HomeMy WebLinkAboutPACKET JUN 20 2017BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 20, 2017 3:30 P.M.
CONSENT AGENDA
Approval of minutes — June 6, 2017
Confirmation of committee appointments
A) Approve the purchase and installation of pumps for two underpasses
B) Approve the award of contracts for the purchase of medical supplies used in the EMS
Division
C) Approve the purchase of LED Lighting for various roadways
D) Authorize the City Manager to sign a Memorandum Of Understanding with the South
East Texas Regional Planning Commission related to emergency notifications
E) Approve a resolution adopting the 2017 Jefferson County Mitigation Action Plan
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TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: June 20, 2017
REQUESTED ACTION: Council consider a resolution approving the purchase and
installation of pumps for two underpasses.
BACKGROUND
The pumps will be purchased from PEMSCO of Rose City, Texas, in the amount of $91,705. Two
pumps serving the Park and Orleans underpass, as well as one pump serving the underpass on 4th
Street have reached the end of their design life and require continuous maintenance and repair.
These pumps are responsible for pumping out rain water to prevent flooding.
PEMSCO is a sole source vendor that is authorized by the manufacturer to supply the pumps. The
summary of the total quote is as shown below.
Pump
Location
Pump Cost
Labor Cost
#1
Park and Orleans
$29,796.50
$2,750.00
#2
Park and Orleans
$29,796.50
$2,750.00
#3
4th Street
$23,862.50
$2,750.00
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase and installation of three (3)
pumps for use by the Public Works Department for two (2) street underpasses from
PEMSCO, of Rose City, Texas, a sole source provider, in the amount of $91,705.00.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
June, 2017.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council
Kyle Hayes, City Manager
Todd Simoneaux, Chief Financial Officer
June 20, 2017
Council consider a resolution approving the award of contracts for
the purchase of medical supplies used in the EMS Division
BACKGROUND
Specifications required bidders to submit pricing for 164 line items, separated into eight (8)
specific categories. Bids were evaluated upon the lowest total price per category on an all or none
basis which provides the best value to the City. Only bidders providing pricing for every item
within each category were considered. Pricing is to remain firm for the term of the contract.
Bids were received from six (6) vendors for an annual contract for medical supplies to be used by
the EMS department. The administration recommends the award of a one year contract to the
following vendors:
Sections 1 and 4 - Bound Tree Medical of Dublin, Ohio for $12,509.43 and $57,929.74,
respectively.
Sections 2, 3, 6, and 7 - Midwest Medical Supply Co., of Earth City, Missouri for $6,818.89,
$423.20, $1,287.53 and $2,132.90, respectively.
Section 5 - Henry Schein EMS of Irmo, South Carolina for $6,298.96.
Section 8 - Moore Medical LLC of Farmington, Connecticut for $813.74.
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The total cost for the four (4) awarded contracts is $88,214.39.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for a one (1) year contract for medical supplies
for use by Beaumont EMS; and,
WHEREAS, Bound Tree Medical, of Dublin, Ohio, submitted a bid in the amount
of $70,439.17 for line item Categories 1 and 4 as shown on and listed in Exhibit "A,"
attached hereto; and,
WHEREAS, Midwest Medical Supply Co., of Earth City, Missouri, submitted a bid
in the amount of $10,662.52 for line item Categories 2, 3, 6 and 7 as shown on and
listed in Exhibit "A," attached hereto; and,
WHEREAS, Henry Schein EMS, of Irmo, South Carolina, submitted a bid in the
amount of $6,298.96 for line item Category 5 as shown on and listed in Exhibit "A,"
attached hereto; and,
WHEREAS, Moore Medical, LLC, of Farmington, Connecticut, submitted a bid in
the amount of $813.74 for line item Category 8 as shown on and listed in Exhibit "A,"
attached hereto; and,
WHEREAS, City Council is of the opinion that the bids as submitted for the
referenced categories by Bound Tree Medical, of Dublin, Ohio; Midwest Medical Supply
Co., of Earth City, Missouri; Henry Schein EMS, of Irmo, South Carolina; and, Moore
Medical, LLC, of Farmington, Connecticut, 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 bids submitted by Bound Tree Medical, of Dublin, Ohio for line item
Categories 1 and 4; Midwest Medical Supply Co., of Earth City, Missouri for line item
Categories 2, 3, 6 and 7; Henry Schein EMS, of Irmo, South Carolina for line item
Category 5; and, Moore Medical, LLC, of Farmington, Connecticut for line item Category
8 for a one (1) year contract for medical supplies for use by Beaumont EMS in the
amounts shown on and listed in Exhibit "A" be accepted by the City of Beaumont.
THAT the City Manager be and he is hereby authorized to execute contracts with
Bound Tree Medical, of Dublin, Ohio; Midwest Medical Supply Co., of Earth City,
Missouri; Henry Schein EMS, of Irmo, South Carolina; and, Moore Medical, LLC, of
Farmington, Connecticut, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
July, 2017.
- Mayor Becky Ames -
BEAUMONT CITY OF BEAUMONT, BEAUMONT, TEXAS
TEXAS
PURCHASING DIVISION BID TABULATION
Bid Name:
ANNUAL CONTRACT FOR MEDICAL SUPPLIES FOR EMS
Bid Number:
MF0417-14
Bid Opening:
THURSDAY, MAY 18, 2017
Contact Person:
Christy Williams, Buyer 11
christy.williamsio beaumonttexas.go
Phone: 409-880-3758
**Multiple items not priced in this section.
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Midwest Medical Supply Co. Moore Medical LLC
Earth City, Missouri Farmington, Conn.
Bound Tree Medical Henry Schlen
Dublin, Ohio Irmo, South Carolina
NAO Global Health QuadMed
Houston, Texas ± Jacksonville, Florida
CATEGORY
TOTAL BID PRICE TOTAL BID PRICE
TOTAL BID PRICE TOTAL BID PRICE
TOTAL BID PRICE TOTAL BID PRICE
CATEGORY I - AIRWAY
$12,822.82
$15,326.11
$12,509.43
$13,288.98
$24,508.26
$16,635.44
CATEGORY 2 - DIAGNOSTIC
$6,818.89
$10,498.93
$8,930.24
$11,880.45
$14,258.81
$8,210.90
CATEGORY 3 - INFECTION CONTROL
$423.20
$566.75
$748.52
$570.43
$775.55
$725.85
CATEGORY 4 - IV & SYRINGES
$67,755.29
—
i $57,929.74
q$30,906.64 $132,441.62
$82,752.39
$75,429.29
CATEGORY 5 - SPLINTS & IMMOBILIZERS
$6,953.14
$7,623.29
$7,199.10
$6,298.96
$10,088.66
$8,678.34
CATEGORY 6 - SUCTION
$1,287.53
$1,439.01
$1,314.50
$1,424.95
$4,058.17
$1,639.20
CATEGORY 7 - WOUND CARE
$2,132.90
$2,216.14
$2,226.06
s $2,840.09
$3,153.25
$3,027.33
CATEGORY 8 - MISCELLANEOUS
$1,540.98
$813.74
$920.06
$1,145.95
$1,889.46
$1,282.22
TOTALS:
$99,734.75
$38,483.97
$91,777.65
$169,891.43
$141,484.55
$115,628.57
DELIVERY - Number of consecutive
calendar days after
receipt of order.
3
3',
2-3
c 2
5
-F
2-3
**Multiple items not priced in this section.
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BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: June 20, 2017
REQUESTED ACTION: Council consider a resolution authorizing the purchase of LED
Lighting for various roadways.
BACKGROUND
On December 15, 2015, by Resolution No. 15-287, City Council authorized the City Manager to
apply for and receive, if awarded grant funding through the 2016 Entergy Environmental
Initiatives Fund (EIF) for a pilot program to showcase LED lighting within the City of Beaumont.
On January 10, 2017, Entergy Texas presented the City with a check in the amount of $75,000.00.
The LED Lighting will be purchased from TraStar, Inc., of Richardson, Texas in the amount of
$75,684.00
The City of Beaumont Traffic Management Division will install LED DURALIGHT Cobra
Lighting at the following locations:
Spur 380 M.L.K., Jr. Parkway, from IH -10 to Hwy 69/Cardinal Drive.
Feeder roads on Cardinal Drive from M.L.K., Jr. Parkway to Fannett Road.
Feeder roads on IH -10 from Pine Street to Eleventh Street.
Pricing for the LED lighting was obtained through the Texas Smart Buy, a cooperative purchasing
association providing cities and political subdivisions with the means to purchase specialized
equipment at volume pricing. Texas Smart Buy complies with all State of Texas procurement
statues.
FUNDING SOURCE
Entergy Environmental Initiatives Fund (EIF) Grant -$75,000.
General Fund — $684.
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 purchase of LED DURALIGHT Cobra
Lighting from TraStar, Inc., of Richardson, Texas, in the amount of $74,970.00 through
the Texas Smart Buy Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
June, 2017.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James Singletary, Chief of Police
MEETING DATE: June 20, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a
Memorandum Of Understanding with the South East Texas
Regional Planning Commission related to emergency notifications.
BACKGROUND
The City currently provides for emergency notification for citizens, employees, and emergency
operations staff through an agreement with the South East Texas Regional Planning Commission
(SETRPC). Most department and division employee notifications as well as municipal service
programs are also dependent on this system. This MOU will allow the City of Beaumont to utilize
the notification system under the SETRPC contract without a cost in Fiscal Year 2018.
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 an Interlocal
Agreement between the City of Beaumont and South East Texas Regional Planning
Commission (SETRPC) to participate in the regional Emergency Notification project
utilizing Swift Reach 911. Said Interlocal Agreement is substantially in the form attached
hereto as Exhibit "A" and made a part'hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
June, 2017.
- Mayor Becky Ames -
Emergency Notification System Interlocal Agreement
This Agreement is entered into between the South East Texas Regional Planning Commission
(SETRPC), and the City of Beaumont to participate in the regional Emergency Notification project
utilizing Swift Reach 911.
WHEREAS, The City of Beaumont has established an emergency alerting system, and;
WHEREAS, SETRPC has contracted with Swift Reach 911 to provide cost effective Emergency
Notification Services on behalf of participating local jurisdictions, and;
WHEREAS, the purpose of this system is to alert large numbers of citizens within a specific
geographic area of important information for public safety purposes, and;
WHEREAS, in the event of a large-scale emergency or incident, the alerting system would
benefit the citizens of The City of Beaumont by providing critical information in a timely fashion, and;
WHEREAS, The City of Beaumont has agreed to act as the single point of contact with West
Intrado for access to the 9-1-1 Data Base for emergency alerting purposes, and;
WHEREAS, the South East Texas Regional Planning Commission, 9-1-1 Emergency Network
agrees to this arrangement regarding the use of the 9-1-1 Data Base for this purpose;
NOW, THEREFORE, BE IT HEREBY RESOLVED:
That SETRPC and the City of Beaumont hereby agree to the following terms of use of the Swift
Reach 911 Emergency Alerting System and the 9-1-1 Data Base. The City of Beaumont has unlimited
use of Swift Reach 911 at no cost to the City of Beaumont during the contract year. Unlimited non-
emergency messages may be sent using the non -9-1-1 data provided by Swift Reach 911. The City of
Beaumont agrees to use the 9-1-1 West Intrado database only for the purpose of emergency
Interlocal Agreement Between SETRPC and the City of Beaumont
notification purposes. The City of Beaumont understands that the data contained in the 9-1-1
Database is to be used for the purpose of warning or alerting citizens to an emergency situation as
defined by the Federal Communications Commission (FCC) as a `situation posing an
extraordinary threat to the safety of life and property" and that this data is to be maintained as
confidential and not subject to public inspection in accordance with Texas Health and Safety Code,
Section 771.062(a). In general, factors to be considered in determining whether an emergency
situation is warranted are:
1. Severity—will aid in reducing loss of life or reducing substantial loss of property
2. Timing -requires immediate public knowledge to avoid adverse impacts
3. Other means of disseminating information are inadequate to ensure rapid delivery.
In order to maintain the confidential nature of the 9-1-1 data base information and the rights
and privacy of citizens with unlisted and unpublished numbers, The City of Beaumont will be
responsible for and agrees to create two separate account log -ins for the alerting system. One log -in
will allow the City of Beaumont to use commercially available information for non -emergency
messages. The City of Beaumont will determine who shall have access and under what conditions to
this non -emergency messaging capability. Another, greatly restricted access log -in will be created by
the City of Beaumont for the purpose of solely disseminating emergency alert messages as defined
above and utilizing the 9-1-1 database information. The Emergency Management Coordinator for the
City of Beaumont and/or his deputy or designee will be the only persons allowed access to the
restricted emergency alert messaging log -in.
Due to the confidential nature of the 9-1-1 data base information and privacy of citizens with
unlisted and unpublished numbers, SETRPC retains the right to withdraw their assistance if the City of
Interlocal Agreement Between SETRPC and the City of Beaumont
Beaumont does not maintain the confidentiality of the information or for misuse of the emergency
alerting system.
The SETRPC 9-1-1 Network will not be liable for any costs associated with the emergency
alerting system including costs associated with the extract of data from the 9-1-1 data base. Associated
costs for the unpublished West Intrado data will be covered by SETRPC Criminal Justice and Homeland
Security Division through grant funds.
Charges for the activation and features specified in the Swift Reach 911 contract shall be the
responsibility of the SETRPC Criminal Justice and Homeland Security Division (CJHSD) for a period not
to exceed twelve months from the initiation date reflected in the contract between SETRPC CJHSD and
Swift Reach 911 beginning October 1, 2017 and ending September 30, 2018. The contract/service
agreement between SETRPC and Swift Reach 911 may be renewed indefinitely and this Interlocal
Agreement between the City of Beaumont and SETRPC shall remain in full effect for the duration of the
contract/service agreement with Swift Reach 911 unless SETRPC or the City of Beaumont cancels this
Interlocal Agreement in in writing. SETRPC CJHSD will not be responsible for any costs other than the
activation fee for the initial twelve-month period reflected in the contract between SETRPC CJHSD and
Swift Reach 911 and any subsequent contract renewals. SETRPC CJHSD does not make any promise,
guarantee or other obligation for continued activation of the Swift Reach 911 system beyond the initial
twelve-month period. Continued activation of the emergency alerting system will be the sole
responsibility of the City of Beaumont after the expiration of the initial twelve-month period unless
additional funding is acquired for the regional project.
INDEMNIFICATION BY The City of Beaumont, Texas: The City of Beaumont agrees, only to the
extent allowed by applicable law, to at all times indemnify, hold harmless, and defend the SETRPC
Interlocal Agreement Between SETRPC and the City of Beaumont
against any and all claims, causes of action, liabilities or losses, directly or indirectly arising as a result
of the City of Beaumont's use of any Emergency Notification System services pursuant to the terms of
this Agreement. Nothing herein will be deemed a waiver of governmental immunity other than per
Texas Local Government code Chapter 271. Notwithstanding the foregoing, this in no way waives the
City's immunity pursuant to Chapter 101 of the Local Government Code.
This Agreement supersedes any and all other agreements, either oral or in writing between the
parties hereto with respect to the subject matter hereof, and no other agreement, statement or
promises relating to the subject matter of this Agreement which is not contained herein shall be valid
or binding.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed as of the
last date signed below.
Shaun P. Davis, Executive Director Date
South East Texas Regional Planning Commission
Kyle Hayes Date
City Manager, The City of Beaumont
Interlocal Agreement Between SETRPC and the City of Beaumont
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James Singletary, Chief of Police
MEETING DATE: June 20, 2017
REQUESTED ACTION: Council consider a resolution adopting the 2017 Jefferson County
Mitigation Action Plan.
BACKGROUND
The Federal Emergency Management Agency (FEMA) implemented hazard mitigation planning
regulations as part of the Disaster Mitigation Act of 2000. These provisions provide federal
requirements for mitigation planning and offer a significant opportunity to reduce disaster losses
through mitigation planning at both the State and local government. Compliance with these
regulations has enabled the City to participate in many federally funded mitigation activities,
including the completion of the Calder Street drainage project. The current Mitigation Action Plan
involving Beaumont was approved in resolution #12-075 on April 3, 2012. A revision is mandated
every five years and the final step for FEMA approval is formal adoption of the recommended
revision.
The plan is 745 pages and is not attached. Representatives from the Police Department will attend
the meeting to answer any questions.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, natural hazards in the City of Beaumont area historically have
caused significant disasters with losses of life and property and natural resources
damage; and,
WHEREAS, the Federal Disaster Mitigation Act of 2000 and Federal Emergency
Management Agency (FEMA) require communities to adopt a hazard mitigation action
plan to be eligible for the full range of pre -disaster and post -disaster federal funding for
mitigation purposes; and,
WHEREAS, FEMA requires that communities update hazard mitigation action
plans every five years in order to be eligible for the full range of pre -disaster and post -
disaster federal funding for mitigation purposes; and,
WHEREAS, the City of Beaumont has assessed the community's potential risks
and hazards and is committed to planning for a sustainable community and reducing the
long-term consequences of natural and man -caused hazards; and,
WHEREAS, the Jefferson County Hazard Mitigation Plan Update outlines a
mitigation vision, goals and objectives; assesses risk from a range of hazards; and
identifies risk reduction strategies and actions for hazards that threaten the community;
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,
Section 1.
The Jefferson County Hazard Mitigation Plan Update is approved in its entirety.
Section 2.
The City of Beaumont will pursue available funding opportunities for
\ implementation of the proposals designated therein, and will, upon receipt of such
funding or other necessary resources, seek to implement the actions contained in the
mitigation strategies.
Section 3.
The City of Beaumont vests with the Mayor the responsibility, authority, and
means to inform all parties of this action; assure that the Hazard Mitigation Plan Update
will be reviewed at least annually; and that any needed adjustments will be presented to
the City Council for consideration.
Section 4.
The City of Beaumont agrees to take such other action as may be reasonably
necessary to carry out the objectives of the Plan and report on progress as required by
FEMA and the Texas Division of Emergency Management (TDEM).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
June, 2017.
- Mayor Becky Ames -
ATTEST:
(City Clerk)
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 20, 2017 3:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items/Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving the award of contracts for temporary
personnel services for various departments
2. Consider a resolution authorizing the City Manager to execute Amendment No. 2 to
the Local Transportation Project Advanced Funding Agreement with the Texas
Department of Transportation (TxDOT) for the Dowlen Road Extension Project
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
X 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:
950 Washington Boulevard (former Public Health Facilities)
125 Magnolia Avenue (warehouse)
* Consider matters related to the deliberation of economic development
negotiations in accordance with Section 551.087 of the Government Code:
Arkema
Coastal Caverns
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777.
[1
June 20, 2017
Consider a resolution approving the award of contracts for temporary personnel services for
various departments
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: June 20, 2017
REQUESTED ACTION: Council consider a resolution approving the award of contracts for
temporary personnel services for various departments.
BACKGROUND
Specifications for the contract require temporary staffing agencies to provide pre-screened and
qualified individuals on an on-call and as -needed basis. Temporary employees must pass a drug
screen and a criminal background search prior to being assigned to the City. The contract
specifications requested firm hourly prices inclusive of wages, benefits, testing, screening,
workers compensations, taxes, and agency fees.
Seven (7) vendors were solicited and four (4) vendors submitted bids for an annual contract to
provide temporary personnel services to fill positions in business offices, skilled and unskilled
laborers, equipment operators, and Licensed Vocational Nurses (LVN). Administration
recommends awarding of this bid in the primary, secondary and tertiary format as the best value
to the City.
Administration recommends the award of annual contracts to Advanced Staffing Inc. of
Beaumont, as the Primary vendor; American Personnel & Temps of Beaumont, as secondary
vendor; and to Personnel Staffing Inc. of Beaumont, as tertiary vendor. Total estimated value of
$1,117,715.93 is based on actual billed hours over the past twelve (12) months for each labor
skilled group.
Annual Contract for Temporary Personnel Services
June 20, 2017
Page 2
FUNDING SOURCE
General Fund (42%); Water Utilities Fund (46%) and Solid Waste Fund (12%).
RECOMMENDATION
Approval of resolution.
Office I
Office H
Skilled
Unskilled
Unskilled
Skilled
Hourly
Hourly
Labor
Labor
LVN
Equipment
Equipment
Rate
Rate
Hourly
Hourly
Hourly Rate
Operator
Operator
2,475 Hrs
439 Hrs
Rate
Rate
554 Hrs
Hourly
Hourly
12,400 Hrs
86,873 Hrs
Rate
Rate
Vendor
2,237 Hrs
100 Hrs
Advanced Staffing, Inc.
Beaumont, TX
$10.00
$10.63
$11.05
$10.40
$20.24
$15.60
$16.90
American Personnel &
Temps.
$10.00
$12.50
$13.00
$10.40
$19.05
$16.90
$19.50
Beaumont, TX
Personnel Staffing, Inc.
Beaumont, TX
$11.25
$12.80
$13.44
$12.80
NO BID
$14.08
$16.64
HT Staffing, LLC.
Orange, TX
$17.04
22.72
NO BID
NO BID
NO BID
NO BID
NO BID
FUNDING SOURCE
General Fund (42%); Water Utilities Fund (46%) and Solid Waste Fund (12%).
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract to provide temporary
personnel services; and,
WHEREAS, Advanced Staffing, Inc., American Personnel & Temps, and
Personnel Staffing, Inc., all of Beaumont, Texas, submitted bids for the categories and
at the hourly rates shown below:
and,
WHEREAS, City Council is of the opinion that the bid submitted by Advanced
Staffing, Inc., of Beaumont, Texas, as primary vendor; the bid submitted by American
Personnel & Temps, of Beaumont, Texas, as secondary vendor; and the bid submitted
by Personnel Staffing, Inc., of Beaumont, Texas, as tertiary vendor, as shown above
should be accepted;
Office I
Office II
Skilled
Unskilled
Unskilled
Skilled
Hourly
Hourly
Labor
Labor
LVN
Equipment
Equipment
Rate
Rate
Hourly
Hourly
Hourly Rate
Operator
Operator
2,475 Hrs
439 Hrs
Rate
Rate
554 Hrs
Hourly
Hourly
12,400 Hrs
86,873 Hrs
Rate
Rate
Vendor
2,237 Hrs
100 Hrs
Advanced Staffing, Inc.
Beaumont, TX
$10.00
$10.63
$11.05
$10.40
$20.24
$15.60
$16.90
American Personnel &
Temps.
$10.00
$12.50
$13.00
$10.40
$19.05
$16.90
$19.50
Beaumont, TX
Personnel Staffing, Inc.
$11.25
$12.80
$13.44
$12.80
NO BID
$14.08
$16.64
Beaumont, TX
L
HT Staffing, LLC.
Orange,
$17.04
22.72
NO BID
NO BID
NO BID
NO BID
NO BID
and,
WHEREAS, City Council is of the opinion that the bid submitted by Advanced
Staffing, Inc., of Beaumont, Texas, as primary vendor; the bid submitted by American
Personnel & Temps, of Beaumont, Texas, as secondary vendor; and the bid submitted
by Personnel Staffing, Inc., of Beaumont, Texas, as tertiary vendor, as shown above
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 Advanced Staffing, Inc., of Beaumont, Texas, as
primary vendor; the bid submitted by American Personnel & Temps, of Beaumont,
Texas, as secondary vendor; and, the bid submitted by Personnel Staffing, Inc., of
Beaumont, Texas, as tertiary vendor, for an annual contract to provide temporary
personnel services for the categories and at the hourly rates shown above 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 Advanced Staffing, Inc., American Personnel &
Temps, and Personnel Staffing, Inc., all of Beaumont, Texas, for the purposes
described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
June, 2017.
- Mayor Becky Ames -
2
June 20, 2017
Consider a resolution authorizing the City Manager to execute Amendment No. 2 to the Local
Transportation Project Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) for the Dowlen Road Extension Project
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: June 20, 2017 v
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute Amendment No. 2 to the Local Transportation Project
Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) for the Dowlen Road Extension Project.
On February 28, 2017, by Resolution No. 17-046, City Council authorized the City Manager to
execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with
the Texas Department of Transportation (TxDOT) for the Dowlen Road Extension Project.
Amendment No. 2 defines the scope of work as the construction of a roadway overlay and
sidewalks at various locations on Dowlen Road from US 69 south to 1,300 feet north of US 90, and
construction of an extension of several left and right turn lanes on Dowlen Road within these limits.
The estimated construction cost is $3,626,917 with the estimated City of Beaumont share at
$692,240.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO. 17-046
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Amendment No. 1 to
the Local Transportation Project Advanced Funding Agreement with the Texas
Department of Transportation (TxDOT) for the Dowlen Road Extension Project, which
defines the scope of work, changing the limits of the project to approximately 0. 15 miles
north of Washington Boulevard and to approximately 0.15 miles south of Washington
Boulevard. The amendment is substantially in the form attached hereto as Exhibit "A"
and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
February, 2017.
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Beaumont, acting by and through its
duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and -the Local Government executed a contract on the 14th of June 2007 to
effectuate their agreement to construct a new location roadway; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
With this amendment, the scope and budget for this project are reduced.
Attachment B, Project Location Map, is deleted in its entirety and is replaced with Attachment B-1
Project Location Map, which is attached to and made part of this amendment. The limits for the
project have been reduced to those shown on the location map.
Attachment C, Project Budget Estimate and Source of Funds, is deleted in its entirety and is replaced
with Attachment C-1 Project Budget Estimate and Source of Funds, which is attached to and made
part of this amendment. The budget is decreased from $11,834,000 to $3,616,904 based on a
reduction in limits and a reduced scope of work. In addition, the Construction Responsibilities and
the responsibility for the Architectural and Engineering Services are being changed from the State to
the Local Government.
Articles 4, 9, 10, 12.a, 12.b, 12.d, 12.f, 13, and 16 of the original agreement are deleted in their
entirety and replaced with the following:
AFA—AFA Amend Page 1 of 9 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
4. Scope of Work
The scope of work for this LPAFA is described as the construction of a new 4 -lane roadway
to be designated as Dowlen Road that will run from approximately 0. 15 miles north of
Washington Blvd south to approximately 0.15 miles south of Washington Blvd. Drainage
improvements to carry storm water runoff from the roadway will be constructed from Jane's
Gully on the north end south to the Lower Neches Valley Authority (LNVA) Canal. The overall
project limits are shown on Attachment B-1.
9. Architectural and Engineering Services
Architectural and engineering services will be provided by the Local Government as stated in
the Master Agreement. The Local Government is responsible for performance of any required
architectural or preliminary engineering work. For projects on the state highway system, the
design shall, at a minimum conform to applicable State manuals. For projects not on the state
highway system, the design shall, at a minimum, conform to applicable American Association
of State Highway and Transportation Officials design standards. The State may review and
comment on the work as required to accomplish the public purposes of the Local Government.
The Local Government will cooperate fully with the State in accomplishing these local public
purposes to the degree permitted by State and Federal law.
10. Construction Responsibilities
Construction responsibilities will be carried out by the Local Government as stated in the
Master Agreement.
12. Local, Project Sources and Uses of Funds
a. A Project Budget Estimate is provided in Attachment C-1. The State and the Federal
Government will not reimburse the Local Government for any work performed before the
federal spending authority is formally obligated to the Project by the Federal Highway -
Administration. After federal funds have been obligated, the State will send to the Local
Government a copy of the formal documentation showing the obligation of funds including
federal award information. The Local Government is responsible for one hundred percent
(100%) of the cost of any work performed under its direction or control before the Federal
spending authority is formally obligated.
b: A Source of Funds estimate based on the Transportation Improvement Program (TIP) is
also provided in Attachment C-1. Attachment C-1 shows the percentage and estimated
dollar amount to be contributed to the project by federal, state, and local sources. The
parties agree that the LPAFA may be amended from time to time as required to meet the
funding commitments based on revisions to the TIP, Federal Project Authorization and
Agreement (FPAA), or other federal document.
d. Prior to. the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C-1. At a minimum,
this amount shall equal the Local Government's funding share for the estimated cost of
preliminary engineering for the project. At least sixty (60) days prior to the date set for
receipt of the construction bids, the Local Government shall remit its remaining financial
share for the State's estimated construction oversight and construction costs.
AFA AFA Amend Page 2 of 9 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department
of Transportation." The check or warrant shall be deposited by the State and managed by
the State. Funds may only be applied by the State to the Project. If after final Project
accounting any excess funds remain, those funds may be applied by the State to the
Local Government's contractual obligations to the State under another advance funding
agreement with approval by appropriate personnel of the Local Government.
13. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements, and related documentation in a Microsoft®
Word or similar document. If requested by the State, the Local Government will use the
State's document template. The Local Government shall also provide a detailed
construction time estimate including types of activities and month in the format required by
the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or -professional provider. At the request of the
State, the Local Government shall submit any information required by the State in the format
directed by the State.
16. Debarment Certification
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." By executing this
Agreement, the Local Government certifies that it and its principals are not currently
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549 and further certifies that it will not do
business with any party, to include principals, that is currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under
Executive Order 12549. The parties to this contract shall require any party to ,a subcontract
or purchase order awarded under this contract to certify its eligibility to receive federal funds
and, when requested by the State, to furnish a copy of the certification.
Articles 12.i, 12.j, 17, 18, 19, 20, 21, 22, 23 are added to the agreement as follows:
12. Local Project Sources and Uses of Funds
1. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
j. The Local Government is authorized to submit requests for reimbursement by submitting
the original of an itemized invoice in a form and containing all items required by the State
no more frequently than monthly and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days after the
costs are incurred, and if federal funding is reduced as a result, the State shall have no
responsibility to reimburse the Local Government for those costs.
AFA-AFA Amend Page 3 of 9 Revised 03/23/16
CSJ # 4920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements`
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable,
and allocable to the Project.
18. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
Local Government:
City Manager
City of Beaumont
801 Main Street, Suite 300
Beaumont, TX 77701
State:
Director of Contract Services
Texas Department of Transportation
128 E. 11 h Street
Austin, Texas 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail,
unless otherwise provided by this agreement. Either party may change the above address
by sending written notice of the change to the other party. Either party may request in writing
that notices shall be delivered personally or by certified U.S. mail, and that request shall be
carried out by the other party.
19. Civil Rights Compliance
A. Compliance with Regulations: The Local Government will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S.
Department of Transportation (USDOT), the Federal Highway Administration (FHWA),
as they may be amended from time to time, which are herein incorporated by reference
and made part of this agreement.
B. N discrimination: The Local Government, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national origin
in the selection and retention of subcontractors, including procurement of materials and
leases of equipment. The Local Government will not participate directly or indirectly in
the discrimination prohibited by the Acts and the Regulations, including employment
practices when the contract covers any activity, project, or program set forth in
Appendix B of 45 CFR Part 21.
C. Solicitations for Subcontracts, Includin Procurement of MaLerials and E ui men : In all
solicitations either by competitive bidding or negotiation made by the Local Government
for work to be performed under a subcontract, including procurement of materials or
leases of equipment, each potential subcontractor or supplier will be notified by the
Local Government of the Local Government's obligations under this contract and the
Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or
national origin.
AFA—AFA Amend Page 4 of 9 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
D. Information and Reports: The Local Government will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto, and will
permit access to its books, records, accounts, other sources of information, and
facilities as may be determined by the State or the FHWA to be pertinent to ascertain
compliance with such Acts; Regulations or directives. Where any information required
of the Local Government is in the exclusive possession of another who fails or refuses
to furnish this information, the Local Government will so certify to the State or the
Federal Highway Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance
with the Nondiscrimination provisions of this contract, the State will impose such
contract sanctions as it or the FHWA may determine to be appropriate, including, but
not limited to:
a. withholding of payments to the Local Government under the contract until the
Local Government complies and/or
b. cancelling, terminating, or suspending of the contract, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The Local Government will take such action with respect to
any subcontract or procurement as the State or the FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, that if the
Local Government becomes involved in, or is threatened with, litigation with a
subcontractor or supplier because of such direction, the Local Government may request
the State to enter into such litigation to protect the interests of the State. In addition, the
Local Government may request the United States to enter into such litigation to protect
the interests of the United States.
20. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part'26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's
DBE guidelines and in consideration of the local market, project size, and nature of the
goods or services to be acquired. The Local Government shall have final decision-
making authority regarding the DBE goal and shall be responsible for documenting its
actions.
D. The Local Government shall follow all other parts of the State's DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Adoption of the Texas Department of Transportation's Federally -Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web address
htta://fta.dot.state.tx.us/pub/txdot-info/booMbe/mou/mou attachments g_df.
E. The Local Government shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of any U.S. Department of Transportation (DOT)-
AFA-AFA Amend Page 5 of 9 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Local Government shall take all necessary and reasonable steps
under 49 CFR Part 26 to ensure non-discrimination in award and administration of
DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and
as approved by DOT, is incorporated by reference in this agreement. Implementation
of this program is a legal obligation and failure to carry out its terms shall be treated as
a violation of this agreement. Upon notification to the Local Government of its failure to
carry out its approved program, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub -contractor) must include the following assurance:
The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this agreement, which may result in the termination
of this agreement or such other remedy as the recipient deems appropriate.
21. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR
Part 170. including Appendix A. This agreement is subject to the following award
terms:
httt)://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pd010-22705.odf and
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more
than $25,000 in Federal funding. The SAM number may be obtained,by visiting the
SAM website whose address is:-httgs://www.ssm.aov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine -character number that allows the Federal government to
track the distribution of federal money. The DUNS number may be requested free
of charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fedgov.dnb.cgm/webform; and
3. Report the total compensation and names of its top five (5) executives to the State
if.
i. More than 80% of annual gross revenues are from the Federal govemment, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
AFA—AFA Amend Page 6 of 9 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
22. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in 2 CFR
200.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable)
to TxDOT's Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact
TxDOT's Compliance Division at singleaudits(M-txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal year,
the Local Government must submit a statement to TxDOT's Compliance Division as
follows: "We did not meet the $ expenditure threshold and therefore, are not
required to have a single audit performed for FY "
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless
otherwise amended or the project has been formally closed out and no charges have
been incurred within the current fiscal year.
23. Pertinent Non -Discrimination Authorities
During the performance of this contract, the Local Government, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and
authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal -aid programs and projects).
C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or
sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal -aid recipients, subrecipients and contractors,
whether such programs or activities are Federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation
AFA AFA Amend Page 7 of 9 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131-12189) as implemented by Department of Transportation regulations at 49
C.F.R. parts 37 and 38.
t. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, the parties must take reasonable steps to ensure that LEP persons have
meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties
from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq.).
All other provisions of the original contract are unchanged and remain in full force and effect.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
AFA—AFA Amend Page 8 of 9 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
THIS AGREEMENT 1S EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERN ENT [ L
Signature
Typed or Printed Name
Title
3- /- t7
Date
THE STATE OF TEXAS
KennetW&e-wart
Director of Contract Services
Texas Department of Transportation
69
Date
AFA AFA Amend Page 9 of 9 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT B-1
PROJECT LOCATION MAP
i 11
i Pro ect
1-0
C
Fu 1
364 ,4..
Y asap
AFA AFA Amend
i
a i
%,z
fxz
Page 1 of 1
4f
le ..
aaa�
11
Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
A17ACHMENT C-1
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Costs will be allocated based on 80% Federal funding and 200/a Local Government funding until the federal funding
reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs.
Description
otaUEstimated Cd"s
ederal Paiticipatiori
State Participation
'oval Participation
' _C-
/o b
ost
r._..
�F
st
Engineering (by Local Government)
270,000
80%
216,000
%0
0
0%
r54,000
Construction (by Local Government)
956,098
80%
2,364,878
0%
0
0%
91,220
Subtotal- ;
3.226,098;: `
-
2;5800878"
0
45:220>
_...
Environmental Direct State Costs
175,000
80%
$140,000
0%
0
0%
$35,000
Right of Way Direct State Costs
10
0%
0
0%
0
100%
10
Engineering Direct State Costs
10,000
80%
8,000
00/0
0%
$2,000
Utility Direct State Costs
10
%
0
0%
0
1000/0
10
Construction Direct State Costs (1.69%)
50,000
80%
40,000
0%
0
0%
10,000
Indirect State Costs (5.27%)
155,786
0%
0
100%
155,786
%
0
TOTAL
3,616,904"`
2,768,878: °
155;786
92;240;::°
Initial payment by the Local Government to the State: $91.020 !$37.020 + $54.0001,
Payment by the Local Government to the State before construction: $10,000
Estimated total payment by the Local Government to the State $101,020. This is an estimate. The final amount of Local
Government participation will be based on actual costs.
•$54,000 has already been paid by the Local Government to the State under the original agreement as part of the
local share when the Engineering was the State's responsibility.
AFA—AFA Amend Page 1 of 1 Revised 03/23/16
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 Amendment No. 2 to
the Local Transportation Project Advanced Funding Agreement with the Texas
Department of Transportation (TxDOT) for the Dowlen Road Extension Project, which
defines the scope of work, constructing a roadway overlay and sidewalks at various
locations on Dowlen Road from US 69 south to 1,300 feet north of US 90; and, the
construction of and extension of several left and right turn lanes on Dowlen Road within
these limits. The amendment is substantially in the form attached hereto as Exhibit "A"
and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
June, 2017.
- Mayor Becky Ames -
1
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #2
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Beaumont, acting by and through duly
authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on the 14th of June 2007 to
effectuate their agreement to construct a new location roadway; and,
WHEREAS, the State and the Local Government executed Amendment No. 1 on the 8th day of
March 2017 to amend the project's scope of work; and
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
With this amendment, the scope and budget for the project is changed.
Attachment B-1 Project Location Map, is deleted in its entirety and is replaced with Attachment B-2
Project Location Map, which is attached to and made part of this amendment. The limits for the
project have been changed to those shown on the location map.
Attachment C-1 Project Budget Estimate and Source of Funds, is deleted in its entirety and is
replaced with Attachment C-2 Project Budget Estimate and Source of Funds, which is attached to
and made part of this amendment. The budget is increased from $3,616,904 to $3,626,917 as a
result of changes in the scope.
Article 4 of Amendment #1 to the original agreement is deleted in its entirety and is replaced with the
following: EXHIBIT "A"
AFA=AFA Amend Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
4. Scope of Work
The scope of work for this LPAFA is described as the construction of a roadway overlay and
sidewalks at various locations on Dowlen Road from US 69 south to 1,300 feet north of US
90. The project will also include the construction of and extension of several left and right
turn lanes on Dowlen Road within these limits. The overall project limits are shown on
Attachment B-2.
All other provisions of the original contract are unchanged and remain in full force and effect.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
AFA AFA Amend Page 2 of 2 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT E-2
PROJECT LOCATION MAP
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AFA—AFA Amend Page 1 of 1 Revised 03/23/16
CSJ # 0920-38-189
District # 20 - BMT
Code Chart 64 # 03200
Project: Dowlen Road Extension
Federal Highway Administration
CFDA Title: Highway Planning and Construction
CFDA No.: 20.205
Not Research and Development
ATTACHMENT C-2
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding
reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs.
Description
otaf Estimated Cos
Federal Participation
tate Participation
Local. Participation
% -
Cost
%
Cost
%.
Cos- -
Engineering (by Local Government)
$270,000
80%
$216,000
0%°
$0
20%
$54,000
Construction (by Local Government)
3,146,098
80%
$2,516,878
0%
$0
20%
$629,220
8ubtotal:
3;416;098$2;732878
0
$683;220
Environmental Direct State Costs
$2,500
80%
$2,000
0%
$0
20%
500
Right of Way Direct State Costs
10
0%
$0
0%
$0
100%
$10
Engineering Direct State Costs
$12,500
80%
$10,000
0%
$0
20%
$2,500
Utility Direct State Costs
10
0%
$0
0%
$0
100%
$10
Construction Direct State Costs (0.95%)
$30,000
80%
$24,000
0%
$0
20%
$6,000
Indirect State Costs (5.27%)
165,799
0%
$0
100%
$165,799
0%
0
TOTAL3626,917
$2,768,878
$185,799.
$692;240
Initial payment by the Local Government to the State: $57,020 ($3,020 + $54,0001
Payment by the Local Government to the State before construction: $6,000
Estimated total payment by the Local Government to the State: $63,020. This is an estimate. The final amount of Local
Government participation will be based on actual costs.
*$54,000 has already been paid by the Local Government to the State under the original agreement as part of the
local share when the Engineering was the State's responsibility.
AFA—AFA Amend Page 1 of 1 Revised 03/23/16