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Home My WebLink AboutPACKET MAY 09 2006 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 9, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Ann Reynolds would be reappointed as Vice-Chairman of the Animal Health Advisory Committee. The current term would expire January 3, 2007. (Mayor Guy N. Goodson) Joyce Kean will fill the unexpired term of Lieutenant Mike Manning g on the Animal Health Advisory Committee. The term would commence May 9, 2006 and expire December 13, 2006. (Mayor Guy N. Goodson) Frank Messina would be reappointed as Chairman of the Convention and Tourism Advisory Board. The current term would expire January 24, 2007. (Mayor Guy N. Goodson) George Crawford would be reappointed as Vice Chairman of the Convention and Tourism Advisory Board. The current term would expire January 24, 2007. (Mayor Guy N. Goodson) Marry Craig would be reappointed to the Planning and Zoning Commission. The current term would expire December 13, 2007. (Councilmember Becky Ames) Dale A. Hallmark would be reappointed to the Planning and Zoning Commission. The current term would expire December 2, 2007. (Councilmember Lulu Smith) John Weitzel would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire October 22, 2007. (Councilmember Lulu Smith) • A) Approve a contract for the purchase of lubricants B) Approve the purchase of two (2) police pursuit vehicles C) Approve an annual contract for grounds maintenance of the Fairgrounds D) Authorize the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation(TX DOT)for the Calder Avenue at Pinchback Outfall Bridge Replacement Project E) Authorize the City Manager to execute a Bridge Load Posting Agreement with the Texas Department of Transportation(TX DOT)for the installation of load posting signs on the east and west bound lanes of the Phelan Boulevard Bridge over Hillebrandt Bayou • • • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Beginning Expiration Appointment Commission of Term of Term Joyce Kean Fill unexpired term of Lt. Mike Manning Animal Health Advisory Committee 05/09/06 12/13/06 Beginning Expiration Reappointment Commission of Term of Term Ann Reynolds, Vice-Chairman Animal Health Advisory Committee 05/09/06 01/03/07 Frank Messina, Chairman Convention &Tourism Advisory Board 05/09/06 01/24/07 George Crawford, Vice-Chairman Convention & Tourism Advisory Board 05/09/06 01/24/07 Marty Craig Planning & Zoning Commission 05/09/06 12/13/07 Dale A. Hallmark Planning & Zoning Commission 05/09/06 12/02/07 John Weitzel Small Business Revolving Loan Fund Board 05/09/06 10/22/07 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. - Mayor Guy N. Goodson - A . f City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: May 9, 2006 AGENDA MEMO DATE: April 26, 2006 REQUESTED ACTION: Council approval of a contract for the purchase of lubricants. RECOMMENDATION o Administration recommends award of a six (6) month contract for purchasing lubricants to Tri- Con, Inc. of Beaumont at the unit costs reflected in the attached bid tabulation, with an estimated total expenditure for the contract period of$63,207. BACKGROUND The contract specifies that the awarded bidder shall provide approximately 11,000 gallons of various lubricants at fixed unit costs for use by various City departments in maintaining vehicles and equipment. Eight(8) vendors were notified with three(3) submitting bids. The products bid by Tri-Con have been reviewed by Fleet personnel and meet the specifications set forth in the bid. Specifications allow for a six(6)month contract extension upon the expiration of the initial six(6)month period, at the same pricing as that awarded herein. BUDGETARY IMPACT Funds are available for this expenditure in user Departments' operating budgets. The expenditure for lubricants in the prior contract period was $25,301.05. Lubricant prices have risen approximately 50% since the last contract award, and the estimated expenditure reflected above is based on estimated usage for the current contract period. PREVIOUS ACTION None. Six (6) Month Contract for Lubricants April 26, 2006 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. 0 0 9 CITY OF BEAUMONT BID TABULATION FOR LUBRICANTS BID OPENING DATE: APRIL 20, 2006 BID NUMBER: RF0306-47 TRI-CON, INC. SUN COAST RESOURCES TALENS MARINE AND FUEL BEAUMONT,TX HOUSTON,TX IOWA, LA Est. Qty. Description Unit Total Unit Total Unit T Total 5,000115W40, engine oil (bulk) $5.6901 $28,450.00 1 $5.8501 $29,250.00 $11.260, $56,300.00 j� 1,000 15W40, engine oil (55 gal drums) $6.380 $6,380.00 _ $6.400 $6,400.00 $11.260 $11,260.00 i 500 SAE 40 engine oil (55 gal drums) $5.200 $2,600.00 $6.150 $3,075.00 $11.060 $5,530.00 1,300 Dexron III (qt) $1.630 $2,119.00 $1.600 $2,080.001 $2.320 $3,016.00 600 Dexron III (bulk) $4.610 $2,766.00 $6.000 $3,600.00 $10.570 $6,342.00 100 Dexron III (55 gal drums) $5.380 $538.00 $6.600 $660.00 $10.570 $1,057.00 100 Mercon 5(qt) $4.190 $419.00 $2.500 $250.00 $4.090 $409.00 2,500 Multi-purpose trans./hydraulic oil (bulk) $5.430 $13,575.00 $6.100 $15,250.00 $11.720 $29,300.00 500 Multi-purpose trans/hydraulic oil (drum) $6.250 $3,125.00 $6.700 $3,350.00 $11.720 $5,860.00 500 Caterpillar TO-4 comp. hydraulic oil $6.470 $3,235.00 $6.050 $3,025.00 $12.100 $6,050.00 I TOTAL BID $63,207.00 $66,940.00 $125,1_2_4.00' Manufacturer _ Fina Fina/Chevron Chevron/Motorcraft Delivery time One(1)day One (1)day j One (1)day__ RESOLUTION NO. • WHEREAS, bids were received for a six (6)-month contract to purchase lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Tri-Con, Inc., Beaumont, Texas, submitted a bid in the unit amounts shown below: Est. Qty. Description Unit Total 5,000 15W-40, engine oil bulk $5.690 $28,450.00 1,000 15W-40, engine oil 55 gal drums $6.380 $6,380.00 500 SAE 40 engine oil 55 gal drums $5.200 $2,600.00 1,300 Dexron III t $1.630 $2,119.00 600 Dexron III bulk $4.610 $2,766.00 100 Dexron III 55 gal drums $5.380 $538.00 100 Mercon 5 t $4.190 $419.00 2,500 Multi-purpose trans./hydraulic oil bulk $5.430 $13,575.00 500 Multi-purpose trans/hydraulic oil drum $6.250 $3,125.00 500 Caterpillar TO-4 comp. hydraulic oil $6.4701 $3,235.00 TOTAL BID $63,207.00 for an estimated total expenditure for the contract period of$63,207; and, • WHEREAS, City Council is of the opinion that the bid submitted by Tri-Con, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid in the unit amounts shown above for an estimated total expenditure of $63,207 submitted by Tri-Con, Inc., Beaumont, Texas, for a six (6)-month contract to purchase lubricants for use by various City departments in maintaining vehicles and equipment be accepted by the City of Beaumont. i PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. • - Mayor Guy N. Goodson - B City of Beaumont Council Agenda Item � - EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle,Purchasing Manager MEETING DATE: May 9, 2006 AGENDA MEMO DATE: May 3, 2006 REQUESTED ACTION: Council approval to purchase two(2)police pursuit vehicles. RECOMMENDATION Administration recommends the purchase of two(2) 2006 Ford Crown Victoria Police pursuit vehicles through the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing Program. The units will be ordered from Philpott Ford in Nederland for a total price of$41,486.74. BACKGROUND Unit 1879, a 2000 Chevrolet Impala, and Unit 1310, a 2005 Ford Crown Victoria, were involved in collisions. Both accidents were deemed to be the fault of others and insurance settlements were paid to the City for damages. Two (2) 2006 Ford Crown Victoria police pursuit vehicles are available for immediate delivery from Philpott Ford. The standard warranty is 36,000 miles or three(3)years and service will be provided by Philpott Ford. BUDGETARY IMPACT Funds for this project are available from insurance proceeds in the amount of$3 8,186.57. The remaining balance will be funded by the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) 2006 Ford Crown Victoria police pursuit vehicles at a total cost of$41,486.74 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. - Mayor Guy N. Goodson - • c City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: May 9, 2006 AGENDA MEMO DATE: May 3, 2006 REQUESTED ACTION: Council approval of an annual contract for grounds maintenance of the Fairgrounds. RECOMMENDATION Administration recommends the award of an annual contract for grounds maintenance of the Fairgrounds to Garden of Gethsemane of Beaumont, Texas. BACKGROUND The Fairgrounds, located at 2850 Gulf Street, consists of 62 acres. The contract specifies that mowing and litter removal will be provided once per week during the growing season, March through October, and once per month during the non-growing season,November through February. Edging and trimming will be performed once per month throughout the year for the entire grounds. During the growing season, edging and trimming will be provided twice per month around the Harvest Club, Coliseum, Barns, and the Family Violence Task Force and Art League buildings. Based on the mowing schedule there will be approximately thirty-nine(39) cuttings per year. The Convention Facilities Manager may reduce or increase the number of cuttings as needed with payments made for completed work only. The Convention Facilities staff is responsible for managing the contract and inspecting the work. Bids were solicited from twenty-nine (29) contractors. Two (2) contractors submitted bids as detailed below. The quoted prices per mow include edging and trimming as specified. CONTRACTOR PRICE PER MOW ANNUAL COST Garden of Gethsemane, Beaumont, TX $900 $35,100 Beaumont Products & Services, Beaumont, TX $1,000 $39,000 Contract for Grounds Maintenance- Fairgrounds May 3, 2006 Page 2 BUDGETARYIMPACT Funds are available for this expenditure in the Convention Facilities Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Convention Facilities Manager. • RESOLUTION NO. WHEREAS, bids were received for an annual contract for grounds maintenance of the Fairgrounds; and, WHEREAS, Garden of Gethsemane, Beaumont, Texas, submitted a bid in the amount of $35,100; and, WHEREAS, City Council is of the opinion that the bid submitted by Garden of Gethsemane, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Garden of Gethsemane, Beaumont, Texas, for an annual contract for grounds maintenance of the Fairgrounds be accepted by the City of Beaumont. • PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. - Mayor Guy N. Goodson - D AU � City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: May 9, 2006 AGENDA MEMO DATE: May 2, 2006 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation (TX DOT) for the Calder Avenue at Pinchback Outfall Bridge Replacement Project. RECOMMENDATION Administration recommends authorizing the City Manager to execute an advance Funding Agreement with the Texas Department of Transportation (TX DOT) for the Calder Avenue at Pinchback Outfall Bridge Replacement Project. TxDOT participates with cities in the replacement of deficient bridges located on public roadways under its Off-State System Federal-Aid Highway Bridge Replacement and Rehabilitation Program. This program has identified Calder Avenue at Pinchback Outfall Bridge for replacement at a cost of$379,989.76. The City of Beaumont's share of this replacement cost is $37,989.76. Attached is a copy of the Advance Funding Agreement. BACKGROUND None BUDGETARY IMPACT Funds are available in the Capital Improvement Program PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director CalderPnchbkAgenda.wpd • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TX DOT) for the Calder Avenue at Pinchback Outfall Bridge Replacement Project. The City of Beaumont's share of the replacement cost of$379,989.66 is$37,989.76. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. • - Mayor Guy N. Goodson - CSJ#0920-38-173 District# 20 BMT • Code Chart 64#03200 Project: BR( NBI Structure#20-124-0-B001-70-001 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Bridge Replacement or Rehabilitation Off the State System THIS Advance Funding Agreement(the Agreement)is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Beaumont,Texas, acting by and through its duly authorized officials, hereinafter called the"Local Government." WITNESSETH WHEREAS,Title 23,United States Code Section 144 authorizes federal funds to assist the • States in the replacement or rehabilitation of deficient bridges located on public highways, roads and streets, including those under the jurisdiction of local governments; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall plan and make policies for the construction of a comprehensive system of state highways and public roads in cooperation with local governments; and WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Calder Ave. and said bridge(s) is included in the currently approved off-state system federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas Transportation Commission Minute Order number 110479, dated March 30, 2006; and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project, hereinafter called the "Project", identified in the location map shown as Attachment B. 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: • Bridge-Bridge_AFA Page 1 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 EXHIBIT "A" CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 _. . Project:: BR( NBI Structure#20-124-0-B001-70- 001 AGREEMENT 1. Period of this Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Conditions for Termination of this Agreement a. The Agreement is terminated in writing with the mutual consent of the parties; or b. Breach of this Agreement, in which case any cost incurred shall be paid by the breaching party; or c. If the Local Government elects not to develop the project and the project does not proceed,in which case the Local Government agrees to reimburse the State for 100 percent of its reasonable actual direct and indirect costs incurred for the project. 3. Amendments Amendments to this Agreement may be made due to changes in the character of the work, the terms of the Agreement, or the responsibilities of the parties. Amendments shall be enacted through a mutually agreed upon, written amendment executed by all parties to this Agreement. 4. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default,but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 5. Scope of Work The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s) identified in the recitals of this Agreement. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this Agreement and which are incorporated herein by reference. 6. Right of Way and Real Property Bridge-Bridge_AFA Page 2 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR() NBI Structure#20-124-0-B001-70-001 The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State,its consultant, contractor, or other designated representative to enter the site(s)of said bridge(s) and adjacent right of way or relocation right of way to perform surveys,inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws,regulations,rules, policies, and procedures,including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work." The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental _problems associated with the development of the Project governed by this Agreement. b. Cost participation in environmental assessment and remediation work shall be paid'by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs". c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas xas Accessibility Standards and ADA Bridge-Bridge_AFA Page 3 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 Project: - NBI Structure#20-124-0-B001-70- 001 All parties to this Agreement shall ensure that the plans for and the construction of the Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS)issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102,Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act(P.L. 101-336) (ADA). 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to.accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in.accomplishing these local public purposes to the degree permitted by-state and federal law. The Local Government review shall not unduly delay the development of the Project. 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility,projects must be authorized by the.State prior to advertising for construction. b. Upon completion of the Project, the State will issue a"Notification of Completion" acknowledging the Project's construction completion. 12. Project Maintenance After the Project has been completed, the Local Government shall accept full ownership, and operate and maintain the facilities authorized by this Agreement for the benefit of and at no charge of toll to the public. This covenant shall survive the completion of construction under this Agreement. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs". b. Attachment D provides a source of funds estimate as well as the estimated direct preliminary engineering, construction engineering, and construction costs for the Project in total and by the Local Government. c. The required Local Government participation is based solely upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted Bridge-Bridge_AFA Page 4 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CS7#0920-38-173 District# 20 BW Code Chart 64#03200. Project: BR( ) NBI Structure#20-124-0-B001-70-001 during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs, the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the federal HBRRP. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement,but thirty(30) days prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the"Texas Department of Transportation" in the amount specified in Attachment D for the Local Government's contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. e. Forty-five (45) 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 and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. i. The Local Government funding participation responsibilities.include Project direct costs only, except when the Project is terminated before completion at the request of the Local Government as addressed in the Termination provision of this Agreement. j. If the Project has been approved for a "fixed price" or an"incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52,this Agreement will clearly state the amount of the fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable,in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to N/A percent as authorized by Texas Transportation Commission Minute Order Number N/A, dated N/A. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available.by the Local Government in accordance with this Agreement. m. 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 subcontract under the Bridge-Bridge_AFA Page 5 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR( ) NBI Structure#20-124-0-B001-70- 001 contract. Acceptance of funds directly under the 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. 14. Performance by Local Government of Equivalent-Match Projects (EMPs)in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWPs) a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs",but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on"other"bridge structures and other conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the Project shall be defined to be a Participation-Waived Project (PWP) and the work on the"other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent-Match Project(s) (EMP). Attachment C to this Agreement shows a list of EMP(s) under this Agreement. b. Project Cost Estimate for PWP: Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. c. Credit Against EMT Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMT work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. d. Responsibilities of the Local Government on EMP(s). (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. (2) The structural or safety improvement work on the EMP(s) shall be performed subsequent to the final execution of this Agreement but within three (3) calendar years after the earliest contract award of the related PWP(s). (3) Written documentation, suitable for audit, of the structural or safety improvement work completed on the EMP(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP(s). Bridge-Bridge_AFA Page 6 of 16 Bri dge Division Rev 01/09/06 10-2002-L.1 CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR( ) NBI Structure#20-124-0-B001-70-001 (4) Failure by the Local Government to adequately complete the ENT(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5)years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering,the payment shall be made at least thirty (30) days prior to the.beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering,the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids 1 for construction of the PWP. 15. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Mr. John Barton, P.E., District Engineer Texas Department of Transportation 8350 Eastex Freeway Beaumont,Texas 77708 Local Government: Honorable Guy Goodson, Mayor City of Beaumont, State of Texas P.O. Box 3827 Beaumont, Texas 77704 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. 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 such notices shall'be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Bridge-Bridge_AFA Page 7 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR( NBI Structure#20-124-0-B001-70401 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid,illegal or unenforceable in any respect, such invalidity,illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 17. Responsibilities of the Parties The parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances,rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 20. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting this Agreement's subject matter. 21. Office of Management and Budget (OMB) Cost Principles - In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. Bridge-Bridge_AFA Page 8 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CS7#0920-38-173 District#20 BMT Code Chart 64#03200 _. Project: BR() NBI Structure#20-124-0-B001-70-001 22. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §1836 and with the property management standard established in Title 49 CFR §18.32. 23. Inspection of Books and Records The parties to the Agreement shall maintain all books, documents,papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration(MMA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four(4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State,the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Office of Management and Budget (OMB) Audit Requirements 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 OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 25. Civil Rights Compliance The parties to this Agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled`Equal Employment Opportunity," as amended by Executive Order.11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. Bridge-Bridge_AFA Page 9 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CS7#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR() NBI Structure#20-124-0-B001-70-001 27. Debarment Certifications 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." 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 in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 28. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant,loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants,loans, or cooperative. agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the Project and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. Bridge-Bridge_AFA Page 10 of 16 Bridge Division Rev 01109/06 10-2002-L.1 CS7#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR NBI Structure#20-124-0-B001-70-001 29. Successors and Assigns The State and the Local Government'each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. 30. Local Government Restrictions In the case that the local government has an existing, future or proposed local ordinance commissioners court order,rule policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. 31. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Signature Printed Name of Signatory Title: Date: - Bridge-Bridge_AFA Page 11 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR( NBI Structure#20-124-0-B001-70-001 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. By: William R. Cox,PE Director, Bridge Division Date: Bridge-Bridge_AFA Page 12 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 . Project: BR( ) NBI Structure#20-124-0-B001-70- 001 ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT i Bridge-Bridge_AFA Page 13 of 16 Bridge Division Rev 01/09/06 r 10-2002-L.1 CSI#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR() . NBI Structure#20-124-0-B001-70-001 ATTACHMENT B PROJECT LOCATION MAP Bridge-Bridge_AFA Page 14 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 T Beaumont District TAN EDAM S Al LL F4 ELDIFC I Y' �� iii •. Z Jefferson Co Off System Structures KENO- t t' P! A Phelan-Gladys rea T ! 2' }UL 1 i -RE AN SERENE sAYWJOD 5 r `- i V1 K C14 A T- ........- AZAI �l } 4 !4ALt Haar k ; / i j r �V¢NCE i 1 L VAR- aADY& ! �,____�� 1 l aaa� r TER ' Ci RCUI T1J l � v 1 114 0.E eoaau w ! i r W LDER f t' _ ! HEBERT p ! ! 11tESTCaAtf- rip N, 1 —BUW-1 NGTNI"['—� 1w , us TLUL l of oafi } '' S C�BROIZDV 1 Oaks `; y ----- , 1 ( t�S a y 1 -`y % Y rl ,Per l S t _ al CDunt r f BLARNEY 1 O �y / g ; •_ /" �— , _LL Park LAUt� Cl ub _�4 8 LCH ...fwS l ��CA43 ( W- VETERAN ri I ER u EAR �. �B ��yr�`�� ml ��` � saoir oar "uf `p- y W 1 I S RE .. J-- I.� 1 .i (rEt S� a '� sARAT + ' 1 l 1 4 w4J TE f HALI DAY L > ¢ Calder Ave. Pinchbacic 3utfall s J AacsaN ' '' NBI# 20-124-B001-70-003 s }r Be L ENS r- �- m� paELSEA a� °ojk --- ��.a4 IParf "iv,•� HAt�t t ( phD t i N , �! T' f,- .� }-,r, j -jam R�, - ..ht.r-'--} } i . p M4I TLAND ` BRAE I1 -!' y co A I N N I 6�711061 27 i� C - J P� TI; cES 4 DRENN ! cuv1 a '1 �` Z F 4 i S FOREST P Y+E STNIX� DOE i S +cwt T1 WMC-IN 1 } I , "� J �I. 3.3 -= - j 3z Calder Ave- @ Pinchback Outfall Bridge Project sw oN } W' CSJ 0920-38-173 40M.*-If lual a � 4 ! a. or w.ndwer �- K w0x oree..zaa Gill CSJ#0920-38-173 District# 20 BMT Code Chart 64#03200 Project: BR(j NBI Structure#20-124-0-B001-70-001 ATTACHMENT C (See Note **) LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT-MATCH PROJECT(S) (END) Location (and structure On School Historic Description of Structural Estimated Cost identification number, Bus Route? Bridge? or Safety Improvement if applicable) (Yes/No) (Yes/No) Work N/A Total EMP work credited to this PWP(See Note *) Balance of EMP work available to associated PWP(s) Associated PWP(s) Control-Section-Job (CSJ) Amount to be Credited to Associated PWP(s) Note *: This total should typically equal the `Balance of Local Government Participation" that is waived as shown in Attachment D. e Note**: This attachment not applicable for non-Participation-Waived Projects (PWP) Bridge-Bridge_AFA Page 15 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 CSJ#0920-38-173 District#20 BMT Code Chart 64#03200 Project: BR() NBI Structure#20-124-0-B001-70-001 ATTACHMENT D ESTIMATE OF DIRECT COSTS Local Government Estimated Cost Participation Preliminary Engineering(PE) (1) $70,000.00 Ten(10)Percent or EDC Adjusted Percent of PE for Local Government Participation (3)$7,000.00 Construction $257,390.00 Engineering and Contingency(E&C) $ 52,507.56 The Sum of Construction and E&C (2) $309,897.56 Ten(10)Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation 4 _ ( )$30,989.76 •Amount of Advance Funds Paid by Local Government * (5) $0 Amount of Advance Funds to be Paid by Local Government * (6) $0 Balance of Local Government Participation which is to be Waived where the Project is a PWP (3+4-5-6) $ 37,989.76 Total Project Direct Cost (1+2)$ 379,897.56 * Credited Against Local Government Participation Amount If this Project is to be a PWP,Amount of . EMP Work Being Credited to this PWP as Shown on Attachment C. N/A Bridge-Bridge_AFA Page 16 of 16 Bridge Division Rev 01/09/06 10-2002-L.1 E ...... City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: May 9, 2006 AGENDA MEMO DATE: May 3, 2006 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Bridge Load Posting Agreement with the Texas Department of Transportation(TX DOT) for the installation of load posting signs on the east and west bound lanes of the Phelan Boulevard Bridge over Hillebrandt Bayou. RECOMMENDATION The Texas Department of Transportation (TX DOT) will provide the signs at no cost to the City if the City agrees to install and maintain the signs. Administration recommends authorizing the City Manager to execute a Bridge Load Posting Agreement with the Texas Department of Transportation (TX DOT) for the installation of load posting signs on the east and west bound lanes of the Phelan Boulevard Bridge over Hillebrandt Bayou. A copy of the agreement is attached. BACKGROUND None. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a Bridge Load Posting Agreement with the Texas Department of Transportation (TX DOT) for the installation of load posting signs on the east and west bound lanes of the Phelan Boulevard Bridge over Hillebrandt Bayou. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. - Mayor Guy N. Goodson - . 4 N District ' County No. 20 124 BRIDGE LOAD POSTING AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS City of Beaumont THIS AGREEMENT, made entered into and executed this fifteenth day of December,by and between the State of Tetras acting by and through the Engineer— Director,with approval of the Texas Department of Transportation District, hereinafter called the"State," and City of Beaumont, hereinafter called the"Local Jurisdiction" WITNES SETH WHEREAS, the State desires to enter into an agreement with.the Local Jurisdiction concerning the installation of load posting signs on bridges within the Local Jurisdiction; AGREEMENT NOW, THEREFORE,the State and the Local Jurisdiction,-in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The Local Jurisdiction agrees to order load posting signs from the State,the State agrees to administer.Federal funds to provide the load posting signs at no cost to the Local Jurisdiction, and the Local Jurisdiction agrees to take delivery, install, and maintain the signs as stated in the sections to follow. 1. Sims. The Local Jurisdiction hereby orders the following quantities of signs: Sign R12-2Tb _ ea. Sign R12-2Tc 4 ea_ Sign R124Tb _ ea. Sign W12-5 ea. Weight limits for each proposed sign shall be as listed in Attachment A,"Sign Requirements," attached hereto and made part of.this agreement. 2. Sian Supports and Hardware. In addition, the Local Jurisdiction hereby orders the EXHIBIT "A" Following quantities of sign supports with appropriate hardware, and the State hereby agrees to administer Federal funds to provide the sign supports and hardware at no cost to the Local Jurisdiction. Posts 4 each 3. Authorization. The Local Jurisdiction shall properly authorize all proposed signs by ordinance, resolution, or other appropriate action and shall provide a copy of such which shall be attached hereto and designated Attachment B. 4. . DdhM. The Local Jurisdiction shall take delivery of all proposed signs, sign supports, and hardware as agreed upon with the appropriate Texas Department of Transportation District Office. 5. Installation and Documentation. The Local Jurisdiction shall install all proposed signs in accordance,with requirements of Attachment C, "Load Posting Signs," and Attachment D, "Vertical and Lateral Clearances". The Local Jurisdiction shall document the installation by marking the date sticker affixed to the back of each sign. 6. Notification and Inspection. The Local Jurisdiction shall notify the appropriate Texas Department of Transportation District Office in writing within-15 days after all Proposed signs have been properly installed. The Local Jurisdiction shall allow the Federal FUghway Administration to perform on-site inspection of the installed signs and shall adjust any signs that are found to be improperly installed. 7. Maintenance. The Local Jurisdiction sha11 keep the installed signs clean, legible, and open to the view of approaching motorists for at least 150 feet. The Local Jurisdiction shall reinstall signs that have been knocked down by vandalism,traffic accidents, or other causes. 8. State Responsibility. The appropriate Texas Department of Transportation District Office agrees to provide the Local Jurisdiction with reasonable consultation assistance in accomplishing the objectives of this agreement. 9. State Indemnifie The Lo Juri diction s ve harmless a tate claims and lia ' rties du o acti ' ies oft cal furls ction, i agen{s, cials, or employ perfo ed unde "s ee nt and w ch resu from an or, omissio or ne " ent act o he cal 'sdictia its,ag ,"official or emplo es. The cal J ' diction s so sa harmless, a State pfn any all expe d, i din orney fee ch t be incu by the tate in lit' anon or of erwise resist' said claim or liabili 'es. 10.Dis utes. Should disputes arise under this con the State's s decision shall be final and binding. Civil Rights Compliance. With regard to work performed under this contract,the .Local Jurisdiction, in compliance with regulations of the Department of . Transportation(49CFR21 and 23CFR710.405),Executive Orders 11246 and 11375 regarding Equal Employment Opportunity, and regulations of the Department of Labor(41 CFR60), shall not discriminate on the grounds of race, color, sex, or national origin. 11. Inspection of Books and Records. The Federal Highway Administration, the Department of Transportation,the Office of Inspector General, and the Comptroller General of the United States,or any duty authorized representatives thereof shall have access to any books, documents, papers, and records which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. IN WITNESS WHEREOF,the State and Local Jurisdiction have executed duplicate counterparts of this Agreement. THE LOCAL.JURISDICTION THE STATE OF TEXAS BY: Certified as being executed for the Authorized Official purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Name Department of Transportation District: By: Title District Engineer District Date Date COUNTY.JEFFERSON COUNTY(124) %Ic Deed i{lido ill I ,Ili 111 '.`1111 I II,111111 I?.�IIII I`.111111 1".`1111 'I.Ilnll ?�.(IIIU i?,111111 I--^.111111 I�.�IIII jERRI=RSQN COUNTY-CI` Y.OF PORT.NECKS 31 s snF�r� CC:iUC h'-Cb P vin Pd,-VE°�.ANIl1 JEFFGR$ON COUNTY-CITE'QF PORT AURTHER J ' ^ERO �'OUI I a -C w �'OF REtS I JI�rBO!�'I' TOTAL imam JEFFI±RSON COUNTY-FIRE CINCT WOE- •r' 2000-50f •I� 441. `WEIGHT -� • WEIGHT WEIGHT WEIGHT LIMITS . LIMITS LIMIT. .LIMIT. • GROSS . GROSS � AXLE OR .,�Y TANDEM . =;:;r ,. LBS t TANDEM AXLE AXLE OR TANDEM TANDEM M r . .. LBS :• : : - LBS AXLE :�:. .. .. .. U 0-,,1 � LBS ';iv ::;`.%�.r LBS ' 112.2Tb r R12.2TC _ 24' x 36' .R12-47b Rii-4Tc 24"x 3b' '24"x 42' 24"x 42' WEIGHT LIMIT SIGNS A Weight Limit sign shall be' located just ahead of the bridge in each direction of travel . Six feet from the. abutment is. a good .location 'if the bridge is 'on an unpaved or low speed road. This• distance should be increased if the bridge road . . is on a high=speed. LOAD ZONED ; BRIDGE W12•5 . ss"` x " ADVANCE WARNING SIGN 9 - The Load Z.one.. Bridge si n. should• be used , to warn of.. a bridge with .._ ... .. a posted weight restriction. The sign- should. be placed so as . to - . allow "the driver of an overweight vehicle to L detour around the bridge. It is also recommended that a WEIGHT LIMIT sign be placed beside or 100 feet behind each advance warning sign. ' ATTACHMENT: C - Load Posting Signs J 2000-50g 11LUt LIMIT AXLE DA TANDEM Not less then 2 .' . N N O to tot LU.) G O IU %C.*j 2 ' Minimum WEIGHT LIMIT SIGNS embedment ge of the traveled rface ( including paved aulder if present ) 6' to 12 ** ! LOAD . LT ZONED LIMIT BRIDGE AXLE at TANDEM 'r•_U1 N Cl � 41 [. O Ri ADVANCE WARNING SIGN 2' -- fi" Minimum embedment This dimension "should--be aa' minimum of-71 -in- business- or resi- ential areas where parked vehicles may block the sign: This . dimension may be reduced to- a minimum of 21 in busine ,or residential areas . . ss ZATTACAMET - Vertical and Lateral'•Clearances tID�j% M IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 9, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS • 1. Consider approving an ordinance requiring awn shops 9 g P p and pawnbrokers within the City of Beaumont to do electronic recordkeeping of all transactions and to electronically upload their daily transactions into 1.e.a.d.s. online, a web-based data system 2. Consider approving a contract for grounds maintenance of various city-owned properties 3. Consider approving a contract for the Summer Food Service Program administered by the Texas Department of Human Services COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) • Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 May 9, 2006 Consider approving an ordinance requiring pawn shops and pawnbrokers within the City of Beaumont to do electronic recordkeeping of all transactions and to electronically upload their daily transactions into 1.e.a.d.s. online, a web-based data system 0 City of Beaumont .j Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police 3-6- MEETING DATE: May 9, 2006 AGENDA MEMO DATE: May 2, 2006 REQUESTED ACTION: Approve a city ordinance requiring pawn shops and pawnbrokers within the City of Beaumont to do electronic recordkeeping of all transactions and to electronically upload their daily transactions into l.e.a.d.s. online, a web- based data system. RECOMMENDATION Council consideration of approving a city ordinance requiring pawn shops and pawnbrokers within the City of Beaumont to do electronic recordkeeping of all transactions and to electronically upload their daily transactions into l.e.a.d.s. online, a web-based data system. BACKGROUND Within the city limits of Beaumont,there are seven pawn shops—EZ Pawn(three stores),Triangle Pawn(two stores), Meyers and JJ's Pawn Shop. A Beaumont Police Department detective visits each of these seven stores on a regular basis to collect paper copies of pawn shop transactions. These copies are then brought to the Beaumont Police Department for manual entry by a Records technician. In one month this technician may enter 6,000 to 9,000 pawn tickets. The information does not get entered if this technician is off work for whatever reason. Even if the technician is continually entering the information into the police department's computer database, there is a serious time lag from pawn to entry. The Beaumont Police Department recently subscribed to l.e.a.d.s. online, a web-based system in which pawn shops electronically upload their daily transactions. This information is immediately available to law enforcement agencies who subscribe to its service. It is a proven investigative tool for law enforcement. In order for the Beaumont Police Department to get full use out of this subscription service, all pawn shops and pawnbrokers within the City of Beaumont need to electronically upload their daily transactions. BUDGETARYIMPACT The Beaumont Police Department is currently subscribing to l.e.a.d.s.online. There is no additional cost in requiring those pawn shops and pawnbrokers within the City of Beaumont to do electronic recordkeeping of all transactions and to electronically upload their daily transactions into l.e.a.d.s. online,a web-based data system. There is no direct cost to the pawn shop or pawnbroker other than the cost of computers and internet service. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny approval of an ordinance requiring pawn shops and pawnbrokers within the City of Beaumont to do electronic recordkeeping of all transactions and to electronically upload their daily transactions into l.e.a.d.s. online, a web-based data system. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS REQUIRING ELECTRONIC RECORDKEEPING OF PAWN SHOPS AND PAWNBROKERS DOING BUSINESS IN THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, the recovery of stolen personal property is rendered more difficult by the fact that such property is, by nature, easily disposed of, sold or traded by the persons responsible for such thefts, and by the fact that such items do not generally require proof of ownership in order to dispose of, sell or trade them; and, WHEREAS, pawn shops and pawnbrokers are often the method chosen by thieves to dispose of stolen personal property despite the best efforts of the owners and operators of such pawn shops and pawnbrokers to avoid the purchase of stolen property; and, WHEREAS,the Police Department of the City of Beaumont is currently participating in a service designed to assist the Department in the location and recovery of stolen personal property so that the property may be returned to its rightful owner and the offenders apprehended; and, WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to require all pawn shops and pawnbrokers to participate in this service by uploading a list of all property purchased, received or otherwise acquired by such pawn brokers and pawn shops, along with all identifying information for the property such as serial numbers, model numbers, etc. to leadsonline, which is the service currently used by the Police Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. That any and all pawn shops and pawnbrokers doing business within the City of Beaumont shall, beginning on the effective date of this ordinance, registerwith leadsonline at www.leadsonline.com and shall upload on at least a daily basis, all information relating to personal property purchased, received or otherwise acquired by such pawn shop or pawnbroker to the database maintained by leadsonline. SECTION 2. That there shall be no direct cost to the pawn shop or pawn broker associated with registration with leadsonline or with the uploading of the information required by this ordinance, other than the cost of computers and internet service. SECTION 3. That all costs charged for the use of the leadsonline service shall be borne by the Police Department of the City of Beaumont from its current budget. SECTION 4. It shall be a defense to compliance with this ordinance if the pawn shop or pawnbroker is able to prove that a power failure or a computer system malfunction prohibited timely entry of the required data into leadsonline and the pawn shop or pawnbroker promptly uploaded the required data within 24 hours of_computer system restoration. Should a pawn shop or pawnbroker fail to maintain an operable computer system so as to prohibit the pawnshop or pawn broker from complying with this ordinance, then the pawn shop or pawnbroker may be cited for failure to comply with this ordinance. SECTION 5. That the failure of any pawn shop or pawnbroker to strictly comply with the provisions of this ordinance shall be deemed a misdemeanor and shall be punishable by a fine not to exceed five hundred dollars ($500.00) per violation. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 6. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, 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 7. That all ordinances or resolutions which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of the conflict only. SECTION 8. This ordinance shall be in full force and effect on PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. - Mayor Guy N. Goodson - • 2 May 9, 2006 Consider approving a contract for grounds maintenance of various city-owned properties City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: May 9, 2006 AGENDA MEMO DATE: May 1, 2006 REQUESTED ACTION: Council approval of a contract for grounds maintenance. RECOMMENDATION Administration recommends the award of a three (3) year contract to Perfect Cut Lawn Care for grounds maintenance services at twenty-nine(29)parks and various street triangles for a estimated annual expenditure of$119,085. BACKGROUND Five(5)companies submitted bids for performing grounds maintenance services at twenty-nine(29) City operated parks and various street triangles. Grounds maintenance services include mowing, edging, litter removal and sweeping. During the growing season, March 1 through November 30, services are required weekly at the parks and bi-weekly at the triangles. During the non-growing season,December 1 to February 28, services are required only bi-weekly at the parks and monthly at the triangles. A list of parks and street triangles included in this contract is attached for review. Prices were requested per cutting per location as shown on the attached bid tabulation. Based on the mowing schedule there will be approximately forty-eight(48) cuttings per year at each park and twenty-one (2 1) cuttings per year at each triangle. The Parks Manager may reduce or increase the number of cuttings as needed with payments made per cutting cycle. The Parks and Property Services Division is responsible for managing the contract and inspecting the work. The contract term is three(3)years with annual percentage increases based on the Consumer Price Index for all Urban Consumers(CPI-U). A contract termination provision is included should funds not be allocated in future budget years. The bids ranged from $119,085 to $274,956 annually and are stated below: Grounds Maintenance Contract at Parks and Triangles May 1, 2006 Page 2 Contractor Location Price Perfect Cut Lawn Care Beaumont, TX $119,085 Yardboy Lawn Care Service Beaumont, TX $155,880 Garden of Gethsemane Beaumont, TX $255,609 Lawn Specialties Beaumont, TX $266,538 Torres Lawn Service Beaumont, TX $274,956 The lowest bidder, Perfect Cut Lawn Care, provided a work plan and has met with the City Parks Manager and Internal Services Director to discuss expected work performance and contract terms and conditions. Perfect Cut Lawn Care currently maintains grounds at seventeen(17)of the parks and various triangles subject to this contract, as well as Tyrrell Park,Elmo Willard Library and the Theodore Johns Library. BUDGETARYIMPACT Funds for this contract are available in the Parks and Property Services Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY The City Manager and the Internal Services Director. PARK AND TRIANGLE LOCATIONS a� �f �'`� ✓. ADY��2E�;. Alice Keith Park 4050 Reed St. Babe Zaharas Park&Museum Grounds 1750 IH 10 E Caldwood Park 250 E. Caldwood Central Park 640 Fourth St. Chaison Park 1305 Harriot Charlton Pollard Park 2025 Sabine Pass Combest Park 3395 Blackmon Lane Cottonwood Park 200 Cottonwood Fletcher Mini Park 1090 Avenue C Forest Park 380 Potter Gilbert Park 2813 Calder Guseman Park 8150 Park North Dr. Halbouty Park 5780 Gober Hebert Park 2310 Smart St. Ida Reed Park 2348 Louisiana Jacobs Park 2320 Jacobs JP Richardson Center 1870 Louisiana Liberia Park 2305 011ie St Magnolia Park 2855 Magnolia Maple/Oakland 1450 Maple McLean Park 2255 Pecos Perlstein Park 8900 Landis Pine Street Park 3410 Pine St. Pipkin Park 1350 Pennsylvania Roberts Park 2755 Avenue C Rogers Park 1455 Dowlen Sprott Park 4325 Usan Weiss Park 255 Magnolia Wuthering Heights Park 3650 Delaware 5 ` -771 TR�A1� E TRIA NGLE 2800 Arthur Triangle 500 Jay @ Hooks Triangle 800 Ascot Triangle 2100 Joachimi @ Blanchette Triangle 1600 Ave. C Triangle 4000 East Lynwood Triangle Brown Tree Plaza, 3400 Phelan 2400 West Lynwood Triangle 1500 Burt @ Carroll Triangle 1200 Oakcrest Triangle 100 W. Circuit Triangle Pecos Blvd., from 7`h St. to Jaguar St. College and S. 11"'Triangle 1500 Pipkin Ave. Triangle 800 Eight St. and College St. Triangle 700 Rankin Triangle Fannett& 11"' St. Triangle 1900 Royal @ Ave. F Triangle 700 Harriot @ Kenneth Triangle 2100 Royal @ Ave. G Triangle 400 Jay @ Kohler Triangle F1700 Sarah @Bob Triangle BID TAB: GROUNDS MAINTENANCE-CITY PARKS&TRIANGLES Page I BID OPENING DATE: Thursday, April 20,2006 @ 2 PM orox.* Vendor: Perfect Cut Lawn Care Yardboy Lawn Care Service Garden of Gethsemane Lawn Specialties Torres Lawn Service f Mows C Beaumont,TX Beaumont,TX Beaumont,TX Beaumont,TX Beaumont,TX PARKS Price per Mow Total Price per Mow Total Price per Mow I F---T--o-ta l Price per Mow F Total Price per Mow Total 48 Alice Keith Park $200.00 $9,600.001 $250.00 $12,000.00 $360.00 $17,280.00 $250.00 $12,000.00 $310.00 $14,880.00 48 Babe Zaharas Park&Museum $395.00 $18,960.00 $500.00 $24,000.00 $540.00 $25,920.00 $615.00 $29,520.00 $650.00 $31,200.00 48 Caklwood Park $32.00 $1,536.00 $45.00 $2,160.00 $90.00 $4,320.00 $83.00 $3,984.00 $100.00 $4,800.00 48 Central Park $130.00 $6,240.00 $95.00 $4,560.00 $180.00 $8,640.00 $228.00 $10,944.00 $250.00 $12,000.00 48 Chaison Park $25.00 $1,200.00 $45.00 $2,160.00 $90.00 $4,320.00 $83.00 $3,984.00 $100.00 $4,800.00 48 Chariton Pollard Park $65.00 $3,120.00 $250.00 $12,000.00 $180.00 $8,640.00 $200.00 $9,600.00 $200.00 $9,600.00 48 Combest Park $35.00 $1,680.00 $45.00 $2,160.00 $90.00 $4,320.00 $110.00 $5,280.00 $100.00 $4,800.00 48 Cottonwood Park $35.00 $1,680.00 $45.00 $2,160.00 $90.00 $4,320.00 $100.00 $4,800.00 $110.00 $5,280.00 48 Fletcher Mini Park $15.00 $720.00 $30.00 $1,440.00 $63.00 $3,024.00 $55.00 $2,640.00 $50.00 $2,400.00 48 Forest Park $32.00 $1,536.00 $35.00 $1,680.00 $63.00 $3,024.00 $83.00 $3,984.00 $100.00 $4,800.00 48 Gilbert Park $30.00 $1,440.00 $30.00 $1,440.00 $63.00 $3,024.00 $138.00 $6,624.00 $100.00 $4,800.00 48 Guseman Park $35.00 $1,680.00 $45.00 $2,160.001 $90.00 $4,320.00 $123.00 $5,904.00 $100.00 $4,800.00 48 Halbouty Park $70.00 $3,360.00 $70.00 $3,360.00 $126.00 $6,048.00 $138.00 $6,624.00 $150.00 $7,200.00 48 Hebert Park $20.00 $960.00 $20.00 $960.00 $72.00 $3,456.00 $110.00 $5,280.00 $100.00 $4,800.00 48 Ida Reed Park $30.00 $1,440.00 $35.00 $1,680.00 $126.00 $6,048.00 $165.00 $7,920.00 $100.00 $4,800.00 48 Jacobs Park $15.00 $720.00 $30.00 $1,440.00 $63.00 $3,024.00 $83.00 $3,984.00 $50.00 $2,400.00 48 JP Richardson Center $25.00 $1,200.00 $30.00 $1,440.00 $90.00 $4,320.00 $83.00 $3,984.00 $50.00 $2,400.00 48 Liberia Park $65.00 $3,120.00 $60.00 $2,880.00 $126.00 $6,048.00 $150.00 $7,200.00 $130.00 $6,240.00 48 Magnolia Park $185.00 $8,880.00 $250.00 $12,000.00 $360.00 $17,280.00 $380.00 $18,240.00 $351.00 $16,848.00 48 Maple/Oakland $6.00 $268.00 $30.00 $1,440.00 $90.00 $4,320.00 $55.00 $2,640.001 $50.00 $2,400.00 48 McLean Park $35.00 $1,680.00 $50.00 $2,400.00 $126.00 $6,048.00 $95.00 $4,560.001 $100.00 $4,800.00 48 Perlstein Park $125.00 $6,000.00 $135.00 $6,480.00 $180.00 $8,640.00 $335.00 $16,080.00 $260.00 $12,480.00 48 Pine Street Park $130.00 $6,240.00 $250.00 $12,000.00 $180.00 $8,640.00 $190.00 $9,120.00 $370.00 $17,760.00 48 Pipkin Park $70.00 $3,360.00 $60.00 $2,880.00 $126.00 $6,048.00 $150.00 $7,200.00 $125.00 $6,000.00 48 Roberts Park $30.00 $1,440.00 $50.00 $2,400.00 $126.00 $6,048.00 $128.00 $6,144.00 $125.00 $6,000.00 48 Rogers Park $200.00 $9,600.00 $275.00 $13,200.00 $360.00 $17,280.00 $278.00 $13,344.00 $350.00 $16,800.00 48 Sprott Park $130.00 $6,240.00 $135.00 $6,480.00 $360.00 $17,280.00 $245.00 $11,760.00 $250.00 $12,000.00 48 Weiss Park $35.001 $1,680.00 $50.00 $2,400.00 $126.00 $6,048.00 $165.00 $7,920.00 $100.00 $4,800.00 48 Wuthering Heights Park $200.001 $9,600.001 $250.001 $12,000.00 $360.001 $17,280.001 $440.00 U1,120-001 $416.001 $19,968.00 (CONTINUED ON PAGE 2) is BID TAB: GROUNDS MAINTENANCE-CITY PARKS&TRIANGLES Page 2 BID OPENING DATE: Thursday, April 20,2006 @ 2 PM Approx. Vendor. Perfect Cut Lawn Care Yardboy Lawn Care Service Garden of Gethsemane Lawn Specialties Torres Lawn Service of Mows C' !State: Beaumont,TX Beaumont,TX Beaumont,TX Beaumont,TX Beaumont,TX TRIANGLES Price per Mow Total Price per Mow Total Price per Mow Total Price per Mow Total Price per Mow F77TRal 21 2800 Arthur Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.001 $40.00 $840.00 $50.00 $1,050.00 21 800 Ascot Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $33.00 $693.00 $50.00 $1,050.00 21 1600 Ave.C Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 Brown Tree Plaza $6.00 $126.00 $5.00 $105.00 $90.00 $1,890.00 $35.00 $735.00 $50.00 $1,050.00 21 1500 Burt Q Carroll Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $35.00 $735.00 $50.00 $1,050.00 21 100 W.Circuit Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.001 $50.00 $1,050.00 21 College and S.11th Triangle $40.00 $840.00 $10.00 $210.00 $90.00 $1,890.00 $48.00 $1,008.00 $50.00 $1,050.00 21 800 Eight St.Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 Fannett&11th St $6.00 $126.00 $5.00 $105.00 $63.00 $1,323.00 $35.00 $735.00 $50.00 $1,050.00 21 700 Harriot(a Kenneth Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 400 Jay Q Kohler Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $40.00 $840.00 $50.00 $1,050.00 21 500 Jay Q Hooks Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $28.00 $588.00 $50.00 $1,050.00 21 2100 Joachimi Q Blanchette T $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 4000 East Lynwood Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 2400 West Lynwood Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $30.00 $630.00 $50.00 $1,050.00 21 1200 Oakcrest Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 Pecos Blvd from 7th to Jaguar $25.00 $525.00 $10.00 $210.00 $90.00 $1,890.00 $45.00 $945.00 $50.00 $1,050.00 21 1500 Pipkin Ave.Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 700 Rankin Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 1900 Royal Q Ave.F Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $25.00 $525.00 $50.00 $1,050.00 21 12100 Royal Q Ave.G Triangle $6.00 $126.00 $5.00 $105.00 $36.00 $756.00 $30.00 $630.00 $50.00 $1,050.00 21 11700 Sarah a Bob Triangle $6.001 $126.001 $5.001 $105.001 $36.001 $756.001 $25.001 $525.001 $50.001 $1,050.00 TOTAL PARKS&TRIANGLES: $119 085.00 $155 880.00 $25=609.00 $266 538.00 $274 956 00 RESOLUTION NO. WHEREAS, bids were received for a three (3)-year contract for grounds maintenance services at twenty-nine (29) parks and various street triangles as shown on Exhibit "A"; and, WHEREAS, Perfect Cut Lawn Care, Beaumont,Texas, submitted a bid in individual amounts for each location as shown on Exhibit"B"for an estimated annual expenditure of $119,085; and, WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for a three (3)-year contract for grounds maintenance services at twenty-nine (29) parks and various street triangles as shown on Exhibit"A" in the individual amounts for each location as shown on Exhibit "B" for an estimated annual expenditure of $119,085 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. - Mayor Guy N. Goodson - PARK AND TRIANGLE LOCATIONS Alice Keith Park 4050 Reed St. Babe Zaharas Park&Museum Grounds 1750 IH 10 E Caldwood Park 250 E. Caldwood Central Park 640 Fourth St. Chaison Park 1305 Harriot Charlton Pollard Park 2025 Sabine Pass Combest Park 3395 Blackmon Lane Cottonwood Park 200 Cottonwood Fletcher Mini Park 1090 Avenue C Forest Park 380 Potter Gilbert Park 2813 Calder Guseman Park 8150 Park North Dr. Halbouty Park 5780 Gober Hebert Park 2310 Smart St. Ida Reed Park 2348 Louisiana Jacobs Park 2320 Jacobs JP Richardson Center 1870 Louisiana Liberia Park 2305 011ie St Magnolia Park 2855 Magnolia Maple/Oakland 1450 Maple McLean Park 2255 Pecos Perlstein Park 8900 Landis Pine Street Park 3410 Pine St. Pipkin Park 1350 Pennsylvania Roberts Park 2755 Avenue C EXHIBIT "A" Rogers Park 1455 Dowlen Sprott Park 4325 Usan Weiss Park 255 Magnolia Wuthering Heights Park 3650 Delaware 2800 Arthur Triangle 500 Jay @ Hooks Triangle 800 Ascot Triangle 2100 Joachimi @ Blanchette Triangle 1600 Ave. C Triangle 4000 East Lynwood Triangle Brown Tree Plaza, 3400 Phelan 2400 West Lynwood Triangle 1500 Burt @ Carroll Triangle 1200 Oakcrest Triangle 100 W. Circuit Triangle Pecos Blvd., from 7`' St. to Jaguar St. College and S. I Vh Triangle 1500 Pipkin Ave. Triangle 800 Eight St. and College St. Triangle 700 Rankin Triangle Fannett& 11`t' St. Triangle 1900 Royal @ Ave. F Triangle 700 Harriot @ Kenneth Triangle 2100 Royal @ Ave. G Triangle 400 Jay @ Kohler Triangle 1700 Sarah @ Bob Triangle Approx.# Vendor: Perfect C t Lawn Care of Mows City/State: Beau iont,TX PARKS Price per Mow Total 48 Alice Keith Park $200.00 $9,600.00 48 Babe Zaharas Park&Museum $395.00 $18,960.00 48 Caldwood Park $32.00 $1,536.00 48 Central Park $130.00 $6,240.00 48 Chaison Park $25.00 $1,200.00 48 Charlton Pollard Park $65.00 $3,120.00 48 Combest Park $35.00 $1,680.00 48 Cottonwood Park $35.00 $1,680.00 48 Fletcher Mini Park $15.00 $720.00 48 Forest Park $32.00 $1,536.00 48 Gilbert Park $30.00 $1,440.00 48 Guseman Park $35.00 $1,680.00 48 Halbou Park $70.00 $3,360.00 48 Hebert Park $20.00 $960.00 48 Ida Reed Park $30.00 $1,440.00 48 Jacobs Park $15.00 $720.00 48 JP Richardson Center $25.00 $1,200.00 48 Liberia Park $65.00 $3,120.00 48 Magnolia Park $185.00 $8,880.00 48 Maple/Oakland $6.00 $288.00 48 McLean Park $35.00 $1,680.00 48 Perlstein Park $125.00 $6,000.00 48 Pine Street Park $130.00 $6,240.00 48 Pi kin Park $70.00 $3,360.00 48 Roberts Park $30.00 $1,440.00 48 Rogers Park $200.00 $9,600.00 48 Sprott Park $130.00 $6,240.00 48 Weiss Park $35.00 $1,680.00 48 Wuthering Heights Park 1 $200.001 $9,600.00 TRIANGLES Price per Mow Total 21 2800 Arthur Triangle $6.00 $126.00 21 800 Ascot Triangle $6.001 $126.00 21 1600 Ave. C Triangle $6.00 $126.00 21 Brown Tree Plaza $6.001 $126.00 21 1500 Burt @ Carroll Triangle $6.00 $126.00 21 100 W. Circuit Triangle $6.00 $126.00 21 College and S. 11th Triangle $40.00 $840.00 21 800 Eight St.Triangle $6.001 $126.00 21 Fannett& 11th St $6.00 $126.00 21 700 Harriot @ Kenneth Triangle $6.00 $126.00 21 400 Jay Kohler Triangle $6.00 $126.00 21 500 Jay Hooks Triangle $6.00 $126.00 21 2100 Joachimi @ Blanchette Tri. $6.00 $126.00 21 4000 East Lynwood Triangle $6.00 $126.00 21 2400 West Lynwood Triangle $6.00 $126.00 21 1200 Oakcrest Triangle $6.001 $126.00 21 Pecos Blvd from 7th to Jaguar St $25.00 $525.00 21 1500 Pi kin Ave.Triangle $6.00 $126.00 21 700 Rankin Triangle $6.00 $126.00 21 1900 Royal @ Ave. F Triangle $6.00 $126.00 21 2100 Royal @ Ave. G Triangle $6.00 $126.00 21 �1 1700 Sarah A Bob Triangle 6.00 126.00 TOTAL PARKS&TRIANGLES: 119 085.00 EXHIBIT "B" 0 3 May 9, 2006 Consider approving a contract for the Summer Food Service Program administered by the Texas Department of Human Services 0 0 ICitof Beaumont . Y Council Agenda Item K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: May 9, 2006 AGENDA MEMO DATE: April 28, 2006 REQUESTED ACTION: Council consider a contract for the Summer Food Service Program. RECOMMENDATION Administration recommends awarding a contract to Moncla's, Inc. of Beaumont, Texas, for furnishing lunches for the Summer Food Service Program sponsored by the Recreation Division in the amount of$2.59 per lunch served. BACKGROUND The program,which is funded by the U.S.Department of Agriculture and administered by the Texas Department of Human Services,provides free,nutritious, and well balanced meals to any child up to eighteen(18) years of age. This is the fifteenth year the Recreation Division has participated in this program. The 2006 Summer Food Service Program will provide lunches at the following ten(10) locations: SITE ADDRESS L.L. Melton Y.M.C.A. 3455 Sarah Sprott Park 4325 Usan Roberts Park 2755 Avenue C Alice Keith Park 4050 Reed SE TX Family Resource Center 2060 Irving Magnolia Park 2930 Gulf Summer Food Service Program April 28, 2006 Page 2 Tracewood Apartments 4925 Concord North Ridge Apartments 4155 Maida Concord Homes Apartments 2020 Cottonwood Magnolia Garden Apartments 3720 Magnolia The program will begin June 5,2006 and continue through August 11,2006. Lunches will be served Monday through Friday excluding the Independence Day holiday on July 4, 2006. The number of lunches to be served at each location will be determined by the enrollment in summer activities, although participation is not a requirement to receive a lunch. Last year, 25,256 meals were delivered by Moncla's Inc. at a cost of$2.24 per lunch for a total of $56,573.44. Lunches were served for forty-nine (49) days last summer at ten (10) locations. The number of lunches served this year is expected to increase by about 10%to approximately 27,800 due to increased participation. Bids were solicited from thirteen (13) food service vendors. Bids were received as follow: VENDOR PRICE PER LUNCH Moncla's Inc., Beaumont, TX $2.59 Jason's Deli, Beaumont, TX $4.50 BUDGETARY IMPACT The cost of each lunch served will be reimbursed to the City from the Texas Department of Human Services. The cost based on serving an estimated quantity of 27,800 lunches at $2.59 each is $72,002. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Internal Services Director. RESOLUTION NO. WHEREAS, bids were received for a contract to furnish lunches for the Summer Food Service Program sponsored by the Recreation Division ; and, WHEREAS, Moncla's, Inc., Beaumont, Texas, submitted a bid for an estimated quantity of 27,800 lunches served in the amount of $2.59 per lunch for an estimated expenditure of$72,002; and, WHEREAS, City Council is of the opinion that the bid submitted by Moncla's, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Moncla's, Inc., Beaumont,Texas,for the Summer Food Service Program sponsored by the Recreation Division for an estimated quantity of 27,800 lunches served in the amount of $2.59 per lunch for an estimated expenditure of $72,002 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May, 2006. - Mayor Guy N. Goodson -