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HomeMy WebLinkAboutJAN 21 2025 - PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 21, 2025 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update TxDOT Status Update of Construction Projects within the City of Beaumont RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-5 (or any other topic). CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the minutes of the January 7, 2025, City Council meeting minutes. B. Council consider a Resolution approving amendments to the Transit Purchasing and Procurement Policy for the Transit Management of Beaumont, also known as BMT Zip. C. Council consider a Resolution authorizing the Transit Management of Beaumont to award a Tire Lease Contract to Bridgestone Americas Tire Operations, LLC for the BMT Zip transit -revenue fleet. D. Council consider a resolution approving award of a contract for the masonry repointing and repair of the Jefferson Theatre West wall. E. Council consider a resolution approving a five-year lease purchase agreement with KS State Bank located in Manhattan, Kansas related to the purchase of a fire truck. F. Council consider a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing. REGULAR AGENDA Council consider a resolution allowing the City Manager to enter an agreement with GAP Strategies for Bond Facilitation Services. 2. Council consider a resolution authorizing the City Manager to execute Change Order No. 10, accept maintenance, and authorize final payment to King Solution Services, LLC, of Houston, Texas for the City Wide Pipe Bursting Contract — Phase I. 3. Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, for the Fannett Road Sidewalk Improvements. 4. Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Cattail Marsh Levee Emergency Repair Project. 5. Council to consider approving an ordinance calling the General Election for May 3, 2025, to elect a Mayor, two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one for each Wards I, II, III and IV); and approving a runoff election if necessary on June 7, 2025. WORK SESSION Council to review and discuss the Beaumont Police Department's Response to Calls Report. COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • Exxon Mobil Coraoration v. Robert Andres Bonta a.k.a. Rob Bonta. in his individual capacity; Sierra Club, Inc.; Surfrider Foundation, Inc.; Heal The Bay, Inc.; Baykeeper, Inc.; and Intergenerational Environment Justice Fund Ltd; Case No. 1:25-ev-00014 • The Estate of Shirley Harrison v. Jefferson County, Texas; Cause No. 24DCCV2213 • Caleb Fenter and Beaumont Professional Firefighters Local #399 (Intervenors) v. City of Beaumont, Christopher S. Boone, Kenneth Williams, Roy West, Earl White, Taylor Neild, Mike Getz, Audwin Samuel, Charles Durio, Albert Turner, and Randy Feldschau; Cause No. B- 210244 ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. I_1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: January 21, 2025 REQUESTED ACTION: Council to consider approving the minutes of the January 7, 2025, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS Minutes - January 7, 2025 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, At -Large ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Mayor Pro Tern CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III JANUARY 7, 2025 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on January 7, 2025, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition - Mural Fest * Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-5, 9 & 10. (or any other topic). Items 6-8 have already been heard in a Public Hearing therefore, citizens can't speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Sharlene Rhone of the Greater Macedonia Missionary Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tern Neild, Councilmembers Durio, Getz, Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-5 9 & 10. (or any other topic). Items 6-8 have already been heard in a Public Hearing therefore, citizens can't speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beau monttexas. gov) Kate Hambright Margaret Jackson Landry Roundtree 7 Cheska Hollow 5650 Jackie Ln. 1565 S. Major Dr. Beaumont TX Beaumont TX Beaumont TX Jennifer Trenbeath 999 Calder Beaumont TX Minutes — January 7, 2025 Daniel Campise 2095 Dowlen Beaumont TX Dylan Richardson Mike Williams 555 Neild Dr. 7725 Devonshire Beaumont TX Beaumont TX CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the December 17, 2024, City Council meeting minutes. B. Council to consider a Resolution authorizing the City Manager to execute a Grant Agreement with Legacy CDC for the non -congregate shelter units project outlined in our HOME -ARP plan - Resolution 25-001 C. Council to consider a resolution approving the renewal of an annual maintenance agreement from Azteca Systems LLC of Sandy, UT for use by several city departments - Resolution 25-002 D. Council to consider a resolution by changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for Banking - Resolution 25-003 E. Council to consider a resolution requesting a change in investment authority for the City of Beaumont — Resolution 25-004 F. Council to consider approving a resolution for a five-year lease purchase agreement with KS State Bank located in Manhattan, Kansas related to the purchase of a fire truck — Tabled Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution supporting the relocation of two (2) State Historical Markers. The Jefferson County Historical Commission is seeking approval for the relocation of two State Historical Markers from the Texas Historical Commission onto City of Beaumont property. The Nancy Tevis Historical Marker (Marker number 10573, posted in 1976) and the Beaumont Lumber Mill City of the Nineteenth Century Historical Marker (Marker Minutes — January 7, 2025 Number 10496, posted in 1977) were washed away from Riverfront Park because of Hurricane Harvey in 2017. Post Hurricane Harvey, the Jefferson County Historical Commission had the markers recast, and they are currently held in storage. The markers were originally intended to be replaced at Riverfront Park once the restoration was complete, however there is concern about the possibility of another storm event washing away the replaced markers. With consideration of the details for both markers and their locations, the Jefferson County Historical Commission has requested to relocate the Historical Markers to the Event Centre located at 700 Crockett Street. This will allow the markers to still be within an appropriate location regarding their context and will likely gather a larger audience due to the continued repairs at Riverfront Park limiting access to the public. The Historic Landmark Commission voted 8:0:1 on November 18, 2024, to approve this request. Approval of the resolution. Mayor Pro Tem Nelld moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUPPORT THE RELOCATION OF TWO (2) STATE HISTORICAL MARKERS, THE NANCY TEVIS HISTORICAL MARKER (MARKER NUMBER 10573, POSTED IN 1976) AND THE BEAUMONT LUMBER MILL CITY OF THE NINETEENTH CENTURY HISTORICAL MARKER (MARKER NUMBER 10496, POSTED IN 1977), TO THE EVENT CENTRE LOCATED AT 700 CROCKETT STREET. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 25-005 2. Council to consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with Callan Marine, Ltd., for the Riverfront Park Restoration Project. On January 24, 2023, by Resolution No. 23-030, the City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. There were previous Change Order Nos. 1-5, in the amount of $159,745.46. Proposed Change Order No. 6, in the amount of $100,352.84, is necessary to install the required permanent erosion control at the project site and for minor cutting of precast panels for the dock to ensure proper installation. A total of twelve (12) calendar days will be added to the contract for the additional work. The contract includes a contingency allowance amount of $1,000,000.00. If approved, Change Order No. 6 will be deducted from the contingency allowance resulting in no change to the current contract amount of $17,039,121.46. Minutes — January 7, 2025 Funds will come from the Certificates of Obligation in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 6, IN THE AMOUNT OF $100,352.84, TO BE PAID FROM THE CONTINGENCY ALLOWANCE, RESULTING IN NO CHANGE TO THE CURRENT CONTRACT AMOUNT OF $17,039,121.46, FOR THE RIVERFRONT PARK RESTORATION PROJECT; AND THAT TWELVE (12) ADDITIONAL DAYS ARE ADDED TO THE CONTRACT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 25-006 3. Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Fannin Street and 11th Street Storm Sewer Point Repair and Cavity Repair Emergency Project. The City of Beaumont Public Works Engineering was notified by the Streets and Drainage department about a cavity in City right of way at the intersection of Fannin Street and 11th Street on December 18, 2024. During an on -site investigation and inspection of utilities in the area, a failure in the storm sewer along 11th Street was discovered near its connection to the box culvert trunk line running along Fannin Street. This failure has caused a large cavity to form at the surface, exposing several other utilities, including an AT&T fiber optic duct bank, a sanitary sewer line, a gas line, multiple utility poles, and an AT&T electrical box that has been undermined to the point it is falling into the cavity. Given the size of the cavity, the exposure and undermining of nearby infrastructure, and the preliminary findings from the survey and inspection indicating defects in the storm sewer line, Public Works/Engineering has determined that stabilization of the site and repairs to the storm sewer must be performed on an emergency basis. On December 19, 2024, the City obtained a time and materials proposal not to exceed the amount of $112,334.00 from Brystar Contracting, Inc., to stabilize the cavity by backfilling and making the necessary storm sewer repairs. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO BRYSTAR CONTRACTING INC., OF BEAUMONT, Minutes — January 7, 2025 TEXAS, FOR THE FANNIN STREET AND 11T" STREET STORM SEWER POINT REPAIR AND CAVITY REPAIR EMERGENCY PROJECT, IN AN AMOUNT NOT TO EXCEED $112,334.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 25-007 4. Council to consider a Resolution authorizing the City Manager to use transit -revenue vehicle services for emergency evacuations during natural or man-made disasters, following an imminent threat or an emergency declared by the President, Governor, or the Mayor of the City of Beaumont, or in emergency situations requiring immediate action. The City of Beaumont Transit system, also known as the BMT Zip, provides public transportation services under the guidelines and provisions of the Federal Transit Administration. Due to the geographical location of the City of Beaumont, severe weather events can occur, man-made disasters, and emergencies can be declared, residents may require emergency transportation services. Under those circumstances as described, and in full compliance with the CFR-2010- 49 — PART 604 CHARTER SERVICE, the City Manager or approved designee will approve the use of transit revenue vehicles (i.e., Buses or Paratransit Vans), to transport or otherwise to evacuate residents to and from a safe location. Funds will come from the Transit Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO PERMIT THE USE OF TRANSIT -REVENUE VEHICLES FOR EMERGENCY EVACUATIONS DURING NATURAL OR MAN-MADE DISASTERS, FOLLOWING AN IMMINENT THREAT OR AN EMERGENCY DECLARED BY THE PRESIDENT, GOVERNOR, OR THE MAYOR OF THE CITY OF BEAUMONT, OR IN EMERGENCY SITUATIONS REQUIRING IMMEDIATE ACTION. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 25-008 5. Council to consider an ordinance authorizing participation in regulatory proceedings of Entergy Texas, Inc. in 2025. Minutes — January 7, 2025 In 2024, the city participated in several proceedings that resulted in cost savings to our citizens and local businesses. Continued participation will allow the city to participate and reap the benefits of negotiated settlements for cases Entergy Texas, Inc. files with the Public Utility Commission. Approval of ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC., AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2025; 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. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 25-001 6. Council to consider a request for a Specific Use Permit to allow a drinking place in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Building C, Suite 5. Dion Lowe and Alicia Ramsey are requesting approval of a Specific Use Permit to allow a drinking establishment to be located at 3100 N Major Drive, Building C, Suite 5. The proposed operations will run from 12:00 PM to 2:00 AM. The business plans to offer specialty drinks and finger foods. The applicant intends to cater to after work needs for professionals, with a dress code and age limit for patrons. At a Joint Public Hearing held on December 16, 2024, the Planning Commission recommended 5:0 to deny the request for a Specific Use Permit to allow a drinking place in a GC-MD-2 (General Commercial Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Building C, Suite 5. Denial of the ordinance. Councilmember Getz moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DEINKING PLACE IN AN GC-MD-2 GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3100 N. MAJOR DRIVE, BUILDING C, SUITE 5, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes — January 7, 2025 NAYS: NONE MOTION DENIED 7. Council to consider a request for a Specific Use Permit to allow a vehicle storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5525 Cole Street. Jennifer and Buddy Dubose of Hooked Recovery are requesting approval of a Specific Use Permit to operate a vehicle storage facility to be located at 5525 Cole Street. Hooked Recovery is a repossession collector for delinquent loans of automobiles, boats, watercrafts, ATV's, recreational vehicles, lawnmowers, farm equipment, utility trailers and more in collaboration with banks through the national repossession database. Notification of repossession is sent by the bank, and then accepted by Hooked Recovery where they then locate the requested repossession; once located they notify the bank, and local police department then relocate the repossessed item to the storage location at 5525 Cole Street. The item will be held on the lot for a period of 1-60 days based on the lienholders processes. City of Beaumont Police Department requires all towing services to be registered with the city, in addition to bearing proof of being licensed and permitted as a tow truck pursuant to State statues. At a Joint Public Hearing held on December 16, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a vehicle storage facility in a GCCMD (General Commercial Multiple Family Dwelling) District for property located at 5525 Cole Street, with the following conditions: 1. The applicant shall be in compliance with Articles 12.06 and 6.08 of the City's Code of Ordinances. 2. The applicant shall obtain a Certificate of Occupancy from Building Codes. 3. All repossessed items must be located within the enclosed area and shall not be stored on any right-of-way. 4. Any future construction plans must meet all requirements by Water utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. Protest against this request was received by more than 20% of the land immediately adjoining the subject property. Therefore, a vote of three -fourths (3/4) of the City Council shall be required to approve the requested Specific Use Permit, per Section 28.02.008(d) of the City's Code of Ordinances. Approval of the ordinance, with the following conditions: 1. The applicant shall be in compliance with Articles 12.06 and 6.08 of the City's Code of Ordinances. Minutes — January 7, 2025 2. The applicant shall obtain a Certificate of Occupancy from Building Codes. 3. All repossessed items must be located within the enclosed area and shall not be stored on any right-of-way. 4. Any future construction plans must meet all requirements by Water utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VEHICLE STORAGE FACILITY IN AN GC -MD GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5525 COLE STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 25-002 8. Council to consider a request for an Amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial Multiple Family Dwelling-2) District portion of the property for property located at 3100 N. Major Drive. In February of 2017, the City Council approved a Specific Use Permit to allow a 37,750 sq. ft. retail shopping center with 216 parking spaces. The proposed tenants included retail shopping, offices and restaurants. In April of 2023, the developer received an Amended Specific Use Permit to accommodate site layout changes from the original application. Hani Tohme is requesting approval of an Amended Specific Use Permit to allow the construction of a third driveway to serve the retail shopping center. This driveway will be gated and serve as an access point for delivery trucks. The submitted site plans show a 5' wide sidewalk to be placed within the Texas Department of Transportation (TXDOT) right-of-way. Planning staff have not received a copy of a permit issued from TXDOT allowing a sidewalk within their right-of-way. Therefore, the applicant and their engaged contractor will be held responsible to ensure development of the facility follows the site plan approved by the Planning Division on March 14, 2023, which demonstrated all parts of the sidewalk to be installed on private property. At a Joint Public Hearing held on December 16, 2024, the Planning Commission recommended 4:1 to approve the request for an Amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial Multiple Family Dwelling-2) Minutes — January 7, 2025 District portion of the property for property located at 3100 N. Major Drive, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 3. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 4. The 5' wide sidewalk shall be constructed on private property along the front property line, unless the applicant submits to the Planning Offices written permission from the Texas Department of Transportation (TXDOT) allowing the sidewalk to be placed within their right-of-way. 5. Shall submit an amended plan to the Building Official reflecting the construction of the third driveway. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 3. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 4. The 5' wide sidewalk shall be constructed on private property along the front property line, unless the applicant submits to the Planning Offices written permission from the Texas Department of Transportation (TXDOT) allowing the sidewalk to be placed within their right-of-way. 5. Shall submit an amended plan to the Building Official reflecting the construction of the third driveway. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, CLOTHING STORES, FOOD SHOPS, BEAUTY SALONS, PROFESSIONAL OFFICES, AND A THIRD DRIVEWAY TO SERVE THE RETAIL SHOPPING CENTER IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE DWELLING-2) DISTRICT AT 3100 N. MAJOR DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes — January 7, 2025 NAYS: NONE MOTION PASSED ORDINANCE 25-003 PUBLIC HEARING Council to conduct a Public Hearing to consider an ordinance to declare 328-338 Bowie and 486-498 Pearl Street, also known as "The Gilbert Building," as imminent Danger and order the owner to raze the said structure within 5 days. If the property owner fails to comply within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. Public Hearing Open: 2:50 p.m. Tom Flanagan 595 Orleans Beaumont TX Public Hearing Close: 3:44 p.m. REGULAR AGENDA 9. Council to consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," as Imminent Danger and order the owner to raze the said structure within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. On June 6, 2024," The Gilbert Building" was engulfed by fire. On August, 20, 2024, the City Councial approved Ordinance No. 24-043 ordering that the building's roof, walls and floors be restored by January 10, 2025. As of December 19, 2024, the property owner has communicated to City staff that the restoration project at 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," will not meet the January 10, 2025, deadline set by Ordinance No. 24-043. Staff have not received an updated project schedule, nor a decision made by the property owner whether to proceed with the project as indicated on both project schedules. This decision was to be made in October/November 2024. While some interior demolition work and additional analysis has been underway, no permits to repair the building have been applied for. Please see below for a more detailed timeline of this case for reference and staff recommendation: The structure at 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," was "tagged" as imminent danger on June 10, 2024. The structure had been damaged by fire. The recommendation issued by Terry Shipman of Fittz & Shipman, Inc., a licensed engineer in the State of Texas, states, "...the building should be demolished. If the exterior walls are salvaged, a demolition plan should be prepared by a qualified professional to ensure the safe removal of the debris. The exterior walls will need to be shored with the shoring plan designed by a structural engineer registered in the State of Texas." Minutes — January 7, 2025 Staff recommended demolition of the structure due to the imminent danger to life and public safety. On June 18, 2024, the City Council tabled this item for sixty (60) days with the following conditions to be completed within five (5) business days: 1. Erect a 6' fence to barricade the perimeter of the building for public health and safety purposes. 2. The property owner shall submit a work program with the Building Codes Department. On August 20, 2024, an extension of time was granted to the property owner by Ordinance No. 24-043 with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed within one hundred fifty (150) days, no later than January 10, 2025. The property owner shall obtain all applicable permits. Requests for extensions of time shall be reviewed by the City Council. 2. The property owner shall submit a restoration progress report to the Building Official every sixty (60) days to ensure substantial progression occurs until the building complies with all codes and ordinances. The property owner shall appear before the City Council on the next available agenda subsequent to January 10, 2025, to report any findings or progress during restoration of the Gilbert Building and disclose intent to make all necessary repairs to comply with the 2021 International Property Maintenance Code. 3. The property owner shall render payment to the City of Beaumont, within ten (10) days of the date of this order, for reimbursement for the use of thirty-four (34) water wall barricades for 328 Bowie Street, the Gilbert Building, in the amount of $12,320.00. The property owner will pay all invoiced amounts for the continued use of said barricades. It is important to note, the repairs currently being made to this structure will only bring the building back to its pre-existing conditions prior to the fire that occurred this summer. The building still remains tagged as an imminent danger. Staff recommends approval of an extension to February 10, 2025, to allow the property owner additional time to comply with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed no later than February 10, 2025. The property owner shall obtain all applicable permits. 2. The property owner shall appear before the City Council at the February 18, 2025, meeting, to report on the completion of the project and disclose intent, plans and timeline to make all necessary repairs to bring the building into full compliance with the 2021 International Property Maintenance Code. Minutes — January 7, 2025 Funds will come from the General Fund. Approve a 30-day extension to allow the property owner additional time to comply with condition #1 of Ordinance No. 24-043, with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed no later than February 10, 2025. The property owner shall obtain all applicable permits. 2. The property owner shall appear before the City Council at the February 18, 2025, meeting to report on the completion of the project and disclose intent, plans and timeline to make all necessary repairs to bring the building into full compliance with the 2021 International Property Maintenance Code. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE THAT THE CITY COUNCIL HEREBY APPROVES AN EXTENSION UNTIL APRIL 23, 2025, AT WHICH TIME THE EXTERIOR WALLS, ROOF, AND ELEVATED FLOORS SHALL BE RESTORED TO THE ORIGINAL STRUCTURAL CAPACITY AS IDENTIFIED BY A STRUCTURAL ENGINEER REGISTERED IN THE STATE OF TEXAS, THE PROPERTY OWNER SHALL OBTAIN ALL APPLICABLE PERMITS, ADDITIONALLY, THE CITY COUNCIL WILL APPROVE AN EXTENSION SO THAT THE PROPERTY OWNER SHALL APPEAR BEFORE THE CITY COUNCIL AT THE MARCH 11, 2025, CITY COUNCIL MEETING TO REPORT ON THE PROGRESS OF THE PROJECT AND DISCLOSE INTENT, PLANS AND TIME LINE TO MAKE ALL NECESSARY REPAIRS TO BRING THE BUILDING INTO FULL COMPLIANCE WITH THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, AND SAMUEL NAYS: MAYOR PRO TEM NEILD AND COUNCILMEMBER FELDSCHAU MOTION PASSED ORDINANCE 25-004 PUBLIC HEARING Council to conduct a public hearing to consider finding and ratifying the determination of the Public Health Director that a public health nuisance exists on the property located at 5150 Laurel Avenue with the legal description of MAPLEWOOD-2 L 19 137. Public Hearing Open: 3:52 p.m. None Public Hearing Close: 3:58 p.m. REGULAR AGENDA Minutes — January 7, 2025 10. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property at 5150 Laurel Avenue with the legal description of MAPLEWOOD-2 L19 B7. According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is declared to be a nuisance. The legal description and violations of this property are MAPLEWOOD-2 L19 B7 Litter Control, Rodent Harboring Conditions, and Mosquito Breeding Conditions. If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. Funds will come from local funding. Approval of the resolution. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 5150 LAUREL AVENUE, WITH THE LEGAL DESCRIPTION OF MAPLEWOOD-2, L19, B7, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 25-005 WORK SESSION Council to review and discuss the FY 2025 Budget and Budget Process. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION With there being no Executive Session, the meeting adjourned at 6:02 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes — January 7, 2025 lw� // j TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a Resolution approving amendments to the Transit Purchasing and Procurement Policy for the Transit Management of Beaumont, also known as BMT Zip. BACKGROUND Beaumont's transit system, operated by the private company Transit Management of Beaumont, also known as "BMT Zip," receives funding and oversight from the Federal Transit Administration (FTA). As a result, the City must adhere to the regulations and must approve any updates to the management company's Purchasing and Procurement Policy to ensure compliance with FTA regulations as we are the subrecipient of grant funds. The updated policy is attached. FUNDING SOURCE Not Applicable. RECOMMENDATION Approve the Resolution. ATTACHMENTS Transit Purchasing and Procurement Policy Rev. 2025. 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 approve amendments to the Transit Purchasing and Procurement Policy for the Transit Management of Beaumont, also known as BMT Zip. The policy 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of January, - Mayor Roy West - T ransit Purchasing ProcurementPolicy, "'mall TABLE OF CONTENTS Section l: Policy 1 General 1 2 Payment Of Bills 2 3 Invoicing 2 4 Contract Administration System 3 5 Ensuring Most Efficient & Economic Purchase 3 6 Written Code Of Standards 3 7 Non -Collusive Affidavit 4 8 Contractor Qualifications 4 9 Awards To Responsible Contractors 5 10 Written Record Of Procurement History 5 11 Contract Term Limitation 5 12 Options 6 13 Exercise Of Options 6 14 Written Procurement Selection Procedures 6 15 Geographic Preferences 6 16 Full And Open Competition 6 17 Revenue Contracts 7 18 Written Protest Procedures 7 19 Intergovernmental Procurement Agreements 9 20 Lease Vs Purchase 10 21 E-Commerce 10 22 Use Of Value Engineering In Construction Contracts 10 23 Solicitation Prequalification Criteria 10 24 Prequalification System 10 25 Architectural Engineering (A&E) Services & Other 11 26 Design -Bid Build Project 12 27 Design -Build Project 12 28 Independent Cost Estimates And The Cost And Price Analysis 12 29 Evaluations 14 30 Sound And Complete Agreement 15 31 Contract Provisions 15 32 Prohibited Or Restricted Contract Types 16 33 Cardinal Changes 16 34 Methods of Procurement 16 35 Bonding Requirements 21 36 Payment Provisions In Third Parry Contract 21 37 Liquidated Damages Provisions 21 38 Contract Award Announcement 22 39 Post Delivery Activities 22 Section 2: Appendices Appendix 1: Contract Language For FTA Funded Contracts 24 Appendix 2: Federal Clause Matrices 25 io l �llelll Appendix 3: FTA Mandatory Provisions 33 Appendix 4: COB/TMB Procurement Procedure Checklist 49 Appendix 5: Conflict of Interest Questionnaire 50 Section 3: Forms COB/TMB Form #1: Responsibility Determination Checklist 53 COB/TMB, Form #2: Single Bid Analysis Checklist 54 COB/TMB, Form #3: A&E Professional Services Procurement Checklist 55 COB/TMB Form #4: Micro -Purchase: Fair & Reasonable Price Determination 56 COB/TMB, Form #5: A&E Evaluation/Selection Criteria 57 COB/TMB Form #6: Independent Cost Estimate (ICE) Summary Form 58 "'mall CITY OF BEAUMONT/ TRANSIT MANAGEMENT OF BEAUMONT PURCHASING AND PROCUREMENT POLICY Section I 1. ("Perieural A. Purpose. This policy provides the policies and procedures related to the procurement of goods and services with funding from the FTA, other federal appropriations, the State of Texas and/or local sources. The City of Beaumont (COB) is the direct recipient of Federal Transit Administration (FTA) funds. The City of Beaumont contracts Transit Management of Beaumont (TMB) to manage and operate its transit system. The Department of Transportation, Federal Transit Administration, issued Circular 4220.1F which sets out the requirements that must be adhered to in the solicitations, awards and administration of third - party contracts under FTA assistance programs. These guidelines ensure that COB/TMB obtains goods and services in accordance with federal, state and local requirements. The oversight process described in this document outlines the steps that will be taken to ensure that COB/TMB meets FTA requirements in four areas: procurement threshold and solicitation processes, the adherence to and inclusion of FTA clauses as required, and documentation and maintenance of procurement records. The following documents shall be incorporated into COB/TMB's policies and procedures manual and used for determining additional regulations and guidelines to be used when needed: l) FTA - Master Agreement; 2) FTA - Circular C 4220.1 Third Party Contracting Requirements; 3) FTA - Circular 5010.1 B Grant Management Guidelines; 4) FTA - Best Practices Procurement Manual and FTA Third Party Contracting FAQs; 5) 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. B. COB/TMB Purchasing Policy. COB/TMB will utilize the procurement procedure checklist in Appendix 4 where applicable and maintain documentation in procurement files. The checklist will be signed by the person filling it out, and also signed by a person reviewing the procurement package. All purchases require an approved purchase order with the exception of some items which are under lease such as rent and equipment, some petty cash purchases (under $500.00) and also payments on accounts such as telephone, insurance, payroll taxes, gasoline, professional services, and subscription or dues renewals. Materials and Supplies Requiring a Purchase Order are made only based on the following: 1) For parts or shop supplies, the Parts or Supply Request Form is properly completed, signed by the Maintenance Manager and submitted to the Preventative Maintenance and Inventory Clerk (PMI Clerk). All other purchase requests are submitted in writing, i.e. via email or a Supply Request Form to the Buyer and approved by either the General Manager or his or her designee. 2) Unit prices are obtained for items requisitioned on Parts and Supply Requests based on the following competitive quotations guide: a) Orders under $1,000.00 - Purchased at the best price based on previous purchases or cooperative purchasing contracts. Transit Purchasing and Procurement Policy "'mall b) Orders between $1,001.00 - $4,999.99 - Three quotations are obtained and a written record is made of prices quoted. c) Orders between $5,000.00 - $49,999.99 - Written quotations must be obtained from at least three different suppliers. Specifications can be prepared and bids must be received by the Buyer or the Preventative Maintenance and Inventory Clerk. d) Orders over $50,000.00 - Formal bid process required; required advertisement and public opening for competitive sealed bids. Specifications shall be prepared and bids must be advertised in accordance with State requirements and the Beaumont City Council approves and awards the bid or bids to the lowest responsive, responsible vendor(s) who provide the best value for COB/TMB and whose proposed price and other factors have been considered in accordance to the provisions of Chapters 252 and 271 of the State of Texas - Local Government Code. 3) Materials and supplies may also be secured utilizing an approved cooperative purchasing contract (i.e. TXMAS, etc.). 4) All purchase orders are approved using the following guidelines: a) Buyer or PMI Clerk - All purchases to $4,999.99, apart from capital outlay purchases. b) Director of Finance - All purchases and change orders from $5,000.00 to $49,999.99, apart from capital outlay purchases. c) Beaumont City Council/City Manager —All purchases and contracts exceeding $50,000.00. d) Beaumont City Council/City Manager — All change orders exceeding 10% of the total contract or any single change in excess of $10,000.00. 2. 1 ,ayrnent of Bills A. Policy. Invoices will not be approved for payment until all of the proper documentation has been prepared and received. For all contracted services or repairs, written verification of completion by the Maintenance Department is required. TMB's Finance Department will be responsible for verifying the accuracy of all invoices and documentation. B. Procedure. Upon receipt of any invoices for payment, the Finance Department will compare the invoice with any documentation in his or her possession, i.e. purchase orders, receiving reports, packing slips, etc. Once the accuracy of the invoice is determined, the Director of Finance or his or her designee will process it for payment. 3. 1 invo iic ling Invoices: Invoices must be submitted to Finance for auditing and payments by vendors to: Transit Management of Beaumont — Finance 550 Milam St, Beaumont, Texas 77701 invoices@beaumonttransit.com When TMB receives an invoice from the vendor, the invoice must be sent directly to Finance for processing. Invoices received not referencing a valid TMB purchase order number are returned to the vendors requesting this information before they can be processed. Invoices shall not be held at the department level for any reason. This will only delay the payment of such an invoice and distort the true picture of'financial statements. Transit Purchasing and Procurement Policy 2 Disbursements: • A disbursement is prepared only after all proper supporting documents have been reviewed and approved for payment. • It is the Policy of Finance to not process for payment a purchase order without an invoice. • Vendors are instructed to indicate a valid COB/TMB purchase order number on the invoice at all times to avoid delays in the payment process. Payment Terms: • COB/TMB's payment terms to all vendors is 30 days of the date of invoice unless specified by contract. COB/TMB will honor all discount terms to reduce expenditures if previously negotiated. 4. t'.."oi tract. yst ern COB/TMB administration shall maintain contract administration systems that ensure contractors/firms perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. The accepted performance of contractors/firms will be a factor in subsequent contract negotiations and award. Remedial action by COB/TMB through legal processes shall be considered in instances of identified significant nonperformance. . 1IEnsu rife g Most El"i:rcieo nit and Econo�rrdc llll-lurelllliase COB/TMB requires a review of proposed procurements to avoid purchasing unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives and any other appropriate analysis to determine the most economical approach. too. Writlen Code. oi° St auicm«iVaau ds COB/TMB is required to maintain written standards of conduct governing the performance of their employees engaged in the award and administration of contracts supported by Federal funds. The standards must: • Preclude any employee officer, agent, or board member or his or her immediate family member, partner, or organization that employs or is about to employ any of the foregoing from participating in the election, award, or previously listed has a financial or other interested in a firm considered for a contract. • COB/TMB's officers, employees, or agents may neither solicit nor accept gifts, gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub -agreements. COB/TMB may set minimum rules when the financial interest is not substantial, or the gift is an unsolicited item of nominal value. • Provide for disciplinary action for violation of such standards by COB/TMB's officers, employees, or agents, or by contractors or subrecipients or their agents to the extent permitted by state or local law or regulations. No employee, officer, or agent of COB/TMB shall participate in the selection or in the award or administration of a contract supported by any federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict could arise if the employee, officer or agent; any member of his or her immediate family; his or her partner; an organization which employs or is about to employ any of the above, has a financial or other interest in the firm selected for award. Transit Purchasing and Procurement Policy 3 A form disclosing potential conflicts of interest involving counties, cities, and other local government entities may be required to be filed by vendors or potential vendors to local government entities. These requirements are set forth in Chapter 176 of the Texas Local Government Code added by H.B. No. 23 of the last Texas Legislature. Companies and individuals who contract, or seek to contract, with the City of Beaumont/ Transit Management of Beaumont and its agents will be required to complete a Conflict of Interest Questionnaire that describes affiliations or business relationships with the COB/TMB officers, or certain family members or business relationships of the COB/TMB officer, with which such persons do business, or any gifts in an amount of $250.00 or more to the listed COB/TMB officer(s) or certain family members. These requirements are in addition to any other disclosures required by law. The Conflict of Interest Questionnaire (Form CIQ) will be attached to bid packets requiring contracts and can be found in Appendix 5 of this policy. Vendors doing business with the COB/TMB shall comply with all provisions of the COB/TMB's Code of Ethics. A person or entity who seeks or applies for a contract with COB/TMB or any other person acting on behalf of such person or entity, is prohibited from contacting city officials and/or COB/TMB employees regarding such a contract after a Request for Proposal (RFP), Request for Qualification (RFQ), Invitation for Bid (IFB) or other solicitation has been released, if such contact could be construed as an attempt to influence a decision regarding said contract. This no -contact provision shall conclude when the contract is awarded. If contact is required, such contact will be done in accordance with procedures incorporated into the solicitation document. Violation of this provision by respondents or their agents may lead to disqualification of their offer from consideration. 7. COB/TMB may require that vendors submit a Non -Collusive Affidavit. The vendor will be required to state that the party submitting a proposal or bid, that such proposal or bid is genuine and not collusive; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any Bidder or Person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or of any other Bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other Bidder, or to secure any advantage against COB/TMB or any person interested in the proposed contract; and that all statements in said proposal or bid are true. Any alleged violations of these standards of conduct shall be referred to the appropriate District Attorney and as appropriate to the Texas Ethics Administration. Where violations appear to have occurred, the offending employee, officer or agent shall be subject to disciplinary action, including but not limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution. 5. Coiitrae( Qualifications The following Federal laws and regulations may affect contractor selection: 1) "Responsibility" Requirements. In addition to the Common Grant Rules that require contract awards be made only to responsible contractors, Federal transit law at 49 U.S.C. Section 53250) limits third party contractor awards to those contractors capable of successfully performing under the terms and conditions of the proposed contract. Before selecting a contractor for award, COB/TMB must consider such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 2) Debarment and Suspension. Debarment and suspension regulations and guidance include the following: Transit Purchasing and Procurement Policy 4 a) DOT Debarment and Suspension Regulations. Department of Transportation (DOT) regulations, "Nonprocurement Suspension and Debarment," 2 CFR Part 1200 apply to each third party contract at any tier of $25,000.00 or more, to each third party contract at any tier for a federally required audit (irrespective of the contract amount), and to each third party contract at any tier that must be approved by an FTA official irrespective of the contract amount. See, 2 CFR Part 1200. Thus, COB/TMB must apply DOT's debarment and suspension requirements to itself and each third party contractor at every tier to the extent required by DOT's regulations that incorporate the requirements of Office of Management and Budget (OMB), "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 CFR Part 180. . Awaaurds t(i 11.espoiiiirs1ble :.,oiiirit>Irar;l,oirs COB/TMB shall make awards only to responsible contractors possessing the ability to perform successfully under the terns and conditions of a proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 11). Wriften IIIVI rco rd ol* P ro cuir°erinen4 I fistory In order to maintain records sufficient to detail the significant history of a procurement, COB/TMB will at a minimum provide the following for each procurement: • Rationale for the method of procurement (i.e., micro -purchase, request for proposals, invitation for bids, sole source) • Sole source justification for any purchase that is not competitive • Selection of contract type (i.e., fixed price, cost reimbursement) • Reason for contractor selection or rejection • Written Compliance Determination for the successful contractor (complete COB/TMB Form #1, Compliance Determination Checklist and place in procurement file). Basis for the contract price (i.e., cost/price analysis) COB/TMB will perform a cost or price analysis in connection with every procurement action over $50,000.00, including contract modifications. To facilitate this, COB/TMB will develop an independent cost estimate prior to receipt of bids or proposals. These documents will become part of the procurement file which COB/TMB will create for procurement actions it undertakes. Procurement records shall be kept for a period of time as defined in the grant contract and/or state public records laws, whichever is longer. 11. Co ritilract '11"eirnui II ,inarikafioruri� COB/TMB shall not enter into any contract for rolling stock or replacement parts with a period of performance exceeding five (5) years inclusive of options. All other types of contracts (supply, service, leases of real property, revenue and construction, etcetera) should be based on sound business judgment. COB/TMB is expected to be judicious in establishing and extending contract terms no longer than minimally necessary to accomplish the purpose of the contract. Additional factors to be considered include competition, pricing, fairness and public perception. Once a contract has been awarded, an extension of the contract term length that amounts to an out of scope change will require a sole source justification. Transit Purchasing and Procurement Policy 5 12. t.1p[rtlllons COB/TMB's contracts may include options to ensure the future availability of property or services, so long as COB/TMB is able to justify those options as needed for its public transportation or project purposes. An option is a unilateral right in a contract by which, for a specified time, COB/TMB may acquire additional equipment, supplies, or services than originally procured. An option may also extend the term of the contract. it i. Illl xerc1 srµ of Options COB/TMB may use contract options held by another recipient with the following limitations: 1) COB/TMB will ensure that the terms and conditions of the option it seeks to exercise are substantially similar to the terms and conditions of the option as stated in the original contract at the time it was awarded. 2) COB/TMB may not exercise an option unless it has determined that the option price is better than prices available in the market, or that when it intends to exercise the option, the option is more advantageous. 14. Written Pr ocuureni�c,n�t. Selettion Proredlure% Each solicitation shall be written and provide a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such a description shall not, in competitive procurements, contain features that unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or approved equal" description may be used as a means to define the performance or other salient characteristics of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated. Each procurement shall provide all requirements that offerors must fulfill and all other factors to be used in evaluating bids or proposals. 15. ('1111 erritirmaphrc Puira,l`e° renees Except where applicable Federal statutes expressly mandate or encourage geographic preference, COB/TMB shall not impose geographical preferences in the evaluation of bids or proposals. However, geographic location may be a selection criterion in procurements for architectural and engineering (A&E) services provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 16. >Ilp;ull and t.tl�)evn t; oruap e iiiticriun COB/TMB will conduct procurement transactions in a manner that provides full and open competition. COB/TMB will refrain from restricting competition by any of the following means: • unreasonable qualification requirements • unnecessary experience requirements • excessive bonding • noncompetitive pricing practices between firms Transit Purchasing and Procurement Policy 6 • noncompetitive awards to firms on retainer • organizational conflicts of interest, "brand name" only specifications • or by means of any other arbitrary action in the procurement process 17. Reveuinje Contira.ets Revenue contracts are those in which the City of Beaumont (COB) or Transit Management of Beaumont (TMB) provides access to public transportation assets for the primary purpose of either producing revenue in connection with an activity related to public transportation, or creating business opportunities with the use of FTA assisted property. If there are several potential competitors for a limited opportunity (such as advertising space on the exterior and interior of buses), then COB/TMB should use a competitive process to permit interested parties an equal chance to obtain that limited opportunity. 1tt. Wiritten t-iii-otest, 11"iroced uijuvres COB/TMB policy requires that all prospective contractors be accorded fair and equal consideration in the solicitation and award of contracts. To that end, any interested party shall have the right to protest alleged inequities in the procurement process and to have its issues heard, evaluated, and resolved administratively. "Interested party" is defined as an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by failure to award a contract. Submittal Procedures An interested party wishing to protest a matter involving a proposed procurement or contract award shall file a written submission to: Transit Management of Beaumont, General Manager 550 Milam St. Beaumont, TX 77701 Protests must be filed by certified mail or other delivery methods by which receipt can be verified. Electronic submission of protests will not be accepted. The protest shall include, at a minimum: o The name and address of the protesting party and its relationship to the procurement sufficient to establish that the protest is being filed by an interested party o Identity of the contact person for the protestor, including name, title, address, telephone, fax and email addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party; o Identification of the procurement; o A description of the nature of the protest, referencing the portion(s) of the solicitation involved; o Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based; o A complete discussion of the basis for the protest, including all supporting facts, documents or data; and o A statement of the specific relief requested. Transit Purchasing and Procurement Policy 7 • The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the internet may be referenced to an appropriate link. • Protests shall be submitted in accordance with the requirements of this chapter and any directions included in the solicitation and shall be addressed to the General Manager. COB/TMB may decide a protest solely upon the written submission. The protest submission must therefore include all materials necessary to support the protester's position. Additional or supplemental materials may only be submitted at the request of, or with the permission of, the General Manager. If the procurement uses federal funds, an informal notice of receipt of a protest must be given to the appropriate regional office of the Federal Transit Administration. The form of notice may be specified by the regional office. Protests of the Solicitation Process • A protest related to the technical scope or specification, terms, conditions, or form of a solicitation must be received no later than three (3) working days prior to the due date of proposals; if the protest addresses an amendment to the solicitation, it must be received no later than three (3) working days prior to the due date for proposals or three (3) working days after the date of issuance of the amendment, whichever is later; in no event, however, may a protest of this nature be submitted after bids or proposals are received. Upon receipt of such a protest, the General Manager shall notify all prospective procurement offerors and other known interested parties of the receipt and nature of the protest and shall post a notice of the protest on TMB's web page. Unless the General Manager determines that delay will be prejudicial to the interest of COB/TMB or that the protest patently lacks substantial merit, the solicitation process will be extended pending resolution of the protest. The protest will be considered and either denied or sustained, in part or in whole, by the General Manager in writing. A written decision specifying the grounds for sustaining, in part or in full, or denying the protest will be transmitted to the protestor prior to the receipt of bids or proposals in a manner that provides verification of receipt. • A notice of the decision shall be provided to all parties given notice of the protest and posted to TMB's web page. Should the protest be upheld in whole or in substantial part, the contracting officer may either (1) amend the solicitation to correct the document or process accordingly; or (2) cancel the solicitation in its entirety. If the solicitation is amended, the time for receipt of bids or proposals shall be equitably extended to permit all participants to revise their bids or proposals to reflect the decision. If the protest is denied, the solicitation shall proceed as if the protest had not been filed, unless the protester pursues its protest with the Federal Transit Administration (FTA) as defined below, or otherwise appeals the decision of the General Manager, as defined below. Protests received by COB/TMB after the time periods specified above shall be considered untimely and may be denied on that basis unless the General Manager concludes that the issue(s) raised by the protest involves substantial prejudice to the integrity of the procurement process. Evaluation ofProtests A protest decision should ordinarily be written and published within ten (10) working days of receipt of the protest. The General Manager may extend the response period if additional time is required to gather and evaluate information necessary for the decision or for other good cause. The General Manager may request additional written information from the protestor or other parties, as necessary to determine the validity of the protest. A formal or informal hearing may be held. If a formal hearing is held, testimony shall be given under oath and a transcript or electronic recording of the proceeding shall be made; the transcript or recording shall be provided to the protestor and made Transit Purchasing and Procurement Policy $ part of the protest record. The General Manager shall redact from any submission under the protest process information which has been identified as proprietary. Protests Filed with FTA • A protestor may file a protest with FTA only after exhausting all administrative remedies provided by COB/TMB, on the basis described in FTA Circular 4220.1F, Chapter VII, Sec. l.b. FTA's review of protests will generally be limited to allegations that (1) COB/TMB does not have or fails to follow its protest procedures; (2) COB/TMB failed to review a complaint or protest; or (3) the issue involves violations of Federal law or regulation. The FTA is not obligated to review any protest. Protests addressing COB/TMB's DBE program may be submitted to the U.S. Department of Transportation, Office of Small and Disadvantaged Business Utilization, in accordance with 49 CFR Part 26 and guidance issued there under. 1119. P'iuroci° irir !niFicril , gr,e(,,ririiiciii: 1) COB/TMB will use available state and local intergovernmental agreements for procurement or use of common goods and services when possible. When obtaining goods or services in this manner, grantees must ensure all federal requirements, required clauses, and certifications (including Buy America) are properly followed and included, whether in the master intergovernmental contract or in COB/TMB's purchase document. COB/TMB will use the checklist of required clauses provided annually in the Workbook for the Triennial Review Program Workshop to properly determine that all applicable clauses have been included when drafting contracts for procurements. General reference to FTA regulations is not sufficient to meet this requirement. 2) When evaluating whether a state or local intergovernmental agreement for procurement can be used, COB/TMB will request all documentation from the original contracting agency to conduct an internal compliance review. COB/TMB will examine the original procurement documentation to ensure full and open competition, award to responsible contractor, adequate competition, adequate number of sources solicited, and responsiveness. Further, COB/TMB will conduct a cost or price analysis prior to utilizing an intergovernmental agreement for procurement. 3) COB/TMB may jointly procure goods and services with other grantees. When obtaining goods or services in this manner, COB/TMB will ensure all federal requirements, required clauses, and certifications are properly followed and included in the resulting joint solicitation and contract documents. COB/TMB will use the checklist of required clauses provided annually in the Workbook for the Triennial Review Program Workshop to properly determine that all applicable clauses have been included when drafting contracts for procurements. General reference to FTA regulations is not sufficient to meet this requirement. 4) COB/TMB may assign contractual rights to purchase goods and services to other federal grantees if the original contract contains appropriate assignability provisions. Entities who obtain these contractual rights (commonly known as 'piggybacking') may exercise them after first determining the contract price remains fair and reasonable. 5) Piggybacking is permissible when the solicitation is with other state entities and the document and resultant contract contain an assignability clause that provides for the assignment of all or a portion of the specified deliverables as originally advertised, competed, evaluated, and awarded. If the supplies were solicited, competed and awarded through the use of an indefinite -delivery -indefinite -quantity (IDIQ) contract, then both the solicitation and contract award must contain both a minimum and maximum quantity that represent the reasonably foreseeable needs of the party(s) to the solicitation and contract. If Transit Purchasing and Procurement Policy 9 two or more parties jointly solicit and award an IDIQ contract, then there must be a total minimum and maximum. 20. Lease Veirsuis )Ill uirurchauser To obtain the best value, COB/TMB should review lease versus purchase alternatives for acquiring property and, if necessary, should obtain an analysis to determine the more economical alternative. COB/TMB may use FTA capital assistance to finance the costs of leasing eligible property if leasing is more cost effective than full ownership. Before COB/TMB may lease an asset, FTA regulations, "Capital Leases," 49 CFR Part 639, Subpart C, require COB/TMB to make a written comparison of the cost of leasing the asset compared with the cost of purchasing or constructing the asset. Costs used in the comparison must be reasonable, based on realistic current market conditions, and based on the expected useful service life of the asset. 21. ilE a �riu�i�u iur:u E-Commerce is an allowable means to conduct procurements. COB/TMB will adhere to FTA Circular 4220.1F that authorizes grantees to use a well -structured electronic commerce system to conduct third -party procurements. COB/TMB solicitations via E-Commerce will meet all requirements for full and open competition must be met in accordance with federal and state laws and regulations. 22. Use c4 Value 1Kn1,liunecuirtau g iin t'..'oi nst.ruurctioiiii t:"oururt;raucas COB/TMB may use value engineering clauses in contracts for construction projects. 23. Solicitation Pireq uiiallilrca oin f;'iurriteriia COB/TMB may prequalify people, firms, or products for participation in its procurements provided that: 1) COB/TMB ensures that all its prequalification lists used in acquiring property and services are current. 2) COB/TMB ensures that all its prequalification lists include enough qualified sources to ensure maximum full and open competition. 3) COB/TMB permits potential bidders or proposers to qualify during the solicitation period from the issuance of the solicitation to its closing date 24. Mr,equuurailii cation Syslesrn COB/TMB may use prequalification lists to acquire goods. Prequalification lists are most common in recurring requirements for goods that take some period of time to evaluate to determine if they satisfy COB/TMB's standards. In such cases, COB/TMB accepts submissions for evaluation, even during ongoing procurement actions. When such submissions are received during a particular solicitation, its evaluation does not have to be accelerated or shortened, and the solicitation does not have to be held open to accommodate a potential bidder who submits a person, firm, or product for approval before or during that solicitation. COB/TMB ensures that all lists of prequalified persons, firms, or products that are used in acquiring goods and services are current and include enough qualified sources to ensure maximum full and open competition. COB/TMB will not preclude potential bidders from qualifying during the solicitation period, which is from the issuance of the solicitation to its closing date. Transit Purchasing and Procurement Policy 10 25. Engi�nieertrip, (A&ll[:) Seirvices aiiid 0�11ll err FTA's enabling legislation at 49 U.S.C. Section 5325(b)(1) requires the use of the qualifications- based procurement procedures contained in the "Brooks Act," 40 U.S.C. Sections 1101 through 1104, to acquire A&E services, but also for program management, construction management, feasibility studies, preliminary engineering, design, architectural, engineering, surveying, mapping and related services. The nature of the work to be performed and its relationship to construction, not the nature of the prospective contractor, determine whether qualifications -based procurement procedures may be used as described below. 1) Qualifications -Based Procurement Procedures Required. COB/TMB will use qualifications- based procurement procedures not only when contracting for A&E services, but also for other services listed in 49 U.S.C. Section 5325(b)(1) that are directly in support of, directly connected to, directly related to, or lead to construction, alteration, or repair of real property. For example, a contractor performing program management, project design, construction management, or engineering services in which that contractor would select the finished products to be acquired for an FTA assisted construction project must be selected through qualifications -based procurement procedures. 2) Qualifications -Based Procurement Procedures Prohibited. Unless FTA determines otherwise in writing, COB/TMB may not use qualifications -based procurement procedures to acquire other types of services if those services are not directly in support of, directly connected to, directly related to, or do not lead to construction, alteration, or repair of real property. Even if a contractor has performed services listed herein in support of a construction, alteration, or repair project involving real property, selection of that contractor to perform similar services not relating to construction may not be made through the use of qualifications - based procurement procedures. A project involving construction does not always require that qualifications -based procurement procedures be used. Whether or not qualifications -based procurement procedures may be used depends on the actual services to be performed in connection with the construction project. For example, the design or fabrication of message signs, signals, movable barriers, and similar property that will become off -the -shelf items or will be fabricated and delivered as final end products for installation in an FTA assisted construction project are not services for which qualifications -based procurement procedures may be used. Nor is actual construction, alteration, or repair to real property the type of services for which qualifications -based procurement procedures may be used. 3) Qualifications -Based Procurement Procedures. The following procedures apply to qualifications -based procurements: a) Qualifications. Unlike other two-step procurement procedures in which price is an evaluation factor, an offeror's qualifications are evaluated to determine contract award. Qualifications and recent experience of the firm and key personnel relative to the performance of similar services comparable to the proposed project with dates of project, and information regarding cost over -runs on previous projects. b) Evaluation/Selection Criteria. A weighted method will be used for the selection criteria using COB/TMB Form #4 A&E Evaluation/Selection Criteria Form. c) Price. Price is excluded as an evaluation factor. d) Most Qualified. Negotiations are first conducted with only the most qualified offeror. e) Next Most Qualified. Only after failing to agree on a fair and reasonable price may negotiations be conducted with the next most qualified offeror. Then, if necessary, negotiations with successive offerors in descending order may be conducted until contract award can be made to the offeror whose price COB/TMB believes is fair and reasonable. Transit Purchasing and Procurement Policy 11 f) Negotiation Results Documentation. A summary of total cost and fee/profit objectives will be kept in the procurement file. The summary will consist of the following information: • Offeror's Proposal Amount. • COB/TMB's Negotiation Objective. • COB/TMB's Maximum Position. • Difference between Offeror's/ COB/TMB's Objective g) Effect of State Laws. To the extent that a State has, before August 10, 2005, adopted by law, an equivalent State qualifications -based -procurement requirement for acquiring architectural, engineering, and design services, State procedures, rather than Federal "Brooks Act" procedures (40 U.S.C. Sections 1101 through 1104), may be used 4) COB/TMB will complete an A&E Professional Services Procurement Checklist (reference to COB/TMB Form #3) and will be placed in procurement file. This checklist will outline the basic requirements for this type of procurement. 26. IIesiitn�����4iiid Build Pro et Design -Bid -Build Project means a construction project under which COB/TMB commissions an architect or engineer to prepare drawings and specifications under a design services contract, and separately contracts for construction, by engaging the services of a contractor through sealed bidding or competitive negotiations to complete delivery of the project. 22. D siiiglln Build Project Design -Build Project, as defined in 49 U.S.C. Section 5325(d)(1), means (1) a project under which COB/TMB enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that conforms to specific performance criteria; and (2) may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment. Apart from the definition at 49 U.S.C. Section 5325(d)(1), a "design -build project" also means a construction project under which COB/TMB enters into a contract with a seller, firm, or consortium of firms both to design and construct a public transportation facility that is the subject of the project. 28. >IlCvir dep��uua�i���nt: Costt� Rst.iui r ut °�� and1llhe t ost° and Price Analysis FTA Circular 4220.1F, Ch. VI, Para. 6 states Recipients must perform a cost or price analysis in connection with every procurement action in the excess of the Simplified Acquisition Threshold currently set at $250,000.00. As a starting point, the recipient must make independent estimates before receiving bids or proposals. COB/TMB will develop an independent cost estimate prior to receipt of bids or proposals. COB/TMB will complete an Independent Cost Estimate (ICE) Summary Form (reference to COB/TMB Form #6). The word "independent" does not imply that it is performed by someone other than COB/TMB. This could be the case, however, if COB/TMB does not have the expertise for a large complex procurement. This analysis will be made part of the procurement file for every procurement action. COB/TMB will develop the independent cost estimate where required prior to issuing an Invitation for Bid/Request for Proposal. COB/TMB must complete documentation of the cost or price analysis, methodology, conclusion, and name of the analyst who completed the analysis and the date the analysis was completed. All documentation is to remain in COB/TMB procurement files. Transit Purchasing and Procurement Policy 12 COB/TMB will perform a cost or price analysis in connection with every procurement exceeding the COB/TMB defined applicable Simplified Acquisition Threshold currently set at $50,000.00, including contract modifications, after receiving bids, but before awarding a contract. COB/TMB may also request cost and price analysis documents for any procurements off of the State contract list. COB/TMB will examine the original procurement documentation to ensure full and open competition, award to a responsible contractor, adequate competition, adequate number of sources solicited, and responsiveness. Independent Cost Estimate Guidance: The extent of the cost estimate will depend on the type of procurement being pursued. Sources of information for putting together an ICE are: • Prior bids or contracts for similar scopes of services; • Published price lists; • Hourly rates from similar service providers; • Prior bids or rates received from other agencies; • and Industry standards such as design as a percentage of construction. The independent estimates for purchases must be prepared in the same format and level of detail as Bidders are to use in submitting their pricing schedules and is intended to serve as an effective tool in evaluating price and cost reasonableness. The estimator should maintain the supporting documentation used in preparing the estimates for reference as part of the evaluation process. Should a solicitation amendment materially affect the anticipated price, the estimate should be revised to address the changed requirement(s). A copy of the independent estimate (and any subsequent revised estimates) will be retained in the contract file. Cost and Price Analysis Guidance: The method and degree of analysis will be dependent on the facts surrounding the particular procurement situation. I) A cost analysis must be performed when the offeror is required to submit the elements (i.e., labor hours, overhead, materials, etc.) of the estimated cost, (e.g., under professional consulting and architectural and engineering services contracts, etc.). A cost analysis will be necessary when adequate price competition is lacking and for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 2) A price analysis may be used in all other instances to determine the reasonableness of the proposed contract price and is done by examining and evaluating a prospective price without evaluation of the separate cost elements or proposed profit of the prospective supplier. Price analysis may be accomplished through one or more of the following activities: a. The comparison of prior quotations and contract prices with current quotations for the same or similar end items (to provide a suitable basis for comparison appropriate allowances must be made for differences in such factors as specifications, quantities ordered, time for delivery, etc.). b. The use of "yardsticks" (such as dollars per pound, per horsepower, or other units) to point out apparent gross inconsistencies. c. The comparison of prices set forth in published price lists issued on a competitive basis, published market prices of commodities, and similar indicators, to COB/TMB with discount or rebate arrangements. d. The comparison of proposed prices with estimates of cost independently developed by personnel within COB/TMB. Transit Purchasing and Procurement Policy 13 e. The comparison of prices paid by other users (government or commercial) of the same or similar items to the proposed prices. 3) COB/TMB will negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 4) Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred, or cost estimates included in negotiated prices are consistent with Federal cost principles. COB/TMB may reference its own cost principles that comply with applicable Federal cost principles. 5) The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. Post analysis may be accomplished through the following: a. Verify the Contractor's cost data. b. Evaluate specific elements of costs and project these elements to determine the effect on prices: i. The necessity for certain costs; ii. The reasonableness of amounts estimated for the necessary costs; iii. Allowances for contingencies; and iv. The basis used for allocations of particular overhead costs to the proposed contract. When the necessary data is available, compare the Contractor's estimated cost with: i. Actual costs previously incurred by the Contractor; ii. The Contractor's last prior cost estimate for the same or similar estimates; iii. Current cost estimates from other possible sources; and iv. Prior estimates or historical costs of other contractors manufacturing the same or similar items. d. Forecasting future trends in costs from historical experience: i. In periods of either rising or declining costs, an adequate cost analysis must include some evaluation of the trends. ii. In cases involving recently developed, complex equipment, even in periods of relative price stability, trend analysis of basic labor and materials costs should be undertaken. If only one bid is received, the sole bidder must cooperate with COB/TMB as necessary in order for its bid to be considered for award. A new solicitation of bids may be made if the single bid price appears unreasonable or if no determination is made as to the reasonableness of the single bid. 29., ]II[I valuifttioii[iuis A. When evaluating bids or proposals submitted, COB/TMB will consider all evaluation factors specified in its solicitation documents and evaluate the bids or offers only on the evaluation factors included in those solicitation documents. COB/TMB may not modify its evaluation factors after bids or proposals have been submitted without re -opening the solicitation. B. In awarding the contract that will include options, the following standards apply: 1) COB/TMB will evaluate bids or offers for any option quantities or periods contained in a solicitation if it intends to exercise those options after the contract is awarded. 2) COB/TMB does not evaluate bids or offers for any option quantities when COB/TMB determines that evaluation would not be in its best interests. An example of a circumstance that may support Transit Purchasing and Procurement Policy 14 "'mall COB/TMB's determination not to evaluate bids or offers for option quantities is when COB/TMB is reasonably certain that funds will not be available to permit it to exercise the option. 30. So uuurid and Cloiiurriplet,e Agur°evirieiiirt; A. According to the FTA, the Common Grant Rules require that all third -party contracts include provisions adequate to form a sound and complete agreement. B. Third party contracts exceeding $50,000.00 must include administrative, contractual, or legal remedies for violations or breach of contract by the third -parry contractor. C. All contracts must include termination for cause and termination for convenience provisions. iwt. t..:°rrntmiict 11'rovisi ouros, All contracts will include provisions to define a sound and complete agreement. In addition, contracts and subcontracts will contain contractual provisions or conditions that allow for: 1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, including sanctions and penalties as may be appropriate. (All contracts in excess of the small purchase threshold). 2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of the small purchase threshold). 3) All applicable FTA clauses will be included in contracts COB/TMB enters into for any procurement situation, including but not limited to: • FTA funded procurements exceeding the micro -purchase limit of $5,000.00 and in intergovernmental agreements and subrecipient agreements as applicable. • FTA funded small purchases as part of the solicitation, purchase order, or contract. • FTA funded procurements over $150,000.00 applicable to the particular type of procurement being undertaken (e.g., professional services, A&E, construction, rolling stock purchase, etc.). 4) COB/TMB will use the checklist of required clauses provided annually in in the Workbook for the Triennial Review Program Workshop to properly determine that all applicable clauses have been included when drafting contracts for procurements. (Reference to Exhibit 6.1 A. Required Third Party Contract Clauses, Exhibit 6.2 B. Required Certifications, Reports, and Forms, Exhibit 6.3 C. Other Required Items). General reference to FTA regulations is not sufficient to meet this requirement. A complete list of appropriate FTA clauses is included in this document as Appendix 3: FTA Mandatory Provisions and are provided as part of the procurement process checklist in Appendix 4: COB/TMB Procurement Procedure Checklist. 5) COB/TMB will assure that no purchase, subgrant or contract is awarded to any party at any tier that is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs. COB/TMB will do this by (a) Adding a clause or condition to the contract or subcontract, and (b) Checking the Excluded Parties List System (EPLS) at sam.gov and documenting the results of that search. 6) Copies of the solicitation, purchase order, or contract will be included in the procurement file created for every procurement action undertaken. COB/TMB will use the contract clauses in Exhibits 6.1A thru 6.3.0 as part of the procurement process to determine proper clauses for each contract. Transit Purchasing and Procurement Policy 15 32. Pirohii�lllpr>ifited or- lte: (iiruocled (" oirii4ract. Tmypes The Common Grant Rule for governmental recipients provides more guidance on contract type than does the Common Grant Rule for non -governmental recipients, which merely authorizes COB/TMB to select the type of contract it will use (for example, fixed price, cost reimbursement, purchase order, or incentive contract) if it is appropriate for the particular procurement and promotes the best interests of the program or project involved. The following contract types are restricted or prohibited: 1) Cost Plus a Percentage of Cost —Prohibited. The Common Grant Rules expressly prohibits the use of the cost plus a percentage of cost method of contracting. 2) Percentage of Construction Cost —Prohibited. The Common Grant Rules expressly prohibits the use of the percentage of construction cost method of contracting. 3) Time and Materials —Restricted. The Common Grant Rule for governmental recipients permits the use of time and material contracts only: a. When to Use. After determining that no other contract type is suitable; and b. Firm Ceiling Price. If the contract specifies a ceiling price that the contractor may not exceed except at its own risk. 33. Cardinal Changes A significant change in contract work (property or services) that causes a major deviation from the original purpose of the work or the intended method of achievement, or causes a revision of contract work so extensive, significant, or cumulative that, in effect, the contractor is required to perform very different work from that described in the original contract, is a cardinal change. Such practices are sometimes informally referred to as "tag-ons." A change within the scope of the contract (sometimes referred to as an "in -scope" change) is not a "tag -on" or cardinal change. 34.:_ efli °cods ol° P111rocilililreuni7 tilt FTA Circular 4220.1F sets forth the regulatory guidance which is to be followed in undertaking procurements utilizing FTA funds. The procedures used must comply with State and local law as well as with Federal requirements. Federal restrictions vary with the type of procurement method used. The following guidance is based on the requirements of the Common Grant Rule for governmental recipients, supplemented by FTA policies that address the needs of FTA recipients. There are five basic types of procurement techniques that are permitted under these regulations. They are: A. Micro -Purchases. 1) Consistent with the Federal Acquisition Regulation, effective June 20, 2018, The National Defense Authorization Acts (NDAA), memorandum M-18-18 raises the threshold for micro purchases under federal assistance awards to $10,000.00 and raises the threshold for simplified acquisitions to $250,000.00. a) If permitted by State and local law, COB/TMB may acquire property and services valued at $10,000.00 or less without obtaining competitive quotations. These purchases are exempt from FTA's Buy America requirements Davis -Bacon prevailing wage requirements, however, will apply to construction contracts exceeding $2,000.00, even though COB/TMB uses micro -purchase procurement procedures. FTA does not intend to imply that COB/TMB must treat any purchase of Transit Purchasing and Procurement Policy 16 $10,000.00 or less as a micro -purchase. COB/TMB may set lower thresholds for micro -purchases in compliance with State and local law, or otherwise as it considers appropriate. b) In accordance with local guidelines, a purchase must be less than $5,000.00 to be considered a micro -purchase. c) The following procedures apply to micro -purchases: • COB/TMB will distribute micro -purchases equitably among qualified suppliers. • COB/TMB will not divide or reduce the size of its procurement merely to come within the micro -purchase limit. • FTA's only documentation requirement for micro -purchases is a determination that the price is fair and reasonable and a description of how COB/TMB made its determination. (Complete COB/TMB Form #5 Micro -Purchase: Fair and Reasonable Price Determination Form and place in procurement file). FTA does not require COB/TMB to provide its rationale for the procurement method used, selection of contract type, or reasons for contractor selection or rejection. B. Small Purchases. 1) The Common Grant Rule for governmental recipients authorizes governmental recipients to use relatively simple and informal small purchase procedures as follows: a) Small purchase procedures may be used to acquire services, supplies, or other property valued at more than the micro -purchase threshold (currently, $10,000.00) but less than the Federal simplified acquisition threshold at 41 U.S.C. Section 403(l1), NDAA FY2018 currently $250,000.00. (FTA recognizes the shall purchase threshold to be the same as the simplified acquisition threshold.) These purchases are also exempt from FTA's Buy America requirements. FTA does not intend to imply that any purchase of $250,000.00 or less must be treated as a small purchase. COB/TMB may set lower thresholds for small purchases in compliance with State and local law, or otherwise as it considers appropriate. b) In accordance with local guidelines, the threshold for small purchase is $5,000.00 - $149,999.99. c) The following procedures apply to small purchases: • COB/TMB must obtain price or rate quotations from an adequate number of qualified sources. • COB/TMB may not divide or reduce the size of its procurement to avoid the additional procurement requirements applicable to larger acquisitions. C. Sealed Bids (Formal AdvertisinL-). COB/TMB acknowledges sealed bidding to be a generally accepted procurement method in which bids are publicly solicited, and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is lowest in price. 1) COB/TMB states a preference for the sealed bids procurement method for acquiring property, construction, and other services. Sealed bid procurements should be used when the following circumstances are present: a) A complete, adequate, precise, and realistic specification or purchase description is available. b) Two or more responsible bidders are willing and able to compete effectively for the business. c) The procurement generally lends itself to a firm fixed price contract. d) The successful bidder can be selected on the basis of price and those price -related factors listed in the solicitation including, but not limited to, transportation costs, life cycle costs, and discounts expected to be taken. Apart from certain responsibility determinations, contractor selection may not be determined on the basis of other factors whose costs cannot be measured at the time of award. Transit Purchasing and Procurement Policy 17 "'mall e) Discussions with one or more bidders after bids have been submitted are expected to be unnecessary as award of the contract will be made based on price and price- related factors alone. This contrasts with Competitive Proposal procedures in which discussions with individual offerors are expected to be necessary and may take place at any time after receipt of proposals. However, a pre -bid conference with prospective bidders before bids have been received can be useful. 2) The following procedures apply to sealed bid procurements: a) The invitation for bids is publicly advertised and published on COB/TMB's website. b) Bids are solicited from an adequate number of known suppliers. c) The invitation for bids, including any specifications and pertinent attachments, describes the property or services sought in sufficient detail so that a prospective bidder will be able to submit a proper bid. d) Bidders are allowed sufficient time to prepare bids before the date of bid opening. e) All bids are publicly opened at the time and place prescribed in the invitation for bids. I) A firm fixed price contract is usually awarded in writing to the lowest responsive and responsible bidder, but a fixed price incentive contract or inclusion of an economic price adjustment provision can sometimes be appropriate. When specified in the bidding documents, factors such as transportation costs and life cycle costs affect the determination of the lowest bid; payment discounts are used to determine the low bid only when prior experience indicates that such discounts are typically taken g) Any or all bids may be rejected if there is a sound, documented business reason. D. Competitive Proposals Request for Proposals). COB/TMB acknowledges the use of competitive proposals to be a generally accepted procurement method when the nature of the procurement does not lend itself to sealed bidding and COB/TMB expects that more than one source will be willing and able to submit an offer or proposal. 1) Competitive proposals should be used when any of the following circumstances are present: a) Type of Specifications. The property or services to be acquired are described in a performance or functional specification; or if described in detailed technical specifications, other circumstances such as the need for discussions or the importance of basing the contract award on factors other than price alone are present. b) Uncertain Number of Sources. Uncertainty about whether more than one bid will be submitted in response to an invitation for bids and COB/TMB lacks the authority or flexibility under State or local law to negotiate the contract price if it receives only a single bid. c) Price Alone Not Determinative. Due to the nature of the procurement, contract award need not be based exclusively on price or price -related factors. In different types of negotiated acquisitions, the relative importance of cost or price may vary. When COB/TMB's material requirements are clearly definable and the risk of unsuccessful contract perfon-nance is minimal, cost or price may play a dominant role in source selection. The less definitive the requirements, the more development work required, or the greater the performance risk, the more technical or past performance considerations may play a dominant role in source selection and supersede low price. d) Discussions Expected. Separate discussions with individual offeror(s) are expected to be necessary after they have submitted their proposals. This contrasts with Sealed Bids (Formal Advertising) procedures in which discussions with individual bidders are not likely to be necessary, as award of the contract will be made based on price and price -related factors alone. 2) Procurement Procedures. The following procedures apply to procurements by competitive proposals: a) The request for proposals is publicly advertised. b) All evaluation factors and their relative importance are specified in the solicitation; but numerical or percentage ratings or weights need not be disclosed. Transit Purchasing and Procurement Policy 18 c) Proposals are solicited from an adequate number of qualified sources. d) A specific method is established and used to conduct technical evaluations of the proposals received and to determine the most qualified offeror. e) An award is made to the responsible offeror whose proposal is most advantageous to COB/TMB's program with price and other factors considered. f) If permitted under its State or local law, COB/TMB may award the contract to the offeror whose proposal provides the greatest value to COB/TMB. To do so, COB/TMB's solicitation must inform potential offerors that the award will be made on a "best value" basis and identify what factors will form the basis for award. The evaluation factors for a specific procurement should reflect the subject matter and the elements that are most important to COB/TMB. Those evaluation factors may include, but need not be limited to, technical design, technical approach, length of delivery schedules, quality of proposed personnel, past performance, and management plan. COB/TMB should base its determination of which proposal represents the "best value" on an analysis of the tradeoff of qualitative technical factors and price or cost factors. Apart from the statutory requirement that the contract must support COB/TMB's public transportation project consistent with applicable Federal laws and regulations, FTA does not require any specific factors or analytic process. E. Procurement by Non -Competitive Proposals (Sole Source) Sole Source procurements are accomplished through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. A contract change that is not within the scope of the original contract is considered a sole source procurement that must comply with this subparagraph. 1) Procurement by noncompetitive proposals may be used only when the award of a contract is not feasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: a) The item is available only from a single source; b) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; c) After solicitation of a number of sources, competition is determined inadequate after receiving a single bid; or d) COB/TMB receives permission from FTA to pursue a noncompetitive proposal for a reason listed in Circular 4220.1F, Chapter VI, 3.i.(2)(e) e) A cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profit, is required. f) Sole Source: When COB/TMB requires supplies or services available from only one responsible source, and no other supplies or services will satisfy its requirements, COB/TMB will make a sole source award. When COB/TMB requires an existing contractor to make a change to its contract that is beyond the scope of that contract, COB/TMB has made a sole source award that must be justified. 2) When supplies or services are available from only one responsible source, and no other supplies or services will satisfy its requirements, COB/TMB understands that it will make a sole source award. In the event of such a case, COB/TMB will ensure that any sole source, single bid, or brand name or equal awards procurements are properly documented and the procurement file contains the appropriate justification and/or documentation. Furthermore, in the event that an existing contractor is required to make a change to its contract that is beyond the scope of that contract, COB/TMB understands that it has made a sole source award that must be justified. Transit Purchasing and Procurement Policy 19 3) The property or services are available from one source if one of the conditions described below is present: a) Unique or innovative concept. A new, novel, or changed concept, approach, or method that is the product of original thinking, the details of which are kept confidential or are patented or copyrighted and is available to COB/TMB only from one source and has not in the past been available to COB/TMB from another source. b) Patent or data rights restrictions preclude competition. c) In the case of a follow-on contract for the continued development or production of highly specialized equipment and major components hereof, when it is likely that award to another contractor would result in substantial duplication of costs that are not expected to be recovered through competition. d) In the case of a follow-on contract for the continued development or production of highly specialized equipment and major components thereof, when it is likely that award to another contractor would result in unacceptable delays in fulfilling the grantee's need. 4) In the case of a sole -source award, the documentation should be a written sole -source justification, which includes a cost analysis. In the case of a single -bid, the documentation will include a cost analysis, as well as an explanation as to why a single bid was obtained. Upon receiving a single bid or proposal in response to a solicitation, COB/TMB will conduct a Single -Bid Analysis (complete COB/TMB Form #2, Single Bid Analysis Checklist and place in procurement file) to determine if competition was adequate. This will include a review of the specifications for undue restrictiveness and will include a survey of potential sources that chose not to submit a bid or proposal. 5) When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or approved equal" description may be used to define the performance or other salient characteristics of a specific type of property. COB/TMB must identify the salient characteristics of the named brand that offerors must provide. 6) When using a "brand name" specification, COB/TMB does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. 7) Professional services can be procured on a sole -source basis if justified, in general, a competitive environment does exist for professional services and COB/TMB will follow the requirements of FTA C 4220.1F when Federal funds are used to pay for these services. 8) Although COB/TMB is not required to obtain prior FTA approval for a non-competitive award, COB/TMB's files will contain an appropriate level of justification for such awards. Two -Step Procurement Procedures. If permitted by State and local law, COB/TMB may use two-step procurement procedures in both sealed bid and competitively negotiated procurements, provided the opportunity for full and open competition is retained. 1) Review of Technical Qualifications and Approach. The first step is a review of the prospective contractors' technical approach to COB/TMB's request and technical qualifications to carry out that approach. COB/TMB then may narrow the competitive range to prospective contractors that demonstrate a technically satisfactory approach and have satisfactory qualifications. 2) Review of Bids and Proposals Submitted by Qualified Prospective Contractors. The second step consists of soliciting and reviewing complete bids (sometimes referred to as "two-step sealed bidding") or proposals (as in "competitive negotiations"), including price, submitted by each prospective contractor determined to be qualified. Absent exceptional circumstances, COB/TMB should attempt to solicit bids or proposals from at least three qualified prospective contractors. Unlike qualifications -based procurement procedures required for A&E services, and other contracts covered by 49 U.S.C. Section 5325(b) Transit Purchasing and Procurement Policy 20 discussed in subsection 3.f of this Chapter, FTA expects COB/TMB to consider all bid or proposal prices submitted as well as other technical factors, rather than limiting reviews to the most qualified bidder or offeror. 35. Bondhiig llllt.equuireruiiviiriit:s For those construction or facility improvement contracts or subcontracts exceeding $100,000.00 amount, COB/TMB shall require the following minimum bonding amounts. 1) A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, 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; and 3) A payment bond on the part of the contractor. A payment bond is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment amounts determined to adequately protect the federal interest are as follows: a. Fifty percent (50%) of the contract price if the contract price is not more than $1 million; b. Forty percent (40%) of the contract price if the contract price is more than $1 million but not more than $5 million; or c. Two and a half million dollars ($2,500,000.00) if the contract price is more than $5 million. 4) Other bonds in an amount designed to comply with the requirements of federal or state funding sources 36. Payrn�ent I'liv viisioiii�s iun C,ouufli"acts A. Advance Payments Generally, it is not the practice of COB/TMB to provide advance payments prior to the incurrence of costs by the contractor. However, it is recognized that some purchases such as vehicles may require an advance payment. In such instances, COB/TMB will confer with the granting agency to determine the requirements for down payments with local funds for such items. COB/TMB will obtain prior written concurrence from a granting agency for use of federal or state funds. COB/TMB will not make advance payments with local funds before a grant has been awarded, or before the issuance of a letter of no prejudice or other pre -award authority. B. Progress Payments Grantees may use progress payments provided the following requirements are followed: 1) Progress payments are only made to the contractor for costs incurred in the performance of the contract. 2) COB/TMB must obtain adequate security for progress payments. Adequate security may include taking title, letter of credit or equivalent means to protect the grantee's interest in the progress payment. 37. Luoq>uiiidllated 113auirmruoages 11>uI„ovisuions COB/TMB may require liquidated damages clauses in contracts if it may reasonably expect to suffer damages and the extent or amount of such damages would be difficult or impossible to determine. The assessment for damages shall be at a specific rate per day for each day of overrun in contract time; and the rate must be specified in the third -party contract. Any liquidated damages recovered shall be credited to the project account unless otherwise permitted by the granting agency. Transit Purchasing and Procurement Policy 21 38. f:;"oint.�rmrict. A yard Aiinciou�nce meiiimt; With regard to any FTA contract, should COB/TMB announce any contract awards with respect to any procurement for goods and services (including construction services) having an aggregate value of $500,000.00 or more, COB/TMB will specify the amount of Federal funds that will be used to finance the acquisition in any announcement of the contract award for such goods or services expressed as a percentage of the total costs of the planned acquisition. 39. Post htOuiivery Activities Inspection, Acceptance and Pam — Inspection is the final action taken by COB/TMB to determine if the product or service delivered meets the specifications or the statement of work. All specifications in the solicitation package should be met before accepting the product or service. Failure to enforce the terms of the procurement can result in legal liability and can interfere with COB/TMB `s ability to enforce similar provisions. Acceptance refers to the actions of COB/TMB that signify that the product or service is acceptable, and the supplier has performed the required tasks. Such acceptance may be accomplished through issuance of a written statement or by use of the product without advance written notification to the vendor of any deficiencies. At least partial payment must be made to the vendor before any revenue use of the vehicle occurs. Full payment should not be made until deficiencies are corrected and COB/TMB is satisfied with the vehicle/purchase. If deficiencies are noted, a portion of the bid price up to 10 percent of the total cost or the estimated cost of correction whichever is larger, may be withheld. COB/TMB will work with the vendor in good faith to resolve any delivery defects. Post Delivery Audit — A transit system purchasing revenue service rolling stock with FTA funds will ensure that a post -delivery audit is completed The Maintenance Manager certifies that the vehicle meets requirements and the post -delivery audit is completed by obtaining a Post- Delivery Audit Certification. The certifications are retained by COB/TMB for three years after the project close out. The post -delivery audit requires the purchaser to make three certifications similar to the pre- audit certifications, but now based on the buses that have been delivered: 1) Buy America certification; 2) The purchaser's requirements certification that includes a complete visual inspection and road tests to demonstrate that the buses meet the contract specifications; and 3) The FMVSS Certification. Procurement Records — Bid specifications and all related correspondence, including correspondence with potential bidders, should be kept for a minimum of three years after the joint participation agreement has been closed. Transit Purchasing and Procurement Policy 22 "'mall Transit Purchasing and Procurement Policy 23 Selection of Subcontractors If it is necessary for a contractor to engage a subcontractor, the contractor shall provide COB/TMB with the scope and projected cost of same prior to solicitation to ensure that the appropriate solicitation process is implemented. The following provision is to be included in all FTA funded contracts: "Contractor agrees to provide COB/TMB a written description of the scope and projected cost of any subcontract it seeks to enter into prior to solicitation. It is necessary to conduct an analysis as to whether the proposed contract meets the applicable solicitation processes prior to any subcontract. Only after COB/TMB and the contractor have conducted an analysis on whether the proper solicitation process wasfollowed will the contractor be authorized to proceed with selection Of a subcontractor. COB/TMB reserves the right to withhold any payment sought under this contract for failure to adhere to this provision. " FTA Clauses in Contracts Every FTA funded contract must contain the FTA Clauses, including primary contracts and subcontracts. The scope and cost of each contract and subcontract will be evaluated prior to contract execution to determine if the appropriate FTA clauses are included. The procurement checklist will be signed by the person filling it out, and also signed by a person reviewing the procurement package. COB/TMB's contracts with primary contractors will include language requiring that COB/TMB be provided the actual proposed contract with the subcontractor to determine if the appropriate FTA clauses were included. The following provision is to be included in all FTA funded contracts: "It is mandatory that any and all contracts entered into by contractor with subcontractors include the appropriate FTA clauses, a complete list is attached as Appendix 2 ". Prior to execution of the subcontract, Contractor shall provide COB/TMB with a copy of the proposed contract with the subcontractor so that COB/TMB can review same for compliance with this section. " Non-compliance with FTA Clauses Every FTA funded contract will include a provision requiring contractors to submit annual certifications Indicating their compliance with FTA clauses for the term of the contract. These certifications are to be submitted at the end of the calendar year prior to COB/TMB submitting its annual Certifications and Assurances to FTA. Should COB/TMB find that a contractor has failed to adhere to any FTA requirements; COB/TMB will seek reimbursement for any fund returned to FTA due to the contractor's non-compliance. The following provision is to be included in all FTA funded contracts: "Upon thirty (30) days of written request by COB/TMB, Contractor shall provide a signed certification statement that it has complied with any and all FTA requirements included but not limited to the FTA Clauses. Should there be any claims made by FTA jor reimbursement of'funds due to the negligence, whether intentional or not, fault or inaction of Contractor or its employees, agents, subcontractors or assigns, Contractor shall be liable to COB/TMB for any and all damages it sustains, including, but, not limited to, the amount of the reimbursement claim, the inability to obtain juture grant junds and any and all other damages sustained by COB/TMB. " Transit Purchasing and Procurement Policy 24 Appendix 2: Federal Cllauise Matrices PROVISIONS, CERTIFICATIONS, REPORTS, FORMS. AND OTHER, -- MATRICES A. THIRD PARTY CONTRACT PROVISIONS �excludlng mkro-purchasts, except Davis -Bacon reqUirenients apply to contracts, exceeding $2,000) MASTER AGREEM ENT SRO VISIOR'd COMMEWS REFERENCE (lbase.d onFA MA(30) 11- 2-20,2 2) _-Ul FTA As siste d Tldrd Party Contracts and S66contract-, No Federal Gm,-emuwzt I:Ibh.f ations tGTlmd Paliss jUse of Disclamwi) F-,L,,,e or Fra-Ludule-tit Statemeats or Ckmns — Civil md C3iimmai, Fraud 4.e Acces� to Thrd Puty Connact 16.:, RJECO& Changes to Fedolzi Kequxemenh, 9, 3j.(I) Equm2 Enaplo�,mhent,Opportunvry (except:apecizal DOL com-wwban 11 claine)) Dsadva=aEed B,unaL-,;!: Eosmprn Contract lwnudedotithe b,aLis of a, Ile (D]BEs) o5ning ti) rtse DBEs- IncorpcTatim of FTC' Terim Pea FTA C 1 420. IF. 16.d N,onlpt payulellt 4:9 CTR 26.29 ProliilmtiGn on C I eft,= 2 CTR 20G, 216 Teleco=uracartam Eqmplllelut FA34 52 '104- 24 Awards Exceeding S10.00,01 Telulmtlom 1,1 md, § 16.d.(2) Deb-zzmEnt and SuspeE:,non AvrardT, encee6mg'125,OM, 4 .It Notice to FTA and U S. DOT lnspe�,,tor General o�f waste,. fi-a u &, A kva I L ex-C ee 6mg,r-1 5, CK) G, W 3 91(b) 3bme .. L6bbymg =I ard-,mceeding $1o,,000 4C: ad 1,6. d(8) AITIIFda Emeeedmg the Simplified Arquii,-�,tion Thm—,hold (51,40,0,00) Reuolutson of asputes. Breache7, m Offier LazjLbon Ai,qroirlds Exceeding Sl:,0,000 by Stq itute clezn,ar 42 U S. C, 74,01-767 Iq � 16 d.(7) Clem Water 33 U,S.C2251-1387 When tangible pa' opett,, uF rownuction mmll be acquLred. The thnuhoM for Uy iir,etlra aPp, -3kht:,,; in no hmgu tsed to the alWl b hn statubmily,fixed m 49 U.S. C. ,T 25,3230)(3 3) 1 Note:The Special EEO. C[ause for Construction is now shown On next page under "Construction Activities" for all contracts., Transit Purchasing and Procurement Policy 25 MEMIMME PROVISIONS, C ERTIFI (AT IONS, REPORTS, FO,RMS, AND OTHER — MATRKES, - THIIRDPARTY CO,ITR.ACTPROVISIONS (,Cotit�iinitiied) (excluding micro -purchases, except Davis -Bacon requirements apply to contracts exceeding $2,000) MASTER AGREE MENT PROVISION COMMENTS REFERENCE (ba-sed on FA MA(3011) 1,11-2-2022) TTansport of Property or Persons C OTE PO Preferencis Whm arq*nng pmpeM, -numbLe foz .0 Qupzmut by ocumveswl. Wbenpmperty or pmenmm sip trmmpoved F1.ya menca by air b2nwieeja U 5-mid fore�fgn 15-d destizudcaa, ar betoreem fore;p locatim,, Construction Activities C:mD=tion Employee Pmzactioas Forlicantrans emcfedusf V2,000, 16, d.�4� - aum-DoKon Ad C amstm, don Emq�layee Prwectons For lco=acls emceediw JICG,000 - Cmtm#a Wal Homs & ONLfB GmCp of Federal Fin=�ial 2%,Lwgt-auam lun moat adopted the FAR clamase 1191 $150,000, suWh5ed safer,.'Amduds. Act acquismu t1mmloldslaackard Coms=tioa Employee Ptwenoua - SK, I CopelmdAn-b- AD contracts Eirkbacl Act -U cms= Lou CQ=acts emceedz4g, I dd,�p4) $2,000. -,fw,-c.2C'a*aadAim,-�Kkkb3ck.art _ ,S'pKtid EEO Pm%y lion for Comstniction U con.-=x c =2m EamdLrg for Cons.=,aon Acmlties 5,11iibad gmuantee bocci. Eaneeding $2-0,000 �E OON perz=,e omd pNyme= band. I d u Seiumc Safery Consmumem coutmicts for anew bull, 017 for existing b-Ld-f-s. Veterm.:. Prefenwe A.UcuwmLcttun cosawls 16,11 Non -construct ion Activities Farail ftmikey, roll* swck, and Oper.712DIKSi COUtTRUS (eXrepl UM—q=21300 Nm:omtruc= Er pboyee wnlres c outracts aml open niaAer - C onncl WcA Ham & rout 3m) exreeding $1 ; y 24 b Safey S=loffd. Act' ONIMOffice of Feder.91 FivaacW, Mmugement has moradopted le FAR ,linse, 1:01 $1 5GAO snmpkfied acquisitan thzesh6ld stgodard, Transit Operations Trm.ul E,n-jpl owyee PruMLtv e �24-d AiniqementE C harter Bm Opmums. rI :'S ,r ,aerations Dnig Use and Teitizag t3 " s�rasiad. Ve fumtlou �Ucohol Mhusem, d, Tesdug Sa&ty, -Ansifam.. ftlacbm, Ti 35 b Transit Purchasing and Procurement Policy 26 MEMIMME "'mall PROVISIONS, CERTIBCATIEINS, REPORTS, FORMS, ,AND OTHER —MATRICES A. THIRD PARTY CONTRACT PROVISIONS (Continued) �exe"iudirffmicro-purchases, except Davis -Bacon requirements apply to contrart,, excei2ding $ 2,000) MASTER AGREEMENT PROVISION IOICI COMMENTS REFERENCE based on FA A(30), 11-2-20,2 ' Planning, Research, Development, avid Demonstration nstiration Projects, RatentRights F 17 Rights in ISiata and Copyrighu F 1s Special Notifiwcatlon Requirements for Stat;es Special Notificabon Requirement 3T for States lisr;ellanelous Special Requirements Energy Conservation AH Contracts f 6 Contracts when pro,curing Recycled Products S10,000 or more per Vear & rtenxs 6, lE.d.110'� designated by EPA. Pr hflntion on Con, M, AB Contracts 2 CFR 200 Appendix rli Te1eccm=ani arkow, Zqmproenf '2 CFR', 00.216 Conformance with. Nati:onai im 3 Contracts and scOicitatiom for ITS §ADA Architecture 1projects„ Access Contracts foil roking stocE Corr facilities construct iorw,f ren+ation. �is,s4ginaiBitrop Ciausse Procurements through assignments ("P,uggvb-krnT). � lE,a, ,wIh4ch in,rorporates fTA. circular 42M1 Transit Purchasing and Procurement Policy 27 "'mall PROVISIONS, CERTIIFICATEONS, REPORTS, FORMS, AND OTHER —MATRICES A. THIIRD PARTY CONTRACT p'Ro RSio NS (Continue d �e du ding kro-purchases, except Davis -Bacon requirements apply too contracts exceeding $2,000) MASTER AGREEMENT PROVISION C'ONI EINT' REFERENCE used on Fit II' A : R 1-2-2022 .., Planning,,„ Research, Development, and Dernon tration Projects Patent', Rights § 0 Rights in; Data and Copyright& § 1 Special Notification Requirements for States Specia;I NoTifcat o n Requiirerrti ent T for States Miscellaneous Special Requirements Energy Conservation AR Contracts 26 rtio ntracts hern Ipirtocuberg Recycled Rrcducts $10,000 oT more per year of (terns designated by ERA., probbitioms on Comm Dili Contracts ? EFR 200 Ap�pen�d x l p Te1eCa=w.tic�tii3= t6pm'e 2 C;;F'R 200.216 Confonmance %wth, IFlatia nal ITS Convacrs aind szOicitatioins for ITS 16,.tl AirchAectuire pro-jects,. ADA Access, Contracts for rolkng storck or �12,.Ih facitlides constrcuction/renavation. �ssigrm:aitlity Cause,� Rrac�uremands through 16.a, wIhrch uincorporatas FTC. circce,alar 4220J.,1, as-signments (' ptb&,:1Wtiisrg"). Transit Purchasing and Procurement Policy 28 "'mall PROVISIO S, CERTIFICATIONS, REPORTS, FOR IS, .AND OTHER—ALATRICE. B, ;P'PLI ABILITY OF THIRD PARTY E O N "TI -ACT" PR RVItSIO S ('excludli nuem-,purchases, except l nu, -Barn a aegu u-ami ,ts iprply to r o nh-act: exceed2.,MG) "nT'E ENE FROCITMIENT PROVISION Professional t�wq��r°ationsp Rolling Stock Iolmstr•nctiorn Itlaier�arulus �' S"er°aiiaesik&E A'I,riaraeaa®erat Purchase %ppIiMr No Federal lioceni nident Obligations to Third Parties All All All All All (by Use of a Disclaimer) False Statements gar l`lainis Civil and Criminal Fraud All All H .All All Access to Third P'aM,,, Contract All All All All All Records Changes to Federal Requirements All All All All All Teransiiiibmi • 10.000 • 10-001 1&l, lA ° 10.000 : ` 1 0,0liil Equal Enaplovment Opapaoortmut'yy All All All All all except Special D01- EEO chuLse for constnaicdon ;ro ft-ts) Special DOL aO clause for -,SMOOI l Cons=doll prolecn Disadvantaged Business Al.l All alp All All Ente nie (DBE ) Incorporation of FTC, Tenns All All All All all Debarnnent and Suspension $215, 00 425,000 , '5, 0 :42570,00 $25,0010 )l,.Lu j, Arnerica, W HOO : ,'$15 . It > 15 0,0,00, Resolution ofDhputes,,Breaches, 250,000 , I5l),0010 5250.000 > Ilft.ilFT > ;250,t or Outlier Litigate on. Lobbying = 1Ml1fM,OGG IIKOOO 5,100,000 ` lMOW 4100, It Cle'In Air 4150,000 >$150,000 I10,00 4150,01CF01 a ,Idot; Clean T" titer . 1`0,000 , 150,000 ,1507000 1150,0100 150, Caro Preference Transport br , Transport by Transport by ocean vessel. ocean vessel. ocean vessell.. Fly America. Foreigm air Foreipi pair Foreign air Foreip, aver Foreip, i air tram pa /travel, transpud. trannala. tIMIT. rsans)p„ itravel,. "txaa"el. Aavel.. 1"travel... Notice to FTC, and U.S. DOT $25000 or $215,0000, $.I5. M G or 2;57or $25.000 mar Inspector ° General of Informatiorn More Ptnne More Prime More. Pie More. Phine Nlore pr e Related to Fraur Waste, etc. and Subs and Subs and Subs and Subs and Subs P°rcaaapit Parnent All All All All All Transit Purchasing and Procurement Policy 29 "'mall PRf, VISIQ S, C°E''RTIT'I ;ATIONS, REFORTS,'FORMS„ AND OTIIT—FiLATF.I :E,S B, tlPPLICAB.E .IT'Y OF THIRD 1s kRTY C I �s'�TR--X:(;`T lPROVI,SI " S (C; onttiemroed) (exclul a mcra-;plu'Cha e . eycept Davit-Bicmi requirem apply to constructicm routractL exceeding S2,C'd4IC) TYPE OFPROCUREMENT Professional, peraationsl RoHing Materials PROISIivti"i Serviee-JAckE Management Stock. Conffr•a tion Supplies Perm ha,w basis-llaccam,t ,lNJ(alsscm ferries). Teteramms Preference , 1 m .001 Con, tact Work 3- ours and Safety 4250,000 5250,0 0 -$250,0 11 Stilidards: Act (tra:nsportatioms (also ferries). ser' ces C,"Opelam 1.And- iclbmk Act Section 1 All Section 2 52.001 N (alro f"emes"). Banding r. 250,0 11 Seismic Safetv Aa_'iFE for new New buildings & lamuldirm,gs aclrlitiDns additions Transit Employee Protective Transit Haan enments. operations. Charter Sen ce -; rmmtions All. School. Bi s Operations All Drug Use amend 'Testing Tramm �t operations. Alcohol "llisa.ise and Testin'S Transit operations Fa tent Pi ght s R&D Rights in I1ata <rmmmf Coi_oits R ii: D EneTgy Consenatton All All All All, All Recycled Products EPA, selected EPA selected EPA —selected itemis S10500 mtemas 10. items $10X0 or more or snore or inure alnnt"I'Dv. mrin lly. annually. Seat Re t Use All All All all All Distracted ted EYri w imm,,g All All All All All ConfornmaEre with ITS National ITS projects. ITS projects. ITS projects.. ITS projects. ITS pr-ojects. Arclutectrmme, ADA .Ecscess AU All All All. All Notification of Federal Limited to Lnrr ited to Linuted tma Limited to Lunited to F'articm ton for States Statutes. States,. States. States. ;State,.. Ftohibition on Certain All, All All All All Telecoramn micadons E i;d mmrenm Transit Purchasing and Procurement Policy 30 "'mall PROVISIONS, C,ERTIEICATIO S, REPORTS, FORE AM AND OTHER-7,NLATRICTS C"E TI.FIC" ATIONS„ REPORTS. AND FORMS CE, R I ° 'n,ON,,'S,, REPCOlt. S, 0 1 1 1T , REGULATORY FORYIS REFERENCE 41 prncusue t> of newmodel transit Bu<, Te,ytamg Cemtiidcatic,m, buses aard v= aind eu:xmg°models e g 49 CFR Paa-t 665 modified mtlr mayor changev,. TN,,4 Certiiicanomm, All I-Mlllgg story PffOLine e _ 49 CTR Rut Procu en^men of J'.teel, iran mmufachzed BUY .Ameervza CeLlifiLawn Pr Odmct'and rc'm;rtrmmd� con tulte71,L 49 CTR Paat 661 evr,�eede, ' "�1mv�,ftlN1'd., P"reaward Rer.-mew, FTA r nniml Cerntamcahcm for any r;olln9,g' 49 C FK Pail 663 y l- Procurement. preauumrd BM, America RLollin, stack Procwenment", emzeechng' 49 C,FKPaat 663 Cet-n5catzon S150.000. Freau card Purchaser's R.egpmd'emcent .-d_ roll<ug stock, Prazirerrmentm.. 49 C Fly Paat 66 Post De zvem-v Kevuew FTA Annual CernEcanon !for any rolling =lit CTR Paat 663 stool: Pm eurernent. Foot LDeliv,-er-td Bun, Amenca R_olHng; stock Pr-oamone ,e excee ng 49 CTR Pm!t 663 Cer tificatuon S150,000. oat Deliver: Pcmclmasee' s All Tolling ato'c16.. PffOC'nrerdme'ML tad tlNeemmteMl 49 CTR Rut 663 Requirement re+rlurred by Federal I-,ww and regumlat omr,n., Rolan;g Stock except fbr Pr,°amrarearreaf Cyr. -10 or fewrer VeEclez - M2 or Fewer vehicies -A:3T'"nm;g rumad (cbtlre'r' tlran urbanize&) area, or nrbaanm"Fed areas a" On -Site ZUSPec3om"S F.ePOrt", 200 ,&00, people aim` Fewer,- 49 CTFL Part 663 - my Mount Of;Pr'ima7d'+„";mimm77fa;L't`mied, mtaamdLnd production and U n ochffued & m, Lai ailea- vi ual rn^Pedmtaon wed road testing, sit hlhe cammtsact ,Pecmm.afion^a,.. Federal Motor Vehicle Safety, Stam&ir& - R-emiurd and Post Motor relmrc le Procures nentm' (49 CTR", 571). 49 CTR"1 Paat 66 Dalrvei7^ Reviews 9 t"TR Part 20 OMB Office of Federal Firm ra3.1 klamagenre'art' Ray Lo1aXi;N'H¢mg; Procmernents exceeding ",1,00700., not a&ptecl F-�,R: 2-101, $150,000 :u Bled acgmmr i dcmm &.IE'abuld stamdard. 49 CFFL Part 20 R Office of Fedend Standard Form LLL and Qaarterly Procurement exceedir7 51(Y)J,000 where, Faunarr i;al NIammsageinemmt La:, Updates ,-kvhen ngln3ldj- ca nnactcar engage;; in la!dlal "usg, activities not adapted FAR 2.101 150,r.00 ,implrf"ied aculrmn~~i'nom du-e;hoM atmda d. Transit Purchasing and Procurement Policy 31 "'mall PROVISIONS, CERTIFICIATIS,RE,PRT,S.FORINIS,,ANDOTHIR NLATRICE D., OTHERNLALITERS O= MATIE o µ STATUTrORY"OR REGULATORY F.,E " i , iCJ.: S, f'onw,ioi Admmistratmcry Sy -, e 2- CFR 5 IOU 18,(V) RecoardozfPL co. emen4 Es -Y 2 C,FR Selection Prwedw-em AwarL, _ CFR 00.320: c.. No Excessive Boniiing gl'JBJ.amenIC 2 CFR 2100 aD( Q( ". FTmo mcwmammy Specfficafton 2 CFR 20& 3 19aW) (1) No Geograplue PrefoenceS Except fGr A&E Seff%�ceJ Transit Purchasing and Procurement Policy 32 Appendix : F,..1'A l l[aumtltti.tory Provisions Example Third -Party Federal Contract Clauses Required by Federal Transit Administration (FTA) Fly America Requirements The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. Buy America Requirements Contractor shall comply with 49 USC 53230) and 49 CFR 661, stating that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include software, microcomputer equipment and small purchases (currently less than $150,000.00) made with capital, operating, or planning funds. Separate requirements for rolling stock are stated at 53230)(2)(C) and 49 CFR 661.11. Rolling stock must be manufactured in the US and have a minimum 60% domestic content for FY2016 and FY2017, a minimum 65% domestic content for FY2018 and FY2019 and a minimum 70% domestic content for FY2020 and beyond. A bidder or offeror shall submit appropriate Buy America certification to the recipient with all bids on FTA-funded contracts, except those subject to a general waiver. Proposals not accompanied by a completed Buy America certification shall be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Charter Bus Requirements Contractor shall comply with 49 USC 5323(d) and (g) and 49 CFR 604, which state that recipients and subrecipients of FTA assistance may provide charter service for transportation projects that uses equipment or facilities acquired with Federal assistance authorized under the Federal transit laws (except as permitted by 49 CFR 604.2), or under 23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, "Charter Service," 49 CFR part 604, the terms and conditions of which are incorporated herein by reference. School Bus Requirements Pursuant to 69 USC 5323(f) or (g) as amended by MAP-21, 23 USC 133, 23 USC 142, and 49 CFR 605, recipients and subrecipients of FTA assistance shall not engage in school bus operations exclusively for transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and Transit Purchasing and Procurement Policy 33 subrecipients shall not use federally funded equipment, vehicles, or facilities. Violations. If a Recipient or any Third -Party Participant that has operated school bus service in violation of FTA's School Bus laws and regulations, FTA may: 1) Require the Recipient or Third -Party Participant to take such remedial measures as FTA considers appropriate, or 2) Bar the Recipient or Third Party Participant from receiving Federal transit funds. Cargo Preference Requirements Contractor shall: a. use privately owned US -Flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US flag commercial vessels; b. furnish within 20 working days following the loading date of shipments originating within the US or within 30 working days following the loading date of shipments originating outside the US, a legible copy of a rated, "on -board" commercial bill -of -lading in English for each shipment of cargo described herein to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the recipient (through contractor in the case of a subcontractor's bill -of -lading.) c. include these requirements in all subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment, material, or commodities by ocean vessel. Seismic Safety Requirements Contractor agrees that any new building or addition to an existing building shall be designed and constructed in accordance with the standards required in USDOT Seismic Safety Regulations 49 CFR 41 and shall certify compliance to the extent required by the regulation. Contractor shall also ensure that all work performed under this contract, including work performed by subcontractors, complies with the standards required by 49 CFR 41 and the certification of compliance issued on the project. Energy Conservation Requirements Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act Bus Testing Rolling Stock/Turnkey Contractor [manufacturer] shall comply with 49 USC A5323(c) and FTA's implementing regulation 49 CFR 665 and shall perform the following: 1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient prior to the recipient's final acceptance of the first vehicle. 2) A manufacturer who releases a report under para. 1 above shall provide notice to the operator of the testing facility that the report is available to the public. 3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to the recipient's final acceptance of the first vehicle. If configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. Transit Purchasing and Procurement Policy 34 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the US before Oct. 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. Pre Award and Post Delivery Audit Requirements Rolling Stock/Turnkey Contractor shall comply with 49 USC 5323(1) and FTA's implementing regulation 49 CFR 663 and submit the following certifications: 1) Buy America Requirements: Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If contractor certifies compliance with Buy America, it shall submit documentation listing: a. Component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and b. The location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. c. Solicitation Specification Requirements: Contractor shall submit evidence that it will be capable of meeting the bid specifications. d. Federal Motor Vehicle Safety Standards (FMVSS): Contractor shall submit i. manufacturer's FMVSS self -certification sticker information that the vehicle complies with relevant FMVSS or ii. manufacturer's certified statement that the buses will not be subject to FMVSS regulations. Lobbyin,- Restrictions COB/TMB agrees that neither it nor any Third Party Participant will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the Underlying Agreement, including any extension or modification, according to the following: 1) Laws, Regulations, Requirements, and Guidance. This includes: a. The Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352, as amended; b. U.S. DOT regulations, "New Restrictions on Lobbying," 49 CFR Part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and c. Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and 2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Recipient's or Subrecipient's proper official channels. Access to Records and Renorts 1) Record Retention - The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub- agreements, leases, subcontracts, arrangements, other third -party agreements of any type, and supporting materials related to those records. 2) Retention Period - The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Transit Purchasing and Procurement Policy 9 Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. 3) Access to Records — The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required 4) Access to the Sites of Performance — The Contractor agrees to permit FTA and its Contractors access to the sites of performance under this contract as reasonably may be required. Changes to Federal Requirements 1) Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between COB/TMB and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. 2) All rulings and interpretations of the Davis -Bacon and related Acts contained in 29 C.F.R. Parts 1, 3, and 5 are herein incorporated by reference in this Contract. Bondinz Requirements Bid Bond Requirements (Construction) 1) Bid Security. A Bid Bond must be issued by a fully qualified surety company acceptable to COB/TMB and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. 2) Rights Reserved. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by COB/TMB, to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of COB/TMB. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of COB/TMB, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of COB/TMB's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by COB/TMB as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense COB/TMB for the damages occasioned by default, then the undersigned bidder agrees to indemnify COB/TMB and pay over to COB/TMB the difference between the bid security and TMB's total damages, so as to make COB/TMB whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: 1) Performance bonds a. The penal amount of performance bonds shall be 100 percent of the original contract price, unless COB/TMB determines that a lesser amount would be adequate for the protection of COB/TMB. b. COB/TMB may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. COB/TMB may Transit Purchasing and Procurement Policy 36 "'mall secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. 2) Payment bonds a. The penal amount of the payment bonds shall equal: i. Fifty percent of the contract price if the contract price is not more than $1 million. ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or iii. Two and one half million if the contract price is more than $5 million b. If the original contract price is $5 million or less, COB/TMB may require additional protection as required by subparagraph a if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the COB/TMB's interest. 1) The following situations may warrant a performance bond: a. COB/TMB property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). b. A contractor sells assets to or merges with another concern, and COB/TMB, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. c. Substantial progress payments are made before delivery of end items starts. d. Contracts are for dismantling, demolition, or removal of improvements. 2) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: a. The penal amount of performance bonds shall be 100 percent of the original contract price, unless COB/TMB determines that a lesser amount would be adequate for the protection of COB/TMB. b. COB/TMB may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. COB/TMB may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. 3) A payment bond is required only when a performance bond is required, and if the use of payment bond is in COB/TMB's interest. 4) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: The penal amount of payment bonds shall equal: i. Fifty percent of the contract price if the contract price is not more than $1 million; ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or iii. Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. COB/TMB shall determine the amount of the advance payment bond necessary to protect COB/TMB. Patent Infringement Bonding Requirements (Patent Indemniiy) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. COB/TMB shall determine the amount of the patent indemnity to protect COB/TMB. Transit Purchasing and Procurement Policy 37 Warranty of the Work and Maintenance Bonds 1) The Contractor warrants to COB/TMB, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by COB/TMB, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2) The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by COB/TMB and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to COB/TMB. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to COB/TMB written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). Clean Water Contractor agrees that any new building or addition to an existing building shall be designed and constructed in accordance with the standards required in USDOT Seismic Safety Regulations 49 CFR 41 and shall certify compliance to the extent required by the regulation. Contractor shall also ensure that all work performed under this contract, including work performed by subcontractors, complies with the standards required by 49 CFR 41 and the certification of compliance issued on the project. Clean Air 1) Contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act, 42 USC 7401 et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. 2) Contractor shall include these requirements in each subcontract exceeding $150,000.00 financed in whole or in part with FTA assistance. Recycled Products The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Davis -Bacon 49 U.S.C. § 5333(a) (Applies to all prime construction, alteration, or repair contracts over $2,000.00) COB/TMB shall place a copy of the current prevailing wage determination in the solicitation. The decision to award a contract will be conditioned upon the acceptance of the wage determination. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis -Bacon Act, 40 U.S.C. §§ 31413144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction." In accordance with the Transit Purchasing and Procurement Policy 38 "'mall statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor is 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 or she is otherwise entitled. Copeland Anti -Kickback Acts Section 1. The Contractor shall induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or public works that are financed in whole or in part by the United States, to give up any part of the compensation to which he or she is otherwise entitled. Section 2. The Contractor shall submit a weekly statement of compliance to COB/TMB with respect to the wages paid each employee performing covered work during the preceding week. Contract Work Hours and Safety Standards Act 1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. 2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph 1 of this section, contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph l of this section, in the sum of $10.00 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 3) Withholding for unpaid wages and liquidated damages - the recipient shall upon its own action or upon written request of USDOL withhold or cause to be withheld, from any moneys payable on account of work performed by contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours & Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. No Government Obligation to Third Parties 1) COB/TMB and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to COB/TMB, the Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. Transit Purchasing and Procurement Policy 39 "mall 2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions False or Fraudulent Statements or Claims 1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this procurement. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the Subcontractor who will be subject to the provisions. 1) Termination for Convenience (General Provision) COB/TMB may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in its best interest. Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property, contractor shall account for same, and dispose of it as the recipient directs. 2) Termination for Default [Breach or Cause] (General Provision) If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, COB/TMB may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by COB/TMB that the contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, COB/TMB, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. 3) Opportunity to Cure (General Provision) COB/TMB in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions. If contractor fails to remedy to COB/TMB's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from COB/TMB setting forth the nature of said breach or default, COB/TMB shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to Transit Purchasing and Procurement Policy 40 "mall preclude COB/TMB from also pursuing all available remedies against contractor and its sureties for said breach or default. 4) Waiver of Remedies for any Breach In the event that COB/TMB elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by COB/TMB shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 5) Termination for Convenience (Professional or Transit Service Contracts) COB/TMB, by written notice, may terminate this contract, in whole or in part, when it is in its interest. If the contract is terminated, the recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. 6) Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this contract, COB/TMB may terminate this contract for default. COB/TMB shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for COB/TMB's convenience. 7) Termination for Default (Transportation Services) If contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if contractor fails to comply with any other provisions of this contract, COB/TMB may terminate this contract for default. COB/TMB shall terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while contractor has possession of the recipient goods, contractor shall, as directed by COB/TMB, protect and preserve the goods until surrendered to the recipient or its agent. Contractor and COB/TMB shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for COB/TMB's convenience. 8) Termination for Default (Construction) If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: a. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and b. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient's judgment, delay is excusable, the time for completing the work shall be extended. The recipient's judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. Transit Purchasing and Procurement Policy 41 If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient's convenience. a. Termination for Convenience or Default (Architect & Engineering) the recipient may terminate this contract in whole or in part, for the recipient's convenience or because of contractor's failure to fulfill contract obligations. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, contractor shall: i. immediately discontinue all services affected (unless the notice directs otherwise), and ii. deliver to the recipient all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If termination is for the recipient's convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for contractor's failure to fulfill contract obligations, the recipient may complete the work by contact or otherwise and contractor shall be liable for any additional cost incurred by the recipient If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient's convenience. 9) Termination for Convenience or Default (Cost -Type Contracts) the recipient may terminate this contract, or any portion of it, by serving a notice or termination on contractor. The notice shall state whether termination is for convenience of the recipient or for default of contractor. If termination is for default, the notice shall state the manner in which contractor has failed to perform the requirements of the contract. Contractor shall account for any property in its possession paid for from funds received from the recipient, or property supplied to contractor by the recipient. If termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to contractor in proportion to the value, if any, of work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to contractor. If termination is for the recipient's convenience, contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the recipient determines that contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of contractor, the recipient, after setting up a new work schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. Government -Wide Debarment and Suspension 1) This Contract is a covered transaction for purposes of 2 C.F.R. Part 200, 180, and 1200. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 2 C.F.R. Part 180, or affiliates, as defined at 2 C.F.R. Part 180, are excluded or disqualified as defined at 2 C.F.R. Part 180. 2) The Contractor is required to comply with 2 C.F.R. Part 180, subpart C and must include the requirement to comply with 2 C.F.R. Part 180, subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by Transit Management of Beaumont. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to Transit Management of Beaumont, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C, as supplemented by 2 C.F.R. Part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Transit Purchasing and Procurement Policy 42 Civil Rights Reauirements 1) Nondiscrimination — In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit laws at 49 U.S.C. §5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements the FTA may issue. 2) Equal Employment Opportunity — The following equal employment opportunity requirements apply to COB/TMB contracts: a. Race, Color, Creed, National Origin, Sex — In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. §2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements the FTA may issue. b. Age — In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §623 and Federal transit laws at 49 U.S.C. §5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements the FTA may issue. c. Disabilities — In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U. S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. The Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements the FTA may issue. 3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by the FTA, modified only if necessary to identify the affected parties. Disputes. Breaches. Default. and Litigation 1) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the Award, the accompanying Underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. 2) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third -Parry Agreements and must require each Third -Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a "covered transaction" according to 2 C.F.R. § § 180.220 and 1200.220. Transit Purchasing and Procurement Policy 43 "mall a. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. b. Matters that may affect the Federal Government include, but are not limited to, the Federal Government's interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government's administration or enforcement of federal laws, regulations, and requirements. c. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third -Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, "promptly" means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions. 3) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Underlying Agreement. Notwithstanding the preceding sentence, the Recipient may return all liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Recipient receives FTA's prior written concurrence. 4) Enforcement. The Recipient must pursue its legal rights and remedies available under any third -party agreement or any federal, state, or local law or regulation Patent and Rivahts in Data (Applies ONLY to research projects in which FTA finances experimental, developmental, or research work) 1) This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant WATA intellectual property access and licenses deemed necessary for the work performed under this contract and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Agreement and shall, at a minimum, include the following restrictions: Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution. 2) The Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for "Federal Government Purposes," any subject data or copyright described below. For "Federal Government Purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. Transit Purchasing and Procurement Policy "'mall 3) Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct. 4) Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. 5) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. 6) Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work. 7) The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance. Public Transit Employee Protective Agreements (Applies to all contracts for transit operations) 1) The Contractor agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b) ("13(c)"): a. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. b. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. c. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make case -by - case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. Disadvantaged Business Enterprises (DBE) 1) Contracts are subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs 2) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of this DOT -assisted Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other Transit Purchasing and Procurement Policy 45 "mall remedy as COB/TMB deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph. 3) Contractors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 C.F.R. 26.53. Award of this Contract is conditioned on submission of the following: a. The names and addresses of DBE firms that will participate in this Contract; b. A description of the work each DBE will perform; c. The dollar amount of the participation of each DBE firm participating; d. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; e. Written confirmation from the DBE that it is participating in the Contract as provided in the prime contractor's commitment; and f. If the contract goal is not met, evidence of good faith efforts to do so. The successful bidder/offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. 4) The Contractor is required to pay its subcontractors performing work related to this Contract for satisfactory performance of that work no later than 30 days after the Contractor's receipt of payment for that work from COB/TMB. In addition, the Contractor may not hold retainage from its subcontractors. 5) The Contractor must promptly notify COB/TMB whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of COB/TMB. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.IF, to the extent it is consistent with the most recent laws and regulations, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COB/TMB requests which would cause COB/TMB to be in violation of the FTA terms and conditions. Drug & Alcohol Abuse and Testing The Contractor agrees to comply with the following Federal substance abuse regulations: a. Drug -Free Workplace. U.S. DOT regulations, "Drug -Free Workplace Requirements (Grants), " 49 C.F.R. Part 32, that implements the DrugFree Workplace Act of 1988 as amended, 41 U.S.C. §§ 8103 et seq., and 2 CFR part 182, b. Alcohol Misuse and Prohibited Drug Use. FTA Regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 USC 5331, as amended by Map21, 49 CFR part 40, 49 USC chapter 53, 49 CFR Part 655, to the extent applicable. Access Requirements for Persons with Disabilities 1) Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the salve rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. 2) Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. Transit Purchasing and Procurement Policy 46 "mall Safe Operation of Motor Vehicles 1) Seat Belt Use. The Recipient agrees to implement Executive Order No. 13043, "Increasing Seat Belt Use in the United States," April 16, 1997, 23 U.S.C. § 402 note, (62 Fed. Reg. 19217), by: a. Adopting and promoting on-the-job seat belt use policies and programs for its employees and other personnel that operate company -owned vehicles, company -rented vehicles, or personally operated vehicles, and b. Including a "Seat Belt Use" provision in each third -party agreement related to the Award 2) Distracted Driving, Including Text Messaging While Driving. The Recipient agrees to comply with: a. Executive Order No. 13513, "Federal Leadership on Reducing Text Messaging While Driving," October 1, 2009, 23 U.S.C. § 402 note, (74 Fed. Reg. 51225), b. U.S. DOT Order 3902.10, "Text Messaging While Driving," December 30, 2009, and c. The following U.S. DOT Special Provision pertaining to Distracted Driving: i. Safety. The Recipient agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Recipient owns, leases, or rents, or a privately owned vehicle when on official business in connection with the Award, or when performing any work for or on behalf of the Award, ii. Recipient Size. The Recipient agrees to conduct workplace safety initiatives in a manner commensurate with its size, such as establishing new rules and programs to prohibit text messaging while driving, re- evaluating the existing programs to prohibit text messaging while driving, and providing education, awareness, and other outreach to employees about the safety risks associated with texting while driving, and iii. Extension of Provision. The Recipient agrees to include the preceding Special Provision of section 34.b(3)(a) — (b) of this Master Agreement in its third party agreements and encourage its Third Party Participants to comply with this Special Provision, and include this Special Provision in each third party sub agreement at each tier supported with federal assistance. Prohibition on certain telecommunications and video surveillance services or equipment 1) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure Transit Purchasing and Procurement Policy 9 replacement equipment and services, and to ensure that communications service to users and customers is sustained. 3) See Public Law 115-232, section 889 for additional information. 4) See also § 200.471. Prompt Payment The Bidder agrees to pay Subcontractors within ten (10) calendar days of the Bidder's receipt of payment from COB/TMB for undisputed services provided by the Subcontractor. The Bidder agrees to pay Subcontractors all undisputed retainage payments within ten (10) calendar days of completion of the work regardless of whether the Bidder has received any retainage payment from COB/TMB. The Bidder shall not postpone or delay any undisputed payments owed Subcontractors without good cause and without prior written consent of COB/TMB. The Bidder shall not, by reason of said payments, be relieved from responsibility for Work done by the Subcontractor and shall be responsible for the entire Work under this contract until the same is finally accepted by COB/TMB. The Bidder agrees to include in all subcontracts a provision requiring the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes. The Bidder will not be reimbursed for work performed by Subcontractors unless and until the Bidder ensures that Subcontractors are promptly paid for work they have performed. Failure to comply with the provisions of this section FTA- 14.2 may result in COB/TMB finding the Bidder in noncompliance with the DBE provisions of this Contract. Other Environmental Federal Laws COB/TMB agrees to comply or facilitate compliance, and assures that its Third Party Participants will comply or facilitate compliance, with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to "Protection of Wetlands," and Executive Order No. 11988, as amended, "Floodplain Management." Transit Purchasing and Procurement Policy 48 "'mall To Do Before the Procurement Process: Review procurement process and policies Implement procurement process and policies if necessary Determine scope of procurement Prepare a written Independent Cost Estimate and place in the procurement file Identify who needs to be involved Plan the procurement process Decide on the method of procurement: RFQ, IFB, or RFP Procurement Package Preparation Convene Review Committee Develop draft RFQ, IFB, or RFP Insert required ETA clauses and certifications into the procurement package (Ref. See2, Appendix 1&2) Develop evaluation process and criteria for RFQ and RFP procurements Review protest procedures (these should be a part of the procurement package) Finalize draft of procurement package (i.e., IFB, RFP, or RFQ) Finalize RFQ/IFB/RFP Package Conducting the Procurement Advertising and Notifying of potential bidders/proposers and place documentation in the procurement file Conduct pre -bid or pre -proposal conference (optional) Review Requests for Information /Acceptance of Approved Equals (if applicable) Pre-bid/pre-proposal approved equals protests review (if applicable) Bid/proposal deadline and acceptance Pre -Award Review and Concurrence Process Conduct bid opening or receive proposals Conduct responsibility determination (Use COB/TMB Form #1/C.R.D. Checklist and place in the procurement file) For RFP/RFQs - Reconvene review committee For RFP/RFQs -Conduct evaluation process (place documentation in the procurement file) For IFBs - Prepare tabulation of bids (place documentation in the procurement file) For IFBs - Evaluate bids/proposals for required elements/responsiveness (place documentation in the procurement file) For A&E Professional Services, Use COB/TMB Form #3/A&E Prof. Svcs. Procurement Checklist and place in procurement file Single Bid Analysis (if Applicable, use form COB/TMB Form #2/Single Bid Analysis Checklist) Conduct cost or price analysis on responsive bids/proposals (place documentation in the procurement file) Check federal suspended or debarred contractor list (SAM, place documentation in the procurement file) Review and approval of intent to award Notify selected and rejected bidders/proposers (where applicable) Handle intent to award protests Conduct bid opening or receive proposals Conduct responsibility determination (Use COB/TMB Form #1/C.R.D. Checklist and place in the procurement file) For RFP/RFQs - Reconvene review committee For RFP/RFQs -Conduct evaluation process (place documentation in the procurement file) Post -Award and Post -Delivery Activities Issue purchase order or service contract to selected bidder/proposer Monitor contractor activities (if applicable) Post -delivery inspection of capital equipment purchases (if applicable) Complete required post -delivery audit forms (if applicable) Acceptance, warranty and service arrangements made with contractor (if applicable) Vehicle Title/Registration — Title must show grantee as lien holder (if applicable) Contractor submission of required forms and certifications Obtain verification of acceptance of the goods or services procured Obtain approval for payment of the contractor invoice Verify payment to contractor Notify COB Grant Manager to submit ECHO form for reimbursement of 5339 federal funds Transit Purchasing and Procurement Policy 49 /� "'mall ]II���'i�tnid i mConflict of l rlite %t Quitstiommilaire N FL,ICT N+F INTEREST QUESTIONNAIRE FORM CND! For vandior doing business with helical go"lrernl emal en ilny. Thiis utimtMmau'wrMuthe f6fiect6 charige's mado lu tlwm I&E, by 11..17 2'3tlolwh iLag , R6 uwlrar SUa6Ihuh. 01TICE SECINL lhr. u?msmwhiuBra`afitn i� L°md up Lrl �n aaa.r.vv,i mi arc MI°r Chiprllurcr 1'M, LbV l o , ovierhNnuiA a ;uumlmr„ 15y �% W-M "Akff Wilo u DiAW P—q' a rw rip Old 11']S a taururwm:r..z rmrb ltkarmHpi "r� rahMi jy..;a:c�l/m 176 001-I'141� Wumlr U. krumad gM.u'renvialrod'Al Orrrury Wild hPaa ve mayua ruuwradr rzrwluimrrarrutl.; uiauEuv Sm-urlmmma sd�Ypdr's� ;a. L: Ilawlhim.riermhr.urnavlesrUMbe, IiILwrr-artyavuumom".mulr; rAll/wmlamualr;mwmmwrurrruhar ualfflyxswatIdI nhhn rru"u lylo h usm u z tkv i awlhm-rr nl°war tgfle rl"uo�w var u.lui: R/arn. -,rix% uwRrrm. amt hicr! iluau (-e� ictaoou, Ow stArm rwu iu Lea @1lmw 54nin'Sin inin r7G.r''rl;gsr 1]licde,. Avlama dur ia nn r9lanw yam dar ^mwrrvmck,wm knuiiwil"gly vii-A.,awa't "a,v,cikva 'lA', ..'1 Il ur:>au Guruaerruaneni non. An co"hiln;a asmartrar "HS umuw.krmn ru,n mn Walarniii � . hRar�ae rrl'wweerd�r° tiLwh+a Ikea � baY�ae relaliwan�adhip �� l��al ,�esw,mernrnwlal amh�iill^�. . Check 16r1a box 1W you are limn aim,pdlate 10 a previously Mad queslionnaire. (The lira o re nixes 1hal yu m rtlr.a ;an o dJz'i1 1 �cwauar amlrrd gU1'?5liDnnarre Mh L appropriate lh mg auffi rely YiaA d&1er Ihan Ilhpe 7Ir bueruronar dxa.r a4ler thp drare ern wini :hi you tx-Carrie aware1mr, the originally ii queekionnairt wag ex mruac mrw-alry,.or ?, Nameniflucah gewer rmnenl office? about whom line information to bein dheclosed. Name r# 1 pricer Aj iDeis rkbe each erarproyrnaenl or ealtrer bLisiness r°e'lrallmanrahita Mini the local gDversirrienitr officer or a lanarly noemetler otthe officer, as d sicaribed by Sevi Also describe, any famllyraalaticinsh4pwilhtiM&iIrricarl, avern ent officer, Complete SubpaAand8fo:areachemploymeralof biwiriessrelnallons ipdescrribed, Allach,,ar 9tionatpagee.trl,1 9Form, CIO as necessasy. A La, the irxx d geverrime f., offirmor kiw e. Tarrroy member at Uuie clhcer rea-viving or I9kOytm� La,alble inaarrrae_ l'rer l raar7 iri4eisimeril ODY"errhrs94„ ir"cr+7�n &he wuvnx.-Y°x?" NO �. lr;Itr� ^rmew7detir�re rmr�e6r�rlir� ��r Il�.ai� t� �eaa��,rsr� Ra-��e.trR�. r��:.urr�;, r�>WB�rr n✓1��� mrr�r��,laeuearrE w�lp�as�wri��, lr�rrr u,w eV tV�ertlu�r��w<ll��rr tvi Ifie tlacal ?lexwrer nirrrerd raytlrrr""r or a trwr<rllyr r¢armrrrtaer oa 112ife afficer AND tlrre t>rmikmi r„„rlmararrm,,ia ir-. nDi: reQ -A-11 l Ira.-rrar 19ke irhrr^ai i�m��wriarrwrr��mnooai r�rrrrlrl,y"l 1 1 yea 17 NO cribe eaeh ernploVniervtorbusineaeivRationship Ifiatthe vendorirwerrnectOn'Sear"rlrr1 mainlakmewrllh,acorporautlerrmraum o4her business enlity with resiasct to which lire; local governmewnt ai rveas an officer or, direcl,ir, ra�lrhrali:is an rawrwrraerrshlp inlereat of one percent or more,. a. gg t rFev.,k 1Vuls hom r1 IPe Weirdar has givan the n im er or a t ammrlly rtrernber el 1Fhe wadlir wamire or more grdiq I as sdesci bed in Sech air l 716.0u', iag'2)e, ), c z.im-m&g Virs er. roeo in Seclien I M"ULN.rl(a l i ilgyZ'ouVtor¢re r�R >v�aaz+rim o�rarry� hre�mraw^.,.0 �rBYrtlarm rrpismnwarrrorr�� s1�Ganwrrrmhry ?1;r1�a Farm yurruvu mse: by rimam>; lhk:� NmudW w-Vlrru !...raMrr.-r•x US Rrivrami tl) 021 Transit Purchasing and Procurement Policy 50 CON FLICT OF INTEREST" CIAJESTIONNA1 RE Fo,r vendordaing business w1th local: governmental entity A complate copy of,(' hopkor 1713 00, (he Local Govorr-limero 0000 rrr oy be, ik')urldal h11P "fwww SWIUIV8. Usi' no = it Aq m W. 175. W. F 0100, y referamr, bebw are sorno ol [he sii oiled on 1"hirs'lor'n"i. LLplighlip qn! c' ­r 7 6,100141�-a . "BUSYness betwo0wil lwo 01 iraKIM, pii Mad on amone'l dal a0tivity'al one 01 ItliA parties. The lUinmdoes; i-101 Lixtdi a, crizirlacqion, ba8i on IN a Vanaaclian that Is, -.tiubjact to raw or lee, tkigulation by a1od8ral,slalo, or local 4owermnemal eritily or art, apriip�,y of a �,i stale,, or local Wivorrinler'dal 80 Wy: if 8), a tiansacliarr conOuded at, a Prim aird subjecl to terars availa"tito 10 Itne, public; or J.'C) a puire"tia'sa, or laaw 01 gioo& cir,,.wwrviow. irwri a person at al is o'riartwrad Ley state or ledoral agency axid thA is "Su bjw-A 101'Wgular oxiarnirmiian by, and reporling to, lIrat a(puncy. LogialGovernmmnen C[Ida 1175*03922gA) and UML �2) Orm vendor: IN has an iiiii ofliilaroif a 41111111ity rr1ornlbarvl 110 Whicer that tesuMs In tho o1fli or larmly rpornbor rucaMxig taxablo Moome, aMer Mail iqwasirriant rrirorrie, thal exceads $2,500 duri Hie 12-rnorilh period p i ing Vie dale lo. that the off ir tworines aware that J,i) aVoq"ib=[ betweera the kinal ginarnmenial awithy amd vw1AV has been eximutai or N Me Wal gbV,8ffl',V,,rr!TR41 OilfilyW =WermIg MoMg ihlb a iiI wArl Me V01"Idoe', 10) PISS Sri eIn 10 lfiO Ii q0v8Mrrip-' rit dIN4,0fOr a-10,31"lily rnodAYn' bi or rMore gilts fl"Ual: Plilvc� Ar%aggrii WAIW afil'161,9, tfl4rl $1 N in, Iho 12--i-norillh, porVd Ilprr00ditiq IlAdM,0 1110 I) a contraol: ba'liimigi 010 govorint'riellial aintity arAvWri has bRieft exer uled; of (0 the total govantInIMN ordilly i8c,04%idii 6,101 ii(Ad A (20illrOCt With the WMAR)r. Lqal Govemm ot C, do 1 171LOON41 and JwT) Jai Amemow ShNNAO a, triflip4eft4d cor'i of iftlorost quia8tioriniaAro if 010, w2vultir tiag a 4n0lo�if. rolaliariShip W4,11 a local arflilyarld,: (I ) Nis, 3r'w omploym-W or UlAor bassinets r0wafionship Willi A, 10"I (l'nvorfr I'll oil, I officor '01 that 10CM govanimcmdal amity or a WrWy member al the i doqtribed by Soctii 1, 76.003(a �(2)(A): 0,2) 1%aagivori a, Ii lymommoM WhWr of jl'rrWil llracal Ov#frvrvvitel afility, or, 0, Farrov 1,00111"Ibarol th 0. Or Me agoi vAua 7G. G,, gil"Ideslo6bad by Sactiorl I G 3,(A- 1); w (3) ha,.q- a farv�iiPy, rolakions'hipwi a local officar & 0101 lUi qUwat r"irriermal arnfity. (01: 71're COVIt1:11011100 UN11"fict qd hiMireal quasliannako IrTirusibe, likx,i wilb tfib oppropr)Noto r1ol hi than 1110to verfflr buWaSs dolvalor tho Ira r W: 0aleft"lal the vei.li IN Mom di8cuSsiorn., or reqoliatioriai, the r�nwrirflb a, corilract wkh, t1ral l6tijl ovarrlr"Vlanhll onmy: or (8) ;LA)niils it) Via loti)l qwgepirni &I'llily axii 4'jpkatk)rti, ro,,pi taa,raqui for PrF'U P002A or bide, Oorrorpo=ndk,arica, or ariollhor w0i[ing related to 8, pfflorbal WrAract Willi the 1604, gwo(wrr'nonlal entity; or (2) Via diale 0% wL*i,,idcq bew',fwws, awaro�. (A) 01 an or ather, a IW4goverrtri'li btk8r.,01' i% 41111livy rrierriberof Oia, officor, desvibed by S ubsedjurn iii (S) that Wa worldi Puts qarn One or rriIoro Pills Oanribed by SAW= IQ; or, (C) 01 a lahlWy vela hurhsha with roual govern imoril 011kor. Fapno prnwdnd Eq Tawa!w DhL� ; Cuenglinsilbo RrOued tlj,2021 Transit Purchasing and Procurement Policy 51 V Ems i "'mall Transit Purchasing and Procurement Policy 52 "'mall m:" w. BI" ' B F`o uinia 41 Compliance Determination Checklist IFB/RFP #: Bidder/Proposer: Date: For each of the areas described below, check that the appropriate research has been accomplished and provide a short description of the research and the results. Acceptable Circle One Comments 1. Appropriate financial, equipment, facility, and personnel. YES NO 2.Ability to meet the delivery schedule YES NO 3.Satisfactory period of performance YES NO 4.Satisfactory record of integrity, not on debarred or suspended listings YES NO 5.Receipt of all necessary data from supplier YES NO COB/TMB Evaluation Committee Member COB/TMB Evaluation Committee Member COB/TMB Evaluation Committee Member Date Transit Purchasing and Procurement Policy 53 Single Bid Analysis Checklist Sol iei anon Action Ilan Solicitation: Number of solicitations requested: Solicitation #: Product/Service to be procured: Number of bids received: Bid or proposal due date: Single Bid: After solicitation and only a Single bid is received, the following must be documented, checked, and attached to that procurement file: Determination if com etitin was ade gate ❑ Review specifications for undue restrictiveness. Notes from review of specifications: ❑ Survey potential bidders (reason why they did not submit a bid). Notes from survey of potential sources that chose not to submit a bid (note who was contacted, and feedback provided): Reasons for lack of Competition ❑ Lack competency ❑ Lack available resources ❑ Poor timing ❑ Short response due date ❑ Other ❑ Price Analysis/Cost Analysis. Describe reasons: Note: New solicitation of bids must be made is "Single Bid Price" appears unreasonable or if no determination is made as to the reasonableness of the Single Bid. Action Plan(provide description of next ste s ❑ Award contract Basis: ❑ Extended Deadline (modify solicitation): ❑ Reprocure: El New solicitation due to be completed: Name of Agency Representative Signature Date Transit Purchasing and Procurement Policy 54 "'mall A&E Professional Services Procurement Checklist Solicitation: Number of Solicitations Requested: Solicitation No.: Product/Service to be Procured: Bid or Proposal Due Date Number of Bids or Proposals Received: Project Manager: Grant No: A&E Professional Services: El Independent Cost Estimate (ICE) ❑ RFQ/Scope of Work ❑ Advertisement ❑ Submittals of Qualifications (SOQ) ❑ Evaluation/Selection Form (COB/TMB Form #5) ❑ Cost Analysis ❑ Documentation of Negotiated Profit/Fee ❑ System for Award Management (SAM) El Responsibility Determination Checklist (COB/TMB Form #1) ❑ City of Beaumont Council Agenda Item Approval Comments: Name of Agency Representative Signature Date Transit Purchasing and Procurement Policy 55 "'mall A&E Evaluation/Selection Criteria Solicitation: Project/Service to be Procured: 1) Capability to 1 10 Solicitation No: 2) Recent experience 14 3) Professional 10 background and caliber 4) Dollar amount 10 award in past year 5) Ability to meet 9 schedules & deadlines 6) Without cost 9 escalation and overruns 7) Quality of projects 15 8) Familiar with 6 geographic location 9) Capability of branch 6 office 10) Consideration 6 factors in accomplishing project 11) Affirmative Action 5 Additional Comments: Name of Agency Representative Signature Date Transit Purchasing and Procurement Policy 56 "'mall m:" w. BI"�YMB F`o uinia :4 Micro -Purchase: Fair and Reasonable Price Determination Form Micro -Purchase Fair and Reasonable Price Determination This form is required for any procurement less than $S, 000.00 Vendor: PO: Description of Good or Services: I hereby determine the price to be fair and reasonable based on the following: (Check all that apply) El Found reasonable on recent purchase ❑ Obtained from current price list ❑ Obtained from current catalog El Commercial market sales price from advertisement ❑ Similar in related industry ❑Personal knowledge of time procured ❑ Regulated rate (utility) ❑ Other: (specify) Attach copy of'purchase order, quotes, catalog page, price list, etc. Name: Vendor: Date: Transit Purchasing and Procurement Policy 57 COB[YMB F`onna :46 Independent Cost Estimate (ICE) Summary Form 9 ln.d-ependelit Cost Estii,�n.ale For�in P 1,a*� t Tftk: . ........................................................................................................................................................... :Method of.Proctwenjent [Selk-,ct One]: ........................................................................................................................................ iTypeof WoA [Sekct Chile]: -%,1cf o Pw c h a 5- E"', Rib I i,-, W? 0,117m, Elimill Nichase 10,,Givads and Materials E, Se-ale-d Bid iD, Rofessional Se.1-vioes R,eque,,Jfor RDFusal, (R.FF) :E:,. PachibecturaLEn SLnem,111IS 9, tivices, D, Request fulflQua, lift c:a tions(RFQ) N-an-,C = Pe d dve (561 A. Saw c e) E,, GIAL S�heduled Pichases ............................................................................................................................................................ ........................................................................................................................................ .......................................................................................................................................................................................................................................................................................................... Scop e oif Work [Pfev:e P7-ovlde W, JR77*19 bg P?.�fxwq?,d 1: .......................................................................................................................................................................................................................................................................................................... IN SO I ........................................................................................................................................................... Me.&Dd Utilized to Cakulatelstimate: . : ........................................................................................................................................ i :.ire Supp orti�ng Dr u ni el Attac lied? E:,,E,sd.nuttR! S Ofiva re ?ante:—S upport Documentatian is Required.] Prices"QuGtes P Y es d,Le,tjPt,easP.S, e j ............................................................. p• .......................................... .. ............................ NO ....................................................................................................................................... . ........................................................................................................................................................... ire ,Coqs, with in dw er� hold for procurentent m ethod ? ........................................................................................................................................ :,rare Colsts within, fltreshold!bi, work type? [7 YeS D, ye s ........................................................................................................................................................... ....................................................................................................................................... Total E stinja re, : mfortua dun is, true to the : best of mylaiowkkIdge. ............................................................................................................................................ ,love Pre pwe �,,s S igm tafe :Rfifasd 1,iwr,- ............................................................................................................................................................ Transit Purchasing and Procurement Policy 58 MENEM= C '; TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a Resolution authorizing the Transit Management of Beaumont to award a Tire Lease Contract to Bridgestone Americas Tire Operations, LLC for the BMT Zip transit -revenue fleet. BACKGROUND Transit Management of Beaumont (TMB) operates the BMT Zip transit system for the City of Beaumont, managing 10 fixed routes, 7 paratransit routes, and 14 buses during peak times. The revenue fleet consists of 22 vehicles. TMB is seeking bids from qualified vendors to lease tires for its fleet under a firm, fixed price for three years in the total amount of $56,491.18. The contract period will begin February 1, 2025, and terminate January 31, 2028. The procurement process performed complies with the Federal Transit Administration and procurement guidelines. The selected vendor will provide, inspect, maintain, and replace tires for TMB's fleet. All tires must be of current design, conform to the Tire and Rim Association of America and Federal Motor Vehicle Safety Standards, and meet the specifications outlined in this contract. Tires must also be approved by the bus manufacturer for each TMB bus model. FUNDING SOURCE The Federal Transit Administration (FTA). RECOMMENDATION Approve the Resolution. ATTACHMENTS - Bridgestone Contract —Final - Attachment A 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 award a tire lease contract between the Transit Management of Beaumont, and Bridgestone Americas Tire Operations, LLC, of Nashville, Tennessee for the BMT Zip transit revenue fleet, in the amount of $56,491.18 for three (3) years with the option to renew two (2) one (1) year extensions. The contract 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of January, - Mayor Roy West - TIRE LEASE AGREEMENT THIS TIRE LEASE AGREEMENT (this "Agreement") is made as of January 21, 2025, by and between BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, a Delaware limited liability company with its principal offices at 200 4t" Avenue South, Nashville, Tennessee 37201 ("Bridgestone"), and Transit Management of Beaumont, a government entity with its principal offices at 550 Milam Street Beaumont, TX 77701 ("Operator") and collectively as the "Parties". WITNESSETH: TIRES. Bridgestone agrees to lease to Operator and Operator agrees to lease from Bridgestone such number of tires as may be sufficient to keep all of Operator's vehicles fully equipped and to provide an adequate reserve supply; provided, however, that Operator shall have the right at any time during the term of this Agreement upon thirty (30) days prior written notice to Bridgestone, to equip up to five percent (5%) of its vehicle fleet with tires obtained from other suppliers for testing purposes. Bridgestone shall not be responsible for any manufacturer warranties related to any such tires from companies other than Bridgestone and its affiliates. The tires furnished shall be new, original tread radial ply, special transit mileage tubeless tires designed for urban transit service, currently produced and in use. The tires shall meet the specifications outlined in IFB 2024-003. All tires furnished must meet or exceed all Federal, State and local laws, ordinances, and regulations. Blemished tires will not be accepted by Operator. All furnished tires shall have the following inherent characteristics: • Be designed for urban/intercity transit bus applications; • Be capable of sustaining 55 mph for a one -hour minimum; • Have tough rubber compounds to resist heavy-duty commercial wear, chunking, cracking, and chipping; • Wear resistant tread patterns; • Extra thick tire sidewalls; • Have sidewall wear indicators; • Have reinforced shoulders and steel sidewalls; • Deep tread pattern to promote long tire life As used in this Agreement, "tires" shall mean a casing, tube, and flap for a tube type tire and a casing only for a tubeless tire, and "Operator's vehicles" shall, unless otherwise indicated, mean all revenue fleet that is owned or operated by Operator, its subsidiaries and affiliated companies at any time during the Term (as defined in Section 16 below) hereof. Tires will be delivered within thirty (30) days of written order. Bridgestone will be responsible for proper disposal of any tires leased by Operator hereunder. Notwithstanding anything else herein to the contrary, rims shall be the property of Operator and extra rims shall be provided by Operator. Bridgestone Tire Lease Agreement IFB# 2024-003 Page 1 2. RATE. Operator agrees to furnish Bridgestone a report consisting of the following information by the tenth (loth) day of each month during the Term hereof (the "Mileage Report"): vehicle number, the beginning and ending Hubodometer/Odometer reading and total miles operated the preceding month on all vehicles fitted with tires leased from Bridgestone hereunder. Bridgestone or its agents shall have the right at any reasonable time during business hours to audit Operator's records for the purpose of verifying actual vehicle mileage or other information contained in the Mileage Report. The amount of the regular monthly mileage payment shall be computed by using the applicable billing rate per tire mile in effect during such preceding month, as set forth below. All invoices shall be due and payable on the fifteenth (15th) of the following month; unless disputed. Disputed invoices shall not be deem due until the dispute is resolved. Operator agrees that no amounts shall be deducted from or charged back against payments otherwise due Bridgestone hereunder by virtue of claims of any nature which Operator may have or allege against Bridgestone. Bridgestone and Operator agree that any such claims shall be resolved by good faith negotiations between the Parties wherever possible. The billing rate per tire mile for other vehicles which may be acquired by the Operator shall be determined in line with the billing rate then in effect, taking into consideration the weight of vehicles, carrying capacities, sizes, and types of tires. Any additional billing rate for tires not included in this Agreement originally shall be added by written amendment as set forth in Section 17 below. The billing rate set forth below assumes Bridgestone's ability to procure and use such materials and manufacturing methods as were procured and used prior to the date of this Agreement and are based upon proven experience of mileage delivered thereunder. If laws, changes in vehicles, governmental regulations, or other causes beyond Bridgestone's reasonable control require any change in such materials, performance or methods which reduce the mileage available from the tires to be furnished hereunder or which increase Bridgestone's costs, Operator agrees that the billing rate shall be adjusted to compensate therefore. ANNUAL TIRE MILE RATE TIRE YEAR YEAR YEAR YEAR YEAR SIZE ONE TWO THREE FOUR FIVE 305/70R22.5 275 70R22.5 See Attachment "A" Bid Form IFB#2024-003 225/75R16 TAXES, CHARGES. Operator agrees to furnish state and federal tax exemption certificate numbers to Bridgestone for any sales, excise, use, processing, disposal, or similar tax or fees, including any state imposed new tire fee or tax, imposed upon the goods sold or services rendered hereunder. 4. SERVICE. Except to the extent specifically set forth in a separate service addendum attached to this Agreement, if any (a "Service Addendum"), Operator covenants and agrees to provide all necessary equipment and supplies and to assume complete responsibility for servicing all tires delivered hereunder, including but not limited to Bridgestone Tire Lease Agreement IFB# 2024-003 Page 2 driving vehicles to and from tire service location, making all wheel changes, keeping tires inflated to an air pressure recommended by Bridgestone, having air lines conveniently placed to properly take care of the airing of tires, keeping wheels in alignment and brakes properly adjusted, making all repairs on tires which may be necessary to keep them in proper running condition, mounting and demounting tires from rims and providing safe and suitable space inside its garage for the secure storage of tires and wheels, and repair and care of the tires and wheels without charge to Bridgestone. Operator further agrees to permit any authorized representative of Bridgestone to make such inspections and to inventory the tires and wheels on vehicles together with extra tires and wheels furnished Operator as spares as Bridgestone deems necessary or advisable. Operator shall at all times advise Bridgestone of the location of vehicles and extra tires and wheels to permit such inspections and inventories. In the event Bridgestone shall agree to perform services for Operator through execution of a Service Addendum, the nature, location, extent and charge for such services shall be as set forth in the Service Addendum. 5. LEASED VEHICLES. Operator represents and warrants that it outright owns all vehicles referenced in Section 1 hereof. If, during the Term hereof, Operator acquires the right to operate any vehicles not owned by it by entering into a rental or other form of agreement with the owner of such vehicles ("Leased Vehicles"), Operator agrees to the following: a) Notify Bridgestone of such an agreement; b) All Leased Vehicles will be furnished to Operator less tires so that such Leased Vehicles may be equipped with Bridgestone tires except to the extent that such Leased Vehicles are included under the five percent (5%) testing exclusion set forth in Section 1 hereof; and c) Obtain an acknowledgment of Bridgestone's ownership and right to possession of all tires supplied under this Agreement and a waiver of any and all rights to said tires from the owner(s) of the Leased Vehicles. Should Operator terminate the underlying agreement for or otherwise lose possession of any of the Leased Vehicles equipped with Bridgestone tires, Operator shall pay for each tire (including spares) as set forth in Section 10 below. 6. SALE OR DISPOSITION OF VEHICLE. Operator shall notify Bridgestone prior to any sale or disposition of any of Operator's vehicles equipped with Bridgestone's tires and, unless Bridgestone requests otherwise, Operator shall purchase the unused mileage in each tire and for any tires and extra tubes which remain in stock after such vehicles have been sold or disposed of which cannot be used on other vehicles in Operator's fleet. Bridgestone shall have the right to request the removal of all serviceable Bridgestone tires on parked or inactive vehicles if they remain parked or inactive for more than ninety (90) days and return such tires to Operator's reserve supply. Said tires shall then be replaced with No Value/Scrap Tires (as defined below) whose use shall be subject to the terms of this Section 6. Payment for the unused mileage and tubes acquired by Operator under this Section 6 shall be on the basis and within the time set forth in Section 10 Bridgestone Tire Lease Agreement IFB# 2024-003 Page 3 hereof. For purposes of this Agreement, a "Scrap Tire" means any non-retreadable tire furnished under this Agreement which has been determined by Bridgestone and agreed to by Operator's maintenance foreman to be permanently unfit for further service under this Agreement. Any No Value/Scrap Tire provided by Bridgestone hereunder will be for the exclusive purpose of transporting Obsolete vehicles or storing Operator's vehicles from garages to a storage facility. In consideration of Bridgestone's agreement to provide Scrap Tires hereunder, the Operator shall (i) use the Scrap Tires for the exclusive purpose of transporting and storing vehicles or moving obsolete vehicles from garages to a storage facility, (ii) acquire each Scrap Tire AS IS with no warranties from Bridgestone as to the condition or fitness of such Scrap Tire for continued use, (iii) assume all liability for use and possession of Scrap Tires, (iv) not file or assert against Bridgestone any claim, action, or cause of action for loss, liability, or damage arising out of the use of or possession of Scrap Tires and (v) indemnify and hold Bridgestone harmless against all claims of any Party for loss, liability, or damage resulting from Bridgestone furnishing Scrap Tires. Scrap Tires provided for storage purposes will be provided by Bridgestone at no cost. Tires to be scrapped are subject to inspection and approval by a Maintenance Foreman before disposition. 7. LOSS OF TIRES. Cost for "NORMAL DAMAGED" TIRES SHALL BE INCLUDED IN THE RATE per tire mile. "Normal damage" to a tire means for abuse by partial or total destruction of a tire by means other than normal wear (cuts and bruises), including but not limited to irregular wear, damage for brake heat, curbing, road hazards, and misalignment. The Operator agrees to maintain suspension and steering on Operator's vehicles in accordance with bus manufacturers' alignment specifications and to keep each vehicle's brakes properly adjusted. Tires which have been damaged beyond repair by an accident, malicious abuse, or fire, or which have been lost or stolen, shall be paid for by Operator as of the date of accident, loss, or theft on the basis, and within the time, set forth in Section 11 hereof. 8. CONTINGENCIES. In the event of fire, strikes, accidents, consequences of foreign or domestic wars, terrorism, or any cause beyond either Party's reasonable control which will delay or interfere with its performance of its obligations hereunder, such performance may, at the option of either Party, be suspended during the period required to remove such cause. In the event Bridgestone discontinues the manufacture and marketing of any size or type tire supplied pursuant to this Agreement, Bridgestone shall so notify Operator and, upon written notice by either Party to the other, this Agreement and all related agreements between the Parties shall be deemed terminated upon the same terms and conditions set forth in Section 10 below, effective ninety (90) days from receipt of such written notice. This Agreement is subject to all present or future governmental regulations affecting production, delivery, sale, use or possession of the products leased hereunder. Operator shall promptly notify Bridgestone of any accident or claims resulting from an alleged tire failure. Operator agrees to defend, save, and hold Bridgestone harmless from all claims or actions for damages to property or injury to persons, including death, arising out of the use or possession of tires or other products furnished hereunder or the performance of any service related thereto, except for claims or actions that result from defects in material or workmanship of any tire manufactured and furnished by Bridgestone under this Agreement and/or the negligent acts or Bridgestone Tire Lease Agreement IFB# 2024-003 Page 4 omissions of Bridgestone, its agents or employees. 9. DEFAULT. In the event Operator should fail to make any payment required hereunder when due, fail to use or service tires furnished hereunder in accordance with Bridgestone's recommendations, fail to provide a Mileage Report as required in Section 2 hereof, or otherwise fail to comply with any of the terms and conditions of this Agreement, or in the event any voluntary or involuntary proceedings shall be filed against or by Operator under any bankruptcy law or other law for the relief of debtors, or Operator's credit shall in any manner become impaired, Bridgestone shall have the right, at its option, without prejudice to any other rights and remedies, to stop shipping tires and to declare a default by Operator hereunder. Upon the occurrence of any such default, Bridgestone shall terminate this Agreement upon thirty (30) days' prior written notice to Operator and, upon any exercise of such right to terminate, Operator shall at the sole election of Bridgestone return Bridgestone's property furnished hereunder, or make payment therefore as of the date of termination on the basis and within the time set forth in Section 10 hereof. Upon the failure or refusal of the Operator to return said property, Bridgestone may enter upon the premises of Operator and repossess said property with or without process of law. Termination of this Agreement shall not relieve Operator from its obligations to make all payments required hereunder or from liability for damages for breach of this Agreement in accordance with the terms thereof. Without limiting any other provision hereof, Operator specifically agrees that it shall be responsible for and pay any and all attorney fees, court costs, and other expenses incurred by Bridgestone in collecting amounts owed by Operator hereunder or enforcing any other right under this Agreement. Failure of Bridgestone to terminate this Agreement as herein provided on any breach by Operator shall not operate as a waiver by Bridgestone of its right to terminate this Agreement as herein provided upon any subsequent breach by Operator. 10. TERMINATION; PAYMENT. Upon the termination or expiration of this Agreement, unless the Parties enter into a new tire lease agreement to become effective immediately, Operator will, within thirty (30) days after termination or expiration, pay for the unused mileage in each remaining tire on Operator's vehicles, in Operator's garage, in process of repair or retreading, in transit or in stock that have been assigned by Bridgestone to Operator's fleet in accordance with the provisions hereof. The remaining mileage for original tires shall be determined by multiplying the 32nds of tread rubber remaining on the tire by the cost per 32nd billing rate per tire as shown in the chart below. CONTRACT FIXED COST PER 32ND ($) - ORIGINAI TIRE SIZE YEAR ONE YEAR TWO YEAR THREE YEAR FOUR YEAR FIVE 305/70R22.5 $25.74 $26.53 $27.36 $28.18 $29.03 275/70R22.5 $22.29 $22.99 $23.70 $24.41 $25.14 225/75R16 1 1 $13.40 1 $13.81 1 $14.24 1 $14.67 1 $15.11 When a tire is not available for inspection to apply the above calculation(s) whether lost, stolen, or otherwise missing destroyed by fire, or involved in an accident, reimbursement shall not be in excess of fifty percent (50%) of the current value of a similar tire, unless Bridgestone can provide an auditable accounting of the tire's accurate Bridgestone Tire Lease Agreement IFB# 2024-003 Page 5 mileage just prior to the loss. Notwithstanding the foregoing, No later than thirty (30) calendar days prior to the end of the initial three-year Agreement or either option year, Operator will notify the Bridgestone of its intent to either exercise the option, to extend this Agreement, or to terminate the Agreement. At the Agreement expiration (either upon Operator's notification to the Bridgestone of its intent to terminate the Agreement at the end of either the third or fourth year, or at the end of the fifth and final option year), Operator shall be permitted to continue leasing the Bridgestone's tires for a period of thirty-six (36) calendar months following the end of the Agreement under a "Run -Out Clause," as specified below, or may, at its sole and exclusive option and in lieu of using the "Run -out Clause," purchase any mileage remaining at the expiration date of the Agreement in accordance with the "Determination of Remaining Tire Value" provisions above. The "Run -Out Clause" shall automatically be activated upon Agreement termination/expiration unless Operator notifies the Bridgestone in writing, via CERTIFIED MAIL at least thirty (30) calendar days prior to the termination/expiration date of the Agreement, of its intent to exercise its option to purchase remaining mileage rather than use the "Run -out Clause." 11. RUN -OUT CLAUSE The rental rates during the thirty-six (36) month period shall be the rates in effect during the twelve (12) calendar month period immediately preceding the expiration date of the Agreement. Operator shall continually use such tires, insofar as practicable, on its highest mileage runs until they are rendered permanently unfit for service. No additional tires, service, equipment, or supplies are to be furnished by the Bridgestone during such extension unless agreed to in writing by both Parties. Upon expiration of the thirty-six (36) month period of the "Run -out Clause," Operator shall pay for any mileage remaining thereon at the rental rates in effect immediately preceding the expiration date. The remaining mileage shall be prorated by determining the percentage of tread rubber remaining multiplied by the base mileage average times the applicable current billing rate per tire mile. Any payment for tires and tubes required to be purchased by Operator under this paragraph shall be made in accordance with the billing and payment provisions of this IFB and the resulting Agreement. Any tires so purchased by Operator will be acquired "as is" and the Bridgestone makes no warranties as to the condition or fitness for continued use of such tires 12. TITLE. The title to, and ownership of, all tires, and equipment, if any, furnished under this Agreement shall remain with Bridgestone until Operator, if required to do so hereunder, has made complete payment therefore. Operator agrees to assume the responsibility for the safekeeping of all such tires and any equipment and to reimburse Bridgestone for any loss resulting from Operator's failure to safely keep such tires and any equipment. 13. SECURITY INTEREST. For the purpose of securing payment of all sums that maybe owed by Operator to Bridgestone, including, but not limited to, payment for mileage run and for any tires required to be purchased by Operator hereunder, Operator hereby grants to Bridgestone a security interest in and to any tires or equipment furnished by Bridgestone Tire Lease Agreement IFB# 2024-003 Page 6 Bridgestone in which Operator, by virtue of present or future laws or the operation of this Agreement, has or is deemed to have an interest, wherever the same may be, and in any proceeds from the sale or other disposition of said tires or equipment. Operator further agrees to join in the execution, execute, or cause to be executed at any time such financing statements, continuation statements, and other documents as Bridgestone shall deem necessary or advisable to protect its rights in and to any goods leased hereunder and/or perfect or continue perfected the security interest given in this Agreement. 14. ASSIGNMENT. Neither Party shall sell, transfer, sublease, or assign any of its rights or interest under this Agreement, in whole or in part, to any other person, corporation, partnership, or authority, without the prior written consent of the other Party, which consent shall not be unreasonably withheld. In the event of any such sale, transfer, sublease, or assignment with Bridgestone's consent, Operator shall remain fully bound by the terms hereof, including but not limited to the prompt payment for all mileages run, unless and until Operator is relieved of such obligations in writing by Bridgestone. 15. LIABILITY LIMITATION. In no event shall Operator be entitled to recover from Bridgestone any indirect, speculative, or incidental damages arising hereunder, except that nothing herein shall limit or otherwise restrict the right of Operator to seek recovery (a) either directly or by way of contribution or indemnity, for damages actually or allegedly sustained by third parties which arise, or are claimed to arise, from the negligence, willful acts and/or strict liability of Bridgestone or (b) for direct damage to Operator's property. 16. TERM OF AGREEMENT. The term of this Agreement shall be from January 21, 2025, through January 31, 2028, with (two) one-year optional renewal terms to be exercised no less than sixty (60) days prior to the expiration date (collectively, the "Term"). Upon expiration of this Agreement, unless the Parties enter into a new mileage agreement to become immediately effective, the rights and obligations of the Parties hereto shall be set forth in Section 10. 17. ENTIRE AGREEMENT; AMENDMENT; GOVERNING LAW; COUNTERPARTS. This Agreement, together with any Service Addendum (if applicable) and any amendments hereto, contains the entire understanding of the Parties hereto with respect to the subject matter hereof and there are no other agreements, understandings, representations, or warranties, whether express, implied, statutory or otherwise, other than as set forth herein. This Agreement cannot be amended except in writing signed by officers of both Parties. This Agreement shall be governed, construed, and interpreted in all respects in accordance with the laws of the State of Texas. Venue for disputes arising from this Agreement shall be deem proper in a court of competent jurisdiction in Beaumont, Jefferson County, Texas. This Agreement may be executed in multiple counterparts, each of which shall be deemed a duplicate original. Any conflicts in language between this contract and IFB 2024-003, The IFB 2024-003 language holds precedence. [Signatures appear on following page.] Bridgestone Tire Lease Agreement IFB# 2024-003 Page 7 Bridgestone Tire Lease Agreement IFB# 2024-003 Page 8 IN WITNESS WHEREOF, the said Parties, by the hand of their respective officers authorized to do so, have signed this Agreement in duplicate the day and year first above written. Bridgestone Americas Tire Operations, LLC Name: CJ Messmer Title: Director — Customer Operations & Aftersales Care WITNESS: DATE: Operator -Transit Management of Beaumont Name: Claudia San Miguel Title: General Manager of TMB WITNESS: DATE: Bridgestone Tire Lease Agreement IFB# 2024-003 Page 9 /v' „ / /%21 /iii,Gv W ,, ATTACHMENT A - Bid Form This form must be returned with your response. The undersigned hereby agrees to furnish the services / parts as listed below in accordance with the specifications on file with the Transit Management of Beaumont, 550 Milam Street, Beaumont, TX, 77701, which have been carefully examined and attached hereto. All charges must be included on the Price Bid Form and must include all associated costs for the services. PRICE BID FORM (YEAR 1 to YEAR 3) - FIXED PRICE PER MILE YEAR MAKE NUMBER OF BUSES TIRE SIZE LOAD RANGE PLY RATING TIRES PER VEHICLE AVG ANNUAL MILEAGE PER YEAR FIXED PRICE PER MILE ESTIMATED FIXED ANNUAL LEASE COST 2022 GILLIG 8 275/70R22.5 J 18 6 58,000 0.01 1085 $0.0000$30 860.64 2016 ENC 3 305/70R22 5 L 20 6 47,000 0.009059 $0.0000 $7,663.91 2008 NABI 3 305/701122.5 L 20 6 30,000 0.009059 $0.0000 $4 891.86 2022 STARCRAFT 8 225/75/1116 E 10 6 25,000 0.009042 $0.0000$10 850.40 2019 FORD 2 225/75/1116 E 10 6 4,000 0.009042 $0.0000 $434.02 2024 GLAVAL*** 1 225/75/1116 E 10 6 33,000 0.009042 $0.0000 $1,790.35 TOTAL PRICE PER YEAR FOR YEAR 1 to YEAR 3: $56,491.18 $0.0000 PRICE BID FORM - 12 MONTH OPTION 1- YEAR 4 - FIXED PRICE PER MILE YEAR MAKE NUMBER OF BUSES TIRE SIZE LOAD RANGE PLY RATING TIRES PER VEHICLE AVG ANNUAL MILEAGE PER YEAR FIXED PRICE PER MILE ESTIMATED FIXED ANNUAL LEASE COST 2022 GILLIG 8 275/7011225 3 18 6 58,000 0.011529 $0.0000 32 096.74 2016 ENC 3 305/701122.5 L 20 6 47,000 0.009798 $0.0000 $8,289.11 2008 NABI 3 305/7011225 L 20 6 30,000 0.009798 $0.0000 $5,290.92 2022 STARCRAFT 8 225/75/1116 E 10 6 25,000 0.009780 $0.0000$11,736.00 2019 FORD 2 225/75/1116 E 10 6 4,000 0.009780 $0.0000 $469.44 2024 GLAVAL*** 1 225/75/1116 E 10 6 33,000 0.009780 $0.0000 $1,936.44 TOTAL PRICE FOR YEAR 4: $559818.65 SO.0000 PRICE BID FORM - 12 MONTH OPTION 2 - YEAR 5 - FIXED PRICE PER MILE YEAR MAKE NUMBER OF BUSES TIRE SIZE LOAD RANGE PLY RATING TIRES PER VEHICLE AVG ANNUAL MILEAGE PER YEAR FIXED PRICE PER MILE ESTIMATED FIXED ANNUAL LEASE COST 2022 GILLIG 8 275/70R22.5 J 18 6 58,000 0.011990 $0.0000$33,380.16 2016 ENC 3 305/70R22.5 L 20 6 47,000 0.010190 $0.0000 $8,620.74 2008 NABI 3 305/70R22.5 L 1 20 1 6 1 30,000 0.010190 $0.0000 $5,502.69 2022 STARCRAFT 8 225/75/1116 E 10 6 25,000 0.010171 $0.0000$12 205.20 2019 FORD 2 225/75/1116 E 10 6 4,000 0.010171 $0.0000 $488.21 2024 GLAVAL*** 1 225/75/1116 E 10 6 33,000 0.010171 $0.0000 $2 013.86 TOTAL PRICE FOR YEAR 5: $62,210.86 SO.0000 ***Glaval unit has not been placed on the street, mileage is estimated at the high end for the purposes of this bid. TOTAL PRICE FOR YEAR 1 to YEAR 3: $56 491 .18 $0.0000 TOTAL PRICE FOR YEAR 4: $59,818.65 $0.0000 TOTAL PRICE FOR YEAR 5: $62,210.86 $0.0000 TOTAL PRICE ALL FIVE (1 - 5) YEARS: $178,520.69 $0.0000 Authorized Signatory IWl` ��~°, CJ Messmer Director f Signature, Printed Name Customer Operations and Aftersales Care 12/5/24 Title Date IFB 2024-003Tire Lease 17 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenny Smith, Director of Facilities Maintenance MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a resolution approving award of a contract for the masonry repointing and repair of the Jefferson Theatre West wall. BACKGROUND The Jefferson Theatre facility has experienced multiple leaks during heavy rain and storm events. The City completed the tuckpointing on the Jefferson theatre south wall in 2020, east wall in 2021, and the north wall in 2022. The Jefferson Theatre is featured on the National Register of Historic Places and recognized as a Recorded Texas Historic Landmark. Typical buildings built during this time lack air gaps, weeps and vents which are common practices today. Without these features, moisture can continue to migrate through the masonry all the way to interior finishes. Masonry tuckpointing is done to repair and replace deteriorated mortar joints between bricks, essentially restoring the structural integrity of a brick wall by preventing water damage and maintaining the overall strength of the masonry by addressing cracked or missing mortar, which can lead to further structural issues if left unattended; it's considered a vital maintenance. There has been water penetration on each of the walls in the past, including the west wall. Tuck pointing the west wall will be the final wall and this facility will be complete. Formal bids were requested from twenty-two (22) vendors to perform the work, and four responses were received. Innate Services, LLC of Hockley, Tx., responded with a low qualified bid of $138,500 and ninety (90) calendar days to complete the work. Staff recommends award of the contract. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS No Text RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City solicited bids for the masonry repointing and repair of the Jefferson Theatre west wall; and, WHEREAS, four (4) bids were received for furnishing all labor, materials, and equipment for the project; and, WHEREAS, Innate Services, LLC, of Hockley, Texas, submitted a bid for an amount of $138,500.00, as shown in Exhibit "A," attached hereto; and, WHEREAS, ninety (90) calendar days are needed to complete the work; and, WHEREAS, City Council is of the opinion that the bid submitted by Innate Services, LLC, of Hockley, Texas is the lowest 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 Innate Services, LLC, of Hockley, Texas in the amount of $138,500.00, as shown in Exhibit "A," 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 Innate Services, LLC, of Hockley, 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of January, - Mayor Roy West - -1 \ ) { § ƒ % ƒ 2 a 4- 0 y / } o » q o » E / / / m ' o \ \ 2 £ s = 00 u \ \ / / f / a_ a/ } -0 /to \ \ \ / ^ m / > \ \ -0) o \ e f 2 24-1 6 \ 0 - q 2 0 \ \ G t r-4 o C14 0 2rj 0 \ \ / 0 % 3 / e k _ $ � � e :e x }x h E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Duncan Brown, Assistant Chief Financial Officer MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a resolution approving a five-year lease purchase agreement with KS State Bank located in Manhattan, Kansas related to the purchase of a fire truck. BACKGROUND On October 18, 2022, Council approved the purchase of a Pierce Enforcer Fire Pumper Truck in the amount of $808,958.00. Bids were requested for a fixed interest rate finance agreement to reimburse the City for the purchase of the truck with the first payment in arrears following the date of purchase of the truck, which was on September 16, 2024. Bids were solicited for a fixed interest rate lease purchase finance agreement from 142 vendors, and two responses were received. The Bid Tabulation is attached. The Administration is recommending an agreement with KS State Bank as Best Value for the City, with an interest rate of 5.710%. The total lease purchase cost, including interest of $143,697.60, is $952,655.60. While Bank Funding, LLC had the lower rate of 4.51%, they would not hold that rate past December 27, 2024. Also, they did not demonstrate sufficient company information regarding their ability to loan the amount requested. Therefore, the staff is recommending KS State Bank be awarded the lease purchase agreement. FUNDING SOURCE Capital Reserve Fund — Funds will be budgeted in FY 2026 - FY 2030 RECOMMENDATION Approval of the resolution. ATTACHMENTS LeasePurchaseAgreement2025 No Text RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 2, 2021, by Resolution 21-293, City Council approved the purchase of one (1) Pierce Enforcer Fire Pumper Truck in the amount of $808,958.00; and, WHEREAS, bids were requested for a fixed interest rate finance agreement to reimburse the City for the purchase of the truck, which was paid on October 3, 2024; and, WHEREAS, KS State Bank, of Manhattan, Kansas, submitted a bid at a fixed interest rate of 5.710%; and, WHEREAS, the total lease purchase cost including interest is $952,655.60; and, WHEREAS, the City Council is of the opinion that the bid submitted by KS State Bank, of Manhattan, Kansas, is in the best interest of the City of Beaumont and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CIOUNCIL 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 KS State Bank, of Manhattan, Kansas, for a five (5) year lease purchase agreement at a fixed rate of 5.710% and a total lease purchase cost of $952,655.60, as shown on Exhibit "A," attached hereto, for the fixed rate lease purchase agreement, be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a five (5) year lease agreement with KS State Bank, of Manhattan, Kansas, sustainably on the form attached hereto as Exhibit "B," 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of January, - Mayor Roy West - City of Beaumont Bid Tab Bid Number: TF1125-01 Bid Name: Fixed Interest Rate Lease Purchase Financing Agreement - Pierce Enforcer Pumper Bid Open Date: December 19, 2024 KS State bank Manhattan, KS. * Bank Funding, LLC Boyds, MD Fixed Interest Rate Term Four(4)Year 5.71% 4.51% Five (5) Year 5.71% 4.51% * Vendor did not demonstrate sufficient company information. F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Duncan Brown, Assistant Chief Financial Officer MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing. BACKGROUND The FY 2023 budget included the order of a new fire truck and was approved by Council on October 18, 2022, in the amount of $808,958.00. Due to the long lead time of fire trucks, the financing was included in the FY 2024 budget. The truck has been received and put in service. The truck is now being financed over a period not to exceed 5 years. A reimbursement resolution is warranted in order to allow the City to reimburse itself out of the proceeds of the financing for the truck since payment was required prior to the lease purchase being secured. FUNDING SOURCE The debt proceeds related to this financing will be budgeted in the Capital Reserve Fund in the FY 2026-2030 budgets. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the FY 2023 Budget included the order of a new fire truck; and, WHEREAS, Resolution 21-293 was approved by City Council on October 18, 2022, in the amount of $808,958.00 allowed for the purchase of a new fire truck; and, WHEREAS, due to the long lead time of fire trucks, the financing was included in the FY 2024 Budget; and, WHREAS, the truck has been received and put into service; and, WHEREAS, the truck is now being financed over a period not to exceed five (5) years; 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 allow the City to reimburse itself out of the proceeds of the financing for the fire truck, since payment was required prior to the lease purchase being secured. 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of January, - Mayor Roy West - 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: June Ellis, Assistant City Manager, Operations MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a resolution allowing the City Manager to enter an agreement with GAP Strategies for Bond Facilitation Services. BACKGROUND The City of Beaumont requested proposals from qualified finns to provide pre -bond facilitation and processing services for a possible Municipal General Obligation Bond Election slated for November 4, 2025. Two hundred thirty-four (234) invitations were sent via email as well as advertising on the City web page and in the local newspaper. One (1) proposal was submitted. A committee of three (3) reviewed the submission. Staff recommends entering an agreement with GAP Strategies in the amount of $152,977.00 to analyze potential projects for a future bond election as identified by the City Council and a Citizen Bond Advisory Committee, as well as provide additional services such as assist with project cost estimation, development of timelines and phasing for project construction, development of meeting schedules, format, and content for efficient facilitation of the Bond Advisory Committee, provide guidance for public input and engagement for project stakeholders, assist the Bond Advisory Committee in ranking and prioritizing projects for recommendation to City Council, work with the City's Financial Advisor and Bond Counsel to analyze the potential tax rate impacts of a bond election, advise the City on marketing duties and strategies, assist City staff with ways to keep citizens updated and engaged on the bond election and progress of the Bond Advisory Committee, work with the City's Bond Counsel on drafting the proposition ballot language, and provide other services related to the bond election. A budget amendment request will be submitted for the February 4th Council meeting to budget for the cost of these services. These are allowable costs to be reimbursed to the City from the bond proceeds. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS Scoring Detail - Bond Services 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 enter into an agreement between GAP Strategies of Buda, Texas and the City of Beaumont in the amount of $152,977.00 for Bond Facilitation Services. 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of January, - Mayor Roy West - IN IN III 2 1, Zo, 1 % i r TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Interim Director of Public Works MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 10, accept maintenance, and authorize final payment to King Solution Services, LLC, of Houston, Texas for the City Wide Pipe Bursting Contract — Phase I. BACKGROUND On June 14, 2022, by Resolution No. 22-153, City Council awarded a contract to King Solution Services, Inc., of Houston, in the amount of $3,670,700.00, for the City Wide Pipe Bursting Contract— Phase I Project. Previous Change Order Nos. 1-9 in the amount of $600,575.00 are attached for your review. Proposed Change Order No. 10, in the amount of ($573,233.80), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project and to add an additional two (2) calendar days to reflect the actual time used in the completion of the project. If approved, the final contract amount will be $3,698,041.20. The project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 10, maintenance, and final payment in the amount of $400,567.45 is recommended. FUNDING SOURCE American Rescue Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda Attachment - City Wide Pipe Bursting Phase I - CO 10 Acceptance No Text RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 14, 2022, by Resolution 22-153, City Council awarded a contract to King Solution Services, LLC, of Houston, Texas, in the amount of $3,670,700.00, for the City - Wide Pipe Bursting Contract- Phase I, and, WHEREAS, previous Change Order Nos. 1-9, in the amount of $600,575.00, increased the contract amount to $4,271,275.00; and, WHEREAS, proposed Change Order No. 10, in the amount of ($573,233.80) is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, and to add an additional two (2) calendar days to reflect actual time used in the completion of the project. If approved, Change Order No. 10, will result in a final contract amount of $3,698,041.20; and, WHEREAS, the project has been inspected by the Water Utilities Staff and found to be complete in accordance with the provisions and terms set out 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 City Manager be and he is hereby authorized to execute Change Order No. 10 in the amount of ($573,233.80), accept maintenance, and make final payment to King Solution Services, LLC, of Houston, Texas, in the amount of $400,567.45 for the City -Wide Pipe Bursting Contract- Phase I; and, THAT two (2) additional calendar days are added to the contract. 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of January, - Mayor Roy West - Proje'ctmates 0II YOFBEALPMCM r,RROSEC rMAPE&COM Change Order #001.010 WU 1022--02 C'01II"YIII I)I:.:E IIF'IIF'I:.:E i1:3uiRs rilug G COIN IIFIRAC; r F11 I SIII;;;; IIII, 1350 aingliaimi IIIIM, 1:13emlli Texas "7"77'0"7'1.Jiii,iiil'ted States Friday, Jain 03, 2025 Change Order Details Grand Total: ($573,233.80) [Desciription C0#00 1 OM: Final CO Divisbin 33 .. LAIlifles Scope of Work Pipposed Chainge Order INo 10 is required to adjust fli esbirnated quaintifies llin the cor-Airact to reflect the actu16i quaintifies used llin tho coil'Tqi of tli pirojectiand to add an ad6fioin6i 2 c61eindair days to naflect the, aichjal flime used ilin t1he coirriqi of the projecil Awairded to Allain INegirete (Kiing Solution 113eirvices L.I.-C), 27738 Cireated IBy Ii Young (City of IBeaUlIT101nit) Create �Date Dec 17, 2024 10: 09 AMI C"'."' )'IF lReascYn Code OUlaintity AcIjustiment Days Chainged 2 I.Jine IIiteim 11"pe Unit Ipirlkx.,r Giii 4.0 IEqL�lll[iryieic)t/C�loa.neOLt I Capital IPlainining Capital IPiroject IFiscal Ye a ir MEM=0 Dec 17, 2024 Coii ustirucfioin .. (.,IFIFY VVHD11 : IRHPE.': E. LYRS'lPHNG .. IRl MSE.,. III 202,1'.5 leim Iliad 646 1:10 Numbeir 451214 OM= (Driginal (".ointiract. Sk.,um 670,700 00 �Net Cosit Iby IPireviouuus AIIppiroved �: Ihainge Order 600,575 00 Contract Suirri IBefoire IlIts C�Ihainge Order 4,271,271-3 00 Coin braact Su irii Chainged IBy 11"his C[iainge Order -.573,233 f.- 1, 0 New Cointiract, StAim 3,698,041 20 Sit,,flbstainfial Completion E)ate N/A �Net 1"ime Chainge E3y IPireVIOLIS Ghaunt. e Order 207 day(s) Substantial Coirriplefloin Befoire ll"Nis Chainge, N/A Order I lime Chainged �By I his CIIhainge Oirdeir 2 d a y (,c.;) �New SUbstaintial Coirripleflon IDate All Ctiange Orders of the Original Contract. �N/A 0.7448497561772958836189282'700% Item Account WBS/ Description Quantity UOM Unit Total # Code Section Price Amount 3 0 Coins'h uadoin 002 (3c 361 Fulk II..Depth IRepaniilr of -10MO SY 4500 4,500M Contract Sde Walk (511) 003 (3 C 361 1::ulk IDopth IRepaanuu of -250M SY 4500 -11,250M Contract Diiiveway (6") 004 GC 361 1::ulk Depth IRepaulilrof 13728 SY 125DO 17,160DO Contract Concirete IPaveirneint 005 GC 351 Contract 006 G(.' , 402 Contract 007 GC 502 Cointiract 008 (3C 2821 Contract Plexible 1:1aveirneint -458.88 SY 60 00 -27,532.80 Structure IRepan it (4") 17rc,,inc,1h Excavation -228.00 L. IF 1 00 -228.00 I 11,C) te, C t1i 0 In Bairidicades, Sgins, .,6,00 EACI 200DO -1,200DO aInds rnafcc, II tainddhing Chap in Ilink and -2,030DO LF 200 -4,060DO Wooden Feinces, and Gates, Wth If1lyoject Mainagers Appiroval 'If'otal -.573,233 80 Item Account WBS/ # Code Section 009 GC 2558 Contract 010 flag Contract Oil GC Contract 012 GC Cointirwt 013 GC., Contract 014 GC Contract am RM 708 I= Description Quantity UOM Unit Total Price Amount (11E,an and redeAse -4,06600 LF 500 -20,33(WO Seweii hl Sizes and Depths, As Directed �by the Owneirs Obstruction IRa iinovaI 29M EACt: l II 250M -7,250M �by Excavation, A11 Szes, Nk Dcs,pflhs, Nth Fliroject Maim.-igeii's Appirovdi Reconnect SeirVice -221 00 EAU I 650M 143,650M Connedon by Excavatbn Ilirna.Ilu. ding Oeanouts to I.Jineir, CoimpIete, A(1 Szes and , Fuirinlish and Ilinuptaallll 6.00 E::AC11 II 1,050.00 -6,300.00 E::ind-of-1L1hne Gleanout lby E::xcavation Rnairnove and IRejpllaace ZOO EA IL II 5,0001M 10,C)MOO c-)ir hnstall Ihtew Std, Fbeirghss Il aanlhnapllaa, es s than 5'Delpith (Wth AUJdints &,,, Reirnove, aind RqpIace 3ZOO E.:ACI 5,600M -1 79,200M oir Ilinstaallll INew Std, F:fiber gIass IMaannhdle, Fto 8'Depth (Wth AHJdints & C oin... -Ibta 1 -.573,233 80 Item Account WBS/ Description Quantity UOM Unit Total # Code Section Price Amount 015 GC 3,301 IReIYrnaava,, and IRualplace 9A3tt EAU I 7,000M 63,000M Contract or Illrnstall Ike w Std, Pre -Cast Concrete 016 GC Cointira(;t 017 (.,1 C Contract 018 GC Cointir&A 019 G C ("3ointiract 020 (3C Contract 021 GC Contract Maintmle, Less than 5' Depth, (With All ... 3301 Rernow,, and Replace 13 00 oir hnr�tall INew Std, F"ir( Cast Coinc.x(.,te Mainhole, Fto 8' Depth (Wth Al Jdints 708, 3301 Extra Il epth for Ike w 2MOO oir Replacement Std, Mainhole, Over 8' Depth (IFlire.-Cast Concrete oir Fbeirglass) 2,555 Abandon Mainhole 4.00 EAC�hlI 7,200M 93,600M VF 10MO -20,00MO E::AC11 1 1,500.00 -6,000.00 4020 F�ljpe IF3u.arantlirntt 6"-81' -7,569M LF Seweir to 8,625" OD, All II Delpths 4020 BuillsHing 10" 254 0 LF Seweii to 1 O75" OD, Alk Depths 4020 Rpe IBuirsding 12" -54M LF Sewer to 1Z 75" OE), Alk Depths 3500 -264,915M 4500 11,430M 4000 -2,180M otM .573,233 80 Item Account WBS/ Description Quantity UOM Unit Total # Code Section Price Amount 022 GC 4020 Rpe Buirsding 1,15" .,69,00 LF 67 00 -4,62100 Contract Seweii to 16,0" OD, Al II Depths 023 GC 600 Rernove aind replace .1,94 7M LF 1500 -29,20MO Contract exlstiing Sainlry Seweii vb (.)pein�taiiCut, Additional to 1::Ipe Buirsfing Cost, 5'to 024 (3c (500 Reirnove and rqpAace 2,00M0 LF 1800 -36,00MO Contract ekSHIFng Sainitairy Seweir vb Open Cut, Additbinal to F�lpe Buirsting Cost, 10' t -Ibtal -.573,233 80 User I Role Status Comments Allain lNegirete (I xi: Approved �"sec, 23, 202412:03 1:11M Kevn Yokxrng (Project IManageir) Approved E)ec 24, 2024, 09�:05 AM CSIF Aii'nalha "Molly" Villarreal Approved Jan 03, 2025 11 :22 AM CS'll" User I Role Status Comments �Daira VV(,)(,)dll Uff (Adim�in) Approved Jaii,i 03, 2025 11 �:40 ANA (-',S F . ... ... . . .... . ... ... ... .. . .. ... ... . 214 217 4100 jeCtIlTiat.es coing . ..................................................... 2025 Pirojechnates / Systeimiates, linc, 2435 IN Central E:Xlpy Richardson, � X 75080 Contract - 001.009 08-Mar-2024 04:05 PM CST 001.009: CO#001.009: CO #9 CITY WIDE PIPE BURSTING CONTRACT - PHASE 1 1350 Langham Rd Beaumont, Texas 77707 Project Number: WU1022-02 Grand Total: $9,300.00 For 001 WU1022-02 City Wide Pipe Bursting Contract- Phase I Division 33 Line Item Unit price Type Group 3.0 Construction Scope of Change Order No. 9 is requested to add two (2) additional bid items to the contract. Item #26 is requested for the rehabilitation of 2 Work existing manholes that are too close to utility poles to safely remove and replace. Item #27 is requested for additional backfill of an underground cavity found underneath a carport at Longfellow Apartments caused by a deteriorated sanitary sewer line. Notes Awarded To King Solution Services LLC Allan Negrete 27738 Reason Owner Requested Code Days 10 Changed Attachments Manhole Rehab Proposal.pdf SewperCoat Submittal Package 1-23.pdf 430-431 Proposal.pdf Change Order Summary Original Contract Sum Net Cost by Previous Approved COs Contract Sum Before This CO Contract Sum Changed By This CO New Contract Sum All Change Orders make up 16.36% of the Original Contract 3,670,700.00 Substantial Completion Date 591,275.00 Net Time Change By Previous COs 4,261,975.00 Substantial Completion before This CO 9,300.00 Time Changed By This CO 4,271,275.00 New Substantial Completion Date 197 days 10 days Accounting and Status Accounting Status Item Id PO Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Line Items Item Account WBS/ # Code Section Description 3.0 Construction 518 441214 FEMA Number Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Unit Total Quantity UoM Price Amount 026 GC Contract 00000 Manhole wall liner, 1-inch corrosion resistant wall liner, complete in 20.00 VF 325.00 6,500.00 place 027 GC Contract 00000 Install extra cement stabilized sand backfill and fence removal, 1.00 LS 2,800.00 2,800.00 complete in place Total Approval Approved Name or Role Status 1 External -GC Approved Allan Negrete 06-Mar-2024 08:58 AM CST 2 Project Manager Approved Kevin Young 06-Mar-2024 09:02 AM CST 3 City Engineer Approved Amalia "Molly" Villarreal 08-Mar-2024 08:46 AM CST 4 Director Approved Bart Bartkowiak 08-Mar-2024 08:50 AM CST 5 Admin Approved Dara Woodruff 08-Mar-2024 09:25 AM CST 6 Assistant City Manager Approved June Ellis 08-Mar-2024 03:30 PM CST 7 City Clerk Approved Tina Broussard 08-Mar-2024 04:04 PM CST 9,300.00 Grand Total: 9,300.00 Due: 15-Mar-2024 Actions Created by: Kevin Young on 06-Mar-2024 Last Modified by: Tina Broussard on 08-Mar-2024 Contract # 001.008 05-Mar-2024 06:56 AM CST 001.008: CO # 8: Map 15 Addition CITY WIDE PIPE BURSTING CONTRACT - PHASE 1 1350 Langham Rd Beaumont, Texas 77707 Project Number: WU1022-02 Grand Total: $8,525.00 For 001 WU1022-02 City Wide Pipe Bursting Contract- Phase I Division 33 Line Item Unit price Type Group 3.0 Construction Scope of Change Order No. 8 is requested to add Map 15 to the plan set. Map 15 adds an additional 65 LF of pipe bursting to replace a collapsed Work sanitary sewer line and replace a manhole on Longfellow Dr. An additional 7 days are requested to complete the work. Notes Awarded To King Solution Services LLC Allan Negrete 27738 Reason Owner Requested Code Days 7 Changed Attachments CO 8 Plan Sheet (Executed).pdf Change Order Summary Original Contract Sum Net Cost by Previous Approved COs Contract Sum Before This CO Contract Sum Changed By This CO New Contract Sum All Change Orders make up 16.11% of the Original Contract Accounting and Status Accounting Status 3,670,700.00 Substantial Completion Date 582,750.00 Net Time Change By Previous Cos 190 days 4,253,450.00 Substantial Completion before This CO 8,525.00 Time Changed By This CO 7 days 4,261,975.00 New Substantial Completion Date Item Id 517 PO Number 441214 Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Line Items Item Account WBS/ # Code Section Description 3.0 Construction FEMA Number Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 014 GC Contract 708 Remove and Replace or Install New Std. Fiberglass Manhole, 5' to 8' Depth (With All Joints & Connect 020 GC Contract 4020 Pipe Bursting 10" Sewer to 10.75" OD, All Depths Total Approval Approved Name or Role Status 1 External -GC Approved Allan Negrete 29-Feb-2024 11:24 AM CST 2 Project Manager Approved Kevin Young 29-Feb-2024 11:34 AM CST 3 City Engineer Approved Amalia "Molly" Villarreal 29-Feb-2024 10:17 PM CST 4 Director Approved Bart Bartkowiak 04-Mar-2024 02:36 PM CST 5 Admin Approved Dara Woodruff 04-Mar-2024 02:43 PM CST 6 Assistant City Manager Approved June Ellis 04-Mar-2024 03:26 PM CST 7 City Clerk Approved Tina Broussard 04-Mar-2024 03:27 PM CST Unit Total Quantity UoM Price Amount 1.00 EACH 5,600.00 5,600.00 65.00 LF 45.00 2,925.00 8,525.00 Grand Total: 8,525.00 Due: 11-Mar-2024 Actions Created by: Kevin Young on 28-Feb-2024 Last Modified by: Tina Broussard on 04-Mar-2024 Contract - 001.007 19-Dec-2023 08:05 AM CST 001.007: CO # 7: Contract Time Extension CITY WIDE PIPE BURSTING CONTRACT - PHASE 1 1350 Langham Rd Beaumont, Texas 77707 Project Number: WU1022-02 Grand Total: $0.00 For 001 WU1022-02 City Wide Pipe Bursting Contract- Phase I Division 33 Line Item Unit price Type Group 3.0 Construction Scope of Change Order No. 7 is requested to add an additional 90 calendar days to the contract time. The additional days requested are due to Work supply chain disruptions in fiberglass manholes and the additions of 4th St. and 21 st St. which were not part of the original scope of work and affected the original work schedule received from the Contractor. Notes Awarded To King Solution Services LLC Allan Negrete 27738 Reason Time Extension Code Days 90 Changed Attachments Request for Time Extension.pdf Change Order Summary Original Contract Sum Net Cost by Previous Approved COs Contract Sum Before This CO Contract Sum Changed By This CO New Contract Sum All Change Orders make up 15.88% of the Original Contract Accounting and Status 3,670,700.00 Substantial Completion Date 582,750.00 Net Time Change By Previous Cos 4,253,450.00 Substantial Completion before This CO 0.00 Time Changed By This CO 4,253,450.00 New Substantial Completion Date 100 days 90 days Accounting Status Item Id 491 PO Number 441214 FEMA Number Accounting Project Code Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item # Account Code WBSI Section Description Quantity UoM Approval Approved Name or Role Status 1 External -GC Approved Allan Negrete 14-Dec-2023 12:19 PM CST 2 Project Manager Approved Kevin Young 14-Dec-2023 01:19 PM CST 3 City Engineer Approved Amalia "Molly" Villarreal 14-Dec-2023 01:53 PM CST 4 Director Approved Bart Bartkowiak 14-Dec-2023 02:56 PM CST 5 Admin Approved Dara Woodruff 14-Dec-2023 02:58 PM CST 6 Assistant City Manager Approved June Ellis 15-Dec-2023 10:33 AM CST 7 City Clerk Approved Tina Broussard 15-Dec-2023 10:34 AM CST Created by: Kevin Young on 13-Dec-2023 Last Modified by: Tina Broussard on 15-Dec-2023 Unit Price Total Amount Due: 22-Dec-2023 Actions Contract # 001.006 17-Aug-2023 09:04 AM CST CITY WIDE PIPE BURSTING CONTRACT - PHASE 1 1350 Langham Rd Beaumont, Texas 77707 Project Number: WU1022-02 001.006: CO#001.006: CO # 6: Pipe Bursting Map 14 Addition - 21 st Street Grand Total: $76,425.00 For 001 WU1022-02 City Wide Pipe Bursting Contract- Phase I Division 33 Line Item Unit price Type Group 3.0 Construction Scope of Change Order No. 6 will add Map 14, 21st Street, to the pipe bursting plan sheets. The Change Order will add 1,275 LF of pipe bursting Work and replace 6 manholes. Notes It was discovered recently that the pipes crown has completely disintegrated and is progressing towards complete failure of the line. Awarded To King Solution Services LLC Allan Negrete 27738 Reason Owner Requested Code Days 35 Changed Attachments CO 6—City Wide Pipe Bursting (Executed).pdf RES 23-221 City Wide PB Phase I C_06.pdf Change Order Summary Original Contract Sum 3,670,700.00 Substantial Completion Date Net Cost by Previous Approved Cos 506,325.00 Net Time Change By Previous Cos 65 days Contract Sum Before This CO 4,177,025.00 Substantial Completion before This CO Contract Sum Changed By This CO 76,425.00 Time Changed By This CO 35 days New Contract Sum 4,253,450.00 New Substantial Completion Date All Change Orders make up 15.88% of the Original Contract Accounting and Status Accounting Status Item Id 437 PO Number 430946 Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Line Items Item Account WBS/ # Code Section Description 3.0 Construction FEMA Number Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 013 GC Contract 708 Remove and Replace or Install New Std. Fiberglass Manhole, Less than 5' Depth (With All Joints & Con 014 GC Contract 708 Remove and Replace or Install New Std. Fiberglass Manhole, 5' to 8' Depth (With All Joints & Connect 019 GC Contract 4020 Pipe Bursting 6"-8" Sewer to 8.625" OD, All Depths Total Approval Approved Name or Role Status 1 External -GC Approved Allan Negrete 07-Aug-2023 11:00 AM CST 2 Project Manager Approved John Pippins 07-Aug-2023 11:03 AM CST 3 City Engineer Approved Amalia "Molly" Villarreal 07-Aug-2023 06:30 PM CST 4 Director Approved Bart Bartkowiak 07-Aug-2023 06:32 PM CST 5 Admin Approved Dara Woodruff 16-Aug-2023 09:28 AM CST 6 Assistant City Manager Approved June Ellis 16-Aug-2023 01:22 PM CST 7 City Clerk Approved Tina Broussard 16-Aug-2023 02:45 PM CST Unit Total Quantity UoM Price Amount 3.00 EACH 5,000.00 15,000.00 3.00 EACH 5,600.00 16,800.00 1,275.00 LF 35.00 44,625.00 76,425.00 Grand Total: 76,425.00 Due: 23-Aug-2023 Actions Created by: Kevin Young on 04-Aug-2023 Last Modified by: Tina Broussard on 16-Aug-2023 Contract - 001.005 27-Jul-2023 02:35 PM CST 001.005: CO # 5: Manhole Top/Encasement Addition CITY WIDE PIPE BURSTING CONTRACT - PHASE 1 1350 Langham Rd Beaumont, Texas 77707 Project Number: WU1022-02 Grand Total: $17,500.00 For 001 WU1022-02 City Wide Pipe Bursting Contract- Phase I Division 33 Line Item Unit price Type Group 3.0 Construction Scope of Change Order No. 5 will add one (1) additional bid item to install 56" x 56" square concrete tops at a minimum of 6" higher than the right - Work of -way elevation and concrete encasement for five (5) manholes along the DD6 ditch bank in the Piney Point area, Map 1 of the plan set. Notes Awarded To King Solution Services LLC Allan Negrete 27738 Reason Owner Requested Code Days 5 Changed Attachments Quote - Concrete encasement and square tops for new manholes.pdf RES 23-195 City Wide PB Phase I C_05.pdf Change Order Summary Original Contract Sum Net Cost by Previous Approved Cos Contract Sum Before This CO Contract Sum Changed By This CO New Contract Sum All Change Orders make up 13.79% of the Original Contract Accounting and Status 3,670,700.00 Substantial Completion Date 488,825.00 Net Time Change By Previous Cos 60 days 4,159,525.00 Substantial Completion before This CO 17,500.00 Time Changed By This CO 5 days 4,177,025.00 New Substantial Completion Date Accounting Status Item Id 423 PO Number 430946 Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Line Items FEMA Number Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Item Account WBS/ # Code Section Description 3.0 Construction 025 GC Contract 00000 Concrete Encasement & Square Concrete Tops for 5 Manholes along DD6 Ditch Bank on Map 1 Total Approval Approved Name or Role 1 External -GC 2 Project Manager 3 City Engineer 4 Director 5 Admin 6 Assistant City Manager 7 City Clerk Status Approved Allan Negrete 14-Jul-2023 05:26 PM CST Approved John Pippins 17-Jul-2023 01:19 PM CST Approved Amalia "Molly" Villarreal 17-Jul-2023 01:40 PM CST Approved Bart Bartkowiak 17-Jul-2023 06:00 PM CST Approved Dara Woodruff 26-Jul-2023 09:32 AM CST Approved June Ellis 27-Jul-2023 02:15 PM CST Approved Tina Broussard 27-Jul-2023 02:33 PM CST Created by: Kevin Young on 14-Jul-2023 Last Modified by: Tina Broussard on 27-Jul-2023 Unit Total Quantity UoM Price Amount 1.00 LS 17,500.00 17,500.00 17,500.00 Grand Total: 17,500.00 Due: 3-Aug-2023 Actions Contract ff0O1.0O4 1e*|ay-2o2oo1:22pmCST 001.004: CO # 4: Manhole Quantity Adjustment CITY WIDE PIPE BURSTING CONTRACT ' PHASE | 1350 LonghpmndBeaumont, Texaa77r07 Project Number: VYU1O22-02 Grand Total: $50.000.00 For OO1VVU1022-02City WidoPipeBursUnUCnntrom-Ph*oo| Division 33 Line Item Unit price Type Group 3.0Cvnatmmivn Scope of The change order is required to substitute the pre -cast manholes for the fiberglass manholes because of a supply chain shortage in Work fiberglass manholes. Notes Awarded To King Solution Services LLC N|unwegm/e 27738 Reason Quantity Adjustment Code Days o Changed Attachments Change Order Summary Original Contract Sum Net Cost uyPrevious Approved Cos Contract Sum Before This CO Contract Sum Changed BvThis Co New Contract Sum All Change Orders make up1no2%ofthe Original Contract Accounting and StQ[US Accounting Status Item Id 3'870./00.00 Substantial Completion Date 438.e25.00 Net Time Change oyPrevious Cos 00day 4.109.525.00 Substantial Completion before This Co 50.000.00 Time Changed oyThis CO odoye 4.159.525.00 New Substantial Completion Date 393 PO Number 430946 FEMxNvmuo Accounting Project Code Custom Accounting Field 04 Custom Accounting Field us Custom Accounting Field oo Custom Accounting Field V7 Custom Accounting Field VV Line Items |»am Aoopum xvBoV Unit Tum| # Code Section Description Quantity UvM Price Amount u.000nstrumivn 013 mCContract 7oe Remove and Replace u,Install New Std. Fiberglass Manhole, Less '25o0sAon 5.000.00 -125.000.00 than 5'Depth (With All Joints &Con 015 GC Contract 3301 Remove and Replace vrInstall New Std. Pre -Cast Concrete Manhn\o, 25.00 EACH 7.000u0 175.008.00 Less than o'Depth, (With All Join Total 50,000.00 Approval Pending Name or Role I External -GC 2 Project Manager 3 City Engineer 4 Director 5 Admin s Assistant City Manager r City Clerk Approved AllanNogrete 19-May-2023 07:45AM CST Approved Kevin Young 19-May-2023 11:08 AM CST Approved Amu|ia^Molly"Villarreal 19-May-2023 11:22 AM CST Approved aauaurtxowiex 19-May-202312:27PM CST Created by: Kevin Young om1nxxmy-20xo Last Modified by: Bart amuxnwpmmn19*|ny-2oxo Grand Total: so.non.oU Waiting for previous approvals. Waiting for previous approvals. Due: 26-May-2023 Contract # 001.003 02-May-2023 09:06 AM CST 001.003: CO # 3: Map 13 Revisions - 4th Street CITY WIDE PIPE BURSTING CONTRACT - PHASE 1 1350 Langham Rd Beaumont, Texas 77707 Project Number: WU1022-02 Grand Total: $0.00 For 001 WU 1022-02 City Wide Pipe Bursting Contract - Phase I Division 33 Line Item Unit price Type Group 3.0 Construction Scope of Proposed Change Order No. 3 will add revised plan sheets for previous Change Order No. 2. The revisions are for Map 13, on the 4th Work Street addition, which updates four (4) sections planned for open cut to be changed to pipe bursting with 16" HDPE. No additional quantities are needed for this change order. Notes Awarded To King Solution Services LLC Allan Negrete 27738 Reason Owner Requested Code Days 0 Changed Attachments CO 3 Plans—Executed.pdf Change Order Summary Original Contract Sum Net Cost by Previous Approved Cos Contract Sum Before This CO Contract Sum Changed By This CO New Contract Sum All Change Orders make up 11.95% of the Original Contract Accounting and Status Accounting Status 3,670,700.00 Substantial Completion Date 438,825.00 Net Time Change By Previous Cos 4,109,525.00 Substantial Completion before This CO 0.00 Time Changed By This CO 4,109,525.00 New Substantial Completion Date 60 days 0 days Item Id 388 PO Number 430946 FEMANumber Accounting Project Code Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item # Account Code WBS/ Section Description Quantity UoM Approval Approved Name or Role Status 1 External -GC Approved Allan Negrete 01-May-2023 10:31 AM CST 2 Project Manager Approved Kevin Young 01-May-2023 10:41 AM CST 3 City Engineer Approved Amalia "Molly" Villarreal 0 1 -May-2023 10:43 AM CST 4 Director Approved Bart Bartkowiak 01-May-2023 12:43 PM CST 5 Admin Approved Dara Woodruff 01-May-2023 01:39 PM CST 6 Assistant City Manager Approved June Ellis 01-May-2023 04:31 PM CST 7 City Clerk Approved Tina Broussard 01-May-2023 04:42 PM CST Created by: Kevin Young on 20-Apr-2023 Last Modified by: Tina Broussard on 01-May-2023 Unit Price Total Amount Due: 8-May-2023 Actions 1118123.3:41 PM Contract # 001.002 18-Jan-2023 03;40-PM —CST Projectmates Contract I-, * - - * -, --,- - -", ' ' " ­­ * * ---------------- * ........ * -" "' ", ....... ' *""' ' ' ' ' ' " * . ..... . ... . 001.002: CO # 2: Map 13 Addition - 4th Street .. . .. ... ... .... .. .. .... For 001 WU1022.02 City Wide Pipe Bursting Contract - Phase I Division 33 CITY WIDE PIPE BURSTING CONTRACT - PHASE 1 1360 Langham Rd Beaumont, Texas 77707 Project Number: WU 1022-02 Grand Total: $438,825.00 .... . ... ... .. . ....... . Line Item Unit price Type Group 3,0 Construction Scope of Addition of Map 13 on S. 4th Street to the plan set. Map 13 adds approximately 4100 LF of pipe bursting of 15" to 16" OD HDPE pipe. Work approximatbly 175 LF of pipe bursting 6" to 8.625" OD HDPE pipe, approximately 1100 LF of open cut, and 17 manholes to S. 4th Street. Notes Map 13 on S. 4th Street Is being added to replace the sewer lines and manholes before the street can be rehabilitated . The sewer lines and manholes are In need of repair and are recommended for replacement. Awarded To King Solution Services LLC Marto Jalmes 27738 Reason Owner Requested Code Days 60 Changed I........ .. ... ..... ..... Attachments CO 2 Plan Set4thSt. Addition (Executed).pdf ............. .. ..... ...... ............ ........ Change Order Summary .... .... .. - ----- - ** - - ------ * .......... ...... ............ ... ............ Original Contract Sum 3,670,700.00 Substantial Completion Date Not Cost by Previous Approved Cos 0.00 Net Time Change By Previous Cos 0 days ...... .................... ---- --------- --- . ..... Contract Sum Before This CO 3,670,700.00 ....... ... I-- - --------- Substantial Completion before This CO Contract Sum Changed By This CO 438,825.00 Time Changed By This CO 60 days . .. .. ...... New Contract Sum 4,109, 525.0 0.1 Now Substantial Completion Do to All Change Orders make up 11.95% of the Original Contract . .. ... ... . ... Accounting and Status Accounting Status https://cityofbeaumont.projectmates.corniPmjectmates/C Exhibit "N' aspx?enctm28878001099DB758OF6iC4C8707E682578... 1/3 ill8/23, 3:41 PM Projectmates Contract :._..__..___..___......_.,....._.._...._.._._.__.._...._...... ....... _____...._......-.----._..____..__..._...___.........................._...._.._ ._._...._,_._..... item id 340 PO Number 430946 FEMA Number Accounting Project Code Custom Accounting Field 04 i Custom Accounting Field 05 Custom Accounting Field 06 f..._....._...._._..._......__...__.............................................. ..... ..... ._...... ....... ..... ...... ... ........ ..........,...... Custom Accounting Field 07 Custom Accounting Field 08 : Line Items .... .................. . .............. ....... . Item Account WBSI Unit Total # Code Section Description Quantity UoM Price Amount 3.0 Construction I 005 GC Contract 351 Flexible Pavement Structure Repair (4") 600.00 SY 60.00 36,000.00 i 015 GC Contract 3301 Remove and Replace or Install New Sid. Pre -Cast Concrete Manhole, 2,00 EACH 7,000.00 14,000.00 i Less than 5' Depth, (With All Join _._.__. ..................... I 016 _.__.._....,._..,,....._....... GC Contract 3301 _......,_.._......__.__..._......_...._._,_....,......._._.,_...._........_.--.-._...._.._.__,_-......,........__.._._....._....._.__.._.._.....__...._ Remove and Replace or Install New Sid, Pre -Cast Concrete Manhole, 15.00 EACH 7,200.00 108,000.00 5' to 8' Depth (With All Joints & 019 GO Contract 4020 Pipe Bursting 6"-8" Sewer to 8.625" OD, All Depths 175,00 LF 35.00 6,125.00 l 022 GC Contract 4020 Pipe Bursting 15" Sewer to 16,0" OD, All Depths 4,100.00 LF 67.00 274,700.00 Total 438,825.00 Grand Total: 438,825.00 Approval Approved Due: 25Jan-2023 Name or Role Status Actions ._.__..._ ._....._._,_.._. ._...,. .9-._ External-GC Approved Allan Negrele 18-Jan-20 23 02:26 PM CST 2 Project Manager ., . Approved John Pippins 18Jan-2023 02:49 PM CST _.. 3 .-----._,._..._. l' City Engineer Approved Amalta "Molly" Villarreal 18-Jan-2023 03:03 PM CST 4 Director Approved Bart Bartkowiak 18-Jan-2023 03:35 PM CST 5 Admin _ Approved i Dara Woodruff 18-Jan-2023 03:41 PM CST https:llcltyotbeaumont.projectmates,comlProjectmates/ContractMgmUContractPrinterFdendly.aspx7enc=28678D01099DB7580F61C4C8707E682678.., 2/3 1/18/23, 3:41 PM Projectmates Contract Created by: I(evin Young on 22-Dec-2022 Lost Modifled by: Dara Woodruff on 18-Jan-2023 APPROVED BY: Kenneth R. Williams Date City Manager 4z ATTESTED BY: Tina Broussard Date City Clerk https:licltyofbeaumont.projectmates.com/Projectmates/ContractMgmtlContraotPrinterFriendly.aspx?enc=28878DO1099DB758OF6lC4CB707E682578... 3/3 CITY OF BEAUMONT Dele: July 20, 2022 Project City Wida Pipe Bunting Conract • Phase 1 County: Jefferson District: Beaumont Contract Number: BID NO. WU1022.02 Owners City of Beaumont Contractor. King Solution Services, LLC C.O. No,: 1 Reasonfor Change- To add additional plan shestsfor the TralficControl Plan QWONKINdDX*(AwLLO1Op CTO 1 C o ORIGINAL CONTRACT AMOUNT: $ 3070700.00 NET FROM PREVIOUS CHANGE ORDERS S TOTAL AMOUNT OF THIS CHANGE ORDER: $ PERCENT OF THIS CHANGE ORDER. 0.00Yi TOTAL PERCENT CHANGE ORDER TO DATE 000% NEW CONTRACT AMOUNT: 3,670,700 00 CONTRACT TIME ORIGINAL CONTRACT TIME: 305calendar days ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS; 0 calendar days ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER: 0 ulsndard�s s REVISED CONTRACT TIME: - 65 calendar days CONDITION OF CHANGE: 'Conrador adutowiedges and sg lees that tho adjustments In contract pdca and conbacl Oma etlpulatot In Ihks Change Order loplasenb full compensation Ior all Incteases end dots sses In the cost ol, and the Onte fsqured to perform Ou antra work under the contract arhrng rhrecity or Ind'uaclly from M Change Order and all pravious Change Orden. Acceptance of thb waiver cantotOtee on ograsmant boween Orant end Contractor thol Due Change Order lepresanb an sll IndusNa, mutualy ognad upon adjustment to the Conrad end that Conrodor vAI valve oil rights to 016 a claim an Ws ChMOe Order after kit propady asacutad.' ACCEPTED BY: PREPARED BY: '1 2a 2a22 IUNOBo 1104 RVICES,LLO-REP D ! JONN IPPNS I, BAT! WATERununESTIONAIANACIER REVIEWED BY: CITY ZNOINIER APPROVED BY: INTBRIM CITY MANAGER QI REVIEWE Y ,2�� DA i 4WIA DATE DIREOTOR OF PUBLIC WORKS A TECHNOLOGY SERVICES ATTESTED BY: I,i 171 Prajectmates lrmva7l ullvCalvr.l=mzcr uu:€:.morn a l cN.C,OM Invoice #001.009-FINAL for Invoices/Pay Apps WLJ1022�.02 CITY WIDE I I W„UllRi'lI IIIV° G COINTIRACIFIPIHIIASIE IIL, 1350 IlLaiiI IRd, Beaumont, "'n"exas "77707 Unlii�ted States Wednesday, Jan 08, 202: Invoice Details D';onfirma& C' ci,Rir-ac. . 001 Wl)1022-02 C,lily'Wiide2 I I!;.lmars'Cling Coirmlm' ct -. 111 Invoice N 00'1,009-II II I+lA II... E)escIrIlpflCmn King Sollu lean» 7r emrllc.e.., IL ILC "a" LJ17D2202 City Wide III IISRr.ur(,.411ng C of nraO lalhu aanea II I Invoice I Jan 08, 2025 "say IIPerlod lnl<:u 02, 2024 (aa Jain 08, 2025 (.3ruUamneD $227,01620 1'e f1111sr Iqaauala27738 (King scuuon meIr'aie....I1-0) 'L„✓,eak'I:ed 1::3y Kc; V"I mll ` OUIrng (Curly of BeaUaimo n'1;) C i,(,@n e IIDMe:, Jan 7118, 202;5 10::26 AIM CS I invoice IIIC7 1383 Retainage I Slealre d 1% (DX) Line Items Item Account WBS/ Description Contract Previous Quantity UoM Unit # Code Section Total Payments Price 3.0 D onsfiruic'8:lion 001 GG 00000 rnralhrtlllllaalkw 1.41mD @ 175,C9Q70 00 coo L.S 175,C)C)Q'l.OD Cr01111-„act 17(s,C C)gb C)O V5,000 00 Amount Due: 400,567.45 Work Materials Total Completed Stored Amount (WC) (MS) Item Account WBS/ Description Contract Previous Quantity UOM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) 002 CK" 3161 1 L1111 Del[)(111 10u,1w 0 00 coo 45 00 4,500.00 000 4,50000 con[lact Repair al,Side 43.00 :: walk (T 4,500 DO 003 GC 361 Full Dep(I'll 25c ou @ 000 coo SY 45 00 1 £,250.00 000 11,250 00 con[ract Rej,Ialii of 45.00 :: Driveway (6"1 11,25000 004 GC 361 Full Dep(h 550 co (t3 64,035 00 000 SY 125 00 4j15.00 000 68,75000 Canbract Re1,,1a1ii & 125.00 :: Cuivi ete 68,75000 Flaveifnen, (DO') Dos r"C' 351 Flexible J.nfl cq 54)000 00 0 00 Sy 60 00 0.00 (M) 54)000 00 C0111'ad laveifil➢a`IqC 60.CK) Strur"lure, 54,000 00 IRe 'mill (4") 006 GC 402 1 'C"I'lich 4,000 00 3, Z 72 00 0 00 1 1:: 1 On 228.00 0 00 4,00000 Canhact ...xcav&Alairi 1.0a Fliro[echoin 4,00000 ON ("11C 502 Barricade.% C5c co @ 28,800 00 000 FACI 1 200 00 C,200.00 0 00 30,00000 Dxr[I@Gt Signs, and 2MOD :: I ';a c 30,0CM DO 11 aidling HS GC 2821 Chain IlLinik and 2,400 W ((P 74000 000 1 1:: 2.00 4,060.00 000 4)80000 Conli'acl Wooden 2,00 :: Fences, stud 4,800 00 Gate,,,,, Wf lh Rroecl Manageirs Aplairovall 009 GG 2558 Clean and 5'000 00 4,67000 000 1 1::: 5 00 20,330.00 000 25,00000 Conr iact 10119050 S0VVE',1' 5.00 All Sizes arid 25,000 DO Dej,)(Ihs, As Dlrcx�(ed lay dhin Owinors, 0 10 GC 2553 Obshruckyl 30,250 00 000 EACI 1 250 00 7,250.00 000 37,50000 C01,111'ad Rci'riovall 25D.DD :: Excavahari, All 7'5(CD x) Sizes, All Dej',Ahs) VVI(h Fliro[ec� 'Aanageir's Alp,wovall Grand Totall 3,698,041 20 Item Account WBS/ Description Contract Previous Quantity UoM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) 011 GCI 2534 Recorinect 744.00 C 339,9,X) 00 000 FAC 1 650 00 143,650.00 000 483,600 00 con[lact 13 e, i, v i c; e 6150.00 :: Colligedlon 483,600 DO E.xcavadoiii Including cleal,louls to Liner' Coalplete, All Sizes and Delta 012 GC 2534 Fui,inish aiid 21 W Cq, 15,75000 0.00 1. ACI 1 1,05 000 6,300.00 000 22,050 00 Corlli,act Ihn,,Aall lE.nlrbof 1,D50,00 :: Lli ip GlealmAA 22,05000 by 11...xczYvabon D 131 G G' 708 Reirloveand 34 00 Car 55,000 00 0 00 FACI 1 5,000 00 115,000.00 0 00 170,000 00 Gcwt,act Rej,,Y1ac,,,, or 5,000M :: Install I I jr0,00Q CNO Std. F,ibei,qlass Manhole, Less H-11an 5, 1 (I'll (WIth A111 Jaln[�'a & con 014 C11G, 708 Reirmove, and 34 00 (Cg 28,00000 000 1. ACI 1 5,600 00 162,400.00 000 1001,400.00 G0191lact Rej,,jlace or 5,6DO.00 :: Install 1 190,400 DO std Fiberglass Vainhalle, Sto 8'1DejfIh (\A/ldh All Joinls & Collinect 015 GIC 3301 Rcirnow,, and 2 3 0 0 161)00000 0.00 1. ACI 1 7,000 00 Mo 000 161)000 00 Conlrad IRejplacrs aar 7j)[10.00 in,,Aall I 161,000DO Std Pir,-., Cas't collarete Manhole, Less� 'than 5' A11, (With A111 John 016 GC 3301 RGITIOVO'and 69 co 4 96, BOO 00 0 00 LAC 11 7,200 0(0 0.00 0 00 496,800 00 conliact Reg,Ilbce or Zr 200.00 Install 1 496,800 DO Std F11-0 Cast C,cl lurete I Sto 8'1-)ej[Ah OA/ldh All Joints & 017 GC 708,3301 ElxCra Dejpdh for 2.50 00 00 000 VIF 100 00 20,000,00 0 00 25,000 00 Corlbract New or 100,00 Grand irotaii 3,698,041 20 Item Account WBS/ Description Contract Previous Quantity UoM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) R,e ,jIlaceirrieii 25,0D0 00 Std IManhole, Over 6' 1 (1pire Cast Cali 01- Fiberglass) 018 GG 2555 Abandoi,i 1000 9,00000 coo FACI 1 1,50000 (1,000.00 000 15,0000o C"01111-act Vainhaller �,500.00 15,000.00 019 GC 402CI i Bursting 32,000 00 (cg 869,40000 0 00 1 1:: 35 00 250,6GO,00 0 CIO 1,120,00000 (.,'01�11-act 6".8" Sewer to 3500 8 C , 325" 01l All 120,000 00 Del'yUhs 020 cx 4020 F111-w, Builstillig 750 00 Cr,)N 33,75000 000 1 1:: 4500 Mo 000 33,750 00 col -Thad 10" Sewer lo 45.00 :: t 0 7 5" 011.), All 13, T50 00 I.X" l 021 GIG 4020 Flipe, BUI(sting „t,CDc co (cp 141,82000 0 00 1 1:: 40 00 2,1180.00 000 '144)000 00 Gaillact 12" Sewer [o 40.00 :: 12 75" 01.-), All 144,000 DO De,J;Ahs 022 GIC 4020 Mlle 1.3urst11ng 4,900 00 323,677 00 000 V 00 4,623.00 000 328,30(D00 C01,111-act 15"Elewer Lo 67,00 :: t6 0" 011l All 328,M) 00 Dej:rUhs 023 GIC 600 IRe inove and 2,000 W (q), 795 00 0(n 1 1:: 15 00 29,2MOG 000 30,000 00 Conliaict replace 15,00 :: eAsiling 25o,C10o oc Sal fl(ary &w-"r Vila (.)1lga1-11 Cut, AddRibiriall to Buirsting CoSL, 5' to 10" 024 GIC 600 Re'rilove, and 2,C4CP0 00 (g) 000 000 1 1:: 1800 36,000.00 000 36)00000 ('01111ad i 18.0D :: exis(lirig 36,000 00 sainilary Sewer Via 01"H"I'll C. Addihoinall to Pipe BU-stling cuss'(;., 10, k, 115 lbitall 829,491.00 2,8411,209M 829,491 00 U0 3,670,700A0 Grand Totall 3,698,041 20 Item Account WBS/ Description Contract Previous Quantity UoM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) CO # ': 1113 11,3 Addition 41n Street "0 Colnstirua D05 GIC 51 1l.ale;xilalllee (r(➢ .w 4,58100 6l.00 ISY 60.no 31,419.00 i7.00 36)(1i7G (xi Caslh-act F'aaveelnnle,11 60.00':: Stru(A urc; 36,000.00 Re,paiilr (4" ( 015 GC 3301 Rearnl.uvea and 2 DD 0.00 0.00 AC I l 7,000.00 14,CDOO.00 000 14,000.00 C, orl rac,p III t,ir J',0C)( Q(( _ IIIm,-AallIIUea,vv '14,000.00 catc1Palre,.C:a s[ Concrete Manhole, L..e sF, Ulan :Y .Dc"7(ll, oin (With AllJoin 016 GC 3301 Rerrwvc, and 15 00 car 108,000 00 0 00 11 7,200.00 0.00 0.00 108,000 00 C,onllia",.D IRel;tll<arnn eur '7,200M _:: IwAaIIlNc±k 108,000.DO std ITPIre CDae '9t Concrete Maxnlnclle, U to a" u:DcalC (l (VV!r11n 019 GC; 4020 111 E!i urt';V'ung 11 m 00 (,> 2,345 00 0L00 L..II: PI5 00 3,JrH3) C (o 0.00 b)'12kb.00 8 62€6" C:SII:D" All 6,125.00 I 022 GG 4020 1 R)a istllr g 4,10000 (3r) 274,70000 0.00 L..II: 67 00 0.00 0.00 274, 700.00 C;ealn(ra€.t 15",13,evvtizr to 67,00 ": 'M 0'" 631D, All 2?r4,'700.00 DellUls 'lildiall 49,111De 00 9ai9:,626,00 49,199 00 0.00 438,82, ,00 CO 4Mainlholle Quantity Adjjushneint �3 0Corlis3lruc 013 GC 700 tc,l'nlcavet ;Inr1 25 00 C4D CI 00 0.00 I AC 11 5,000 DO 112 k,000.00 ().00 125,000 OCI ('01,11lac;D IReplace, or 5,000 GO '::: 1rll,=analllrileery 125,000.Y) 13W 11;Pc Irglas£a 41allhole, L. esY 'Ulan 5, L.bel"I'(I'll (VVYitlh FJIII Jlbll'o'(s & ";.on 015 GC 3301 Rearnl.uvea and 25.0 D 168,000.00 000 AC I 1 7,000.00 7,000.00 0.00 175,000.00 (.; alrl rac,1 11101, J',)C)C, Q(} _: Ilnl,vflall I 1J'Fa„CC(d)00 catc1Probe,.C:a s[ Concrete Grand irotaDIII 3,698,041 20 Item Account WBS/ Description Contract Previous Quantity UOM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) MaNhole, Les=� than 5' Dejo Uh, (VVith A111 Joini RAW 1118,00000 168,000M 118,000 00 (LOO 5(D,mwoa C 0 # 5': I Tolp/lEincasernent Addiltillon 3 0 C 0 1 Is 025 GIC 00000 Concrete I co (q) 1750000 000 LS 7,50(b00 0.00 000 17),500 00 Conli-ad Eiricaseiggent & I Z 500.00 :: sqLial'' 17,500 DO Concrete 1ojl6s ra, 5 Mal d ioles allong DID6 I Bankon Malp I Toltall DAW 1 7,50moo 0 00 UO 17,500m CO B: 1115 Addition 3 0 Coirl.sh l 014 CK, 708 Reinove, and 1 co 0 00 0 00 1. A(3 11 5,600 00 5,600.00 0 00 5,60000 conli act Replace or 5,600 OD Install I 5,ax) �)c 13td Fllxi'gl@ss Madhole, 5' to 8' IlDeell(h (VW dh All Joh-lbs & Corlined 02.0 GG 4020 1`11pe, lilt ilstling (r5 co (100 000 1 1:: 45 00 2,925,00 000 2,925 00 Conbract 10" Sevver lo 45.00 W 75" 011D, All 2,92500 Dpj;%hs IdIall 8,525,00 DAW 8,525 00 Obo 8,525,00 (�',0#00 1 006: CO # 6:: 1 Buirstfing IAla 1p 14 Addition 013 GC 708 Remove, and ;: co �k( 1tD,o00DO (1.t10 1. ACI 1 5,000 DO 0.00 f).00 15,000 00 ("'01,11lact IRepllace or 5, 0 0 G G 0 :: in':ttall I 15,000 Do Std FlIbei,glass Mait1hole, Les=� dhan '13, Del"111,11 (VVIt1h A111 Jaln(s & ("all 014 GC 708 1 and 3 0 D ng 5,60000 000 EACI 1 5,600 00 11,200.00 000 16,800 00 conbract Rlej'Jace (li, 5,600.00 :: Install 1 00 Std Flloei,glass Vain hole, 5' to 8' 1 (WI11h Grand irotaii 3,698,041 20 Item Account WBS/ Description Contract Previous Quantity UOM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) All,koin[s & Coni-I&A, D 19 GG, 4020 i I.Wirsting 11,275 DO (k) 1,4)090 00 000 1 1:: conk'act 6" 8" Some( to 35.00 8 625" 01D, All 44,625 DO Dej,,Ahs Toilall 211,)"35AW 54,691N OO CO#001 009�: CO #9 3 0 Cormitiruction 026 GIG 00000 Man1hole wall 20 00 (q) C01,111act iner, I 1 325.00 :: carrosiorl 6,500 DO resistanI waIII CC,jqjj,)jU(f.,, liri 027 GC 00000 ru,'tall exbra 1.00 6,g conlia(l ceirinent 2,800.00 :: s(abill7nd sond 2,8@0 00 backhIll and rence raiii-iovall, coirriplete lin "Aace roilall 9, 001 00 CO#001 010!: IfrIi1nall CO 3 0 Coin str"c rion 002 GIG 361 Dell:Ah 100 OD A Rvp@1i[ ai'Side 45.00 :: Wall, (5") 4,500 00 003 GG 361 1:R.1111 Delp1h 250 00 A) conlract RejpAlir of 45.00 :: Drim,may (6") 11 1,250 00 004 GC 361 1 )ejp1hi 11,37 28 @ Coniia(A Roj,�alir of 125.00 :: 17,16000 N5 C"G, 351 1:: Ilexi ble 458 88 (cg G01111act Ipavenacent 60.00 :: 'Stiniciure 27,53280 Foq,7;oii (4") 006 GC 402 1 renc.h 228 00 (k) (."onlract E.xcavadoifl 1.00 Fli-Oledion 22t1.00 35 DO 10,5300 000 44,625 00 21,73500 OM 76,425AG 000 000 VIF 32500 6,50M0 000 6,500 00 000 coo 1-113 2,800 00 2,800.00 000 2,800 00 0.00 9,300 00 0.00 9,300.00 000 coo SY 45 00 4,500,00 000 4,1500 00 000 000 Sy 415 00 . 11,250.00 000 11,25000 0 00 000 SY 125 00 17,1160.00 000 17,160 00 000 000 SY 60 00 .27,53230 000 .2 7, 1532 80 000 coo I 1::1 00 228.00 000 226 00 Grand Totall 3,698,041 20 Item Account WBS/ Description Contract Previous Quantity UOM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) NIT CK" 502 Barricades, 6 00 C 0 00 coo FACI 1 200 00 1,200.00 (➢00 1,20000 con[lact "Signs, airld 20CMX) :: I I'arric 1,200 DO 11 aridling HS GC; 2821 Chain Llink aind 2,030 W (g) 000 000 1 1:: 2 00 4,060.00 000 4)06000 conhlact Wooden 2.00 :: Fences, and 4,060 00 Gates, VV11111 l Vaii@gcirs 4" ll1r,wowil 009 C.11C., 21558 Clean and 4,066 00 @ 000 t1.00 1 S 00 20,330.00 ODO 20,330 00 cunlrssct I C"If"Visc, s(niver 5.00 :: All Sizes and 20,330 00 Dej,'yUh°', A,,', DirecLed bydhe Owners 010 C 25153 01"cslnlcllon 29 DO 0.00 000 EACI 1 250 00 7,250.00 000 7,250 00 cort"old Re'iliovdll Ljy 250.0 Excavalinin, All 7,250 00 Sizes, All Dej�,fflhs) Wilhi I'volecl Vainagar's Appiroval 011 GC 2534 Reconnect 221 co (k) 000 coo Ei?cl 1 650 00 143,650.00 000 143,650 00 (."oll(ract ("", 650.00 :: Coil nedion 143,650 00 E=,.wadon Including Cleanrn.][G to Liner' Cariliplete, All Szes and 012 GC 2534 Fui,i,ilshi and 6 00 (4( 000 coo 1::,A(,'l 1 1,050 DO 6,300.00 0 00 6,300 On coilliact Install 11-ind al' 11,050.00 1-11ge Cle"InCAJ( 6,10000 11...xwavaUori 013 CC 708 Reirriove, and 2 00 (q( 000 000 1. AC I 1 5,000 00 10,N0.00 000 1 (1) NO 00 coilth'act Rej:)Iace or 5,000.00 :: in;ltall New 10, 000 DO std Fllx"Irgl@,'ss Manhole' Less dhan 5'1.-)ej:Wh (With A111 Join[s Grand Totall 3,698,04 1 20 Item Account WBS/ Description Contract Previous Quantity UOM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) 014 GCI 708 Remove and 32 00 0 00 coo FACI 1 5,600 00 179,200.00 000 .179,20000 con[lolct Replace, or 5,6NLOO :: Install IINe.w I F9,200 DO Std Flnci,glass wanhole" 5' to 8'Delp(h (Ndh All Jolinbs & ("On 015 GG 3301 Rei nove, and 9.co (g) 000 Q1.00 EACI I 7,O0G➢DO 6�,,,000.00 0 30 63,noo oo C"011bract Rcj,511a3cu 01' 7,000.00 :: in,,Aall INew 63,()DI1Ou Eod Fliie.Cas� colicirrste, Manhole, Less ffian 5'IlDej-Ylh, (Vold [ A111 016 C, 11 C 3301 Rernove, and 13.00 @ 0 00 000 EACI I 7,2N 00 93,600.00 000 93,600 00 Conliac,t RejNa(xol, 7,200.00 :: ri�,Aall lNem 93,6DO 00 Std Flire Ca,,A corlamte V,nin1hole, 5'to 8' IIDe 1p1h (Wilth All Joh-lbs 017 t4 708) 9301 ...Ah'a Delpilli ror 200 00 0 00 coo VIF 1(70 00 20,000.00 C1,00 20)000 00 C"On I nact Now or 100,00 Rej,JaceirrienL 20,000 00 ,Std Manhole, OVol' 8' Delath (II' ire Cast Colicl ete or F bcirglabs) 015 GG 2555 Abandon 4 00 C(J) 0 00 000 1. ACI I 1,"100 00 6,000.00 000 6,000 00 Conharl Manhole 1,500.00 :: 6,000 00 019 C11C 4020 11-1111,je Bu(stling 7,569 00 (g) 000 000 1 1:: 3500 264,9115.00 (D00 264)915 00 Conliact 6" 3" Sewcmto 35.00 :: 8 625" OIL), All .264,915 DO Dej:,711-1,,� 020 GIC 4020 Flijpv 1:3urstling 254 00 000 Y1.00 1 1:: 45 00 11,430.00 Ct,00 11,43000 C01,111-act 10" "lewer (o 45.00 t 0 75" 011D, All 11,430 00 Del")[11S 021 GIC 4020 F111pe, Bursting 54 50 0 00 000 1 1:: 4000 2,180.00 000 2,1SOOO Con(ract Q",E,evver lo 40,00 2 18000 Grand irotaii 3,698,041 20 Item Account Will Description Contract Previous Quantity UoM Unit Work Materials Total # Code Section Total Payments Price Completed Stored Amount (WC) (MS) 112. 75" 01 D, All a;xt'ha7 022 C340 402 0 i 1 bustling .CiCD.Do (c„s} 0.00 coo 1 1:: (YF.(DO 4,62100 000 4 623.00 conframct 115"Sewer [o 67.00::.: 116.0" 0I1 D, All 4,623.DO II:D€j,,Ahs G23 GC.; 600 Ildei nave a: nd 1,241.470 (i:1 000 coo 1 1:'.: 15 01) irh 20l-s. O 37.00 2%205.00 C"01,111°a c't replace 154 00 :: exiisilln¢D -29,205.00 6caniikary n4:'wel" Via C:Dhsw rn curt, D`ddiiillolnalll to IPlilrnc, Nl3u irstllnal COS[, 5' C:CN... 024 GC; r "et'I"YliC4VG! rcNrY ". ,�PCY0.C.0.CC7� (e CI�.00 C±.00 L..I°1 18 DO �36,r 00.00 f;.00 ��36,CS(l0 00 C;onliacp 'ejplaco 1FD DO exiislilncy (DQi,C➢f;G.:)o ."3a niilarY Sewer Vli'a open Cut, Addli[liolnall per Flipe 3uirodling Cos[, '10, i... .573,23330 6Dko Summary 573,233.80 CD. 0 573,23180 Grand Tataalll 3,6 98,CU41 20 I, Conbiad Surn '- Ai,neindiineiMs ?. New Chaiiage 1,,,)y CIiaalrng II equest 3, Coi3Oiad Sun ]b IIDaale (11L.Ine 1 « Il...ilne 2) 4, Ileafa ll Coiinjr.flleted & 13fored Ilo Da�e 5, Ref:@Iinage, 5a, 0,00% of Coi,npIetNJ Work (Colurnin 11 oin (,oinflirivaflon Slhee) 511b1u.lu0% of Sbred 1Materiall (Coluiiyun,J on Coinfinwafion SlheO) foc all Frehlnage, (5a 1- 51b) 6, Tobll Eanned IlLe ss Tofall IRe falinage, 7, L.ess lirevlwjs CeirfificaPes for PayimeirA 8, Cunrei,JAirnowink IDuea 9, 1:3011ance ¢o IFinish, Ilne ludling Relfalinage, (ILIne 3 Ileus s IlL.Inea 6) FIN R IT 9=1 - I M n. Jine, 1111em Ilype UnIf joirlcea Grouj�.) H Coil sirwclfoin Accounting and Status 0,00 MO Cajpbll Fundling Source coiWiruUluin - CIIII YWIIIIDIR. IF:11111PI-7 113U11F3S1 IIING - IIPIII MI. 11 Cajplf:all Pirojed IIFiscaall Year 2025 F10 Nuniber 4512114 Approval (Approved) User I Role Status B11111 IKealr p (Insjf)ecbii) A11,aprov0d Jan 08, 2025 1224 PIM CSII Kevilin Young (Project Mareger) Approved Jain 08, 2025 0 1 07 II IM CS 11 knall !a "Molly" V11111arreall Approved Jain 08, 2025 0 1 14 IPIM CSII Dara Woodirurf (Adi,nln) Approved ,hain 08, 2025 01 53 IPIM CSI 3,670,70M0 21,341.20 3,698,041.20 3,698,041.20 (100 3,698,041,20 3,297,473,75 400,567 45 M10 Comments 214 217A100 coinn .................. K) 2025 Illirojeclirnales / Sys[eirnatos, Ilinc 2435 Iq Centirall Expy Richardson, � X 75080 3 % TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Director of Public Works, Interim MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, for the Fannett Road Sidewalk Improvements. BACKGROUND The Fannett Road Sidewalk Improvements Project consists of placing new sidewalks and ADA compliant curb ramps along the south side of Fannett Road as well as updating parts of the sidewalk on the north side of Fannett Road and bringing the existing curb ramps up to ADA compliance. On January 2, 2025, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $940,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount SETEX Construction Corp. Beaumont, TX $783,958.00 Elite Contractors Kirbyville, TX $808,915.00 Eastex Utility Construction Beaumont, TX $824,605.00 Norman Highway Constructors, Inc. Orange, TX $940,294.00 MK Constructors (BDS Constructors LLC dba MK Constructors Vidor, TX $1,174,900.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, SETEX Construction Corp., in the amount of $783,958.00. A total of 150 calendar days are allocated for completion of the project. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Fannett Road Sidewalk Improvements Bid Tab RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 2, 2025, the City solicited bids for the Fannett Road Sidewalk Improvements Project; and, WHEREAS, five (5) bids were received for furnishing all labor, materials, and equipment for the project; and, WHEREAS, SETEX Construction Corp., of Beaumont, Texas, submitted a bid for an amount of $783,958.00, as shown in Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by SETEX Construction Corp., of Beaumont, Texas is the lowest 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 SETEX Construction Corp., of Beaumont, Texas in the amount of $783,958.00, as shown in Exhibit "A," 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 SETEX Construction Corp., 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of January, - Mayor Roy West - o ul it 0 c C: C 0 w 0 > 0 �' ��z :�! 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(A 0 t�,'o CS 8 0`-�j P:O�p �O�p 0,!Q W V w 0 bb.b'b�b b'bjb,b•o 0f0 0�0j0000�0'OO 0 0 0 Po 0 0 0 0 r) 0 0,0 .:m 0 w to et. -W 0 0 0�0 . . . 0 0 0 0 a 0', o p p p p p p p p P,P P,P;p p p p p 0 0 0 0 000 0�0 0 0 0:0 0 0 0;0 . .1. O 0 OO,­0 0,0 0 0 0 0 0 0 0 0 0 0 0 Z. ZI, 0 OO O;W C: Z 0 0 N w 0 0 0 Ow w —0 0 0 p O,W 0 0 0 0 pp p P,p p p p p p p 0 o bbb b:b!b b o,o o 0,0 a o b o o o o Q 0 0 0 0 0 0 0 0,010 0 0 0 0 0 OP;o ;o g P, VI v e p p p p V In p p Zp w 0 w . 0 00'w EF , , - 0 0 . W0,0�0 0 0 w I p 0 P, p p 0.0 0 0 p p p p p p .0_0 .0 .0 .0 0 0�0 0 0,0'0 0 0 0 0;0 b'b b o o o o a 00 0 0 0 0,0 0 010,0O a - - w cg xnO , �10 wl. 0 0 0 w w 0 0 1 w 0 p 0 0 p p P: p p 0 0 0 0 0 m W, n I 0 o o o o o o o bbb b;b b b,b b b b b 0 i. 0 0,0. 0 0 a; 0 a 0 a 0 0 0 Q r) -i r) 0 c 0 w 0 w 0 0 0 0 Wo w 0�0 p p p p p P,P P) p p p P, p p O-A Nf00,0 0 0 00:0 0 00,0 0 0 0 0 0 0 a0 0 Oc 0 0'0 00 0 0 0 0 0 0 a 0, 0 . O, 0 ' 0 0 0. 0 -n 0 n a TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Director of Public Works, Interim MEETING DATE: January 21, 2025 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Cattail Marsh Levee Emergency Repair Project. BACKGROUND On December 17, 2024, by Resolution No. 24-334, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of $128,771.00 for the Cattail Marsh Levee Emergency Repair Project. The authorized work consisted of repairs to the failed section of the levee and exterior side slope between Cell 1 and Hillebrandt Bayou. On January 9, 2025, Brystar submitted an updated time and materials proposal estimated at $25,000.00 to install and compact limestone base at various locations where haul trucks have damaged the existing levee road during construction. Although the original not to exceed estimate accounted for restoring sections of the levee road along the haul route, the damage exceeded what was estimated before the project began due to unknowns about the stability of the existing levee road. If approved, the new contract amount would be $153,771.00. FUNDING SOURCE Water Utilities General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Cattail Marsh Levee Emergency Repair COI RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 17, 2024, by Resolution 24-334, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $128,771.00 for the Cattail Marsh Levee Emergency Repair Project; and, WHEREAS, on January 9, 2025, Brystar Contracting, Inc., submitted an updated time and materials proposal estimated in the amount of $25,000.00, to install and compact limestone base at various locations where haul trucks have damaged the existing levee road during construction; and, WHEREAS, although the original not to exceed estimate accounted for restoring sections of the levee road along the haul route, the damage exceeded what was estimated before the project began due to unknowns about the stability of the existing levee road. If approved, the new contract amount would be $153,771.00; 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 submitted updated proposal by Brystar Contracting, Inc., of Beaumont, Texas in the amount of $25,000.00, as shown in Exhibit "A," be accepted by 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of January, - Mayor Roy West - ORYSrA,0 r CONTRACTING, ,. F, ;�i C, l; INC. 8385 Ctiem:icaal Roid Beaumont, Y"eaas 77 015 -(09)842-6768 January 9, 2025 Molly Villarreal, P.E. - City Engineer David Tingle, E.I.T. — Public Works Design Manager City Hall, 801 Main Street Beaumont, Texas 77701 Re: Cattail Marsh Wetlands Repair — Haul Route Road Not To Exceed Budget $25,000.00 Working Days: 2 Working Days Scope of Work: - Install and compact limestone base at various locations where haul trucks have caused damage to the existing levee road. Notes: This work is only for disturbed areas caused by haul trucks in the haul route during the construction of the Cattail Marsh Wetlands Repair project, PO number 451851. Brystar Contracting appreciates the opportunity to submit this proposal. Should you have any questions or concerns, please do not hesitate to call. Sincerely, Trevor Holmes Project Manager ht. ygr(y isu�starocom 409-659-7334 5 % TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: January 21, 2025 REQUESTED ACTION: Council to consider approving an ordinance calling the General Election for May 3, 2025, to elect a Mayor, two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one for each Wards I, 11, 111 and IV); and approving a runoff election if necessary on June 7, 2025. BACKGROUND The City Charter dictates that all elected officials shall be elected on a regular election day established by the Election Code of the State of Texas. The City of Beaumont is designating the first Saturday of May to conduct this election and will conduct a joint election with the Beaumont Independent School District and the Port of Beaumont. The City of Beaumont will elect a Mayor, two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one each for Wards 1, 11, III and IV). The Beaumont Independent School District will elect Trustees for Single -Member Districts 1, 2, 3 and 5 seats. The Port of Beaumont will elect one (1) Ward 2 seat and one (1) At -Large seat; and approving a runoff election, if necessary, on June 7, 2025. FUNDING SOURCE Funds are available in the City Clerk's budget. RECOMMENDATION Approval of ordinance. ATTACHMENTS None ORDINANCE NO. 25- AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 3RD OF MAY, 2025 FOR THE PURPOSE OF ELECTING A MAYOR, TWO (2) COUNCILMEMBERS-AT- LARGE AND FOUR (4) WARD COUNCILMEMBERS (WARDS I, II, III, AND IV) AND; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH THE BEUAMONT INDEPENDENT SCHOOL DISTRICT AND PORT OF BEAUMONT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND APPROVING A RUNOFF ELECTION IF NECESSARY ON THE 7TH DAY OF JUNE, 2025. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. In accordance with the City Charter, the Constitution, and general laws of the State of Texas, a general municipal election is hereby called and ordered for the first Saturday in May, 2025, the same being the 3rd day of said month. At said election all qualified voters residing within the corporate limits of the City of Beaumont may vote for the purpose of electing a Mayor, two (2) Councilmembers-At-Large, and Councilmembers to Wards I, II, III, and IV for full terms. Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above -mentioned positions unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code, with the City Clerk, not later than five o'clock (5:00) p.m. on the seventy-eighth (78th) day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election Code, not later than five o'clock (5:00) p.m. of the seventy- fourth (74th) day before Election Day. Section 3. Said election shall be held jointly with the Beaumont Independent School District and the Port of Beaumont in accordance with Chapter 271 of the Texas Election Code. The Jefferson County Clerk will coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provisions of the Texas Election Code. Section 4. Legally qualified voters residing within the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s) and other matters that may appear on the ballot. Section 5. The notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Cectinn 1i An electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election. Section 7. The following are appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Central Counting Station, 7963 Viterbro Road, Nederland, Texas; Central Counting Station Manager, Wayne Ozio, Tabulation Supervisor, Jeff Ross, and Assistant Tabulation Supervisor, Scott LeBlanc. Cectinn R Procuring, allocating, and distributing election supplies shall be prepared in accordance with Title 5 of the Texas Election Code. Section 9. Roxanne Hellberg, County Clerk of Jefferson County is hereby appointed Clerk for early voting pursuant to Chapter 83 Subchapter B of the Texas Election Code, and if approved, said appointment being without additional compensation. Early voting by personal appearance shall be conducted at the main early voting location: Jefferson County Courthouse 1085 Pearl St., Beaumont, Texas, 77701 Three early voting locations: Rogers Park Recreation Center, 6540 Gladys, Beaumont, TX 77706 Theodore Johns Library (Mtg. Room), 4255 Fannett Rd., Beaumont, TX 77705 John Paul Davis Community Center, 3580 E. Lucas, Beaumont, TX, 77703 Early voting ballot applications and ballots voted by mail shall be sent to the Jefferson County Clerk's Office, P.O. Box 1151, Beaumont, Texas, 77704-1151. The County Clerk shall keep said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m., on each day for early voting or an official State Holiday beginning on the twelfth (12th) day through the fourth (4th) day preceding the date of such election; provided, however, except as authorized by Sections 85.005 (a) and (d), Texas Election Code, said County Clerk shall not permit anyone to vote early by personal appearance on any day or time not designated herein for early voting and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public for early voting purposes. Early Voting Dates and Times Tuesday, April 22, 2025 (8:00 a.m. to 5:00 p.m.) Wednesday, April 23, 2025 (8:00 a.m. to 5:00 p.m.) Thursday, April 24, 2025 (8:00 a.m. to 5:00 p.m.) Friday, April 25, 2025 (8:00 a.m. to 5:00 p.m.) Saturday, April 26, 2025 (8:00 a.m. to 5:00 p.m.) Sunday, April 27, 2025 (12:00 p.m. to 5:00 p.m.) Monday, April 28, 2025 (7:00 a.m. to 7:00 p.m.) Tuesday, April 29, 2025 (7:00 a.m. to 7:00 p.m.) Section 10. Early votes by personal appearance and by mail shall be counted by an Early Voting Ballot Board consisting of a presiding judge and (5) five clerks, the County Clerk may authorize as many additional clerks as are deemed necessary. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on Election Day. Section 11. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the County Clerk shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 12. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in the office of the City Clerk, 801 Main St., Suite 125, Beaumont, Texas, 77701 at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the date, hour and place of the drawing, and shall also give personal notice to each candidate by: written notice, mailed to the address stated on the candidates application for a place on the ballot, not later than the fourth day before the date of the drawing, or by telephone, or email address if provided on the candidates application for a place on the ballot. Each candidate affected by the drawing is entitled to be present or have a representative present at the drawing and shall have a right to observe the drawing. Section 13. If any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 14. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of January, - Mayor Roy West - No Text