HomeMy WebLinkAboutPR 18425: ACCEPTANCE OF SECTION 5339 GRANT P.R.N0. 18425
07/11/14
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF SECTION
5339 GRANT AWARD FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION (TXDOT) FOR THE PURCHASE OF TWO (2)
PARATRANSIT BUSES FOR THE PORT ARTHUR TRANSIT AND
AUTHORIZING THE PAYMENT OF ADDITIONAL COSTS IN THE
AMOUNT OF $12 ,000 .00. ACCOUNT NO. 001-1003-512 .59-00 ,
PROJECT NO. M97903 .
WHEREAS, per Resolution No. 14-211, PAT was authorized to
apply for funds from the Texas Department of Transportation
(TXDOT) for a capital expenditure under its Fiscal Year 2014,
Section 5339 Bus and Mobility Program for the replacement of
two (2) paratransit buses; and
WHEREAS, pursuant to 49 US Code Section 5339, funds are
available to entities requiring extra capital for buses
including those under Section 5307 (small urban transit for
areas with 50, 000 persons or less) that operate a transit system
with said needs; and
WHEREAS, two of the capital items required this year are
paratransit replacements for Vehicle No. 221 used to transport
the elderly and handicap, and Vehicle No. 217 that meet the age
and mileage requirement of 5 years and less than 150, 000 miles,
said specifications are attached hereto as Exhibit "A"; and
WHEREAS, the cost of two (2) paratransit buses are
estimated at $238, 472 and the amount awarded in the grant is
$226, 472; and
P.R.N0. 18425
07/11/14
WHEREAS, it is necessary for the City to pay the remaining
balance of $12, 000 . 00; and
WHEREAS, a copy of the grant agreement attached hereto as
Exhibit "B" .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and
correct.
THAT, the City Manager is hereby authorized to accept the
Section 5339 grant award for two paratransit buses.
THAT, it is further authorized that the City pay the
remaining balance of $12, 000 to facilitate the purchase of the
paratransit buses .
THAT, a copy of this Resolution be spread upon the Minutes
of the City Council .
READ, ADOPTED, AND APPROVED, this day of June, 2014 AD,
at a Regular Meeting of the City Council of the City of Port
Arthur, Texas by the following vote : AYES:
Mayor: ;
Councilmembers:
•
NOES:
P.R.NO. 18425
07/11/14
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney '
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P. E. ,
Interim City Manager
Director of Transit
APPROVED FOR THE AVAILABILITY OF FUNDS:
Aidd-Z4—
inance Director
EXHIBIT "A"
Port Arthur Transit
2014 Paratransit Bus Specifications
Port Arthur Transit
2014 Paratransit Bus Specifications
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2014 Paratransit Bus Specifications
Contents
29) FEDERAL REQUIREMENTS ERROR! BOOKMARK NOT DEFINED.
A) ACCESS TO RECORDS 5
B) LOCAL GOVERNMENTS 5
C) STATE GOVERNMENTS 5
D) FEDERAL FUNDING,INCORPORATION OF FTA TERMS AND FEDERAL CHANGES 5
E) FEDERAL ENERGY CONSERVATION REQUIREMENTS 6
F) CIVIL RIGHTS REQUIREMENTS 6
G) NO GOVERNMENT OBLIGATION TO THIRD PARTIES 7
H) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS 7
I) SUSPENSION AND DEBARMENT 7
1) DISADVANTAGED BUSINESS ENTERPRISE(DBE) 8
K) CLEAN WATER REQUIREMENTS 8
L) CLEAN AIR REQUIREMENTS 8
M) COMPLIANCE WITH FEDERAL LOBBYING POLICY 9
N) BUY AMERICA 9
O) TESTING OF NEW BUS MODELS 9
P) PRE-AWARD AND POST-DELIVERY AUDITS 10
Q) CARGO PREFERENCE 10
R) FLY AMERICA 10
S) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 11
30) SCOPE 11
31) LEGAL REQUIREMENTS 12
32) CHASSIS 12
5) LOW FLOOR MODIFICATIONS 13
61 SUSPENSION 13
7) AIR LINES 15
Etj SAFETY INTERLOCK SYSTEM 15
a) MANUFACTURER CERTIFICATIONS 16
10) BODY STRUCTURE 16
11) CORROSION RESISTANCE 17
12) BODY EXTERIOR 17
11 ENTRY 18
14 WINDOWS 18
15 ELECTRICAL POWER DISTRIBUTION CENTER 19
16 ELECTRICAL WIRING HARNESS 20
17) LIGHTING 20
2IPage
Port Arthur Transit
2014 Paratransit Bus Specifications
18) FLOOR 21
19) INSULATION 21
20) INTERIOR PANELS& FINISHES 21
21) SEATING 22
A) DRIVER SEAT 22
B) PASSENGER SEATS 22
22) HEATING/AIR CONDITIONING 22
231 BICYCLE RACK A SPORTWORKS MODEL DL2 (OR APPROVED EQUAL) 23
24) FIRE SUPPRESSION SYSTEM 24
25) REARVIEW BACKUP CAMERA SYSTEM ROSCO SAFE-T-SCOPE'""7"(OR APPROVED EQUAL). 24
A) STSC101 CAMERA 24
B) STSM205 TFT LCD COLOR 7"MONITOR 24
26) MOBILE VIDEO RECORDING SYSTEM 25
1) SEON DX-HD 25
B) VIDEO AND DATA SEARCH PLAYBACK AND 26
C) CA SERIES WEDGE CAMERA 27
D) CQSERIES MOBILE IR CAMERA 28
T) AUDIO MINIMUM SPECIFICATIONS 28
U) GPS4 UNIT MINIMUM SPECIFICATIONS 28
6) SMART REACH MOBILE WIRELESS SYSTEM 28
6) vMAx®VIEW 30
27) FARE BOX 34
28) RADIO AND COMMUNICATION 35
29) DESTINATION SIGN 35
A) FULL COLOR DISPLAYS 35
a) FRONT DESTINATION SIGN 36
C) SYSTEM CONTROL ERIC AND PROGRAMMING 36
D) SYSTEM CONTROL CONSOLE ERIC 37
E) EMERGENCY AND WHEELCHAIR DEPLOY MESSAGE DISPLAY 37
F) SYSTEM LEVEL DIAGNOSTICS 37
G) PROGRAMMING 38
30) WARRANTY&SPARES 38
31 Page
Port Arthur Transit
2014 Paratransit Bus Specifications
III EMERGENCY EQUIPMENT 39
32 ROAD AND WATER TEST 39
33 SERVICIBILITY 40
341 QUALITY ASSURANCE 40
Figure 1: Paint 42
Figure 2: Striping 43
Figure 3: Floor Plan 44
Figure 4: Numbering 45
Figure 5: Camera Placement 46
41 Page
Port Arthur Transit
2014 Para � Specifications
transit Bus Specifications
Figure 1: Paint
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2014 Paratransit Bus Specifications
Figure 2: Striping
A:Dupont Imron 44488U Cumulus Gray Metallic
B:Dupont lmron 44459U Dark Firethron Metallic
C:Dupont lmron 44435U Black Metallic
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2014 Paratransit Bus Specifications
Figure 3: Floor Plan
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2014 Paratransit Bus Specifications
Figure 4:Numbering
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2014 Paratransit Bus Specifications
Figure 5:Camera Placement
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EXHIBIT "B"
Texas Department of Transportation
DEWITT C.GREER STATE HIGHWAY BLDG.• 125 E. 11TH STREET•AUSTIN,TEXAS 78701-2483•(512)463-8585
July 8, 2014
Colleen Russell
Planning Director
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641-1089
Dear Ms. Russell:
Enclosed is an executed Section 5339 Grant Agreement between the Texas Department
of Transportation and the City of Port Arthur. Please retain this original for your records.
If you have any comments or questions, please feel free to call me at 409-896-0270.
Sincerely,
,
Anthony Cochran
Program Specialist III
Enclosure
cc: file
THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY• EXPAND ECONOMIC OPPORTUNITY• IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer
PGA: SECTION 5339 FEDERAL- BUS AND BUS FACILITIES PROGRAM
TRANSIT PROVIDER: Port Arthur, City of
FTA GRANT#: TX-34-0003
CFDA#: 20.526
TXDOT PROJECT#: VCR 1403(20)03
PROJECT GRANT AGREEMENT#: 51420F7264
MASTER GRANT AGREEMENT#: 512XXF7106
FEDERAL TRANSIT ADMINISTRATION
NOT RESEARCH AND DEVELOPMENT
URBANIZED AREA: PORT ARTHUR
STATE OF TEXAS §
COUNTY OF TRAVIS §
FEDERAL BUS AND BUS FACILITIES PUBLIC TRANSPORTATION
FISCAL YEAR 2014
PROJECT GRANT AGREEMENT
THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas,
acting through the Texas Department of Transportation, called the "State," and Port Arthur,
City of, called the "Transit Provider."
WITNESSETH
WHEREAS, 49 U. S. Code, Section 5339 provides that eligible recipients may receive federal
funds through the Bus and Bus Facilities Public Transportation Grant Program, a federal
assistance program administered by the Federal Transit Administration to provide capital
funding to replace, rehabilitate and purchase buses and related equipment and to construct
bus-related facilities; and
WHEREAS, Texas Transportation Code Chapter 455 authorizes the State to assist the
Transit Provider in procuring aid for the purpose of establishing and maintaining public and
mass transportation projects and to administer funds appropriated for public transportation
under Texas Transportation Code Chapter 456; and
WHEREAS, the U.S. Secretary of Transportation approved the State's request for funding;
and
WHEREAS, the Governor of the State of Texas has designated the Texas Department of
Transportation to receive federal funds under the Section 5339 grant program; and
WHEREAS, the Transit Provider submitted a Fiscal Year 2014 Grant Application, Part I (GA
Part I) (if applicable) for state financial assistance and the Texas Transportation Commission
approved the application by Minute Order Number 113877; and
WHEREAS, the Transit Provider must execute a GA Part I and a Fiscal Year Grant
Application, Part II (GA Part II) for each fiscal year grant period for consideration for new
state and federal grants; and
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 1 of 3 01/13/2014
WHEREAS, a Master Grant Agreement (MGA) between the Transit Provider and the State
has been adopted and states the general terms and conditions for grant projects developed
through this PGA;
NOW THEREFORE, the State and the Transit Provider agree as follows:
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This PGA becomes effective when fully executed by both parties. This PGA shall remain in
effect until March 31, 2016, unless terminated or otherwise modified in an amendment. This
PGA will not be considered fully executed until both parties have executed a MGA, and the
Transit Provider has submitted the GA Part I (if applicable) and the GA Part II (federal funds
only) to the State. The time period of this PGA cannot be extended past the MGA, without
exception. Any cost incurred before or after the contract period shall be ineligible for
reimbursement.
ARTICLE 2. PROJECT DESCRIPTION
A. The Transit Provider shall complete the public transportation project described in the GA
Part I, the Attachment A - Approved Project Description and Project Budget. Attachment
A is attached to and made a part of this agreement. The Transit Provider shall complete
the project in accordance with all of the documents associated with the MGA and with all
applicable federal and state laws and regulations.
B. If applicable, the Transit Provider shall begin competitive procurement procedures by
issuing an invitation for bids or a request for proposals no later than sixty (60) days after
the effective date of this grant agreement for the purchase of the approved line item(s)
referenced in Attachment A. No later than sixty (60) days after the issuance of public
notification, the Transit Provider shall publicly open all bids or privately review proposals.
The Transit Provider shall enter into a binding agreement with a supplier no later than
thirty (30) days after the opening of an acceptable bid or proposal. The Transit Provider
shall notify the department in writing when it is necessary to exceed these deadlines.
ARTICLE 3. COMPENSATION
The maximum amount payable under this PGA without modification is $ 226,472 and 33,971
Transportation Development Credits, provided that expenditures are made in accordance
with the amounts and for the purposes authorized in the GA Part I, Attachment A.
The original and one copy of the invoice are to be submitted to the following address:
Texas Department of Transportation
Attn: Anthony Cochran
Public Transportation Coordinator
8350 Eastex Frwy.
Beaumont, Texas 77708
ARTICLE 4. AMENDMENTS
Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project
authorized in the agreement shall be enacted by written amendment approved by the parties
before additional work may be performed or additional costs incurred. Any amendment must
be executed by both parties within the grant period specified in Article 1, Grant Time Period.
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 2 of 3 01/13/2014
ARTICLE 5. INCORPORATION OF MGA PROVISIONS
This PGA incorporates all of the governing provisions of the MGA in effect on the date of final
execution of this PGA, unless an exception has been made in this agreement.
ARTICLE 6. SIGNATORY WARRANTY
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate.
THE TRANSIT PROVIDER
Signature
Typed, Printed, or Stamped Name
Title
Date
THE STATE OF TEXAS
Signature
Anthony Cochran
Typed, Printed, or Stamped Name
Public Transportation Coordinator
Title
Date
List of Attachments
A - Approved Project Description and Project Budget
B— Employee Protections
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 3 of 3 01/13/2014
ATTACHMENT A
APPROVED PROJECT DESCRIPTION AND PROJECT BUDGET
The application for State and Federal assistance, as submitted to the State, is hereby incorporated into this agreement as the project description.
TRANSIT PROVIDER: Port Arthur, City of
TXDOT PROJECT#: VCR 1403(20)03
URBANIZED AREA: Port Arthur
ALI DESCRIPTION QUANTITY FUEL TYPE FEDERAL AMOUNT TDC
11.12.03 BUS 30' 2 LP 226,472 33,971
Transit provider shall comply with Article 13 of the master grant agreement requiring procurement milestone/quarterly progress reports, including but not
limited to providing:
• upon execution of the PGA,a procurement plan describing the expected procurement methodology for each commodity or service to be purchased and
the estimated date of initiation of the procurement process(es) (in this context, the "initiation of procurement" milestone means the date of formal
solicitation issuance,requests for quotes,or similar milestone based on the appropriate methodology);
• within 90 days of PGA execution,actual dates of initiation of the procurement process(es)and expected dates to enter into a contract with supplier(s)
and/or maintenance/construction contractor(s);
• in subsequent reports,depending on the commodity or service,actual dates of entering into a contract with supplier(s)and/or maintenance/construction
contractor(s),and estimated dates of delivery or contract completion,and;
• in subsequent reports,actual dates of delivery or contract completion.
Transit provider shall comply with TAC rule 31.55 requiring transit provider to record a lien naming the Texas Department of Transportation,Public
Transportation Division,as the lienholder when vehicles and real property are purchased through this PGA.TAC defines"real property"as"Land,including
improvements,structures,and appurtenances...".For real property projects,transit provider shall file a lien with the property records or file a deed of trust in
favor of TxDOT.
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 1 of 1 Attachment A
Attachment B- Employee Protections
o-tMt.r `F4
U.S. Department of Labor Office of Labor-Management Standards
Washington,D.C. 20210
�j ♦Lh
June 24, 2014
Robert C.Patrick,Regional Administrator Federal
Transit Administration, Region VI 819 Taylor
Street, Room 8A36
Ft. Worth, Texas 76102
Re: FTA Application
Texas Department of Transportation
On Behalf Of:
Alamo Area Council of Governments (AACOG)
Purchase(2) Replacement Vans
Amarillo Transit System (City of Amarillo)
Rehabilitate/Renovate Admin/Maint.Facility
Ark-Tex Council of Governments (City of Texarkana)
Purchase(1)Replacement 30-Ft. Bus and(3) Replacement Vans and Acquire Miscellaneous Support
Equipment
Aspermont Small Business Development Center (ASBDC), Inc.
Acquire Shop Equipment
Bee Community Action Agency (BCAA)
Purchase(1) Replacement Van and Rehabilitate/Rebuild(1) <30-Ft. Bus
Beaumont Transit System (City of Beaumont)
Purchase(2)<30-Ft. Buses for Expansion,Acquire(2) Replacement Sedans/Station Wagons
and Miscellaneous Support Equipment, and Rehabilitate/Renovate Administrative/Maintenance
Facility
Brazos Transit District (BTD) (City of Bryan)
Purchase(3)Replacement< 30-Ft. Buses and(4)Replacement Vans,Acquire Miscellaneous Support
Equipment and Shop Equipment,and Rehabilitate/Rebuild(2)<30-Ft. Buses and
Administrative/Maintenance Facility
Capital Area Rural Transportation System (CARTS) (City of San Marcos)
Purchase(4)Replacement<30-Ft. Buses
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 1 of 15 Attachment B
Central Texas Rural Transit District (CTRTD)
Purchase(1)Replacement<30-Ft. Bus,
Rehabilitate/Rebuild(3)<30-Ft. Buses, and Acquire Miscellaneous Support Equipment
CityLink (City of Abilene)
Purchase(2)Replacement 35-Ft. Buses and Acquire Miscellaneous Support Equipment
Cleburne, City of— CLETRANS
Acquire Miscellaneous Support Equipment Colorado Valley Transit (CVT), Inc. Acquire
Miscellaneous Support Equipment
Community Action Council of South Texas (CACST)
Purchase(1)Replacement Van
Community Services (CS), Inc.
Purchase(1)Van for Service Expansion and Rehabilitate/Rebuild(6)<30-Ft. Buses
Concho Valley Transit District (City of San Angelo)
Purchase(2)Replacement 30-Ft. Buses, (1)Replacement Trolley Bus, and(4)Vans for
Service Expansion, Rehabilitate/Rebuild(2) 30-Ft. Buses and(4)Trolley Buses, and Acquire
Support Vehicles
Del Rio, City of
Rehabilitate/Rebuild(8) <30-Ft. Buses,
Acquire Shop Equipment, and Rehabilitate/Renovate Administrative/Maintenance Facility
East Texas Council of Governments (ETCOG)
Purchase(1) Replacement<30-Ft. Bus and Rehabilitate/Rebuild(7)<30-Ft. Buses
El Paso, County of
Rehabilitate/Rebuild (10)<30-Ft. Buses
EZ Rider (City of Odessa)
Purchase(6)Replacement<30-Ft. Buses and(3) Replacement Vans, Rehabilitate/Rebuild
(5)30-Ft. Buses,and Acquire Miscellaneous Support Equipment
Fort Bend County
Purchase(1)Replacement<30-Ft. Bus
Galveston County Transit District (GCTD)
Purchase(1)Replacement 30-Ft. Bus
Golden Crescent Regional Planning Commission (GCRPC) (City of
Victoria)
Purchase(4)Replacement<30-Ft. Bus
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 2 of 15 Attachment B
Gulf Coast Center (AKA Connect Transit)
(Cities of Lake Jackson/Angleton and Texas City)
Purchase(2)Replacement 30-Ft. Buses and
Rehabilitate/Rebuild(6)<30-Ft. Buses
Heart of Texas Council of Governments (HOTCOG)
Purchase(1)Replacement Van
Hill Country Transit District (HCTD) (City of Temple)
Purchase(2)Replacement<30-Ft. Buses and
(1)Replacement 30-Ft. Bus and Rehabilitate/Rebuild(10)<30-Ft. Buses
Kleberg County Human Services
Acquire Shop Equipment
Longview Transit (City of Longview)
Purchase(1)Replacement 35-Ft. Bus
Lower Rio Grande Valley Development Council (LRGVDC) —Valley
Metro (City of Harlingen)
Purchase(1) Replacement Van and Rehabilitate/Renovate Administrative/Maintenance Facility
Panhandle Community Services (PCS)
Rehabilitate/Rebuild(10)<30-Ft. Buses and (10) 30-Ft. Buses
Port Arthur Transit (PAT) (City of Port Arthur)
Purchase(2)Replacement 30-Ft. Buses
Public Transit Services (PTS)
Acquire Miscellaneous Support Equipment
Rolling Plains Management Corporation (RPMC)
Purchase(1) Replacement Van
Rural Economic Assistance League (REAL), Inc.
Rehabilitate/Renovate Administrative/Maintenance Facility
Senior Center Resources and Public Transit (SCRPT), Inc.
Purchase(1)Replacement<30-Ft. Bus
South East Texas Regional Planning Commission (SETRPC)
Purchase(1)Replacement<30-Ft. Bus
South Padre Island, City of
Acquire Miscellaneous Support Equipment
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 3 of 15 Attachment B
South Plains Community Action Association (SPCAA), Inc.
Purchase(1)Replacement<30-Ft. Bus,
Rehabilitate/Rebuild(4)<30-Ft. Buses, and Rehabilitate/Renovate Administrative/Maintenance
Facility
Southwest Area Regional Transit District (SWARTD)
Purchase(1) Replacement<30-Ft. Bus and(1) Replacement Van
Special Programs for Aging Needs (SPAN), Inc.
Rehabilitate/Renovate Administrative/Maintenance Facility
STAR Transit (formerly Kaufman Area Rural Transportation (KART))
Acquire Miscellaneous Support Equipment
Texoma Area Paratransit System (TAPS), Inc. (Cities of McKinney and
Sherman)
Purchase(20)Vans for Service Expansion The Transit System (TI'S), Inc. Purchase(1)
Replacement Sedan/Station Wagon and Acquire Shop Equipment
Tyler Transit System (City of Tyler)
Purchase (2)Replacement Vans and Acquire Shop Equipment
Waco Transit System (City of Waco)
Purchase(3)Replacement 35-Ft. Buses
Webb County Community Action Agency
Purchase(1)Replacement<30-Ft. Bus
West Texas Opportunities (WTO), Inc.
Acquire Miscellaneous Support Equipment,
Rehabilitate/Renovate Bus Station,and
Rehabilitate/Renovate Administrative/Maintenance Facility
Wichita Falls Transit (City of Wichita Falls)
Purchase(1)Replacement 35-Ft. Bus TX-34-0003
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 4 of 15 Attachment B
Dear Mr.Patrick:
This is in reply to the request from your office that we review the above-captioned application
for a grant under Title 49 of the U.S. Code,Chapter 53.
In connection with a previous grant application,the City Commission of the City of Amarillo
passed Resolution No. 12-23-75-6,dated December 23, 1975. Resolution No. 12-23-75-6 and a
side letter to the Department of Labor from City Manager John Stiff dated April 8, 1976 provide to
the employees represented by the Amalgamated Transit Union(ATU)protections satisfying the
requirements of 49 U.S.C., Section 5333(b).
In connection with a previous grant application,the Beaumont Transit Company and ATU
Local 1031 have agreed that the terms and conditions of their agreement dated October 30, 1974,
as supplemented by the side letters dated October 30, 1974 and February 24, 1976, shall be made
applicable to the instant project. This agreement,executed in connection with a previous grant
application,provides to employees represented by the union protections satisfying the
requirements of the statute.
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the employees in the service area of the Bee Community
Action Agency (BCAA),represented by the ATU Local 1769 and the International
Brotherhood of Teamsters(IBT),shall be considered third party beneficiaries in accordance with
condition(4)below for application to the instant grant.
In connection with a previous grant application,the Brazos Transit District (as the successor
to the Brazos Valley Community Action Agency),and ATU Local 1700(as successor to the
former Amalgamated Council of Greyhound
Local Unions)executed an agreement dated March 29, 1989,which provides to the employees
represented by the union protections satisfying the requirements of 49 U.S.C., Section 5333(b).
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the employees in the service area of the Central Texas Rural
Transit District (CTRTD) and the Concho Valley Transit District,represented by IBT
Local 657, shall be considered third party beneficiaries in accordance with condition
(3) below for application to the instant grant.
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the employees in the service area of the East Texas Council of
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 5 of 15 Attachment B
Governments (ETCOG),represented by ATU Local 1700, shall be considered third party
beneficiaries in accordance with condition(4)below for application to the instant grant.
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the employees in the service area of the County of El Paso,
represented by the ATU Local 1256, shall be considered third party beneficiaries in accordance with
condition(4)below for application to the instant grant.
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the employees in the service area of Fort Bend County,
represented by the Transport Workers Union(TWU), shall be considered third party beneficiaries in
accordance with condition(4)below for application to the instant grant.
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the
employees in the service area of the Hill Country Transit District (HCTD),represented by the
American Federation of State,County,and Municipal Employees (AFSCME),the ATU Local
1091,the IBT, and the TWU, shall be considered third party beneficiaries in accordance with
condition(4)below for application to the instant grant.
The January 3,2011 Unified Protective Arrangement(UPA)provides to satisfying the requirements of
49 U.S.C.,Section 5333(b). Accordingly,the employees in the service area of the Kleberg County
Human Services,the Lower Rio Grande Valley Development Council (LRGVDC), and the
City of South Padre Island,represented by the United Transportation Union(UTU)Local 1670,
shall be considered third party beneficiaries in accordance with condition(4)below for application to
the instant grant.
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the
employees in the service area of the Rolling Plains Management Corporation (RPMC)
represented by United Food and Commercial Workers(UFCW)Local 1000, and employees in the
service area of Texoma Area Paratransit System (TAPS), Inc.,represented by United Food
and Commercial Workers(UFCW)Local 1000 and ATU Local 1338, shall be considered third party
beneficiaries in accordance with condition(4)below for application to the instant grant.
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the
employees in the service area of STAR Transit,represented by the ATU Local 1338,the TWU,
and the UTU,shall be considered third party beneficiaries in accordance with condition(4)below
for application to the instant grant.
Port Arthur,City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 6 of 15 Attachment B
In connection with a previous grant application,the City of Tyler signed protective arrangements
as contained under Resolution R-92-10 dated February 18, 1992, which provide to the employees
represented by AFSCME protections satisfying the requirements of 49 U.S.C.,Section 5333(b).
In connection with a previous grant application,the City of Waco and the TWU have previously
agreed to become party to the agreement executed on July 23, 1975,by the American Public Transit
Association and transit employee labor organizations. The terms and conditions of the July 23, 1975
agreement provide protections to employees represented by the union which satisfy the requirements
49 U.S.C., Section 5333(b). The parties have agreed that the terms and conditions of the July 23,
1975 agreement shall be applicable to both operating and capital grants.
The January 3,2011 Unified Protective Arrangement(UPA)provides to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b). Accordingly,the employees in the service area of the City of Wichita Falls,
represented by the ATU Local 1700,the UTU, and the UFCW shall be considered third party
beneficiaries in accordance with condition(3)below for application to the instant grant.
The parties have agreed to the application of the above referenced protective arrangements to their
respective portions of the instant project.
In addition,the recipients identified in Attachment A-1 to this certification have previously agreed to
the terms and conditions of the Section 18 Warranty,which provide to the employees represented by
the ATU,the UTU,AFSCME, and the Texas Conference of Teamsters, affiliated with the IBT,and
the UFCW,protections satisfying the requirements of 49 U.S.C.,Section 5333(b).
Pursuant to Paragraph(9)of the Section 18 Warranty,the ATU,on behalf of Locals 694, 1091,and
1700,the UTU, and the IBT became party to the Section 18 Warranty for the recipients listed
respectively in Attachment A-1. The UTU and IBT did not specify recipients in their requests to
become party to the Warranty. The Department has determined,however,that these unions,along
with AFSCME and UFCW,would also appropriately be party to the Warranty for respective
recipients in Attachment A-1.
In addition,the Department of Labor makes the certification called for under the statute on condition
that the attached"Language for Incorporation into the Contract of Assistance"is made
applicable to the Aspermont Small Business Development Center (ASBDC), Inc.,
CityLink (the City of Abilene), the City of Cleburne— CLETRANS,the City of Del Rio,
EZ Rider (the City of Odessa),the Galveston County Transit District (GCTD),the Gulf
Coast Center (AKA Connect Transit), Longview Transit (the City of Longview), Port
Arthur Transit (PAT) (the City of Port Arthur), Senior Center Resource& Public
Transit (SCRPT), Inc., the Transit System (TTS), Inc.,and the Webb County
Community Action Agency.These terms and conditions
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 7 of 15 Attachment B
provide to transportation related employees in the service area of the project protections satisfying
the requirements of 49 U.S.C.,Section 5333(b).
In addition,the Department of Labor makes the certification called for under the statute on condition
that the Texas Department of Transportation, as a precondition to the release of assistance to
any Recipient under the grant,ensures that such Recipient agrees to the respective terms and
conditions referenced herein. This certification letter,and the corresponding protective
arrangements, shall be incorporated into the contract of assistance between the Texas
Department of Transportation and the U.S. Department of Transportation(DOT),by
reference. The Texas Department of Transportation shall incorporate the terms of this
certification into a contract with Recipients of funds under the grant,if any,as a precondition to the
release of assistance to any Recipient. These terms and conditions provide to transportation related
employees in the service area of the project protections satisfying the requirements of 49 U.S.C.,
Section 5333(b).
Accordingly,the Department of Labor makes the certification called for under the statute with respect
to the above Recipients under the instant project(s)on condition that:
1. This letter and the terms and conditions of the above protective
arrangements,shall be made applicable to the instant project and
made part of the contract of assistance between the Texas
Department of Transportation and DOT,by reference;
2. As a precondition to the release of assistance to any Recipient,this
letter and the terms and conditions of the respective protective
arrangements referenced above, shall be incorporated into the
contract of assistance between the Texas Department of
Transportation and such Recipient,by reference;
Any dispute or controversy arising regarding the application,
interpretation,or enforcement of this provision which cannot be settled
by and between the parties at interest within thirty(30)days after the
dispute or controversy first arises,may be referred by any party to any
final and binding dispute settlement procedure acceptable to the
parties,or in the event they cannot agree upon such procedure,to the
Department of Labor or an impartial third party designated by the
Department of Labor for a final and binding determination;
3. The term"project" as used in each of the above employee protective
arrangements shall be deemed to cover and refer to those portions of
the instant project to which they have been applied;
4. The protective arrangements certified by the Secretary of Labor are
intended for the primary and direct benefit of transit employees in the
service area of the project. These employees are intended third-party
beneficiaries to the employee rotective arrangements referenced in the
grant contract between the U.S.Department of Transportation and the
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 8 of 15 Attachment B
Texas Department of Transportation, and the parties to the
contract so signify by executing that contract. Such transit employees
are also third party beneficiaries to the protective arrangements
incorporated in any subsequent contract(s)of assistance between the
Grantee and any Recipient(s).Employees not represented by any labor
organization,or if so represented through their representative on their
behalf,may assert claims with respect to the protective arrangements
under this provision. This clause creates no independent cause of
action against the United States Government;
5. Disputes over the interpretation,application and enforcement of the terms
and conditions of the certified protective arrangements,including those
disputes arising out of this letter of certification,except for any disputes
arising out of enumerated paragraph 2 above,shall be resolved in
accordance with the procedures specified in the aforementioned certified
arrangements;and
6. Employees of mass transportation providers in the service area of the project
who are not represented by a union designated above shall be afforded
substantially the same levels of protections as are afforded to the employees
represented by the union(s)under the above referenced protective
arrangements and this certification. Such protections include procedural
rights and remedies as well as protections for individual employees affected
by the project.
Should a dispute remain after exhausting any available remedies under the
protective arrangements and absent mutual agreement to utilize any other final
and binding resolution procedure, any party to the dispute may submit the
controversy to final and binding arbitration. With respect to a dispute
involving a union not designated above,if a component of its parent union is
already subject to a protective arrangement,the arbitration procedures of that
arrangement will be applicable. If no component of its parent union is subject
to the arrangements,the Recipient or the union may request the American
Arbitration Association to furnish an arbitrator and administer a final and
binding resolution of the dispute under its Labor Arbitration Rules.If the
employees are not represented by a union for purposes of collective
bargaining,the Recipient or employee(s)may request the Secretary of Labor to
designate a neutral third party or appoint a staff member to serve as arbitrator
and render a final and binding determination of the dispute.
Sincerely,
Karen M.Torre,Acting Chief Division of
Statutory Programs
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 9 of 15 Attachment B
cc: Jayme Blakesley/FTA Scheryl
Portee/FTA
Paul Moon/Texas Department of Transportation William
Moseley/AACOG
Judy Phelps/Amarillo
Owetta Walton Best/Ark-Tex Council of Governments Dana
Myers/ASBDC,Inc.
Anna Simo/BCAA
Bill Munson/Beaumont
Margie Lucas/BTD David L.
Marsh/CARTS
J.R.Salazar/CTRTD
Ben Herr/CityLink Julie
Floyd/Cleburne
Vastene Olier/Colorado Valley Transit District Noelia
Ruiz/CACST
Charlotte Clower/CS,Inc.
John Austin Stokes/Concho Valley Transit District John J.Burns/Del
Rio
John Hedrick/ETCOG Bob
Geyer/El Paso
Rob Stephens/EZ Rider
Paulette Shelton/Fort Bend County Mike
Worthy/GCTD
Lisa A.Cortinas/GCRPC
James Hollis/Gulf Coast Center
Rep Pledger/HOTCOG Carole Warlick/HCTD
Margie Del Bosque/Kleberg County Human Services Scott Lewis/Longview
Tom Logan/LRGVDC Lylene
Springer/PCS Colleen Russell/PAT
Tom Kestranek/PAT Reta
Brooks/PTS
Lezlie M.Carroll/RPMC Gloria Ramos/REAL,
Inc.David Caldwell/SCRPT,Inc. D'Juana
Davillier/SETRPC
Jesse Arriaga/South Padre Island
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 10 of 15 Attachment B
Brian Baker/SPCAA
Sarah Hidalgo Cook/SWARTD Deborah
Robertson/SPAN, Inc.
Omega Ann Hawkins/STAR Transit Brad
Underwood/TAPS,Inc. Barbara L. Perry/TTS, Inc.
Barbara Holly/Tyler
John L. Hendrickson/Waco
Roberto Martinez,Jr./Webb County Community Action Agency Jenny Gibson/WTO, Inc.
Lin Barnett,Jr./Wichita Falls Lee
Saunders/AFSCME Jessica M. Chu/ATU
James P.Hoffa/IBT Jerome
Lafragola/TWU
Richard Edelman/O'Donnell, Schwartz&Anderson,P.C. Barbara
Zibordi/O'Donnell, Schwartz&Anderson,P.C. Kelly Beck/O'Donnell,
Schwartz&Anderson,P.C. Richard Hanna/UFCW Local 1000
Bonnie Morr/UTU
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 11 of 15 Attachment B
LANGUAGE FOR INCORPORATION INTO THE
CONTRACT OF ASSISTANCE
TX-34-0003
As a precondition to the receipt of assistance,the Texas Department of Transportation, shall ensure,
that the"Public Bodies,"the Aspermont Small Business Development Center (ASBDC),
Inc., CityLink (the City of Abilene), the City of Cleburne — CLETRANS,the City of Del
Rio, EZ Rider (the City of Odessa),the Galveston County Transit District (GCTD),the
Gulf Coast Center (AKA Connect Transit), Longview Transit (the City of Longview),
Port Arthur Transit (PAT) (the City of Port Arthur), Senior Center Resource
& Public Transit (SCRPT), Inc.,the Transit System (TI'S), Inc.,and the
Webb County Community Action Agency, agree that the following terms and conditions
shall apply for the protection of employees in the mass passenger transportation industry in the
service area of the project:
1. The project shall be carried out in such a manner and upon such terms
and conditions as will not adversely affect employees in the mass
passenger transportation industry within the service area of the
project.The"service area"as used herein,includes the geographic
area over which the project is operated and the area whose population
is served by the project, including adjacent areas affected by the
project;
2. All rights,privileges,and benefits(including pension rights and
benefits)of employees(including employees already retired) shall be
preserved and continued;
3. The Public Body shall be financially responsible for any deprivation
of employment or other worsening of employment position as a
result of the project;
4. In the event an employee is terminated or laid off as a result of the
project,he shall be granted priority of employment or reemployment
to fill any vacant position for which he or she is,or by training or
retraining can become,qualified. In the event training or retraining is
required by such employment or reemployment,the Public Body shall
provide or provide for such training or retraining at no cost to the
employee;
5. Any employee who is laid off or otherwise deprived of employment
or placed in a worse position with respect to compensation,hours,
working conditions,fringe
benefits,or rights and privileges pertaining thereto at any time during his or her
employment as a result of the project,including any program of efficiencies or
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 12 of 15 Attachment B
economies directly or indirectly related thereto,shall be entitled to receive any
applicable rights,privileges and benefits as specified in the employee
protective arrangement,known as C-1,certified by the Secretary of Labor
under Section 405(b)of the Rail Passenger Service Act of 1970 on April 16,
1971 (See Appendix C- 1, a copy of which is included on the Department's
website.).
An employee shall not be regarded as deprived of employment or placed in a
worse position with respect to compensation,etc.,in case of his or her
resignation,death,retirement,dismissal for cause,or failure to work due to
disability or discipline. The phrase"as a result of the project" as used herein
shall include events occurring in anticipation of,during,and subsequent to the
project;
6. In the event any provision of these conditions is held to be invalid or
otherwise unenforceable,the Public Body,the employees and/or their
representatives may invoke the jurisdiction of the Secretary of Labor to
determine substitute fair and equitable employee protective arrangements
which shall be incorporated in these conditions;
7. The Public Body agrees that any controversy respecting the project's effects
upon employees,the interpretation or application of these conditions and the
disposition of any claim arising hereunder may be submitted by any party to
the dispute including the employees or their representative for determination
by the Secretary of Labor,whose decision shall be final.
In the event of any dispute as to whether or not a particular employee was
affected by the project,it shall be the employee's obligation to identify the
project and specify the pertinent facts of the Project relied upon. It shall then be
the burden of the Public Body to prove that factors other than the project
affected the employee. The claiming employee shall prevail if it is
established that the project had an effect upon the employee even if other
factors may also have affected the employee(See Hodgson's Affidavit in Civil
Action No. 825-71);
8. The Public Body shall maintain and keep on file all relevant books and
records in sufficient detail as to provide the basic information necessary to the
making of the decisions called for in the preceding paragraph;
9. The Public Body will post,in a prominent and accessible place,a notice
stating that the Public Body is a recipient of Federal assistance under the
Federal Transit Act and has agreed to comply with the provisions of 49
U.S.C., Section 5333(b).The notice shall specify the terms and conditions set
forth herein for the protection of employees;and
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 13 of 15 Attachment B
10. The protective arrangements certified by the Secretary of Labor are intended
for the primary and direct benefit of transit employees in the service area of the
project. These employees are intended third-party beneficiaries to the
employee protective arrangements of the grant contract between the U.S.
Department of Transportation and the Grantee/Applicant,and the parties to the
contract so signify by executing that contract. Such transit employees are also
third-party beneficiaries to the protective arrangements incorporated in any
subsequent contract(s)of assistance between the Grantee and any Recipient(s).
Employees,or their representative on their behalf,may assert claims with
respect to the protective arrangements under this provision. This clause
creates no independent cause of action against the United States Government.
As a precondition to the release of assistance to any Recipient,this letter and
the terms and conditions of the protective agreements or arrangements
referenced above, shall be incorporated into the contract of assistance
between the Grantee and/or Applicant and such Recipient,by reference.
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 14 of 15 Attachment B
Attachment A (DOL Letter) -1
Small Urban and Rural Recipients
Alamo Area Council of Governments(AACOG)—ATU,IBT Ark-Tex
Council of Governments—ATU,UFCW
Capital Area Rural Transit System(CARTS)—ATU,IBT, AFSCME Colorado
Valley Transit(CVT),Inc.—ATU
Community Action Council of South Texas(CACST)—ATU,UTU Community
Services(CS),Inc.—ATU
Golden Crescent Regional Planning Commission(GCRPC)—ATU, IBT, AFSCME Heart of Texas
Council of Governments(HOTCOG)—TWU
Panhandle Community Services(PCS)—ATU,UTU Public
Transit Services(PTS)—ATU
Rural Economic Assistance League(REAL), Inc.—ATU
South East Texas Regional Planning Commission(SETRPC)-ATU South Plains
Community Action Association(SPCAA)—UTU Southwest Area Regional Transit
District(SWARTD)—ATU,IBT Special Programs for Aging Needs(SPAN),Inc.—
ATU,IBT
West Texas Opportunities(WTO), Inc.—ATU
Port Arthur, City of Project Grant Agreement#51420F7264
Fed 5339 BUS AND BUS FACILITIES Page 15 of 15 Attachment B