to allow a bible study in an NC (Neighborhood Commercial) District at 3890 Highland Avenue, being Tract A & Y of the adjacent alley, .Block 50, Jeff Chaison 2nd Addition, Beaumont, Jefferson County, Texas, containing 0.555 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a bible study in an NC (Neighborhood Commercial) District at 3890 Highland Avenue, subject to the following conditions: ; and, • Stripe the parking area with the alternative parking layout supplied by the City Engineering and install proper ADA signage • Either remove the gate on Brockman Street completely and make it a single gate instead of a double, or keep the existing fence and pave the driveway approach with asphalt or concrete WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a bible study is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a bible study in an NC (Neighborhood Commercial) District at 3890 Highland Avenue, being Tract A & % of the adjacent alley, Block 50, Jeff Chaison 2nd Addition, Beaumont, Jefferson County, Texas, containing 0.555 acres, more or less, as shown on Exhibit "A,`' is hereby granted to Emanuel Guillory, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Stripe the parking area with the alternative parking layout supplied by the City Engineering and install proper ADA signage • Either remove the gate on Brockman Street completely and make it a single gate instead of a double, or keep the existing fence and pave the driveway approach with asphalt or concrete. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations 5 contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 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. 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"'... , : '.LL_ V..� � �i:�; e - - .r C+' .4! �:l �'S. , -•lf =�;.y •• +• ?, .rjsr . ,xl.. � l.•," , yF 'tk� 1�:."":.g - ' : c�r •�::_: .:.;y. / .A:Ti��...;�i'trY. }• � '. ;'/,� k !-,',� i',•' -'y;i '� 7_.,•s `4"�4r,,, �7,.. _ ".,�..°�"�tt9�+y:,y,'t, �r.•r;�jJ FAL.. x.°',.' '; ''}d;?;y`�` , -"L�.�-�-,.•*.`ci,:.". ��,' '�•, `' 'ly'��ri�" �.�v. ,.,� y.f �•I.1 ,r��'�i- �,,�r_' ^�( �;,•��:.;;.r',�7 `.�C,r,; R'a {' 1 ' O ILA- .: - 72r to F,�"�.t •...ty. ,' I 3 March 26, 2019 Consider amending various sections of Chapter 14 of the Code of Ordinances related to facility rental rates within the Event Facilities Department BEAUMONT, TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lenny Caballero, Director of Event Facilities MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider amending various sections of Chapter 14 of the Code of Ordinances related to facility rental rates within the Event Facilities Departhnent. BACKGROUND In a work session held on March 19, 2019, the City Manager and Director of Event Facilities discussed and reviewed proposed changes to the Code of Ordinance related to Event Facility fees and charges. The proposed ordinance is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ARTICLE 14.05 GMC CENTER rnn rnr 6X EVENT FACILITIES Sec. 14.05.001 Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: All day. Use of a facility from 8:00 a.m. until 12:00 a.m. Commercial event. Any event hosted by a for-profit organization or business. Event facilities. Beaumont Civic Center, Julie Rogers Theatre, Jefferson Theatre, Downtown Event Centre, Great Lawn, > > GeRtfal Park Community GeRteF and grounds contiguous to those facilities, and the Lakeside Center. Gross receipts. All monies received from the sale of tickets. Noncommercial event. An event contracted by any of the following organizations or individuals: (1) Nonprofit civic organizations; (2) Nonprofit fraternal organizations; (3) Nonprofit educational institutions; (4) Nonprofit religious organizations; (5) Charitable organizations; (6) Individuals sponsoring weddings, birthdays, and all other private events as determined by the director of event facilities. Move-in/out. Facility rentals, used for the setup for an event or for moving out after an event, on any date other than the event day, where the facility is not available for other rentals. 1 Rental Period. Aetu i day of e (doesnotinFludo rehearsal, move i ' 4 Facility access times. All set up,' event activities and tear down must take place within the rental period. After Hoursil}t. When any of the event facilities are used between the hours of 12:00 a.m. through 7-W 8:00 a.m. (1958 Code, sec. 9B-1; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; Ordinance 99-99, sec. 1, adopted 12/26/99; 1978 Code, sec. 20-20; Ordinance 07-055, sec. 6, adopted 5/8/07; Ordinance 14-059, sec. 1, adopted 11/12/14) Q Sec. 14.05.002 Use rate schedule The following rates will apply to the use of city event facilities: (1) Civic Center. (A) Commercial: Minimum rental shall be two thousand ($2,000.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (B) - Noncommercial: Minimum rental shall be one thousand five hundred ($1,500.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary Meetkig Rental Spaces in the Civic Center: (i) Commercial/noncommercial: a. Hourly (minimum two-hour rental), per space: $100.00 per hour. 2 (2) Julie Rogers Theatre. (A) Commercial: Minimum rental shall be one thousand two five hundred ($00:00 $1,500.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (B) Noncommercial: Minimum rental shall be one thousand two hundred ($000:00 $1,200.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary Mee4iw Rental Spaces in the Julie Rogers Theatre: (i) Commercial/noncommercial: a. Hourly (minimum two-hour rental) per space: $100.00 per hour. (3) Jefferson Theatre. (A) Commercial: Minimum rental shall be one thousand two hundred ($008:00 $1,200.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (B) Noncommercial: Minimum rental shall be eight hundred one thousand ($800:00 $1,000.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary Meefiaix Rental Spaces in the Jefferson Theatre: (i) Commercial/noncommercial: a. Hourly (minimum two-hour rental) per space: $100.00 per hour. (4) Event Gentef Centre. (A) Commercial: Minimum rental shall be one thousand fwe eight hundred ($1,500.00 $1,800.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall be approved by the city manager or his designee. (B) Noncommercial (minimum rental): In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Minimum rate may be negotiated if an organization leases the facility ten (10) or more dates within a calendar year. Any deviation from minimum rental shall first be approved by the city manager or his designee. (i) Matinee (8:00 a.m. - 3:00 p.m.): $500.00 (ii) Evening (6:00 p.m. - 12:00 a.m.): $900.00 (iii) All day (8:00 a.m. - 12:00 a.m.): $1,200.00 $1,500.00 (C) Meeting: (i) Hourly (minimum two-hour rental between 8:00 a.m. and 5:00 p.m., Sunday through Wednesday): $100.00 per hour. (5) Great Lawn. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (A) Commercial: All day (8:00 a.m. - 12:00 a.m.): $1,000.00 (B) Noncommercial: All day (8:00 a.m. - 12:00 a.m.): $500.00 (6) Lakeside Center. (A) Minimum rental shall be one hundred ($100.00) dollars per hour (8:00 a.m. - 12:00 a.m.) for any rental space located within the Lakeside Center. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. 4 (B) Non-residents can utilize the Best Years Center located inside the Lakeside Center for four dollars ($4.00) per day if the facility is not at capacity as determined by the department director or his/her designee. (7) After Hours. When any of the f ei1of the event facilities are used between the hours of 12:00 a.m. through -7--A9 8:00 a.m., said use shall be at the following hourly rate. All facilities, per hour: $300.00 Civie rtor, per he 'ALWATA WifffiTAIMMM $SAA -89 (7) After Hours. When any of the f ei1of the event facilities are used between the hours of 12:00 a.m. through -7--A9 8:00 a.m., said use shall be at the following hourly rate. All facilities, per hour: $300.00 Civie rtor, per he $SAA -89 > (} Jccrr®R6gerS-iheatf@, per- $300.00 Julie Rogers Tl.o. tfe Meeting C'.,aees ,- 1,eu per-space:0 $30000 > > per- spaeo: $300.00 Event Conte, per- hour-: $300.00 Event GeRter- Meeting Spaces, per- how, per spaeo- MOM 5 [MOVE COMMUNITY CENTERS AND SHOWMOBILE TO PARKS SEC 14.04] $00.00 Noncommercial daily r-atef 00.00 if rented for- 10 or- fner-O days, dai45, rate X50.00 (8) Catering Access. Event Centre $250.00 Civic Center $500.00 Julie Rogers Theatre $250.00 Jefferson Theatre $250.00 (1958 Code, sec. 913-2; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 79-85, sec. 1, adopted 10/9/79; Ordinance 83-121, sec. 1 (exhibit A), adopted 9/27/83; Ordinance 95-60, sec. 1, adopted 9/19/95; Ordinance 99-99, sec. 2, adopted 12/26/9171,- Ordinance 2/26/99;Ordinance 03-102, sec. 1, adopted 12/9/03; 1978 Code, sec. 20-21; Ordinance 07-055, sec. 7, adopted 5/8/07; Ordinance 08-007, sec. 1, adopted 1/15/08; Ordinance 09-013, sec. 1, adopted 3/24/09; Ordinance 10-044, sec. 1, adopted 6/15/10; Ordinance 14- 059, sec. 2, adopted 11/12/14) Sec. 14.05.003 Additional fees (a) Facility rentals, used for the setup for an event or for moving out after an event, on any date other than the event day, where the facility is not available for other rentals, will be fifty (50) percent of the contracted rental rate unless otherwise determined by the city manager or his designee. (b) Additional fees may be charged for auxiliary labor, food service, security, license fees, breadeastfees, booth equipment, electrical outlets, set-up and tear down, staging, draping, tables, chairs, and service and any other special equipment necessary for the presentation of an event. :.•.•ange.. e o all special needs ... st be maAR, yif , thhe eity manager 1,' a (1958 Code, sec. 9B-4; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; Ordinance 99-99, sec. 3, adopted 12/26/99; 1978 Code, sec. 20-22; Ordinance 14-059; sec. 3, adopted 11/12/14) Q Sec. 14.05.004 Reserved Editor's note -Former section 14.05.004 "Additional charge if broadcast involved" was repealed and deleted by Ordinance 14-059, sec. 4, adopted 11/12/14. Prior to its deletion, this section derived from the following: 1958 Code, sec. M-14; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 78-44, sec. 3, adopted 11/11/78; Ordinance 83=121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-23. 9- Sec. 14.05.005 Times of payment of rental and charges Fifty (50) percent of the total rental rate is payable at the time of execution of the contract of any city event facility. The balance of all rentals and fees must be paid seven (7) days prior to the final use of any of the facilities unless authorized by the director of event facilities. If more than one rental request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the lessee unless notice is received in writing 90 days prior to the event date or if authorized by the director of event facilities. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of 7 the city and shall not be refunded. Any deviation shall first be approved by the city manager or his designee (1958 Code, sec. 9B-9; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-24; Ordinance 14-059, sec. 5, adopted 11/12/14) O Sec. 14.05.006 Food and beverage concessionaire approval Any feed concessions and alcohol beverage served at the Civic Center, Julie Rogers Theatre, and Jefferson Theatre shall be served only by a concessionaire with whom the city has a feed concessions and alcohol beverage contract unless authorized by the director of event facilities. (1958 Code, sec. 9B-6; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-25; Ordinance 14-059, sec. 6, adopted 11/12/14) Q Sec. 14.05.007 Reserved Editor's note—Former section 14.05.007 "Use for convention" was repealed and deleted by Ordinance 14-059, sec. 7, adopted 11/12/14. Prior to its deletion, this section derived from the following: 1958 Code, sec. 9B-7; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; Ordinance 99-99, sec. 4, adopted 12/26/99; 1978 Code, sec. 20-26. a Q Sec. 14.05.008 Bond of commercial user The city may require a bond of any person as a prerequisite to the rental of any city event facility for commercial use if said person has failed to perform in accordance with its contract with any facility in the United States within the last forty-eight (48) months, or has never entered into and performed successfully under a contract with any facility in the United States within the last twelve (12) months. Said bond shall be in a penal amount as determined by the city manager or his designee, and shall guarantee that the principal shall well and faithfully perform every term and condition of his contract and shall comply with all the laws of the state and ordinances and regulations of the city. Said bond shall be written by an insurance company licensed to do business in the state and shall be subject to the approval of the city. (1958 Code, sec. 9B-8; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-27; Ordinance 14-059, sec. 8, adopted 11/12/14) Sec. 14.05.009 Box office rates and Ticket Sales Box office rates shall be as follows: (1) Ticketing charge of $150.00; (2) Applicable fees associated with credit card usage. Ticket Sales: (1) Individual ticket sales for commercial events held at the Downtown Event Centre or Lakeside Center are prohibited unless authorized by the City Manager or his designee. (1958 Code, sec. 9B-10; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; Ordinance 99-99, sec. 5, adopted 12/26/99; 1978 Code, sec. 20-28; Ordinance 07-055, sec. 8, adopted 5/8/07; Ordinance 14-059, sec. 9, adopted 11/12/14) Sec. 14.05.010 Prohibited uses Any persons or activities use of the eity evefA f edit es which is contrary to the public health, safety, welfare, or morals, or not in the best interest of the city as determined by the city manager or his designee, shall be prohibited, and any contract previously executed may be revoked for such cause and any unearned deposits may be refunded. Any performer or any other person whose conduct is disorderly or disruptive to facility use or rental shall be refused a contract or entrance or shall be ejected from the premises as necessary. (1958 Code, sec. 9B-11; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-29; Ordinance 14-059, sec. 10, adopted 11/12/14) Q Sec. 14.05.011 Advertising, No person shall advertise a performance or attraction to be held in any city event facility until the contract for said facility has been properly executed between all parties. Failure to comply with this section will result in forfeiture of all monies paid the city, and may result in refusal by the city to contract any facilities to said person in the future. (1958 Code, sec. 9B-12; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code; sec. 20-30; Ordinance 07-055, sec. 9, adopted 5/8/07; Ordinance 14-059, sec. 11, adopted 11/12/14) 9- Sec. 14.05.012 Reserved Editor's note—Former section 14.05.012 "Denial of rental request" was repealed and deleted by Ordinance 14-059, sec. 12, adopted 11/12/14. Prior to its deletion, this section derived from the following: 1958 Code, sec. 9B-12; V] Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-31; Ordinance 07-055, sec. 10, adopted 5/8/07. 9- Sec. 14.05.013 Promulgation of rules, regulations and documents; execution of documents The city manager is hereby authorized to promulgate rules, regulations and rental documents concerning the use and operation of the city event facilities. The city manager or his designee is hereby authorized to execute all documents necessary for the rental or contract of the city event facilities. (1958 Code, sec. 9B-15; Ordinance 76-74, sec. 1, adopted 6/22/76; Ordinance 83-121, sec. 1, adopted 9/27/83; 1978 Code, sec. 20-32; Ordinance 14-059, sec. 13, adopted 11/12/14) 10 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 14.05, SECTIONS 14.05.001, 14.05.002, 14.005.003, 14.05.005, 14.05.006, 14.05.009, AND, 14.05.010, OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS RELATING TO FACILITY RENTAL RATES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 14, Article 14.05, Section 14.05.001 of the Code of Ordinances be and the same is hereby amended to read as follows: ARTICLE 14.05 EVENT FACILITIES Sec. 14.05.001 Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: All day. Use of a facility from 8:00 a.m. until 12:00 a.m. Commercial event. Any event hosted by a for-profit organization or business. Event facilities. Beaumont Civic Center, Julie Rogers Theatre, Jefferson Theatre, Downtown Event Centre, Great Lawn, and grounds contiguous to those facilities, and the Lakeside Center. Gross receipts. All monies received from the sale of tickets. Noncommercial event. An event contracted by any of the following organizations or individuals: (1) Nonprofit civic organizations; (2) Nonprofit fraternal organizations; (3) Nonprofit educational institutions; (4) Nonprofit religious organizations; (5) Charitable organizations; (6) Individuals sponsoring weddings, birthdays, and all other private events as determined by the director of event facilities. Move-in/out. Facility rentals, used for the setup for an event or for moving out after an event, on any date other than the event day, where the facility is not available for other rentals. Rental Period. Facility access times. All set up, event activities and tear down must take place within the rental period. After Hours. When any of the event facilities are used between the hours of 12:00 a.m. through 8:00 a.m. Section 2. THAT Chapter 14, Article 14.05, Section 14.05.002 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 14.05.002 Use rate schedule The following rates will apply to the use of city event facilities: (1) Civic Center. (A) Commercial: Minimum rental shall be two thousand ($2,000.00) dollars per day (8:00 a.m. - -12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (B) Noncommercial: Minimum rental shall be one thousand five hundred ($1,500.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary Rental Spaces in the Civic Center: (i) Commercial/noncommercial: a. Hourly (minimum two-hour rental), per space: $100.00 per hour. (2) Julie Rogers Theatre. (A) Commercial: Minimum rental shall be one thousand five hundred ($1,500.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (B) Noncommercial: Minimum rental shall be one thousand two hundred ($1,200.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary Rental Spaces in the Julie Rogers Theatre: (i) Commercial/noncommercial: a. Hourly (minimum two-hour rental) per space: $100.00 per hour. (3) Jefferson Theatre. (A) Commercial: Minimum rental shall be one thousand two hundred ($1,200.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (B) Noncommercial: Minimum rental shall be one thousand ($1,000.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the city manager or his designee. (C) Auxiliary Rental Spaces in the Jefferson Theatre: (i) Commercial/noncommercial: a. Hourly (minimum two-hour rental) per space: $100.00 per hour. (4) Event Centre. (A) Commercial: Minimum rental shall be one thousand eight hundred ($1,800.00) dollars per day (8:00 a.m. - 12:00 a.m.). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall be approved by the city manager or his designee. (B) _Noncommercial (minimum rental): In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Minimum rate may be negotiated if an organization leases the facility ten (10) or more dates within a calendar year. Any deviation from minimum rental shall first be approved by the city manager or his designee. (i) Matinee (8:00 a.m. - 3:00 p.m.): $500.00 (ii) Evening (6:00 p.m. - 12:00 a.m.): $900.00 (iii) All day (8:00 a.m. - 12:00 a.m.): $1,500.00 (C) Meeting: (i) Hourly (minimum two-hour rental between 8:00 a.m. and 5:00 p.m., Sunday through Wednesday): $100.00 per hour. (5) Great Lawn. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (A) Commercial: All day (8:00 a.m. - 12:00 a.m.): $1,000.00 (B) Noncommercial: All day (8:00 a.m. - 12:00 a.m.): $500.00 (6) Lakeside Center. (A) Minimum rental shall be one hundred ($100.00) dollars per hour (8:00 a.m. - 12:00 a.m.) for any rental space located within the Lakeside Center. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the city manager or his designee. (B) Non-residents can utilize the Best Years Center located inside the Lakeside Center for four dollars ($4.00) per day if the facility is not at capacity as determined by the department director or his/her designee. (7) After Hours. When any of the event facilities are used between the hours of 12:00 a.m. through 8:00 a.m., said use shall be at the following hourly rate. All facilities, per hour: $300.00 (8) Catering Access. Event Centre $250.00 Civic Center $500.00 Julie Rogers Theatre $250.00 Jefferson Theatre $250.00 Section 3. THAT Chapter 14, Article 14.05, Section 14.05.003 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 14.05.003 Additional fees (a) Facility rentals, used for the setup for an event or for moving out after an event, on any date other than the event day, where the facility is not available for other rentals, will be fifty (50) percent of the contracted rental rate unless otherwise determined by the city manager or his designee. (b) Additional fees may be charged for auxiliary labor, food service, security, license fees, booth equipment, electrical outlets, set-up and tear down, staging, draping, tables, chairs, and service and any other special equipment necessary for the presentation of an event. Section 4. THAT Chapter 14, Article 14.05, Section 14.05.005 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 14.05.005 Times of payment of rental and charges Fifty (50) percent of the total rental rate is payable at the time of execution of the contract of any city event facility. The balance of all rentals and fees must be paid seven (7) days prior to the final use of any of the facilities unless authorized by the director of event facilities. If more than one rental request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the lessee unless notice is received in writing 90 days prior to the event date or if authorized by the director of event facilities. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of the city and shall not be refunded. Any deviation shall first be approved by the city manager.or his designee. Section 5. THAT Chapter 14, Article 14.05, Section 14.05.006 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 14.05.006 Food and beverage concessionaire approval Any concessions and alcohol served at the Civic Center, Julie Rogers Theatre, and Jefferson Theatre shall be served only by a concessionaire with whom the city has a concessions and alcohol contract unless authorized by the director of event facilities. Section 6. THAT Chapter 14, Article 14.05, Section 14.05.009 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 14.05.009 Box office rates and Ticket Sales Box office rates shall be as follows: (1) Ticketing charge of $150.00; (2) Applicable fees associated with credit card usage. Ticket Sales: (1) Individual ticket sales for commercial events held at the Downtown Event Centre or Lakeside Center are prohibited unless authorized by the City Manager or his designee. Section 7. THAT Chapter 14, Article 14.05, Section 14.05.010 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 14.05.010 Prohibited uses Any persons or activities which is contrary to the public health, safety, welfare, or morals, or not in the best interest of the city as determined by the city manager or his designee, shall be prohibited, and any contract previously executed may be revoked for such cause and any unearned deposits may be refunded. Any performer or any other person whose conduct is disorderly or disruptive to facility use or rental shall be refused a contract or entrance or shall be ejected from the premises as necessary. Section 8. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 26th day of March, 2019. - Mayor Becky Ames - No Text HAL March 26, 2019 Consider a resolution approving a three-year contract with WorkQuest for litter removal along City rights -of -ways and other specified areas throughout the City BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a'resolution approving a three-year contract with WorkQuest for litter removal along City rights -of -ways and other specified areas throughout the City. BACKGROUND WorkQuest (formerly Texas Industries for the Blind and Handicapped {TIBH}) utilizes private not-for-profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont, will be providing the services to the City on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services to the City for the past twenty-two (22) years. This agreement renewal allows for the removal of trash along City rights - of -ways and other areas as determined necessary by the Code Enforcement Division. The agreement requires a four -man crew with one supervisor to work eight hours per day, five days per week, weather permitting. Under the current agreement, the cost to the City is $15.00 per hour per person with a total annual estimated cost of $141,862.50 for FY 18. The new proposed cost of $17.20 per hour i provides for a 14.7 % increase with an estimated annual cost of $162,574.43. There is no increase in price allowed for the term of the contract. Price per hour covers all material, labor, and equipment for BPS to provide this service to the City. The agreement is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a three (3) year agreement with WorkQuest for the purpose of litter removal services along City 'rights-of-way and other specified areas in the estimated annual amount of $162,574.43; and, THAT Beaumont Products and Services (BPS), of Beaumont, Texas, will be providing the services to the City on behalf of WorkQuest; and, THAT the City Manager be and he is hereby authorized to execute an agreement with WorkQuest for the purposes described herein. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March, 2019. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT FOR FURNISHING LITTER REMOVAL SERVICE FOR CITY RIGHTS -OF WAY AND :SPECIFIED AREAS Reference: TF031947 THIS AGREEMENT is made and entered into by and between the CITY of BEAUMONT, TEXAS (City), a municipal corporation, hereinafter referred to as "City"; and WorkQuest, a State of Texas. agency',And Beaumont Products & Services; Inc., hereinafter referred to as "Provider Therefore, City, WorkQuest, and Provider agree as follows: WITNESSETH 1.0 It is the, intent of they City to contract with a private not=for-profit'state-certified workshop as provided by the State of Texas for furnishing litter removal services on City.rights-of--way and other areas as may be determined. 2.0 This.Ageeeriient shall be in effect for a period ofthree (3) years beginning.April 1,2019 and ending March 31, 2022. The pricing shall remain the saine for all three {3) years. 3.0 The Provider shall furnish all labor,. supervision ,materials, equipment, supplies; and 'transportation required to provide for the pickup and proper disposal of litter or debris discarded onto City rights -of —way and other areas as may be determined by the City. The rights-of-way include but are not limited to those listed on attachment "B" attached hereto. 4:0 "Litter" or "debris shall be defined as trash,; garbage, fiagmei ts, remams,;rums, rubble; or loose matgfials .of any nature which have been discarded oi• which.mAy detract.fi-om the appearance -and safety -of the: area. "Litfer`hall also include advertisements, placed on or against any pole, p"ost; tree, fireplug, trash receptacle,_ or other. property located on a street right-of-way. -1- EXHIBIT "A" 5.0 All litter accumulated by the Provider shall be collected and disposed of by Provider. All supplies and equipment needed shall be furnished by the Provider. All vehicles used in transporting litter must be equipped to prevent litter from being deposited on the street right-of-way during transport to disposal sites. 6.0 The Provider shall not be required to remove dead animals, tires, or objects weighing more than sixty (60) pounds. However, the :Provider shall notify the designated City representative of the location pf these items immediately upon their discovery. 7.0 The Provider shall furnish a crew consisting of one (1) supervisor and four (4) crew members, for approximately eight (8) hours. per day. At the sole discretion of the City, it may require additional crew members to be provided. If the Provider, is unable to furnish the required number of crew members, the City shall be' notified in advanceand the. City may cancel the days scheduled to be worked by the reduced crew. No payment shall be made for days canceled by the. City. Provider shall also furniskall transportation required. 8.0 Litter removal shall be performed five (5) days, per week, .Monday through Friday, except rain days and City Holidays. Rain days can be voluntarily called by the crew performing litter removal or at the discretion of the City representative. Additional days may provided with written approval of the designated City representative. Normal working hours shall be 7:30 a.m. to 4:00 p.m. The City shall have full right of inspection of any facilities, areas, or equipment. Such inspections may be related to, but not limited to, verification of work conditions; safety, damages, or operational interests: 8.1 Work days that are voluntarily called as a.result of inclement weather shall not incur a minimum charge for the day. Payments will not be made for hours not worked due to inclement weather. 9.0 On a weekly basis, the Provider shall meet with the designated official to define program objectives and schedule litter removal services. The Provider shall follow the litter removal schedule as defined by the designated City representative. The Provider shall contact the designated City representative on a daily basis to report work status. Once work has been assigned, the Provider shall proceed in an expeditious manner until all work is satisfactorily completed. 10. Each employee. shall wear brightly colored safety vests while on City rights-of-way. It shall be the responsibility of the Provider to ensure the safety of its employees and citizens while in the performance of this Agreement. 11.0 Services shall be provided according to schedule requirements specified in the Scope of Work (SOW), excluding official City holidays whigh include: Labor Day Thanksgiving Day -2- Day after Thanksgiving Christmas Day New Year's Day Martin Luther -King, Jr. Birthday Good Friday Memorial Day Independence Day Veterans Day 12.0 The City shall have the right, but not the duty, to inspect, audit, copy and examine all. books and records of the Provider pertaining to its pe1%rmance of services and obligations to the City under this Agreement. 11.0 The Provider may not assign any portion of 'this Agreement to another party or parties without -written approval of the City Manager or his designee of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in thebest interest of the City. 12.0 This Agreements including all Attachments and Exhibits; and the City's Purchase Order, shall constitute the, entire understanding of the parties here to with respect to the subject matter hereof, and no Amendment, modifications, or alteration of the terms shall be binding unless the same be in writing, dated subsequent to the date hereof, .and dilly executed by the parties hereto. 1:3.0 LIABILITY THE PROVIDER AGREES TO INDEMNIFY AND HOLD HAR I ESS THE CITY OF BEAUMONT AND ITS OFFICERS; AGENTS; AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND DAMAGES OF EVERY HIND, FOR INJURY TO OR DEATH OF ANY PERSON AND DAMAGES TO PROPERTY ARISING -OUT OF OR IN CONNECTION WITH THEWORK DONE- BY THE CONTRACTOR UNDER.THIS CONTRACT; AND INCLUDING ACTS. OR OMISSIONS OF THE CITY OF BE'AUIVIONT OR ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CON'T'RACT. -3- Provider waives all rights of recovery; and its insurers also waive all right of subrogation of damages against the City and its agents,; officers, directors and employees'for damages covered by the workers' compensation and employers liability or commercial umbrella or ezcess liability or business automobile coverage obtained by Provider required in this Agreement, where permitted by Iaw. This waiver must be stated on the City's approved Certificate of Insurance. The fact that insurance is obtained by Provider on behalf of City will not be deemed to release or diminish the liability of Provider, including, without limitation,, liability under the indemnity provisions of this Agreement. Damages recoverable by City from Provider or any third party will not be limited. by the amount of the required insurance coverage. 14.0 INSURANCE REQUIREMENTS 14.1 The Provider shall at all times during the. Agreement maintain in full force and effect insurance naming the City of Beaumont as additionalinsured on the policies for Commercial General Liability and Automobile Coverage as provided in Attachment An original certificate of insurance shall be furnished to the City by the insurance company providing the coverage or tis agent prior to the commencement of work by the Provider and shall provide that the City shall receive thirty (30) days' prior written notice before any change or cancellation of any policy. 14.2 All of the insurance costs shall be bonne by the Provider. Should any insurance required by the Agreement lapse, the Provider shall immediately cease all operations as of the time and date of such lapse and shall not resurne_any operations until authorized in writing by the City. If the lapse period extends fifteen (15) days, "the City may terminate the Agreement and the Contractor shall be in breach of this Agreement. Should the City of Beaumont receive notices of insurance cancellation three (3) or more -times within a twelve (12) month period, the City may cancel this Agreement: 15.0 CONTRACT TERMINATION 15.1 Either the. City or the Provider may, upon sixty,(60) days' written .notice, terminate the .contract for reasons of convenience. Said termination on behalf of tlxe City shall be by the City Manager or his designee. -4- 15.2 The City, besides all other nights or remedies it may have, shall have the right to terminate this Agreement upon five (5) days' written notice of the Provider fails to perform the Scope of Work as herein provided. The decision to terminate shall be at the. sole discretion of the City Manageror his designee. .15.3 In addition, the City shall have the right to terminate this Agreement if the Provider breaches this Agreement by other means, including the following: 15.3.1 By failing.to pay insurance premiums, liens, claims or other charges. 15.3:2 By failing to pay any payments. due the City, State or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this Agreement or any taxes, fees, assessments, or liens. 15.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution, of the, firm or business. 15.3.4 By violation of any provision or non-performance of the Agreement. 15.4 Upon termination or expiration of this contract, the Provider shall be permitted five (5) working days to remove Provider -owned material and equipment from the City's premises. Materials and equipment not removed within the specked time shall become the property of the City. 16.0 The relationship of the Provider to.the City, shall be that of an independent `Provider, and no principal -agent or employer-employee relationship is created by this Agreement. By entering into this Agreement, the Provider acknowledges that it will, in the performance of its duties under this Agreement, be acting as an independent Contractor and that not officer, agent, or employee of the Provider is entitled to any of the benefits and privileges of a City employee or officer under any provision of the "statues of the .State of Texas or the Charter and Ordinances of the City of Beaumont. -5- 17.0 The City agrees to pay the Provider upon receipt of monthly invoices for services performed satisfactorily and reports as required herein, Such payment shall be. made within thirty (30) days of receipt of invoice, The City shall have the right to refuse payment for work not satisfactorily completed. 17.1 On a weekly basis, the Provider shall provide thefollowing reports: 17.1.1 An accurate record of streets worked and the amount of litter removed. The unit of measure shall be the number of bags and the number of cubic yards collected. 17.1.2 .An accurate listing detailing the number of crew members. Days worked, and number of hours each worked, each day. 18.0 The City shall pay the Provider at a rate of $17.20 per hour per person. Payment will be made for crew member hours actually worked. No minimum payments for inclement weather days will be allowed. This payment shall be full compensation for all work performed, equipment, materials, transportation, and incidentals necessary to complete the work as well as disposal of the litter. r 19.0 Deductions from payments by the City to the Provider may include items specified herein, including taxes, costs for damages by the Provider, or other amounts which may be owed by the Provider to the City. Such deductions shall not be cause for the Provider to cease or partially cease operations or activities required by this Agreement. 20.0 The relationship of the Provider to the City shall be that of an independent provider, and no principal —agent or employer-employee relationship is. created by this Agreement. By entering into this Agreement, the Provider acknowledges that it will, in the performance of its duties, under this Agreement be acting as an independent provider and that no officer, agent; or employee of the Provider will be for any, purpose an employee of the City of Beaumont and that no officer, agent or employee of the Provider is entitled to any of the benefits and privileges of a City employee or officer under any provisions of the statutes of the. State of Texas or the Charter and ordinances of the City of Beaumont. 21.0 NO PERSON has the authority to verbally alter these terms and conditions. Any changes must be approved in writing by both parties. -G- 21.0 NOTICES Any notice which City or Contractor may require or desire to.give to the other shall be in writing and shall be sent by registered or certified mail to the following respective addresses: CITY: City Manager City of Beaumont P. O.. Box 3 827 Beaumont, TX 77704 STAT)✓ AGENCY: Melinda May, Market Representative WorkQuest 119 North Street, Suite H Nacogdoches, TX 85961 PROVIDER: Steve Havard, President Beaumont Products & Services, Inc. 1305 Washington Blvd. Beaumont, TX 77705 All notices shall be. deemed given on the date so delivered. Either'party hereto may change. the above address by sending written notice of such change to the other in the manner so. provided herein. 22.0 For any information concerning this contact please contact: Terry Welch, Senior Buyer Finance Department / Purchasing Division City of Beaumont Physical Address: 801 Main St., Suite 315, Beaumont, TX 77701 Mailing Address: P.O. Box 3827, Beaumont, TX 77704-3827 Phone # (40.9) 880-3107 + Fax # (409) 880-3747 E-mail: terry.welch@beaumonttexas.goy -7- 4.0 FULFILLMENT AND PAYMENT 4.I The City agrees to pay WorkQuest upon receipt of monthly invoices for services performed satisfactorily. Such payment by City to Vendor shall be made in -accordance with the requirements of Texas Government Code §2251.021. The City shall have the right to refuse payment for worknot satisfactorily completed. 4.2 The Contractor shall submit an accurate invoice within five (5) working days froiin the date of delivery. 4.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. C (Department/Division) City of Beaumont P. O. Box 3`827 Beaumont, TX 77704 4.4 All other invoices shall be mailed to: ATTN: Accounting Division City of Beaumont P. O. Box 3827 Beaumont, TX 77704 -OR- All other invoices may be submitted via email to: invoices@beaumonttexas.izov 4.5 Faxed invoices will. not be accepted. 5.0 FUNDING Funds for payment are provided by the City of Beaumont budget approved by City Council for each fiscal year only. The State of Texas statues prohibit the obligation and expenditure. of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of each current City -of Beaumont fiscal year will be subject to budget approval. _8_ e IN WITNF,SS WHEREOF, City and Contractor have ehecuted or ciiused to be executed by their duly authorized officers or agents this Agreement as of the day and year written below. CITY OF BEAUMONT: By: (Signature) Kyle Ftaym, City Manager Pritntod Nadie: Kyle Haves Date Signed: WOIUCQUEST; By: (Signature) Melinda May, Market dPfesentafiive Printed Name:` Date Signed: /1 BEAUMONT PRODUCTS ND SEdIN CES: Bv: (Signatiue) Steve 1 -lav r< xec i Director Printed Name: !�t d SaS C 1r'1A mA 1 r> Date Signed: a�'zv zot g -9- ATTACHMENT "A" (Revised 2/22/2016) INSURANCE SECTION A. Prior to the approval of this contract by the City; CONTRACTOR shall furnish a'completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named, underwriter(s) "to the coverages, limits (on a form approved and provided by the City), and termination provisions shown thereon, and shall furnish and contain "all required information referenced or indicated thereon. CITY SHALL HAVE NO ,DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCI�ASIN, G DIVISION, and no officer or employee .ofthe City shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED STCTION B. CITY reserves the. right to "review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and "acceptableao CITY,, in the following type('§) and amount(s):. TYPE AMOUNT Workers' Compensation and Statutory Employer's Liability NOTE: For building or construction projects, and services_ provided at City -owned facilities, the successful Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission Rule 28 TAC §110.110 which follows this insurance attacliment. 2. Commercial General (public) Liability including coverage for the following: a. Premises operations b, independent -contractors C. Products/completed operations d. Personal injury C. Advertising injury. f. Contractual liability g. Medical payments h. Professional liability* J s Underground hazard* j. Explosion and collapse hazard* k. Liquor liability* 1: Fire legal liability* in. C.ity's'property in Contractor's* care, custody, or control n. Asbestos specific liability* Not required for this contract Comprehensive Automobile:Liability insurance, including coverage -for loading_ and unloadi'ng,hazards, for: Combined single limit for bodily injury and and property damage of $500,000 per occurrence or its equivalent with an aggregate limit of $1,000,000. Combined single limit for bodily injury and property damage of$500,000_per occurrence or equivalent. -10- a. Owned/leased vehicles b. Non -owned vehicles G. Hired vehicles 4. Errors and Omissions insurance policy (when applicable) Provide a prudent amount of coverage for the willful or negligent acts or omissions of any officers, employees or agents thereof. ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled, upon request, and without expense; to receive copies -of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Iaw- or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions. a. Name, the City of Beaumont and its officers, employees, and elected representatives as additional insured(s),. (as the interest of each insured may appear) to all applicable coverage. b. Provide for 30 days', notice to City for cancellation, non -renewal, or material change. C. Provide for notice to City at the address shown below by registered mail. d. CONTRACTOR agrees to waive subrogation against the City of Beaumont, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the, proceeds of insurance. e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. For coverages that are, only available with claims made policies, the required period of coverage will be determined by the.following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days. prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address: Purchasing Division City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 SECTION D. Approval, disapproval, or failure to act by CITY regarding, any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability. -11- WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services Provided at City -Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110 As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the.following definitions and comply with the following provisions: . Workers' Compensation Insurance Coverage A. Definitions:' Certificate: of coverage ("certificate") -A copy of a certificate of insurance,.'a'certificate of authority to self=insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83,, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services ori a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's%person's'work on the project has been completed and acceptedby the. City ofBeaumont. Persons providing services on the.prcject ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractorand regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide "services on the project. "Services" include, without limitation, providing, hauling; or delivering equipment or materials, or providing labor, transportation, or other service related to a project: "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and:.payroll amounts and ding of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to, the end of the coverage period, file a new certificate of coverage with the. City of Beaumont showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Beaumont: A certificate of coverage; prior to that person beginning work on the project, so the City of Beaumont will have on file certificates of coverage showing coverage for all persons providing.seivices on the project; and 2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage; if the coverage period shown on the current certificate of coverage ends during the duration of the project. F'. The Contractor shall retaiir all required certificates of coverage for the duration of the project and for. one (1) year thereafter. G, The Contractor shall notify the City of Beaumont in writing by certified rnail'or personal delivery, within ten (10) days .after the Contractor knew or should have known, of any change that malprially affects the provision of coverage of any person providingservices on the project. H: The Contractor shall post on each -project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission; informing all persons providing services on ,the project that they are required to be covered, and stating how a .person may verify coverage and report lack of coverage. -12- The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: I , Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401. 011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage -showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the prof ec't. 3. Provide the _Contractor, prior to the and of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the. Contractor: a. A certificate of coverage, prior to, the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the, project,and for one (1) year thereafter; 6. Notify the City of Beaumont in writing by certified mail or personal delivery; within ten (10) days after- the person knew or should have known, of any change that materially affects the provision of coverage. ofany person providing services on the project; and 7. Contractually require each person with whom it contracts, to'perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are. providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage; the, Contractor is:representing to the City of Beaumont that all employees of the Contractor who will provide, services on the project. will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative.penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaurnont-to declare the contract.vo d if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the City of Beadniont. As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as: 1. Erecting or preparing to'erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; 2. Remodeling, extending, repairing, or demolishing a structure; or 3. Otherwise improving real property or an appurtenance to real property through similar activities. The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. -13- CITY OF BEAUMONT INSURANCE REQUIItEMENT AFFIDAVIT To be Completed By Appropriate Insurance Agent and submitted with bid proposal. I, the undersigned Agent/Broker, certify that the insurance_ requ have been ,reviewed by me with 'the below identified Coritractc awarded this contract by the City of Beaumont, I will be able to, of such award, furnish a valid insurance certificate to the City m this bid. contained ;in ten n. Agent (Signature) Ag Tint) Name of � f: v Address of Agent/Broker: tj City/State/Zip: iz,7 Agent/Broker Telephone.#: C.ONTRACTOWS NA) 1. (Print or'Type) NOTE TO A.GENTIBROIER VEhis bid document tified Contractor is after being notified irements defined in If tl 's time requii-ernent is not met, the City has the right to invalidate the bid award and award the /cCon h•act to-the.next lowest bidder meeting specifications. Should an awarded bid be invalidated thetractor may be liable for breach of contract. If you have any questions concerning these requirements, please contact the Purchasing Manager fol• the City of Beaumont at (4:09) 880-3720- -14. CERTIFICATE OF INSURANCE Form No. c0B1 Edition Date: 12/1212012 .1150. Page 1 of 3 This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below.and are in force at this time. 'Notwithstanding any "requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the, minimum insurance and endorsements specified. Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: City of Beaumont Reference: Phone: Name and Address of Insured: Phone: Prime or Sub -Contractor? Project Name: _ Project Location: Managing Dept.:. Project Mgr.: Insurers Affording Coverages: insurer A: Name of Prime Contractor, if different from Insured: Insurer B: Insurer C: nsurer D: INSR . TYPE OF INSURANCE POLICY POLICY EFF. POLICYEXP.. LIMITS OF LIABILITY LTR NO. DATE DATE" (MM/DD/YYYY) (MM/DD/YYYY) Commercial General Each Occurrence $ Liability Policy As defined in the Policy, does the Policy General Aggregate $ provide: Completed $ ❑ Yes ❑ No — Completed Operations/Products Operations! Products Aggregate ❑ Yes ❑ No — Contractual Liability Personal & Advertising Injury $ • Yes ❑ No -- Explosion Deductible or Self $ Insured Retention =15- CERTIFICATE OF INSURANCE Form No. COB1 A. ffi6 c Edition Date: 12/92%2092 Pane 2 of 3 NSRP 'LTR LICYNO. POLICY.EFF.- POLICY EXP. TYPE OF INSURANCE DATE DATE , . LIMITS OF LIABILITY (MM/DDlYYYY) (MM%DD%YYYY) ❑ Yes ❑ No — Collapse El Yes ❑ No. — Under round ❑ Yes O No — Contractors / Subcontractors Work ❑ Yes ❑ No — Aggregate Limits per Project Form CG 2503 ❑ Yes ❑ No — Additional Insured Form --CG 2010 ❑ Yes ❑.No — 30 Day Notice of Cancellation Form,- CG 0205 ❑ Yes ❑ No -- Waiver of Subrogation Form - CG 2404 Pollution / Environmental Occurrence $ Impairment Policy Aggregate $ Auto Liability Policy CSL $ As defined in the Policy, does the Policy provide: Bodily Injury Per Incident ❑ Yes ❑ No — Any Auto Bodily injury $ (Per Person) ❑ Yes ❑ No — All Owned Autos Property Damage $ (Per Accident) ❑ Yes ❑. No _ Non -Owned Autos ❑ Yes ❑ No — Hired Autos ❑ Yes ❑ No — Waiver-of.Subro ation - CA0444 ❑ Yes ❑ No — 30 Day Notice of Cancellation-.CA0244 ❑ Yes b . o — Additional Insured - CA2048 ❑ Yes ❑ No — MCS 90 Excess Liability ElUmbrella Form Occurrence $ ❑ Excess Liability Follow Form Aggregate $ Workers Compensation & ❑ Statutory Employers Liability As defined in the Policy„ Each Accident $ does the Policyprovide ❑ Yes 0 No — Waiver of Subrogation - WC420304 Disease - $ Polic Limit ❑ Yes ❑. No — 30 Day Notice of Cancellation - WC420601 Disease - $ Each Employee Is a Bullders Risk or $ InstallationInsurance Policy provided? ❑ Yes Q No ❑ Yes ❑.No — Is the City- shown as loss payee/mortgagee? Professlonal Llability As defined in the Policy, Each Claim $ does the Polie roVide: DY -es 'O No — 30 Day Notice of Cancellation Deductible or Self $ Retroactive. Date: Insured Retention -16- CERTIFICATE OF INSURANCE Form No. COW �= Edition Date: 12/12/2012 Page 3 of 3. AGENT CERTIFICATION: THIS: IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect. NatWe of Insurance Company: Name of Authorized Agent: Company Address: Agent's Address: City: State: Zip: City: State: Zip. Authorized Agent's Phone Number (including Area Code): .Original signature of Authorized Agent: X Date: CERTIFICATE HOLDER: City of Beaumont P. Q. Box 3827 Beaumont, Texas 77704-3827 17- DATE ISSUED; AUTHORIZED REPRESENTATIVE SIGNATURE Licensed Insurance Agent Printed Name: AGREEMENT OR FURNISHING LTITER REMOVAL SERVICE FOR CITY RIGHTS -OF WAY AND SPECIFIED AREAS Reference: TF0319-14 Texas Ethics Commission Certificate Number HB 1295 -- Section 2252.098 of the Government Code states "a contract that requires an action or vote by the governing body of the entity or agency; or the value of the contract is. at least one million dollars ($1,000,000), must provide a Disclosure of Interested Parties Form on the Texas Ethics Commission website". Within five (5) working days after the award of contract by Beaumont City Council, the awarded vendor must complete the information requested on the Texas Ethics Commission website and provide'the certificate number to the Purchasing Department. The Texas Ethics Commission website is: www.ethics.state.tx.us At the home page, click on Form 1295 Filing Application, and follow the instructions. Upon completion of the information on the website, provide the completed form and certificate number to the following Purchasing a -mall addresses: Patrick. bardwell(aDbeaumonttexas.gov terrV.welch(a),beau monttexas.gov I understand the requirement as stated above and will comply within five (5) working days after the award of contract by Beaumont City Council. Signature Printed Name Title Revised 4/29/16 /bd -]8- Company Name Date Signed CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 CompleteNos. 1- 4. and 6-If there are:interested. parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, acid 6 'if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-387568 Beaumont Products &"services, Inc. Beaumont, TX United States Date Filed: 08/02/2018 2' Name of governmental entity or state agency that Is a party to the.contract for which the form is Pei ng filed. Region 5 Southeast Texas Purchasing Coop Date. Acknowledged: g Provide the identification number used by the governmental entity or state agency%to track or identifythe contract, andprovide a description of the services, goods, or other property to be provided "under the contract. 20180708 Lawn Maintenance: mowing, trimming, edging, hedging, trash and litter pick up. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is vee u's 4j A-2') Se.- and:my date of birth is- ��'o•� •_ Q�1 My address is %219 v1n►c2b�m hAc�ls Dr4.. (rytyll�C}QAJ_; "1-1,(D$''( �,(b1�e (street) (city) (stale) (zip code) (country) (declare under penalty of perjury that the foregoing is true and correct. Executed in �LF�C"GS�Sbf1 County, State ofX�. on theV�dayof, 2D�. (month) (year) Si n ture of aut6azLyd agent of contracting business-entity (De6larant) Forms provided by Texas -Ethics Commission www.ethics.stateA.us Version V1.9.6711 AGREEMENT FOR FURNISHING I. ,rri tt REMOVAL SERVICE FOR CITY RIG11'1'S-ON WAY AND SPECINED ARIAS Rofe'reaco: TF0319-1'd .House Bill 89 (HB89) Verification 111101_ , tiie undersigned representative of 34 oil (Company a Business Nme) (Company or Business NMie) (hereafter referrod to as "Conlpapy"), being an .9d 1111t over The age of eighteen (18) years of age, verify that the company named-abovo, wider the proAsions'of Subtitie'F) Tltlo 10) Government Code Chapter 2270; 1. Does not boycott Israel currently; Hiid 2. W111 not boycott IsrabI during the terra of the conttvact tile. above-named Company, business or Individual with file City of Bchinnont, Texas. Pursitaiit to S'octi6n 2270.001, Texas Goverifincnl Code: 1. "Boycott Israel" means refusing to deal with, terminating business aotivltles with; or otherwise taking any action that Is intended to penalize, hyltot economic harm on, or limit commercial relations apecjf adlly with Israel, or )4th a person or Milt)) doing business in Amel or in an Israell-controlled ter•ritou, intt does not include an, action nicide for ordinevy business purposes; and 2. "Company"means afor• profit sole proprietorship, organization, assockilion, coipgrdtion, partnership, joint venhrre, 11inited.parutership, limited liabillly partnershlp,, or• any limited llabilily conipany, including a wholly- oiilned subsidiary, miUorit)r-olvned subsirlfar�, pen-ent conipny or c Plaid of those- entitis ar b to Is assodalions• that exist tv make a projlt. DATE NATURE OF CO . PANY RAEP�RCS1-.NTTA-fM 0-N THIS THE _ clay of 20 , personally appeared lune,' I iid' MOAA the above-hanicd person, who after by ale being duly s:=:om. ti id swear and conitrill l list the above is true and col•rect. p'"!;,''., )i_tli:Y Ct ilii DU<,SEIiH FiEitRY �2 � •'�;:-_r:.'i:1�`(ak�v �St�S�.�ia.e of Teras _ _^� c rn�r. E:tt;it?s 05-16-20 \O'1' ZY SIGI\'ATURE- %�r Nlots;y ID 13t56961 _. i,rr fG T�w',7 Grwe)-imi _!H Lo, e, (Xapfel- 2252, Sectiw) 223 -� IP ivid,5Ection 2252.153. cc'17i)5--ihen the co npzwj, i%ul;e71 ,f the C',:mlrtrnller o!'the Sate of Tutus vum-crrnrng the fisting crf etrmr+rrides char rrre frit rrit;ad 7117d '- p 1 ter Sc rriurr :1"52.153. 1•/iu th�r cern , than should rhe ahore-named cornpam� ruler itt;u a cra7rrr, rrrt tlt:�r_ is a.*; C.fcwnporlies on tine website no the Compwrller of the Stcal , q,'Texas ivhich do bvsirnzs wish froze:, Sudan or wr� fws, p- _ :. r,5, � :1�rf_:�rivn, T is til i,nrrediale�l' nnuti � the 60, oj$eatrnro.nt's Pill •c:hasin g Departwern. atgnanu•e of Company Represmraiice e1i n Name in Printed )'oral I [ THIS FORM MUST BE RETURNED WITH AGREEMENT. ATTACHMENT "B" List of Locations AGREEMENT FOR FURNISHING LITTER REMOVAL SERVICE FOR CITY RIGHTS -OF WAY AND SPECIFIED AREAS Reference: TF0319-17 -20- No Text END OF AGREEMENT AGREEMENT FOR FURNISHING LITTER REMOVAL SERVICE FOR CITY RIGHTS -OF WAY AND SPECIFIED AREAS Reference: TF0319-17 -22- 5 March 26, 2019 Consider a resolution approving a three-year contract with WorkQuest for litter removal at bus shelters.for the Beaumont Muiucipal Transit System BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial' Officer -41 MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider a resolution approving a three-year contract with WorkQuest for litter removal at bus shelters for the Beaumont Municipal Transit System. BACKGROUND WorkQuest (formerly Texas Industries for the Blind and Handicapped (TIBH)) utilizes private not-for-profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont, will be providing the services to the City on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services to the City for the past twenty-two (22) years. This new agreement will allow for the removal of trash once per week at sixty (60) bus shelter locations and twice per week service at seventeen (17) high volume I shelters. It will also provide for the sweeping of seventy-one (71) locations once per month of shelters with cement slabs. This agreement will include the grounds maintenance and litter removal at the Henry Dannenbaum Transfer Center 5 days per week. The total annual estimated cost is $78,112.92. This agreement allows for adding or removing locations as needed. The agreement is attached. FUNDING SOURCE Municipal Transit Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a three (3) year agreement with WorkQuest for the purpose of litter removal services at Beaumont Municipal Transit System bus shelters and basic grounds maintenance of the Henry Dannenbaum Transfer Center in the estimated annual amount of $78,112.92; and, THAT Beaumont Products and Services (BPS), of Beaumont, Texas, will be providing the services to the City on behalf of WorkQuest; and, THAT the City Manager be and he -is hereby authorized to execute an agreement with WorkQuest for the purposes described herein. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March, 2019. - Mayor Becky Ames - STATE OF TEXAS § COUNTY :OF -JEFFERSON § AGREEMENT FOR -FURNISHING LITTER R1+,MOVAL AT BUS SHELTER LOCATIONS AND GROUlYDS MAINTENANCE OF THE HEN1tY IDANNE1VBAi7M TRANSFER CENTER FOR.;THE BEAUMONT MUNICIF'AI TRANSIT SYSTEM _Reference; TF0319-14 THLRAGREEMENT is made and entered. into by and between the CITY'of BEAUMONT, TEXAS (city):, a.fnuicicipal_corporation, here.h of .er referred :to as "City. '? arid. WorkQuest, a Stafe of Texas agency;, -and Beaumont Products 8i. Services; Inc:, hereinafter referred to ;as' rovider".. Therefore, City, WorkQuest, an -d Proviie agree a$ follows: WITNESSETH: 1.0 Itis the intent if`tlie City to contract, witha private:;not-for-profit-state-certified workshop:as p avcded,by the State ofTeY,as:for fui fishing litter removal serviees_for Gus shelters acid:g►�ounds maintenance for, the Beaurnonf:Miinicipal'Transit.System::arcd, Henry -Dannenbaum Transfer Center; 2.0 This Agreement ° shall be in effect fora period of three (3)'yc4sbeg;i.pning April 1,;2019 and ending March 31, 2422. The pricing shall;remain the; same for all tllree (3) years, 3.Q The.Provider.sl all furnish all'labor, materials, equipment and•supplies required-to,perform litter removal and :grounds maintenance and other requireriments of the' Agreerftent in a'complete, timely, safe:.and professional manner during the duration of the.Agreement. The -omission of specific reference;ta,any mater-ials or labor necessary for such a job shall not .be interpreted. -as relieving the Provider :from furnishing said materials or labor.: -1 - EXHIBIT "A" 40. Services to be provided, as defned: acid specified in the Scope of Work (attached), and are as follows; Bus Shelters Litter Removal. Sweeping/Blowing henry Dannenbaum Transfer Center Litter Removal - Mowing, EdginwWeed Eating Sweepinolowing 5.0 Seivices,shall 6e,provided according to schedule requirements specified " the Scope .of Work (SOW),: excluding:offieial City holidays which -include: LaborDay Thanksgiving Day Dayafter Thaiksgiviiig Christmas Day New Year's Day - Martin.Luther'Xing, Jr, Birthday Good Friday Memorial Day Independence Day Veterans -Day In° the evenf where a service day falls on a holiday, the service shall be performed on the next business day:, 6 0 The areas -of service shall be defined as the, areas Iisted or-shown'in Exhibits A attached.herein. 7.0 Itshall be the responsibility of the Provider to ensure the:safeiyofits employees and citizens whi)e:in`the perforrriance.ofth,is Agreeirient.:Provid"er ehall,ebsure each worker°isprovided. With an identif ableafianda�d uniform during cacti working day. Each employee shall wear -2- brightly -colored. safety vests`while `on City'rights-of--way. The operation d all equipment -shall be done in -a -manner that -is not Hazardous to persons Mi -the designated' -areas or�the operators. ,8-.,o The Provider may not erect; place, alter, or remote any buildings; covers, signs, slabs, driveways; roads -or facilities of any nature without the prior written consent of the City. Such.facilities;shall become.'the property of the City'ofBeaumObt upon termination or expiration of this Agreement.. The Provider shall not use premises or facilities for activities�or storage not specificallyallowed herein withoutwritten approval of the City. 9,0 Provider shall have =access to.a storage area for purposes ofconducting activities, associated with tl is:Agteempot: Provides shall be responsible for: maintaining this area. 9:1 Provider shall exercise due=and pr uae it;care-in.stotage and use of any hazardous materials, fuel, etc., including security of such. 9,Z Maintenance and repair of equipment used by Provider in the pe °fQnnanoe of this Agreement shall be the responsibility ofthe'Provider...:Provider >shall avoid major inairtenance-and repair activities in public areas and; where applicable, Shall perform such activities in the identified storage areas or at locations not on; the property. 1D:0. The City shall have the. right, but not the duty, to inspect, ,audit, copy and -oxamineAl. books and records. ofthe Providevpertaining to., its•performance of services and obligations to the City under this Agreement. 11.0. TheTrovideumay not assign any -portion. sof this Agreementto. another party or parties without written approval ,of the City Man ager 'or his designee: of such sale; or assignment, The City may require any records'or financial statements necessary in. its opinion to, ensure such:sale-or assign nentwih be in the bestinterestof the City. 12:0 This:Agreement;, including all, Attachments and'Exhibits, andthe City's Purchase Order, shall constitute the entire understanding: of tlieparties:liere to witl sespeet.to the: subjectrriatter hereof, and no Amendment, modifications, or alteration ofthe terms shall°be binding unless the same: be in writing, dated subsequent to the: date hercof,.and duly executed by the -parties hereto. 13.0 LIABILITY I PROVII)MA G-REE'"T 0 __ ''. 1_ __` __ - - _ AND - OjNDE,.MMFY` AND _140VI) "ARMILIE SST -HE, CITY' OV�BEAUMONT AND ITS OFFICERS AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS., CAUSES OR ACTION, ANRIDAMAGk8, OF EVERYKIND, FOR INJURYTO OR.DEATHO OF ANY _ PERSON 0 , N AND I)A1VIA:6E S TO PROPERTY ARISING OUT OFOR IN CONNECTION WITH THE WORK DONE BY THEA . CONTRACTOR THISGRE "AGREEMENT;, AND INCLUDING ACT'S OR. OMISSIONS OF THE CITY OF BEAUMONT . ORITS :OFFICERS AGENTS 0R,EMPLOYEES- IN CONNECTION . WITHSA'I'D CONTRACT T., Provid erwaive&° all rights oftecovery., and Its insurers also waive all right of' subrogation of damages against the City'diid its agents - T Icers.directors and. employees f6rdamages covered by,the workers' compensation and employers liability or colmmere-laht m-brella or excess liability, orbuslness,,,gutomobile ove-r-age, obtained by Provider required:in this, Agreement; where permitted'by-law: This: waiver be stated on the City's "approved Certificate of Insurance.. Tie-_fatutuat: insurance is. obtained by Tkovider on behalf of City IwW not be deemed , to releas6 or diminish the,.Iiabi* of Proy'dl ngluding; without limitationi liabil - IN I i - under the indemnity provisions of this Agreement.. Damages -recoverable by "City from Provider or any third party will not be limited -by the amount of the requited insurance, coverage. 14.0 INSURANCE REQUIREMENTS 14.1 ThqProvidpr,shaH of times duringthe Agreement maintain in fq1l force and effect insurance, naming, the City of-B6aumont as additional insured on -the policies for Commercial :G, eheral,Liability aiid Automobile Coverage as provided in Attachment "A". An original certificate- of insurance shall be7 furnished to the: City by the: insurance com-p' ay pr- -vid bg:thcoverage or tis "agent prior to the camAienc work ' rkbythe ,Provider and shall 'pfpvjd'e that, the City MialI receive athitt e v y(.. -dqys'priorwritten notice, bef6re--any, change or cancellation oftrW policy. -4- 14.2 All of the insurance costs shall be borne bythe.Provider: Should an insurancesrequired by the -Agreement lapse, the Provider shall immediately cease all operations as of the time and.date.of such lapse.and shall not resumeany 'operations .until authorized in writing by. the+'City. If -the lapse period -extends fifteen (I5) days, the City may terminate the_ Agreeint nt and tl e'Provider shall be in .breach: of this Agreement. Should, the City of Beaumont receive notices of insurance cancellation three,Qj or more times within,- a. twelve (12)`month-period, the City may cancel this Agreement. 15.0 CONTRACT TERMINATION 15.1 Either -the City or the Provider may, upon sixty(60) days' written -notice, terminate the ,agreemen"t",for:.reasons of: convenience. Said termination -on behalf of the City shall be- by the City.Manager or,h-is designee. 15 OZ. The.C.ity, besides all other rights or remedies it may.liave, shall have the right to terminatethis flgteerrtentupon five -;(5) days' written notice of the Provider fails to perform, ihe.Scope;ofW,ork ashereinprovided. 'The decision to terminate shall,be at the sole discretion of the City Ma..nager'or his, designee. 15.3 In addition, the' -City shall have:the right to terminate4his; Agreement if the Provider breaches fhis Agreement by other means, including the following: 15.3.1 Byfailing to pay insurance premiums, liens,:claims or other charges, 1,5.3:2 By failing to payany payments due the City, State or oderal Government from the, successful. bidder or its, including,, but not -Iimited'to; payments identified iia this Agreerpent or any takes; fees, assessments,: of liens. 15.3:3, Upon the;institution of voluntary or involuntaiy, bankruptcy proceedings against.the, successful bidder or upon dissolution oftEie,firm or brtsiness. 15.3:4 By violation of:any provision or non-perforrrrance_ of the Agreeiient. =5- 15,4 Upon -termination or expiration.of this agreement, the Provider shall be permitted five (5) working, days to removeProyider-owned material; ;and:equipment:from the City's. premises. Mateuals'and equipment not removed within the -specified time shall become theproperty, of the City. 16.0 The relationship of the: Provider to the City shall be that.ofan independent Contractor; and no principal -agent or.employer-employee relationship is created by this Agreement. By ;entering into this:Agteoinent, the Provider acknowledges that it will; in the performance of its duties under this :Agreement; be acting, as an independent Contractor and that not officer, agent, or -employee of the.Providejr is entitled to.any of the benefits and privileges ofa City employee or officer under anyprovis.' of th0 statues of the. State of Texas -or the Charter and Ordinances of the City of 'Beaumont. 17:0 NOTICES Any notice which City or Providermay require or desire to give to the other- shall bein writing and shall be sent by registered or- certified mail to the: following respective addresses, CITYc City Manager City ofBeaumont p; 0. Box 3:827 Beaumont, TX 77704 STATE AGENCY: Melinda May; Market Representative WgtkQuest 119 North; Street„ Suite R Nacogdoches; TX. 85961 PROVIDER; Steve- Havardz President Beauinont_Products & Services, Inc. 1"305. Washington Blvd. Beaumont, TX 77705 All notices shall be: deemed given on :the date so delivered. Either party, hereto may change the above address by sending written notice. ofsuch change to the other in the manner so provided herein. 180 For any hiflor-maitio'n, concerning this contact -please 6ontact Terry Welch.:Senior Buyer Finance -Department / Purchasing Division City of Beaumont PhysicA Address: 8.0 Suite 3.15, 8eaufq6-n,'t,,TX" 777'01 Ntailing. Address: P. BoX,3827',Be'auih fit TX 77704-3,827 Phdloe, 4 409):880--3107 + Fay. 9 (4610).8 80-3 747 E-mail: teUX.,welch @beaumopttexaL.go-v -7 SCOPE OF FORK_ 1.0 For the purposes of this Agreement; the_ Provider shall perform the work specified. herein as to scope and.sdhedule for The Beaumont 1VluriicipaI Transit. $ystem as listedor shown in_Ekhibits A herein. Provider shall' establish and.provide to the City'a weekly work schedule showing all areas, to. be maintained. 24 BEA"ONT A", ICIPAI, TPANSITSY- STEM Work to, be peiformed at the ,shelters shall include: Litter Removal. Sweeping; blowing. Work to be perforined-at the Henry Dannenbaum Transfer`Center shall include: Mowing Edging/Weed Eating Litter:Removal S -.weeping/ lowing 21 MOWING• --,shall consist of regular cutting of grass and turf areas. All 1.mowing equipment shall be equipped with sharp blades so as not,to.tear, but cleanly cut, the blades`of.grass; All:grass. shall be.ciit;at amaxiI um height of two inches (2"). Upon completion, a mowedarea shall be free of clumped grass= -and tire tracks or ruts from the mowing:equipment. Turf'shall be dut.evenly, without scalped.areas or areas of uncut grass. 2.2 EDGING/WEED EATING— shall be,,performed to keep all curbs, gutters, idealks , and paved areas fiee of grass and weeds, including curb and gutter: lines and joints in the sidewalk. Edging/Weed Eating shall occiir on the; same-day as mowing.;for. any area. Grass exceeding two inches (2") ui holght; around signs,, fence lines, trees, poles, and other obstacles; shall.be removed by;monofilament'trimming: Piovidershall be -8- resp onsble ford egi}ipinept; materials, and supplies for,such cultiVafioti. Bed edges abutting buildings,'concrete, or paved areas shall be.kept.clean and well: defined. 'The City i eserves.'tte _right to install additional. landscaping at its own ekp:ense, with maintenance to be the responsibility, of. the. Provider, Edg iiglWeed Eating maybe accomplished by the: -,use of an approved herbicide;; .Prior -to using; -an herbicide, Provider shalt obtain written_permissionforthe :use. of herbicides from 'the -City, and shall provide to the: City all material data sheets, and provide proof -of each applicator's certification'to administer pesticides and herbicidesin the State of Texas. All Herbicides shall be applied according to manufacturer's specifications. Pesticides and herbicides -must beadiniilistered in accordance witlx all laws, rules, and regulations pertaining :to its application. Edging(Weed Eatin :may also be accomplished by:mechanical edging to a oneinch (I ") depth and one fourth:; ich Q/4") width, using a metal 61ade lexposing the. concrete surface. Edging/Weed Eating;and maintenanceof edge,shall use a�vertical cut approach. All .material dislodged :by edging/weed eating must be removed from -the site priortoihe exit of the work crew -from the immediate worksite. Sidewafks must'be edged.on both sides. 2..3 SWEEPING/BLOWING — shall be provided, to ;keep all paved. areas reasonably free of debris. Alf walks shall;also be -swept and. debris removed fiom the site. Debris. emoval shall always;:occur on the same day as:mowing and:edging/weed eating (Henry 1)annenbaum Transfer• Centier drily);`Cleaning of'paved areas and sidewalks; hall include,,but not:be liimited.to; removal of --bird droppings.. Work at shall be performed between -7,00 AM. and -7.00 P.M. -Monday through Friday, 2.4: LITTl• R,REMOVAL —.shall 'include all trash and;litter,, inctuding downed tree. limbs three icicles(3" .) in diameter or less, from the entire' area -within ten feet:.(10') of the shelter or thebus,stop. All trash and. lifter -removed- shall be disposed of by, the Provider to of off-site, location: in accordance with..local,_state, and federal laws. Provider",shall be responsible for landfill fees. B.U1.S:SHELTER,S' - Litter shall be removed fiom all areas a minimum of one (1) time -per week and I'two (2) times per. week -in :areas as designated in Exhibits.A herein. Service day for once per week;s.haIl be Monday. For location's receiving service' two (2) times per week, service day shall be Monday --and Thursday. -Contractor shall: remove and replace litter bags`inf the City trash containers -a minimum of one (1) time pet week, two -(2) times, a.we,6for locations serviced two,(2) times a: week unless otherwise directed by the City. When _containers are emptied,, Provider shall replace with,new plastic trash.liners. Provider shall lie responsible fo furnishing; all trash.liners and for the removal and disposal of all trash.. Landfill -fees are the responsibility of the Provider, HENRY D- ANNENBAUV.I TRANSFER CENTER - Litter,shall`be<removed frbm•this;area five (5) times :per week Monday througli-.Friday during'growang and non- growing season.. When'trash containers are emptied, Provider shall repI ace:with new plastic trash lints. Provider shall be responsible fox fiirnishing all trash' liners.. and :for the-removal.ai d disposal ofall trash. Landfill fees are tbe responsibility of the Prov Aer. 2:5. SWEEPINGBLOWING- All shelter, cement pads: and ADA 'access. ramps shah be swept free of any dir-t'and debris on the first Monday ver. month No buildup of dirt shall be allowed at-anyservice locations. This fee<shall be billed _as a separate line item from litter each month, 30 SCHEDULE FOR PERFORMANCE Provider shall furnish the-Citywith a weekly -work schedule,indicating the:areas that will be, ma�ntaiped aceordirig to the,:require vents for eaclx area shown iriExhibits A herein. 3J Provider:shall not.be required to maintain personnel on a regular time schedule: However,Providershall be available for service calls as necessary between the hours- of 7:00 AM'and, 5.-,00 PM,-Mondaythrqugh Friday: 10= 3.2 Providei shall respond to -all requests fbt maintenance, repair, and investigation as identified in this Agreement as soon as practical. 1h -cases where Provider is required to perform seNices as identified in this Agreeinent such services -shall be performed within twenty-four (24) hours. 3::3 If tb.e. Provider is uriai �e to,-perPoriii_mowing services, due to excessive water retention on the.:grounds, then tl eCity's;representative shall.:be contacted.. A finaldetermination, will be made by the City's representative;.al out mbwing.th`e area in question. 3A The City retains the right to inspect: and order work to be corrected,as needed, 1-,5 Provid6r:shall.:have access to astorage area: -for purposes: of_conducting.activities associated.with this contract. PrdvidEr shall be responsiblefor maintenance of this area., Provider shall exercise due and ,prudent care in storage anduse of any hazardous materials, including security of such. 3.6 Mowing, and edging/weed eatingshall- occur once every five (5)` working. days during the growing season. Ivlowing-and; edgineveed eating shall occur every ten (10) working days during fhe- non=glowing Season. Litterremoval will continue as scltedule'd "for each location year round. - Growing S:eason.:is defined:asIvIarch;th:rough Octobei•'31 Non" -growing -season is defied as November 1 throughTebruary 2:8 3;7 Provider shall have access to astorage.area for purposes of conducting activities assoclatedwith'this contract. Provider shall be. responsible for-maintenance..ofthis, area. Provider shall exercise due and,: a prudent care "tn storagend use of any hazardous materials, including security of such. - 11 - 4.0 FULFILLMENT AND PAYMENT J, 4.1 The City agrees to paylhd WQrkQbe.st.qp6n fec 6pt-ofinonthly itivoides for , i*1ce& performed'lsatisfactorily. Such payment by City to Vendor.shall be madein accordance: with the'requirdinefits of Texas Goverrunent-Code §2254.021. The City sh6ll have the right to refuse payment for work not satisfactorily completed. 4 Wo Quest, shaI. submit, an accurate invoice within fv,6(5) working daysIrointhb date of delivery.. 43 'Ifivoice,s-,mut ' s - ro&renc - e a,Purchase Order number and the Department or Division for which, goods or services are provided. Beaumont Transit System City of Beaumont ut , nont P..'O. B6x,3827 Beaumont, TX 77704 4;4 All othor.,invoices shall .'be mailed io: ATTM: Accounting Division City of , Beaumont. P. 0. Box.3827 Beaumont, "TX 77704 -OR- All OR - All othe.rinvoices maybe submitted via em -all to,. invoices@beaumolittexas.gov 4.5 Faxed invoices -wilt rfot--`be accepted. 5.0 FUNDING Funds-,f6r payinebt are provided by the. City of BeAumbnt blud et approved by City Cbun-ciff6r each fiscal year only. The State off , exas statues -prohibit ;the obligation and expenditure of public funds beyond the,.fiscal year for which a hudget'has been approved. Obligations beyond the, end ,ofeach current City of BeaumontIfiscal year will b.ps'ubjectW budget approval., �12- A, Table Below-Denoies Cost to,the City, for the -Agreement: -serviceNumber of !I�qreo Daily Cost.Weekly . Monthly AftnUal.C69t Schedule "Catifts f=ast. Cost To include bne (1) $11 .25. per Number of. Time 60 location per. $675,66, 32 weeks 136,160.00 Per:Week- day serviced thatmonth To include Two M $11.2-5. -per Muiber of Tunes 17 location.per $392.50 52 weeks '$, 1 9 890.00 Per-Wbdk day, serviced that moth ,One (1). 'Time Per Month: 71. $5-00 $355 12 $335 $4;260.00 Charge Per location for Sweeping; Groun&,Maint6nafice,and-Litter Retnoval $1,571.91, $18,802.92' for. Hen'Y'Panfienbabm -Transfer -Center Tot.91 Aftual Cost $78,112.91 Cost -per ldcAtionfor As Requested service outside. of regular schedule $25,00'ea. *'The City.regerves theright-to add. or remove lop-066us'AS needed. - 13 - IN MUNESS WHEREOF, Cityand Contractor have executed or caused to be executed by their duly 'authorized officers or agents this Agreement-a.s Of-the'day and year written below. M,Yf OYBEAUMONTI: By; (Signature) Kyle Hayes, City ;Mana ger Printed Name:KL 16 Hayes _ -- _ Date Sighed: WORKQUEST: By:. ( / v \-K- A—k,/ , 't F ILW%,V (s,igniatfufb) MIiiidii, ULky " A, MOy,,IAAtktt,Represent6iive V Peinted Name: tj Date S%gned: BEAVAIGINT, PROOUCTS . D E'9 L (PROVIDER) . 'STVIC' B,°v - - (Signature) -A llat-ul re) Iste,-Ve-;14avR,7FkettitiNe-.04I rector Printed,Name: —STGJ6-OJ4- Date Signed: 06'. ZO ATTACHMENT "A"` (Revised 2/22/201;6) INSURANCE SECTION A. Prior to the approval of this: contract by the. City; CONTRACTOR -shalt furnish a completed insurance Certificate to the Purchasing office. The certificate, shall be, completed by an agent authorized to -.'bind the named underwriter(s) to the: coverages, limits (on a -form- approved and :provided by 'the City), and terminxhon,provisions shown thereon,. and shall furnish and contain all required- information . -referenced 'or indicated. thereon. CITY SHALL EAVE NO 'DUTY `TO :PAY OR PERFORM rtJNDL'R: THIS CONTRACT -UNTIL SUCH CERTIFICATE;IS RECEIVED BYTHE CITY OF l3EAUMONT'S.TIMCHASING DiyiSION, and no officer or employee ofthe City shall have authorityto waive this requirement. INSURANCE COVERAGE REOUIRED SECTION R. CI=TY reserves the. right. to review the insurance requirements of this- section ;during-. the effective, period of the contract and to -adjust insurance- coverages and their limits when deemed necessary and prudent by CITY, .based upon changes in statuto►ylaw; court decisions; or the claims,history of;the industry as -well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are. approved by CITY; CONTRACTOR shall obtain:_ and: maintain in full force -and effect for the duration of this contract; and any extension hereo f at CONTRACTOR'S sole expense; insurance_coveragewritten by companies approved by the State of Texas and acceptable to CITY; in the following type(s),,andamount(s)- TYPE AMOUNT Workers' Compensation and Statutory Employer':s Liability NOTE: For building or constructioni projects, and services provided at City=owned facilities, the successful Contractor shall -meet the minimum requirements defined in. the Texas Workers' Compensation Commission Rule l TAC §110.110 which follows this insurance attachmenf. 2. Commercial General (public) Liability ncluding coverage for the f6flowingc a. Premises operations b; independenteontractors: c. Products/eompleted;operations d. Personal-injury _e. Ad`rertising:=injury. f,. Contractualliability g: Medical payments: h. Pro fessonalIiability* i. Undergroundhazard* j. Explosion and collapse hazard* k. Liquor'liabllit. . Fire=legal liability* in. City=s property in Contractor,'s* care, custody; or>control. n. Asbestos, specific Iiability* A Not required for, this contract. I Comprehensive Automobile.'Liability insurance; including;coverage.-.for,loading and unloading hazards; for: Combined single limitf'or bodily injury and and;proper y damage of_$5.00;000 per occurrence or its equivalent with an aggregate, limit o.f$1,000;000, Combined single limit -for bodily injury and property damage of,$500,000 per occurrence - or equivalent .occurrenceorequivalent. -15- -a. Owned/leased vehicles b: Non -owned vehicles C. Hired.vehicles Errors and Omissions -insurance policy (when applicable) Provide -a prudent amountof coverage for the. willful or--negfigent;acts.or oinission's ofany officers, employees, -or agents thereof. ADD'ITIOMiL POLICY ENDORSEMENTS .CITY shalC:be entitl.'ed, upon request, -and without,ezpense, to receive copies of'the polieies and all.;endorsements'.thereto' and may make any reasonable.request for deletivA,;Xevision, or modification of particular policy term's, conditions, limitations,-or.exclusions (except where.policyprovisions are�,established-by law or regulation.bindingopon either of the poi Eies, hereto or. the underwriter of any of such policles). Upon such request by CITY, CONTRACTOR shall exercise -reasonable efforts. to, accomplish such, changes iii Twicywcoverages, and shall.pay the:, -cost thereof, RE_QUMED'PROVISIONS CONTRACTOR agrees with respect to :the.abovexequired insurance, all -insurance contracts and certificate(s) of insurance will contain and state, in writing, on `the certificate or its attachment, the following required provisions. a. Name, the, City;ofBeaumont and -its officers, employees, and elected_representatives as additional insured(s), (as the interest.of each' insured' may, appear) to. al l applicable coverage,. b.. Provide.for 30. days' notice to. City for cancellation, non -renewal, or material change. C. Provide for noticeto City at the,address-shown below by registered:ma%l. d CONTRACTOR agrees to iyd ive�subrogation. against'the=City ofBeauinont, its officers, employees, and elected; rI p resentatives foil injuries, including death, property damage,.or;any other loss sa to the extentnre;maybe covered bYthe proceeds of insurance. C. Provide that all provisions 6f this agreeinenf conceXningjiability;-:duty;. and standard of care together. shall be ,underwritten by.contractual liability coverage'sufficient'to include such obligations"within'appli'cable policies. f. For coverages that are only available'with claims: made policies,;the required period of.coverage wi l l be determined by the:following formula: Continuous coverage for the life of thecontract, plus one year.(to provide coverage for the warranty period) and,an vxteirded discovery period for a minirnum .of five (5)years which shall begin.at the end, of the warranty period. NOTICES CONTRACTOR shall notify CITY'iii.the event of Arivchange,in coverage; and:ehall`give.such notices not less than'thirfy (30) days pri0to,th0change; which,notioe mustbe l.-a,replaeement CERTIFICATE OF INSURANCE. All notices shall lie given to ;CITY at thefollowing address: Purchasing Division: City of,Beaum.61A P.O Box 38-277 Beaumont; Texas 77704 SECTION'D. Approval, .disapproval ,.or failure to.act liy C1TX' regarding any insurance supplied by CONTRACTOR,shall not relieve CONTRACTOR of,full responsibility or liability for damage's and accidents, as "set forth in thecontractdocuments. Neither shall the bankruptcy,. insolvency, or deniat of liability by the=insurance company exonerate CONTRACTOR from liability. 16- WORKERS COMPENSATION INSURANCE for 'Building or Construction Projects and Services. Provided at City -Owned Facilities TEXAS WORIKERS''COMTENSATION CO1VMSSI.O.N RULE -28, §110.110 **.**4 *:**Wk 7ii**�ti*�t.e;�r�ti_**x;**;,t:,Kx�e,,�i;F�e**�r*x***�r,xx**,�x Asx6quired by the Texas Workers'-CompeiisationRul'e 28,'611 OA 16.; the Contractor shall acceptthe following definitions and.comply withthe•'following provisions: Workers' Compensation Insurance Coverage Definitions 1: Certificate of coverage :(."eertificaYe")-A copy of a certificate of insurance, a certificate. of authority to: self.'insure issued by the coinmi.ssion;, or a° coverage agreement, (TWCC-81,.: MCC -42, `TWCC=83, -or: WCC -84)i showing. statutory Workers' compensation insurance coverage 'for the person's or entity's employees providing services. on a. projec"t,:for=the duration of the project: 2. Duration of the project includes the time from the beginning of the work on the project until the Contractor's/person's work on throe projecthas-been completed and accepted bythe-CityofBeaumont. 3. Person8`pro"viding.sery ccs. on the project (I'gubcontractor" in §405.096) -includes all persons or, entities per -forming all or part of the services the Contractor has undertaken to .perfoitine on the project, regardless of "whether that, person contracted directly with the Contractor and, regardless of whether that person has. employees. 'This -.includes, without limitation, indeperitlerit •Contractors, subconh'actors, leasing companies, motor, carriers, owner -operators„ employees of any such entity,, or employees -of any entity which furnishes persons to provide=services on iheproject. "Services" include, without lnnitation, providing, hauling; or delivering: equipment or materials, 'or providing ;labor;. trait ,pOitation, or' other service related to a -project. "Services" does .not include activities _unrelated to the project, such as food/beverage vendors, -office supply deliveries3.and. deliveryof portable toilets. B. The Contractor shall provide: coverage, based on, proper reporting, of classification codes and payroll -,amounts -and filing of Any coverage: agreements, which meets` .the statutory requirements of' -Texas Labor Code, Section 401.01`1(44) for all employees of -the Contractor providing services on -the -project, for the duration of the project. C, The Contractor mustprovide a certificata4 coverage to the City of Beaumont prior to being-awarded;ther'contraci. D. If the ;coVerage period shown. on_the Contractor's current certificate. -of -coverage ends during the duration of Ithe, project, the Contractor inust,.prior to the; end of the coverage.period' file .-a-new certificate of coverage with the `City of Beaumont showing tl at coverage has bden extended: E. The•Cont ractor'shail obtain ffrom each person providing services on a project,:and'provide to;the City of Beaumont: A,:bort frcate -of bdvarageprior to that person`beginning work on the project; so "the City of Beaumont will have on file certif cates of coverage showing coverage for;all persons providing services on, the project;:: =and Z. No. 'later than .seven (7) _days after receipt by the .Contractor, a new certificate of coverage showing_ extension of coverage, if the coverage-periodshown'on-the current certificate ofcoverage ends during the duration of the project. F. The Contractor shall retainrall required certificates of coverage for the duration of the -project and for one (1.) year thereafter. G. The Contractor shall hotify'the City of 13eaurnontin uniting by. certifiedmailorpersonal delivery, within ten- (10). days after she Contractor knew or should have, known, "of any change that materially .affects the provision, of coverage of any person ptoviding`services;on the project. H. The Contractor shall post on each' proJect site a'notice� in the text, form, and manner- prescribed by the; Texas Workers' Cbmpensatibn Commission, inforinrhg:atl persons'providing services on; -the prejedt that=they=arerequired, to be covered, and stating.hoi4'a person may=verrfy coverage andr@portaackof coverage. 17 Thp Contractor shall contractually require each .person with whom it: contracts to provide services _on -a project; to: Provide cbverage. based -on proper reporting of classification codes and payroll amounts and filing:of;anycoverage agreements, 'which meets the 'statutory requirements_ 'of Texas Labor Code, Section 401.01](44) for all of its. :empjoyees providing services>on the project, for the duration of the: project; I Provide to the Contractor, prior to that person beginning work.on the project, a, certificate of 'coverage showing --that coverage is being provided for all employees oftheperson- providing <services'on-the project, for the duration of -the. project. 3: Provide the Contractor, pr"tor to the end of the coverage periods �a new certificate. of coverage:showing:extension of coverage; if the. coverage period:shown on the current certificate -ofcoverage ends: during the duration 'of the project; 4. Obtain=fiom each oth'erperson-with'whom it contracts, and provide to the Contractor: a. A certificate of coverage; prior to the other person beginning work on the project; and b.- A new -certificate of coverage- showing.. extension. of coverage, prior to. the end of the coverage; period, if the coverage: period -shown, on the current certificate: of coverage; ends during the. durati on.of the project. 5. Retain all required certificates of coverage on -file: for the duration of the project &forone (1) year thereafter; 6. Notify the City of Beaumont in. writing by certified maiI:or personal delivery,, within ten (10)' days after the person, knew'orshouldhave known, ofany change:that materially affects the.:provision:of.coverage of any person providing - services onihe.project; and 7. Contractually require. each person with whom -it contracts, to perform as. required by paragraphs- (1) -;(7), with. the - certificates of coverage to: be provided to -the person: for=whom they are providing services: By`signing,.this- contract or providing or causing -to be provided;a certificate:of coverage, the Contractor is representing -to. the City of Beaumont that aff employees of the Contractor who will provide ;services on the.project will be covered by workers' compensation coverage 'for the. duration °of the project,, that the coverage will'b.e based on proper reporting of classification 'codes and.'payroA. amounts; and that all coverage,.agreements °wiU be; filed with the appropriate :insurance carrier or, in; the case of a. 'self -'insured, with the commission's Division sof Self=Insurance Regulation. Providing false or misleading information may subject the. Contractor to..administrative penalties, criminal penalties, civil penalties, or other civiLactions; X. The: Contractor's failure. to_ comply with any -,ofthese provisions is. a breach of contract by the Contractor which entitles the City of Beaumont to declare the contract.void ifthe Contractor -does not remedythe breach within ten (1'0) days after receipt of notice ofbireach from -the City of Beaumont. As°de f fined by the Texas habor Code, Chapter 269;:Section 406:096(e),:building:or construction .is defined, as: Erectingorpreparing to erecta structure, including a building bridge, roadway; public utility facility, or related appurtenance;. 2. Remodeling,. extending, repairing, or demolishinga tructw•e; or 3; Otherwise improving real.property or an appurtenance to real property:through similar activities. The employment -of 'a maintenance employee•who as not engaging, in building or construction as thecemployer'sprimary businessdoes not constitute .engagingcin building or construction: - 1.8,_ CITY OF BEAUMONT INSURANCE REQUMMEENT AFFIDAVIT To be Completed, -By Appropriate Insurance Agent and subjhi146d With bid. propq4 1, the, undersigned Agent/Broker, certify that the insurance requirements contained in this: bid' document have been reviewed by me with the- below, identified Contractor., 'If the below identified Contractor - is awarddd,this pqijtract,b ythe City of Beaumont, I will be able to, within ten (10) days after -being notified of such award, furnish a valid insurancecertificate to the City meeting all - of the 1'equirernents defined in this'bid: Agent (Signature) Name of AgepcyJBrolwn Address of Aaen6ltroker: City/State./Zip: Agent/Broker. Telephone CONTRACTOWS' NAME Agent (Print) (Print or Type) NOTE TO, AGENTI-BROIMR If this tithe .rbquj I roffiefit is not met; the City has the right to" inval"date the bid award and my the contract ;to the :nextkwest: bidder meeting specifications. Should an awarded bid b6invalidated 'the awa.. Contractor may- be liable f6r breach of contract, 'If you have any questions concerning "these' requirements; (intdottli& Pu Rdr f0f the City of Beaumont tat please pas�ec -4t,(409) 880-37 0, -19; ',CrJrY OF BEAUMONT- INSURANCE REQUIREMENT AFFIDAVIT T -71,i) -By, t k fisfitaeA40fif �p �qpria aril Mir submitted bid,-proppsa 1, the: undersigned Agent/Broker, certify ify that the insurance requirements boitamed inAlObid "document have been .reviewed by me with the. below 'identified Contractor: If'the below ideqdied, Contractor is, Y being notified t'b 1. the City of Beaumont, 1, will., be able to within ten (1-0) da bein �notified q of -'such award, furnish a valid insurance-certificale, to the Ci all, of 'the quitem'ent.§, defined in this bid'. Agent (Signature) Name ofAgenicy/Brokor., Address ofAgent(Broket: �Q) City/State/Zip? Agent/Broker Telephone 9: CONTRACTORS NAME;_' Agent {Print or Type),. V OTWE T6IA0N_T/,BRO"k:, If this e':reqiqrement`is not met the City has the :right to invalidate the bid award and award the meeting spbdificAtions. S40uld ;invalidated the con cyto the i*OJOWW� bidder in an awarded bid be, invali c eon �a C '. tractor- may. be IiAhle f6r- breach. -of contract. If you have any questions concerning these uIre .City /equifeffients. please: contact the Purchasing Managerfor e. i o.Beaumont at,(409) -880-1720. - 197- CERTIFICATE OF INSURANCE Form No. 0061 Edition Date: 1242/2012 INSR Qk' _TYPEOFWSURANCE' POLICY NO. P6 FRI POLICY L� DATE POLICY , tkp. , _ DATE' Y Y-) LIMITS 617,11,1ABILITY El Yes El No = :Colla bse- 11 Yes l7 o. - Under round El Yes El No - Contractors,/ Subcontractors Work El Yes El. No - Aq,�re_`ate Limits, per Rfoldet-Form,CG.2503 0 Yes 0 No - Additional Insured Form - CG 2010 0 Yes El -No - 'id Day -Notice of'Cancellation.Form - CQ 0206 I El Yes d No - Waiver of Subrogation Form - GO 2404 Pollution, Environmental Occurrence Impairment Policy Aggregate Auto Liability Policy As defin6d in'the Policy, CSL $ Bodily-!nj- ur' y $ do6p the'P611cy �rovide: Per Incident) 0 Yes -11 No Any Auto Bodily Injury $ (Per Person.) El Yes El No All Own.0, Autos Property Damage $i (Per,AGcideht) El Yes 'Ej No Non -Owned .1 Autosr 11 Yes 0No Hired Autos 11 Yes EJ No - Waiver of Subrogation - QA0444 El Yes, []No - 30 Day Notice of Cancellation = CA0244 El Y69 El No Additional'Insured --CAkk 0 Yes [I No IVICS,90 Excess Liability. EJ Umbrella Form Occurrence $ 0 Excess,Liability 'Follow Form Aggregate $ 'Work.bris Compensation & 0 -Statutory Employers,Llability 'As.defined in the Policy, does the Policy provid e- Each Accidorit ElYes 0 -NO Waivorof'Subrogation-WC420-04, Disease,- Policy Limit ElYes ONo 30, Day -Notice of Cancellation -WC420,60t Disease,- $ I Each Employee; .1 Is a Builders -Risk I L $ Installation Insurance Pollcy-prOvided? 1i Yes 13. No 0 Yes 0 Noy - -is the - City, shown, as: loss payeetmortgagee? Professional-Liablilty As defined in thei Policy, Each Claim $ does tfie'oo'ky , pi6ift. Li Yes 0 -No =; 3.0.Day Notice of Cancellation Deductible-or.Self Retroactive Date: InspredRetentioh CERTIFICATE OF:INSURAN.GE Form,No. COBI Edition Date: 12/12/2012 Page 3. of 3 AGENT :CERTIFICATION: THIS IS TO CERTIFY TO THE CITY -OF,BEAUMONT that the insurance policies above are 'in full force and effect., Name 0f.insurance ,Co'mp*any.: Name of.A1dbq,rjz0 A&ht: Gdmp8hy Nddr&ss!. Age)ntVAdIdt6s8: City: State: 21p: City:, ty:, State: Zip: Authorized Ageht's: Pb -fieNamber'(jndluding Arda.'Cbde): 0rigihal signat-re ofAuflz ed Ag6nt: X Date: -08011FIC-ATE, HOLDER: - R: City of Beaumont P. b -Box 8827 Beaumont, Texas 77704"3827 -22- DATE IS,50ED AUTHORIZED REPRESENTATIVE SIG.NATURE Licensed Insurance Agent Printed Name: AGREEMENT -0k,ftRwArr4b.tri-ftA REMOVAL,. AT BUSSHELTEIR,LOCATIONSAND GROUNDSMAINTE NANCE OF,'TFMHENRY DANNENDAUM-TRANSFEW.'CENTER T?072 THE DE T TRANSIT TEM- Refe re nc e:.a Texas.-E-tfijts,!,'QoMn!1ss1on Certificate Number 1`1131 1295 -- Section '2252.09 " 8, of the. Government God.estates "a.,con.tract�th8it:,reciuiras an �action or vote. by the governing 6 erning body of the entity or agency, or the Value of,the — contractis-at least: one million dollars ($1,000,000) must provide a Disclosure of Interested Parties Form on the Texas Ethics Commission website". Within five (0)'working; -days after the award of contract by Beaumont City Couricil,the ,awarded. vendor must complete the information requested on the, Texas Ethics Commission welpsite, and provide, the ,certificate number to the .-Purchasing Deo'rtment a The Texas Ethics. Commission' website is www.ethics-.stat:e.tx.us At the ,home; pagQ,:c[i-Ck on Form 1205' Filing Application, Upon completion .of the,; information, on the website. provide :the. completed. form and certilftate number t:6 the following Purchasing e-mailad.dres'ses: Oatribk,bardwbllCcD-bo-atinlbrittoxag.qbv terN.weIch0)beaurnonttexas.gbv I uhder§tAnd the reqdk6menta.-4 .4tatedizabdVe.-Aridwill comply within fine (5) -working daysaffer,the award of contract; W.Beau.montCity Council. Signature, Printed, Natne, Title iffe Revised 41.29/1-6 /b& - 23 - Company Name DatezSigned CERMFOCATE OF INTERESTED PARTIES FORM 1 95 ' 1of1 Complete Nos -..,I,,--,4 and s if there are interested paf#les. Complete Nas.1; 2, 3, 5, and 6-tf there'are no Interested parties.: OFFICE USE'ONLY CERTIFICATION 6P 01LiNG Certif ate Number; .Name ofbustness entityiiting_form,,and the city, state and country of the business entity's place. of business: 201&887568 ;Beaumont Producm& Servicesi.Inc. Beaumnt, TX United States [We.Eited:. 2 Name o, governmen entity oustate agency that - s a party to_t a contract for c •` e' orm' being flied. 08/02/2018 Reglon 53 Sot theastTons Pl tchasir g C f p. j tate Acknowledged:: S Prbvlde th'e identiticatlon number used bythe description of the eetvices,;goods,_orother jroperty,to II go 66miental ,entity or'state•agency to=track.ot ideritifV,O a contract, and provide -a, be proviiiad ands( the•contract: 20280708 Lawn Maintenance: mowing,, trimming, edrg; hedging, trash and Iftterpick up. t 41 Name of Interested Pa►ty, City,State, Country (place of business) Nature of interest. (check applicable). Controlling intermediary, ' I!! i t L 5' Ciieckbnh(lfthefe'is.NOlnterestedParty. 6-UNSWORNbECLAPdATIOid Myname is, -im"Ns and my date of_birth'is My-address,ls;_ Lj1� `/i/1A� 0 GAUX's ba••. ,_ WMUIf A" -114x-( 1� _ ( (city} (stite) (ZIP.code) (Country) (street) i declare; under penalty of -perjury that the,1oregoiriig Is -true; and correct: FacecufedJn. County, 'State of on the. Sodayof MAZIn 20 . (month) 06U) � is - S n tore of auffioRiAd ag, , 01 contractingbusiness entity (0eclarant) Forms provided by Texas:Eihics Commission I wmethics..tate.bws Version V3..0.6711 AGREEMENT r-OR-FURNISHINGLITTER REMOVAL AT BUS SHELTER,UXATIONS AND GROUNDS MAINTENANCE OP'THE ANNEN- " BAUMTRANSFEWCENTER FOR- AUMONT TRANSIT SYSTEM PW6mucc: TF0319.14 House. Bill 89 JHB8gLyqHfLatlon thdund&sigried repkesbhtkive of _,.(Company ut Business Nam (Company &Businims Name), (hereafter ref6rred-to, as -"Company"), beinganadultover the,pge of eighteen,.( I 18),yeflri of age's. verify, that.4he company nklifed-above, under the provisions of Subtitle F;; Title, 10, Government Code Chapterlii*. 1. Do6,s.n6(boy,c0i,t<Israelcurrently ;iknd Will -not boycott4sr!iel during the term of the cofitknet(he nbovo-iia-Med Corupany,busiiim or individual -with the Cltyof ffeatimont, Texas. 1'rirsfidi4tto &c nt" ,fion22,70,001,,Texd�GoVir eni,Codt. 1. 0SoV6oft_l§.ra6.l" means refusing to 'deal With, terminating bUsiness activities with, orotherwise tak I ing any action that 4s./me ndedtopenOze, it? lice eConondc harm on, or Iffifit commercial relailons specIflcalo -id4h krael, or ivilka person or entity doing bqx4vMs,1n Israel or in an lit-delfl-colitrolled temIt6q, bill does not Inchide anaction made for ordlnoiy: bzisAxJspro poses; and 2, "Company.0 means dfivy-profii sole proprietorship; organization; association; carp joint wnfurd, oration parttiership limited par -inetihtp,,,Iiil?;,ieet,lidbility partnership;. or any thillmd liabilltycompany,, lneh(dfilga 1Pho14oiPnedsubsidiary Ib`lsiriessassociations that vxi.sl 16 make a profit. DATE SIGNATURE OrCOMPA Y) REPRESENTATIVE ON THIS THE `day of W) ArA, 20 persbrially appeared t4he aboVe-naificd person, who After by ine. being duly -SIA-11ri1. 66 swear and .confirm that file aboti,e is true, and correct. V5911C, 51310 ;f 17exga • N, Tr SIGNATOR—E— COMM - z'xPiNS 02 y 56" to Bill .)52 Cir., 2252 Ce."ifleation 'e. char,40 -2252, Section 2252, 152 wlia Seed& 225a.153. eerdf .�n; ,0Te,,=1 Got -nalenl,cou y that the cump(Pi.),nafnedahot O�' P:_ u:ebsfie ckf'die Cpmpirolkv UJ Me Stare of Temis concerning the lisibig 4f.companies, that are identffied ull cy,?r Sec;iDr, 110116 lite CitY ol'Beitionow's Purchasin$7 Deparonew. Da':.c 54 zed 5iggnauuv�WfCon��6ny R�epresenftativ Na'fiie in Prinied Forin E THI'8 FCkRM.MUST BE REETURNED WITH AGREEMENT', I XX t jr-AHIT A List of Location -S AGREEMENT FOR FURNISHING LITTER REMOVAL AT.BUS-SHELTER-LOCATIONS AND GROUNDS,MAlNTENANCE OF T1IIE;HENRY DANNENBAIJMTRANSFER CENTER FOR THE BEAUMONT TRANSITSYSTEM Reference: TF0319-14 �25- LOCATIONS TO BE SERVICED TWO (2) TIMES PER WEEK 1) E. Virginia and Rolfe Christopher -Lamar —Trash Can. 2) Florida and Highland -Trash Can AvenueA,and,Harr0i' t -Trash Can 4) Avenue C andVashington Blvd. - Trash Can 5") Leight and Magnolia 0) 38751H-10 Tinseltown TrashC an 71) HEA -11 and Stagg, Dr. Walgreens and Folsom Trash Can 9) Chick-Vil-A on College 10) BPL Plasma on,'Eastex Freeway - Trash Can, 11), College at Medical Center Dr.. - Trash Can 12) College at Beaumont Publ=ic Health Department - Trash Can 13) Calder and 4h Inbound - Trash Can 14) Calder, and 7'11 Inbound -Trash Can Only 15) h Calder and 7' Outbodind. -Trash Can Only 16) Calder and 11"' Outbound -Trash Can Only 11) Dowleh at Eastex (T -Mobil Store) Trash Can Drily -26- LOCA ON TO BE, SERVICED � U , 'S ONE (1) TIME PER WEEK at, Fannin 2) Blanchette at Pennsylvania 3) Calder 2P Trash Can, 4) Calder at Chtis'iuis' Si -Elizabeth Hospital —'Trash Can 5.) College at Avenue C. (East) - 6) Co"JlegQ atAvenueC.(W(:%) — Trash- Can 7) College at Pinchbablc — Trash Can. 8) Concord. at Russell( Village $49pping, Center) - Trash, Can 9) Concord at Pix 10) Concord at Lucas Outbound Trash Can 1:1) Concord at Lucas Inbound Corley at 11th 13), Corjey, at Park: 14) Dowlen at Calder -Trash Can 15) jDowlen at Walmart m- Trash Can 1-6) ]Dowlen at'Kroger -Trash Can -Only I!)- Dowlen at Concord next to Popeye's -Trash Can 18),- E. 'Virgin4. at f1ighland 49)' Fannin at Central. Park. -Trash Can 20) Fatima at Elmira 21). Liberty at 2nd 2 -2) Latmbt at 2n, 23) -Fannin, at'Baptist Hospital, -Trash Can 24)- Crow Rd. at, Seville Apartments -Trash Can 25) Concord at Beatrice - Trash Can -27- 2:6) Park at Royal — Trash .Can '27) Magnolia at PerTy Trash Can Magnolia at. Live Oak 29) Pearl at Art Museum Trash Can 30) Lavaca at Chaison 31) Magnolia at Gill = Trash, Can 32), Cleveland atIArthuT Trash Can .33) He,'Ibfg --at LUOas. Trash :Can 34) 1 Ith at' Laurel 35) W Vni-,ginifaat.Virginia Estate Manor 3 N. 7t' at North —Trash Can .371) 222D Calder Trash Can, 38) Major at.'Gladys 'Trash Can 310) Lavaca at, Irving 40) East Lavaca Close, to YffiK Trash Can 41) Maida ai dA at Helbig 42) Magnolia, at Weiss Trash Can 43) Park at.Milam 44) Parkdale Trash Can 45) Pearl at Orleans= Trash. Can. 46). Phelan.. at-Dowleil Ttas'h. C -an 47)_ Phelan at M - D o ajor .. r. 48), Pine. at. Fletcher;' —Trash Can 49)_ Pine at. Martin 5,01 Pine BUIT, at.,E Lucas. —Trash Can 51), Rdintr'ee Tower at MFIMR Trash Can 53), Sarah :at 0 —Tr I ash -Can -28 - 5-4) .5,7) 5-8) 5-0) 60) Social Security' Admifflstkation — Dighman Rd. Veteran's, Circle West , VirgiriUs'm ta at __ WK atmaple, Calder at 914 l'! Ith at Finer Foods Lavaca at Cash :Saver 29 - — Trash Can — Trash Can Trash Can Trash Can Only Trash Can. � OF AGREEMENT AGREEMENT i FOR FURNISHING LITTER REMOVAL AT BUS SHELTER L• OCATIONS,AND GROUNDS -MAINTENANCE OF THEHENRY DANNENBAUM TRANSFER CENTER FOR THE BEAUMONTUANSIT SYSTEM Reference: TF0319-14 -30- T March 26, 2019 Consider amending section 4.06.001 of the Code of Ordinances related to owning Livestock BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider amending section 4.06.001 of the Code of Ordinances related to owning livestock. BACKGROUND The Code of Ordinances currently allows residents to own livestock as long as they meet the minimum space requirements. The proposed ordinance clarifies that pigs and hogs are classified as livestock and can be owned by residents. The current space requirements specify that those who own hogs for non- commercial use must have at least a one-half (1/2) acre tract of land with at least three thousand (3,000) square feet of space per hog. The Animal Care Advisory Committee met on February 20, 2019 and is in support of making this clarification. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. u Sec. 4.06.001 Livestock permitted, number (a) Definitions. (1) Fowl shall mean birds, chickens, turkeys, pheasant, quail, geese, ducks, ostriches, emus, pigeons, or similar feathered animals regardless of age, sex or breed. (2) emeses -of this aAielethe te resteek" Livestock shall mean any horse, mule, cattle, hog, ply, sheep, goat, or similar animal classified as livestock. For the purposes of this article, micro or mini pigs shall not be classified as livestock. (b) General prohibition. It shall be unlawful, except as provided in subsection (c) of this section, for any person to keep, possess, or maintain, or permit keeping on any premises owned by him or under his control, any livestock within the city limits. (c) Area limitations and maintenance requirements for the keeping of livestock. The provisions of subsection (b) of this section shall not apply to the following situations: (1) Bona fide zoos, stock shows, fairs, animal judging and shows, and circuses. (2) Bona fide public or private school projects, when conducted upon school property and under faculty supervision. (3) Facilities owned and used by a licensed veterinarian in connection with his practice of veterinary medicine. (4) Guinea pigs, hamsters, rabbits, chickens, ducks or other animals or fowl of similar size which are kept entirely within an enclosed building, which building is of such design and material as to retain any noises or odors caused by such animals or fowl. (5) Livestock which are kept in compliance with the following requirements: (A) Horses or other equine animals, as a private stable (not for commercial purposes), and other livestock may be kept on tracts of land of not less than one (1) acre. (B) Bovine animals may be kept for personal use (not for commercial purposes) on tracts of land of not less than one-half (1/2) acre. (C) All other Llivestock (except those listed in section 5A ) which are kept as pets for noncommercial purposes, may be kept on tracts of land of not less than one-half (1/2) acre. (D) In addition to the requirements set forth in sections (5)(A), (5)(B), and (5)(C), it shall be unlawful for any person to keep or harbor any livestock within the corporate limits of the city, where there is less than three thousand (3,000) square feet per livestock. (E) In connection with all of the above-described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this section must be kept in a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the residing vicinity or the existence of any nuisance dangerous to the public health. Any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this section must be approved for such purposes by the animal care manager. { ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4.06, SECTION 4.06.001(A)(2) AND SECTION 4.06.001 (C)(5) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO LIVESTOCK OWNERSHIP; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 4, Article 4.06, Section 4.06.001(a)(2) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: ARTICLE 4.10 ANIMAL CARE FEES Sec. 4.06.001 Livestock permitted, number (a) Definitions. (2) Livestock shall mean any horse, mule, cattle, hog, pig, sheep, goat, or similar animal classified as livestock. For the purposes of this article, micro or mini pigs shall not be classified as livestock. Section 2. That Chapter 4, Article 4.06, Section 4.06.001(c)(5) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: ARTICLE 4.10 ANIMAL CARE FEES Sec. 4.06.001 Livestock permitted, number (c) Area limitations and maintenance requirements for the keeping of livestock. The provisions of subsection (b) of this section shall not apply to the following situations: (5) Livestock which are kept in compliance with the following requirements: (A) Horses or other equine animals, as a private stable (not for commercial purposes), and other livestock may be kept on tracts of land of not less than one (1) acre. (B) Bovine animals may be kept for personal use (not for commercial purposes) on tracts of land of not less than one-half (1/2) acre. (C) All other livestock (except those listed in section (5)(A)) which are kept as pets for noncommercial purposes, may be kept on tracts of land of not less than one-half (1/2) acre. (D) In addition to the requirements set forth in sections .(5)(A), (5)(B), and (5)(C), it shall be unlawful for any person to keep or harbor any livestock within the corporate limits of the city, where there is less than three thousand (3,000) square feet per livestock. (E) In connection with all of the above-described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this section must be kept in a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the residing vicinity or the existence of any nuisance dangerous to the public health. Any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this section must be approved for such purposes by the animal care manager. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. 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 26th day of March, 2019. - Mayor Becky Ames - March 26, 2019 Consider an ordinance repealing in its entirety Article 14.03, Division 4, Right of Way Management Regulations of Chapter 14, Streets and Sidewalks, of the Code of Ordinance of the City of Beaumont and replacing it with the New Article 14.03, Division 4, Right of Way Management Regulations, to conform to new rules adopted by the FCC -Federal Communications Commission regarding Small Cell Technology BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 26, 2019 REQUESTED ACTION: Council consider an ordinance repealing in its entirety Article 14.03, Division 4, Right of Way Management Regulations of Chapter 14, Streets and Sidewalks, of the Code of Ordinance of the City of Beaumont and replacing it with the New Article 14.03, Division 4, Right of Way Management Regulations, to conform to new rules adopted by the FCC -Federal Communications Commission regarding Small Cell Technology. BACKGROUND On August 28, 2017, Ordinance No. 17-054 and No. 17-055 were adopted in Chapter 14 to conform to new State Legislation for Small Cell Technology. On September 26, 2018 the FCC issued a declaratory ruling, report and order, FCC WT Docket No. 17-79 adopting new rules addressing the deployment of small wireless facilities in public right of ways. These rules took effect January 14, 2019 and Staff have made the changes regarding Small Cell Technology to conform to the new ruling from FCC. Staff recommends repealing the existing Article 14.03, Division 4 of Chapter 14 and adopting as new. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, REPEALING IN ITS ENTIRETY ARTICLE 14.03, DIVISION 4, RIGHT-OF-WAY MANAGEMENT REGULATIONS, OF CHAPTER 14, STREETS AND SIDEWALKS, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, AND REPLACING IT WITH THIS NEW ARTICLE 14.03, DIVISION 4, RIGHT-OF-WAY MANAGEMENT REGULATIONS, TO CONFORM TO NEW RULES ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION PURSUANT TO ITS DECLARATORY RULING, REPORT AND ORDER RELATED TO SMALL CELL TECHNOLOGY AND ADOPT OTHER MINOR CHANGES, AND PROVIDNG PENALTY CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PUBLICATION CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the state has delegated to each city the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public, subject to state law; and, WHEREAS, the City Council has determined that excavations in city streets may significantly interfere with the public use of the streets and result in a negative impact to public safety, air quality, level of service on streets and sidewalks, and aesthetics of the community; and, WHEREAS, the City Council finds excavations in paved streets significantly degrades and shortens the life of the surface of the streets, and increases the frequency and cost to the public of requisite resurfacing, maintenance and repair; and, WHEREAS, the City Council has determined that substantial public funds have been invested to build, maintain and repair the city streets and utilities; and, WHEREAS, the Federal Communications Commission issued a declaratory . ruling, report and order, FCC WT Docket No. 17-79, dated September 26, 2018, (the "Order") adopting new rules addressing the deployment of small wireless facilities in public rights-of-way, such rules to take effect upon passage; and, WHEREAS, cities retain the authority to manage the public right-of-way to ensure the health, safety, and welfare of the public; and, WHEREAS, it is desirable to adopt regulations to protect the structural integrity of city streets and safeguard the value of the public infrastructure; and, WHEREAS, it is also desirable, reasonable and in the interest of public safety to impose regulations to reduce clutter and unsightly deployment as a public harm; and, WHEREAS, the City of Beaumont reasonably anticipates that the actual and direct cost of processing permit applications for network providers will exceed the presumptively reasonable amounts of $500 per application covering up to five network nodes, $100 for each additional network node per application, and $1000 per application for each pole currently allowed by Texas Local Government Code Chapter 284, and the Order, however, city staff will review costs as the process is undertaken and will determine the actual and direct costs based upon actual experience and revise application fees if required; and, WHEREAS, upon full review and consideration of all matters related and attendant thereto, the City Council is of the opinion that Article 14.03, Division 4, Right - of -Way Management Regulations, adopted by Ordinance No. 17-054 should be repealed in its entirety and replaced as provided herein; NOW, THEREFORE, BE IT ORDAINDED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section I. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section II. Article 14.03, Division 4, Right -of -Way Management Regulations, of Chapter 14, Streets and Sidewalks, of the City of Beaumont Code of Ordinances, is hereby repealed in its entirety. Section III. Article 14.03, Division 4, Right -of -Way Management Regulations, of Chapter 14, Streets and Sidewalks, of the City of Beaumont Code of Ordinances, is replaced with the following: ARTICLE 14.03, DIVISION 4. - RIGHT-OF-WAY MANAGEMENT REGULATIONS Sec. 14.03.190. - Title. This division shall be known and cited as the Right -of -Way Management Regulations for the City of Beaumont, Texas. Sec. 14.03.191. - Construction; governing law; venue. This division shall be construed under and in accordance with the laws of the State of Texas and the City Charter and City Code to the extent that such Charter and City Code are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. All obligations of the parties hereunder are performable in Jefferson County, Texas. Sec. 14.03.192. - Scope. This division shall be effective within the geographical limits of the city, including any areas subsequently annexed by the city. Sec. 14.03.193. - Purpose; objectives; applicability. (a) Purpose. This division provides principles and procedures for the placement of structures and facilities, construction, excavation, encroachments, and work activities within or upon any public right-of-way and to protect the integrity of the road and city utility system. To achieve these purposes, it is necessary to require permits of private users of the public rights-of-way, except as prohibited by law, and to establish permit procedures, rules, and regulations for work done within or upon the public rights-of-way. (b) Objectives. Public and private uses of public rights-of-way for location of facilities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the City of Beaumont must insure that the primary purpose of the rights-of-way, safe passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible. In addition, the value of other public and private installations, roadways, the city utility system, facilities and properties should be protected, competing uses must be reconciled, and the public safety preserved. The use of the public rights-of-way by persons, agencies, network providers, and public infrastructure contractors is secondary to these public objectives and the movement of traffic. This division is intended to strike a balance between the public need for efficient, safe transportation routes and the use of public rights-of-way for location of facilities by public and private entities. The division thus has several objectives: (1) To ensure that the public safety is maintained and that public inconvenience is minimized. (2) To protect the city's infrastructure investment by establishing repair standards for the pavement, facilities, and property in the public rights-of-way when work is accomplished. (3) To facilitate work within the public rights-of-way through the standardization of regulations. (4) To maintain an efficient permit process. (5) To conserve and fairly apportion the limited physical capacity of the public rights-of-way held in public trust by the city. (6) To establish a public policy for enabling the city to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition, and technological development. (7) To promote cooperation among the agencies, network providers, and public infrastructure contractors (as defined herein) and the city in the occupation of the public rights-of-way, and work therein, in order to (i) eliminate duplication that is wasteful, unnecessary or unsightly, (ii) lower the agencies', network providers', public infrastructure contractors' and the city's costs of providing services to the public, and (iii) preserve the physical integrity of the streets and highways by minimizing street cuts. (8) To assure that the city can continue to fairly and responsibly protect the public health, safety, and welfare. (9) To further the public health, safety, and welfare of the citizens of the city by establishing aesthetic standards for installation of facilities in the public right- of-way that are reasonable, are technically feasible, and are reasonably directed to avoiding or remedying the intangible public harm of unsightly or out -of -character deployments. (c) Applicability. (1) The requirements of this division apply to all persons, agencies, network providers, and public infrastructure contractors that place structures and facilities or that conduct construction, excavation, encroachments, and work activities within or upon any public rights-of-way except: a. Persons, agencies, or public infrastructure contractors providing service drops for single-family and two-family residence -zoned properties on private property. All permits for these properties will be issued through the city's building inspection department. b. New residential service connections which are permitted through the building inspection department of the City of Beaumont as provided in section 14.03.199(a)(5) below. G. Right-of-way use for valet -parking. d. Right-of-way use for sidewalk cafes. e. Revocable use of the right `of -way pursuant to an encroachment, agreement. (2) Any permit issued prior to March 26, 2019 will remain subject to the terms and conditions of city ordinances and requirements in effect at the time of issuance of the permit and is not affected by this division, except that, upon expiration or conclusion of the permit, a new or renewal permit must be obtained in accordance with this division. Sec. 14.03.194. - Definitions. Abandon and its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by Provider in an unused or non-functioning condition for more that 120 consecutive calendar days unless, after notice to Provider, Provider has established to the reasonable satisfaction of the City that the applicable facilities, or portion thereof, is still in active use. Abandoned facilities means facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities, or from any other facilities that are in use or that still carry service. Facilities are deemed to be abandoned facilities if they are not properly registered with the city. Agency means any franchised person operating in the right-of-way. "Agency" includes all contractors and sub -contractors hired or retained to do construction for an agency. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes means: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and, (B) local amendments to those codes to the extent not inconsistent with Chapter 284. Applicant means an owner or authorized agent of'an owner, who submits an application for a permit under the provisions of this division. Backfill means the placement or return of dirt, fill, or other material for the purpose of restoring an excavated area. Certificated telecommunications provider (CTP) means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Public Utility Commission to offer local exchange telephone service. A CTP does not include a network provider, as defined herein. Chapter 284 means Tex. Loc. Gov. Code, Chapter 284. City means the City of Beaumont, Texas. As used throughout, the term city also includes the designated agent of the city. City Council means the municipal governing body of the City of Beaumont, Texas. City engineer means the director of engineering of the City of Beaumont or any other person designated by the city manager to administer this division. City manager means the city manager of the City of Beaumont. Closure means a complete or partial closing of one or more lanes of traffic of a major thoroughfare and the complete closure of any other type street or sidewalk. Collocate and collocation means the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to an existing pole or structure. Compaction means ninety-five (95) percent of maximum density with a moisture content of -2 percent to +4 percent of optimum under paved surfaces and ninety (90) percent of maximum density with a moisture content of -2 percent to +4 percent of optimum outside of. paved surfaces. Concealment or Camouflaged means any facility that is covered, blended, painted, disguised, or otherwise concealed such that the facility blends into the surrounding environment and is visually unobtrusive. A concealed facility also includes any facility or pole conforming to the surrounding area in which the facility or pole is located and may include, but is not limited to hidden beneath a fagade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. Construction means breaking of pavement, excavation, installation of facilities, boring or jacking of utilities, restoration of pavement cuts, or other work by an agency, network provider, or public infrastructure contractor in a public right-of-way. The definition includes, but is not limited to, providing primary service, restoration, or maintenance of existing facilities within the right-of-way. Consumer price index means the annual revised Consumer Price Index for All Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics or other publication as authorized by state law. Decorative Pole means a streetlight pole specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to the City of Beaumont Zoning Ordinance regulation of light pole banners, as may be further amended. Disaster emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city, state, or federal governmental authorities. Distributed Antenna System or DAS shall be included as a type of "Network Node." Duct or conduit means a single enclosed raceway for cables, fiber optics, or other wires. "Duct" or "conduit" shall not include the maintenance duct associated with a conduit that is reserved for use in replacing damaged cable or for rerouting purposes. Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. "Easement" shall include a private easement used for the provision of utilities. Emergency means any event that may threaten public health or safety, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged facilities, downed aerial facilities, downed poles or service outages whether to one customer or an area of the city. Erosion control means compliance with TxDot Erosion and Sediment Control measures, as amended. Excavate or excavation means to dig into or in any way remove or penetrate any part of a public right-of-way and does not include landscaping activity unless the activity removes or disturbs the paved portion of the right-of-way. Facilities means the plant, equipment, and property, including, but not limited to, lines, transport service, poles, mains, pipes, conduits, pipelines, ducts, cables and wires located under, on or above the surface of the ground within the public right-of-way and valves, and related facilities and equipment used or useful for the provision of utility services, wireless or network services, or communications services to the public. Federal Communications Commission or FCC means the Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi- channel regulation on a national level. Highway right-of-way means right-of-way adjacent to a state or federal highway. Historic District means an area that is zoned or otherwise designated as a historic by the City. Such zones include H -C, Historic -Cultural Landmark Overlay, HC -L, Historic -Cultural Landmark and RCR-H, Residential Conservation and Revitalization. Law means common law or a federal, state, or local law, statute, code rule, regulation, order, or ordinance. Local means within the geographical boundaries of the City. Local exchange telephone service means telecommunications service provided within an exchange to establish connections between customer premises within the exchange, including connections between a customer premises and a long distance provider, serving the exchange. The term includes tone dialing service, service connection charges, and directory assistance services offered in connection with basic local telecommunications service and interconnection with other service providers. The term does not include the following services, whether offered on an intra -exchange or inter -exchange basis: (1) Central office based PBX -type services for 'system of seventy-five (75) stations or more; (2) Billing and collection services; (3) High-speed private line services of 1.544 megabits or greater; (4) Customized services; (5) Private line or virtual private line services; (6) Resold or shared local exchange telephone services if permitted by tariff; (7) Dark fiber services; (8) Non -voice data transmission service offered as a separate service and not as a component of basic local telecommunications service; (9) Dedicated or virtually dedicated access services; or (10) Any other service the Public Utility Commission determines is not a local exchange telephone service. Location means the City approved and lawfully permitted location for the Network Node. Macro tower means a guyed or self -supported pole or monopole greater than the height parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of supporting antennas. Major thoroughfare means any Thoroughfare Type D or higher as shown on the City of Beaumont Thoroughfare Plan, as amended. Micro network node means a network node that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, and that has an exterior antenna, if any, not longer than eleven (11) inches. Municipal park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. Municipality owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way. MUTCD means Manual of Uniform Traffic Control Devices. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery -only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower. Unless specifically provided for herein, a network node includes small cells and small wireless facilities, as defined herein. Network provider means (A) a wireless service provider; or (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any other structure that supports or is capable of supporting a network node. Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node. Order means the Federal Communications Commission Declaratory Ruling, Third Report and Order, FCC WT Docket No. 17-79, adopted September 26, 2018. Park means an outdoor area or recreation facility owned or operated by the city or other public agency; or a privately owned area that is designated as "open and social space" on the city's Growth and Change map that is currently open for public use under the same or similar terms as traditional public park, such as a public golf course, picnic area, or a nature preserve; or an area owned by the city that was purchased for park purposes and is planned for park development. Pavement cut means a cut made into the paved surface of a public street, alley, curb, sidewalk, or public easement. Permit means a written authorization for the use of the' public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. Person means a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity who owns or controls facilities. Pole means a service pole, city -owned utility pole, node support pole, or utility pole. Private easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. Provider has the same meaning as "Network Provider." Public infrastructure contractor means a person hired or retained to do construction of facilities that will be maintained by the city. "Public infrastructure contractor" includes all subcontractors. Public right-of-way management ordinance means an ordinance that complies with Chapter 284. _Public right(s)-of-way means the area on, below, or above a roadway, highway, street, sidewalk, alley, waterway, or other way and that is open for public use, and that is owned by the city in full or in part, and that is managed and controlled by the city. The term does not include: (A) a private easement; or (B) the airwaves above a public right-of-way with regard to wireless telecommunications Residential service connections means a connection to private property from the right-of-way for individual residential service. SCADA or Supervisory Control and Data Acquisition systems means a category of software application programs and hardware used by the City for the process control and gathering of data in real time from remote locations in order to monitor equipment and conditions of the City public water and wastewater utility facilities. These systems may utilize both cable and wireless communications. Service pole means a pole, other than a city -owned utility pole, that is owned or operated by the city and located in a public right-of-way, including: (A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a decorative pole; and (D) a pole or similar structure owned or operated by the city and supporting only network nodes. Small cell or small wireless facility means a facility meeting all of the following criteria: (i) facilities mounted on structures 50 feet or less in height including their antennas, or on structures no more than 10 percent taller than other adjacent structures, or that do not extend existing structures where they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (ii) each antenna is no more than 3 cubic feet in volume; (iii) all other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre- existing associate equipment on the structure is no more than 28 cubic feet in volume; and (iv) facilities do not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b). Unless specifically provided for herein, provisions addressed to network nodes herein shall also apply to small cells and small wireless facilities. Stealth shall mean a method that hides or conceals an antenna, supporting electrical or mechanical equipment or any other support structure, including network nodes. Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A "Street" is generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-way may include sidewalks and utility easements, a "Street" does not. A "Street" does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later. SWPPP shall mean Storm Water Pollution Prevention Plan. TAS MEANS Texas Accessibility Standards. Thoroughfare means any public traffic artery, major street, secondary street or alley. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport facility means each transmission path physically within a public right-of- way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Underground Requirement Area shall mean an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way. User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, depending on the context. Utility means any privately or publicly owned entity that uses right-of-way to furnish the public any general public service, including, without limitation, sanitary sewer, gas, electricity, water, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Utility pole means a pole installed primarily for the purpose of providing electric distribution or telecommunications as defined by Section 51.002, Utilities Code and that' provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by Section 51.002, Utilities Code. A utility pole does not include a pole installed primarily for the purpose of providing other services or for third parties. Utility service pole means a pole installed by a utility for the purpose of connecting a utility pole to a customer's building or other premises to provide electric distribution 'or telecommunications as defined by Section 51.002 Utilities Code. Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles" as defined in Texas Local Government Code Chapter 284. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Sec. 14.03.195. - Police powers. An agency's, network provider's, or public infrastructure contractor's rights hereunder are subject to the police power of the City of Beaumont which includes the power to adopt and enforce ordinances, including amendments to this division, necessary for the safety, health, and welfare of the public. Agencies, network providers, and public infrastructure contractors shall comply with all applicable laws and ordinances enacted, or hereafter enacted, by the City of Beaumont or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City of Beaumont reserves the right to exercise its police powers, notwithstanding anything in this division or a permit to the contrary. Any conflict between the provisions of this division or a permit and any other present or future lawful exercise of the city's police powers shall be resolved in favor of the [after. Sec. 14.03.196. - City engineer's authority; enforcement; violations. (a) City engineer's authority. (1) The city engineer is authorized to administer, interpret, and enforce the provisions of this division and to promulgate regulations, including but not limited to, engineering, technical, and other special criteria and standards, including design standards, to aid in the administration and enforcement of this division that are not in conflict with this division, the Code of Ordinances of the City, or state or federal law. (2) Enforcement. The city engineer is authorized to enter upon a construction site for which a permit is granted under this division or, where necessary, upon private property adjacent to the construction site for purposes of inspection to determine compliance with the permit or this division without notice. If the inspection requires physical contact with the equipment, the city engineer must provide written notice to the agency, network provider, or infrastructure contractor within five (5) business days of the planned inspection. Agency, network provider or infrastructure contractor may have a representative present during such inspection. (b) Violations. A person, agency, or public infrastructure contractor commits an offense if he: (1) Performs, authorizes, directs, or supervises construction without a valid permit issued under this division; (2) Violates any provision of this division; (3) Fails to comply with restrictions or requirements of a permit issued pursuant to this division; or (4) Fails to comply with an order or regulation of the city engineer issued pursuant to this division. (c) This division may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for violation of this division. (d) Prior to initiation of civil enforcement litigation, a person, agency, network provider, or public infrastructure contractor who has violated a provision of this division must be given the opportunity to correct the violation within the timeframe specified by the city engineer. This section does not prohibit the city engineer or the city from taking enforcement action as to past or present violations of this division, notwithstanding their correction. Sec. 14.03.197. - Penalties. (a) Any violation of the following provisions or terms of this division by any person, firm, corporation, agency, network provider, .or public infrastructure contractor: section 14.03.208(f), excavation safety, section 14.03.209, no directional boring zones, and section 14.03.211(c), deposit of dirt and material on roadways, of this division shall be a misdemeanor offense and shall be subject to a fine in accordance with Section 1.01.009(b) of the City Code of Ordinances for each offense. Every day a violation continues shall constitute a separate offense. (b) Any violation of the other provisions or terms of this division by any person, firm, corporation, agency, network provider, or public infrastructure contractor shall be a misdemeanor offense and shall be subject to a fine in accordance with Section 1.01.009(a) of the City Code of Ordinances for each offense. Every day a violation continues shall constitute a separate offense. Sec. 14.03.198. — Right -of -Way Permit required. (a) Permit Required. Any agency, network provider, or public infrastructure contractor seeking to place facilities on, in ,or over a public right-of-way or to engage in construction, excavation, encroachments, and work activities within or upon any public right-of-way shall first file an application for a right-of-way permit with the city and shall abide by the terms and provisions of the right-of-way permit and 'this division pertaining to the use of the public rights-of-way. (b) Exceptions. (1) City construction, reconstruction, and maintenance activities are excepted from the permitting requirements outlined herein. (2) No application, permit or fee is required of network providers for: a. routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; b. replacing or upgrading facilities that are substantially similar in size or smaller; and that do not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or C. the installation, placement, maintenance, operation, or replacement of micro network nodes or similar structures that are strung on cables between existing poles or node support poles, in compliance with the National Electric Safety Code. If, however, traffic will be affected by the installation, placement, maintenance or replacement of a micro network node or similar structure, a traffic control plan is required per Section 14.03.212. (3) Substantially similar shall mean: a. the new or upgraded facility, including the antenna or other equipment element, will not be more than ten (10) percent larger than the existing facility or 10 feet, whichever is greater; or the extension of facilities less than six feet from a tower; or the new or upgraded pole will not be more than ten (10) percent higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by Local Government Code Chapter 284, as may be further amended; or increasing the size of ground equipment cabinets by ten percent in height or volume; and b. the replacement or upgrade does not include replacement of an existing pole; and c. the replacement or upgrade does not defeat existing concealment elements of a pole; and d. the determination of whether a replacement or upgrade is substantially similar is made by measuring from the dimensions of the facilities as approved by the city. (4) Although no application, permit or fee is required, the city requires advance notice of the work described above and approval of the pole's owner for that specific address. Work under this section must still meet all other requirements in this division. (c) Permits Generally. (1) Permits will be issued in the name of the agency or network provider that will own the facilities. Permits for public infrastructure will be issued in the name of the public infrastructure contractor. (2) Any agency with a current, unexpired consent, franchise; agreement or other authorization from the city (grant) to use the public rights-of-way that is in effect at the time this division takes effect shall continue to operate under and comply with that grant, unless prohibited by law, until the grant expires'or until it is terminated by mutual agreement of the city and the agency or as otherwise provided for by law. (3) Construction, excavation, or work area. No agency, network provider, or public infrastructure contractor shall perform construction, excavation, or work in an area larger or at a location different, or for a longer period of time than that specified in the permit or permit application. If, after construction, excavation, or work is commenced under an approved permit, it becomes necessary to perform construction, excavation, or work in a larger or different area than originally requested under the application or for a longer period of time, the agency or public infrastructure contractor shall notify the city engineer immediately and, within twenty-four (24) hours, shall file a supplementary application for the additional construction, excavation, or work. (5) Permit transferability or assignability. The agency, network provider, or public infrastructure contractor may subcontract the work to be performed under a permit if the agency, network provider, or public infrastructure contractor is responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable upon written notice to the city engineer that the transferee or assignee has posted all required security pursuant to this division. Any transferee or assignee shall be bound by all requirements of the permit and this division.Thephysical construction of public infrastructure, excluding agency infrastructure and facilities installed by network providers, in new developments is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until accepted by the city. Any agency or public infrastructure contractor performing work on infrastructure that is within a public right-of-way, but prior to infrastructure acceptance by the city, shall obtain a permit from the city and permission from the owner of all of the infrastructure in the public right-of-way. The agency or public, infrastructure contractor shall be financially responsible to the owner of the infrastructure to carry out all remedial work necessary to receive acceptance by the city of that infrastructure. This financial obligation shall apply only to the work in the public right-of-way done by the agency or public infrastructure contractor. The city will not accept for dedication public infrastructure if the work performed on that infrastructure is not in accordance with applicable city specifications. (6) Any agency, network provider, or public infrastructure contractor found to be conducting any excavation activity within the public right-of-way without having first obtained the required permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a permit before work may be restarted. (7) The city may institute all appropriate legal action to prohibit any agency, network provider, or public infrastructure contractor from knowingly using the public rights-of-way unless the agency or public infrastructure contractor has complied with the terms of this division. Sec. 14.03.199 — Right -of -Way Permit application; permit contents. (a) General to all Right -of -Way Permits (1) Application submissions. Each application for a permit shall be submitted using the required form, which may be obtained from the engineering department. The applicant must determine what type of permit is sought and complete the correct application. The city is not responsible for determining that the correct application was completed by the applicant and approval of a permit contrary to the provisions of this division does not create a vested right. a. Required disclosures on application. The applicant shall disclose if the applicant proposes that the facilities will be located in: a historic district; within one hundred fifty (150) feet; near a historic site, or a structure or landmark recognized as historic by the_city, state or federal government; within a park; within a residential district; or in an area that has undergrounding requirements. b. Drawings. The applicant shall provide detailed drawings in electronic form, with calculations and dimensions to show strict conformity to the size, distance and spacing limitations in this division. C. Format. The applicant requesting a permit shall provide the city with documentation in the format specified by the city. . d. Interference. The applicant shall provide analysis indicating that the proposed facilities will not cause any interference with city public safety radio system, traffic signal light system, or other city safety communications components. e. Address and Location. The applicant must provide the specific address for all facilities that will be located on a pole. Addresses are determined by the City of Beaumont GIS Department. The applicant shall provide a dated aerial photograph of the overall site depicting the site's relation to major streets and highways and poles. For any application requesting a new pole, photos are required showing the before and after conditions. f. Other Required Permits. The applicant must ascertain, in consultation with the city, whether any other authorizations from the city will be required in order for the proposed installation to be made and completed. For all applications for the installation or construction of wireless facilities, including network nodes and node support poles, if any such additional authorizations are required, the applicant is responsible for providing all the information necessary for the city to review and act on the additional authorizations. Such additional authorizations that must be included with the application shall include, but not be limited to, executed agreement(s) with the city for attachment to service poles, as provided in Section 14.03.1.99(b)(4)(e). g. Completeness. The application is not complete unless it contains all information required by this division, requested on the application form, and required by any supplemental list of required documentation provided by the city with the application form. (2) No person, agency, network provider, or public infrastructure contractor shall install facilities or otherwise encroach upon the right-of-way or make a pavement cut ,or excavate in a public right-of-way without first obtaining a permit from the engineering department, except in an emergency or without having first made contact with the City in times of emergency. (3) If the project lies within a TxDOT, Entergy, JCDD6, LNVA or any other agency's right-of-way, the applicant must provide evidence of a permit from the State, Federal Government or other appropriate agency at the time of application. (4) Franchised agencies and agencies that are certificated telecommunications providers have prior authorization to do work in public rights-of-way. However, an agency's use of the public rights-of-way is subject to and must occur in accordance with State of Texas laws, federal laws, and city ordinances, policies, standards and procedures. Said use is non-exclusive and does not establish priority for use over other franchise holders, permit holders, or the city. A permit issued by the City of Beaumont is required for all work done in the public rights-of-way, except as indicated in Section 14.03.198(b). (5) New residential service connections do not require a permit under this division. However, a building permit may be required from the building inspections department. An agency or public infrastructure contractor must inquire with the building inspections department as to whether a permit is required for such service connections. Maintenance or replacement of existing service connections that, requires excavation will require a permit under this division. (6) The city shall state on the permit the activity for which the permit is issued and any additional restrictions or requirements that have been placed upon the permit besides those incorporated into the permit by this division, the Zoning Ordinance, or other law or regulation, as applicable. (7) All construction and installation in the public rights-of-way shall be in accordance with the permit issued for the facilities. The city engineer shall be provided access to the work and to such further information as he or she may reasonably require to ensure compliance with the permit. (8) A copy of the right-of-way construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city engineer at all times when construction or installation work is occurring. (9) The agency, network provider, or public infrastructure contractor shall update any new information on permit applications within ten (10) business days after any change occurs. (10) Agencies, network providers, or public infrastructure contractors may apply jointly for permits to work in public rights-of-way at the same time and place. (11) All permit holders must contact the Public Works Department.by telephone at least forty-eight (48) hours before work begins under the permit. (12) If no work has begun on a network node permit within six months of final approval of the permit, or within thirty (30) calendar days of final approval for a standard right-of-way permit, the permit shall be void, and a new permit shall be required. (13) A sixty (60) day extension to a permit may be granted if requested by the agency, network provider, or public infrastructure contractor in writing to the engineering department. Such a request must be made before the permit expires. If no call for the cancellation of a permit, or for an inspection after completion of the work, is received within the sixty (60) day extension period, the permit shall be void, and a new permit shall be required. (b) Types of permits: (1) Standard Right -of -Way Permits. a. A standard right-of-way permit is required whenever a cut or excavation is made in a public right-of-way by an agency or public infrastructure contractor. b. Application for a standard right-of-way permit shall be made no less than two (2) City of Beaumont business days prior to the date of the proposed activity. If the proposed cut or excavation is to be made in the public rights-of-way dedicated to the State of Texas, a city permit is required in addition to any and all permits required by the state or other agencies. A city permit is required although specific authority has been granted by the engineering department to cut a paved street, curb or alley as a part of a new construction project. C. There is no fee for a standard right-of-way permit. There is, however, an annual fee for use of the Right of Way and a. contract with the City is required. Where such fees are not otherwise determined by franchise or prohibited by state or federal law: 1. Fee per linear foot: $1.75 2. Fee per street crossing $1,000.00 d. Late fees may be assessed as allowed by law. e. The contract shall determine any inflator for the annual fee, and if the contract expires, the rate in effect on the date of expiry shall be the initial rate for any additional contract terms. (2) Permits issued under emergency conditions. Any agency, network provider, or public infrastructure contractor maintaining facilities in the public rights-of- way may proceed with repairs upon existing facilities without a permit when emergency circumstances demand that the work be done immediately. The agency, network provider, or public infrastructure contractor doing the work shall notify the engineering department no later than the next business day by telephone or e-mail when an emergency permit is required. A permit application for the proper permit under this section must be submitted and the fee, if any, paid no later than the next business day after the work is commenced. (3) Standard Right -of -Way Maintenance permits. a. A maintenance permit is required whenever work is being done by an agency or infrastructure contractor in or on a major thoroughfare and no cut or excavation is required. b. Application for a maintenance permit must be submitted no later than the business day prior to the date of the proposed maintenance work. Applications may be submitted in person or e-mail to the engineering department. c. - The requirements outlined for permits issued under emergency conditions in subsection (2) of this section apply to maintenance permits, as do the remaining requirements of this division. (4) Small Cell Right -of -Way Permits. a. A small cell right-of-way permit is required for network providers. The permit may be for transport facilities, network nodes, or network node support poles. b. Fees per application for network nodes, transportation facilities, and poles are the maximum allowed by Texas Local Government Code Chapter 284 or the Order, whichever is lower, as further amended. C. A small cell maintenance permit is required for any activity in the right-of- way unless an exception in Section 14.03.198(b)(2) applies. A small cell maintenance permit is subject to the same fees, requirements and timeframes as a small cell right-of-way permit. ' d. Transport Services. Network providers may obtain transport service from a person or entity that is paying city fees to occupy the public right-of- way that are equivalent to transport fees stated in Sec. 14.03.205(b). If third -party transport services are used, the network provider must identify the third -party provider, and provide documentation, at the time of filing the application, that the third -party transport service provider is paying city fees and that the network provider has received written permission to use such transport services for the specific address. e. Collocation on a Service Pole. An applicant proposing collocation on a city -owned service pole must submit a copy of the signed agreement with the city allowing the collocation on the city -owned service pole located at a specific location at the time of filing the permit application. f. Installation of Network Node. For purposes of determining annual and monthly fees for wireless facilities under section 14.03.205(a), the city will assume, installation of the facilities six months from the date the permit is approved. g. Application Completeness, timeframe. Not later than the 30th day after the date of receipt of an application for a permit for a transport facility, network node or node support pole, the city shall determine whether the application is materially complete and notify the applicant of that determination. If the city determines that the application is incomplete, the city shall specifically identify the missing information in the notification to the applicant, with reference to the specific rule or regulation requiring the information. h. Approval or Denial of Application, timeframe. Unless the time periods herein are tolled or extended by written agreement between the city and the applicant, the city will approve or deny applications according to the following: (A) for applications for one or more new node support poles, no later than the 90 h day after the date of receipt of a materially complete application; (B) for applications for one or more network nodes on existing poles or structures, no later than the 60th day after the date of receipt of a materially complete application; (C) for applications to install network nodes on a mixture of existing and new poles, no later than the 90th day after the date of receipt of a materially complete application; (D) for a transport facility, no later than the 21St day after the date of receipt of a materially complete application. Tolling of timeframe. If the city has notified the applicant that the application is materially incomplete, the time frame for the city's review is tolled until the applicant provides the required information or documents, as provided in the Order. Documentation for Denial. If the city denies a complete application, it must document the basis for the denial, including the specific applicable code provision or other municipal rule, regulation, or other law on which the denial is based. The city shall send the documentation of the reason for denial by electronic mail to the applicant on or before the date the city denies the application. k. Cure after Denial. Not later than the 30th day after the date the city denies the application, the applicant may cure the deficiencies identified in the denial documentation and resubmit the application without paying an additional application fee, other than a fee for actual costs incurred by the city. Notwithstanding Subsection (h), the city shall approve or denX the revised completed application after a denial not later than the 90 day after the date the city receives the completed revised application. The city's review of the revised application is limited to the deficiencies cited in the denial application. I. Fees are $500 per application covering up to five network notes, $100 for each additional network node per application, $1,000 per application per new pole, and annual fee per network node of $270. (c) Denial, suspension, or revocation of a permit. (1) Denial of a permit. A permit may be denied for any one of the following reasons: The proposed activity will substantially interfere with vehicular or pedestrian traffic and no procedures, or procedures which are inconsistent with this division, have been implemented to minimize the interference. a. The proposed construction will substantially interfere with another activity for which a permit has been issued, or will conflict or interfere with existing facilities already in the public right-of-way. b. The proposed barricading, channelizing, signing, warning or other traffic control procedures or equipment do not comply with the requirements of the Texas Manual on Uniform Traffic Control Devices. c. The activity or the manner in which it is to be performed will violate a city ordinance or regulation or a state or federal statute or regulation. d. The agency, network provider, or public infrastructure contractor requests to cut a city -maintained street that can be crossed by jacking, boring or tunneling. e. There is a lack of available space. The agency, network provider, or public infrastructure contractor: 1. Does not have liability insurance as required by section 14.03.202; 2. Has consistently failed to perform in accordance with the requirements of this division; 3. Has failed to furnish all of the information required by this division or, except for good cause shown, to file the applications within the time prescribed by this division; 4. Has misrepresented or falsified any information in the applications; 5. Has failed to comply with the performance warranty/guarantee as provided in this division; 6. Is not in compliance with applicable requirements of an existing permit issued under this division; 7. Does not have a contractor's license or other required license; or 8. Has not compensated the city, unless the agency, network provider or public infrastructure contractor is not legally obligated to compensate the city by contract, by agreement, or by law for using public property. (2) Suspension or revocation of a permit. The city engineer may suspend by stop work order or revoke any or all permits granted to allow work in the public rights-of-way on the same grounds on which a permit may be denied under subsection (c)(1) or for the following reasons and subject to the procedural guidelines noted in this division and any agreement that applies to the agency, network provider, or public infrastructure contractor using the public rights-of-way, as well as any limitations imposed by federal or state law: a. Failing to comply with an order of the city engineer; b. The recognition that a permit was issued in error; C. Failing to comply with restrictions or requirements placed on the permit by the city engineer; d. The city manager reasonably determines that the disconnection, removal, or relocation of equipment (a) is necessary to protect the public health, safety, welfare, or city property, (b) equipment, or portion thereof, is adversely affecting proper operation of streetlights or city property, or (c) there is imminent danger to the public; or e. Violating any provision of this division. (3) The city engineer shall provide written notice of a denial, suspension or revocation to the agency, network provider, or public infrastructure contractor. Construction that is suspended may not resume until the city engineer determines that the agency, network provider, or public infrastructure contractor has corrected the violation, noncompliance, or hazard that caused the suspension. (4) A permit that was revoked due to failure to comply with an order of the city engineer, failure to comply with the restrictions or requirements placed upon the permit by the city engineer, a violation of this division, or for public health, safety or welfare reasons may be reinstated by the city engineer if the city engineer determines that: a. The agency, network provider, or public infrastructure contractor has corrected the violation, noncompliance, or hazard that caused the revocation or denial; and b. The health, safety and welfare of the public is not jeopardized by reinstating or issuing the permit. (5) An agency or public infrastructure contractor may appeal a permit denial, suspension, or revocation in accordance with the provisions of section 14.03.201 of this division. Sec. 14.03.200. - Facility size and locations. These provisions apply to all facilities, including those of franchise utilities, unless specifically contradicted in the franchise. agreement. (a) Location in Right of Way, generally. Facilities and related ground equipment shall be placed within two (2) feet from the outer edge of the Right -of -Way line and three (3) feet from back of curb to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way, unless on an existing pole. (b) Location in Right of Way, new development. All facilities in new developments shall be located in accordance with Exhibits 1, 2, and 3, unless an alternative location has been approved by the city engineer. Such utility locations are hereby adopted as standard locations for facilities in new developments. The intent of these items is that they serve as a standard, not only to agencies, network providers, and public infrastructure contractors working under city permit, but also to all city agencies whose routine business requires the installation, repair or relocation of utilities. (c) Location in Right of Way, existing development. New facilities to be installed in previously developed streets should be located as in Exhibits 1, 2, 3 and 4. If that location is already being used by another facility, the new facility shall be located such that it does not interfere with other facilities, both existing and future. No new facilities shall be located longitudinally in a median or under existing or proposed pavement, unless permitted by the city engineer. (d) New Poles. (1) Antenna poles are to be installed pursuant to the design detail as shown on attached Exhibit "A" and made a part hereof. The single globe lighting is optional. (2) Materials. Poles located in medians must be constructed of steel or concrete, or other material approved by the city engineer. Wood poles are prohibited. (3) Pole Height. New poles or modified utility poles may not exceed the lesser of: a. Ten (10) feet in height above the tallest existing utility pole located within five -hundred (500) linear feet of the new pole in the same public right-of- way; or b. Fifty-five (55) feet above grade level. (4) Pole Spacing. In order to avoid congestion of right-of-way caused by multiple pole installations, minimize the hazard of poles adjacent to roadways, minimize the effect on property values, and to maintain the aesthetics of the area by avoiding the negative impact on the public of unsightly proliferation of poles in the right-of-way, poles shall be spaced as provided herein. New poles, including new utility service poles, shall be spaced apart from existing utility poles or node support poles at the same distance as the spacing between utility poles in the immediate proximity, but no less than at a minimum one hundred and fifty (150) feet from a utility pole or another node support pole. New poles must be ten (10) feet from a driveway, twelve (12) feet from the dripline of existing trees, fifteen (15) feet from a pedestrian ramp, twenty (20) feet from a traffic signal pole, and eighteen (18) inches from the paved area of a sidewalk. In non-residential zoning districts, facilities shall be located between tenant spaces, storefront bays or adjoining properties where their shared property lines intersect the right-of-way. In residential zoning districts, facilities shall be located where the shared property line between two residential parcels intersects the right-of-way. Access by vehicles or pedestrians may not be blocked by poles. (e) Attachments to City -Owned Service Poles. (1) In accordance with Agreement. Installations on all service poles are restricted to network providers and shall be in accordance with an agreement. The City Manager, or his designee, may enter into these agreements on behalf of the city. (2) No electrical meters are allowed on service poles or screening walls. (3) Required industry standard pole load analysis. For proposed installations on service poles network provider shall complete and submit to the city an industry standard pole load analysis indicating that the service pole to which the network node is to be attached will safely support the load. (4) Height of attachments. All attachments on all service poles shall be at least eight (8) feet above grade. If a network node attachment projects toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above grade. (5) Installations on Traffic Signals. Installations on all traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Location on signal arms is prohibited. Installation of network node facilities on any traffic signal structures shall: a. Be encased in a conduit separate from the traffic light electronics; b. Have an electric power connection separate from the traffic signal structure; and C. Have an access point separate from the traffic signal structure. (6) Installations on Street signage. Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of Network Node facilities on any street signage structure that has electronic equipment shall: a. Be encased in a conduit separate from any city signage electronics; b. Have an electric power connection separate from the signage structure; C. Have an access point separate from the signage structure. (� Height of Equipment mounted on Poles. Pole mounted facilities shall be installed at least eight (8) feet above grade, and if a facility is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above grade. (g) Protrusion of Equipment. Pole -mounted or structure -mounted facilities shall not protrude from the outer circumference of the existing structure or pole by more than two (2) feet. (h) Size of pole, mounted equipment. Pole mounted enclosures may not be taller than five (5) feet. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches and vertical cable runs for the connection of power and other services. (i) Antenna size. Each antenna that does not have exposed elements and is attached to an existing structure or pole: must be located inside an enclosure of not more than six cubic feet in volume; may not exceed a height of three (3) feet above the existing structure or poles or extend the height of the structure on which it is mounted by more than 10% above the preexisting height; and may not protrude from the outer circumference of the existing structure or pole by more than two (2) feet. If an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna's exposed elements: must fit within an imaginary enclosure of not more than six cubic feet; may not exceed a height of three (3) feet above the existing structure or pole or extend the height of the structure on which it is mounted by more than 10% above the preexisting height; and may not protrude from the outer circumference of the existing structure or pole by more than two (2) feet. Antennas with exposed elements must be mounted flush with the pole near the top. The cumulative size of other equipment associated with the equipment attached to an existing structure or pole may not: be more than 28 cubic feet in volume. (j) Limitation on Equipment on Poles. There shall be no more than one network node on any one pole. (k) Private pole owner permission. Network providers must have written approval of the utility pole owner for each specific pole address and location on such pole. Written permission must be submitted with the application for a right-of-way permit. (1) Electric Code. All poles must meet National Electric Code clearance standards. Equipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner's construction standards. (m) Existing telephone or electrical lines between existing utility poles. Micro network nodes lashed on existing telephone or electrical lines between existing utility poles and not placed on utility poles, node support poles or service poles, are exempted from the requirements for submitting a right-of-way application, obtaining a right- of-way permit, and payment of a right-of-way access fee. (n) Prohibition on Overhead Facilities and Overhead Transport Facilities. In order to protect, maintain, and promote the appearance and natural surroundings in public parks and certain residential areas by avoiding the negative impact on the public of unsightly proliferation of poles in the right-of-way, facilities may not be installed overhead in a public right-of-way if the public right-of-way is in a park or is adjacent to a street or thoroughfare that is both Class E+ or smaller and is in an area zoned residential or restricted to residential use by deed restrictions. All transport facilities must be underground in the. above-mentioned areas. Underground facilities are required for standard permit holders along Type D or smaller thoroughfares. (o) Underground construction and use of poles. As required by the subdivision ordinance of the city, and the comprehensive zoning ordinance as it relates to overlay districts, and when required by general ordinances, deed restrictions, regulations or rules of the city or applicable state or federal law, and in order to protect, maintain, and promote the appearance of areas within the city that have been designated as underground areas, to promote and protect the public health by avoiding the intangible public harm or unsightly or out -of -character deployments, the agency's, network provider's, or public infrastructure contractor's new facilities shall be placed underground at agency's; network provider's, or public infrastructure contractor's expense. Underground facilities must be buried at least two (2) feet below surface level. Placing facilities underground does not preclude the use of otherwise acceptable ground -mounted equipment appurtenant to underground facilities, unless such ground -mounted equipment is otherwise prohibited. Related equipment, such as pedestals, must be placed in accordance with the city's applicable code requirements and rules, including all visibility easement requirements. In areas where existing facilities are aerial, the agency, network provider, or public infrastructure contractor may install aerial facilities. If a location is designated by the city to be an underground requirement area, then an agency's or network provider's permit for the location of the facilities, at such location will be revoked ninety (90) calendar days after the designation, with removal of said facilities at such location within ninety (90) calendar days of such designation, or as otherwise reasonably allowed by the city for the transition of other overhead facilities. Placement of street -related poles and facilities above grade in the right- of-way, including but not limited to stop signs and street lights, does not preclude an area from designation as an area requiring undergrounding and placement of facilities on street -related poles in an area requiring undergrounding is prohibited. (p) Ground Equipment, parks and public art. For the safety of park patrons, particularly small children, to preserve the investment made by the community in parks and public. art, to protect, maintain, and promote the appearance and natural surroundings in public parks by avoiding the negative impact on the public of out - of -character deployments„ and to allow full lines -of -sight near park property and public art, no ground equipment may be installed in a right-of-way that is within a park, within one -hundred and fifty (150) feet of the boundary line of a park, or within one -hundred and fifty'(150) feet of public art. (q) Ground Equipment, generally. Ground equipment shall be minimal and the least intrusive. In order to minimize negative visual impact to the surrounding area, and to enhance the safety requirements of line of sight of pedestrians, particularly small children, the city engineer may deny a request for a permit for a proposed location of ground equipment where existing ground equipment within one hundred fifty (150) feet already occupies a footprint of 28 cubic ft. or more to minimize effect on property values and aesthetics on the area. Ground equipment shall be of a neutral color, and use exterior building materials that are compatible with surrounding structures, as determined by the planning director. (r) Concealment and enclosure, generally. To the extent technically feasible, facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole. shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized. Guy wires, anchors, pedestals, boxes, and other above grade facilities shall not fully or partially encroach within a sidewalk area, including a clear vertical clearance of seven and one-half (7.5) feet above the sidewalk. (s) Preserve Sight Visibility and Access. No above -,ground facilities shall be located closer than three (3) feet from the back of street curbs or edge of alley or within the sight visibility area. Accessibility to property may not be compromised by above -ground facilities except during construction. (u) Historic District criteria. Stealth or concealment of facilities and poles shall be required by the city with decorative poles, in historic districts. Applications for placement of facilities in a historic district must include proposed stealth or concealment measures and include decorative poles, design provided herein. Micro network nodes may not be lashed on lines in a historic district, a minor residential street abutting a residential district, or an area adjacent to a park. Historic Districts within the city are zoned as H -C, Historic -Cultural Landmark Overlay and RCR-H, Residential Conservation and Revitalization, as such zoning may be amended. Historic Landmarks are those properties individually zoned as HC -L, Historic -Cultural -Landmark as such zoning may be amended. (v) Utility easements. Above -ground facilities and poles are prohibited in a utility easement if such utility easement is not adjacent to and parallel with a public way, except with the written permission of the underlying fee owner. The city may rely upon county appraisal records to determine the ownership of the fee interest in the property. Poles must be spaced 150 feet or more from any existing pole. Applications for permit under Section 14.03.199(b) must be accompanied by a site plan. All other requirements of this Division apply. This section shall not prohibit the replacement of existing poles or structures in such utility easement. No facilities or poles are to be installed in an exclusive water or sewer easement. (w) Colors. In order to avoid or remedy the intangible public harm of unsightly or out -of - character deployments, all equipment mounted on a pole, including antennas, must match the color of the pole. Colors for all facilities in historic districts must be in accordance with approved historic district design guidelines. (x) Temporary utilities. Temporary utilities may be located in non-standard locations. (y) General construction and maintenance requirements. Facilities and poles shall be constructed and maintained in a manner that does not: (1) obstruct, impede, or hinder the usual travel or public safety on a public right- of-way; (2) obstruct the legal use of a public right-of-way by other utility providers; (3) violate applicable codes, statutes, historic preservation laws, or other law; (4) interfere with the city's public safety infrastructure; (5) violate or conflict with this division; or (6) violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and the Texas Accessibly Standards. (z) Compliance with AASHTO. All facilities in the right-of-way must meet the requirements and guidelines outlined in the AASHTO Roadside Design Guide in effect at the time of application. Sec. 14.03.201. -Appeals. (a) Applicability. Appeals may be filed pursuant to this section related to interpretations of this division, decisions of the city engineer related to the final denial, suspension, or revocation of a permit, or if the applicant believes that the final denial of a permit materially inhibits the provision of service in violation of Sections 253 or 332 of the Telecommunications Act of 1996. However, the appeal process provided by this section shall not be available for criminal violations of this division. An appeal filed pursuant to this section does not postpone the effectiveness of the final decision of the city engineering regarding denial, suspension or revocation of a permit. The city engineer's decision is the final decision under Texas Local Government Code Section 284.154(d). The city engineer may adopt rules regulating the process and requirements for appeals. (b) Appeal to city manager. A permittee or applicant may appeal interpretations or decisions referred to in subsection (a) above by filing a written appeal with the city manager within seven (7) business days of receipt of denial, suspension, or revocation of the permit. An appeal filed pursuant to this section shall specifically. state the basis for the aggrieved party's challenge to the city engineer's interpretation or decision under this division. The city manager may adopt rules regulating the process and requirements for appeals. (c) Issuance of decision by city manager. Decisions of the city manager shall be issued within ten (10) business days of receipt of the written appeal. Decisions of the city manager shall be final. Failure to render a decision shall constitute a denial. Sec. 14.03.202. - Insurance requirements. (a) Agencies and Network Providers. Each agency or network provider applying for a permit shall obtain, maintain, and provide proof of the each of the following types of insurance and coverage limits. These insurance policies shall be underwritten by insurance companies with an A.M. Best Rating of A VI or better. (1) Commercial general liability on an occurrence form with minimum limits of five million dollars ($5,000,000.00) per occurrence and ten million dollars ($10,000,000.00) aggregate. This coverage shall include the following: a. Products/completed operations to be maintained for one (1) year. b. Personal and advertising injury. C. Owners and contractors protective liability. d. Explosion, collapse, or underground (XCU) hazards. (2) Automobile liability coverage with a minimum policy limits of one million dollars ($1,000,000.00) combined single limit. This coverage shall include all owned, hired and non -owned automobiles. (3) Workers compensation and employers liability coverage. Statutory coverage limits for Coverage A and five hundred thousand dollars ($500,000.00) Coverage B employers liability is required. (b) Public Infrastructure Contractors. Each public infrastructure contractor applying for a permit shall obtain, maintain, and provide proof of insurance for the same types of insurance coverages outlined in subsection (a) above; however, the policy limits under the general liability insurance shall be one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. All other coverage provisions outlined in subsection (a) above shall apply. (c) The method for proof of insurance is a certified copy of the insurance policy. The city reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the city manager determines that changes in statutory law, court decisions, or the claims history of the industry, the agency, network provider, or public infrastructure contractor require adjustment of the coverage. (d) The city will accept certificates of self-insurance issued by the State of Texas or letters written by the agency in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, certificates of self-insurance must be approved in advance by the risk manager for the city. (e) The agency, network provider or public infrastructure contractor shall furnish, at no cost to the city, copies of certificates of insurance evidencing the coverage required by this section to the city. If the city requests a deletion, revision or modification, the agency, network provider, or public infrastructure contractor shall exercise reasonable efforts to pay for and accomplish the change. (1) The agency, network provider, or public infrastructure contractor shall file and maintain proof of insurance with the engineering department. An insurance certificate obtained in compliance with this section is subject to city approval, through the city's insurance advisor. The city may require the certificate to be changed to reflect changing liability limits. An agency, network provider, or public infrastructure contractor shall immediately advise the city attorney of actual or potential litigation that may develop which may affect an existing carrier's obligation to defend and indemnify the city. (g) Such insurance shall be kept in full force and effect during the period of time for which a permit shall be issued or the space occupied. Insurance coverage must be available on a "per project" basis. (h) An insurer has no right of recovery against the city. The required insurance policies shall protect the agency or public infrastructure contractor and include the city as an additional insured. The insurance shall be primary coverage for losses covered by the policies. (i) The policy clause "other insurance" shall not apply to the city. Q) The agency, network provider, or public infrastructure contractor shall pay premiums and assessments. A company that issues an insurance policy has no recourse against the city for payment of a premium or assessment. Insurance policies obtained by an agency, network provider, or public infrastructure contractor must provide that the issuing company waives all right of recovery by way of subrogation against the city in connection with damage covered by the policy. (k) Each policy must include a provision that requires the insurance company to notify the city in writing at least thirty (30) calendar days before canceling or failing to renew the policy or before reducing policy limits or coverages. (1) Each agency must comply with the insurance requirements in this section, unless the agency's current franchise or license agreement with the city specifically addresses insurance requirements, in which case the franchise or license agreement shall control. Sec. 14.03.203. - Indemnification. (a) To the extent authorized by law, each certificated telecommunications provider, agency, network provider, or public infrastructure contractor placing facilities in the public rights-of-way shall indemnify, and hold the city and its officers and employees harmless from and against all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the agency, network provider, or public infrastructure contractor any agent, officer, director, representative, employee, affiliate, or subcontractor of the certificated telecommunications provider, agency, network provider or public infrastructure contractor, while installing, repairing, or maintaining facilities in a public right-of-way. (b) The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the city, its officers, employees, contractors, or subcontractors. If a certificated telecommunications provider, agency, network provider, or public infrastructure contractor and the city are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of state without, however, waiving any governmental immunity available to the city under state law and without waiving any defenses of the parties under state law. (c) This section is solely for the benefit of the city and the certificated telecommunication provider, agency, network provider or public infrastructure contractor and does not create or grant any rights, contractual or otherwise, to any other person or entity. Sec. 14.03.204. - Performance warranty/guarantee. (a) Any warranty made hereunder shall serve as security for the performance of work necessary to repair the public rights-of-way if the agency, network provider, or public infrastructure contractor fails to make the necessary repairs or to complete the work under the permit. (b) The agency, network provider, or public infrastructure contractor, by acceptance of the permit, expressly warrants and guarantees complete performance of the work affecting the city's right-of-way in a good and workmanlike manner acceptable to the city and warrants and guarantees all such work done for a period of one (1) year after the date of acceptance and agrees to maintain upon demand and to make all necessary repairs during the one-year period. This warranty shall include all repairs and actions needed as a result of: (1) Defects in workmanship; (2) Settling of fills or excavations; (3) Any unauthorized deviations from the approved plans and specifications; (4) Failure to barricade; (5) Failure to clean up during and after performance of the work; (6) Restoration of improvements including, but not limited to, landscaping and irrigation; or (7) Any other violation of this division or the ordinances of the city. (c) The one-year warranty period shall run from the date of the city's acceptance of the work which shall be the date of the letter of acceptance issued by the city to the agency, network provider, or public infrastructure contractor. If repairs are required during the one-year warranty period, those repairs need only be warranted until -the end of the initial one-year period starting with the date of acceptance. It is not necessary that a new one-year warranty be provided for subsequent repairs after probationary acceptance. (d) At any time prior to completion of the one-year warranty period, the city may notify the agency, network provider, or, public infrastructure contractor of any needed repairs. Such repairs shall be completed within twenty-four (24) hours if the defects are determined by the city to be an imminent danger to the public health, safety, and welfare. Non -emergency repairs shall be completed within fifteen (15) calendar days after notice. Sec. 14.03.205. Annual and Monthly Rates for Use. (a) An annual public right-of-way rate for use of the public right-of-way is assessed to all owners of network nodes in an amount equal to the lower of the greatest amount allowed by Texas Local Government Code Chapter 284 and the greatest amount allowed by federal law, as further amended, multiplied by the number of network nodes installed in the public right-of-way within the city's boundaries. For purposes of calculating the rate, the date of installation shall be six months from the date of permit approval. Fees will continue until the owner of the network node notices the city of abandonment of the facility pursuant to Section 14.03.217. (b) A network who is not obtaining transport from a CTP paying municipal fees equal to or exceeding $28 per month per node provider must pay a monthly public right-of- way rate for transport facilities in an amount equal to the lower of the greatest amount allowed by Texas Local Government Code Chapter 284 and the greatest amount allowed by federal law, as further amended, multiplied by the number of the network provider's network nodes located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider's payment of city fees to the city exceeds its monthly aggregate per -node compensation. The monthly fee shall begin six (6) months from the date of permit approval. Fees will continue until the network provider notice's the city of abandonment of the transport facilities pursuant to Section 14.03.217. (c) A network provider must pay the an amount equal to the lower of the greatest amount allowed by Texas Local Government Code Chapter 284 and the greatest amount allowed by federal law, as further amended, per year per service pole for collocation of a network node on a city -owned service pole. The monthly fee shall begin six (6) months from the date of permit approval. Fees will continue until the owner of the network node notices the city of the abandonment of the facility pursuant to Section 14.03.217. (d) Late fees may be assessed as allowed by law. Sec. 14.03.206. - Registration. (a) In order to protect the public health, safety and welfare, all agencies, network providers, and public infrastructure contractors placing facilities or engaging in construction, excavation, encroachments, and work activities within or upon any public right-of-way must register with the City of Beaumont. Registration must be renewed annually on or before January 31. Annual renewal is required to allow the city to contact, the current owners of facilities when emergencies arise and to coordinate infrastructure in the right-of-way. The registration form to be used may be obtained from the engineering department. If a registration is not renewed, and subject to sixty (60) calendar days notification to the agency, all facilities owned by agency within the city will be deemed to have been abandoned and shall become the property of the city. When any information provided for the registration changes, the agency or public infrastructure contractor shall notify the City of Beaumont of the change no more than thirty (30) calendar days after the date the change is made. Registration shall include: (1) The name, address, and telephone number(s) of the owner of the facilities to be located in the public rights-of-way, including the business name, assumed name, or trade name under which the agency operates or under which it has operated within the past five (5) years. In the case of a public infrastructure contractor, the name, address, and telephone number(s) of the public infrastructure contractor and the name, address, and telephone number(s) of the developer for whom the public infrastructure contractor is working. (2) The name(s), address(es) and telephone number(s) of the person(s) who will be contact person(s) for the owner. (3) The name(s), address(es) and telephone number(s) of any contractor(s) or subcontractor(s) who will be working in the public rights-of-way on behalf of the owner. (4) The name and telephone number(s) of an emergency contact for the owner who shall be available twenty-four (24) hours a day. (5) The name(s), address(es) and telephone number(s) of the person(s) who will be attending the utility coordination meetings for the owner. (6) The name(s), address(es) and telephone number(s) of the person(s) who will be receiving plans of city construction projects on behalf of the owner. (7) The name, address, and telephone number(s) of the person who will be responsible for receiving notification of abandonment issues on behalf of the owner. (8) Proof of insurance as required by section 14.03.202. (9) For agencies that are certificated telecommunications providers, a copy of the notice of approval issued by the Public Utility Commission of Texas that grants the certificated telecommunications provider a service provider certificate of operating authority (SPCOA) or certificate of convenience and necessity (CCN). (10) The ordinance number of any franchise or license, if any, issued by the City of Beaumont that authorizes the owner to use the public rights-of-way. (b) Registration shall be a prerequisite to issuance of a permit. Each agency, network provider, and public infrastructure contractor shall update and keep current its registration with the city at all times. Sec. 14.03.207. - Plans of record (a) Any agency or network provider with facilities in the public rights-of-way shall submit plans of record in accordance with the following requirements: (1) A city Street Map marked in such a manner as to evidence which Type D and above thoroughfares along which the agency or network provider has placed facilities (not including boxes and other appurtenances) shall serve as the plans of record for the agency or network provider. The address and GPS coordinates must be included for any pole or equipment collocated on a pole. The city Street Map will be made available in a digital format upon request to the city engineer. (2) On or before January 31 of each calendar year following the initial submittal of its plans of record, an agency or network provider shall provide to the city engineer plans of record that show all installations of new facilities, and all changes, additions, abandonments, and relocations relating to existing facilities completed in the previous calendar year, including the address and GPS coordinates for such facilities. (b) Plans of record shall not include information that is a trade secret or other confidential information protected from disclosure by state law. Information marked "proprietary" or "confidential" will not be accepted by the city. Location information is not a trade secret or proprietary/confidential information, and this subsection may not be construed to authorize an agency or network provider to fail to provide location information. Sec. 14.03.208. - General rights-of-way use and construction. (a) Responsibility for Employees, courtesy and drug policy. Agencies, network providers and infrastructure contractors shall be responsible and liable for the acts and omissions of their employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, and subcontractors in connection with the installations of facilities in the right-of-way, as if such acts or omissions were agency's, Network Provider's, or public infrastructure contractor's acts or omissions. Work in the public rights-of-way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Citizen satisfaction must be a priority in using the Right -of -Way. Agencies, network providers, and infrastructure contractors shall train their employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its facilities in the right-of-way. Employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the city Manager, the employee is not interacting in a .positive and polite manner with citizens, he or she shall request that the agency, network provider or infrastructure contractor take all remedial steps to conform to these standards. It is the policy of the city to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by agency's, network provider's or infrastructure contractor's employees, contractors, subcontractors, or vendors while on city rights-of-way is prohibited.. (b) Minimal interference. Agency's, network provider's, or public infrastructure contractor's facilities shall be constructed or maintained in such a manner as not to interfere with sewers, water pipes, or any other property of the city, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the rights-of-way by, or under, the city's authority. The agency's, network provider's or public infrastructure contractor's facilities shall be located, erected, and maintained so as not to endanger or interfere with the lives of persons, or to interfere with improvements the city may deem proper to make or to unnecessarily hinder or obstruct the free use of the rights-of-way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation, or removal thereof, and shall not obstruct or impede traffic. The agency, network provider, or infrastructure contractor shall not cause any interference with city public safety radio system, traffic signal light system, or other city safety communications components. (c) Responsibilities under permit; location.of facilities. (1) A permit does not relieve an agency, network provider, or public infrastructure contractor of the responsibility to coordinate with other utilities and to protect existing facilities. An agency, network provider, or public infrastructure contractor working in the right-of-way is responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the geographic information system or the plans of record does not satisfy this requirement. (2) In performing location of facilities in the public rights-of-way in preparation for construction under a permit, agency, network provider, or public infrastructure contractor shall compile all information obtained regarding its or any other facilities in the public rights-of-way related to a particular permit and shall make that information available to the city in a written and verified format acceptable to the city engineer. (3) Protection of utilities. Before beginning excavation in any public right-of-way, an agency, network provider, or public infrastructure contractor shall contact the Texas One -Call System or any other company operating under the One - Call Statute and, to the extent required by Chapter 251 of the Texas Utilities Code, make inquiries of all ditch companies, utility companies, districts, local government departments, and all other agencies that might have facilities in the area of work to determine possible conflicts. a. Field locations shall be marked prior to commencing work. The agency, network provider, or public infrastructure contractor shall support and protect all pipes, conduits, poles, wires, or other apparatus that may be affected by the work from damage during construction or settlement of trenches subsequent to construction. b. A person shall only use a water-based paint in the public right-of-way to mark the location of existing underground utilities. A person commits an offense, if a marking he makes in the public right-of-way to mark the location of existing underground utilities remains visible longer than sixty (60) calendar days after being applied. (d) Underground Construction and Use of poles. (1) Facilities shall be maintained in an appropriate manner. (2) Should the city desire to place its own facilities in trenches or bores opened by the agency, network provider, or public infrastructure contractor, the agency, network provider, or public infrastructure contractor shall cooperate with the city in any construction by the agency, network provider, or public infrastructure contractor that involves trenching or boring, provided that the city has first notified the agency, network provider, or public infrastructure contractor in some manner that it is interested in ,sharing the trenches or bores in the area in which the agency's, network provider's or public infrastructure contractor's construction is occurring. The agency, network provider, or public infrastructure contractor shall allow the city to place its facilities in the agency's, network provider's or public infrastructure contractor's trenches and bores, provided the city incurs any incremental increase in cost of the trenching and boring. The city shall be responsible for maintaining its respective facilities buried in the agency's, network provider's or public infrastructure contractor's trenches and bores under this paragraph. (e) Joint trenching. The public rights-of-way have a finite capacity for containing facilities. The city engineer may require an agency, network provider, or public infrastructure contractor to share trench space to minimize the disruption of vehicular or pedestrian traffic. (1) All facilities shall meet any applicable local, state, and federal clearance and other safety requirements, be adequately grounded and anchored, and meet the provisions of any contracts executed between agency, network provider, or public infrastructure contractor and the other joint user. Agency, network provider, or public infrastructure contractor may, at its option, correct any attachment deficiencies and charge the joint user for its costs. (f) Excavation safety. On construction projects in which excavation will exceed a depth of five (5) feet, the agency, network provider, or public infrastructure contractor must have detailed plans and specifications for excavation safety systems. The term "excavation" includes trenches, structural or any construction that has earthen excavation subject to collapse. The excavation safety plan shall be designed in conformance with state law and Occupational Safety and Health Administration (OSHA) standards and regulations. (g) Erosion control. The agency, network provider, or public infrastructure contractor shall be responsible for storm water management erosion control that complies with city, state and federal guidelines. All installations shall comply with TxDot Erosion and Sediment Control Manual, as amended, and in accordance with Exhibit 5 to this Division. (h) On-site requirements. Agencies, network providers and public infrastructure contractors subject to this division must have a minimum of one (1) English- speaking representative at the site where work is being performed at all times. Additionally, each of agency's, or network provider's or public infrastructure contractor's vehicles shall bear a sign identifying the agency, network provider, or public infrastructure contractor that owns the vehicles. (i) Electrical Supply. Agencies, network providers and public infrastructure contracts are responsible for obtaining any required electrical power services to their facilities. The city shall not be liable for any stoppages or shortages of electrical power furnished to the facilities, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the facilities or the act or omission of any other tenant of the structure or user of the right-of-way, or for any other cause beyond the control of the city. Generators and back-up generators are prohibited in the right-of-way. Sec. 14.03.209. - No directional boring zones. In the city, the public infrastructure must be maintained and protected by all agencies, network providers, and public infrastructure contractors. The public health, safety and welfare is at risk when damages to water and sewer mains occur. To protect the water and sewer system, no person, agency, network provider, or public infrastructure contractor will be allowed to directionally bore longitudinally with water and sewer mains that are twelve (12) inches or larger. The installation of facilities in the public rights-of- way will be installed by open excavation to assure the protection of the city's water and sewer system. The city has available mapping that identifies such mains. The agency, network provider, or public infrastructure contractor is responsible for obtaining and using this information in the design of new facilities. When boring is acceptable, pothole process is required for twelve (12) inches or larger water and sewer mains or any main that is deemed critical by the city. Bore time is restricted to the following schedule: 7 a.m. to 4 p.m. Monday through Thursday, 7 a.m. to Noon on Friday and no bore on Saturday and Sunday. Missiles are not considered directional boring and are not allowed unless otherwise approved by the city. Sec. 14.03.210. - Joint planning and construction; coordination of excavations. (a) Excavations in city rights-of-way disrupt and interfere with the public use of the city streets and damage the pavement and landscaping. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among agencies, network providers, or public infrastructure contractors making excavations in public rights-of-way and between these agencies, network providers and public infrastructure contractors and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible and will ensure the excavations in city rights-of-way are, to the maximum extent possible, performed before, rather than after, the reconstruction of the streets by the city. (b) Utility coordination meeting. (1) The city will hold a utility coordination meeting a minimum of two (2) times per year. The purpose of the meeting is for the city to inform agencies, network providers, and public infrastructure contractors of proposed and current community investment projects in the City of Beaumont and also for the agencies; network providers, and public infrastructure contractors to inform each other and the city of current and future projects. Each agency, network provider and public infrastructure contractor .is encouraged to attend and participate in the meetings of the city, of which the agency, network provider, or public infrastructure contractor will be made aware. (2) The city will notify the affected agencies, network providers, and public infrastructure contractors at least six (6) months before construction will start on a city project. Preliminary plans will be provided to the affected agencies, network providers, and public infrastructure contractors at least four (4) months before the project is to start construction. Final plans will be provided to the affected agencies, network providers, and public infrastructure contractors at least two (2) months before the project is to start construction. (3) Whenever it is possible and reasonably practicable to joint trench or share bores or cutes, the agency, network provider, or public infrastructure contractor shall work with other agencies, network providers, and public infrastructure contractors so as to reduce as much as possible the number of right-of-way cuts within the city. (c) Excavation master plan. In addition to participating in the utility coordination meetings, any agency, network provider, or public infrastructure contractor owning, operating or installing facilities in public rights-of-way, providing water, sewer, gas, electric, communication, video, or other utility services, shall meet annually with the city engineer, at the city engineer's request, to discuss agency's, network provider's, or public, infrastructure contractor's excavation master plan. At such meeting, to the extent not already in possession of the city, agency, network provider, or public infrastructure contractor shall submit documentation, in a form required by the city engineer, showing the location of the agency's, network provider's, or public infrastructure contractor's existing facilities in the public rights-of-way. (1) Agency, network provider, or public infrastructure contractor shall discuss with the city engineer its excavation master plan and identify planned major excavation work in the city. The city engineer may make his own record on a map, drawing, or other documentation of each agency's or network provider's or public infrastructure contractor's planned major excavation work in the city; provided, however, that no such document prepared by the city engineer shall identify, a particular entity, or the planned major excavation work of that particular entity. (2) Each agency or public infrastructure contractor shall submit annually, on or before March 31, a revised and updated excavation master plan. As used in this subsection, the term "planned major excavation work" refers to any future excavations planned by the agency, network provider, or public infrastructure contractor when the excavation master plan or update is submitted that will affect any public rights-of-way for more than five (5) business days, provided that the agency, network provider, or public infrastructure contractor shall not be required to identify future major excavations planned to occur more than three (3) years after the date that the agency's, network provider's, or public infrastructure contractor's master plan or update is discussed. (3) Between the annual meetings to discuss planned major excavation work, agency, network provider, or public infrastructure contractor shall inform the city engineer of any substantial changes in the planned major excavation work discussed at the annual meeting. The city will not preclude an agency, network provider, or public infrastructure contractor from obtaining a permit for a project that was inadvertently excluded from the agency's, network provider's or infrastructure contractor's excavation master plan or was unknown at the time the plan was created. Sec. 14.03.211. - Minimizing the impacts of work in the rights-of-way. (a) Noise, dust, debris, hours of work. Each agency, network provider, and public infrastructure contractor shall conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the agency, network provider, or public infrastructure contractor shall take appropriate measures to reduce noise, dust, and unsightly debris. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m., except with the written permission of the city engineer, or in case of an emergency. Bore time is restricted to the following schedule: 7 a.m. to 4 p.m. Monday through Thursday, 7 a.m. to Noon on Friday and no bore on Saturday and Sunday. Missiles are not considered directional boring and are not allowed unless otherwise approved by the city. (b) Trash and construction materials. (1) Each agency, network provider, and public infrastructure contractor shall maintain the work site so that: a. Trash and construction materials are contained so that they are not blown off of the construction site. J b. Trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard. C. Trash dumpsters and storage or construction trailers are not placed in the street without written approval of the city engineer. (2) Agency, network provider, or public infrastructure contractor may only use approved trash haulers when working in the public rights-of-way. (c) Deposit of dirt and material on roadways. Each agency, network provider, and public infrastructure contractor shall eliminate the tracking of mud or debris upon any street or sidewalk. Equipment and trucks used during construction, excavation, or work activity shall be cleaned of mud and debris prior to leaving any work site. (d) Protection of trees and landscaping. Each agency, network provider, and public infrastructure contractor shall protect trees, landscape, and landscape features as required by the city and shall be responsible for supplemental maintenance and watering during construction and until restoration is complete and in accordance_ with the performance warranty made the agency, network provider, or public infrastructure contractor under this division. All protective measures shall be provided at the expense of the agency, network provider, or public infrastructure contractor. Agency, network provider, or infrastructure contractor and its contractors, and agents shall obtain written permission from the city Manager before trimming trees hanging over its facilities in, the right-of-way. When directed by the city manager, agency, network provider or infrastructure contractor shall trim under the supervision and direction of the parks director. The city shall not be liable for any damages, injuries, or claims arising from agency's, network provider's, or infrastructure contractor's actions under this section. (e) Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles with grousers are not permitted on paved surface unless specific precautions are taken to protect the surface. Agency, network provider, or public infrastructure contractor shall be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to do so will result in the use of the agency's, network provider's, or public infrastructure contractor's performance warranty/guarantee by the city to repair any damage, and, possibly, the requirement of additional warrantee(s). (f) Protection of properly. Each agency, network provider, and public infrastructure contractor shall protect from injury any public rights-of-way and adjoining property by providing adequate support and taking other necessary measures. Agency, network provider, or public infrastructure contractor shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the work and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public rights-of-way. (g) Clean-up. As the work progresses, all public rights-of-way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All clean-up operations shall be done at the expense of the agency, network provider, or public infrastructure contractor. Agency, network provider, or public infrastructure contractor shall restore any disturbed area to its original condition. All restoration work must be completed within ten (10) business days following the date of substantial completion of the work in the right-of-way. Such clean-up and restoration shall be subject to the sole, reasonable approval of the city engineer. (h) Vehicle parking. Each agency, network provider, and public infrastructure contractor shall make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a work site is not impacted. (i) Walkways. Each agency, network provider, and public infrastructure contractor shall maintain an adequate and safe unobstructed walkway around a construction site or blocked sidewalk in conformance with City Code. (j) Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar days from the date agency, network provider, or infrastructure contractor receives notice thereof, the agency, network provider or infrastructure contractor, shall remove all graffiti on any of its facilities located in the Right of Way. The foregoing shall not relieve the agency, network provider, or infrastructure contractor from complying with any city graffiti or visual blight ordinance or regulation. (k) Signage. Agency, network provider, or infrastructure contractor shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the facility that is visible to the public. Signage required under this section shall not exceed 4" x 6", unless otherwise required by law (e.g. RF ground notification signs) or the city manager. Except as required by laws or by the utility pole owner, agency, network provider, or infrastructure contractor shall not post any other signage or advertising on the facilities or poles. 11 (I) Ownership. No part of any facilities placed on the right-of-way pursuant to this division will become, or be considered by the city as being affixed to or a part of, the right-of-way, except for facilities accepted as city facilities by the city engineer in writing. All other facilities placed in the right-of-way pursuant to this division will be and remain the property of the agency or network provider and may be removed by the agency or network provider at any time, provided the agency or network provider shall obtain permits or give notice as required by this division. (m) Notification. Each agency, network provider, and public infrastructure contractor shall notify the public works department forty-eight (48) hours before undertaking any work in the right-of-way. Sec. 14.03.212. - Traffic control. (a) No person, agency, network provider, or public infrastructure contractor may close a public street without first obtaining a permit from the city engineer. An application for a maintenance permit and a traffic control plan shall be submitted to the city engineer no less than seven (7) business days prior to the date of the proposed closure unless an emergency exists, in which case immediate notice must be given to the city engineer. If a proposed construction project is to be made in the public right-of-way dedicated to the State of Texas, a city permit shall be required in addition to any and all permits required by the state. (b) When it is necessary to obstruct traffic, an application for a maintenance permit and a traffic control plan shall be submitted to the city engineer prior to starting construction. No permit will be issued until the traffic control plan is approved by the city engineer. No agency, network provider, or public infrastructure contractor shall block access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless the agency, network provider, or public infrastructure contractor provides the city with written verification of written notice delivered to the owner or occupant of the facility, equipment, or property at least forty-eight (48) hours in advance. (c) When necessary for public safety, the agency, network provider, or public infrastructure contractor shall employ flag persons whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the city engineer. (d) Unless approved by the city engineer, the agency, network provider, or public infrastructure contractor shall not impede rush hour traffic on major thoroughfares during the morning or evening rush hours. No construction shall be performed nor shall any traffic lane be closed to traffic during the hours of 6:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m., Monday through Friday, without the written approval of the city engineer. (e) Lane closures on major thoroughfares will be limited to no more than two (2) hours at any time outside of the morning and evening rush hours unless approved by the city engineer. (f) Traffic control devices and barricades, as defined in Part VI of the Manual on Uniform Traffic Control Devices, or any successor publication thereto, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices and barricades are to be supplied by the agency, network provider, or public infrastructure contractor. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights. (g) Part VI of the Manual on Uniform Traffic Control Devices, or any successor publication thereto, shall be used as a guide for all maintenance and construction signing. The agency, network provider, or public infrastructure contractor shall illustrate on the permit the warning and control devices proposed for use. At the direction of the city engineer, such warning and control devices shall be modified. (h) The city engineer may refuse to issue a permit if proposed construction activity will substantially interfere with vehicular traffic flow on major thoroughfares or is inconsistent with procedures of this division. Sec. 194.03.213. - Requirements for street cuts and repairs. (a) The agency, network provider, or public infrastructure contractor shall be responsible for maintaining all street cuts in such a manner as to avoid a hazard to vehicular and pedestrian traffic until permanently repaired. (1) When emergency repairs are deemed necessary by the city engineer to correct a situation that is hazardous to the public, the agency, network provider, or public infrastructure contractor that is responsible for the cut shall be notified immediately. If the agency, network provider, or public infrastructure contractor does not provide an acceptable schedule for making the emergency repair within eight (8) hours of being notified, the repairs will be performed by the city, and the agency, network provider, or public infrastructure contractor will be billed for the repairs necessary to complete the project, including clean up. (2) Agency, network provider, or public infrastructure contractor will be required to maintain the interim cut repair until they have completed final repairs. (3) Traffic bearing steel plates shall be utilized on all concrete paving cuts until required curing is accomplished. Asphalt shall be used to provide smooth ramps at the edges. Plates or asphalt may be used for temporary repairs. (b) All damage caused directly or indirectly to the street surface or subsurface outside the pavement cut area,shall be regarded as a part of the street cut. These areas, as established by the city inspector, will be included in the total area repaired. (c) The agency, network provider, or public infrastructure contractor shall notify the public works department immediately of any damage to other utilities, either city or privately -owned. (d) Construction methods: (1) The City of Beaumont Special Provisions to Standard Specifications for Public Works Construction and the City of Beaumont's Standard Construction Details shall govern the cutting and restoration of street and alley pavements in the city. These requirements shall apply equally to any person, public infrastructure contractor, network provider, agency or city department who makes cuts and repairs to streets and alleys in the City of Beaumont. Any above or in -ground equipment shall not be partially or completely within the sidewalk area, or within eighteen (18) inches of the paved sidewalk, unless otherwise approved by the city. i (2) Permanent repairs of utility cuts in existing streets, alleys or easements will be completed by the agency, network provider, or public infrastructure contractor within fourteen (14) calendar days of beginning the work. If an agency, network provider, or public infrastructure contractor does not believe that it will be able to meet this schedule, the agency, network provider, or public infrastructure contractor must contact the city engineer concerning an alternative schedule for the repairs. Any alternative schedule must be approved by the city engineer prior to the beginning of the work. The agency, network provider, or public infrastructure contractor will be responsible for any maintenance of the repair for a period of one (1) year after the repair is complete. Failure to do so will result in the use of the agency's, network provider's or; public infrastructure contractor's performance warranty/guarantee by the city to repair any damage, and, possibly, the requirement of additional warrantee(s) and/or the denial of future permits. (3) Steel plates left in the right-of-way after repairs are completed will be removed by the city and become the city's property. (4) Excavation in street or alley pavements should begin with an air -hammer shovel, a pavement breaker or other equipment that will not damage the pavement outside an approximate width of the ditch prior to beginning trenching operations. All street excavations will be saw cut before the street is repaired. Full depth saw cuts are required. If the excavation is to pass under where the curb is installed without dummy/expansion joint, the agency, network provider, or public infrastructure contractor may saw cut a smooth line one (1) foot beyond each side of the disturbed base. If no damage to curb is evident to the city inspector, the agency, network provider, or public infrastructure contractor may pump concrete under curb and gutter on cuts less than one (1) foot wide. The city inspector will make this determination prior to concrete being placed under existing curb and gutter. (e) Notification of homeowners' and homeowner associations. When an agency, network provider, or public infrastructure contractor is installing more than five hundred (500) linear feet of underground facilities, the agency, network provider, or public infrastructure contractor shall notify in writing all homeowner associations, from information maintained by the city, and individual homeowners along the route. Door hangers are an acceptable form of written notification. This notification shall give information about the project, not limited to the proposed location of the facilities, the time length for construction and a contact person to report any problems. The agency, network provider, or public infrastructure contractor must also contact all homeowner associations concerning the location of any underground improvements. Sec. 14.03.214. - Standards for repair and restoration. (a) .Agency, network provider, public infrastructure contractor responsibility. The agency, network provider, or public infrastructure contractor shall be fully responsible for the cost and actual performance of all work in the public rights-of- way. The agency, network provider, or public infrastructure contractor shall do all work in conformance with any and all engineering regulations, construction specifications, and design standards adopted by the city. These standards shall apply to all work in the public rights-of-way unless otherwise indicated in the permit. (b) All restoration shall result in a work site condition equal to or better than the condition in which the site existed prior to construction. Restoration must be approved by the city engineer. In addition to the regulations, specifications, and standards referred to in subsection (a), the following provisions shall apply to work in the public rights-of-way of the city: (1) Restoration must be to the reasonable satisfaction of the city engineer and the property owner. The restoration shall include, but not be limited to: a. Replacing all ground cover with the type of ground cover damaged during work or better by sodding, as directed by the city; b. Installation of all manholes and handholes, as required; Backfilling of all bore pits, potholes, trenches or any other holes which must be done within seven (7) business days after excavation of the bore pits, potholes, trenches or other holes, unless other safety requirements are approved by the city engineer; d. Leveling of all trenches and backhoe lines; e. Restoration of excavation site to city specifications; f. Restoration of all landscaping, trees, shrubs, ground cover, and sprinkler systems; and g. Repairing and replacing existing erosion control devices that have been damaged or destroyed as a part of the work. (2) All locate flags shall be removed during the clean-up process by the agency, network provider, or public infrastructure contractor at the completion of the work. (3) Restoration must be made in a timely manner as agreed upon by the city engineer and the agency, network provider, or public infrastructure contractor. If restoration is not satisfactory and/or is not performed within the agreed upon timeframe, all work in progress, except that related to the problem, including all work previously permitted but not complete, may be halted and a hold may be placed on any permits not approved until all restoration is complete, or the city may complete the work and bill the agency, network provider, or public infrastructure contractor for the repairs performed by the city. Sec. 14.03.215. - Construction and restoration standards for newly constructed or overlayed streets. (a) No agency, network provider, or public infrastructure contractor shall cause an open trench excavation or potholing of facilities in the pavement of any public right-of-way for a period of three (3) years from the completion of construction or resurfacing except in compliance with the provisions of this section. (b) Criteria for approval. No permit for excavation in the right-of-way of new streets shall be approved unless the city engineer finds that all of the following criteria have been met: (1) Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts. (2) Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable. (3) The proposed excavation cannot reasonably be delayed after the three-year deferment period has lapsed. (c) Exemptions for emergency operations. Emergency maintenance operations shall be limited to circumstances involving the preservation of life, property, or the restoration of customer service. Agencies, network providers, or public infrastructure contractors with prior authorization from the city engineer to perform emergency maintenance operations within the public rights-of-way shall be exempted from this section. Any agency, network provider, or public infrastructure contractor commencing operations under this section shall submit detailed engineering plans, construction methods, and remediation plans no later than the next business day after initiating the emergency maintenance operation. (d) Construction and restoration standards for newly constructed or overlayed streets and alleys. The streets shall be restored and repaired in accordance with design and construction standards adopted by the city and guaranteed in accordance with section 14.03.204. Sec. 14.03.216. - Relocation of facilities for public improvements. (a) In the exercise of governmental functions, the city has first priority over all other uses of the public rights-of-way. The city reserves the right to lay sewer, water, and other pipelines or cables and conduits, and to do underground and overhead work, and attachments, restructuring, or changes in aerial facilities in, across, along, over, or under a public street, alley, or public rights-of-way occupied by an agency, network provider, or public infrastructure contractor, and to change the curb, sidewalks, or the grade of streets. (b) The agency, network provider, or public infrastructure contractor must relocate its facilities at its own expense in a timely manner and prior to the start of construction of a city project. Failure to comply with this provision shall subject the agency, network provider, or public infrastructure contractor to the enforcement provisions contained herein. (c) A permit will be required when making facility adjustments in preparation for city projects, unless the adjustments are exempt under 14.03.198(b). (d) If the agency, network provider or public infrastructure contractor fails to remove or relocate its facilities as requested within ninety (90) calendar days of receipt of the request, then the city shall be entitled to remove the facilities at the sole cost and expense of the agency, network provider, or infrastructure contractor without further notice. Agency or network provider shall, within thirty (30) calendar days following' issuance of invoice for the same, reimburse the city for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the facilities. A hold may be placed on any permits not approved until payment is received. (e) The duty to remove and relocate at the agency, network provider, or public infrastructure contractor's expense is not contingent on the availability of an alternative location acceptable for relocation. Sec. 14.03.217. - Abandonment and removal of facilities. (a) If a registration is not renewed, and subject to sixty (60) calendar days notification to the agency all facilities owned by the agency within the city will be deemed to have been abandoned and shall become the property of the city. The city has appropriated $0 to pay for the cost of any removal or storage of facilities placed in the right-of-way, as authorized under this division, and no other funds are allocated. (b) Any agency or network provider that intends to discontinue use of any facilities within the .public rights-of-way shall notify the city engineer in writing of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, including the address and GPS coordinates of any pole, a date of discontinuance of use, which date shall not be less than thirty (30) calendar days from the date such notice is submitted to the city engineer. Upon receipt of notice of discontinuance of use, the city shall have a right of first refusal to acquire agency's or C network provider's facilities with the cost for such facilities to be negotiated by the city and the agency or network provider. (c) Agency or network provider shall, at its sole cost and expense, promptly disconnect, remove or relocate its facilities if ordered to do so by the city pursuant to this division. Agency or network provider shall reimburse city for the city's actual costs of removal of facilities if agency or network provider fails to promptly disconnect, remove and relocate its facilities. Payment must be made within thirty (30) calendar days from receipt of an invoice for the actual costs from the city. (d) The city shall not issue any refunds for any amounts paid by agency, network provider or infrastructure contractor for facilities or related ground equipment that have been removed. Secs. and - Reserved." Ccrrtinn I\/ All provisions of the Code of Ordinances of the City of Beaumont, codified or uncodified, in conflict with the provision of this Ordinance are hereby repealed, and all other provisions of the Code of Ordinances of the City of Beaumont, codified or uncodified, not in conflict with this Ordinance shall remain in full force and effect. Corr+inn V It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, or section of this Ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this Ordinance. Section VI. The repeal of any Ordinance or part of Ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under by virtue of such Ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the city under any section or provisions at the time of passage of this ordinance. Section VII. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March, 2019. - Mayor Becky Ames — ATTEST: Tina Broussard, City Clerk APPROVED AS TO FORM: Tyrone E. Cooper, City Attorney —•--PRODUCT — A SHEET UTILITY I TELECOM, INC. DAP -SGL , Decorative Antenna Pole with Single Globe Light (16033) Design Features. o Designed for pole top cylinder antennas o Area for splitters and cable management below antenna o Includes PIM reduction coating an antenna mount • Removable 2 -piece tapered skirt below antenna mount a Mount provides rotatahiiity and antenna leveling • Galvanized, power coat, or concrete textured finishes o Optional decorative pole base shroud available o Optional base cabinetfor housing radio equipment General Design Criteria; o Vag (3 -Sec. Guso = 110 mph c Va (3 -Sec. Guso = 143 mph • Exposure C a Structure Class/Msk Category 11 Topographic Category 1 Product No. Pole Ht, H DAP -SGL 18 18 ft DAP -SGL 20 20 ft DAP -SGL 22 22 ft DAP -SGL 24 24 ft. DAP -SGL 26 26 ft. DAP -SGL 28 28 ft -O- aPT U- ". OR CEN[HtSoOHr di+As QtkLUn:n) • 12V TYP. O[�YIA�,6 e' Of Hal to t ah'AR f 1MTENNA MTG. PATTERN CYUNUERANTENM ELEVATION VIEW T-?TWx14'&M M%MP(AM r r'r10h'A14%: 0 — F t BASE PLATE 5032 Salem Dallas ph: (503) 567-0101; Fx: (503) 316-1864 — wvwNestemUNrilyTelecom com Salem, OR 97304 2017WeslemUftTelecom,Jar All dghlsreseme EXHIBIT "A" wec14cathnssub*[tochameWthoutnaLx— NOTE: ORDINANCE 17-054 SEC. 14.03.210(C) FACILITIES AND RELATED GROUND EQUIPMENT SHlhLL BE PLACED WITIM4 TWO FM FROM THE OUTER EDGE OF THE RIGHT-OF-WAY LINE AND THREE FEET FROM BACK OF CURB TO MINIMIZE ANY OBSTRUCTION, IMPEDIMENT, OR HINDRANCE TO THE USUAL TRAVEL OR PUBLIC SAFETY" ON A PUBLIC RIGHT-OF-WAY. DESIGNATED UTILITY LOCATION -UNDIVIDED STREET PUBLIC WORKS DEPT. ENGINEERING DIVISION DWG NO. : EXHIBIT 1 DATE : 2019.02.01 RESIDENTIAL (COLLECTOR/ARTERIAL) SIDEWALK =NG SMKWMX SPACED 2' BACK OF CURB FROM BACK OF CURB CURB is O SMALL OEM FACHM LOCATION 21 R.O.W. LINE EASE10M I= ----------- -------------------- .COMMERCIAL CUM to 2' MIN. R.O.W. ALLOWS SMALL CELL FACILITY LOCATION -- — — — — — — — — — — 2. R.O.W. LINE 2. 1 EASMENT LINE ----------- NOTE: LOCATION OF POLES AND ANCHOR GUYS ARE DESIGNATED UTU= LOCATIONANCHOR GUY STANDARD, PROVIDED THERE IS NO CONFLICT WITH FMSTING OR SCHEDULED UTILITIES IN PUBLIC WORKS DEPT. ENG UMNAUNG DIVISION D.W;, W'� RESERVED LOCATIONS. nwr_ wn_ - P.YgMTT 2 T)ATV : 2019.02.01 ADA RAMP PER TXDOT FILE: PED -18 (SHT 1 TO 4) PEDESTRIAN FACILITIES CURB RAMPS TRANSITION CURB 5'- o ■ F TRANSITION CURB SIDEWALK 35'R MINIMUM / / \ POWER POLE \ TELEPHONE CABLE — R.O.W. LINE UTILITY EASEMENT ELECTRIC CABLE T.V. CABLE i �I 0 a I NOTE: FACILITIES AT CORNERS MUST NOT ENCROACIA INTO SIGHT DISTANCE REQUIREMENTS SCREENING WALL/SIGN LOCATION WILL BE DETERMINED BY CITY ORDIANANCE SEC. 28.04.003 -SIGN REGULATIONS DESIGNATED UTILITY LOCATION - STREET INTERSECTION PUBLIC WORKS DEPT. ENGINEERING DIVISION DWG NO. : EXHIBIT 3 1 DATE .: 2018.02.01 Category Designation Ri "ht-of-Wa R.O.W.. Width Pavement Width Arterial -Major A 80'- 120' 44'- 100' Minor B 60' - 90' 30'- 60' Collector Major C 65' 45' Minor D 60' 36' Local Major E 50' 26' Minor F 40' 20' _,;EXHIBIT "4 i Exhibit 4 PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2019 Annual Action Plan BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager '15 15 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 26, 2019 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2019 Annual Action Plan. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years prior to adopting the City's Annual Action Plan. Planning & Community Development staff, along with the Community Development Advisory Committee (CDAC), has hosted Public Hearings in order to receive public comments on the process and activities related to the 2018 Annual Action Plan. Attached is the proposed Budget for the 2018 Program Year. The proposed Preliminary Budget reflects estimated allocations of $1,351,775 in Community Development Block Grant (CDBG) funding, an estimated $100,000 in Program Income and $505,704 in HOME funding. Please note these amounts may change slightly before the final adoption as we receive the final amounts from HUD. U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Conduct the Public Hearing. 2019 HUD CONSOLIDATED GRANT PROGRAM Preliminary COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019 Budget CLEARANCE AND DEMOLITION 175,000 Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures located in low to moderate income areas. PUBLIC FACILITY & IMPROVEMENT 500,000 Special Projects to include development of infill housing, water & sewer line repairs and infrastructure. HOUSING Minor Rehabilitation Program (Habitat for Humanity) 223,505 PUBLIC SERVICES/PUBLIC FACILITIES 200,000 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION 253,270 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. TOTAL ENTITLEMENT 1,351,775 Program Income 100,000 Small Business Loan Historic Preservation Loan Fund Clearance and Demolition *Program Income is Estimated TOTAL CDBG 1,451,775 HOME Budget . AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage buy downs). HOME ADMINISTRATION 50,570 CHDO OPERATING (5%) 25,285 (Community Housing Development Organization Operating) CHDO RESERVE (15%) 75,856 (Community Housing Development Organization Reserve) ENTITLEMENT (70%) 353,993 TOTAL HOME 505,704 As of 3/20/19 WORK SESSION Receive a status report related to the City's Sewer System and review and discuss a proposal to spend additional funds for improvements within the Sewer System