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HomeMy WebLinkAboutFEB 04 2025 - PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, FEBRUARY 04, 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 1-7 (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. G. Council consider a resolution approving the purchase of one fire truck. H. Council consider a resolution approving the six (6) month contract to supply asphaltic concrete for use by the City. Council consider a resolution to enter in to a contract for grant application and administrative services. Council consider a Resolution authorizing the City Manager, the Director of Planning and Community Development and Transit Management of Beaumont to file applications with the Federal Transit Administration. K. Council consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount up to $90,000 through the U.S. Department of Justice, Project Safe Neighborhoods Block Grant Program (PSN). L. Council consider a resolution approving the purchase of four (4) thirty-foot CNG Buses for Municipal Transit System. M. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $48,000 through the State and Local Cybersecurity Grant Program. N. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $35,900 through the State and Local Cybersecurity Grant Program. O. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $148,000 through the State and Local Cybersecurity Grant Program. P. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $12,000 through the State and Local Cybersecurity Grant Program. REGULAR AGENDA 1. 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. 2. Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, for the Fannett Road Sidewalk Improvements. 3. Council consider an ordinance amending the FY 2025 Budget. 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. 6. Council consider a resolution authorizing the City Manager to award a contract to CZ Construction LLC, of Houston, TX, for the Seale Rd. Sanitary Sewer Pipe Bursting Project. PUBLIC HEARING Council to consider conducting a Public Hearing to receive comments regarding a grant application and receipt of funds from the FTA's Emergency Relief Program. REGULAR AGENDA 7. Council consider a Resolution authorizing the City Manager the authority to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Emergency Relief Funds for the BMT Zip. WORK SESSION Council to review and discuss the Beaumont Police Department's Response to Calls Report. Council to review and discuss requests from developers for support of affordable housing projects located at 5695 Concord Road and 4340 Westridge Lane COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • 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 Randv Feldschau: Cause No. B- 210244 On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter in accordance with Section 551.071 of Government Code: • Bond Election 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: February 4, 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: February 4, 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 4th day of February, - Mayor Roy West - 38. f:;"oiunt.�raict. A yard Aiunouniounceniviicfl. 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. Posl htOlivery 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 nterfere 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 -elated 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 ',et iion 2: AIpIpendilces Transit Purchasing and Procurement Policy 23 jI���jI��� endli. 1: ..,"on tract Langti gee �f6 1, III" . Fuiindledl Coiti�lrac�t 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 j'uture grantfunds and any and all other damages sustained by COB/TMB. " Transit Purchasing and Procurement Policy 24 I Apperii(fix 2: Federal Clause, Matric(,% PROVIS10 NNS, CERTIFICATIONS., REPORTS,, FORMS, AND, OTHER -- MATRACES A. THIRD PARTY CONTRACT PROVISIONS (eXdL1CF1Rg micro-puirchases, except Davis -Bacon requireni,eflIs apply to contr�acts exceeding$2,000), MASTER AGREEM ENT PROVISION COMMENTS REFERENCE f1based on FA MA(30) 13-2-2022) --UIFTA Assisted Third PqrtContracts and S66contractr No F&deral Gcn,,erranenl ObhEationa to, Third Putier (Use of Disclamiem) FaLse or FraLvIuleat StatememL, ar 4.e Claiur, - Civil �md, Cmnma:, Fraud Access to,'Th "� Puty Contact Reemd. Clim6p-- to Fedend Rs , mranents 9 3j.(1) Eqi L--d Emplo�miew Oppomuuty (except 's�eciai DOL ccwt7actiom I" dair'R)) DUadvmtaged Bininesc E=e3pi!��s, Co=act awarded on the banisof a bi&Dimpoval offermg to use 17BE7- incozpwat= of FTC Tenns Per FTA C4220. IF.. T2 16A F'rQuipt Paymient 419 CTR 2,6.29, pr6hilmfio,n. On Celtam 2 CTR'-'OG, 216 Teleca=uiucafions Eqw1vulent FAR 52 21N-24 Air-h-rds Ex-re-edin S 10,0H Tem,L,imTtom y I I ,,md 1� 16.d.(2) Dz,ba=ent aid Sus—pe=.ion, Award: exceechng S25,000 ,4h Notice im FTA.and U S. DOT aspecior General ofvmte. fraud, Awm-& eKceedmg$25,OfjG( 3 9(li) ibune .. Lobbying, Awards P-VCee&' ng'$ I CO.'(100 4-cand. a Anar& Exceeding the Simplified Acquisition T1ut*Adx1 (51_'A0,0,00) Resohvof'Dtp-desT Breaches, or 71 9,319 Other 1.2tML3LGn Awarlds Exceeding S1 ISG,000 byqq iute Clem Air 42U.S.0 7401-7671qr � 16.d.(T) Clean Waten 33 U,S.C" 12,51-13,87 S 1&d.(7) When ta17g3ble pampet# orcow, 13-urnion will be acquLreel TEe thmnhoM fox Lry.. anca 11pp. ' "AbilLtir isno longo- tied to, ffie 9, 15 a and bi sunplified acquinifion threshold 'It L statutorfly fixed in 49 U.S. C., Note: The Sped a I EECD Clatise forConstruction is n(lowshown on, next pagP- Linder "Construction ActiVities"' for all contracts., Transit Purchasing and Procurement Policy 25 MENNEN= "�//,;'' fry°'%%;,. PROVISIONS, C ERTIF1CATIONS, REPORTS, 1=C9RMS, AND OTHER — MATRICES, — THIRD PARTY CONTRACT PROVISIONS (Continued) (excluding micro -purchases, except Davis -Baden requhernents apply to contracts exceeding 2.„000) ASTER AGREE ENT PROVISION COMMENTS Ts REFERENCE fba-se I an FA n l3ol 11-2-20221 Transport of Property or Persons c a� isam,c;+rmpea , 5�umble for' 1 {, -lupmdacq "IXIbenproperty a pw5rAw. ane trouponi d Fly Ammnra, try air b erween U S. aW fore 15.ti detidrandaem5, arbetiweu, famigaloc2dons.. Construction Activities C'oaastrwdora Etxa loy°ee ]Raorecdom Fcrr co=am -emcee f 52,orij- ?v 'l,d d.(� l — Dnr,is-Ean. ou,,Ad Cacasd-uedau Euuplayee PTWec.1aamE For cotataactsaace g$IC'1 5, — ContwtWork &icrm & OISIE Circe of Federal Fivamci d Ntuug,erem bss not adopted tla- Fes` Ry 16 d.(5) claque2 E01 $15o.0 O 5 nTIhd ffetpi � rod d=, art', ocgiusitm tiaaesiswold stsaiard.. C.omizuctaau Euaplary°ee kolecta m — I ec I Copelmd Am't9, .0 camel arts Mckba;ck Art U ron'=:= coatr'a P—mcepd=1 — sue. C, -C o ladv ;fir-1,.ackltsrlt .art periAEElOPrmsuaaofor Consarsa,tion AUc'ons=t co :acts n 1,6di.d3l Eondmg for Comuzratcavaam .unities s,kibnad panramtee bond,, E ace ' txf 7OCK pe a midpnmmae�t bond. s 1,6M laisaadcsiem %ousdl0�wrnon caomtw is�. Far ' �ilflld➢aH�,S� ar' , 23 .k y Vaterm's ptefEnuce All caams°tnxdrumca=rads 15at Non -construction Activities Far;all tsux5key', rollieaP's^ta.:k. and, apee'axCDmi contracts (exceprmmspCM1300, oast%un Er.apk7 yee'Pratecdan sera. es contracts and open g et — C aaa5ev YIGh aitS'l e!4Y.1L"6' $i ,0M ` _� S=1WoTlxd; A "ri,"4�"�t',Y' �P�,te7P71LIafP.;r1�. .tirt'.. CIS nffice offFedeanl Finamciod ? t mragea mt;his not adopted the FA claw .101 1MCCto iuWhfaed arquiudonthze,daudstuadard Transit Operations Transit° Enrapla�°�e 76°tmotecdti^e, � akara; cemaem- _4.d 5cdaa'i. S m ola�ffad -Y Drug CS - se and T ring i3'a q :Rnuw'T-' fttarc wn s„ 35,.b Alcakat M suse and Tesdaig; safiety -eusa=e ffrraclt,ums,7771 rj 35-1, Transit Purchasing and Procurement Policy 26 "�//,;'' fry°'%%;,. PROVISIONS, CERTIRCAT O NS, REPORTS, FORMS, AND OTHER —MATRICES X. THIRD PARTY CONTRACT PROVISIONS gContinuuedji (excNucdilirg micro -purchases, except Davis -Bacon requirements apply to contracts exceeding 52, 0o) MASTER ,A REEMENT PROVISNENICI COMMENTS lENT'.S REFERENCE barbed on EA MA 3 1 -2- tN2 ' 'lannfn M Re eair,li,, Development, am,d Demonstration Projects, F-ateit,,t Rights 17 Riffits in Data wd Cupyrlgfn-, Fj Y Spacial NotifhratIon Requirements too,, States Special Notification, Requirement F 37 for States i cellairleotifs Special Requirements Energy Conservation AD Contracts, 26 Contracts when, pmcrrrin,;g Recydred Products SIQ,000 crr MOM psr year of rterns designated hT, EF'AA. Prxhibiti m on. Certain AMP, Contracts 2 CFR 200 Aeppen [x If TeleccamrwnunxatoJom Egmpmeni CFR; 2,00.216 Confunnance with Tdatiionai ITS Contracts and s+igicitations foT ITS Architecture projects- AsI�A Access: C ontracts fair roIWmg°,hstook of § 12.h facilities constrircticrlirenovation. A�ssiginabiBitV Cfatrose Procurements through assignments I'"p'ugg"if rkBng')- �u LE.aa which rncarrporates FT'r"a circular 4220.1 Transit Purchasing and Procurement Policy 27 "�//,;'' fry°'%%;,. PROVISIONS, CERTIFICATIONS. REPORTS. FOR IS" AND OTHER —MATRICES TRIEE" A. THIRD PARTY CONTRACT PROVISIONS (Continued) iEXCILIddng, miic;ro-ptlrchaa,e�, except Davis -Bacon requirements is apply to contra.t:a exceeding $2,000) MASTER AGREEMENT PROVISION COMMENTS REFERENCE based oni FA IM ; 01 11-2-202 Planning, Research, Development, and Demonstration IProjects Patent, Rights fj 17 Rights in Data and 1 opyriEhts Special ot'i ica;tion Requirerrrients for States Spacial Notification Requirement, 3 for States iscellarreous Special Requirements Energy Conservation AD Contracts, F 26 Contracts when procuring Recycled Products $1q,000 ornnore per°dear of art -erns 1E,.d.(:10) designated by 'EPA., pro-bbitioul on C'en= AR Contracts �2 CFR 200 Appenolk I l Te1eca=ttt cattamy °u a c,FR 200.216 C>ornfo=rrnanoe with NatiznaO 75 Con tracts and s olucitations for ITS Architecture projects.. ADD Ar-Tess Contmacts fine rollhing stick or �12..IHn facilities constiructionire navation. ,v�ssin:ailit^i Cause,� Procurements through 1:6..a, which incorporates FTC oinen,ilar 4220::1, assignments l("ptpbacEii ").. Transit Purchasing and Procurement Policy 28 "�//,;'' fry°'%%;,. PROVISIONS, F.ERTIFICI-ATI NS, REPORTS, FORMS, AND OTHER—KITRICTS B, _ PP LIF'AII ,IT"Y OF THIRD PARTY F -N°TR-A CT PROVISIONS (exchuiling iauc3,0-i chases,, a ept Dnir-Bac a IequirealE ffit: ap Ply tocontract e eeednr ., 0t ' ME OF FROCI ME_NT IgI1,OAITSION Professional goei"t�tlrbn'm�" P offi g Stack tack o'�s°truvla l7alaterdnp„a & Management purchase o Federal o rerranent Obligatim, to Third Parties All Ail Ali All All rise of a Disclaimer False Steementscr lunh— Civil and Criinirral Fhaud All All AH All All Access tc 'Durd;P'=y Conmizt All All All All All Ftec ord Clbang,es to Federal Rey aizements All All All 'u All. Temrraina:tion m. lil..AD 110,000 '40.000 • 1f1_d 0 $10,000 Equal Employment Oprprortim uty All All All All, except Special DOL EEO clause for construction it ects) Sprecral L' OL EEC) clause for :IKOOO constnictioll proi,eds I tsadvintamred Ru,,:area All Ail All All All Erne rm es(DBEs) I'ncorpor.ataonofFTATerrras All All All .mil All Debarment and Suspension >$25,000 $25,000 ,, 25, 0 25,000 425,000 Buy Aluenca, 515 0. 000 �M1 r�,� � - lf0,'l '0 Resolution ofDisputes, Breaches, 250,0 4250,0010 $,251100 ��SL,II t1 4250, or Other Litigation LoWing >' 100'0 ''0 ,$Ioo-, too >5100,00 IINIO D $j'0'lt. Clem Aix " 15G'000 ::i150,000 �:'$150'000 > 150,I ' ,Iearm W ater -4150'00 1 f r, ll 15 il. i 0 >$15'G-.1D00 1150,000 't.arE.ha P'Ieferenc'e Td'"irr pxt by Transport 'y Transport by ocean vessel. ocem vessel. ocean ves iel.. Fly Amen ea. Foreapr air Faremplair Foreip air Foreign air Foreign air transpr (travel. transp. trariT. i�Imspa. tra.Mlp. itravel. 'travel. Itiavel. traMrel._ l+u'o ce to FTC. and U.S. DOT $2 ,000 or 25A00 or $25.0 or 2571 or $25,000 or Inspector Genend ofInfonnatio'n More Prime More. hime Mare. Pm•iane MICTe. Prime More Pfime Related toFraud, ' aste etc. and Subr and Sulu, and Subs, and Sub* andSubs Proumpit Pa;wnent All All All All all Transit Purchasing and Procurement Policy 29 "�//,;'' fry°'%%;,. PRON-ISIT N' S, T.ERTIFIC'.-kTI -NS„ REPORTS, FO IS, ANT OTII'.ER—I49 TRI ES B. AIyPLIuE, BIMITY O-r THIRD PARTY CONTRACT POVISJU (Contieruted) exclxula' m3cro-PurEmes. eN.„ t Dmis-B3CM3.requinmenft, 3pplytG c inicticai cmar-"acts e¢cee,din $1000) TITEOF PROCUREMENT Professional pe"rationsd Ralling Iiiartkiah' PROVISION Meru°iet VAk �"" �Iant�l�eaaaentStock COM' Sfrtut-tion Supplies P)Ur lua'r:.se. �y Davis-Etaccau t ^' � f,ph� �C°et�m�J.l�"referer�e "�1�IJ � CVntract or Yams seed Safety 2 50„000 2 a .i00 ,$250,It ' Standards, Act' (transportation (also ferries). service excepted) C,opehauurl uti-Kicla<Eurk Act Section 1 All Section 2 0 (2110 ferID-le�1. E-onchn . 250'0 'Seisnidc SMa%t), A E for new ',W ei,v b%u» dulls & buildings & additions- addaimis. Tr.sit Employee PmAecdve Trmsit .«'gran euuuents operations Charter Senace0peratimu, All School Deus r-a ioau',o All Dnig Use auucf'Testivag Transit operations Alcohol fwlisuse amrl Testnig Tram t Opeiaholis.. Patent F,,i: is R & Liu Rights in Date ;a nd Comghts R & D Ever gy Cbinsen,ation. All All All All All Recycled, Prod!icts EPA, select l EPA -selected EPA -selected item, SIO,,0100 iterasSIOMO item,. IOX0 or more or more, or amore asaaivagDV. auuuuutall:y. aauJulaally. '.Seat Belt Use AU Ali All all All Distracted Dn—Ang All, All All All All C`unforrrxance livith ITS National ITS projects. ITS projects. ITS projects.. ITS projects. ITS projects. aUvltecftue ADA Access A&E All All All All Notification of Federal Limited to Limited to Liaaaited to Limited, to I iinitevi .to Fardelpaton for States; States., States;,. States.. State, states_ Prolubition on Certain All All All all All T8ecorumimlica'bans E uu', gent Transit Purchasing and Procurement Policy 30 PROVISIONS, CERTIFICATIONS, REPORTS, EORINIS, AND OTHER—NLALTRICES, (.;E TIH T,10N, ,,FEPORTS,.$"DFOP—A.IS C" TdF1C°e"k"TICb]C S, REPORTS, CL' REGULATt:MRY AND FI'lLJ'"�cf S REFERENCE .Ul piocu ."enient of new model tear zrt' 1` ui; TeStrnp,; CeltrdCahon bmen, and vacs and ematnL.gmodeL a being 49 t_ FF. T'aat 665 Luodi ed-n,.Ld1 LTdajur changes. TV24 Cartr'frcatmona Ali loLl'i ,'g, stock procivementz. 49 CFR R-nt 26 Procma1i'6'ecls +Of' to pl'Jrom 7Y71aaCuhch S"ed BR'L'," A1YYaica 1_eLtifcafton prOdLLcta andcowtuenon Mater'Lala 49 CFR Part 662 emeeding, F150, ,.0. Pr saaard T e+, i F'TA Annwaal Gfft<8 anm .For any rya ink 49 FPw 1?sat 663 st k procam'ement. PrLa,mud Buy,4unaxa aldn,- 1toc� pr Lm-ementy exceeln 49 C"F�`' pmi• 663 'C,el fic'atID:F,m 1 0.0'0'0.. P,re3vo'ard Pm chaser"a Reqllm'ement', Ali roffing stocI pi. c1.Il'oauANe:T9k'.v.. 49 CFR Pcilt 66.3 Pa:.t L1e:1w e 1a FTA�d Annual CeCtrfricatL�L+, 13or anyYc4lin L C"FP F aLt 663 etk pmLaclm-eznent. Rxt Dice rver.M' Buv Am, enca. RoIdR�' stock piwc1Ll'ementz excee&zg 49 C�FR Pml 663 cedifr:,at&gym,. 1 50.900. Pect Dohvez7 Ra-dumez's Ali roffinp sstoc'k pa .tin?ea aenb to flLe. extemi 4C,F P aLt 663 F� eL-tLruammpnt Lwa+�Lurred by Federal, LaLawand, rLeguiaus.on FLOULAg Stork except fat, procLuemen -: Rif: -10 o1 feiver vehicle's., - "NO cm Fewer velrlcle s Aivur g rw al (pther t zuu bani.ed) areal ar urbanized arias or:' On -Sate 1l rpector S F,,-POLL 200,000 people or f w,=e,- 49 C`FF, Paat 663 - Wp mnount of pninr,ary S em-LLfa-0'_hwed, stmida-cl. p4oductan and 7 avrncyl9ifLed. duct a:fljpr .-isua;l im.pection tmd svnd teytin'g meet the -c°,arztract specm!6vznor7w. Federal Motor Velrrcle Sa Fettl" ataadaa . _ Pre,31%12L`d amdPo-t Motar'L`eh-L-cte trr,mcm-emente, W,49'C"F' . 571j.. 49 CFll. Pant 663 1.teh,,- ay Re•awew.a^.a 011 Offize of Federal,. Fmm11w'�ial Mma7 geme 3t has Lobbying Proclu°eider h emceeiiiingg S 109.0 _ not adopte d FAR 2. 3 01 1 0,000p ann.ph6ed, acquaidem tL.Le-.held sta ,dma-d. 49 C'FR Pant L Ctl U.ve of FsderK-d Standand.Fom LLL and Qumf ly Procurement, excee LItGS wwLr re FRnamial 1-Yam entha,s Updates �7wlien me>cun%-dj camb-actor en a'ge� in lobbyLng a-ctL Baru ,. not adoptedFAR. 'T'.101 150.000 T.iL PlLfed actImr anon Exe Bold xtaL�IaL�L. Transit Purchasing and Procurement Policy 31 PRON I I N'�5. CEICTIFICIATI NS, REPORTS. FIJRAI ,AND TIE ALkTIt_ICES D., T'IIEI 'MATTE :S- TT i TIE STATU' OE.11" OR REGU7L'�:T� FE'FE1, t_Es; omtracl Adrnmxxi tration System , ReCcEd Gfprociremani &%r y 2 CFR 2,00 3 i 8f, q Protest R-oceduyes CFR "100.3 fl Se2ection R edmrm-em Cott?Lice ai°y d "FE., SIN =3 Ir. of cafton for None m1petmtive I�"Appheabie. ��.k�mr& p _ C FR 9 2003 _0 c. No Erce::5rmk- Sonximg .e" aExC, DUMP Spe! ificaftam 2 te'FR § 200 319(d) () No Creograpiuc PTe renceS ExcW fba A&E"&lEnwey Transit Purchasing and Procurement Policy 32 Appendix : F'"I'A l Il. o.ttcllor 1V rovisi u�vi 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 hinds. Separate requirements for rolling stock are stated at 5 323 (j)(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. Enemy 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 Lbove 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 -parry 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 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 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 Indemnity) 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. Co-itractor 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 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 1 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 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. Tprminatinn 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 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 tfis 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 ameunt 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 i£ 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 fry°l%%;,. 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 tenninate 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 Litization 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 fry°l%%;,. 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 _nclude, 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 9 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 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 leas. 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 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 equipmert 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 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 "�//,;'' fry°'%%;,. 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A r, 9,i'wn'a u,mp'mtl r *dS aurex."rur it ra rr"indullamau>nn't � : ar o�wrand�m' wry ��;� ��alna mawl�rr,�d`rYlp aa�ln laowaal go�rx�,rn���ntal armtSll�. heck the I�oxit,you are, fidipl'ng arrw�upd ale mroawtlu eviouurlyfiled �u eswl�n gun I�1 e � ft drA��w re day Thal I'.xi ble ulcer Uq.lalf�:d Ibe an wwh,,chi yyola became e ra'weaae lhat,, thaa originally fifkld mlrar=:wllrprnaure was urrrgnrrraYp,-1p a°sr hraaeW� �w`rsl . ? , Name of local government olllciar;aboul whore the information is beingd1sclosed.: N asrne cl i llrcer Desorlb-e each employment or other busyness relefignisllwl+p'with the local government officer„ or a tarwrllilyw ineawbef of the ofhcer� as deavibed by Section l'��,�����i� �� �' Also describe aniy'ta9wlll ',re lation ship, with the local government cll�lDer, Complete wbpamts Aand B for each employment or bualness relatianship described, Attach addMonal, pages to, I a prmrrin CIO as nee saarry,, .A. Ilc the lDaal gavernrment officer wa Iarruly Nnern ber of ll"& w'wllieer re -wring rjIr hhke?, to rmrer^eve ue.xea,ble lncrrwie, cgher Ih, nv lme'alrwlrrent rwrx;crrme„ lronm the a (ix? ' n � fi" H. llf the vendor recffrwng aa�m filtely to iem.�r'we taxab4e wrzorne, at6 r Phfawr, Inveslrnenl ancurne, frrarn'w or at Ihe,.tzr:a..lm.^trr 0 dire lorawal gfa'wrearnrraerrl oolllw-�&,r or a lla3rnrll+y member al the officer AND the lnxaLare %rinc am e cs no[ recenwarf lidkwl I there al g raernrar mmhsl aMly+ .y"; ; 1 l is Descrlheeach anp yentior businessratall ship, Metthevendornam-ed in'Seelfon 1 mainlaims with.a oorporal-Join or other business anfity with respect to which, the, local gava~eiamment o4ficer agar—i as an iatficar or dfrraclor, for (holds an owneirship lnlere at of one percent or, more, �t. ElChi' INN ibmc rl the Yerdar has give -ra hho locia'kollicer or o laernrly rnarr mber of the aflicef npwaaanr cadre glis as descnbrac ln w;acurumr .p"hr�+.rkN��rufTl����l�,l, e:Budlunggills deNrrftreard Ila- Sau;lran 'l7ulwg0�q',a t� �l r:lpoulGwiidda wc.rrro�eur olarra roar au ... n w lllz w er r r,rrruo a r rkamwu°rEdtlln F'a n'n pawded Lop ramva� l.rgan..4; coeruwr kts-i&I wawvM,'r.-II1 etra C lu..w a.ua.a Revived d tr2021 Transit Purchasing and Procurement Policy 50 COAFLICT OF IfLITIMEST OtESTIMNAA11 RE A Cornpl6to Cbpy of OKOpLar 176 M, the Local Cla,vornrneiv 0000 may tea found al [011P.PWWW Pot 00.1y r0fairence, bolow are sorrre of the sections ckad on ltiis, iorrrt LpoatapyernmeM, Co4a § 1T6.f1O1j1;-aj. "gusu'loss frtearis a a'OrIj"iOt1id,,I betWOCOI tWO or rtropa, parlies, based 0'ri afiovil� al iOrre 01 tttu igarMaS, Tho 101ril does rot hsickide a 0,',A) aliraflsay,t'iain that is Subject to rate orlon regulaburl by a todaral, slab, or locail �FjvorrtrrieriW erltft or art apoix�y at a federal, stale, f),r ioraaj govorintTiontal Oroi"iy: 18f a OcirlOicted;pt a price.a,rid Sublacl 10101"ars aviada`lml0 to Ole public; or a Pur l7 sa Or wissa, 01 quod',s or ser as frurria persm Ih,,W its C,"harte4rod tlya Stata Ortedo. ral aqertl�ya.rid IVEM, "is' Subjer"I 101wgular exari'linaIiain by''Ond, roporlf"rig to, that agoriLv- L W Government Code § 17&003qa)O)�A� an A looal goverrimerd officer SIIWJI Me, a corfl]Ws disclosure 53atenieril Yvith reVeot to, a veirWor U- J�2) the vendor, (AFras ari Omptoyrrienf oiroltvr,buskiess relatioriship with Hie officer, oi, a fia/mily itiorribar ul lhaolker Vial te-sulls, in Dvolfiror or l"amily rrrerfter racOivifng taxoblo [,riwitie, oltier Mari invalirrant iricorrie, thol exceeds $2,,560 dup,ir,xj the T2 -rnorlti period prerodiing,Via damn ffiat the olfter tlownes aware thjot 'ji) ifla Ocal gbVaIrri"nanta , I Ort"IfIly is Cal"Istdorniq OrI106),fig irilo a writlaell mehl Mo P'Iag .0oveyn to Ifr8 k'", lgovotrirnorll UlfiicO'For a, logiiily rrion'liVr Of the ,01,1k,,ororio or rnoro Ilrat havo ail aggrogale valpo 101 rnofr4 111,ah $100 in Ifro 12 fnofljh� p0r'kid prat, t1i oirvA8 aware, 'Plat! ii j HIO focal govw,,inorltAl 01,11i'ly is cosrtisidaairtgl etit o-drig, irilt tA conlrOU With the vorrdor- L Oql GqLptnmqnll Code §, 176.00Majond fa-1) J,A) A venoar shall file a ccrir ale OAl"fick Of irqQro:M qLje:AionnaArq it YNo-yondorfiag Ot 141dsino" rolahariship 11 tias, �jrtorriployrriorfl or Othar WSk"ibsit relalkinth"i, V6(h a h3col gin'Vernir"Oftl OfFk*'r'tA that; local govornmailIM Vnfity,,01, a farndV rriortibar 04 gh,' offioar, dewribod by Saction 1, 76.005(A)(2)(A): (2) has gtv"Oel a local govornirfloriloffi0or of Ilsol II CAC gova"trunof"ItNi antilv, or 0, 11,10 or rriore, gifts MIh ItIa, aggrogale valwy specified by Six1ion 176-00Ala) 02)(8 axaiothrq arty by Socliort 176,=(a T):; or (3� has a fianitily rolatibrisfiip wiOi a, local govoirrr,110,11t offitaf of Mal 10001" govorl."Irneft'141 er"IMY. J'14 1') 'rtla Oomploto Li'Iteresi 4pit"'IWkInnaire rriustba 11flO witli the appt4t'�ate tocords ardirnkrils1ral or nifil I'alor Man trio, Savorflfi bLi �418ss do,,y ahot'1110, la[orijl: (1) vefld'ot: JAI Lmigirls, dhowjSt',iorrs t,)ir to, Onjor 4,11to a corilracl wkh Ifta lote.1 govotrurtorilal iarrfi,'Jyor (8) sut')Mltr 10 l?Ie local gov'ertirrionlal aiii4tV an apptr , COLicirt., r0spOrIMI tO ar,0f4u&M t0rpi,0014sai6, or bide, OorroSptmldonw, Or ainathor wridi", related o a polt orfllial c4rAract wit"i'l tho l� (2) 1h,0 U010 the weridor WOUIWIOS, Awaro- �kAtd On erriplopiord Oroth'Or" business riolafionshiip With a lotaligoverrrMtrIj Of , k8t., Ot i% lamwniorlit),arof thaoltimt, dasuibod by Subsection, ta); (8 I, that the Verujor Nis varl 000 Or rftOrei gilts clesuibed by Subsoclilorl �a); or 1,C) of , larruly with a IoCal governmord offirlor. Form pr:widad by'finafs, Gomlmkskryow&e1hids 'MIII'!.[x gA Reyhod 11r,"V2021 Transit Purchasing and Procurement Policy 51 MENNEN= Transit Purchasing and Procurement Policy 52 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 ..BI"I'M13 Fticmi Single Bid Analysis Checklist Solicitation 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 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 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 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 (:"OBI'YMJI Forria #6 Independent Cost Estimate (ICE) Summary Form 91 0�� Independeirit Cost Esliniate Form. ................................................................................................... Method of Pr(w ar en ear r. [Select One]: E Micro Pura ha se El Sinall Fufchse- ESealed Bid bequest for Prop s at WP) E" Request ferQualifications i(RFQ) E]. NmZDmPeddve,(S'/aLe S/Dufce) GSA Scheduled Furchas-,'s .................................................................. ; ............................... P ro* t T!kk: .................................................................... Type of Work [Sclec t One] 0,,' Riblie-Woiler Goods and Dwfaletials, Prof6ssionad S,,en,ices D, Arc hitecturat'En ineering Service-,, ................................................... ....................................................................................................................................... .......................................................................................................................................................................................................................................................................................................... Seop e of Wark [[Plense '"roil ck a Brief DescripNov qfthe Mark.r& be Pvfiwmed 1: ............................................................................................................................................................ ........................................................................................................................................ Are0a,gft Widifit dwesholdJor procureukent method.? AreCasts. witbintltreifioldfur work, qiRe? NND NNO ........................................................................................................................................................... ....................................................................................................................................... I Total E-s rinia te, ............................................................................................................ :'th,'� a'&o' v"e'.: - u'.. ii-f-i Y.- r-ma d m is true to the best c, f m y$m ov, le. dge- ::Pfapw�--r' 5 Si�E�M twe Transit Purchasing and Procurement Policy 58 MENNEN= C '; TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: February 4, 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 4th day of February, - 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 (15t") 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 SIZE YEAR ONE YEAR TWO YEAR THREE YEAR FOUR IYEAR FIVE 305/70R22.5 See Attachment "A" Bid Form IFB#2024-003 275 70R22.5 225/75R16 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 tha-i 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 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 8 275/701122.5 J 18 6 58,000 0.01 1085 $0.0000$30 860.64 2016 ENC 3 305/701122.5 L 20 6 47,000 0.009059 $0.0000 $7,663.91 2008 NABI 3 305/701122.5 L 1 20 1 6 1 30,000 0.009059 $0.0000 $4 891.86 2022 STARCRAFT 8 225/75/R16 E 10 6 25,000 0.009042 $0.0000$10 850.40 2019 FORD 2 225/75/R16 E 10 6 4,000 0.009042 $0.0000 $434.02 2024 GLAVAL*** 1 225/75/R16 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 8 275/701122.5 J 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 1 3 1 305/701122.5 L 1 20 1 6 1 30,000 0,009798 $0.0000 $5,290.92 2022 STARCRAFT 8 225/75/R16 E 10 6 25,000 0.009780 $0.0000$11,736.00 2019 FORD 2 225/75/R16 E 10 6 4,000 0.009780 $0.0000 $469.44 2024 GLAVAL*** 1 225/75/R16 E 10 6 33,000 0.009780 $0.0000 $1,936.44 TOTAL PRICE FOR YEAR 4: $59 818,65 $0.0000 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 8 275/701122.5 J 18 6 58,000 0.011990 $0.0000$33,380.16 2016 ENC 3 305/701122.5 L 20 6 47,000 0.010190 $0.0000 $8,620.74 2008 NABI 1 3 1 305/701122.5 1 L 1 20 1 6 1 30,000 0.010190 $0.0000 $5,502.69 2022 STARCRAFT 8 225/75/1116 E 10 6 259000 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 339000 0.010171 $0,0000 $2 013.86 TOTAL PRICE FOR YEAR 5: $62,210.86 $0.0000 ***Glaval unit has not been placed on the street, mileage is estimated zt 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 CJ Messmer Director Si;;natur��, Printed Name Customer Operations and Aftersales Care 12/5/24 Title Date IFB2024-003Tire Lease 17 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenny Smith, Director of Facilities Maintenance MEETING DATE: February 4, 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 4th day of February, - Mayor Roy West - e \ ) { § ƒ % ƒ 2 a aj 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 o 2rj O \ \ / 0 % 3 / e k _ $ � � e :e x }x k 2 3 \ 2 k / � m ai m h % 2 \ E _ _0 � 0 « e \ / 2 Or E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Duncan Brown, Assistant Chief Financial Officer MEETING DATE: February 4, 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 4th day of February, - 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: February 4, 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 4th day of February, - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Director of Public Works, Interim MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider a resolution approving the purchase of one fire truck. BACKGROUND A 2028 Pierce -Custom Enforcer Pumper truck will be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $1,150,932.00. Designated to be Engine 10, the new truck will be housed at Station 10, located at 3855 Washington Blvd., and will replace unit 7053, a 1998 Pierce Pumper truck with 173,005 miles. It has exceeded the expected service life and will be disposed of according to the City surplus property policy. Pricing was obtained through Houston -Galveston Area Council (H-GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas' procurement statutes. Funding for this purchase will be included within the projected FY28 budget. Due to a limited ordering window, we need to secure our order with an early purchase order and resolution. Payment will be made after the City receives the equipment and when invoiced. The City will then issue a reimbursement resolution, prior to financing. The manufacturer's warranty is twelve (12) months. Delivery is expected within 37-38 months. Quote is attached. FUNDING SOURCE Capital Reserve Fund — Funds will need to be budgeted in FY2028 RECOMMENDATION Approval of the resolution. ATTACHMENTS No Text 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 the purchase of one (1) 2025 Pierce -Custom Enforcer Pumper firetruck from Siddons-Martin Emergency Group, of Denton, Texas in the amount of $1,150,932.00 through the Houston -Galveston Area Council (H- GAC). 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 4th day of February, - Mayor Roy West - Siddons Martin Emergency Group, LLC 3500 Shelby Lane Denton, TX 76207 GDN P115891 TXDOT MVD No. A115890 January 13, 2025 Jeff Harville, Fleet Manager BEAUMONT FIRE/RESCUE 400 WALNUT ST BEAUMONT, TX 77701 Proposal For: 2025 Beaumont Enforcer Pumper Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to BEAUMONT FIRE/RESCUE. Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery FOB BEAUMONT FIRE/RESCUE and training on operation and use of the apparatus. Description Qty. 1 - 1181 - Pierce -Custom Enforcer Pumper, 2nd Gen (Unit Price - $1,150,932.00) Delivery within 37-38 months of order date QUOTE # - SMEG-0007451-3 Price guaranteed until 2/28/2025 Amount Vehicle Price $1,150,932.00 1181 - UNIT TOTAL $1,150,932.00 SUB TOTAL $1,150,932.00 HGAC FS12-23 (FIRE) $2,000.00 TOTAL $1,152,932.00 Additional: 'Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible. Persistent Inflationary Environment Notification: If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID: WPUID6112] (the "PPI") has increased at a compounded annual growth rate greater than 5.0% from the date of acceptance of this proposal letter (the "Order Month") and 14 months prior to the anticipated Ready for Pickup Date (the "Evaluation Month"), then the proposal price may be increased by an amount equal to any increase exceeding 5.0% for the time period between the Order Month and the Evaluation Month. Siddons Martin and Pierce will provide documentation of such increase and the updated price for the customer's approval before proceeding with completion of the order along with an option to cancel the order.' Proposal 2025 Beaumont Enforcer Page 1 of 2 January 13, 2025 Pumper Taxes: Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the apparatus at the factory. Late Fee: A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first 30 days. The late fee increases to .044% per day until the payment is received. In the event a prepayment is received after the due date, the discount will be reduced by the same percentages above increasing the cost of the apparatus. Cancellation: In the event this proposal is accepted and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons-Martin Emergency Group may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (A) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (B) 20% of the Purchase Price after completion of the approval drawings; (C) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons-Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons-Martin Emergency Group upon sale of the product to another purchaser, plus any costs incurred by Siddons-Martin to conduct such sale. Acceptance: In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons-Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of Texas. No additional terms or conditions will be binding upon Siddons-Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer of Siddons-Martin Emergency Group, LLC. Sincerely, Cory Frankum I, the authorized representative of BEAUMONT FIRE/RESCUE, agree to purchase the proposed and agree to the terms of this proposal and the specifications attached hereto. Signature & Date Proposal 2025 Beaumont Enforcer Page 2 of 2 January 13, 2025 Pumper // j TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Director of Public Works, Interim MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider a resolution approving the six (6) month contract to supply asphaltic concrete for use by the City. BACKGROUND The Public Works Department purchases approximately seven hundred fifty (750) tons of asphaltic concrete for various projects. The initial term of the contract is six (6) months. At the end of the initial term, the City has the option to renew the contract for two (2) additional six (6) month terms at the quoted prices. A total of one hundred ninety-four (194) vendors were notified via email, with additional notices posted on the City web page and in the local newspaper. One (1) bid was submitted. Texas Materials Group, Inc., dba Gulf Coast, the current contract holder, submitted the sole qualified bid of $91,625.00. This is a decrease of $375.00 from the previous bid submission. Bid tabulation is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid Tabulation - Asphaltic Concrete RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were received for a six (6) month contract, with the option of two (2) renewals of six (6) months at the same pricing as the awarded contract, to supply asphaltic concrete for use by the City; and, WHEREAS, Texas Materials Group d/b/a Gulf Coast, of Cedar Park, Texas, submitted a bid in the estimated annual amount of $91,625.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by, Texas Materials Group d/b/a Gulf Coast, of Cedar Park, 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 Texas Materials Group d/b/a Gulf Coast, of Cedar Park, Texas for a six (6) month contract, with the option of two (2) renewals of six (6) months at the same pricing as the awarded contract, to supply asphaltic concrete for use by the City in the estimated annual amount of $91,625.00, as shown on Exhibit "A," attached hereto, 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 contact with Texas Materials Group d/b/a Gulf Coast, of Cedar Park, 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 4th day of February, - Mayor Roy West - e $ OP / § ) ° k a ° § CL cu / E $ aj � . \ / A Ln \ 2 f x O § \ o 6 cn \ oo 00 \ \ / a) 0 / 2 k ƒ I;d- k � � « 00 2 k J \ o \ Ln q fu o m u M / \ 0 E u e � '\ k \ k ) \ \ \ e / � X ./ 4-1 / /c k u F- (L) 2 $ u � S u / > / 4-1 0 0- o @ \ 0 \ 0 % 6 u & g = I G ) o / \ \ 0 � 2 \ E G > > \ m % / \ N _ % E [ % \ 2 $ > R .x - a)0 7 e e e O= u _ £ W § o CL® ) w CL / E 2 u e \ z/ In k k k C c a © IX G 2 u e u = x 0 � ul / w w Inv h TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Duncan Brown, Assistant Chief Financial Officer MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider a resolution to enter in to a contract for grant application and administrative services. BACKGROUND The City solicited proposals for grant administrative professional services for the Hazard Mitigation Grant Program (HMGP). The HMGP includes state action plans from Severe Storms DR-4781 and 2024 Hurricane Beryl DR-4798. The firm is to assist the City in preparing application(s) and, if funded, implement and administrate the receipts of said funds. Two hundred thirty-five (235) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Three (3) proposals were submitted. A committee of three (3) was selected to review the responses. Gary R. Traylor & Associates of Tyler, TX received the highest ranking. The proposed Post -Award Cost is 5% of the successfully awarded grant. Scoring summary is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Scoring Summary - HMGP Grant 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 a contract with Gary R. Traylor & Associates, of Tyler, Texas, for assisting the City with grant administrative professional services for the Hazard Mitigation Grant Program (HMGP) 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 4th day of February, - Mayor Roy West - IIzamisilm— I J RON 31i i1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider a Resolution authorizing the City Manager, the Director of Planning and Community Development and Transit Management of Beaumont to file applications with the Federal Transit Administration. BACKGROUND The Federal Transit Administration has recently required entities who receive grant funding to execute a resolution authorizing designated officials to file applications with the FTA. To remain in compliance with FTA standards the City Council must consider the following: The City Manager, the Director of Planning and Community Development and Transit Management of Beaumont, will be authorized to submit applications for federal assistance on behalf of the City of Beaumont to the Federal Transit Administration (FTA). This includes funding authorized under federal statutes such as 49 U.S.C. Chapter 53, Title 23, or other applicable programs. For Urbanized Area Formula Program funding (49 U.S.C. 5307), the authorization will specify whether the City is the designated recipient or has approval from the designated recipient to apply. 2. The City Attorney will also be authorized to submit all necessary certifications, assurances, and other required documents with each application as mandated by the FTA to ensure grant eligibility. 3. Lastly, the City Manager, the Director of Planning and Community Development and the Transit Management of Beaumont will be authorized to execute grant and cooperative agreements with the FTA on behalf of the City. This authorization will allow the City to meet federal requirements and efficiently pursue funding opportunities while maintaining compliance with all applicable regulations through the FTA. Affirmation of this resolution will not negate the routine and required processes for the City Council to review and approve grant applications prior to submitting or executing a contract with the FTA. FUNDING SOURCE Not Applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53; TITLE 23, UNITED STATES CODE, OR OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Federal Transit Administrator has been delegated authority to award federal financial assistance for a transportation project; and, WHEREAS, the grant or cooperative agreement for federal financial assistance will impose certain obligations upon the applicant, and may require the applicant to provide the local share of the project cost; and, WHEREAS, the applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 1. That City Manager, the Director of Planning and Community Development, and Transit Management of Beaumont are authorized to execute and file an application for federal assistance on behalf of the City of Beaumont with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, title 23, United States Code, or other federal statutes authorizing a project administered by the Federal Transit Administration. (If the applicant is requesting Urbanized Area Formula Program assistance authorized by 49 U.S.C. 5307, either alone or in addition to other federal assistance administered by the Federal Transit Administration, the resolution should state whether the applicant is the designated recipient as defined by 49 U.S.C. 5307(a)(2), or whether the applicant has received authority from the designated recipient to apply for Urbanized Area Formula Program assistance.) 2. The City Attorney is authorized to execute and file with its applications the annual certifications and assurances and other documents the Federal Transportation Administration requires before awarding a federal assistance grant or cooperative agreement. 3. That the City Manager, the Director of Planning and Community Development, and Transit Management of Beaumont are authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of the City of Beaumont. CERTIFICATION The undersigned duly qualified the City Manager, acting on behalf of the City of Beaumont, certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the City Council. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of February, 2025. ATTEST: City Clerk - Mayor Roy West - // j TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tim Ocnaschek, Chief of Police MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount up to $90,000 through the U.S. Department of Justice, Project Safe Neighborhoods Block Grant Program (PSN). BACKGROUND The Beaumont Police Department is currently sponsoring a coordinated effort to reduce violent crime with the US Attorney's Office, Jefferson County District Attorney's Office, Department of Public Safety, and Federal partners. The Project Safe Neighborhoods Block Grant Program (PSN) was established by the U.S. Department of Justice, Bureau of Justice Assistance to benefit neighborhood safety, and support reduction of violent crime. This PSN grant application requests overtime costs in the amount not to exceed $90,000. Personnel costs will allow the dedication of time for personnel to gather evidence and analyze data on violent offenders, with emphasis on repeat offenders and identifying locations with a propensity for violent crime. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Project Safe Neighborhoods Grant Program, FY2026 eGrants RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont that the Project Safe Neighborhoods Grant Program (PSN) be operated for the fiscal year 2026; and, WHEREAS, the City of Beaumont agrees to provide applicable matching funds for the said project as required by the U.S. Department of Justice, Bureau of Justice Assistance grant application; and, WHEREAS, the City of Beaumont agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City of Beaumont designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont approves submission of the grant application for the Project Safe Neighborhoods Grant Program to the Office of the Governor PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of February, 2025. - Mayor Roy West - Grant Number: 1/27/25, 2:47 PM Project Safe Neighborhoods Grant Program, FY2026 I eGrants Name: Project Safe Neighborhoods Grant Program, FY2026 AvadaUle 12/16/2024 02/13/2025 The purpose of this announcement is to solicit applications for projects that are designed to create and foster safer neighborhoods through a sustained reduction in violent crime, including, but not limited to, addressing criminal gangs and felonious possession and use of firearms. AvailableFunding: Federal funds are authorized under 34 U.S.C. §60702 Project Safe Neighborhoods Block Grant Program (PSN). PSN funds are made available through a Congressional appropriation to the U.S. Department of Justice, Bureau of Justice Assistance. All awards are subject to the availability of appropriated federal funds and any modifications or additional requirements that may be imposed by law. IIE.:; IIIigflble Organizations: Applications may be submitted by public and private institutions of higher education, independent school districts, non-profit corporations (including hospitals and faith -based organizations), and units of local government, which are defined as a non -statewide governmental body with the authority to establish a budget and impose taxes. All applications submitted by local law enforcement agencies/offices must be submitted by a unit of government affiliated with the agency, including an authorizing resolution from that unit of government. For example, police departments must apply under their municipal government, and community supervision and corrections departments, district attorneys, and judicial districts must apply through their affiliated county government (or one of the counties, in the case of agencies that serve more than one county). Application Process - Applicants must access the PSO's eGrants grant management website at II; „;spa, ,:;/ „i� „ii „i, „wc �a ,..1a2, ,s.,,g , ,to register and apply for funding. https://egrants.gov.texas.gov/fundingopp/project-safe-neighborhoods-grant-program-fy2026/print 1 /6 1/27/25, 2:47 PM Project Safe Neighborhoods Grant Program, FY2026 I eGrants Action Funding Anouncemtent Release Date 12/16/2024 Online System Opening Date 12/16/2024 Final Date to Submit and Certify an Application 02/13/2025 at S:OOPM CST Earliest Project Start Date 10/01/2025 Project Period - Projects must begin on or after 10/01/2025 and may not exceed a 12-month project period. III.....' u urm d ui un g III,,,,,,evels Minimum: None Maximum: None Match Requirement: None Grantees must comply with standards applicable to this fund source cited in the Texas Grant Management Standards (�, , „. 0, If ,d,,!!41,,,,,,�U„i��,ii;foirii��,,,,,, „i�,� „ii;�;t,,,,, _ _ijda..�,c , and all statutes, requirements, and guidelines applicable to this funding. II[.:.]IigflbIe Activitiesin o s t Funds may only be used to foster and improve existing partnerships between federal, state, local, tribal, and territorial law enforcement officials, including the United States Attorney in each Federal judicial district, prosecutors, and community -based partners representing members of the community affected by increased violence, victims' advocates, and researchers to create safer neighborhoods through sustained reductions in violent crimes by: 1. Developing and executing comprehensive strategic plans to reduce violent crimes, including the enforcement of gun laws, and prioritizing efforts focused on identified subsets of individuals or organizations responsible for increasing violence in a particular geographic a rea; 2. Developing evidence -based and data -driven intervention and prevention initiatives, including juvenile justice projects and activities which may include street -level outreach, conflict mediation, provision of treatment and social services, and the changing of community norms, in order to reduce violence and foster community trust in law enforcement entities; and 3. Effectively utilizing intelligence and data to identify violent crime drivers and individuals at risk of violence victimization or perpetration and collecting data on outcomes achieved https://egrants.gov.texas.gov/fundingopp/project-safe-neighborhoods-grant-program-fy2026/print 2/6 1/27/25, 2:47 PM Project Safe Neighborhoods Grant Program, FY2026 I eGrants through the Program, including the effect on the violent crime rate, incarceration rate, and recidivism rate of the jurisdiction. Eligible Costs: 1. Salary, wage, and fringe benefits of individuals supporting the PSN project; 2. Overtime compensation of individuals supporting the PSN project; 3. Workshops and events associated with the support of the PSN project (pending approval by Office of Justice Programs, Bureau of Justice Assistance); 4. Travel associated with implementation and evaluation of the PSN project; 5. Equipment purchased to support the execution of the PSN project; and 6. Printing, publication, and duplication of materials that support the PSN project. IP uro g ura iim pecific II° a ui ur iir m nt Applications must address 1 of 4 PSN design features: Community Engagement. The main focus of this PSN design feature is programs that foster meaningful engagement between and among communities, law enforcement, prosecutors, and other stakeholders as an essential component of an effective violence reduction strategy. Ongoing engagement involves open communication and builds relationships, trust, and shared public safety values between community members and law enforcement. Focused and Strategic Enforcement. To address violent crime, PSN initiatives often focus strategic enforcement on a limited number of problem places and the individuals driving violent crime. Violent crime is often driven by a small number of prolific offenders; they are often involved in gangs, neighborhood crews, and violent street groups and are typically concentrated in hotspots and small "micro -places" (e.g., a street segment with abandoned homes; a problem bar, gas station, or convenience store; or an open-air drug market). In some jurisdictions, intimate partner violence is the main violent crime concern. Critical elements of strategic enforcement include: 1. Understanding the most significant drivers of violence and resources; 2. Leveraging technology and analytics; 3. Developing and implementing enforcement strategies; and 4. Deterring others from engaging in violence (which could also be through public awareness about enforcement actions and available assistance). Prevention and Intervention. Effective PSN Teams engage in problem -solving approaches that address the reduction of violent crime using all the tools at their disposal. Applicants should utilize strategies to address risk and protective factors, which often involves building relationships with representatives of agencies and organizations most suited to provide education, social https://egrants.gov.texas.gov/fundingopp/project-safe-neighborhoods-grant-program-fy2026/print 3/6 1/27/25, 2:47 PM Project Safe Neighborhoods Grant Program, FY2026 I eGrants services, job training and placement, reentry programs, or similar resources to those in need. Program should include prevention and intervention activities that can provide individuals and families with skills, opportunities, and alternatives that can ultimately help to reduce violent crime in communities. Accountability. The ultimate goal of PSN is to reduce the level of violence in our communities. Analyzing and assessing information about the incidence of violence and the effectiveness of strategies to address it are important for PSN's success and credibility. Applicants addressing this PSN design feature are required to collect and analyze relevant data that focus on outcomes—i.e. reduced violent crime. Applicants must monitor crime data over time as related to their local PSN Task Force's targeted problems and/or targeted areas. The PSN program requires that 30 percent of funding be allocated to support gang task forces in the United States regions experiencing a significant or increased presence of criminal or transnational organizations engaging in high levels of violent crime, firearms offenses, human trafficking, and drug trafficking. Applications seeking to support gang task forces will be required to provide information on the gang task force as well as list of participating agencies. Eligibility Requirements 1. Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the C,.ylk�,��,i�rs.er u.id„1 I i.r a iii. i.r ).g Ceiimtiflicat6oin foir State aind II....ocalI Goveiimii.-)i.m eiirnts. A copy of the Training Certification must be uploaded to your eGrants application. For more information or to access available training programs, visit the Texas Department of Information Resources . . „L.e. w d .,,,. ry.b. airFS..CL.I..p,'.iJ. . .i� .u::.�°ss..........Iir ,.i%.ii '11I�:]..g.....page. 2. Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. The disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90% of convictions within five business days to the Criminal Justice Information System at the Department of Public Safety. https://egrants.gov.texas.gov/fundingopp/project-safe-neighborhoods-grant-program-fy2026/print 4/6 1/27/25, 2:47 PM Project Safe Neighborhoods Grant Program, FY2026 I eGrants 3. Eligible applicants operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, applicants are required to submit complete and accurate UCR data, as well as the Texas -mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 4. Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS") to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, counties and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or (2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3). Lastly, eligible applicants must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. Each local unit of government, and institution of higher education that operates a law enforcement agency, must download, complete and then upload into eGrants the G E.Q.Z.I,;;; w, Eir]foirceir�ineii']t Ceir.J.-tJcatlioin. s aind Assuirainces lFoirirrrn certifying compliance with federal and state .................................................................................... Y g immigration enforcement requirements. This Form is required for each application submitted to OOG and is active until August 31, 2026 or the end of the grant period, whichever is later. 5. In accordance with Texas Government Code, Section 420.034, any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, must participate in the statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. Visit DPS's.S.e x,u,..11,ssa u„II„t,,p; iidei�,�. ,,,,: irag:,lk;ii,ii;,gEj! gir .ii „website for more information or to set up an account to begin participating. Additionally, per Section 420.042 "A law enforcement agency that receives evidence of a sexual assault or other sex offense... shall submit that evidence to a public accredited crime laboratory for analysis no later than the 30th day after the date on which that evidence was received." A law enforcement agency in possession of a significant number of Sexual Assault Evidence Kits (SAEK) where the 30-day window has passed may be considered noncompliant. https://egrants.gov.texas.gov/fundingopp/project-safe-neighborhoods-grant-program-fy2026/print 5/6 1/27/25, 2:47 PM Project Safe Neighborhoods Grant Program, FY2026 I eGrants 6. Eligible applicants must be registered in the federal System for Award Management (SAM) database and have an UEI (Unique Entity ID) number assigned to its agency (to get registered in the SAM database and request an UEI number, go toII;;„ I� , .a,/ s..i� r,,.,g.� Y ). Failure to comply with program or eligibility requirements may cause funds to be withheld and/or the suspension or termination of grant funds. Selection IProcess Application Screening: The Office of the Governor will screen all applications to ensure that they meet the requirements included in the funding announcement. Peer/Merit Review: The Office of the Governor will review applications to understand the overall demand for the program and for significant variations in costs per item. After this review, the Office of the Governor will determine if all eligible applications can be funded based on funds available, if there are cost-effectiveness benefits to normalizing or setting limits on the range of costs, and if other fair share cuts may allow for broader distribution and a higher number of projects while still remaining effective. Final Decisions: The Office of the Governor will make all final funding decisions based on eligibility, reasonableness, availability of funding, geographic distribution, cost effectiveness, or other relevant factors. The Office of the Governor may not fund all applications or may only award part of the amount requested. In the event that funding requests exceed available funds, the Office of the Governor may revise projects to address a more limited focus. Contact Information For more information, contact the eGrants help desk at eGrants@gov.texas.gov or (512) 463-1919. Total Funds $TBD https://egrants.gov.texas.gov/fundingopp/project-safe-neighborhoods-grant-program-fy2026/print 6/6 L TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider a resolution approving the purchase of four (4) thirty-foot CNG Buses for Municipal Transit System. BACKGROUND The City has obtained approval from FTA and been awarded funding from the NOLO grant for the purchase of four (4) thirty-foot CNG Gillig buses to be utilized by Beaumont ZIP. The purchase will be made by utilizing the State of Washington contract RFP # 2020-06719-01 at a cost of $757,102 per bus for a total cost of $3,028,408. The award amount from NOLO grant is $2,819,460 the difference of $208,948 will paid by the Transportation Development Credit. There will be no match required by the City. The four (4) buses to be ordered will replace four (4) buses that will be disposed of according to City policy by the estimated delivery time of 24 months from receipt of purchase order. FUNDING SOURCE NOLO Grant $2,819,460, Transportation Development Credit $208,948. RECOMMENDATION Approval of the resolution. ATTACHMENTS Quote for 30 ft CNG Buses RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to approve the purchase of four (4) thirty- foot CNG buses from Gillig LLC, of Livermore, California, to be utilized by the Beaumont Zip, in the amount of $3,028,408.00 through awarded grant funding. 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 4th day of February, - Mayor Roy West - MILLIC QUOTE LETTER January 20, 2025 Claudia San Miguel General Manager Beaumont Transit 409-835-7895 ext. 315 Claudia.SanMiguel@beaumonttransit.com Dear Claudia: Thank you for your interest in purchasing four (4) 30 ft. L/F CNG Gillig buses off the State of Washington contract RFP # 2020-06719-01. Attached you will find the variance list and price calculation sheet that would pertain to your order. The price calculation sheet also includes the escalation and formula as per the contract. Gillig is pleased to quote the following: Four (4) 30 ft. CNG Buses@$757,102 each This price is valid for sixty (60) days and is FOB Beaumont TX. Prices exclude any taxes and license fees. The production of your buses is scheduled to start within 15 months of your PO. To maintain this production schedule, we will require a firm purchase order within sixty (60) days. We thank you for this opportunity and appreciate your interest in Gillig and our products. Should you have any questions, please do not hesitate to contact us. Sincerely, �06 �AU A Joe Saldana Regional Sales Manager Gillig LLC 510-303-0202 jsaldana@gillig.com T� TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: February 4, 2025 REQUESTED ACTION: Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $48,000 through the State and Local Cybersecurity Grant Program. BACKGROUND The State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United States Department of Homeland Security (DHS). This SLCGP application requests $48,000 for Cybersecurity Consultant - Cybersecurity Policy Creation and Enhancement. This program will allow for Policy drafting, alignment with regulatory frameworks, and industry best practices. This grant has a 20% match equal to $9,600. The federal portion will be $38,400. FUNDING SOURCE General Fund Contract Services RECOMMENDATION Approval of the resolution. ATTACHMENTS State and Local Cybersecurity Grant Program RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, The City Council finds it in the best interest of the citizens of Beaumont that the State and Local Cybersecurity Grant Program be operated for the fiscal year 2026; and, WHEREAS, the City of Beaumont agrees to provide applicable matching funds for the said project as required by the United States Department of Homeland Security grant application; and, WHEREAS, the City of Beaumont agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City of Beaumont designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont approves submission of the grant application for the State and Local Cybersecurity Grant Program to the Office of the Governor. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of February, 2025. - Mayor Roy West - Grant Number: 1/27/25, 5:48 PM State and Local Cybersecurity Grant Program (SLCGP) - Governance and Planning Projects, FY2026 I eGrants Norm,. AvadaUle State and Local 12/16/2024 Cybersecurity Grant Program (SLCGP) - Governance and Planning Projects, FY2026 Purpose- l 02/13/2025 The State and Local Cybersecurity Grant Program (SLCGP) supports cybersecurity efforts to address imminent cybersecurity threats to local information systems including implementing investments that support local governments with managing and reducing systemic cyber risk associated with the SLGCP objectives listed below: • t IIII „ ec°t;iiiive '1 G veiiiriiinaiiince, aiiind 1114 IIIlaiiiiniiiniiiiiiing: Develop and establish appropriate governance structures, including developing, implementing, or revising cybersecurity plans, to improve capabilities to respond to cybersecurity incidents and ensure continuity of operations. • Objective 2 — Assessment and Evaluation: Understand the current cybersecurity posture and areas for improvement based on continuous testing, evaluation, and structured assessments. • Objective 3 - Mitigation: Implement security protections commensurate with risk. • Objective 4 — Workforce Development: Ensure organization personnel are appropriately trained in cybersecurity, commensurate with responsibility. rlllhc, tjiir pose o°f °tl"111hiis � iiiir:iiir:o: iiir ce,iiir�neiiiin°t iiiis °to solllliiiiciiii°t a :ulllliiii �a°t,iiiioiins °four �011l ec"fiive 1 , ti' oveuiruir gir: ;e i rrlll.................i.............................................................................................................................. t .ip .t~).....III .IIL .I!!It.!U tliii.l!ng IIIPurg„llje'c Information about funding opportunities related to other SLCGP Objectives is available on the Funding Opportunities tab of the eGrants homepage. era iii III a Ilb II e lf°° k.i firm d iii uin https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-program-slcgp-governance-and-planning-projects-fy2026/print 1 /7 1/27/25, 5:48 PM State and Local Cybersecurity Grant Program (SLCGP) - Governance and Planning Projects, FY2026 I eGrants Federal funds are authorized under Section 2220A of the Homeland Security Act of 2002, as amended (Pub. L. No. 107-296) (6 U.S.C. § 665g). State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United States Department of Homeland Security (DHS). All awards are subject to the availability of appropriated federal funds and any modifications or additional requirements that may be imposed by law. Eligible Organizations: Applications may be submitted by units of local government as defined in 6 U.S.C. § 101(13) including federally recognized Native American tribes. Il lli 111 iii c a iii an Process: Applicants must access the PSO's eGrants grant management website at II;;�„�;SIC , ,:;/ „i� „ii „, ,;;,gr r,.;;; , , ,;;. Qy to register and apply for funding. Applicants should select the Criminal Justice Division (CJD) as the desired funding agency when beginning the application. Action Date Funding Anouncemtent Release 12/16/2024 Online System Opening Date 12/16/2024 Final Date to Submit and Certify an 02/13/2025 at S:OOPM CST Application Earliest Project Start Date 09/01/2025 IProJect IPeriiiO Projects selected for funding must begin on or after September 1, 2025, and may not exceed a 12- month project period. All projects must be approved by FEMA/CISA prior to the Public Safety Office (PSO) releasing an award. The performance period start date for all projects is subject to change pending final FEMA/CISA approval. Ilf °° a an d ui an u, Ill,,,,,, ve l Minimum: $10,000 Maximum: None Match Requirement: 20% https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-program-slcgp-governance-and-planning-projects-fy2026/print 2/7 1/27/25, 5:48 PM State and Local Cybersecurity Grant Program (SLCGP) - Governance and Planning Projects, FY2026 I eGrants Grantees must comply with standards applicable to this fund source cited in the Texas Grant Management Standards ( .!�„II I,, ), Eadf.p,:. ,llU ,!DJ„tojr.,.T],,_G_!r; .!D„t,.LJ„ii„ ..!��,ce.., and all statutes, requirements, and guidelines applicable to this funding. Eligible Actiiiviiitiiies and Conte All SLCGP Objective 1 Governance and Planning projects must support the implementation of the approved State SLCGP Plan. Additionally, projects can only support one-time services that reduce cybersecurity risks to; and identify, respond to, and recover from cybersecurity threats to information systems owned or operated by or on behalf of local governments within the Texas. Project examples include: 1. Incident and Response Planning: Establishing and testing an incident response plan. 2. Cloud Migration Strategy: Developing cloud migration strategy. Ill iir „ it iin,,,,,, Specific flii Ilf ii lii iir iirnein t 1. All Grantees will be required to participate in a limited number of free services by the Cybersecurity & Infrastructure Security Agency (CISA). For these required services and memberships, please note that participation is not required for submission and approval of an application but is a post -award requirement. • Web Application Scanning is an "internet scanning -as -a -service." This service assesses the "health" of your publicly accessible web applications by checking for known vulnerabilities and weak configurations. Additionally, CISA can recommend ways to enhance security in accordance with industry and government best practices and standards. • Vulnerability Scanning evaluates external network presence by executing continuous scans of public, static IPs for accessible services and vulnerabilities. This service provides weekly vulnerability reports and ad -hoc alerts. To register for these services, email vu�.11_!!;; eir lb.J.l„!„ty,ii,!��„fia°�,,,(, .................. w, ,.11 , ,,,,,g r, with the subject line "Requesting Cyber Hygiene Services — SLCGP" to get started. Indicate in the body of your email that you are requesting this service as part of the SLGCP. For more information, visit CISA's Cyber Hygiene Information Page. 2. Grantees will be required to complete the most recent Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient agency should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. For more information about the NCSR, visit: II I:::I:III..'a./ r ,.,�, secu�,!rll.�,y,., ,!rg irns....lisac seirVices inc ii° . https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-governance-and-planning-projects-fy2026/print 3/7 1/27/25, 5:48 PM State and Local Cybersecurity Grant Program (SLCGP) - Governance and Planning Projects, FY2026 ! eGrants 3. Eligible applicants are required to join the Texas Information Sharing and Analysis Organization (TX-ISAO): a free membership to a forum for entities in Texas to share information regarding cybersecurity threats, best practices, and remediation strategies. To request membership, visit „: Il .. .q .:.....1!..!i'.:...t; ...as.:.g . Z 2.q . ":s:.:::::.l�..l!.::�:::::.. cess II�„tin�,ll,,. Eligibility Requirements 1. Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the . J. ei!rs.ec;.u.Hi„1 Iira6in.j.inCe!!'.ficat6oii�n foil° State and II....ocall Goveiri nrn�n�:rii�nts. A co of the Training Certification must ................................................g................................................................................................................................................................................................................................................................................................................................................. PY g be uploaded to your eGrants application. For more information or to access available training programs, visit the Texas Department of Information Resources . . „L.e. w d .,,,.C,y.Il .irFS..CL.I.p,'.. . .II .u::.es .........Iir i.ii�..li.iIg page. 2. Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. This disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90% of convictions within five business days to the Criminal Justice Information System at the Department of Public Safety. 3. Eligible applicants operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, applicants are required to submit complete and accurate UCR data, as well as the Texas -mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 4. In accordance with Texas Government Code, Section 420.034, any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, must participate in the statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-program-slcgp-governance-and-planning-projects-fy2026/print 4/7 1/27/25, 5:48 PM State and Local Cybersecurity Grant Program (SLCGP) - Governance and Planning Projects, FY2026 I eGrants Visit DPS's , , x u„ ,II ,A s s,a,�J I E....yii,d, ,, , ......�;,;,ir , ,lk;ii,ii;3,g, website for more information or to set up an account to begin participating. Additionally, per Section 420.042 "A law enforcement agency that receives evidence of a sexual assault or other sex offense... shall submit that evidence to a public accredited crime laboratory for analysis no later than the 30th day after the date on which that evidence was received." A law enforcement agency in possession of a significant number of Sexual Assault Evidence Kits (SAEK) where the 30-day window has passed may be considered noncompliant. 5. Eligible applicants must be registered in the federal System for Award Management (SAM) database and have an UEI (Unique Entity ID) number assigned to its agency (to get registered in the SAM database and request an UEI number, go tolln„tt;l , ,,, Failure to comply with program or eligibility requirements may cause funds to be withheld and/or suspension or termination of grant funds. IP uro 1h iii Ilb it o un Grant funds may not be used to support the unallowable costs listed in the Guide to Grants or any of the following unallowable costs: 1. For Spyware; 2. To pay a ransom; 3. For recreational or social purposes; 4. To pay for cybersecurity insurance premiums; S. To acquire land; 6. To construct, renovate, remodel, or perform alternations of buildings or other physical facilities including but not limited to: • Modifications to existing buildings or structures; • Installation or replacement of equipment where the equipment is physically attached to walls, ceilings, floors or doors; • Installation or replacement of racks that involve attaching racks to floors or walls; • Installation of new equipment cabling where new holes are made through walls, floors, or ceilings; • Installation of new conduit onto existing walls, ceilings, or floors; • Floor raising to install new cabling; • Installation of electrical outlets; • Installation of uninterrupted power supply units (UPS) that involved attaching to floors or walls or new cabling through walls, ceilings, or floors; https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-governance-and-planning-projects-fy2026/print 5/7 1/27/25, 5:48 PM State and Local Cybersecurity Grant Program (SLCGP) - Governance and Planning Projects, FY2026 I eGrants • Any activities (grant funded or not) that are connected to the grant funded project that involve the building utility infrastructure such as installing new electrical, water, or gas lines; • Installation of generators; • Installation of new equipment at communications towers or building roofs such as antennas or internet systems such as Starlink or satellite dishes; • Any interior renovations to office spaces that change the layout such as removing walls or creating new walls. Also includes replacing or hardening of doors and windows; • Installation or replacement of fencing or bollards; • Any activities that involve ground disturbance; 7. For any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by, or on behalf of, the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity; or 8. Any other prohibition imposed by federal, state, or local law. Selection Process Application Screening: PSO will screen all applications to ensure that they meet the requirements included in the funding announcement. SLCGP applications will be reviewed through a two -phased State and Federal review process for completeness, adherence to programmatic guidelines, and feasibility. State Review: 1. Merit Review: The Texas SLCGP Planning Committee will review applications to understand the overall demand for the project, cost effectiveness, feasibility and alignment with the objectives listed in the State's SLCGP Plan. 2. PSO will consider comments and recommendations from the SLCGP Planning Committee along with other factors and make all final funding recommendations to DHS/CISA. Other factors may include cost effectiveness, overall funds availability, priorities and strategies, legislative directives, and geographic distribution. PSO may not recommend funding for all applications or may only recommend part of the amount requested. In the event that funding requests exceed available funds, PSO may revise projects to address a more limited focus. Federal Review: DHS/CISA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the period of performance. Projects must be approved by DHS/CISA before PSO releases an award. Contact Information For more information, contact the eGrants help desk at .,ii;;,,ii,;;„gr;.;;i;,,,.,,ggy or (512) 463-1919. https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-program-slcgp-governance-and-planning-projects-fy2026/print 6/7 1/27/25, 5:48 PM Total Funds $TBD State and Local Cybersecurity Grant Program (SLCGP) - Governance and Planning Projects, FY2026 I eGrants https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-program-slcgp-governance-and-planning-projects-fy2026/print 7/7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: February 4, 2025 REQUESTED ACTION: Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $35,900 through the State and Local Cybersecurity Grant Program. BACKGROUND The State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United States Department of Homeland Security (DHS). This SLCGP application requests $35,900 for Penetration Testing under the Assessment and Evaluation objective. This project will uncover and address security weaknesses, minimize the risk of cyberattacks, meet cybersecurity best practices, test and validate the integrity of wireless networks, internal systems, and external -facing applications. This grant has a 20% match. The federal portion will be $28,720 and the match will be $7,180. FUNDING SOURCE Capital Reserve- Capital Software >$10,000 RECOMMENDATION Approval of the resolution. ATTACHMENTS State and Local Cybersecurity Grant Program- Assessment and Evaluation Projects. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, The City Council finds it in the best interest of the citizens of Beaumont that the State and Local Cybersecurity Grant Program be operated for the fiscal year 2026; and, WHEREAS, the City of Beaumont agrees to provide applicable matching funds for the said project as required by the United States Department of Homeland Security grant application; and, WHEREAS, the City of Beaumont agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City of Beaumont designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont approves submission of the grant application for the State and Local Cybersecurity Grant Program to the Office of the Governor. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of February, 2025. - Mayor Roy West - Grant Number: 1/27/25, 6:00 PM State and Local Cybersecurity Grant Program (SLCGP) - Assessment and Evaluation Projects, FY 2026 1 eGrants Name-, AvadaUle State and Local 12/16/2024 Cybersecurity Grant Program (SLCGP) - Assessment and Due Date 02/13/2025 Evaluation Projects, FY 2026 Purpose - The State and Local Cybersecurity Grant Program (SLCGP) supports cybersecurity efforts to address imminent cybersecurity threats to local information systems including implementing investments that support local governments with managing and reducing systemic cyber risk associated with the SLGCP objectives listed below: • Objective 1 — Governance and Planning: Develop and establish appropriate governance structures, including developing, implementing, or revising cybersecurity plans, to improve capabilities to respond to cybersecurity incidents and ensure continuity of operations. • 0b"„Jec°it�iiiive 2 Assess iiiriurileiiin't aind E4lll::a°it�iioiiin., Understand the current cybersecurity posture and areas for improvement based on continuous testing, evaluation, and structured assessments. • Objective 3 - Mitigation: Implement security protections commensurate with risk. • Objective 4 — Workforce Development: Ensure organization personnel are appropriately trained in cybersecurity, commensurate with responsibility. 'lllhc, tjiiir pose o°f °tlllhiis � iiiir:uicrrno: iiir ce,iiir�neiiiin°t iiiis °to solllliiiiciiii°t a :ulllliiii �a°uo�,iiiioiiu�is °foiiir, �011l ec"fiive ssessiiirmi�eiinj° i "III .......... i........�...:........................ aiiind li. iiir1IIIPiuro"Jec°ts. Information about funding opportunities related to other SLCGP Objectives is available on the Funding Opportunities tab of the eGrants homepage. era iii III a Ilb II e lf°° k.i firm d iii uin https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-assessment-and-evaluation-projects-fy-2026/print 1/7 1/27/25, 6:00 PM State and Local Cybersecurity Grant Program (SLCGP) - Assessment and Evaluation Projects, FY 2026 1 eGrants Federal funds are authorized under Section 2220A of the Homeland Security Act of 2002, as amended (Pub. L. No. 107-296) (6 U.S.C. § 665g). State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United States Department of Homeland Security (DHS). All awards are subject to the availability of appropriated federal funds and any modifications or additional requirements that may be imposed by law. Eligible ' iir in iii t iii n Applications may be submitted by units of local government as defined in 6 U.S.C. § 101(13) including federally recognized Native American tribes. Il lli 111 iii c a iii an Process: Applicants must access the PSO's eGrants grant management website at II;;�„�;SIC , ,:;/ „i� „ii „, ,;;,gr r,.;;; , , ,;;. Qy to register and apply for funding. Applicants should select the Criminal Justice Division (CJD) as the desired funding agency when beginning the application. Action Date Funding Anouncemtent Release 12/16/2024 Online System Opening Date 12/16/2024 Final Date to Submit and Certify an 02/13/2025 at S:OOPM CST Application Earliest Project Start Date 09/01/2025 IProJect IPeriiiO Projects selected for funding must begin on or after September 1, 2025, and may not exceed a 12- month project period. All projects must be approved by FEMA/CISA prior to the Public Safety Office (PSO) releasing an award. The performance period start date for all projects is subject to change pending final FEMA/CISA approval. Minimum: $10,000 Maximum: None Match Requirement: 20% https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-assessment-and-evaluation-projects-fy-2026/print 2/7 1/27/25, 6:00 PM State and Local Cybersecurity Grant Program (SLCGP) - Assessment and Evaluation Projects, FY 2026 1 eGrants Grantees must comply with standards applicable to this fund source cited in the Texas Grant Management Standards ( .!�„II I,, ), Eadf.p,:. ,llU ,iDJ„toir.,.T],,_G_it; .iD„t,.LJ„ii„ ..i��,ce.., and all statutes, requirements, and guidelines applicable to this funding. Eligible Actiiiviiitiii and Conte All SLCGP Objective 2 Assessment and Evaluation projects must support the implementation of the approved State SLCGP Plan. Additionally, projects can only support one-time services that reduce cybersecurity risks to; and identify, respond to, and recover from cybersecurity threats to information systems owned or operated by or on behalf of local governments within the Texas. Project examples include: 1. Enhanced Logging: Implementing enhanced logging for systems. 2. Security Assessments: Conducting security assessments to evaluate an entity's maturity level and provide recommendations for improving the security maturity and posture of the organization. 3. Automated Asset Discovery: Installing automated asset discovery to identify and catalogue all the systems, services, hardware, and software. 4. Vulnerability Scanning: Implementing solutions to scan IT assets for vulnerabilities. 5. Penetration Testing: Conducting penetration tests to check for exploitable vulnerabilities on a computer network I11::1rogjrajnSpecific 111equireiments n 1. All Grantees will be required to participate in a limited number of free services by the Cybersecurity & Infrastructure Security Agency (CISA). For these required services and memberships, please note that participation is not required for submission and approval of an application but is a post -award requirement. • Web Application Scanning is an "internet scanning -as -a -service." This service assesses the "health" of your publicly accessible web applications by checking for known vulnerabilities and weak configurations. Additionally, CISA can recommend ways to enhance security in accordance with industry and government best practices and standards. • Vulnerability Scanning evaluates external network presence by executing continuous scans of public, static IPs for accessible services and vulnerabilities. This service provides weekly vulnerability reports and ad -hoc alerts. To register for these services, email `�,�„j„II_............................... lbfill_ii„t ;,,,,,,,ii,ii fo.( , sa.., „Il;;, „a„@Q.y with the subject line "Requesting Cyber Hygiene Services — SLCGP" to get started. Indicate in the body of your email that you are requesting this service as part of the SLGCP. For more information, visit CISA's Cyber Hygiene Information Page. https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-assessment-and-evaluation-projects-fy-2026/print 3/7 1/27/25, 6:00 PM State and Local Cybersecurity Grant Program (SLCGP) - Assessment and Evaluation Projects, FY 2026 ! eGrants 2. Grantees will be required to complete the most recent Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient agency should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. For more information about the NCSR, visit: III::::I�...n.,..!I...:..!!"Il.,,w..lrq ms....iisac eiiviices ir�csil . 3. Eligible applicants are required to join the Texas Information Sharing and Analysis Organization (TX-ISAO): a free membership to a forum for entities in Texas to share information regarding cybersecurity threats, best practices, and remediation strategies. To request membership, visit .;�,;t;tII,,,;;/i,;;,,,„1!„!i",,,1;,,,,,,ii'„"„q,,;,,,,,,1�„!!,;;;,,,,,,,,,,,,,,,II„,!!,II. Eligibility I a i irem en 1. Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the . ,,yDeirsecuidity Iii'.°aliii. r..'ICe!! tficat oii'] foir 51ate air.)d Il....ocall Go.reiimiriiMeiiits. A copy of the Training Certification must be uploaded to your eGrants application. For more information or to access available training programs, visit the Texas Department of Information Resources . � „i; ;ii„ , . b. e.,!! ,2.c ,!!;;,!%;,;, w.2 ,!L ,!.n..s .........1 i.-.2 ii.!r]„!i,!! ]g page. 2. Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. This disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90% of convictions within five business days to the Criminal Justice Information System at the Department of Public Safety. 3. Eligible applicants operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-assessment-and-evaluation-projects-fy-2026/print 4/7 1/27/25, 6:00 PM State and Local Cybersecurity Grant Program (SLCGP) - Assessment and Evaluation Projects, FY 2026 1 eGrants timely reporting, applicants are required to submit complete and accurate UCR data, as well as the Texas -mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 4. In accordance with Texas Government Code, Section 420.034, any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, must participate in the statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. Visit DPS's. , ,u„ ,Il,,,,, , ,�u„II„t,,,,,,II; !, ,e,ii�, ,e,,,,,; il'a Ik;.il;;),qll, ,!� gir ,!i „website for more information or to set up an account to begin participating. Additionally, per Section 420.042 "A law enforcement agency that receives evidence of a sexual assault or other sex offense... shall submit that evidence to a public accredited crime laboratory for analysis no later than the 30th day after the date on which that evidence was received." A law enforcement agency in possession of a significant number of Sexual Assault Evidence Kits (SAEK) where the 30-day window has passed may be considered noncompliant. 5. Eligible applicants must be registered in the federal System for Award Management (SAM) database and have an UEI (Unique Entity ID) number assigned to its agency (to get registered in the SAM database and request an UEI number, go toll)„tttl a,/./ !! q ) Failure to comply with program or eligibility requirements may cause funds to be withheld and/or suspension or termination of grant funds. IIR iro l ii! Ilb it ii! o un Grant funds may not be used to support the unallowable costs listed in the Guide to Grants or any of the following unallowable costs: 1. For Spyware; 2. To pay a ransom; 3. For recreational or social purposes; 4. To pay for cybersecurity insurance premiums; 5. To acquire land; 6. To construct, renovate, remodel, or perform alternations of buildings or other physical facilities including but not limited to: • Modifications to existing buildings or structures; • Installation or replacement of equipment where the equipment is physically attached to walls, ceilings, floors or doors; https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-assessment-and-evaluation-projects-fy-2026/print 5/7 1/27/25, 6:00 PM State and Local Cybersecurity Grant Program (SLCGP) - Assessment and Evaluation Projects, FY 2026 1 eGrants • Installation or replacement of racks that involve attaching racks to floors or walls; • Installation of new equipment cabling where new holes are made through walls, floors, or ceilings; • Installation of new conduit onto existing walls, ceilings, or floors; • Floor raising to install new cabling; • Installation of electrical outlets; • Installation of uninterrupted power supply units (UPS) that involved attaching to floors or walls or new cabling through walls, ceilings, or floors; • Any activities (grant funded or not) that are connected to the grant funded project that involve the building utility infrastructure such as installing new electrical, water, or gas lines; • Installation of generators; • Installation of new equipment at communications towers or building roofs such as antennas or internet systems such as Starlink or satellite dishes; • Any interior renovations to office spaces that change the layout such as removing walls or creating new walls. Also includes replacing or hardening of doors and windows; • Installation or replacement of fencing or bollards; • Any activities that involve ground disturbance; 7. For any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by, or on behalf of, the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity; or 8. Any other prohibition imposed by federal, state, or local law. Selection Process Application Screening: PSO will screen all applications to ensure that they meet the requirements included in the funding announcement. SLCGP applications will be reviewed through a two -phased State and Federal review process for completeness, adherence to programmatic guidelines, and feasibility. State Review: 1. Merit Review: The Texas SLCGP Planning Committee will review applications to understand the overall demand for the project, cost effectiveness, feasibility and alignment with the https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-assessment-and-evaluation-projects-fy-2026/print 6/7 1/27/25, 6:00 PM State and Local Cybersecurity Grant Program (SLCGP) - Assessment and Evaluation Projects, FY 2026 1 eGrants objectives listed in the State's SLCGP Plan. 2. PSO will consider comments and recommendations from the SLCGP Planning Committee along with other factors and make all final funding recommendations to DHS/CISA. Other factors may include cost effectiveness, overall funds availability, priorities and strategies, legislative directives, and geographic distribution. PSO may not recommend funding for all applications or may only recommend part of the amount requested. In the event that funding requests exceed available funds, PSO may revise projects to address a more limited focus. Federal Review: DHS/CISA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the period of performance. Projects must be approved by DHS/CISA before PSO releases an award. Contact Information p : govAexas.g y or (512) 463-1919. For more Information, contact the eGrants he desk at ................................................. �. - Total Funds $TBD https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-assessment-and-evaluation-projects-fy-2026/print 7/7 IC e TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: February 4, 2025 REQUESTED ACTION: Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $148,000 through the State and Local Cybersecurity Grant Program. BACKGROUND The State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United States Department of Homeland Security (DHS). This SLCGP application requests $148,000 for a network intelligence and monitoring platform under the Mitigation objective. This project will enhance the cybersecurity posture and resilience of the network. It focuses on mitigating cybersecurity risks, improving situational awareness, and safeguarding critical infrastructure against cyber threats. This grant program has a 20% match. The federal portion will be $118,400. The local match required is $29,600. FUNDING SOURCE Capital Software > $10,000 -General Fund - Network Mitigation. RECOMMENDATION Approval of the resolution. ATTACHMENTS State and Local Cybersecurity Grant Program- Mitigation Projects RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, The City Council finds it in the best interest of the citizens of Beaumont that the State and Local Cybersecurity Grant Program be operated for the fiscal year 2026; and, WHEREAS, the City of Beaumont agrees to provide applicable matching funds for the said project as required by the United States Department of Homeland Security grant application; and, WHEREAS, the City of Beaumont agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City of Beaumont designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont approves submission of the grant application for the State and Local Cybersecurity Grant Program to the Office of the Governor. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of February, 2025. - Mayor Roy West - Grant Number: 1/27/25, 6:13 PM State and Local Cybersecurity Grant Program (SLCGP) - Mitigation Projects, FY2026 I eGrants Name-, AvadaUle State and Local 12/16/2024 Cybersecurity Grant Program (SLCGP) - Mitigation Projects, FY2026 02/13/2025 The State and Local Cybersecurity Grant Program (SLCGP) supports cybersecurity efforts to address imminent cybersecurity threats to local information systems including implementing investments that support local governments with managing and reducing systemic cyber risk associated with the SLGCP objectives listed below: • Objective 1 — Governance and Planning: Develop and establish appropriate governance structures, including developing, implementing, or revising cybersecurity plans, to improve capabilities to respond to cybersecurity incidents and ensure continuity of operations. • Objective 2 — Assessment and Evaluation: Understand the current cybersecurity posture and areas for improvement based on continuous testing, evaluation, and structured assessments. • 0bljec flv : 3 lirxrpllleir"rrpird secuirity pirote tk:Yn C;DirTlirrrlu.ririsb Airate wi�:1� risk, • Objective 4 — Workforce Development: Ensure organization personnel are appropriately trained in cybersecurity, commensurate with responsibility. i°°Illhe uiiir os u, o°f °tlli�i �uirmiuir:ot:iiiric((,iiirneiiiu°:°t 'iiis °to �olllliiu ° it Illliii °:au°tuii� uiruus °foiur t3111i ggtliiv : 3 ,IIII iiirtiiii ° gtiiii iiin IIIG IIIG Illi Ills ................ j............................................................................................................... i iiirc:jects Information about funding opportunities related to other SLCGP Objectives is available on the Funding Opportunities tab of the eGrants homepage. Ava ii III a Ilb II e IIF u lip d ii lire Federal funds are authorized under Section 2220A of the Homeland Security Act of 2002, as amended (Pub. L. No. 107-296) (6 U.S.C. § 665g). State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United States https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-mitigation-projects-fy2026/print 1 /7 1/27/25, 6:13 PM State and Local Cybersecurity Grant Program (SLCGP) - Mitigation Projects, FY2026 r eGrants Department of Homeland Security (DHS). All awards are subject to the availability of appropriated federal funds and any modifications or additional requirements that may be imposed by law. Eligible Organizations: Applications may be submitted by units of local government as defined in 6 U.S.C. § 101(13) including federally recognized Native American tribes. Application Process: Applicants must access the PSO's eGrants grant management website at I�„;p;;s,/„i�„ii„,„r,g;;;.gr, to register and apply for funding. Applicants should select the Criminal Justice Division (CJD) as the desired funding agency when beginning the application. Action Date Funding Anouncemtent Release 12/16/2024 Online System Opening Date 12/16/2024 Final Date to Submit and Certify an 02/13/2025 at S:OOPM CST Application Earliest Project Start Date 09/01/2025 Project jec Period: Projects selected for funding must begin on or after September 1, 2025, and may not exceed a 12- month project period. All projects must be approved by FEMA/CISA prior to the Public Safety Office (PSO) releasing an award. The performance period start date for all projects is subject to change pending final FEMA/CISA approval. Ilf °° a firm d iii un g ll,,,,,, v III s Minimum: $10,000 Maximum: None Match Requirement: 20% Grantees must comply with standards applicable to this fund source cited in the Texas Grant Management Standards ( ,(„IM_R.D2.d, ,p,-, ,ll,r.i.J„(; ,i�,ii;;G_pr, ,r] t Q. U„ii„ ,aii-.ce.., and all statutes, requirements, and guidelines applicable to this funding. https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-mitigation-projects-fy2026/print 2/7 1/27/25, 6:13 PM State and Local Cybersecurity Grant Program (SLCGP) - Mitigation Projects, FY2026 I eGrants Eligible IIIe Activities nConte All SLCGP Objective 3 Mitigation projects must support the implementation of the approved State SLCGP Plan. Additionally, projects can only support one-time services that reduce cybersecurity risks to; and identify, respond to, and recover from cybersecurity threats to information systems owned or operated by or on behalf of local governments within the Texas. Project examples include: 1. Multi Factor Authentication: Implementing multi -factor authentication for all remote access and privileged accounts. 2. Data Encryption: Implementing data encryption for data at rest and data in transit. 3. End -of -Support (EoS)/End-of-Life (EoL) Hardware/Software: End use of unsupported EoS/ (EoL) software and hardware. 4. Default Passwords: Prohibiting use of known/fixed/default passwords and credentials on all systems. 5. Backups: Ensuring the ability to reconstitute critical systems (backups). 6..gov Domain: Migration to the .gov domain. 7. Endpoint Detection and Response: Implementing Endpoint Detection and Response. 8. Cloud Migration: Migrating applications and data to the cloud. 9. Uninterruptible Power Supply (UPS) Backup Power: Deploying UPS systems to support critical systems. 10. Firewalls: Implementing web application firewalls to monitor and filter web traffic. 11. Intrusion Detection System (IDS)/Intrusion Prevention System (IPS): Implementing IDS/IPS to detect and prevent cyber-attacks. 12. Vulnerability Patching: Implementing patching solution to patch vulnerabilities in IT assets. 13. Web Filtering: Implementing web filtering solution to scan web traffic for cyber threats. 14. Virtual Private Network (VPN): Implementing VPN solutions to encrypt all traffic to/from remote users. I11::Irogirain,,,,,, Specific fi III° ii ui iir iir ei i°t 1. All Grantees will be required to participate in a limited number of free services by the Cybersecurity & Infrastructure Security Agency (CISA). For these required services and memberships, please note that participation is not required for submission and approval of an application but is a post -award requirement. • Web Application Scanning is an "internet scanning -as -a -service." This service assesses the "health" of your publicly accessible web applications by checking for known vulnerabilities and weak configurations. Additionally, CISA can recommend ways to enhance security in accordance with industry and government best practices and standards. • Vulnerability Scanning evaluates external network presence by executing continuous scans of public, static IPs for accessible services and vulnerabilities. This service provides weekly https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-mitigation-projects-fy2026/print 3/7 1/27/25, 6:13 PM State and Local Cybersecurity Grant Program (SLCGP) - Mitigation Projects, FY2026 I eGrants vulnerability reports and ad -hoc alerts. g' y,ii,!i �„fi,,,"� ..ii„....,.11, n,„a,g..y with the subject line To register for these services, email .�u i�c.iIl�.i it "Requesting Cyber Hygiene Services — SLCGP" to get started. Indicate in the body of your email that you are requesting this service as part of the SLGCP. For more information, visit CISA's Cyber Hygiene Information Page. 2. Grantees will be required to complete the most recent Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient agency should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. For more information about the NCSR, visit: Il;�,t;;l;125,;;,/ ,,�,J!.secu�,!!j.- ,g;;g/!I;�, ,,,,,,,,!I,s, , ..e !, ,', ,�,ii;�,c;, ,ii," , 3. Eligible applicants are required to join the Texas Information Sharing and Analysis Organization (TX-ISAO): a free membership to a forum for entities in Texas to share information regarding cybersecurity threats, best practices, and remediation strategies. To request membership, visit II t Ili, ,;, ,qji; ,,, „...........................................a „a,g ii' „q , ", ; ,,,,,,1I„1!, ;; ,,,,,, , „e s, ,,,II Eligibility Requirements 1. Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the C.YIk�,��,i�rs.er uj��ij Iira6in.j.in C:p.j!I f6cat6oiin foilr State and Il....ocall Goveiimiiniirieints. A co of the Training Certification must ................................................g................................................................................................................................................................................................................................................................................................................................................. copy g be uploaded to your eGrants application. For more information or to access available training programs, visit the Texas Department of Information Resources . . „L.e. w d .,,,. ,y.Il .irFS..CL.I.p,'.. . .IE.ei']ess..........Iir i.i0..li.iIg page. 2. Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. This disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90% of convictions within five business days to the Criminal Justice Information System at the Department of Public Safety. https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-mitigation-projects-fy2026/print 4/7 1/27/25, 6:13 PM State and Local Cybersecurity Grant Program (SLCGP) - Mitigation Projects, FY2026 I eGrants 3. Eligible applicants operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, applicants are required to submit complete and accurate UCR data, as well as the Texas -mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 4. In accordance with Texas Government Code, Section 420.034, any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, must participate in the statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. Visit DPS's , , x u„ ,II ,A s s, ,�J I , ,;;., v,deii,", , .......F,ir , ,11;i;;i,gp ,ii ,gir ,g „ website for more information or to set up an account to begin participating. Additionally, per Section 420.042 "A law enforcement agency that receives evidence of a sexual assault or other sex offense... shall submit that evidence to a public accredited crime laboratory for analysis no later than the 30th day after the date on which that evidence was received." A law enforcement agency in possession of a significant number of Sexual Assault Evidence Kits (SAEK) where the 30-day window has passed may be considered noncompliant. 5. Eligible applicants must be registered in the federal System for Award Management (SAM) database and have an UEI (Unique Entity ID) number assigned to its agency (to get registered in the SAM database and request an UEI number, go toll;n„ttIl ,,/./ Failure to comply with program or eligibility requirements may cause funds to be withheld and/or suspension or termination of grant funds. IPA iro 1h iii Ilb it ii o urns Grant funds may not be used to support the unallowable costs listed in the Guide to Grants or any of the following unallowable costs: 1. For Spyware; 2. To pay a ransom; 3. For recreational or social purposes; 4. To pay for cybersecurity insurance premiums; 5. To acquire land; https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-mitigation-projects-fy2026/print 5/7 1/27/25, 6:13 PM State and Local Cybersecurity Grant Program (SLCGP) - Mitigation Projects, FY2026 I eGrants 6. To construct, renovate, remodel, or perform alternations of buildings or other physical facilities including but not limited to: • Modifications to existing buildings or structures; • Installation or replacement of equipment where the equipment is physically attached to walls, ceilings, floors or doors; • Installation or replacement of racks that involve attaching racks to floors or walls; • Installation of new equipment cabling where new holes are made through walls, floors, or ceilings; • Installation of new conduit onto existing walls, ceilings, or floors; • Floor raising to install new cabling; • Installation of electrical outlets; • Installation of uninterrupted power supply units (UPS) that involved attaching to floors or walls or new cabling through walls, ceilings, or floors; • Any activities (grant funded or not) that are connected to the grant funded project that involve the building utility infrastructure such as installing new electrical, water, or gas lines; • Installation of generators; • Installation of new equipment at communications towers or building roofs such as antennas or internet systems such as Starlink or satellite dishes; • Any interior renovations to office spaces that change the layout such as removing walls or creating new walls. Also includes replacing or hardening of doors and windows; • Installation or replacement of fencing or bollards; • Any activities that involve ground disturbance; 7. For any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by, or on behalf of, the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity; or 8. Any other prohibition imposed by federal, state, or local law. Selection IProcess https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-mitigation-projects-fy2026/print 6/7 1/27/25, 6:13 PM State and Local Cybersecurity Grant Program (SLCGP) - Mitigation Projects, FY2026 I eGrants Application Screening: PSO will screen all applications to ensure that they meet the requirements included in the funding announcement. SLCGP applications will be reviewed through a two -phased State and Federal review process for completeness, adherence to programmatic guidelines, and feasibility. State Review: 1. Merit Review: The Texas SLCGP Planning Committee will review applications to understand the overall demand for the project, cost effectiveness, feasibility and alignment with the objectives listed in the State's SLCGP Plan. 2. PSO will consider comments and recommendations from the SLCGP Planning Committee along with other factors and make all final funding recommendations to DHS/CISA. Other factors may include cost effectiveness, overall funds availability, priorities and strategies, legislative directives, and geographic distribution. PSO may not recommend funding for all applications or may only recommend part of the amount requested. In the event that funding requests exceed available funds, PSO may revise projects to address a more limited focus. Federal Review: DHS/CISA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the period of performance. Projects must be approved by DHS/CISA before PSO releases an award. Contact Information For more information, contact the eGrants help desk at ................................................. irit. �,g , ,. , , , ,,.,g or (512) 463-1919. Total Funds $TBD https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-mitigation-projects-fy2026/print 7/7 j, '; TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: February 4, 2025 REQUESTED ACTION: Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $12,000 through the State and Local Cybersecurity Grant Program. BACKGROUND The State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United States Department of Homeland Security (DHS). This SLCGP application requests $12,000 for Workforce Development. This grant funding will deliver advanced cybersecurity training to its Software and Network Security Administrators. The investment in upskilling key personnel is critical to enhancing the City's ability to protect its digital infrastructure, mitigate risks, and ensure continuity of operations in the face of evolving cyber threats. This grant program has a 20% match. The federal portion will be $9,600. The local match will be $2,400. FUNDING SOURCE General Fund- Travel and Training. RECOMMENDATION Approval of the resolution. ATTACHMENTS State and Local Cybersecurity Grant Program- Workforce Development Projects RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, The City Council finds it in the best interest of the citizens of Beaumont that the State and Local Cybersecurity Grant Program be operated for the fiscal year 2026; and, WHEREAS, the City of Beaumont agrees to provide applicable matching funds for the said project as required by the United States Department of Homeland Security grant application; and, WHEREAS, the City of Beaumont agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City of Beaumont designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont approves submission of the grant application for the State and Local Cybersecurity Grant Program to the Office of the Governor. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of February, 2025. - Mayor Roy West - Grant Number: 1/27/25, 6:17 PM State and Local Cybersecurity Grant Program (SLCGP) - Workforce Development Projects, FY2026 I eGrants Norm,. AvadaUle State and Local 12/16/2024 Cybersecurity Grant Program (SLCGP) - Workforce Development Projects, FY2026 Purpose- l 02/13/2025 The State and Local Cybersecurity Grant Program (SLCGP) supports cybersecurity efforts to address imminent cybersecurity threats to local information systems including implementing investments that support local governments with managing and reducing systemic cyber risk associated with the SLGCP objectives listed below: • Objective 1 — Governance and Planning: Develop and establish appropriate governance structures, including developing, implementing, or revising cybersecurity plans, to improve capabilities to respond to cybersecurity incidents and ensure continuity of operations. • Objective 2 — Assessment and Evaluation: Understand the current cybersecurity posture and areas for improvement based on continuous testing, evaluation, and structured assessments. • Objective 3 - Mitigation: Implement security protections commensurate with risk. • 011ll jec°tiive 4, Woiir1k'foiirc:e IIIC suwcllllolllG' uiimni uir:"t'w Ensure organization personnel are appropriately trained in cybersecurity, commensurate with responsibility. 'lllhc, tjiir pose o°f °tlllhiis � iuisuirno: iiir ce,iiii,�neiiiin°t iiiis °to solllliiiiciiii°t a :ulllluiica°t,uiioins °four OIII chive I. oiu�k,"fouirce i "III .......... i........�...:.................................. .IIIG.t�".... . IIILtIICtIII .ip ..iii .:f....IIIPiiirq)jec.tts. Information about funding opportunities related to other SLCGP Objectives is available on the Funding Opportunities tab of the eGrants homepage. era iii III a Ilb II e lf°° t„i iirm d iii uin https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-program-slcgp-workforce-development-projects-fy2026/print 1 /7 1/27/25, 6:17 PM State and Local Cybersecurity Grant Program (SLCGP) - Workforce Development Projects, FY2026 I eGrants Federal funds are authorized under Section 2220A of the Homeland Security Act of 2002, as amended (Pub. L. No. 107-296) (6 U.S.C. § 665g). State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United States Department of Homeland Security (DHS). All awards are subject to the availability of appropriated federal funds and any modifications or additional requirements that may be imposed by law. Eligible Organizations: Applications may be submitted by units of local government as defined in 6 U.S.C. § 101(13) including federally recognized Native American tribes. Il lli 111 iii c a iii an Process: Applicants must access the PSO's eGrants grant management website at II;;�„�;SIC , ,:;/ „i� „ii „, ,;;,gr r,.;;; , , ,;;. Qy to register and apply for funding. Applicants should select the Criminal Justice Division (CJD) as the desired funding agency when beginning the application. Action Date Funding Anouncemtent Release 12/16/2024 Online System Opening Date 12/16/2024 Final Date to Submit and Certify an 02/13/2025 at S:OOPM CST Application Earliest Project Start Date 09/01/2025 IProJect IPeriiiO Projects selected for funding must begin on or after September 1, 2025, and may not exceed a 12- month project period. All projects must be approved by FEMA/CISA prior to the Public Safety Office (PSO) releasing an award. The performance period start date for all projects is subject to change pending final FEMA/CISA approval. Ilf °° a an d ui an u, Ill,,,,,, ve l Minimum: $10,000 Maximum: None Match Requirement: 20% https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-program-slcgp-workforce-development-projects-fy2026/print 2/7 1/27/25, 6:17 PM State and Local Cybersecurity Grant Program (SLCGP) - Workforce Development Projects, FY2026 I eGrants Grantees must comply with standards applicable to this fund source cited in the Texas Grant Management Standards ( .!�„II I,, ), Eadf.p,:. ,llU ,iDJ„tojr.,.T],,_G_it; .iD„t,.LJ„ii„ ..i��,ce.., and all statutes, requirements, and guidelines applicable to this funding. Eligible Actiiiviiitiii and Costs All SLCGP Objective 4 Workforce Development projects must support the implementation of the approved State SLCGP Plan. Additionally, projects can only support one-time services that reduce cybersecurity risks to; and identify, respond to, and recover from cybersecurity threats to information systems owned or operated by or on behalf of local governments within the Texas. Project examples include: Cyber/Information Technology (IT) Training: Providing training to cyber/IT staff to enhance the knowledge, skills, and abilities to implement cybersecurity best practices and respond to incidents. Ilf:f uro g ura a ,,,,,, Specific fi III° ii ui iir iir m n t 1. All Grantees will be required to participate in a limited number of free services by the Cybersecurity & Infrastructure Security Agency (CISA). For these required services and memberships, please note that participation is not required for submission and approval of an application but is a post -award requirement. • Web Application Scanning is an "internet scanning -as -a -service." This service assesses the "health" of your publicly accessible web applications by checking for known vulnerabilities and weak configurations. Additionally, CISA can recommend ways to enhance security in accordance with industry and government best practices and standards. • Vulnerability Scanning evaluates external network presence by executing continuous scans of public, static IPs for accessible services and vulnerabilities. This service provides weekly vulnerability reports and ad -hoc alerts. To register for these services, email vu�.11_ii................. i� .11 .p.11„p„,y,,,,,,,,ii,ii „fizz„ ..ii„ . ,,,.r,.11,n, ,,;,,g r, with the subject line "Requesting Cyber Hygiene Services — SLCGP" to get started. Indicate in the body of your email that you are requesting this service as part of the SLGCP. For more information, visit CISA's Cyber Hygiene Information Page. 2. Grantees will be required to complete the most recent Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient agency should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. For more information about the NCSR, visit: III:t::isll ..:.� .:. ,iseCu�,ii:.:'ii..�,y,w, ,ir:.g ii�s....lisac seirVic:es inc:sil° . https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-workforce-development-projects-fy2026/print 3/7 1/27/25, 6:17 PM State and Local Cybersecurity Grant Program (SLCGP) - Workforce Development Projects, FY2026 ! eGrants 3. Eligible applicants are required to join the Texas Information Sharing and Analysis Organization (TX-ISAO): a free membership to a forum for entities in Texas to share information regarding cybersecurity threats, best practices, and remediation strategies. To request membership, visit „: Il .. .q .:.....1!..!i'.:...t; ...as.:.g . Z 2.q . ":s:.:::::.l�..l!.::�:::::.. cess jl�„tin�,ll,,. Eligibility Requirements 1. Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the . J. ei!rs.ec;.u.Hi„1 Iira6in.j.inCe!!'.ficat6oii�n foil° State and II....ocall Goveiri nrn�n�:rii�nts. A co of the Training Certification must ................................................g................................................................................................................................................................................................................................................................................................................................................. PY g be uploaded to your eGrants application. For more information or to access available training programs, visit the Texas Department of Information Resources . . „L.e. w d .,,,.C,y.Il .irFS..CL.I.p,'.. . .II .u::.es .........Iir i.ii�..li.iIg page. 2. Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. This disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90% of convictions within five business days to the Criminal Justice Information System at the Department of Public Safety. 3. Eligible applicants operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, applicants are required to submit complete and accurate UCR data, as well as the Texas -mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 4. In accordance with Texas Government Code, Section 420.034, any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, must participate in the statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-workforce-development-projects-fy2026/print 4/7 1/27/25, 6:17 PM State and Local Cybersecurity Grant Program (SLCGP) - Workforce Development Projects, FY2026 I eGrants Visit DPS's , , x u„ ,II ,A s s,a,�J I E....yii,d, ,, , ......�;,;,ir , ,lk;ii,ii;3,g, website for more information or to set up an account to begin participating. Additionally, per Section 420.042 "A law enforcement agency that receives evidence of a sexual assault or other sex offense... shall submit that evidence to a public accredited crime laboratory for analysis no later than the 30th day after the date on which that evidence was received." A law enforcement agency in possession of a significant number of Sexual Assault Evidence Kits (SAEK) where the 30-day window has passed may be considered noncompliant. 5. Eligible applicants must be registered in the federal System for Award Management (SAM) database and have an UEI (Unique Entity ID) number assigned to its agency (to get registered in the SAM database and request an UEI number, go tolln„tt;l , ,,, Failure to comply with program or eligibility requirements may cause funds to be withheld and/or suspension or termination of grant funds. IP uro 1h iii Ilb it o un Grant funds may not be used to support the unallowable costs listed in the Guide to Grants or any of the following unallowable costs: 1. For Spyware; 2. To pay a ransom; 3. For recreational or social purposes; 4. To pay for cybersecurity insurance premiums; S. To acquire land; 6. To construct, renovate, remodel, or perform alternations of buildings or other physical facilities including but not limited to: • Modifications to existing buildings or structures; • Installation or replacement of equipment where the equipment is physically attached to walls, ceilings, floors or doors; • Installation or replacement of racks that involve attaching racks to floors or walls; • Installation of new equipment cabling where new holes are made through walls, floors, or ceilings; • Installation of new conduit onto existing walls, ceilings, or floors; • Floor raising to install new cabling; https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-workforce-development-projects-fy2026/print 5/7 1/27/25, 6:17 PM State and Local Cybersecurity Grant Program (SLCGP) - Workforce Development Projects, FY2026 I eGrants • Installation of electrical outlets; • Installation of uninterrupted power supply units (UPS) that involved attaching to floors or walls or new cabling through walls, ceilings, or floors; • Any activities (grant funded or not) that are connected to the grant funded project that involve the building utility infrastructure such as installing new electrical, water, or gas lines; • Installation of generators; • Installation of new equipment at communications towers or building roofs such as antennas or internet systems such as Starlink or satellite dishes; • Any interior renovations to office spaces that change the layout such as removing walls or creating new walls. Also includes replacing or hardening of doors and windows; • Installation or replacement of fencing or bollards; • Any activities that involve ground disturbance; 7. For any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by, or on behalf of, the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity; or 8. Any other prohibition imposed by federal, state, or local law. Selection Process Application Screening: PSO will screen all applications to ensure that they meet the requirements included in the funding announcement. SLCGP applications will be reviewed through a two -phased State and Federal review process for completeness, adherence to programmatic guidelines, and feasibility. State Review: 1. Merit Review: The Texas SLCGP Planning Committee will review applications to understand the overall demand for the project, cost effectiveness, feasibility and alignment with the objectives listed in the State's SLCGP Plan. 2. PSO will consider comments and recommendations from the SLCGP Planning Committee along with other factors and make all final funding recommendations to DHS/CISA. Other factors may include cost effectiveness, overall funds availability, priorities and strategies, legislative directives, and geographic distribution. PSO may not recommend funding for all applications or may only recommend part of the amount requested. In the event that funding requests exceed available funds, PSO may revise projects to address a more limited focus. https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-prcgram-slcgp-workforce-development-projects-fy2026/print 6/7 1/27/25, 6:17 PM State and Local Cybersecurity Grant Program (SLCGP) - Workforce Development Projects, FY2026 I eGrants Federal Review: DHS/CISA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the period of performance. Projects must be approved by DHS/CISA before PSO releases an award. Contact Information For more information, contact the eGrants help desk at . ,ii;;, ,ii]..j; ,,, ,g , ,.;,;, <, , ,,;,g r or (512) 463-1919. Total Funds $TBD https://egrants.gov.texas.gov/fundingopp/state-and-local-cybersecurity-grant-program-slcgp-workforce-development-projects-fy2026/print 7/7 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Interim Director of Public Works MEETING DATE: February 4, 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 4th day of February, - Mayor Roy West - CI I YOIFS EALICI ON r,Ii:� OSEC rMAPE&COM Change Order #001.010 WU 1022--02 C'01I II"YWII)I:.:E Ilf'IIF'I:.:E i1:3uiRs rilN G c o III q ri:lAc r F11 I III[;;; IIII, 1350 Ill,,,aingliainin IRd, 1:13emlli Texas 77707Uiii States Friday, Jain 03, 2025 Change Order Details Grand Total: ($573,233.80) [Desciription C0#00 1 OM: IFinal CO Divisbin 33 .. LAIlifles Scope of Work Pipposed Chainge Order INo 10 liars required to adjust fli estihmated quaintifies llin the coin tiraca to refilect, dhe acftuial quaintities used llin the corTqi of t1i pirojeci: and to add an ad6fioinal 2 cal eindair days to naflect the, ,,�ichjal flime used llin dhe coirriplebloin of th IGniranjact Awairded to Allain INegirete (Kiing Solution 113eirvices L.I.C), 27738 Cireated IBy Ii Young (City of IBeauirmint) Cireate IDate Dec 17, 2024 10: 09 AMI CS'IF lReascYn Code OUlaintity AcIjustiment Days Chainged 2 1....iiun IIleim 11"pe Unit pirkx.,, Giii 4.0 IEqL�lll[�)iryieic)t/C�loa.aeOLt I Capital IPlainining Capital IPiroject IFiscal Ye a ir MEM=0 Dec 17, 2024 3 IR S 202,1'.5 leim Iliad 646 1:10 INumbeir 4,51214 OM= (Driginal (".ointiract. Sk.,um 0,670,700,1100 �Net Cosit Iby IPreviouuus AIIppiroved C[)ainge Order 600,575 00 Contract Suirri IBefoire IlIts Ghainge Order 4,271,275 00 Coin braact Su irii Chainged IBy 11"his C[lainge Order -.573,233 80 New Cointiract, StAim 3,698,041 20 Sit,,flbstainfial Cornpletion E)ate N/A Netl"ime Chainge 13y IPireVIOLIS Ghainge Order 207 day(s) Substantial Coirriplefloin Before 11"his Chaing(., N/A Order I lime Chainged IBy I his Ghainge Order 2 day(s) �New SUbstaintial (Nair nplelion IDate All Ctiange Orders of the Original Contract. FR-= �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 IlDepth IRepaaiilr of -100DO SY 45.00 A,500DO Contract Skle Walk (511) 003 GK" 361 F:ulk IC.Dapth IRepaauu of 250DO SY 45M 11,250DO Contract Diiiveway (6") 004 GC 361 F:ulk Depth IRepaalilr of 13728 SY 12500 17,160DO Contract Concirete IPanvaalrnn,InD 005 GC 351 Contract 006 G(.' , 402 Contract 007 GC 502 Cointiract 008 (3C 2821 Contract (1 v) Flexible IFlaavaauaaaalnD -458.88 SY 60.00 -27,532.80 Structure IRepaaiilr (4") r-rc,,inc,1h Excavation -228.00 LF 1.00 -228.00 prote"Choin Barricades, Sgins, .,6,00 EACA t 20000 -1,200DO and rnafcc, II taindhing Chalin Ilink and 2,033MO j..jj::: 2DO 4,060DO Wooden Feinces, and Gates, Wth Fliroject Mainageirs Appirovall -1-otal -.573,233 80 Item Account WBS/ # Code Section 009 GC 2558 Contract Ol G C Contract Oil GC Contract 012 GC Cointirwt Contract 014 G(I Contract M= RM RM 708 I= Description Quantity UOM Unit Total Price Amount (1.1ean and redeAse -.4,066M j..jj::: 5DO -.20,".330DO Seweii hl Sizes and Depths, As Directed �by the Owneirs Obstruction IReiinov,,,d 2MO EAC�l II 25000 -7,250W �by Excavation, A11 Szes, Nk Nth Fliroject Main .-igeii's Approval Reconnect SeirVice .221.00 EAGI II 65000 -.143,65MO Coninedon Iby Excavatbn Ilirndlu.udirg Deanouts to I.Jineir, CoiinpIete, hI Szes and , Fuirinlish and IlinanDuallll 6.00 E::AC1H 1,050 00 -6,300.00 E::ind-of-1L1hne Gleanout lby E::xcavation Re�irnove and IRdnlplldace ZOO EAU II 5,000 00 10,0MOO c-)ir Ihnstaallll IMew Std, Fbeirghss IW-iindho1e, es s than 5'Delpth (Wth AUJdints &,,, Reirnove, aind IRgIGalluace 3ZOO E.:AU i� 5,60000 -1 79,200M oir Ihnstdallll INew Std, F:IbergIass Manhdle, Fto 8'Depth (Wth AHJdints & Coin... -1-otal -.573,233 80 Item Account WBS/ Description Quantity UOM Unit Total # Code Section Price Amount 015 GC 3,301 Reimove, and Replace 9A)O E.:AU II 7,00000 63,000M Contract or Illrnstall Mew Std, Pre -Cast Concrete 016 GC Cointira(;t Contract 018 GC Cointir&A 019 twat; ("3ointiract 020 (3C Contract 021 GC Contract Maintmle, Il..ess thain 511 Depth, (With All ... 3301 Rernow,, and Replace 1100 oir hnr�tall INew Std, 1:'Iirc.,-CaFA Coinc.x(.,te Manhole, Fto 8' Depth (Wth Al Jdints 708, 3301 Extira IlDeptlhn for INew -.20MO oir Replacement Std Manhole, Over 8' Depth (IFlire.-Cast Concrete oir Fbeirglass) 2,555 Abandon Mainhole 4.00 EACA II 7,20000 93,6M00 VF 100 00 --20,00MO E::AC1H 1,500 00 -6,000.00 4020 F�ljpe IFtu.ulrsdintt 6"..81' -7,56MO LF Seweir to &625" OD, II II IEDeIIpttas 4020 BunsHing 10" 254.00 j..jj::: Seweii to 1 O75" GD, Alk Depths 4020 Rpe IBuirsding 12" -54.50 LF Sewer to 1Z 75" GD, Alk IEtoylptlh s 3&00 -264,915M 45.00 11,4M00 40M -2,180M otal -.573,233 80 Item Account WBS/ Description Quantity UOM Unit Total # Code Section Price Amount 022 GC 4020 Rpe Buiisding 15" -.69M j..jj::: 6TOO -.4,62100 Contract Seweii to 16,0" OD, Alk Depths 023 G C 600 Rernove aind Irelplace 1,94 7.00 LF 15M -29,205M Contract existiing Sainlitaiiry Seweii vb Open Cut, Additional to F:Ipe Buirsfing Cost, 5' to 024 (3c (500 Reirnove and re,l[..Aace -2,00MO LF MOO -.36,00MO Contract ekSHIFng Sain'ltairy Seweir vb Open Cut, Additbinal to F�iipe Buirsting Cost, 10' t User I Role Allain lNegirete (Exteii-inal..GC) Kevn Yokxrng (Project IManageir) Aii'nalha "Molly" Villarreal -Ibtal -.573,233 80 Status Comments Approved �Dec 23, 2024 1203 1:11[A C' S 11" Approved E)ec 24, 2024 09���05 AM C131" Approved Jan 03, 2025 11 �:22 AM CS'll" User I Role Status Comments �Daira Wood Uff (Adi�n�in) Approved Jaii,i 03, 2025 11 �:40 ANA CS 11" . ... ... . . .... . ... .. ... .. ... ... ... . . . ... 214 217 4100 p.!�pj ectim a Les coing . ...................................................... 2025 Pirojechnates / Systeirinates, linc, 2435 IN Cointiral IExlpy Richardson, rX 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 hid 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 21st 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.OD 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.OD 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 Concete 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 18*|ay-2o2ao1:22pmCST 001.004: CO #4: Manhole Quantity Adjustment CITY WIDE PIPE BURSTING CONTRACT ' PHASE | 1350 LonghsmndBeaumont, Texaa77r07 Project Number: VYU1O22-02 Grand Total: $50.000.00 For OO1VVU1022-02City Wide Pipe Bursting Contract -Phaoo| o*|smn 33 Line Item Unit price Type Group 3.0Cvnooumivn 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 AUunwegmw 27738 Reason Quantity Adjvmon*m Code meym 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 up1o.n2%ofthe Original Contract Accounting and Status Accounting Status Item Id 3'970'700.00 Substantial Completion Date 43e.825.00 Net Time Change oyPrevious Cos 00day 4.109.525.00 Substantial Completion before This Co 50.000.00 Time Changed oyThis CO odayn 4.lse.sos.nnNew Substantial Completion Date 393 PO Number 430946 FEmxmvmuo Accounting Project Code Custom Accounting Field 04 Custom Accounting Field os Custom Accounting Field oo Custom Accounting Field V7 Custom Accounting Field VV Line If8DlG Item Anrvum xvBa/ Unit Tvm| # Code Section Description Quantity UvM Price Amount 3.0oonstrumivu 013 GC Contract rOe Remove and Replace u,Install New Std. Fiberglass Manhole, Less '25.00EAon 5.000.00 -125.000.00 than 5'Depth (With All Joints &Con 015 GC Contract 3301 Remove and Replace o,Install New Std. Pre -Cast Concrete Manhn|o, 25.00 EACH 7.000.00 175.008.00 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 6 Assistant City Manager r City Clerk Approved AllanNogrete 19-May-2023 07:45AM CST Approved Kevin Young 19-way-202311:08AM CST Approved Amu|ia^wv||y^Villarreal 1ow|ay-2O2311:22AMCST Approved aanuurtkowiak 19-may-202312:27PM CST Created by: Kevin Young om1nxxay-20na Last Modified by: Bart aauxnwpkon1g*ay-2oxo Grand Total: so.00n.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 Langharn 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 01 -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-P-M— -CST Projectmates Contract --,- — -- * ' " ­­ * ­ "' * ----------- * ................. * * ...... 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 approximat6ly 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 Maria Jalmes 27738 Reason Owner Requested Code Days 60 Changed I........ .. ... ....... . ..... Attachments CO 2 Plan Set4thSt. Addition (Executed).pdf I ......... ....... ...... ...... ........ 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 4,109,525.001 Now Substantial Completion Date All Change Orders make up 11.95% of the Original Contract Accounting and Status Accounting Status https://cityofbeaumont.projectmates.comiProjectmates/C Exhibit "N' aspx?enc=28878 0 01 099DB758OF61 C4C8707E682578... 113 ill 8/23, 3:41 PM Projectmates Contract .... ....... ­­_.'_.._'._­.._.._ . ...... ....... . .. ...... item id 340 PO Number 430946 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 Wasl Unit Total Code Section Description Quantity UoM Price Amount 3.0 Construction 005 GC Contract 351 Flexible Pavement Structure Repair (4") 600.00 SY 60.00 36,000.00 016 GC Contract 3301 Remove and Replace or Install New Sid. Pre -Cast Concrete Manhole, 2,00 EACH 7,000.00 14,000.00 Less than 5'Depth, (With All Join ........ -------- --- - ------ - — --------- .......... 016 . ... .. ......... GC Contract 3301 Remove and Replace or Install New Sid, Pre -Cast Concrete Manhole, 16.00 EACH 7,200.00 108,000-00 Sto 8'Depth (With All Joints & 019 GC Contract 4020 Pipe Bursting 6"-8" Sewer to 8.625" OD, All Depths 175,00 LF 35.00 6,125.00 022 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: 25-Jan-2023 Name or Role Status Actions • I External -GC Approved Allan Negrele 18-Jan-2023 02:26 PM CST ...... ------ 2 .. Project Manager ..... . ... ...... Approved John Pippins 1 8-Jan-2023 02:49 PM CST 3 city Engineer Approved Arnalla "Molly" Villarreal 18-Jan-2023 03:03 PM CST 4 Director Approved Bart Bartkowlak 18-Jan-2023 03:35 PM CST --------- 5 --------------- Admin Approved Cars Woodruff 18-Jon-2023 03:41 PM CST https:llcltyotbeaumont.projectmates.com/Projectmates/ContractMgmUContraotPrinterFderidly.aspx?enc=28878DOI 099DB758OF61 C4C8707E682678... 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.projectmetes.com/Projectmates/ContractMgmtlContractPrinterFriendly.aspx?enc=28878DO1099DB758OF6lC4GB7O7E682578... 3/3 CITY OF BEAUMONT Data: July 20, 2022 P(Ojocl: CIIyW1do Plpo Bursting Conlrooll -Phlao I County: Jefferson DIaldol: Beaumont Contract Number: BID NO. WU1022,02 Owflon City of Beaumont Contractor. King Solution Services, LLC C.O. No,: I I — 7HE FOLLOWING CHANGES IN THE PLANS EBY MADEt-- Reason for Change- To add additional plan shoals for the Traffic Control Plan OWORKINIJDAYAWLLSEADOIC170TI115 CRANOE ORDER -- ORIGINAL CONTRACT AMOUNT: i 3,070,700.00 NET FROM PREVIOUS CHANGE ORDERS TOTAL AMOUNT OF THIS CHANGE ORDER: It PERCENT OF THIS CHANGE ORDER. 0.00t4 TOTAL PERCENT CHANGE ORDER TO DATE 000% NEW CONTRACT AMOUNT. $ 3,670,700 00 - CONTRACT TIME ORIGINAL CONTRACT TIME: 365 calendar days ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS; 0 calendar days ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER: 0 �s REVISED CONTRACT TIME; 365 calendar days CONDITION OFCHANGE: 'Contioclor aftoveledges and spidis tholtho adjustments in contract price and conluul Unur ollpirlatod In this Chontio Older iopnionts, full compensation for all Increases and done miss In the cost of, and the time foritulled to perform the entire work under the contract orhing clincity OF Indirocily from this Change Order and oil pfavIous Change Olden, Acceptance Of U11% WAIM COMWell In 41914111111111 between Ovenot and Contisclorthol the Chanoo Older loplowbi an oil lncfu*o, mutually agreed upon adjustment to the Contract and that Contraclorvoill valve III IIIIhIs to 016 a clsim an this Change Older after R Is pulparly sliocutill.' ACCEPTED BY: PREPARED BY. -712o/2,01M 7 A -A r, z k Jk I 1104 ViNCISO DATE JOIN FIRM ill, ' DATE WAYERununis FIONAIANACIER KI10 REVIEWED BY: CITYINOINIER APPROVED BY: INTERIM CITY MANAOER Q ;REVIEVWME Y 'DARI'DARYKOWIAK' DATE DIRECTOR OF PUBLIC WORKS 6 TECHNOLOGY deRvicall ATTESTED BY: 411-11), Projectmates 01 M)FIBEAU1100INT -11RC)J1..1CF1MA 1 ..",3 CUM Invoice #001-009-FINAL for Invoices/Pay Apps WL1,1022,02 CITY WIDE IP11111PIE BURSTING COINTIRAVIF,� PHASE 111, 1350 IlLalmmgInarn IRd, Beaumont, Texas 77707 United States Wednesday, Ja in 08, 2025 Invoice Details Confira& Conlira& - 001 W4.J1022-02 CRy Wide I I Contract - 111 Invoice # 00 1,009-11FINAIL Descirlpflon Phasell Invoice I Jan 08, 2025 Flay II leflod IVIair 02, 2024 (o Jain CW,, 2025 FIFIall IFWOIC( ye S Ginaind lo�@11 $22 7,0 1620 11 b Allan lqegio�e 2(138 (King Sohbon Sairvices ..1l Ci'eal:ed 1:3y I YGUIFng (CRY (>I' BewAIM011(;) CI°eal II.Da lIe Jan 08, 2025 10:26 AIM CS 11 11 invoice 11 ID 1383 Retainage Work Coinrojplel:ed % OLD I Skxed % OLO Line Items Item Account WBS/ Description Contract Previous Quantity UOM Unit # Code Section Total Payments Price 3 0 Coinsh-uiclh)in 001 GC 00000 Vo1h1hza[kx1 1.00 175,00000 000 LIS I Y5,00D DO C01111-ad J?r";'(➢OC C)o 175,00000 Amount Due: 400,567.45 Work Materials Total Completed Stored Amount (WC) (MS) 000 000 17"'Ow ()c 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) 002 CK" 3161 FL1111 Delp(I'll 10u,1w C7 ON 000 Sy 45 00 4,500 00 0.00 4,50000 con[lact Repair al,Side 40,00 walk (T 4,500 DO 003 GC 361 Full Dep(I'll 'C5c ou 0 00 0 00 SY 45 00 1 £,250 00 000 11,25000 con[ract Rel',jaiii af 45.00 Driveway (6"1 11,25000 004 GC 361 Full Delp(h 550 00 ( 64,03500 000 SY 125 00 4,71500 000 68,75000 Canbract Re l,,41ii & 125.00 :: Conci ete 68,75000 Flaveifnen, (n O'i) Dos ("C' 351 Flexible c"()n wD cqr 54)000 00 O(M Sy 60 00 0.00 GOO 54)000 00 C0111'ac3 laveifila,'IqC 60.(K) Strur"Wile 54,000 00 Rej,')'AIjjr (4") 006 GC 402 1 'C"I'lich 4,000 00 3, Z 72 00 0 00 LIF 1.00 228 00 0 00 4,00000 canhact ...xcav�Alairi 1.O0 Fliro[echoin 4,00000 ON ("11C 502 Barricade.% vzc oo @ 28,800 00 0.00 EAC11 1 20f9.00 D,200 00 000 30,00000 Dxr(I@Gt Signs, and 2MOD :: I 'ec 30,000J)O 11 widling HS 2821 Chain IlLinik and 2,400 W ((P 74000 000 LIF 2.00 4,06000 000 4)800 CJ0 Conli'acl Wooden ZOO :: Fei,ice-.', stud 4,800 00 Gate,,,, WM Rroecl Manageirs Aplairovall 009 GG 2558 Clean and 5'000 00 4,67000 000 LIF 5 00 20,33000 000 25,000 00 ConI is 10119050 SOMIE',1' 5.00 All Sizes arid 25,000 DO Dej,)(Ihs, As Dlrc,(�(ed lay dhin Owinors, 0 10 GC 2553 Obshruckyl 30,250 00 0 00 EACII 1 2150 00 7,250 00 000 37,50000 conh'ad Rci'riovall C'�Y 25D.OD :: Excavahari, All 50,161D0.C10 Sizes, All Dej',Ahs) VVI(h Fliro[ec� Vainagair's Alplairovall Grand Totalll 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 EAC111 1 650.00 143,650 00 0.00 483,600 00 con[lact Servic;e 6150"00 :: Colligedlon laCr 483,600 DO E.xcavadoiii including cleal,lmils to Liner' Coalplete, All Sizes and 11.1E la 012 GC 2534 Fui,inish aiid 21 00 Cq� 15,75000 0.00 ...AC11 1 1, 0 a00 6,300 00 000 22,050 00 Corlli,act Ihr,,AA11 lEnld cjr,- 1,1150,00 :: Lli ip Gleanwl 22,050 DO by 11.3xcavabon D 131 G G' 708 Reilloveand 34 00 Ca 55,000 00 0.00 EAC11 1 5,000 00 115, 000 00 0 00 70,000 no Gcwt,act Rej,,Ylac,or 5,000,00 :: Install I I jr0,00Q CNO Std F"ilwi,ql@ss Manhole, Less H-11an 5, 1 (I'll (WIth A111 Jaln[�'a & Can 014 C11G, 708 Reirmove, and 34 CD (Cp 28,00000 000 11AC11 1 5,(600 K 162,40000 000 190)400.00 G0111lact Rej,,jlace or 5,6D0.00 :: Install 1 190,400 DO std Fiberglass Vainhalle, Stc) 8'11DejpIh (\A/ldh All Jcin[s & Calinec"t, 015 GIC 3301 Rcirnwcand 23 00 161)00000 OW 11AC11 1 7,000 W 000 0.00 161)000.00 Corllracl Replann, tar 7,0110.00 in,,.A.all I 161,0GD DO Std Pire, Cas,l collarete Manholcl, Lcs'.� H lan 5' D(-�q A-11, (With A111 11blin 016 GC 3301 RGITIOV01and 69 co 4 96, BOO 00 0.00 EACII 1 7,20000 000 000 496,800 00 cunhad Reg,Ilbce or Zr 2K.00 Install 1 496,800 DO Std F11-C Cast C,cllurete I SW 8'1-)ej[Ah OA/ldh All Jcin[s & 017 GC 708,3301 ElxCra Dejpdh ror 2.50,00 0,00 VIF 100,00 20,000,00 3,00 25,000,00 Corlbract I w 100"00 Grand irotalll 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 ,)Iaceirrieii 25,0DO 00 Std IManhole, Over 6' 1 (If ire Cast Cali 01- Fiberglass) 018 GG 2555 Abandoi,i 10 00 C 9,00000 000 IE A(".111 1,50000 (,;,OGO 00 000 15,00o al r, '01111-act IIVI<I^rlhallln 1,500.00 1,',, 000 DO 019 GC 402CI i Bursting 32,000,00 (c3 869,400,,00 0,,00 LIF 35,00 250,6G0,00 0,00 Q0,000,00 6'%.8" Sewer to 35.00 8 C , 325" 01D, All 1,120,000 00 Del"yUhs 020 cx 4020 1111-w, Builstillig 750,,00 Cr,)N 33,750,,00 0,,00 LIF 45,,00 01,00 01,00 33,750,00 col -Thad 10" Sewer lo 45.00 :: W 75" 011.), All 33, T50 DO I.X" "Ahs 021 GIG 4020 Flipe, BUI(sting ;,1,Coc co (cp 141,82000 OW LIF 40 DO 2,18000 000 144)ON 00 Calliact 12" Sevver [cu 40.00 :: 12 75" 01.-), All 144,000 DO De,J;Ahs 022 GIC 4020 Pille 1.3urstillig 4,900 00 (t� 323,677 00 000 LIF 6Zr 00 4,623 0(D 000 328,30(h00 C01,111-act 15"Elewer k) C,7,00 :: 16 0" 011 All 328,M) DO Dej:rUhs 023 GIC 600 Rei nove and 2,000 00 (q), 79500 0.00 LIF 15(0 29,20500 000 30,000 00 ("onlirflict replUce 15,00 :: eAsiling 50,0m,00 sainilary it^WVnrW I" Vila (.)Jlga1-11 Cut, AddIII ibiriall ta 111111")e Bursting CoSL, 5' to 10" 024 GIC 600 Re'll-Illove, arld 2,000 00 (q) 000 a 00 LIF 1800 36,00000 000 36')000 00 ('011115ad i 18.0l) :: OXIS(lirig 36,000 DO &Jnilary Sewer Via Cut, Addihoinall to Pipe BU-stling cuss'(;., I a' k, 115 lbitall 829,491.00 2,8411,200.00 829,491.00 OM 3,670,7MOO Girand 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 # Z: 1113 Addition 41 Street �3 0 ConstirliA D05 GIC 351 1: exi alle (l(➢u7w 4,58100 0 W Sy 00 31,419 00 GS.00 ()(1 calh-act Flaveillnlai,1 60.00 Stru(Auife 36,000 00 Rej:)air (4"( 015 GC 3301 Reillove and 2 DD 000 000 EAC11 I b,(1GD 00 14,00000 000 14,000 00 corlbrac,i III (ii, jrj)C)O ((O in,5ta11 1 14,000 00 Std Pire Casi: Concrete Manhole, LesF, diall 5, Dc"J'All, (With AllJoin 016 GC 3301 Rerwve and 15 00 (g) 108,00000 0 00 EAC11 I 7,20D DO 000 f0.00 08, 000 on Conliact R01"Ylacn, 01. 7,200M :: IwAall 1 108,000,00 std. Flire C"A"A Concrete Maillhole, Uto 8' 1 (l (VV 1 dh All Jloirls & D19 GC; 4020 111 1:3urMing 1 m W 2,345 00 0 00 T J5 00 3, 780 00 0 00 6) 125 00 C01,111-act 6" 8" Seweir N 35.00 8 6215" 011D, All 6,115 00 I 022 GG 4020 F111pe Buistling 4,100 00 274,70000 000 LIF 6 1 00 0.00 000 274,70000 Con(ract �5",13,evver lo 67,00 :: M 0"(DID, All 2 ?r 4,700 00 DellUls lildiall 49,199,00 9t9,626,00 49,199,00 CU. o 438,825,00 CO 4 Mainlholle Quantity AdIjushneirg 3 0 Coll 013 GC 708 Reinove''Ind 25 00 C4) 0 00 0 00 ...A(111 1 5,000 DO 1125,000 00 (0.00 25,000 00 ("01,11lact Replace, or 5,000 00 iiiFAall 1 125,000 Y) 13W Fllrucrglass Mallhole, Les�� Ulan 5, Dej,,fl I'll (VVit1h A111 Jloirl(s & Con 015 GC 3301 Reillove and 25 CD 168,00000 000 EAC11 I b,OGD 00 000 00 000 175,000 00 Carlbrac,t 11101' jrj)C)G in,-�tall I Std. Pire Casi: Concrete Girand irotalll 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 10111 Joini RAW 1118,00000 168,00MO 118,000AO (LOO 50,00100 C 0 #5': I Tolp/lEincasernent Addiltillon 3 0 C 0 11 s 025 GIC 00000 Concrete I co (q), 1750000 000 L. 7,500 00 000 Goo 17)500 GO Conli-ad Eiricaseiggent & I Z,500.00 :: sqLial'' 17,1500 DO concirete cjj6s ra, 5 Mal d wles allong DID6 I Bankon Malp I Toltall 0AW 1 7,500m QV. O MO 17,500M C 0 8 11115 dd!II t1i oin 3 0 Coirl.sh l 014 CK, 708 ROITIOV' and 1 co C 7 0 00 0 00 EAC11 1 5,600 00 5,600 00 0 00 5,300 () 0 co n I I act Replace or 5,600 OD Install I 5,ax) C)c 13td FlIjol,gloss Madhole, 5' to 8' IIDeeIl(h (VW dh All Joh-lbs & Conned U. 0 GG 4020 1`11pe, Buil=Aling 65 00 000 000 LIF 45 00 2,925 00 000 2,925 00 Conbract 10" Sevver lo 45.00 W 75" (DID, All 2,92500 Dpj�%hs IdIall 8,525,00 DAW 8,525,00 MO 8,525,00 (w',01/00 1 006: CO # 6:: 1 111as1rstfing INIalp 14 Addition 013 GC 708 Reinove, and 3.co Ck� 1,15,000 DO 000 EAC111 1 5, 0 00 on 000 0 00 1 5,0M 00 CC 1,11lact Replace or 5,000 00 :: install I 15,ocm Do Std FlIbei,glass Mait1hole, Les=� than '13, IIDe l(I'll (VVIt1h A111 Jaln(s & ("all 014 GC 708 1 and 3 0 D ng 5,60000 000 EAC11 I 5,6GO 00 11,20000 000 16,800 00 conbract Rlej'Jace (li, 5,600.W :: Install I 16,8(1I:l 00 Std F11,mi,glass Van1hole, 5' to 8' 1 (WI11h Grand irotalll 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 (30, 4020 i I.Wirsting 1,275,00 (q) 34)090,00 000 T conkpoct 6" 8" Some( to 35.00 :: 8 625" 01D, All 44,625 DO DejpUhs Toilall 211,735AW 54,69MOO CO#001 009�: CO #9 3 0 Construction 026 (11(; 00000 Man1hole wall 2Q1.00 (cp C01,111act iner, I 1 325.00 :: ('01rinisifyi 6,500 00 resistaill waIII liri 027 01C 00000 ru,'tall exbra 1.00 (p conlia("t ceirinent 2,800.00 :: s(alo!1117nd sond 2,8DO 00 backhIll and rence raiii-iovall, coirriplete lin "Aace roil all 9,300,00 CO#001 010!: IfRinall CO 3 0 Coin str"c rion 002 C.11C 361 Dell)[Iii 100 00 (e4 Rvp@1i[ ai'Side 45.00 :: Wall, (5") 4,500 00 003 C;C, 361 1:R.1111 Delp1h 250 00 A) conlilact RejpAlir of 45.00 :: Drim,may ((1") 11 1,250 00 004 GC 361 ::�RAII I )ejp1hi 11,37 28 @ Coniia(A Rej,7alir of 125.00 :: Can crr."te 17, 160,00 pavelinei'll (1 Ol N5 C"(1, 351 1:: Ilexi ble 458,,88 Gp coil [I act IPavenaaerri 60.00 :: 'Stiniciure 27,53280 Foq,7oiii (4") 006 (�c 402 1 renc.h 228 00 (k� r,oinh- act E.xcavadoifl 1.00 Piroledion 2.28 00 35,DD 10,535,,00 01,00 44,625,00 21,735M (00 76,425AG 000 000 VIP 325 00 6,50000 000 (11"500 00 000 000 1 2,8 GO 00 2,80000 000 2,800 00 0,00 9,300,,00 0"00 9,300,,00 000 0 (M SY 45 00 4,50000 000 4,1500 00 000 000 Sy 45.00 . 1 ,250 00 Goo 11,250 00 0.00 000 SY 125 00 17,116000 000 17,16000 01,00 01,00 Sy 60100 2Z,532,,80 01,00 27,532,80 1 00 228 00 000 22f1.00 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) OCT CK" 502 Barricades, 6 00 C ON 000 EAC111 1 20(9.00 1,200 00 0 00 1,20000 con[lact "Signs, and 200,00 :: I I'arric 1,200 DO 11 aridling HS GC; 2821 Chain IL ink aind 2,030 W (g) 000 000 LIF 2.00 4,060 00 000 4)060 GO ccynh'act Wooden 2.00 :: Fences, and 4,060 00 Qates, VV11111 piro�ec� Vaii@gcirs Alp1r,wowil 009 C.11C., 21558 Clean and 4,066 00 @ 0 00 0 (M LIF 5 00 20,330 00 Goo 20,330 00 cunlrasct I C"If"Visc, sever 5.00 :: All Sizes and 20,330 00 Dej,'Ah�,,', A,,', DirecLed bydhe Owners 010 C 25153 01"Mslnlcllon 291.00 0 00 000 EAC11 1 250 00 Z,250 00 000 7,250 00 con[r"aGt Re'niovdll Ljy 250.(X) Excavalinin, All 7,250 00 Sizes, All 1:9ep1l'is) Wilhi pvo�ecl Vainagar's Appiroheal 011 GC 2534 Reconnect 221 co g 000 000 IEACII 1 650 00 143,650 00 000 143,650 00 (,unh- ad 650.00 Connection Lay .143,65000 Exravadon Including Cleanrn.][G to Liner' Cariliplate, All Szes and 012 GC 2,534 Fwrilshi arid 0.00 (4 ON 000 EAC111 I 1,0"0 00 .6,30000 0.00 6,30000 canhad Install 11-ind 0( 11,050.00 Line Cle"'111ou( �,100 00 by 11...rwavaUori 013 CC 708 Reirriove, and 2 00 (q( 000 000 11AC11 1 5,000 cm 10, 000 00 000 10) 000 0 a C011h,act Rej:Jace or 5,000.00 :: in;ctall 11Ve w 10, 000 DO std FiLwrgkjs Manhole, Less dhan 5'11.-)ejrAlh (With AllJoin[s 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) 014 GCI 708 Reirioveand 32 00 000 000 EAC111 1 5,600 00 179,200 00 0.00 .179,200 00 Con[lolct Replace, or 5,600,,00 :: in�jtall INew I F9,200 DO Std FlIxi,glass wanhole, 5' to 8'De1p(h (Ndh All Jolinbs & Coil 015 GG 3301 Rei nove and co 0 00 000 EAC11 1 7, 0 cto 00 53,000 00 0 00 E)3,wo oc C"011bract Rcj�)11�3cc 01' 7,000.00 :: Il in,,A.All INew 63,ODD DO Eod Fliie Gas� colicirrste, Manhole, Less ffian 5'IlDej-lh, (Vold [ A111 016 C, 11 C 3301 Reiiiove and 13 00 000 300 EACII 1 7,200 00 93,60000 000 93,600 00 Conliac,t RejNa(x: ol, 7,200.00 ri�,Aall INew 93,60O 00 std Flire ca' A corlamto V,nin1hole, 5'to 8' IIDe 1p1h (Wilth All Jolrl�s 017 G,(; 708) 3301 ...Ah'a Delpilli ror 200 00 0 00 000 VIFF I DO 00 20,000 00 0 00 20)000 CJ0 C"On I nact Now or 100,00 Rel,,)1aceirrien( 20,000,00 ,Std Maighole, OVol' 8' elath (II- ire Cast Coricl ete or 015 GG 2555 Abandon 4 00 C(J) 0 00 0 00 11AC11 1 y.00 G,GOO CM 0 00 6,000 00 Conharl Vaighole 1,500.00 :: 6,000 00 019 C11C 4020 11-111joe, Bu(stling 7,569 00 (g) 000 a 00 LIF 35 00 264,91500 000 264) 915 00 Conliact 6" 3" Sewei(to 35.00 :: 8 625" OIL), All .264,915 DO 020 GIC 4020 Flipe :kjirstling 254 00 000 0 00 LIF 45M 11,43000 0 00 11,43000 C01,111-act 10" "lewer (o 45.00 t 0 75" 011D, All 11,430 DO Dej,"Al is 021 GIC 4020 1111[ne, Bursting 54 50 000 000 LIF 4000 2,180 00 000 2,1130 00 Con(ract Q" E,evver lo 40,00 2 18000 Grand irotalll 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) 12 75" 01D, All I.D01,3(lis 022 ('110 4020 Fllj-Me, I.Wirstling 69"w @ 01,00 01,00 LIF 67,C)o 4,623,00 01,00 4)623,00 conhact 15" Sevver to 67.00 :: 16 0" 01D, All 4,G23 DO Dej,,Ahs D23 GC; 600 Renove d31,1(1 1,947 00 ((g 000 000 ...IF MI5 DO 29,20500 a 00 29)205 00 ("01,111'act '&Jplace 15"00 exisling 29,20500 sollikary sewei, Via 011 Cut, Addilloinall to Rjou, l3u[stlirig COS[, 5, to 024 GC 600 Rei,nove and 2,000 00 00 f9.00 LIF 1800 00 0 00 00 Conliact eplacc IBM exishing ;S(i,(xx) :)o Sainl(al'y Sewer vila CS C. Addillaiiiall to Flipe Bursting Cos[, I(N Ew Summary 573,23320 Oko .573,23180 Obo .573,23180 Girand Totall 3,698,041 20 I. COII bI e]C, ff S Urn '-A 'nend iTien ls ?. New Chaiinge 1,,,)y CI i alrng II equest 3, Con9;iiacf Sun ]b IIDaaUe (11L.Ine 1 « II...Ilne 2) 4, IloWll Ca. iinjr.flleted & 13fored IIo Da1,e 5, Ref:@Iinage, 5a, 0,00% of Coi,npIetNJ Work (Colurnin 11 oin C oinflirivaflon Slhee) 511bM0% of Sbred 1Maate2riiaall (Coluiiyun J on Coinfinuaflon SlheO) foall Ilreeffuaiinaarga, (5a 1- 51b) 6,, Tobll Eanned Less RAM IRe falinage T, L.ess ls�lirevlwjs Ceiqlficapes for IPaayimealral 8, Cunrei,JAirnowink Due 9, 1:3011ance ¢o lFiniish, Ilnelluua111rng Relfalinage, (ILIne 3 less L.Ine 6) FIN R METIn I M n. Jine 1111em Ilype UnIf joirlcea Grouj�.) H Coil sirwclfoin Accounting and Status CapbIl IPu.unding Source coiWirucHoin - ('1111YWIIII-DIE IF:11111PIE IIEWIIFCS,11 II II - IFIll ASI.- 11 Cajpl:all Pirojed IkFiscaall Year 2025 F10 Nuniber 451214 Approval (Approved) User I Role Status B11111 IKeIr p (Inspecbii) Approved Jan 08, 2025 1224 II PIMA CS 11 Kevilin Young (Project Mareger) Approved Jain 08, 2025 0 1 :07 II IIMI CS 11 knall !a "Molly" V11111arreall Approved Jain 08, 2025 0 1 : 14 IPIIVI CSII Dara Woodirurf (Adi,nln) Approved ,hain 08, 2725 01 :53 IPIIVI CSI 3,670,700M 21,341.20 3,698,041.20 3,698,041.20 0,00 3,698,041.20 3,297,473,,75 400,567 45 MO Comments 214217A100 Qjec hurl a tes, co m K) 2025 lllirojeclirnnlo/ Sys teirnak.,s, Iliac. 2435 N Conlirall IHxlpy Richardsorl, ➢ X 7,5080 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Director of Public Works, Interim MEETING DATE: February 4, 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 4th day of February, - Mayor Roy West - o 0 ",In 0 n n 0 n w K m w w w x w 0 m w m n :�! 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Williams, City Manager PREPARED BY: Duncan Brown, Jr, Assistant Chief Financial Officer MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider an ordinance amending the FY 2025 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The City's 2024 fiscal year ended on September 30, 2024. At that time there were contracts, purchases of goods and services, and other items that were approved and budgeted in Fiscal Year 2024, but the actual expenditure was incurred in Fiscal Year 2025. Exhibit "A" lists the carryover items for those expenditures that are being requested so that the budget for those items can be re- established in the current fiscal year. These expenditures were originally included in the budget projections for Fiscal Year 2024. Exhibit "B" lists the FY 2025 amendment items. All items will be funded from available balances as of 9/30/24. The details of the proposed amendments are as follows: 1. The General Fund's adopted Ending Fund Balance for FY 2025 is estimated to be $43,407,670. This Ending Fund Balance takes into consideration all the requested carryforwards in the General Fund. These requested items were estimated in the FY 2024 budget. The total General Fund carryforward request is $205,965. This includes items in various departments, including the following departments: I.T., Facilities Maintenance, Recreation, Planning and Community Development, Parks & Greenspace, and Police. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. See Exhibit "A" for a listing of each carryforward item. In addition to the carryforward items, the City authorized an amount up to $275,000 for pre -development -related services for costs associated with determining the feasibility for construction of a potential full -service conference hotel to be developed in the downtown area. The selected developer, Stonehenge Holdings, and third parties engaged by the developer, are currently performing such work that includes, but is not limited to, providing due diligence for a market study, architectural and engineering services, and financing options for the hotel project. This item was voted on and approved by the City Council at the October 29, 2024, City Council meeting. The budget also needs to be amended by $111,200 to cover the cost for the City's seasonal workers, in the Recreation Department. Funding for the cost of these seasonal workers had been included in the City's budget in the past and was not included in the proposed budget for FY 2025. This funding amount adjusts the total budget for seasonal workers to last fiscal year's budget level. The budget requires an amendment to reallocate two (2) positions from the General Fund to the Health Grants Fund. These two positions were inadvertently added to the General Fund's listing of positions. Also, the budget will need to be amended to include reimbursement for street repairs completed by Public Works for the Water Utilities Department. Adjustments for these two items, and adjustment for standby pay totaling $16,600 will result in a reduction of $453,341 in General Fund expenditures. The final General Fund budget amendment request is for a new division within the Recreation Department: Sterling Pruitt Activity Center. The amendment includes temporary wages for Track, contract services for Basketball and Flag Football, and additional wages & benefits for Program Coordination. This budget amendment request is for a total of $103,770 in General Fund expenditure and $32,000 in General Fund revenues. With this budget amendment, the General Fund is projected to end FY 2025 with a Projected Ending Fund Balance of $43,403,041. The projected Fund Balance percentage is 25.9% of the General Fund's annual operating expenditure, which is 5.9% greater than the policy requirement of not less than 20% of the annual operating expenditure. See Exhibit "B" for the other budget amendment items and Exhibit "C" for a summary and available fund balances, as projected with these proposed amendments. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $167,556,655 $242,594 $167,799,249 Total Revenues $164,010,086 $32,000 $164,042,086 2. The Capital Reserve Fund's adopted Ending Fund Balance for FY 2025 is estimated to be $358,480. This Ending Fund Balance takes into consideration all of the requested carryforwards in the Capital Reserve Fund. These requested items were estimated in the FY 2024 budget. The total Capital Reserve Fund carryforward request is $1,506,102. This includes items in various departments, including the following departments: I.T., Parks & Greenspace, Public Works, Fire, and the Police Department. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. See Exhibit "A" for a listing of each carryforward item. In addition to these carryforward items, the City Council authorized the application and receipt of funding through the State and Local Cybersecurity Grant Program (SLCGP) for use by Information Technology. This item was voted on and approved by the City Council at the March 5, 2024, City Council meeting. Total project cost is $47,366 with a match requirement of $7,401. With this budget amendment, the Capital Reserve Fund is projected to end FY 2025 with a Projected Ending Fund Balance of $351,079. See Exhibit `B" for the other budget amendment items and Exhibit "C" for a summary and available fund balances, as projected with these proposed amendments. Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $6,689,832 $1,553,468 $8,243,300 Total Revenues $3,438,900 $39,965 $3,478,865 3. The Health Grants Fund adopted Ending Fund Balance for FY 2025 is estimated to be $214,411. The total Health Grants Fund amendment request is $159,941 in expenditures and revenues to reallocate two (2) positions from the General Fund to the Health Grants Fund. With this budget amendment, the Health Grants Fund is projected to end FY 2025 with a Projected Ending Fund Balance of $214,411. Health Grants Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,296,377 $159,941 $1,456,318 Total Revenues $1,296,377 $159,941 $1,456,318 4. The Five -Year Community Investment Plan (CIP) includes capital funding in the current fiscal year for the West Lucas Drive Storm Sewer Rehabilitation at $2,250,000. The project's scope of work in the current fiscal year consists of stabilizing the soil surrounding the storm sewer pipe by grouting the underground cavities. The planned work for fiscal year 2026 will fully rehabilitate the storm sewer line with point repairs and installation of a structural cement liner. After evaluating the approved numbers allocated for this project in the current fiscal year and revisiting the original estimate with the Contractor, staff requests additional funding to cover the work planned for this fiscal year. This budget amendment request totals $1,171,812. With this budget amendment, the Street Rehab Fund is projected to end FY 2025 with the adopted ending fund balance amount of $0. The Street Rehab Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $11,000,000 $1,171,813 $12,171,813 Total Revenues $11,000,000 $1,171,813 $12,171,813 5. The Public, Educational, and Governmental (PEG) Fund adopted Ending Fund Balance for FY 2025 is estimated to be $1,551,228. The total Public, Educational, and Governmental Fund requires an amendment for audio/visual upgrades at the following locations: Civic Center, Lakeside Center Auditorium, Police Department Training Room, and the Event Centre. This budget amendment request is for a total of $5,450 in PEG fund expenditure. With this budget amendment, the PEG Fund is projected to end FY 2025 with a Projected Ending Fund Balance of $1,545,778. PEG Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $765,403 $5,450 $770,853 6. The Water Utilities Fund unaudited Ending Fund Balance for FY 2024 is estimated to be $15,110,952. This Ending Fund Balance takes into consideration all the requested carryforwards in the Water Utilities Fund. These requested items were estimated in the FY 2024 budget. The total Water Utilities Fund carryforward request is $1,007,927. This includes items for various projects, including the following: Republic Meter Endpoint Repair Project, Wetland Outfall Pipe Coating, Elevated Storage Tank Cleaning, and Generator/Fuel Tank Monitoring. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year. Water Utilities Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $59,806,386 $1,007,927 $60,814,313 7. The Solid Waste Fund unaudited Ending Find Balance for FY 2024 is estimated to be $3,681,908. This Ending Fund Balance takes into consideration all the requested carryforwards in the Solid Waste Fund. These requested items were estimated in the FY 2024 budget. The total Solid Waste Fund carryforward request is $586,544 for the purchase of two (2) grapple bodies. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $14,533,800 $586,544 $15,120,344 5. The Tyrrell Historical Trust Fund unaudited Ending Fund Balance for FY 2024 is estimated to be $15,027. This Ending Fund Balance takes into consideration all the requested carryforwards in the Tyrrell Historical Trust Fund. These requested items were estimated in the FY 2024 budget. The total Tyrrell Historical Trust Fund carryforward request is $14,321 for the installation of a security camera for Tyrrell Library. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. Tyrrell Historical Trust Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $38,912 $14,321 $53,233 6. The Municipal Transit Fund unaudited Ending Fund Balance for FY 2024 is estimated to be $218,848. This Ending Fund Balance takes into consideration all the requested carryforwards in the Municipal Transit Fund. These requested items were estimated in the FY 2024 budget. The total Municipal Transit Fund carryforward request is $65,892 for the installation of bus stop signs and handicap ramps. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. Municipal Transit Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $6,842,333 $65,892 $6,908,225 7. The Julie Rogers Trust Fund unaudited Ending Fund Balance for FY 2024 is estimated to be $104,699. This Ending Fund Balance takes into consideration all the requested carryforwards in the Julie Rogers Trust Fund. These requested items were estimated in the FY 2024 budget. The total Julie Rogers Trust Fund carryforward request is $13,453 for the upholstering of the Julie Roger's Theatre. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. See Exhibit "A" for a listing of each carryforward item. Julie Rogers Trust Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $0 $13,453 $13,453 8. The General Liability Fund unaudited Ending Fund Balance for FY 2024 is estimated to be $1,631. This Ending Fund Balance takes into consideration all the requested carryforwards in the General Liability Fund. These requested items were estimated in the FY 2024 budget. The total General Liability Fund canyforward request is $250,000 for a liability settlement. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. General Liability Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,530,000 $250,000 $1,780,000 9. The Hotel Occupancy Tax Fund unaudited Ending Fund Balance for FY 2024 is estimated to be $4,932. This Ending Fund Balance takes into consideration all the requested carryforwards in the Hotel Occupancy Tax Fund. These requested items were estimated in the FY 2024 budget. The total Hotel Occupancy Tax Fund carryforward request is $15,970 for Beach/Park on Waterway, computer equipment, and installation of an additional security camera. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. Hotel Occupancy Tax Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $3,365,725 $15,970 $3,381,695 FUNDING SOURCE Multiple Funds RECOMMENDATION Approval of the ordinance. ATTACHMENTS Exhibit A — FY 2024 Carryforward Request Detail Exhibit B — FY 2025 Budget Amendment Ordinance Detail Exhibit C - FY 2025 Budget Amendment Ordinance Detail Summary ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2025 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE WATER AND SEWER FUND, CAPITAL RESERVE FUND, TYRRELL HISTORICAL TRUST FUND, MUNICIPAL TRANSIT FUND, JULIE ROGERS TRUST FUND, HOTEL OCCUPANCY TAX FUND, PEG FUND, HEALTH GRANTS FUND, GENERAL LIABILITY FUND, AND GENERAL FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the Budget Ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2025 Budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional expenditures in the General Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $167,556,655.00 $242,594.00 $167,799,249.00 Total Revenues $164,010,086.00 $32,000.00 $164,042,086.00 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Capital Reserve Fund as shown below: Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $6,689,832.00 $1,553,468.00 $8,243,300.00 Total Revenues $3,438,900.00 $39,965.00 $3,478,865.00 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Health Grants Fund as shown below: Health Grants Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,296,377.00 $159,941.00 $1,456.318.00 Total Revenues $1,296,377.00 $159,941.00 $1,456.318.00 Section 4. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Street Rehab Fund as shown below: The Street Rehab Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $11,000,000.00 $1,171,813.00 $12,171,813.00 Total Revenues $11,000,000.00 $1,171,813.00 $12,171,813.00 Section 5. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the PEG Fund as shown below: PEG Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $765,403.00 $5,450.00 $770,753.00 Section 6. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Water & Sewer Fund as shown below: Water Utilities Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $59,806,386.00 $1,007,927.00 $60,814,313.00 Section 7. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Solid Waste Management Fund as shown below: Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $14,533,800 $586,544.00 $15,120,344.00 Certinn R THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Tyrrell Historical Trust Fund as shown below: Tyrrell Historical Trust Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $38,912.00 $14,321.00 $53,233.00 Section 9. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Municipal Transit Fund as shown below: Municipal Transit Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $6,842,333.00 $65,892.00 $6,908,225.00 Section 10. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Julie Rogers Trust Fund as shown below: Julie Rogers Trust Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $0 $13,453.00 $13,453.00 CPrtinn 11 THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the General Liability Fund as shown below: General Liability Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,530,000.00 $250,000.00 $1,780,000.00 Cartinn 17 THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2024 through September 30, 2025, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Hotel Occupancy Tax Fund as shown below: Hotel Occupancy Tax Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $3,365,725.00 $15,970.00 $3,381,695.00 Section 13. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 14. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of February, - Mayor Roy West - Q �' a s O U N O O N a } Q Q Z GOG =p w 0 _ o p a 1 L N a a a }' O U_ O C m m L> N O} V Ul N U fl_ � N N U > D_ > W L .- C o LL O ._ N fl Q 0 3 U a a n m m } w O O -a E E a o a a a � m n a n� � n -woWa W bD O O C C U f 0 � N �7 C E W <`7 J O N O >i O N by 3 -O o >> o o m 'm c o o O m m m y '- N O U O U d m d n o U m x ¢¢ x in l6 J J o ♦+ U N [C (6 T L C cdi C ¢ Cl)3 R 'i R N o N �y O f6 l6 m LL C U C O a-• O U i 41 A t6 M r U d y y N tJO a0E p C C 3 N 0 9 p m U_ C LOL LOL UI N O N Y N N N U U N O N N w N 1p = y i N O Q y N O M Y d +. 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Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Director of Public Works, Interim MEETING DATE: February 4, 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 4th day of February, - Mayor Roy West - 8385 Chemical Road - Beaumont, "rex°=as 7770:5 -(409) 8 2-6768 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: February 4, 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, II, III 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 I, 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 BEAAMONT, 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 1, Il, 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 BEUUMONT: 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. Qartinn 7 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. Certinn 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 4th day of February, - Mayor Roy West - C e TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Interim Director of Public Works MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to CZ Construction LLC, of Houston, TX, for the Seale Rd. Sanitary Sewer Pipe Bursting Project. BACKGROUND The Seale Rd. Sanitary Sewer Pipe Bursting Project will be for the rehabilitation of existing sanitary sewer lines by pipe bursting approximately 1,900 L.F. of existing 10" sanitary sewer mains to 10" (10.75" OD) High Density Polyethylene (HDPE) pipe, as well as related manholes and service connections. On January 23, 2025, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $209,390.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount CZ Construction, LLC Houston, TX $167,400.00 To-Mex Construction, LLC Houston, TX $216,777.54 Vortex Services, LLC Houston, TX $297,405.00 SETEX Construction Coip. Beaumont, TX $353,026.54 Based on a review of the bids and required documents received, Water Utilities staff recommend awarding the project to the lowest bidder, CZ Construction, LLC in the amount of $167,400.00. A total of 75 calendar days is allocated for substantial completion of the project. FUNDING SOURCE Water Revenue Bonds. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 23, 2025, the City solicited bids for the Seale Road Sanitary Sewer Pipe Bursting Project; and, WHEREAS, four (4) bids were received for furnishing all labor, materials, and equipment for the project; and, WHEREAS, CZ Construction LLC, of Houston, Texas, submitted a bid for an amount of $167,400.00, as shown in Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by CZ Construction LLC, of Houston, 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 CZ Construction LLC, of Houston, Texas in the amount of $167,400.00, 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 CZ Construction LLC, of Houston, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of February, - Mayor Roy West - LU 12 E z z U� °2 °2 0 0 u x "i 0 . . . . . . . . . . . oO o m o 'D o r1m ui M o m r 4S IOQ q O . . . . . . . . . . IL 01 O! z E- Z, w v O w 2 73 2 u w M- 42 16 Z'5 jjj M 12 t t t t E 'o CL 6 V US > o 63 t 0 . 0- .0 E Z z a u U) t5 u D w a IN V, 8- 8 0 (01 U) j U4 o c oL Gi E o C, ca z . . . . . . . . 't . 1p . ^ . . ifl . m q q q .. . . . . . . . . . . c5l O o6 . . . . . . . . . . . w 2 Mo w z m w 0 ol 0 z 0 0 w N o 60 w ul u) d Oa N in N Un 12 pt 16 2. zt oco > A A-. 2 ci io > u) z z lo vg c z m c. 'o o I . Ti I I i c, No Text II % TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: February 4, 2025 REQUESTED ACTION: Council consider a Resolution authorizing the City Manager the authority to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Emergency Relief Funds for the BMT Zip. BACKGROUND The BMT Zip, also known as City of Beaumont's Municipal Transit System, was allocated $113,528 for emergency relief expenses in the third appropriation through the FTA's Emergency Relief Funds for Hurricane Harvey, Irma and Maria Program. The total appropriation of $113,528 is to recover costs incurred associated with BMT Zip operations and equipment used during the Hurricane Harvey disaster. The third appropriation for FTA's Emergency Relief Program was $10,542,000 from the Additional Supplemental Appropriations for Disaster Relief Act of 2019, for transit systems affected by major declared disasters. In 2019, the city submitted costs that BMT Zip incurred as a result of the Hurricane Harvey disaster to the FTA totaling $113,528 and was recently allocated funds to recover these expenses. The City Council is now requested to authorize the City Manager to apply to the FTA and finalize a contract to secure the funds to recover said disaster - related costs. No local match is required. Source Amount Federal Transit Administration $113,528 Transportation Development Credits $0 City $0 Total: $113,528 FUNDING SOURCE Federal Transit Administration (FTA). RECOMMENDATION Approve the Resolution. ATTACHMENTS Supporting Does —Transit 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 submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive emergency relief funds for the Beaumont Zip in the amount of $113,528.00. 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