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PACKET MAR 19 2019
BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 19, 2019 1:30 PM CONSENT AGENDA Approval of minutes — March 5, 2019 Confirmation of board and commission member appointments A) Authorize the City Manager to enter into a contract with Triangle Area Network for the Continuum of Care Grant from the Department of Housing and Urban Development B) Authorize the City Manager to execute Change Order No. 6 for the Washington Boulevard Project (Loma Lane east to IH -10) C) Approve a contract with Pro Demolition, LLC of Fresno, Texas for the demolition of twenty residential structures D) Approve a contract with GT Distributors, Inc. of Austin for the purchase of uniforms for the Police Department E) Approve a resolution accepting payment for multiple weed liens and waiving interest F) Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes G) Authorize the City Manager to sign a Memorandum of Understanding with Texas DPS agreeing to guidelines for use of mutual -aid radio channels H) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 6155 Eastex Freeway I) Authorize the City Manager, or his designee, to execute all documents necessary, for an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager L`S is PREPARED BY: Chris Boone, Planning & Community Development'Director MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a contract with Triangle Area Network for the Continuum of Care (COC) Grant from the Department of Housing and Urban Development. BACKGROUND The City of Beaumont, as the lead agency receives a renewal grant allocation of Continuum of Care (COC) funds from the U.S. Department of Housing and Urban Development (HUD). Formerly known as the Shelter Plus Care (S+C) Program, it has been consolidated with other HUD competitive homelessness assistance grant programs, including the Supportive Housing Program (SHP) and the Section 8 Moderate Rehabilitation/Single Room Occupancy (SRO) Program, to create the new Continuum of Care (COC) Program. Continuum of Care assists hard to serve homeless individuals with disabilities and their families. These individuals primarily include those with serious mental illness, chronic problems with alcohol and/or drugs, and HIV/AIDS or related diseases. The COC Program consists of four components: Tenant -Based Rental Assistance (TRA), Sponsor -Based Rental Assistance (SRA), Project -Based Rental Assistance (PRA) and Moderate Rehabilitation for Single Room Occupancy Dwellings (SRO). The City of Beaumont in conjunction with Triangle Aids Network provide the Tenant -Based Rental Assistance (TRA) component to the areas homeless individuals that have been diagnosed with HIV/AIDS. The grant amount for rental and utility assistance is $146,364 and $8,444 for the administrative costs associated with administering the program. The City of Beaumont will reimburse Triangle Aids Network (TAN) for all eligible costs to operate the program and then draw the funds from the U.S. Treasury. FUNDING SOURCE 2018 Continuum of Care Grant from the U.S. Department of Housing and Urban Development (HUD). RECOMMENDATION Approve the resolution. sSdcbspr. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT * III�III * WASHINGTON, DC 20410-7000 ac acM OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT January 26, 2019 Ms. Jo Patillo Community Development Block Grant Manager City of Beaumont 801 Main Street Beaumont, TX 77701 Dear Ms. Patillo: Congratulations! I am delighted to inform you that HUD selected the project application(s) your organization submitted for funding under Fiscal Year (FY) 2018 Continuum of Care (CoC) Program project application(s) for a total of $154,808. The CoC Program is an important part of HUD's mission. CoCs around the country will continue to improve the lives of men, women, and children through their local planning efforts and through the direct housing and service programs funded under the FY 2018 CoC Program Competition. Projects like those of your organization, funded through the CoC program, continue to demonstrate their value by improving accountability and performance every year. The enclosure provides details about your organization's award(s) including: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for each conditionally selected application. At this time, HUD field office staff are not available to execute grant agreements. HUD will notify you when local field offices are available to process grant agreements, and once all conditons are satisfied and the grant agreement is executed, your organization can expend funds. If you wish to appeal this decision, you will have 45 days to make such an appeal beginning when HUD makes the final award announcement. The final award announcement will be made shortly after HUD resumes normal operations. HUD will send an announcement over the listsery to indicate that a final award announcement has been made and indicating the deadline for appeals. See Section X of the FY 2018 NOFA for more details. HUD commends your organization's work and encourages it to continue to strive for excellence in the fight to end homelessness. Enclosure Sincerely, David C. Woll Jr. Principal Deputy Assistant Secretary www.hud.gov espanol.hud.gov TX0219L6E071811 City of Beaumont $154,808 f 1 Enclosure Total Amount: $154,808 2/15/2019 FY 2018 CoC Renewal TX0219L6E071,Q 1 } 4) Reply all v ® Delete Junk v ••• FY 2018 CoC Renewal TX0219L6E0718111 EM Elo, Mary M <Mary.M.Elo@hud.gov> Today, 12:25 PM Inbox Chris Boone; JoAnn Patillo; Janice Ridley; Johnson, Stacia L <Stacia.L.Johnson@hud.gov> City of Beaumont Scope... v 98 KB v Show all 1 attachments (98 KB) Download Save to OneDrive -City of Beaumont Mr. Christopher S. Boone, AICP Director of Planning & Community Development City of Beaumont SUBJECT: Transmittal of Scope of Work for FY 2018 Competition Program: CoC Program: (CoC: TX -607) — Permanent Housing (PH) Grant Number: TX0219L6E071811 b h Reply all I v Congratulations on the CoC funding in the amount of $154,808.00 under the Department of Housing and Urban Development's (HUD) Fiscal Year (FY) 2018 CoC Housing Program. Addressing homelessness is one of the Department's top priorities and your project will make a significant contribution toward the continuum of care system in your community. The attached file containing the Scope of Work for FY 2018 Competition pen -nits the processing of the FY 2018 renewal grant. Please print three copies of the grant agreements. Date and sign each copy with an original signature and return a signed copy of the grant agreement via email to: HOUSTONFY2018COCRENEWAL@HUD.GOV. We also ask that your agency return the following information to that same mailbox: 1. A copy of your SAM's report confirming that your DUNS number is active 2. A copy of your agency's banking information (if this has changed use the SF -1199a form and provide a scanned copy of a voided check), if the information is the same, please provide the following statement " Our agency banking information has not changed'— you will also need to include the PY 2018 and prior year grant numbers 3. A copy of the environmental review document You will also need to mail three fully signed copies of the agreement along with the other requested documents to this office within 30 days of receipt of this email. The mailing address is: US Department of Housing and Urban Development Office of Comimunity Planning and Development 1301 Fannin Suite 2200 Houston, TX 77002 - - - - ----------------- Once your grant agreements have been executed by this office, a copy will be returned to you for your records. NOTE: No funds can be disbursed for this project until a fully executed agreement is in place, and the environmental review document for this grant has been received and reviewed by HUD. The obligations for the CoC funds toward this renewal project are: a. Rental Assistance $146,364 b. Administration $8,444 https://outlook.office.com/owa/projection.aspx 1/2 2/15/2019 - FY 2018 CoC Renewal TX0219L6E07' —')1 t Reply all I v ® Delete Junk v ••• with this renewal grant or if additional information is needed, please let me know. Thanks Mary Elo This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. httnc•//nirflnnic nffir nnm/MA-Inrniantinn ncnv 7/7 Recipient Name: City of Beaumont Grant Number: TX0219L6E071811 Tax ID Number: 74-6000278 DUNS Number: 073901118 SCOPE OF WORK for FY2018 COMPETITION (funding l project in CoCs with multiple recipients) I. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant fiords and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_154808_ for project number _TX02191,6E071811_. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 146364 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 8444 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov Recipient Name: City of Beaumont Grant Number: TX0219L6E071811 Tax ID Number: 74-6000278 DUNS Number: 073901118 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_154808_ for project number _TX0219L6E071811_. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 146364 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Infonnation System $ 0 j. Administrative costs $ 8444 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov I. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months: 12_. The performance period for the project begins _02-01-2019 and ends 01-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development (Signature) Stacia L. Johnson, Director (Typed Name and Title) (Date) RECIPIENT City of Beaumont (Name of Organization) (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date wviv.hud.gov espunol.hud.gov Tax ID No.: 74-6000278 CoC Program Grant Number: TX0219L6E071811 Effective Date: DUNS No.: 073901118 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name Indirect cost rate Cost Base TX0219L6E071811 wmdiud.gov espanol.hud.gov RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract, substantially in the -form attached hereto as Exhibit "1," with Triangle Area Network for the Continuum of Care (CoC) Grant through the United States Department of Housing and Urban Development; and, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - RICU aaa:N aara�saua�s� BEAU NN T • E • X • A • $ AGREEMENT BETWEEN THE CITY OF BEAUMONT AND TRIANGLE AREA NETWORK 112t EOVAL MOUSM OPPORTUNITY This Agreement is made and entered into between the City of Beaumont, Texas, hereinafter referred to as CITY, and Triangle Area Network, hereinafter referred to as SUBRECIPIENT pursuant to the authority of Resolution 19- , passed by the Beaumont City Council on .2019. This assistance will be funded in whole by the U.S. Department of Housing and Urban Development, Continuum of Care Program. WHEREAS, City has designated the Department of Community Development Block Grants Administration responsible for the administration of this Agreement and all matters pertaining thereto; and; WHEREAS, the Continuum of Care Program (CoQ is authorized by Title IV, subtitle F, of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11403- 11407b). CoC is designed to provide rental assistance, in connection with supportive services for hard -to -serve homeless persons with disabilities (primarily those who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and their families; WHEREAS, the U.S. Department of Housing and Urban Development has awarded CITY a grant in the amount of $154,808.00 under the FY2018 Continuum of Care TRA Program, grant #TX0219L6E071710-TRA, to administer and provide tenant -based rental assistance (TRA) of (17) scattered site units for a period of one year, and; WHEREAS, in the FY18 grant CITY has engaged SUBRECIPIENT as the agency that would administer the rental assistance subsidies provided under the program; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and the performance and accomplishment of the conditions hereinafter described. 1. TERM Subject to the provisions of this Grant Agreement, the CITY will make funding assistance available to SUBRECIPIENT upon execution of the Grant Agreement by both parties. The grant period will extend from the 1St day of February, 2019 through the 31St day of January, 2020 unless sooner terminated in accordance with Section 25, Termination. EXHIB 2. RESPONSIBILITIES SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described as set forth in Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT's Executive Officer to be SUBRECIPIENT's representative responsible for the management of all contractual matter pertaining hereto, unless written notification to the contrary is received from SUBRECIPIENT, and approved by CITY. Pursuant to receiving the equivalent amount of fund from the U.S. Department of Housing and Urban Development, The City has allocated the sum of $154,808.00 to be expended under this contract. Unless an, amendment to this contract otherwise provides, that amount shall in no event be exceeded and the City shall under to circumstance be required to pay in excess of that amount. The CITY'S CDBG Manager will be CITY'S representative responsible for the administration of this Agreement. 3. CITY'S OBILIGATION A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and in accordance with the project budget attached hereto as Exhibit C and the Statement of Work herein attached as Exhibit A and incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $154,808.00. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by SUBRECIPIENT and receipt of a request for payment with appropriate documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Project Budget attached hereto and incorporated herein for all purposes as Exhibit C, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENT'S financial management system in accordance with the standards specified in OMB Circular A-110, attached hereto as Exhibit D and incorporated herein by reference. 1. The parties expressly understand and agree that the CITY'S obligations under this Section are contingent upon the actual receipt of adequate Shelter Plus Care (S+C) funds to meet CITY'S liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the .amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If S+C funds eligible for use for purposes ,of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement 2. It is expressly understood that this Agreement in no way obligates the General -Fund or any other monies or credits of the City of Beaumont. 3. CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or, without prior approval from CITY, after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) reimbursement from CITY has not been requested within 90 calendar days following billing to SUBRECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. 4. CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. 5. CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or services. 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A.' SUBRECIPIENT understands that funds provided pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and 'Urban Development) under the Title IV, Subtitle F, of the Stewart B. McKinney Homeless Assistance Act, as amended, in accordance with an approved Grant Application and specific assurances. The foregoing is in no way meant to constitute ,a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. SUBRECIPIENT fiuther assures and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement., SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110, A-122, A-87 and A-133 as applicable. B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, ordinances of the City of Beaumont and local program requirements. C. SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in 24 CFR 582 and 24 CFR 582.400 subpart E Exhibit B, with the exceptions noted below: 1. SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 582.230; and 2. SUBRECIPIENT does not assume the CITY'S responsibility for initiating the review process under the provisions of 24 CFR Part 582. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter' into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT, does hereby warrant and guarantee that he; she, or they have been fully authorized by , SUBRECIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority -of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT. is liable to CITY for any money it has received from CITY for performance of the provisions of this agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources; services, or other benefits which would have been available to, or provided through, SUBRECIPIENT had this Agreement not been executed. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and services set out in the Statement of Work, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in the Project Budget, Exhibit C, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Statement of Work without the prior written approval of the City's Community Development Grants Administrator. 7. PAYMENTS TO SUBRECIPIENT A. Payments to SUBRECIPIENT. The CITY shall pay to the SUBRECIPIENT a maximum amount of money totaling $154,808.00 for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the SUBRECIPIENT within thirty days after CITY has received approved supporting documentation of eligible expenditures. SUBRECIPIENT'S failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of providing services described in the Statement of Work herein attached as Exhibit A and based on the Project Budget herein attached as Exhibit C. B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY'S request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: 1. has resulted in overpayment to SUBRECIPIENT; or 2. has not been spent strictly in accordance with the terms of this Agreement; or 3. is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs: Upon termination of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the U. S. Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. D. Reversion of Assets. Upon expiration of this Agreement, SUBRECIPIENT shall transfer to the CITY any CoC/SPC funds on hand at the time, of expiration and any accounts receivable attributable to the use of CoC/SPC funds. If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of written notice to SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. 8. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against SUBRECIPIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY. G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. l 9. COVENANTS A. During the period of time that payment may be made hereunder 'and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development Administrator or his authorized representative: 1. Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to any assets of SUBRECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. 2. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. 3. Sell, convey, or lease all or substantial part of its assets. 4. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. 5. Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A: Costs shall be considered allowable only if incurred directly and -specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and C. B. Approval of SUBRECIPIENT'S project budget, -Exhibit C, does not constitute prior written approval, even though certain items may appear herein. CITY'S prior written authorization is required in order for the following to be considered allowable costs: 1. CITY shall not be obligated to any third parties, including any subrecipients of SUBRECIPIENT, and- CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. 2. Out of town travel. 3. Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. 4. Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit C. 5. Costs or fees for temporary employees or services. 6. Any fees or payments for consultant services. 7. Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are SUBRECIPIENT'S responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement ' or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. C. Equipment purchased by SUBRECIPIENT will be affixed with an asset tag by a Community Development representative and will remain in inventory for a period of five (5) years. During inventory period the equipment, belonging to the Department of Housing and Urban Development is to be used to carry out the proposed activities described in the Statement of Work, Attachment A, and as such may not be sold, donated, or destroyed. After the inventory period, ownership of the equipment will revert to the SUBRECIPIENT'with all rights thereof. 11. PROGRAM INCOME A. For purposes of this Agreement, program income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT'S management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage of rental or lease fees, income produced from contract -supported services of individuals or employees or from the use or sale of equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPIENT agree, that any fees collected for services performed by SUBRECIPIENT shall be used for payment of costs associated with service provision. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the requirements of this Agreement and the regulations found at CFR 24, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its sub -contracts which involve other income producing services or activities. D. It is SUBRECIPIENT'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received under this Agreement, in compliance with .the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management including OMB circulars A-87, A-110, A-122 and A-133 as applicable; Title 24 CFR Section 582 as it pertains to costs incurred, audits, program income, administration and other activities and functions. SUBRECIPIENT'S record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years after all funds have been expended. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary the SUBRECIPIENT shall make available to CITY, the U. S. Department of Housing and Urban Development, or any of their authorized representatives, all of its records and shall permit CITY, the U. S. Department of Housing and Urban Development, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require SUBRECIPIENT shall ,furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit beneficiary and financial reports to the CITY, as requested, at least once and not to exceed quarterly during the program year. The beneficiary report shall detail client information; including race, income, female head of household and other statistics required by the CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports shall be due to CITY within 15 working days after request by CITY. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit a copy of any audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives more than $750,000 in federal funding, the audit must be conducted in accordance with OMB Circular A-133 as applicable. 14. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of SUBRECIPIENT'S performance under this Agreement. B. SUBRECIPIENT agrees that the CITY may carry out monitoring and evaluation activities to ensure adherence by SUBRECIPIENT to the Statement of Work attached hereto as Exhibit A, as well as other provisions of this Agreement. C. SUBRECIPIENT agrees to cooperate fully with the CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by the CITY to be necessary for the CITY to effectively fulfill its monitoring and evaluation responsibilities. D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay the CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, the CITY shall provide the SUBRECIPIENT with a written report of monitoring findings documenting findings and concerns that will require a written response to the CITY. An acceptable response must be received by the CITY within sixty (60) days from the SUBRECIPIENT'S receipt of the monitoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT'S failure to submit a response within sixty (60) days. F. The SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the SUBRECIPIENT'S funding or regulatory bodies to the CITY within five working days of receipt by the SUBRECIPIENT. 15. DIRECTOR'S MEETINGS During the terms of this Agreement, at the request of the CITY, SUBRECIPIENT shall cause to be delivered to the CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notices, if so requested, shall be delivered to the CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors meetings. Minutes of all meetings of the SUBRECIPIENT'S governing body shall be available, and upon request, be provided to the CITY within ten days after Board approval. 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, - shall be covered by liability insurance, commonly referred to as Owner/Tenant coverage with the CITY named as additional insured. Upon request of the SUBRECIPIENT, the CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. SUBRECIPIENT will comply with applicable workers compensation statues and will obtain employers liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT'S files. E. Actual losses not covered by insurance as required by this Section are not allowable under this Agreement, and remain the sole responsibility of the SUBRECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that the CITY and the SUBRECIPIENT be notified in writing of any cancellation or change in policy at least thirty (3 0) days prior to such change or cancellation. 17. CIVIL RIGHTS/EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal opportunity and affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, gender, age or disability. The SUBRECIPIENT will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of SUBRECIPIENT'S non-compliance with the non-discrimination requirements, the CITY may cancel or terminate this Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with the CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by the SUBRECIPIENT and shall be available for examination. Such personnel policies shall: A. Be in writing and shall be approved by the governing body of the SUBRECIPIENT and the CITY. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree,with the performance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its,governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, sub -recipients or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself or others particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporations, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by SUBRECIPIENT, or is a member of SUBRECIPIENT'S governing board. The term member of immediate family includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step parent, step -child, half-brother and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying and/or propaganda purposes designed to support or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not under the term of this Agreement: Use their official position or influence to affect the outcome of an election or nomination. 2. Solicit contributions for political purposes; or 3. Take an active part in political management or in political campaigns. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit E and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the advertising medium shall state that the U. S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Beaumont has made the project possible. , B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Beaumont's Community Development Block Grant Program, with funding received fromrthe United States Department of Housing, and Urban Development. C. All reports, documents, studies, charts,' schedules or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquires, correspondence and related material submitted by SUBRECIPIENT. 23. CHANGES AND AMENDMENTS A. Any alterations, additions or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within project budget categories set forth in Exhibit C without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information, whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit C. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date ;specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A, which may include an increase or decrease in the amount of SUBRECIPIENT'S compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletion, or additions to the Contact Budget Detail incorporated in Exhibit C shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT'S failure to timely and properly perform each of the requirements, time conditions and duties provided herein, the CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUBRECIPIENT, withhold fiirther payments to SUBRECIN ENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph. 1. SUBRECIPIENT'S failure to attain compliance during any prescribed period of suspension as provided in Section 24. 2. SUBRECIPIENT'S failure to materially comply with any of the terms of this Agreement. 3. SUBRECIPIENT'S violation of covenants, agreements or guarantees of this Agreement. 4. Termination or reduction of funding by the United States Department of Housing and Urban Development. 5. Finding by the CITY that SUBRECIPIENT a. Is in such unsatisfactory financial condition as to endanger performance under this Agreement. b. has allocated inventory to this Agreement substantially exceeding reasonable requirements; C. is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. 6. Appointment of a trustee, receiver or liquidator for all or substantial part of SUBRECIPIENT'S property, or institution of bankruptcy, 'reorganization, rearrangement of or liquidation proceedings by or against SUBRECIPIENT. 7. SUBRECIPIENT'S inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 23 (D), of this Agreement. 8. The commission of an act of bankruptcy. 9. SUBRECIPIENT'S violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. A. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination may be. made to other funding sources specified in Exhibit C. B. CITY may terminate this Agreement for convenience at any time. If CITY terminates the Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of SUBRECIPEINT covered by the Agreement, less payments previously made. C. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT'S organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall, not be liable to SUBRECIPIENT or SUBRECIPIENT'S creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. E. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), ficin, corporation or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding, the basis of such claim, action or proceeding, and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. A. It is expressly understood and agreed by both parties hereto that the CITY is contracting with the SUBRECIPIENT as an independent SUBRECIPIENT and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY, its agents, employees, or SUBRECIPIENTs from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or SUBRECIPIENTS. 28. NON -RELIGIOUS ACTIVITIES The SUBRECIPIENT will provide all services under this Agreement in a manner that is exclusively non -religious in nature and scope. There shall be no religious services, proselytizing, instruction or any other religious preference, influence or discrimination in connection with providing the services hereunder. 29. MISCELLANEOUS A. SUBRECIPIENT shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed 'by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to the U. S. Department of Housing and Urban Development for matters of compliance, will have the final authority to render or to secure an interpretation. F. For the purpose of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and addresses set forth below: TO CITY: TO SURRECIPIENT: Mr. Kyle Hayes Mrs. Dena Gray Hughes City Manager Executive Director City of Beaumont Triangle Area Network P. O. Box 3827 1495 N. 7t' Street Beaumont, TX 77704 Beaumont, TX 77702 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Jefferson County Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of , 2019. CITY OF REAUMONT: BY: Kyle Hayes, City Manager Triangle Area Network (TAN): BY: Date ATTEST: BY: Tina Broussard, City Clerk ATTEST: BY: in �1'1Io _IIKAI TAN, located at 1495 N. 7th Street, Beaumont, Texas 77702, shall use the Continuum of Care awarded funds in the amount of ($154,808.00) to pay for administrative costs ($8,444.00), and ($146,364.00) for tenant based rental assistance, for (17) scattered site units which will provide housing for clients that have been diagnosed and are living with HIV, as outlined the projected budget. SUBRECIPIENT shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. EXHIBIT B § 581.13 if no completed applications or re- quests for extensions have been re- ceived by HHS within 90 days from the date of the last expression of interest, disposal may proceed in accordance with applicable law. § 581.13 Waivers. The Secretary may waive any re- quirement of this part that is not re- quired by law, whenever it is deter- mined that undue hardship would re- sult from applying the requirement, or where application of the requirement would adversely affect the purposes of the program. Each waiver will be in writing and will be supported by docu- mentation of the pertinent facts and grounds. The Secretary periodically will publish notice of granted waivers in the FEDERAL REGISTER. PART 582—SHELTER PLUS CARE Subpart A—General Sec. 582.1 Purpose and scope. 582.5 Definitions. Subpart B—Assistance Provided 582.100 Program component descriptions. 582.105 Rental assistance amounts and pay- ments. 582.110 Matching requirements. 582.115 Limitations on assistance. 582.120 Consolidated plan. Subpart C—Application and Grant Award 582.200- Application and grant award. 582.230 Environmental review requirements. Subpart D—Program Requirements 582.300 General operation. 582.305 Housing quality standards; rent rea- sonableness. 582.310 Resident rent. 582.315 Occupancy agreements. 582.320 Termination of assistance to partici- pants. 582.325 Outreach activities. 582.330 Nondiscrimination and equal oppor- tunity requirements. 582.335 Displacement, relocation, and .real property acquisition. 582.340 Other Federal requirements. Subpart E—Administration 582.400 Grant agreement. 582.405 Program changes. 582.410 Obligation and deobligation of funds. 24 CFR Ch. V (5-1-01 Edition) AUTHORITY: 42 U.S.C. 3535(d) and 11403- 11407b. SOURCE: 58 FR 13892, Mar. 15, 1993, unless otherwise noted. Subpart A—General § 582.1 Purpose and scope. (a) General. The Shelter Plus Care program (S+C) is authorized by title IV, subtitle F, of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11403- 11407b). S+C is designed to link rental assistance to supportive services for hard -to -serve homeless persons with disabilities (primarily those who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and their families. The program pro- vides grants to be used for rental as- sistance for permanent housing for homeless persons with disabilities. Rental assistance grants must be matched in the aggregate by sup- portive services that are equal in value to the amount of rental assistance and appropriate to the needs of the popu- lation to be served. Recipients are cho- sen on a competitive basis nationwide. (b) Components. Rental assistance is provided through four components de- scribed in §582.100. Applicants may apply for assistance under any one of the four components, or a combination. [58 FR 13892, Mar. 15, 1993, as amended at 61 FR 51169, Sept. 30, 1996] § 582.5 Definitions. The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA), In- dian Housing Authority (IHA), and Sec- retary are defined in 24 CFR part 5. As used in this part: Acquired immunodeficiency syndrome (AIDS) and related diseases has the meaning given in section 853 of the AIDS Housing Opportunity Act (42 U.S.C. 12902). Applicant has the meaning given in section 462 of the McKinney Act (42 U.S.C. 11403g). Eligible person means a homeless per- son with disabilities (primarily persons who are seriously mentally ill; have chronic problems with alcohol, drugs, 234 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD or both; or have AIDS and related dis- eases) and, if also homeless, the family of such a person. To be eligible for as- sistance, persons must be very low in- come, except that low-income individ- uals may be assisted under the SRO component in accordance with 24 CFR 813.105(b). Homeless or homeless individual has the meaning given in section 103 of the McKinney Act (42 U.S.C. 11302). Indian tribe has the meaning given in section 102 of the Housing and Commu- nity Development Act of 1974 (42 U.S.C. 5302). Low-income means an annual income not in excess of 80 percent of -the me- dian income for the area, as deter- mined by HUD. HUD may establish in- come limits higher or lower than 80 percent of the median income for the area on the basis of its finding that such variations are necessary because of the prevailing levels of construction costs or unusually high or low family incomes. Nonprofit organization .has the mean- ing given in section 104 of the Cran- ston -Gonzalez National Affordable Housing Act (42 U.S.C. 12704). The term nonprofit organization also includes a community mental health center es- tablished as a public nonprofit organi- zation. Participant means an eligible person who has been selected to participate in S+C. Person with disabilities means a house- hold composed of one or more persons at least one of whom is an adult who has a disability. (1) A person shall be considered to have a disability if such person has a physical, mental, or emotional impair- ment which is expected to be of long - continued and indefinite duration; sub- stantially impedes his or her ability to live independently; and is of such a na- ture that such ability could be im- proved by more suitable housing condi- tions. (2) A person will also be considered to have a disability if he or she has a de- velopmental disability, which is a se- vere, chronic disability that— (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments; § 582.5 (A) Is manifested before the person attains age 22; (iii) Is likely to continue indefi- nitely; (iv) Results in substantial functional limitations in three or more of the fol- lowing areas of major life activity: (A) Self-care; (B) Receptive and expressive lan- guage; (C) Learning; (D) Mobility; (E) Self-direction; (F) Capacity for independent living; and (G) Economic self-sufficiency; and (v) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services, which are of lifelong or extended duration and are individually planned and coordinated. (3) Notwithstanding the preceding provisions of this definition, the term person with disabilities includes, except in the case of the SRO component, two or more persons with. disabilities living together, one or more such persons liv- ing with another,person who is deter- mined to be important to their care or well-being, and the surviving member or members of any household described in the first sentence of this definition who were living, in a unit assisted under this part, with the deceased member of the household at the time of his or her death. (In any event, with re- spect to the surviving member or mem- bers of a household, the right to rental assistance under this part will termi- nate at the end of the grant period under which the deceased member was a participant.) Recipient means an applicant ap- proved to receive a S+C grant. Seriously mentally ill has the meaning given in section 462 of the McKinney Act (42 U.S.C. 114038). Single room occupancy (SRO) housing means a unit for occupancy by one per- son, which need not but may contain food preparation or sanitary facilities, or both. Sponsor means a nonprofit organiza- tion which owns or leases dwelling units and has contracts with a recipi- ent to make such units available to eli- gible homeless persons and receives 235 § 582. 100 rental assistance payments under the SRA component. State has the meaning given in sec- tion 462 of the McKinney Act (42 U.S.C. 114038). Supportive service provider, or service provider, means a person or organiza- tion licensed or otherwise qualified to provide supportive services, either for profit or not for profit. Supportive services means assistance that— (1) Addresses the special needs of eli- gible persons; and (2) Provides appropriate services or assists such persons in obtaining ap- propriate services, including health care, mental health treatment, alcohol and other substance abuse services, child care services, case management services, counseling, supervision, edu- cation, job training, and other services essential for achieving and maintain- ing independent living. (Inpatient acute hospital care does not qualify as a supportive service.). . Unit of general local government has the meaning given in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). Very low-income means an annual in- come not in excess of 50 percent of the median income for the area, as deter- mined by HUD, with .adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variations are necessary be- cause of unusually high or low family incomes. [61 FR 51169, Sept. 30, 1996; 62 FR 13539, Mar. 21, 19971 Subpart B—Assistance Provided §552.100 Program component descrip- tions. (a) Tenant -based rental assistance (TRA). Tenant -based rental assistance provides grants -for rental assistance which permit participants to choose housing of an appropriate size in which to reside. Participants retain the rent- al assistance if they move. where nec- essary to facilitate the coordination of supportive services, grant recipients may require participants to live in a 24 CFR Ch. V (5-1-01 Edition) specific area for their entire period of participation or in a specific structure for the first year and in a specific area for the remainder of their period of participation. Recipients may not de- fine the area in a way that violates the Fair Housing Act or the Rehabilitation Act of 1973. The term of the grant be- tween HUD and the grant recipient for TRA is five years. (b) Project -based rental assistance (PRA). Project -based rental assistance provides grants for rental assistance to the owner of an existing structure, where the owner agrees to lease the subsidized units to participants. Par- ticipants do not retain rental assist- ance if they move. Rental subsidies are provided to the owner for a period of ei- ther five or ten years. To qualify for ten years of rental subsidies, the owner must complete at least $3,000 of eligible rehabilitation for each unit (including the unit's prorated share of work to be accomplished on common areas or sys- tems), to make the structure decent, safe and sanitary. This rehabilitation must be completed with in 12 months of the grant award. (c) Sponsor -based rental assistance (SRA). Sponsor -based rental assistance provides grants for rental assistance through contracts between the grant recipient and sponsor organizations. A sponsor may be a private, nonprofit or- ganization or a community mental health agency established as a public nonprofit organization. Participants reside in housing owned or leased by the sponsor. The term of the grant be- tween HUD and the grant recipient for SRA is five years. (d) Moderate rehabilitation for single room occupancy dwellings (SRO). (1) The SRO component provides grants for rental assistance in connection with the moderate rehabilitation of single room occupancy housing units. Re- sources to initially fund the cost of re- habilitating the dwellings must be ob- tained from other sources. However, the rental assistance covers operating expenses of the rehabilitated SRO units occupied by homeless persons, includ- ing debt service to retire the cost of the moderate rehabilitation over a ten- year period. (2) SRO housing must be in need of moderate rehabilitation and must meet 236 Exhibit C Project Budget Triangle Area Network Rent/Lease payment $146,364.00 Administrative Costs $8,444.00 Total Budget $154,808.00 OMB Circulars and Guidance (bb) Real property means land, includ- ing land improvements, structures and appurtenances thereto, but excludes movable machinery and equipment. (cc) Recipient means an organization receiving financial assistance directly from Federal awarding agencies to carry out a project or program. The term includes public and private insti- tutions of higher education, public and private hospitals, and other quasi -pub- lic and private non-profit organizations such as, but not limited to, community action agencies, research institutes, educational associations, and health centers. The term may include com- mercial organizations, foreign or inter- national organizations (such as agen- cies of the United Nations) which are recipients, subrecipients, or contrac- tors or subcontractors of recipients or subrecipients at the discretion of the Federal awarding agency. The term does not include government-owned contractor -operated facilities or re- search centers providing continued support for mission -oriented, large- scale programs that are government- owned or controlled, or are designated as federally -funded research and devel- opment centers. (dd) Research and development means all research activities, both basic and applied, and all development activities that are supported at 'universities, col- leges, and other non-profit institu- tions. "Research" is defined as a sys- tematic study directed toward fuller scientific knowledge or understanding of the subject. studied. "Development" is the systematic use of knowledge and understanding gained from research di- rected toward the production of useful materials, devices, systems, or meth- ods, including design and development of prototypes and processes. The term research also includes activities in- volving the training of individuals in research techniques where such activi- ties utilize -the same facilities as other research and development activities and where such activities are not in- cluded in the instruction function. (ee) Small awards means a grant or cooperative agreement not exceeding the small purchase threshold fixed at 41 U.S.C. 403(11) (currently $25,000). (ff) Subaward means an award of fi- nancial assistance in the form of 81 § 215.2 money, or property in lieu of money, made under an award by a recipient to an eligible subrecipient or by a sub - recipient to a lower tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a con- tract, but does not include procure- ment of goods and services nor does it include any form of assistance which is excluded from the definition of "award" in §215.2(e). (gg) Subrecipient means the legal enti- ty to which a subaward is made and which is accountable to the recipient for the use of the funds provided. The term may include foreign or inter- national organizations (such as agen- cies of the United Nations) at the dis- cretion of the Federal awarding agen- cy. (hh) Supplies means all personal prop- erty excluding equipment, intangible property, and debt instruments as de- fined in this section, and inventions of a contractor conceived or first actually reduced to practice in the performance of work under a funding agreement ("subject inventions"), as defined in 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Govern- ment Grants, Contracts, and Coopera- tive Agreements." (ii) Suspension means an action by a Federal awarding agency that tempo- rarily withdraws Federal sponsorship under an award, pending corrective ac- tion by the recipient or pending a deci- sion to terminate. the award by the Federal awarding agency. Suspension of an award is a separate action from suspension under Federal agency regu- lations implementing E.O. 12549 (51 FR 6370, 3 CFR, 1986 Camp., p. 189) and E.O. 12689 (54 FR 34131, 3 CFR, 1989 Comp., p. 235), "Debarment and Suspension:" (jj) Termination means the cancella- tion of Federal sponsorship, in whole or in, part, under an agreement at any time prior to the date of completion. (kk) Third party in-kind contributions means the value of non-cash contribu- tions provided by non -Federal third parties. Third party in-kind contribu- tions may be in the form of real prop- erty, equipment, supplies and other ex- pendable property, and the value of goods and services directly benefiting OMB Circulars and Guidance statute. The statutory criterion for choosing between grants and coopera- tive agreements is that for the latter, "substantial involvement is expected between the executive agency and the State, local government, or other re- cipient when carrying out the activity contemplated in the agreement." Con- tracts shall be used when the principal purpose is acquisition of property or services for the direct benefit or use of 'the Federal Government. (b) Public Notice and Priority Set- ting. Federal awarding agencies shall notify the public of its intended fund- ing priorities for discretionary grant programs, unless funding priorities are established by Federal statute. § 215.12 Forms for applying for Fed- eral assistance. (a) Federal awarding agencies shall comply with the applicable report clearance requirements of 5 CFR part 1320, "Controlling Paperwork Burdens on the Public," with regard to all forms used by the Federal awarding agency in place of or as a supplement to the Standard Form 424 (SF -424) se- ries. (b) Applicants shall use the SF -424 series or those forms and instructions prescribed by the Federal awarding agency. (c) For Federal programs covered by E.O. 12372, "Intergovernmental Review of Federal Programs," (47 FR 30959, 3, CFR, 1982 Comp., p. 197) the applicant shall complete the appropriate sections of the SF -424 (Application for Federal Assistance) indicating whether the ap- plication was subject to review by the State Single Point of Contact (SPDC). The name and address of the SPOC for a particular State can be obtained from the Federal awarding agency or the Catalog of Federal Domestic Assistance. The SPDC shall advise the applicant whether the program for which applica- tion is made has been selected by that State for review. (d) Federal awarding agencies that do not use the SF --424 form should indi- cate whether the application is subject to review by the State under E.O. 12372. § 215.13 Debarment and suspension. . Federal awarding agencies and re- cipients shall comply with Federal 83 § 215.15 agency regulations implementing E.O.s 12549 and 12689, "Debarment and Sus- pension." Under those regulations, cer- tain parties who are debarred, sus- pended or otherwise excluded may not be participants or principals in Federal assistance awards and subawards, and in certain contracts under those awards and subawards. [70 FR 51879, Aug. 31, 2005] § 215.14 Special award conditions. If an applicant or recipient: has a his- tory of poor performance, is not finan- cially stable, has a management sys- tem that does not meet the standards prescribed in this part, has not con- formed to the terms and conditions of a previous award, or is not otherwise responsible, Federal awarding agencies may impose additional requirements as needed, provided that such applicant or recipient is notified in writing as to: the nature of the additional require- ments, the reason why the additional requirements are being imposed, the nature of the corrective action needed, the time allowed for completing the corrective actions, and the method for requesting reconsideration of the addi- tional requirements imposed. Any spe- cial conditions shall be promptly re- moved once the conditions that prompted them have been corrected. § 215.15 Metric system of measure- ment. The Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act (15 U.S.C. 205) de- clares that the metric system is the preferred measurement system for U.S. trade and commerce. The Act requires each Federal agency to establish a date or dates in consultation with the Sec- retary of Commerce, when the metric system of measurement will be used in the agency's procurements, grants, and other business-related activities. Met- ric implementation may take longer where the use of the system is initially impractical or likely to cause, signifi- cant inefficiencies in the accomplish- ment of federally -funded activities. Federal awarding agencies shall follow the provisions of E.O. 12770, "Metric Usage in Federal Government Pro- grams" (56 FR 35801, 3 CFR, 1991 Comp., p. 343). OMB Circulars and Guidance Federal cost principles and the terms and conditions of the award. (7) Accounting records including cost accounting records that are supported by source documentation. (c) Where the Federal Government guarantees or insures the repayment of money borrowed by the recipient, the Federal awarding agency, at its discre- tion, may require adequate bonding and insurance if the bonding and insur- ance requirements of the recipient are not deemed adequate to protect the in- terest of the Federal Government. (d) The Federal awarding agency may require adequate fidelity bond coverage where the recipient lacks sufficient coverage to protect the Federal Gov- ernment's interest. (e) Where bonds are required in the situations described above, the bonds shall be obtained from companies hold- ing certificates of authority as accept- able sureties, as prescribed in 31 CFR part 223, "Surety Companies Doing Business with the United States." § 215.22 Payment. (a) Payment methods shall minimize the time elapsing between the transfer of funds from the United States Treas- ury and the issuance or redemption of checks, warrants, or payment by other means by the recipients. Payment methods of State agencies or instru- mentalities shall be consistent with Treasury -State CMIA agreements or default procedures codified at 31 CFR part 205. (b) Recipients are to be paid in ad- vance, provided they maintain or dem- onstrate the willingness to maintain: (1) Written procedures that minimize the time elapsing between the transfer of funds and disbursement by the re- cipient, and (2) Financial management systems that meet the standards for fund con- trol and accountability as established in §215.21. Cash advances to a recipient organization shall be limited to the minimum amounts needed and be timed to be in accordance with the ac- tual, immediate cash requirements of the recipient organization in carrying out the purpose of the approved pro- gram' or project. The timing and amount of cash advances shall be as close as is administratively feasible to 85 § 215.22 the actual disbursements by the recipi- ent organization for direct program or project costs and the proportionate share of any allowable indirect costs. (c) Whenever possible, advances shall be consolidated to cover anticipated cash needs for all awards made by the Federal awarding agency to the recipi- ent. (1) Advance payment mechanisms in- clude, but are not limited to, Treasury check and electronic funds transfer. (2) Advance payment mechanisms are subject to 31 CFR part 205. (3) Recipients shall be authorized to submit requests for advances and reim- bursements at least monthly when electronic fund transfers are not used. (d) Requests for Treasury check ad- vance payment shall be submitted on SF -270, "Request for Advance or Reim- bursement," or other forms as may be authorized by OMB. This form is not to be used when Treasury check advance payments are made to the recipient automatically through the use of a pre- determined payment schedule or if pre- cluded by special Federal awarding agency instructions for electronic funds transfer. (e) Reimbursement is the preferred method when the requirements in §215.12(b) cannot be met. Federal awarding agencies may also use this method on any construction agree- ment, or if the major portion of the construction project is accomplished through private market financing or Federal loans, and the Federal assist- ance constitutes a minor portion of the project. (1) When the reimbursement method is used, the Federal awarding agency shall make payment within 30 days after receipt of the billing, unless the billing is improper. (2) Recipients shall be authorized to submit request for reimbursement at least monthly when electronic funds transfers are not used. (f) If a recipient cannot meet the cri- teria for advance payments and the Federal awarding agency has deter- mined that reimbursement is not fea- sible because the recipient lacks suffi- cient working capital, the Federal awarding agency may provide cash on a working capital advance basis. Under this procedure, the Federal awarding OMB Circulars and Guidance are not used. Federal awarding agen- cies, however, have the option of using this form for construction programs in lieu of.the SF -271, "Outlay Report and Request for Reimbursement for Con- struction Programs." (2) SF -271, Outlay Report and Re- quest for Reimbursement for Construc- tion Programs. Each Federal awarding agency shall adopt the SF -271 as the standard form to be used for requesting reimbursement for construction pro- grams. However, a Federal awarding agency may substitute the SF -270 when the Federal awarding agency de- termines that it provides adequate in- formation to meet Federal needs. § 215.23 Cost sharing or matching. (a) All contributions, including cash and third party in-kind, shall be ac- cepted as part of the recipient's cost sharing or matching when such con- tributions meet all of the following cri- teria. (1) Are verifiable from the recipient's records. (2) Are not included as contributions for any other federally -assisted project or program. (3) Are necessary and reasonable for proper and efficient accomplishment of project or program objectives. (4) Are allowable under the applica- ble cost principles. (5) Are not paid by the Federal Gov- ernment under another award, except where authorized by Federal statute to be used for cost sharing or matching. (6) Are provided for in the approved budget when required by the Federal awarding agency. (7) Conform to other provisions of this part, as applicable. (b) Unrecovered indirect costs may be included as part of cost sharing or matching only with the prior approval of the Federal awarding agency. (c) Values for recipient contributions of services and property shall be estab- lished in accordance with the applica- ble cost principles. If a Federal award- ing agency authorizes recipients to do- nate buildings or land for construction/ facilities acquisition projects or long- term use, the value of the donated property for cost sharing or matching shall be the lesser of paragraphs (c)(1) or (2) of this section. 87 § 215.23, (1) The certified value of the remain- ing life of the property recorded in the recipient's accounting records at the time of donation. (2) The current fair market value. However, when there is sufficient jus- tification, the Federal awarding agen- cy may approve the use of the current fair market value of the donated prop- erty, even if it exceeds the certified value at the time of donation to the project. (d) Volunteer services furnished by professional and technical personnel, consultants, and other skilled and un- skilled labor may be counted as cost sharing or matching if the service is an integral and necessary part of an ap- proved project or program. Rates for volunteer services shall be consistent with those paid for similar work in the recipient's organization. In those in- stances in which the required skills are not found in the recipient organization, rates shall be consistent with those paid for similar work in the labor mar- ket in which the recipient competes for the kind of services involved. In either case, paid fringe benefits that are rea- sonable, allowable, and allocable may be included in the valuation. (e) When an employer other than the recipient furnishes the services of an employee, these services shall be val- ued at the employee's regular rate of pay (plus an amount of fringe benefits that are reasonable, allowable, and al- locable, but exclusive of overhead costs), provided these services are in the same skill fdr which the employee is normally paid. (f) Donated supplies may include such items as expendable equipment, office supplies, laboratory supplies or workshop and classroom supplies. Value assessed to donated supplies in- . eluded in the cost sharing or matching share shall be reasonable and shall not exceed the fair market value of the property at the time of the donation. (g) The method used for determining cost sharing or matching for donated equipment, buildings and land for which title passes to the recipient may differ according to the purpose of the award, if paragraphs (g)(1) or (2) of this section apply. (1) If the purpose of the award is to assist the recipient in the acquisition OMB Circulars and Guidance (g) Proceeds from the sale of property shall be handled in accordance with the requirements of the Property Stand- ards (see §215.30 through §215.37). (h) Unless Federal awarding agency regulations or the terms and condition of the award provide otherwise, recipi- ents shall have no obligation to the Federal Government with respect to program income earned from license fees and royalties for copyrighted ma- terial, patents, patent applications, trademarks, and inventions produced under an award. However, Patent and Trademark Amendments (35 U.S.C. 18) apply to inventions made under an ex- perimental, developmental, or research award. §215.25 Revision of budget and pro- gram plans. (a) The budget plan is the financial expression of the project or program as approved during the award process. It may include either the Federal and non -Federal share, or only the Federal share, depending upon Federal award- ing agency requirements. It shall be re- lated to performance for program eval- uation purposes whenever appropriate. (b) Recipients are required to report deviations from budget and program plans, and request prior approvals for budget and program plan revisions, in accordance with this section. (c) For nonconstruction awards, re- cipients shall request prior approvals from Federal awarding agencies for one or more of the following program or budget related reasons. (1) Change in the scope or the objec- tive of the project or program (even if there is no associated budget revision requiring prior written approval). (2) Change in a key person specified in the application or award document. (3) The absence for more than three months, or a 25 percent reduction in time devoted to the project, by the ap- proved project director or principal in- vestigator. (4) The need for additional Federal funding. (5) The transfer of amounts budgeted for indirect costs to absorb increases in direct costs, or vice versa, if approval is. required by the Federal awarding agency. 89 § 215.25 (6) The inclusion, unless waived by the Federal awarding agency, of costs that require prior approval in accord- ance with any of the following, as ap- plicable: (i) 2 CFR part 220, "Cost Principles for Educational Institutions (OMB Cir- cular A-21);" (ii) 2 CFR part 230, "Cost Principles for Non -Profit Organizations (OMB Cir- cular A-122);" (iii) 45 CFR part 74, Appendix E, "Principles for Determining Costs.Ap- plicable to Research and Development under Grants and Contracts with Hos- pitals;" and (iv) 48 CFR part 31, "Contract Cost Principles and Procedures." (7) The transfer of funds allotted for training allowances (direct payment to trainees) to other categories of ex- pense. (8) Unless described in the applica- tion and funded in the approved awards, the subaward, transfer or con- tracting out of any work under an award. This provision does not apply to the purchase of supplids, material, equipment or general support services. (d) No other prior approval require- ments for specific items may be im- posed unless a deviation has been ap- proved by OMB. (e) Except for requirements listed in paragraphs (c)(1) and (c)(4) of this sec- tion, Federal awarding agencies are au- thorized, at their option, to waive cost - related and administrative prior writ- ten approvals required by 2 CFR parts 220 and 230 (OMB Circulars A-21 and A- 122). Such waivers may include author- izing recipients to do any one or more of the following. (1) Incur pre -award costs 90 calendar days prior to award or more than 90 calendar days with the prior approval of the Federal awarding agency. All pre -award costs are incurred at the re- cipient's risk (i.e., the Federal award- ing agency is under no obligation to re- imburse such costs if for any reason the recipient does not receive an award or if the award is less than anticipated and inadequate to cover such costs). (2) Initiate a one-time extension of the expiration date of the award of up to 12 months unless one or more of the following conditions apply. For one - OMB Circulars and Guidance Circular A-133, "Audits of States, Local Governments, and Non -Profit Or- ganizations." (b) State and local governments shall be subject to the audit requirements contained in the .Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." (c) For-profit hospitals not covered by the audit provisions of revised OMB Circular A-133 shall be subject to the audit requirements of the Federal awarding agencies. (d) Commercial organizations shall be subject to the audit requirements of the Federal awarding agency or the prime recipient as incorporated into the award document. §215.27 Allowable costs. For each kind of recipient, there is a set of Federal principles for deter- mining allowable costs. Allowability of costs shall be determined in accord- ance with the cost principles applicable to the entity incurring the costs. Thus, allowability of costs incurred by State, local or federally -recognized Indian tribal governments is determined in accordance with the provisions of 2 CFR part 225, "Cost Principles for State, Local, and Indian Tribal Govern- ments (OMB Circular A-87." The allow- ability of costs incurred by non-profit organizations is determined in accord- ance with the provisions of 2 CPR part 230, "Cost Principles for Non -Profit Or- ganizations (OMB Circular A-122)." The allowability of costs incurred by insti- tutions of higher education is deter- mined in accordance with the provi- sions of 2 CFR part 220, "Cost Prin- ciples for Educational Institutions (OMB Circular A-21)." The allowability of costs incurred by hospitals is deter- mined in accordance with the provi- sions of appendix E of 45 CFR part 74, "Principles for Determining Costs Ap- plicable to Research and Development Under Grants and Contracts with Hos- pitals." The allowability of costs in- curred by commercial organizations and those non-profit organizations list- ed in Attachment C to Circular A-122 is determined in accordance with the pro- 91 § 215.29 visions of the Federal Acquisition Reg- ulation (FAR) at 48 CFR part 31. [70 FR 51880, Aug. 31, 2005] §215.28 Period of availability of funds. Where a funding period is specified, a recipient may charge to the grant only allowable costs resulting from obliga- tions incurred during the funding pe- riod and any pre -award costs author- ized by the Federal awarding agency. § 215.29 Conditional exemptions. (a) OMB authorizes conditional ex- emption from OMB administrative re- quirements and cost principles circu- lars for certain Federal programs with statutorily -authorized consolidated planning and consolidated administra- tive funding, that are identified by a Federal agency and approved by the head of the Executive department or establishment. A Federal agency shall consult with OMB during its consider- ation of whether to grant such an ex- emption. (b) To promote efficiency in State and local program administration, when Federal non -entitlement pro- grams with common purposes have spe- cific statutorily -authorized consoli- dated planning and consolidated ad- ministrative funding and where most of the State agency's resources come from non -Federal sources, Federal agencies may exempt these covered State -administered, non -entitlement grant programs from certain OMB grants management requirements. The exemptions would be from: (1) The requirements in 2 CFR part 225, "Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87)" other than the ailocability of costs provisions that are contained in subsection C.3 of appendix A to that part; (2) The requirements in 2 CFR part 220, "Cost Principles for Educational Institutions (OMB Circular A-21)" other than the allocability of costs pro- visions that are contained in paragraph CA in section C of the appendix to that part; (3) The requirements in 2 CFR part 230, "Cost Principles for Non -Profit Or- ganizations (OMB Circular A-122)" OMB Circulars and Guidance (2) The recipient may be directed to sell the property under guidelines pro- vided by the Federal awarding agency and pay the Federal Government for that percentage of the current fair market value of the property attrib- utable to the Federal participation in the project (after deducting actual and reasonable selling and fix -up expenses, if any, from the sales proceeds). When the recipient is authorized or required to sell the property, proper sales proce- dures shall be established that provide for competition to the extent prac- ticable and result in the highest pos- sible return. (3) The recipient may be directed to transfer title to the property to the Federal Government or to an eligible third party provided that, in such cases, the recipient shall be entitled to compensation for its attributable per- centage of the current fair market value of the property. §215.33 Federally -owned and exempt property. (a) Federally -owned property. (1) Title to federally -owned property remains vested in the Federal Government. Re- cipients shall submit annually an in- ventory listing of federally -owned property in their custody to the Fed- eral awarding agency. Upon completion of the award or when the property is no longer needed, the recipient shall re- port the property to the Federal award- ing agency for further Federal agency utilization. . (2) If the Federal awarding agency has no further need for the property, it shall be declared excess and reported to the General Services Administration, unless the Federal awarding agency has statutory authority to dispose of the property by alternative methods (e.g., --the authority provided by the Federal Technology Transfer Act (15 U.S.C. 3710 (I)) to donate research equipment to educational and non-prof- it organizations in accordance with E.O. 12821, "Improving Mathematics and Science Education in Support of the National Education Goals" (57 FR 54285, 3 CFR, 1992 Comp., p. 323)). Ap- propriate instructions shall be issued to the recipient by the Federal award- ing agency. 93 § 215.34 (b) Exempt property. When statutory authority exists, the Federal awarding agency has the option to vest title to property acquired with Federal funds in the recipient without further obliga- tion to the Federal Government and under conditions the Federal awarding agency considers appropriate. Such property is "exempt property." Should a Federal awarding agency not•estab- lish conditions, title to exempt prop- erty upon acquisition shall vest in the recipient without further obligation to the Federal Government. § 215.34 Equipment. (a) Title to equipment acquired by a recipient with Federal funds shall vest in the recipient, subject to conditions of this section. (b) The recipient shall not use equip- ment acquired with Federal funds to provide services to non -Federal outside organizations for a fee that is less than private companies charge for equiva- lent services, unless specifically au- thorized by Federal statute, for as long as the Federal Government retains an interest in the equipment. (c) The recipient shall use the equip- ment in the project or program for which it was acquired as long as need- ed, whether or not the project or pro- gram continues to be supported by Fed- eral funds and shall not encumber the property without approval of the Fed- eral awarding agency. When no longer needed for the original project or pro- gram, the recipient shall use the equip- ment in connection with its other fed- erally -sponsored activities, in the fol- lowing order of priority: (1) Activities sponsored by the Fed- eral awarding agency which funded the original project, then (2) Activities sponsored by other Fed- eral awarding agencies. (d) During the time that equipment is used on the project or program for which it was acquired, the recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the equip- ment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by the Federal awarding agency that financed the equipment; OMB Circulars and Guidance days after the recipient's request and the following procedures shall govern. (1) If so instructed or if disposition instructions are not issued within 120 calendar days after the recipient's re- quest, the recipient shall sell the equipment and reimburse the Federal awarding agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or pro- gram. However, the recipient shall be permitted to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for the recipient's selling and handling ex- penses. (2) If the recipient is instructed to ship the equipment elsewhere, the re- cipient shall be reimbursed by the Fed- eral Government by an amount which is computed by applying the percent- age of the recipient's participation in the cost of the original project or pro- gram to the current fair market value of the equipment, plus any reasonable shipping or interim storage costs in- curred. (3) If the recipient is instructed to otherwise dispose of the equipment, the recipient shall be reimbursed by the Federal awarding agency for such costs incurred in its disposition. (4) The Federal awarding agency may reserve the right to transfer the title to the Federal Government or to a third party named by the Federal Gov- ernment when such third party is oth- erwise eligible under existing statutes. Such transfer shall tie subject to the following standards. (i) The equipment shall be appro- priately identified in the award or oth- erwise made known to the recipient in writing. (ii) The Federal awarding agency shall issue disposition instructions within 120 calendar days after receipt of a final inventory. The final inven- tory shall list all equipment acquired with grant funds and federally -owned equipment. If the Federal awarding agency fails to issue disposition in- structions within the 120 calendar day period, the recipient shall apply the standards of this section, as appro- priate. (iii) When the Federal awarding agency exercises its right to take title, 95 § 215.36 the equipment shall be subject to the provisions for federally -owned equip- ment. §215.35 Supplies and other expend- able property. (a) Title to supplies and other ex- pendable property shall vest in the re- cipient upon acquisition. If there is a residual inventory of unused supplies exceeding $5000 in total aggregate value upon termination or completion of the project or program and the sup- plies are not needed for any other fed- erally -sponsored project or program, the recipient shall retain the supplies for use on non -Federal sponsored ac- tivities or sell them, but shall, in ei- ther case, compensate the Federal Gov- ernment for its share. The amount of compensation shall be computed in the same manner as for equipment. (b) The recipient shall not use sup- plies acquired with Federal funds to provide services to non -Federal outside organizations for a fee that is less than private companies charge for equiva- lent services, unless specifically au- thorized by Federal statute as long as the Federal Government retains an in- terest in the supplies. §215.36 Intangible property. (a) The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty -free, nonexclusive and irrev- ocable, right to reproduce, publish, or otherwise use the work for Federal pur- poses, and to authorize others to do so. (b) Recipients are subject to applica- ble regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Non- profit Organizations and Small Busi- ness Firms Under Government Grants, Contracts and Cooperative Agree- ments." (c) The Federal Government has the right to: (1) Obtain, reproduce, publish or oth- erwise use the data first produced under an award. OMB Circulars and Guidance of applicable Federal statutes and ex- ecutive orders. No additional procure- ment standards or requirements shall be imposed by the Federal awarding agencies upon recipients, unless spe- cifically required by Federal statute or executive order or approved by OMB. § 215.41 Recipient responsibilities. The standards contained in this sec- tion do not relieve the recipient of the contractual responsibilities arising under its contract(s). The recipient is the responsible authority, without re- course to the Federal awarding agency, regarding the settlement and satisfac- tion of all contractual and administra- tive issues arising out of procurements entered into in support of an award or other agreement. This includes dis- putes, claims, protests of award, source evaluation or other matters of a con- tractual nature. Matters concerning violation of statute are to be referred to such Federal, State or local author- ity as may have proper jurisdiction. §215.42 Codes of conduct. The recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an orga- nization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the recipient shall neither solicit nor ac- cept gratuities, favors., or anything of monetary value from contractors, or parties to subagreements. However, re- cipients may set standards for situa- tions in which the financial interest is not substantial or the gift is an unso- licited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by offi- cers, employees, or agents of the re- cipient. 97 § 215.44 § 215.43 Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational con- flicts of interest as well as noncompeti- tive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor perform- ance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors consid- ered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the re- cipient. Any and all bids or offers may be rejected when it is in the recipient's interest to do so. §215.44 Procurement procedures. (a) All recipients shall establish writ- ten procurement procedures. These procedures shall provide for, at a min- imum, that paragraphs (a)(1), (2) and (3) of this section apply. (1) Recipients avoid purchasing un- necessary items. (2) Where appropriate, an analysis is made of lease and purchase alter- natives to determine which would be the most economical and practical pro- curement for the Federal Government. (3) Solicitations for goods and serv- ices provide for all of the following. (i) A clear and accurate description of the technical requirements for the material, product or service to be pro- cured. In competitive procurements, such a description shall not contain features which unduly restrict com- petition. (ii) Requirements which the bidder/ offeror must fulfill and all other fac- tors to be used in evaluating bids or proposals. (iii) A description, whenever prac- ticable, of technical requirements in terms of functions to be performed or OMB Circulars and Guidance every procurement action. Price anal- ysis may be accomplished in various ways, including. the comparison of price quotations submitted, market prices and similar indicia, together with discounts. Cost analysis is the re- view and evaluation of each element of cost to determine reasonableness, allocability and allowability. §215.46 Procurement records. Procurement records and files for purchases in excess of the small pur- chase threshold shall include _the fol- lowing at a minimum: (a) Basis for contractor selection; (b) Justification for lack of competi- tion when competitive bids or offers are not obtained; and (c) Basis for award cost or price. §215.47 Contract administration. A system for contract administration shall be maintained to ensure con- tractor conformance with the terms, conditions and specifications of the contract and to ensure adequate and timely follow up of all purchases. Re- cipients shall evaluate contractor per- formance and document, as appro- priate, whether contractors have met the terms, conditions and specifica- tions of the contract. § 215.48 Contract provisions. The recipient shall include, in addi- tion.to provisions to define a sound and complete agreement, the following pro- visions in all contracts. The following provisions shall also be applied to sub- contracts. (a) Contracts in excess of the small purchase threshold shall contain con- tractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms, and provide for such remedial actions as may be appro- priate. (b) All contracts in excess of the small purchase threshold shall contain suitable provisions for termination by the recipient, including the manner by which termination shall be effected and the basis for settlement. In addi- tion, such contracts shall describe con- ditions under which the contract may be terminated for default as well as § 215.48 conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (c) Except as otherwise required by statute, an award that requires the contracting (or subcontracting) for construction or facility improvements shall provide for the recipient to follow its own requirements relating to bid guarantees, performance bonds, and •payment bonds unless the construction contract or subcontract exceeds $100,000. For those contracts or sub- contracts exceeding $100,000, the Fed- eral awarding agency may accept the bonding policy and requirements of the recipient, provided the Federal award- ing agency has made a determination that the Federal Government's interest is adequately protected. If such,.a de- termination has not been made, the minimum requirements shall be as fol- lows. (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall con- sist of a firm commitment such as a bid bond, certified check, or other ne- gotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may, be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the con- tract price. A "payment bond" is one executed in connection with a contract to assure payment as required by stat- ute of all persons supplying labor and material in the execution of the work provided for in the contract. (4) Where bonds are required in the situations described herein, the bonds shall be obtained from companies hold- ing certificates of authority as accept- able sureties pursuant to 31 CFR part 223, "Surety Companies Doing Business with the United States." (d) All negotiated contracts (except those for less than the small purchase threshold) awarded by recipients shall include a provision to the effect that OMB Circulars and Guidance to meet its needs, except that a final SF -269 or SF -269A shall be required at the completion of the project when the SF -270 is used only for advances. (ii) The Federal awarding agency shall prescribe whether the report shall be on a cash or accrual basis. If the Federal awarding agency requires ac- crual information and the recipient's accounting records are not normally kept on the accrual basis, the recipient shall not be required to convert its ac- counting system, but shall develop such accrual information through best estimates based on an analysis of the documentation on hand. (iii) The Federal awarding agency shall determine the frequency of the Financial Status Report for each project or program, considering the size and complexity of the particular project or program. However, the re- port shall not be required more- fre- quently than quarterly or less fre- quently than annually. A final report shall be required at the completion of the agreement. (iv) The Federal awarding agency shall require recipients to submit the SF -269 or SF -269A (an original and no more than two copies) no later than 30 days after the end of each specified re- porting period for quarterly and semi- annual reports, and 90 calendar days for annual and final reports. Exten- sions of reporting due dates may be ap- proved by the Federal awarding agency upon request of the recipient. (2) SF -272, Report of Federal Cash Transactions. (i) When funds are advanced to re- cipients the Federal awarding agency shall require each recipient to submit the SF -272 and, when necessary, its continuation sheet, SF -272a. The Fed- eral awarding agency shall use this re- port to monitor cash advanced to re- cipients and to obtain disbursement in- formation for each agreement with the recipients. (ii) Federal awarding agencies may require forecasts of Federal cash re- quirements in the "Remarks" section of the report. (iii) When practical and deemed nec- essary, Federal awarding agencies may require recipients to report in the "Remarks" section the amount of cash advances received in excess of three § 215.52 days. Recipients shall provide short narrative explanations of actions taken to reduce the excess balances. (iv) Recipients shall be required to submit not more than the original and two copies of the SF -272 15 calendar days following the end of each quarter. The Federal awarding agencies may re- quire a monthly report from those re- cipients receiving advances totaling $1 million or more per year. (v) Federal awarding agencies may waive the requirement for submission of the SF -272 for any one of the fol- lowing reasons: (A) When monthly advances do not exceed $25,000 per recipient, provided that such advances are monitored through other forms contained in this section; (B) If, in the Federal awarding agen- cy's opinion, the recipient's accounting controls are adequate to minimize ex- cessive Federal advances; or, (C) When the electronic payment mechanisms provide adequate data. (b) When the Federal awarding agen- cy needs additional information or more frequent reports, the following shall be observed. (1) When additional information is needed to comply with legislative re- quirements, Federal awarding agencies shall issue instructions to require re- cipients to submit such information• under the "Remarks" section of the re- ports. (2) When a Federal awarding agency determines that a recipient's account- ing system does not"meet the standards in § 215.21, additional pertinent infor- mation to further monitor awards may be obtained upon written notice to the recipient until such time as the system is brought up to standard. The Federal awarding agency, in obtaining this in- formation, shall comply with report clearance requirements of 5 CFR part 1320. (3) Federal awarding agencies are en- couraged to shade out any line item on any report if not necessary. (4) Federal awarding agencies may accept the identical information from the recipients in machine readable for- mat or computer printouts or elec- tronic outputs in lieu of prescribed for- mats. 101 OMB Circulars and Guidance other computation for negotiation pur- poses, then the 3 -year retention period for the proposal, plan, or other com- putation and its supporting records starts at the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computa- tion. TERMINATION AND ENFORCEMENT §215.60 Purpose of termination and enforcement. Sections 215.61 and 215.62 set forth uniform suspension, termination and enforcement procedures. § 215.61 Termination. (a) Awards may be terminated in whole or in part only if paragraphs (a)(1), (2) or (3) of this section apply. (1) By the Federal awarding agency, if a recipient materially fails to com- ply with the terms and conditions of an award. (2) By the Federal awarding agency with the consent of the recipient, in which case the two parties shall agree upon the termination conditions, in- cluding the effective date and, in the case of partial termination, the portion to be terminated. (3) By the recipient upon sending to the Federal awarding agency written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termi- nation, the portion to be terminated. However, if the Federal awarding agen- cy determines in the case of partial termination that the reduced or modi- fied portion of the grant will not ac- complish the purposes for which the grant was made, it may terminate the grant in its entirety under either para- graphs (a)(1) or (2) of this section. (b) If ;costs are allowed under an award, the responsibilities of the re- cipient referred to in §215.71(a), includ- ing those for property management as applicable; shall be considered in the termination of the award, and provi- sion shall be made for continuing re- sponsibilities of the recipient after ter- mination, as appropriate. § 215.62 Enforcement. (a) Remedies for noncompliance. If a re- cipient materially fails to comply with § 215.62 the terms and conditions of an award, whether stated in a Federal statute, regulation, assurance, application, or notice of award, the Federal awarding agency may, in addition to imposing any of the special conditions outlined in § 215.14, take one or more of the fol- lowing actions, as appropriate in the circumstances. (1) Temporarily withhold cash pay- ments pending correction' of the defi- ciency by the recipient or more severe enforcement action by the Federal awarding agency. (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or ter- minate the current award. (4) Withhold further awards for the project or program. (5) Take other remedies that may be legally available. (b) Hearings and appeals. In taking an enforcement action, the awarding agency shall provide the recipient an opportunity for hearing, appeal, or other administrative proceeding to which the recipient is entitled under any'statute or regulation applicable to the action involved. (c) Effects of suspension and termi- nation. Costs of a recipient resulting from obligations incurred by the re- cipient during a suspension or after termination of an award are not allow- able unless the awarding agency ex- pressly authorizes them in the notice of suspension or termination or subse- quently. Other recipient costs 'during suspension or after termination which are necessary and not reasonably avoidable are allowable if paragraphs (c)(1) and (2) of this section apply. (1) The costs result from obligations which were properly incurred by the re- cipient before the effective date of sus- pension or termination, are not in an- ticipation of it, and in the case of a ter- mination, are noncancellable. (2) The costs would be allowable if the award were not suspended or ex- pired normally at the end of the fund- ing period in which the termination takes effect. (d) Relationship to debarment and sus- pension. The enforcement remedies identified in this section, including 103 OMB Circulars and Guidance charge interest on an overdue debt in accordance with 4 CFR Chapter II, "Federal Claims Collection Stand- ards." APPENDIX A TO PART 215—CONTRACT PROVISIONS All contracts, awarded by a recipient in- cluding small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity—All con- tracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employ- ment Opportunity" (30 FR 12319, 12935, 3 CFR, 1964-1965 Comp., p. 339), as amended by E.O...U375, "Amending Executive Order 11246 Relating to Equal Employment Oppor- tunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Con- tract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)—All contracts and sub - grants in excess of $2000 for construction or repair awarded by recipients and subrecipi- ents shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Con- tractors and Subcontractors on Public Build- ing or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each con- tractor or'subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all sus- pected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal pro- gram legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applica- ble to Contracts Governing Federally Fi- nanced and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Sec- retary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall re - Pt. 215, App. A port all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)—Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in ex- cess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under sec- tion 102 of the Act, each contractor shall be required to compute the wages of every me- chanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is ap- plicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or mate- rials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Con- tract or Agreement—Contracts or agreements for the performance of experimental, devel- opmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Govern- ment Grants, Contracts and Cooperative Agreements," and any implementing regula- tions issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of, $100,000 shall contain a provision that re- quires the recipient to agree to comply with all applicable standards, orders or regula- tions issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Re- gional Office of the Environmental Protec- tion Agency (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors who apply or bid for an award of $100,000 or more shall file the re- quired certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or at- tempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a 105 EXHIBIT E CERTIFICATION REGARDING LOBBYING Anti -Lobbying - On behalf of Triangle Area Network of Beaumont, Texas, and to the best of my knowledge and belief; No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an office 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 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. 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 the Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying, in accordance with its instructions, and It will require that the language of paragraph 1 and 2 of this anti -lobbying 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. Triangle Area Network: ATTEST: BY: BY: BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 6 for the Washington Boulevard Project (Loma Lane east to IH -10). BACKGROUND The City of Beaumont has received funds, under the Congressional High Priority funding category, to reconstruct Washington Boulevard from Langham Road to FM 364 (Major Drive). On December 13, 2016, by Res. No. 16-253, Amendment No. 1 was authorized by City Council to change the project scope to Washington Boulevard from Loma Lane east to IH -10. Previous TxDOT Change Order Nos. 1-5, in the amount of $228,744.03, resulted in an increase to the original contract amount making the new contract amount $1,919, 626.03. Proposed Change Order No. 6, in the amount of $90,156.39, which also includes an Engineering and Contingency charge, is required to complete additional repairs of inlets and driveways requested by the City. The addition of eleven (11) calendar days to the contract is requested to accommodate the proposed work. If approved, the modification will result in an increase to the original contract making the new contract amount $2,009,782.42. FUNDING SOURCE TxDOT Federal Funding and Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION N0, 19-023 WHEREAS, on May 1, 2007, the City Council of the City of Beaumont passed Resolution No. 07-125 authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the total estimated contract amount of $6,710,000.00 for the Washington Boulevard Project; and, WHEREAS, on December 13, 2016, the City Council of the City of Beaumont passed Resolution No. 16-253 authorizing the City Manager to execute Local Transportation Project Advance Funding Agreement Amendment No. 1 to change the project scope to Washington Boulevard from Loma Lane east to IH -10 and to decrease the total estimated contract amount to $2,713,325.00; and, WHEREAS, on September 7, 2017, TxDOT awarded a contract to Oldcastle Materials Texas, Inc., dba Gulf Coast an Oldcastle Company in the amount of $1,690,882.00 for the Washington Boulevard Project; and, WHEREAS, on April 20, 2018, TxDOT submitted Change Order No. 1 to make changes to the project detour plans, thereby having no effect on the total contract amount of $1,690,882.00; and, WHEREAS, on April 24, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-086, authorizing the City Manager to execute Change Order No. 2, in the amount of $160,516.80, to modify the pavement cross-section design, thereby increasing the total contract amount to $1,851,398.80; and, WHEREAS, on June 18, 2018, the City Manager executed Change Order No. 3, in the amount of $2,946.58, which included an Engineering and Contingency charge, for 0 level up work, tabs and drainage cleanup due to unforeseeable site conditions, thereby increasing the total contract amount to $1,854,345.38; and, WHEREAS, on January 18, 2019, the City Manager executed Change Order No. 4 to modify changes to the asphalt material, said modifications having no effect on the total contract amount of $1,854,345.38; and WHEREAS, Change Order No. 5, in the amount of $65,280.65, including an Engineering and Contingency charge, is requested to complete additional repairs of concrete curbs requested by the City, thereby increasing the total contract amount to $1,919,626.03. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5 for additional work described above, thereby increasing the contract amount by $65,280.65, for a total estimated contract amount of $1,919,626.03 for the Washington Boulevard Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2019. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January, 'Becky„�Ames 0 0 TEXAS DEPARTMENT O.F. TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 6 Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. s 1. Outside funding provided by: City Of Beaumont (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: ® Existing Amended New [Check one] 3. Indicate the type and amount of funding: —0 Fixed Price (Lump Sum) (Estimated Amount 88,684.23 ) ® Actual Cost (a) Contract Items (Bid Items): (b) E&C*: (a) x 0 = enter (c) Indirect Cost**: (a + b) x 0 = enter TOTAL 88,684.23 1,472.16 0.00 90,156.39 CCSJ: 0920-38-187 Project: HP 2008(125) Highway: CS County: Jefferson District: 20 Contract Number: 08173234 Use as needed: hereby acknowledge notification of the modifications covered by this Change Order. Date By Typed/Printed Name Typed/Printed Title * The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in the "Estimated Cost" of the project. ** Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone'Manual Notice 98-2 for instructions. Funding for this Change Order has been arranged: TxDOT Representative Date Typed/Printed Name: TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1 Texas Department of Transportation MEMO February 25, 2019 To: Patrick Ryan, P.E. Director of Construction From: Kenneth J. Wiemers, P.E. Beaumont Area Engineer Subject Change Order #6 - Replace Driveways and Inlet Repairs Project: HP 2008(125) Control: 0920-38-187 Highway: CS - Washington Blvd. County: Jefferson This change order compensates the contractor for extra work added to the contract by the City of Beaumont. The City of Beaumont requested the repairs of some inlets and driveways on Washington Blvd. and UNIQUE CHANGE ORDER ITEM 4 compensates the contractor for the removal of existing driveways and the installation of new concrete driveways, while UNIQUE CHANGE ORDER ITEM 5 compensates the contractor for each inlet repaired and sod will be placed to protect exposed soil. The added work will help improve drainage and overall performance of the roadway. This change order also adds an additional month of barricades for the work to be completed and another barricade due to the delay caused by negotiating the change order and time to close out the project. This change order adds 11 days to the contract. This change order increases the contract cost by $88,684.23. OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Through collaboration and leadership, we deliver a safe, reliable, and Integrated transportation system that enables the movement of people and goods. M Equal Opportunity Employer J [Lager CONTRACT ID: 092038187 PROJECT: HP 2008(125) CONTRACT: 08173234 AWARD AMOUNT: $1,690,881.52 PROJECTED AMOUNT: $1,690,881.52 ADJ PROJECTED AMT: $1,913,425.88 PEND ADJ PROJ AMT: $1,913,425.88 CONTRACTOR: TEXAS MATERIALS GROUP, INC. CO AMOUNT: $88,684.23 CO TYPE: FEDERAL PARTICIPATING 3RD PARTY AMOUNT: $0.00 APPRV LEVEL: OVERRIDE CHANGE ORDER NBR. HIGHWAY: DISTRICT: COUNTY: AREA ENGINEER: AREA NUMBER: DESCRIPTION: REASON: SECONDARY REASON(S): TIME EXT.#: 3 6 CS 20 JEFFERSON Kenneth Wiemers, P.E. 051 REPORT DATE: 2/28/2019 4:52:42PM 0 Extra Work ❑ Zero Dollar 0 OverrunlUnderrun Time Adjustment ❑ Stock Account ❑ Force Account ❑ Final Quantity ❑ Change Project Limits ❑ Delete/Add CSJ Replace Driveways and Inlet Repair 48 - 4B -3RD PARTY REQUEST FOR ADDITIONAL WORK and Days adjusted on the C. O. 11 DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order compensates the contractor for extra work added to the contract by the City of Beaumont. The City of Beaumont requested the repairs of some inlets and driveways on Washington Blvd. and UNIQUE CHANGE ORDER ITEM 4 compensates the contractor for the removal of existing driveways and the installation of new concrete driveways, while UNIQUE CHANGE ORDER ITEM 5 compensates the contractor for each inlet repaired and sod will be placed to protect exposed soil. The added work will help improve drainage and overall performance of the roadway. This change order also adds an additional month of barricades for the work to be completed and another barricade due to the delay caused by negotiating the change order and time to close out the project. TIME ADJUSTMENTS ADJUSTED DAYS EXPLANATION CONTRACT 11 Additional days were added to the contract to compensate for the time and effort to complete the extra work. "By signing this change order, the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses; additional changes for time, overhead and profit; or loss of compensation as a result of this change and that this agreement Is made in accordance Item 4 and the Contract. Exceptions should be noted in explanation above." THE CONTRACTOR BY: TYPEDIPRINTED NAME: TYPED/PRINTED TITLE: AREA ENGINEER: AREA ENGINEER'S SEAL: DATE DATE DATE DATE DISTRICT ENGINEER: DIRECTOR, CONSTRUCTION DIVISION: DEPUTY EXECUTIVE DIRECTOR: FHWA: DATE . DATE DATE DATE n CONTRACT ID 092038187 CONTRACT ITEMS PROJECT NBR 092038187 CATG LINE ITEM SP DESCRIPTION NBR ITEM CODE NBR CHANGE ORDER NBR. 6 UNIT UNIT ORIG + PREV PRICE REV QTY Page 2 of 3 QTY NEW AMOUNT THIS CO QTY THIS CO 001 0150 05026001 000 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 1,500.00000 7.000 2.000 9.000 $3,000.00 001 0335 96086004 UNIQUE CHANGE ORDER ITEM 4 DOL 192.54000 0.000 358.000 358.000 $68,929.32 ADDTL CO DESCR 1 CO#6 Driveway: Remove and Replace ADDTL CO DESCR 2 DOL-- SY 001 0340 96086005 UNIQUE CHANGE ORDER ITEM 5 DOL 3,991.67000 0.000 3.000 3.000 $11,975.01 ADDTL CO DESCR 1 CO#6: Inlet Repair ADDTL CO DESCR 2 DOL= EA 001 0345 01626002 BLOCK SODDING SY 14.13000 0.000 338.280 338.280 $4,779.90 ADDTL CO DESCR 1 CO#6 CHANGE ORDER AMOUNT $88,684.23 CONTRACTID 092038187 FUNDING SOURCES 1. Work Program: LOCAL Work Category: 3 CHANGE ORDER NBR. Amount: $87,184.23 Page 3 of 3 (D SHt(�elVial lager CONTRACT ID: PROJECT: CONTRACT: AWARD AMOUNT: PROJECTED AMOUNT: CONTRACTOR: CO CO NUMBER TYPE 001 PART Description: 002 PART Description: 003 PART Description: 004 PART Description: 005 PART 0.00 Description: 006 PART Description: 092038187 HP 2008(125) 08173234 $1,690,881.52 $1,690,881.52 TEXAS MATERIALS GROUP, INC. CHANGE ORDER SUMMARY REPORT STATUS APPROVAL CONTRACT TIME DATE ADJUSTMENT Approved 04/20/2018 Zero Dollar Change Order Approved 05/03/2018 QUANTITY MODIFICATION AND EXTRA WORK Approved 06/28/2018 4 Level Up, Tabs, and Drainage Clean Out Approved 09/14/2018 Warm Mix Asphalt Overlay Approved 02/08/2019 13 Concrete Curb Repairs and Additional Days Draft 11 Replace Driveways and Inlet Repair 28 REPORT DATE: 02/28/19 HIGHWAY: CS DISTRICT: 20 COUNTY: JEFFERSON AREA ENGINEER: Kenneth Wiemers, P.E. AREA NUMBER.: 051 Total Non -Participating Amount: 0.00 Total Non -Participating Days: 0 MILESTONE TIME 3RD PARTY CO AMOUNT APPROVED CO ADJUSTMENT PARTICIPATION ($) AMOUNT $ $0.00 $0.00 $0.00 $0.00 $155,431.20 $155,431.20 $0.00 $2,898.47 $2,898.47 $0.00 $0.00 $0.00 $0.00 $64,214.69 $64,214.69 $0.00 $88,684.23 $0.00 $0.00 $311,228.59 $222,544.36 Project Csi Contractor [T Texas C% PRICE JUSTIFICATION 'Highway County on Co # _11-eicbri :tactorking- ..work on Wast ington.Blvtl, 'requestedzby.`-,fh6 City of This office has reviewed the unit prices submitted by the contractor and found them to be fair and reasonable for the following items: Bid IteM Quantity Unit Pride Description Submitted Justification Statement: The 8baurrionfArefaOlf Qfficbfirst -&o pared this fteftJ0,-;the :Statewide la.mbid,average', nd was unsatisfied because th-wo-fice quoted _A ffied-highbut1afdr fUthefrxpobadh usih4,11 iMM qoagbeand asking the ot ,fora-dditI -r-A Ju ficat10-is. Iiihg�j ei'r06$tand:dff668m--ft.Area oi"c,e b4lievostk- price is fair and, Bid Item Quantity Unit Price Description Submitted Justification Statement: Area9ff, J:the attached do submitted d6taili �h�q,qfforLand,do6tto .the: .,-., - _p oWiqnsp is,fair - d' bfi -Wh; v _0 -pared Bid Item Quantity Unit Price Description Submitted Justification Statement: p.VBeagmont.,AteaOff ice,reviewed the,attached d_ 9P.kmentaticqn submitteddotpiling.1hg effort and contractor The;prtce submitted is farr:and reasonoble.when;comPared to -.eOffqft m, the in the Rev. 12/10 �7 TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 5 Third Party Funding Notification Sheet This form is used when the subject change order Involves funding by a source other than TxDOT/U.S. DOT, and involves third partleswho are providing funding underan Advance Funding Agreement or Donation Agreement. 1. Outside funding provided by: City Of Beaumont (outside Entlgrs Legal Name) 2. Type of outside funding agreement for this change: ® Existing [] Amended New [Checkone] 3. Indicate the type and amount of funding: Fixed Price (Lump Sum) (Estimated Amount 64,214.69 ) ® Actual Cost CCSJ: 0920-38-187 Project: HP 2008(125) Highway: C5 County: Jefferson District: 20 Contract Number: 08173234 (a) Contract Items (Bid Items): 64,214.69 Use as needed: I hereby acknowledgenotillcation of the modifications (b) E&C*: (a)x 0 0 1,065.96 covered by this Change Order. en er (c) Indirect Cost**: (a+b)x a = 0.00 enter Date zip TOTAL __ . 65,280.65 B L Y Typed/Printed Name *AJ42f Typed/PrintedTitle MPAOLe4Z. The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in the "Estimated Cost" of the project. •• Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Funding for this Change Order has been arranged: 01/15/19 Typed/Printed Name: gRerVETM' ()r'. W 16, V g3 iauu i roan A M-nrR tKev. Un nl Page] Oil J Y� res f7epartmerrt of ftnspnrfaHan MEMO January 15, 2019 TO Patrick Ryan, P.E. Director of Construction From: Kenneth J. Wiemers, P.E. Beaumont Area Engineer Subject: Change Order #5 - Concrete Curb Repairs and Additional Days Protect: HP 2008(125) . Control: 0920-38-187 Highway: CS — Washington Blvd. County: Jefferson This change order compensates the contractor for extra work desired by the City of Beaumont, to repair concrete curbs on the project. Two new items of work were added to the project. Item 529- 6011, "CONC CURB (DOWEL)" was added in order to compensate the contractor for the removal of existing, loose or broken concrete curb flush with underlying concrete pavement and replacing it with doweled concrete curb. Item 9608-6003, "UNIQUE CHANGE ORDER ITEM 3" was added to the contract In order to compensate the contractor for additional mobilization required by the subcontractor, in order to complete the repairs for the concrete curbs. In order to complete these repairs, an additional 13 days were added to complete the project as well as an additional three months of barricades. This change order results in an additional cost of $64,214.69 to the contract. OUR VALUES: People • A=untabllfty • Trust • Honesty OUR MISSION: Through coUaboratfon and leadership, we dailvera safe, reliable, and lntegratedtransportatlan system that enables the movementofpeople and goods. An Fquel Oppork" Employer ,.: rite -Manager " � r ou® CONTRACT ID: 092038187 PROJECT. HP 2008(125) CONTRACT: 08173234 AWARDAMOUNT: $1,690,881.52 PROJECTED AMOUNT: $1,690,881.52 ADJPROJECTED AM717. $1,849;211.19 PEND ADJ PROJ AMT: $1,849,211.19 CONTRACTOR: TEXAS MATERIALS GROUP, INC. CO AMOUNT: $64,214.69 CC TYPE: FEDERAL PARTICIPATING 3RD PARTY AMOUNT: $0.00 APPRV LEVEL: CHANGE ORDER NBR, HIGHWAY: DISTRICT: COUNTY: AREA ENGINEER: AREA NUMBER: ' DESCRIPTION: REASON: SECONDARY REASON(S): 5 REPORT DATE: 111512018 9:17:03AM CS Functions: 20 Extra Work ❑ Force Account JEFFERSON Zero Dollar ❑ Finsi Quantity Kenneth Wiemeis, P.E. ❑ Overrun/Underrun ❑ Change Project Limits 051 Time Adjustment ❑ Delete/Add CSJ ❑ Stock Account Concrete Curb Repairs and Additional Days 3F - 317 -ADDITIONAL WORK DESIRED BY 7XDOT TIMEEXT.9. 2 and Days adjusted on the C. 0. i3 DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order compensates the contractor for extra work desired by the City of Beaumont to repair concrete curbs on the project Two new items of work were added to the project. Item 529-6011, "CONC CURB (DOWEL)" was added In order to compensate the contractor for the removal of existing, loose or broken concrete curb flush with underlying concrete pavement and replacing it with doweled concrete curb. Item 9608-6003, "UNIQUE CHANGE ORDER ITEM 3" was added to the contract in order to compensate the contractor for additional mobilization required by the subcontractor, in order to complete the repairs forthe concrete curbs. In order to complete these repairs, an additional 13 days were added to complete thi3 project as well as an additional three months of barricades. TIME ADJUSTMENTS ADJUSTED DAYS EXPLANATION CONTRACT 13 'By signing this change order, the contractor agrees to waive any and e8 claims for additional compensation due to any and all other expenses; additional changes fortime, overhead and profit, or loss of compensation as a result of this change and that this agreement is made In accordance Item 4 and the Contract Exceptions should be noted in explanation above " THE CONTRACTOR BY: DISTRICT ENGINEER:- DATE NGINEERDATE DATE TYPECIPR24M NAME: DATE TYPEWPJNTE13 TITLE DATE AREA ENGINEER: DATE AREA ENGINEER'S SEAL- DIRECTOR, CONSTRUCTION DIVISION: DEPUTY EXECUTIVE DIRECTOR: FHWA: DATE DATE DATE �r CONTRACT ID: PROJECT: CONTRACT: AWARD AMOUNT: PROJECTED AMOUNT: CONTRACTOR: CO NUMBER 001 002 003 004 005 CO TYPE PART Description: PART Description: PART Description: PART Description: PART Descriptlon: CHANGE ORDER SUMMARY REPORT REPORT DATE: 01115119 092038187 HP 2008(125) 08173234 $1,690,881.52 $1,690,881.42 TEXAS MATERIALS GROUP, INC. STATUS APPROVAL CONTRACT TIME DATE ADJUSTMENT Approved 0412012018 Zero Dollar Change Order Approved 05/03/2018 QUANTITY MODIFICATION AND EXTRA WORK Approved 06/28/2018 4 Level Up, Tabs, and Drainage Clean Out Approved 09114/2018 Warm Mix Asphalt Overlay Draft 13 Concrete Curb Repairs and Additional Days 17 HIGHWAY: CS DISTRICT: 20 COUNTY: JEFFERSON AREA ENGINEER: Kenneth Wiemers, P.E. AREA NUMBER.: 051 Total Non-Partielpating Amount: 0.00 Total Non-Particlpating Days: 0 MILESTONE TIME 3RD PARTY CO AMOUNT APPROVED CO ADJUSTMENT PARTICIPATION R) AMOUNTS $0.00 $0.00 $0,00 $0.00 $155,431.20 $155,43120 $0.00 $2,898.47 $2,898,47 $0.00 $0.00 $0,00 $0.00 $64,214.69 $0.00 $0,00 5222,544.36 $158,329.67 Project , 2P UB(:125) j CSJ Contractor ,TE�XA I ATERIALS IINCI 0 PRICE JUSTIFICATION Highway(OS:..._ .i County ( Jefferaan; - j This office has reviewed the unit prices submitted by the contractor and found them to be fair and reasonable forthe following items: Bid Item Quantity Unit Price Description Submitted Justification Statement: Bid Item Quantity Unit Price Description Submitted (.`.. .IDOL'• EiQRDER ; fI'E�- _...... . ... . ... Justification Statement: Rev. 12110 TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 4 Third Party Funding Ngtification Sheet This.form is used when the subject change order involves funding by, source other than TxDOT/U.S. DOT, and Involves third parties who are providing.funding under an Advance Funding Agreement or Donation Agreement. 1. Outside funding provided by: - 77 City Of Beaumont CCSJ: 0920-38-187 (Outside Entity's.Legal Narine) Project: "1, 2008(125) 2, Type of outside fandirig agreement for this change: Highway: CS M Existing •❑ Amended ❑ New County:'Jefferson (Checkone.j District: 20 3. Indicate the type and amount of funding: Contrail ❑ Fixed Price (Lump Sum) (Estimated Amount 0.00 ) Number. 08173234 Actual Cost (a) Contract item's.(Bid Items): 0.00 Use as needed: I hereby admowledge notification ofthe modifications (a)x 0 = 0.00 covered bytfiis6angeOrder. en er (c•IndiiectCost*k'.- (a+b)x• 0_.._ = 0.00 /•��''� __.._ en Date TOTAL —= mod By t -- --- .-- Typed/Printed Name . __jtqef • Typed/Printed titleCL *.The percentage.(%) for E&C (Engineering and Contingencies) charges variesfrom project to project - depending on the contact amount ofthe project. Projects with a higher contract'antountwill have a lower rate of E&C charge.' Forasped(ic project, E&C rate.(%) can be derived from the cost ofTmgineering and Contingende? in the °Estimated Cost' of the ProJect •` Use the statewide dlstrld rate as established by Flnance DMslon each year. This line 3(c) is for Service Project only, unlesf otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for•instructions. Funding for this Change Order has been arranged.' zs--zo1 a Typed/Pdnted Name: �L�Ny�r�' � �����i2� ^• UOOT Form 2146-AFA (Rev. 07/13) Page 1 of 1 0 Texas Depai tment of 7Pansportatlon MEMO September 5, 2018 To: Patrick Ryan; P.E. Director of Construction From: Kenneth J. Wiemers, P.E. Beaumont Area Engineers/A/ � Subject: Change Order #4 - Warm Mix Asphalt Overlay Project: HP 2008(125) Control: 0920-38-187 Highway: CS -Washington Blvd. County: Jefferson This change order modifies the surface course from station 146+00 to 227+74: During overlay operations of this section concrete joints reflected through the asphalt mat. Vigorous testing determined a change to Super Pave TY C PG 70-22 Warm Mix is necessary. The temperature difference at the paver between SMA PG 76-22 Hot Mix and the proposed Super Pave Warm Mix should alleviate the bump caused by joint reflection. The contractor can use any approved "chemical additive" for this mix design. The contractor shall use an approved system to measure and produce a recorded printout of the amount of WMA additive going into the mix. Delivery temperature shall be low enough to prevent reflection of concrete joints. Delivery and roll out temperatures will be modified by the Supplier and accepted by the Engineer. All work related to the WMA is subsidiary to this item. An authorized representative of the WMA supplier shall be present during the first day of placement. There's no additional cost associated with this change order. OUR VALUES: People • Accountability • Trust - Honesty OUR MISSION: Through collaboration and leadership, we -deliver a safe, reliable, and Integrated transportation system that enables the movement of people and goods. M Equal Opportunity Employer � r o,poww�.flw.y.,pgw . �• I�r7� ��P CHANGE ORDER Nt3R. 4 REPORT DATE: 9JSJ2018 +L:91:26PM tti� CONTRACT ID: 092038187 HIGHWAY: CS unction. PROJECT: HP 2008(125) MSTRW... 20 ZExUa Work ❑ Force Account. C ONft+ACL, 08173234 COUNTY: JEFFERSON ❑ Zemu Dotler ❑ 1.1ne1 Quantity AWARD AMOUNT: $1,690,881,92 AREA ENGINEER: Kennalh Wiemers, P.E. 00vemmAJWerrun ❑ Change Project urnits PROJECTED AMOUNT- 511890,881.92 AREA NUMSER: 051 ❑ Tlme Adjustment ❑ Delete)Add CSJ ADJ PROJECTED AMT: $1,849,2111.19 ❑ StackAcaaunt PEND ADJ PROJ AMT. $1,849,211.19 DESCRIPTION: Warm M'a Asphalt Overlay CONTRACTOR: OLDCASTLE MATERIAL TEXAS, INC. REASON: 2A - 2A -DIFFER SITE CONDITION (UNFORESEEABLE CO AMOUNT: 50.00 SECONDARY REASON(S): CO TYPE: FERAL PARTICIPATING 3RD PARTY ANIOUNT: WM APPRV LEVEL - ,DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT 19 BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order modifies the surface course from station 146+M to 227+74. During overlay operations of this section concrete joints reflected through the asphalt prat Vigorous testing determined a change to Super Pave TY C PG 70-22 Warta Moc Is necessary. The temperature di ference at the paver between. SMA PG 76--22 Hot Mix and the proposed Super Pave Warm Mix should alleviate the bump caused by joint reflection. The contractor can use any approved "chemical additive for this mix design. The contractor shag use an approved system to measure and produce a recorded printout of the amount of WMA additive going into the mix. Delivery temperature shall be low enough to prevent reflection of concxets joints. Delivery and roll out temperatures will be modified by the Supplldr and accepted by the Engineer. All work related to the WMA is subsidiary to this item. An authoriied representative of the WMA'supplier shall be present during the first day of placement. ADDITIONAL TIME NOT NEEDED "By signing this change order,.the contractor agrees to waive any and all claims far sddhional compensalkm due to any and all other expenses; additional changes for lima, overhead and profit or loss of compensation as a result of1hTs change and that thh agreement Is made In accordance Item 4 and the Conttad Exceptions should be Hated In explar adan above." THECONTRACTO 13Y.,10 ZO/$ d13i RIOT EN011tEEiir d DATE TYPED)PRINTED NAME. f. -Dir zr BdAi6KRAD TYPED)PRiNTEDTITLE: /Qfi+jT 4etrumsy Ai ��ltttt �„q.PZE........1;F;�� tt AREA ENOWEER. ��jJJ>�i � * •:. * l AREA ENGINEERS SEAL�� ���� *:............•••••••••••• *• y rKENNETH J. WIEMERS r...I.......... ................ i.... 101339 DIRECTOR, CONSTRUCTION DMMON: DEPUTY EXECUTIVE DIRECTOR: FHWA: DATE DATE DATE DATE CONTRACT ID 092038187 CONTRACT ITEMS PROJECT NSR 092038187 CATG LINE ITEM SP DESCRIPTION NBR ITEM CODE NBR CHANGE ORDER NBR. 4 UNIT UNIT ORIG + PREV PRICE REV QTY Page 2 of 2 QTY NEW AMOUNT THIS CO QTY THIS CO 001 0110 03466018 000 STONE-MTRX-ASPH SMA -D SAC -B PG76-22 TON 67.00000 6,120.000 -4,920.000 3,200.000 -$428,040.00 001 0112 03446050 SUPERPAVE MIXTURES SP -C PG70-22 TON 87.00000 0.000 4,920.000 4.920.000 $428,040.00 ADDTL CO DESCR 1 Change Order #4 ADDTL CO DESCR 2 STA. # 146+00 to 227+74 CHANGE ORDER AMOUNT $0.00 CHANGE ORDER SUMMARY REPORT CONTRACT ID: 092038187 PROJECT: HP 2008(125) CONTRACT: 08173234 AWARD AMOUNT: $1,690,881.52 PROJECTED AMOUNT: $1,690,881.52 CONTRACTOR: OLDCASTLE MATERIALS TEXAS, INC. 003 PART CO CO NUMBER TYPE 001 PART Description: 002 PART Description: 003 PART Description: 004 PART Description: STATUS APPROVAL CONTRACTTIME DATE ADJUSTMENT Approved 04/20/2018 Zero Dollar Change Order Approved 05/03/2018 QUANTITY MODIFICATION AND EXTRA WORK Approved 06/28/2018. 4 Level Up, Tabs, and Drainage Clean Out Approved 09/14/2018 Warm Mix Asphalt Overlay 4 REPORT DATE: 09117/18 HIGHWAY: CS DISTRICT: 20 COUNTY: JEFFERSON AREA ENGINEER: Kenneth Wiemers, P.E. AREA NUMBER.: 051 Total Non -Participating Amount: 0.00 Total Non -Participating Days: 0 MILESTONE TIME 3RD PARTY CO AMOUNT APPROVED CO ADJUSTMENT PARTICIPATION ($) AMOUNT $ $0.00 $0.00 $0.00 $0.00 $155,431.20 $155,431.20 $0.00 $2,898.47 $2,898.47 $0.00 $0.00 $0.00 $158,329.67 $0.00 $158,329.67 Project HP 2008(125) CSJ 0920-38-187 Contractor Oldcastle Materials Texas CO Description PRICE JUSTIFICATION Highway- CS County Jefferson CO # 4 This change order modifies the surface course from station 146+00 to 227+74. During asphalt overlay operations of the concrete pavement overlay section of this project, joint sealant was reflecting through the asphalt mat. After vigorous testing, it was determined to change the pavement for this section of roadway to super pave TY C PG 70-22 Warm Mix. The temperature difference between the bid item of SMA PG 76-22 Hot Mix and the proposed Warm Mix Super Pave should alleviate the joint sealant reflection we are currently seeing. The contractor can use any approved "chemical additive" for this mix design. The contractor shall use an approved system to measure and produce a recorded printout of the amount of WMA additive going into the mix. Delivery temperature shall be a maximum of 235° F. Delivery and roll out temperatures will be modified by the Supplier and accepted by the Engineer. All work related to WMA product additives is subsidiary to this item within the change order. An authorized representative of the WMA product additive supplier shall be present onsite during the first day of asphalt placement. This office has reviewdd the unit prices submitted by the contractor and found them to be fair and reasonable for the following items: Bid Item Quantity Unit Price Description Submitted. D346-6018 -4,920.00 TON $8i.00 Stone-Mtrx Asph SMA -D Sac -13 PG76-22 Justification Statement: Reduction in quantity due to change In project material from station 146+00 to 227+74. Bid Item Description Quantity Unit Price Submitted 03446050 4_,920.00. TON $87.00 Superpav6 Mixtures SP -C PG 70-& Justification Statement: Change in material at no additional cost or price reduction as directed by District Construction. See attached Email. Rev. 12110 Kevin Grissom From: Dave Collins Sent: Wednesday, August 15, 201812:02 PM To: Kenneth Wiemers; John Sudela; Kevin Grissom Cc: Patrick Ryan; Johnny Johnson Jr; Rick McClelland Subject: 0920-38-187 Washington Street Concret over will be SuperPave "C" Warm Mix with no reduction in Hotmix and Joint Sesaler costs Kenneth; Please proceed by contacting Old Castle that the overlay over the concrete section will be 1-3/4" of Superpave "C" SAC B with no reduction in the Hot Mix and Joint Sealant Items. Also please request Old Castle to submit the Superpave design for our review and approval. Thanks, Dave Collins, P.E. Beaumont District Transportation Engineer Beaumont District of Construction Work:409-898-5835 Ce l 1:409-790-7031 dave.colIins@Ixdot.gov .Live, Pae4d awd %a4S4#4.S4#4t 46" V" TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 3 Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source'other than TxDOT/U.S. DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. 1. Outside funding provided by: City Of Beaumont (Outside Entitys Legal Name) 2. Type of outside funding agreement for this change: ® Existing ❑ Amended New (Checkonej 3. Indicate the type and amount of funding: F] Fixed Price (Lump, Sum) (Estimated Amount 2,898.47 ) ® Actual Cost CCSJ: 0920-38-187 Project: HP 2008(125) Highway: CS County: Jefferson District: 20 Contract Number: 08173234 (a) Contract Items (Bid Items): 2,898.47 Use as needed: I hereby acknowledge notification of the modifications (b) E&C*: (a) x 0 = ' 48.11 covered by this Change Order. enter (c) Indirect Cost**: (a + b) x 0 _ 0.00 / en er a-�8 Date Ip O TOTAL 2,946.58 By Typed/Printed Name K Typed/Printed Title C * The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project depending on the contract amount of the project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in the "Estimated Cast" of the project. Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project.only, unless otherwise specified in the Advance Funding Agreement, See Stand Alone Manual Notice 98-2 for instructions. Funding'forthis Change Order has been arranged: 06/05/18 TxDOT Representative Date TypedlPrinted Name: TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1 O Texas Department of 7Yansportailon MEMO June 5, "2018 To: Patrick Ryan, P.E. Director of Construction From: Kenneth J. Wiemers, P.E. Beaumont Area Engineer Subject: Change Order #3 - Level Up, Tabs, and Drainage Clean Out Project: HP 2008(125) Control: 0920`38-187" Highway: CS - Washington Blvd. County. Jefferson This change order compensates the contractor for extra work required for level up added to the project. The road started unraveling after milling operations were complete due to high traffic volume in the area: This required a placement of the--"D-GR HMA(SQ) TY -F SAC -B PG 64-22" level up in order to fix the damaged roadway. The level up work is the. result unforeseeable site conditions. White tabs were also added to the contract as a new item to correct a PS&E, "WK ZN PAV MRK SHTTERM (TAB) TY W" as the original plans did not account.for the placement of the white tabs required in order to complete the project. Likewise, yellow tabs were. added "to "the contract as :an existing item, WK ZN PAV MRK SHT TERM (TAB)TY Y-2" because the original plans did not call for enough tabs to complete the. project. A "UNIQUE CHANGE ORDER ITEM 2" was added to the contract per this change order.and paid by invoice cost. This item was added in order to compensate the'contractor for extra work performed at the jobsite for removal" of grass, debris, and excessive silt build up within -the gutter line ,that was encountered "during 0" to 1' concrete planning and considered an unforeseeable site condition. The scope of work for this change order will take place between stations 11+07 to 227+74. This change order contains the revised plan sheets for pages 3, 4, 5, and 10. within the plan set. This change order adds four"additional days to the contract. This change order results in.a cost of $2,898.47 to the contract.._ -- OUR VALUES: People • Accountablllty • Trust • Honesty OUR MISSION: Through collaboration and leadership, we delivera safe, reliable, and Integrated transportation system that enables the movement ofpeople and goods. An Equal opportunity Employer l. 3' REPORT DATE: -"r -x•,. ensu. U.,.vtrumvf lnn9'+'1a"m c,r�ra +son.ya unctions: CONTRACT ID: 092038187 PROJECT: HP 2008(125) CONTRACT: 08173234 AWARD AMOUNT: $1,690,881.52 PROJECTED AMOUNT: $1,690,881.52 ADJ PROJECTED AMT: $11846,312.72 PEND ADJ PROJ AMT: $1,846,312.72 CONTRACTOR: OLDCASTLE MATERIALS TEXAS, INC. CO AMOUNT. $2,898.47 CO TYPE: FEDERAL PARTICIPATING 3RD PARTY AMOUNT: $0.00 APPRV LEVEL: CHANGE ORDER NBR. 3' REPORT DATE: 61512018. 3:63:13PM unctions: HIGHWAY: CS DISTRICT: 20 Extra Work ❑ Force Account COUNTY: JEFFERSON ❑ Zero Dollar El Final Quantity AREA ENGINEER: Kenneth Wiemers, P.E. Overrun/Underrun ❑ Change Project Limits AREA NUMBER: 051 ® Time Adjustment. ❑ Delete/Add CSJ ❑ Stock Account DESCRIPTION: Level Up, Tabs, and Drainage Clean Out REASON: 1A - 1A -INCORRECT PS&E (TxDOT DESIGN) SECONDARY REASON(S): 002A - 2A -DIFFER SITE CONDITION(UNFORESEEABLE) TIME EXT.#: 1 and Days adjusted on the C. O. 4 DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order compensates the contractor for extra work required for level up added to the project The road started unraveling after milling operations were complete due to high traffic volume in the area. This required a placement of the "D -GR HMA(SQ) TY -F SAC -13 PG64-22" level up in order to fix the.damaged roadway. White tabs were also added to the contract as a new item, "WK ZN PAV MRK SHT TERM (TAB)TY W" as the original plans did not account for the placement of the white tabs required in oder to complete the -project Likewise, yellow tabs were added to the contract as an existing item, "WK ZN PAV MRK SHT'TERM (TAB)TY Y-2" because the original plans did not call for enough tabs to complete the project A "UNIQUE CHANGE ORDER ITEM 2" was added to the contract per this change order and paid by invoice. This item was added in order to compensate the contractor for extra work performed at the jobsite for removal of grass, debris, and excessive silt build up within the gutter line that was encountered during 0" to 1" concrete planing. The scope of work for this change order will take place between stations 11+07 and 227+74. This change order.contains the revised plan sheets for pages 3, 4, 5, and .10 within the plan set TIME ADJUSTMENTS ADJUSTED DAYS, EXPLANATION CONTRACT 4 Additional time is being granted for the placement of added level up and debris removal. "By signing this change order, the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses; additional changes for time, .overhead,and profit; or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract. Exceptions should be noted in explanation above."' THE CONTRACTOR BY: DATE TYPEDIPRINTED NAME: TYPEDIPRINTED TITLE: DATE DATE DISTRICT ENGINEER: DATE DIRECTOR, CONSTRUCTION DIVISION: DATE DEPUTY EXECUTIVE DIRECTOR: AREA ENGINEER:- FH_WA: DATE AREA ENGINEER'S SEAL: DATE DATE CHANGE ORDER SUMMARY REPORT CO CO APPROVAL CONTRACT TIME CONTRACT ID: 092038187 PROJECT: HP 2008(125) CONTRACT: 08173234 AWARD AMOUNT: $1,690,881.52' PROJECTED AMOUNT: $1,690;881.52 CONTRACTOR: OLDCASTLE MATERIALS TEXAS, INC. CO CO APPROVAL CONTRACT TIME DISTRICT: STATUS NUMBER TYPE DATE ADJUSTMENT 001 PART Approved 04/20/2018 AREA ENGINEER: Description: Zero Dollar Change Order 002. PART Approved 05/03/2018 Description: QUANTITY MODIFICATION AND.EXTRA WORK 003 PART Draft 4 Description: Level Up, Tabs, and Drainage Clean Out 0 4 REPORT DATE: 06105/18 HIGHWAY: CS DISTRICT: 20. COUNTY: JEFFERSON AREA ENGINEER: Kenneth Wiemem, P.M. AREA NUMBER.: 051 Total Non -Participating Amount: 0.00 Total Non -Participating Days:, 0 MILESTONE TIME 3RD PARTY CO AMOUNT APPROVED CO ADJUSTMENT PARTICIPATION ($) AMOUNT $ $0.00 $0.00 $0.00 $0.00 $155,431.20. $155,431.20 $0.00 $2,898.47 $0.00 $0.00 $158,329.67 $155,431.20 1 TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 2 Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source other than TxDOT/ti.S. DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. 1. Outside funding provided by: City Of Beaumont (Outside Ent[Vs Legal Name) 2. Type of outside funding agreement for this change: ® Existing ❑ Amended ❑ New ( Check onel 3. Indicate the type and amount of funding: Fixed Price (Lump Sum) (Estimated Amount 133,764.00 ) ® Actual Cost (a) Contract items (Bid Items): (b) E&C": (a) x 0 en er b (c) Indirect Cost": (a + b) x 0 = enter % TOTAL CCSJs 0920-38-187 Project., HP 2008(125) Highway: CS Countys Jefferson District: 20 Contract Number: 08173234 133,764.00 Use as needed: I hereby acknowledge notification of the madillcatlons 26,752.60 covered by this Change Order. 0.00 Date 160,516.80 L L By Typed/Printed Name�S Typed/Printed Title 'The percentage (%} for E&C (Engineering and Contingencies) charges varies from project to project depending on the contrac£amount of the project Projects with a higher contract amount w01 have a lower rate of E&Ccharge. For a specific project, E&C rate (%) can be derived from the cost of"Engineering and Contingencles" in the °Estimated Cosy' of the project •' Use the statewide district rate as established by Finance Division each year. This line 3(c) Is for Service Project only, unless otherwisespedfled in the Advance Funding Agreement. See Stand Alone Manua) Notice 98-2 for instructions. Funding for this Change Order has been arranged: 04/18/18 Typed/Printed Name: KyN6rrt �?• WI E�Ffz 5 iX00TForm 2146-AFA(Rev.07/13)Page 1oft - - — °m§ m 7 7/ a# I mtk k �� co ma \ 0 § La2 (§ E k o - ® ® - - - - ® � k S 8 § § \ @ m @ § k § 2 f $ q § § o . . � m Lu \ ) d k § § § ) � § © - z © Q � ® \ § ) m § § § G o 2 LU ( k k § b a . 0 w ■ 2 0 k� m § ) ƒ K C3 © f R R c « § k10-00-0 ui m u C3 m« 2 § TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 1 Third Party Funding Notification Sheet This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT, and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement. 1. Outside funding provided by. City Of Beaumont (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: ® Existing Amended E] New ( Check one j 3. Indicate the type and amount of funding: ❑ Fixed Price (Lump Sum) (Estimated Amount 0.00 ) ® Actual Cost (a) Contract Items (Bid Items): (b) E&C*: (a) x 0 = enter �-- (c) Indirect Cost'*: (a + b) x 0 enter TOTAL CCSJ: 0920-38-187 Project: HP 200B(125) Highway: CS County: Jefferson District: 20 Contract Number: 08173234 0.00 Use as needed: I hereby acknowledge notification of the modifications 0.00 covered by this Change Order. 0.00 14 — Date 0.00 1 By 1� Typed/Printed Naive VAILS Typed/Printed Title ' The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to.project depending on the contract amount of the.project. Projects with a higher contract amount will have a lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies° in the "Estimated Cost" of the project. *' Use the statewide district rate as established by Finance Division each year. This line 3(c) Is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for Instructions. Funding for this Change Order has been arranged: 04/18/18 Typed/Printed Name: �"�iYiY�J'ft 7. W I P-47PiL. TXDOT Form 2146-AFA (Rev. 07/13) Page 1 of 1 Texas. Department of 7ionsportallon MEMO April 13, 2018, To: Patrick Ryan, P.E. Director of Construction From: Kenneth J. Wiemers, P.E. Beaumont Area Engineer Subject: Change Order #1— Zero Dollar Change Order Project: HP 20.08(125) Control: 0920-38-187 Highway: CS County: Jefferson This.change order adds traffic control plan sheets to the plan set that were not included prior to letting. Work performed on the project as per the plans :required the use of W2(RCD)-13, TCP(2-2)48_ and TCP( -2-4)-18. The listed. plan sheets will be added by this.change order to assist in completing this project in a safe manner., This change order adds plan sheets 12A, 1213, 27A and 27B to the plan set. This change order results in a cost of $0:00 to the contract. This is a zero dollar change order. 'OUR VALUES, People •. Accountability •Trust • Honesty OUR MISSION: Through collaboration and leadership, we deliver a safe, reliable, and integrated transportation system that enables the movement of people and goods. M Equal Opportunity Employer n.NMmr.�inbq.N.M CCIifftACT m 082038187 PROJECT: HP 2008(125), COACT; 08173234 AWARDAOIOUNT: 11169D,8B1.52 PROJECTED AMOUArr. $1,690,881.52 ADJPROJECTED AMP 51.890,861.52 PENDADJ PROJ AW'. $1,690,881.52 CONTRACTOR: OLDCASTLE MATERIALS TEXAS, INC. CO AUC INT: 50.00 CO TYPE:. FEDERAL PARTICIPATING 3RD PARTY ANK=T: 50.00 APPRV LEVEIL CHANGE ORDER ISIM 9' REPORTDATE: 41131201a 11:61-SOAM DESCRiPT om :Zero Doilart`,henge.Order REASON: 1A •--1A INCORRECT PSBE (TxDOT DESIGN] SECONDARY REASON(Sj: DESCRIBE THE REASON FORTHE CHANGE.ORDER AND WHAT IS BEING CHANGED. tA0tE1 NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order adds traffic coritrci pian sheets to the pian set thetwere not included prierto letting: Work perfommd an the pmject as per the plans required the use of W2(RCD}13, TCP(2-2]-18 and TCP(2-4)-78.1he' risted plan sheets will be added by this charge orderto assist in emplating fire project in a safe, manner. This change order adds plan sheets12A, 128,27A and 27B to the plan set ADDITIONAL TIME NOT NEEDED 'Sy signing flus change order, the contradoragrees to waive any and all Balms for addrdonal comperCatian due to any and a0 other expermw addi8onel chor es for iinle, overhead and profit or loss of compensation as a m3ult ofthis change and thatthi5 agreement Is made in a=ardance Iem d and the Contract Exceptions should be noted in explarralion above.' - THECONTRA R DISTRICT ENGINEER: unctions: HIGHWAY- CS' DATE ❑ExlraWork ❑FamAcom t DIS'TIUCT: COUNTY: 20 JEFFERSON Ozdm Ocuar ❑ Ftnal QUarttdy AREA ENGINEER: Kenneth Vifiemers. P.E, ❑ OverrunlUndemm ❑ Time AdJustrnent ❑ Change Project Limos ❑ Delete/Add CSJ, yyRPjr� NlIl41RFR- 051 _ 08tockA=Urd DESCRiPT om :Zero Doilart`,henge.Order REASON: 1A •--1A INCORRECT PSBE (TxDOT DESIGN] SECONDARY REASON(Sj: DESCRIBE THE REASON FORTHE CHANGE.ORDER AND WHAT IS BEING CHANGED. tA0tE1 NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order adds traffic coritrci pian sheets to the pian set thetwere not included prierto letting: Work perfommd an the pmject as per the plans required the use of W2(RCD}13, TCP(2-2]-18 and TCP(2-4)-78.1he' risted plan sheets will be added by this charge orderto assist in emplating fire project in a safe, manner. This change order adds plan sheets12A, 128,27A and 27B to the plan set ADDITIONAL TIME NOT NEEDED 'Sy signing flus change order, the contradoragrees to waive any and all Balms for addrdonal comperCatian due to any and a0 other expermw addi8onel chor es for iinle, overhead and profit or loss of compensation as a m3ult ofthis change and thatthi5 agreement Is made in a=ardance Iem d and the Contract Exceptions should be noted in explarralion above.' - THECONTRA R DISTRICT ENGINEER: 1 20 , 4, 'qi3' Ott .AREA EN61NEEfi"$ SEAL• � . v r. * _• •: * l� DATE DATE TVPEDIPRINTED NAME:. �y {�7m.46l14AP DIRECTOR CONSTRUCTION DIVISION: TYPEDlPRB17EDTTTLE: 'fog.:, ,J fRS�i?• SBwTAdLY DATE DEPUTY EXECUTIVE DIRECTOR: DATE . DATE - AREA ENr31faEER:-p,�'J7YK/li�%.'%'�V/ _ n�of ]'� Zttt FHwA: — Nr~ •w••••y RATi: 1 20 , 4, 'qi3' Ott .AREA EN61NEEfi"$ SEAL• � . v r. * _• •: * l� A. Work yS1,g3 L'• Rt, -2 E.g ,CLOSURE DETAILS Mag sz! -Lr - WZ (RCD) -1: 8g 8 r�b ua-e 2/•x,2• o�taaR ' 124'x 12• WEST )se CL03m XX. a y ~~i g200• M4,:-. 24- �7Ug sL Ap See Sc'Ntle 0 $ ROAD ` ROAD' WORK. ZONE ROAD Cd.OSED Rt, -2 ;-17-201,f ,CLOSURE DETAILS Vie- x 30- - WZ (RCD) -1: ' ROAD $ CL03m SOUR CW20-0C 46"n 48' sL See Sc'Ntle 0 $ ROAD �CLOam CR20-30 ' i 1000 FT U- RAN See ote B' l c �t ss10 603ip R,1 -3a ,�6 �1. 4e• x 10• a 24• x 12• Y1 -6T 24• x 24• 46-1- 21• x IS* 114-e 24• x 12• ul-6T 24• x 24• . VL 21• x IS' :ROAD CLOSURE BEYOND THE INTERSECTION Signing :fee o RmWed.Route rith'en Off-S116,Detow 23.2 2P a 24• V I V C> LEGEND tam Type 3 Borricaae- i 1 Sign Minium` Panted Sign sowSomInD IF2' Distaae 30 120• 35 160• 40 240' 45 320' IR11-2 SD .400• I5•.x 30' 55 500•' Y1-fOL .60 6000 10' x 10• 65 _ 700• TO Soo, TS SOD• N Conventional .Roads Only 24' x 24• 'GENERAL NOTES 1. This aneet IsIntendedto provide datdlli for taspOrary aOrK Zola .rood eloalraa. For Permanent road closure dstatle so me OLOM sta,xrda. 2. earricoma used shot not the requlrerents anon on Brlcmb aid Cautruatlon Standard SC(10) and Irated an file Canal torent Werk Zone. Traffic Control Devices Iist; teatcol. 3. Stoekdfled naterfara anal (at. be,Placed on the traffic *,ad of btxrta00 16 4. BerrlCadea at the rood closure should extend free pavementedge.. to 'Uatexent edge• 'S. Deter al gnina stiaai :a intended to Il lastrate the type of ilgntnIl that In appropriate for. mobered routes or un-nxeered. routes as labeled. If does act indicate the full axion of detour stgnim required. Detour. raitu should be. signed as ahoan.alaaehere in file plans.. 6. If the road 'Is open'far a sTOnifieaM dtafenee bayom The Inierstatlan or fhere.arc nign:ftCont arlglNdestinat:al points beyond the interseotton, the alae Oral barricades a+ this Iaddiion should be located at the edge of the troweled any. T..'The 'Street Race (:-12T) Sign frr.ta .be Picard above the DETOUR 811-951 a,Cm E. Por. urban areas Nare there is o ihortir dista om aiteeen in* Interaction and Ste actual closure location, the ROAD CLOSED. XX MILES AHEAD IRI I•Sa% 210, may be rsp(oced: alth a ROAD CLOSE TO THRO TRAFFIC (RI t-11 sign. If adequate apace does net exist bet"m the 'Intersection and the clomwe a stnole ROAD CLOSED AHEAD (Ce20-301 Stan 80x04 as par Ste table Cbave say replace the ROAD CLOSED 1000 FT 1CW20-351 and ROAD. CLOSED 500 FT (CM. -3C)- atgns. S. Sign. aHl barricades anew, Nal t be aixeidiary to Item 502.. nt Locations aro theca Octal is ai II - be required "I I bens sheen elseet*m fn the plant ROAD CLOSURE AT THE'INTERSECTION Signing for an un-nummiered Route rite an Off -Site WOW �l/W WORK. ZONE ROAD ;-17-201,f ,CLOSURE DETAILS (1,41.4 ) - WZ (RCD) -1: 8 a s �.5 Tewntnp Sion 5eauenee $In Opposite oirectian O1. °° Be ERD ROAD WORK 620.2 48• X 24' 42' x a2 • x _ I T ar CW20-4 18' X �8- ONE LANE ROAD Roao -WORK XXX FT 448 x e6•. AHEAD ISCa note 22A - PREPARED + CO20-ID TO STOP 48- x 48• IFI003- 30 LEGEND 150' 165' I80' ® Type 3 Bwriixdo ■ ■ Ch-1121ng Devices n --1t1. Truax Uoun10d Neov we,% VMiole L y Attamatar tit1A) A Trailer Mounted . � Portable tnonpeable Fleshing Arran Bald 'i.Mf uassape Sign [Pcus) 46 sign Traffia Flo+ A Flog Flapper 155; TOYI Line. 4 / See note n ONCOMING_ I tsee Rote 21A g^6 TRAFFIC -g Rl-2oP Se % 36' CR20-7 (5eI e note 9 9) ) - u 46' % 46' +, w v ' a XXX / 8 a FEET �1 Devices at 20•, a ♦/ W ENO Spacing on �g ithe Toper .I « C■16-2P S ® 8' 24• x 1e•A / ROAD WORK ` G20-2 =oh rn .ppena 40' x 24• g - flogger stations - ,hot I tations shotl be 8F� i'at it 4ttminoteanlahr S.ao H Formula • Yinlxue s'uapmrted Welxun Yint-� Deatrobl. SDoalro 01 ,ton suaa.stm S 1.0 Toper Lenptns Momelizlnp stmatro Lanpituelnol sipn1 lE le Orvin. x. Buffs Spat. Oi RaMe 10' 11' 12' On O Ona Ola1v 9' 010. Off offal Taper Team 30 2 150' 165' I80' 30' fid' 120' 90' 200' 35 40 L• 60 205• 225' 245• . 35' 70• 160' 120' 250• 265' 295' 320' 40' 8a• 240' 155' 305' 45 450' 499' 540' 45' 90' 320' 195' 360: 50 5Do' 550' 600' 50' 100• 400• 240' 425' 55 L•WS 550' 605' 660' 55' 110' 500' 295' 195' 60 65 600' 660' T20' 60' I20' 600 350' 570' 650' 715• 7B0' 65' 170• T00' ,410' 615' TO 700' 770' 840' 70• I40' 800• - 475' 730' 75 750' 825' 900' 75• 150' 1 900• 540' 620' p * Convontlonol Roods Only Em• (.v N T.roarw■ ■ **Taper lengths hove been rounce0 off. M'.�.e_ 24•hStopY Ltne • L•Length of TCpor IFT) Width of OffsellFT). S•Posted SOeed(1PN) S c c k (See Note 2)S !• too. Approx. TYPICAL USAGE gA Devices at y� 5naaw Vehicle tiro ■ ■ 20• spmtnq 1AOBILE SNOfiT SIgRi TERY IME1ada1ATE 'LONG TEfal TRA and hien intensity ) o - DURATION STATIOWT iERU STATItX■RT STATIOkART ,gga o6etl lorotingl 6Nobe lights. (See "tea 6 5 71 I ■ 1T.• ■ I :y; ;y GENERAL NOTES _bsi I ■ 1. Flags ortOchr ad to 51" yr Show,. we RMIRFA z At traffic control, dntees It iumtrated are REQUIRED, except these tented rich the. trlw9le ayo0O1, ga y be emitted .henstated elaeenara in the elms, °r for fa)finE wintenmce Bork, vnen aWaied • ono Shadex Vent. te � I^ by the Engl—. rTiri-nm and ■ a - Y 3. The Cs3.4 'BE PREPARED TO STOP" sip. eery be Intal led o"er tee mcg : •ONE LANE •:« • e RI -2 ,htCh'intensity ROAD )= FT' sl but proper at gn speoing shell tie Maintained. Iry Devieea at the 3 42' X 42' X 4Z' rotarirg, I = 4, Ft 3 Should use tee -goy radlos w other methods of emanieation to control troffta .° spacing on the Toper 0-11I*t a0 vo $ TO oaei 11mt{n0 w ■ 5. Length of •ark epace ca A so Owed m ed rri l he of an beers it erred 30 to 1 • I G. A ShoOOY Vehicle with o 7W snwld be US.a mytiae it em De poslfiamdl0 to 100 feet TTi1 ONCOMING Rt-zaPatratx Iignra. 58: 1Sea notes 6 E TI in odvoxe o1 the area of Ore. espowre rit)mut adversely aficetirtq the peNmaege Or wally Of g_. TITRAFFIC Ie' x 16• ■ j2_ -FET the _x. If twkers we ro longer present Out rood Or rock conditions reautre tem traffic Control. 117.111. L.i - i5ee nota 91 d -g. ISca Not° 21♦ Yenic einmidn os. Type 1 Barricc0es Or other cher elixinq 6:0"s Say be auOStttuted fw the ShadOr' m20.7 7. Ad0ltienol She"' VehiClCe With IYAa May be positlmed off 1M paved Surface, next to temsC ahpel Devi Ces at ■ X 46' ,n waer to velleat'a claw .ant space. 20' spec ng c On the Teter s TCP (2-2a) 'XC1016-PExcept in' % le'A B. 1M RI.2 'T[FAD' sign ttolfie Ceh}PDI.pmY m used m projects rich appra)desttxH novo adeamte ssglt N3 -2m Geneios, aceta de. For projects in urbm areas, rock space Could be M lager than e d "if City black. 48• 6l.'Qebrestations ■ • In =1 areas. rame0ye •Ith Tess ;rM 2000 ADT, rockOcoee smut° be no longer than 400 feet. Illuminates X 9. The RI -20P •YIELD, TO ONCOI[INO TRAFFIC' Sign poll be placed On o wpport at a 7 foot mInl— at night '■' PREPARED nmuht i,d height. TO STOP ar3-4 TCP (2-2b) iTemporary I 40• x 4s' 10.Cnoemlizing'Wvices on the Center line my be emitted halon 0 pilot CW Is leodtnp traffic OM ONE IAIIE - 24• stet Lina �- (Sao note,2)A mv—d by its EnptMer. flOAD > (See Note 2)A II. It toe cork so= Is tacoted new a noiixmtol w vwticoI orve, ire buffer alita c.e'0.111d to AHEAD I ilmreated to Order to mintoIn stopping sight distance to the flogger and S won d of atODDed vmtcles. C,,.,,. (:See table above). 48• X.48• ONE LANEv I V I 4 ROAD 12.1 loggws sewia use 24' STOPy5L0e poodles to -control traffic. FI°gs *mule be limited to ahergc cy. 51 tutatio s. MEND XXX FT CI20-4 I' 48' X 48' - Tmfyla. ROAD WORK Iopatauora ,620-2 0(Wsfon . 7DmsDcpprtmental7}ansportation Sr.neerd aa• x 24' I ROAD WORK END ROAD TRAFFIC CONTROL PLAN AHEAD QRZD-tD ROAD WORK WORK 48' X 43" a° -x z4- AHEAD. 40120-I,D• ONE -LANE TWO-WAY . 5 See het. fi iFlogs- TRAFFIC' CONTROL. TCP (2-20) TCP (2-2b) 5aa nota 11 2 -LANE ROADWAY WITHOUT PAVED SHOULDERS 2 -LANE ROADWAY WITHOUT PAVED SHOULDERS TCP (2-2) 1& ONE LANE TWO-WAY ONE LANE -'TWO-WAY •�• 'mai 2'a°a E petal 0,aeomr los CONTROL'WITH YIELD SIGNS CONTROL WITH FLAGGERS ,.,, ,.p; n�° 09203q 157 °Csr 1. , 2.12 (Less than 2000 ADT- See Note 9) Ht 2.18 BUT JEFFENSON ROAD WORK 8 WOR& AHEAD T o. /0204D x 48• x 48• iFlOpa- ENO b3nOtQ 1) T ROADWORK �h OAD rr7, rt o' g 48" x 24• -E %AHEWORKDvvROAD WORK END tL< 0I0 41Q C20-2 ' ti la0ah /8• % 2/' MD-STSee Juto ,148• x "r n s 31116•]12 (Sec%note 4172 t ♦ - LEGEND ® Type 3.80rr.Teede ■ If ChovlellXing Devices C']M Heavy Mork Vehicle 29 After,imtort l7W/ tTrotlar Ya4fteo t FloshIng Arran Board PortoDlc Cnonpeoele M Meeaage.SlOn 1PCUS) J6 Sign Traffic Flow _Q Flag aQ Clopper Dated r'0*d Fareula Min b■TraDl, TOW$ L■gth3 .NM 10' ll• IZ' Office OIM1rt ffee Suppea'" Ymelmn Ylhiean SDOeIN Df lTOIv.41121n1p' .Ston L=IMI Devices 5 :n` Duffer 5D Ons Ons Distances 1l• TON" TanOent 30 35' 40 - 2 Le— 60 150' 165' 180.' 30' 60' 120' 90' 205' 225' 245' 35' 70' 160' 120' 265' 295' 320' 40' 80' 240' 155' 45 50 N L -Ws 450' 495' 540' 45' 90' 1320' 195' 500' 550' 600' SO- 100' 400' 240' 550. 605' 660' S5' 110' 500' 295' 600' 660' 720' 60' 120' 600' 350' 650' 715' 780' 65' 130' 700' 410' 700' 770' 840' 70' 140' B00' 475' T50' 825' 900' . 75' 150' 900'1 540• ail if CwrvmfloMl Roods Only '.` 36• X 18' if)F Toper lengths love been rminded off. ■ ♦ Lpt •Lenh'of T°perlFTl W -Width of OffaetlFT1 S -Posted Speedtl(PH) �h ■�: ♦♦ a $ - TYPICAL USAGE �,°, ShdOov Vehicle '$ ■ ♦♦ MOBILE SHORT Slian TElal INTERMEDIATE. LONG TERM M vltn Tmk One ■ n i5ee note 61 t48 -4R . WpAi ION STATIONART TERM STATIOkM 5TATIONART g nipll intend ty ■ ^ ' X 48• _ 2 rorottnp, f10.1nTnp, �C' esotl losing Or 8 pp� tseeDn'Itphte. or aE l5ee notes 5 6 6T F ;3x124. GENERAL NOTES b ■ /� 1. Flaps atfac co to Supra Ceara Num, ed REWIRED. ■ y�:'• z. All traffic control aevlem I l miffed we REQUIRED; a 1pt itaae denotad .Se ■ m ? •-'-'�-.- Y with the Vlolmle ayeD01 aa7 be miffed Metff stated el le in the plant, ,'.mac ■ ■ ^ c a w for routine eointenercn eefx: Veen CDwoved by ted figiMw.. �a4I ♦♦ ■ s 1 N.ns s opo$ 13,00tlenel. .■en Used, it ahould be 100 feet mtnteem 17tiegth W 4. Far zwl term COPTieatlans %ben poet °W1,ted 31gns we mt d, the diatanee a `+ I I ♦ She" Vehicle with I - Itoaaa may be sllaeel an the Sign fare rather than an a LVIG-30P stoplCMtol TW wed hien tmensliY ploga. i< -v ♦ - ratattnp. tlaahinp. ■ S. A Shod- Vehicle rite o In 510u1d be'Uzed onytim It em be positloned ��$: asci Ilmtnp ar etroba. ■ CW,-6aT 30 to 100 feet In oov■fce of the ore° of. wee elaogre without adver=iy affecting S iso I Tghta. is.. to. 5 6 61 the pertoremce w "tity Or ane vwk. if t4s•kws ore no Imager Dreient tut rood t/ 16• X 36• w wank cwmitians require the traffic Control to 'Cedin tn'plox. Type 3 ,■ Bwrletmes w Other CtatrmI I"M devlees asfy ee a,natitfded fou tne.Snamw y _ vaniCie Med TMG .G Additioul Snadoe Ve"Clea with =' euy ed pasitl"iad to awn closed tm4a* iZA .lone. On the sroutar w orf tie ¢need maface, next to inose sham In crow >i I � to 1'2'noct640 a vetoer .wk apex. TCP t2 -gym 0-61R 4■ X48'CWf-4L 7. If tote TCP to used fou d left'Iane closure, Q20.511 'LEFT LANECLy smll't o Used and elan nellZhg devie S atoll be PILd7 n the eCot: 48• X 48' protect ted work Cpoce Von apposing troffTc vitt the wror board placed in the CW16-30Pis Closed lone new the elm of the I ";nes toper. x 10• x 12• ® MPH -11-lP TCP f2-401 /S o0 nolo 0. 41 I I 24• X 24• For sherter dwaftono M■r4 traffic Is directed W& a yellom eemwline. C1 aaITZtng devices which 3epwtte lea• y traffic $?Auto be ipocad on toasrs at 20' w 15' if posted speeds we 35'ean-w sloveri am fou tangent xcticns. at i,V2(5) where S is the sped in MN This tignIer devices Pacing 1s intended for LANE 'led. or -4a of toff l Toting'earkinps, not'the entim mark tom. END L e ■ CLOSED TraNfc ROAD WORK END +- twtD-STK `; Oprrauolw 620-2 ; �.I� 4IQ = ROAD ROADWORK o QIQ x 40• %a6' ,7exSa Deparenorrt of ftmpaetcGon 1.1m.11 - OF x z4 g S WORK czo-z i XXXFT 3116.1°2 Stan°ar° rv1 AHEAD 40• x z4- 307 X 12T CW20 Ir flee TRAFFIC CONTROL. PLAN 48•.X 46• note 41 _ .Ste mt. II LANE CLOSURES ON MULTILANE CONVENTIONAL ROADS TCP. (2-461 TCP (2-4b) ROAD WORK TCP (2-4) -18 AHEAD 48-x 4 See x 4e ONE LANE CLOSED TWO LANES CLOSED Seo�io'Te ,) e•ts' sc) D9zg 3e .tet. encs -- 1•ir x-17 en awe. 3 G4 4•ie 7 -la f37T JEFFERSON 8 �cr RESOLUTION NO. WHEREAS, on May 1, 2007, the City Council of the City of Beaumont passed Resolution No. 07-125 authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the total estimated contract amount of $6,710,000.00 for the Washington Boulevard Project; and, WHEREAS, on December 13, 2016, the City Council of the City of Beaumont ` passed Resolution. No. 16-253 authorizing the City Manager to execute Local l Transportation Project Advance Funding Agreement Amendment No. 1 to change the project scope to Washington Boulevard from Loma Lane east to IH -10 and to decrease the total estimated contract amount to $2,713,325.00; and, WHEREAS, on September 7, 2017, TxDOT awarded a contract to Oldcastle Materials Texas, Inc., dba Gulf Coast -an Oldcastle Company in the amount of $1,690,882.00 for the Washington Boulevard Project; and, WHEREAS, on April 20, 2018, TxDOT submitted Change Order No. 1 to make changes to the project detour plans, thereby having no effect on the total contract amount of $1,690,882.00; and, WHEREAS, on April 24, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-086, authorizing the City Manager to execute Change Order No. 2, in the amount of $160,516.80, to modify the pavement cross-section design, thereby increasing the total contract amount to $1,851,398.80; and, WHEREAS, on June 18, 2018, the City Manager executed Change Order No. 3, in the amount of $2,946.58, which included an Engineering and Contingency charge, for level up work, tabs and drainage cleanup due to unforeseeable site conditions, thereby increasing the total contract amount to $1,854,345.38; and, WHEREAS, on January 18, 2019, the City Manager executed Change Order No. 4 to modify changes to the asphalt material, said modifications having no effect on the total contract amount of $1,854,345.38; and, WHEREAS, on January 29, 2019, the City Council of .the City of Beaumont, Texas passed Resolution No. 19-023, authorizing the City Manager to execute Change Order No. 5, in the amount of $65,280.65, including an Engineering and Contingency charge, to complete additional repairs of concrete curbs requested by the City, thereby increasing the total contract amount to $1,919,626.03; and, WHEREAS, Change Order No. 6, .in the amount of $90,156.39, including an Engineering and Contingency charge, is requested to complete additional repairs of inlets and driveways requested by the City, thereby increasing the total contract amount to $2,009,782.42; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City .Manager be and he is hereby authorized to execute Change Order No. 6 for additional work described above, thereby increasing the contract amount by $90,156.39, for a total estimated contract amount of $2,009,782.42 for the Washington Boulevard Project. J The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - 9 C A 7A I I ZA 1* --J TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer •4 MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Pro Demolition, LLC. of Fresno, Texas for the demolition of twenty (20) residential structures located in Beaumont. BACKGROUND The City has red tagged residential structures located in Beaumont that are deemed in unsafe condition as defined by the. City of Beaumont's Code of Ordinances. The owners failed to make necessary repairs and the structures were presented to City Council during public hearings. All of the structures were approved for demolition by City Council or owner consent. Bids were solicited from twenty (20) vendors for the demolition of the structures and six bids were submitted. Pro Demolition, LLC provided the lowest qualified bid in the total amount of $77,700. Bid tabulation is attached. FUNDING SOURCE General Fund and CDBG Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for the demolition of the twenty (20) residential structures located in Beaumont, Texas; and, WHEREAS, Pro Demolition, LLC, of Fresno, Texas, submitted a qualified bid in the unit amounts shown on Exhibit "A," attached hereto, in the total amount of $77,700.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Pro Demolition, LLC, of Fresno, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Pro Demolition, LLC, of Fresno, Texas, for the demolition of twenty (20) residential structures located in Beaumont, Texas in the unit amounts shown on Exhibit "A," attached hereto, in the total amount of $77,700.00, 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 Pro Demolition, LLC, of Fresno, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - BEAUM©NT Bid Name: Bid Number: Bid Opening: Contact Person: CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION, BID TABULATION Demolition of Twenty (20) Residential Structures, Beaumont, Texas CF0119-21 2:OOPM Thursday, February 28, 2019 Cynthia Miller, Buyer II cynthia.millerO-beaumonttexas.aov Phone: 409-880-3757 VENDOR PRO DEMOLITION, LLC. LARK GROUP, INC. TRINITY CONTRACTORS OF TEXAS, LLC DEZTEX ENTERPRISES LLC R -R DOZER & BACKHOE, LLC. JRP DEMOLITION SERVICES CITY, STATE FAX NUMBER CONTACT FRESNO,TEXAS 281-431-6669 CHARLES COYLE WARREN, TEXAS 409-834-2002 ALLAN MURPHY PORTER, TEXAS N/A SYLVIA GONZALEZ BEAUMONT, TEXAS 409-840-9703 LANCE DESHOTEL BEAUMONT, TEXAS 409-794-1505 RAYMOND RICHARD HOUSTON, TEXAS 877-581-9591 REYNALDO PONCE ADDRESS 1147 AVENUE B, 4100.00 5000.00 6600.00 4795.00 5600.00 5500.00 3590 AVENUE B, 3300.00 4600.00 5500.00 4795.00 4300.00 3450.00 1505 AVENUE H, 2200.00 3000.00 3289.00 4795.00 2350.00 5950.00 2439 BROADWAY, 5000.00 4700.00 4400.00 4795.00 6152.00 5450.00 2430 CLEARVIEW, 4800.00 3200.00 4125.00 4795.00 3650.00 5950.00 4690 DALLAS, 5200.00 5500.00 6700.00 4795.00 6900.00 5950.00 4075 EL PASO, 4600.00 3500.00 4400.00 4795.00 6150.00 5450.00 1320 FULTON 4100.00 2750.00 4180.00 4795.00 3650.00 3950.00 1608 GLASSHOUSE, 4500.00 8500.00 6050.00 4795.00 8200.00 8950.00 1685 GOLDSBOROUGH, 5800.00 4700.00 4950.00 4795.00 6650.00 8575.00 14 MARIPOSA, 1500.00 2400.00 2200.00 4795.00 1300.00 2950.00 3149 PINE, 3400.00 3000.00 3850.00 4795.00 4600.00 3450.00 1672 POPE, 6200.00 11373.00 8558.00 4795.00 14750.00 12975.00 1440 ROBERTS, 3100.00 3600.00 3850.00 4795.00 3200.00 3675.00 755 SCHWARNER, 3100.00 2500.00 3289.00 4795.00 3200.00 2950.00 3213 SHANNON 3800.00 3900.00 4620.00 4795.00 5250.00 5450.00 5370 SUNSET, 1800.00 1600.00 2750.00 4795.00 2000.00 2950.00 1640 TERRELL, 2800.00 1800.00 3190.00 4795.00 3300.00 2950.00 1550 TRINIDAD, 4600.00 2700.00 4070.00 4795.00 5500.00 4950.00 3431 WESTMORELAND, 3800.00 3800.00 4510.00 4760.00 3950.00 4450.00 TOTAL BID $77,700.00 $82,123.00 $91,081.00 $95,865.00 $100,652.00 $105,925.00 45 BUSINESS DAYS 45 BUSINESS DAYS 40 BUSINESS DAYS 45 BUSINESS DAYS 45 BUSINESS DAYS 45 BUSINESS DAYS EXHIBIT A OR m X w 7 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with GT Distributors, Inc. of Austin for the purchase of uniforms for the Police Department. BACKGROUND Specifications required vendors to submit bids in three areas of use; standard issue police uniforms consisting of long and short sleeve shirts and pants, uniforms for use by the Cadets, and specialty uniform components used by SWAT, Patrol and other specialized police units. Bids were solicited from four vendors for an annual contract with options for two one-year renewals. Three bids were submitted. GT Distributors provided the lowest qualified bid in the total amount of $67,303.03. Bid tabulation is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of Police uniforms; and, WHEREAS, GT Distributors, Inc., of Austin, Texas, submitted a bid in the unit amounts shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, for the total amount of $69,303.03; and, WHEREAS, the City Council is of the opinion that the bid submitted by GT Distributor's, Inc., of Austin, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by GT Distributor's, Inc., of Austin, Texas, in the unit amounts shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, for an annual contract in the total amount of $69,303.03 for the purchase of Police uniforms 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 one (1) year contract with GT Distributor's, Inc., of Austin, Texas, for a total amount of $69,303.03, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. I PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019 - Mayor Becky Ames - BEAUMONT TEXAS Bid Name: Bid Number: Bid Opening: Contact Person: Phone: CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION BID TABULATION ANNUAL CONTRACT FOR POLICE UNIFORMS CF0119-19 Thursday, February 28, 2019 Cynthia Miller, Buyer II cynthia.m iller(a beaumonttexas.zov 409-880-3757 SECTION 1 -STANDARD UNIFORM GEAR Vendor City / State TND WORKWEAR CO LLC. GT DISTRIBUTORS, INC. AUSTIN, GALLS LLC BEAUMONT, TX. TEXAS LEXINGTON KY ITEM PART Unit NUMBER CITY Unit Price Extended Price Price Extended Price Unit Price Extended Price MENS LIS SHIRT, BLAUER DARK NAVY BLUE 860OZ 50 NO BID $46.99 $2,349.50 $47.50 $2,375.00 MENS S /S SHIRT BLAUER DARK NAVY BLUE 861 OZ 75 NO BID $42.59 $3,194.25 $42.50 $3,187.50 WOMENS L /S SHIRT BLAUER DARK NAVY BLUE 860OWZ 12 NO BID $46.99 $563.88 $47.50 $570.00 WOMENS S /S SHIRT BLAUER DARK NAVY BLUE 861OWZ 40 NO BID $42.59 $1,703.60 $42.50 $1,700.00 MEN'S SUPERSHIRT US BLAUER W/ZIPPER 8670 5 NO BID DARK NAVY BLUE $55.79 $278.95 $56.50 $282.50 MEN'S SUPERSHIRT SIS W/ZIPPER BLAUER NO BID DARK NAVY BLUE 8675 10 $51.94 $519.40 $51.50 $515.00 WOMENS SUPERSHIRT LS BLAUER W/ZIPPER 8670W NO BID DARK NAVY BLUE 5 $55.79 $278.95 $56.50 $282.50 WOMENS SUPERSHIRT SS W/ZIPPER BLAUER NO BID DARK NAVY BLUE 8675W 10 $51.94 $519.40 $51.50 $515.00 MENS TROUSERS BLAUER DARK NAVY BLUE 8650 125 NO BID $54.49 $6,811.25 $54.00 $6,750.00 WOMEN'S TROUSERS BLAUER DARK NAVY BLUE 8650W 40 NO BID $54.49 $2,179.60 $54.00 $2,160.00 MENS L /S SHIRT ELBECO DARK NAVY BLUE Z314 25 $51 29 $1,282.25 $48.22 $1,205.50 $45.00 $1,125.00 MENS S /S SHIRT ELBECO DARK NAVY BLUE Z3314 50 $47 04 $2,352.00 $43.95 $2,197.50 $44.00 $2,200.00 WOMENS L /S SHIRT ELBECO DARK NAW BLUE Z9314 40 $51 29 $2,051.60 $47.29 $1,891.60 $45.00 $1,800.00 WOMENS S /S SHIRT ELBECO DARK NAVY BLUE Z9814 40 $47.04 $1,861.60 $43.95 $1,756.00 $44.00 $1,760.00 MEN'S TROUSER ELBECO DARK NAVY BLUE E314 40 $48.39 $1,935.60 $45.35 $1,814.00 $44.50 $1,780.00 WOMENS TROUSER ELBECO DARK NAVY BLUE E9314 60 $48.39 $2,903.40 $45.35 $2,721.00 $44.50 $2,670.00 MENS L /S SHIRT SPIEWAK DARK NAVY SPDUI5Z-011 40 $56.74 $2,269.60 $62.91 $2,516.40 $78.00 $3,120.00 MENS S /S SHIRT SPIEWAK DARK NAVY SPDUIOZ-011 50 $53.87 $2,693.50 $58.69 $2,934.50 $68.00 $3,400.00 WOMENS L /S SHIRT SPIEWAK DARK NAVY SPDUI6Z-011 20 $56.74 $1,134.80 $62.91 $1,258.20 $78.00 $1,560.00 WOMENS S /S SHIRT SPIEWAK DARK NAVY SPDUI1Z-011 40 $53.87 $2,154.80 $58.69 $2,347.60 $68.00 $2,720.00 CARGO PERFORMANCE DUTY TROUSER, DARK NAW, SPIEWAK MEN'S AND WOMEN'S SPDU20-011 50 $61.48 $3,074.00 $67.00 $3,350.00 $78.00 $3,900.00 MIDWAY DRESS CAP, 5 STAR, ADJUSTABLE HAT SIZE BAND, DARK NAVY W/SILVER OR GOLD STRETCH BAND, 1 AND 2 HOLE, SIZES SM -XL 134 -MF 25 $54.00 $1,350.00 $54.95 $1,373.75 $50.00 $1,250.00 MIDWAY CAP COVERS, CLEAR W/VISOR 269 25 $7.00 $175.00 $7.50 $187.50 4 $6.00 $150.00 TOTAL STANDARD GEAR - SECTION 1 $25,258.15 $43,954.33 $45,772.50 EXHIBIT "A" Annual Police Uniforms: Continue next page SECTION 2 - CADET OFFICER UNIFORM Vendor City / State TND WORKWEAR CO. LLC, GT DISTRIBUTORS, INC. AUSTIN, GALLS LLC BEAUMONT, TEXAS TEXAS LEXINGTON KY ITEM PART NUMBER CITY Unit Unit Price Extended Price Price Extended Price Unit Price Extended Price MEN'S DICKIE PANT, DESERT DICKIE, KHAKI #874 10 $32.00 $320.00 $21.00 $210.00 $25.00 $250.00 WOMEN'S DICKIE PANT, DESERT DICKIE, KHAKI #774 10 .$32.001 $320.00 $21.00 $210.00 $25.00 $250.00 MEN'S DICKIE, SHIRT, SHORT DICKIE SLEEVE, DESERT KHAKI, #1574 10 $30.00 $300.00 $17.95 $179.50 $22.00 $220.00 WOMEN'S DICKIE SHIRT, SHORT SLEEVE, DESERT DICKIE, KHAKI, #1574 5 $30.00 $150.00 $17.95 $89.75 $22.00 $110.00 MEN'S DICKIE SHIRT, LONG DICKIE, SLEEVE, DESERT KHAKI #574 1Q $32.001 $320.00 $18.50 $185.00 $25.00 $250.00 WOMEN'S DICKIE SHIRT, LONG DICKIE SLEEVE, DESERT KHAKI #574 5 $32.00 $160.00 $18.50 $92.50 $25.00 $125.00 TOTAL CADET OFFICER UNIFORM -SECTION 2 $1,570.00 $966.75 $1,205.00 Annual Police Uniforms: Continue next page SECTION 3 -SPECIALTY UNIFORMS Vendor City / State TND WORKWEAR CO. LLC, GT DISTRIBUTORS, INC. AUSTIN, GALLS LLC BEAUMONT, TEXAS TEXAS LEXINGTON KY ITEM PART NUMBER QTY Unit Unit Price Extended Price Price Extended Price Unit Price Extended Price BLAUER STREETGEAR CARGO BLAUER PANT, DARK 8810X 10 NO BID NAVY $0.00 $66.74 $667.40 $69.00 $690.00 BLAUER STREETGEAR SHIRT SHORT SLEEVE, DARK NAVY, BLAUER W/EMBROIDERY OF NAME ON 8713,, 10 NO BID SHIRTS, & W/ "B.P.D." ON COLLAR AS COLLAR PINS - IN SILVER $0.00 $57.49 $574.90 $55.00 $550.00 BLAUER STREETGEAR SHIRT LONG SLEEVE, DARK NAVY, BLAUER W/EMBROIDERY OF NAME ON 8707,, 10 NO BID SHIRTS, & W/ "B.P.D." ON COLLAR AS COLLAR PINS - IN SILVER $0.00 $66.39 $663.90 $61.00 $610.00 BLAUER RAIN COAT, BLACK/ HI VIS YELLOW, W/ "POLICE" BLAUER ON BACK, BOTH SIDES IN 26990 15 NO BID REFLECTIVE. $0.00 $125.00 $1,875.00 $150.50 $2,257.50 BLAUER RAIN JACKET, BLACK/ HI VIS YELLOW, W/ "POLICE" BLAUER ON BACK, BOTH SIDES IN 26991 15 NO BID REFLECTIVE $0.00 $112.00 $1,680.00 $142.50 $2,137.50 BLAUER RAIN HOOD, BLK/HI BIS YELLOW, ER BLAUER NO BID STANDARD SIZES 123 $0.00 $12.00 $180.00 $27.50 $412.50 BLAUER RAIN PANT, BLAUER BLACK 134-1 15 NO BID $0.00 $70.39 $1,055.85 $76.50 $1,147.50 BLAUER TRAFFIC VEST, HI VIS YELLOW, ZIP FRONT, W/ "POLICE" BLAUER VERTIVALLY ON FRONT, AND W/ 343 20 NO BID "POLICE" ON BACK, HORIZONTALLY REFLECTIVE $0.00 $48.94 $978.80 $54.50 $1,090.00 BLAUER STRETCH BIKE SHORT, BLAUER DARK NAVY 8842 10 NO BID $0.00 $65.99 $659.90 $75.00 $750.00 BLAUER SUPERLIGHT PATROL SHELL, DARK NAVY, WPPOLICE" IN REFLECTIVE ON BACK, SHOULDER PATCH & FLAG BLAUER PATCH ON BOTH SHELL & LINER, 9815-60 HOOD SNAPS ON OUTER JACKET, SIZE XS-5XL 20 NO BID $0.00 $324.00 $6,480.00 $290.00 $5,800.00 BLAUER HOOD, DARK NAVY, HF XS-5XL 9815 20 NO BID $0.00 $39.50 $790.00 $29.50 $590.00 BLAUER STREETGEAR CARGO PANT, DARK BLAUER NAVY 8810X 10 NO BID $0.00 $66.74 $667.40 $69.00 $690.00 BLAUER STREETGEAR SHIRT SHORT SLEEVE, DARK NAVY, BLAUER W/EMBROIDERY OF NAME ON SHIRTS, & W/'B.P.D " ON COLLAR AS 8713,, COLLAR PINS - IN SILVER 10 NO BIDI $0.00 $57.49 $574.90 $55.00 $550.00 BLAUER STREETGEAR SHIRT SHORT SLEEVE, DARK NAW, BLAUER W/EMBROIDERY OF NAME ON 8707"' SHIRTS, & W/ "B.P.D." ON COLLAR AS COLLAR PINS - IN SILVER 10 NO BID $0.00 $66.39 $663.90 $61.00 $610.00 Annual Police Uniforms: Continue next page SECTION 3 - SPECIALTY UNIFORMS Vendor TND WORKWEAR CO. LLC, GT DISTRIBUTORS, INC. AUSTIN, GALLS LLC City / State BEAUMONT, TEXAS TEXAS LEXINGTON KY ITEM PART NUMBER QTY Unit Price Extended Price Unit Extended Price Unit Price Extended Price Price BLAUER RAIN COAT, BLACK/ HI VIS YELLOW, W/ "POLICE" BLAUER ON BACK, BOTH SIDES IN 26990 REFLECTIVE. 15 NO BID $0.00 $125.00 $1,875.00 $150.50 $2,257.50 BLAUER RAIN JACKET, BLAUER BLACK/ HI VIS YELLOW, W/ "POLICE" 26991 15 NO BID ON $0.00 $112.00 $1,680.00 $142.50 $2,137.50 BLAUER BICYCLE PANT, BLAUER DARK NAVY 8822Z 10 NO BID $0.00 $84.50 $845.00 $88.50 $885.00 ELBECO UFX TM PERFORMANCE POLO SHIRT, SHORT SLEEVE, DARK NAVY, W/ B.P.D. ELBECO STITCHED ON COLLAR AS COLLOAR 10 NO BID PINS - IN SILVER, "POLICE" ON BACK, 5731,„ REFLECTIVE, & REFLECTIVE BANDS ON SLEEVES $0.00 $47.00 $470.00 $72.00 $720.00 TOTAL SPECIALTY UNIFORMS -SECTION 3 $0.00 $22,381.95 $23,885.00 " REQUIRED EMBROIDERY OF NAME ON BLAUER STREETGEAR SHIRTS, WITH "B.P.D." ON COLLAR AS COLLAR PINS - IN SILVER. •'* REQUIRED ***EMBROIDERY OF "B.P.D." ON COLLAR AS COLLAR PINS - IN SILVER. E BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution accepting payment in the amount of $3,549.88 for multiple weed liens and waiving interest in the amount of $11,542.63. BACKGROUND In the years of 1977 through 1991, thirty-six (3 6) weed liens were attached to property legally described as Lot 5, Block 21, West Oakland Addition (3995 Ethel). The principal amount due is $3,549.88 and total interest accrued since the filing of said liens is $11,542.63, for a total amount of $15,092.51. Pleasant Green Missionary Baptist Church is requesting the waiver for the interest. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, thirty-six (36) weed liens, dated between the years 1977 and 1991, in the amount of $15,092.51, represented by $3,549.88 in principal and $11,542.63 in interest exist against property described as 3995 Ethel Street, Lot 5, Block 21, of the West Oakland Addition; and, WHEREAS, Pleasant Green Missionary Baptist Church is offering to compromise and settle the amount of the pay off of the liens for the amount of $3,549.88, for property described as 3995 Ethel Street, Lot 5, Block 21, of the West Oakland Addition; and, WHEREAS, the City recommends approving payment in the amount of $3,549.88, being $3,549.88 in principal, for the pay off of weed liens on property described as 3995 Ethel Street, Lot 5, Block 21, of the West Oakland Addition, waiving interest in the amount of $11,542.63 is in the best interest of the City of Beaumont; 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 lien payoff for 3995 Ethel Street, Lot 5, Block 21., of the West Oakland Addition be and it is hereby approved in the amount of $3,549.88, being $3,549.88 in principal and interest be and it is hereby waived in the amount of $11,542.63; and; BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed liens in the amount of $15,092.51 for the above described property in return for the payment of $3,549.88 in principal. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution authorizing the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes. BACKGROUND The Jefferson County Mosquito Control District is requesting that the City of Beaumont grant authority for them to operate their aircraft at a low altitude over the City of Beaumont for mosquito control purposes. The Jefferson County Mosquito Control District operates their aircraft in accordance with all federal and state rules and regulations governing this type of application. The Jefferson County Mosquito Control District makes this request on an annual basis. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director 8905 First Street ) / Beaumont, Texas 77705 Phone: (409) 719-5940 ! Fax: (409) 727-4176 ksexton@co.iefferson.tx.us January 7, 2019 Mayor's Office City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Dear Mayor: Advisory Commission: Dr. M. 0. Way, Chairman Denise Wheeler, Secretary George Mitchell Matt Vincent Paul Jones Reginald Boykins Sr. Each year the Jefferson County Mosquito Control District requests the governing bodies of the different communities in Jefferson County to furnish a waiver permitting the Mosquito Control aircraft to fly at low altitudes over the territory under their jurisdiction. It is respectfully requested that the City Council sign the enclosed waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft over the City of Beaumont for mosquito control purposes. Federal Regulations places the responsibility of maintaining all records and complying with all rules and regulations upon the operator of the aircraft. This file is open at all times for inspection. We furthermore request that you please mail or fax the signed copy of the waiver to the number listed above. If at any time you may have any questions, please contact our office for assistance. Respectfully yours, Bryan Farrar, Pilot Cc: County Judge Jeff Branick, Jefferson County Commissioner Eddie Arnold, Precinct 1 Commissioner Brent Weaver, Precinct 2 Commissioner Michael Sinegal, Precinct 3 Commissioner Everett Alfred, Precinct 4 Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director ` I 8905 First Street Beaumont, Texas 77705 Phone: (409) 719-5940 Fax: (409) 727-4176 ksexton@co.iefferson.tx.us January 7, 2019 AERIAL WAIVER Mayor's Office City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Advisory Commission: Dr. M.O. Way, Chairman Denise Wheeler, Secretary George Mitchell Matt Vincent Paul Jones Reginald Boykins Sr. The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Beaumont, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulations governing this type of application. Signature: Mayor's Office, City of Beaumont, Texas Date: Bryan Farrar, Pilot Jefferson County Mosquito Control District BF/dw 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor is hereby authorized to execute a document furnishing an aerial waiver to the Jefferson County Mosquito Control District for the purpose of allowing their aircraft to fly at low altitudes over the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 6.5 MEETING DATE: March 19th, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with Texas DPS agreeing to guidelines for use of mutual -aid radio channels. BACKGROUND This MOU authorizes the use of state -licensed frequencies for the purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en -route travel or on -incident communications in accordance with an Incident Communications Plan. This MOU is part of an effort by the State of Texas to push for interoperability of radio systems across the State of Texas. 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 a Memorandum of Understanding between the City of Beaumont and the Texas Department of Public Safety Department establishing permissions and guidelines for use of interoperability or mutual aid radio channels between emergency response agencies and resources. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - MEMORANDUM OF UNDERSTANDING Texas Statewide Interoperability Channel Plan (TSICP) (Original issue, April 1, 2005) Texas Department of Public Safety and the identified Federal Agency, State Agency, Local Jurisdiction, or Emergency Service Organization Purpose This Memorandum of Understanding (MOU) establishes permissions and guidelines for use of interoperability or mutual aid radio channels by: • Local .government jurisdictions and their associated emergency response agencies; • State agencies in Texas and their associated emergency response organizations; • Federal agency local units in Texas and their associated emergency response organizations, • Local agency units in Texas and their. associated emergency response organizations to use designated Federal interoperability channels, and; • Private sector emergency response organizations licensed or otherwise entitled to operate in the Public Safety Pool as defined in Federal Communication Commission (FCC) Rules, Part 90 (47CFR, subpart B, paragraphs 90.15-90.20). It imposes certain protocols, procedures, and obligations upon jurisdictions hereby authorized to use state -licensed radio channels held by the Texas Department of Public Safety (TxDPS). This agreement supersedes any other previous versions of the MOU. Authority Execution of this agreement by state and local entities is authorized by Texas Government Code, Chapter 791 (local governments), Chapter 771 (state agencies), and Texas Government Code Chapter 421.096 (Interoperability of Radio Systems). This MOU satisfies FCC Part 90 rules for extending license privileges to others by agreement. Federal agencies are permitted access to interoperability channels as authorized by the National Communications & Information Administration (NTIA) Manual, 47 CFR, Parts 2.102(c), 2.103; and 7.12. Federal agencies may execute this MOU and shall adhere to the attached guidelines. EXHIBIT "A" Applicability This MOU authorizes the use of certain radio frequencies by emergency response organizations as defined by the U.S. Department of Homeland Security's Office of Emergency Communications and the Texas Division of Emergency Management. Generally, this includes organizations in the following governmental disciplines: Emergency Management Law Enforcement Fire Service Emergency Medical Services Public Works / Transportation Public Safety Communications Public Health Health Care Hazardous Materials Governmental Administration This MOU authorizes use of state -licensed frequencies for the purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en route travel, or on -incident communications in accordance with ,an Incident Communications Plan. Background The 77th Legislature, in an effort to provide for effective emergency radio communications by state agencies, called for an Interagency Radio Work Group (IRWG) to develop a state agency communications network. That group developed a preliminary plan that was accepted by the state IRWG and the Sheriffs' Association of Texas on March 27, 2001. Subsequently, the IRWG determined that the state agency communications network should be expanded to include all public safety agencies in the state. This was accomplished by IRWG's development of the IRCIP of January, 2003. In response to an FCC requirement for establishment of state / regional advisory, committees, the Texas Interoperable Communications Coalition (TACC) and the Texas Statewide Interoperable Communications Plan Executive Committee (SEC) were formally established as advisory committees to TxDPS. The Texas Statewide Interoperability Channel Plan (TSICP), developed by the TACC and included in this MOU, provides essential guidance for interoperable radio communications using VHF, UHF, 700 MHz, 800 MHz, and mobile satellite radio equipment for interagency coordination, en route travel, or on -incident communications. Understandings TxDPS will: • Manage and maintain proper licenses for the use of the interoperability frequencies identified herein; • Manage and maintain an accurate database of federal and state agencies and local government jurisdictions that have accepted and signed this MOU,. and; • Issue updates and revisions to the TSICP contained herein, upon request by the TACC and the Director of the TxDPS. Jurisdiction will: • Participate in regional communications planning (generally arranged by a regional Council of Governments) that provides for regional radio communications interoperability. • Manage use of the interoperability frequencies by its employees, ensuring compliance with,the TSICP and federal / state / local laws, ordinances, and rules. • Use the interoperability frequencies authorized hereby for their intended purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en route travel, or at the scene of an incident. • Use the interoperability frequencies for operational and en route communications in accordance with local and regional policies and procedures. • Use the interoperability frequencies for on -incident communications in accordance with the Incident Communications Plan established by the on -scene Incident Commander. • Prioritize use of the interoperability frequencies: 1. Emergency or urgent operation involving imminent danger to life or property; 2. Disaster or extreme emergency operation requiring extensive interoperability and inter -agency communications; 3. Special event, generally of a pre -planned nature; 4. Joint training exercises, and 5. Inter -agency and en route communications. • Implement radio communications procedures consistent with the National Incident Management System (NIMS) and Incident Command System (ICS) including: o Use "plain language" without 10 -codes or agency -specific codes/jargon; o Use the calling protocol: "Agency -Unit #, this is Agency -Unit #", rather than "Unit # to Unit #". Examples: 'Bryan EMS 1605, this is Tyler Fire 2102" or 'Incident Command, this is DPS 505" • Ensure that mobile, portable, and temporary base radios intended for use by agency leadership (officers) are configured with the appropriate in -band interoperability frequencies as found in the TSICP. This means that, as a minimum, the interoperable frequencies would be added to the day-to-day frequencies used by that entity. • Ensure that interoperability calling channels are monitored at the Incident Command Post on major incidents requiring significant aid from agencies beyond routine local interoperability. Monitoring shall include one or more of the following: CALLING CHANNEL NAME,„ =' VCALL10 Analog VHF Calling Channel UCALL40 Analog UHF Calling Channel 7CALL50 Digital P25 700 MHz Calling Channel 8CALL90 Analog National Calling Channel Incident Command Post monitoring may be implemented using cross -band repeaters, communications operator console patching, or VHF/UHF/700/800 MHz fixed or mobile gateway. It is suggested that the band -relevant interoperable call channel listed above be included in the `home zone' used for day-to-day operations. This will enable radio users to easily turn to the interoperable channel on their mobile or portable radio when needed. The parties mutually agree: Jurisdiction and TxDPS agree that. their mutual interests will be furthered by continued coordination between the jurisdiction and the Office of the Texas Statewide Interoperability Coordinator (SWIC). Jurisdiction and TxDPS agree that this Memorandum of Understanding may be cancelled at any time, by written notice to the other party, or by subsequent agreements. Only one MOU per Jurisdiction or Governing Body is required to cover the departments and/or sub -agencies of each jurisdiction, as long as each department or sub -agency is listed on an accompanying attachment. The attached .TSICP (Original Issue March 25, 2005) is incorporated into this MOU in its entirety. The TSICP may be revised by TSICP Strategic Advisory Group (SAG) and TxDPS as needed, and revisions will be provided to Jurisdictions by TxDPS. Should Jurisdiction elect to withdraw from this MOU because of TSICP revisions, notice shall be given by mail to: Texas Department of Public Safety Public Safety Communications Service 5805 N. Lamar Boulevard Austin, TX 78752 Agreement This Memorandum of Understanding was agreed to day of , Please complete, sign, scan, and then email THIS PAGE ONLY as attached file to txswic cDdps. texas. qov. WHO SHOULD EXECUTE THIS AGREEMENT., Each jurisdiction must individually sign this agreement. • An authorized representative of a City may sign for all public safety agencies in that city. • A County may sign for volunteer fire departments (VFD) if the VFD is recognized in the county emergency management plan; however, • A County CANNOT sign for all cities or other public safety agencies in the county that are not a part of county government since they are separate legal entities. • A Council of Governments (COG) CANNOT sign for all jurisdictions within the COG. Compliance with this TSICP and the SCIP are required to receive grant funds for communications equipment. Agencies and programmers should verify the latest version of these documents are being referenced; they can be found at httpsJ/www. dps. texas. qov/LawEnforcementSuaporticommunicationslinteroolindex. htm FOR JURISDICTION Jurisdiction Name: Authorized Signature: Print Name: Title: Jurisdiction Address: County: Phone: e-mail: Indicate the NUMBER of mobile, portable, temporary base, and/or mobile relay radios to be operated under TxDPS licenses or MSAT Authorization. For Federal Entity Interop and 700 Air - to -Ground channels, please mark the appropriate box with a checkmark or "X" if these channels are programmed or if programming is planned for the future. (This information is required by TxDPS as a condition of its licenses from the FCC.) TEXAS DEPARTMENT OF PUBLIC SAFETY AUTHORIZED SIGNATURE Signature: Mobile.,- Portable Temporary. Federal -`r 1, :Base- Entity Interop ; Mobile Rela „ r .Channels: 700 Air -to- , Ground Channels.. 150 MHz N/A 450 MHz N/A 700 MHz N/A 800 MHz NPSPAC N/A N/A Mobile Satellite (MSAT) N/A N/A (This information is required by TxDPS as a condition of its licenses from the FCC.) TEXAS DEPARTMENT OF PUBLIC SAFETY AUTHORIZED SIGNATURE Signature: Todd M. Early, Assistant, Chief, Law Enforcement Support Division Texas DPS Public Safety Communications Service, 5805 N. Lamar Boulevard, Austin, TX 78752 Phone: (512) 424-2121 Fax: (512) 424-2899 Todd. Early@dps.texas.gov Background Note to Users of the Texas Statewide Interoperability Channel Plan Nationwide, public safety communications is in a period of great change driven by FCC regulatory changes, new technology, and federal grant funding requirements. Specifically: The Texas Interoperable Communications Coalition (TACC) anticipates that all federal grants will soon require that grant funds be spent only for P25 -compliant digital -capable equipment and advises all jurisdictions to purchase P25 -compliant equipment. Hurricane Katrina re-emphasized the need for common mutual aid/interoperability channels in public safety radios. Also highlighted was the need for all public safety radio users to have common labels for these channels. In response to the U.S. Congress and to U.S. Department of Homeland Security, a national ANSI standard has been established for use in all jurisdictions within the United States. http://www. npstc.ora/download. jsp?tableld=37&column=217&id=17&file=11042- 2017 CommonChannelNamingDocument. pdf . These names are reflected in this document. • This Channel Plan is consistent with current regulatory requirements, technical standards, and grant guidelines as they are understood at the time of issue. BEAUMONT H TO: City Council ` FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Parkdale Anchor M, LLC has agreed to convey a ten foot (10') wide exclusive Water Line Easement described as being a 0.1426 acre tract out of and Part of Lot 5, Block 1 Parkdale Mall Addition situated in the Frederick Bigner Survey, Abstract No. 1. The water line easement is for the new Dick's Sporting Goods, Home Goods and 5 Below replacing Macy's Department Store located at 6155 Easetex Freeway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. ' WHEREAS, Parkdale Anchor M, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.1426 acre tract out of and part of Lot 5, Block 1, Parkdale Mall Addition situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County., Texas as described and shown in Exhibit 1," attached hereto, to the City of Beaumont for new Dick's Sporting Goods, Home Goods and 5 Below retail stores located at 6155 Eastex Freeway; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same 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 one (1) sten foot (10') wide exclusive water line easement conveyed by Parkdale Anchor M, LLC, being a 0.1426 acre tract out of and part of Lot 5, Block 1, Parkdale Mall Addition situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, PARKDALE ANCHOR M, LLC, a Texas limited liability company, hereinafter called "Grantor", whether one or more, for and in consideration of the sum of ONE AND NO/100ths DOLLAR ($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, P.O. Box 3827, Beaumont, Texas 77704 hereinafter called "Grantee", the receipt and sufficiency of which consideration are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents shall GRANT, SELL and CONVEY unto Grantee, its successors and assigns, an Exclusive Water Line Easement (the "Easement") located under, over, in and across those certain tract of land owned by Grantor situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached hereto and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and it is expressly understood and agreed that CITY OF BEAUMONT shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee's use of the Easement Area and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to use and enjoy the surface of the Easement Area for all purposes EXHIBIT "1" that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, that no permanent buildings may be placed on the Easement Area. Notwithstanding the forgoing, Grantee shall not be responsible for 'the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement Area granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right of way unto the said CITY OF BEAUMONT, it successors and assigns, forever, by, though, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this GRANTOR: PARKDALL ANCHOR M, LLC a Texas limited liability company day of M&A, 2019. By: CBL & Associates Limited Partnership its sole member By: CBL Holdings I, Inc., its sole general partner By: N Jeffery V. Curry it e: Chief Legal Officer 1�i- GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager ATTES Q Name: Audra Christine Scott Title: Assistant Secretary ACKNOWLEDGMENTS STATE OF TENNESSEE COUNTY OF HAMILTON This instrument was acknowledged before me on this day of Wd , 2019, by Jeffery V. Curry, Chief Legal Officer of CBL Holdings I, Inc., the sole general partner of CBL & Associates Limited Partnership, the sole member of PARKDALE ANCHOR M, LLC, a Texas limited liability company, on behalf of said limited liability partners�WP--\ - A I Name: Notary STATE OF TEXAS COUNTY OF JEFFERSON SCO;, i' STATE T S OF TENNESSEE; y NOTARY ,y •. PUBLIC,•°� "file ON'C This instrument was acknowledged before me on this day of , 2019, by Kyle Hammes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 10 Feet Wide Water Line Easement Containing 0.1426 Acres Out of and Part.of Lot 5, Block 1 Parkdale Mall Addition Volume 14, Pages 245 and 246, Map Records Frederick Bigner Survey, Abstract No. 1 Beaumont, Jefferson County, Texas BEING a 10 feet wide water line easement containing 0.1426 acres situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of Lot 5, Block 1 of Parkdale Mall Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Pages 245 and 246, Map Records, Jefferson County, Texas, said 0.1426 acre easement being more particularly described as follows: NOTE: All bearings are referenced to the Northeasterly line of Lot 4, Block I of Parkdale Mall Addition as SOUTH 32°00'00"EAST as recorded in Clerk's File No. 2007006814, Official Public Records ofReal Property, Jefferson County, Texas. COMMENCING at a 5/8" iron rod with a cap stamped "Wortech" found for the most Northerly corner of Lot 4, Block 1 and the most Easterly corner of Lot 2, Block 1 of Parkdale Mall Addition, according to the amended plat thereof recorded in Clerk's File No. 2007006814, Official Public Records of Real Property, Jefferson County, Texas and being in the Southwesterly line of the said Lot 5 and from said corner the most Southeasterly corner of the said Lot.4 and an exterior ell corner of the said Lot 5 bears SOUTH 32°00'00" EAST a distance of 810.73 feet; THENCE SOUTH 51055'55" EAST, over and across -the said Lot 5, for a distance of 198.40 feet to the most Northwesterly corner and POINT OF BEGINNING of the easement herein described; THENCE NORTH 86002'03" EAST, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 03°57'57" EAST, for a distance of 52.84 feet to apoint for corner; THENCE SOUTH 32052'10" EAST, for a distance of 222.31 feet to a point for corner; THENCE NORTH 57025'l 8 " EAST, for a distance of 216.54 feet to a point for corner; THENCE SOUTH 81008'06" EAST, for a distance of 27.28 feet to a point for corner; THENCE SOUTH 75°35'10" EAST, for a distance of 40.93 feet to a point for corner; THENCE NORTH 59055'17" EAST, for a distance of 24.04 feet to a point for corner; EXHIBIT "A" Page I of 2 MARK W. WHITELEY & ASSOMTFS 77r THENCE SOUTH 30004'43" EAST, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 59055'l T' WEST, for a distance of 28.13 feet to a point for corner; THENCE NORTH 75°35'10" WEST, for a distance of 44.54 feet to a point for coiner; THENCE NORTH. 81 008'06" WEST, for a distance of 23.01 feet to a point for corner; THENCE SOUTH 57025'18" WEST, for a distance of 12.72 feet to a point for corner-, THENCE SOUTH 33018'08" EAST, for a distance of 24.78 feet.to a point for coiner; THENCE SOUTH 56041'52" WEST, for a distance of 10.00 feet to a point for comer; THENCE NORTH 33018'08" WEST, for a distance of 24.91 feet to a point for corner; THENCE SOUTH 57°25'18" WEST, for a distance of 199.99 feet to a point for corner, THENCE NORTH 32°52'10" WEST, for a distance of 234.83 feet to a point for corner; THENCE NORTH 03057'57" WEST, for a distance of 55.42 feet to the POINT OF BEGINNING and containing 0.1426 Acres, more or less. Surveyed on February 13, 2019. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). Thomas S. Rowe, RPLS No. 5728 TBPLS Firm No.: 10106700 W:12018\18-1642\18-1642m&b.dooz EXHIBIT "A" Page.2 of 2 MARK W 1VMTELEY & ASSOCIATES. INC L7 I N8 02'03"E 110.00' L2 I S03'57'57"E 52,84' L3 S32'52'10"E 222.31' L4 N57'25'18"E 216.54' L5 S81'08'06"E 27.28' 0 S59' 10. SLE MALL ADDITION BLOCK 1 14, PG. 245 & 246 MRJC LINE BEARING DISTANCE L10 N7535'10'W 44.54' L11 N81'08'06"W 23.01' L12 557'25'18"W 12.72' L13 S33'18'08"E 24.78' L14 S56'41'52"W 10.00' L15 N33'18'08"W 24.91' L16 S57'25'1 8"W 199.99' L17 N32'52'10'W 234.83' L18 NOT57'57"W 55.42' POB J LOT 9 10' WATER LINE EASEMENT 0.1426 ACRES LOT 5 1 b.00' L3 - E <r g5� 95 L17 FND SCRIBED X' IN CONC. FND S32'00'00"E 810.73' (CALL S32'00'00"E 810.39') POC REFERENCE BEARING PER CF NO. 2007006814, OPRJC FND 5/8" I. ROD W/ CAP STAMPED "WORTECH" LOT 4 10 FEET WIDE WATER AMENDED PLAT LINE. EASEMENT y PARKDALBEMALL �OCK 1ADDITION OUT OF AND. PART OF ° 2 CF. NO. 2007006814 EXHIBIT "B° PARKDALE MALL ADDITION �a� o MRJC REFER TO EXHIBIT "A" VOL. 1.4, PGS. 246 & 246 00. FOR LEGAL DESCRIPTION MAP` RECORDS so; TO THE OWNERS OF THE PREMISES SURVEYED JEFFERSON COUNTY, TEXAS AS OF THE DATE OF THE SURVEY: MII:BER—IdcCOY INC. 0�� 60,E I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY ox srt coo Scam sHEEr Nu.: MADE ON THE SURFACE- OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Acro zot6 1 "=1 0''1 1 of 1 LOT 2 HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME JOB ND. FlLH: W; 2 18=1642 " REV:. OF THE SURVEY. 18-1642 18-164ZIXHIBIL'DWG O +MARKW: WHITELEY DATE. SURVEYED:FEBRUARY 13. 2019 ND ASSOCIATES INCORPORATEDLTING ENGINEERS,YORS, AND PLANNERS S. FIRM NO. 10706700 FND "PK" P.& o. Ea swe naso sisimrmwr. NAIL (?AV 400-ee2-IM, TW WAR c Pf ;racn PR[1GCCCIf1AInl I Akin CI'IMICV60 KL, R'71)fl NOTE: L8 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING J OWNERSHIP OR TITLE. > 2. THE WORD CERTIFY IS UNDERSTOOD TO L10 BE AN EXPRESSION OF PROFESSIONAL r L11 JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, _ L13 INFORMATION AND BELIEF, FORMED IN THE �--L14 COURSE OF HIS PERFORMING THE SURVEY 5 IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. POB J LOT 9 10' WATER LINE EASEMENT 0.1426 ACRES LOT 5 1 b.00' L3 - E <r g5� 95 L17 FND SCRIBED X' IN CONC. FND S32'00'00"E 810.73' (CALL S32'00'00"E 810.39') POC REFERENCE BEARING PER CF NO. 2007006814, OPRJC FND 5/8" I. ROD W/ CAP STAMPED "WORTECH" LOT 4 10 FEET WIDE WATER AMENDED PLAT LINE. EASEMENT y PARKDALBEMALL �OCK 1ADDITION OUT OF AND. PART OF ° 2 CF. NO. 2007006814 EXHIBIT "B° PARKDALE MALL ADDITION �a� o MRJC REFER TO EXHIBIT "A" VOL. 1.4, PGS. 246 & 246 00. FOR LEGAL DESCRIPTION MAP` RECORDS so; TO THE OWNERS OF THE PREMISES SURVEYED JEFFERSON COUNTY, TEXAS AS OF THE DATE OF THE SURVEY: MII:BER—IdcCOY INC. 0�� 60,E I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY ox srt coo Scam sHEEr Nu.: MADE ON THE SURFACE- OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Acro zot6 1 "=1 0''1 1 of 1 LOT 2 HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME JOB ND. FlLH: W; 2 18=1642 " REV:. OF THE SURVEY. 18-1642 18-164ZIXHIBIL'DWG O +MARKW: WHITELEY DATE. SURVEYED:FEBRUARY 13. 2019 ND ASSOCIATES INCORPORATEDLTING ENGINEERS,YORS, AND PLANNERS S. FIRM NO. 10706700 FND "PK" P.& o. Ea swe naso sisimrmwr. NAIL (?AV 400-ee2-IM, TW WAR c Pf ;racn PR[1GCCCIf1AInl I Akin CI'IMICV60 KL, R'71)fl � e�c + E uipment� , moaica tvomers �6155 EaAex Freeway by Tire Center l CBVender! :Bbbt City._ Toys'R" 11s. ' h, Prosperity Bank' �Y1-� =�., d Popeyes P 81 zn, �_, Louisiana:Kiichen: I LongEiorn Sieakhouse °Camp Sea'r's Y Sears Autd'—be nier y ` --JCPenney Burger. -King Precious Times. t �as�? Y " _._ y _ 'Chick-fii-A, David's Bridal Chase.Bank ( Parkdale Mall.?8' Zumiez Raising Cane's yJourneys - Al Cfifcken Fingers Verscina Taco_ ,Bell Shoe Envy 6155 Easiex Freeway T-Mabi �-.. "± Carlo's Corta Italiano., Znd &Charles, ., . L A..Cantina-Mexican Grill-, Di lard's r\uddruckers i'. bra} p Be: Petco 0 r i Buffalo! id Wings. Regal Cinemas'Star'12, '�� i-�-,-_ tir - 4dom Rd Office Depot on Lo an's Roadhouse- j - - o� & re e AT T Sto , p Barnes & No6ie r _ &I i ® O - n g, Wells Fargo Bank. _ aCery, els( y � `M'cha �j Dowfen�d aos_8 i Dowlen Rd D. i Raising Cane's _a ;i " Chicken Fingers R Ch1na:Slar Goodwill Redeemer Lu l TEXAS 1 TO: City Council FROM: Kyle Hayes, City Manager t PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his designee, to execute all documents necessary, for an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). BACKGROUND The Bureau of Alcohol, Tobacco, Firearms and Explosives operates a program entitled the National Integrated Ballistic Identification Network (NIBIN). The network is part of an investigative approach to reduce gun violence and improve crime gun intelligence. The main objective is to link firearm related crimes by matching cartridge cases fired from the same firearm. Data is captured using an IBIS BRASSTRAX acquisition system, which uses sophisticated. technology to digitally capture markings found on cartridge cases and compare images of ballistic evidence. This agreement creates and defines a partnership that allows for. the installation, operation and administration of a NIBIN system at the Beaumont Police Department. FUNDING SOURCE Not applicable RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the purpose of reducing gun violence and improving crime gun intelligence relating to the operation of the National Integrated Ballistic Identification Network (NIBIN). Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - 1 MEMORANDUM OF UNDERSTANDING Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beaumont Police Department Regarding the National Integrated Ballistic Information Network This Memorandum of Understanding (MOU) is entered into by the U.S. Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Beaumont Police Department, hereinafter collectively referred to as "the parties," and the Beaumont Police Department, referred to as the "NIBIN Partner." This MOU establishes and defines a partnership between the parties that will result in an ATF National Integrated Ballistic Information Network (NIBIN) system installation, operation, and administration for the collection, timely analysis, and dissemination of crime gun data to enhance the efforts of law enforcement to integrate resources to reduce firearms violence, identify shooters, and refer them for prosecution. AUTHORITY This MOU is established pursuant to the authority of the participants to engage in activities related to the investigation and suppression of violent crimes involving firearms. ATF's authorities are set forth in Title 28, Code of Federal Regulations, sections 0.130-0.131, and include the power to investigate violations of the Gun Control Act of 1968 (as amended), Title 18, United States Code, Chapter 44. BACKGROUND The ATF NIB INgProgram uses sophisticated technology to compare images of ballistic evidence. It is part of an integrated investigative approach to reduce firearms violence and improve crime gun intelligence. Through aggressive targeting, investigation, and prosecution of shooters and their sources of crime guns, Federal, State, tribal, and local law enforcement agencies work in concert to combat firearms -related violence. SCOPE Participation in this program is -expressly restricted to the sharing of ballistic imaging of Firearms data associated with crimes recovered by any law enforcement agency in the United States and international law enforcement partners who have entered into agreements with ATF to share ballistic data. ATF may work with our international law enforcement partners: to search their networks in an effort to identify a crime gun in their database against a crime -gun in ATF's NIBIN network. NIBIN systems are to be used to image of ballistic evidence and test fires of firearms illegally possessed, used in a crime, or suspected by law enforcement officials of having been used in a crime. Ballistics information and/or evidence from firearms taken into law enforcement custody through a gun buyback program, property damage crimes involving firearms, found or abandoned firearms, and domestic disturbances are also permitted to be entered in the NIBIN system. Page I of 10 EXHIBIT "A" An ATF -owned NIBIN unit will not be used to capture, share, or store ballistic images acquired at the point of manufacture, importation, or sale of a firearm, or images of law enforcement -issued firearms not associated with crimes. The NIBIN system does not store information related to firearms owners or registration. APPLICABLE LAWNS The applicable statutes, regulations, directives, and procedures of the United States, DOJ, and ATF shall govern this MOU and all documents and actions pursuant to it. Nothing in this MOU will prevail over any Federal law, regulation, or other Federal rule recognized by ATF. Notwithstanding the foregoing, nothing in this agreement will be construed as a waiver of sovereign immunity in excess of or beyond that which is authorized by the law of the NIBIN Partner's jurisdiction. This MOU is not a funding document. All specific actions agreed to herein shall be subject to funding and administrative or legislative approvals. MODIFICATIONS AND TERMINATIONS This MOU shall not affect any pre-existing or independent relationships or obligations between the parties. If any provision of this MOU is determined to be invalid or unenforceable, the remaining provisions shall remain in force and unaffected to the fullest extent permitted by law and regulation. Except as provided herein, this MOU may be modified or amended only by written mutual agreement of the parties. Either party may terminate this MOU by providing written notice to the other party. The termination shall be effective upon the thirtieth calendar day following provision of notice, unless an alternative date is agreed upon. If either party terminates this MOU, ATF will retain its interest in the electronically stored information contained in the database and any ATF -deployed NIBIN system. ATF agrees to provide to the NIBIN Partner an electronic copy of the data collected by the NIBIN Partner, subject to Federal law and regulation. LIABILITY The NIBIN Partner hereby agrees to assume full and sole liability for any damage, injury, or harm of any sort caused by the operation and use of any NIBIN system or related to the use and interpretation of any information contained in, processed by, or extracted from any database subject to this agreement and the protocols and procedures of the NIBIN Program, to the extent allowed by law. The rights and obligations set out in this MOU run between -the signatories. Nothing in this MOU is intended to create any substantive or procedural rights, privileges, or benefits enforceable in any administrative, civil, or criminal matter by any prospective or actual third -parties. Page 2 of 10 ATF -DEPLOYED SYSTEM INSTALLATION The NIBIN Partner hereby agrees and acknowledges that all ATF -deployed NIBIN systems shall remain the property of ATF and the U.S. Government. ATF agrees to provide, install, and maintain all ATF -deployed NIBIN systems for use by the NIBIN Partner and any other law enforcement agencies served by or in partnership with the NIBIN Partner. Should the installation of the NIBIN system require physical construction at the site, the NIBIN Partner will be responsible for such construction and any associated costs. If a system is to be moved to allow additional access outside of a laboratory, ATF will work with the NIBIN Partner to ensure the appropriate protocols are put into place to ensure the integrity of crime gun evidence along with maximum use of the equipment. ATF -DEPLOYED SYSTEM MAINTENANCE ATF will maintain all ATF -deployed NIBIN systems furnished to the NIBIN Partner and repair or replace inoperable or outdated systems in an expeditious manner, subject to availability and funding. However, maintenance and repairs required as the result of unauthorized movement, alteration, damage, or destruction will not be assumed by ATF. At all times, the NIBIN Partner agrees not to make or cause to be made any repairs, alterations, movements, additions, improvements, or replacements to the NIBIN systems not expressly authorized in writing by ATF in advance, and further agrees to exercise due care in every respect to prevent system movement, damage, destruction, or misuse. ATF -DEPLOYED SYSTEM USAGE Because the NIBIN Program focuses on the reduction of firearms -related violent crimes, the NIBIN Partner shall enter all eligible ballistic evidence recovered from crime scenes as soon as possible. In addition, the NIBIN Partner shall enter into NIBIN test -fire cartridge casings from eligible firearms taken into law enforcement custody in a timely manner. All NIBIN Partner -owned NIBIN equipment will be held to same standards as ATF -deployed systems. NIBIN Partners may not charge other law enforcement agencies for the entry of.evidenee into ATF -owned or ATF -maintained automated ballistics technology used in the NIBIN Program. ATF -DEPLOYED SYSTEM REMOVAL ATF retains the right to remove a NIBIN system upon: (1) a determination that the equipment is neglected or misused; (2) a determination that the equipment is not used effectively to combat violent crime; (3) failure to comply with any obligations or requirements set forth in this MOU; (4) receipt of written notification of the termination of the participation of the NIBIN Partner in the NIBIN Program; (5) the cancellation of this MOU by ATF; or,(6) termination of the NIBIN Program by ATF. If ATF intends to remove a NIBIN system from the NIBIN Partner, ATF will provide written notice. Page;3 Pr 10 SYSTEM MOVEMENT If the NIBIN Partner seeks to move its NIBIN system, it must submit a written request to ATF. ATF's decision regarding the proposed move will be provided to the NIBIN Partner in writing. Any movement of the NIBIN system after the initial installation will occur at the expense of the NIBIN Partner and only after receipt of authorization by, and coordination with, FTI. In order to realize maximum use of the equipment, if should be placed where trained personnel can expeditiously enter evidence. ATF will work with each partner to realize optimal placement of equipment to obtain actionable investigative leads. In the event of a natural disaster, ATF will work with the NIBIN Partner to safeguard the NIBIN equipment. Due to communication line installation/move requirements, NIBIN Partners must provide a minimum of 120 calendar days' advance notice to ATF and the NIBIN system manufacturer before the intended move of a NIBIN system. In the event of unauthorized movement, alteration, damage, or destruction of any NIBIN system caused by its employees, contractors, or any other person under its control, the NIBIN Partner agrees to assume the cost of replacement or repairs of the equipment. The NIBIN Partner agrees to report to ATF, within S calendar days, any incident involving the following: an unauthorized movement, alteration, damage, or destruction of ATF -deployed NIBIN systems, any unauthorized use of NIBIN systems or the unauthorized release of data related to the NIBIN Program. COMMUNICATION LINES ATF will provide and support primary communication lines necessary for connecting NIBIN systems to the NIBIN network. SECURITY The NIBIN Partner will comply with all ATF, DOJ and/or other Federal security requirements related to the NIBIN program, network, and systems to ensure the integrity of the program. These requirements are set forth under NIBIN security policies. ATF will promptly notify the NIBIN Partner should these requirements change. All NIBIN sites will not knowingly allow a person to access the NIBIN network using another person's user ID and password. The NIBIN Partner agrees to conduct criminal background checks, including fingerprint checks, of all NIBIN users. Upon successful completion of these background checks, the NIBIN Partner will notify ATF's NIBIN Branch in writing. Page 4 or to SYSTEM USAGE AND MINIMUM REQUIRED OPERATING STANDARDS To ensure the consistency, integrity, and success of NIBIN, ATF has enacted Minimum Required Operating Standards (MROS). The MROS, listed below, are rooted in ATF's "Four Critical Steps for a Successful NIBIN Program" — comprehensive collection, timeliness, investigative follow-up, and feedback. They identify the practices that best allow NIBIN to provide comprehensive and timely crime gun intelligence. Beginning July 2018, all NIBIN partners will comply with the following: 1. Enter all fired or test fired cartridge cases from serviced law enforcement agencies and/or departments through a NIBIN acquisition machine within 2 business days of receipt. 2. Enter accurately all required information during the acquisition process on the NIBIN acquisition machine. 3. Correlate and conduct a secondary review of any potential NIBIN leads through an approved NIBIN correlation machine within 2 business days. 4. Disseminate NIBIN leads within 24 hours. 5. Designate and maintain a NIBIN program administrator. 6. No policy shall inhibit or restrict NIBIN submissions by serviced law enforcement agencies and/or departments. 7. Operate with only qualified NIBIN users. Please note that Standards 3 and 4 are not applicable to NIBIN sites using the NIBIN National Correlation and Training Center for correlation reviews of ballistic images. AUDITS ATF and the NIBIN Partner acknowledge their understanding that the operations described in this MOU are subject to audit by ATF, DOJ, the DOJ Office of the Inspector General, the General Accountability Office, and other auditors designated by the U.S. Government regardless of the funding source for the system (NIBIN Partner or ATF). Such audits may include reviews of all records, performance measurements, documents, reports, accounts, invoices, receipts, or other evidence of expenditures related to this MOU and the NIBIN Program. Notwithstanding, ATF will conduct initial audits of all NIBIN Partners and their sites by December 31, 2020. After this date, the audits will occur once every two years for the remainder of the MOU. The purpose of the audits is to review and verify compliance with the required MROS. Each site must be in full compliance with the MROS in order to maintain access to NIBIN. Page 5 of 10 Further, the NIB IN Partner agrees to allow auditors to conduct one or more in-person interview(s) of any and all personnel the auditors determine may have knowledge relevant to transactions performed or other matters involving this MOU and the NIBIN Program, The NIBIN Partner hereby acknowledges its understanding that, for accounting purposes, that the principles and standards for determining costs shall be governed by the policies set forth in the Office of Management and Budget Circular A-87, revised (available via the OMB, the Superintendent of Documents at the U.S. Government Printing Office, or via the Internet at http://www.whitehouse.gov/omb/circulars/a087/aO87-all.htmi.) PERSONNEL AND TRAINING Prior to the execution of this MOU and a NIBIN system installation, the NIBIN Partner must employ, or have access to, a technical person capable of performing forensic microscopic comparison of bullet and cartridge evidence. The NIBIN Partner agrees to provide and maintain sufficient personnel to operate the NIBIN system and agrees to allow use of the equipment by ATF personnel or our representatives to support the program at the host location. All personnel accessing NIBIN must be a Qualified NIBIN User as required by the MROS. This MOU should not be construed to require the hiring of any new personnel,. except at the discretion of the NIBIN Partner. If the NIBIN Partner determines that additional personnel resources are required, all costs associated with this hiring will be borne by the NIBIN Partner. All users of the equipment must satisfy the same requirements as other NIBIN users and be properly trained, qualified and approved in advance by ATF: Following basic entry training, ATF will verify trainee competency before authorizing network access. Individuals trained internally by a NIBIN Partner will not be certified as appropriately trained until they successfully pass a competency test administered by ATF. The NIBIN Partner may provide access to the NIBIN system under its operational control to another law enforcement agency. Any such other law enforcement agency agrees to the same restrictions placed upon the NIBIN Partner by this MOU. However, the NIBIN Partner agrees to assume full liability and responsibility for the administration of such access. Access to the NIBIN system will be under the management and control of the NIBIN Partner. The NIBIN Partner will ensure that only trained, cleared and qualified personnel have access to the NIBIN system. Participating agencies will develop the appropriate standard operating procedures to ensure all eligible ballistic evidence will be submitted for NIBIN. Page 6 of 10 COORDINATION ATF and the NIBIN Partner agree to adhere to standardized procedures and policies for collecting, handling, documenting, transporting and preserving firearms, bullets, casings and any similar evidence submitted for analysis and input into NIBIN. ATF and the NIBIN Partner similarly agree to adhere to standardized procedures and policies for the source data collection, input, exchange and protection of information, to include information as to the location where ballistic evidence was collected, the circumstances under which it was collected and all crimes to which the firearm(s) or other ballistic evidence is linked. ATF and the NIBIN Partner agree to cooperate in the development and implementation of data entry protocols and quality assurance procedures for the NIBIN Program. ATF further agrees to cooperate with all participants in the NIBIN Program to establish model standards, protocols, and procedures for the users of the network. Such protocols will be applicable as they are implemented. The NIBIN Partner will require all participating law enforcement agencies to adhere to the protocols, procedures, policies and quality assurance standards as established above. The NIBIN Partner agrees to provide ATF with access to all information, reports and any other relevant information regarding crimes related to evidence entered into the system as well as monthly reports outlining historical, statistical and case adjudication information on the use and results of the use of the'NIBIN Program and/or system and the related services provided by ATF and the system manufacturer in order to ensure the capturing of required performance management information. Such information will be gathered for the purpose of informing the law enforcement community, other Government agencies, Congress and the public on NI31N results. Additionally, ATF will collect information for results -oriented performance measures. PUBLICITY Any NIBIN Partner who becomes aware of, or participates in, publicity related to the NIBIN system and investigations within their jurisdiction should advise ATF of same within 48 hours. DISCLOSURE OF INFORMATION RELATED TO NIBIN NIBIN system information may be shared with other law enforcement and prosecutors' offices in furtherance of criminal investigations and prosecutions. The NIBIN Partner shall not share any NIBIN system information for other purposes, including requests under the Freedom of Information Act, without express, written authorization from ATF, except as required by law. Page 7 of 10 INCORPORATION OF APPENDIX The Appendix to this MOU includes definitions of terms used and is fully incorporated herein. Because requirements may change over time, due to technological advances, security enhancements, or budgetary matters, the Appendix may be updated. AGREEMENT ATF and the NIBIN Partner hereby agree to abide by the terms and conditions of this MOU, including any appendices, and all policies of the NIBIN Program. The terms and conditions of this MOU will be considered accepted in their entirety upon the signature by the ATF Special Agent in Charge and the NIBIN Partner signature. Chief James Singletary, Date Beaumont Police Department 255 College Street Beaumont, Texas 77701 Frederick Milanowski Date Special Agent in Charge, Houston Field Division • Bureau of Alcohol, Tobacco, Firearms and Explosives Sharon M. Buchanan Date NIBIN Site Operations Branch Chief, Firearms Operations Division Bureau of Alcohol, Tobacco, Firearms and Explosives I Page 8 of 10 APPENDIX TERMS Acquisition - An entry of a ballistic image. ATF — Bureau of Alcohol, Tobacco, Firearms and Explosives, a principal law enforcement agency within the U.S. Department of Justice. Bullets — Designated calibers of projectiles fired from rifles, revolvers, and pistols. Cartridge Casings — Designated metal casings from cartridges fired from rifles, shotguns, revolvers, and ejected from pistols. Correlation — Automated data comparison of signature images to a database. Crime Gun — Any firearm that is illegally possessed, used in a crime, or suspected by taw enforcement officials of having been used in a crime or act of terrorism. Found or Abandoned Firearms — Firearms that come into the custody of law enforcement outside of investigative or judicial process. A found firearm is located by law enforcement or a non -owner and the owner -possessor is not readily identifiable (e.g., a firearm -found in an open field). An abandoned firearm may be a found firearm or a firearm where the possessor chooses to permanently relinquish control of the firearm and abandon any rights of ownership. ATF suggests that NIBIN Partners provide written notice to those persons permanently abandoning or temporarily relinquishing custody of a firearm that the firearm will be test fired and the results entered into the NIBIN System. NIBIN Network An ATF -designed and maintained system of interconnected computer systems and terminals used in support of the NIBIN Program. NIBIN Program The integration of aggressive targeting, investigation, and prosecution of shooters and their sources of crime guns usiAg automated ballistics technology. NIBIN Program Administrator — An individual the NIBIN site has designated to communicate with all parties (e.g., submitting law enforcement agencies, ATF Crime Gun Intelligence Centers) involved in the NIBIN process. The NIBIN Program Administrator must be a qualified NIBIN user and full-time employee of the NIBIN site. The NIBIN Program Administrator should be responsible for implementing and directing policies and procedures of the NIBIN site. NIBIN System — Refers to the integrated ballistic imaging, analysis, and information processing system for use with automated ballistics technology. Performance Measurements ` Various management instruments used to evaluate program effectiveness in successfully removing shooters and their crime gun sources. Performance measurements also include the NIBIN Minimum Required Operating Standards and related audits. Page 9 of 10 Potential Candidate for Confirmation — Two bullets or cartridges cases, displaying sufficient similarity during a correlation review such that the items should be compared using traditional comparative microscopy by a trained firearm examiner to determine if they can be associated to the same firearm. Qualified NIBIN User — technician and/or firearms examiner trained by ATF, Forensic Technology, and/or a NIBIN Authorized Trainer program to perform acquisition and/or correlation reviews of ballistic images on the NIBIN network. Security Requirements — Types and levels of physical and cyber protection necessary for equipment, data, information, applications, and facilities to meet security policies and standards. Security Policies — The get of laws, rules, directives, and practices that regulate how an organization manages, protects and distributes controlled information. Timely — Occurring at a suitable time and without unnecessary delay. Some NIBIN submissions require a response within 48 hours to be considered timely. Volunteer — An individual who has chosen to perform services without charge or payment and has entered into a written agreement with a NIBIN Partner addressing issues of confidentiality, costs, and waiver of all claims against the Federal government. Page 1001* 10 BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 19, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition — Audit Committee Presentation and Harvey Recovery Update by Texas General Land Office * Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, for the Sewer Plant Pump Replacement and Renewal Project 2. Consider a resolution authorizing the City Manager to award a contract to Chief Solutions, Inc., of Houston for the Sewer Lift Station Wet Well Cleaning Contract Project Consider a resolution authorizing the City Manager to accept maintenance and authorize a final payment to G & G Enterprises Construction Corp., for the Lakeside Center/Best Years 4. Consider a resolution approving the purchase of an IBS ballistic identification system from Ultra Electronics Forensic Technology, Inc., for use by the Police Department 5. Consider a resolution approving a contract with Infrastructure Management Services for pavement management to be used by the Public Works Department 6. Consider a resolution rejecting all bids for the Sherwood Drive, Piney Point, and Helbig Road Asphalt Resurfacing Project 7. Consider amending Section 4.06.001 of the Code of Ordinances related to owning livestock 8. Consider amending Ordinance 18-53 to allow a six (6) month deadline extension for the parking, use and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters on residential property, during the period of repair or reconstruction of damage to property caused by Hurricane Harvey 9. Consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2019 WORKSESSIONS Review and discuss proposed changes to the Code of Ordinances related to Event Facility fees and charges Review and discuss requirements for the installation of Small Cell Network Nodes and Node Support Poles COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Larry Veal v. City of Beaumont; Cause No. B-190,049 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 March 19, 2019 Consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, for the Sewer Plant Pump Replacement and Renewal Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolutionauthorizingthe City Manager to award a contract to ALLCO, LLC, of Beaumont, Texas for the Sewer Plant Pump Replacement and Renewal Project. BACKGROUND The project is to replace five (5) pumps and four (4) motors at the sewer plant. On Thursday, March 7, 2019, two (2) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The two (2) bids are indicated in the table below: Contractor Location Total Base Bid Total Alternate Item Bid Total Award Amount ALLCO, LLC Beaumont, TX $926,500.00 $48,460.00 $974,960.00 All Pump and Equip Co. Houston, TX $969,247.00 $382,213.00 $1,351;460.00 Engineer's Estimate $782,000.00 $120,000.00 $902,000.00 Based on a review of the bids and required documents received, the Water Utilities Engineer recommends awarding the project to ALLCO, LLC, the low bidder, in the amount of $974,960.00. A total of 300 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. BID TABULATION Sewer Plant Pump Replacement and Renewal Contract Bid No. WU1219-06 BID OPENING DATE: March 7, 2019 The Bid Proposals submitted have be vie and to the best of my knowledge this is an acc te-tabulation of the bids received. By: Phi Nguyen, PE,nior le ti' les Engineer Date'. 311(t,9 ITEM NO. QUANTITY UNIT Allco LLC All Pump & Equip Co. ITEM NO. QUANTITY UNIT DESCRIPTION T.W. Harrison Chad Hallmark $ 12,160.00 $ 12160.00 $177,475.00 $ 177 475.00 Beaumont, TX 77707 Houston, TX 77003 LS Additive Alternate for the Reconditioningof Existing10 MGD Headworks Pum and Motor $ 11,700.00 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 LS Moblltzation/Demobilization Not to exceed 5% of total base bid amount S 40 000.00 $ 40,000.00 $ 15 840.00 $ 15,840.00 2 1 LS Purchase and Install New 20 MGD Headworks Pump and Motor (Fairbanks Morse, model 24•- 5741 or Equal). Clean and Store LS Additive Alternate for the Reconditioningof Existin High Water Pum and Motor $ 14,600.00 $ 14 600.00 $109,638.00 Existing Pumping Unit. S 304,500.00 $ 304,500.00 $ 314,110.00 $ 314,110.00 3 1 LS Purchase and Install New 10 MGD Headworks Pump and Motor (Fairbanks Morse, model 16'- 5741 or Equal). Clean and Store lExisting $ 382 213.00 Pumping Unit. $ 160,000.00 $ 160,000.00 $ 164,745.00 $ 164,745.00 4 1 LS IPurchase and Install New High Flow Pump and Motor Flowserve Model 21AFV-DL 1 or Equal) $ 139 000.00 $ 138,000.00 $ 162 087.00 $ 162 087.00 5 1 LS Purchase and Install New High Flow Pump (Flowserve Model 21AFV-DL 1) -(NO MOTOR). Clean and Store Existing Pumping Unit. $ 124,200.00 $ 124,200.00 $ 131,197.00 $ 131,197.00 6 1 LS Purchase and Install New High Water Pump and Motor (Fairbanks Nijhuls Model 20•-8211-1 or Equal) Clean and Store Existing Pumping Unit. $ 159,600.00 $ 159,800.00 $ 181,268.00 $ 181,268.00 BASE BID QUANTITIES TOTAL $ 926,600.00 $ 969,247.00 ITEM NO. QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL Al 1 LS Additive Alternate for the Reconditioningof Existing20 MGD Headworks Pum and Motor $ 12,160.00 $ 12160.00 $177,475.00 $ 177 475.00 A2 1 LS Additive Alternate for the Reconditioningof Existing10 MGD Headworks Pum and Motor $ 11,700.00 $ 11,700.00 $ 88,094.00 $ 88,094.00 A3 1 LS Additive Altemate for the Reconditioningof Existin High Flaw Pum NO MOTOR $ 10,000.00 $ 10 000.00 $ 7 006.00 $ 7,006.00 A4 1 LS Additive Alternate for the Reconditioningof Existin High Water Pum and Motor $ 14,600.00 $ 14 600.00 $109,638.00 $ 109,638.00 ALTERNATE ITEM TOTAL $ 48 460.00 $ 382 213.00 TOTAL BASE ITEMS +ALTERNATE ITEMS 1 $ 974,960.00 $ 1,351,460.00 Page 1 of 1 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the Sewer Plant Pump Replacement and Renewal Project; and, WHEREAS, ALLCO, LLC, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $974,960.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by ALLCO, LLC, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $974,960.00, for the Sewer Plant Pump Replacement and Renewal Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with ALLCO, LLC, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky.Ames - 2 March 19, 2019 Consider a resolution authorizing the City Manager to award a contract to Chief Solutions, Inc., of Houston for the Sewer Lift Station Wet Well Cleaning Contract Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Chief Solutions, Inc., of Houston, Texas for the Sewer Lift Station Wet Well Cleaning Contract Project. BACKGROUND Regular cleaning of lift station wet wells to remove accumulated debris is necessary to ensure proper flow of sewage and safe operation of the pumps. This project will call for scheduled annual cleaning of eleven (11) designated lift station wet wells, as well as unscheduled cleanings of any of the 76 lift station wet wells within the City limits. On February 28, 2019, two (2) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The two (2) bids are indicated in the table below: Contractor Contractor Location Total Base Bid Allowance Total Award Amount Chief Solutions, Inc. Houston, TX $370,000.00 $20,000.00 $390,000.00 Wastewater Transport Services Beaumont, TX - - - Engineer's Estimate $335,000.00 $20,000.00 $355,000.00 Based on a review of the two (2) bids submitted, one (1) bid was incomplete as per the guidelines outlined in the contract documents, therefore the Water Utilities Engineer recommends awarding the project to Chief Solutions, Inc., of Houston, Texas in the amount of $390,000.00. Chief Solutions, Inc., is a Certified Minority Business Enterprise (MBE) with the City of Beaumont. A total of 730 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. BID TABULATION Sewer Lift Station Wet Weil Cleaning Contract Bid No. WU0119-10 (REBID) BID OPENING DATE: February 28, 2019 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. P!e... N.... ...,........ 61645 .......+Yi 2 �i ac��CENSE� 1��• y: Phi Nguyen, PE,enior r ilities Engineer Date: 0311120 9 Bid Schedule (Engineer's Chief Solutions, Inc. Wastewater Transport Services ITEM NO. QUANTITY UNIT DESCRIPTION Estimate) Chief R. Davis Cory Juby Houston, TX 77088 Beaumont, TX 77705 BASE BID ITEMS UNIT PRICE I TOTAL UNIT PRICE I TOTAL UNIT PRICE I TOTAL 1 1 LS Mobilization, including payment bond, performance bond, insurance, and moving equipment to project (Not to exceed 5% of $ 15,000.00 $ 15,000.00 $ 14,000.00 $ 14,000.00 Total Base Unit Priced Wastewater Transport Services submitted an Incomplete Bid. Page 1 of 1 Finance City of Beaumont, Texas Certif es that CHIEF SOLUTIONS, INC Meets all the criteria established by the City of Beaumont, And thereby is duly registered as a Minority Business Enterprise, To do business with the City of Beaumont and its agents as such. This certification is valid until _ April 13, 2019 Todd A. Shnoneaux, CPA, Chief Financial Officer April 13, 20-17 Certification Date RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the Sewer Lift Station Wet Well Cleaning Contract Project; and, WHEREAS, Chief Solutions, Inc., of Houston, Texas, submitted a complete bid meeting specifications in the amount of $390,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Chief Solutions, Inc., of Houston, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Chief Solutions, Inc., of Houston, Texas, in the amount of $390,000.00, for the Sewer Lift Station Wet Well Cleaning Contract Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby' authorized to execute a Contract with Chief Solutions, Inc., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of , March, 2019. - Mayor Becky Ames - 3 March 19, 2019 Consider a resolution authorizing the City Manager to accept maintenance and authorize a final payment to G & G Enterprises Construction Corp., for the Lakeside Center/Best Years BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director e MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize a final payment to G & G Enterprises Construction Corp., for the Lakeside Center / Best Years. BACKGROUND On July 5, 2016, by Resolution No. 16-121, City Council awarded G & G Enterprises Construction Corp., of Beaumont, Texas the contract for the new Lakeside Center / Best Years in the amount of $6,172,800.00. The project has been inspected by the Architect and Facilities Maintenance Department and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $308,189.36 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. APPLICATION AND CERTIFICATION FOR PAYMENT ARDOCUMENTG702 PAGE ONE OF 1 PAGES TO OWNER City of Beaumont PROJECT: Best Years APPLICATIONNO: 18 ✓ Distribution to: PO Box 3827 Senior Center =OWNER Beaumont, Tx 77701 OARCHITECT FROM CONTRACTOR: PERIOD TO: 01.31.2019 =CONTRACTOR r, j �j �' G & G Enterprises {■1 �Y =BANK 1H1 3260 Eastex Freeway Beaumont Tx 77704 CONTRACT FOR: Best Years Senior Center CONTRACTORS APPLICATION FOR PAYMENT The undersigned Contractor certifiiesthat tothe best ofthe Contractofsknowledge. Application is made for payment, as shown below, in connection with the Contract. information and belief the Work covered by this Application for Payment has been Continuation Sheet, AIA Document G703, is attached. completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. I. ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Line I :h 2) 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) S. RETAINAGE: a. 5 % of Completed Work $ (f nhimn D + E on G703) b. 5 % of Stored Material S (Column F on 0703) Total Retainage (Lines 5a+5b or Total in Column I of G703) 6. TOTAL EARNED LESS RETAINAGE (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) S. CURRENT PAYMENI' DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ 6,172,800.00 $ (9,012.96) CONTRACTOR: G & G Enterprises truction Corp $ 6,163,787.9-,/ 71 $ 6.163,787.04 By.. Date: 02 97.2019 S308,139.36 State of T a 10!V...... SnNohr/ MITH Jefferson $0.00 I Subscribed and sworn to befoDAN Notary Public: ?w.+� b # 131150 "'--",;q �M May 31, 20211 My Commission expires: ;a• ___ $ $308,139.36 ARCHITE CERTIFICATE FOR FA79ENT S 5,855,597.68 V In accordance with the Contract Documents, based on on-site observations and the data comprising the application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, $ 5,855.597.68 the quality of the Work is in accordance with the Contract Documents, and the Contractor S 308.1S9.36 is entitled to payment of the AMOUNT CERTIFIED. 0.00 AMOUNT CERTIFIED ........... 5 Q g 3 (Attach explanation if amount certified d fersfi•om the amount applied Initial all -figures on this Application and onthe Conh'7 Sh ARCHIeet that are changed to confann with the amount certified.) TECT: By: <1 L�� Date: This Ce' Icate is not negotiable. The AMOUNT CERTIFIED.is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 • APPUCAT10N AND CERTIFICATION FOR PAYMENT • 1992 EDITION • AIA 01992 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE, N.W., WASHINGTON, DC 2000E-5292 Users may obtain validation of this document by requesting a completed AIA Document D401 - Certification of Document's Authenticity from the Licensee. CONTINUATION SHEET AIA DOCUMENT G703 Page 2 of 2Pages AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO: Final Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION DATE: 02.20.2019 PERIOD TO: 02.20.2019 OWNER'S PROJECT NO: Best Years A B C D E F G H I J ITEM NO. DESCRIPTION OF WORK SCHEDULED- VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G+ C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) 5% FROM PREVIOUS APPLICATION (D + E) THIS PERIOD I Allowance - Contingency $60,000.00 $53,216.40 $6,783.60 $0.00 $60,000.00 100.00% $0.00 $3,000.00 2 Allowance - Hardware - Purchase & Install $70,000.00 $70,000.00 $0.00 $0.00 $70,000.00 100.00% $0.00 $3,500.00 3 Allowance - Misc Reconnection of Exsting Site Lighting $7,000.00 $7,000.00 $0.00 $0.00 $7,000.00 100.00% $0.00 $350.00 4 Allowance - Security Alarm System $10,000.00 $7,770.64 $2,229.36 $0.00 $10,000.00 100.00% $0.00 $500.00 5 Allowance - HVAC Testing $13,500.00 $13,500.00 $0.00 $0.00 $13,500.00 100.00% $0.00 $675.00 6 Change Order#1 ($9,012.96) $0.00 -$9,012.96 $0.00 49,012.96 100.00% $0.00 ($450.65) 6 Site Demolition & Sitework $517,656.17 $517,656.17 $0.00 $0.00 $517,656.17 100.00% $0.00 $25,882.81 7 Alternate 41 -Site $11,000.00 $11,000.00 $0.00 $0.00 $11,000.00 100.00% $0.00 "$550.00 8 Storm Sewer $66,300.00 $66,300.00 $0.00 $0.00 $66,300.00 100.00% $0,00 $3,315.00 9 Benches $5,305.20 $5,305.20 $0.00 $0.00 $5,30520 100.00% $0.00 $26526 10 Landscape & Irrigation $47,700.00 $47,700.00 $0.00 $0.00 $47,700.00 100.00% $0.00 $2,385.00 11 Alternate #7 - Landscape $24,700.00 $24,700.00 $0.00 $0.00 $24,700.00_ 100.00% $0.00 $1,235.00 12 Alternate #8 - Landscape $15,250.00 $15,250.00 $0.00 $0.00 $15,250.00 100.00% $0.00 $762.50 13 Irrigation Sleeves $1,500.00 $1,500.00 $0.00 $0.00 $1,500.00 100.00% $0,00 $75.00 14 Job Sign $685.00 $685.00 $0.00 $0.00 $685.00 100.00% $0.00 $34.25 15 Striping, Wheelstops, & HC Sign $6,163.00 $6,163.00 $0.00 $0.00 $6,163.00 100.00% $0.00 $308.15 16 Termite Treatment $2,112.03 $2,112.03 $0.00 $0.00 $2,112.03 100.00% $0.00 $105.60 17 Concrete Building, Paving & Site $309,890.00 $309,890.00 $0.00 $0.00 $309,890.00 100.00% $0.00 $15,494.50 Ig Alternate#1 Site $6,804.00 $6,804.00 $0.00 $0.00 $6,804.00 100.00% $0.00 $340.20 19 Aluminum Handrails $38,787.00 $38,787.00 $0.00 $0.00 $38,787.00 100.00% $0.00 $1,939.35 20 Structural Steel Package $549,928.00 $549,928.00 $0.00 $0.00 $549,928.00 100.00% $0.00 $27,496.40 21 Erect Structural Steel & Metal Panels $244,000.00 $244,000.00 $0.00 $0.00 $244,000.00 100.00% $0.00 $12,200.00 22 Millwork & Countertops $98,790.00 $98,790.00 $0.00 $0.00 $98,790.00 100.00% $0.00 $4,939.50 23 Quartz Window Sills $3,929.46 $3,929.46 $0.00 $0.00 $3,929.46 100.00% $0.00 $196.47 74 PVC Roof $231,459.00 $231,459.00 $0.00 -$0.00 $231,459.00 100.00% $0.00 $11,572.95 25 Metal Wall Panels $79,444.00 $79,444.00 $0.00 $0.00 $79,444.00 100.00% $0.00 $3,972.20 26 Metal Studs, Insulation, Sheetrock, Acoustical Ceilings $353,266.00 $353,266.00 $0.00 $0.00 $353,266.00 100.00% $0.00 $17,663.30 27 Dampproofing $38,758.00 $38,758.00 $0.00 $0.00 $38,758.00 100.00% $0.00 $1,937.90 78 Dampproofing Elevator Pit ,$3,900.00 $3,900.00 $0.00 $0.00 $3,900.00 100.00% $0.00 $195.00 79 Wood Package - Interior $10,000.00 $10,000.00 $0.00 $0.00 $10,000.00 100.00% $0.00 $500.00 30 Wood Package - Exterior $5,500.00 $5,500.00 $0.00 $0.00 $5,500.00 100.00% $0.00 $275.00 31 Decking at Balcony $15,000.00 $15,000.00 $0,00 $0.00 $15,000.00 100.00% $0.00 $750.00 32 Waterproof Decking $14,825.00 $14,825.00 $0.00 $0.00 $14,825:00 100,00% $0.00 $741.25 33 Tape, Float, Texture, Paint $130,000.00 $130,000.00 $0.00 $0.00 $130,000.00 100.00% $0.00 1 $6,500.00 34 Masonry $129,319.00 $129,319.00 $0.00 $0.00 $129,319.00 100.00% $0.00 $6,465.95 35 Rigid Insulation $6,500.00 $6,500.00 $0.00 $0.00 $6,500.00 100.00% $0.00 $325.00 36 EIFS $74,760.00 $74,760.00 1 $0.00 $0.00 $74,760.00 100.00% $0.00 $3,738.00 CONTINUATION SHEET AIA DOCUMENT G703 Page 2 Of 2Pages AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO: Final Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION DATE: 02.20.2019 PERIOD TO: 02.20.2019 OWNER'SPROJECTNO: Best Years A B C D E F G H I J ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G = C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) 5% FROM PREVIOUS APPLICATION (D + E) THIS PERIOD 37 Chainlink Inside Fitness $3,000.00 $3,000.00 $0.00 $0.00 $3,000.00 100.00% $0.00 $150.00 38 Glass & Glazing $195,000.00 $195,000.00 $0.00 $0.00 $195,000.00 100.00% $0.00 $9,750.00 39 Stanley Auto. Doors - Glass Under Glass Sub $13,985.00 $13,985.00 $0.00 $0.00 $13,985.00 100.00%, $0.00 $699.25 40 Frames, Doors $57,025.00 $57,025.00 $0.00 $0.00 $57,025.00 100.00% $0.00 $2,851.25 41 TAS $5,042.00 $5,042.00 $0.00 $0.00 $5,042.00 100.00% $0.00 $252.10 42 Toilet Partitions $8,350.00 $8,350.00 $0.00 $0.00 $8,350.00 100.00% $0.00 $417.50 43 Alternate #2 - Koroseal Handrails $10,480.00 $10,480.00 $0.00 $0.00 $10,480.00 100.00% $0.00 $524.00 44 LVT $83,685.74 $83,685.74 $0.00 $0.00 $83,685.74 100.00% $0.00 $4,184.29 45 Carpet Tiles $2,396.60 $2,396.60 $0.00 $0.00 $2,396.60 100.00% $0.00 $119.83 46 Walk -Off Carpet $1,406.36 $1,406.36 $0.00 $0.00 $1,406.36 100.00% $0.00 $70.32 47 Floor Tile $43,086.90 $43,086.90 $0.00 $0.00 $43,086.90 100.00% $0.00 $2,154.35 48 Covebase $9,654.05 $9,654.05 $0.00 $0.00 $9,654.05 100.00% $0.00 $482.70 49 Treads & Risers $3,080.00 $3,080.00 $0.00 $0.00 $3,080.00 100.00% $0.00 $154.00 50 Wall Tile $48,324.73 $48,324.73 $0.00 $0.00 $48,324.73 100.00% $0.00 $2,416.24 51 Showers $9,890.27. $9,890.27 $0.00 $0.00 $9,890.27 100.00% $0.00 $494.51 52 Sports Floor $50,799.00 $50,799.00 $0.00 $0,00 $50,799.00 100.00% $0.00 $2,539.95 53 Signage $12,752.00 $12,752.00 $0.00 $0.00 $12,752.00 100.00% $0.00 $637.60 54 FEC $2,248.00 $2,248.00 $0.00 $0.00 $2,248.00 100.00% $0.00 $112.40 55 Clouds $5,000.00 $5,000.00 $0.00 $0.00 $5,000.00 100.00% $0.00 $250.00 56 Acoustical Panels $36,160.00 $36,160.00 $0.00 $0.00 $36,160.00 100.00% $0.00 $1,808.00 57 Elevator $71,900.00 $71,900.00 $0.00 $0.00 $71,900.00 100.00% $0.00 $3,595.00 58 Projection Screen $6,500.00 $6,500.00 $0.00 $0.00 $6,500.00 100.00% $0.00 $325.00 59 FRP $2,600.00 $2,600.00 $0.00 $0.00 $2,600.00 100.00% $0.00 $130.00 60 Stainless Wall Panel $1,000.00 $1,000.00 $0.00 $0.00 $1,000.00 100.00% $0.00 $50.00, 61 Longboard Siding $54,778.00 $54,778.00 $0,00 $0.00 $54,778.00 100.00% $0.00 $2,738.90 62 Lockers $13,035.00 $13,035.00 $0.00 $0.00 $13,035.00 100.00% $0,00 $651.75 63 Canopies $36,530.00 $36,530.00 $0.00 $0.00 $36,530.00 100.00% $0.00 $1,826.50 64 Alternate #5 -Add Motorized Operable Partition $39,159.00 $39,159.00 $0.00 $0.00 $39,159.00 100.00% $0.00 $1,957.95 65 Corner Guards $714.00 $714.00 $0.00 $0.00 $714.00 100.00% $0.00 $35.70 66 Mechanical $519,710.00 $519,710.00 $0.00 $0.00 $519,710.00 100.00% $0.00 $25,985.50 67 Electrical $708,202.00 $708,202.00 $0.00 $0.00 $708,202.00 100.00% $0.00 $35,410.10 68 Alternate #1 -Added Site $47,900.00 $47,900.00 $0.00 $0.00 $47,900.00 100.00% $0.00 $2,395.00 69 Ground Loop $27,650.00 $27,650.00 $0.00 $0.00 $27,650.00 100.00% $0.00 $1,382.50 70 Fire Alarm $19,958.93 $19,958.93 $0.00 $0.00 $19,958.93 100.00% $0.00 $997.95 71 Security Access, PA System, AV, Structured Cabling $40,120.00 $40,120.00 $0.00 $0.00 $40,120.00 100.00% $0.00 $2,006.00 72 Sprinkler System $77,961.00 $77,961.00 $0.00 $0.00 $77,961.00 100.000/c $0.00 $3,898.05 73 Plumbing $350,300.00 $350,300.00 $0.00 $0.00 $350,300.00 100.00% $0.00 $17,515.00 CONTINUATION SHEET AIA DOC UMENT G 703 Paget or 2P3ges AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO: Final Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar.- Use ollar:Use Column I on Contracts where variable retainage for line items may apply. APPLICATION DATE: 02.20.2019 PERIOD TO: 02.20.2019 OWNER'S PROJECT NO: Best Years A B C D E F G H I J ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) - TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) 5% FROM PREVIOUS APPLICATION (D+E) THIS PERIOD 74 Supervision & Managament $218,558.00 $218,558.00 $0.00 $0.00 $218,558.00 100.00% ($0.00) $10,927.90 75 Construction Fence, Layout $30,138.10 $30,138.10 $0.00 $0.00 $30,138.10 100.00% $0.00 $1,506.91 76 Final Cleaning $5,000.00 $5,000.00 $0.00 $0.00 $5,000.00 100.00% $0.00 $250.00 77 Dumpster & Sani-Can $20,000.00 $20,000.00 $0.00 $0.00 $20,000.00 100.00% $0.00 $1,000.00 78 Windstorm Fee $12,000.00 $12,000.00 $0.00 $0.00 $12,000.00 100.00% $0.00 $600.00 79 Builders' Risk Insurance $19,674.89 $19,674.89 $0.00 $0.00 $19,674.89 100.00% $0.00 $983.74 80 Payment & Performance Bonds $44,314.57 $44,314.57 $0.00 $0.00 $44,314.57 100.00% $0.00 $2,215.73 Sheet2 Totals $6,163,787.04 $6,163,787.04 $0.00 $0.00 $6,163,787.04 1 100.00% $0.00 $308,189.36 J1 . Change Order i onlracturrs (jofi Docujna( tnC R7a11►r-2017 P1110.1 HOT: (AYtl)11au11(1(11141-1+.3) CITY Oil Illl►1U,�ION'1' O11S'I' YII,11lS CHN'1'lllt 150 hdngualln Sldtcol Betntmuul,'PX 77701 O%gjIIiI1: (tl'durc uu-1I tul(6 ess) City ol'llennnlmll I50 fi108110110 Street Ilcuu0told 'I'mis 77701 Yl Ili CONTRACT IS CHANGED AS i OLLOWS; CONTRA" INPORIMMOlb C'nulniol Par. (Iat10n11 Cunsbuullml Date: July 20, 2010 AIIOIIIT(!GTi (Alamo rail tuldrimv) Arcidlcclurnl Allinuce Ilia, 350 PlIto ,Shoal, Sulle 720 hcnunionl,'I'ouls 'l'I'101 (11IIAUGH 0110111t INFOlIMMIO)h Change Order Numher: 025 llalc; 1211112010 (1011TIIAOT011; (nrume and n(lrh ess) Q&.0 llnlclprlscs, lou, 3260 Rnslex ltrectvny Ilcnumoltl, Tom 777011 (hlse+'l t(dNr111e11 deserll►flnu (0'1110 411111ge 111111, U'rgy►lhahle, tdfue6 or t}-1'elruce sl►ce{/le exhiMs. Also luchufa ((S)wed upa11 utUnshimills aWbulnhle to nseclded Caush'Ifellan Mango Dkeellres.) C:oulhillency mutt Allowmice Reconellnlion I)(tlnnccl $9,017.,96 Tlcnlnluhtg Cnniingcncy Itnimlcal 86,1113,60 Reuinitiing Security lint nice t _ -1.$2,229.36 Rentnlnllip Coll 1III Faeticl': 39,012;)6 ,See Allnel(ed Conllllency 11ninneo Sheet fm- liel'eronce The rnlbinnlcaulrnclslilli wits $ 6,172,800.00 Tho not c1101180 by proelnusly nuthedzed ClInugo Orders $ 0.01) Tho Contract Sunt ptlor 10 this Clllnr8o Order 11413 $ 6,177.,800.00 The cunlrnel 311111 will bo decreased by Ills chollgo Older In (Ila Inuuunl or $ 9,012,96 The note cuitimul Suit 11101nding 11111 clumg0 Order tt411 b0 $ G, 163,78'1.01 This Cmilnlul Timu will bit lnumi9 d by Ycru (0) days. 'rho itou' Bolo orSuhslmdinl Complollon %-III bo Demillio' 7,2018 U0111,01ils climllto Order docs 1101111011mle 11djusl11tcuts to 1110 co11hnot Stmt or Clummuced MlIXIInunt Price, or Ilia Conlracl Time, llml have licen nuthorized by Cons(ru don C11mige Directive until Ilia cost lint 11111011nvo hceu norced 1111011 by bosh Ilia OwnernAd Conlrnclor, Ili w111011 edge n citnuge Order Is o),eculed lu superacdo (Ila coushttellan chmt0a Directive, NUT VALID UNTIL SIONIID IIY TI III AI1CI11T'IIC'i, CONTRACTOR AND OWM-111. ArchleclurnlAlllnnce.uu. �. AIICIIIrliC ''(11(1'1+ rum II . � J. Clatl; AIA Presldeld 9t liO Pull Am Ymm. 0. 11 • (its 101' G&O 1111e01dses, hlu. CONTI AOT0111r In I allr- S ATURI. Calht Onlroll, ProSlQclll i111111TI:U HAI,1li A(IO TITI.O JIM C11yarl1cIII1111n111 owlCIL. •trot r�ula)� s Pl 11!1)1 iti ( di .9 unni AIA Uoeuntoul07011" ••2017, e:opy110111Q 1070,1001, 2000, 2001 and 2917 by )ho Aulatfcon Iml;Ialoof A(thltecls.All dolls roemvad. Whit llnln; Iff la ACA' IIIc.1limil1 h pie-Raled 1111-6. Will yy11111)) I.pt.Ilii(I lnlu(n,lingal l'Irani.. (limull)nllrn,I Mprnlhldl(tt, otdl it it tit llda AIV *0Ar.unt4111, ar naytlmllr,ii,ifI1,inayI'astdthu:nvnr"rivllnad'cdnnllnl'IiGiillloi,mulvAllJlripinvmmil10_IhcIaaihuuatnAoIlltoul=r 1U lim 71113 dactuaontlYas pr441uc4d by AlAsofh+mn at 17:20:31117 on 1211IAO In Irndo( 011141140. 00140302,11 Which oyphs oiiou)l 11,10 to, 01141 is nal for 103010. Ilsor tlalom (3BM9AG 11 CONDITIONAL. WAIVER AND RELEASE ON FINAL PAYMENT Project 134554 arc Sv ia. Cas-i— Job No. On receipt by the signer of this document of a check from Cif,44 9mc,owl (maker of check) in the sum of $3og'►Rq.3lopayable to (.ate r��.���.� (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signers position that the signer has on the property of SeSA qg( 24 F='. r -Aa (owner) located at Is -b mcaa„otsa. (location) to the following extent: Bcg� Sn. e -4a. _(job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to s+j Re,,-.,,, '(person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the dale of this waiver and release. Date r (Company name) By (Signature) noses., L e[ca (Title) THE STATE OF §'' 1S COUNTY OF § Ae FRI-o0') On this 2-7 day of kbYVAN . 20 --fl-, before me personally appeared C)uy) C1(ky kno nyto me to be the person who executed tbb foregoing, and who being duly sworn stated that he is IfeSIC10rti ED of �] t C, ►1'KtrD)15eS (.0115} h -hM, that he has authority to execute the foregoing on its behalf, that he is fully familiar with the facts herein abovL stated, and that the same are true and correct. Notary Public in and forAd6ns�ounty BRENNA SMITH My Notary ID # 131154591 -' "' Expires May 31, 2021 • ENTERPRISES CONSTRUCTION. CORP STATE OF TEXAS § ,§ COUNTY OF JEFFERSON § executive / 501 Proctor Street, Suite #322 :: Port Arthur, TX 77640 operations/ 3260 Eastex Freeway:; Beaumont, TX 77703 field services / 6354 Hwy 105 :: Orange, TX 77630 voice 409/883.5465 fax 409/883.9132 BEFORE NIE, the undersigned authority, on this day personally appeared Colin Garrett who, being duly sworn upon his oath deposed and stated as follows: "My name is Colin Garrett. I am over the age of eighteen (18) years, and am fully competent to testify to the matters stated in this affidavit. I am of sound mind and have never been convicted of a felony or a misdemeanor involving sound turpitude. I ani the President and COO of J. W. Garrett & Sons, Inc. d/b/a G&G Enterprises Construction Corp., I have personal knowledge of the facts and statements contained in Paragraph I. of Defendant's Original Answer, and each of them to read as follows: Paragraph (1), and each of them is true and correct. (1) Payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been Haid or otherwise satisfied, (2) The Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, and (3), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Attached to this affidavit are Conditional Lien releases for Final Payment which evidence the amounts currently withheld by Owner. Further Affiant sayeth not. Colin Garre SWORN TO AND SUBSCRIBED BEFORE NIE on the -1-1 day of 2019, by the sai . t' which witness my hand and seal of office. BRENNASMITH .: My Notary ID # 131150591 Expires May 31, 2021 GandGEnterprises.coir LibertX Mutual. SURETY Bond No. 585202161 BOND TO DISCHARGE; I'VWCHANICS LIEN WHEREAS, on the 20th day of February , 2019 . Coburn Supply filed a lien for the sum of Six Thousand Three Hundred Twenty-nine Dollars And Sixty-six Cents Dollars ($6,329.66 ), in the office of Clerk of the County of Jefferson against G&G Enterprises Construction Corp et at, at 3260 Eastex Freeway, Beaumont, TX 77703 JVBEREAS, said notice of lien purports to have been made and filed as prescribed in the Lien Law of the State of Texas , wherein such lienor claims a lien against the above described property for and on account of labor and/or materials fumished to said G&G Enterprises Construction Corp , which labor and/or materials were furnished for the construction of improvements of such property, and \VIBREAS, the Court having by and order duly made and entered in the office of the Clerk of the County of Jefferson , on the 20th day of February 2019 , directed the said G&G Enterprises Construction Corp , to execute a bond in file sum of Twelve Thousand Six Hundred Fifty-nine Dollars And Thirty-two Cents . Dollars ($12,669.32 ) to discharge such lien pursuant to NOW THEREFORE, the condition of this obligation is such that, if the above bounden G&G Enterprises Construction shall well and truly pay any and all judgements which may be rendered against the said property in favor of the aforesaid . lienor, his successors or assigns, in any action of proceeding to enforce said lien, then this obligation is void; otherwise, the same shall be and remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this 7th March , 2019 Optional Counter Signature Area LMS.14641 05/98 day of Collin Garrett Principal by: ` Liberty Mutual Insurance Company by Attorney IIl Fact THIS POWER.OF ATTORNEY IS NOT VALID UNLESS IT. IS PRINTED' ON RED BACKGROUND: ' This _Pourer of Attorrieylimits the acts of those named herein; and.tiiey have'no authority to'bind tale Company except in the planner and to the extent 1lerein stated. Certificate Ko,'. 7351051 _ American Fire and Casually Company - Liberty Mutual In§ilrailce.Company:.:' The dhid Casualty Insurance Company West American Insurance Company P®VII OF-ATTORN:8Y . _ . KNO.WN ALL PERSONS BY THEE PRESENTS: ThalAniertcan Fire &:Casuaity-Company aild The Ohio C2sually Insurance Compahy are corporaliohs duly'organized tinder the latus of the State of Nevr:Hampshire, ihatLiberty Mutual Insurance Gompaoy is a corporation duly organized under the lavis of the Slate o(Massachuselts, and•West American Insurance Company_ is a corporation duly organlied under the lags of the State of Indlana (hereincolleoti ii19 Called the "Companies"j, pursuant to and by authority herein set forth does hereby name constitute andpppolnl; Dina McIntyre Iaiidarrett• Tina Latiyrence - - - — - - _ ' .blued of a to fac to make execute seal ackno I e- :.Oranoe � � 'slate -of -TXT:: ' - "-:�=: -�'- each:i�diyidu_ all i(lhere be rlio(e than:one nameda its tete end layr(ul ail. n. y . - .. _ t, , g- _ • all of itie,ciiy of _ - .. ... - . Y _ . - - - _ _ _ ,:. , _ _ -. - . - _ . and deliver for and on its behalf as surely and as -its act_'8tid�deed ariyand all undertakings,•bo(jds iecogrfizpnces andofher. surely_obligatio6,,,i pursuance of these presents and shall be as binding upon the Companies as if they have been dQ- y -signed bythe president and altestedby jhe`secre{ary of rite Companies in their ottn proper persons. - 1" " " - " i ii antes a e been affixed - o itbr a "'has tieen`subscnbed'b' arrauthorized a(ficer o� offic.al of.Ttie Compagies~and the corporate'seals of.(hr -Con p . _ _ h v - INWITNESSYVHEREOF;thisPol,er.fA- npy,_•-_,_-_.., . y. ;.-. _ 'thereto this- 29th da .of APdI: 2016 - _ - .3i y to - - Amirican F(Pe:and Gasualt Cbtn an ' . a' _y :. p. y...: �Nt? fAyG' tc'r 1NSpq: r�t11$U�� rt11i1su i'r i _ .. - �aoe7a-W,f-The Ohio Casualty insurance Cohipariy,-• _ - N g1He a�.O •t< $ j auF '',� 2�, �i . ��'a _..' om ahy Wesrericaq" Ciy906 0 19 1991 icompaLibertY Muua. hi6ice C 1919 12 'dvr _ . 7 a _ N�/%b IU47S`o*� Jl HN4t:� J /� Jf-0bN�E•4,' n•U:11)� _ y _ - >; ++ David M. Care' , Asssfanl'Secrejary STATE OF PENNSYLVANIA ss - = COUNTY OF MONTGOA7ERY. -,- y: aj On this 29th day of .April :' - 2016; before rite personally appeared David M. Carey, %•rho ac%nov{ledged himself to be. the -Assistant Secretary p_(American., and:: tu 1. - o :Casliaity,Coropany Libero Mulual Insurance Company; The Ohio Ca`biialty Insurance Company, and W6-slfterlcan_Insurance Cotnpany;and that he, as such; being autiionzed so to do, _ W: execute )tie fare oin instrument for the ui oses therein contained b sl inn_ ri behalfof the col oratiohs ti himself as a duly authorized officer. o-� g-.9 P P Y•9 ,.9 P Y Y c'. _ �;.. a`1 IN WITNESS WHEREOF, I have hereunto subscribed_ my ria"nie'and affixed my notarial seal at Plymouth. i e, dfing, Pennsylvania, on the day.arid.year�first above wnite_ n. O' CL C'+, ca _ Pj1ST COA16,0,14M ALM PENNSYLVANIA'• _ _ Q Q .d ° +F ! : Notarial Seal o .: y Teresa Paslella, Nota Public : g .i�Qr� R1 of - Plymouth Twp., Montgomery County. Teresa Pastella Notary- Public _ d` My commission Eicplres March 28.2 17 = (p j. ._ .. 4jy+allyl 4r _ 3.._ . f.!ember, Penn.sylvaniaAti6cia66- of Notaries: = - _ _ - o. -E G .t0 This Pier ofAltorney is made acid executed pursuant to and byaulhority- ofthe following By_Iavls and Authorizations ofAmerican F - re and Casualty Company; The Ohio Casually trisuranceo- y^`,, Company Liberty Mutual Insurance Company; and WeslAmerican Insurance Company-vrhicii resolutions are.noti in full foice and effect reatiing as follow e �: R ` ARTICLE IV.-OFF(CER$`=Sechoh 42 Pot erof Attorney Any'officeror other official of the Cofporation.authonzed forthatpurpose in 1yri6ng byatie Ghatrman orlhe (?resident, and subject- :D d 4; to such lim:'R o� as the Chairman o .the President niayprescnbe shall appoint su6h-aliorneys m fact; as may be.necessary to act m behalf -of the Corporation to make, execute; seal,: D acknowledge and deliver as stirelyany and all undertakings, bonds, iecognizances and other surety.obligaliong. Such atlonleys:in-fact subject to the limitA669set forth iri lheirWpeclive y _ :poyrers of, attorney; shag have (till poyrei io bind• lb Corporation by (heir signature and.elSecution b(any such msininients and to attach thereto the seal o(_the Corperalioq.:,lNhen so '@ : a1 0: ro eiceouled, such 'insiriimenls'shall be as binding as if signed by the President and attested to by the Secretary: Any p—dwer or aull drilygranled to any rep-resentative or . cifn y r fact under_ > o: ~ `' 1h13'proyisioiis of this article may be revoked army tibia by the Board, (lie Chairman, the President orby the offceror oificers.gran6ng such power oraulhonty _ ar d p.A - N �= :ARTICLE X111 _ Elle' tQtion of Coniracis - SECTION 5..Surety Bonds arid- Undertakings, Any off cel of the Company_authoriied.for that purpose In vAirig liy lhechairman gr --the president, o?- :and subject to such Ilmifations as the chairman or president may ptescnbe; shall appoint such attorneys to fact, as may be necessary' to act rn behalf dt the Company to make' execu-te, :M O a-1,%ai. a- U.deliveras surety ,any and all:underiakmgs, bonds, recoif4iances and 011ier surety obligations.: Such'alioJneys:in•facl suhjecFto the limitations set forth inlheq :>: �: Z f?. res -active ol:ers of a(iome ;shall flava full ower to bind the Corn an fi glair iiiii a d execufiori of an such insW meni_s and to attach thereto the seal of the Company, Wh.... cam- P- p Y P P Y Y. 9 il Y _ v s- execdied such 16sWine_ nts shall be as binding as if iigned.by the pre sident and aliested by the secrelary. x:_�z_. ' _ - _ - _ - 011. "i`` Da 'd M Care -Assts ani Secreta to a oint such allose s-jn- ~' Certificate of -Designation -The Pres denl�o( the CompanYacting putsuant_lo ifie By(avrsnt tHe- Company, authorizes - . _tri ._,..., . y : la ry PP :- . Y ..- factas maybe, necessary to acl'on tiehalf of the Company;lo'm9ker exeeute; seal, ackno ,ledge and delivar as suietyany and all undertakings, tionds; recogriiiances and older surety - obligations - - - -" Co ' 'a 's Board of Due_clors'the Cam 'an .conseiils:thAfecsimile 0 necholcall` repro pduced s.gnolure ofany assistant secretary of the.:.: Authoiiiation -,--By unanimous consent oflhe, . mp ny., .. _ _ p•_ y ., . ,- _., - y... - Company, wherever appearing upon a cert(fiEd.copy otanypo ver of ahomey issued by -the Company in connection tirilti'siirety bonds, shell be Ja11d"arid binding ujion the Company erilh. the same force and effectsis, though manually a6gd :.Daven ort ilia undersi ped Assi'sl"an[S$e �la of American Fire and Casualt Corifpeny, The.Otiio Casualty:lusurance Coh1i)81y Liberty Mutual insurance Company, and: I,GregoryW p- 9. - ryofm -.-.--.._ Y_.._-• West American Insurance.Company do hereby cerL(y that the o - ii f'- ler: v(attorney of yiiltc_h the foregokig:is a full true and'cortecl copy Ohba Povre_r of Attorney executed by said - Companies,'is in full force'and_ effect and has not beenrevoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of sad Companies this )) � day of Y It�1 t % i��. 20 1 rdD CApG: ,yqV ll'15pg *V1NSUq,1 Mc,i r�• - - _ _ _ _ -- - - .'���)a.'t!:•7,�(h -yJ�O`Pa.U``G9�• J~J�gwfOyrF 4,CC'i.'�F7D:-V�rF - -- - ' -' � � -' - � '._: .--�:- ri. yr l^O S 1906 0 0 ; 1919 ' o 1912 a 1991 By Gregory.lN. Davenport, Assistant Sec_ielary:. d���''I(f•a7�-�'krC��D �',s,�"N:tu:S�'f �,D F/j �rrau,N4r 1= � n,O.in� c -. . . 134 of 200 LMS 12873_122013 CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project &4A \le 1Am COM Job No. On receipt by the signer of this document of a check from JAi no4 e P I ba Ix .(maker of check) in the sum of $ 32`t _ b payable to Co 6t%a n Su p p ty (payee or payees of check) and when the check has been property endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claire for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons In the signer's position that the signer has on the property of Ulv of & .&&mon} _ (owner) located at 150 MA Aetth &Vij TX (location) to the following extent: Su p p h c d (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to "r A 64o Ai l. (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly Pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date IL1Zoilq o b yr A w o An (company name) By c--. (Signature) to n p o 2 A {-C C R. Wi ,-'i (Title) THE STATE OF § �. A On this bi+ day of�L6" v 20 1j , before me personally appeared _ Renntt Resevtnf. , known to me to be the person who executed the foregoing, and who being duly sworn stated that he is o omAi of Qo1,t,d n = Swf Qty , that he has authority to execute the foregoing on its behalf, that he is ftrlly familiar wish the facts herein above stat d, and that the same are true and correct. Notary Public in and for+v �„a�1►e_Geut�t3�— Pana��. fl.. ��'� �%r:;� ;i•:i Iii , � I.i i'�, i l : YSTATEMENT . �ria�� AMOUNT DUE: 6,329.66 Coburn Supply Company AMOUNT PAID: PO BOX 99001 CHECK M DENHAM SPRINGS. LA. 70727-9001 PLEASE PUT CUSTOMER NUMBER ON YOUR CHECK: 1227731 STATEMENT DATE: 02/20/19 MAKE CHECK PAYABLE TO AND REMIT TO. HINOTE PLUMBING INC COBURN SUPPLY COMPANY, INC. JOB: BEST YEARS CENTER P.O. BOX 99001 PO BOX 248 DENHAM SPRINGS, LA 70727-9001 ORANGEFIELD, TX 77639-0248 225-243-0191 -- - - --- --- - -- - - - - -- - - - - -- - - - - -- - - - - -- -- aft - Please detach the above stub and return with your remittance. PROCESSING DATE INVOICE ## PO NUMBER AMOUNT PAYMENTS BALANCE 09/12/18 11017662 654161 34,880.24 34,880.24 02/18/19 CHK# 11713 -32,399.79 2,480.45 09/13/18 11017662-1 654161 719.78 3,200.23 09/13/18 11548839 654162 250.75 3,450.95 09/14/18 11551952 654163 10.30 3,461.28 09/17/18 11556338 654164 314.28 3,775.56 09/17/18 0111017662 654161 -353.92 3,421.64 09/19/18 11565240 654165 151.22 3,572.86 09/28/18 11595615 654166 545.56 4,118.42 10/'02/10 11602172 654167 20.17 4,138.59 10/02/18 11604962 654168 306.73. 4,445.32 10/02/18 11605073 654169 6.49 4,451.81 10/03/18 11608644 654170 418.84 4,870.65 10/03/18 11607413 3581796 11.18 4,881.83 10/10/18 11556338-1 654164 76.40 4,958.23 10/10/18 11628135 288.17 5,246.40 10/11/18 11633292 654171 105.62 5,352.02 10/12/18 11638559 654172 919.92 6,271.94 10/15/18 11642522 654172 285.81 6,557.75 10/16/18 11646782 654173 186.68 6,744.43 10/17/18 11646782-1 654173 154.94 6,899.37 10/19/18 11644470 654174 106.19 7,005.56 10/19/18 11658031 3581814 28.97 7,034.53 10/19/18 11656975 654176 19.61 7,054.14 10/22/18 11656681 654178 345.44 7,399.58 10/23/18 11656925 6541475 52.47 7,452.05 10/26/18 11677918 654180 32.74 7,484.79 10/26/18 11676926 654179 715.26 8,200.05 10/31/18 11658244 654177 73.58 8,273.63 11/05/18 11701541 654182 17.19 8,290.82 11/06/18 11706064 SK 482.50 8,773.32 11/12/18 11720935 654200 12.38 8,705.70 11/13/18 CM1107662-1 -881.65 7,904.05 11/20/18 11746006 654-183 53.01 7,957.06 11/20/18 11745101 654183 52.23 8,009.29 12/04/16 11779416 654184 45.99 8,055.28 01/17/19 CM11017662-1 654161 -1,725.62 6,329.66 Project Job No. (.� On receipt by the signer of this document of a check from . (maker of check) in the sum of $. I • payable to Qr'l payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it Is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of !.�wrier located at j r 'MQ (location) to the following extent: (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to. VMA(person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date (Signature) THE STATE OF § name) By COUNTY OP § 11� On this day of /-�' , 20. /4 re me personally appeared � �j %gt='jrd �i %novvn to me to b ' ha rsop h6 ejieogt d. tfig" foregoing, and who being duly swerii stated ttfat he is '� tjip 5' of i! f-�p�6/�f/ Hi'�f he has authority to execute the foregoing on its behalf, that lie is fully fdmiliar with the facts here n above stated, d that t same are.irue and correct. Notary Public in and for j it County ETAMMY 10 LEDERtary ID 11124347251 Commission Expireseptember 27, 2022 CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project BEST YEARS Job No. On receipt by the signer of this document of a check from G & G ENTERPRISES (maker of check) in the sum of $ 37.1387,00 payable to HINOTE PLUMBING, INC (payee or payees of check) and when the check has been properly endorsed and has been paid. by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of CITY OF BEAUMONT (owner) located at 150 MAGNOLIA (location) to the following extent PLUMBING Gob description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or toHINOTE PLUMBING, INC (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay In full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date FEBRUARY 21, 2018 HINOTE PLUMBING. INC (Company name) By r �( \ (Signature) PRESIDENT (Title) THE STATE OF § TEXAS COUNTY OF §_ORANGE /1 �/ On this ' day of " / 2� 20A before me personally appeared U%4/'L y4 JO/ known to me to the ger n who exgctrted %regoing, and who being duly swam stated that he is of nJOj"� /!m NN�� Lrtlr that he has authority to execute the foregoing on its behalf, that he is fully familiar with the facts herein above stated, and�a et th same are true and correct L? ty • Gt✓ Notary Public in and for QJ I County t CASSIE F. WtlllrY •`- my Notary ID # 7311697 i�.�: =� FxplresSune 12,2020 CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT project Best Years Center Job No. On receipt by the signer of this document of a check from aanr WONes—truemn- maker of check) in the sum of $ 3,688.00 payable to Otis Elevator Company (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it Is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to, claim or payment rights for persons In the signer's position that the signer has on the property of City of Beaumont (owner) located at 760 Magnolia S6, Beaumont, TX (location) to the following extent: elevator (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to c a G Dielpfbe: coast -Bron carp. (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services p rovidedfo1r or to the above referenced project up to the date of this waiver and release. �i Date l� vim 1 k � The undersigned has been granted a specific authority only to waive lien rights for labor performed and material Otis Elevator Company (Company name) By provided In consideration of monies paid and is not authorized to waive any other rights or make any other (Signature) agreement herein on behalf of 011s Elevator Company andy wi or any of its affiliated operating units, General M gar (Title) THE STATE OF § COUNTY OF § On this ,,%L+-,_ day of 20 -ft-, before me personally appeared Mandy Winter, known to me to be the person who executed the foregoing, and who being duly sworn stated that she is General Manager of Otis Elevator Cnmpany , that he has authority to execute the foregoing on its behalf, that he is fully familiar with the facts herein above stated, jjand ))that the same are true and correct. Notary Public in and for Harris County, Texas TERfl11VE5T6R00' Notary ;1062600 My Commission Expires Au ust29,2021 9 CONDITIONAL_ WAIVER AND RELEASE ON FINAL. PAYMENT Project City of Beaumont Best Years Center Job No. On receipt by the signer of this document of a check from G & G Enterprises (maker of check) in the sum of 19,500.00 payable to Tri-Star Glass, Inc. (payee or payees of check) and when the check has been property endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to clalm or payment rights for persons in the signer's position that the signer has on the property Cit of Beaumont 780 5 Street, Beaumont TX A g pro e of Y (owner) located at (location) to the following extent: Glass and Glazing (job description). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to G & G Enterprises (person with whom signer contracted). Before any recipient of this document reties on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date February 21, 2019 Tri-Star Glass, Inc. (Company name) By (Signature) President trifle) THE STATE OF § COUNTY OF § On this 21st day of February 2019 , before me personally appeared Michael Whitman known to me to be the person who executed the foregoing, and who being duly sworn stated that he is President of Tri-Star Glass, Inc, 'that he has authoillty to execute the foregoing on its behalf, that he is fully familiar with the facts herein above staled, and that the same are true and correct. L Notary Public in and for Jefferson County MJESSICASPILLER otaryID#1136725 63 oAugust72MY Expires D22r CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project \ o Job No. 1 On receipt by the signer of this document of a check from V i (maker of check) in the sum of x0 $1-1 0 (,tip payable to A 'nr�l� (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of f �� 4 ' VI (owner) located at A • 011A �. (location) to the following extent: i1 Wlt� f((iiiiltl itlfifl(job description). This release covers the final payment to the signer for all labor, services, equipment, or materials fumished to the property or to 5: L �d(13 (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. Date .z. G + f• r ►'l c ti.1 ri :.(l (Company name) By (Signature) (Title) THE STATE OF § —Teym COUNTY OF § 3 e 1" tf i�-911 On this I �1 day of be , the , person who pxecut, 12L..__. 20 161 before me personally appeared , known to me to the foregoing, and who being duly sworn stated that he Is W1111- of ,that he has authority to execute the foregoing on its behalf, that he is fully familiar with the facts same are true and correct. Notary Public in and for �r�rn County Spurr++i RAMIRO NUNE2 JARAMILLO +S��Y PLB i Notary Public, State of Texas Comm. Expires 0301 2021 4jFOF .�` Notary ID 131026166 n r�r11115\ CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project BEST YEARS Job No. On receipt by the signer of this document of a check from G&G ENTERPRIMaker of check) in the sum of $ 51,971.00 payable to Associated,Mechanic4ayee or payees of check) and when the check has been properly endorsed Services, Inc, and has been paid by the bank on which It is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that oomprms with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any, similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of FEST YEARS (owner) located at 150 MAGNOLIA. (location) to the following extent: .HVAC Gob descripfion). This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to G&G Enterprise (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. THE STATE OF COUNTY OF § On this— day of 20�, before me personalty appeared � ' n°�to tom e of the person who executed the ongoing, and. who being duly sworn stated that he is j(� tle has authority to execute the foregoing on its behalf, that he is fully familiar with the facts here ab ve stated, and that the lame are t and correct Notary Public in and fo ntY a�""tiPu'�% KAT�y 7O�4-30-2019 Notary Public. 3v�,•; •+�,c Comm. ExpiresNotary ID project CONDI riONAL WAIVER AND RELEASE ON FINAL PAYMENT. � �� Job No, l On receipt by the signer of this document of a check from fS �" l7 ?� _ (maker Of check) in the sum of a^' ' Vgayable to Y�l� p y e or payeesofcheck) and when the check has been properly bndorsed and has beon paid by the bank on which it is drawn, this document becomes e#fectiye to release any mechanic's sten right, any right arlsillg from a payment bond that complies With a state or federal statute, any common law payment bond right, any claim for payment; and any rights under any similar ordinance, rL46, or statute related to claim or payment rights for persons In the signer`s position that the signer has on the property of `tel �'L) 0�� 6✓4utw ner) located at 151 tt�� lit (location) to the following extent; i-.+8�t! U0�-j'C+�1� tiP�'If�ob ascription). TV. This release covers the final payment to the signer for ail labor, services, equipment, Or materials furnished to. the property or to GIL- 1:51 (person with whom signer contracted), Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received (TOM this ftnal payment to promptly pay in full all of the signer's laborers, subcont(actors, maWialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release. oate_Z � t 9 d � tcS 1 pang name) By nature) (Title) THE STATE OF g _--� COUNTY til= § On this 10 da of G be the y—QjjresY,20 before rite personally appeared SGy►1tp mqKi own to me to pe son t uted ing foregoing, and who being duly sworn stated that he is t^t s'rcje�- it - of h�ilfaI he has authority to execute the foregoing on its behalf, that he Is fully famillar with rhe facls herein a ve stated, and that the sa a are true and correct. ' Notary'Pubfic In and fofJ Jbt%unty CODY WAYNE HENSLEY h1olary iD 0131370250 My Commission EVhs �'�«,° December 4.2021 (� Cr�O'N�D.ITIONAL WAIVER AND RELEASE ON FINAL PAYMEN pT Project.bp l i, -i't/1 Job No. N On receipt by the signer of this document /V t Celent of a check from � 'n w (maker of check) t the suit of (' $ payable to tGd J payee or payees of check) and when the check has been pro eriy endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mecha ilds. Iien right, any right arising from a payment bond that complies with a state or federal statute, any ccmmori law payment bond nigh any claim for payment, and any rights under any similar ordinance, rule, or statut related to claim or payment rights for persons Ii i the slgnet's position that the signer has on the property of '' r , be � (own0r) located at (location) to the following extent: GT-embi_ CK i((its h 61��( o`� fescdptivn). //!► This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to t�e property or tOG4 lrt�' �1Q6erson with whom signer contracted), {[ -Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer wariants that the signer has already paid or will use the funds received from this final payme t to promptly pay in full all of the signer's laborers, subcontractors, materiaimen, and suppliers for all work, materials, services provided for or to the above referenced project up to the date of this waiver and release. Date A . Qv� Qx?i.� 4S_ 525 laktfwe) By (Signature) W VCVQ:As?SIAX nA SM_ Title) r— THE STATE OF § [-Q�OAS COUNTY OF On this day of JVWC11A , 20 before me personally appeared U Qn th o o,..eexecuted he'foregoing, and who being duly sworn slated that Is' br r that he has authority to execute the foregoing on its t ehalf, that he Is hereifl abo e. ted, nd th t the same are true and correct. Notary public in and for ounty EU.." "� JAN SESSIONS WALKERNotary 1D x' 131308280 My Commission Expires,�t* october6.2021 or to me to of RESOLUTION NO. WHEREAS, on July 5, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-121 awarding a contract in the amount of $6,172,800.00 to G & G Enterprises Construction Corp., of Beaumont, Texas, for the construction of the Best Years Center; and, WHEREAS, a project allowance in the amount of $160,500.00 was included in the above noted contract; and, WHEREAS, on February 13, 2017, the City Manager executed Change Order No. 1, in the amount of $7,887.00, to reconnect existing lights, thereby decreasing the project allowance to $152,613.00 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on March 16, 2017, the City Manager executed Change Order No. 2 to approve the extension of the contract time due to inclement weather days for the months of November and December 2016 and January 2017, thereby having no affect on the project allowance of $152,613.00 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on March 16, 2017, the City Manager executed Change Order No. 3 to approve the extension of the contract time due to inclement weather days for the month of February 2017, thereby having no affect on the project allowance of $152,613.00 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on April 17, 2017, the City Manager executed Change Order No. 4 to approve the extension of the contract time due to inclement weather days for the month of March 2017, thereby having no affect on the project allowance amount. of $152,613.00 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on May 24, 2017, the City Manager executed Change Order No. 5, in the amount of $31,306.40, to furnish and install a 1200 main breaker enclosure N3R, CT can, Entergy pull box & knox box; install a 4' PVC conduit from the main transformer to the CT can on the building; furnish and install 4' EMT & junction boxes per SK6; and, lighting repairs at the Skate Park, thereby decreasing the project allowance to $121,306.60 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on May 24 2017, the City Manager executed Change Order No. 6, in the amount of $3,970.00, for irrigation repairs at the Skate Park, thereby decreasing the project allowance to $117,336.60 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on June 23, 2017, the City Manager executed Change Order No. 7 to approve the extension of the contract time due to inclement weather days for the months of April and May 2017, thereby having no affect on the project allowance of $117,336.60 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on August 2, 2017, the City Manager executed Change Order No. 8, to approve the extension of the contract time due to inclement weather days for the month of June 2017, thereby having no affect on the project allowance of $117,336.60 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on August 9, 2017, the City Manager executed Change Order No. 9, in the amount of $7,408.85, for the installation of new security equipment, thereby decreasing the project allowance to $109,927.75 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on August 14, 2017, the City Manager executed Change Order No. 10 to approve the extension of the contract time due to inclement weather days for the month of July 2017, thereby having no affect on the project allowance of $109,927.75 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on February 1, 2018, the City Manager executed Change Order No. 11, in the amount of ($2;205.50), for the difference between fire suppression system piping versus imported piping, thereby increasing the project allowance to $112,133.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on February 1, 2018, the City Manager executed Change Order No. 12 to approve the extension of the contract time due to inclement weather days for the months of early August; late October; November and December 2017; and, August 25 - October 10, 2017 for Hurricane/Tropical Storm Harvey delay time, thereby having no affect on the project allowance of $112,133.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on February 1, 2018, the City Manager executed Change Order No. 13, in the amount of $13,500.00, for air testing and balance, thereby decreasing the project allowance to $98,633.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on March 28, 2018, the City Manager executed Change Order No. 14 to approve the extension of the contract time due to inclement weather days for the months of January and February 2018, thereby having no affect on the project allowance of $98,633.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on April 23, 2018, the City Manager executed Change Order No. 15 to approve the extension of the contract time due to inclement weather days for the month of March 2018, thereby having no affect on the project allowance of $98,633.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on July 26, 2018, the City Manager executed Change Order No. 16 to approve the extension of the contract time due to inclement weather days for the months of April, May and June 2018, thereby having no affect on the project allowance of $98,633.25 and having no affect on the total contract amount of $6,172,800.00; WHEREAS, on August 22, 2018, the City Manager executed Changer Order No. 17, in the amount of $5,734.00, for signage changes, thereby decreasing the project allowance to $92,899.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on September 4, 2018, the City Manager executed Change Order No. 18 to approve the extension of the contract time due to inclement weather days for the month of July 2018, thereby having no affect on the project allowance of $92,899.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, Change Order No. 19 request to approve the extension of the contract time due to inclement weather days was denied, thereby having no affect on the project allowance of $92,899.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on December 17, 2018, the City Manager executed Change Order No. 20 to approve the extension of the contract time due to inclement weather days for the months of August and September 2018, thereby having no affect on the project allowance of $92,899.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on December 17, 2018, the City Manager executed Changer Order No. 21, in the amount of $2,153.00, for additional Exit signage, thereby decreasing the project allowance to $90,746.25 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on December 17, 2018, the City Manager executed Changer Order No. 22, in the amount of $8,871.50, for delivery and installation of eleven (11) Sycamore trees, thereby decreasing the project allowance to $81,874.75 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on December 17, 2018, the City Manager executed Changer Order No. 23, in the amount of $2,500.00, for delivery and installation of ten (10) pallets of Bermuda sod, thereby decreasing the project allowance to $79,374.75 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on January 14, 2019, the City Manager executed Changer Order No. 24, in the amount of $361.79, for the addition of a cellular communications device to the security system, thereby decreasing the project allowance to $79,012.96 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, the project allowance allowed for the purchase of hardware through a contingency allowance amount of $70,000. Hardware was purchased for the project without the necessity of change orders, thereby decreasing the project allowance to $9,012.96 and having no affect on the total contract amount of $6,172,800.00; and, WHEREAS, on January 14, 2019, the City Manager executed Change Order No. 25, in the amount of $9,012.96, for credit of unused project allowances, thereby decreasing the total contract amount to $6,163,787.04 WHEREAS, the project has been inspected by Architectural Alliance, Inc. and the Facilities Maintenance Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the new Lakeside Center be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $308,189.36 to G & G Enterprises Construction Corp., of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - I 11 March 19, 2019 Consider a resolution approving the purchase of an IBS ballistic identification system from Ultra Electronics Forensic Technology, Inc., for use by the Police Department f TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police / MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of an IBIS(9, ballistic identification system from Ultra Electronics Forensic Technology, Inc., for use by the Police Department. BACKGROUND The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) operates a program entitled the National Integrated Ballistic Identification Network (NIBIN). The network is part of an investigative approach to reduce gun violence and improve crime gun intelligence. The main objective is to link firearm related crimes by matching cartridge cases fired from the same firearm. Data is captured using an IBIS BRASSTRAX acquisition system, which uses sophisticated technology to digitally capture markings found on cartridge cases and compare images of ballistic evidence. , The IBIS system will be housed at the police department and used by personnel within the department's Crime Scene Unit to gather data and compare evidence. Total pricing in the amount of $187,376 was obtained from Ultra Electronics Forensic Technology, Inc. which is the sole source manufacturer of the technology. FUNDING SOURCE Confiscated goods provided by ATF RECOMMENDATION Approval of the resolution. FORENSIC TECHNOLOGY February 21, 2019 Chief James Singletary Beaumont Police Department 255 College Street Beaumont TX, 77704 Mr. Mike McDaniel, Director Houston High Intensity Drug Trafficking Area (HIDTA) 15311 Vantage Parkway West Suite 286 Houston, TX 77032 Subject: Sole Source Letter Dear Chief Singletary and Mr. Mike McDaniel, Director: Forensic Technology, Inc. An associate company of Ultra Electronics Forensic Technology Inc. 7975 114th Ave. North, Suite 2500, Largo, FL 33773-5028 Tol[Free +1888 984 4247 www.ultra-forensictechnology.com The IBISTRAX-HD3D products use the IBISTRAX-HD3D technology, encompassing a number of patents protected in the United States and throughout the world. As such, manufacturing and servicing these products require access to proprietary, commercially -sensitive information that is only usable by those employees of Ultra Electronics Forensic Technology Inc. (hereinafter referred to as Forensic Technology), who have been duly authorized and trained to do so. Consequently, Forensic Technology is the only company that can provide their proprietary products, IBIS, IBISTRAX-HD3D (BRASSTRAX-3D Acquisition Station and BULLETTRAX-3D Acquisition Station), MATCHPOINT, MATCHPOINT+ and Data Concentrator hardware and software, as well as maintenance, upgrades and service, including data migration, moving and training services pertaining thereto. Furthermore, IBISTRAX-3D and IBISTRAX-HD3D, currently in use in the United States under the ATF NIBIN program, is the only technology that will work on the NIBIN Network, as other technologies are not compatible with the NIBIN Network. Sincerely, Brandon Huntley Manager, Forensic Intelligence Strategy - North America @2019 Ultra Electronics Foiensic Technology Inc. All rights reserved. FORENSIC TECHNOLOGY BUDGETARY PROPOSAL For an IBIS® TRAX-1-11331)T"' SOLUTION Submitted to the: Beaumont Police Department 255 College Street Beaumont, TX 77704 Attention: Mr. Mike McDaniel, Director Houston High Intensity Drug Trafficking Area (HIDTA) and Chief James Singletary Beaumont Police Department By: Forensic Technology, Inc. An associate company of Ultra Electronics Forensic Technology Inc. 7975 114th Ave. North, Suite 2500 Largo, FL 33773-5028 Date: February 21, 2019 Our Reference No.: S-06593, Rev. 03 The information, technical data, concepts, and designs disclosed herein are the exclusive property and contain proprietary rights, trade secret and confidential business or financial information of Ultra Electronics Forensic Technology Inc. or others that are exempt from disclosure under the Freedom of information Act, that are not to be used, copied, or disclosed to any other party without the advanced written consent of Ultra Electronics Forensic Technology Inc. The recipient of this document, by its retention and use, agrees to hold in confidence the information, technical data, concepts, and designs contained herein. CONTENTS 1 Executive Summary................................................................:.......... 1 2 About Forensic Technology........... a .......... ........ a ... Nona ......................... 3 3 Product Description........................................................................... 4 3.1 BRASSTRAX Acquisition Station.................................................................................... 5 3.2 PAG800 Stereo Zoom Microscope.................................................................................. 6 3.3 Networking........................................................................................................................ 6 4 Pricing and .Standard Terms.............................................................. 8 4.1 Option 1.............................................................................................................................8 4.2 Option 2............................................................................................................................. 8 4.3 Standard Terms................................................................................................................. 9 5 Training Program............................................................................. 11 5.1 Online Introductory Training.........................................................................................11 5.2 Onsite Training................................................................................................................12 5.3 . Post -Training Support ....................................................................................................12 5.4 Equipment and Trainee Availability..............................................................................12 5.5 Training Procedure.........................................................................................................13 5.6 User Documentation........................................................................................................13 5.7 Training - Manufacturer's Recommendation..............................................................13 6 System Deployment......................................................................... 14 6.1 Pre -Routing Information................................................................................................14 6.2 Site Survey......................................................................................................................14 6.3 Equipment Transport and Delivery ...............................................................................14 6.4 Storage Requirements...................................................................................................15 6.5 Guidelines for Installation Site......................................................................................15 6.6 Installation.......................................................................................................................18 6.7 On -Site Acceptance........................................................................................................18 7 SafeGuard Warranty and Protection Plan ....................................... 19 7.1 Support Center...............:...........................................................................:....................19 7.2 Technical Support ...........................................................................................................20 7.3 Proactive Warning Service (PWS).................................................................................21 7.4 Replacement of Defective Hardware............................................................................. 21 7.5 Preventive Maintenance Visit........................................................................................ 22 7.6 e-Learning........................................................................................................................22 7.7 Coaching 7.8 Correction of IBIS Application Errors (Software Bugs) .............................................. 23 7.9 Software Upgrades (IBIS TRAX only)........................................................................... 23 7.10 Customer Care Program................................................................................................ 25 7.11 Annual Status Report ...................................................................................:.................25 7.12 Travel and Living Expenses..........................................................................................25 7.13 Advanced Security..........................................................................................................25 7.14 SafeGuard Specific Terms..............................................................:..............................26 7.15 Optional Services............................................................................................................27 8 Other Terms of Business................................................................. 28 8.1 Dispute Resolution.............................................................................................:........... 28 8.2 Limitation of Liability......................................................................................................28 8.3 Termination for Convenience........................................................................................28 8.4 Force Majeure..................................................................................................................28 8.5 Software License Agreement........................................................................................ 29 8.6 Privacy of Personal Data................................................................................................ 29 Our Reference #: S-06593, Rev. 03 February 21, 2019 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department 1 , Executive Summary Forensic Technology Inc., an associate company of Ultra Electronics Forensic Technology Inc. (hereinafter referred to as Forensic Technology) is pleased to provide the Beaumont Police Department (hereinafter referred to as the Customer) with this budgetary price quote for options of our latest generation of Integrated Ballistics Identification System (IBIS°) and Projectina Stereo Zoom Microscope. Option Description Total Price (USD) 1 - One (1) BRASSTRAXTm Acquisition Station $131,500 2 - One (1) PAG800 Stereo Zoom Microscope for,forensic applications $5,113 Services include installation and commissioning, Shipping and handling charges DDP Customer Premises (Incoterms 2010), on-site training for up to two (2) trainees, and four-year warranty for option 1 above. $50,763 - Travel and living expenses for Forensic Technology's Installer and Instructor. Total (US Dollars) $187,376 The IBIS® BRASSTRAXrm Acquisition Station'will allow the Customer to respectively collect 2D and 3D images of cartridge case evidence. The captured images will be stored on a remote NIBIN-IBIS® Data Concentrator and subsequently correlated on a remote NIBIN-IBIS® Correlation Server. It is assumed that the analysis of the correlation results will be performed at another location or another agency where a MATCHPOINT Analysis Station for Cartridge Cases is available. Option 2 offers a high-resolution stereo -zoom microscope that can be used by the Customer to perform triage of ballistic evidence and other analysis requiring high magnification. Based on which option is purchased, the following services (as indicated in section 4) can be included: • On-site installation and start-up by our certified technicians • On-site training of system users • Four-year (Option 1) and one-year (Option 2) warranty covering parts, labor and software upgrades • Technical hotline, 24 hours a day, 7 days a week • Travel and living expenses for our installer and instructor • Shipping charges DDP Customer Premises (Incoterms 2010) The following sections provide additional details on this budgetary proposal, including system overview, conditions of sale, and warranty. Our Reference #: S-06593, Rev. 03 February 21, 2019 1 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department Your Contact at Forensic Technology Should you have any questions about this proposal, please do not hesitate to contact Mr. Brandon Huntley in Phoenix, Arizona, United States at telephone number +160.2 826 8802 or via e-mail at brandon.huntley@ultra-ft.com. Our Reference #: S-06593, Rev. 03 February 21, 2019 2 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department 2 About Forensic Technology Forensic Technology started its operations in January 1991, when Walsh Automation Inc. formed a division dedicated to increasing the effectiveness of forensic science through the application of automation technology. Today, Forensic Technology employs more than 250 people worldwide from a variety of disciplines, including engineering, forensic science, information technology, law enforcement and security — all engaged in providing ballistic identification and analysis solutions with IBIS. Over the past 25 years, Forensic Technology has cultivated world-class expertise in understanding the unique markings left on spent bullets and cartridge cases from thousands of different firearms and ammunition types, and has built a series of robust correlation algorithms capable of sifting through millions of exhibits to provide prospective matches to firearms examiners. Our investment in the development of automated acquisition techniques, high- performance correlation algorithms and intuitive analysis tools is driven by a highly qualified team of scientists, recognized for their depth of knowledge in the field of forensic ballistics. In 2011, Forensic Technology acquired Projectina AG, a world leader in the development and manufacture of forensic science products and high-end optical components. Projectina's comparison microscopes, document examination instruments and crime scene products complement Forensic Technology's core competencies. In 2014, Forensic Technology and its subsidiaries were acquired by Ultra Electronics Holdings plc (b=://www.ultra-electronics.com), a successful defense, security, transport and energy company with a long, consistent track record of development and growth. Ultra Electronics manages a portfolio of specialist capabilities generating innovative solutions to customer needs. Ultra applies electronic and software technologies in demanding and critical environments ranging from military applications, through safety -critical devices in aircraft, to nuclear controls and sensor measurement. These capabilities have seen Ultra's highly differentiated products contributing to a large number of platforms and programs. Governments and agencies in 70 countries and territories depend on Forensic Technology for cost-effective and reliable solutions that solve firearm -related crime and promote a safer society. To provide support, Forensic Technology has offices around the world, including: • Montreal, Quebec, Canada (head office and training center) • Largo, Florida, USA (customer support and training center) • Dublin, Ireland (customer support) • Pretoria, South Africa (customer support) • Bangkok, Thailand (customer support) • Heerbrugg, Switzerland (Projectina head office and training center) Forensic Technology has deployed almost 1,200 systems at 413 customer locations including the Royal Canadian Mounted Police (RCMP); the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the South African Police Service (SAPS); the Australian Crime Intelligence Commission (ACIC); the London Metropolitan Police; and the Netherlands Forensic Institute (NFI). A complete listing of our customers by country and by agency is available upon request. Our Reference #: S-06593, Rev. 03 February 21, 2019 3 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department 3 Product Description Forensic Technology offers modular and scalable ballistic identification solutions that cater to the needs of Customers. We provide a series of system components that, when interconnected via an Ethernet Local Area Network (LAN) or Wide Area Network (WAN), create the required automated ballistic identification system. In addition, our IBIS TRAX-HD3D system can be complemented with Projectina comparison and/or stereo zoom microscopes providing Customers with complete ballistic analysis solutions. Capture I BRASSTRAX BULLETTRAX 1�3iS1RAXHD3o 'Store z DATA CONCENTRATOR Correlate M C 0 d CORRELATION SERVER Analyze MATCHPOINT Below is a list of the proposed products followed by a functional description of each product. • BRASSTRAX Acquisition Station • PAG800 Stereo Zoom Microscope for forensic applications Our Reference #: S-06593, Rev. 03 February 21, 2019 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 4 IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department 3.1 BRASSTRAXAcquisition Station BRASSTRAX is the cartridge case -imaging component of the IBIS TRAX-HD3D product family. It digitally captures the areas of interest from the head of a cartridge case in 2D and 31), offering considerable impression detail and multiple viewing perspectives. BRASSTRAX is designed as a user-friendly, automated system that can be operated by law enforcement personnel who have minimal specialized training. BRASSTRAX is equipped with cutting-edge 3D technology that allows the capture of high-definition 3D topography at the micrometer level, in addition to the high-resolution 2D images that are compatible with images from previous IBIS versions. This 3D technology was custom-designed by Forensic Technology to provide optimal performance for the specific characteristics of cartridge cases. BRASSTRAX uploads the acquired data to the Data Concentrator, which processes it for correlation by the Correlation Server. Features Figure 1— BRASSTRAX Acquisition Station • Management of case, cartridge case exhibit, and firearm exhibit information • Automated capture of the primer area, including breech face mark, centerfire firing pin impression, in 2D and 3D, as well as the complete head stamp • Semi -automated capture of ejector mark and rim fire firing pin impression, in 2D and 3D • Multiple light sources, including the patented IBIS ring light • Multiple magnification levels • Support of all calibers ranging from 0.17 to 0.50 and from 410 bore to 10. gauge for shot shells - • Superior 2D image quality and 3D data precision for greater correlation accuracy and optimal visual comparison capabilities • Automated positioning, focus, lighting, and region -of -interest outlining • Automated flowback and washout detection and correction • Automated self -test and adjustment • Automated acquisition reduces operator variability and ensures consistent image quality for optimal comparison performance • Hands-off operation allows multitasking • Minimal user training and expertise to operate • Detailed online help and user guides Our Reference #: S-06593, Rev. 03 February 21, 2019 5 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetanj Proposal for the Beaumont Police Department 3.2 PAG800 Stereo Zoom Microscope When examining microscopic evidence, forensic investigators demand the sharpest possible image. With a 1:6.3 zoom ratio and a 115mm working distance, the PAG800 microscope delivers crisp and high-contrast stereo images that meet the highest standards. For additional flexibility, multiple LED and cold light sources are available as are specialty reticules. In addition, the Trinocular model supports digital documentation. Its features include: Figure 2 — PAG800 Stereo Zoom Microscope FLEXIBLE Multiple lighting options and a working distance of 115 mm (4.5 inches) for 8x to 50x magnification WIDE MAGNIFICATION RANGE 8x to 50x SEALED Airtight construction prevents contamination from dust, oil, water, and mold in hot, humid environments. OPTIONAL ACCESSORIES Microscope stand, transmitted illumination, multiple LED and cold (not included in this proposal) light sources, including ring lights, goose necks, and flexible light guides; optional crosshair and micrometer reticules 3.3 Networking IBIS features networking capabilities using the TCP/IP communications protocol. An IBIS network is fully compliant with industry standards for communication services such as SDSL, cable, satellite, and Ethernet. The implementation of a network will extend the features of IBIS across a nation and beyond its borders. Some of these features include: • Access to a shared Correlation Server and Data Concentrator • Quickly share information across jurisdictions without depending on human intervention to transfer data • Automatic correlation of newly acquired exhibits against an IBIS database, which could be based on geographical regions, with regional and national coverage • Ability to request that a manual correlation be performed against a specific database subset that may differ from that of the automatic correlation request • Update of common data to ensure data synchronization at all IBIS sites • Image transfer from any site to any site for comparison purposes • Generation of statistical and data reports from any analysis station on the network Our Reference #: S-06593, Rev. 03 February21, 2019 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department Please refer to section 6.5.4 Communications Lines for Providing Remote Technical Support and Networking IBIS Systems for complete details on the required communications lines. VOTE: ATF will `be fully responsible for the,provision, maintenance' and financing of all telecommunication lines. H I Our Reference #: S-06593, Rev. 03 February 21, 2019 7 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetan,/ Proposal for the Beaumont Police Department 4 Pricing and Standard Terms This section delineates our prices and standard terms. 4.1 Option 1 Item Description Total Price Qty Total Price (USD) (USD) PAG800 Stereo Zoom Microscope, comprising: BRASSTRAX Acquisition Station 1 • • Including one (1) Printer $131,500 Services include installation and commissioning, Shipping and handling charges DDP Customer Premises (Incoterms 2010), on-site training for 2, up to two (2) trainees, and four-year warranty for item 1 listed above. $50,763 Eyepieces WF 10x/22 - Travel and living expenses for Forensic Technology's Installer and Instructor. - Integrated objective 1x with 115 mm working 3. TOTAL (US Dollars) $182,263 4.2 Option 2 Item Description Unit Price Qty Total Price (USD) PAG800 Stereo Zoom Microscope, comprising: - Magnification range 8x -50x - Trinocular Tube with Zoom Ratio 6:3:1 Eyepieces WF 10x/22 4• - Integrated objective 1x with 115 mm working $5,113 1 lot $5,113 distance Services include one-year warranty, shipping and handling charges DDP Customer Premises Incoterms 2010 TOTAL (US Dollars) $5,113 NOTES: 1. Extended warranty is not applicable to the PAG800. After the initial one-year warranty, labor and material charges for repairs to the PAG800 will be for the Customer's account. 2. Since the Customer has provided Forensic Technology with a valid'Tax Exemption Certificate, no State Sales Tax has been added to the pricing above. Our Reference #: S-06593, Rev. 03 February 21, 2019 8 Use or disclosure of this, data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Deparhnent 4.3 Standard Terms 4.3.1 Budgetary Proposal/Offer Validity Period This is a budgetary proposal, designed to provide information on the prices of our products and services. It reflects our best estimate of the true and necessary expenditures for the project. As such, all information in this proposal, including without limitation price, technical specifications and delays in delivery, is subject to confirmation prior to acceptance by Forensic Technology of a contract or purchase order issued by the Customer. All information is current as at the date of issuance of this proposal and is expected to remain substantially the same until May 31, 2019. 4.3.2 Currency All prices are quoted in United States Dollars. 4.3.3 Payment Terms Forensic Technology will honor the terms under Texas Government Code 2251, and offers terms of payment of 100% net thirty (30) days after the goods have been delivered and services have been completed. 4.3.4 Delivery The delivery of the equipment will be within one hundred and twenty (120) days after receipt and acceptance of order. 4.3.5 Shipping The equipment will be shipped DDP Customer Premises (Incoterms 2010). Forensic Technology will be responsible for shipping the goods from its factory to the installation site. 4.3.6 Duties, Taxes, Fees, Charges and Assessments Forensic Technology will be responsible for all charges related to exportation, customs clearance and importation of the goods, as well as duties and taxes related thereto. However, the quoted price excludes any income, and/or withholding taxes, as well as extraordinary storage fees, which will be for the Customer's account. 4.3.7 Warranties, Material, Workmanship, and Title Forensic Technology warrants to the Customer that all products delivered by Forensic Technology shall be new and free from defects in material, workmanship, and title. Forensic Technology expressly warrants the products manufactured by it, as meeting the applicable Forensic Technology specifications. Forensic Technology makes no other warranties either expressed or implied (including without limitation warranties as to merchantability or fitness for a particular purpose). The Customer retains responsibility for the application and functional adequacy of the purchased system. The Customer or any other third party must not alter the system's configuration, either by installing hardware/software or modifying system parameters. Should any modifications be Our Reference #: S-06593, Rev. 03 February 21, 2019 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department performed by any party other than Forensic Technology, Forensic Technology reserves the right to void the balance of the system's warranty. 4.3.8 Property Title and Risk of Loss Title and risk of loss of the equipment shall pass to the Customer when the equipment arrives at the point of delivery, regardless of completion of on-site Test Procedure and other services required under the contract. 4.3.9 Connection to NIBIN This proposal assumes that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will grant the Customer access to the National Integrated Ballistic Information Network (NIBIN), a NIBIN-113IS Data Concentrator and a NIBIN-IBIS Correlation Server. A Memorandum of Agreement (MOA) between the two (2) agencies must be in place. Our Reference #: S-06593, Rev. 03 February 21, 2019 _ 10 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department 5 Training Program The proposed solution includes a comprehensive multi -step training program to be delivered in English online and at the Customer site. If the trainees are not already ATF -certified NIBIN users, they will have to pass an ATF competency test in order to be granted access to NIBIN by ATF. 5.1 Online Introductory Training Upon confirmation from the Customer of the names and titles of trainees, Forensic Technology will provide online training credentials. These credentials will allow the trainees to access two (2) introductory online courses: Firearms 101 and Cartridge Case Triage. These courses are introductory level, and designed for trainees who are not yet familiar with the design/function of firearms, distinguishing features of bullets and cartridge cases, screening of evidence collected at crime scenes, or evidence handling protocol when using an IBIS TRAX acquisition station. Based on their prior knowledge levels, trainees may be asked to complete one (1) or both of these courses prior to the start of Basic User Training. 5.1.1 Firearms 101: Firearms Knowledge for the IBIS TRAX User The purpose of this course is to give an IBIS TRAX trainee with no prior firearms knowledge a foundation of the core terminology needed to properly classify fired cartridge case and bullet exhibits in their IBIS database. The video presentation will cover the basics of firearm identification in regards to firearm and ammunition function along with what markings are transferred from the firearm to the fired cartridge case and bullet. Upon completing the tutorial the trainee should be comfortable in recognizing exhibit features including Breech Face, Firing Pin, Ejector, Extractor and Drag Marks on cartridge cases as well as LEAs, GEAs, Rifling Types and Direction of Twist on bullets. Duration: Approximately ninety (90) minutes. 5.1.2 Cartridge Case Triage The purpose of this course is to provide trainees with basic instruction in how to sample multiple cartridge cases submitted from a single scene to avoid replicate entries from the same firearm. Trainees will learn to identify and understand the significance of various firearm produced markings to help them sort through multiple fired cartridge cases such that at least one representative cartridge case from each gun can be sampled and acquired without the need to perform an exhaustive comparison. This training will include a lecture portion addressing the class characteristics that are used to triage cartridge cases and discuss other firearm produced markings that may be found on cartridge cases. It will also include practical exercises in which the trainees will have high quality digital images of ten different cartridge cases in each exercise and be asked to determine which cartridge cases should be grouped together. Duration: Lecture — two (2) hours, Practical Exercises — four (4) hours. Our Reference #: S-06593, Rev. 03 February 21, 2019 11 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department NOTES: 1. _ The Cartridge Case Triage "Course does not, qualify anyone to vmake definitive common "source conclusions and is not designed to be performed with a comparison microscope. It` is a sampling; strategy only; • helping promote timely and comprehensive data collection.. 2. If'the Customer prefers to receive the Cartridge Case Triage Course onsite, a;proposal "can' be provided. Please contact'your Forensic Technology representative for more information.-, 5.2 Onsite Training 5.2.1 IBIS TRAX Basic User Training Option" Description, Duration 1 The BRASSTRAX training will be facilitated by one (1) certified Four (4) consecutive instructor for a maximum of two (2) trainees. working days 2. PAG800 Stereo Zoom Microscope for forensic applications Not required due to its ease of use The Basic User Training is adapted to reflect the products procured by the Customer, and may include the following topics: • System components • Image management and analysis • Navigation of Graphical User • Hit management Interface (GUI) • Reports • Case management • Data backup • Acquisition protocols • Numerous practical exercises • Interpretation of correlation results NOTE'- . The Customer is entitled to coaching services during the °first year of the IBIS system" warrant; please refer to Section 7.7 for further details. 5.3 Post -Training Support Once all training has been completed, trainees can continue contacting Forensic Technology's support center which, if needed, will put them in contact with an instructor for post -training support. This service is available via telephone or e-mail and as long as the equipment is under warranty or covered by the SafeGuard Extended Warranty and Protection Plan. 5.4 Equipment and Trainee Availability During the on-site training, the equipment and the trainees must be made available to the instructor for the required number of working days. NOTE: If equipment and/or trainee availability is restricted for any reason and results in the requirement'for the instructor to extend his- stay and/or'return on-site at a later " date to complete the training, all additional expenses for the instructor pertaining to such event(s) will be for.the Customer's account. Our Reference #: S-06593, Rev. 03 February 21, 2019 12 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. l IBIS TRAX-HD3D Budgetanj Proposal for the Beaumont Police Department 5,5 Training Procedure In order to maximize the training experience, the following procedure must be followed: • The trainees must commit to attend each of the number of days of their training. • It is expected that trainees possess basic knowledge of computers. • At the end of the Basic User Training, the trainees' abilities will be assessed by the instructor. • Following the Basic User Training, trainees should begin acquiring specimens in the workplace almost immediately in order to refine their newly learned skills and obtain high- quality acquisitions. 5.6 User Documentation Trainees will be given English language user documentation. 5.7 Training — Manufacturer's Recommendation In order to maximize the Customer's investment in the IBIS technology, Forensic Technology strongly recommends that all system operators be trained by a Forensic Technology certified instructor prior to use. This will ensure that the installed technology achieves the expected results and meets its intended purpose. Completing system training with a certified instructor also facilitates receipt of support and assistance from Forensic Technology's Global Customer Services team. Our Reference #: S-06593, Rev. 03 February 21, 2019 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetanj Proposal for the Beaumont Police Department 6 System Deployment Al Pre -Routing Information At contract award or shortly thereafter, the Customer will be asked for information in order to accelerate and optimize the deployment process, as follows: • Detailed consignee information (contact names, addresses and coordinates) • Documentation requirements • Any other pertinent information 6,2 Site Survey The purpose of a site survey is to verify that the site(s) selected by the Customer for the installation of the system comply with the facility requirements described in section 6.5. Ahead of equipment shipment, Forensic Technology requires that the Customer conduct a site survey and provide supporting documentation, including but not limited to: • Photographs and floor plan with dimensions of the proposed location • Confirmation of network and electrical systems • Description of environmental factors, for example: temperature, humidity, dust free environment, and exposure to direct sunlight Further guidance on the site survey and supporting documentation will be provided by Forensic Technology at contract award or shortly thereafter. In the event the Customer does not complete the site survey and Forensic Technology needs to send a field technician on-site to complete the review, a fee of US$2,200 will be for the Customer's account. Upon completion of the site survey, Forensic Technology will either provide confirmation of site acceptance, or will outline instructions and recommendations that the Customer needs to carry out to ensure the site is ready to receive the system. NOTE: If, at installation time, one or more sites do not fully meet .our facility requirements; and our technician has to return on-site or extend his visit to complete the installation, all additional expenses (labor, travel, living, etc.) incurred by Forensic Technology will be charged to the Customer. 6.3 Equipment Transport and Delivery After successful factory tests, the system will be disassembled, packed and delivered to the Customer for installation by Forensic Technology qualified personnel. The Customer will be responsible for the following: • Supplying suitable off-loading facilities, forklift, dolly, and other moving equipment • Preparing the room where the equipment will be located, including the provision of suitable electrical power and communication lines (refer to section 6.5 below) Our Reference #: S-06593, Rev. 03 February 21, 2019 14 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department • Insuring the room where the equipment will be located is air-conditioned, has a room temperature between 15 and 30 degrees Celsius (59 to 86 degrees Fahrenheit) with a relative humidity between 40 and 70% • Providing access to the installation site, including access during off -hours if so required 6.4 Storage Requirements In the event that the delivered system(s) will be kept in storage prior to installation, the storage facility will need to meet the requirements described below. 6.4.1 Storage Facility , While in'storage, Forensic Technology products must remain crated in their shipping crates. These crates must be stored in a storage facility that is well protected against extreme weather conditions and that has a clean and controlled environment. Extreme cold, high temperatures, high humidity, and the presence of dust and corrosive elements in the air all affect the life expectancy of our products. 6.4.2 Temperature The temperature of the storage facility must be maintained between 0 and 50 degrees Celsius (32 to 122 degrees Fahrenheit) with humidity from 30% - 60%.Temperatures that are too low should also be avoided; temperatures lower than 0 degrees Celsius (32 degrees Fahrenheit) may actually harm the material and shorten, rather than extend, life expectancies. Rapid temperature changes are also undesirable as they introduce stresses. 6.4.3 Vibration The storage facility cannot be subject to vibrations. Any vibration near our products can cause potential damage to the mechanical and computerized systems. 6.4.4 Battery Storage Batteries should be kept at 20°C (68°F) for optimum battery storage and at 0 to 95% non - condensing relative humidity. It is very important to note that these batteries need to be recharged after 4 to 6 months of storage in order to keep their life expectancy and functionality. NOTE: ' Batteries; contain heavy, metals such as mercury, lead, cadmium, and nickel, which can contaminate the environmeA.t When batteries .are improperly disposed of. Please refer to the country regulations regarding battery disposal. 6.5 Guidelines for Installation Site Forensic Technology will provide the Customer with the formal facility requirements. document at the start of the project. 6.5.1 Footprint The Customer will need to provide a room with sufficient space to house the system components. The footprint required for each component is detailed below: Our Reference #: S-06593, Rev. 03 February21, 2019 15 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department BRASSTRAX Acquisition Station The BRASSTRAX Acquisition Station can be installed on a sturdy table or desktop, which is to be supplied by the Customer. Both the table and work desk need to be next to each other and when combined with the operator's chair and access space require a footprint of W91" (231 cm) x D97' (247 cm) x standard room height. Printer The printer rests on a table that is to be supplied by the Customer. The table needs to be installed next to either the BRASSTRAX Acquisition Station or the MATCHPOINT Analysis Station. The footprint for this table would be approximately W23" (58 cm) x D30" (76 cm) x standard room height. PAG800 Stereo -Zoom Microscope The PAG800 can be installed on a table, desk or working bench supplied by the Customer. Its footprint is approximately W12" (30 cm) x D12" (30 cm) x H18" (45 cm) without camera. 6.5.2 Power Source Requirements Equipment Power Source Requirement Circuit Breaker Rating Approx.'Heat Dissipation . (BTU Per Hour) BRASSTRAX Acquisition Station with 100 —120 VAC 60 Hz single phase; or 2000 VA 4700 computer and monitor 220 — 240 VAC 50 Hz single phase Printer 100 —120 VAC 60 Hz single phase; or 1000 VA 3500 220 — 240 VAC 50 Hz single phase PAG800 Stereo Zoom Microscope 100 — 240 VAC 60/50 Hz single phase n/a Power consumption 30W maximum 6.5.3 Environment Air conditioning is mandatory. The Customer must maintain, the temperature of the ro6m(s) housing the system between 15 to 30 degrees Celsius (59 to 86 degrees Fahrenheit) with a relative humidity between 40 and 70% at all times. Forensic Technology recommends that the system be installed.in a climate -controlled location with a relatively dust -free operating environment. Carpeting is not recommended. 6.5.4 Communications Lines for Providing Remote Technical Support and Networking IBIS Systems The Customer will have to furnish the communications lines needed for Forensic Technology to provide remote technical support and, if necessary, for networking with other IBIS Systems. For remote technical support, the Customer must provide and maintain one dedicated telephone line and one high-speed Internet line (see specifications below). It is also recommended that the Customer have available one dial-up modem line to be used as a backup link when the high-speed Internet line is non-functional. Dedicated communications lines are required to satisfy security and bandwidth concerns. — Our Reference #: S-06593, Rev. 03 February 21, 2019 16 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department For networking with other IBIS Systems, the same high-speed Internet line as used for remote technical support can be employed assuming the bandwidth requirements listed below are met. Specifications for High -Speed Internet Line Type 1. Direct uncontended Internet connections (e.g., E1 or T1 leased line to the (in order of Internet) preference) 2. Long range (or Metro) Ethernet 3. A spare public IP address from the customer's own corporate network 4. Business Grade SDSL (i.e., preferably with a high quality Internet service provider (ISP) service level agreement (SLA) and not more than 10:1 contention ratio) 5. Cable 6. Satellite 7. ADSL: This is the least preferred choice that should be selected only if no other options are available. Service Level 95% availability recommended to ensure optimal network performance and Agreement high-quality service Line Speed for Minimum of 512 kbps download and upload, with contention ratio of not more Standalone System than 20:1 Line Speed for Minimum of 1 Mbps download and upload, with contention ratio of not more Network of Systems than 10:1 IP Address Fixed Public Ethernet IP address (PPPoA can be supported if only an ATM circuit is available) IP Address Statically configured or dynamically assigned (but IP address must not Assignment change) Grade Business.grade with support for IPsec VPN protocol Physical Connection Ethernet RJ -45 Other Requirements ■ Provide Forensic Technology with Fixed Public IP address, Subnet Mask value, Gateway value, and DNS address. ■ The service provider equipment (e.g., modem) must not be configured with any security (i.e., no firewall) or NAT (Network Address Translation). ■ The provision of an analog, dial-up modem line is recommended. It will be used as a backup to the high-speed internet line in case the latter becomes non-functional. ■ Grant Forensic Technology authorization to contact the service provider directly to resolve any technical issues that may arise with the high- speed Internet line. NOTE: ` ° ATF will be fully responsible for procuring, furnishing and financing all communications lines. Forensic Technology will not be liable for the lack of technical,support to the ,Customer due to unsuitable communications lines. Our Reference #: S-06593, Rev. 03 February 21, 2019 17 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department 6.5.5 Local Area Network (LAN) The various components of the proposed system are interconnected via a Fast Ethernet (100Base-T) LAN. Following are the connectivity requirements: • The maximum distance between system components on the LAN is 100 meters when CAT 5E or CAT 6 cabling terminated with RJ -45 connectors is being used. For longer distances, repeaters must be installed. • If all the system components are to be installed in the same room and the length of the LAN cable run does not exceed 30m / 100', Forensic Technology will be able to provide the hardware, and the labor needed to set up the LAN. This labor will be limited to performing work on Forensic Technology components. • If there is one or more system components to be installed in the same building but at different locations (i.e. not in the same room, floor), then Forensic Technology will require collaboration from the Customer's local IT and building maintenance staff to facilitate the installation. The network infrastructure should be Category 5 or 6 compliant and terminated with an RJ -45 connector. Any network point provided should be within 2m / 79" of the component. 6.6 Installation The installation of the system at the Customer -prepared site will be concluded within one (1) working day. If Option 2 is purchased in addition with a TRAX product, our field technician will unpack and install the PAG800 at the same time as the TRAX equipment. If Option 2 is purchased standalone, the Customer will be responsible for unpacking and installation. This proposal assumes the Customer will provide one (1) able-bodied person to assist the Forensic Technology field technician with equipment lifting during the installation. The Customer must assign and provide the person's name to Forensic Technology prior to the planned installation date. The Customer will be responsible for ensuring this person has adequate bodily injury insurance coverage. If the Customer cannot provide this person, Forensic Technology will be required to send two (2) field technicians and charge the cost to the Customer. 6.7 On -Site Acceptance Following the installation of the system at the Customer site, Forensic Technology will execute a Test Procedure. Upon the successful completion of this on-site Test Procedure, the system shall be deemed accepted and the Customer's authorized personnel shall be required to sign the Certificate of Conformance and Final Customer Acceptance form. The warranty commences upon the successful completion of the on-site Test Procedure. Acceptance on-site is not to be construed as transfer of title of ownership to the Customer, which is addressed under paragraph 4.3.8 herein. Our Reference M S-06593, Rev. 03 February 21, 2019 18 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department 7 SafeGuard Warranty and Protection Plan The BRASSTRAX Acquisition Station includes a four-year, wide -coverage warranty (parts and labor) that commences upon'the successful completion of the on-site Test Procedure (refer to section 6.7), or three (3) months from the date of shipment, whichever comes first. . Forensic Technology's SafeGuard plan ensures that a Customer's investment yields exceptional results on a consistent basis by maintaining the BRASSTRAX Acquisition Station at an optimal performance standard. The intrinsic value of SafeGuard is its time -resilient protection of the Customer's technology investment that, in turn, results in the benefits provided by an effective and sustainable solution. Following the expiration of the standard warranty, Forensic Technology offers Customers its SafeGuard Extended Warranty and Protection Plan. Forensic Technology strongly recommends that Customers invest in SafeGuard to protect their assets in subsequent years. The contract value of SafeGuard for the first follow-on year represents a percentage per annum of the purchased equipment list price. Fees for subsequent years will be indexed annually. Forensic Technology strives to achieve excellence in delivering Customer Services. Our mission is to provide Customers with first class services that exceed industry standards for quality, security, and Customer satisfaction. To reach this goal, Forensic Technology has become ISO certified and models its support services on Information Technology Infrastructure Library (ITIL) best practices. Services Covered by SafeGuard Our standard warranty and SafeGuard plan provides Customers with the following services: 7.1 Support Center Forensic Technology has an international support center to serve Customers that subscribe to SafeGuard. The support center provides: • Customer and technical support via telephone and/or e-mail • 24/7 telephone hot line with call-back within one (1) hour • Dedicated toll-free telephone number (if available) • Internet e-mail address: fti.support@ultra-ft.com • Support resources at Forensic Technology's Web site: www.ultra=forensictedmology.com. Calls can be placed twenty-four (24) hours a day, seven (7) days a week. If support personnel cannot answer the call immediately, the Customer can leave a voice message and can expect a return call within one hour. Our first line support personnel are an excellent resource for assistance to operators with system -related questions. Our Reference #: S-06593, Rev. 03 February 21, 2019 19 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetanj Proposal for the Beaumont Police Department 7.2 Technical Support Forensic Technology provides technical support to diagnose and resolve problems. These support tasks are performed using communication channels provided by both Forensic Technology and the Customer in the following sequence:. 1. Telephone and emails: These communication channels work for simple incidents where Forensic Technology can guide the user through the solution that does not require a Support Specialist to connect to the site. 2. Remote support: This method is used in the vast majority of cases to ensure a quick incident resolution by using a connection to the Customer site using the Customer provided support communication lines. Remote support has the added benefit that incident resolution can be pursued 24/7 by Forensic Technology support personnel, assisted by product experts and developers upon requirement. 3. On-site diagnosis visit: If telephone, email or remote support (please refer to Standard Terms section 7.14.4) cannot complete the diagnosis and solve the incident, Forensic Technology may dispatch the appropriate resource to the Customer site. 4. On-site repair visit: If an on-site repair visit is deemed necessary following the diagnosis, Forensic Technology will send spare parts and dispatch a certified Field Technician to the Customer site. In certain cases, a follow-up visit with spare parts may be required to complete full resolution. After the site visit, a Work Order Summary Report, outlining the activities performed by the Field Technician while on-site, will be sent to the Customer. NOTE: For the PAG800, no on-site remedial visits are available. Support will be offered remotely, and the equipment would be returned to Forensic Technology for any required repairs. The time for service rendered is directly proportional to the existence and quality of the support communication line installed on-site. Forensic Technology can only provide timely and diligent service of its products (diagnostics, repairs, software upgrades, software patches, etc.) with the presence of recommended and functional support communication lines. For each incident, Forensic Technology will provide the Customer the estimated time to resolve the incident and keep the Customer apprised of the progress. Whenever possible, a temporary solution will be provided. Forensic Technology is committed to sending replacement parts and/or dispatching a Field Technician in a timely manner. 7.2.1 Assistance with Custom Report Templates The IBIS TRAX system includes a set of standard report templates. It also includes the functionality for users to generate their own customized report templates based on a variety of parameters. Should users require guidance beyond their basic training our support specialists will provide expert technical assistance over the phone to help create customized report templates. Our Reference M S-06593, Rev. 03 February 21, 2019 20 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department 7.3 Proactive Warning Service (PWS) With the objective of maximizing system availability, Forensic Technology provides a PWS to its Customers by monitoring in real-time critical system properties and collecting configuration data from IBIS TRAX systems. These services enable the system to provide our support personnel with information on the following system properties and functions: • Computer: o CPU usage o Percentage of free disk space o Percentage of free memory o Uptime • Database uptime • Backup success When one or more of the above items deviates from the normal specification, the PWS will automatically send a message to Forensic Technology's Global Customer Services, who will then initiate corrective action. PWS provides Forensic Technology with the opportunity to swiftly identify and address computer issues and sometimes even before any impact is perceived by the user. The use of PWS has no impact on the normal operation of IBIS TRAX systems. In all cases, whether to perform software upgrades, troubleshooting, system configuration and/or PWS, Forensic Technology will always first communicate with the Customer to request permission prior to performing any activity on the IBIS TRAX system. NOTE: PWS is not yet available on NIBIN. Once approved by ATF, this service will be enabled on all IBIS TRAX systems connected to NIBIN. 7.3.1 NIBIN Maintenance Window for Proactive Support Services A maintenance window is a period prearranged between Forensic Technology and the Customer whereby Forensic Technology can perform maintenance on the IBIS TRAX system. A maintenance window is outside the Customer's working hours, thus permitting Forensic Technology to deliver its services without the Customer experiencing system downtime. Customers can establish, suspend or revoke a maintenance window at any time by simply contacting Support. 7.4 Replacement of Defective Hardware Forensic Technology will be responsible for the replacement of defective hardware and any shipping costs. This replacement will be installed by a certified Field Technician. Shipping charges for the replacement hardware will be paid for by Forensic Technology. Any products or components replaced or repaired will be warranted by Forensic Technology for the balance of the Warranty or SafeGuard period. Our Reference #: S-06593, Rev. 03 February 21, 2019 21 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetanj Proposal for the Beaumont Police Department Any and all such replacements or repairs necessitated by the fault'of the use of power sources supplied by others, or by attack and deterioration under unsuitable environmental conditions, or Customer. inappropriate use or negligence, shall be for the account of the Customer. Forensic Technology shall not be obliged to pay any costs or charges including "back charges" incurred by the Customer or any other party except as may be agreed upon in writing in advance by Forensic Technology. The cost of demonstrating the need to diagnose such defects at the Customer.site, if required, shall be for the account of the Customer. This proposal assumes the Customer will provide one (1) able-bodied person to assist the,Forensic Technology field technician with equipment lifting during the replacement Of. defective hardware. The Customermust assign and provide the person's name to Forensic Technology prior to the planned installation date. The Customer will be responsible for ensuring this person has adequate bodily injury insurance coverage. If the Customer cannot provide this person, Forensic Technology will be required to send two (2) field technicians and charge the cost to the Customer. 7.5 Preventive Maintenance Visit Forensic Technology will perform a preventive maintenance visit every twenty-four (24) months to ensure the system continues to run at optimal performance. During this visit, the Field Technician will inspect, clean, lubricate, and adjust the system, and will perform visual and functional verifications. The Field Technician will also take note of any worn parts that require replacement, either immediately or during a subsequent site visit. 7.6 e -Learning A web -based e -Learning platform is now available to all our users. This platform includes step- by-step training modules, user documentation, training presentations, videos and quick reference guides. Prior to the Basic User Training, all trainees will receive an email with the website address and their credentials to access the e -Learning platform. 7.7 Coaching Forensic Technology strives to offer its Customers the best possible ballistics identification solution along with ongoing support and maintenance services. Experience has shown that maintaining and refining Customer skills and abilities with the operation of IBIS TRAX systems such as receiving updates on new functions and features, or learning about new acquisition and analysis techniques ultimately results in the Customer reaping the most from their investment. With this objective in mind, Forensic Technology offers its Customers coaching sessions that can be delivered remotely or on site, depending on the availability of both the Customer and training resources. Forensic Technology's senior certified instructors will establish the coaching requirements with each Customer and deliver the coaching sessions. Our Reference #: S-06593, Rev. 03 . February 21, 2019 22 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department NOTES: 1. One (1) day of coaching is included for each type of IBIS TRAX acquisition and analysis equipment, regardless of how many units are in operation at the site. for example: - A site that operates one or more BRASSTRAX Acquisition Stations AND one or more MATCHPOINT Analysis Stations is entitled to two (2) coaching days on an annual basis - A site that operates one or more BRASSTRAX Acquisition Stations OR one or more MATCHPOINT Analysis Stations is entitled to one (1) coaching day on an annual basis 2. Unused coaching sessions cannot be cumulated or transferred. Coaching sessions are designed for active IBIS users who have completed the Basic User Training and currently have a NIBIN account. Customers are welcome to contact Forensic Technology's support center (see section 7.1 for contact information) to request and schedule Coaching assistance. This service is available for the time that the equipment is under warranty or covered by the SafeGuard Extended Warranty and Protection. Coaching sessions will address the following topics: • Assessment of user's acquisition and analysis techniques • Assessment of existing data entries • Review of acquisition protocols • Coaching on specific tasks and functions • Introduction of new functionalities • Review of the training material available to the user both on the IBIS TRAX systems and on the e -Learning platform 7.8 Correction of IBIS Application Errors (Software Bugs) If the Customer detects and reports an application error (software bug) to our support center, an incident will be created with our Software Development department for evaluation and resolution. The committed turnaround time for a resolution is dependent upon the impact that the application error has on the Customer's operations. Regardless of the turnaround time, the Customer will be provided with a temporary workaround solution to return to normal operation as fast as possible, while a permanent fix is being developed. For a major problem (one that seriously reduces the performance and normal operation of the system), a hotfix will be implemented on the system as soon as Forensic Technology engineers devise a solution to the problem. For a minor problem (one that does not severely affect the normal operation of the system), the issue will be addressed and a solution will be implemented in a future software release. 7.9 Software Upgrades (IBIS TRAX only) By participating in our SafeGuard plan, the Customer's initial software investment is guaranteed to evolve over time. With SafeGuard, the IBIS application software will be Our Reference #: S-06593, Rev. 03 February 21, 2019 23 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department upgraded to reflect the new features and functionalities that have been researched and developed by our dedicated team of scientists, product developers, and law enforcement experts. Software upgrades also address the life cycle management of third -party software including operating systems, database management, and backup software. However, Forensic Technology will upgrade the third -party software supplied with the system only if it deemed absolutely necessary to maintain the system current within a licensed version. 7.9.1 Deployment of Software Upgrades Software upgrades may be released as a service pack update or as part of a major software version release. After receiving approval from the Customer, Forensic Technology will deploy the software upgrade either using the traditional manual remote method or using the new Automated Software Deployment System. The latter will accelerate deployments and reduce system downtime by: • Verifying computer hardware requirements • Uploading software packages in the background and off hours • Performing automated software upgrades on multiple IBIS workstations simultaneously • Performing automated software upgrades during off -work hours Regardless of the deployment method used, software upgrades are deployed using the system's support communication line. Only sites with the recommended support communication lines and required quality of service can have their software upgraded. NOTE:, ° For IBIS `Systems connected to NIBIN, all software upgrades, service packs and patches must be approved by ATF prior to their deployment and will be: deployed accordingAo the NIBIN approved schedule. 7.9.2 Minor Hardware Upgrades Prior to the deployment of a software upgrade, Forensic Technology will evaluate the capacity of each system computer and, if necessary, will upgrade the random-access memory (RAM) and/or hard disk drive. These upgrades will ensure that the new IBIS application software continues to run optimally on the computer. The decision to perform a minor hardware upgrade on a given computer is at the sole discretion of Forensic Technology. NOTE:. For IBIS Systems connected to NIBIN .all hardware upgrades required as a result of a mandatory software upgrade by ATF will be for4he Customer's account. 7.9.3 Backward Compatibility with existing data Software upgrades and corrections will provide for backward compatibility with existing data acquired with previous TRAX software versions. Backward compatibility does not apply to the introduction of new products, significantly different technology or between systems operating with different software versions. 7.9.4 User Documentation Should a software upgrade require modifications to the documentation, Forensic Technology will amend the user documentation at no extra cost. The documentation is available both on the Our Reference #: S-06593, Rev. 03 February 21, 2019 24 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department IBIS TRAX systems and on the e -Learning platform. Additional copies can be made available in PDF format at no extra cost or in printed format at a nominal cost. 7.10 Customer Care Program Forensic Technology cares about the impact its products and services have on the mission - critical work of its Customers. Forensic Technology has therefore instituted the Customer Care Program to foster the work relationship between professionals through timely, proactive communications. Forensic Technology wishes to understand the Customer's environment and constraints to enable swift actions to optimize the Customer's usage of IBIS TRAX products. During a site visit or telephone call, a senior Forensic Technology representative will speak with user(s) about their experience with the system, support activities, workflow processes, existing and upcoming features, and other topics of interest. In addition, Forensic Technology -will send a Customer Satisfaction survey to users that contacted the Support Center. This survey is an important tool for Forensic Technology to measure customer satisfaction and establish priorities in our continuous improvement process. 7.11 Annual Status Report During the year, Forensic Technology carries out many activities with users and on their system. Forensic Technology tracks all of these activities with its incident management database, which enables Forensic Technology to generate and submit the Annual Status Report to the Customer. This report documents all activities within the last twelve (12) months and is made. available to the Customer.in PDF format. The report documents activities related to the Customer IBIS TRAX systems: incident management, replacements parts, on-site visits, remote (PWS) and on- site preventive maintenance activities, software upgrades, coaching and new user training, Customer Care activities, and other events. 7.12 Travel and Living Expenses Travel and living expenses of Forensic Technology personnel are for the account of Forensic Technology when they are related to the delivery of services included with the SafeGuard plan. 7. 13 Advanced Security When a system or network of systems is equipped with the IBIS Advanced Security Option, Forensic Technology performs a series of regularly scheduled services to ensure the system or systems are fully compliant and up-to-date with the security requirements. Package may include: • Centralized User management (IBIS Domain) • Domain controller security policies • User account management as users are added and/or removed • Update of OS security patches • Centralized antivirus management Our Reference #: S-06593, Rev. 03 February 21, 2019 25 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department • Vulnerability management, including running scans, reviewing results and writing reports • Collection and archive of security audit logs NOTE: For IBIS Systems connected to NIBIN, account management is centralized and controlled by.ATF. All requests for account changes must be approved by ATF prior to implementation. 7,14 SafeGuard Specific Terms 7.14.1 Exclusions The Customer is, responsible for the cost of any repairs required due to the abuse or misuse of the system's software and/or hardware by the Customer. This includes: Any damage caused by failure of the Customer to reasonably maintain the hardware and software including, but not limited to, insufficient cooling and inadequate or intermittent power source. • Any damage caused by the addition of unauthorized hardware components and/or software applications to the system. In such cases, Forensic Technology reserves the right to void any outstanding warranty or SafeGuard agreement. Furthermore, Forensic Technology does not guarantee that any corrective action taken following system abuse or misuse will assure the integrity of the user data. 7.14.2 Discontinuation of SafeGuard In the event that the Customer opts out of SafeGuard by early termination or does not renew the Plan at the end of the term and if, in the future, the Customer then wishes to reinstate SafeGuard, a reactivation fee will apply. In such cases, in addition to the reinstatement fee, the Customer will be responsible for the following: • All costs related to performing a site assessment (including labor and travel charges). • All costs for parts that require replacement under the Exclusions clause above; or as a result of failure, lack of maintenance, or non-use. • All costs related to upgrading the installed technology to the then -current supported hardware and software baseline. 7.14.3 Availability Commitment Forensic Technology commits to the supply of spare parts for a period of seven (7) years from installation of the equipment. If a defective component cannot be replaced due to discontinuation by its manufacturer, Forensic Technology will make the utmost effort to propose an alternate solution. 7.14.4 Customer -Supplied Communication Lines The maintenance and furnishing of necessary communication lines, whether within varied network topologies (inter -site communication lines) or other, will be the responsibility and duty of the ATF in the case of IBIS systems connected to NIBIN. Our Reference #: S-06593, Rev. 03 February 21, 2019 26 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department The time for service rendered is directly proportional to the existence and quality of the service communication line installed on-site. Forensic Technology can only provide timely and diligent service (diagnostics, repairs, software upgrades, software patches, etc.) with the presence of recommended and functional service communication lines. Without an optimal service communication line, Forensic Technology will not be able to deliver services effectively. Forensic Technology is not responsible for non-functional communication lines due to any reason other than a system -related problem. Forensic Technology may have to charge the Customer for any service calls caused by non-compliant communication lines. 7.15 Optional Services A quotation can be provided for the following, which are not included in the standard services offered with SafeGuard: • Training for new users • Creation of IBIS TRAX Custom Report Templates • Change to Customer -Supplied Communication Lines • Customer Requested Data Transfer • System Relocation • Replenishment of Consumables • Hardware Upgrades • Project Management Please contact your Sales Representative for additional information. Our Reference #: S-06593, Rev. 03 February 21, 2019 27 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX7HD3D Budgetary Proposal for the Beaumont Police Department 8 Other Terms of Business 8.1 Dispute Resolution In the event of any dispute, claim, question, or disagreement arising from or relating'to the contract resulting from this proposal or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of sixty (60) days then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be settled at a venue in Jefferson County, Texas, under Texas law. 8.2 Limitation of Liability Except as may be prohibited by applicable local law, in no event shall Forensic Technology be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software or the delivery or failure to deliver support services, even if Forensic Technology has been advised of the possibility of such damages. 8.3 Termination for Convenience Upon written notice to that effect'from the Customer, should any contract resulting from this proposal be terminated for the convenience of the Customer, Forensic Technology shall be entitled to compensation from the Customer, as follows: If the termination notice is received prior to the equipment being packed at the factory, the Customer shall pay Forensic Technology 35% of the total value of the contract, as well as any costs incurred to put in place and cancel any bonds or other sureties required by the Customer. • If the termination notice is received after the equipment is packed and/or shipped, but prior to installation at the Customer's site, the Customer shall pay Forensic Technology 75% of the value of the contract. In addition, the customer will also reimburse Forensic Technology for the costs of crating and shipping the equipment to the Customer's site and back to Forensic Technology, as well as any costs incurred to put in place and cancel any bonds or other sureties required by the Customer. Forensic Technology will not accept a termination notice received after the equipment has been installed but prior to final Customer acceptance and/or payment. The Customer will be required to pay Forensic Technology 100% of the value of the contract. 8.4 Force Majeure Forensic Technology shall not be liable for any delay or failure to perform any of its obligations hereunder due to causes beyond its control and without its fault or negligence. Such causes shall be deemed to include, but not be limited to: acts of God or the public enemy; national Our Reference #: S-06593, Rev. 03 February 21, 2019 28 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. IBIS TRAX-HD3D Budgetary Proposal for the Beaumont Police Department emergencies, war, civil disturbances, insurrection or riot; strikes, lockouts, or any other industrial disputes; fire, explosion, flood, earthquake or other catastrophes; energy shortages; serious accident, epidemic or quarantine restriction; embargoes, allocations necessitated by material shortages, delays in deliveries by Forensic Technology's suppliers or subcontractors, or failure of transportation; or any law, order, regulation, direction or request of any government which have effect on this contract. 8.5 Software License Agreement Use of the IBIS equipment is subject to a software license agreement, which resides on the machine, and that the users are required to accept prior to having access to the system. License fees for all software provided with the system are included in the initial purchase price, and are included in any subsequent SafeGuard charges. 8.6 Privacy of Personal Data When dealing with personal data, as it is defined in the General Data Protection Regulation (GDPR), Forensic Technology is committed to protecting the privacy of any such personal data it may hold, and.will do so using appropriate security controls and procedures. We are also committed to ensuring compliance in all our services and underlying processes where we are processing personal data on behalf of our partners and Customers. Unless required by law to do so, Forensic Technology does not, and does not intend to, share with partners, other Customers or third parties, the personal data it may hold and collect through its many business operations. We use personal data solely for contacting individuals in the course of normal business and in our marketing activities. At any time, individuals may request that their contact information be removed from our database or they may opt out from receiving future marketing campaign emails. For additional information, please refer to the following: https://www.ultra- electronics.com/about-us/corporate-responsibility/general-data-protection-regulation.asl2x. Our Reference #: S-06593, Rev. 03 February 21, 2019 29 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of an IBIS® ballistic identification system for use by the Police Department from Ultra Electronics Forensic Technology, Inc. of Largo, Florida, a sole source provider, in the amount of $187,376.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - �y March 19, 2019 Consider a resolution approving a contract with Infrastructure Management Services for pavement management to be used by the Public Works Department q:r ,.LJ1 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer ✓ 1 MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Infrastructure Management Services for pavement management to be used by the Public Works Department. BACKGROUND The Public Works department plans and manages the maintenance and rehabilitation of seven hundred seventy-five (775) miles of City streets. Key functions for planning and management are the collection and organization of accurate data, analysis of road conditions, integration of GIS and work order data, and forecasting of maintenance based on anticipated budgets. Street condition and asset data must be collected and loaded into the system. Data collected will include pavement surface distress and structural condition information as well as asset identification for tracking. The data will enable City owned software to identify and prioritize needs, predict future conditions and assess costs and benefits. The City's goal is to develop a modified Pavement Condition Index for each respective pavement asset. With Resolution 11-327, on November 22, 2011, City Council awarded a contract to IMS Infrastructure Management Services of Tempe, Arizona to provide the pavement management services. Administration is asking to continue using IMS for pavement management as a best value to the City in the estimated amount of $152,209. FUNDING SOURCE Capital Projects Fund. 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 a Consultant Services Agreement with Infrastructure Management Services, LLC (IMS), of Tempe Arizona, in the estimated amount of $152,209.00 for street pavement management services. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - CONSULTANT SERVICES AGREEMENT REFERENCE ID: 18 This AGREEMENT, effective this day of 2019, is by and between: City of Beaumont, TX 801 Main St. Beaumont, TX 77701 Hereinafter called CLIENT, and IMS Infrastructure Management Services, L.L.0 1820 W. Drake Drive, Suite 104 Tempe, AZ 85283 Hereinafter called CONSULTANT, who agree as follows: PART I - RECITALS CLIENT desires to engage CONSULTANT to provide professional consulting services to complete a comprehensive pavement condition survey for the City of Beaumont, TX as described in Section II — Scope of Services, and to render its services in the terms and conditions provided in this agreement. Both CLIENT and CONSULTANT agree that execution of this AGREEMENT is a material element of the consideration to execute the Services. Additional terms and conditions may be added or changed only by written amendment to this AGREEMENT signed by both parties. In the event CLIENT uses a purchase order or other form of documentation to administer this AGREEMENT, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This AGREEMENT shall not be assigned by either party without prior written consent of the other party. In consideration of the rights and obligations hereinafter specified, CLIENT and CONSULTANT agree as follows: PART II - SCOPE OF SERVICES The scope of CONSULTANT's services ("Services") and project deliverables are described in Attachment A — Scope of Services, the contents of which shall be incorporated into this AGREEMENT. PART III - COMPENSATION CLIENT shall pay compensation to CONSULTANT for the Services performed under this agreement according to the fee schedule, or unit rate table, presented in Attachment A — Scope of Services. CONSULTANT may invoice CLIENT at least monthly and payment is governed by Chapter 2251 of the Texas Government Code, unless governed by a different TX State or Federal law. Likewise all claims for interest on outstanding balances, early pay discounts and attorney's fees on disputes relative to payments are governed by the foregoing noted Statutory provisions. The Invoice shall follow the fee schedule and be based on percentage complete or other agreed upon milestones. Documentation in the form of a project status spreadsheet shall be supplied in support of each invoice. CLIENT shall notify CONSULTANT in writing, at the address above, if CLIENT objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. IMS Infrastructure Management Services IMS CityofBeaumont Contract_2019 Page EXHIBIT "A" PART IV - PROVISIONS 1. PERIOD OF SERVICE - Work shall be initiated upon written authorization from CLIENT or execution of this agreement. The contract shall remain in force until the project is completed and notification of completion is submitted by CONSULTANT to CLIENT or for two calendar years after from the execution date of this agreement — whichever comes first. 2. WARRANTY — CONSULTANT warrants to CLIENT that it will perform the services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. 3. INDEMNIFICATION — CONSULTANT shall defend, indemnify, and hold harmless CLIENT, their agents, officers, members and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by CONSULTANT's negligent acts, errors, or omissions. 4. INSURANCE - CONSULTANT represents that it now carries, and will continue to carry the following minimum insurance applicable to the project. Type of Insurance Limits Of Liability Commercial General Liability $1,000,000 (per occurrence) Automobile Liability $1,000,000 Workers Compensation As per applicable state law 5. GOVERNING LAW — The laws of the State of Texas shall govern the interpretation and enforcement of this contract. Any litigation which arises between the parties shall be initiated and pursued in the State or Federal District Court in Jefferson County, TX and no other. The work is located in the City of Beaumont, County of Jefferson. The Consultant shall comply with all ordinances, regulations and other lawful requirements of said City and County and of the State, Federal and other public authorities within their respective jurisdictions governing the work on public property. 6. SEVERABILITY — Any provision of the AGREEMENT which may be rendered null and void shall not invalidate the remainder of this AGREEMENT to the extent the AGREEMENT is capable of execution. 7. TERMINATION - Either party may terminate this AGREEMENT or the Services without cause upon giving the other party thirty (30) calendar days' written notice. In such case, CONSULTANT shall be paid costs incurred and fees earned to the date of termination, loss of profit plus reasonable costs of closing the project. a. Upon delivery of such notice by either party to the other party, and upon expiration of the thirty day period, the Consultant shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Consultant shall submit a statement showing in detail the services performed under this agreement to the date of termination. The Client shall then pay the Consultant promptly that proportion of the prescribed charges which the Consultant actually performed under this Agreement that is applicable and useable for this Project, less such payments on account of the charges as have been previously made. Copies of Work prepared under this agreement shall be delivered to the Client when and if this Agreement is terminated. IMS Infrastructure Management Services IMS CityoJBeaumont Contract_2019 Page 2 b. Failure by the Consultant to comply with the submittal of the statement and documents as required above shall constitute a waiver by the Consultant of any and all rights or claims to collect any monies that the Consultant may be rightfully be entitled to for services performed under this Agreement. 8. CONFIDENTIALITY - CLIENT is limited in its ability to agree to confidentiality provisions pursuant to the Texas Public Information Act, Texas Government Code 552.001, et seq. Accordingly, the City does not agree to confidentiality except to the extent allowed by the Texas Public Information Act and, where applicable, the Federal Freedom of Information Act. If a third party seeks information relative to Vendorj,and not the contract itself, to the extent required by the Texas Public Information Act, the City will notify Vendor of such request so the Vendor might protect its interests. OWNERSHIP OF DOCUMENTS — Work product and all documents, including the original drawings, estimates, specifications, analyses, calculations, field notes and data, will remain the property of the Consultant as instruments of service. However, it is to be understood that the Client shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re -use without specific written verification or adaptation by Consultant will be at Client's sole risk and without liability or legal exposure to the Consultant. SAFETY - Safe practices are to be considered a priority requirement in the performance of this AGREEMENT. CONSULTANT will comply with the provisions of Federal, State and local health and safety requirements. 10. NON-DISCRIMINATION IN EMPLOYMENT - CONSULTANT agrees and hereby certifies that in providing the services hereunder, it shall not discriminate against any employee or applicant because of race, color, religion, age, sex, or national origin. CONSULTANT shall abide by provisions of all applicable governmental regulations pertaining to non-discrimination. 11. NOTICES — All notices hereunder materially changing this AGREEMENT must be in writing to the designated CLIENT contact and CONSULTANT project manager. 12. FORCE MAJEURE — Neither CLIENT nor CONSULTANT shall be considered in default in the performance of its obligations hereunder if such obligations were prevented or delayed by any cause beyond the reasonable control of the party which include, but are not limited to acts of God, labor disputes or civil unrest. 13. REJECTING DEFECTIVE/UNSATISFACTORY WORK — The Client shall have authority to disapprove or reject work which the Client believes to be defective or unsatisfactory whether or not the work is completed. ADDITIONAL TERMS - None. PART V - SIGNATURES The parties have caused this AGREEMENT to be executed in duplicate counterparts, each of which shall be considered as an original by their duly authorized offices. IMS Infrastructure Management Services IMS CitygfBeaumont_Contract_2019 Page 3 CLIENT: CITY OF BEAUMONT By: Signature Title Printed Name Date CONSULTANT: Ims �ffifRASTRUCTURE MANAGEMENT SERVICES, LLC By: l �(�nGtQGi _ Signature Title Printed Name Date IMS Irl1rastructure Mandggement.Services IMS Cityof$earamont Contract 2019 page 4 Attachment A: Scope- of Services IMS Infrastructure Management Services 1820 W. Drake Dr. Suite 104 Tempe, AZ 85283 Phone: (480) 839-4347 Fax: (480) 839-4348 www.ims-rst.com To: Dr. ]oe Majdalani, PE, Director of Date: March 12, 2019 Public Works From: Jeff Myers, MSA, Client Services Project: City of Beaumont Manager, Central Region Subject: Pavement Management Update Project No.: N/A Thank you for requesting a quotation for pavement data collection services from IMS Infrastructure Management Services. IMS excels in pavement and asset management solutions and can provide a full suite of data collection services. In addition, IMS retains the same team that completed the 2011 assignment, resulting in a second to none understanding of the Beaumont road conditions and the City's existing pavement management system. This proposal reflects the 2011 competitive pricing, adjusted for current centerline mileage. The City of Beaumont currently maintains approximately 675 centerline miles of roadways using the Lucity pavement management system and is considering a move to the CityWorks asset management software in the future. The Laser Road Surface Tester (RST) will complete two passes (once in each direction) on the arterial and collector roadways, resulting in a total survey mileage of 837. IMS collects all data in accordance with the U.S. Army Corps of Engineers data protocols, commonly called ASTM D6433-11, as required by the Lucity software and other 3rd party asset management systems such as CityWorks. This proposal will highlight the following activities: • The IMS team's innovative approach to objective ASTM D6433 automated data collection that meets the needs of a diverse road network such as the City of Beaumont. Analysis modeling expertise with the City's existing configuration set up. IMS retains a copy of the pavement management set up files on our servers and stands ready to update the network. • Delivery of quality and comprehensive results in industry standard formats such as Excel spreadsheets, Access databases, Personal Geodatabases, shape files, or even Google Earth KMZ files. The idea is to simplify pavement management, not make it needlessly complicated. • Maintaining the continuity of data so that City Staff can accurately assess the health of their paved roadway network. IMS will bring the same team from the 2011 project. Our staff is well equipped with the tools to assure the City of Beaumont receives quality and accurate data in a timely manner. IMS Infrastructure Management Services Beaumont 2019 update rev 2 page I City of Beaumont Texas Performing Objective ASTM D6433 Data Collection The IMS fleet of pavement performance equipment includes four Laser Road Surface Testers, two Dynaflect Devices, and two Sidewalk Surface Testers. For this survey, we propose to use our Laser Road Surface Tester (RST) enhanced with digital imagery and GPS capabilities. The RST, with its Laser Camera Array (LCA) is capable of collecting a full array of pavement condition data complete with high accuracy GPS coordinates and multiple view digital imagery for both rigid and flexible pavements (in real time), as it traverses the roadway. An integrated Digital Direct Condition Rating System (DDCRS) supplements the RST data for additional ASTM D6433 distress data elements, quality assurance and inventory information. Specialized data processing, using GIS as its backbone, allows the pavement data to be quickly checked for completeness and quality. The main components of the enhanced RST are: • A transducer bar with an array of 11 laser cameras, rate gyroscopes, inclinometers and accelerometers to measure pavement roughness, rutting, cracking, and geometrics. DDCRS that may be customized to collect a variety of roadway attributes and extent -severity based pavement distresses. • Ability to collect dual wheel path roughness to International Roughness Index (IRI) standards. • Up to 7 digital video cameras for forward, pavement, side and rear right-of-way images for QA/QC, virtual drive deliverables, and right-of-way asset extraction. • High accuracy Global Positioning System (GPS) receiver with inertial navigation. • Dual distance measuring instruments to measure linear distances to within +/- 0.5%. Laser Camera Array (LCA) The LCA is an ASTM device capable of collecting automated pavement condition data. The LCA is comprised of gyroscopes, accelerometers and 11 high speed lasers configured to capture roughness data to International Roughness Index (IRI) standards and wheel path rutting measurements. Our 91 -sensor configuration provides greater precision and repeatability of profile data over traditional five sensor configurations because it reduces the impact of vehicle wander in the driving lane. The LCA automatically collects transverse cracking, block cracking, alligator cracking, distortions and texture. The laser camera technology automatically detects cracks and minute variances in the pavement surface. Thus, the LCA greatly diminishes the subjective nature of pavement condition data collection performed by "windshield" and image based field surveys. IMS Infrastructure Management Services Beaumont 2019 update rev 2 page 2 City of Beaumont Texas The following diagram illustrates the full configuration of the RST for ASTM D6433 pavement condition data collection assignments. Laser Camera Array 11 laser sensors that objectively quantify pavement cracking, texture, rutting, roughness, (LCA) cross fall, crown, grade, and radius of curvature. The lasers collect data in a severity and extent format that conforms to ASTM D6433 protocols. The -Laser RST can be'mounted with up to `,7 digital cameras depending on each'project''-s Digital Cameras unique requirements Digital'iinages are largely used�foi many..purposes data°:validation,,? u virtual drive deliverables to chenis and .ght of way asset inventory development: --------- GPS technology is coupled with inertial navigation to enhance the acquisition of accurate GPS Acquisition longitude and latitude coordinates. Municipal agencies are becoming GIS centric and thus all data must be georeferenced for plotting in a GIS environment and linking with the Texas state plane south -zone XY coordinates. n, ,.Distance`Measunng Dual DMI pulse. transducers'thataccurately collect and report vehicle distance and speed Instruments (DMI) The distance data is integrated Ruth the inventory; GPS_data flow and lime code _ Hardware & Storage The Laser RST is equipped with multiple servers and computers that store the data collected from the lasers, cameras, GPS, and touch -screen event board. The touch -"screen event `board allows IMS 40.collect,a v�nde range of data from }pavement Dlgltal DIlect C6ndition"° distressesI the validation of pavement attributes. The touch -screen event board can -be i 3 Rating System'(DDCRS)configured an any manner we desire, and, conforms to _the ASTM severity and extent -data f= - collection:tiotocols. This is also usedfor uniciue asset attribute identification. IMS Infrastructure Management Services Beaumont 2019 update rev 2 page 3 City of Beaumont Texas Analysis Configuration Update, Pavement Analysis, & 5 -Year Plan After the field survey's IMS will begin processing the pavement distress severity and extent scores in an effort to develop a Pavement Condition Index (PCI) for each roadway segment. The condition results will then be analyzed by a team of IMS engineers who assist the City in the development of a multi-year pavement management plan that maximizes network benefit while meeting City specific priorities. This section provides a brief summary of the functionality of the analysis configuration in order to emphasize our implementation expertise as well as the abilities and constraints within the software. The IMS analysis has incorporated many of the key facets of pavement management that assist agencies in producing cost effective maintenance programs. By incorporating key components of a cost benefit analysis into the operating parameters, we can develop an analysis that is optimized to meet the needs of the City and maximize every dollar spent. Field Inspection Data and Pavement Condition Index (PCI) The IMS analysis allows you to store information regarding your pavements; including surface types, number of lanes, patching estimates, cross slopes, and sidewalk & curb types with replacement estimates. Pavement condition data including surface distress, roughness, and deflection results can be stored and analyzed. Using the Pavement Manager Setup table, you can develop customized condition elements, distress types (load & non -load), Indices (SDI, RI, & SI), weightings, and overall PCI calculations. In addition to the yearly programs, the net impact each budget scenario has on the expected condition of the road network over time can be determined. This budget impact can be illustrated both in terms of the yearly increase and in terms of decrease in the average network PCI score, PCI distribution, or % Backlog of roads that were not selected by the budgets. IMS converts the difficult to understand ASTM D6433 data to a 0-10 distress rating scale with distress weighted factors (DWF), where DWF = {Area under D6433 deduct curves/3000}. Modeling and Performance Curves With an IMS analyis, you can forecast various 100 budget scenarios to help you determine your 90 ideal maintenance and rehabilitation schedule. W The analysis will help you decide what rehab d 70 activities should be performed, when and 60 where to perform them, and an ideal budget g so for your system to maintain it at a specific 'o 40 level of service. ; ,° IMS uses pavement deterioration models that a 20 can be customized to reflect the climatic 10 conditions and structural characteristics of the ° .�Performance "Mobs-STRIM—M oi®®� mmaw MiMME11MM I M&O`ON�M 1WZM �\�® rMww�mwm -1 ..--.MEM City of Beaumont road network. As a result, Time(Years) performance curves can be developed on factors such as functional class, pavement type and sub -grade strength. IMS Infrastructure Management Services Beaumont 2019 update rev 2 page 4 1 City of Beaumont Texas Set Points and Operating Parameters One of the most important aspects of the IMS approach is determining the 'set points' or thresholds of the performance curves and other factors. In general, these set points determine what type of treatment will be selected given the current or predicted condition of a road segment over time. For example, the scatter plot displayed below illustrates a rehab selection process that will be updated during the 2017 Beaumont analysis. Each dot represents the outcome of a pavement condition assessment on each segment in the road network. The X-axis is the pavement condition score while the Y-axis is a sum of load associated distress deducts. The boundaries created by the intersection of the vertical green lines and horizontal dashed black lines represent the potential rehabilitation strategy for those given conditions. Each maintenance and rehabilitation strategy is programmed to take place in the most optimal year for each roadway segment. The color bands are also an effective way of illustrating the activity priorities through an analysis that takes into account critical PCI drops, also known as "cost of deferral." The IMS analysis specifically targets "critical segments", which is defined as segments that will drop into a more expensive treatment category if they are not selected now. By presenting the rehab strategies in a visual format such as this, the user, City staff, management, and Councils can easily understand, follow and potentially modify the results with confidence. 200 eo 86 I 70 0 M 60 a M v .50 `u a N N ,a 10: m 4 E . 20 10 o :u Z 30 40 so 60 70 W 90 100 Pavement Condition Index W9 IMS Infrastructure Management Services Beaumont 2019 update rev 2 page 5 City of Beaumont Texas Rehabilitation Analysis An unlimited number of pavement maintenance and rehabilitation strategies can be defined within the IMS analysis. An analysis is then run, incorporating the performance curves, set points, filter criteria and rehab alternatives to identify the overall need in terms of rehab strategies and costs for the City's road network, for today as well as year on year for the next 5 to 10 years. The IMS approach allows you to input any number of "what if' budget scenarios and produce prioritized yearly rehab programs based on those funding levels over a 5 - year analysis period. Typical budget scenarios include Budget $/Year, Unlimited Budget $, "Do Nothing" Budget, and a Target PCI Budget. What is included in an IMS analysis & report? • Street ownership and inventory/attribute report • Present condition ranking — detailed and summary condition data including; Good/Fair/Poor, Load Associated Distresses (LAD), Non -LAD, and Project reviews of each street in the network, as well as the network as a whole. • Fix all budget analysis — this identifies the upper limit of spending by rehabilitating all streets assuming unlimited funding. • Do nothing analysis — this identifies the effects of not performing roadway rehabilitation projects. • Steady state rehabilitation life cycle analysis — this identifies the minimum amount of rehabilitation that must be completed in order to maintain the existing level of service over 3, 5, or 10 years. • PCI & funding levels — what funding will be necessary to maintain a PCI of 75, 80, & 85. • Plus or minus 50% and other additional runs — additional budget runs are completed at rates of +50% and -50% of the suggested steady state analysis. Up to 10 budget scenarios will be run. • Integration of capital projects and Master Plans — ongoing and proposed projects that affect roadway rehabilitation planning will be incorporated into the analysis. • Draft 5 -year rehabilitation and prioritized paving plans — based on need, available budget and level of service constraints; a minimum of three budget runs will be completed. • Final prioritized paving plan — incorporating feedback from stakeholder departments and utilities, complete with budget and level of service constraints. IMS Infrastructure Management Services Beaumont 2019 update rev 2 page 6 City of Beaumont Texas 2017 City of Beaumont Pavement Management Budget The project will be completed using a combination of unit rate and lump sum based activities. The spreadsheets presented on the following page is based on the IMS work plan and deliverables. It represents a realistic budget to complete the roadway update, and we are confident we can maintain an on-time, on -budget approach to the assignment. In addition, IMS has applied a project discount in an effort to extend the competitive 2011 unit rates to this assignment. Thank you for considering IMS as a viable solution to your pavement management and we will strive to become an asset and extension of the City of Beaumont staff and team. If any questions arise please do not hesitate to call. Sincerely, IMS Infrastructure Management Services Jeff Myers, MSA Client Services Manager, Central Region IMS Infrastructure Management Services Beaumont 2019 update rev 2 page 7 City of Beaumont Texas IMS 2019 Roadway Network Update Task Activity Quantity Units Unit Rate Total 15 Mobilization and Dynaflect Calibration Project Initiation LS $2,500.00 $2,500.00 a. Arterial & Major Collector Deflection Data Collection 1 Project Initiation 1 LS $6,000.00 $6,000.00 2 Network Referencing Update & Field Routing Set Up 837 T -MI $15.00 $12,555.00 3 Survey Protocol Review & Confirmation 1 LS $1,500.00 $1,500.00 4 Pavement Width Measurements/Validation (Aerial Photography) 837 T -MI $9.00 $7,533.00 a. Sidewalk & Obstructions Database Field Data Collection T -Mi $50.00 $41,850.00 b. Curb & Gutter Database 5 Laser RST Mobilization and Calibration 1 LS $3,500.00 $3,500.00 6 Field Data Collection - Surface Condition & Pavement Attributes 837 T -MI $115.00 $96,255.00 $60.00 Data Management e. Pavement Markings & Stripings Database (Linear Features) 837 T -Mi $60.00 7 Data QA/QC, Processing, and Formatting - Surface Condition 837 T -MI $18.00 $15,066.00 8 Process Forward View Images at 20 - 25 foot Intervals - 1 view 837 T -MI $11.00 $9,207.00 9 Lucity SuperSegment Development & Analysis Operating Parameter Update/Configurati 1 LS $6,500.00 $6,500.00 10 Five Year Pavement Management Plan & Final Report 1 LS $7,500.00 $7,500.00 11 Network Functional Classification Review 19 HR $120.00 $2,300.00 12 Project Management 1 LS $11,681.00 $11,681.00 SubTotal For Network Update $179,597.00 13 Extension of 2011 Competitive Rates Discount 15.25 % -$27,388.00 -$27,388.00 Project Total: $152,209.00 Supplemental Activities: 14 Lucity Data Load & Import 1 LS $8,000.00 $8,000.00 15 Mobilization and Dynaflect Calibration 1 LS $2,500.00 $2,500.00 a. Arterial & Major Collector Deflection Data Collection 324 T -MI $145.00 $46,980.00 b. Data QA/QC, Processing, and Formatting - Subgrade Analysis 324 T -MI $7.50 $2,430.00 16 Council Presentation 1 LS $3,500.00 $3,500.00 17 Web Hosted Digital Image Viewer 1 LS $7,000.00 $7,000.00 18 Right -of -Way Asset Data Collection (GPS & ROW Imagery) 837 T -Mi $20.00 $16,740.00 a. Sidewalk & Obstructions Database 837 T -Mi $50.00 $41,850.00 b. Curb & Gutter Database 837 T -Mi $50.00 $41,850.00 c. Signs & Support Database 837 T -Mi $100.00 $83,700.00 d. ADA Ramp & Obstructions Database 837 T -Mi $60.00 $50,220.00 e. Pavement Markings & Stripings Database (Linear Features) 837 T -Mi $60.00 $50,220.00 f. Street Lights Database 837 T -Mi $50.00 $41,850.00 IMS Infrastructure Management Services Beaumont 2019 update rev 2 page 8 T March 19, 2019 Consider a resolution rejecting all bids for the Sherwood Drive, Pifle , n iRt r , and Helbig Road Asphalt Resurfacing Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider a resolution rejecting all bids for the Sherwood Drive, ' , and Helbig Road Asphalt Resurfacing Project. BACKGROUND The project consists of two (2) collector roadways which are asphaltic concrete pavement (ACP) roadways that have experienced multiple failures. After continual repair efforts, these sections require resurfacing to extend the life of the roadways. On February 28, 2019, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount ALLCO, LLC Beaumont, TX $2,034,098.00 Gulf Coast a CRH Company Beaumont, TX $1,755,363.16 LD Construction Beaumont, TX ' $1,784,686.60 Engineer's Estimate $1,282,000.00 Based on a review of the bids received, Public Works/Engineering Division recommends rejecting the bids due to the lowest bid being 26.97% above the Engineer's estimate. FUNDING SOURCE Capital Program - Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. SECTION 0210 BID SCHEDULE PW3119-05 For: City of Beaumont Sherwood Drive, Piney Fain! Lone, and Helbig Road Asphalt Resurfacing Project ADDENDUM NO. 2 t.tn,l- 11-d„a1, cheer m Rast I.-- nrivo Citv of Beaumont Gulf Coast a CRH Company LD Construction ALLCO LLC Item No. Item Description Code Estimated Quantity Unit Unit Price Total Unit Price Total Unit Price Total 100 6001 PREPARING ROW NOT TO EXCEED 5300 PER STATION 210 STA $ 250.00 $ 52,500.00 $ 300.00 $ 63,000.00 $ 300.00 $ 63.000.00 275 6012 CEMENT TRT MX EXST MTL & NW BS 10" 6% CEM -LIME SLURRY PLAN TY 49828 SY $ 10.30 $ 513,228.40 $ 11.85 $ 590,461.80 $ 13.00 $ 647,764.00 340 6175 D-GRHMA SQ TY -F PG76-22 1.25") (LIMITS OF PAY PROP. ROAD WIDTH) 3109 TON $ 97.60 $ 303,438.40 $ 100.00 $ 310,900.00 $ 112.00 $ 348,208.00 344 6135 SUPERPAVE MIXTURES SP -D SAC -A PG76-22 (2") LIMITS OF PAY PROP. ROAD WIDTH 47928 SY $ 11.75 $ 563,154.00 $ 12.00 $ 575,136.00 $ 13.00 $ 623,064.00 354 1 6022 IPLANE ASPHALT PVMT 0-3" PLAN TY 4099 SY $ 23.00 $ 94,277.00 S 8.00 $ 32,792.00 $ 17.00 $ 69,683.00 500 1 6001 1 MOBILIZATION NOT TO EXCEED 5%) 1 LS $ 80,500.00 $ 80.500.00 $ 80,000.00 $ 80,000.00 $ 98,350.00 $ 98,350.00 502 1 6001 BARRICADES, SIGNS, AND TRAFFIC HANDLING (NOT TO EXCEED $5,000 PER MONTH) 6 MO $ 2,740.00 $ 16,440.00 $ 4,500.00 $ 27,000.00 $ 5,000.00 $ 30,000.00 530 6011 INTERSECTIONS, DRIVEWAYS, & TURNOUTS (HMAC TY -D) PLAN TY 2812 SY $ 38.00 $ 106,856.00 $ 25.00 $ 70,300.00 $ 39.00 $ 109,668.00 666 6012 REFL PAV MRK TY -1 4" SLD 100MIL) 471 LF $ 1.76 $ 828.96 $ 2.20 $ 1,036.20 $ 3.00 $ 1,413.00 666 6048 REFL PAV MRK TY -1 W 24" SLD 100MIL 166 LF $ 13.10 $ 2,174.60 $ 16.50 $ 2,739.00 $ 18.00 $ 2,988.00 666 6120 REFL PAV MILK TY -1 4") (BRK) (100MIL 4740 LF $ 1.71 $ 8,105.40 $ 1.92 $ 9,100.80 $ 2.00 $ 9,480.00 666 6126 REFL PAV MRK TY -1 Y 4" (SLD) 100MIL 3240 LF $ 1.71 $ 5,540.40 $ 1.92 $ 6,220.80 $ 2.00 $ 6,480.00 999 1 001 FLAGGER BNSF GARNER ROAD) 2 DAY $ 1,040.00 $ 2,080.00 $ 2,000.00 $ 4,000.00 $ 3,000.00 $ 6,000.00 999 002 FLAGGER BNSF (COMSTOCK ROAD) 2 DAY $ 1,040.00 $ 2,080.00 $ 2,000.00 $ 4,000.00 $ 3.000.00 $ 6,000.00 999 003 FLAGGER BNSF PINEY POINT LANE) 2 DAY $ 1,040.00 $ 2,080.00 $ 2,000.00 $ 4,000.00 $ 3,000.00 $ 6,000.00 999 1 004 1 FLAGGER BNSF TRAM ROAD 2 DAY $ 1,040.00 $ 2,080.00 1 $ 2,000.00 S 4,000.00 $ 3,000.00 $ 6,000.00 TOTAL $ 1,755,363.16 ITOTAL $ 1,784,686.60 ITOTAL $ 2,034,098.00 RESOLUTION NO. WHEREAS, on February 29, 2019, three (3) bids were received for furnishing all labor, materials, and equipment for the Sherwood Drive, Piney Point Lane, and Helbig Road Asphalt Resurfacing Project; and, WHEREAS, the City of Beaumont Public Works/Engineering Division evaluated the bid and found that the bid was over the Engineer's estimate; and, WHEREAS, it is the recommendation of City of Beaumont Public Works/Engineering Division to reject the bid; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bids for the Sherwood Drive, Piney Point Lane, and Helbig Road Asphalt Resurfacing Project and that same should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bids received for the Sherwood Drive, Dined Point Lane, and Helbig Road Asphalt Resurfacing Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019: - Mayor Becky Ames - ;. 7 March 19, 2019 Consider amending Section 4.06.001 of the Code of Ordinances related to owning livestock BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Chris Jarmon, Executive Assistant to the City Manager March 19, 2019 Council consider amending section 4.06.001 of the Code of Ordinances related to owning livestock. BACKGROUND The Code of Ordinances currently allows residents to own livestock as long as they meet the minimum space requirements. The proposed ordinance clarifies that pigs and hogs are classified as livestock and can be owned by residents. The current space requirements specify that those who own hogs for non- commercial use must have at least a one-half (1/2) acre tract of land with at least three thousand (3,000) square feet of space per hog. The Animal Care Advisory Committee met on February 20, 2019 and is in support of making this clarification. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. Za Sec. 4.06.001 Livestock permitted, number (a) Definitions. (1) Fowl shall mean birds, chickens, turkeys, pheasant, quail, geese, ducks, ostriches, emus, pigeons, or similar feathered animals regardless of age, sex or breed. (2) " ' " Livestock shall mean any horse, mule, cattle, hog, pig, sheep, goat, or similar animal classified. as livestock. For the purposes of this article, micro or mini pigs shall not be classified as livestock. (b) General prohibition. It shall be unlawful, except as provided in subsection (c) of this section, for any person to keep, possess, or maintain, or permit keeping on any premises owned by him or under his control, any livestock within the city limits. (c) Area limitations and maintenance requirements for the keeping of livestock. The provisions of subsection (b) of this section shall not apply to the following situations: (1) Bona fide zoos, stock shows, fairs, animal judging and shows, and circuses. (2) Bona fide public or private school projects, when conducted upon school property and under faculty supervision. (3) Facilities owned and used by a licensed veterinarian in connection with his practice of veterinary medicine. (4) Guinea pigs, hamsters, rabbits, chickens, ducks or other animals or fowl of similar size which are kept entirely within an enclosed building, which building is of such design and material as to retain any noises or odors caused by such animals or fowl. (5) Livestock (other- than hogs ^r pigs) which are kept in compliance with the following requirements: (A) Horses or other equine animals, as a private stable (not for commercial purposes), and other livestock may be kept on tracts of land of not less than one (1) acre. (B) Bovine animals may be kept for personal use (not for commercial purposes) on tracts of land of not less than one-half (1/2) acre. (C) All other Liivestock (except those listed in section 5A ) which are kept as pets for noncommercial purposes, may be kept on tracts of land of not less than one-half (1/2) acre. (D) In addition to the requirements set forth in sections (5)(A), (5)(B), and (5)(C), it shall be unlawful for any person to keep or harbor any livestock within the corporate limits of the city, where there is less than three thousand (3,000) square feet per livestock. (E) In connection with all of the above-described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this section must be kept in a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the residing vicinity or the existence of any nuisance dangerous to the public health. Any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this section must be approved for such purposes by the animal care manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4.06, SECTION 4.06.001(A)(2) AND SECTION 4.06.001 (C)(5) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO LIVESTOCK OWNERSHIP; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 4, Article 4.06, Section 4.06.001(a)(2) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: ARTICLE 4.10 ANIMAL CARE FEES Sec. 4.06:001 Livestock permitted, number (a) Definitions. (2) Livestock shall mean any horse, mule, cattle, hog, pig, sheep, goat, or similar animal classified as livestock. For the purposes of this article, micro or mini pigs shall not be classified as livestock. Section 2. That Chapter 4, Article 4.06, Section 4.06.001(c)(5) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: ARTICLE 4.10 ANIMAL CARE FEES Sec. 4.06.001 Livestock permitted, number (c) Area limitations and maintenance requirements for the keeping of livestock. The provisions of subsection (b) of this section shall not apply to the following situations: (5) Livestock which are kept in compliance with the following requirements: (A) Horses or other equine animals, as a private stable (not for commercial purposes), and other livestock may be kept on tracts of land of not less than one (1) acre. r � (B) Bovine animals may be kept for personal use (not for commercial purposes) on tracts of land of not less than one-half (1/2) acre. (C) All other livestock (except those listed in section (5)(A)) which are kept as pets for noncommercial purposes, may be kept on tracts of land of not less than one-half (1/2) acre. (D) In addition to the requirements set forth in sections (5)(A), (5)(B), and (5)(C), it shall be unlawful for any person to keep or harbor any livestock within the corporate limits of the city, where there is less than three thousand (3,000) square feet per livestock. (E) In connection with all of the above-described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this section must be kept in a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the residing vicinity or the existence of any nuisance dangerous to the public health. Any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this section must be approved for such purposes by the animal care manager. Section 3. That if any section, subsection, sentence, .clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - 160� March 19, 2019 Consider amending Ordinance 18-53 to allow a six (6) month deadline extension for the parking, use and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters on residential property, during the period of repair or reconstruction of damage to property caused by Hurricane Harvey BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, Citi Manager f� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider amending ordinance 18-53 to allow a six (6) month deadline extension for the parking, use and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters on residential property, during the period of repair or reconstruction of damage to property caused by Hurricane Harvey. D-:-*,- �1 1► 1 In September, 2017, as a response to more than 2,000 households affected by Hurricane Harvey, Council approved an ordinance to allow for the use of Recreational Vehicles (RVs) and manufactured housing on residential property a period of one, (1) year. In September, 2018, City Council allowed an additional six months as recovery programs were not yet fully implemented. It should be noted that it was not until November, 2018, that the Texas General Land Office (GLO) opened their local offices to begin processing applications for the Homeowner's Assistance Program (HAP), the primary program for the repair and replacement of flooded homes. Although many properties have been repaired'in the past eighteen months, many are still under construction or awaiting repairs: Therefore, the Administration is recommending an additional six (6) month extension of this deadline. As this final deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension. An extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company or if they have applied for and are awaiting CDBG disaster recovery assistance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. 18-053 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 17- 059 BY ALLOWING FOR A SIX (6) MONTH EXTENSION FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE/TS HARVEY; ALLOWING FOR AN OPTION TO REQUEST AN ADDITIONAL NINETY (90) DAY EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A -PENALTY. WHEREAS, on September 19, 2017 the City Council of the City of Beaumont, Texas adopted Ordinance No. 17-059 allowing a period of one (1) year with an option to extend up to six (6) months, with Council approval, for the parking, use and occupancy of recreational vehicles, , manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane/TS Harvey; and, WHEREAS, although many properties have been repaired in the past year, many are still under construction or awaiting repairs; and,. WHEREAS, the Administration is recommending a six (6) month extension of the deadline; and, WHEREAS, as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension; and, WHEREAS, a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to amend Ordinance No. 17-059 to allow a six (6) month deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey; NOW THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. % THAT Ordinance 17-059 is hereby amended to allow a six (6) month deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured -and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey. Section 3. THAT as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request,a ninety (90) day extension. L. Section 4. THAT a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance. Section 5. THAT if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. THAT any person who violates any provision of this ordinance 'shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2018. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 18- 053 BY ALLOWING FOR A SIX (6) MONTH EXTENSION FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE/TS HARVEY; ALLOWING FOR AN OPTION TO REQUEST AN ADDITIONAL NINETY (90) DAY EXTENSION; PROVIDING FOR SEVERABILITY;. PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, on September 19, 2017 the City Council of the City of Beaumont, Texas adopted Ordinance No. 17-059 allowing a period of one (1) year with an option to extend up to six (6) months, with Council approval, for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane/TS Harvey; and; WHEREAS, on September 18, 2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-053 amending Ordinance No. 17-059 by allowing for a six (6) month extension for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day extension; and, l WHEREAS, it was not until November 2018 that the Texas General Land Office (GLO) opened their local offices to begin processing applications for the Homeowner's Assistance Program (HAP), the primary program for the repair and replacement of flooded homes; and, WHEREAS, although many properties have been repaired in the past eighteen months, many are still under construction or awaiting repairs; and, WHEREAS, the Administration is recommending an additional six (6) month extension of the deadline; and, WHEREAS, as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension; and, WHEREAS, a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to amend Ordinance No. 18-053 to allow a six (6) month deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. THAT Ordinance 18-053 is hereby amended to allow a six (6) month deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane Harvey. Section 3. L. THAT as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension. Section 4. THAT a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance. Section 5. THAT if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. THAT any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - Z March 19, 2019 Consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2019 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 19, 2019 REQUESTED ACTION: Council consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2019. BACKGROUND The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction over the rates, operation and services of Entergy Texas, Inc. (ETI), which provides electric utility services in the City of Beaumont. To ensure that ETI is providing fair, just and reasonable rates and efficient services to the area, the City of Beaumont continually assesses the ongoing efforts of ETI and the services it provides to the citizens of Beaumont. This is accomplished primarily through the combined efforts of the cities in the Entergy service area with similar jurisdictional responsibilities. The proposed ordinance allows the City of Beaumont to continue its participation as a member of the Steering Committee of cities within the ETI service area to monitor the operation and services provided by ETI to the citizens of Beaumont. The ordinance also authorizes the hiring of utility consultants and lawyers through the Steering Committee to facilitate the efforts of the service area cities. FUNDING SOURCE The reasonable expenses associated with rate related matters are reimbursable by the company (ETI) pursuant to the Public Utility Regulatory Act of Texas. RECOMMENDATION Approval of an ordinance authorizing the City of Beaumont's participation with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2019. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2019; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; and, WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code § 33.025; and, WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to litigate rate change requests in various proceedings before the Public Utility Commission of Texas or before municipalities in 2019, which may include (1) rate proceedings or cost adjustments such as a transmission cost recovery rider, a distribution cost recovery rider, energy efficiency cost recovery factor, or hurricane restoration cost or offset true - ups, and (2) various fuel cost refunds or surcharges and reconciliations; and, WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2019, and may file other fuel proceedings to refund or surcharge fuel charges; and, WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; and, WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and, WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023; NOW, THEREFORE, BE IT ORDAINDED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The City of Beaumont shall participate with other Cities to intervene in ETI's various rate filings related to the various fuel cost surcharges and reconciliations, any interim.or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission of Texas or with municipalities in 2019. Section 2. The City of Beaumont employs the Lawton Law Firm P.C. to represent the City with regard to the ETI rate matters before local and Public Utility Commission of Texas and any court of law and authorizes counsel to employ rate experts as are recommended by the Cities' Steering Committee to intervene in fuel or rate related proceedings at the Public Utility Commission concerning ETI's rates charged to Texas customers. Section 3. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. Section 4. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This Ordinance shall be effective from and after the date of its passage. PASSED BY THE CITY'COUNCIL of the City of Beaumont this the 19th day of March, 2019. - Mayor Becky Ames - ATTEST: City Secretary WORK SESSION Review and discuss proposed changes to the Code of Ordinances related to Event Facility fees and charges WORK SESSION Review and discuss requirements for the installation of Small Cell Network Nodes and Node Support Poles