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HomeMy WebLinkAboutCC 2018-10-22 Agendas k4 KH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, OCTOBER 22, 2018 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Discuss standards and regulations for cross access easements and property access. 3. Iron Horse Golf Course improvements update. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any 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 Chapter 551, Texas Government Code. "Section 551.071: Consultation with the City Attorney — Construction contract with Kodiak Trenching and Boring, LLC for paving improvements on Rufe Snow Drive." Monday, October 22, 2018 City Council Agenda Page 1 of 4 REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER TURNAGE A.2 PLEDGE - COUNCIL MEMBER TURNAGE A.3 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the regular October 8, 2018 City Council meeting. B.2 Authorize payment to Spillman Technologies for annual maintenance for the CAD/RMS software platform used by the Police and Fire Departments in the amount of $237,302.61. B.3 Authorize the purchase of fuel for city vehicles and equipment in an amount not to exceed $537,920 using the Tarrant County contract with Martin Eagle Oil Company. B.4 Approve purchase of police vehicles from Sam Pack's Five Star Ford in the amount of $386,070.50 through a Tarrant County cooperative contract. B.5 Approve purchase of a light-duty pickup from Sam Pack's Five Star Ford in the amount of $31,375.00 through a Tarrant County Cooperative Contract. Monday, October 22, 2018 City Council Agenda Page 2 of 4 B.6 Authorize the city manager to execute a contract with Classic Tile and Plaster, Inc. in the amount of $73,585 to replaster the NRH Centre pool in accordance with RFB 19-004 NRH Centre Indoor Aquatic Pool Replaster project. B.7 Approve a change order to the contract (AIA Document A133 Guaranteed Maximum Price Amendment) with Dean Electric, Inc. dba Dean Construction for the Northfield Park Renovation Project (PK1603) for $54,269.35. B.8 Approve purchase of two buses for the Parks Department from Creative Bus Sales, Inc. in the amount of $122,556.68 through an HGAC contract. B.9 Authorize the City Manager to execute an amended agreement, as grant fiduciary for the North Texas Anti-Gang (TAG) Center, increasing the total annual rate of compensation for the TAG Center Administrator to $140,481.96. B.10 Authorize the City Manager to execute an amended agreement, as grant fiduciary for the North Texas Anti-Gang (TAG) Center, increasing the total annual rate of compensation for the TAG Center Analyst to $66,306.00. B.11 Authorize the City Manager to execute Memoranda of Agreement between North Richland Hills, and the Dallas District Attorney, the City of Lancaster, City of Carrollton and the Department of Public Safety of the State of Texas for reimbursement of overtime salary costs associated with the North Texas Anti-Gang Center Task Force. C. PUBLIC HEARINGS D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F.1 Consider Resolution No. 2018-032 appointing members to the Youth Advisory Committee for the 2018/2019 Academic Year. F.2 Consider Resolution No. 2018-031, appointing a member to the Teen Court Advisory Board. Monday, October 22, 2018 City Council Agenda Page 3 of 4 F.3 Consider Resolution No. 2018-033, appointing a member to the Civil Service Commission. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA. H. INFORMATION AND REPORTS - COUNCIL MEMBER WRIGHT OUJESKY HA Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, October 19, 2018 by 3:00 PM. Assistant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, October 22, 2018 City Council Agenda Page 4 of 4 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Discuss standards and regulations for cross access easements and property access. PRESENTER: Clayton Comstock, Planning Director GENERAL DESCRIPTION: The Development Review Committee (DRC) continually monitors building, land use, and other development issues throughout the city. As part of several site plan and subdivision plat reviews this year, the DRC discussed the lack of a uniform standard for cross access easements and general access to properties. Cross-access connections allow motorists to circulate between adjacent properties without having to reenter the primary street. These connections improve the overall ease of access to development and reduce the need for individual driveways. This results in improved safety by minimizing the number of vehicles turning off and onto the street, allowing through traffic to flow in more efficiently. When medians are installed in major arterials such as Precinct Line, Davis and Boulevard 26, such cross access also allows motorists to access median openings and signalized intersections. As North Richland Hills approaches build-out and properties begin to redevelop, the DRC noted several areas of interest: • Maintain reasonable vehicular access to streets while prohibiting the indiscriminate location and spacing of driveways; • Reduce barriers for redevelopment of properties by providing adequate access for all properties; • Use of reserve strips to block access to public facilities such as streets; • Lower the potential for fragmentary and piecemeal development patterns. The DRC is seeking City Council's input and direction on the following: • Should updates to the subdivision regulations be considered to address cross access easements and property access? MftH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Iron Horse Golf Course improvements update. PRESENTER: Vickie Loftice, Managing Director of Community Services SUMMARY: The purpose of this Work Session item is to provide City Council an update and timeline for planning major capital improvements at Iron Horse Golf Course, and seek direction on issuing a Request for Qualifications (RFQ) for a qualified consultant to conduct a golf course improvement study. GENERAL DESCRIPTION: During the July 23 Budget Work Session staff provided a review of course conditions at Iron Horse Golf Course along with the cumulative effects of organic changes and flooding over the last 30 years. The 18-hole golf course originally opened in 1989 and was considered a premier public golf course in North Texas. While it is still considered a quality golf course, improvements are needed to improve overall playing conditions and to address drainage as well as a dated irrigation system. Other than replacement of the greens in 2004 and localized gabion work to stabilize creek banks, very little improvements have been made to the course. The golf course is contained almost fully within the flood way and flood plain which brings its own set of challenges. Overtime, flooding has caused bank erosion, loss of top soil and sod, bunker washout and contamination, silt deposits and other causal impacts. This has resulted in diminished playing conditions and overall aesthetics of the course. Improvements are currently being made to the golf course that will not negate any future major capital improvements. In September of this year, new sod was placed on Hole 412. The area is still roped off, and the new sod has taken hold and is healthy going into the winter. Anticipated improvements for FY 2018/19 also include leveling of tee boxes on holes 5, 7, 8,10 and 14, leveling of range tees and adding range amenities. In order to position Iron Horse Golf Course for the future and to address necessary major improvements, staff will seek a golf course consultant to develop an improvement study for the course. The plan of improvement will focus on drainage, grading, updating the irrigation system, relocation and/or improvements to bunkers, general improvements to MItH the tee boxes, greens grading, as well as improvements to the cart paths and bridge improvements. With City Council's direction, staff will issue a RFQ in the next couple of weeks to identify a qualified consultant that will provide guidance to staff for initial and long-term major improvements to the golf course. The study will likely take six to eight months to complete. After the study is complete, recommendations will be presented to the City Council, and staff will ask for Council direction on prioritizing the projects based on need, availability of funding, and overall impact in improving playing conditions. The needed projects and estimated cost of improvements will become clearer after the study is complete and Council priorities are set. Staff anticipates budgeting for the capital improvements and bidding the projects in FY 2019/20. It will be necessary to issue debt in order to fund these major improvements. It is unlikely that the golf course will be able to fully fund the debt payments; therefore, it is anticipated that a portion of the debt payments will be funded from the Park Development Fund or possibly the General Fund until the golf course is able to fully fund those payments. Subsidizing the debt in this way could have an impact on the ability to fund future projects planned in the Parks Development Fund and the General Fund. In addition, there is a need to bridge funding gaps for NRH2O Water Park and its infrastructure needs utilizing the Park Development Fund. It will be important to consider these factors along with the overall impact to the Park Development Fund and the General Fund when prioritizing projects and establishing the budget for the improvements after the study is complete. With these impacts in mind, Arisc Golf is evaluating the impact of future debt payments and operational costs. Wherever possible, fees will be increased and line items expenses reduced. Staff will also focus on additional revenue streams including increases in food and beverage, tournaments, and sale of goods. Staff will make a brief presentation on the item, and seek direction regarding issuing an RFQ for a consultant to conduct a Golf Course Improvement Study. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Approve minutes of the regular October 8, 2018 City Council meeting. PRESENTER: Traci Henderson, Assistant City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular October 8, 2018 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE OCTOBER 8, 2018 WORK SESSION CALL TO ORDER The City Council of the City of North Richland Hills, Texas met in work session on the 8th day of October, 2018 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Mike Benton Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Brent Barrow Council, Place 4 Tim Welch Council, Place 7 Absent: Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Mike Curtis Managing Director Traci Henderson Assistant City Secretary Maleshia B. McGinnis City Attorney Mayor Trevino called the meeting to order at 6:00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Mayor Trevino asked if Council had any questions on any items on tonight's agenda. Council member Rodriguez had questions regarding agenda item D.1. Mayor Trevino abstained from discussions due to a conflict of interest and left the work session at 6:01 p.m. Mayor Pro Tern Benton led the meeting. Council member Rodriguez asked Planning Director Clayton Comstock if he had October 08, 2018 City Council Meeting Minutes Page 1 of 14 reviewed the percentage of green space in the revised plan which was provided to Council during the work session at the September 24th meeting. Mr. Comstock stated the total open space is 17.3 percent or .94 acres. Council member Rodriguez asked if this was the same as in the original plan. Mr. Comstock replied that the total percentage of open space was reflected as the same. The applicant took five feet from the Mid-Cities Boulevard setback and five feet from Holiday Lane and moved into the middle, so it is conceivable that the overall open space is unchanged. Council member Wright Oujesky asked Planning Director Clayton Comstock at what time did staff receive the revised plat on Monday, September 24th. Mr. Comstock stated at 9:47a.m. Council member Wright Oujesky asked Mr. Comstock if that was enough time for he and his staff to review as the Council had received the plat at 6:00 p.m. that same day. Mr. Comstock stated it was difficult because staff relies heavily on their Development Review Committee and the process in place. Mr. Comstock continued that the amount of time was not sufficient for the entire Development Review Committee to review the plans. Council member Wright Oujesky asked Mr. Comstock if staff had the opportunity to review the parking on the new plan as related to trash and recycling collection. Mr. Comstock stated that through the development review process staff had asked the applicant to reach out to Republic Services and is not sure of the outcome at this time. Mr. Comstock indicated staff reached out the Republic Services but had not heard back from them as of yet. Mr. Comstock went on to say that the four dedicated parking spaces per unit count would be diminished on trash collection days. Mayor Pro Tern Benton asked if there were any further questions for staff. Council member Rodriguez stated Mr. Comstock's answers had resolved some of his concerns. City Attorney Maleshia McGinnis clarified that the item must have a motion and a second, so if the item has no motion or second the item will not be considered. Mayor Pro Tern Benton asked if there were any additional questions or clarification from staff on item D.1. There being no more questions on this item Mayor Trevino returned to Work Session at 6:07 p.m. Mayor Trevino asked if there were any questions on other items on the agenda. Council member Lombard asked City Manager Mark Hindman to clarify the issuing of October 08, 2018 City Council Meeting Minutes Page 2 of 14 bonds for the capital street improvements project rather than funding through the operating fund. Mr. Hindman said had the project been funded through the operating fund and not debt service it would have pushed us over the roll back rate and added that the debt service is for a five year period. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce at the meeting. 3. DISCUSS PROCESSES RELATED TO ZONING AND DEVELOPMENT REVIEW. Mayor Trevino called on Planning Director Clayton Comstock to review the overall development process with council. Mr. Comstock shared that the process begins with exploratory and pre - application meetings with applicants to understand their goals and identify the best path to achieve them. Second is the Development Review Committee; this involves multi-disciplinary review based in development codes and best practices, free from political influences, and subjective recommendations/comments based on city goals, prior Council decisions and established plans/policies. From the Development Review Committee the request goes to the Planning and Zoning Commission where there is citizen input. The process is transparent through an independent reviewing body. Lastly, the request goes to City Council. The City Council establishes development goals, plans, and policies; and approves or denies zoning, subdivision, and development applications. Mr. Comstock went on to share examples of evaluation criteria for the Development Review Committee and defined Planned Developments, Special Use Permits and Special Development Plans. Mayor Trevino shared with council his concerns with the development review process. Mayor Trevino was complimentary of staff and shared that some city council members had concerns with political influences and transparency. Mayor Trevino suggested Council to be cautious of meeting with developers and individual citizens before their item is considered at a City Council meeting. These actions do a disservice to our citizens and staff. Lastly, being mindful of a potential daisy chain quorum when speaking with other council members as to violate the Open Meetings Act. Mayor Trevino turned it over to Council for discussion. Council member Wright Oujesky agreed that it undermines staff and the process, citizens and citizen transparency. It is important to be transparent in all Council decisions. October 08, 2018 City Council Meeting Minutes Page 3 of 14 Council member Lombard agreed with Council member Wright Oujesky. The potential is there for abuse of the system and internal turmoil within staff and Council. Council member Lombard stated it is bad practice to meet with developers while they are still going through the process. Council member Welch commented that its important for developers to meet the criteria and goals of the city while being transparent. In the end developers must be in compliance with all applicable departments and services. Mayor Pro Tern Benton agreed that moving forward it should not be the practice of Council meeting with developers. Council member Rodriguez echoed that the last thing we want to do is to circumvent staff and their position. We trust staff as well as the development community. Mayor Trevino reiterated that the development process should not undermine staff and his concern for the daisy chain. Council member Barrow agreed with the sentiment. City Manager Mark Hindman added that from a staff perspective it is important to bring Council the best information and to work out any issues before coming to Council. Mr. Hindman continued that occasionally there is the need to address a policy and in those instances it may require meeting with Council to receive direction while maintaining above board communication. This will assist the applicant in making a good decision knowing the vision of the City Council. Mayor Trevino suggested that if these types of opportunities arise that staff can set up a called meeting and post and Council can meet as a group. City Manager Mark Hindman agreed with Mayor Trevino and went on to say that we have a good relationship and we want to maintain the good relationship with our development community as they are critical to our community. We want them to be our partners moving forward. Staff wants to make sure we give the developers the best advice and Council the best information in order to make a good decision. It makes for a smoother process. EXECUTIVE SESSION 1. Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - City Manager. Mayor Trevino announced at 6:28 p.m. that the Council would adjourn into Executive October 08, 2018 City Council Meeting Minutes Page 4 of 14 Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - City Manager. Executive Session began at 6:32 p.m. and concluded at 6:57 p.M. Mayor Trevino announced at 6:57 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order October 8, 2018 at 7:00 p.m. Present: Oscar Trevino Mayor Mike Benton Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Brent Barrow Council, Place 4 Tim Welch Council, Place 7 Absent: Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Traci Henderson Assistant City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Wright Oujesky gave the invocation. A.2 PLEDGE Council member Wright Oujesky led The Pledge of Allegiance to the United States and Texas flags. Mayor Trevino moved to Citizen Presentation. A.4 CITIZENS PRESENTATION Mr. Richard Davis, 6617 Hillside Court, shared information on the upcoming 2018 Birdville Independent School District Bond Election. October 08, 2018 City Council Meeting Minutes Page 5 of 14 Mayor Trevino moved to Removal of Item(s) from Consent Agenda. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. Mayor Trevino moved to Consider Approval of Consent Agenda Items. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARROW TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE REGULAR SEPTEMBER 24, 2018 CITY COUNCIL MEETING. B.2 CONSIDER ORDINANCE NO. 3543, AMENDING CHAPTER 18, ARTICLE VII, SOLICITORS AND HANDBILLS TO MODIFY CERTAIN ADMINISTRATIVE AND ENFORCEMENT REQUIREMENTS FOR A SOLICITORS PERMIT. B.3 AUTHORIZE THE CITY MANAGER TO EXECUTE A COOPERATIVE PURCHASING AGREEMENT WITH THE TOWN OF ARGYLE FOR SLURRY SEALING. B.4 AUTHORIZE THE PURCHASE AND INSTALLATION OF TWO NETWORKED DATA STORAGE SYSTEMS FOR THE POLICE DEPARTMENT FROM GENERAL DATATECH (GDT) IN THE TOTAL AMOUNT OF $137,977.84 THROUGH A TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) COOPERATIVE CONTRACT. B.5 AUTHORIZE CONTRACT RENEWAL WITH CONVERGINT TECHNOLOGIES, LLC FOR SECURITY SYSTEM SERVICES FOR CITY FACILITIES FOR $42,654.00. B.6 AUTHORIZE CONTRACT RENEWAL WITH THYSSENKRUPP ELEVATOR CORPORATION THROUGH A NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE AGREEMENT FOR ELEVATOR SERVICES FOR $30,211.92. October 08, 2018 City Council Meeting Minutes Page 6 of 14 B.7 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $76,448 WITH DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION TO CONSTRUCT TRAIL CONNECTIONS IN ACCORDANCE WITH RFB 18-012 HOMETOWN LAKES PEDESTRIAN BRIDGE TRAIL CONNECTIONS PROJECT. Council member Rodriguez informed Mayor Trevino that there was a special presentation in recognition of Mayor Trevino's birthday. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Mayor Trevino was serenaded by video the "Happy Birthday" song. Mayor Trevino's granddaughter Reis Carrington Copeland presented flowers to Mayor Trevino as a celebration of his birthday. Reis was also one of the singers in the video. Mayor Trevino moved to Public Hearings. C. PUBLIC HEARINGS CA ZC 2018-11, ORDINANCE NO. 3545, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ALPHA LAND SURVEYING, INC. FOR A ZONING CHANGE FROM R-1-S SPECIAL SINGLE-FAMILY TO R-1 SINGLE-FAMILY RESIDENTIAL AT 6779 BRITTANY PARK COURT, BEING 0.526 ACRES DESCRIBED AS A PORTION OF LOT 4, BLOCK 4, MORGAN MEADOWS ADDITION. APPROVED Mayor Trevino opened the public hearing for items C.1 and C.2 and called on Planning Director Clayton Comstock to present both items. Mr. Comstock indicated both items C.1 and C.2 are related to the same property. Mr. Comstock informed Council the applicant is requesting a zoning change from R-1-S Special Single-Family to R-1 Single-Family Residential on 0.526 acres located on the west side of Meadow Road between Chapman Road and North Forty Road. Mr. Comstock provided site photos of the property and displayed the current Comprehensive Land Use Plan and existing Zoning Map. Applicant Ralph Swearingin, 6890 Bluebonnet Court, presented the item and was available to answer questions from the Council. Mr. Comstock presented staff's report. The Planning and Zoning Commission conducted a public hearing and considered item ZC 2018-11 at their September 20, 2018, meeting October 08, 2018 City Council Meeting Minutes Page 7 of 14 and voted 7-0 to recommend approval. The Planning and Zoning Commission also considered item RP 2018-06 at the September 20, 2018, meeting and voted 7-0 to recommend approval. Mayor Trevino asked Assistant City Secretary Traci Henderson if there was anyone wishing to speak on this item. There were no public meeting appearance cards submitted for this item. Mayor Trevino called for anyone in the audience wishing to speak in support or opposition to this request to please come forward. Randy Shiflet, 7524 Woodhaven Drive, presented additional information in support of the item and was available to answer questions form the Council. Mayor Trevino asked Council if they had any clarifying questions for the applicant or staff. Mayor Pro Tern Benton asked Mr. Comstock for clarification on the set back. There being no other clarifying questions for the applicant or staff, Mayor Trevino called for a motion. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO DENY ORDINANCE NO. 3545 WITHOUT PREJUDICE AND TO WAIVE SUPPORT AND ADVERTISING FEES FOR RESUBMITTAL TO PLANNING AND ZONING. Council discussed the item. Council member Welch stated that he would be abstaining from the item as he is the Chair of the Strategic Plan Committee. THE MOTION FAILED WITH COUNCIL MEMBERS LOMBARD AND WRIGHT OUJESKY VOTING FOR DENIAL AND MAYOR PRO TEM BENTON AND COUNCIL MEMBERS RODRIGUEZ AND BARROW VOTING AGAINST DENIAL WITH COUNCIL MEMBER WELCH ABSTAINIG. October 08, 2018 City Council Meeting Minutes Page 8 of 14 A MOTION WAS MADE BY MAYOR PRO TEM BENTON, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3545. MOTION TO APPROVE CARRIED 4-1-1 WITH COUNCIL MEMBER WELCH ABSTAINING. C.2 RP 2018-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ALPHA LAND SURVEYING, INC., FOR A REPLAT OF LOTS 4R1 AND 4R2, BLOCK 4, MORGAN MEADOWS ADDITION, BEING 1.67 ACRES LOCATED AT 6779 BRITTANY PARK COURT. APPROVED Mayor Trevino asked Council if they had any clarifying questions for the applicant or staff. Council had no questions for the applicant or staff. Council member Welch stated that he would be abstaining from the item as he is the Chair of the Strategic Plan Committee. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR PRO TEM BENTON TO APPROVE RP 2018-06. MOTION TO APPROVE CARRIED 4-1-1 WITH COUNCIL MEMBER WELCH ABSTAINING. D. PLANNING AND DEVELOPMENT Mayor Trevino stated that he has a conflict of interest for the next item on the agenda, item D.1. Mayor Trevino filed the affidavit of disqualification with the assistant city secretary. Mayor Trevino asked Mayor Pro Tem Benton to chair the meeting. Mayor Trevino left the council chamber at 7:37 p.m. DA RECONSIDER ZC 2018-08, ORDINANCE NO. 3539, A REQUEST FROM BEATEN PATH DEVELOPMENT, LLC FOR A ZONING CHANGE FROM C-1 COMMERCIAL TO RI-PD RESIDENTIAL INFILL PLANNED DEVELOPMENT AT 7501 MID-CITIES BOULEVARD AND 7441 COLLEGE CIRCLE, BEING 5.52 ACRES DESCRIBED AS TRACT 10H, JOHN BARLOUGH SURVEY, ABSTRACT 130; AND LOT A1C, BLOCK 28, COLLEGE HILLS ADDITION. FAILED October 08, 2018 City Council Meeting Minutes Page 9 of 14 Mayor Pro Tern Benton called on Planning Director Clayton Comstock to introduce the item. Mr. Comstock summarized the Council memorandum and stated for reference, the motion to approve Ordinance 3539, subject to the exhibits presented by the applicant during the City Council meeting, passed 4-2 on September 24, 2018. Mr. Comstock briefly presented the proposed development and provided site photos of the property and displayed the current Comprehensive Land Use Plan and existing Zoning Map. Mr. Comstock went over the changes in the plan that the applicant provided to the Council at their work session on September 24, 2018 and spoke to the Council's previous concerns regarding parking, trash and recycling collection. Applicant John Pitstick, 700 West Harwood Road, representing Beaten Path Development, addressed the parking and trash concerns of the Council. Mr. Pitstick stated he contacted Republic Services today regarding the alleys and David McCarty from Republic said he would be happy to review the plat. Mr. Pitstick told Mr. McCarty this development is the same as existing one way alleys with the same depth at Madalyn Mews and Monticello Mews in Hometown on Bridge Street across from the elementary school. Mr. Pitstick stated Mr. McCarty said this shouldn't be a problem, as they back in as long as the alley is not too deep. Mr. Pitstick stated that Mr. McCarty did not see a problem once he mentioned these other two areas. Mr. Pitstick shared that they have added a shaded structure area in the primary open space, the change is basically moving the open space from the outside to the inside. Mr. Pitstick was available to answer questions from the Council. Mayor Pro Tern Benton asked Mr. Pitstick to clarify whether residents would be putting trash out on the street or if the truck would now be backing down the alley. Mr. Pitstick shared photos from two dead end alleys in Hometown off of Madrid Street both facing the Mews area. Mr. Pitstick reiterated that Republic said it was not a problem that they could back their trucks in and there would be no need to place the trash on the street but in the alley. Council member Lombard clarified with Mr. Pitstick that this was true for the recycling trucks as well. Mr. Pitstick said yes. Council member Wright Oujesky asked Mr. Pitstick if Republic had actually had a chance to review the plans. Mr. Pitstick stated that once the zoning is approved they would plat the property and he assumed the Development Review Committee would notify Republic Services at that October 08, 2018 City Council Meeting Minutes Page 10 of 14 point. Mr. Pitstick stated that Republic had not seen the plat and repeated that they had contacted the person at Republic and shared with him about Madalyn Mews and Monticello Mews and he indicated he was familiar with that area and that it shouldn't be a problem and they would back in at that location; and would be happy to work with them as the plat moved forward. Council member Welch asked Mr. Pitstick if before the next meeting would it be possible to send the site plan over to Republic and receive some sort of correspondence back before the next meeting? Mr. Pitstick said yes. Council member Welch said that it was a sticking point with some of the Council members that it would be better to clear it up now than further down the road. Mayor Pro Tern Benton asked Council if they had any clarifying questions for the applicant or staff. Council had no questions for the applicant or staff. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR PRO TEM BENTON TO DENY RECONSIDERATION OF ZC 2018-08. Council discussed the item. THE MOTION FAILED WITH MAYOR PRO TEM BENTON AND COUNCIL MEMBERS RODRIGUEZ AND LOMBARD VOTING TO DENY RECONSIDERATION AND COUNCIL MEMBERS WRIGHT OUJESKY, BARROW AND WELCH VOTING NOT TO DENY RECONSIDERATION. A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER BARROW TO APPROVE RECONSIDERATION OF ZC 2018-08, ORDINANCE NO. 3539. THE MOTION FAILED WITH COUNCIL MEMBERS WRIGHT OUJESKY, BARROW AND WELCH TO APPROVE RECONSIDERATION AND MAYOR PRO TEM BENTON AND COUNCIL MEMBERS RODRIGUEZ AND LOMBARD VOTING NOT TO APPROVE RECONSIDERATION. MOTION FAILS FOR LACK OF A MAJORITY, ITEM STANDS AS APPROVED AT THE October 08, 2018 City Council Meeting Minutes Page 11 of 14 SEPTEMBER 24, 2018 COUNCIL MEETING. Mayor Trevino returned to the dais at 7:54 p.m. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 CONSIDER RESOLUTION NO. 2018-029, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN AN AMOUNT NOT TO EXCEED $14,615,000. APPROVED Finance Director Mark Mills presented the item and was available to answer questions from the Council. Council member Lombard asked Mr. Mills to explain the funding for the street maintenance program. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARROW TO APPROVE RESOLUTION NO. 2018-029, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN AN AMOUNT NOT TO EXCEED $14,615,000. MOTION TO APPROVE CARRIED 6-0. F.2 CONSIDER REIMBURSEMENT RESOLUTION NO. 2018-030 FOR THE FISCAL YEAR 2018/2019 CAPITAL IMPROVEMENT PROGRAM AND ASSOCIATED EQUIPMENT AND SERVICES IN AN AMOUNT NOT TO EXCEED $7,920,000. APPROVED Finance Director Mark Mills presented the item and was available to answer questions from the Council. Council had no questions for staff. October 08, 2018 City Council Meeting Minutes Page 12 of 14 A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY MAYOR PRO TEM BENTON TO APPROVE REIMBURSEMENT RESOLUTION NO. 2018-030 FOR THE FISCAL YEAR 2018/2019 CAPITAL IMPROVEMENT PROGRAM. MOTION TO APPROVE CARRIED 6-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL AMY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA. G.1 EXECUTIVE SESSION ITEMS - CITY COUNCIL AMY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA. APPROVED A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARROW TO AUTHORIZE THE MAYOR TO APPROVE AN EMPLOYMENT AGREEMENT WITH CITY MANAGER MARK HINDMAN AS DISCUSSED IN EXECUTIVE SESSION. MOTION CARRIED 6-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Welch made the following announcements. Join us this week at Northfield Park for Round the Town with Oscar. The monthly bike ride will be on Tuesday at 6:00 p.m. and the walk will be held on Thursday at 6:15 p.m. Everyone is invited. This will be the final ride and walk for 2018. You can find more information on the city's website or by calling the Parks Department. Make a difference in our community during the annual Fix It Blitz on October 20 and 21. Projects will include mowing, tree trimming, fence repair, debris removal, light construction and painting for neighbors in need. To sign up or get more information, please visit our website or contact the Neighborhood Services Department. Kudos Korner - Vickie Loftice, Bill Thornton, Joe Pack, Michael Wilson, Gary Bechthold, Tanner Arwine, Chris Lamar and John Baxter in the Parks & Recreation Department - The city received several comments and notes online about the renovation of Northfield Park. One resident posted: "The park looks great. Love the new amenities. NRH is the October 08, 2018 City Council Meeting Minutes Page 13 of 14 best!" Another resident said her kids love the park so much that they were there twice on Saturday to play. Thank you to the Parks & Recreation Department, as well as the Parks & Recreation Board and City Council, for the improvements to Northfield Park. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:06 p.m. Oscar Trevino, Mayor Traci Hendeson, Assistant City Secretary October 08, 2018 City Council Meeting Minutes Page 14 of 14 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Authorize payment to Spillman Technologies for annual maintenance for the CAD/RMS software platform used by the Police and Fire Departments in the amount of $237,302.61 PRESENTER: Bob Weakley, Assistant Director-IT SUMMARY: This memorandum is to authorize payment to Spillman Technologies for the annual maintenance for the CAD/RMS software platform used by the Police and Fire Departments. The maintenance is necessary for continued 24/7 technical support, version upgrades, and enhancements for the software platform. GENERAL DESCRIPTION: Spillman's CAD/RMS software platform is the major operating software for the Police and Fire Departments. The software is utilized by both departments on a 24/7/365 basis and is integral for daily operations. The purchase of this maintenance provides the ability to perform any necessary software programming updates and enhancements. This agreement also provides maintenance for all users in our joint dispatching cities - Richland Hills, Haltom City, and Watauga. Maintenance costs are divided proportionately between the 4 cities as follows: North Richland Hills (47.5%) $112,718.74 Haltom City (32.5%) $77,123.35 Watauga (13.5°/x) $32,035.85 Richland Hills (6.5%) $15,424.67 North Richland Hills pays the invoice and is reimbursed by the participating joint dispatch cities. Spillman Technologies participates in the State of Texas Department of Information Resources (DIR) cooperative purchasing program (DIR TSO-3370). By participating in the DIR cooperative purchasing program the city meets all state competitive bidding requirements for this purchase. Funding for the annual maintenance agreement was included in the FY 2018/2019 Information Technology budget. RECOMMENDATION: Authorize payment to Spillman Technologies for annual maintenance for the CAD/RMS software platform for the Police and Fire Departments in the amount of $237,302.61. 10/15/2018 DIR-TSO-3370,Contract Detail VUIUIUIUIUIVVV 11111110 Spillman Technologies, Inc. Vendor II ID DIIIR Contract INuulrrrnlbelr 11970: 8861186 D1111°:'ll"54:.1-33 70 UuIRIL Contract Term IEnd IUate Vendor Website 1111119/20119 (http://info.spillman.com/texas- Contract IExp Date dir) 11119/2.019 HUB 'Type `9clrn I1°111UIE1 Contact Spillman Technologies, Inc. Contact DIR Contact Contact Todd Jorgensen Vania Ramaekers (mailto:tjorgensenaspillman.com) (mailto:vania.ramaekers @dir.texas.gov) (Phone Phone (8 011) 902-1,5011 (5112)4"7!.5-462.4 IFax Irax (8011) 902-112.10 (5112)4175-4�7S9 Contract Overview Single Brand Software contract for Spillman Technologies' law enforcement information management softwa re. Contract Documents • DIR-TSO-3370 Contract PDF(163.02KB)_(tLttp,,Idpubext.dir.texas.gQy(nortal/internal/contracts-and- services/Contracts/DIR-TSO-3370 Contract.p lof) • DIR-TSO-3370 Appendix A Standard Terms and Conditions(per Amendment 2) PDF(761.45KB), (https_/// pubext.dir.texas.gov//portal/internal/contracts-and-services/Contracts/DIR-TSO-3370AppendixA Standard Terms and Conditions per Amendment 2).pdf) • DIR-TSO-3370 Appendix B HUB Subcontracting Plan PDF f950.86KB) (https_/// pubext.dir.texas.gov//portal/internal/contracts-and-services/Contracts/DIR-TSO-3370 Appendix B HUB Subcontracting Plan.pdf) • DIR-TSO-3370 Appendix C Pricing Index PDF(253.53KB) (https_/// pubext.dir.texas.gov//portal/internal/contracts-and-services/Contracts/DIR-TSO-3370 Appendix C Pricing I ndex.pdf) • DIR-TSO-3370 Appendix D Purchase and License Agreement PDF(436.94KB) (https_/// pubext.dir.texas.gov//portal/internal/contracts-and-services/Contracts/DIR-TSO-3370 Appendix D Purchase and License Agreement.pdf) https://dir.texas.govfView-Search/Contracts-Detail.aspx?contractnumber=DIR-TSO-3370&keyword=DIR-TSO-3370 1/3 10/15/2018 DIR-TSO-3370,Contract Detail • RFO DIR-TSO-TMP-225 for DIR-TSO-3370 PDF(5.97MB) ((-Up.a;LRubext.dir.texas.gpy(portal/internal/contracts-and-services/Contracts/RFO DIR-TSO-TMP-225 for DIR-TSO-3370.pLM • DIR-TSO-3370 Amendment 1 PDF (101.86KB)_(fttDS://Dubext.dir.texas.ggv/Dortal/internal/contracts-and- services/Contracts/DIR-TSO-3370 Amendment 1.pdf) Electronic and Information Resources (EIR) Accessibility Information regarding Electronic and Information Resources (EIR) accessibility of this vendor's offerings is included in the contract.Agencies purchasing products or services are responsible for complying with Texas EIR Accessibility statute and rules, as defined in TGC 2054 Subchapter M, 1TAC 206, and 1 TAC 213. For additional information,visit the Vendor Website or contact the vendor directly. Please note that some of the documents on this page are in the PDF format. Please download the Adobe Reader(http,.//get.adobe.com/reader/)in order to view these documents. How To Order 1. For iaro(1uuaC and lark:ng iinfoirrnatiicean,viislt the. Spillman Technologies, Inc. (http://info.spiliman.com/texas-dir) asiiter clir[:crntaCC Todd Jorgensen (mailtoajorgensen @spillman.com)at(S01)"C:2 1501 J.. Geneirate 3 Ipurchase ora:ia it ilnaade payable ta 'Spillllnnairo i echnollo(ies, IIrrC_. and ycw imust reference rrance the CllIR ( ontraao (Number 1D111R•:11".wO-3370 on ya5.Ir (naara.Ih asr-, oraler. i Available Brands (1 totall) ylllllrran ie•c:hincrllogies Available Products &Services (1 totall) (:.ourf.Case Softwrore i Commodity Codes (e totall) 208 10-F::c:otarPtirPy>/I inairielatll: I;ookkeepu ng, 1Nllling and IlnvokJng, 1Pudgxctiingx, Payrollll, 11 axes, etc. 208-51 .. hlrunnaairn IRe.,owcer, Software 2.08..57.. I..aw Ei:rrfor'a ermaan,t Softoiarea 208-63- Persoi nnell Soft ware ©2016 Department of Information Resources 300 W. 15th Street, Suite 1300 Austin,TX 78701 I 512.475.4700 https://dir.texas.govfView-Search/Contracts-Detail.aspx?contractnumber=DIR-TSO-3370&keyword=DIR-TSO-3370 2/3 DIR Contract No. DIR-TSO-3370 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES SPILLINIAN TECHNOLOGIES, INC. 1. Introduction A. Parties This Contract for Products and Related Services ("Contract") is entered into between the State of Texas ("State"), acting by and through the Department of Information Resources ("DIR") with its principal place of business at 300 West 15'" Street, Suite 1300, Austin, Texas 78701, and Spillman Technologies, Inc. ("Vendor"), with its principal place of business at 4625 Lake Park Blvd., Salt Lake City, Utah 84120. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-TSO-TMP-225, on February 27, 2015, for Software, including Software as a Service, Products and Related Services. Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-225 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence This Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Purchase and License Agreement; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-225, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-225, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor. In the event of a conflict between the documents listed in this paragraph, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Exhibit 1,and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The term of this Contract shall be one (1) year commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR may extend the Contract, by amendment for up to three (3) optional one-year terms. Protracted contract negotiations may, in D1R's sole discretion, result in fewer optional renewal terms. 01/28/2015 Page 1 of 5 DIR Contract No. DIR-TSO-3370 Vendor Contract No. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Software, including Software as a Service (SaaS), Products and Related Services as specified in Appendix C, Pricing Index and does not include Cloud Infrastructure as a Service (laaS), Cloud Platform as a Service (PaaS), Cloud Broker, Cloud Assessment, Custom Application development or Enterprise Resource Planning products. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of the RFO and products awarded based on the posting described in Section 1.13 above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.13 above. B. Services Services available under this Contract are limited to services related to Software, including Software as a Service(SaaS),Products as specified in the RFO and Appendix C, Pricing Index. Vendor may incorporate changes to their Service offerings; however, any changes must be within the scope of services awarded based on the posting described in Section 1.13 above. 4. Pricing Pricing to the DTR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase Orders,Invoices and Payment, and as set forth in Appendix C,Pricing Index, and shall include the DIR Administrative Fee. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is three-quarter of one percent (.75%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $750.00. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contact amendment. Any change in the administrative fee shall be incorporated by Vendor in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Dana L. Collins, CTPM, CTCM Manager, Contract and Vendor Management Department of Information Resources 01/28/2015 Page 2 of 5 DIR Contract No. DIR-TSO-3370 Vendor Contract No. 300 W. 15"' St., Suite 1300 Austin, Texas 78701 Phone: (512) 936-2233 Facsimile: (512) 475-4759 Email: dana.collins(2dir.texas.gov If sent to the Vendor: Lance Clark, President/CEO Spillman Technologies, Inc. 4625 West Lake Park Blvd. Salt Lake City, Utah 84120 Phone: (800) 860 - 8026 Facsimile: (801) 902 - 1210 Email: Iclark(aspillman.com 7. Software License and Service Agreements A. Software License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the Software Purchase and License Agreement set forth in Appendix D of this Contract. No changes to the Software Purchase and License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D. Vendor and Order Fulfiller shall make the Software Purchase and License Agreement terms and conditions available to all Customers at all times. 2) Compliance with the Software Purchase and License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer's compliance with the Software License Agreement. If DIR purchases software licenses for its own use under this Contract, it shall be responsible for its compliance with the Software Purchase and License Agreement terms and conditions. B. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. 01/28/2015 Page 1 of 5 DIR Contract No. DIR-TSO-3370 Vendor Contract No. C. Service Agreement Services provided under this Contract shall be in accordance with the Service Agreement as set forth in Exhibit A to Appendix D of this Contract. No changes to the Service Agreement terms and conditions may be made unless previously agreed to by Vendor and DIR. D. Conflicting or Additional Terms In the event that conflicting or additional terms in Vendor Software Purchase and License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. 8. Authorized Exceptions to Contract or any Appendices. A. Appendix A, Section 5, Intellectual Property is hereby deleted and replaced in its entirety as follows: This contract does not contemplate, authorize or support acquisition of custom software products or services. If Vendor and Customer seek to contract for such product or service, they must use a separate contract or seek amendment with DIR of this contract. If DIR and Vendor decide to authorize customized software or hardware products; then the intellectual property language will be negotiated and applied. B. Appendix A, Section 10. Vendor Responsibilities, Subsection K. Limitation of Liability, is hereby amended to read as follows: K. Limitation of Liability For any claim or cause of action arising under or related to the Contract: i) to the extent permitted by the Constitution and the laws of the State, none of the parties shall be liable to the other for punitive, special, or consequential damages, even if it is advised of the possibility of such damages; and ii) Vendor's liability for damages of any kind to the Customer shall be limited to the total amount paid to Vendor under the Contract during the twelve months immediately preceding the accrual of the claim or cause of action. However, this limitation of Vendor's liability shall not apply to violation of intellectual property rights including but not limited to patent, trademark, or copyright infringement, for which Vendor shall indemnify the Customer as set forth in Section 10.A.3. 01/28/2015 Page 4 of 5 DIR Contract No. DIR-TSO-3370 Vendor Contract No. SPILLMAN TECHNOLOGIES, INC. Authorized By: Signature on File Name: Joe Lunt Title: EVP Date: 11-16-15 The State of Texas, acting by and through the Department of information Resources Authorized By: Signattre of File Name: _ Sally Ward for Dale Richardson_ Title: Chief Operations Officer Date: 11-19-15 Office of General Counsel: D. Brown, 11-18-15 01/28/2015 Page 5 of 5 Invoice 4625 Lake Park Blvd. Page 1/1 Invoice 38999 Iw I Imman, Salt Lake City, Utah 84120 Date 9/11/20118"ttechnollogies, inc. 801.902.1200 Bill To: Norte Ricitiand Hills Police Department Ship To: North Richland FiRfs Police Department Mike Young Mike Young 7301 E NE Loop 820 7301 F NE Loop 820 North Rictitand TX 76180-0609 North RicMand TX 7620-0609 c - Salesperson .3.—.b -0--1--- P4,Numbjr., I ��....-.-. 9/ ' - -- M a st-er No mairtenane TXNRfIPD AnuM Net 10 $0.001 1.. SZ37,3O7.61 529%,3, B 237,38 5 0 I /2018 34 Ordered1a..Shtppedl .V 0/e! OWAINTENANCE e n09 ce 10/01/2018 " I Unii �th:e Ertl Price 02.61 Subtotal $2 3 7,302.6 1 Misc $0100 Tax $0.00 A service char ge of I tf%pet month will ce charged on aU past,due amounts. Any{ssues disputing the tuning or amount of any iterns on this invoice must be ihrwght to the attention of Total $237,302.61 Spillman Technotogces within 20 days of the data of this invoke to avoid related tee vice chat ge. K8� ^����0� ���� [2 �P� ����VV� |`��^ U . . L^~^ /�° . ..~~~ Breakdown Maintenance Breakdown ByModule Brazos XK4LInterface $5.875.95 CAD $8.51050 CAD Mapping $4.26U8 Command Staff Productivity $2.405.83 CumpOtat Management Dashboard $7.805.17 Courts Interface $5.875,95 Chm*Muni1n, $2.451,00 Cross-Staffing $5.347.43 Driver License Scanning $2.307.18 E'811 Interface $1.278.19 Evidence Du'onde and Auditing $2.307,10 Evidence Management $4.013,33 Fi/ohuuso |ntorfovo $1.469.25 MipLink Paging Interface $8.620.04 |8R - State Specific %8.22873 Imaging $7.890.96 Integrated Hall) Nameo. Vehicles, Property, $23.06975 Wanted Persons, Message Center Jail Management $0.518.50 Law Records %15.079�03 Live'SuanF}ngorphndn8 $3.255.18 Mobile Arrest Form %5.887.00 Mobile AVL and Mapping $5.07595 Mobile Incident Offense National Form $7.88080 Mobile Premises and HazKAot $2.307.18 Mobile Quickest Route $3.044,98 Mobile Records $5.875,95 Mobile State 8 National Queries $5.875.95 Mobile Voiceless Disperuh $5.875.95 Pin Mapping $4.613.33 Premises and MpzMa1Information $4.615.33 Professional Service $8.013,82 ProCV\ Fire Interface $2.725,63 Pro(}A Law Interface $2.725�03 ProUA Medical Interface $3.94U3 Rapid Notification $2.307,18 Response Plans $4.200.30 Soni'yxG|G (Seobane) $0.00 SpiUrnanAna|y(iuu D7o85.00 Spi||rounTouoh $7.690�90 D1nroLink $9.22073 TroMio $4`61I53 Vine Interface $816.08 SuhTokm| $234.142�61 Tax WOO Total Maintenance $234,142.01 10/112010/hnu8/30/2019 Maintenance Breakdown Dy0odu|o ERO |ntodace $3.160.00 SvbTobs| $3.1160�00 Tax WOO Total Maintenance $3,160.00 10/1/2018 \h'u9/38/2019 $237,302.61 ............---...... CERTIFICATE OF INTERESTED PARTIES FORM 1295 toil Completefros I OFFICE USE ONLY Complete Nos�1,2,3,�,,and 57 d there are no interesksl paFfies, CERTIFICATION OF FILING I Name Of bLehoeSS entity filing form,and the city,state and country of file bUSiness entity'splace Certificate Numbec of ljusmcss� 2018-409118 Sipilknan'l ecimologies Salt LakL City, UT United States Date Filed: 2 Name of governme.wal entity or state agency that is a patt�-t,—the 0912812018 being filed, North Richland I Mile Date Acknowledged: 3 Provide the Identification numbet used by the governmental entity or state agency to track of identify the contract,and provide a description of the sewices,goods,or other property to tic provided under the contract. Invoice 38999 Main lenance Nature of interest 4 Narno of interested Party city,state,Country(place of business) (check applicabliti ——------- -.—Controlling intermediary 5 Check only It there is NO Interested Party. 6 UNSWORN DECLA�ATION My natile 1., 0'(7 r S ----------- and my date of hini i q� . em,is .1 t,/ My add ---------------- . ....... (Strolul, Note) idtf,cradi)� (Cou'r4y) I dnclarr!nri(icr Penalty of faiijury t1iia the taefroing rs true and correct e I ...... counry, SWe of on he day of �n in ........... NOTARY PUBLIC AMANDA PICKETT 6918" Signature of authorized agew of contracting busrness ontify EXPIRES trieckimm) by TeW0VWVZi2Mon viviavethics.state.Ax.tis Version VLO,671.1 STATE OF UTAH MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Authorize the purchase of fuel for city vehicles and equipment in an amount not to exceed $537,920 using the Tarrant County contract with Martin Eagle Oil Company PRESENTER: Mike Curtis, Managing Director SUMMARY: City Council is being requested to authorize the purchase of fuel in an amount not to exceed $537,920 during the FY 201812019 through an inter-local cooperative purchasing agreement in place with Tarrant County for the purchase of gasoline and diesel fuel from Martin Eagle Oil Company. GENERAL DESCRIPTION: Staff estimated that the total cost of fuel for the FY 2018/2019 would be $537,920. This fuel includes gasoline and diesel fuel for all city departments. The city has approximately 350 vehicles/equipment in its fleet that utilizes the fuel. The amount of $537,920 was included in the 2018/2019 budget and approved by Council. The city and Tarrant County currently have an agreement in place to allow for the purchase of gasoline and diesel fuel with Martin Eagle Oil Company using the Tarrant County contract. This is a one-year year contract, with three additional options to renew for one-year each. If funds are appropriated in the city's annual budget for the initial term and the remaining renewal years, and Terms and Conditions of the contract do not change when Tarrant County elects to renew the Martin Eagle contract, the remaining renewals will not require additional City Council approval. Staff has reviewed prices that Tarrant County has for fuel and believes that the Tarrant County contract provides the best pricing for our needs. All state competitive bidding requirements will be met by purchasing fuel through this contract. RECOMMENDATION: Authorize the purchase of fuel for city vehicles and equipment in an amount not to exceed $537,920 using the Tarrant County contract with Martin Eagle Oil Company. CERTIFICATE OF INTERESTED PARTIES FORM 1295 Intl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-410094 Martin Eagle Oil Company, Inc. Denton,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/02/2018 being filed. North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract RFB 2018-057 Wholesale fuels&related petroleum items 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Phillip Childers III and my date of birth is My address is 2700 James Street , Denton Texas, 76205 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Denton County, State of Texas ,on the 2nd day of October ,20 18 (month) (year) �L. Signature �f authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 Sharon Nagao From: Scott Kendall Sent: Wednesday, April 04, 2018 12:31 PM To: Sharon Nagao Subject: FW: Emailing - 2018-057_AC Fuel_Award_127153.pdf Attachments: 2018-057_AC Fuel_Award_127153.pdf Sharon, Please add this email to your Agenda item. Thank you, Scott Kendall, C.P.M. Purchasing Manager— Purchasing Division City of North Richland Hills 4301 City Point Drive North Richland Hills, TX 76180 E-Mail: skendall @nrhtx.com Phone: 817-427-6165 Fax: 817-427-6151 From: Brandie J. Bingham [mailto:BJBingham @tarrantcounty.com] Sent: Wednesday, April 04, 2018 12:28 PM To: Scott Kendall Subject: Emailing - 2018-057_AC Fuel_Award_127153.pdf Scott, Good afternoon. As a member of the Tarrant County Cooperative Purchasing Program, the City of North Richland Hills is eligible to access the annual contract under Bid 2018-057 for Fuel. Please let me know if you need any further information. Thank you, Brandie Bingham, CPPB Senior Buyer Tarrant County Purchasing 100 E. Weatherford St., Suite 303 Fort Worth, TX 76196 P: 817-884-3246 F: 817-212-3043 bibingham(abtarrantcounty.com t 127153 REFERENCE NUMBER H` COMMISSIONERS COURT PACE I OF 19 COMMUNICATION DATE: 02/27/2018 SUBJECT: BID NO. 2018-057-ANNUAL CONTRACT FOR FUEL - COUNTYWIDE - VARIOUS VENDORS - PER UNIT PRICE COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court award Bid No. 2018-057, Annual Contract for Fuel, Countywide, to the following vendors at the per unit price: Primary Martin Eagle Oil Company Secondary Douglass Distributing BACKGROUND: Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and posted on the Internet, the Arlington Black Chamber of Commerce, the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. One-hundred thirteen (113) vendors were contacted and requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested bidders. A pre-bid conference held on January 30, 2018 was attended by four (4) vendors as well as representatives from Transportation Services, Precinct 1 Maintenance, and Purchasing. Five (5) bids and three (3) no bids were received. Bids were evaluated by Transportation Services, three (3) Maintenance Precincts, and Purchasing representatives. Award recommendations are to the low bids, meeting specifications. The bid received from Mansfield Oil Company was deemed non-responsive for failure to sign Addendum 1 as required. The term of the contract is twelve (12) months, effective April 7, 2018, with three (3) options for renewal periods of twelve (12)months each. Therefore, it is the joint recommendation of Transportation Services, three (3) Maintenance Precincts, and Purchasing that Bid No. 2018-057, Annual Contract for Fuel, be awarded to the vendors listed above at the per unit price. FISCAL IMPACT: Expenses for last year were approximately $1,019,541.69. Orders are on an as needed-basis. Eighteen (18) entities will utilize this bid. Entity listing with fuel usage is attached. SUBMITTED BY: Purchasing PREPARED BY Brandie Bingham,CPPB APPROVED BY: m v a °a o o in o us u> O d j a o 0 : b N of N O O m O O 4 O V O N d' (fY fV dNj V N z F N N O O O O O O O O O N Q O O. 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Z m L co % TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any county action that involves the adoption of a regulation, policy, guideline, court resolution, or order. Project/Regulation Name: Bid No 2018-057, Annual Contract for Fuel County Department: PURCHASING Contact Person: Jack Beacham, C.P.M., A.P.P. Phone Number for Contact Person: (817) 884-1133 Type of TIA Performed: SHORT TIA or FULL TIA, Circle one after answering the questions in Sections 11 and III belo� I. Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy, guideline, court resolution or order. Note: The remainder of this Takings Impact Assessment Checklist should be completed in consultation with the Criminal District Attorney's Office. 11. Potential Effect on Private Real Property 1 Does the county action require a physical invasion, occupation or dedication of real property? Yes No—4 2. Does the county action limit or restrict a real property right, even partially or temporarily? Yes No 4 If you answered yes to either question, go to Section Ill. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. 7 O O O O O M O q O (O (O U) O QN0 0 W N m 0 m N N �7 y a c� uS rS rS rz � ss v3 Esr �r `m x O 0 3 O FM < m V @ 00 00 00 00 00 00 m o = 0 0 0 0 0 0 y N O O O O O O O t6 L d fA fR V3 V3 V3 6? N O n 0 _ W O Z m y 7 7 2 � N N N N N N N d d d d d d m FL = O 00 00 00 00 coo 0 0 o n m o a o 0 0 U� ro o y Q M Lq (NO Gi O _ a_ } m N H3 LL IL O a o X O 0 w y F o u Q C V O O O O O O m >- W � Z IL c R m � � 3 ti w a a a a a a N C? a co 0 0 r N Y Y N Fm: W o 0 0 o rn o o m O W N m r Z m a 7 M m � rn rn M m m W m V 6J J N O m ? 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U) m LL Q 0 C 2 T > > T 0 O N Q Z W ~ N N N N N 4) af T 01 of 0 d Q O Q N a QJ HN W O O z O y y y N Z _N 0 N N Q H U N M a W N N N N co MRH CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 22, 2018 Subject: Approve purchase of police vehicles from Sam Pack's Five Star Ford in the amount of$386,070.50 through a Tarrant County cooperative contract Presenter: Mike Curtis, Managing Director Summary: This is for the purchase of ten 2018 Ford Interceptors for the Police Department. It is being recommended to purchase these vehicles from Sam Pack's Five Star Ford through Tarrant County Contract #2016-006. General Description: This is for the purchase of ten 2018 Ford Interceptors for the Police Department. The table below identifies the new replacement vehicles for City Council's consideration. Qt . Descri tion I Department Cost 10 1 Interceptor Explorers Police $386,070.50 TOTAL $386,070.50 The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through these local government purchasing cooperatives. Sam Pack's Five Star Ford has submitted quotes using Tarrant County contract #2016- 006 totaling $386,070.50 for the vehicle. City staff is recommending purchasing the vehicles through this Tarrant County contract. The city has conducted previous business with Sam Pack's Five Star Ford with good results. The FY 2018/2019 Adopted Budget includes funding in the Fleet Services Fund for the replacement of ten (10) Ford Interceptors. Recommendation: Approve purchase of police vehicles from Sam Pack's Five Star Ford in the amount of $386,070.50 through a Tarrant County cooperative contract CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,s,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-413516 SAM PACKS FIVE STAR FORD CARROLLTON,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 10/11J2018 being filed. CITY OF NORTH RICHLAND HILLS Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2016.006 VEHICLES Nature of interest 4 Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling Intermediary 6 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is a O IL^^R„_. and my date of birth is My address is l G 3S 5 6L f CIO (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. d Executed in—Dix \G.,� County, Stale of ,on the /�day of /0 201- (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.ot.us Version V1.0.6711 Court Order#126522 REFERENCE NUMBER 91 COMMISSIONERS COURT PAGE 1 OF 33 COMMUNICATION DATE: 11/7/2017 SUBJECT: BID NO. 2016-006 -ANNUAL CONTRACT FOR PURCHASE OF POLICE PACKAGE VEHICLES - COUNTYWIDE - VARIOUS VENDORS - EXERCISE SECOND AND FINAL OPTION FOR RENEWAL - SAME FIRM FIXED PRICES CONSENT AGENDA COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court approve renewal of Bid No. 2016-006, Annual Contract for Purchase of Police Package Vehicles, for the second and final optional twelve (12) month period at the same firm fixed prices. BACKGROUND: On November 8, 2016, through Court Order #123936, the Commissioners Court approved renewal of Bid No. 2016-006, Annual Contract for Purchase of Police Package Vehicles, Countywide, to the following vendors: Primary Holiday Chevrolet 12 of 25 Items Reliable Chevrolet 12 of 25 Items Sam Pack's Five Star Chevrolet 11 of 25 Items Sam Pack's Five Star Ford 8 of 25 Items Silsbee Ford 8 of 25 Items Dodge City of McKinney 5 of 25 Items Grapevine DCJ, LLC 5 of 25 Items The awards were based upon low bid per item and contained options to renew for two (2) additional twelve (12) month periods at the same prices. The vendors notified Purchasing in writing that their prices will remain firm through November 16, 2018. Transportation Services notified Purchasing in writing that they are pleased with the vendors listed above and want to renew. Therefore, it is the joint recommendation of Transportation Services and Purchasing that the Commissioners Court approve renewal of Bid No. 2016-006, Annual Contract for Purchase of Police Package Vehicles, for another twelve (12) month period. SUBMFITED BY: Purchasing PREPARED BY: Tim Jones rr APPROVED BY: COMMISSIONERS COURT ax COMMUNICATION 0 *'•• ••"•• REFERENCE NUMBER: DATE: 11/7/2017 PAGE 2 OF 33 FISCAL IMPACT: Expenses for last year were approximately $178,423.00. Orders are placed on an as-needed basis. Currently the following thirty-four (34) Governmental Entities utilize this Bid. Cities: Allen, Baytown, Bowie, Deer Park, Farmers Branch, Garland, Heath, Hunt, Irving, Kerens, Lewisville, Royce City, Saginaw, Seagraves, Waxahachie, and Wylie. Counties: Brazoria, Clay, Grimes, Guadalupe, Midland, Panola, Partner, Potter, Rains, and Sterling. College: Collin County College. ISD's: Nacogdoches, New Caney, Normangee, Quinlan, and Richardson. Towns Of: Flower Mound and Mount Vernon. GOD TARRANTICOUNTY PDRCBA8ING0D98RTMENT nonC0� cxm/ u,x Jv�casacEummor.u«,x.r.p. � . ,".� . PURCHASINGAGENT ASo/STANTaRCIIASINoAGLNT September 20` 2O17 Alan Rosner Sam Pack's Five Star Ford 103D )H-3SE Carrollton, Texas 76000 Re: Bid No. 2V1O`OV0. Annual Contract for Purchase of Police Package Vehicles Dear Mr. Rosner, On November 17, 2015, Tarrant County Commissioners Court awarded your company a portion of Bid No. 2016-006, Annual Contract for Purchase of Police Package Vehicles. Primary: Oof25Items Bid No. 2016-005, was awarded for a twelve (12) month period from November 17, 2015 through November 18. 2D10 with two (2) options tn renew for additional twelve (12) month periods, The 1S1 renewal was approved onNovomber8, 201G. Tu/rantCountywinhestnoxeroiseouroeoondandfina| option to renew this contract. |f you agree tn this renewal the following will apply: Renewal contract period: November 17, 2017 through November 16, 2018, Prices from original award will remain firm fixed prices during the entire renewal contract period. Please check one of the following and ia fax W (817) 2i2^304Oor e-mail k` tionesCcDtarrantcounty.com. Also, J agreeing ko the renewal, please return completed 1295 Form aa requested |nmyo`mo||. new Bid No Yes, Sam Pack's Five Star Ford 6desirto . 2016-006, No Sam Pack's Five Star Ford do not wis rene id No. 2016-006 If yes, please provide a listing of entities currently tilizing this bid. If possible, please include dollar amount purchased by each entitV. ' |f you have any questions. | can he reached by telephone ui(817)884-302O. nrby fax at(817)2i2'3O48, 0y e-mail address is Respectfully. Tim Jones Senior Buyer nARRANroVUNTY ADMINISTRATION BUILDING,ROOM 303 loo a.`*syzosnaouo,FORT vronza,TEXAS r^190 817'884-1414.*17'884-2629(rua z cd m 2 d C6 0 0 0 CIT CL m U) > O (L 0 U.0 a- E C6 q q 6 CL Z 2 :D LL aNi > U) w u -6 o ? m CL 0) 0 > ca m E .LL = 3: 2t w M m u m 0 X IL 0 0 z M 0 1'e m z co 0 E E rL E x 0 0 co z 0 m O O 4 C� M m p IL OY o tO O N C3 < 9 a >IL 0 0 0 IL 0 C� O m SS LO m Q 0 > 0 0 = o U E 0 0 0 Z W 10 (L IL 'a (L z E v 0 0 o o f)f m,E 00 -J w 0 1= = < CL w 0 7), 0 CF 0 0 C o W U) -6 i U) 5 2 rL m E U) to 0. -0 0 0 0 'a — N p 7 o culi 0 yp, v0 0 o 0 0 o 0 o o 0 > -cc a .. r, -z 0 O. = S 4 > > m 001 0 ol 0 co Om OK OAS 0 0 L z L IL C6 cd LL w w D- M i7i 0 C 4 (L 0 z C� U) 0 0 > a. 0 = 0 0) \/ D- IL m m m m E -a' 2 C6 A U. '2 co m 0 0 0 0 LL 0 z > E . /m V) 0 D :9 � co m z z > Z —2 E .�t (L > 0 0 a 0 z w co z z E 0 2 E { /0 \ > / \/ fu 0 0 LL z 0 m 2 MN > CL (o 9 CL IL "2 0 LL U. a > > F- CL 0 a- 0 . 0 0 CL IL 0 z C� M m , 0 z < U) U) 0 z "E 8 m 0 0 0 0 < > CO U. _ < j) $ \0 Lu 0 0 0 �- (L M I= — 0) 0 0 0 .- 0 a 0 ct� 0 'a Lu rl� of 0 0 < 0 < U) 0 / / a / E 0 0 .9 02 0 0 :E 7E N :E F- LU 2 0 IL 0 1 L w LL 0 m —to N vi co 0 \ E \ m 1 0 El2 Z ° c6 0 0 0 0 m q N 9 0 0 N u) CF Zi 0. 0 0 0 C5 6 0 LL m E LU m to lL co m S N 0 to 0 Z m U) > z m E =0 0- N L) U) O 0 z 0 1 m m M z z O D 62 K 0 U. 60 0 m C� >C� C0) CEI 0 N v 6 C5 Or lO CO < Cq m m (D E O N .1z; u m 0 U- x -2 LL 0 z To co Z C� L6 0 > x w w m 0 LL C 0 r 0 =0 07 IL F- E a a 0 CL 0 O 'a uj m = 0� a - , o°1 O pN 0 -P4 > < = 0 0- 0 CL �Q 0 W CL E 121 0 LU ca '0 LI: 0 -J a E 0 O — 0 ¢i O 0 0 tr < 0 S W = � C: > CEO ui Q(.5 00 o 0 6Cn 0m 0m E� U. > < \ ) / \ ) CL 0 CL N w j ( j � \ ) ° . . 0 Ci m m a CIL / : < 2 z -2 E u 0 = wl { & ƒ ) } k a) 12 .0 ) 222 ! / 0 P u E —Om— , 0 L, V) /} /) \ w E2 -6 m C) N 0 N FIN *J TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any County action that involves the adoption of a regulation, policy, guideline, court resolution or order. Project/Regulation Name: BID No. 2016-006 — ANNUAL CONTRACT PURCHASE OF POLICE PACKAGE VEHICLES County Department: PURCHASING Contact Person: JACK BEACHAM, C.P.M., A.P.P. Phone Number for Contact Person: (817) 884-1133 Type of TIA Performed: T or FULL TIA. Circle one after answering the C1 � questions in Sections 11 and III below, I. Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy, guideline, court resolution or order. Note: The remainder of this Takings Impact Assessment Checklist should be completed in consultation with the Criminal District Attorney's Office. 11. Potential Effect on Private Real Property 1. Does the County action require a physical invasion, occupation or dedication of real property? Yes No V 2. Does the County action limit or restrict a real property right, even partially or temporarily? Yes No V If you answered yes to either question, go to Section Ill. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Can and Light Trucks Team Members--KeNn Mae to Jorge Guerra-Nan Rosner TARRANT COUNTY CONTRACT 2016-006 End User:CitV Or NC nb Richard Hills 1[HIKE Y0UNG) Sam Pack's Rep: KEVIN MOORE Conum: ZANE RYAN Dam: 10.10.16 contact TWEmaII Phone A IO.ArOdorf 1-"OR WFWYZ Product Description: 2018 Ford Police Interceptor Utility Gap-(ADMIN UNITS) InI.M 1-Stering Grey UJ A. em series: ud IRSA ease Pnce. $ 24,492.00 B. PndlsneaDdona phannize Each Below Cade Desch ran aid Price code Deaeri"a Bid Price 99R144C a.TLANTL-VXT t6-s Bed numniaac Tans aeon Included LS DAw(BLDE NiL .SLIM Air Cnndilinnin Intludetl CS Cnalull Black lntennr M. SOW NI Sind R SUV Tdm Equinnient Included IDW VinlFloom Induced nA FEAR 11 $ 6ID.00 .SOW 2Ka:AFare Included 19D GLOSA T LUCK AND U CLOCK wD sow Pa-E ul ment Grou p Intludetl 8]R REAR VI EA CAMERA IN MIRROR LIC ADW He-Daniel Induced 942 en 0ma Rieral D nu mauled SDW AM FM1CO Indicted 6n. Full Size spas Indimed Raar Clmn Beau Induced Total Art.-P,hii,h,d Options $ fit 0.00 C. FordFano PudleradDti code Deaen con Ria wm. Cora A...a Don Rid Pae. Toml of C.-Dealer Published Options $ D. 0act Quote Code Directed R Rid Price code Do 'I non Rid Price 153 Fienmcense Hate Bracket NL 64E 11 ALUWNwn AREEL6 $4T5.DD 150 CADGE DELETE NC 65U INTERIOR UP GRADE $390.00 18D GLOBAL LOCK NC 66A FRONT HEAD LAMP SOLUTION 850.00 18X 100 WATT SIREN SPKRBRACKET A PIG TAIL 390-0D 660 TAIL LAMP DOLING SOLUTION 25.00 21L FRONT AUX LI GHTS V22'!2D 66C REAR MIGHT NG SOLUTION $455.D0 21P PONCE VAWNG HARNESS AT REAR $13D.DD ]BD DEFLECTOR PLATE $1115.o0 21A FRONT POCKET V,ARNING LIGHTS RECD ]6R REVERSE SEND!NO $271.n o 43L SILENT MOUE $20.D0 86L AUTO HEAD LAMPS $115.00 47A POLICE ENGINE IDLE FEATURE $230.DD 47c FRONT AIRING HARNESS KR $135.DD 92G AND LOW AND REAR SOLAR TINT $120.DD 942 PACT ME RUN"NO LIGHTS 545.00 53M SYNC SYSTEM $295.DD 593 PEN METOR ARM THEFT ALARM $12LI.DD 94Z MANUAL FOLD HEATED MIRRORS INCLUDED ROOFRACKWED0 $475.DD 55B SHE SYSTEM $u45.DD FRONT WINDSHIELD LIGHTS WE DO $985.00 56D SCUFF GUARGS WCUD AM '.a�Wltin Loom S45.o0 69E KEYEDADKE $50.10 AM Trailer Packa HCIaae III NUIT $450.00 SSF KEYLESS ENTRY $33D.pp CON NINSE SUPPRESS)ON BONDS $11,M) I SYeer 100,000 1,11e2ero Deruatlble ESP $2695.DD 613 REMAPPABLE I"ITCHES $155.Do 6SL REAR QUARTER GLASS SICE MARKER LIGHTS $'iS.UD Toral or C.-DO Menu.,i... $12,391.11 F. CetiN,OF.... 29 Mile.@$2asai 71.05 C. option DI.wanu $ H. Total or A♦B+c+D+E=F S a]sfi]15 I. Boor wan Assists $0.00 J. Loun.urance ewer.9e. $0.00 K. Camedry Ordered 2 X F= $ 7S,12fi.10 L Administrative Fee $ N. No m Equip Charges B Credits N. TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $]5,12fi.1a CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Can and U,ht Trucks Barrio Members--KeN Moo to Jorge Guerra-Nan Rosner TARRANT C0U NTV CONTRACT 2016006 End User:CMOf NDM Richland Hills RATROLI Sam Pack's Rep: KEVIN MOORE Contact AIDE RYAN Data 10.10.18 ConfectlHara l Phone# J El.nar Clar bl LKVRKBLUE Product Description. 2018 FOrd Police interceptor Wliry Floore Intends A .,a Series: L14 NSA Base Price: E As subc00 B. Published Options ifternize Each Below Code DescLoch in Bid Price Code Descri Lion Bitl Price FAR 44C &1L VA TLVCT FFV/65 eetl AUloma11c Transmlaslan Included LE DARKBWE NIC SODA Gr Cnndilinnin Included 9W Charmal Blank lnlehor NIC 500A At Sind PI SUV Trim Equipment Included 690.4 Mall Floom Included 11 BE.. $ a .00 SODA 2 Ross,&For, Included SODA PowerFi ul menl Godup Included 87R REAR VIEW CAMERA IN MIRROR NIC 500A Orulse Oanud Included 942 Ca ime Runnin Li hls Included SODA AM/FM/CD knitted 690.4 Full Size Spare Included beer Goth Seals Included Thisl AF .-PUblisbetl Options S 610.00 L. Ford Forte Publidsma( i a Carl. Oeecri[ion Bitl act. Coca O......ion Rid Price TMd of C.-Dealer Published Options E D. Fteef DUOte Code De.Cd non Bid Price Code Description Bid Price 153 Front License Nam Backe NIC 16D BADGE DELETE N 6TU ULTIMATE W ONG PYG SSSD.O 52P HDDEN DOOR PLUNGERADOOR HANDLES INOP 5150.00 MOO FRONT HEAD LAMP SOLUTION "11..1 18X 100 WATT A PER SPKWBRACKET&PIG TAIL 5300.00 66B TA L WMP LIGHTING SOLUTION 5426.0( 21L FRONTA ALIGHTS 5550.00 66C REAR LIGHTING SOLUTION 5455.00 21P EDUCE WI M NG HARNESS MT REAR 5130.9( 76D DEFLECTOR PLATE 5335 0( Fort FRONT POCKET WARNING LIGHTS 5'040.00 76R REVERSE SENSING S[T 6.Oc 43L SILENT HONE $20.00 arL AUT0 HEAD LAL1PS Soon OF 47A POUCE ENGIN E IDLE FEATURE 5260.00 MON BALUSIIC DOOR PANELS LEVEL III 31.585.00 47C FRONTVJIRING HARNESS KIT 5105.90 02G 2ND R0'N AND REAR SOLAR TINT S1:D.00 51R DRI VERS BIDE LED SPOT LIMP OG&L0 942 1 DAYTIME RUNNI NO LIGHTS $450 53M S NC SYSTEM 5291.00 96T REAR SPCI LER TRAFFIC WARNING LIGHTS 31400.00 54Z iMANUAL FOLD HEATED MIRRORS INCLUDED 55B BUS SYSTEM S64b.00 55D SCUFF 6U4RD5 $TC.09 Ad T-4`la Winn Loose $450 59E KEYED ALIKE $S D00 AM Traler Pil" CAPS,111 Hired S45D.0 OUR NOISE SUPPRESSION BONDS 5100.00 Sear 100000 Mlle Zero Deductible ESP 5'2.305.00 DO REMAPPABLE SNATCHES 516590 66L REAR0UARTERGLASSSIDEMARKERLIGHT6 6ST6.00 Total of O.-OR Mena Options $13,695.00 F. Oeivery Cbar9es 29 Mile.64$ZAGoile S 71.05 G. Date.Discounts $ H. Tote of A+B+C+A+E=F $ "d`BAGS I. 9 nor Plan ANONance $60 J. Lot I muance C.-Offer. $9.D K. pudart,Ordered e X F= $ 310,944.40 * administrative Fee E M. NoroEqui p Charges&CreMts N. TOTAL PURCHASE PRICE INCLUDING ADMIN FEE 5310.940.40 MRH CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 22, 2018 Subject: Approve purchase of a light-duty pickup from Sam Pack's Five Star Ford in the amount of $31,375.00 through a Tarrant County Cooperative Contract. Presenter: Mike Curtis, Managing Director Summary: The 2018-19 Budget includes the purchase of a vehicle for the Fleet Services Department. It is being recommended to purchase this vehicle from Sam Pack's Five Star Ford through Tarrant County Contract #2018-022. General Description: The table below identifies the new vehicle for City Council's consideration. Qty. Description I Department Cost 1 Ford F-150 Pickup Fleet Services $31,375 TOTAL $31,375 In the 2018-19 Adopted Budget, funding was approved for the purchase of a light-duty pickup truck for the Fleet Services Department. The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. Sam Pack's Five Star Ford has submitted a quote using Tarrant County contract #2018- 022 totaling $31,375 for vehicle. City staff is recommending purchasing the vehicle through this Tarrant County contract. The City has conducted previous business with Sam Pack's Five Star Ford with good results. Recommendation: Approve purchase of a light-duty pickup from Sam Pack's Five Star Ford in the amount of$31,375.00 through a Tarrant County Cooperative Contract. CERTIFICATE OF INTERESTED PARTIES FORM 3.295 Soft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-413519 SAM PACKS FIVE STAR FORD CARROLLTON,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/11/2018 being filed. CITY OF NORTH RICHLAND HILLS Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2018-022 VEHICLES Nature of interest 4 Name of Interested Pa rt y City,,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION (A��At My name is �Q V 1 lk �Iy\b(1 and my date of birth is My address is l G 3S � � Ca c s 0 IT t,�.., , '7S d G} �. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. c '' Executed in C- I. County, State of� ,on the / / day of 10 20�. (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 COUry•• +�2�, ay�• REFERENCE NUMBER H` COMMISSIONERS COURT PACE I OF 78 COMMUNICATION DATE: 12/12/2017 SUBJECT: BID NO. 2018-022 -ANNUAL CONTRACT FOR PURCHASE OF PICKUPS, VANS, AND UTILITY VEHICLES - COUNTYWIDE -VARIOUS VENDORS - PER UNIT PRICE COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court award Bid No. 2018-022, Annual Contract for Purchase of Pickups, Vans, and Utility Vehicles, Countywide, to the following vendors at the per unit price: Section 1 -Pickups Primary Grapevine DCJ, LLC 13 of 23 Items Dodge City of McKinney 11 of 23 Items Moore Chrysler, Dodge, Jeep, Ram 10 of 23 Items Jerry's GM 7 of 23 Items Caldwell Country Chevrolet 6 of 23 Items Sam Pack's Five Star Ford 5 of 23 Items Reliable Chevrolet 5 of 23 Items Rockdale Country Ford 3 of 23 Items Lake Country Chevrolet 3 of 23 Items Silsbee Ford 3 of 23 Items Section 11-Vans Primary Sam Pack's Five Star Ford 14 of 26 Items Grapevine DCJ, LLC 11 of 26 Items Reliable Chevrolet 10 of26Items Caldwell Country Chevrolet 9 of 26 Items Silsbee Ford 9 of 26 Items Rockdale Country Ford 8 of 26 Items Lake Country Chevrolet 8 of 1-6 Items Dodge City of McKinney 6 of 26 Items Moore Chrysler, Dodge, Jeep, Ram 1 of 26 Items SUBMITTED BY: Purchasing PREPARED BY Brandie Bingham,CPPB APPROVED BY: COMMISSIONERS COURT F' COMMUNICATION •`••7•` Re EReNCF NUMBER: urcre: 12/12/2017 PAGE 2OF 78 Section III—Utility Vehicles Primary Jerry's GM 9 of 28 Items Caldwell Country Chevrolet 8 of 28 Items Grapevine DCJ, LLC 7 of 28 Items Moore Chrysler, Dodge, Jeep, Ram 7 of 28 Items Lake Country Chevrolet 7 of 28 Items Dodge City of McKinney 5 of 28 Items Sam Pack's Five Star Ford 5 of 28 Items Silsbee Ford 5 of 28 Items Rockdale Country Ford 4 of 28 hems Reliable Chevrolet 4 of 28 Items Durant Toyota 2 of 28 Items Silsbee Toyota 2 of 28 Items Jim Bass Ford 1 of 28 Items BACKGROUND: Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and posted on the Internet, the Arlington Black Chamber of Commerce, the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. One hundred sixty-four (164) vendors were contacted and requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested bidders. A pre-bid conference held on October 18, 2017 was attended by five (5) vendors as well as representatives from Purchasing. Fifteen (15) bids were received. Bids were evaluated by Transportation Services and Purchasing representatives. Award recommendations are to the low bids meeting specifications. The bid received from Prestige Ford was deemed non-responsive for failure to sign Addendums 1 and 3 as required. The term of the contract is twelve (12) months, effective December 12, 2017, with two (2) options for renewal periods of twelve (12) months each. Therefore, it is the joint recommendation of Transportation Services and Purchasing that Bid No. 2018-022, Annual Contract for Purchase of Pickups, Vans, and Utility Vehicles, be awarded to the vendors listed above at the per unit price. FISCAL IMPACT: Expenses for last year are approximately $737,728.00. Orders are placed on an as-needed basis. - x ( ƒ - / \ >1 ) cu « = z z In § & - / § N C \ / ) I / { 2 [L \ / 7 x � � -) \ U- - U- §o § \ co ca (= s / %« / \ ! ate _ ® \ » a ) / 2 / § E * ® § \ 0 = ® ® _ \[ a 2 E q ) j e 2 A M / » ( [_ & m \ j / ] @ Fn Fn _ z » § _ - ( IL « ° 0 y = x C) / ) E2 - - m / ( 27 § \ � \ \ ) \ m . ƒ / 63 ® 3 « 0 ) - ( - § - / ! f / » 0 / \ \! Q _ , � _ a, 0 J f 2 # ] _ ! 0 _ ! = k / ~ k ~ ~ k � � _ _ _ LL S ! - k 0 / �0 } 9 �� \ d _ 0 m / MRH CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 22, 2018 Subject: Approve purchase of a light-duty pickup from Sam Pack's Five Star Ford in the amount of $31,375.00 through a Tarrant County Cooperative Contract Presenter: Mike Curtis, Managing Director Summary: The 2018-19 Budget includes the purchase of a vehicle for the Fleet Services Manager. It is being recommended to purchase this vehicle from Sam Pack's Five Star Ford through Tarrant County Contract #2018-022. General Description: The table below identifies the new vehicle for City Council's consideration. Qty. Description I Department Cost 1 Ford F-150 Pickup Fleet Services $31,375 TOTAL $31,375 In the 2018-19 Adopted Budget, funding was approved for the purchase of a light-duty pickup truck for the Fleet Services Manager that no longer receives a vehicle allowance for the use of their personal vehicle. The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. Sam Pack's Five Star Ford has submitted a quote using Tarrant County contract #2018- 022 totaling $31,375 for vehicle. City staff is recommending purchasing the vehicle through this Tarrant County contract. The City has conducted previous business with Sam Pack's Five Star Ford with good results. Recommendation: Approve purchase of a light-duty pickup from Sam Pack's Five Star Ford in the amount of$31,375.00 through a Tarrant County Cooperative Contract MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Authorize the City Manager to execute a contract with Classic Tile and Plaster, Inc. in the amount of $73,585 to replaster the NRH Centre pool in accordance with RFB 19-004 NRH Centre Indoor Aquatic Pool Replaster project. PRESENTER: Joe Pack, Sr. Park Planner SUMMARY: This item serves to award a contract to Classic Tile and Plaster, Inc. in accordance with RFB 19-004 NRH Centre Indoor Aquatic Pool Replaster project. GENERAL DESCRIPTION: The Capital Improvement Program includes $120,000 funding in PK1903 to provide for removal and replacement of the plaster and grates as needed for the NRH Centre indoor aquatic pool area. In order to provide minimal impact to the NRH Centre public operations, construction will begin December 10, 2018 so that the facility can re-open to the public on January 5, 2019. Request for bids (RFB) 19-004 provided a formal bidding process for the city to receive sealed bids. Prior to the bid process, city staff reached out to five qualified vendors to send personalized invitations to the pre-bid conference, which was mandatory. Two vendors attended the mandatory pre-bid conference. Bid opening was on October 10, 2018 at 11:00 a.m. with two vendors responding and one registering a formal "no bid". The contractor's responses were as follows: • Classic Tile and Plaster, Inc. $73,585 • DCC Inc., No Bid Classic Tile and Plaster, Inc. has worked on numerous replaster projects at NRH2O as well as projects for the cities of Denton, Grapevine and Addison. RECOMMENDATION: Authorize the city manager to execute a contract with Classic Tile and Plaster, Inc. in the amount of$73,585 to replaster the NRH Centre pool in accordance with RFB 19-004 NRH Centre Indoor Aquatic Pool Replaster project. CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT is made and entered by and between CLASSIC TILE AND PLASTER, INC, (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City"), to be effective from and after the date hereinafter provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. The parties agree that the contract documents shall consist of the following: 1. This written construction agreement; 2. 19-004 NRH Centre Indoor Aquatic Pool Re-Plaster Project; 3. The following listed and numbered addenda: Addendum 1; 4. The Contractor's Proposal; These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. THE WORKS H. Contractor shall provide all labor, supervision; materials and equipment necessary to perform all work required by the contract documents in connection with the construction of NRH CENTRE, INDOOR AQUATIC POOL REPLASTER PROJECT, RF13 19- 004 TIME OF COMMENCEMENT; COMPLETION HL Contractor shall commence work within ten (10)calendar days after receiving from City a notice to proceed. Contractor agrees that all work hereunder shall be complete no later than January 2, 2019. CONTRACT SUM IV. The City shall pay the Contractor in current funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, the amount of SEVENTY THREE TIIOUSAND FIVE HUNDRED AND EIGHTY FIVE DOLLARS ($73,585). Payment will be due upon completion of work. CHOICE. OF LAW; VENUE V. The parties agree that the laws of the State of Texas shall govern the interpretation,validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County,, Texas.No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties,the prevailing party shall be entitled to reasonable attorney fees. INSURANCE VI. The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of RFB 19-004, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT VII. This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. EFFECTIVE DATE VIII. This construction agreement, shall be effective upon the date of execution by Contractor, provided the City executes the same within ten (10) working days after said execution by Contractor. IN WITNESS WHEREOF, the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS CLASSIC TILE AND PLASTER,INC. BY: BY: City Manager Eric Miller DATE: TITLE: Vice President DA'L'E: ATTEST: ATTEST: -� TITLE: �L)all+ Alicia Richardson, City Secretary APPROVED AS 'I'O DORM AND LEGALITY: NRH Council Action Y/N Date Approved Agenda No. ---------- ---------------------- Ord/Res No. Males—hia B. McGinnis, City Attorney CERTIFICATE OF INTERESTED PARTIES FORM 1295 1ml Complete Nos, 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-412512 Classic Tile and Plaster Grapevine, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/09/2018 being filed. Cith of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFB 19-004 NRH CENTRE POOL PLASTER REFURBISH 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary CITY OF NORTH RICHLAND HILLS NORTH RICHLAND HILLS,TX X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION ��/� My name is Z L�--- y C��"�'`� and my date of birth is--��� My address is (street) (city) (state) (zip Cade) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in C1 -I[Zl __County, State of J�etcL cs _ OcA---_____,20 I8 _ . ____,on the` d of _ _ (month) (Year) Signature of authorized agent of con racting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.671.1 No K -riI R.. IC: H LA N D Hl I. LS iq RF4 THIF. Cnv oi: CHcxlc F, PURCHASING DEPARTMENT REQUEST 19-004 NRH CENTRE INDOOR AQUATIC POOL RE-PLASTER PROJECT BIDS DUE WEDNESDAY, OCTOBER , BY 11:00 A.M. Contents INVITATIONTO BID........................................................................................................................... 3 GENERALCONDITIONS..................................................................................................................... 4 INSURANCE REQUIREMENTS..........................................................................................................10 NON-COLLUSION AFFIDAVIT OF BIDDER.....................................................................................11 BIDCERTIFICATION..........................................................................................................................12 COMPLIANCE WITH HOUSE BILL 1295...........................................................................................13 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY ............................................................14 CONFLICT OF INTEREST QUESTIONNAIRE...................................................................................15 SPECIFICATIONS................................................................................................................................18 BIDFORM- RFB 19-004 ......................................................................................................................24 2 INVITATION TO if) The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 19-004 ➢ Bid Type: REQUEST FOR BID ➢ Bid Name: NRH CENTRE INDOOR AQUATIC POOL RE-PLASTER PROJECT ➢ Bid Due Date: Wednesday, October 10, 2018 ➢ Bid Due Time: 11:00 A.M. Central Standard Time ➢ Mandatory Pre-Bid Conference: 10:00 AM (CST) Tuesday September 18, 2018 6000 Hawk Ave., North Richland Hills, Texas 76180 ➢ Deadline for questions: Date: Friday, September 28, 2018 Time: 12:00 P.M.Central Standard Time DOCUMENTS MAY BE SUBMITTED ELECTRONICALLY VIA: www.publiepurchase.com DOCUMENTS MAY BE DELIVERED TO: City of North Richland Hills ➢ Purchasing, Attn: 19-004 NRH CENTRE INDOOR AQUATIC POOL RE-PLASTER PROJECT 4301 City Point Drive North Richland Hills, TX 76180 If delivering a bid packet please include One (I) hard cagy and One(1) soft copy on Flash drive. Submit documents in a sealed envelope with the following information marked plainly on the front: ATTN: PURCHASING DEPARTMENT ➢ 19-004 NRH CENTRE INDOOR AQUATIC POOL RE-PLASTER PROJECT No oral explanation in regard to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. 3 GENERAL, CONDFriONS In submitting this bid,the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his/her bid is turned in to the City of North Richland Hills on or before 11:00 A.M. .Wednesdav, October 10, 2018. The official time shall be determined by the clock located in the North Richland Hills City Hall Purchasing Department. Bids received after the time stated above will be considered ineligible and returned unopened. All attached bid documents are to be returned completely filled out, totaled, and signed. Envelopes containing bids must be sealed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWING BIDS/PROPOSALS/QUOTES Bids may be withdrawn at any time prior to the official opening; request for non-consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety(90) days following the date designated for the receipt of bids. 3. IRREGULAR BIDS/PROPOSALS/QUOTES Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders: c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement; 4 g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. However,the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price; terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; 0 Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, general conditions and Specifications; i) Results of testing, if required; j) Warranty and/or guarantee, maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty(60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. S. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 5 9. DELIVERY/ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a"brand name"description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause,the term"brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three(3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 6 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA-074, Standards of Conduct, Section IV). 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder, and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be tenninated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits,actions,losses,damages, claims,or liability of any character, type, or description, including claims for copyright and patent infringement, and including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death,or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. 7 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit, including self-insurance. 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100)percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount of one hundred(100)percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or firrnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code, vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. [ ] Yes, we agree [ ] No, we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85"'Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code, vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. [ ] Yes, we agree [ ] No, we do not agree 8 * By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subject to the contract prohibition under Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment- The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to me. f understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. https://wtvw.nrhtx.com/DocumentCenter/View/389/Code-of-Ethics---PDF?bidid= [ ] 1 agree [ ] 1 do not agree 25. DEPARTMENT OF TRANSPORTATION (TYDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Star. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the hill extent of the exposure and the verification of all information presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. 9 INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance comoanies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of North Richland Hills. Listed below are the types and amounts of insurance generally required. The City reserves the right to amend the insurance requirements or require additional types and amounts of coverages or provisions depending on the nature of the work or services to be performed. Type of insurance Amount of Insurance Provision 1. Commercial General Liability to 51,000,000 each occurrence, City to be listed as additional include coverage for: 51,000,000 general aggregate; insured and provided 30 day-notice a) Premises/Operations of cancellation or material change b) Products/Completed Or in coverage Operations c) Independent Contractors $1,000,000 combined single limits City prefers that insurer be rated d) Personal Injury B+VI or higher by A. M. Best or A e) Contractual Liability or higher by Standard &Poors F) Personal/Advertising Injury g) Medial Expense h) Fire Legal Liability i) Underground Hazard j) Explosion/Collapse Hazard k) Patent Infringement 1) Copyright Law Violations 2. Consultants,architects, engineers, 5500,000 Professional Liability Landscape design specialist, other with proof that aggregate is still professional services available. 3. Workers' Compensation & Statutory Limits Alternate employer endorsement Employers' Liability 5500,000 each accident required 4. Comprehensive Automobile 5500,000 Combined single limit Liability Insurance,including for bodily injury and property coverage for loading and unloading damage hazards,for a) Owned/Leased Vehicles b) Non-Coned Vehicles c Hifed Vehicles A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 10 NON COLLUSION AFFIDAVIT O BIDDE State of County of verifies that: (Name) (1) He/She is owner, partner, officer, representative, or agent of , has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SIGNATURE PRINTED NAME Subscribed and sworn to before me this Day of 2018. NOTARY PUBLIC in and for County, Texas. My commission expires: THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID 11 Rif) CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: ADDRESS: CITY, STATE & ZIP: TELEPHONE: FAX EMAIL: SIGNATURE: PRINTED NAME: DATE: 12 COMPLIANCE WITH HOUSE BILL 1295 In 2015,the Texas Legislature adopted House Bill 1295,which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law,prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title. 4) Sign the printed copy of the form(an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The conmussion will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at https://www,ethics.state,tx,us/whatsnew/elf' info forml295.htm. 13 FOR DISADVANTAGED BUSINESS ENTERPRISES S ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd., Austin TX 78701-1416 P O Box 13186,Austin, TX 78711-3186 (512) 463-5872 http://www.window.state.tx.us/procureiuent/prog/hub/hub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 http://Nv%v%v.nctrca.orgJcertitication.html If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 14 Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North Richland Hit Is must file a completed conflict of interest questionnaire. The conflict of interest questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland Hills an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C misdemeanor. The Conflict of Interest Questionnaire is included as part of this document and can be found at: https://www.ethics.state.tx.us/forms/CIO.i)d f 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire Is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176001(1-a) with a local governmental entity and the vendor meets requirements under Section 170-006(a). By law this questionnaire must be filed with the records adminls0ator of the local governmental entity not later than the 71h business day after the date tlae vendor becomes aware of faces that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense If the vendor knowingly violates Section 176.006, Local Government Code-An Offense under this section is a misdemeanor. jJ Name of vendorwho these business relationship with local governmental entity. Check this box if you arefiling an update to a previously filed questionnaire.(Tha law requires that you file an updated 21 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was Incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A_ Is the local government officer or a family member of the officer receiving or likely to receive taxable Income, other than Investment Income, from the vendor? ED Yes F-1 No B- Is the vendor receiving or likely to receive taxable Income,other than Investment income,from brat the direction of the local government officer or a family member of the off lost AND the taxable Income is not received from the local governmental entity? Yes FIND 51 Describeeach employmentor business relationship that the vendor named in Section l maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 8 EJ Check this box if the vendor has given the local government officer or a fain ily member of the officer one or more gifts as described In Section 176-003(a)(2)(B), excluding gifts described In Section 176003(a-1)- 7 Signature of vendor doing business,with the governmental entity Date FOnn provided by Texas Ethics Commission www ethics state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acorn plate copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.leg is state.tx.us/ Doc s/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to temts available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure staternent with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or family mernbei of the officer that results in the officer or family member receiving taxable Income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering Into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file acompleted conflict of interest questionnaire If the vendor has a business relationship with a local governmental entity and (1) has an employment or other business relationship with a local government officer of that local governmental entity,are family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire m List be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texts.Ethics Commission www.ethics.state.txms Revised 11/30/2015 17 SPECIFICATIONS GENERAL SCOPE OF WORK: L It is the intent of the City of North Richland Hills that the project will begin Monday December 10, 2018 and be complete by Friday January 4, 2019. 2. The contractor shall remove all plaster down to the substrate/gunite surfaces. He will then examine and identify any underlying damage to the substrate. After approval of a change order to repair the substrate, the contractor is to make repairs. The application of the bond coat and the plaster application will be a part of the base bid and not the approved change order. 3. All activity must occur Monday through Friday between the hours of 7:00 AM through 5:00 PM. Saturdays shall be at the discretion of contractor with prior approval with the NRH Centre Manager. Sunday work is prohibited. ADDRESS: NRH CENTRE 6000 Hawk Avenue North Richland Hills, TX 76180 NRH RESPONSIBILITIES AND ACTIVITIES: 1. The City is tax exempt. Tax-exempt certificates are available upon request. 2. NRH Centre staff will remove railings and landing pad in plaster areas. 3. NRH Centre staff will drain pool and remove plugs to assist relieving hydro-pressure. 4. NRH Centre staff is to replace railings and landing pad as approval by the Contractor. 5. NRH Centre staff is responsible for brushing the new plaster and monitoring PH according to the contractor's directions. NOTE: THE CONTRACTOR SHALL COMMUNICATE THROUGH PUBLIC PURCHASE PRIOR TO THE LAST DAY OF QUESTIONS ANY PROCESS VARYING FROM THESE SPECIFICATIONS. 18 THIS INFORMATION IS TO BECOME AVAILABLE TO ALL BIDDING CONTRACTOR'S FOR THEIR CONSIDERATION OF PRICE AS AN ALTERNATE BID PROPOSED BY NRH STAFF. PLASTER REMOVAL/ CONTRACTOR'S RESPONSIBILITIES: 1. The contractor is responsible for providing and installing air filtering systems to reduce the dust contamination venting through the exterior exit doors. The contractor is to seal entrances to the natatorium to prevent contaminates from entering other areas of the Centre. 2. The contractor is to turn off power to the HVAC systems, seal any supply and return vents. The contractor is responsible for maintenance of the air filtering system during the entire length of construction. 3. The contractor is responsible for removing all water features and fixtures. 4. Upon completion of pool draining, the contractor will walk the pool surface areas with the NRH Centre Manager or designated staff member for initial identification of anchors, which have corrosion, evidence of rebar bleeding, tile damage and any particular concerns, to address during the resurfacing project. 5. Ensure protective measures are in place for adjacent tile surfaces or other surfaces that could suffer damage from plaster removal procedures. 6. Double saw cut plaster at all file lines, light fixtures, returns, lane line anchors, main drains, water feature anchors,jets, and spray nozzles. 7. Remove plaster from substrate surfaces utilizing chisel,jackhammer, high pressure hydro blasting or other approved procedures. The City is not responsible for tiles damaged during the plaster removal process. S. Pressure wash or acid wash substrate surfaces to remove any contaminate which would affect bonding material applications. Contractor is to follow all manufacturer's instructions. SURFACE PREPARATION AND PLASTER APPLICATION/CONTRACTOR'S RESPONSIBILITIES: 19 1. Walk the pool surface areas again with the NRH Centre Manager or designated staff member identifying substrate cracks or other damage not identified prior to plaster removal. 2. Replace damaged items including tiles; repair damaged substrate and other surface areas after approval through change order. Prepare and repair all cracks and rebar rust bleeding according to established standards and procedures. Replacement tiles damaged by the plaster removal process are at the contractor's expense. 3. Prior to substrate repair, the contractor shall remove the mat and anchors under the children's slide and make necessary repairs. 4. Apply bond coating according to manufacturer's recommendations and procedures. 5. Re-grout all tiles as needed with the appropriate and approved product matching in grade and consistency to the existing grout, or better. 6. Apply plaster according to the manufacturer's guideline and procedures. 7. Acid wash the finished surface to exposed hue product finish and remove process film according to manufacturer's guidelines. S. The contractor will supply and install 21 new return jets in the pool. The contractor shall angle returns appropriately for cure-phase maintenance. Additionally, NRH Centre staff will supply 10 Lawson Aquatic (Neptune Benson) main drain frames and grates for the pools for the contractor to install. a. (5) 18"x 36" (rated at 1,600 GPM) b. (4) 96"x 54" (rated at 3,120 GPM) c. (1) 12" x 12" (rated at 365 GPM) 9. The contractor is responsible for replacement of all water features and fixtures not addressed above. 10. Coordinate the re-filling of the pool with the NRH Centre Manager or designated staff member to insure properly balancing of the water and care for new plaster for a minimum of 14 days in accordance with guidelines set forth by the National Plasterers' Council"Swimming Pool Start-Up Procedures" document. 20 PLASTER PRODUCT: QuartzScapes Mariner Blue 2 Bag Formula Collection: Reflections CONTRACTOR'S DUTIES: 1. Secure and pay for as necessary for proper execution and condition of work: a. Permits- Building Permit fees are not necessary. A Building Inspector will be involved to oversee the plaster project. No formal permit will be required unless there will be major construction required to the substrate after examination with contractor, NRH Center staff and the Building Inspector. b. Contractor Registration — Contractor and all sub-contractors must register with the City of North Richland Hills to perform work. Registration Fees will be S94 annually. C. Contact Planning & Development (4301 City Point Dr.) 817.427.6330 for Permits and Contractor Registration. 2. Comply with all codes, ordinances, rules, regulations, guidelines, orders and other legal requirements, which bear on performance of work. Included but not limited to: a. Government regulations of City, County, State and Federal b. Texas Department of State Health Services C. OSHA d. National Plasterers' Council e. All Product Manufacturers 3. The Contractor shall make a thorough inspection of the job site during the mandatory pre bid conference on Tuesday September 18 at 10:00 A.M. A thorough examination of these specifications should inform the contractor of the nature of the work, labor conditions or any other matters that may affect the cost and time completion of the work. Submittal of bid will be evidence that such an inspections occurred and the various details noted. 4. Upon award of the Contract, the Contractor shall coordinate with the NRH Centre Manager or designated staff member the proposed timeline and schedule for the project. 5. The Contractor shall provide a roll-off for the materials removed, or will dispose of the materials away from the City property as removed. NOTE: Any roll-off or dumpster utilized at the job-site must be through: 21 Republic Services. Contact# 817.317.2000 6. Contractor shall provide all equipment, labor and materials necessary to perform the required services.No equipment, personnel or materials will be provided by the City to the contractor, except as noted. 7. Contractor shall be responsible for the turnkey project as outlined in these specifications and general conditions. 8. Any person employed by the Contractor or Subcontractor who, in the opinion of the NRH Centre Manager or designated staff member, does not perform his work in a skillful or professional manner, shall be immediately and permanently removed from the job site. 9. Once the work has begun, the Contractor agrees to provide an English-speaking superintendent, capable crew, and all materials and equipment necessary for continuous production. Contractor shall be responsible for any costs or damages, including inspection fees, incurred by the Owner through the Contractor's failure to fully man, or equip the job. 10. Contractors use of the premise: a. Confine operations at the site to areas permitted by the contract documents, the NRH Centre Manager or designated staff member. b. Assume full responsibility for protection and safekeeping of products stored on premises. C. Enter and exit the property only as approved by the NRH Centre Manager or designated staff member. CLEANING: Upon completion of work, leave the premises neat and clean, to the satisfaction of NRH Centre Manager or designated staff member. I. Upon completion of all the required project items, the contractor will be responsible for complete removal of the air filtering system and restoring power to the HVAC system. 2. The following items must be cleaned prior to opening the facility on January 4, 2019: a) The rock wall and all plants b) The slide runout 22 c) The slide staircase d) Lights (wall sconces and ceiling) e) Windows and ledges f) Vents and ducting CONSTRUCTION SCHEDULE: All work is to begin on December 10, 2018 and all work is to conclude prior to January 4, 2019. WARRANTIES / CLOSE-OUT DOCUMENTS: 1. Provide written Contractor's labor / workmanship warranty for a period of one (1) year after completion date. 2. Provide written Manufacturers' parts/materials guarantees for a period of five (5) years after completion date. 3. Provide manufacturers' contact information of all materials used. This should include contact information, product name/code, color, and materials data sheets. 4. Provide written maintenance and care procedures for NRH Centre Staff. 5. Provide a written annual maintenance contract including the description of services provided in the contract and the annual cost. (For Staff Review/ Approval) DOCUMENTS INCLUDED WITH BID SHEET: 1. All documents called out in general conditions and technical specifications. 2. References: Contact list of at least five (5) comparable projects, preferable in the State of Texas; including full entity name, physical address, contact person's name and position, phone number and email address. 3. Materials/Safety Data Sheets of all products/materials Contractor proposes to utilize during course of project. 4. Manufacturers' Data/Cut-Sheets for all proposed product to be included in this project. 23 BID FORM... F'Bp9...Q04. N111H CENTRE INDOOR AQUA'1l'PC: POOP, REPLAST'ER PROJECT Date: Bidder: City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas, 76180 The undersigned, understands that his Bid Form is a formal, Competitive Bid and that the basis for selection of the Contractor is the best value to the City as per General Conditions, 5. Bid Evaluation. In addition, having examined the Bid Documents, comprising the General Conditions, Bid Requirements and Specifications, being sufficiently familiar with the site of the proposed Work, and being familiar with the conditions of this Contract, hereby proposes to furnish all labor, materials, equipment and services, in accordance with all Contract Documents, necessary to complete the project: NRH CENTRE INDOOR AQUATIC POOL REPLASTER PROJECT 19-004 DATE OF SUBSTANTIAL COMPLETION WEDNESDAY JANUARY 2, 2019 The City of North Richland Hills invites bids for furnishing and supplying all supervision, materials, equipment, and installation necessary to complete the NRH Centre Indoor Aquatic Pool Replaster Project per the General Conditions and Technical Specifications. The undersigned agrees to complete the above referenced Project for the base Bid amount of: TOTAL BASE BID: Dollars $ UNIT PRICING FOR ADD ON ITEMS IF NECESSARY. THESE PRICES REFLECT CHANGE ORDER PRICING FOR THE ITEMS LISTED BELOW: Inspect and replace as required existing LED light fixtures (EA) $ Tile re-grout if required (excludes contractor damage) (SF) $ Replacement of Corroded Anchors (EA) $ 24 NOTE: Bid amounts shall be shown in words and numbers. in case of ambiguity or conflict, the amount shown in words shall prevail. A. ALLOWANCES: NONE required for this project. B. ADDENDA: Bidder acknowledges receipt of Addenda as follows: No. Date No. Date No. Date C. PROJECT COMPLETION: The above specified project shall be Substantially Complete January 2, 2019. The undersigned Bidder agrees to pay liquidated damages in the amount of 5800 per day to Owner for each calendar day of delay until work is substantially completed. This sum is not to be construed in any sense as a penalty. Firm Name Signature of Officer— Title *Seal Street Address (TfBidder is a Corporation) City State Zip Phone Email 25 N o & T H K I C H L A N D H I L L S r4 It 1=1 T H E C I T Y OF C H O I C E NRH Centre Indoor Aquatic Pool Re-plaster Project 6000, Hawk Avenue, North Richland Hills, Texas RFB 19-004- September 24, 2018 ADDENDUM NO. 1 TO 19-004 NRH CENTRE INDOOR AQUATIC POOL RE-PLASTER PROJECT BID FORM- RFB 19004 A. ATTACH SAMPLE CONTRACT WITH THE FOLLOWING STATEMENT: THIS SAMPLE CONTRACT IS FOR REVIEW BY PROPOSING CONTRACTORS. TWO ORIGINAL SIGNED CONTRACTS ALONG WITH A DIGITAL COPY AND SIGNED 1295 WILL BE DUE TO NRH PROJECT MANAGER NO LATER THAN NOON ON OCTOBER 12, 2018. THIS ADDENDUM MUST BE SIGNED AND RETURNED WITH YOUR BID. Acknowledge receipt of this addendum by inserting these pages with your bid. This addendum form is a part of the contract documents and it so modifies, amends, deletes and/or adds to the original bid document. Name and Address of Company: Authorized Representative: Signature: Name: Title: Phone: FAX: Email: ADDENDUM#1— SEPTEMBER 24, 2018 RFB 19-004 NORTH RICH LAND f-hL. LS NKH'rHE CjlY 01- C �-IC) 1 (, j�� PURCHASING DEPARTMENT' REQUEST FOR BID 19-004 NRH CENTRE INDOOR AQUATIC POOL RE-PLASTER PROJECT BIDS DUE WEDNESDAY� OCTOBER 10, 2018 BY 1.1 -.0 A.IM. ................ Contents INVITATIONTO BID........................................................................................................................... 3 GENERALCONDITIONS..................................................................................................................... 4 INSURANCEREQUIREMENTS..........................................................................................................10 NON-COLLUSION AFFIDAVIT OF BIDDER................................................................................._..I I BIDCERTIFICATION.,.......................................................... ......--........... ......... ........ ................12 COMPLIANCE WITH HOUSE BILL 1295...........................................................................................13 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY ............................................................'14 CONFLICT OF INTEREST QUESTIONNAIRE...................................................................................15 SPECIFICAT IONS................................................................................................................................18 BIDFORM- RFB 19-004 ......................................................................................................................24 2 INVITAII'lllflN TO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: Y Bid Number: 19-004 Y Bid Type: REQ1JEST F'OR BID Y Bid Name: NRH CENTRE INDOOR AQUATIC POOL, RE-PLASTER PROJECT Bid Due Date: Wednesday, October 10, 2018 ➢ Bid Due Time: 11:00 A.M. Central Standard Time Mandatory Pre-Bid Conference: 10:00 AM(CST) Tuesday September 18, 2018 6000 Hawk Ave., North Richland Hills, Texas 76180 ➢ Deadline for questions: Date: Friday, September 28, 2018 Time: 12:00 P.M.Central Standard Time DOCUMENTS MAY BE SUBMI'I'T'L'D ELEC'T'RONICALL,y VIA: Www_xiblj c rurchase.com DOCUMENTS MAY BE DELIVF',RED TO: City of North Richland Hills Y Purchasing, Attn: 19-004 NRI-I CENTRE INDOOR AQUATIC POOL RE-PLASTER PROJECT 4301 City Point Drive North Richland Hills, TX 76180 II'delivering a bid packet please include One (I) hard copy and One (I) soft copy on Flash drive. Submit documents in a sealed envelope with the following information marked plainly on the front: ATTN: PURCHASING DEPARTMENT Y 19-004 NRH CENTRE INDOOR AQUATIC POOL Rh;-PLASTER PROJECT No oral explanation in regard to the meaning ofthe specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City ofNorth Richland Hills. 3 GENF,RA1, (10 lN'1)1TIONa In submitting this bid,the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BILL TIME It shall be the responsibility of each Bidder to ensure his/her bid is turned in to the City of North Richland Hills on or before 11:00 A.M. .Wednesdav, October 10 2018. The official time shall be determined by the clock located in the North Richland Hills City Hall Purchasing Department. Bids received after the time stated above will be considered ineligible and returned unopened. All attached bid documents are to be returned completely filled out, totaled, and signed. Envelopes containing bids must be sealed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWING BIDS/PROPOSALS/QUOTES Bids may be withdrawn at any time prior to the official opening; request for non-consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids. 3. IRREGULAR BIDS/PROPOSALS/QUOTES Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest ofthe City. 4. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement; 4 g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. However,the City ofNorth Richland Hills reserves the right to waive any irregularities and to make the award in the best interest ofthe City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price; terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality ofthe bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, general conditions and Specifications; i) Resultso'ftesting, ifrequired; j) Warranty and/or guarantee, maintenance requirements and performance data ofthe product requested; k) City's evaluation of[lie bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities ofthe best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest ofthe City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations ftom the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 5 9. DELIVERY/ACC,EPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of'North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a"brand name"description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause,the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum o'fthree(3)references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 6 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA-074, Standards ofConduct, Section IV). 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City.The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to l.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder, and/or purchase elsewhere and charge the Hill increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits,actions, losses,damages,claims,or liability of any character, type, or description, including claims For copyright and patent infringement, and including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property,arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death,or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense,and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. 7 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit, including sell-insurance. 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100) percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount ofone hundred (100)percent ofthe total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terns to all entities who have entered into or will enter-into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of'North Richland Hills may receive submittals in electronic form in response to procurement requests. I lowever, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85`x'Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code, vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. [ Yes, we agree [ ] No, we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85"Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code, vendor shall not do business with Iran,, Sudan or a foreign terrorist organization while providing produ tsor services to the City ofNorth Richland Hills. [ . es, we agree [ No, we do not agree 8 * By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is riot subject to the contract prohibition under Section 2252.154 ofthe'fexas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE; POLICY The City's Ethics and Compliance Policy can be found at The City ol'North Richland Hills Purchasing Division webpage- Or you may request a copy from the Purchasing Division. Acknowledgment - The City of North Richland Ilills' Internal Ethics and Compliance Policy has been made available to me. I understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. httl s://www.nrhtx. om/I ocurau nfCcnt r/Vreyi/>89/Co__d_e-of-F;th cs---PDT 7bicild= [ f agree [ ] I do not agree 25. DEPARTMENT OE TRANSPORTATION(TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions ofTitle VI of the Civil Rights Act of 1964 (78 Star. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." Due care and diligence has been used in preparation of this information,and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the bidder. The City of North Richland Mills and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. 9 ....... _ ------ . �....... _ _r_. llll�ii�^ URAN 'E' R EQUIREMEN I' Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business to the State of Texas and must be acre table to the LLty of North Richland Hills. Listed below are the types and amounts of insurance generally required. The City reserves the right to amend the insurance requirements or require additional types and amounts of coverages or provisions depending on the nature of the work or services to be performed. Type of Insurance A mount of Insurance Provision l. ercial G Commeneral Liability to $1,000,000 each occurr ce en , City o be d as al t liste addition include coverage for: $1,000,000 general aggregate; insured and provided 30 day-notice a) Premises/Operations of cancellation or material change b) Products/Completed Or in coverage Operations c) Independent Contractors $1,000,000 combined single limits City prefers that insurer be rated d) Personal Injury B,VI or higher by A.M. Best or A e) Contractual Liability or higher by Standard &Poors f) Personal/Advertising Injury g) Medial Expense to Fire Legal Liability i) Underground Hazard i) Explosion/Col lapse Hazard k) Patent Infringement _ I) Co ri =hl Law Violations _ 2. Consultants,architects, engineers, $500,000 Professional Liability Landscape design specialist, other with proof that aggregate is still pt.o tion fessional services available. 3. Workers' Compensa & _ Statutory I..,imits Alternate employer endorsement 1L'.mp12 ers' Liability $500,000 each accident ro uired 4. Comprehensive Automobile $500,000 Combined single limit Liability Insurance, including for bodily injury and property coverage for loading and unloading damage hazards,for a) Owned/Leased Vehicles b) Non-Owned Vehicles c Hired Vehicles A PURCHASE ORDER WILL, NOT BE ISSUED WIT'HO'UT EVIDENCE OF INSURANCE. 10 NON-('01..1,11SI N AFFID,N V11"' OF BIDDER State of—u County of mm 01L -1) 4 -_ verifies that: (Name) (1) fle/She is owner, partner, officer, representative, or agent of C" L�� °`. •` 7 " has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, c nspired or agreed, directly or indirectly with any other bidder, firm or perso to subrnit a collusive or sham bid in connection with attachee bid � d the price;or prices quoted herein are fair and proper. SIGNATURE PRINTED NAME; Subscribed and sworn��to before me this ----Day of )6?, `...-2018. ,N`�,v�� BEVERLY KATO n�„.... 3::yp� �o Notary Public, State of Texas n n °9};'"" +e` Comm, Expires 06-15-2020 F5ARY N PUBLIC in K,� for Gormty, Texas. – " _ My commission expires:~ ;_Q)2k) THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WJTII BID 11 BID C f^ R lllFICIATifO The Undersigned, in submitting this bid, represents and certifies: a. He/she is frilly informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: C.\Ct5<o I G ~l i�k P a sk( r ADDRESS: 3L(_C) vJ �=jr.,n`C4iwor- CITY, STATE & ZIP: " m ,'v i r1t'_,-T->( --IU CJ l TELEPHONE: ')FAX N� I EMAIL: SIGNATURE: PRINTED NAME: T 1 7 I DATE: 12 1"Q'yCFlPLiANh.E WITH HOUSE BILL 1295 In 2015, the Texas Legislature adopted blouse BiI1 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. 'I he law applies only to a contract of governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value ofat least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title. 4) Sign the printed copy of the form (an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Inibrmation regarding how to use the filing application may be found at H[p ://�bww.e¢lfloa ,.state.tx.us/rvlp t.tinr.w/etR' inlir 66rm1295.htrm. 13 FOR DISADVANTAGED RilIifNIFi SS EN ("EAPRI ES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San ,facinto Blvd., Austin TX 78701-1416 1' O Box 13186, Austin, TX 78711-3186 (512) 463-5872 Iptt p://wrN-_w_wsnciaw.xttctxras/17rc7 oi<nroenl/poc> trl1F/hull c°tilic<rtion/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 hyl7://www.nctIva 01-gAeiflitucat.ion.III InI If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Gl 6�'� ,c Ti\,P_ a Ste4... Representative: Address: 40 ti. �G 11 via-' City, state, Zip: Telephone No. �I.7- L{r5 f- V4`�2 Eax No. 1j/A. Email address: 0161` CC�'if�_ ,wfl��er�I c 'Un IQ — INDICATE ALL THAT APPLY: --Minority-Owned Business Enterprise Women-Owned Business Enterprise _-_Disadvantaged 'Business Enterprise 14 Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North Richland Hit Is must file a completed conflict of interest questionnaire. The conflict of interest questionnaire must be tiled with the City Secretary of the City of'Noilh Richland Mills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland Hills an application, response to a request for proposal or bird, correspondence, or another writing related to a potential agreement with the City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C misdemeanor. The Conflict of Interest Questionnaire is included as part of this document and call be found at: flatdp ://wwroa a h8auc i. 4ttte kx.ees/4a venus!(:14 gsrGf 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM IM For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.S. 23, 94th Leg., Regular Session. OFFICEUSEONLY This questionnaire Is being filed in aerxrrdance with Chapter 176,Local Government Cc cle,byre vendor who has a business relationship as defined by Section 176.001(1-a) with a foetal gevernmental entity and the Dots Received vendroi meets require,nants under Section 176,006(a). By law this questionnaira must be tiled with the records administrator of[he locar gevrernmantal entry not later than lire 7th business day after the date the vendor bes:omes aware of facts that require the statement to be filed. See Section 176 000(a-1), Loral Government Code. A vendor commits an off ass If the vendor Imomigly violates Section 170.000. Local Government Code.Air offence under this section is a misdemeanor. !J Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check ibis boxif you arefiGny an uixlate foaprevfously filed guestionnaire.(The law requires that you 111c Etc updated no "oted questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the erighraily filed queatbrmalre was incomplete or Inaccurate.) s Nameof local government officerabout whomthe information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member oP the officer,as described by Section 176.003(a)(2)(A), Also describe any family relationship with the local yovernmenl ofticer. CompletesubpartsAand B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer of a family member of the officer receiving or likely to receive taxable Income, other than Investment income, from the ve9t oci'? S' Yes � No E. Is the vendor receiving or likely to receive taxable Income,other than investment income,from or at the direction of the local government officer or a family Irtember of the officer AND the taxable Income Is not received from the local governmental entity? Yes �N 9 Describe each employment or business relationship that the vendor named in Section t maintains with a carpel often or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. u C heck this box if the vendor has given the local government officer or a family member of the officer are or more gifts as described in.Section 176.003(a)(2)(2), excluding gifts described in Section 176003(a-1)_ 7 Signature of vendor dairy buslnese with the governrrientN entity Uete Farm provided by Texas Ethics Conunlsslan www.eth'ivs State 1K us Revised 11i3W2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copyof Chapter176otthe Local Government Code may befoUnd at http://www.statutLs-.legis.state.tx.us/ - UocslLG 1h1mn L.G.176.htm. For easy reference,below are same of the sections cited on this form. Local Government Code$176.00.jL-a);"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on (A) a transaction that is subject io rate of fee regulation by a federal,state,or local governmental entity or an agency old federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goodsor services from a person that is chartered by a state or federal agency and that is subject to regular examination by and reporting to,that agency. Local Government Cpde§.176.003a 2 AZ and B; (a) A local Government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) thevendor- (A) has an omploymentorother business relationship with the local govonrrnentofficer or family rnerriber of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the f 2-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor,has been executed; or (1i) the local governmental entity is considering entering into a.contract with the vendor, (B) has given to the local government officer-or a family member oft] e officer one or more gifts that have an aggre,gaie value of more than$100 in the 12-month period preceding the date the officer becomes aware that (1) a contract between the local governmental entity and vendor has been executed:or ii) the local governrnentat entity Is considering entering into acontract with the vendor. Local Go_v_errrrnent-Code 176_006 a and a-11 (a) A vendor shall file a cornpleted conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora farnily member of the officer,described by Section 176.003(a)(2)(A); (2) hasgiven a local government officer of that local governmental entity,or a family momberof the officer,one or more giftswith the aggregatevalue specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-i);or (3) has a family relationship with a local government officer of that local governmental entity. (a;1) lire completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business clay after the later of: (1) the date that the vandor. (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (d) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, cr another writing related to a potential contract with the local governmental entity or (2) the date the vendor becomes;aware: (A) of an employment or other business relationship with a local government officer or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or O of a family relationship with a local government officer. Farm provided by 1-rrxsrs 6thius Cumruz..sinn wWw ethic,stata.tx us Revised 11/30/201 17 GENERAL SCOPE OF WORK: 1. It is the intent of the City ofNorth Richland Hills that the project will begin Monday December 10, 2018 and be complete by Friday January 4,2019. 2. The contractor shall remove all plaster down to the Substrate/gunite surfaces. He will then examine and identify any underlying damage to the substrate. After approval of change order to repair the substrate, the contractor is to make repairs. The application of the bond coat and the plaster application will be a part of the base bid and not the approved change order. 3. All activity must occur Monday through Friday between the hours of 7:00 AM through 5:00 PM. Saturdays shall be at the discretion of contractor with prior approval with the NRH Centre Manager. Sunday work is prohibited. ADDRESS: NRH CENTRE 6000 Hawk Avenue North Richland Hills, TX 76180 NRFI RESPONSIBILITIES AND ACTIVITIES: 1. The City is tax exempt. Tax-exempt certificates are available upon request. 2. NRH Centre staff will remove railings and landing pad in plaster areas. 3. NRH Centre staff will drain pool and remove plugs to assist relieving hydro-pressure. 4. NRH Centre staff is to replace railings and landing pad as approval by the Contractor. 5. NRl I Centre staff is responsible for brushing the new plaster and monitoring PH according to the contractor's directions. NOTE: THE THE; CONTRACTOR SHALL COMMUNICATE THROUGH PUBLIC PURCHASE PRIOR TO THE LAST DAY OF QUES'T'IONS ANY PROCESS VARYING FROM THESE SPECIFICATIONS. 18 THIS INFORMATION IS TO BECOME., AVAILABLE; TO ALL BIDDING CON'TRACTOR'S FOR THEIR CONSIDERATION OF PRICE AS AN ALTERNATE BID PROPOSED BY NRH STAFF. PLASTER REMOVAL/CONTRACTOR'S RESPONSIBILITIES: 1. The contractor is responsible for providing and installing air filtering systems to reduce the dust contamination venting through the exterior exit doors. The contractor is to seal entrances to the natatorium to prevent contaminates from entering other areas ofthe Centre. 2. The contractor is to tuns off power to the HVAC systems, seal any supply and return vents. The contractor is responsible for maintenance of the air filtering system during the entire length of construction. 3. The contractor is responsible for removing all water features and fixtures. 4. Upon completion of pool draining, the contractor will walk the pool surface areas with the NRH Centre Manager or designated staff member for initial identification of anchors, which have corrosion, evidence of rebar bleeding, tile damage and any particular concerns, to address during the resurfacing project. 5. Ensure protective measures are in place for adjacent tile surfaces or other surfaces that could suffer damage from plaster removal procedures. 6. Double saw cut plaster at all the lines, light fixtures, returns, lane line anchors, main drains, water feature anchors,jets, and spray nozzles. 7. Remove plaster from substrate surfaces utilizing chisel,jackhammer, high pressure hydro blasting or other approved procedures. The City is not responsible for tiles damaged during the plaster removal process. 8. Pressure wash or acid wash substrate surfaces to remove any contaminate which would affect bonding material applications. Contractor is to follow all manufacturer's instructions. SURFACE PREPARATION AND PLASTER APPLICATION/CONTRACTOR'S RESPONSIBILITIES: 19 1. Walk the pool surface areas again with the NRII Centre Manager or designated staff member identifying substrate cracks or other damage not identified prior to plaster removal. 2. Replace damaged items including tiles; repair damaged substrate and other surface areas after approval through change order. Prepare and repair all cracks and rebar rust bleeding according to established standards and procedures. Replacement tiles damaged by the plaster removal process are at the contractor's expense. 3. Prior to substrate repair, the contractor shall remove the mat and anchors under the children's slide and make necessary repairs. 4. Apply bond coating according to manufacturer's recommendations and procedures. 5. Re-grout all tiles as needed with the appropriate and approved product matching in grade and consistency to the existing grout, or better. 6. Apply plaster according to the manufacturer's guideline and procedures. 7. Acid wash the finished surface to exposed true product finish and remove process film according to manufacturer's guidelines. 8. The contractor will supply and install 21 new return jets in the pool. The contractor shall angle returns appropriately for cure-phase maintenance. Additionally, NRII Centre staff will supply 10 Lawson Aquatic (Neptune Benson) main drain frames and grates for the pools for the contractor to install. a. (5) 18"x 36" (rated at 1,600 GPM) b. (4) 96" x 54" (rated at 3,120 GPM) c. (1) 12"x 12" (rated at 365 GPM) 9. The contractor is responsible for replacement of all water features and fixtures not addressed above. 10. Coordinate the re-filling of the pool with the NRII Centre Manager or designated staff member to insure properly balancing of the water and care for new plaster for a minimum of 14 days in accordance with guidelines set forth by the National Plasterers' Council "Swimming Pool Start-Up Procedures" document. 20 PLASTER PRODUCT: Quartzscapes Mariner Blue 2 Bag Formula Collection: Reflections CONTRACTOR'S DUTIES: 1. Secure and pay for as necessary for proper execution and condition of work: a. Permits - Building Permit fees are not necessary. A Building Inspector will be involved to oversee the plaster project. No formal permit will be required unless there will be major construction required to the substrate after examination with contractor, NRH Center staff and the Building Inspector. b. Contractor Registration — Contractor and all sub-contractors must register with the City of North Richland Hills to perform work.Registration Fees will be$94 amorally. C. Contact Planning & Development (4301 City Point Dr.) 817.427.6330 for Permits and Contractor Registration. 2. Comply with all codes, ordinances, rules, regulations, guidelines, orders and other legal requirements, which bear on performance of work. Included but not limited to: a. Government regulations of City, County, State and Federal b. Texas Department of State Health Services C. OSHA d. National Plasterers' Council e. All Product Manufacturers 3. The Contractor shall make a thorough inspection of the job site during the mandatory pre bid conference on Tuesday September 18 at 10:00 A.M. A thorough examination of these specifications should inform the contractor of the nature of the work, labor conditions or any other matters that may affect the cost and time completion ofthe work. Submittal of bid will be evidence that such an inspections occurred and the various details noted. 4. Upon award of the Contract, the Contractor shall coordinate with the NRH Centre Manager or designated staff member the proposed timeline and schedule for the project. 5. The Contractor shall provide a roll-off for the materials removed, or will dispose of the materials away from the City property as removed. NOTE: Any roll-off or dumpster utilized at the job-site must be through: 21 Republic Services. Contact#817.317.2000 6. Contractor shall provide all equipment, labor and materials necessary to perform the required services.Ni equipment, personnel or materials will be provided by the City to the contractor,except as noted. 7. Contractor shall be responsible for the turnkey project as outlined in these specifications and general conditions. &. Any person employed by the Contractor or Subcontractor who, in the opinion of the NRH Centre Manager or designated staff member,does not perform his work in a skillful or professional manner, shall be immediately and permanently removed from the job site. 9. Once the work has begun, the Contractor agrees to provide an English-speaking superintendent, capable crew, and all materials and equipment necessary for continuous production. Contractor shall be responsible for any costs or damages, including inspection fees, incurred by the Owner through the Conti-actor's failure to fully man, or equip the job. 10. Contractors use of the premise: a. Confine operations at the site to areas permitted by the contract documents, the NRI J Centre Manager or designated staff member. b. Assume full responsibility for protection and safekeeping of products stored on premises. C. Enter and exit the property only as approved by the NRI I Centre Manager or designated staff merrrber. CLEANING: Upon completion of work, leave the premises neat and clean, to the satisfaction of NRH Centre Manager or designated staff member. 1. Upon completion of all the required project items, the contractor will be responsible for complete removal of the air filtering system and restoring power to the 1IVAC system. 2. The following items must be cleaned prior to opening the f"acility on January 4, 2019: a) The rock wall and all plants b) The slide runout 22 c) The slide staircase d) Lights (wall sconces and ceiling) c) Windows and ledges f) Vents and ducting CONSTRUCTION SCHEDULE: All work is to begin on December 10, 2018 and all work is to conclude prior to January 4, 2019. WARRANTIES / CLOSE-OUT DOCUMENTS: 1. Provide written Contractor's labor / workmanship warranty for a period of one (1) year after completion date. 2. Provide written Manufacturers' parts/materials guarantees for a period of five (5) years after completion date. 3. Provide manufacturers' contact information of all materials used. 'this should include contact information, product name/code, color, and materials data sheets. 4. Provide written maintenance and care procedures for NRH Centre Staff. 5. Provide a written annual maintenance contract including the description of services provided in the contract and the annual cost. (for Staff Review/ Approval) DOCUMENTS INCLUDED WITH BID SHEET: 1. All documents called out in general conditions and technical specifications. 2. References: Contact list of at least five (5) comparable projects, preferable in the State of"texas; including full entity name, physical address,contact person's name and position, phone number and email address. 3. Materials/Safety Data Sheets of all products/materials Contractor proposes to utilize during course ol'project. 4. Manufacturers' Data/ Cut-Sheets for all proposed product to be included in this project. 23 BID MIMI- RFB 19-004 NRH CTN'TRIK INDOOR AOLJA FIC POOL REPLASTE'R FJz0Jf1C'T Date:-Ac'"— <i Bidder: (---,,G1. City ot'North Richland Hills 4301 City Point Drive North Richland Hills, Texas, 76180 The undersigned, understands that his Bid Form is a formal, Competitive Bid and that the basis for selection ofthe Contractor is the best value to the City as per General Conditions, 5. Bid Evaluation. In addition, having examined the Bid Documents, comprising the General Conditions, Bid Requirements and Specifications, being sufficiently fiarniliar with the site ofthe proposed Work, and being familiar with the conditions of this Contract, hereby proposes to furnish all labor, materials, equipment and services, in accordance with all Contract Documents, necessary to complete the project: NRII CENTRE INDOOR AQUATIC POOL REPLASTER PROJECT 19-004 DATE OF' SUBS TANTIAL COMPLETION WEDNESDAY JANUARY 2 201 The City of North Richland hills invites bids for famishing and supplying all supervision, materials, equipment, and installation necessary to complete the NRI-I Centre Indoor Aquatic Pool Replaster Project per the General Conditions and Technical Specifications. The undersigned agrees to complete the above referenced Project for the base Bid amount of: TOTAL BASE BID: -8S 'Dollars UNIT PRICING FOR ADD ON ITEMS IF NECESSARY. TF1 ESE PRIC17S REFLECT CHANGE ORDER PRICING FOR THE" ITEMS LISTED BELOW: Inspect and replace as required existing LED light fixtures (EA) L Tile re-grout if required (excludes contractor damage) (SF) $ Replacement of Corroded Anchors (EA) $ 24 NOTE: Bid arnounts shall be shown in words and numbers. In case of ambiguity or conflict, the amount shown in words shall prevail. A. ALLOWANCES: NONE required for this project. B. ADDENDA: Bidder acknowledges receipt of Addenda as follows: No._ Date No.-- Date__-_— - - No. _ _ Date C. PROJECT COMPLETION: The above specified project shall be Substantially Complete January 2, 2019. The undersigned Bidder agrees to pay liquidated damages in the amount of $800 per day to Owner for each calendar day of delay until work is substantially completed. This sum is not to be construed in any sense -as apenalty. Ock 0 i c-, 1 -4- cam.$- atjz "c Firm Name' Signature of Officer—Title g 4 *Seal Street Address (If Bidder is a Corporation) City State Zip Phone Email 25 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. Classic Tile and Plaster 2018-412512 Grapevine, TX.United States Date Filed: 2 Name Of governmental entity or state agency that is a party to the contract for which the form is 10/09/2018 being filed. Cith of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFB 1.9-004 NRH CENTRE POOL PLASTER REFURBISH 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary CITY OF NORTH RICHLAND HILLS NORTH RICHLAND HILLS, TX X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is 1'L and my date of birth is M y address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. ��yr Executed in q c ,f e.m County, State of___ on the�"_d of R'.�'4;"'B'• ,26_I4:Aa_ (month) (year) Signature of authorized agent of con carting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 A� CERTIFICATE OF LIABILITY INSURANCE °AT10/8/2 188 10/8/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO ACT Box Insurance Agency NAME' Certificates Administrator 1200 S. Main Street, Ste. 1600 PHONE TAJC,N1_Extp 817-865 1806 FAX Nol 817-424-1404 Grapevine TX 76051 EMAIL — ADDRESS Certificates@0 boxinsurance.com INSURER(S)AFFORDING COVERAGE _ NAIC N 43389 ca INSURERA.Service Lloyds Insurance Co. _ - INSURED ns-rl - Classic Tile& Plaster, Inc., wsuRERB Depositors Insurance Co. 42587 Classic Real Estate Partners GP, LLC INSURERC Allied Property_&Casualtr)_Ins... Tejas Cement Co. LTD., Inc. INSURER D: 340 W. Northwest Hwy wsuRERE: Grapevine TX 76051 -- INSURER F COVERAGES CERTIFICATE NUMBER: 1291455627 REVISION NUMBER: THIS IS TO CERTIFY THAT/'FIE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - AD�L SIIBRI --- - "--- POLICY EfF �POI.ICY EXP '- LTft TYPE OF INSURANCE yyyp POLICY NUMBER MMIDDIYYYY MMIDDenr LIMITS B GENERAL LIABILITY Y Y ACPGLD072B4389506 218/2018 2)8/2019 EM HOCC)RRENCB $1000000 X I COMMERCIAL GENERAL LAGIN rY �OTiMAGE`I,5 RENYED "' - - PREMISE6(Edoccurrence)_ $100000 _ j CLAIMS-MADE X OCCUR M ED ;CI, one person)_ 1 $5000 JPERSONAL,&ADV INJURY ($1000000 -- -- - GENERAL A_(C'REGArE _. 1$2000000 - GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOPAOG' $1000 DOG POLICY X PRO- LOG C AUTOMOBILE LIABILITY Y Y ACPBAPC7L84389608 21812018 2/8/'2019 CGMBINED SINGLE LIMIT (Ee 2Cr,Prgnt _„_ $1,000,000 X ANYAUTO BODILY INJURY(Per Per son) $ ALL OWNED SCHEDULED _ FlLITDS AUTOS BODIlY INJURY(Per accrtlont)I$ ANONOOWNEO PROPER fV DAMAGL $ HIRED AUTOS {Per scc tlent7 f I $ B X UMBRELLA UAB X Y Y ACPCAD%284389508 2/82018 2/8!"1019 OCCUR EACH OCCURRENCE $2000000 EXCESS MAE I_Ct AIMS MADE, AGGREGATE -- $2 000 000---- LTED X RETENTION$lA I Temr $Foll ows Fens r A l WORKERS COMPENSATION Y W000298502018A 21812018 2/812019 X WCSTATU OTH- AND EMPLOYERS'LIABILITY YIN TORY t IMC15 I_EB.- _ AJYPROPRIETORIFARTNEWEXECULIIVE 1 ,L EACH ACCIDENT Iii OOU 900 OFFICE"R/MEMBER EXCLUDED' N)A .- - - -- _ Mandatory in NH) E . DISEASE EA FMF'LOVFBI$1 OOU 000 F( DISE f yss,describe untlrx i - _ DESCRIPTION OE OPERATIONS below 1 ASE FOLICV LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES(AIrt ACORD 101,Additional Remarks Schetlule,if more space is requiretl) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of North Richland Hills ACCORDANCE WITH THE POLICY PROVISIONS. 6000 Hawk Avenue North Richland Hills Tx 76092 AUTHORIZED REPRESENTATIVE USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD vilw Classic Tile & Plaster,, Inc. COMMERICAL REFERRAL., LIST CITY OF DENTON DENTON REPLASTER THOMAS KLIMKO 940-349-8805 SKY RANCH SAM HAS"!, 903-266-3332 VAN TX REPLASTER THOMAS FINLAY DALLAS REPLASTER 214-221-7170 CITY OF GRAPEVINE CANDACE LOCKE GRAPEVINE REPLASTER 817-354-1410 CAMP HOBLITLEI,LE MIDLOTHIAN TILE,AND PLASTER 214-723-2387 CAMP SWEENEY GAINSVILLE TILE,COPING PEBBLE TEC BILLIE HOOD 940-665-2011 CAMP JOHN MARC MERIDIAN TILE AND PEBBLE TEC 254-981-6566 CITY OF ADDISON TCCC RIVER 340 WEST NORTHWEST HIGHWAY GRAPEVINE, TEXAS 76051 m PHONE 817-481-4527 ® FAX 817-488-5677 MRH CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 22, 2018 Subject: Approve a change order to the contract (AIA Document A133 Guaranteed Maximum Price Amendment) with Dean Electric, Inc. DBA Dean Construction for the Northfield Park Renovation Project (PK1603) for $54,269.35. Presenter: Joe Pack, Sr. Park Planner Summary: Council approved a Guaranteed Maximum Price Amendment to Dean Electric, Inc. DBA Dean Construction for the Northfield Park Renovation Project (PK1603) on October 23, 2017 for $5,613,523. Staff is seeking Council approval of a change order for $54,269.35. General Description: The City Council approved a Guaranteed Maximum Price Amendment to Dean Electric, Inc. DBA Dean Construction for the Northfield Park Renovation Project (PK1603) on October 23, 2017 for $5,613,523. The change order amount of $54,629.35 represents less than 1% of the original construction cost, and is the only change order for the project. This change order does not include any work defined in the Guaranteed Maximum Price. Some of the changes to the contract include an adjustment to the method of tapping into the city water main due to unforeseen underground conditions, electrical changes by Oncor to mount three transformers due to the condition of an existing transformer and the addition of a concrete flume for more efficient flow of nuisance water at the storm drain outflow. The total amount of the change order is $54,269.35. Funds are available in the approved CIP budget for PK1603, Northfield Park Renovation. Recommendation: Approve a change order to the contract (AIA Document A133 Guaranteed Maximum Price Amendment) with Dean Electric, Inc. DBA Dean Construction for the Northfield Park renovation Project (PK1603) for $54,269.35 T I Document 6701 TM - 2017 Change Order PROJECT:(name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Northfield Park Contract For:Park Construction Change Order Number: 001 7804 Davis Blvd Date: 10/13/2017 Date: 10/5/2018 OWNER:(name and address) ARCHITECT:(nave and address) CONTRACTOR:(name and address) City of North Iichland Hills Dunkin Sims Stoffel.s,Inc. Dean Electric,[nc.dba Dean C 4301 City Point Drive 622 W State Street 701 ]fall Street North Richland Hills,TX 76180 Garland,TX 75040 Cellar Idill,T'X 75104 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, ij'appGecible, attach or reference specfc exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives.) Please see Attachment A. The original Guaranteed Maximum Price was $ 5,613,523.00 The net change by previously authorized Change Orders $ _........_........................._._0.00 The Guaranteed Maximum Price prior to this Change Order was $ 5,613,523.00 The Gutuanteed Maximum Price will be increased by this Change Order in the amount of $ 54,269,35 The new Guaranteed Maximum Price , including this Change Older, will be $ 5,667,79235 The Contract Time will be increased by forty five ( 45 )days, The new date of Substantial Completion will be October 30th,2018 NOTE: Yhis Change Order does not include adjustments to the Contract Stan at-Guaranteed Maxinnrm Prue, or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is avecuted to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Dunkin Sims Stoffels,Inc. Dean Electric,Inc. dba Dean Constr City of North Richland fl'ills ARCHITE (t ine to re CONTRACTOR(Firm nave) OWNER(t nm name) ........._.... _..._ __. SIGNATURE / SIGNATUR SIGNATURE Gregory-Firebaugh-President ___ PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE __r1DA E /// DATE DATE AIA Document G70Vm—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.WARNING This MAO Doc canard N prolecled by U.3,Copyright Law and IniernatlonaI !treaties,Unauthor9amd reproduction or cUstibution of this AIAe Docuumers,or any porhon of i t,may result do severe civil and a min aI ponaffdes,and will be prosoauted t o t he maxdmamt extent possible under the law.This document was created on 10/05/2018 09:27:34 under the terms of AIA Documents-on-Demand*'"Order No. 2010080906 ,and is not for resale.This document Is licensed by The American Institute of Architects for ono-tune use only,and may not be reproduced prior to Its completion. o M. n m (D m a M 0 — 0 0 , � 0 @ m @ 0 o w a S a < M = 0 0 0 0 0 0 0 ID M a 0 w n n m a, w M 0 u a 0 (D a (D (D L = :E w cD n uu000 * w m @ (D CL (D (D (D 0 z uj -n n 0 0 ID L m 'S 3 z D F (D M " M B U) w (DLa• O = M �430WKM5, 0 x w a.W 3 E m o CD o M < CD CL 0 m m w m 0 0 w U) M 0 ct) M n 0 0 o w 0 0 0 ZK u > 00 0 0 0 mn 0. m 3 o m m z Z (D Z z m m 0 m K: K: Km w w OW a 0 W W 0 0 C C: 005 50 55 EFO000555W 0 0 0 o 0 ° ° 0 0 0 0 0 = �FD' Cl M M 5n P O 01 2 2 2 0 0 zl PP, P, 0 IV OO 0) � � m mco � Mmmo � mOo 11 p p p p p p P, p p PO p :A p p 5 w O O O 0 0 0 0 0 O 0 0 C) :7 " 0 -0 U) U) -0 -u -0 c c: C: 0 0 = . m c c - - — & 9 E E E oom 3 3w w 333Ea --� 3 m , m, E5.I 6'— 0 U = LTLT0M M 0 0 7 o 1),1,11 LIC ATE', 0 R I GI"~nr ,IAA N- Document A133 TM - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Northfield Park This document has important legal consequences.Consultation with 7804 Davis Blvd an attorney is encouraged with respect to its completion or modification. AIA Document A201 T1d-2007, THE OWNER: General Conditions of the (Nmne, legal status and address) Contract for Construction, is City of North Richland Ifills adopted in this document by 4301 City Point Drive reference.Do not use with other general conditions unless this North Richland Hills,TX 76180 document is modified. THE CONSTRUCTION MANAGER: (Name, legal status and address) Dean Electric,Inc, dba Dean Construction 701 Hall Street Cedar Hill,TX 75104 ARTICLE A.1 §A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement,the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price.As agreed by the Owner and Construction Manager,the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed.'rhe Contract Sum consists of the Construction Manager's Pee plus the Cost of the Work,as that terra is defined in Article 6 of this Agreement. §A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Five million,six hundred thirteen thousand, Five hundred twenty three dollars ($5,613,523,00 ),subject to additions and deductions by Change Order as provided in the Contract Documents. §A.1.1.2 Itemized Statement of the Guaranteed Maximum Price,Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories,allowances,contingencies,alternates,the Construction Manager's Fee,and other items that comprise the Guaranteed Maximum Price. (Provide helot,or reJirrence air attaeln ient.) See Attachment"A" AIA Document A1331"—2009 formerly A121 TeCMC 20031.CopyrlghtO 1991,2003 and 2009 by The American Institute of Architects.All rights Init. j an lips reserved.,i"Doc Document,or nyuaddonnof 4,rraav rem'"in OV0orand omlaraallal leinnlfies non.01 be �.ro'naxnecnuaraduto 11m nnmaurnnrvri ar ilafur`s%lbi 1 WWA ro ofl I'.lufim�AtPA y rvrz Y p q oe esIXmoakµtie>n�rolN,aVw t oildea lbn Im,This document was created on 09/27/20713,4253 under the terms of AIA Documents on Domand"Order No. 2009740816, and is not for resale.This document is rimmed by TheAmencan Institute of Arch@ecls for ono-time use only,and may riot be reproduced prior to Ns completion. §A.1.1.3 lbe Guaranteed Maximum Price is based oil the following alternates,if any,which are described in the Contract Documents and are hereby accepted hy the Owner: (ko/o/hu/x/v/hc/sorv/hrr/Jv//hfisoti.n qyxocq,^e/n0vn/vxs. /y the Contract 0hr/m/cn*y«/n///the Owner/oaccept other alternates subsequent m the execution q//hh Amendment,vwchou6m6de qt's'ch other ohernatev shvnvin�,the on,v/n'//or each and the(late when the amount xq^he,j N/A §AJ1/4 Allowances included fit the Guaranteed Maximum f/i*e, ifany: &6nuy�uDono/onxxd state usx///»/o/u.ifo/q\frnn/the x0owm/cop/i,nj kom Pdov No Allowances AA.1.5 Assumptions,if any,oil which the Guaranteed Maximum I'vice is based: Attachment "B" §A.1.1.6 Tbe Gove-anteedMaxitnurn Price is based upon(lie following Supplementary and otherConditions of the Contract: Document Title Date Pvo*m §A.1.1.7'Fhe Guaranteed Maximum Price is based upon the following Specifications: (L'ith«r fist 0ieS�Secijit»/io/o here,u/ refer m art cv0/6//attached/othis Ag/vm/'m//) See Attachment"C" Sm%|nn T|dw Date Pages oo. ~`ow`~^~^^1~ ~ �~^—'``~1wom` mw Copyright 0 1991,2003 and 2009 by The American institute of Architects.All rights / o"ommwmw This document was created vo 09/2712017 1142 5 .ov° ommn^ wm^u^cvmo"m.ovomw«om*no. 2009740816, and u not for resale.This muvma^/^licensed oynm^~euo Institute m^^diomwom".mome use only and may not*,reproduced prior m its completion. §A]].8T lie Guaranteed Muomum Price is based upon (lie following DmnioDo: 8'i,her list the Drawings here, o,neftr*air exhibit attached/o this AJ/rm//o/t./ See Attachment"0" Number Title Vmtn �A.ij.87hw Guaranteed Muximvm Price is based upon the following other documents and information: (List any other Jop/o/u//mor//r/rnxvr/o/.here, nr/c6r/o air m6/bit attached/*this Ag/von/v///j Addendum#1 Addendum#2 Addendum#3 ARTICLE A.2 §X21Tbo anticipated date of Substantial Completion established by this Amendment: September l5,10lx APPROVED AS TO FORM AND LEGALITY- IV Maleshla B. McGinnis, City Aftorney - � � � �J " "" , �Aum:UA�d�n ° ^ ` vx//�v� ATTESM UateAppraved Agenda No r- (]/d / Res Nn~ ^._.._�_�_,_ ,~ Alicia Richardson,City 'tollsiry , /7 Pi (111-intent mm/emnul tifle) (J'rin/ecl name and title) wmmm m�m-200' m�,wom mm reserved,WARNING TM&|w|x ~~``� x^'~` ` Copyright / ome,m°w* This document was created m. 09/27/2017 13:42:53 mm^ m^mn^ momu^^"m"wwwo^m^ovm*,°* zoovrvwm� and is riot for resale.This document is licensed byTheAmerican Institute of Architects forona-Ume use onty,and may not be reproduced prorto its completion Northfield Park Attachment A Bid Item Temporary fence $13,305.70 Erosion control $17,971.25 Demo/earthwork $260,000.00 Utilities $328,302.00 Firelane and parking $445,000.00 striping and signage $8,800.00 site concrete $741,750.00 restroom bldg. $625,500.00 large pavilion $254,350,00 small pavilions $60,850.00 dugoutshade $27,120.00 fence/foul poles $150,000.00 irrigation $320,712.00 fine grade $40,000.00 Landscape $8,900.00 turf establishment $60,000.00 Site electric $983,176.00 playground $420,000.00 sand volleyball $13,900.00 tennis courts $141,932.00 basketball court $69,020.00 handrail/guardrail $35,000.00 site amenities $76,000.00 site signage $9,000.00 site masonry $30,000.00 subtotal $5,140,588.95 GC/Fees $472,934.05 Total GMP $5,613,523.00 Northfield Park Attachment B Assumptions to the contract Select fill removed at tennis courts and basketball court Milled asphalt to be used on site RCP pipe to be changed to ADS pipe on storm drainage Junction box on line SD-2 to be deleted delete lime stabilization delete ramps,handrail and all but 60'of guardrail east of restroom building Building foundation to have 4'of moisture conditioning instead of 12' Building to have no select fill Trees furnished, installed and warranteed by the city Reduce sod area and replace with hydromulch Light pole piers to be redesigned to standard MUSCO piers Guardrail/ornamental fence to be Ameristar instead of build on site Site masonry to include columns at large pavilion only Testing by the city Power company charges by the city No contingency included in total GMP A k tC'S1TY ent T" Specifications for Northfield Park City of North Richland Hills, Texas 'TABLE OF CONTENTS DIVISION_0 BIDDING AND CONTRAG,T-Rt G UIRGMCNT,S 00020 Advertisement for Bids 4a 00100 - Construction Manager's Instructions to Bidders 00110 General Conditions for Bidders 00112 City of North Richland I#ills Project Conditions 00300 Proposal (laid)Form 00400 Contract Forms, Bonds and Certificates 00600 Supplementary General Conditions � p y DIVISION„1, GENERAL REQUIREMENTS 01020 Allowances 01045 Cutting and Patching 09/15/17 01077 Reference Standards 01150 Measurement and Payment � CSOSGq�w' ( 01200 Project Meetings 01 2100 - Allowances(Architectural) ,x''v „K P. St 01 2200 Unit Prices(Architectural) 01310 ” Construction Schedules 01340 Shop Drawings, Product Data and Samples 01370 Schedule of Values 014000 Quality Requnernents(Architectural) x 1026 ,r 01410 Testing Laboratory Services t) �) .00 a a J 01500 Temporary OF Controls 01532 Project ndPlan IP otecton lJ i gc 016000 Product Requirements(Architectural) t P 01630 Substitutions 01 6400 - Owner Furnisher) Contractor Installed Products(OFCI)(Arohitealurah 01700 Projects Closeout 01710 Cleaning Up 01720 - Project Record Documents 01730 - Trench Safety 01 7330 Cutting and Patching(Architectural) 01740 Operation and Maintenance Data 01750 Storm Water Pollution Prevention Plan 01 7900 Demonstration and Training(Architectural) DIVISION 2-- SITE WORK 02100 Site Preparation 02201 Earthwork -Site 02211 Pine Cradling 02226 Excavating, BnckfiVling, and Compacting for Paving 02835 Galvanized Chain Link Fencing 02840 Vinyl Coated Chain Link Fencing 02930 Turf Establishment 02950 Landscape Planting 024120 - Selective Demolition(Architectural) 031000 Concrete Forming(Architectural) 03101 Concrete Form Work Site) ` t' ( )a 032000 Concrete Reinforcing (Architectural) r. 03201 Concrete Reinforcement(Site) 033000 Cast-in-Place Concrete(Architectural) 03301 Cast-In-Place Concrete(Site) 03351 Concrete Finishing and Curing(Site) r DIVISION 4-- MASONRY 044200 - Unit Masonry(Architectural) 044250 Stone Cladding (Architectural) 044300 Glass Unit Masonry(Arahlfectur'al) 04 7200 Cast Stone Masonry(Architectural) 09115!'1'1 DIVISION 5-- METALS 051200 Structural Steel Framing (Architectural) 054000 Cold-formed Metal Framing (Architectural) s 065000 - Metal Fabrications(Architectural') r V' S�07fi c�So L?IyL )Q -w._ 3xiSIL. STICS AND.(DMr'C) IfCmm /+ hr Rough - Carpentry ) 5 Sheathing 06 173 Shop Fabr caedWoodTr Trusses(Architectural) 0 j� OG° � n' DIVISION 7 --.THERMAL AND MOISTURE PROTECTION 07 1110 Dampproofing(Architectural) 071313 Bituminous Sheet Waterproofing(Architectural) 071900 Water Repellents(Architectural) 072113 - Board Insulation(Architectural) 072115 - Batt Insulation(Architectural) 072600 Vapor Barriers and Retarders—Below Slab(Architectural) 072726 Fluid-Applied Air and Water.Resistant Barrier System (Architectural) 072800 Weather Barrier(Architectural) 074113 Metal Roof and Soffit Panels(Architectural) 076200 Sheet Metal Flashing and Inrn (Architectural) 077200 Roof Accessories(Architectural) 078443 Joint Firestopping(Architectural) 079200 Joint Sealers(Architectural) 079500 - Expansion Control(A(chitectural) DIVISION 8—OPENINGS 08 11 13 Hollow Metal Doors and Frames (Architectural) 083100 Access Doors and Panels(Architectural) 083323 Overhead Coiling Doors(Architectural) 083350 Coiling Counter Doors(Architectural) 085619 Pass-Thru Windows(Architectural) 087100 Door Hardware (Architectural) 088000 Glazing(Architectural) 089100 Louvers and Vents(Architectural) 092900 Gypsum Board Assemblies(Architectural) 095100 Acoustical Ceilings(Architectural) 099100 Painting(Architectural) t.i DIVISION 10w--SPECIALTIES i= '10 1123 Bulletin Boards(Architectural) 10 1400 Identifying Devices(Architectural) 102813 Toilet ACCeS56n8S(Architectural) 104413 - Fire Extinguishers and Cabinets(A(chitectural) - 109900 Miscellaneous Specialties(Architectural) r DIVISION 11 EQUIPMENT 1131(70 - Appliances,(Architectural) 09/1511'7 DIVISION 12 through '15 - Not Used r ajf7gy,�fry�^1/,fk�, DIVISION 16— SITE ELECTRICAL _._.... V� 7Or 16010 General Requirements for Electrical Work k/ %'N r++ 16111 Raceways and Fittings r'r en Surface Raceways 16120 Wire e andCab �tDt. / 7�d ti 16130 Boxes r0 16141 Wiring Devices 16450 Elecr'tricalgI and Bonding on 1` �` 16461 - Transformers '16471 Panelboards 16465 Contactors 16491 Disconnect Switches 16503 Poles and Standards 16510 Site Lighting Fixtures DIVISION 17 through 21 —Not Used DIVISION 22--PLUMBING 220500 - Common Work Results for Plumbing (Architectural) 221000 Plumbing Piping and Valves(Architectural) 223000 - Plumbing Equipment(Architectural) D!V.1111.1d.1,:1 .. Igr:Al{N< vEN"I.ILA,,LING,,,,A,NL7,/ It „cC�NUIrIONINt;, rlv/d4.) 230500 - Common Work Result:; for I-IVAC(Architectural) 230534 - 'Through-penetration F'irestopping for Mechanical Systems(Architectural) 233100 - Ductwork and Casings(Architectural) 233300 - Air Duct Accessories(Archi(ectural) 233400 HVAC Fans(Architectural) 233700 Air Outlet and Inlets(Architectural) DIVISION 24 and 25-Not Used P Vl§&)N a L 260500 - Common Work Results for Electrical (Architectural) 260523 Cable, Wire, and Connections, 600 Volt and Less(Architectural) 260526 - Grounding(Archite.CtUral) 260533 Raceways, Conduits,and Boxes(Architectural) 260534 Through-penetration Firestopping for Electrical Systems(Architectural) 262416.12 Branch Circuit Panelboards(Architectural) 262726 Wiring Devir;es (Architectural) 2651 19 LED Lighting Fixtures(Architectural) DIVISION 27 through 30 Not Used *e 31 3116 Termite Control(Architectural) 31 3213 Chemical Soil Stabilization (Architectural) 31 6329 Drilled Concrete Piers(Architectural) DIVI ION_32- EXTER1O8.jMEF;LQV9MqN-Tq 32 '1 116 Chemical Treated SUbgrade (Architectural) 09/15/17 328000 Landscape Irrigation Systern DIVISION 33 through 49- Not Used S2.0 Y) END OF TABLE OF CONTENTS (it ?Zi SHEET INDEX: Attachment "Y' GN-1 GENERAL NOTES CD-7 CONSTRUCTION DETAILS ARHCHITECTURAL D$K-1 DEMOLITION SITE KEY CD-8 CONSTRUCTION DETAILS A001 TEXAS ACCESSIBILITY STANDARDS DP-1 DEMOLITION PLAN CD-9 CONSTRUCTION DETAILS ACO2 TEXAS ACCESSIBILITY STANDARDS DP4 DEMOLITION PLAN CD-10 CONSTRUCTION DETAILS A003 RNISHSCHEDULE,DOORSCHEDULE&DETAILS DP3 DEMOLIIION PLAN CD-11 CONSTRUCTION DETAILS A004 DOOR DETAILS AND COUNTER SECTIONS DP 4 DEMOLITION PLAN CO-12 CONSTRUCTION DETAILS A101 FLOOR PLAN SPA SITE PREPARATION PLAN CD-13 CONSTRUCTION DETAILS A102 ROOF PLAN SP-2 SITE PREPARATION PLAN A201 BUILDING ELEVATIONS SP-3 SITE PREPARATION PLAN IRRIGATION A301 ENLARGED PLAN AND TOILET ELEVATIONS SP-4 SITE PREPARATION PLAN I8-1 SITE IRRIGATION A401 REFLECTED CEILING PLAN SK-1 SITE KEY LAYOUT IS-2 SITE IRRIGATION A501 BUILDING SECTIONS&WALL SECTIONS SL-1 SITE LAYOUT PLAN IS-3 SITE IRRIGATION A602 WALT.SECTIONS SL-2 SITE LAYOUT PLAN ISd SITE IRRIGATION SL-3 SITE LAYOUT PLAN 18.5 IRRIGATION DETAILS STRUCTURAL SL-4 SITE LAYOUT PLAN 5001 GENERAL NOTE$DESIGN CRITERIA&SPECIFICATIONS SL-5 SITE LAYOUT PLAN SITE ELECTRICAL 8101 FOUNDATION PLAN,SECTIONS AND DETAILS SL•6 SITE LAYOUT PLAN E-D ELECTRICAL SYMBOL LEGEND $102 ROOF FRAMING PLAN,SECTIONS AND DETAILS SL-7 SITE LAYOUT PLAN E•1 SITE PLAN ELECTRICAL DEMO 5401 FOUNDATION SECTIONS AND DETAILS SL-8 SITE LAYOUT PLAN E-2 WEST PARTIAL SITE PLAN ELECTRICAL S402 FRAMING SECTIONS AND DETAILS MECHANICAL SL-9 SITE LAYOUT PLAN E-3 EAST PARTIAL SITE PLAN ELECTRICAL M100 MECHANICAL NOTES AND SYMBOLS SL-10 SITE LAYOUT PLAN E4 LARGE SCALE ELECTRICAL PLANS M101 FLOOR PLAN-HVAC SG-1 SITE GRADING PLAN E-5 POLE LOCATION DIMENSIONS M201 MECHANICAL DETAILS AND SCHEDULES SG-2 SITE GRADING PLAN E-6 ELECTRICAL RISER DIAGRAM SG-3 SITE GRADING PLAN E-7 ELECTRICAL DETAILS ELECTRICAL SG-4 SITE GRADING PLAN E101 FLOOR PLAN-POWER SG-5 SITE GRADING PLAN CIVIL E102 FLOOR PLAN•LIGHTING SG-6 SITE GRADING PLAN C-0 PROJECT NOTES 8201 ELECTRICAL DETAILS PLUMBING LP-1 LANDSCAPE PLAN CA SCHEMATIC UTILITY&DRAINAGE PLAN LP-2 LANDSCAPEPLAN C-2 DRAINAGE AREA MAP PLUMBING LP-3 LANDSCAPE PLAN C•3A DRAINAGE CALCULATIONS P001 PLUMBING NOTES AND SYMBOLS LP-4 LANDSCAPE PLAN C-3B DRAINAGE CALCULATIONS P101 FLOOR PLAN-PLUMBING LP-5 LANDSCAPE PLAN C-4 SD-1 PLAN&PROFILE P201 PLUMBING DETAILS CD-1 CONSTRUCTION DETAILS C-5 SO-1&LAT-1 PLAN AND PROFILE P301 PLUMBING SCHEDULES CD-2 CONSTRUCTION DETAILS GS SD-2&LAT-2 PLAN AND PROFILE CD-3 CONSTRUCTION DETAILS 0-7 UTILITY PLAN CD4 CONSTRUCTION DETAILS 0-5 68-1 PLAN AND PROFILE CD-5 CONSTRUCTION DETAILS C-9 PYRAMAT INSTALLATION DETAILS CD.6 CONSTRUCTION DETAILS C•10 CHANNEL SECTIONS 1"AAIA Document A133T'" - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Pius a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 2nd day of February in the year 2017 This document has important legal '..... (Iry ivorcG', indicate da), moo/l1 and year) consequences.Consultation with an attorney is encouraged with BETWEEN the Owner: respect to its completion or (Name, legal status and address) modification. City of North Richland Hills AIA Document A201 T'^-2007, 4301 City Point Dr General Conditions of the North Richland Hills, TX 76180 Contract for Construction,is adopted in this document by reference.Do not use with other and the Construction Manager: general conditions unless this (Nance, legal stains and adc'h'ess) document Is modified. Dean Electric Inc. dba Dean Construction 701 Hall St Cedar Hi]-1 , TX 75104 for the following Project: (Name and address or location) Northfield Park 7804 Davis Blvd North Richland Hills , TX 76182 The Architect (Name, legal status and address) Dunkin Sims Stoffels, Inc. 622 West State St Garland, TX 75040 The Owner's Designated Representative: (Name, address and other n formation) Mark Hindman, City Manager 817-427-662- 4301 City Point Drive North Richland Hills, TX 76180 The Construction Manager's Designated Representative: (Name, address and otker information) Gregory Firebaugh, President 214-212-6328 701 Hall Street Cedar Hill , TX 75104 The Architect's Designated Representative: /Name, address and oilier it forniation) Dennis Sims, RLA, ASLA 214-553-5778 622 'West State St Garland, TX 75040 The Owner and Construction Manager agree as follows. AIA Document At 33 2000 '----'right ___..._...._.._..._-. m_ `formerly At —2003).Copyright CO 1901,2W3 and 2000 by The American institute of Architects.All rights Init. reserved.WARNING This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or .� distribution of this AIA"Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum I extent possible under the law.purchasers are permitted m reproduce ten(10)copies of this document when completed To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. TABLE OF ARTICLES i 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES j 8 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT i ARTICLE 1 GENERAL PROVISIONS J §1.1 The Contract Documents 1 The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to the execution of this Agreement,other documents listed in this Agrecmenl,and Modifications issued after execution of this Agreement,all of which form tare Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents tire entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oraf if anything in the other Contract Documents,other than a Modification, is inconsistent with this Agreement,this Agreement shall govern. §1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust anti confidence established by Phis Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner;to hit Dish efficient Gansu fiction administration,management services and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Owner agrees to furnish or approve, in a timely manner,information required by the Construction Manager and to make payments tG the Construction Manager in accordance with the requirements of the Contract Documents. §1.3 General Conditions For the Preconstruction Phase,AIA Document A201T"1-2007,General Conditions of the Contract f'or Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase,the general conditions of tile contract shall be as set forth fit A201-2007,which document is incorporated herein by reference. The term"Contractor" as used in A201--2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 'file Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2.'file Construction Manager's Construction Phase responsibilities are set forth in Section 2.3.The Owner and Construction Manager may agree,in consultation with the Architect, for the Construction Phase to commence in to completion of AIA Decument A1331°—2009 formerly A121 TmCMc--2003),Copyright g 1991,2003 and 2000 by The American Institute of Architects.Ali rights , In1L reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 2 distribution of this AIA"Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mmI The American Institute of Architects'legal counsel,copyright@anu org. the Preconstrletion Phase,in which case,both phases will proceed concurrently.The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. §2.1 Preconstruction Phase - §2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other. §2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress,coordination,and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements,selection of materials,and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability;availability of materials and labor; time requirements for procurement,installation and construction; and factors rehired to construction cost including, but not limited to,costs of alternative designs or materials,preliminary budgets, life-cycle data,and possible cost reductions. §2,1.3 When Project requirements in Section 3.1.1 have been sufficiently identified,the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance.The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services.The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's'services,other Owner consultants'services,and the Owner's responsibilities and identify items that could affect the Project's timely completion.The updated Project schedule shall include the following: submission of tire Guaranteed Maximum Price proposal;components of the Work;times of commencement and completion required of each Subcontractor;ordering and delivery of products,including those that must be ordered well in advance of construction;and the occupancy requirements of the Owner. §2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement,or phased construction. Tire Construction Manager shall take into consideration cost reductions,cost - information,constructability,provisions for temporary facilities and procurement and construction scheduling issues. §2.1.5 Preliminary Cost Estimates §2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area,volume or similar conceptual estimating techniques for the Architect's review and Owner's approval.If the Architect or Construction Manager'suggests alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. §2.1.5.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,estimates of the Cost of the Work of incrensing detail and refinement and allowing for tire further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. §2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project. §2.1.7 The COnstrUCt1011 Manager shall prepare, for the Architect's review and the Owner's acceptance,a procurement schedule for items that must be ordered well in advance of construction.The Construction Manager shall expedite and coordinate the ordering and delivery of materials that most be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximuut Price,the Owner shall procure the items on terms and conditions acceptable to the Construction Manager.Upon the establishment of the Guaranteed Maximum Price,the Owner shall assign all contracts for these items to the Construction Manager and the ConSITUCt10n Manager shall theicafter accept responsibility for them. AIA Document A1331*^—2009 formerly A1211"CMc—20031.Copyright 61991,2003 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 3 distribution of this At Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum / extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of Ills documonl when completed.To report copyright violations of AIA Contract Documents.e-mail The American Institute of Architects'legal counsel,copyrighgo7,amerg. §2.1.6 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates.The Construction Manager, however,does not warrant or guarantee estnnotes and schedules except as may be included as part of the Guaranteed Maximum Price,'The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Construction Manager shall promptly report to the Architect and Owner any nonconi'ornrity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. §2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities applicable to its per fbrinance under this Contract,and will)equal employment opportunity programs,and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. §2.2 Guaranteed Maximum Price Proposal and Contract Time §2.2.1 At a tinge to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect,the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance.The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4,and the Construction Manager's Fee. §212 To the extent that the Drawings and Specifications are anticipated to require farther development by the Architect,the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom.Such further development does not include such things as changes in scope,,systems,kinds and quality of materials, finishes or equipment,all of which, if required, shall be incorporated by Change Order. §2,2.3 The Construction Manager shall include with the Guaranteed Maximum Price;proposal a written statement of its basis,which shall include the following: 11 A list of tire Drawings and Specifications, including at[Addenda thereto,and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal,including assumptions Under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; 3 A statement of the proposed Guaranteed Maximum Price, including If statement of the estimated Cost of the Work organized by trade categories or systems,allowances,contingency,and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maxinrunt Price is based;and .5 A date by which the Owner mast accept the Guaranteed Maximum Price. §2.2.4 IXaXtX� XtIuYN3I¢+b +4YiFxh1�43 +dt �e�tI4X1rYf fr' YE ��XX ��4Ktt43�X )?tr}(,XiX;XytrX3lrI£A'M13�l;C�kXrX1%�34�t�+3f}C tiCxXlKi3itx's'XrlftDftlfXrYvXrTF1hL3§XsXrXt%DSrifi2vi;?fi�ka`fIXr7�6i�F�a'i@9$XsXXX �CSC����tk�fi7XlX�� X�l1�,X)PA'`�3i 1�iF}�iXX §2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal.In the event that the Owner and Architect discover any inconsistencies or inaccuracies i1't the information presented,they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis,or both. §2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, tile Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price,the Owner and Construction Manager shall execute the Guaranteed Maxinturn Price Amendment amending this Agreement,a copy of which the Owner shall provide to the Architect.The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. -__.. ........._ _.._....__. . _......--- _.......- - -- AIA Docamont At 33 2009 formerly At 21 TMCMe—20031.Copyright©1991 2003 and 2009 by The American Institute of Architects.All rights [nit. reserved.WARNING.This AIA�'Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 4 distribution of this AIA"Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum 1 extent possible under the law.Purchasers ere permitted to reproduce you(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyrighti5sua.mg. §2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase,unless the Owner provides prior written authorization for such costs. §2,2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised.The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. §2.19 The Construction Manager shall include in the Guaranteed Maximum Price all sales,consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective,at the time the Guaranteed Maximum Price Amendment is executed. §2.3 Construction Phase §2.3.1 General §2.3.1.1 For purposes of Section 8.1.2 of A201 -2007, the date of'commencement of the Work shall mean the date of commencement of the Construction Phase. §2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed,whichever occurs earlier. §2.3.2 Administration §2.3.2.1 Those portions of the Work that the COUSt'tlehon Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager.The Owner may designate specific persons from whom,or entities from which,the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect,The Owner shall then determine,with the advice of the Construction Manager and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. §2.312 If the Guaranteed Maximum Price has been established find when a specific bidder(1) is recommended to the Owner by the Construction Manager,(2) is qualified to perform that portion of the Work,fund(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or,exceptions, but the Owner requires that another bid be accepted,then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. §2.3.2,3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis,the Construction Manager shall provide in the Subcontact for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. §2.3.2.4 If the Construction Manager recommends it specific bidder that may be considered a"related party"according to Section 6.10,then the Construction Manager shall promptly notify lire Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction,according to Section 6.10.2. §2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress,coordination,scheduling,and status of the Work.The Construction Manager shall prepare fmd promptly distribute minutes to the Owner and Architect. §2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment,the Construction Manager shall prepare and submit to the Owner and Architect it construction schedule for the Work and submittal schedule in accordance with Section 3.I0 of A201-2007. Init. AIA Document A133'"—20091tormerly A1211"'CMC-2003),Copyright 01991,2003 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 5 distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ton(10)copies of this document when completed.To raped copyrght violations of AIA Contract Documents,e-mail The American institute of Architects'legal counsel,copyright @aia.org, §2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis,or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and Architect,showing percentages of completion and other information required by the Owner.'I'he Construction Manager shall also keep,and make available to the Owner and Architect,a daily log containing a record for each day of weather,portions of the Work in progress,number of workers on site, identification of equipment on site,problems that might affect progress of the work,accidents, injuries,and other information required by the Owner. §2328 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the(.honer and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 23.2.7 above. §2.4 Professional Services Section 3.12.10 of A201-2007 shall apply to both the Preeon alaction and Construction Phases. §2.5 Hazardous Materials Section 10.3 of A201--2007 shall apply to both the Preconsuvetion and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES §3.1 Information and Services Required of the Owner §3.1.1 The Owner shall provide information with reasonable promptness;regarding requirements for and limitations on the Project,including if written program which shall set forth the Owner's objectives,constraints,and criteria,including schedule,space requirements and relationships,flexibility and expandability,special equipment,systems sustainability and site requirements. §3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.Thereafter,the Construction Manager may only request such evidence if(1)the Owner fails to make payments to the Construction Manager as the Contract Documents require,(2)a change in tine Work materially changes the Contract Sum,or(3)the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to make payment when(Inc.The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Wok or the portion of the Work affected by a material change. After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. §3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including(1)the budget for the Cost of the Work as defined in Section 6.1.1,(2)the Owner's other costs,and(3)reasonable contingencies reluted to all of these costs. lfthe Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect.The Owner and the Architect, in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. §31.4 Structural and Environmental Tests,Surveys and Reports. During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. 1'he Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §3,1.4,1 The Owner shall furnish tests,inspections and reports required by law and as otherwise agreed to by the parties, such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. §3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project,and a legal description of the site.The surveys and legal information shall include,as applicable, grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands;adjacent drainage{rights-of-way,restrictions,easements,encroachments,zoning,,deed restrictions,boundaries and contours of the site; locations,dimensions and necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths, All the information on the survey shall be referenced to aProject benchmark. AIA Document A1331"-2009 formarly A121'"CMc-2903).Copyright GL 1991,2003 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or l3 distribution of this Ate Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum 1 extent possible under the law.Purchasers are permitted to reproduce ten Ito)copies of this document when completed,To report copyrightvlolallens 0f AIA Contract Documents,e-mall The American Institute of Architects legal counsel,copyright @aia.org. §3.1.4.3'Fire Owner,when such services are requested, shall furnish services of geotechnical engineers,which may include but are riot limited to test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials, seismic evaluation,ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. §3.1.4.4 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also burnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request.for site]) information or services. §3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project The Owner's representative shall render decisions promptly and furnish information expeditiously,so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as other wise provided in Section 4.2.1 of A20I 2007,the Architect does not have such authority. The term"Owner"means the Owner or the Owner's authorized representative. §3.2.1 Legal Requirements.'file Owner shall furnish all legal, insurance and accounting services, including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. §3.3 Architect The Owner shall retain an Architect to provide services,duties and responsibilities as described in ALA Document 13103T"-2007,Standard Form of Agreement Between Owner and Architect, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement.The Owner shall provide the Construction Manager it copy of the executed agreement between the Owner and the Architect,and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES §4.1 Compensation §4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: §4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 12: (lnseri arnounl of or basisfor, compensation and include a list gfreivibursable cost items, as applicable.) Pre—construction services are provided at no charge. §4,13 if the Preconstruction Phase services covered by this Agreement have not been completed within ( N/A )months of the date of this Agreement,through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. §4,1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the mandatory and customary contributions and benefits related thereto,such as employment taxes and other statutory employee benefits, insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions. §4.2 Payments §4.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Init AIA Document A133'"—2009(formerly A121^"CMc—2003),Copyright U 1991,2003 and 2009 by [tie American Institute of Architects.All rights reserved.WARNING:This AW Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or 7 distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To repel copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copydghtivamorg. §4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid ( N/A )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rare o/nionthly dr annual interest agreeef upon.) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES §5.1 For the Construction Manager's performance of the Work as described in Section 2.3,the Owner shall pay the Construction Manager the Contract Sum in current funds.The Contract Sum is the Cost of the Work as defined in Section 6,1.1 plus the Construction Manager's Fee. §5.1.1 -rile Construction Manager's Fee: (Stale a hunnp stun,percentage of Cost o/the Work or other provision.ior de/e)-nnining the Construction Manager's Fee.) Fee 3.257o of the cost of the work. §51.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: §5.1.3 Limitations,if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: §5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed percent( 115 '%)of the standard rate paid at the place of the Project. §5.1,5 Unit prices, if any: (Jtkoa(w annel stone the unit price;slate the quon1hp liinhalionrs, i/any, to which the attic price will be applicable.) Item Units and Limitations Price per Unit($0.00) N/A IDIt. AIA Document A1331^—2009(formerly A121""CMc—2003).Copyright 0 1991 2003 and 2009 by The American Iseldom of Architects.All rights reserved.WARNING This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 8 distribution of this AIA"Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,ejmeil The American Institute of Architeco'legal counsel,copyright @aia.org. §5,2 Guaranteed Maximum Price §5.2.1 The Construction Manager guarantees that tae Contract Still shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment,as it is amended from time to time.'Fo the extent the Cost of the Work exceeds the Guaranteed Maximum Price,the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Itiser'ISpecific provisions ifthe Construction 114anaker is to partidipale in any savings.) §5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Cotract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. §5.3 Changes in the Work §5.3.1 The Owner stray,without invalidating the Contract,order changes in the Work within the general scope ofthe Contract consisting of additions,deletions or other revisions. The Owner shall issue such changes in writing.The Architect may make minor changes in the Work as provided in Section 7.4 off AIA Document A201-2007,General Conditions of the Contract for Construction.The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. §5.3.2 Adjustments to tfre Guaranteed Maximum Price on account of changes in tine Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007,General Conditions of the Contract for Construction. §5.3.3]it calculating adjustments to subcontracts(except those awarded with the Owner's prior consent on the basis of cost plus a fee),the terms"cost"and"fee"as used in Section 7.3.3.3 of AIA Document A201--2007 and the tenu "costs"as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Sections 5.1 and 5.2,Sections 6.1 through 6.7,and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost pills a fee shall be calculated in accordance with the terms of those subcontracts. §53A In calculating adjustments to the Guaranteed Maximum Price, the terms"cost"and"costs"as used in the above- referenced provisions of AIA Document A201-2007 shall meats the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the tern"fee"shall mean the Construction Manager's Pee as defined in Section 5.1 of this Agreement. §5.3.5If'no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work,or if the extent ofsuch changes is such, in the aggregate,that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager,tine Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the FCC for the of Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE §61 Costs to Be Reimbursed §6.1.1 'I'Ihe tent Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with print consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. §6.1.2 Where any cost is subject to the Owner's prior approval,the Construction Manager shall obtain this approval prior to incurring the cost.The parties shall endeavor to identify tiny such costs prior to executing Guaranteed Maximum Price Amendment. §6.2 Labor Costs §6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or,with the Owner's prior approval,at off=site workshops. AIA Document A1331A-2009 formerly A121 10C Me-2003).Copyright*1991,2003 and 2009 by The American Institute of Architects.All rights (nit. reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or g distribution of this AIA"Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum ( extent possible tinder the law.Purchasers are permitted to reproduce tan(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mall The American Institute of Archilecin legal counsel,copyriglit@aia.org.aia.org. §6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. (lfh is intended that the lvages or salaries of certain perromtel stationed at the Construction Maneit er's princirpa/or- other,offices shall be included in the Cost of the Work, identify of.Section 11.5, the personnel to be incbnled, whether far all or only part of their tittle, and flit,rates at which their thne 1vill be charged to the Work.) §6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops m on the road, in expediting the production or transportation oflmaterials or equipment required for the Work,but only for that portion of their time required for the Work. §6,2,4 Costs paid or incurred by the Consuvctiou Manager for taxes, insurance,contributions,assessments and benefits required by law or collective bargaining agreements mid, for personnel riot covered by such agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. §6.2.5 Bonuses,profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,with the Owner's prior approval. §6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. §6.4 Costs of Materials and Equipment Incorporated in the Completed Construction §6.4.1 Costs,including transportation and storage,of materials and equipment incorporated or to be incorporated in the completed construction. §6.4.2 Costs ofmaterials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any,shall become the Owner's property at the completion of the Work or, at the Owner's option,shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as it deduction from the Cost of the Work. §6.5 Costs of Other Materials and Equipment,Temporary Facilities and Related Items §6.5.1 Costs of transportation, storage,installation,maintenance,dismantling and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and filly consunred in the performance of the Work. Costs of materials,supplies,temporary facilities,machinery,equipment and tools that are not fully consunred shall be based on the cost or value of the item at the time it is first used on the project site less the value of the item when it is no longer used at file Project site.Costs for items not fully consumed by the Construction Manager shall mean fair market value. §6.51 Rental charges for temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs,dismantling and removal.The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. §6.5.3 Costs oi'removal of debris from the site of the Work and its proper and legal disposal. §6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls,postage and parcel delivery charges,telephone service at the site and reasonable petty cash expenses of the site office. §6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred white traveling in discharge of duties connected with the Work. §6,5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. Init. AIA D c Document 31 This (formerly A1217"CMc—2003).Copyright @ 1991,2003 and 2009 by The American Institute of Architects.All rights Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 10 distribution of this Ate Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.purchasem are permitted to reproduce ten(10)copies of this document when completed. to report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legaimwlsel,mpyright@aia.org. §6.6 Miscellaneous Costs §6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract.Self-insurance for either full or partial amounts of the coverages required by the Contract Documents,with the Owner's prior approval. §6;6.2 Sales, use or similar taxes imposed by it governmental authority that are related to the Work and for which the Construction Manager is liable. §6.6.3 Fees and assessments for the building permit and for other hermits, licenses and inspections'for which the Construction.Manager is required by the Contract Documents to pay, §6.6.4 Fees of laboratories for tests required by the Contract Documents,except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents,and which do not fall Within the scope of Section 6.7.3. §6.6.6 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents;the cost of defending suits or claims for infringement of'patent rights arising front such requirement of the Contract Documents;and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However,such costs of legal defenses,judgmentsand settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. if such royalties,fees and costs are excluded by the last sentence of Section 317 of AIA Document A201-2007 or other provisions of the Contract Documents,then they shall not be included in the Cost of the Work. §6.6.6 Costs for electronic equipment and software,directly related to the Work with the Owner's prior approval. §'6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. §6.6.8 Legal,mediation and arbitration costs,including attorneys'fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of tine Work and with the Owner's prior approval,which shall not be unreasonably withheld. §6.6.9 Subject to the Owner's prior approval,expenses incurred in accordance with the Construction Manager's standard written personnel policy f'or relocation and temporary living allowances of the Construction Manager's personnel required fertile Work. §6,7 Other Costs and Emergencies §611 Other costs incurred in the performance of the Work if,and to the extent,approved in advance in writing by the Owner. §6.7,2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property,as provided in Section 10.4 of AIA Document.A201-2007. §6.7.3 Costs of repairing of correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers,provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties,Subcontractors,suppliers,or others. §6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work,notwithstanding any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Constriction Manager to pay such costs,unless such costs are excluded by the provisions of Section 6.5. §6.8 Costs Not To Be Reimbursed §6,6.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2,or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than Ilse site office, AIA Document Al 33'°—2009 formerly A121'"'CMe—2003).Copyright @ 1991,2003 and 2009 by The American Institute of Architects.All rights h11t reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 11 distribution of this AIA""Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum f extent possible under the taw.Purchasers are pemtiited to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright niaia.org. .3 Overhead and general expenses,except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6,73 of this Agreement,costs due to the negligence or failure of the Construction Manager,Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs,other than costs included in Change Orders approved by the Owner, that would cause life Guaranteed Maximum Price to be exceeded;and ,8 Costs for services incurred during the Preconstruction Phase. §6.9 Discounts,Rebates and Refunds §6.9.1 Cash discounts obtained on payments made by the Construction Manager shall aces tie to the Owner if(1)before making the payment,the Construction Manager included them in an Application for Payment and received payment from the Owner,or(2)the Owner has deposited funds with the Construction Manager with which to make payments; otherwise,cash discounts shall accrue to the Construction Manager, Trade discounts,rebates,refunds and amounts received from sales ofsurplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be obtained. §6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. §6.10 Related Party Transactions §6,10.1 For purposes of Section 6.10, the term`related party"shall mean a parent,subsidiary,affiliate or other entity having common ownership or management with the Construction Manager;any entity in which any stockholder in,or management employee of,the Construction Manager owns any interest in excess often percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager.The term`related party"includes any member of the intrnediate family of any person identified above. §610.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party,the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred, if the Owner,after such notification,authorizes the proposed transaction,then the cost incurred shall be included as a cost to be reimbursed,and the Construction Manager shall procure the Work,equipment,goods or service from the related party, as a Subcontractor,according to the terns of Sections 2.3.2.1,2.112 and 23.2.3. If the Owner fails to authorize the transaction,the Construction Manager shall procure the Work,equipment,goods or service from some person or entity other than a related party according to the terms of Sections 2.3.21,2.3.2.2 and 2.3.2.3. §6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs irt(urre&The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Construction Managers records and accounts, including complete documentation supporting accounting entries,books,eorespondence,instructions,drawings,receipts,subcontracts,Subcontractor's proposals,purchase orders,vouchers,memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES §7.1 Progress Payments §7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Stan to the Construction Manager as provided below and elsewhere in the Contract Documents. §Z1.2 The period covered by each Application for Payment shall be one calendar month ending oil the last day of the month,or as follows: AIA Document A133' 2009 formerly A121^^CMC 2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights Init. reserved WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 12 distribution of this AIA"'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia org. §7.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month,the Owner shall make payment of the certified amount to the Construction Manager not later than the 25th dayofthe following month, If in Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than thirty ( 30 )days after the Architect receives the Application for Payment. (Federal,slate or meal laws drift,require pgrmenl within a certain period of lime) §7.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that cash disbursements alicady made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,less that portion of those payments attributable to the Construction Manager's Fee,plus payrolls for the period covered by the present Application for Payment. §7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.'File schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work,except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, Unless objected to by the Architect,shall be used as a basis for reviewing the Construction Manager's Applications for Payment. §7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed,or(2) the percentage obtained by dividing (a)the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prim to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. §7,1.7 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: ,1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201--2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of f ive percent( 5 %).The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate slated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section,shall be an amount that bears the sane ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of f ive percent( 5 %)from that portion of the Work that the Construction Manager self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall,if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment,or resulting from cards subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 ofAiA Document A201-2007. §7.1.8 The Owner and Construction Manager shall agree upon(1)a mutually acceptable procedure for review and approval of payments to Subcontractors and(2)the percentage of retainage held on Subcontracts,and the Construction Manager shall execute subcontracts in accordance with those agreements. §7.1.9 Except with the Owner's prior approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA Document A133——2009/Iformerly A121'"CMC—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights [nit. AIA WARNING:This AIA"Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 13 distribution of this AIA'"Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum j extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyrighl @ala.org. §7.1.10 In taking action on the Constriction Manager's Applications for Payment,the Architect shall be entitled to rely on tide accuracy and completeness of tine information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data;that the Architect has made exhaustive or continuous on-site inspections;or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of tine Contract Such examinations,audits and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. §7.2 Final Payment §7.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,slid]] be made by the Owner to the Construction Manager.when .1 due Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,ail(]to satisfy other requirements,if any,which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application fill Payment;and .3 a final Certificate for payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: §7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager.Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting,and provided the other conditions of Section 7.2.1 have been met,the Architect will,within seven days after receipt of the written report of the Owner's auditors,either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007,The Architect is not responsible for verifying the accuracy yof the Construction Manager's final accounting. §7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager,the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201--2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt ofa copy of the Architect's final Certificate for Payment.Failure to request mediation within this 30-day period shall result fn the substantiated amount reported by the Owner's auditors becoming binding out the Construction Manager.Pending a final resolution of the disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. §7.2.4 If,subsequent to final payment and m the Owner's request,the Construction Manager incurs costs described in Section 6,1.1 and not excluded by Section 6.8 to correct defective or nonconforming,Work,the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment,but riot in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. AIA Document A133""—2009 formerly A121''"CMc—2003).Copyright Q 1991,2003 and 2009 by The American Institute of Architects.All rights Init reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or 14 distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum I extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this d0curnent when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyrightQaia.org. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase arid maintain insurance,and the Construction Manager shall provide bonds as set forth in Article I t of AIA Document A201-2007. (State banding requirements, tfany, and limits olliabililt,fi r insurance required in Article 11 ofA111 Document A201--2007) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) Performance Bond 100% Payment Bond 100% Maintenance Bond 100% ARTICLE 9 DISPUTE RESOLUTION §9,1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007.however,for Claims arising from or relating to the Construction Manager's Preconstruction Phase services,no decision by the Initial Decision Maker shall be required ash condition precedent to mediation or binding dispute resolution,and Section 9.3 of this Agreement shall not apply. §9.2 For any Claim subject to,but not resolved by mediation pursuant to Section 15.3 of AIA Document A201--2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box.I,f the Owner and Construction Manager do not select a method of binding dispute resohaion below, or da not subsequently agree in writing to a binding disprde resohnion inedrod other than litigation, Claims will be resolved btu litigation in a court of competent furiadlclion.) ❑ Arbitration pursuant to Section 15.4 of AIA Document A201-2007 K1 Litigation in a court of competent jurisdiction Tarr ant County, Texas ❑ Other:(Syecijj) §9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201--2007 For Claims arising front or relating to the Constuction Manager's Construction Phase services, unless the parties appoint below another individual,not a party to the Agreement,to serve as the hritial Decision Maker. (IJ'llie parties n unurll)r agree, insert the rumne, address and other contact information of the biotin!Decision Maker, if other than the Architect.) ARTICLE 10 TERMINATION OR SUSPENSION §10.1 Termination Prior to Establishment of the Guaranteed Maximum Price §10.1.1 prior to the execution of the Guaranteed Maximum Price Amendment,the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause,and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner,for the reasons set fault in Section 14.1.1 of A201--2007. §10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1,the Construction Manager shall be equitably compensated for Preeonstruction Phase services performed prior to receipt of a notice of termination, In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. AIA Document Al 331-—2909 formerly A121""CMe—2903).Copyright Q 1991.2003 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA!Document is protected by U,S.Copyright Law and International Treaties.Unauthorized reproduction or 15 distribution of this AIA'"Document,or any portion of it,may result in severe civil and criminal penalties,arid will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architect legal counsel,copyright @maorg. §101.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows,which amount shall be in addition to any compensation paid to the Construction Manager under Section 10,1.2: .1 Take the Cost of the Work JnculTetl by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the ConsUUCUon Manager's Fee is stated as a fixed suns in (fiat Section,an amount that bears the same ratio to that fixed-son Fee as the Cost of the Work at the time of termination bears to tI reasonable estimate of the probable Cost of the Work upon its Connpletio);and .3 Subtract the aggregate of'previous payments made by the(honer for Construction Phase services. 7'he Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10,execute and deliver till such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner(lie rights and benefits of the Conshvetion Manager under such subcontracts or purchase orders. All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts,purchase orders or rental agreements as described above,the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase order or rental agreement,if those costs would have been reimbursable its Cost of the Work if the contract had not been terminated.If the Owner chooses not to accept assignment of any Subcontract,purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terninated,the Construction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. §10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below,the Contract rpay he terminated as provided in At 14 of AIA Document A201-2007. §1011 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment,the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. §10.2.2 if the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above,except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager,utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. §10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201--2007. In such case,the Guaranteed Maximum Price and Contract'rime shall be increased as provided in Section 14.3,2 of AJA Document A201--2007,except that the term"profit"shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS §11.1 'reins in this Agreement shall have the same meaning as those in A201--2007. §11.2 Ownership and Use of Documents Section 1.5 of A201-2007 shall apply to both the Pieconstruction and Construction Phases. §11.3 Governing Law Section 13.1 of A201-2007 shall apply to both the PreconStl'lletiOn and Construction Phases, AIA Document A133111—2009 formerly A121'"C Me—2003).Copyright Cn 1991 2003 and 2009 by The American Institute of Architects.All rights snit' reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 16 distribution of this AIA"Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum I extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents.e-mail The American Institute of Archisict2 legal counsel,copyrighl @aia.org. §11.4 Assignment file Owner and Construction Managel;,respectively, bind themselves, their agents,successors, assigns and legal representatives to this Agreement.Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201-2007, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make shelf an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. §11.5 Other provisions: ARTICLE 12 SCOPE OF THE AGREEMENT §12.1 I'his Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements,either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. §12.2 The following documents comprise the Agreement: .1 AIA Document A1331M-2004,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis orpayment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A201 -2007, General Conditions of the Contract for Construction .3 AIA Document E201T" 2007,Digital Data Protocol Exhibit,if completed,or the following: .4 AIA Document E202T`L2008, Building Information Modeling Protocol Exhibit, if completed,or the following: .5 Other documents: (List other dociunenis, of the Agreement) General Conditions to be fixed at 6 ,60% of the cost of ,by work. OtolululGHuru.,, r ATTEST: o `. �...... .q y- Approved as to form and legaft: R H Council Action Ql f N Date Approved Agenda No. 2- Atca Richardson, Maleshia fanner,C hIA !►`- eg Res —' This Agreement is entered into as of the day and year first written above. W41 '� -- OWNER(Sigucrture) C sTR 6142 (Sis;nalt rte) Mb viC 41�h�iw,t1 G Vv1a-+\x <✓ fie_ fink �res�clFrt___ > Tinted +rnnc ._,- (IrnrlcdtrmneancFtltje) ( rd title) CAUTION:You should sign an original AIA Contract Doeurnent,on which this text appears in RED.An original assures that changes will not be obscured. Init. AIA Document A1331-—2009 formerly A121 mCNIc—2003).Copyright 0 1991,2003 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 17 distribution of this AIA"Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To repent copyright violations of AIA Contract Documents,e-mail TheAmedcan Institute of Architects'legal counsel,copyright @aia.org. r , • .�,�r�� � i'�..�c..t ;� ..'fit._;,,,'r'+ 0 � =AIA Document A133 TM - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. THE OWNER: AIA Document A201 m-2007, General Conditions of the (Name, legal status and address) Contract for Construction,is adopted in this document by reference.Do riot use with other -. general conditions unless this document is modified. THE CONSTRUCTION MANAGER: (Name, legal status and address) ARTICLE A.1 §A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2,6 of the Agreement,the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price.is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work,as that term is defined in Article 6 of this Agreement. §A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed subject to additions and deductions by Change Order as provided in the Contract Documents. §A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories,allowances,contingencies,alternates,the Construction Manager's Pee,and other items that comprise the Guaranteed Maximum Price. (Provider below or reference an attachment.) AIA Document AM'--2009/formerly A121 iBCMd-2003).Copyright O 1991,2003 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIAtD Document Is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or 1 distribution of this AIA'Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum t extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyrightCafa.org. §A1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Owner: (Stale the numbers or other identification ofaccepled alternates. iif the Contract Documentspernlit the Owner to accept other alternates subsequent to the creation of this Amenduaent, attach it schedule afsach other alternate.y showhvq the (711101117(for arch and the date when the amount etpires.) §A.1,1.4 Allowances included in the Guaranteed N/laxlnlunt Price, fully: (Identify altou once and stale eschisions, if att)',f'oln the aflourance Brice.) Item Price §A.1.1,5 Assumptions,if any,on which the Guaranteed Maximum Price is based: §A.1.1.6 The Guaranteed MaxilaUm Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages §A.1.17 The Guaranteed Maximum Price is based upon the following Specifications: (Zither list the Specffhcations here, or-refer to an exhihn anached In this Agreement.) Section Title Date Pages Init. AIA Document A1133*v—2009(formerly A121'"CMc—2003),Copyright Q 1991,2003 and 2009 by The American Institute of Architects.All rights reserved,WARNING This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 2 distribution of this AIA`'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the ( maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.to report copyright violations of AIA Contract Documents„email The American Institute of Architects'legal counsel,wIly,ght@aia.org. §A.1,1.8 The Guaranteed Maximum Price is based upon the following fhawings: (hither list the Drawings here, or refer to an exhibit attached to this Agreement.) Number Title Date §A.11.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) ARTICLE A.2 §A.2,1 The anticipated date of Substantial Completion established by this Amendment: ----- -- OWNER(Signature) CONSTRUCTION MANAGER (Signature) --- ...._. c! .....-_... _----- ----- ... ... :__ .. .....---- --- - _.._.-... .. ...........- (Printed Warne ar IttleJ (Printed mm�n and tide) CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document At 33ry "'—2009 V1ormerly AT2110Cfdc—2003).Copyright 001991,2003 and 2009 by The American Institute of Architects.All rights Ind. reseed.WARNING:This AIAy'Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 3 distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel copyright @aia.org. MRH CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: October 22, 2018 Subject: Approve purchase of two buses for the Parks Department from Creative Bus Sales, Inc. in the amount of$122,556.68 through an HGAC contract. Presenter: Mike Curtis, Managing Director Summary: The FY 2018/2019 Capital Budget includes the replacement of two senior center vans for the Parks Department. It is being recommended to purchase these buses from Creative Bus Sales, Inc. through HGAC Contract #BT01-17. General Description: The Parks Department has requested the replacement of two 15-passenger vans that are currently used for the NRH Centre and the Senior Center. These vans are very challenging for seniors and others to enter and exit when traveling. The new buses are ADA friendly and will be much easier for everyone to enter and exit including those in wheelchairs. The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through local government purchasing cooperatives. Creative Bus Sales, Inc. has submitted a quote using HGAC Contract #BT01-17 totaling $122,556.68. City staff is recommending purchasing the buses through this HGAC contract. Funding was included in the FY 2018/2019 Capital Budget (FS1906 and FS1905) for the purchase of these two vehicles. Recommendation: Approve purchase of two buses for the Parks Department from Creative Bus Sales, Inc. in the amount of$122,556.68 through an HGAC contract. Buses — Shuttle, Transit, Trams & Other Specialty Buses Page 1 of 4 A CONTRACT BETWEEN HOUSTON-G.ALVESTON AREA COUNCIL Houston, Texas AND CREATWE BUS SALES,INC. Irving,Texas This Contract is made and entered into by the Houston-Galveston Area Council of Governments, hereinafter referred to as H-CAC, having its principal place of business at 3555 Timmons Lane,Suite 120,Houston,Texas 77027,AND,Creative Bus Sales,Inc.hereinafter referred to as the CONTRACTOR, having its principal place of business at 3880 Valley View Lane,living, Texas 75062, ARTICLE 1: SCOPE OF SERVICES The partieshave entered into a Buses—Shuttle,Transit,Trams&Other Specialty Buses Contract to become effective as of.lanuary 1,2017, and to continue through December 31,2018(the"Contract"),subjeetto extension upon mutual agreement of the CONTRACTOR and H- GAC. H-GAC enters into the Contract as Agent for participating governmental agencies,each hereinafter referred to as END USER,for the purchase of Buses—Shuttle,Transit,Trams&Other Specialty Buses offered by the CONTRACTOR. The CONTRACTOR agrees to sell Buses—Shuttle,Transit,Trams&Other Specialty Buses through the H-GAC Contract to END USERS. ARTICLE 2: THE COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precedence: 1. The text of this Contract form, including but not limited to, Attachment A 2. General Terms and Conditions 3. Bid Specifications No:BT01-17,including any relevant suffixes 4. CONTRACTOR's Response to Bid No:BT01-17,including but not limited to,prices and options offered All of which are either attached hereto or- incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto.This Contract supersedes any and all oral or written agreements between die parties relating to matters herein. Except as otherwise provided herein,this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL AUTHORITY CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies,where applicablc,have authorized the signatory officials to enter into this Contract and bind the parties to the teens of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities under this Contract in accordance with all applicable rules,regulations, directives, issuances, ordinances. and laws in effect or promulgated during the term of this Contract. ARTICLE 5: INDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-CAC or CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H-CAC, the State of Texas or the United States Government. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the term of said Agreement may exceed the term of the H-GAC Contract. However this acknowledgement is not to be construed as H-GAC's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H-GAC contract. Further,termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall,in each instance,continue pursuant to their stated terms and duration.The only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into arty new End User Agreements with END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on any End User Agreements surviving termination of this Contract between H-GAC and CONTRACTOR. It TONTRACTS\Buser—Shuttle,Tramit.Tiaras&Other Specialty BusesA Creative Bus Sales,Lnc.ABTOI-17.4 Buses —Shuttle,.Transit, 'Prams & Other Specialty Buses 2 of 4 ARTICLE 7: SUBCONTRACTS&ASSIGNMENTS CONTRACTOR agrees not to subcontract,assign,transfer,convey,sublet or otherwise dispose of this Contractor any right,title,obligation or interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the tight to accept or reject any such change. CON'T'RACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS pp CONTRACTOR shall maintain during the.course of its work,complete and accurate records of items that are chargeable to END USER under 4 this Contract. H-CAC,through its staff or its designated public accounting firm,the State of Texas,or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CON'T'RACTOR Failure to provide access to records may because for termination ofthis Contract. CONTRACTOR shall maintain all records pertinent to this Contract forapetiod ofnot less than five(5)calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation,auditor claim has been resolved. The right of access to records is not limited to the required retention period,but shall last as long as the records are retained. CON'T'RACTOR further agrees to include in all subcontracts under this Contract,a provision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives,shall,until the expiration of five(5)calendar years after final payment underthe subcontract orunfil all audit findings have been resolved,have access to,and the right to examine and copy any directly pertinent books, documents,papers, invoices and records of such subcontractor involving any transaction relating to the subcontract. j ARTICLE 9: REPORTING REQUIREMENTS CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Bid 3 Specifications. If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation,or s otherwise fails to satisfactorily render performance hereunder,such failure may be considered cause for termination of this Contract. j ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR,at any time during this Contract,routinely enters into agreements with other governmental customers within the State of Texas,and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices,warranties, benefits,and or terms more favorable than those provided to H-GAC,CONTRACTOR shall notify H-GAC within ten(10)business days i thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date ofthe most favorable contract,wherein CONTRACTOR shall provide the same prices,warranties,benefits,or terms to H-GAC and its END USER. H-GAC shall have the right and option at anytime to decline to accept any such change,in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently more favorable price,warranty,benefit,or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment,CONTRACTOR shall within ten(10) business days notify H-GAC in writing,setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment, is not in fact most favored treatment. H-GAC,after due consideration of such written explanation,may decline to accept such explanation and thereupon this Contract between H-GAC and CON'T'RACTOR shall be automatically amended, R effective retroactively,to the effective date of the most favored agreement,to provide the same prices,warranties,benefits,or terms to H- GAC. The Parties accept the following definition of routine:A prescribed,detailed course of action to be followed regularly;a standard procedure. 4 EXCEPTION: This clause shall not be applicable reprices and price adjustments offered by a bidder,proposer ar contractor,which are not within bidder's/proposers control/example; a manufacturer's bid eoncessionj, or to any prices offered to file Federal Goverment and its agencies. it ARTICLE 11: SEVERABLLITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable,such determination shall not affect any other term of this Contract,which shall continue in full force and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions of fact or of law arising under this Contract,which are not disposed ofby agreement,shall be decided by the Executive Director ofH-GAC or his designee,who shall reduce his decision to writing and provide notice thereof to CONTRACTOR The decision of the Executive Director or his designee shall l be final and conclusive unless,within thirty(30)days from the date of receipt of such notice,CONTRACTOR requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article,CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may,if it elects to do so,appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H-GAC'S final decision, ll:\CONTRACTS\Buses—Shuttle,Transit,Trams&Other Specialty Buses\Creative Bus Sales,I mABT01-17.4 6 t Buses—Shuttle Transits Trams & Other Specialty Buses Pate 3 of 4 8 ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY - Except as specified in any separate writing between the CONT'RACT'OR and an END USER,CONT'RACPOR's total liability under this Contract,whether for breach of contract,warranty,negligence,strict liability,in tort or otherwise,but excluding its obligation to indemnify H-GAC described in Article 14,is limited to the price ofthe particularproduets/services sold hereunder,and CONTRACTORagrees eitherto refund the purchase price or to repair or replace product(s)that are not as warranted. In no event will CONTRACTORbe liable for any loss of use,loss of time,inconvenience,commercial loss,lost profits or savings or other incidental,special orconsequential damages to the full extent such use maybe disclaimed bylaw. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC,its independent auditors,or any agency of State or Federal government to have been paid in violation of the terms of this Contract. ARTICLE 14: LIMIT OF H-GAC'S LIABILITY AND INDEMNIFICATION OF H-GAC H-GAC's liability under this Contract,whether for breach of contract, warranty,negligence,strict liability,in tort or otherwise,is limited to its order processing charge. In no event will H-GAC be liable for any loss of use,loss of time,inconvenience,commercial loss,lost profits or savings or other incidental,special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees,to 6 the extent permitted by law,to defend and hold harmless R-GAC,its board members,officers,agents,officials,employees,and indemnities j from any and all claims, costs, expenses(including reasonable attorney fees), actions, causes of action,judgments, and liens arising as a result of CONTRACTOR's negligent act or omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE 15: TERMINATION FOR CAUSE H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions ofthe 9 Contract;provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty(30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure,or thereafter proceeded diligently to complete such correction,then H-GAC may,at its option,place CONTRACTOR in default and the Contract shall terminate on the date p specified in such notice. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of IIfi� the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. p ARTICLE 16: TERMINATION FOR CONVENIENCE Either H-GAC or CONTRACTORmay cancel or terminate this Contract at any time by giving thirty(30)days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed;to the extent said services are satisfactory to END USER.CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CON'T'RACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H-GAC,the State of Texas,and the acts and regulations of any funding entity.CONTRACTOR agrees to notify H-GAC of any suspected fraud,abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity. i ARTICLE 18: GOVERNING LAW&VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Hams County,Texas. Disputes between END USER and CONTRACTOR are to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall itmnediately notify H-GAC of such disputes. ARTICLE 19: PAYMENT OF H-GAC ORDERPROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract,including,but not limited to,the payment of the applicable H-GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR,H-GAC will invoice CONTRACTOR for the applicable order processing charge.Upon delivery of any ) product/service by CONTRACTOR and acceptance by END USER,CONTRACTOR shall,within thirty(30)calendar days or ten(10) business days after receipt of payment,wldchever is less,pay H-GAC the full amount of the,applicable order processing charge,whether or not CONTRACTOR has received an invoice from H-GAC. For sales made by CONTRACTOR based on this contract,including sales to entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H-CAC's order processing charge. In no event shall H-GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. HACONTRACTSI Buses—Shuttle,Transit,Trams&Other Specialty Buses\Creative Bus Sales,hic.lBT01-17.4 1 r' I __ — Buses — Shuttle.Trsuisit, Trams&_Qdlgr Sueciaity Buses Paee..4 of A ° 9 ARTICLE 20: LIQUIDATED DAMAGES Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is ° placed. l ARTICLE 21: PERFORMANCE AND PAYMENT BOND FOR INDIVIDUAL OI2DER5 tl H-GAC's contractual requirements DO NOT include a Performance&Payment Bond(PPB),and offered pricing should reflect this cost J saving. However, CONTRACTOR must be prepared to offer a PPE to cover any specific order if so requested by END USER. 'r CONTRACTOR shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business(10)days of receipt of END USER's purchase order. ti ARTICLE 22: CHANGE OF CONTRACTOR STA'T'US CONTRACTOR shall immediately notify II-GAC,in writing,of ANY change in ownership,control,dealership/franchisee status,Motor Vehicle license status,or name,and shall also advise whether or not this Contract shall be affected in any way by such change. H-GAC l shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted,up to and including cancellation of Contract. ARTICLE 23: LICENSING REQUIRED BY TEXAS MOTOR VEHICLE BOARD/IPAPPLICABLH7 !� CONTRACTORwill for theduration of this Contract maintain current licenses that areirequired by theTexas Motor Vehicle Commission I Co&If at any time during this Contract period,any CONTRACTOR'S license is not renewed,or is denied orrevoked,CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shal I promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. IN Wri'NLSS WHEREOF,the patties have caused this Contract to be executed by their duly authorized representatives. y Signed for Houston-Galveston Area Council,HonBton,Texas- lit 99f'cle, executive Director l Attest for Houston-Galvcstml Area Council,Houston,Texas: n Deidre i Dt ectorofPubtie Services Date Signed for Creative Bus Sales,Inc. ,I Irving,Texas: ` u Printed Name&Title: 'K`�+f^Jq\-' f ('pfC"F -f .r ` at. r✓' �y.w �,. " _,�tort Date: /? / 20 Attest for Creative Bus Sales,Inc.. !J� f1 ,.>y,'/ p �r✓ ry Irving,Texas: 1 19 Printed Name&Title: L-L -�Y-CF� C.+2�" / a n2 �I Data: ,20-k, t, ix i a J I ii i ii H:\CON'rRACfS\Buses—Shuttle,Transit,Trams&Other Specialty Bases\Creative Bus Sales,Inc.\BT01-17.4 ,I i d s r 8 y Attachment A Creative Bus Sales,Inc. Buses-Shuttle,Transit,Trams and Other Specialty Buses Contract No.: BT01-17 Base Bid Buy Am. Product Manufacturer Description Price Yes or No Code REA Braun Entervan $38,744 Yes EEB Braun ryry�� Vision $38,569 Yes FBA Champion Bus Inc. Crusader CR-210- 14 Passenger $49,416 Yes FBB Champion Bus Inc. Crusader CR-211 -8 Passenger w/2-Wheelchair $54,764 Yes FBC Champion Bus Inc, Crusader CR-213- 11 Passenger w/Luggage Rear $49,532 Yes FBD Champion Bus Inc. Crusader CR-214- 14 Passenger w/Luggage Box $50,081 Yes FCA Champion Bus Inc. Challenger CH-200-17 Passenger $50,537 Yes FCR Champion Bus Inc. Challenger CH-220-21 Passenger $53,504 Yes FCC Champion Bus Inc. Challenger CH-230-16 Passenger w/2-Wheelchair $59,209 Yes FCD Champion Bus Inc. Challenger CH-231 -Flat Floor-6 Passenger w/3-Wheelchair $57,616 Yes FCE Champion Bus Inc, Challenger CH-250- 18 Passenger w/Luggage Box $55,341 Yes FCF Champion Bus Inc. Challenger CH-250-25 Passenger $55,966 Yes FCG Champion Bus Inc. Challenger C14-250-18 Passenger w/2-Wheelchair $60,644 Yes FCH Champion Bus Inc. Challenger CH-251 -Flat Floor- 11 Passenger w/3- $59,690 Yes Wheelchair FCI Champion Bus Inc. Challenger CH-253-21 Passenger w/Luggage Rear $56,311 Yes FDA Champion Bus Inc. Defender DF-270-25 Passenger w/Luggage Rear $69,430 Yes FDB Champion Bus Inc. Defender DF-270-29 Passenger $69,462 Yes FDC Champion Bus Inc. Defender DF-270-20 Passenger w/2-Wheelchair $73,895 Yes FDD Champion Bus Inc. Defender DF-280-21 Passenger $65,104 Yes FDE Champion Bus Inc. IDefender DF-281 -18 Passenger w/2-Wheelchair RI, $73,174 Yes FDF Champion Bus Inc. Defender DF-290-27 Passenger $69,133 Yes FDG Champion Bus Inc. Defender DF-291 -20 Passenger w/2-Wheelchair RL $73,174 Yes I FDH Champion Bus Inc. Defender M2/S2C-14 Passenger w/3-Wheelchair FL $110,233 Yes FD1 Champion Bus Inc. Defender M2/S2C-24 Passenger w/2-Wheelchair RL $114,129 Yes FDJ Champion Bus Inc. Defender M2/S2C-24 Passenger w/2-Wheelchair FL $113,488 Yes FDK Champion Bus Inc, Defender M2/S2C-25 Passenger w/2-Wheelchair FL $113,641 Yes FDL Champion Bus Inc. Defender DF-290-23 Passenger w/Luggage Box $111,902 Yes FDM Champion Bus Inc. Defender DF-310-33 Passenger $114,124 Yes FDN Champion Bus Inc. Defender DF-291 -24 Passenger w/2-Wheelchair $119,032 Yes FDO I Champion Bus Inc. Defender DF-313-29 Passenger w/Luggage Rear $115,166 Yes FDP Champion Bus Inc. Defender M2/S2C-28 Passenger w/2-Wheelchair RL $119,229 Yes FDQ Champion Bus Inc. Defender NWS2C-29 Passenger w/2-Wheelchair FL $120,258 Yes FDR Champion Bus Inc. Defender M2/S2C-30 Passenger w/2-Wheelchair RL $115,781 Yes FDS Champion Bus Inc. Defender M2/S2C-32 Passenger w/2-Wheelchair FL $121,954 Yes FDT Champion Bus Inc. Defender M2/S2C-33 Passenger $109,226 Yes FDU Champion Bus Inc. Defender M2/S2C-34 Passenger w/2-Wheelchair FL $123,875 Yes Page 1 of 4 4 Attachment A Creative Bus Sales,Inc. Buses-Shuttle,Transit,Trams and Other Specialty Buses Contract No.: BTOI-17 Base Bid }Sap Ant. Product Manufacturer Description Price [, Code $$$ Yes or No FDV Champion Bus Inc. Defender M2 1S2C-38 Passenger w/2-Wheelchair R}.. $124,597 Yes p hDW Champion Bus Inc. Defender M2 1S2C-41 Passenger $117,993 Yes FVA Champion Bus Inc. L.F240FP E450 Non-Kneeling 10 Passenger w/2 Wheelchairs $83,553 Yes FVB Champion Bus Inc. LF260FP E450 Non-Kneeling 14 Passenger w/2 Wheelchairs $82,353 Yes FVC Champion Bus Inc. LF270PP-F.450 Non-Kneeling 16 Passenger w/2 Wheelchairs $83,029 Yes t FVD Champion Bus Inc. LP550 Gas 9 Passenger w/3 wheelchairs $145,482 Yes j FVE Champion Bus Inc. LFSSO Diesel 9 Passenger w/3 Wheelchairs 6153,833 Yes I FVF Champion Bus Inc. LF550 Gas 12 Passenger w/3 wheelchairs $145,987 Yes FVG Champion Bus Inc. LF550 Diesel 12 Passenger w/3 Wheelchairs $154,338 Yes FVH Champion Bus Inc. LF550 Gas 15 Passengers w/2 Wheelchairs $146,039 Yes FVI Champion.Bus Inc. LF550 Diesel. 15 Passengers w/2 Wheelchairs $154,210 Yes FVJ Champion Bus Inc. LF550 Gas 18 Passenger w/2 Wheelchairs $146,688 Yes FVK Champion Bus Inc. LF550 Diesel 18 Passenger w/2 Wheelchairs $155,040 Yes FVL Champion Bus Inc. LF550 Gas 20 Passenger w/2 Wheelchaiis $146,670 Yes t FVM Champion Bus Inc. LF550 Diesel 20 Passengci w/2 Wheelchairs $155,021 Yes . JAA Diamond Coach PT Nugget 9 Passenger w/1 Wheelchair $45,999 - Yes Executive Nugget-13,Passenger&Rear Luggage-(Non ADA N JAB Diamond Coach Compliant) $43,101 Yes Shuttle Nugget-9 Passenger&Luggage Rack-(Non ADA a JAC Diamond.Coach Compliant) $42,991 Yes q) JBA Diamond Coach PT 2000-F-13, 12 Passenger w/1-Wheelchair $55,179 Yes !(! JBB Diamond Coach PT 2000-F-14,10 Passenger w/2-Wheelchair $55,360 Yes JBC Diamond Coach VIP 2000-C-7, 14 Passenger-(Nan AAA Compliant) $50,520 Yes 9� JBD Diamond Coach VIP 2200-C-3,20 Passenger-(Non ADA Compliant) $52,496 Yes {I ,}BE Diamond Coach VIP 2200-F-3, 12 Passenger w/2-Wheelchair $56,747 . Yes JBF Diamond Coach VIP 2200-F-10,6 Passenger w/4-Wheelchair $56,740 Yes JBG Diamond Coach VIP 2500-F-1, 16 Passenger w/2-Wheelchair $60,880 Yes t VIP 2800-C-4,24 Passenger&Rear Luggage-(Non ADA JBH Diamond Coach $62,629 Yes Com Iiant JBI Diamond Coach VIP 2800-C-1,28 Passenger-(Non ADA Compliant) SGt,634 Yes JBJ Diamond Coach VIP 2800-F-3,20 Passenger w/2-Wheelchair $65,792 Yes ? MLA E1Do[ado National-R Arrivo 33'High-Floor Bus $309,822 Yes Lj! MLB E1Dorado National-R jArrivo 38'High-Floor Bus $312,975 Yes It MLC E.IDnrado National-R An'ivo 40 Hi g h-Floor Bus $319,270 Yes NIMA ElDorado National-R IAxes.s 35'Low-Floor Bus $378,396 Yes r; C n i' Page 2 of 4 } t i r I r. ty Attachment A Creative Bus Sales,Inc. Buses-Shuttle,Transit,Trains and Other Specialty Buses Contract No.: BTOI-17 Base Bid Product Manufacturer Description Price Buy Am.Yes or No h Code. $$S MMB ElDorado National-12 Axess 40'Low-Floor Bus 5388,187 Yes MMC ElDorado National-R E-Z Rider 11 30'Low-Floor Bus 5262,873 Yes MMD ElDorado National-R F•-Z Rider 11 32'Low-Floor Bus $272,943 Yes MME ElDorado National-R E-Z Rider 1135'Low-Floor Bus $278,392 Yes MNA ElDorado National-R XFIF 29'High-Floor Bus(No CNG Option Available) $299,204 Yes 6 MNB ElDorado National-R XHF 32'high-Floor Bus $303,612 Yes MNC ElDorado National-R XHF 35'High-Floor Bus $307,316 Yes MND ElDoradoNational-R XHF 40'IIigh-PloorBus $312,184 Yes MPA ElDorado National-R Axess 35'Low-Floor Bus(Hybrid) $607,587 Yes AM, Morado National-R Axess 40'Low-Floor Bus(Hybrid) $617,378 Yes Q MUA ElDoradoNational-R Passport-Hl) -Floor Bus $218,8I1 Yes MUB ElDorado National-R Passport-HD 35'Low-Floor Bus $223,594 Yes k( NCA Elkhart Coach EC-II,Type III,25 Passenger-(Non ADA Compliant) $52,568 Yes NCB Elkhart Coach. EC-II;Type I11,21 Passenger w/Rear Luggage-(Non ADA $53,054 Yes Compliant) NCC Elkhart Coach EC-11,Type 111,16 Passenger w/2-Wheelchair $55,543 Yes NCD Elkhart Coach F.GB,Type 111,20 Passenger w/2-Wheelchair $56,091 Yes NCE Elkhart Coach ECF1I,Type III,21 Passenger-(Non ADA Compliant) $50,157 Yes EC-B,Type III, 16 Passenger w/Rear Luggage-(Non ADA $50,250 Yes lkhart Coaeit NCF E Compliant) ) NCG Elkhart Coach EC-B,Type 111, 14 Passenger-(Non ADA Compliant) $46,316 Yes 44 NCH Elkhart Coach EC-II,Type 111, 12 Passenger w/2-Wheelchair $50,674 Yes k! NEA Elkhart Coach EC-II,Type Iii, 14 Passenger w/Rear Luggage-(Nan ADA $47,490 Yes Compliant l ~rZBA StarCraft Bus 20'Starlitc 8 Passenger w11 -Wheelchair $49,371 Yes ZBB StarCtaR Bus 20'Starlite 8 Passenger w/2-Wheelchair $49,144 Yes ZBC StarCraft Bus 20'Starlitc 10 Passenger w/1 -Wheelchair $48,925 Yes ZBD StarCraft Bus 20'Starlite 12 Passenger-(Non ADA Compliant) $45,466 Yes t ZBE StarCraft Bus 20'Starlite 13 Passenger-(Non ADA Compliant) $45,570 Yes i ZBF StarCraft Bus 20'Starlite 14 Passenger-(Non ADA Compliant) $45,862 Yes ZBG StarCraft Bus 22'Allstar RE- 8 Passenger w/3-Wheelchair $53,920 Yes ZCA StarCraft Bus 22'Allstar 12 Passenger w/2-Wheelchair,E-350 $52,155 Yes ZCB I StarCrafl Bus 22'Allstar 12 Passenger w/2-Wheelchair,E-450 _$53,697 Yes R C StarCmlt Bus 22'Allstar 21 Passenger E-450-(Non ADA Compliant) $50,092 Yes D StarCraft Bus 24'Allstar 12 Passenger w/2-Wheelchair,E-450 $54,307 E StarCraft Bus 25'Allstar 16 Passengerw/2-Wheelchair,E-450 $55,743 F StarCraft Bus 26'Allstar 16 Passenger w/2-Wheelchair,E-450 $56,003 Yes Page 3 of 4 f � J t 4 Attachment A � Creative Bus Sales,Inc. Buses-Shuttle,Transit,Trams and Other Specialty Buses 4 Contract No.: BTOI-17 J Base Bid Buy Am. Product Manufacturer Description Price Code $$$ Yea or No e LCG StarCraft Bus 25'Allstar 16 Passenger wit-Wheelchair $56,041 Yes ;' ZCH StarCraft Bus 25'Allstar RF 12 Passenger w/3•Wheelchair $56,642 Yes ZCI StarCraft Bits 25'Allstar RF 18 Passenger w/5-Wheelchair $58,309 Yes ZGA StarCraft Bus Allstar XL 550-213-20 Passenger w/2-Wheelchair $74,660 Yes Z,GB StarCraft Bus Allstar XL 550-234-24 Passenger w/2-Wheelchair $76,981 Yes ZGC StarCraft Bus Allstar XL 550-234-30 Passenger-(Nan ADA Compliant) $72,332 Yes R M, ZGD StarCraft Bus Allstar XI..550.234-32 Passenger-(Non ADA Compliant) $72,608 Yes ZGF StarCraft Bus Allstar XL INT TC-28 Passenger w/2-Wheelchair $111,764 Yes "rr ZGr+ StarCraft Bus Allstar XL INT TC-32 Passenger w/2-Wheelchair $112,317 Yes t' ZGG StarCraft Bus Allstar XL INT TC-36 Passenger w/2-Wheelchair $115,226 Yes ZGII StarCraft Bus Allstar XL INT TC-Book Mobile-(Non ADA Compliant) $103,033 No Allstar XL lMr"LC-Prisoner Transport-(Non ADA ZGI Star CrattBus $128,149 No Compliant) ZGJ StarCraft Bus Allstar XL MVP 28 Passenger w/2 Wheelchair $92,362 No ZGK StarCraft Bus Allstar XI MVP 37 Passenger-(Non ADA Compliant) $9t,685 No t f AABA StarTrans Bus Candidate II-8 Passengers w/2-VAcelchiar spaces $49,292 Yes AABB StarTrans Bus Candidate II-13 Passengers-(Non ADA Compliant) $45,735 Yes 4 AACA StarTrans Bus Senator II- 12 Passengers and 2-Wheelchair spaces $52,249 Yes ii AACB StarTrans Bus Senator II- 16 Passengers and 2-Wheelchair spaces $55,789 Yes AACC StarTrans Bus Senator II- 14 Passengers-(Non ADA Compliant) $46,708 Yes AACD StarTrans Bus Senator II-25 Passengers-(Non ADA Compliant) $52,107 Yes AAGA StarTrans Bus Senator HD F550-24 Passengers and 2-Wheelchair spaces $77,314 Yes AAGB StarTrans Bus Senator HD F550-33 Passengers-(Yon ADA Compliant) $73,836 Yes AAGC StarTrans Bus PS2-Freightliner-32 Passengers and 2-Wheelchair spaces $119,603 Yes AAGD StarTrans Bus P82-Freightliner 41 Passenger-(Non ADA Compliant) $116,197 Yes ,.-. r • ,,, ,.. MV-1 (Gas),low floor purpose built parairansit vehicle with ramp,minimum 3 ambulatory and I-Wheelchair passenger. FFFA Mobility Ventures LLC $44,986 YES d 6,600 lbs GVWR,Ford 3.71,EFI V6 and Ford 4R75E electronic 4-speed automatic transmission with overdrive i fN, 4 IICD Berkshire Conch Ultra Typo 3 21 Passenger w/rear luggage-(Non AI)A C;mnpliant} $85,863 No PPPf ll ii 1 Page 4 of 4 a CONTRACT PRICING WORKSHEET Contract BTOI-17 Date 10/10/2018 For MOTOR VEHICLES Only No.: Prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Bating Cily of North Richland Hills connaeNr. Creative Bus Sales.Inc. \gel q: Contact Zane Ryan Piepaied Casey Gaskins Person: Bv: Phone: 817-427-6384 Phone: -469-333-8909 Fox: Fnx: 469-333-8918 Ennil: zryan(J,)nddx.com Emoil: Cascy(!�O),crcativebussalcs.com Produet ZCA Dceeripaon: -22'Allstar 12 Passenger w/2-Wheelchair,E350 Code, A. Product Item Base Unit Price Per Contractor's H-GAC Contract: 52155 B.Published Options-Itemize below-Attach additional sheets)if necessary-Include Option Code in description if applicable. (Note:Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost CB06-034 Heater 65,000 BTU 351.56 CB14-001 DRIVER STORAGE IN CAB OVERHEAD :133.59 CB09-027 Q-8201-L STD RETRACTOR TIE DOWN(2) sl 1 10.94 CB 17-011 DRTVRR SEAT COVER LEVEL 5 140.63 CB17 026 PASSENGER HANDI FLIP SINGLE(2) 717 18 CB 17-056 PASSENGER SEAT COVER LEVEL 5(14)" 1299-34 CB 17-061 PASSENGER-ANTI VANDAL GRAB HANDLE( .295.32 CBI 7-081 PASSENGER-SEAT BELT LOOP(14) 118.16 CBOI-003 HEAVY DUTY ANTI SLIP DRIVER STEP 351.56 CBI O-010 BACK UP CAMERA Rc MONIOTR 1230A7 CB04-002 DELUXE AM/FM/CD DOUBLE DIN 808.59 Subtotal From Additional Shcet(s): 1 11 Subtotal B: 6557.3 C.Unpublished Options-itemize below/attach additional sheet(s)if necessary. (Note:Unpublished options are items which Here not Submitted mud priced in Contractor's bid.) Description _ Cost Description Cost GREY PADDED VINYL INTERIOR(WALLS&CEILING) 368 INTERLOCK PASSENGER DOOR 29 Gcrtlor Sirius NT Anthracite Grey Flooring 251 Subtotal From Additional Sheet(s): REVERSE SENSORS 350 Subtotal C: 1266 Check:Total cost of Unpublished Options(C)catmot exceed 25e/i of the total of the Base Unit For this transaction the Price plus Published Options(A+B). percentage H: 2'% D.Total Cost Before Any Applicable Trade-In/Other Allowances/Discounts(A+B+C) Quantity Ordered: L1 X Subtotal of A+B+C:11 59978.34 = Subtotal D: = 59978.3 E.H-GAC Order Processing Charge(Amount Per Current Policy) Subtotal E: 60 F.Trade-ins/Special Discounts/Other Allowances/Freight/installation/Miscellaneous Charges Description Cost Description Cost FOLDAWAY SEAT CREDIT -750 FREIGHT TO TX 1450 Subtotal F: 70 Delivery Date: G. Total Purchase Price (D+E+F): 61z7s.3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Intl Complete Nos.I -4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos 1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. Creative Bus Sales, Inc. 2018-414459 Irving, TX United States Date Filed: Name of governmental entity or state agency that is a party to the contract for which the form is 10/15/2018 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract, HGAC Buy Contract#BT01-1 7 Paratransit Buses-ZCA 22'Allstar 12 Passenger w/2-Wheelchair, E350 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Gaskins, Casey Irving,TX United States X S Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is L C r ........ ............. ......... and my date of birth is My address is ............. -------- ) ... ... ........ (s (state) (zip code treet ) (country) I declare under penalty of perjury that Inc,foregoing is true and correct. Executed in ............ on the day of I,,/,y ....... ........­County, State of.... --20.n' (month) fyea,i Signature of authorized ages pss entity Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Authorize the City Manager to execute an amended agreement, as grant fiduciary for the North Texas Anti-Gang (TAG) Center, increasing the total annual rate of compensation for the TAG Center Administrator to $140,481.96. PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: As a part of the TAG grant awarded to the City of North Richland Hills (NRH), an administrator position was approved to oversee the operational aspects of the TAG Center. The current total annual rate of compensation for the services rendered by the TAG Center Administrator is $136,252.80. An increase to $139,581.96 was approved in the FY2019 grant budget. GENERAL DESCRIPTION: Pursuant to the 2019 grant award for the TAG Center by the Office of the Governor, the City of North Richland Hills as the grant fiduciary is charged with conducting transactions for the grant on behalf of the TAG Center. As such, the TAG Center Administrator, is compensated for services rendered in equal installments of$11,706.83 per month, which includes $75 per month cell phone allowance. An increase in compensation was approved in the FY2019 TAG grant budget. Effective September 1, 2018, the total compensation for the TAG Center Administrator will be $140,481.96 annually, which includes a $75 per month cell phone allowance. RECOMMENDATION: Authorize the City Manager to execute an amended agreement increasing the total annual rate of compensation for the TAG Center Administrator to $140,481.96. AMENDMENT TO TEXAS ANTI-GANG CENTER ADMINISTRATOR AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Independent Contractor Agreement ("Agreement"), are the City of North Richland Hills, Texas, a home rule municipality located in Tarrant County, Texas ("City"), and ("TAG Center Administrator"). For convenience, the City and the TAG Center Administrator may be referred to collectively as "parties" and individually as a"party." WHEREAS, the parties hereto in 2015 entered into an agreement ("Original Agreement") for contracted services; and, WHEREAS, there is a need to provide a standard and uniform method of reimbursing TAG contractual personnel for Navel-related expenses; and WHEREAS, an increase in salary has been approved in the TAG budget for the TAG Administrator; and NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Section I. Paragraph 1.3 of the Original Agreement are hereby amended to read as follows: 1.3 Compensation. As compensation for the services rendered by the TAG Center Administrator under this Agreement, the City shall pay the TAG Center Administrator monthly payments of$11,706.83,which includes $75 per month cell phone allowance. The total compensation shall be $140,481.96 annually. Equal installments of$11,706.83 are to be received on the last Friday of every month, provided that as a condition precedent to payment, the TAG Center Administrator shall submit to the Chief of Police or designee at least 15 days preceding a payday an invoice for services rendered. The TAG Center Administrator will follow the TAG Travel/Training Reimbursement Policy with Fiduciary City of North Richland Hills for ordinary, necessary and reasonable travel expenses when directly connected with or pertaining to TAG-related business and gang- related training and conferences. The TAG Center Administrator is not entitled to receive and is prohibited from accepting any compensation or other benefit from either the City or from any other person or entiry in exchange for the TAG Center Administrator's services rendered under this Agreement except as provided in this Agreement. Section 2: Except as herein amended, the Original Agreement shall continue in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands this 22"d day of October 2018, in duplicate originals. CITY OF NORTH RICHLAND HILLS, TEXAS: By: By: Mark Hindman, City Manager Texas Anti-Gang Center Administrator Date: Print Name APPROVED AS TO FORM: Date: By: Maleshia Farmer, City Attorney Date: ATTEST: By: Alicia Richardson, City Attorney Date: MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Authorize the City Manager to execute an amended agreement, as grant fiduciary for the North Texas Anti-Gang (TAG) Center, increasing the total annual rate of compensation for the TAG Center Analyst to $66,306.00. PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: As a part of the TAG grant awarded to the City of North Richland Hills (NRH), an analyst position was approved to support the need of staff assigned to the TAG Center. The current total annual rate of compensation for the services rendered by the TAG Center Analyst is $64,538.04. An increase to $65,406.00 was approved in the FY2019 grant budget. GENERAL DESCRIPTION: Pursuant to the 2019 grant award for the TAG Center by the Office of the Governor, the City of North Richland Hills as the grant fiduciary is charged with conducting transactions for the grant on behalf of the TAG Center. As such, the TAG Center Analyst, is compensated for services rendered in equal installments of$5,525.50 per month, which includes $75 per month cell phone allowance. An increase in compensation was approved in the FY2019 TAG grant budget. Effective September 1, 2018, the total compensation for the TAG Center Analyst will be $66,306.00 annually, which includes a $75 per month cell phone allowance. RECOMMENDATION: Authorize the City Manager to execute an amended agreement increasing the total annual rate of compensation for the TAG Center Analyst to $66,306.00. AMENDMENT TO TEXAS ANTI-GANG ANALYST AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Independent Contractor Agreement ("Agreement"), are the City of North Richland Hills, Texas, a home rule municipality located in Tarrant County, Texas ("City"), and ("TAG Analyst"). For convenience, the City and the TAG Analyst may be referred to collectively as "parties" and individually as a "party." WHEREAS, the parties hereto in 2016 entered into an agreement ("Original Agreement") for contracted services; and, WHEREAS, there is a need to provide a standard and uniform method of reimbursing TAG contractual personnel for Navel-related expenses; and WHEREAS, an increase in salary has been approved in the TAG budget for the TAG Analyst; NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acluiowledged, the parties hereby agree as follows: Section I. Paragraph 1.3 of the Original Agreement are hereby amended to read as follows: 1.3 Compensation. As compensation for the services rendered by the TAG Analyst under this Agreement, the City shall pay the TAG Analyst montlily payments of $5,525.50, which includes $75 per month cell phone allowance. The total compensation shall be $66,306.00 annually. Equal installments of $5,525.50 are to be received on the last Friday of every month, provided that as a condition precedent to payment, the TAG Analyst shall submit to the Chief of Police or designee at least 15 days preceding a payday an invoice for services rendered. The TAG Analyst will follow the TAG Travel/Training Reimbursement Policy with Fiduciary City of North Richland Hills for ordinary, necessary and reasonable travel expenses when directly connected with or pertaining to TAG-related business and gang-related training and conferences. The TAG Analyst is not entitled to receive and is prohibited from accepting any compensation or other benefit from either the City or from any other person or entity in exchange for the TAG Analyst's services rendered under this Agreement except as provided in this Agreement. Section 2: Except as herein amended, the Original Agreement shall continue in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands this 22"d day of October 2018, in duplicate originals. CITY OF NORTH RICHLAND HILLS, TEXAS: By: By: Mark Hindman,City Manager Texas Anti-Gang Center Analyst Date: Print Name APPROVED AS TO FORM: Date: By: Maleshia McGinnis, City Attorney Date: ATTEST: By: Alicia Richardson, City Secretary Date: MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: 10-22-2018 SUBJECT: Authorize the City Manager to execute Memoranda of Agreement between North Richland Hills, and the Dallas District Attorney, the City of Lancaster, City of Carrollton and the Department of Public Safety of the State of Texas for reimbursement of overtime salary costs associated with the North Texas Anti-Gang Center Task Force. PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: City Council is being asked to authorize the City Manager to execute Memoranda of Agreement (MOA) between North Richland Hills (NRH), and the Dallas District Attorney, the City of Lancaster, the City of Carrollton and the Department of Public Safety of the State of Texas (DPS) for reimbursement of overtime salary costs directly related to work performed by their officer(s) assigned to the North Texas Anti-Gang Center Task Force (TAG). GENERAL DESCRIPTION: The North Richland Hills Police Department, in cooperation with law enforcement agencies across the area, supports the TAG in its mission to reduce violent crime and related activities that are perpetrated by gangs. Local municipal and county agencies that have officer(s) assigned to TAG investigations are responsible for making payments of overtime to the officer(s) during the period of assignment to TAG. Subject to availability of funds and to the extent they are included in TAG's approved fiscal year budget, NRH, as the fiduciary agent for the grant funding the TAG, will reimburse the Dallas District Attorney, the City of Lancaster, the City of Carrollton, and DPS for overtime payments made to the officer(s) participating in the TAG, up to a maximum sum equivalent to 25 percent of the salary of a GS-12, Step 1-RUS Employee. The term of each MOA shall be effective September 1, 2018 and will remain in effect until August 31, 2019. NRH will be responsible only for obligations incurred by the agencies during the term of the MOA. RECOMMENDATION: To authorize the City Manager to execute Memoranda of Agreement between North Richland Hills, the Dallas District Attorney, the City of Lancaster, the City of Carrollton and the Department of Public Safety of the State of Texas for reimbursement of overtime salary costs associated with the North Texas Anti-Gang Center Task Force. MEMORANDUM OF AGREEMENT Between the City of North Richland Hills and the City of Carrollton For Reimbursement of Overtime Salary Costs Associated with the North Texas Anti-Gang Center Task Force I. PURPOSE This Memorandum of Agreement, hereinafter referred to as "MOA,"is made this 111 day of September, 2018 between the City of North Richland Hills, hereinafter referred to as "NRH," and the City of Carrollton, hereinafter referred to as "Carrollton" for the purpose of reimbursement of overtime salary costs directly related to work performed by the Carrollton officer(s)in providing resources to assist the North Texas Anti-Gang Center Task Force, hereinafter referred to as "TAG." II. CONDITIONS AND PROCEDURES A. Carrollton will be responsible for making payments of overtime to its officer(s) during the period of assignment to TAG.Subject to availability of funds and to the extent they are included in TAG's approved fiscal year budget, NRH will reimburse Carrollton for overtime payments made by Carrollton to its officer(s) assigned to TAG investigations/assignments, up to a maximum sum equivalent to 25 percent of the salary of a GS-12, Step 1-RUS Employee or any maximum amount less than this as approved by the TAG Board of Directors. Overtime costs will not include benefits such as paid annual leave, compensatory leave, sick leave, holiday leave or retirement. All reimbursable hours of overtime work covered under this MOA must be approved in advance by the TAG Administrator. B. Carrollton will submit all requests for reimbursable payments,together with the appropriate documentation as to time and activity reports,to the TAG Administrator by the 10th day of each subsequent month that the agency is seeking reimbursement. Carrollton will submit the request for reimbursement via email to TAGAdmin @texomahidta.org or mail to the following address: North Texas TAG,Attn:Todd Reichert 8404 Esters Blvd. Suite 100, Irving,Texas 75063. C. Circumstances of this MOA deem Carrollton to be a single source provider of the services for their employees covered under this agreement. III. DURATION The term of this MOA shall be effective from the date in paragraph one and will remain in effect until August 31, 2019. This MOA may be modified or terminated by either one of the parties by mutual consent. Billing for all outstanding obligations must be received by NRH within 60 days of the date of termination of this agreement. NRH will be responsible only for obligations incurred by Carrollton during the term of this MOA. IN WITNESS WHEROF,the following authorized representatives execute this agreement: City of North Richland Hills City of Carrollton BY: BY* to GeVA �M,hY�04m ' Mark Hindman, City Manager Printed&me and e Date: Date: Attest: Alicia Richardson, City Secretary Approved as to Form: Maleshia McGinnis, City Attorney MEMORANDUM OF AGREEMENT Between the City of North Richland Hills and the Department of Public Safety of the State of Texas For Reimbursement of Overtime Salary Costs Associated with the I. PURPOSE North Texas Anti-Gang Center Task Force This Memorandum of Agreement, hereinafter referred to as "MOA," is made between the City of North Richland Hills, hereinafter referred to as "NRH," and the Department of Public Safety of the State of Texas, hereinafter referred to as "DPS" for the purpose of reimbursement of overtime salary costs directly related to work performed by the DPS officer(s) in providing resources to assist the North Texas Anti-Gang Center Task Force, hereinafter referred to as"TAG." II. CONDITIONS AND PROCEDURES A. DPS will be responsible for making payments of overtime to its officer(s) during the period of assignment to TAG. Subject to availability of funds and to the extent they are included in TAG's approved fiscal year budget, NRH will reimburse DPS for overtime payments made by DPS to its officer(s) assigned to TAG investigations/assignments, up to a maximum sum equivalent to 25 percent of the salary of a GS-12, Step 1-RUS Employee or any maximum amount less than this as approved by the TAG Board of Directors.Overtime costs will not include benefits such as I paid annual leave,compensatory leave,sick leave, holiday leave or retirement.All reimbursable hours of overtime work covered under this MOA must be approved in advance by the TAG Administrator. B. DPS will submit all requests for reimbursable payments,together with the appropriate documentation as to time and activity reports, to the TAG Administrator by the 10"' day of each subsequent month that the agency is seeking reimbursement. DPS will submit the request for reimbursement via email r to TAGAdminC°,7texomahidta.ora or mall to the following address: North Texas TAG, Attn: Todd Reichert 8404 ) Esters Blvd,Suite 100, Irving,Texas 75063. C. Circumstances of this MOA deem DPS to be a single source provider of the services for their employees covered w under this agreement. V Ill. DURATION The term of this MOA will be effective from the date of execution and will rernam in effect until August 31,2019. However, NRH and DPS agree that performance began on September 1, 2018, and that a subsequent effective date does not prevent DPS from drawing down grant funds under this MOA.This MOA may be modified or terminated ¢ by either one of the parties by mutual consent. Billing for all outstanding obligations must be received by NRH within 60 days of the date of termination of this agreement. NRH will be responsible only for obligations incurred by DPS during the term of this MOA. i IN WITNESS WHEROF,the following authorized representatives execute this agreement: f City of North Richland Hills Department of Public Safety Mark Hindman, City Manager Randall B. Prince, Deputy Director, Law Enforcement Operations Date:_ _ Date: 113 Attest: ez .;l -------- -------- Aliria Richardson, City Secretary Approved as to Form: Maleshia McGinnis, City Attorney i MEMORANDUM OF AGREEMENT Between the City of North Richland Hills and the City of Lancaster For Reimbursement of Overtime Salary Costs Associated with the North Texas Anti-Gang Center Task Force I. PURPOSE This Memorandum of Agreement,hereinafter referred to as "MOA," is made this 1"day of September, 2018 between the City of North Richland Hills, hereinafter referred to as "NRH," and the City of Lancaster, hereinafter referred to as "Lancaster," for the purpose of reimbursement of overtime salary costs directly related to work performed by the Lancaster officer(s) in providing resources to assist the North Texas Anti-Gang Center Task Force, hereinafter referred to as "TAG." II. CONDITIONS AND PROCEDURES A. Lancaster will be responsible for making payments of overtime to its officer(s)during the period of assignment to TAG. Subject to availability of funds and to the extent they are included in TAG's approved fiscal year budget, NRH will reimburse Lancaster for overtime payments made by Lancaster to its officer(s) assigned to TAG investigations/assignments, up to a maximum sum equivalent to 25 percent of the salary of a GS-12, Step 1-RUS Employee or any maximum amount less than this as approved by the TAG Board of Directors. Overtime costs will not include benefits such as paid annual leave, compensatory leave, sick leave, holiday leave or retirement. All reimbursable hours of overtime work covered under this MOA must be approved in advance by the TAG Administrator. B. Lancaster will submit all requests for reimbursable payments, together with the appropriate documentation as to time and activity reports, to the TAG Administrator by the 101x'day of each subsequent month that the agency is seeking reimbursement. Lancaster will submit the request for reimbursement via email to TAGAdmin@texomahidta.org or mail to the following address: North Texas TAG,Attn:Todd Reichert 8404 Esters Blvd. Suite 100, Irving,Texas 75063. C. Lancaster agrees that an authorized official will execute and return to NRH the attached Vendor Information Form, W-9 and ACH Request to facilitate reimbursable payments. Circumstances of this MOA deem Lancaster to be a single source provider of the services for their employees covered under this agreement. III. DURATION The term of this MOA shall be effective from the date in paragraph one and will remain in effect until August 31, 2019. This MOA may be modified or terminated by either one of the parties by mutual consent. Billing for all outstanding obligations must be received by NRH within 60 days of the date of termination of this agreement. NRH will be responsible only for obligations incurred by Lancaster during the term of this MOA. IN WITNESS WHEROF, the following authorized representatives execute this agreement: City of North Richland Hills City of Lancaster BY: BYJ/ .! Mark Hindman, City Manager Printed Name and Title o lJ Date: Date: Attest: Alicia Richardson, City Secretary Approved as to Form: Maleshia McGinnis, City Attorney MEMORANDUM OF AGREEMENT. Between the City of North Richland Hills and the Dallas District Attorney For Reimbursement of Overtime Salary Costs Associated with the North Texas Anti-Gang Center Task Force I. PURPOSE This Memorandum of Agreement,hereinafter referred to as"MOA,"is made this 1"day of September,2018 between the City of North Richland Hills,hereinafter referred to as"NRH,"and the Dallas District Attorney,hereinafter referred to as"Dallas DA"for the purpose of reimbursement of overtime salary costs directly related to work performed by the Dallas DA officer(s) in providing resources to assist the North Texas Anti-Gang Center Task Force,hereinafter referred to as"TAG," 11. CONDITIONS AND PROCEDURES A. Dallas DA will be responsible for making payments of overtime to its officer(s)during the period of assignment to TAG.Subject to availability of funds and to the extent they are Included in TAG's approved fiscal year budget,NRH will reimburse Dallas DA for overtime payments made by Dallas DA to its officer(s) assigned to TAG investigations/assignments, up to a maximum sum equivalent to 25 percent of the salary of a GS-12,Step 1-RUS Employee or any maximum amount less than this as approved by the TAG Board of Directors.Overtime costs will not include benefits such as paid annual leave, compensatory leave, sick leave, holiday leave or retirement. All reimbursable hours of overtime work covered under this MOA must be approved in advance by the TAG Administrator. B. Dallas DA will submit all requests for reimbursable payments, together with the appropriate documentation as to time and activity reports,to the TAG Administrator by the 10th day of each subsequent month that the agency is seeking reimbursement. Dallas DA will submit the request for reimbursement via email to TAGAdminf&texomahidta.org or mail to the following address: North Texas TAG, Attn: Todd Reichert 8404 Esters Blvd.Suite 100, Irving,Texas 75063. C. Circumstances of this MOA deem Dallas DA to be a single source provider of the services for their employees covered under this agreement. 111. DURATION The term of this MOA shall be effective from the date in paragraph one and will remain in effect until August 31,2019, This MOA may be modified or terminated by either one of the parties by mutual consent. Billing for all outstanding obligations must be received by NRH within 60 days of the date of termination of this agreement. NRH will be responsible only for obligations incurred by Dallas DA during the term of this MOA. IN WITNESS WHEROF,the following authorized representatives execute this agreement: City of North Richland Hills Dallas Distri�ttorne BY: BY: Mark Hindman,City Manager Printed Name and Title Date: Date: Attest: Alicia Richardson,City Secretary Approved as to Form: Maleshia McGinnis,City Attorney MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Consider Resolution No. 2018-032, appointing members to the Youth Advisory Committee for the 2018/2019 Academic Year. PRESENTER: Kristin James, Assistant to the City Manager SUMMARY: The Youth Advisory Committee (YAC) currently has six vacancies. Below is a recommendation to fill five of those vacancies, which will bring the committee to fifteen members. The committee is allowed up to sixteen members. GENERAL DESCRIPTION: The Youth Advisory Committee (YAC) currently has six vacancies. The following five new members are recommended for appointment: Ingrid Garcia, Richland High School - Grade 11 Imani Kayembe, Richland High School - Grade 11 Kat Mills, Richland High School - Grade 10 Asher Pierce, Birdville High School - Grade 11 Keegan Pierce, Birdville High School - Grade 11 These new appointments are in accordance with the Section 2-171 of the North Richland Hills Code of Ordinances. YAC has ten members that are returning in good standing. Including: Jody Clark— Richland High School — Grade 11 Cynthia Cruz Segura — Richland High School — Grade 11 Johnathan Garner— Richland High School — Grade 12 Naia Watkins-Garner— Richland High School — Grade 11 Ali Gleaves — Richland High School — Grade 11 Callee Lewis— Richland High School — Grade 11 Randy Rangel — Birdville High School — Grade 11 Shelby Thomason — Richland High School — Grade 11 Sydney Thomason — Richland High School — Grade 11 Emily Wallace — Richland High School — Grade 11 RECOMMENDATION: Approve Resolution No. 2018-032. RESOLUTION NO. 2018-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPOINTING MEMBERS TO THE YOUTH ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, the Youth Advisory Committee is to consist of up to sixteen members from area private schools, public high schools or accredited secondary schools who are residents of North Richland Hills; and WHEREAS, appointed members serve a one year term, unless appointed to fulfill an unexpired term; and WHEREAS, members whose terms are expiring, who are not graduating, and are in good standing are eligible to re-apply; and WHEREAS, all re-appointments are automatic and do not need City Council Approval, if the members are not graduating and are in good standing; and WHEREAS, the Youth Advisory Committee currently has six vacancies; and WHEREAS, the Youth Advisory Committee Chairperson, with the support of the returning members of the Committee, has submitted five nominations for consideration by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The Youth Advisory Committee has ten members returning in good standing, including: TERM EXPIRES Jody Clark— Richland High School — Grade 11 August 1, 2019 Johnathan Garner— Richland High School — Grade 12 August 1, 2019 Naia Watkins-Garner— Richland High School — Grade 11 August 1, 2019 Ali Gleaves — Richland High School — Grade 11 August 1, 2019 Callee Lewis— Richland High School — Grade 11 August 1, 2019 Randy Rangel — Birdville High School — Grade 11 August 1, 2019 Cynthia Cruz Segura — Richland High School — Grade 11 August 1, 2019 Shelby Thomason — Richland High School — Grade 11 August 1, 2019 Sydney Thomason — Richland High School — Grade 11 August 1, 2019 Resolution No. 2018-032 Page 1 of 3 Emily Wallace — Richland High School — Grade 11 August 1, 2019 SECTION 3. The following members have been nominated for approval by majority of the City Council to the Youth Advisory Committee: TERM EXPIRES Ingrid Garcia — Richland High School — Grade 11 August 1 , 2019 Imani Kayembe — Richland High School — Grade 11 August 1 , 2019 Katherine Mills — Richland High School — Grade 10 August 1, 2019 Asher Pierce — Birdville High School — Grade 11 August 1 , 2019 Keegan Pierce — Birdville High School — Grade 11 August 1 , 2019 SECTION 4. This Resolution shall take effect and be in full force and effectfrom and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED on this 22 day of October, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Mark Hindman, City Manager Resolution No. 2018-032 Page 2 of 3 Resolution No. 2018-032 Page 3 of 3 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Consider Resolution No. 2018-031, appointing a member to the Teen Court Advisory Board. PRESENTER: Traci Henderson, Assistant City Secretary SUMMARY: The City Council is being asked to consider Resolution No. 2018-031, appointing a member to the Teen Court Advisory Board. GENERAL DESCRIPTION: Each year, the City Council appoints members of the public to serve on various boards, commissions and committees ('Boards"). Appointed members serve a two-year term, unless appointed to fulfill an unexpired term. These annual appointments coincide with City Council terms—Places 1, 3, 5 and 7 are appointed in odd-numbered years and Places 2, 4, 6 and mayoral appointments in even-numbered years. Each member services until their successor has been duly appointed and qualified. As you recall, Council approved Ordinance No. 3479 last year amending the membership requirements for Place 1 on the Teen Court Advisory Board, and standardizing the terms of said advisory board members to coincide with terms of other city boards and commissions. Place 1 on the Teen Court Advisory Board shall be a resident of North Richland Hills who is a high school student enrolled in the Birdville Independent School District, Keller Independent School District, a private school or a charter school. Places 2 through 7 on the Teen Court Advisory Board shall be residents of the city. Council member Rodriguez is recommending the appointment of Lauryn Birkes to serve in Place 1 as the high school student on the Teen Court Advisory Board with a term expiring in June 2019. Lauryn is a student at Birdville High School. RECOMMENDATION: Approve Resolution No. 2018-031. RESOLUTION NO. 2018-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING A MEMBER TO THE TEEN COURT ADVISORY BOARD; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members serve a two-year term, unless appointed to fulfill an unexpired term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 3, 5, and 7 being appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, Council desires to fulfill the vacancy in Place 1 on the Teen Court Advisory Board. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The following member has been submitted for nomination and approved by a majority of the City Council. Teen Court Advisory Board Lauryn Birkes Place 1 Term expiring June 2019 SECTION 3. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED this the 22"d day of October, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Resolution No. 2018-031 Page 1 of 2 ATTEST: Traci Henderson, Assistant City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Resolution No. 2018-031 Page 2 of 2 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Consider Resolution No. 2018-033, appointing a member to the Civil Service Commission. PRESENTER: Traci Henderson, Assistant City Secretary SUMMARY: The City Council is being asked to consider Resolution No. 2018-033, appointing a member to the Civil Service Commission. A member must be of good moral character, a citizen of the United States, a citizen of the city and reside in the city for a period of one year, must be at least 21 years of age and shall not have held any public office nor been a paid employee of the city within the preceding three years. GENERAL DESCRIPTION: Members are appointed by the mayor and confirmed by a 2/3 vote of the City Council. Positions 2 and 4 shall be appointed from a list or lists of nominees provided to the mayor by the city employee associations. If no list is presented by any association, the Mayor may make the appointment as he deems fit. Terms vary with Positions 1 and 2 being one-year terms; Positions 3 and 4 being two- year terms; and Position 5 being a three-year term. The ex-officio serves a two-year term. Mayor Trevino is recommending the appointment of Melissa Kates moving her from the Place of Ex-Officio to Position 3 with a term expiring in June 2019. This recommendation is to fill the vacancy of Position 3 as a result of the resignation of Tony Rader, who moved from within city limits of North Richland Hills. RECOMMENDATION: Approve Resolution No. 2018-033. RESOLUTION NO. 2018-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING A MEMBER TO THE CIVIL SERVICE COMMISSION; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members in Positions 1 and 2, serve a one year term; Positions 3 and 4, serve a two year term; and Position 5, serves a three year term. The ex-officio(s) serve a two year term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 3, 5, and 7 being appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, the Mayor desires to fulfill the vacancy in Position 3 on the Civil Service Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The following member has been submitted for nomination and approved by a majority of the City Council. Civil Service Commission Melissa Kates Position 3 Term expiring June 2019 SECTION 3. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED this the 22nd day of October, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Resolution No. 2018-033 Page 1 of 2 ATTEST: Traci Henderson, Assistant City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Resolution No. 2018-033 Page 2 of 2 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 22, 2018 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Early voting for the November 6 general election began today and continues through November 2. Registered voters may vote early at the Dan Echols Center in North Richland Hills or at any other early voting location in Tarrant County. Polling locations and a sample ballot can be found on the Tarrant County Elections website. If you have questions, please contact the Tarrant County Elections Office at 817-831-8683. Join us for Hoot n' Howl this Saturday, October 27 from 5 to 9 p.m. at Green Valley Park. Activities include a costume parade, haunted hayride, midway games, puppet show and candy for all. Admission, parking and activities are free. Concessions will be available for purchase. Contact the Parks Department for more information. North Richland Hills residents can get rid of unwanted bulky items during the annual Fall Community Cleanup on Saturday, October 27. Items can be dropped off from 9:00 a.m. to noon at the parking lot of Tarrant County College Northeast Campus. Please visit our website or contact Neighborhood Services for a list of items that will be accepted. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Julie Nichols in the Water Department — A resident was so impressed with the service provided by Julie that she hand-wrote a short letter and carried it into the Water Department. She had contacted the office about a payment plan and said that Julie was very professional, knowledgeable and pleasant to work with. "Julie has great customer relation skills," she said.