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Home My WebLink AboutCC 2020-09-28 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, SEPTEMBER 28, 2020 WORK SESSION: 6:00 PM Held in the Council Workroom CALL TO ORDER 1. Discuss items on regular City Council meeting. 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. 1 Section 551.071: Consultation with City Attorney to Seek Advice About Pending or Threatened Litigation or Settlement Offer - City of North Richland Hills v. Lafonda Joy Dixon, aka Lafonda Moore Dixon and 4916 Eldorado Drive, in rem, Cause No. 352-313751-9, in the 352nd Judicial District Court, Tarrant County, Texas. Monday, September 28, 2020 City Council Agenda Page 1 of 4 2 Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - Municipal Court Administrator 3 Section 551.072: Deliberate the purchase, exchange, lease or value of real property - approximately 29,250 square feet (0.67 acre) of right-of-way for Nancy Lane in the 4700 and 4800 block between Short Street and Northeast Loop 820. 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 - MAYOR PRO TEM TURNAGE A.2 PLEDGE - MAYOR PRO TEM TURNAGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 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 City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the regular September 14, 2020 City Council meeting. Monday, September 28, 2020 City Council Agenda Page 2 of 4 B.2 Approve purchase from Library Interiors of Texas LLC., for moving services for Capital Improvement Project FC2001 Carpet Replacement, at the Public Library at 9501 Grand Ave, in the amount of $92,960.76 through Buy Board Contract No. 584-19. B.3 Approve purchase from Vector Concepts, Inc. for floor coverings for Capital Improvement Project FC2001 Carpet Replacement, at the Public Library, at 9501 Grand Ave, in the amount of $228,979.79 through Buy Board Contract No. 561-18 and approve associated budget revision. BA Authorize the purchase of six new LUCAS 3 Chest Compression Systems from Stryker Corporation for all City of North Richland Hills ambulances in the amount of$94,177. B.5 Consider awarding RFP 20-026, a one-year contract with four additional one-year renewal options, to Casco Industries Inc., for the purchase of firefighting clothes/bunker gear in an annual amount not to exceed $60,285. C. PUBLIC HEARINGS C.1 ZC 2020-08, Ordinance No. 3666, Public hearing and consideration of a request from Slade Stephens for a zoning change from AG (Agricultural) to R-2 (Single-Family Residential) at 8416 Franklin Court, being 0.23 acres described as Lot 15, Thomas Peck Subdivision. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E.1 Consider a professional services agreement with Freese and Nichols, Inc. in an amount not to exceed $66,370 for preparation of the Risk and Resiliency Assessment as part of the Utility Risk and Resiliency Assessment Project (UT2006). E.2 Consider a professional services agreement with Freese and Nichols, Inc. in an amount not to exceed $56,930 for preparation of the Emergency Response Plan as part of the Utility Risk and Resiliency Assessment Project (UT2006). F. GENERAL ITEMS Monday, September 28, 2020 City Council Agenda Page 3 of 4 F.1 Consider Ordinance No. 3667, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2020 Rate Review Mechanism Filing. 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 WELCH H.1 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, September 25, 2020 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, September 28, 2020 City Council Agenda Page 4 of 4 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 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. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 SUBJECT: Approve minutes of the regular September 14, 2020 regular City Council meeting. PRESENTER: Alicia Richardson, 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 September 14, 2020 regular City Council meeting. MINUTES OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE SEPTEMBER 14, 2020 REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order September 14, 2020 at 7.01 p.m. Present: Oscar Trevino Mayor Tito Rodriguez Deputy Mayor Pro Tem, Place 1 Rita Wright Oujesky Council, Place 2 Suzy Compton Council, Place 3 Mason Orr Associate Mayor Pro Tem, Place 4 Mike Benton Council, Place 5 Scott Turnage Mayor Pro Tem, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary/Chief Governance Officer Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Benton gave the invocation. A.2 PLEDGE Council member Benton led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 PUBLIC COMMENTS September 14, 2020 City Council Meeting Minutes Page 1 of 7 There were no requests to speak from the public. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE AUGUST 3, 13 AND 17, 2020 SPECIAL CITY COUNCIL MEETINGS. B.2 APPROVE MINUTES OF THE REGULAR AUGUST 24, 2020 CITY COUNCIL MEETING. B.3 CONSIDER AWARD OF BID NO. 20-025 TO DRISCOLL AUTOMATIC INC., FOR FC2101 CITY HALL UNINTERRUPTED POWER SUPPLY (UPS) BATTERY REPLACEMENT AT 4301 CITY POINT DR., IN THE AMOUNT OF $67,499. B.4 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH UNIFIRST CORP., FOR THE RENTAL OF UNIFORMS, INDUSTRIAL MATS, SUPPLIES AND ACCESSORIES THROUGH BUYBOARD CONTRACT NUMBER 587-19, FOR AN AMOUNT NOT TO EXCEED $90,000IN TOTAL FOR THE REMAINING TWO YEAR CONTRACT PERIOD. C. PUBLIC HEARINGS There were no items for this category. D. PLANNING AND DEVELOPMENT D.1 FP 2020-07 CONSIDERATION OF A REQUEST FROM ION DESIGN GROUP FOR A FINAL PLAT OF CITY POINT ADDITION PHASE 1, BEING 22.5353 ACRES LOCATED AT 4400 CITY POINT DRIVE. APPROVED Director of Planning Clayton Comstock informed City Council the applicant is requesting September 14, 2020 City Council Meeting Minutes Page 2 of 7 a final plat for 22.5353 acres located at 4400 City Point Drive. The area is designated on the Comprehensive Land Use Plan as urban village and the current zoning is nonresidential planned development. Mr. Comstock provided site photos of the property. Applicant representative Bryan Klein with Ion Design Group, located at 7075 Twin Hills Avenue, Suite 350, Dallas presented request. The development includes a hotel site, 3.5 acres of multi-family and 159 single-family residential lots consisting of 93 urban home lots and 66 townhome lots. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their August 20, 2020 meeting, recommended approval with a vote of 6-0, with the conditions outlined in the Development Review Committee (DRC) comments. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY ASSOCIATE MAYOR PRO TEM ORR TO APPROVE FP 2020-07 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE'S (DRC) COMMENTS. MOTION TO APPROVE CARRIED 7-0. D.2 ORDINANCE NO. 3663, CONSIDERATION OF A REQUEST FROM CONVERGENCE CAPITAL, LLC FOR A VARIANCE TO THE DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOL FOR ON-PREMISE CONSUMPTION ON 8.443 ACRES IN THE 9000 BLOCK OF MID-CITIES BOULEVARD AND DESCRIBED AS TRACT 12G, TANDY K. MARTIN SURVEY, ABSTRACT 1055. APPROVED Director of Planning Clayton Comstock informed City Council the applicant is requesting a variance to the distance requirements for the sale of alcohol for on-premise consumption for 8.443 acres in the 9000 block of Mid Cities Boulevard. Mayor Trevino disclosed that he had a working relationship with Rhonda Berry and Convergence Capital for the construction of his office building and a home. The construction on both projects are complete. Applicant representative Rhonda Berry, 1214 Powder River Trail, Southlake presented request. Ms. Berry informed City Council that Convergence Capital CEO Mike Standish has met with the following restaurants Heim Barbeque, Seven Mile Cafe and HG Supply Company about the proposed development. Ms. Berry informed City Council they are seeking a minor variance to the alcohol distance restrictions for on-premise consumption to secure restaurants. Ms. Berry informed City Council the request is to consider a September 14, 2020 City Council Meeting Minutes Page 3 of 7 variance to the distance requirements for the sale of alcohol for on-premise consumption within 300' of Birdville High School. Ms. Berry shared with City Council the following would apply to the designated restaurant area: (1) limited hours of operation, close by 10.00 p.m. on weekdays and midnight on the weekends; (2) restaurants not to exceed 30% of on-premise alcohol sales as a percentage of total sales; (3) no beer and wine stores, convenience stores or other establishments that sell off-premise consumption and (4) the designated area is greater than 300 "pedestrian" feet from Birdville High School campus property line. Ms. Berry commented that Convergence Capital would not own or operate any of the restaurants. She shared with City Council deed restrictions that would run with the land would incorporate language regarding restrictions of alcohol sales. Ms. Berry requested City Council reconsider Exhibit B, item 6 that does not allow the variance to be transferred to another location, assigned or otherwise transferred to another entity without prior approval from the City Council. Ms. Berry commented they need to have the ability to assign or transfer the variance during their negotiations with prospective restaurants. Mayor Trevino announced at 7.31 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, Section 551.071. Consultation with City Attorney to seek advice regarding item D.1 , Ordinance No. 3663. Executive Session began at 7.33 p.m. and concluded at 7.47 p.m. Mayor Trevino reconvened City Council at 7.49 p.m., with same members present. City Council and Ms. Berry discussed the access points to the development and location of restaurants. Mr. Comstock clarified the development would have a full access drive (located across from the high school) for the development that would allow patrons to go eastbound when exiting the development. A MOTION WAS MADE BY COUNCIL MEMBER WELCH TO APPROVE ORDINANCE NO. 3663 WITH THE EXCEPTION THAT THE VARIANCE BE TRANSFERABLE TO ANOTHER ENTITY UPON INITIAL PURCHASE FROM CONVERGENCE CAPITAL, BUT THAT ANY ADDITIONAL SUBSEQUENT TRANSFERS OF THE VARIANCE TO ANOTHER ENTITY WILL REQUIRE CITY COUNCIL APPROVAL. MOTION TO APPROVE CARRIED 7-0. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS September 14, 2020 City Council Meeting Minutes Page 4 of 7 FA CONSIDER ORDINANCE NO. 3664, ALL MATTERS INCIDENT AND RELATED TO THE SALE AND ISSUANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2020, INCLUDING THE ADOPTION OF ORDINANCE NO. 3664, AUTHORIZING THE ISSUANCE OF SUCH CERTIFICATES OF OBLIGATION. APPROVED Director of Finance Mark Mills introduced items F.1, sale and issuance of Tax and Waterworks and Sewer System Revenue Certificates of Obligation and F.2, sale and issuance of General Obligation Bonds. The projects receiving funds from the issuance of Certificates of Obligation include Iron Horse Boulevard and Hightower/Davis signalization. The project receiving funds from the issuance of General Obligation Bonds include the reconstruction of approximately 2,700 linear feet of Glenview from Boulevard 26 to Flory Street. Hilltop Securities, LLC Managing Director Laura Alexander reviewed the bond sale documents with City Council and was available to answer questions. A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3664, THE SALE AND ISSUANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2020 AND ALL INCIDENT AND RELATED MATTERS. MOTION TO APPROVE CARRIED 7-0. F.2 CONSIDER ORDINANCE NO. 3665, ALL MATTERS INCIDENT AND RELATED TO THE SALE AND ISSUANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION BONDS, SERIES 2020, INCLUDING THE ADOPTION OF ORDINANCE NO. 3665, AUTHORIZING THE ISSUANCE OF SUCH BONDS AND ALL INCIDENT AND RELATED MATTERS. APPROVED This item was presented in conjunction with item F.1. September 14, 2020 City Council Meeting Minutes Page 5 of 7 A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM ORR, SECONDED BY MAYOR PRO TEM TURNAGE TO APPROVE ORDINANCE NO. 3665, ALL MATTERS INCIDENT AND RELATED TO THE SALE AND ISSUANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION BONDS, SERIES 2020, INCLUDING THE ADOPTION OF ORDINANCE NO. 3665, AUTHORIZING THE ISSUANCE OF SUCH BONDS AND ALL INCIDENT AND RELATED MATTERS. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council convened into Executive Session earlier in the meeting as authorized by Chapter 551, Texas Government Code, Section 551.071: Consultation with City Attorney to seek advice about item D.2. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tern Turnage made the following announcements. After a 10-month renovation of the course and clubhouse, Iron Horse Golf Course will celebrate its grand reopening with a tournament on Friday, September 18. Please contact the golf course for more information. The City of NRH reminds all residents to take steps to protect themselves from West Nile Virus and other diseases carried by mosquitoes. Remember to wear insect repellent whenever you spend time outdoors and eliminate standing water where mosquitoes breed around your home. You can find a backyard checklist of eliminating mosquitoes on our website. Kudos Korner - Terry Wreay in Public Works - A citizen emailed her appreciation for Terry, after he came upon her bicycle accident and stopped to help. He stayed on the scene with her until the ambulance arrived and delivered the bicycle back to her house safely. "That was over and above your duties and so appreciated," she said. "Thank you for all your help, thank you for all you do for our city, and I am happy to know we have a good man working out there in the city for us." I. ADJOURNMENT Mayor Trevino adjourned the meeting 8.07 p.m. September 14, 2020 City Council Meeting Minutes Page 6 of 7 Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer September 14, 2020 City Council Meeting Minutes Page 7 of 7 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 SUBJECT: Approve purchase from Library Interiors of Texas LLC., for moving services for Capital Improvement Project FC2001 Carpet Replacement, at the Public Library at 9501 Grand Ave, in the amount of$92,960.76 through Buy Board Contract No. 584-19. PRESENTER: Chris Amarante, Director of Facilities & Construction SUMMARY: City Council is being asked to approve a purchase from Library Interiors of Texas LLC., for moving services for Capital Improvement Project FC2001 Carpet Replacement, at the Public Library at 9501 Grand Ave, in the amount of $92,960.76 through Buy Board Contract No. 584-19. GENERAL DESCRIPTION: The Public Library carpet is the original carpet. The Public Library sees on average 250,000 visitors each year. The floor coverings are at the end of their life expectancy. Capital Improvement Project FC 2001 was created to replace the floor coverings and it was approved in the fiscal year 2019-2020 budget. This process consists of two phases. Phase one is moving shelving and phase two is removal and replacement of floor coverings. This agenda item is for phase one of the project. In order to perform the floor covering removal and replacement, the library shelving must be moved and staged. Once the new floor coverings are installed the shelving can be moved from the staged areas to its final locations. Library Interiors of Texas LLC., is a specialized contractor who can perform this type of moving services. Library Interiors of Texas, LLC., participates in the Buy Board cooperative purchasing program. By participating in the Buy Board cooperative purchasing program, the city is meeting all state competitive bidding requirements for this purchase. Staff has reviewed the pricing from Library Interiors and believes that participation in this program would be cost effective to the city. RECOMMENDATION: Approve purchase from Library Interiors of Texas LLC., for moving services for Capital Improvement Project FC2001 Carpet Replacement, at the Public Library at 9501 Grand Ave, in the amount of$92,960.76 through Buy Board Contract No. 584-19. lLq Lq O � � O lf) O 000 CV CO 0 O O O n T- CV � CV a qr- till O o�0inZ p ui i6 N O O O u u LO LO O U ❑ d LO O O O d ~ o ~ £f3 Co O] d N U C n U a o O co X C L En N N N C L 00 0 O 0 O LO O OO J Ea Co O] n Co CU O O O LO LO O J LO O CU ffl CD 0] n O co a a N CID C O_ `a C U o m - OV 0 O U O O 00 O., C .0 O m U Co t 0) C m E C N O z `w O D Z CL s m m o c u C1 o ❑ >c O = ai = ° cn ° U 2NJ J CO -0 E N N L _ J > �O m -o m m 07 m N .mu o y C L U _ w Q N U m U m m F o imCJ N cn N U7 U o y -C LO L m 0 m ❑ m FD `a � 0 0 O m m0 0m � .ra m Q N OO td J L O d m o N N U u U U u 13 �G 7 S0, ,G O O _ J 0] LU F- M U O . X X 0 � L H H o u En cc ❑ 00 D_ a N u � L 00 CO000 = ai = tYL ai W L � -0 Q -0 E — ; ul -a z M C7 m m s 07 l p,X Q Q _0 CD C Y � c00om U m U `mom z z m 00 CO MC-9M m � cs 0 U)a M 3 00 CO -C LO L = u IM0 0 o M Y M 00 0 0 O m _L M o L]. LL Z m Z U 00 q S N C O q7 m 00 0 u x — CU O] d IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII[IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ° AID 01= NRH CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between Library Interiors of Texas, LLC. ("Vendor"") and the Cfty of North Richland Hills, ("Customer" or "Authorized Customer"), a,rexas government entity, and a Customer as defined in Section N/i)- . of the Agreement between the [BuyBcard]and Vendor, (Contract No. 584-1 as,amended, (the "Agree nient")with an effective date of 04/01120191, This Customer Agreement shall be governed by the terms and conditions of the[Agreement], which is incorporated herein by reference and is avallaNe online at https,://app.buyboard.com/Search/Index?SearchTerm=584- 19&DiscountProductld=-1 or upon request frorn Vendor, and the attached Quote/Purchase Order No. 0310012. The Agreement expires on 03/31/2022, Authorized Customer is eligible and desires,to purchase Library moving services and shelving casters pursulant to the terms and conditions of the [Agreement] as, the [ BuyBoard ] may specify from time to time, as well as the tenns,and conditions of this, Customer Agreement, &jyBgardj will only be responsible for services provided to [ BUyBoard] and wiill not be responsible for payments for services provided to any individual Customer. The Authorized Customer agrees to the terms and conditions of the [Agreement] as applicable, The Authorized Customer hereby agrees that it is, separately and solely liable for all obligations and payments for equipment and' ,services provided hereunder. Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the [ B�uyBo,ard ] under the [Agreement], as applicable, as if Customer had entered into the [Agreement], Further, Vendor agrees, that unfill the expiration of three ( ) years after final payment under this Customer Agreement, or the final conclusion of any audit commenced during the said three years, Customer, or Customer's designated representative, shall have access to,and the right to audit at reasonable times, all records involving transactions relating to this Custorner Agreement necessary to determine compliance therewith, at no additional cost to the Customer.Vendor agrees that the Customer shall have access to such records during normal business hours,,Custorner shall provide' endor with reasonable advance notice of any intended audits. Payments under this Agreement shall not exceed $ 92,9160,76 annually for I year(s)through 12/31/2021 The undersigned represents and warrants that he/she has the power and authority to execuite this Customer Agreement, bind the respective Authorized CUstorner, and that tl-ie execution and performance of this Customer Agreement has been,duly authorized by Customer. Authorized Customer has caused this Customer Agreement to be executed by its duly authorized representative to be effective as of this Q,,i . day of Month 20 16-yu', CITY O ORTH RICH LAND HILLS: VENDOR NAME:,,,X711, By: BY: Mark Hindman,City Manager Title: rw. Date: C ATTEST: ley: Alicia Richardson, City Secretary APPROVED TO FORM AND LEGAUTY� By: Maleshia B. McGinnis, CityAttorney ard DvCooperafive Purchasing 0, Box 400 Austin, "ark`78767.0400 800.69 ,2919 / 6 M 467,0222 f Fax.-800,21 t,6454 buyboard'.com February 6, 2019 Sent Via Email: trevor@LI-TX.com David Gaskins Library Interiors of Texas, LLC 701 Bluebonnet Lane Temple,TX 76502 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Furniture for School, Office, Science, Library and Dormitory, Proposal No. 584-19 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard®contract based on the above-referenced Proposal.The contract is effective 4/1/2019 through 3/31/2020, with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 584-19 on the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Guide 2. BuyBoard License and Identity Standards You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by email to info@buyboard.com any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement � .�, � lire 1��al�"r�Ntrr,rai�J�f F'rrrrf��rrrr�Gr��rv,;rt�r'Np R��^radcr,sr�rf bp�l1A� �x�s,��.�e�cA�Prrrra ufS�,Y�rrx71�'v�rtta as,5, (exaa P�artarcr�.��11 c, a c;, ehras Assa�ar�aPi�aPi e� urerities,�a�f IFde Texas As aea,rtra�aa� a-"araral aaflrarr�irslrrrd�rrs�. 'yi wn d ti lhool ��mm�� mm�uumuuu�iuuiioouuuuuuuu�i��mm�imi�mi�� u��TmmL ��l�il�l�llll��l��llllllllfllll�ll�i�l��l��1��lllllllllllllllllllllllll�l�� llllllllllll�l�lllll�� l�l�l��l�l�l�l�lllllllllllllllllllll�lll�lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll�lll�lllllllllllllllllllll�l�l�l��l��l�llllllllllllllllllll�ll�l�lllllllllllllllllll�llll�llll��fll�llllllllllll February 6, 2019 Sent Via Email: trevor@LI-TX.com David Gaskins Library Interiors of Texas, LLC 701 Bluebonnet Lane Temple,TX 76502 Welcome to BuyBoard! Re: Notice of Nation/Purchasing Cooperative Piggy-Back Award Proposal Name and Number: Furniture for School, Office, Science, Library and Dormitory, Proposal No. 584-19 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 4/1/2019 through 3/31/2020, with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, . ._� . Arturo Salinas Department Director, Cooperative Procurement v.6.5 P0. Box 400,Austin, Texas 78767-0400 800.695 2919-buyboard.conl !,_.— Board® Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454•Lk&hLgard_&._o i PROPOSERrS AGREEMENT AND SIGNATURE Proposal Name: Furniture for School, Office, Proposal Due Date/Opening Date and Time: Science, Library and Dormitory September 6, 2018 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 584-19 12007 Research Blvd. Austin,TX 78759 Anticipated Cooperative Board Meeting Date: Contract Time Period: April 1, 2019 through January 2019 March 31, 2020 with two (2) possible one-year renewals. Library Interiors of Texas 8/23/18 Name of Proposing Company Date 701 Bluebonnet Lane Street Address Signature of Authorized Company Official Temple, TX 76502 David W. Gaskins City, State, Zip Printed Name of Authorized Company Official 254-654-2439 Educational Facility Specialist Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 888-690-5489 26-0684851 Fax Number of Authorized Company Official Federal ID Number Page 8 of 63 Proposal Forms COMM/SVCS v.06.14.2018 %78oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR CONTACT INFORMATION Company: Library Interiors of Texas Vendor Contact Name and Mailing Address for Notices: David W. Gaskins, 701 Bluebonnet Lane, Temple, TX 76502 Company Website: VVM.LibrarylnteriorsOfTexas.Corn Purchase Orders: All purchase orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to vendors to assist them with retrieving their orders. Please select options below for receipt of purchase orders and provide the requested information: 0 I will use the internet to receive purchase orders at the following address: E-mail Address: Trevor@LI-TX.Com Internet Contact: Trevor Taylor Phone: 512-964-2790 Alternate E-mail Address: Dave@LI-TX.COm Alternate Internet Contact: David W. Gaskins Phone: 254-654-2439 ❑ Purchase orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Reauest for Ouotes ("RFO"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: Dave p@LI-TX.COIVI Alternate E-mail Address: TreVOr@LI-TX.COM Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee invoices and related communications: Please choose only one (1) of the following options for receipt of invoices and provide the requested information: Page 10 of 63 Proposal Forms COMM/SVCS v.06.14.2018 %78oard Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 0 Service fee invoices and related communications should be provided directly to my company at: Mailing address: 6012 York Bridge Circle ----- Department: Payables -------- City: Austin-----------_State: TX --_--_—Zip Code: 78736 ------ Contact Name: Trevor Taylor Phone: 512-964-2790 Fax: 888-690-5489 E-mail Address: Trevor@ L I-TX.Corn Alternative E-mail Address: Dave@LI-TX.Com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: Mailing address: --__--_---_—_—_---__ Department: _--_--__-_--__ City: -----------_-----State: -----_----Zip Code: -----__--- Contact Name: Phone: Fax: E-mail Address: Alternative E-mail Address: ❑ In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s) receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated on my company's Dealer Designation form as provided to the Cooperative administrator.** **If Vendor authorizes a billing agent or Designated Dealer(s) to receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including,but not limited to,payment of all service fees under any Contract awarded Vendor. Page 11 of 63 Proposal Forms COMM/SVCS v.06.14.2018 Board Cooperative Purchasing 12007 Research Boulevard• Austin,Texas 78759-2439 , PH: 800-695-2919 • FAX: 800-211-5454• bu boon; Lnn FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code(Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check(y)one of the following: ❑ My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) ❑■ My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification. Library Interiors of Texas Company Name David W. Gaskins Signature of Authorized Company Official Printed Name DEBARMENT CERTIFICATION Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension,"as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Library Interiors of Texas Company Name David W. Gaskins Signature of Authorized Company Official Printed Name Page 12 of 63 Proposal Forms COMMJSVCS v.06.14.2018 Baard Cooperative Purchasing 12007 Research Boulevard . Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • bu�tbc?grd,corn RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a"resident"proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident"proposer is a person who is not a Texas resident. Please indicate the status of your company as a"resident" proposer or a "nonresident"proposer under these definitions. Please check W)one of the following_ ❑■ I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name Address City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or % VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check M one of the following: ❑ Yes M No By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this certification. Library Interiors Of Texas Company Name David W. Gaskins Signature o Authorized Company Official Printed Name Page 13 of 63 Proposal Forms COMM/SVCS v.06.14.2018 Board Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 * FAX: 800-211-5454 • ks_U)Lb arci.r rn NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov'r CODE Ch. 2270) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEx. Govr CODE§808.001(1). By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Library Interiors Of Texas Company Name r -� David W. Gaskins Signature of Authorized Company Official Printed Name NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization—specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. Library Interiors Of Texas Company Name David W. Gaskins Signat re of Authorized Company Official Printed Name i i Page 14 of 63 Proposal Forms COMM/SVCS vA6.14.2018 i Board Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 ' FAX: 800-211-5454 • buyP)iL)ard.c Qrr� HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB' is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check(/)all that apply F1 I certify that my company has been certified as a HUB in the following categories: 0 Minority Owned Business 0 Women Owned Business ❑ Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16),and who has a disability rating of 20%or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: VS0000010106 Name of Certifying Agency: City of Austin, Texas ❑ My company has NOT been certified as a HUB. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Library Interiors of Texas Company Name David W. Gaskins Printed Na e Signature of Authorized Company Official Page 15 of 63 Proposal Forms COMM/SVCS v.06.14.2018 Baard Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 •casb0DrLQ_M CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contr ict awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explain d in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advis;ry'�, Texas law prohibits the procurement of architecture or engineering services through a purchi sing cooperative. This BuyBoard contract does not include such services. Architecture or engineering servici s must be procured by a Cooperative member separately, in accordance with the Professional Servic is Procurement Act(Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Ad isory, available at q�ard ccLuij,'er2dorLR;esources.a;px;, provides an overview of certain legal requirements that are pot ntially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the " visory can also be provided upon request. By sign-ture below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Ad ;isory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or service to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or poteitial Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the /dvisory before executing a Member Construction Contract with the member or accepting the member's purchase order f ` construction-related goods or services, whichever comes first. Library Interior of Texas Company Name David W. Gaskins Signature of Authorized Company Official Printed Name 8/24/18 Date Page 16 of 63 Proposal Forms COMMJSVCS v.06.14.2018 Board 03) PFCooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' iryruuirsoarO Corn DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation. Please check(.-V) one of the following_ F0 NO; Deviations ❑ YeS; Deviations List and fully explain any deviations you are submitting: PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑■ Common Carrier ❑■ Company Truck ❑N Prepaid and Add to Invoice F Other: FOB/Shipping Point 2. Payment Terms: F Net 30 days ❑ 1% in 10/Net 30 days ❑ Other: 3. Number of Days for Delivery: 30-60 ARO 4. Vendor Reference/Quote Number: DWG082318 5. State your return policy: Must be approved by us in writing,must be new&unused,in original packing,shipped to location as directed by us. Credit less restocking charge will apply. 6. Are electronic payments acceptable? ❑■Yes ❑ No 7. Are credit card payments acceptable? ❑Yes ❑E No Library Interiors of Texas Company Name David W. Gaskins Signature of Authorized Company Official Printed Name Page 17 of 63 Proposal Forms COMM/SVCS v.06,141018 Baard Cooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 , bit baoa d, orLi TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as"Texas Cooperative"in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services in those regions. Designating regions in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or,if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Regional Education Service Centers ® I will service Texas Cooperative members - statewide. 6 ❑ I will not service Texas Cooperative members - statewide. I will only service members in the regions checked below: "17 Region Headquarters 14. — � ❑ 1 Edinburg 7 ❑ 2 Corpus Christi ;r 'm,, ❑ 3 Victoria 4 Houston ffi ❑ 5 Beaumont --- — ❑ 6 Huntsville - ' 4 ❑ 7 Kilgore ❑ 8 Mount Pleasant ' .. ❑ 9 Wichita Falls 0 ❑ 10 Richardson [ ' ❑ 11 Fort Worth _ ❑ 12 Waco 2 � - _ ❑ 13 Austin ❑ 14 Abilene ® ❑ 15 San Angelo °—` ❑ 16 Amarillo Library Interiors of Texas ❑ 17 Lubbock ❑ 18 Midland Company Name ❑ 19 El Paso ❑ 20 San Antonio Signature of Authorized Company Official David W. Gaskins ❑ I will not service members Printed Name of the Texas Cooperative. Page 20 of 63 Proposal Forms COMMJSVCS v.06.14.2018 Board Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 , buybq rd corm STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) If you serve different states for different products or services included in your proposal,you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states,you are certifying that you are authorized and willing to provide the proposed products and services in those states Designating states in which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Please check N) all that apply: ❑ I will service all states in the United States. ❑E I will not service all states in the United States. I will service only the states checked below: ❑ Alabama ❑ Alaska ❑ Nebraska ❑■ Arizona ❑ Nevada ❑N Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20118 &20652) ❑ New Jersey ❑ Colorado New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑ Oklahoma ❑ Hawaii R Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑ Tennessee ❑ Kentucky 0 Texas Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 22 of 63 Proposal Forms COMM/SVCS v.06.14.2018 Board Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' bu)i oc rdd ccgr'l This form will be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Library Interiors of Texas Company Name David W. Gaskins Signature of Authorized Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: All products & services available in the States designated. Page 23 of 63 Proposal Forms COMM/SVCS v.06.14.2018 PVBoard C00perativepa hoeing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454,tLqy ijr�aLd 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy- Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Library Interiors of Texas 584-19 Name of Vendor Proposal Invitation Number David W. Gaskins Signature of Authorized Company Official Printed Name of Authorized Company Official 8/24/18 Date Proposal Forms COMM/SVCS v.06.14.2018 Page 25 of 63 DZUBoard kj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide its members with the best services and products at the best prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $$300,000.00 . (The period of the 12 month period is 7/31/2017 /8/1/2018 ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. CURRENT FORMER VENDOR(Y/N)?— AWARDED PURCHASING VENDOR? • •D GROUPD•• •• 1. Federal General Services Administration 2. T-PASS (state of Texas) 3. U.S. Communities Purchasing Alliance 4. National IPA/TCPN 5. Houston-Galveston Area Council (HGAQ 6. National Joint Powers Alliance (NJPA) 7. E&I Cooperative 8. The Interlocal Purchasing System (TIPS) 9. Other Y Choice Partners-8+ years Furniture ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount(%):Varies by vendor Proposed Discount(%): varies by vender Explanation: Price increases, and/or company megers, and/or changes in pricing structures Proposal Forms COMM/SVCS v.06.14.2018 Page 26 of 63 Board® Cooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 • PH: 800-695-2919 , FAX: 800-211-5454 , h j board,ccom By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification. Library Interiors of Texas Company Name qr9—� David W. Gaskins Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.06.14.2018 Page 27 of 63 Bard® Cooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' i_au_ t rci.cc m GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume 1.See attached List-Page 28-ADD "Governmental References" 2. 3. 4. 5. Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts(lower prices) than indicated? YES ❑ NO 0 If YES, please explain: By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Library Interiors of Texas Company Name Signature of Authorized Company Official David W. Gaskins Printed Name Proposal Forms COMM/SVCS v.06.14.2018 Page 28 of 63 I IN'T�Ik°",IIft IIIf?S tf, If"" T E X ; u Governmental References Institution: Texas A&M University—College Station Address: Medical Science Library 4462 TAMU College Station TX 77843-4462 Contact: Esther Carrigan Title:Professor 979-845-7540 earrigan@library.tamu.edu Spend: $1,915,000 Institution: Texas A&M University-Corpus Christi Address: Mary and Jeff Bell Library 6300 Ocean Drive#5702 Corpus Christi,TX 78412 Contact: Catherine Rudowsky Title: Library Director 361-825-2644 catherine.rudowsky @tamucc.edu Spend: $1,835,000 Institution: City of Brownsville Address: Brownsville Public Library System 2600 Central Blvd, Brownsville,TX 78520 Contact: Juan Guerra Title: Library Director 956-481-1055 ext. 2125 juan@bpl.us Spend: $1,115,000 Institution: City of Pflugerville Address: Pflugerville Public Library 1008 W.Pfluger Pflugerville,TX 78660 Contact: Jennifer Coffey Title: Library Director 512-990-6376 j enniferc@pflugervilletx.gov Spend: $775,000 Institution: City of Arlington Address: Arlington Library 101 S Center Street Arlington,TX 76010 Contact: Lee Shqeir Title: Library Business Administrator 817-459-6903 Lee.Shgeir@arlingtontx.gov Spend: $765,000 MARKETING PLAN FOR BUYBOARD 2016 By Library Interiors of Texas Working closely with BuyBoard, we will identify and mutually develop the proper strategy for marketing this Contract. Clearly it will involve a number of actions: An announcement, made by BuyBoard, publicizing the scope and breadth of the Contract, would probably be the first step.This announcement should contain the complete contact information for Library Interiors of Texas' (LI -TX) staff.The above should also be sent to the key staff members of each government entity. Concurrently we will be sending to each government entity, information on the products or services to be supplied by us under the Contract. Each of these marketing pieces will be followed up via personal visit, phone call, and/or email message to the decision-making person on the government entity's staff.This marketing effort will be followed up with a prompt and vigorous Sales Plan and Training Plan. In addition to the above, Library Interiors of Texas will continue with their general strategic marketing to our core market of Public/Corporate/University& Educational Libraries, emphasizing our association with BuyBoard.This will include, but is not limited to: A. The regularly updated LI -TX website -www.libraryinteriorsoftexas.com B. Inclusion in the Librarian's Yellow Pages C. Regular space advertising in Trade Journals such as the Texas Library Journal (TLJ) D. Attendance at the annual state exhibition, the Texas Library Association (TLA) E. Corporate membership of The Texas Library Association (TLA) F. Distribution of our corporate binders and brochures to architects, library designers and other library professionals Board Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 ' PH: 800-695-2919 ' FAX: $00-211-5454 ' Fad i c rye d LQgg B. Copyriaht Informatiion Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check(�J)one of the following: NO, Proposal(including forms,documentation,or other materials submitted with the Proposal) does not contain copyright information. ❑ YES, Proposal(including forms,documentation, or other materials submitted with the Proposal)does contain copyright information. If you responded'AYES", identify below the specific documents or pages containing copyright information. Copyright Information: (Attach additional sheets if needed.) C.Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D.Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Library Interiors of Texas Company Name Signature of Authorized Company Official David W. Gaskins Printed Name 8/24/18 Date Proposal Forms COMM/SVCS v.06.14.2018 Page 31 of 63 I`orin W-9 Request for Taxpayer Give Form to the (Rev,December 2014) Identification Number and Certification requester.Do not Department of the,Treasury send to the IRS. Intenvil Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line,blank. Library Interiors of Texas,LLC N 1 2 Business name/disregarded entity train,.,it different from above TM 3 Gh-*appropriate box for federal tax classification,check only one of the Following seven boxes: 4 Exemptions(codes apply only to certain entities,not individuals;see 0 ❑Individual/sole proprietor or El c Corporation ❑ S Corporation El Partnership E—I Trust/estate it to nstt uctions on page 3): member I-L( Exempt payee code if an >, Limited liability company.Enter the tax olassificati on(C-C.corporation,S-S corporation.P=pattner shi p)11- --S------ Exemption from FATCA reporting Note.For a single-member LITC that is disregarded,do not check 111-u;check the appropriate box in the line,above for 5the tax clas,-;rficafion of the single-member owner. wde(it any) C El Other(see Instructions)llr 45-- 5 Address(11k][Tiber,street,and apt.or no. R e q i,i e-st e,r's n a rn P,and address(optional 401 Congress Avenue,Suite 1540 6 Gify,state�,and 71P code in Austin,TX 78701 1 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) to Enter your T I N in the appropriate box.The TIN provided must match the name given on I i ne 1 avoid Social security number backup withholding. For individuals,this is generally Your social security number(SSN).However,for a resident alien,sole proprietor, or disregarded entity,see the Part I instructions on page 3. For other entities, it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. a ST 2 [q6[8 1 4 8 5 1 1 E=ll Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S.citizen or other U.S.person(defined below); and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt, contributions to an individual retirement arrangement(IRA), and generally, payments other than interest and dividends,you are not required to sign the,certification,but you must provide your correct TIN. See the instructions on page 3. Si7gn ' Signature of I H ere ere U.S.person 11- 'Date 0, orin 1098(home mortgage interest),101-E(student Lan interest),1098-T General Instructions (tuition) Section refer eno;es are to the Internal Revenue Coole.unless othervise noted. -Form 10W-G.(canceled debt) Future developments.Information about developments aftecting Form VV-9(such -Form 1099-A(acquisition or abandonment Of secured property) as legislation enacted attetv,,e,release it)is at Use Forrit W 9 only It You are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity,(Form W-9 requester)WhIi Is required to file an intonation ff You Clo not return t orrit VV-9 to the feqaostet tviffi a TIN,yoo rot qhtbe subliN-1 return with the IRS Must obtain your correct taxpayer identification number(FIN) to backup wjtlihokfing See.VVhat is backup withholding?on page 2, WhIGI I May DE-,VOUr S"Gial.5e.ruritv number(SSN),individual taxpayer identification By signing the filled out form,you: number(ITIN),adoption taxpayer identification number(Al IN),or employer 1.Oenily that the TIN (or you are waiting for anurinbei identification number(EIN),to report on an information return the amount paid to to be issued'), YOU,Or other amount reportable on an information return.Exaniplk-,s of information returns include,but are not limited to,the,following: 2.Certify that YOU are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding it you are a U.S.exempt payee.If •Form 1099-DiV(dividends,including these from stocks or mutual funds) applicable,you are also certifying that as a I J S.person,your allocable.share of U.S.ny partnership income fi U oni a trade or business is noAsLA1bIP(,t to the •Form 1099-MISC(varwkAStVPP.S of income,prizes,awards,or gross proceeds) w thholdir7g tax on Foreign partners'share.of effectively connected income,and •Form 1099-B(stock or Mutual fund sales and certain other transactions by 4-Certify that FATCA oodo(s)entered on this form(it any)indicating that YOU are broker,) exempt from the FATCA reporting,is correct.See What is FATC-4.?epoitirxj?on •Form 1099 S(proceeds from real estate transactions) page 2 for further information. •Form 1 Otj9-K finer(-,hant card and third party network transactions) Gat.No,10231X Form W-9(Rev.12-2014) DZUHoard kj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com VENDOR BUSINESS NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive. Name of Proposing Company: Library Interiors Of Texas (List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name,dba,aka, etc. here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check M one of the following: Type of Business: Individual/Sole Proprietor Corporation Limited Liability Company x Partnership Other If other, identify State of Incorporation (if applicable): Texas Federal Employer Identification Number: 26-068485 1 (Vendor must include a completed form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of Proposing Company listed above, only valid trade names(dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s),if applicable,must be attached.) Library Interiors of Texas Proposal Forms COMM/SVCS v.06.14.2018 Page 32 of 63 DuCooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 , PH: 800-695-2919 ' FAX: 800-211-5454• ba board cgal 12. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Vendor Certification: YES, I agree or Vendor Certification Item No. NO I do NOT agree Initial 1. Vendor Violation or Breach of Contract Terms YES 2. Termination for Cause or Convenience YES 3. Equal Employment Opportunity YES 4. Davis-Bacon Act YES 5. Contract Work Hours and Safety Standards Act YES 6. Right to Inventions Made Under a Contract or Agreement YES 7. Clean Air Act and Federal Water Pollution Control Act YES 8. Debarment and Suspension YES 9. Byrd Anti-Lobbying Amendment YES 10. Procurement of Recovered Materials YES 11. Profit as a Separate Element of Price YES 12. General Compliance and Cooperation with Cooperative Members YES By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Librarty Interiors of Texas Company Na 73tLG-- Signature of Authorized Company Official David W. Gaskins Printed Name Proposal Forms COMMJSVCS v.06.14.2018 Page 36 of 63 DZUHoard kJ U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work") under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated below, and submit the signed questionnaire and your responses to all questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. Library Interiors of Texas has been in business in Texas for more than 10 years. Companies is not currently for sale nor involved in any transaction that would significanyly alter its business or result in acquisition by another entity. 2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. Trevor Taylor: More than 30 years experience in furniture design & supply. Dave Gaskins: More than 20 years experience in furniture design & supply. Michael Taylor: More than 10 years experience in furniture design & supply. 3. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. Financial position is solid and debt free with exceptional bonding & insurance capacity. Never in bankruptcy, receivership nor insolvency. Proposal Forms COMM/SVCS v.06.14.2018 Page 37 of 63 PFBeard Cooperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buyhgaLLd corn 4. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. No. 5. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. None. 6. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. None. By signature below, I certify that the information contained in and/or attached to this Proposal Invitation Questionnaire in response to the above questions is true and correct and that I am authorized by my company to make this certification. Library Interiors of Texas Company Name Signature of Authorized Company Official Proposal Forms COMM/SVCS v.06.14.2018 Page 38 of 63 DZUBoard kj U Cooperative Purchasing 12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com REQUIRED FORMS CHECKLIST (Please check(-V)the following) 0 Completed: Proposer's Agreement and Signature 0 Completed: Vendor Contact Information 0 Completed: Felony Conviction Disclosure and Debarment Certification 0 Completed: Resident/Nonresident Certification 0 Completed: No Israel Boycott Certification 0 Completed: No Excluded Nation or Foreign Terrorist Organization Certification 0 Completed: Historically Underutilized Business (HUB) Certification) 0 Completed: Construction Related Goods and Services Affirmation 0 Completed: Deviation/Compliance 0 Completed: Location/Authorized Seller Listings 0 Completed: Manufacturer Dealer Designation 0 Completed: Texas Regional Service Designation 0 Completed: State Service Designation 0 Completed: National Purchasing Cooperative Vendor Award Agreement 0 Completed: Federal and State/Purchasing Cooperative Experience 0 Completed: Governmental References 0 Completed: Marketing Strategy 0 Completed: Confidential/Proprietary Information 0 Completed: Vendor Business Name with IRS Form W-9 0 Completed: EDGAR Vendor Certification 0 Completed: Proposal Invitation Questionnaire 0 Completed: Required Forms Checklist 0 Completed: Proposal Specification Form with Catalogs/Price lists and Evaluation Items Proposal Forms COMM/SVCS v.06.14.2018 Page 39 of 63 -W E 0 C) C) 0 0 C) 0 0 CL 00 0 LO IN co Lu w 00 r- x 00 C6 cli 6 I;i 0) CN IN co co C) (D LO N (D r m (0 LLI 69, 64 m 6a m 6cy 6c)- z 0 O O O 0 0 c -W CDD m D D D D D C (Y) ( ) > C� o C..tw: .2 CD 0 0 0 C) CD CD CD CL, CD 0 0 C) C� CO V L c6 0 aj a C6 6 r co co IM CO m m co IN V 649- 6c)- 6ck 649- 649- 6c)- 649- E .- I E R 1>1 1E 0 E LU E u; E F E 0 uj 0 0 V 9 c z E (.0 a :R W" 0 00 m i!w u a CL. m LU wm 4 Co 1- LO o = WL u 0.0C C) uj Z CL. -j W 6c 0 LU U)i a z 0 Lu 4. 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C 0 = 41 = N (A a 1L a 3 °c a a U a H 2 1L LL (A 1L aai O _ _ _ _ L �Q Q Q Q O ca O L L L U) .� L ate-+ L N L dL O O c O i 0 0 � L aJ Fu CD- `i a) � r6 w `� a Q) w O 4� -O W Ln O n N On cn pn fa "On E = L �uO O u wag -a _ _ � L .� L .� L Q fu a) .� L L u � O ¢ a O O Q I +� +� +� w x f0 O Q) a) a) (A O 0) LL O 0) O O \0) O O \0) � LLJ a) � = � M � 0 r6 Q o L Q o y0.1 Q o cn � � Ln Q o o o L u 4 J Q +J CL � O fu I f. 0U0 0U � a 0U � U DU � ZJ � cnLL LO121 LL aT Ln %D 00 m Library Interiors of Texas Vendors & Discounts 701 Bluebonnet Lane Temple,TX 76502 BuyBoard 584-19 David W.Gaskins 254-654-2439 cell Dave@ LI-TX.Com Manufacturer JIFor Items] MI Product Description 11 BuyBoard 2019 290 Signs 1 through 13 Signs,standard and custom for departments,doors and areas. -25.0% 3Branch-Acrylic Division 1 through 13 Storage&display for all types of Media,furniture for education -2.0% 3 Branch-Furniture Division 1 through 13 Furniture,tables&other seating for MakerSpace&manipulitives -25.0% Agati Furniture 1 through 14 Furniture,tables&other seating for educational environments. -30.0% Allermuir 1 through 13 Furniture,tables&other seating for educational environments. -25.0% American Seating [AmSeCo][>$2k] 1 through 13 Furniture,tables&other seating for educational environments. -40.0% American Tables&Seating [ATS] 1 through 13 Furniture,tables&other seating for educational environments. -5.0% Arcadia Contract Furniture 1 through 13 Administrative&Office furniture,desks,tables&chairs. -35.0% Artopex Furniture 1 through 14 Administrative&Office furniture,desks,tables,screens&chairs. -40.0% Biblomodel 1 through 13 Furniture for libraries: school,public and university. -30.0% Bold Furniture 1 through 14 Administrative&Office furniture,desks,tables,screens&chairs. -35.0% BuzziSpace Furniture 1 through 13 Furniture,tables&other seating for educational environments. -30.0% Chief Furniture 1 through 13 Furniture,tables&other seating for educational environments. -35.0% Community Seating 1 through 13 Furniture,tables&other seating for educational environments. -35.0% Compatico Furniture 1 through 13 Systems furniture, interchangeable with Herman Miller AO1&AO2. -40.0% ConnecTrac 1 through 13 Power&data floor channel for educational furniture -3.0% Diversified Woodcrafts 1 through 13 Furniture,tables&other seating for educational environments. -38.0% ERG International 1 through 13 Furniture,tables&other seating for educational environments. -35.0% Estey Div.,TENNSCO Corp. 1 through 13 Furniture for libraries: school,public and university. -45.0% Fresh Coast Furniture 1 through 13 Furniture,tables&other seating for educational environments. -35.0% Ghent Furniture 1 through 14 Administrative&Office furniture,desks,tables,screens&chairs. -35.0% Great Openings 1 through 13 Administrative&Office furniture,storage,files& lockers -40.0% Gressco Furniture 1 through 14 Early childhood furniture,puzzles and manipulatives. -43.0% Hag Furniture 1 through 13 Administrative&Office furniture,desks,tables&chairs. -35.0% High Point Furniture 1 through 14 Administrative&Office furniture,desks,tables,screens&chairs. -43.0% IntellaSpace Furniture Accessories 1 through 13 Computer accessories, keyboards,CPU holders&monitor mounts. -35.0% Jasper Chair 1 through 13 Chairs and Tables in solid oak or maple construction. -40.5% Jasper Seating [Jasper Group] 1 through 13 Furniture,tables&other seating for educational environments. -35.0% Jonti-Craft Furniture 1 through 14 Furniture,tables,chairs and storage for young children. -8.0% Keilhauer Furniture 1 through 13 Administrative&Office furniture,desks,tables&chairs. -35.0% KI[Krueger International 1 through 14 Administrative&Office furniture,desks,tables&chairs. -30.0% Kingsley Furniture 1 through 13 Book Returns& Book Carts for indoor&outdoor usage. -20.0% Leland International Furniture 1 through 13 Tables&chairs for casual seating, lounge and reception areas. -35.0% Liat Furniture 1 through 13 Administrative&Office furniture,desks,tables&chairs. -38.0% Library Bureau Steel 1 through 13 Furniture for libraries: school,public and university. -35.0% Martin Battrud Contract Furniture 1 through 13 Administrative&Office furniture,desks,tables&chairs. -35.0% Media Technologies Furniture 1 through 14 Administrative&Office furniture,desks,tables,screens&chairs. -35.0% Mantel 1 through 13 Furniture for libraries: school,public and university. -40.0% Muzo Furniture 1 through 14 Administrative&Office furniture,desks,tables,screens&chairs. -35.0% Neinkemper 1 through 13 Furniture for libraries: school,public and university. -35.0% Nevins Furniture 1 through 14 ITables&seating for educational environments. -35.0% File: Sell Discounts by Manufacturer-BuyBoard 2019.xlsx Page: 1 of 2 As of: 9/10/2018 2:09 PM Library Interiors of Texas Vendors & Discounts 701 Bluebonnet Lane Temple,TX 76502 BuyBoard 584-19 David W.Gaskins 254-654-2439 cell Dave@ LI-TX.Com OFS-Carolina 1 through 14 Administrative&Office furniture,desks,tables,screens&chairs. -40.0% Paladin Furniture 1 through 13 Furniture for libraries: school,public and university. -35.0% Palmer Hamilton"Nomad" Furniture 1 through 13 Furniture,tables&other seating for educational environments. -35.0% Palmieri Furniture 1 through 14 Administrative&Office furniture,desks,tables,screens&chairs. -35.0% Peter Pepper Furniture 1 through 13 Furniture for libraries: school,public and university. -30.0% RFM Seating 1 through 13 Furniture,tables&other seating for educational environments. -30.0% Sauder Educational Furniture 1 through 13 Furniture,tables&other seating for educational environments. -20.0% Smith System Furniture 1 through 13 Furniture,tables&other seating for educational environments. -30.0% SNAPIOffice 1 through 13 Furniture,tables&other seating for educational environments. -15.0% Source International 1 through 13 Furniture,tables&other seating for educational environments. -35.0% Sparkeology Furniture 1 through 13 Furniture,tables&other seating for educational environments. -30.0% Surface Works Furniture 1 through 13 Computer accessories, keyboards,CPU holders&monitor mounts. -35.0% T2 Design Custom Furniture 1 through 13 Custom furniture,displays,casework and exhibit cases. -30.0% TENNSCO 1 through 13 Storage, lockers,shelving,files,racks,tables,work stations. 25.0% Waddell Display Cases 1 through 13 Dividers&displays for offices,&educational facilities. -35.0% Warden Company,The 1 through 13 Furniture for libraries: school,public and university. -40.0% Notes: Item# Description 1 Stadium,Auditorium&Courtroom seating 2 Library Furniture 3 Office Furniture 4 School Furniture 5 Science Furniture 6 Modular Furniture 7 Modular Furniture,refurbished 8 Filing Cabinets 9 Lockers&Locker Products 10 Dormitory Furniture 11 Courtroom Furniture 12 Church&Religious Furniture 13 Other Furniture 14 Moveable Walls 15 Window Treatments Installation within the state of Texas only: Install<$10k Net Order +25%in TX only; all others priced based on site evaluation, licensing/taxing requirements. Install>$10k Net Order +20%in TX only; all others priced based on site evaluation, licensing/taxing requirements. Install>$20k Net Order +15% in TX only; all others priced based on site evaluation,licensing/taxing requirements. File: Sell Discounts by Manufacturer-BuyBoard 2019.xlsx Page: 2 of 2 As of: 9/10/2018 2:09 PM PVBoard C00perative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 'www.buyboard.com THE LOCAL GOVERNMENT PURCHASING COOPERATIVE ADDENDUM NO. 1 Proposal No. 584-19 Furniture for School, Office, Science, Library and Dormitory The following information becomes a permanent part of the Proposal Invitation document. PROPOSAL DUE DATE The proposal submission deadline for this proposal invitation has been extended to September 13, 2018, at 4:00 P.M. Please sign a d return one copy of the addendum with your proposal as verification of receipt and compliance with addendurn information. Company Na e: Library Interiors of Texas Address: 701 Bluebonnet Lane, Temple, TX 76502 Signature of Authorize Ed. Spec. Company Offi ial: Title: Telephone Number: 54-654-2439 Date: 9/6/18 P.O. Box 40,01,Austin,Texas 78767 WBoard 800.888.291118. info@twp.yboard.cam .bLly oard.com ; February 27, 2020 Sent via email to: trevor(ZDLl-TX.com Trevor Taylor Library Interiors of Texas, LLC 401 Congress Avenue, Ste 1540 Austin TX 78701 Re: Furniture for School, Office, Science, Library, & Dormitory BuyBoard Contract 584-19 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Furniture for School, Office, Science, Library, & Dormitory, Contract 584-19, effective April 1, 2019 through March 31, 2020, with two possible one-year renewals. At this time, the BuyBoard is renewing your contract through March 31, 2021. All discounts, terms, and conditions of your contract will remain the same. If you agree to this renewal, there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email atnnii ;k lirllko „ .oasl . �irq„ prior to the start of the renewal term. Reminder: Once a BuyBoard contract is awarded, vendors must generate a minimum of$15,000 annually or they may not be offered a contract renewal. If you have questions or comments concerning this renewal, please contact me as soon as possible at �.�..n.ii�,k„I irll �kko „ ,„D I �f . We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Connie W Burkett, CTSBO Contract Administrator V renewal v.02.13.2020 Endorsed by V T/�SAV � ,0 � �,,,,. "') r CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos.1.-4 and 6 it there are interested parties, OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties, CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-659471 Library interiors of Texas, LLC Lakeway, 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 08/20/2020 being filed. City of North Richland Hills,Texas 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. FC 2001 Carpet Replacement at the Public Library 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Trevor,Taylor Austin,TX United States X Moira,Taylor Austin,TX United States X 5 Check only if there is NO Interested Party. 0 6 UNSWORN DFCLARA-n0N My name is yepl- 74//ep. and my date of birth is My address is 96:33 A4 4Z-,5_e;,'7 77 X, (street) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 7_Tall; —County, State of x 5 on the-2-0 day of 4a,qZ5 2010 (month) (year) signature of authorized geni'of corgi business.entity (Declarant) Forms provided by Texas Ethics commission www.ethics.state.tx.us Version V1.1.3a6aaf7d IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 SUBJECT: Approve purchase from Vector Concepts, Inc. for floor coverings for Capital Improvement Project FC2001 Carpet Replacement, at the Public Library, at 9501 Grand Ave, in the amount of $228,979.79 through Buy Board Contract No. 561-18 and approve associated budget revision. PRESENTER: Chris Amarante, Director of Facilities & Construction SUMMARY: City Council is being asked to approve a purchase from Vector Concepts, Inc. for floor coverings for Capital Improvement Project FC2001 Carpet Replacement, at the Public Library, at 9501 Grand Ave, in the amount of $228,979.79 through Buy Board Contract No. 561-18. GENERAL DESCRIPTION: The Public Library carpet is the original carpet. The Public Library sees on average 250,000 visitors each year. The floor coverings are at the end of their life expectancy. Capital Improvement Project FC2001 was created to replace the floor coverings and it was approved in the fiscal year 2019-2020 budget. This project consists of two phases. Phase one is moving shelving and phase two is the removal and replacement of floor coverings. This agenda item is for phase two of the project. Vector Concepts Inc. is a flooring contractor who can perform the floor covering removal and installation. They will also make any necessary floor repairs to the concrete during the removal of the old floor coverings and replace the wall base. The anticipated start date for this project is the middle to late part of November 2020. The duration of this project is approximately four weeks. During the construction the Public Library is planning to stay open, but will be operating at a reduced capacity. Vector Concepts Inc. participates in the Buy Board cooperative purchasing program. By participating in the Buy Board cooperative purchasing program, the city is meeting all state competitive bidding requirements for this purchase. Staff has reviewed Vector Concepts pricing and believes that participation in this program would be cost effective to the city. Funding for this project was included in the FY 19-20 Adopted Budget in the amount of $321,000. As part of tonight's request, staff is also requesting approval of a revision to the project in the amount of$30,000. Funding is available from project savings from the permanent records roof replacement project ($24,000) and a donation from Friends of the IrLp NOKTH KICHLAN HILLS Library ($6,000). The additional funding will be used to cover the professional service costs associated with the project ($19,490), cover a slight increase over the adopted budget ($940.55) and provide funding for a contingency to cover for any unforeseen items in the project ($9,569.45). Phase 1 Moving Services $ 92,960.76 Phase 2 Carpet Replacement $228,979.79 Professional Services $ 19,490.00 Contingency $ 9,569.45 Project Total $351,000.00 RECOMMENDATION: Approve Purchase from Vector Concepts, Inc. for floor coverings for Capital Improvement Project FC2001 Carpet Replacement, at the Public Library, at 9501 Grand Ave, in the amount of$228,979.79 through Buy Board Contract No. 561-18 and approve associated budget revision. Available,on Proposal op�� v VECTOR �� ~ oar do Tt�7j CONCEPTS PFCoupmrauvemmchmming 90] [] N. Royal Lane, Suite ] ][] oso_1a(apouso»mm��(oummerv/aV Irving Texas 75063 star net 972-39A-l3O3o0ice 972-790-7535fax ��m � �� Customer PO worldwide m/wvv.vectorcorice pts,conn For: 000 0000000 Fax Date BID REQUEST NORTH R|CHLANO HILLS PUBLIC LIBRARY PUBLIC AREAS Sales Personl CUST0K8ERAOORE�� - SO1G GRAND AVE jason Sultana |RV|NG. TX 75063 NORTH R|CHLANOHILLS, TX 76180 jason Sultana Quantity General Information Description Unit Cost Total 804 J&J FICTION MODULAR 7025 24X24 1785D|ALOGUE CPT'01 $2875 $24.84000 GY 20730 J&J K|NETEX NETWORK 1842 24X24 2582F|REVVALL CPT'02 $325 $07.39200 SF 5184 J&J K|NETEX CATALYST 1841 24X24 2849REACT|ON CPT'03 $425 $22.03200 SF 5400 J&J K|NETEX CATALYST 1841 24X24 2847CHEM|GTRY CPT'04 $425 $22.95000 SF 720 J&J K|NETEX NETWORK 1842 24X24 2908VV|R|NG CPT-5 $425 $3.00000 SF 2952 J&J K|NETEX AGAINST THE GRAIN 1840 12X48 2819BARLEY CPT-6 $425 $12.54000 SF 31.1 J&J RUNVVAY || 7207 24X24 1421 FRESH FACE WO-1 $5784 $1.79882 GY 7 J &J INDUSTRIES, INC. NEXUS PREMIUM MODULAR ADHESIVE 4 GAL CPT'1. VVO'1 $12750 $89292 EA ADHESIVE 40 J &J INDUSTRIES, INC. K|NETEXADHEG|VE-GAL CPT'2.3.4.5.0ADHESIVE $12431 $4.972.40 EA 15 ROPPE CORPORATION #13 BLACK/BROVVN1O3 RBT'1 STAIR NOSING $3394 $50910 EA 3 ROPPE 1O3 BLACK BROWN RISER MATERIALS FOR STAIRS $11790 $35388 EA 0 STAIR NOSING ADHESIVE $38.42 $23052 EA 1 CARPET TILE, K|NETEX.AND VVALKOFF CARPET INSTALLATION $22.32590 $22.32590 EA CUT |NLABOR BORDERS STAIR NOSING INSTALLATION 80 FLOOR PREP 1 BAG PER 500GF INSTALLED FLOORING $0500 $5.20000 BG SUPPLIED AND INSTALLED Page O2'16 Proposal#28110 9/17/2020 10:05:10AM Continuation For: BID REQUEST, Quote # 28116 Quantity General Information/Description . . 4440 ROPPE CORPORATION BASE-(700)-COVE-ROLL-4"-BLACK/BROWN 193 SUPPLIED $1.43 $6,358.50 LF AND INSTALLED 12 SCHLUTER VINPRO-S-VPS30ACGB METAL TRANSITIONS AT DISSIMILAR PRODUCTS $26.20 $314.40 EA SUPPLIED AND INSTALLED 1 CPT-01 ATTIC STOCK-5%OF INSTALLED QTY $13,029.76 $13,029.76 EA CPT-02 ATTIC STOCK- 10%OF INSTALLED QTY CPT-03 ATTIC STOCK- 10%OF INSTALLED QTY CPT-04 ATTIC STOCK- 10%OF INSTALLED QTY CPT-5 ATTIC STOCK- 1 BOX CPT-6 ATTIC STOCK-5%OF INSTALLED QTY WO-1 ATTIC STOCK- 1 BOX 4404 DEMO EXISTING CARPET FOR INSTALLATION OF NEW MATERIALS $3.00 $13,212.00 SY 3 PROVIDE ON-SITE DUMPSTER FOR DEMOLITION $1,650.00 $4,950.00 EA 1 PAYMENT& PERFORMANCE BOND $2,011.53 $2,011.53 EA 'Total INVOICE $228,979.79 Sales Tax Grand Total $228,979.79 Date Ck# Deposit BUYBOARD # 561-18 PRODUCTION LEAD TIME: • PLEASE ALLOW 4-6 WEEKS AFTER PLACEMENT OF ORDER WITH MANUFACTURER JOBSITE CONDITION REQUIREMENTS: • CLIMATE CONTROLLED CONDITIONS MUST BE MAINTAINED FOR ONE WEEK PRIOR TO MATERIAL BEING INSTALLED,DURING INSTALLATION PROCESS,AND ONE WEEK AFTER INSTALLATION IS COMPLETE. • OTHER TRADES WORK MUST BE COMPLETE INCLUDING ALL OVERHEAD WORK(i.e.lighting,painting, etc....)PRIOR TO FLOOR INSTALLATION. • NO TRAFFIC(FOOT, ROLLING,ETC)FOR 24 HRS AFTER COMPLETION OF INSTALLATION ON STAIRS • HANDLING/MOVING OF FURNITURE/EQUIPMENT BY OTHERS • COMPLETE SCOPE OF WORK TO BE PERFORMED IN MULTIPLE PHASES AND WILL INCLUDE MULTIPLE DAYS TO COMPLETE EACH PHASE. SOME DUST,AND EXPOSED ADHESIVES WILL BE PREVALENT DURING THE PHASES,AND MINIMAL NOISE DURING DEMO AND INSTALLATION PROCESS.ALL WORK TO BE COMPLETED DURING NORMAL BUSINESS HOURS. • EXCLUDES A FINAL CLEANING OF THE PRODUCT OR PROTECTIVE FLOOR COVERING FOR NEW FLOORING OR SURROUNDING AREAS • VECTOR CONCEPTS COMPLIES TO 1926.1153 OSHA COMPLIANCE FOR TABLE 1 RESPIRABLE CRYSTALLINE SILICA Buyer Date Seller Date Page 2 Q2-16 Proposal#28116 9/17/2020 10:05:10 AM H CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between Vector Concepts, Inc. ("Vendor")and the City of North Richland Hills, ("Customer"or"Authorized Customer"), a Texas government entity, and a Customer as defined in Section Ilyl . of the Agreement between the [BuyBoard] and Vendor, [Contract No. 561...11d, as amended, (the "Agreement") with an effective date of 06/01/2018. This Customer Agreement shall be governed by the terms and conditions of the [Agreement],which is incorporated herein by reference and is available online at https:Happ.buyboard.com/Search/Index?SearchTerm=vector%20concepts&DiscountProductld=-1 or upon request from Vendor, and the attached Quote/Purchase Order No. 28116. The Agreement expires on 05/31/2021. Authorized Customer is eligible and desires to purchase carpet and tile flooring pursuant to the terms and conditions of the [Agreement] as the [ BuyBoard ] may specify from time to time, as well as the terms and conditions of this Customer Agreement. [BuyBoard] will only be responsible for services provided to [ BuyBoard] and will not be responsible for payments for services provided to any individual Customer. The Authorized Customer agrees to the terms and conditions of the [Agreement] as applicable. The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment and services provided hereunder. Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the [ BuyBoard ] under the [Agreement], as applicable, as if Customer had entered into the [Agreement]. Further, Vendor agrees that until the expiration of three (3) years after final payment under this Customer Agreement, or the final conclusion of any audit commenced during the said three years, Customer, or Customer's designated representative, shall have access to and the right to audit at reasonable times, all records involving transactions relating to this Customer Agreement necessary to determine compliance therewith, at no additional cost to the Customer. Vendor agrees that the Customer shall have access to such records during normal business hours. Customer shall provide Vendor with reasonable advance notice of any intended audits. Payments under this Agreement shall not exceed $228,979.79 annually for 1 year(s)through 12/31/2021 The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by Customer. Authorized Customer has caused this Customer Agreement to be executed by its duly authorized representative to be effective as of this Il .q.y,,.day of II` I;Lint]U 20 I;.gUr CITY OF NORTH RICHLAND HILLS: VENDOR NAME: By: By: Mark Hindman, City Manager Name: Title: Date: Date: ATTEST: By: Alicia Richardson, City Secretary APPROVED TO FORM AND LEGALITY: By: Maleshia B. McGinnis, City Attorney ard PFCooperative Purchasing P.O.Box 400 Austin, TX 7 767-040'0 800,695,2919 / 512.467,0222 j Fax:800.21 t.5454 tiuyboard.cores April 25, 2018 Welcome to BuyBoard! Rewotice of The Local Government Purchasing Cooperative Award Proposal Name and Number: Carpet and Tile Flooring, Stage Floor Refinishing, Concrete Polishing, Grinding, and Staining, Proposal No. 561-18 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. The contract is effective 6/1/2018 through 5/31/2019, with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 559-18 on the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: 1. Vendor Quick Reference Sheet 2. Vendor Billing Procedures You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by fax (1-800-211-5454) any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 rrs�(Cavurr�ur�r�irC PAr�ciieasrrr �uuu��rslr�✓�;��enetlnr,,�^u Pay tPae MNY}�Assraa;a�±Prrarb oaf Saatlrr�aaP F�'rrarrds, ,? d�,x.>11Taa rr,aiaud C.r u� Teas ksucia i��au�a(fuuaPes rarar"i ttau�rxr s�stir�aaatlara a�� lP arf�I�a°rafrrrti�ralwr . 'yi wn d ti lhool ��mm�� mm�uumuuu�iuuiioouuuuuuuu�i��mm�imi�mi�� u��TmmL ��l��l�l�l� �l��lllllll� lll��ll��1��lllllllllllllllllllllllll�l�� llllllllllll�l�lllll�� l�l�l��l�l�l�l�lllllllllllllllllllll�lll�lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll�lll�lllllllllllllllllllll�l�l�l��l��l�llllllllllllllllllll�ll�l�lllllllllllllllllll�llll�llll��ll��lllllll�llll April 25, 2018 Welcome to BuyBoard! Reyotice ofNafiona/Purchasing Cooperative Piggy-BackAward Proposal Name and Number:Carpet and Tile Flooring, Stage Floor Refinishing, Concrete Polishing, Grinding and Staining Proposal No. 561-18 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 6/1/2018 through 5/31/2019, with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by fax (1-800-211-5454) any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. a Department Director, Cooperative Procurement v.6.5 ////%/O%///%�i%�G%i%i�iioiriiir� INS PO. Box 400,Austin, Texas 78767-0400 800.695,2919•buyboard,con & DuCeoperativo Purchasing 12007 Research boulevard I Austin, Texas 78759-2439 . PH: 800-695-2919 " FAX; 800-211-5454 , www board.cori PROPOSER I s AGREEMENT AND SIGNATURE, EEq2gk al'hjgM: Carpet and Tile Flooring, Stage Floor Refinishing, Concrete Polishing, Grinding and November 2 2017 at 4:00 PM Staining Texas Association of School Boards, Inc. Buy Board Department Er2Rq gal Kmmhgr'. 561-18 12007 Research Blvd! Austin, TX 787,59 A 0"Ci �Contract_Time Period: June 1, 2018 through May April 2018 31, 20,19 with two (2) possible one-year renewals. Vector Concepts, Inc.— 10/31 /2,017 Name of Proposing Company Date 9010 N. Royal Lane, Suite 110 Street Address Sig is of uthorized Company Official Irving, TX 75063 lody ,Skaggs ............ City, State, Zip Printed Name of Authorized Company Official 972-399-1303 Sec. / Treasurer Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 972-790-7,535 75-2358115 Fax Number of Authorized Company Official Federal ID Number Page 5 of 68 Proposal Forms CONST v.08.17,2017 P 0 1 0 ard WCOAPerative Purchasing 12007'--Research Boulevard ® Austin,Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 , www.bu com VENDOR CONTACT INFORMATION Company: Vector oncepts, Inc. Vendor Contact Name and Mailing Address for Notices: Jody Skaggs, 9010 N. Royal Lane, Suite 110, Irving, TX 75063 Company We site: www.vectorconcepts.com Eurg-h-aggg-Orevs: Purchase, orders from Cooperative members will be available through the Internet or by facsimile. Option 1. Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information gullcle will be provided to vendors thalt choose this option to assist them with, retrieving their orders. Option 2: Fax. Vendors need a designated fax line available at all times to receive purchase orders. Please choose oniv one (1) of the following options for receipt of purchase orders and provide the requested information: I will use the INTERNET to receive purchase orders. E-mail Address: iSkaggs@vectorconc,epts.com Internet Contact: Jody Skaggs Phone: 972-313-3129 Alternate E-mail Address. info @vectorconcepts.com Alternate Internet Contact: Lesa Hamilton Phone: 972-313-3126 1 will receive purchase orders via FAX. Fax Number'. Fax Contact: Phone: R9299!L far Q9Qt9LCjM: Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: E-mail Address: jskaggs @ vectorconcepts.co m Alternate E-mail Address: info @vectorconcepts.com Page 7 of 68 Proposal Forms CONST v.08.1 T2017 ard DuCnape rative Purchasing 12007 Research Boulevard 1, Austin,Texas 78759-2439 - PH: 800-6,95-2919 ® FAX: 800-211-5454 , w board carry Invoigge . Your company will be billed monthly for the service fee due under a contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please provide the following, address, contact and e-mail information for receipt of service fee invoices and related communications: Mailing address: 9010 N. Royal Lane, Suite 110 Department-, Accounting City: jrving State: TX Zip Code® 75063 Contact Name. Narced Combs Phone: 972-399-1303 X272 Fax, 972-790-7535 E-mail Address: narcey@vectorconcepts.com Alternative E-mail Address: info @vectorconce'pts.com Page 8 of 68 Proposal Forms CONIST V108117,2017 0 PVC00pe;ative Purchasing 1200�7 Research Boulevard " Austin, Texas 78759-2439 , PH: 800-695-2919 - FAX: 800..211-5454 - w w btj y,12ga rd,cc rn EELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION FEL Y CONVIgioN DiscLosuRE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony,, The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business, entity failed to give notice as required by Subsection (ai) or misrepresented the conduct resulting in the conviction. The district miust compensate the person or business entity for services performed before the termination of the contract." Please check of the follQwY2g: My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation) My company is not owned or operated by anyone who has been convicted of a felloniy, El My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): .. ........... Detaiis of Conviction(s):__ By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my company to make this certification, Vector Concepts, Inc. Company Name Jody Skaggs Signatu e of uthori ed-Company Official Printed Name DEBARmENT CERTiFicATioN Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended', or otherwise excluded by agencies or declared ineligible under any statuitory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to make this certification, ector Concepts, Inc. ,-,-,—_Company Name 71 Jody Skaggs Signatu of uthiorized Ccfipany Official Printed Name Page 91 of 68 Proposal Forms CONST v.08,17.2017 CM ard DuCooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 , PH: 80I0-6'95-2919 - FAX: 800-211-5454 , w bu board.cort' Chapter, 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place, of business is in Texas, N i ncluidling a contractor whose ultimate parent company or majority owner has its principal place of business in Texas, A % nonresident- proposer is a person who is not a Texas resident. Please, indicate the status of your co'mpainy as a "resident" proposer or a "nonresident" proposer under these, definitions. Please check W) one of the following. I certify that my company is a Resident Proposer. ❑ I certify that my company is a Nonresident Proposer. If Your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Company Name Address city State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? El Yes El No B. What is the prescribed arnount or percentage? $ or % VENDOR EmPLOYMLNT CERTIFICATION Section IlMl(b) of the Texas Education Codc establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company inor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check M one of the following: 0 Yes [ 1 No By signature below, I certify that the information in Sections I (ResideIresIdent Celt1fication) and 2 (Vendor Employment Gertification) above is true, complete and accurate and that I am authorized by my company to, make this certification., Vector Concepts, Inc. Company Name .... ........... Jody Skaggs Ow, Sign,�Ore peAutho'rized2mppany Official Printed' Name Page 10 of 68 Proposal Forms CONST v,08,17,2017 ard DwCooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-211-5454 �' w� bu corn --L No ISRAEL Boycon CERTIFICATION Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; aind (2) will not boycott Israel during the term of the contract. (TEX. GovT CODE Chi, 2270) "Boycott Israel"® means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penahze, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes, TEX, GovT CODE§808.001(1)d By signature below, I certify and verify that Vendor does not boycott Israel and Will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. Vector Concepts, Company Name Jody Skaggs Signiaturg of A horized C mpany Official Printed Name NO E KLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIF.ICAT.ION Effective September 1, 201.7, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations, with Sudan, Iran, or a foreign terrorist organii7ation — specifically, any company identified on a list prepared and maintained by the Texas Comptrofler under Texas Government Code §§806.051, 807.051, or 2252.153,. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions, regime relating to a foreign terrorist organization is not subject to the contract prohibition) By signature below, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; aind that I am aiuthorized by my company to make this certification. Vector Concepts, Inc. -,,,—,..—.,Co,mpany Name 'Ile Jody ,Skaggs Signature of A)Ahorii6d Company Official Printed Name Paige 11 o,f 68 Proposal Forms CONST v,08.17.2017 D B 1 0 IV wCooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 , PH: 800-695-2919 ` FAX: 800-211-5454 , www.bgy rr HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The, electronic catalogs mill indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form. Please check ( ) all that app_lly, El I certify that my company has been certified as a HUB in the following categories: Ell Minority Owned Business 0 Women Owned Business El Service-Disabled Veteran Owned Business (veteran defined by 38 Ul.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101,(16,), and who has a, disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: My company has NOT been certified as a, HUB. By signature below, I certify that the above is true, complete andl accurate and that I am authorized by my company to make this ceirtification, Vector Concepts, Inc. Company Name Jody Skaggs Printed Name 61,9 I Signature Au crazedmfanV'Official Page 12 of 68 Proposal Forms CONST v.08.172017 ard DwCooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 , PH: 800-69 -2919 , FAX: 800-211-5454 , w w buyboard,corn CONSTRUCTION-RELATED GOODS AND SERvicEs AFFig.......mmi.oN A contract awarded under this Proposal Invitation covers only the specific good's and services awarded by the BuyBoard, As explained in the IBuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing c erative. This BuyBoard contract does not include such services. Architecture or engineering services must be procured by a Cooperative member s rately, in accordance with the Professional Services Procurement Act (Chapter of the Texas Government Code) and other a lice le law and local policy. The Advisory, available at h Mio jag5gqLgesLij$ Np , provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request., By signature bellow, the undersigned affirms that Proposer has obtained a copy, of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation, If Proposer sells construction-related goods or services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers, aware of such requirements, and provide a Cooperative member with a copy of the Advisory before executing a Member Construction Contract with the member, or accepting the member's purchase order for construction-related goods or services, whichever comes first, Vector Concepts, In�c. Company Name Jody Skaggs Signature o Autl rued Corn any Official Printed Name 10/31 /2017 Date Page 13 of 68 Proposal Forms CONS"v.08.17',2017 ard Cooperative Purchasing 12007 Research Boulevard I Austin,Texas 7,8759-2439 - PH: 800-695-2919 1 FAX: 800-211-5454 , wv w,bu.y crrd.corn DEVIATIPAI AMD COMPLIANCE, If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with thiis Proposal invitation, your MUST list all such deviations on this form, and provide complete and detailed information regardling the deviations on this form or an attachment to this form. The Cooperative will consider any deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted deviation, In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unlless, accepted by the Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation,. Please.check (-V) one of the folllow�'n . W NO; Deviations El Yes; Deviations List and fully explain any deviations you are submitting: .......... ..............- ............. N. 1. Shipping Via: F3 Common Carrier Company Truck El Prepaid and Add! to Invoice El Other: 2. Payment Terms: X Net 30 days El 1% in 10/Net 30 days El Other: 3. Number of Days for Delivery: ARC 4. Vendor Reference/Quote INumber: 5. State your return policy: 25% restocking charge 6, Are electronic payments acceptable? [:]Yes El No 7. Are credit card payments acceptable? �Yes El No Vector Con pts, Ing,, Company Narn Jody Skaggs W W W Signature o Aut rued Comp ny Official Printed Name Page 14 of 68 Proposal Forms CONST v,08.17.2017 0 ard DuCooperative Purchasing 12007 Research Boulevard I Austin,Texas 78759-2439 - PH: 800-695-2919 , FAX 800-211-5454 ® w w b yj�g:,L Qqi -M.— U L(Lc L DEALERSHip LISTINGS If you have more than one location that will service a contract awarded under this, Proposal Invitation, please list each location below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for the Contract and the performance of all dealers, under and in accordance with the Contract. Af Company Name Address City State Zip Phone Number Fax Number Contact Person Company Name Address ........... ....... City State Zip Phone Number Fax Number Contact Person Page 15 of 68 Proposal Forms CONST v.08.17.2017 ard DwCooperative Purchasing 12007' Researchi Boulevard - Austin, Texas 78759-2439 , PH: 8010-695-2919 , FAX: 800-211-54,54 - w vy 1jgy1Lo L jc�gnj TEXAs REGIONAL SERVICE DESIGNATION The, Cooperative (referred to as"Texas Cooperative" in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you —must indicate the specific regions you will service on this form, If you propose to serve different regions for different products or services Included In your proposal, you must complete and submit a separate Texas Regional Service Designation for for each group of products and clearly Indicate the products or services to which the designation applies In the space providedat the end'of this for By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services In those regions. Designating regions In which you are either, unable or unwIllIng to provide the specified products and services shall be grounds for either rejection of your proposal or, If awarded, termination of your Contract, Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this,form, Regional Education service Centers I will service Texas Cooperative members statewide. 1 will not service Texas Cooperative members statewide. 1will only service members in the regions checked below: - 'T ... R Headauarte rs I Edinburg k 2 Corpus Christi 3 Victoria k, 4 Houston Beaurnont 5 5 6 Huntsville F 7 Ugore X 8 Mount Pleasant 9 Wichita Falls 10 Richardson ........... 11 Fort Worth 12 Waco 13 Austin 14 Abilene 15 San Angelo 16 Arnarillo, Vector Co, epts, I nc. 17 Lubbock 18 Midland Company Na e 19 El Paso 7 20 San Antonio Signature f Au orized Corn any Official Jody Skaggs I will not service members Printed Name of the Texas Cooperative, Page 16 of 68 Proposal Forms CONST v.08,17,2017 ardo DCooperative Purchasing 120:07 Research Boulevard , Austin,Texas 78759-2439 - PH: 800-695-2919 , FAX: 80�0-211-5454 ® w.w,w,.b111t9,�1,.Co-r..11 If thi.5'Texas Regional Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: Page 17 of 68 Proposal Forms CONST v.08.17.2017 PCooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 - PH: 800-695-2919 1 FAX: 800-211-5454 ® W w,b STATE SERVICE DESIGNATION The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete this form if you plan to service the entire United States, or will service only the specific states indicated. (Note:If you plan to service Texas Cooperative members, be sure that you complete the Texas Reglonal Service Designation form.) If you serve different states for different product or services included In your proposal, you must 5 5 55 , um s comp/etc and submit a separate State Service Designation form for each group of products and clearly Indicate the products or services to which the designation applies in the space provided at the end of this form. By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. designating states In which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your proposal or, if awarded, termination of your Contract. Pleasecheck_( o- I tjat__p ly:Cl I will service all states in the United States, I will not service,all states in the United States, I will service only the states checked below: Alabama Alaska El Nebraska El Arizona ❑ Nevada IN Arkansas ❑ New Hampshire El California (Public Contract Code 20,118 & 20652) El New Jersey El Colorado E New Mexico El Connecticut D New York El Delaware El North Carolina El District of Columbia El North Dakota El Florida El Ohi:lo Georgia N Oklahoma Hawaii El Oregon Idaho El Pennsylvania El Illinois El Rhode Island El Indiana El South Carolina F-1 Iowa El South Dakota Kansas 0 Tennessee ❑ Kentucky FN Texas ❑ Louisiana, F Utah El Maine El Vermont 0 Maryland [:1 Virginia El Massachusetts El Washington, [:1 Michigan [I West Virginia El Minnesota El Wisconsin El Mississippi ❑ Wyoming El Missouri El Montana Page 18 of 68 Proposal Forms CONST v.08.17.2017 Dcooperative Purchasing 12007 Research Boulevard I Austin,Texas 78759-2439 , PK 800-695-2919 ' FAX: 800-211-5454 - wvt�v b b.o.ard.com This form will' be used to ensure that you can service other governmental entities throughout the United States as indicated. Your signature below confirms that you understand your service commitments during the term of a contract awarded under this proposal. Vector Concepts, Inc. ....... Company Name Jody Skaggs Slignat e of uthoriz Company Official Printed Name If this State Service Designation form applies to only one or some of the products and services proposed by Vendor, list the products and services to which this form applies here: IPage 19 of 68 Proposal Forms CONST v.08.17.2017 ,ardo DuCapparative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 , PH: 800-695-2919 , FAX: 800-211-5454 - www.b NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity, The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughlouit the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on thie State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as"Vendor") agrees as follows: I. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("Underlying Award"), the National Purchasing Cooperative ("National Cooperative") may - but is not required to - "piggy-back" on or re-award all or a portion of that Underlying Award ("Piggy-Back Award"), By signing this, National Cooperative Vendor Award Agreement ("Agreement"), Vendor accepts and agrees to be bound by any such Pigigy-Back Award as provided for herein, 2. In the event National Cooperative awards Vendor a Piggy-Back Award', the he National Cooperative Administrator ("Bu!yBoard Administrator") will notify Vendor in writing of such Piggy-Back Award', which award shall commence on the effective date stated in the Notice and end on, the expiration date of the Underlying Award, subject to annual renewal's as authorized in writing by the BuyBoard Administrator, Vendor agrees that no further signature or other action is required' of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing, 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state,of purchase, as required by the Underlying Award. However, nothing in thiis, Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. S. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated' from National Cooperative members through the Piggy-Baick Award, Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shal!l have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; andl, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award' shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and' National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative, In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then on,ly to the extent necessary to reconcile the conflict. Page 20 of 68 Proposal Forms CONST v.08,17.2017 DuCapperative Purchasing 12007 Research Boulevard I Austiti, Texas 78759-2439 - PH: 800-695-2919 1 FM 800-211-51,454 1.www,buboard.com 7, This Agreement shall' be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virg,inia, 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is, 'within the sole discretion of National Cooperative, and that thiis Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy- Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for, herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Vector C qncepts Inc. co o - Name of d r Proposal Invitation Number Jody Skaggs, Signiatur of Ay horized Company OfficiaF— Printed Name of Authorized Company Official 10/30/2017 Date Proposal Forms CONST v.08.17,20,17 Page 21 of 68 Pca cooperative Purchasing 12007 Research Boulevard ® Austin..,Texas 78759-2439 ° PH: 800-695-2919 , FAX; 889-211-54 4 1 wwk.b _ or1~ FEDERAL The Cooperative strives to provide its members with the best services and products at the bast prices available from vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions, 1n Provide the dollar value of sales to or through, purchasing cooperatives at or based on an established catalog or market price during the previous 1.2-month period or the last fiscal year: (The period of the 12 month period is l �). In the event that a dollar value, is not an appropriate measure of the sales, provide and describe your oven measure of the sales of the item(s), 11-°;, 4 7 e , . ""f,y,t, ' 2, y submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in thie past has served, as any warded vendor. Rows should' be added to accommodate as many purchasing cooperatives as required. ■ 1, Fadlaral General Services Ad!miu�istration . T-P'ASS (State of'Texas) No . U.S. Communities Purchasing Alliance No 4. rational IPA,BTCPI No 5. Houston-Galveston Area Council (HGAQ No _.-.-i. ni - -.-�_ ....m ...... . National faint Pavers Allianciance (hIJPA), No 7. E&I Cooperative No 8. The Interlocal Purchasing System (TIPS) No g. Other No, Y COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current anid proposed discounts. Current Discount /o m'®-._ ..._ Proposed Discount / g � a Explanation: Froposall Forms CONST v.08.17.20 7 Faye 22 of 68 ard PFCooperative Purchasing 1200�7 Research BoWevard I Austin,Texas 78759-2439 " PH: 8,00-695-2919 FAK 800-211-5454 , Ey8mbu board.corn By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to maike thiis certification. Vector Concepts, Inc. Company Name Jody Skaggs Signature of A)Ahorj ed Company Official Printed Name Proposal Forms CONST v.08.17,2017 Page 2.3 of 68 DuCooperative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 , PH: 800-695 2919 , FAX: 800-211-5454 , w..vv b (qard,corn GOVERNMENTAL REFERENCE'S For your Proposal to be considered, you must supply a miin:imum of five (5) individual governmental entity references, The Cooperative may contact any and A references provided as part of the Proposal evaluation, Provide the information requested bellow, including the existing price/discounts, you offer each customer, The Cooperative may determine whether prices/discounts are fair andl reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts you offer other governmental customers, Attach additional pages if necessary. Quantity/ V0lUM@L_ Garl dl ISD Stoney Crump 972-494-8780 scrump,@garlandi�Isd.net yboard 476-15 2, Burleson, ISD ... Cliff Holden 817-,366-0129 cholden@bisdniail.net Buyboard 476-15 S. U'TDallas Trivia Losavio 972-883-�2096 tlos�avio@utdallas.edlu Buyboard476-15 ................. ........... 4.TexasTech Roland Gonzales -742-3844 rolanid.gonzales@ttu.edu Buyboard476-15, 5.TWU StephanieAndrus 940-898-3147 sandruls,@mail.twu.edu Buyb card 476-15 ..........................---------- Do you ever modify your written policies or standard giovernmenital sales practices as identified in the above chart to give better discounts (lower prices) than indicated? YES M NOE] If YES, please explain: We reserve the right to adjust the pricing on any project over 3,000sf in accordance to our Buylboard price schedule By signature below, I certify that the above is true and correct and that I am authorized by my company to make this certification. Vector Co pts'l l,N C prized Company Ala Signature o Aut orized Com6any Official J V ody kagagas Printed Name Pagie 24 of 68 Proposall Forms CONST v.08.17.2017 DwCooperativePurchasing 12007 Research, Boulevard m Austin,Texas 78759-2439 ° PH: 06-695-2919 ' FAX: 06-211-5454 wv r.b ard.com MARKETING STRATEGY For your Proposals to be considered, your must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. &PIURIV, Fx#a 1 , r; wilj"Inai*ly IM01m, Cooperative,membersof. 6uyftard contr,ad;,azidhow you W11continue to sgpporfthe wd f ' r ItrX r , Attach additional pages if necessary, We wN have contract number appear on all proposals whether said customer Os member or not.Emails wi01 have BuyBoard logo if alllowed.We will)display a01 we can at r tradeshows we participateto show our BuyBoard affilation. We also displaymembership r website and on all proposals,. Vector Concepts, Inc. Cm pa ny Sigrtat re of uthorized ompanyr Official Jody Skaggs Printed Dame Proposa0 Farms CONSI"v.08.17,2017 Page 25 of 68 PFCooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 - PK 8010-695-2919 , FAX: 800-211-5454 - w u rd.corn CON F1DENT1AhLRR2ER1K1ARy_1NfQRMA1M A. Public Disclospre Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposail Invitation, inclluding catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fail's to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law, Proposer will be notified of any third party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, or other materials, submitted: with the Proposal) contain information which Vendor considers proprietary or confidential? Please�check l'�l one of the following; NO, I certify that none of the information included with this Proposal is considered confidential or proprietary, YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded"YES"' you must identify below the specific information you consider confidential or proprietary. List each page number, form number, or other, information sufficient to make the information readily identifiable. The Cooperative and its Administrator will not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will disclose information when required by law, even if such information has been identified herein as information the vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheets If needed.) Page 26 of 68 Proposal Forms CONST v.08.17,2017 0 PFCooperative Purchasing 12007 Research Boulevard , Austin, Texas 78759-2439 , PH: 800-695-2919 , FAX: 800-211-5454 , vvww.byboard.com ------------------ S. Copyrightjn--forrnaLiQn Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please chegL& ne of the..following ; NO, Proposal (including forms, documentation, or other materials submitted with the Proposal)does not contain copyright Wortration. DYES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", identify below the specific documents or pages containing copyright information, Copyright Information,: (Attach addltlonal sheets If needed.) ......................... C. Co BuyBoard members (Cooperative andl nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals, of awarded Vendors. If you identified information on thiis form as confidential', proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members, Note: Neither the Cooperative nor its Administrator will be responsible for the use or cilstribution of information by BLyBoard members or any other party. D. Consent to Release Prop a[,, j@tion Notwithstanding anything in this Confidential/Proprietary Information forrn to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the public BuyBoard webs,ite, a copy of the proposal tabuIation for the Contract including Vendor name; proposed catalog/pricelist naime(s); proposed percentage discolunt(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. By signature below, I certify that the information in this form is true, complete, andl accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Vector, Co cepts, Inc. Company N ........... Signature f Au orized Co ponyOfficial Jody Skaggs, Printed Name 10/31/2017__ Date Proposal Forms,CONS v.08.17,2017 Page 27 of 68 PFCooperative Purchasing 12007 Research Boulevard I Austin,Texas 78759-2439 - PH: 800-695-2919 1 FAX: 800-211-5454 , w bu board.corn VENDOR BUSINEss NAME By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and accurately provide the information requested below or your Proposal may be deemed non-responsive, Name of Proposing, Company: Vector Concepts, Inc. (List the&Q?/name of the company seeking to contract with the Coopetalive. Do NOT list an assumed name, dba,aka, etc. here Such information may Coe Provided below if you are submitting a joint proposal with another entity to—provide the same proposed goods or services, each submitting entity should complete a separate vendor Information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their,own Proposals) Please gbeckl-VI one oi_Lht following: 1ypg_qf Business,: Individual/Sode Proprietor Corporation Yes Limited Liability Company Partnership Other If other, identify State of Incorporation, (if appkable): Texas Federal Employer Identification Number: 75-23,58115 (Vel7dbr 17,7ust iriclude a completed I R,$ -9 form with their proposal) List the Name(s) by which Vendor, if awarded, wishes to be identified on the Buy card: (Note: If different than the Name of Proposing Company listed above, only valid trade names pt;a, aka, etc) of the Proposing Company may be used and a copy of your Assumed N3177e Certificate(s),If aPpkdble,MUSt be attached.) Vector Concepts, Inc. ........ Page 28 of 68 Proposal Forms CONST v.08.17.2017 ForeRequestfor Taxpayer x e p«ffn<"Fonrie to the QFtay.December a,�rtn � Identification Number andCertificationrt� tnt� tear. eta not p ordxruerrt of nhrn 1,ao,,axythe . lute aarlRevoran�uetue lce send to t Name(a.,stiown ouni yont, finelrnc orne tax return),N wnre is required on!t fine �- tnus Birao;do not leave this hfaonk:. VECTOR CONCEPTS, ING, ne/ i Eusdnoss earn er disregard d erattty rn�arrrw If diftcrent farm above sr wsw y Check appropriate crcax for ps.cRr.mWafl tax rtlas cfPa:„,ptraaia,check Only One of the f<adlow ang seven trnn haara,ra: 4 Exerraptions fco de.0 apply sandy to certain entities,not individuals;see F.]tlrnc8 wnrrSeanl/ncrogca proprietor or C C r>or atacaw° xf gar or ails n �._l P artnersPrinp'i' �_...0 1 ri .tia,e't°onv: naG ae,tc uns aar p hype:fp: f" _. ,w F y stngde-nneurrrwerLLC faxrirn t ee:= adarQtl�tara Aa. Limited li sdAIty ccnnp any.Enter gilt tax C2a,ssificltiora IC=C corpor aflo h = corpora�toraur,t"= art red shjp y�� 'y' y) 0 Note,For a angBe-rnerciber L C;ih at is disregarded do not check l.C.ff,a:,kroe ck the appropriate box tiro Metlr�re Ltitaa�aw for tl;fxary p graan fa�crurs FFFCtA se p�rartno�ng c the tax r"9,.sss fuc aUon of the ing➢ea-i nernraer cwnrrrd,r. code(if any). "" 0�0tnor�(see Instructions)bi Mrpk fa xv cow4s ki� raa- eaau� n Ole fI'm'.d ,... l ...,,.,, ._._.-- .. _.__.....____. ..,....,,_,..............________.w...,....,...._.,..,._....__— .....,�.,....,_._____...._.__ ......... ._.._..,. .._ ....._.,,_. ..._.._.._.�....,. d Address(uuu�nnhar„snrr,cet,mid apt.tart oatw, F'Requr,aters ruaavms arurd aefdra,:ro,(rspa�r u�adp �a" ftfF tw9E ' tt ..,...m............ _._... r 6 CIty,,statx and ZIP code an to IRVING, '`X 75063 ..... .......... ... _, ? d.e.�t hceaaeuwrk raaufusr(mp lnwaun,µ�rpfscnaRp 7MMM W° � �tr�r��tft�. ftr�t� fttrtt° �'9 .. .xx � .". ,, ,, ua lerue,'d Irro aavoNr�rrn tfne��apap">ntrarx�'kav� tax p h�7111p�V pWwu°��wuJr.�r�rruzu�G ter�t��d ttr� rraru"I uvauw`a a ind°icnddt>nap For ont'du�wucfu.nU� tha. uo c arwesu6dy yo¢sr on a nt:. Mctarutynwuruntaer(SSN).h aweve;,for ter„acwla,prrup rue tcnn crr fauaueynarctc y r.ntut"l see II°ne f w dd N awr trtkc,f�eaob,tt on g ,i. For c�u hery yofrr entrployer antar tlfnoct@on n�a er° F iFl pf you efo n rt�ha�ave na nnur ,nber„tee HMV f°n vent aw or, ul Note. If the account mo Grru utaoue,than ono narrne,see the kustrucflons for puns t and the,Chart ran piacten 4 for rnnptwyaw RaFeuu4sap zuaoxt raaarurdew guideline on whose rnur ber to ernter, _�mm [7 i,.Irnrde°r penalties of perjury„I certify that: t. The number shr)wn on this f'orrn da tiny correct taxpayer iderrffp'rantion rnu.arnber(or i auto wwaadting for a nurrnhar to be is"uae d to rune),and 2. C am rnotsubject to backup withhoidnig becauser, (a(p am exempt fro n'n backup up vrdthholedinfg,cur(b)E have not been notified by the Irnlerruanl Revenue f3aarvice,(R,3)that I arnn subject jest to backup,withholding as ra resu9t of as fap'flure t a rr,i 0 interest or dNicpain ru,or(c)ttw lG S has inofi`firc:d rile f8r,at h aain ncn iearnt.,@aar°aaaBrgnsu°:C�to backup withhcktl nct„ airwc't 3, 1 aarrr a A.f. ,Citizen or other U.S.person(defined fneNioww)w and 4.The F TC A Code(s)entered on:thirs form(if many)ikuefticaatirntg fln<at I am exiemp;ut frog n FATCA rep;northnpg is correct, Cerflfa"sceatio n'p notrtactprnrao."you rnnrrat cross Out item 2 above of YOU have been notified by the iR S that YOU are currently subject to backup arrrlttllholdirkcg r c al.use you have fafled to r eporf ndt iwnteurelat and divideridg on your tax retuuni,For real estate transactions,Kern 2 doge not apply, For rniortgaigie nnnterest paid,acquue fiotk or abandonment of secured property,carncellafiaorn of debt,contributions to art i ndivklk,ual reflr'ern enf arrarnpderwnerdk(M),and rgeeuner,adly,payments other tftarn orAerest and dividwend$,you are nok required to so gn the ceMicaflon,but YOU must provide your correct fib.See the instructions on page 3. &gn Saglaatnaa°e eC' IW��w"'rar, Iel dl u�tt�=ions. ...... .....»�,,.,,._ �.-�».,.,,.............�.,..�.,�.__.,.�,..,�.....�...... �« .� _.,�.�...�.,...,_____ p d Crake Fomm'10Ed(hooine mortgage arricrest),1098E(student toaarn irrrerest,1t1,7E_.I,. (r,urflon) Secbon references talus to the drrtt irn W Ede vewr i,W COde unless ofl"arrvvnas°,noted, -Form 1099-C(canceled debt), Future devefcrpments information eEoi.ut rdamedopnne¢nli affecting Faonm 1Jw""-9(rsuch -Forum'i 0E19-p(acqulsi�fi n or atiandonisnent of sea ur,eck pfropenty) as BeegisdatiW1 ensaoted after,we release in is at www,irn,tgovBPwv. Use Form yf•C only Ef you are,a V,d,E,.pair son(including a re.rdent alien),to Purpose of Form provide your a orcect Motu`. Art InatMdual or entity i(Fora'n -E unpwae Merp who is rerpanrred to file an information If you do not return Form W-y to than requester with a'Ftl ;you red"gh^t be.,uhro/eet retun'r With the IRS must obtain your correct taxpayer identification rrauniiao r to backup a ni@drholadcrxg.Secs What ks trrac,Faup v nhrholdin,g?on page 2. wfth may he your sadist security number(SSC t)„indi kfiral taxpayer Identification By signing the filled-out fount,yciur number(1 fdC+d),adoption taxpayer ddernfcfncataan number(ATfl ) or ernnrdticayer 1 'ertiff that the"i"IN you are giVirI g'is correct(nor you are,veanfing for a unvr;nit,D r lde nfif„catiown number(EIN),to rrepacort,on an information rehon the aarruourrnt paid to f be issued), you,or other ammounf reprcartadle on winfurrrnatkan return Exarnpkes of nnforrvs�ca u,bo retums iridudo,tsaaf'are not pirnited to,tR're faodrawraragn k.Serto¢pt that you are rant,,Ubject to backup w ithho iding,or Furey'10,99-WT(urokr rest earned or pzid) 1 CWrn exemption frornr backup w ithhraddnngg it you are a to S.exerrrupt payee,if Form 1099-,DI (rfuvrc_terndiis,i nck,uding those frc nn stocks or wanutual fundsX apnpIca We ym,u we al ea i erfififir r)that as a US Person,your a0 ac afrle*share of F'arna 1�1aa1)-ttllE Qwarno,.es types off i'�i�a,ouiac garmfro awards,or gross r,.u,,.. any parinu rehlp nnc:omo from<a tt i trade or bi, n"oa- s u not�susdfea,t to the f pas ur,eedsp vwutl uholldi ntg tax on for 6gn paartners „hrim of a i feo,iivedy connecrerd Munroe,and ka Form F1gg..E(shock car rarautu�af fund rsWe^s andrsarlsrrn orhe;r tter, sackdonss t y 4.Certify that F A rCA c ade(ss)entered ors th is�form(if nosy')dunk<�akYng that you area ( exe rapt fo orn Vie FA CA reporting,is correct.tams:"What ua dxf t"CA xepaos-tin g?on For¢an 1099-S(proceeds frorni real car ate traa¢`nsaacfNcarus( page 2 for further infnrrnatior, Forrrr 10 19-d(rriouchanl card and thfut party r'IeV. ork,transactions) Cat n"darc'8C)2;3''u)f w,�.. .....�,,,,�..._„ .._..�...�,,,�.�..�..�......_.._.V„ kaora°rr 12.20141 PVC00perative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 - PH: 800-695-2919 - FAX: 800-211-5454 EDGAR VE,N,,DOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations,, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 20O (sometimes referred to as the "Uniform Guidance" or new "EDGAR"). All Vendors submitting proposals must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with, certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use whiile considering their purchasing options when using, federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the BuyBoard contract's general terms and conditions, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts, For -edc_h of the Items below, Vendor should certify Vendor"s agreement and ability to comply, where applicable, by having Vendor°s authorized representative complete and initial the applicable boxes and'sign the acknowledgment at the end of this form. If you fall to complete any item in this form, the Cooperative well consider and may list the Vendor`s response on the BuyBoard as 'WO,"the Vendor is unable or unwilling to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $,150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractor's violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18,, Remedies for Default and Termination of Contract, Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary conbact, or Mernber Consi.rucLion Conbaci. agreed upon by Vendor and tine Cooperative membei which must be consistent with andl protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be, available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms, ............- 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,0010 made using federal funds, you agree that the following term and condition shaill apply: The Cooperative member may terminate or cancel any purchase order under this, Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement Is terminated In accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's return pollcy If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's purchase, order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member's provision shall control. Page 29 of 68 Propcsah Forms CONs,r v.08,17,2017 0 ard PFCooperative Purchasing 12007 Research Boulevard ® Austin,Texas 78759-2439 , PH: 800-695-2919 , FAX: 800-211-5454 ® w .1LLLYL_&Lr_d,�(n LAL"LW. 3. Equal Employment:Opportunity: Except as otherwise proviided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with, Executive Order 11246, "Eqlual Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comip., p. 339), as amended by Executive Order 1.1375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference, Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted' construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. 4. Davis-Bacon Act: When, required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 314,1-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Laibor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages, not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www,wdol.gcrv. Vendor, agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland' 'Anti-Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"), The Act provides that each contractor or subrecipient must be prohibited 'from inducing, by any means, any person ernployed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled, S. Contract or Hours and Safety Standards Act: Where appliicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3,702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or,transmission of intelligence, 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award' meets the definition of"fuinding agreement" under 37 CFR 401.2(a), and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and: Cooperative Agreements,"and' any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Proposal Forms CONST v.08.17.2017 Page 30 of 08 its , iardo AwCooperative Purchasing I 12007 Research Boulevard I Austin,Texas 78759-2439 ° PH: 800-695-2919 ® FAX: 800-211-5454 ,yLvyj�Lj=[LQ�jLdgq i[L I- — _ — 1 ® General Compliance and Cooperation with Cooperative member�s: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements, 1"t r yel V 16MA NO b NOT'vndortekbfit�kloh lterh,'No,; d 1. Vendor Violation or Breach of Contract Terms Yes is 2, Termination for Cause or Convenience Yes is 3. Equal Employment Opportunity -—--------- Yes is 4. Davis-Bacon Act Yes is 5e Contract Work Hours and Safety Standards Act Yes, is Right to,Inventions Made Under a Contract or Agreement Yes is 7. Clean Air Act and Federal Water Pollution Control Act Yes is 8. Debarment and Suspension Yes is 9. Byrd Anti-Lobbying Amendment Yes is ................... 10. Procurement of Recovered Materials Yes i s 11. Profit as a Separate Element of Price Yes i s 12. General Compliance, and Cooperation with Cooperative Members Yes is By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Vector Co epts, nc. Company Ra e Signature Aut rized Co pIany Official Jody , kaggs Printed Name P Page 32 of 68 roposaa Forms CONST v.08,17,2017 0 ard PvCeoperafiveftrchasipy 12007 Research Boulevard I Austin, Texas 78759-2439 - PH: 800-695-2919 ' FAX 800-211-5454 , w�?w.,buyboarcl.con) PROPOSAL INVITATION OlUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work") under the BuyBoaird contract contemplated by this Proposal Invitation ("Contract"). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where indicated! below, and submit the signed questionnaire and your responses to all' questions in one document with your Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction, that would significantly alter its business or result in acquisition by another entity. Vector has been in business since 1991 and is NOT for sale. 2. Describe Proposer's direct experience (not as a subcontractor) performing the work proposed under thiis contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Proposer's capabilities relative to this contract. Vector, Concepts has been a Bulyboard member for the past 9 years and has performed work for many districts across, the state of Texas. We are in good standing and look forward to continuing this service. 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized' for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. Vector has been working with, Buiyboard members for 9 years and brings over 300 years combined experience to the members. We have the in, house staff to assist with proposals and take offs and we have the field personnel' to assist and guide with any prep and installation to provide turn-key service. Proposal Forms CONST v.08.17.2017 Page 33 of 68 ardo DUCOOPerative Purchasing 12007 Research Boulevard , Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX; 800-211-5454 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act). If you are performing work under the contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the contract? By the time we receive the contract these services have already been secured and in place. Should any changes come about that need approval by an architect we have no problem working and providing the necessary documents required t et the job completed. 5. Describe the tasks and functions that can be completed by Proposer in-house without the use of a subcontractor or other third party, Vector is abile to offer, turn-key. Take off/estimation, demo, and installation of products. ............. 6. Describe Proposer's financial capability to perform the Contract. State or describe the firm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or ainy of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. Vector Concepts is a solid financial company capable of performing the dtifles requ red. We are rated Exc0ent Mth our bonding company and fully insured. The same owners have been the leaders of the company since its start in 19,91 . 7. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution., None .......... Proposal Forms CONST v,08A.7.2017 Page 34 of 68 ard PFCoopera ive Purchasing 12007 Research Boulevard I Austin, Texas 78759-2439 - PH: 800-695-2919 , FAX: 800-2,11-5454 , www bu _COM & List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for whiich the surety was notified of a potential claim in regards to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. None 9. List all! litigation or other legal proceedings (including arbitration proceedlings and/or claims filed with a surety in regards to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relates to or arises from a contract similar to thiis Contract or the work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed!), if applicable, nature of the claim, and resolution or current status. None 10, Describe in detail the quality control system: Proposer will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. Long term manufacturer warranties suppled by manufacturer reps and Vector Concepts that work together on a daily basis. 11. If the work will require Proposer to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. Sure Tec - Tarnmie Fouda Proposal Forms CONST v.08.17.2017 Page 3S of 68 PFCOuperative Purchasing 12007 Research Boulevard I Austin, Texas 78759-2439 - PH: 800-695-2919 ® FAX: 800-211-5454 ' www,buy o r aLd-cg Ln 12. Describe in detail all documented safety issues, if any® that have involved Proposer in the last three (3) years related to the type of work contemplated under this contract, Provide a 3-year history of your firm's workers compensation experience, modifier. None By signature below, I certify that the information contlamed in and/or attached to this Proposal Invitation Questionnaire in response tote above questions is true and correct and that I am authorized by my company to make this certification. Vector Conice s,, Inc. 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(A 1� U- U'j f2L— LL 4 co CD Ln Z I r- 6.4 0 4A, 0 In 00 z x 0 .............. u LU CL z 0 .S < 0 44 as 0 u (A W CL r 'o 0 . 0 M CL lo 2 F40 0. 0 ro aD rL C CL Lo S (U fA M E 0 0 m u 0 0 0 CL 2 =01 r ICA 4w M, 401 m m fa u 1 v ri co Qj W m Ln o c (u CL m 2 EL M Ln z :RO t 0 U-) 'M C� c 40- (A 4- ttz 0 4� to V .�n- Ln = ar Z u 4Sp4=a 41 Cl u c 0 =3 -C-)) 2 v) 0 0 o 0 CL 0 — 0 111WE MEN uiu1i1111a MIUM 1111110 1i1 MIN Elm" a � Hi m �w a �ew��Gs��InA1114111111.1111 m t_7 II(W "4I I4 ht *xl 3 � Our 111,-Xv Oonn u 1�onnt1rWtcd To 'I`Nm 1 uccc �s, 111.oncn;:rned III of Fh6f lu"iwcg11_amc October 11, 2017 The Local Government Purchasing Cooperative Attn: Bid Administrator 12007 Research Blvd Austin, Texas 78759 Re: Vector Concepts, Inc. Authorization for: Approved Dealer for Material and Installation To whom it may concern: Adleta Corporation names Vector Concepts, Inc. as an authorized dealer for the BuyBoard contract. Adleta Corporation authorizes Vector Concepts, Inc. to offer products and services listed on the BuyBoard contract to the State of Texas pursuant to the Terms and Conditions of the BuyBoard contract. Jody Skaggs will be our point of contact at Vector Concepts. Mr. Skaggs may be reached at (972) 313-3129, 9010 N. Royal Ln. #110, Irving, TX 75063. Please feel free to contact me should you have any questions. Sinc rely, Douglas Jo son Senior Vice President Armstrong Flooring 64 I):I I'I 0 I1JbA..1... A11.::,1 OI I 101 1 11 Q s r9)06 , l6A) 600 �rmstrong, FLOORING Inspiring Great Spacese October 18, 2017 Vector Concepts in Dallas, TX is a certified Armstrong flooring contractor. Vector Concepts is approved to sell,install,and service the Armstrong brand inthe United States. Pleasefeel free to contact mewith any questions. Vector Concepts 9010 N. Royal Lane, Suite 110 Irving, TX 75063 Phone: 972.793.0630 Fax: 972.790.7535 Russell Gage Regional Market Manager—South Central Cell: 682.218.9128 r��a�earmstron�floorin�,com armstrong.com J S 1 / / / I // r i / 9 i 1 i �aaam� o l / / / f 111 i r f r/ i f 1 J / r l i G i / / October 26, 2017 Reference: Recommended Installer To Whom It May Concern, I am writing this letter in reference to Vector Concepts, located in Irving, Texas and the installation of Flexco flooring products. Flexco does not"Certify" installers but does provide recommendation occasionally for the installation of our products. In this occasion, Vector Concepts of Irving, Texas is a flooring contractor considered to be in good standing with Flexco and we have the utmost confidence in their ability to complete the installation of Flexco flooring products. With this recommendation, Flexco is not committing to an installation warranty for the products installed by Vector Concepts. If you have any further questions, please do not hesitate to contact us. Best regards, Rex Smallwood Technical Product Specialist 256-324-7006, cell rex ncctechnical.co cc: Marty Ureda, Flexco File Attachments: None gerflorUsaxom Ggerf or mowmL thefkaoringroup October 12, 2017 The Local Government Purchasing Cooperative Attm Bid Administrator 12007 Research Blvd. Austin,TX 78759 Re.Vector Concepts,Inc. Authorization for Approved Dealer for Material and Installation To whom It may concern: Ger-flor USA hereby names Vector Concepts,Inc.as its authorized dealer for the BuyBoard contract. By signing this letter, Gerflor USA hereby authorizes Vector Concepts, Inc,to offer products and services listed on the BuyBoard contract to the State of Texas pursuant to the Terms and Conditions of the BuyBoard contract. Jody Skaggs will be our main point of contact for Vector Concepts, Inc. Mr.Skaggs can be reached at (972)313-3129,9010 N. Royal Lane 4*110, Irving,TX 75061 Please feel free to contact me should you have any additional questions. Sincerely, Benjamin Bachman Chief Sales&Marketing Officer Gerfla,USA 877-GERFLOR(437-3567) A R C:H I f E C T U R E', DEC014AFION 595 Suprerne C1r. S)P 0 RT Bensenville,IL 60106 — USA TECIANOSPECIFIC Our rnlssion is to address the many Important social issues of today;with an Uncompromising commitment of Talent,Time and Resources to the global communities where we Live,Work and Play.Gerflor USA is committed to highlighting and supporting programs that strive to positively impact our communities and their farnilles.'"rhat Principle has guided our partnerships in the past and rema+ns our vision for the future. 11"11 MARKEL August 8, 2017 Re: Vector Concepts, Inc. To Whom it may concern: It is with pleasure that we express our confidence in our contractor client Vector Concepts, Inc. We have written bonds for Vector Concepts, Inc. since 2005 and have approved numerous requests for bid and performance bonds. While we do not have a formal bond limit for Vector Concepts, Inc., we would consider any reasonable requests for surety credit. In the past, we have considered bonds in the $1,500,000 single range with an aggregate limit in the $5,000,000 range. Bonds are rated according to the work that Vector Concepts, Inc. is contracted for. Suretec Insurance Company has an A.M. Best rating of A (Excellent). Any arrangement for bonds is a matter between Vector Concepts, Inc. and the surety and we assume no liability to you or third parties if for any reason we do not execute bonds or if circumstances change after the date of this letter. Should you have any questions, please feel free to contact me at 888-716-2663. Sincerely, L'7 Fd'uu/ttaG /Y Douglas Fountain Vice President Markel Surety SureTec Insurance Company Il au°III< III Suuirety 57 T. 1 cgacy 4:ui ive,X fte 210, IFlIa o, IX 750 r vvvvvu.cweLec.cain www i nai<e1coi I.r coi n Milliken Et Company 920 Milliken Road Spartanburg, SC 29304 202-480-6461 www.millikencarpet.com tam[in.antoine@mi[liken.com Date: 10/27/2017 The Local Government Purchasing Cooperative Attn: Director of Cooperative Procurement 12007 Research Blvd. Austin, TX 78759 RE: "Letter of Authorization" for Flooring Contractor per Proposal No. 561-18 Milliken Design, Inc. authorizes Vector Concepts to promote and install Milliken carpet, carpet tile, luxury vinyl tiles, and related products to members of Buy Board Purchasing Cooperative Contract and the local government purchasing cooperative as defined and outlined in Proposal No. 561-18. Vector Concepts has authorization to respond to all regions of the State of Texas. Sincerely, Tamlin Antoine Director of Government Sales Milliken Design, Inc. cc: Vector Concepts rM S''� N�iil A F LOO R I N G.......... I........... C �................ S UPPL, Y' Austin 9 Colorado Springs 9 Dallas 9 Denver 9 Fort Worth 9 Houston 9 Idaho Falls 9 Little Rock Lubbock 9 McAllen 90klahorna City 9 San Antonio 9 Shreveport 9 Salt Lake City 9 Tulsa www.ProfessionalFlooring.com September 10, 2017 The Local Government Purchasing Cooperative Attn: Bid Administrator 12007 Research Blvd Austin, Texas 78759 Re: Vector Concepts, Inc. Authorization for Approved Dealer for Material and Installation To whom it may concern, Professional Flooring Supply names Vector Concepts, Inc. as an authorized dealer for the BuyBoard Contract. Professional Flooring Supply authorizes Vector Concepts, Inc. to offer products and services listed on the BuyBoard contract to the State of Texas pursuant to the Terms and Conditions of the BuyBoard contract. Your point of contact is Jody Skaggs at Vector Concepts, Inc. He can be reached at 972-313-3129, 9010 North Royal Lane, Irving,Texas 75063. You are welcome to contact me if you need further assistance. Sincerely, Ryan Corley Vice President of Sales Professional Flooring Supply PO Box 7558 Ft Worth, TX 76111 Ph 817.834.4737 %MMMMMW ROPPEn Proven. Flooring. Experiences inm 7 October 18, 2018 0 L To whom it concern, Roppe recognizes Vector Concepts as a valued partner in selling an installing Roppe products. We have a long track record of successful installations with Vector Concepts and are confident in their ability to continue to do so in the future. Sincerely, Vance A. Haas Regional Representative Roppe Corporation. vhaas@roppe.com 419-619-7314 Roppe Corporation, U.S.A. 0 1.800.537.9527 1 419.435.8546 rOp e. O 1602 North Union Street Fax: 419.435.1056 Fostoria, Ohio 448 30-1 1 53 E-mail: sales@roppe.com i I' S P ra YLo c k CONCRETE PROTECTION October 19, 2017. Local Government Purchasing Cooperative Attn: Bid Administration 12007 Research Blvd, Austin, TX 78759 Real Vector Concepts, Inc. Authorization for; Approved Dealer for Material To whom it may concern Spray-Lock Concrete Protection hereby names Vector Concepts, In, as its authorized dealer for the BuyBoard contract. By signing thiis Metter, Spray-Lock Concrete Protection hereby authorizes Vector Concepts, Inc. to offer products listed on the BuyBoard contract to the State of Texas pursuant to the Terms and Conditions of the BuyBoard contract. Jody Skaggs will be the main point of contact for Spray-Lock Concrete Protection at Vector Concepts. Mr. Skaggs' contact information is provided below: (972)313-3129 9010 N'. Royal Lane#110 Irving, TX 7'5063 Please feel free to contact me should you have any questions. Regards, L Olivier Le ai re Senior Vice Pr sident, Sales S: ,'nay,.L.a c,k f.'o ry retea° Noteclion d LG4 I 5959 °1h,,-,0lovvf1ord F�erad SLflte d05 (.Ih eUanooya, 1 ° /42f Office,423 305 6 B 5 I Fax: 423.305.61 50 1 0 P.O. Box 40,01,Austin,Texas 78767 WBoard 800.888.291118. info(aalbUyiaeard.cann .lbr.lylboard.conn —April 24, 2020 Sent via email to: iskaggs(c�vectorconcepts.com Jody Skaggs Vector Concepts, Inc. 9010 N. Royal Lane, Suite 110 Irving TX 75063 Re: Carpet&Tile Flooring, Stage Floor Refinishing, Concrete Polishing, Grinding and Staining BuyBoard Contract 561-18 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Carpet & Tile Flooring, Stage Floor Refinishing, Concrete Polishing, Grinding and Staining, Contract 561- 18, for which the current term is set to expire May 31, 2020. At this time, the BuyBoard is renewing your contract through May 31, 2021. This will be the final renewal of this contract. All discounts,terms, and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at coinin„ie,bu irlk t t sb.crlrr prior to the start of the renewal term. If you have questions or comments concerning this renewal, please contact me as soon as possible at coinin„ie,H a irlk t t sb.crlrr . We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, 7 Connie W Burkett, CTSBO Contract Administrator final renewal v.02.13.2020 Endorsed by * TASAV t N, •')W 9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 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. 2020.659156 Vector Concepts, Inc. Irving,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 08/19/2020 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, FC2001 Carpet Replacement Carpet Replacement Public Library 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermedlary Hamilton, Lesa Irving,TX United States X Sultana,Jason Irving,TX United States X Vector Concepts, Inc. Irving,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is. s5p�V1 f �Q�j and my date of birth is Myaddress is 0[fo IV 4°+.1AJ�—O—L ��, `� t ll� 1." n �, 6 6L. (street) (city)i (state) (zip code) (country) I declare under penalty iof perjury that the foregoing is true and correct. �p� Executed in G'C 1[ILL:! County, State or lG� o the (qg°flay of 20_70. (m® th) (year) Signature of utho ed agen IF contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state,tx, s Version V1.1.3a6aaf7d Municipal Facility Capital Projects FC2002 Carpet Replacement at the Public Library PROJECT DESCRIPTION&JUSTIFICATION This project consists of replacement of the carpet at the Public Library. The carpet at the Public Library is original to construction and is nearing its life expectancy. The Library has on average 250,000 visitors each year. The project would require the stacks to be moved, removal of the old carpet, and replacement with new carpet in the public and staff areas. Funding Source: $320,000 from Certificates of Obligation and $1,000 from Facility Service Fund (505). PROJECT STATUS ORIGINAL 2019120 ORIGINAL 2019120 START DATE REVISION END DATE REVISION Professional Services Engineering Land/ROW Acquisition Construction 10/2019 10/2019 09/2020 12/2020 Other REVISION EXPLANATION There was a savings in FC1902 Permanent Records Roof Replacement. We would like to transfer those savings to FC2001 Carpet Replacement at the Public Library. The Friends of the Library will be donating $6,000 towards this project. These funds will be used to pay for the professional service expenses and provide a small contingency in the project. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THRU REMAINING PROJECT 2019/20 REVISIO14 2019/20 BALANCE COST FUNDING SOURCES Certificates of Obligation $320,000 $320,000 $320,000 Reserves 1,000 1,000 $1,000 FC1902 Perm Records Roof savings 24,000 24,000 $24,000 Friends of the Library 6,000' 6,000 $6,000 0 $0 Total 1 $321,0001 $30 000 $351,0001 $0 $351 000 PROJECT EXPENDITURES Professional Services $0 $0 Engineering/Design 0 $0 Land/ROW Acquistion 0 $0 Construction 321,000 30,000 351,000 $351,000 Other 0 $0 Total $321,0001 $30,0001 $351,000 $0 $351,000 IMPACT ON OPERATING BUDGET No operating impact expected. ANNUAL OPERATING IMPACT 1 2019/20 2020/21 2021/22 1 2022/23 1 2023/24 1 TOTA501 Projected IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 9, 2020 SUBJECT: Authorize the purchase of six new LUCAS 3 Chest Compression Systems from Stryker Corporation for all City of North Richland Hills ambulances in the amount of$94,177. PRESENTER: David Rainwater, Assistant Fire Chief SUMMARY: Authorize the purchase of six new LUCAS 3 Chest Compression Systems from Stryker Corporation for all City of North Richland Hills ambulances in the amount of $94,177. GENERAL DESCRIPTION: The North Richland Hills Fire Department is replacing four LUCAS 2 Chest Compression units and adding two additional units. The new LUCAS 3 chest compression units are utilized during cardio-pulmonary resuscitation, and specifically reduce risk to paramedics from exposure to diseases such as COVID-19 while providing high-quality chest compressions to patients. The purchase of six units will provide a Lucas 3 compression system on each of the ambulances in the North Richland Hills Fire department. These devices will be purchased with the approved funds the city received from the CARES Act related to the expenses for COVID-19. Styker Corporation is the documented sole source provider of the LUCAS 3 chest compression systems for the hospital, emergency resonse services and emergency response training markets in the United States and Canada. RECOMMENDATION: Authorize the purchase of six new LUCAS 3 Chest Compression Systems from Stryker Corporation for all City of North Richland Hills ambulances in the amount of$94,177. 9/24/2020 General terms and conditions for all products,services and software subscriptions I Stryker Terms Su r licrr S m cs W-'orpora.Ikni (hroUgh NIS MO II Cifl ( h Wmi 1k I'l,l o rth NicMamI q q'ffl CPO (S I0 21 2020) TERMS AND CONDITIONS General Terms for all Products,Services and Software Subscriptions Stryker Sales Corporation,acting through its Medical Division("Seller")accepts Buyer's order expressly conditioned on Buyer's assent to the terms set forth in this document.Buyer's order and acceptance of any portion of the goods,services or subscriptions shall confirm Buyer's acceptance of these terms.Unless specified otherwise herein,these terms constitute the complete agreement between the parties.Amendments to this document shall be in writing and no prior or subsequent acceptance by Seller of any purchase order,acknowledgment,or other document from Buyer specifying different and/or additional terms shall be effective unless signed by both parties. Pricing. Pricing for the products and/or services is as set forth in Seller's quote. Unless otherwise indicated on Seller's invoice, prices do not include,and Buyer is responsible to pay,freight insurance,freight forwarding fees,taxes,duties,import or export permit fees,or any other similar charge of any kind applicable to the goods and services.All applicable sales,use,value added, excise and all other federal,state,local or foreign taxes will be invoiced in addition to the price of the goods and services unless Seller receives a copy of a valid exemption certificate from Buyer prior to delivery. Discounts may not be combined with other special terms,discounts,and/or promotions. Payment. Payment for goods and services shall be subject to approval of credit by Seller.Unless otherwise specified by Seller in writing,the entire payment of an invoice is due thirty(30)days after the invoice date for deliveries in the USA,and sight draft or acceptable(confirmed)irrevocable letter of credit is required for sales outside the USA. Limitation of Interest. Through the purchase of Seller products,services,or subscriptions,Buyer does not acquire any interest in any tooling,drawings,design information,computer programming,patents or copyrighted or confidential information related to said products or services,and Buyer expressly agrees not to reverse engineer or decompile such products or related software and information. Delays. Seller will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from an event beyond its reasonable control,including but not limited to,acts of God,labor disputes,the requirements of any governmental authority,war,civil unrest,terrorist acts,delays in manufacture,obtaining any required license or permit, or Seller's inability to obtain goods from its usual sources. Warranty Seller warrants its products and services in accordance with the terms of the limited warranties located at htt s: www.st keremer enc care.co lobalassets assets eneral-documents device warrant statement. df. ..............p......../L.........................................ry..........................................g................y.....................................m/g.....................................................L.............................Lg.........................................................................................L__�y..—.....................................................p........... The remedies provided under such warranties shall be Buyer's sole and exclusive remedies.Seller makes no other warranties, express or implied,including,without limitation,NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,AND IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL,CONSEQUENTIAL,SPECIAL OR OTHER DAMAGES. Compliance with Confidentiality Laws. Both parties acknowledge their respective obligations to maintain the security and confidentiality of individually identifiable health information and agree to comply with applicable federal and state health information confidentiality laws. Compliance with Law.The parties agree to comply with any and all laws,rules,regulations,licensing requirements or standards that are now or hereafter promulgated by any local,state,and federal governmental authority/agency or accrediting/administrative body that governs or applies to their respective duties and obligations hereunder. Regulatory Requirement for Access to Information. In the event 42 USC§ 1395x(v)(1)(I)is applicable,Seller shall make available to the Secretary of the United States Department of Health and Human Services,the Comptroller General of the United States General Accounting Office,or any of their duly authorized representatives,a copy of these terms,together with such books, documents and records as are necessary to certify the nature and extent of the costs of the products and services provided by Seller. No Debarment.Each party represents and warrants that neither it nor any of its directors,officers,and employees:(a)are currently excluded,debarred,or otherwise ineligible to participate in the Federal health care programs as defined in 42 USC§ 1320a-7b(f);(b)have not been convicted of a criminal offense related to the provision of healthcare items or services;and(c)are not under investigation which may result in such party being excluded from participation in such programs. https://www.strykeremergencycare.com/terms/ 1/4 9/24/2020 General terms and conditions for all products,services and software subscriptions I Stryker Choice of Law. The rights and obligations of Seller and Buyer related to the purchase and sale of products and services described in this document shall be governed by the laws of the state where Buyer is located.All costs and expenses incurred by the prevailing party related to enforcement of its rights under this document,including reasonable attorney's fees,shall be reimbursed by the other party. Proper Reporting. Buyer will comply with all applicable laws and regulations relating to the accounting and application of discounts,including but not limited to all Federal and State laws and regulations regarding reimbursement and proper reporting of discounting and pricing,such as the requirements of the discount"safe harbor"located at 42 C.F.R. 1001.952(h). Pricing under this Agreement may constitute discounts on the purchase of Products,and must be properly reported and appropriately reflected as required by law or contract,including on all applicable Medicare,Medicaid and state agency cost reports. Insurance. Seller will maintain adequate general liability insurance,including coverage for Products and completed operations,and workers compensation and employer's liability insurance against any claim or claims,which might arise out of Seller's performance of its obligations hereunder. Seller has the right to self-insure to comply with this requirement.When requested by Buyer,Seller will furnish an insurance certificate signed by an authorized agent evidencing such insurance coverages. Confidential Information. Subject to the applicable public information and open record laws,the parties hereto shall hold in strictest confidence any information and materials that are related to the business of the other party hereto or are designated by any such party as proprietary and confidential,herein or otherwise("Confidential Information'). The parties hereby covenant that to the extent permitted bylaw,they shall not disclose such Confidential Information to any third party without prior written authorization of the party to whom such information relates. The parties agree that any breach or threatened breach of this clause would cause irreparable harm to the other party,that a remedy at law may be inadequate to remedy such a breach or threatened breach,and that this clause may be enforced by way of a restraining order or injunction in addition to any other available legal remedies. Additional Terms for Purchase and Sale of Products. In addition to the General Terms above,the following terms apply to all purchases of products from Seller: Delivery. Unless otherwise specified by Seller in writing,delivery shall be FOB Seller's point of shipment and title and risk of loss shall pass to Buyer at that point.Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms.In the absence of shipping instructions from Buyer,Seller will obtain transportation on Buyer's behalf and for Buyer's account. Delivery dates are approximate.Freight is pre-paid and added to Buyer's invoice. Products are subject to availability. Inspections and Returns.Within 30 days of receipt of a shipment,Buyer shall notify Seller of any claim for product damage or nonconformity. Seller,at its sole option and discretion,may repair or replace a product to bring it into conformity. Return of any product shall be governed by the Returned Product Policy located at https://www.strykeremergencycare.com/return-policy/. Payment of Seller's invoice is not contingent on immediate correction of nonconformities.Buyer agrees that 30 days following receipt of shipment is a reasonable time frame within which to diligently inspect the products received and provide notice to Seller,and Buyer waives any right to reject the shipment or revoke acceptance thereafter. No Resale. Buyer agrees that products purchased hereunder will not be resold to third parties and will not be reshipped to any persons or places prohibited by the laws of the United States of America. Additional Terms for Purchase and Sale of ProCare Services. Service Plans. Seller shall provide services according to the applicable Service Plan purchased by Buyer and described at https://www.strykeremergencycare.com/service--support-overview/service-hospitals-ems/for the length of the subscription purchased and for the devices specified as covered by the Service Plan. In addition to the General Terms above,the terms and conditions located at https://techweb.stryker.com apply to all ProCare Service Plans. Additional Terms Regarding Wireless-Enabled Devices. In addition to the General Terms above,the data services provided by a third party are pursuant to the following terms: Payments. Payments to Seller are non-refundable as they are incorporating into the pricing of the connected devices. Geolocation. Buyer is responsible for maintaining the actual location of the devices within their facilities,property or buildings. Not Wireless Provider. Seller has contracted with an outside data services provider for the provision of services on behalf of Buyer.Seller is not a telecommunications services company nor does it possess any telecommunications personal property. Security. Buyer has the sole responsibility for ensuring the security of its network and data. Buyer will take reasonable measures to protect against unauthorized access. https://www.strykeremergencycare.com/terms/ 2/4 9/24/2020 General terms and conditions for all products,services and software subscriptions I Stryker No Guarantee.SELLER DOES NOT GUARANTEE SECURITY,UNINTERRUPTED DATA SERVICES,THE ACCURACY OF GEOLOCATION SERVICES,NETWORK TRANSMISSION CAPACITY,COVERAGE OR THE INTEGRITY OF THE DATA TRANSMITTED.Seller is not responsible for any consequential damages caused in any way by Buyer's hardware,software, network or other Buyer responsibilities. Additional Terms for Purchase and Sale of LIFELINKcentral. In addition to the General Terms above,the following terms apply to purchases of Seller's LIFELINKcentral AED Program Manager: LIFELINKcentral Services. Seller shall provide services according to the applicable LIFELINKcentral AED Program Manager purchased by Buyer and described at http„;//www,strykereme,rge,ncy,c,are,,,,com/se,rvc,e,-„-,s,upport„-,o,,v,,,ervew/lfelink,-,ce,ntral�for the length of the subscription purchased. Buyer's Duties.Buyer shall: • Take reasonable steps to notify building occupants and guests of its emergency response program and how to access it including initial and periodic email reminders,signage and visible placement of AED devices in facilities. • Use AEDs and/or other medical equipment in accordance with the standing orders,protocols or other instructions as may be provided by Seller whether in written form or otherwise(e.g.instructions from a licensed physician)and assure that AEDs are used and maintained according to the applicable manufacturer's labeling and instructions. • Notify Seller within 24 hours after an AED is connected to a person—even if a shock is not delivered(an"Event")and keep records of the Event for one year.Buyer shall assist Seller in its review of all Events,and provide Seller with information it reasonably requests regarding such Event. • Notify Seller immediately when an AED is in need of service. • Provide Seller with all information that Seller reasonably requests in connection with Seller's performance of medical authorization and direction services for Buyer. • Notify Seller as soon as possible after a material change in the information submitted to Seller as part of this Agreement. Training Requirements. Buyer understands that Seller recommends potential users of AEDs participate in a nationally recognized AED training session.Buyer understands that such training may be required by the state in which the AED is located in order to receive limited immunity from civil liability under Good Samaritan laws.Seller can provide names of nationally recognized training organizations. Good Samaritan Laws.Good Samaritan protection varies from state to state.Under certain situations,Good Samaritan Laws protect individuals from liability where they render first aid in good faith to persons in need without compensation.Seller makes no representation or warranty that Good Samaritan Laws will protect Buyer and/or its employees or agents.It is up to Buyer to make this assessment. Additional Terms for Purchase and Sale of Software Licenses and Software-as-Service. In addition to the General Terms above,software and software-as-service is licensed(not sold)pursuant to the following terms: Licenses. Upon full payment,Seller will grant to Buyer the licenses to the software and/or software-as-service ordered by Buyer according to the Software and Hosting Terms&Conditions and applicable Product Addendums located at https,,;//=,§trykeremergencycare,,,co,msoftware-hosting.The duration of each license is the term of the subscription purchased by Buyer. Term. Customer's subscription shall commence on the date that Stryker accepts Customer's order("Commencement Date")and remains in effect for term of the subscription that is specified in the applicable Ordering Document.Customer may terminate this Agreement at any time after the one-year anniversary of the Commencement Date by providing ninety(90)days'prior written notice.In the event of such early termination by Customer,Stryker shall refund the remaining portion of the subscription fee,less an administration fee of 10%of such remaining portion.The remaining portion shall be determined by allocating the subscription fee based on the number of full calendar months remaining until expiration of the term specified in the Ordering Document. Automatic Renewal.This Agreement will automatically renew upon its expiration for a period equal to the Term set forth in the applicable Ordering Document unless it is terminated in writing thirty(30)days prior to the end of the Term.Pricing for automatic renewals shall be based on current list price,less any percentage discount Customer received on its initial order. Suspension&Termination of Service. Stryker may suspend access to Stryker Software if Customer's invoices become thirty(30) days past due. Stryker may terminate this Agreement if Customer's invoices become sixty(60)days past due. Availability of Stryker Software. Stryker will take commercially reasonable steps to ensure that the Stryker Software is available twenty-four(24)hours a day except for scheduled maintenance and backups.Backups will be scheduled at times to provide minimal impact to Customer's business activity.Stryker will take commercially reasonable steps to maintain data integrity in any https://www.strykeremergencycare.com/terms/ 3/4 9/24/2020 General terms and conditions for all products,services and software subscriptions I Stryker backup.However,Stryker will not be responsible for loss of data or data integrity so long as Stryker has performed the backup in a commercially reasonable manner Additional Terms for Purchase and Sale of HealthEMS Patient Management System Extensions. In addition to the General Terms above and the Additional Terms for Purchase and Sale of Software Licenses and Software-as- Service,software and HealthEMS Patient Management System Extensions are licensed(not sold)pursuant to the following terms: EXTENSIONS.Stryker may make available optional Extensions designed to extend the functionality of Stryker Software. Extensions may include,but not be limited to,RevNet,HealthEMS Fire,myPatientEncounters,XchangeER,SanFax,Data Xport and ConnectX for integration with third parties.Third parties may include,but not be limited to,billing vendors,payers, clearinghouses,CAD(Computer-Aided Dispatch)vendors,medical devices(such as ECG),HIES,state reporting systems,and hospitals.Customer is responsible for acquiring licenses and paying fees to applicable third parties as required.Extension descriptions are set forth at https,,:/[vwvw,stxyke,reme,rge,n„c,,,yc,are,,,,co,mJproducts/data-solutions/ RevNet Extension.RevNet is an optional extension of HealthEMS designed to provide secure,integrated,web-based revenue cycle management functionality for the automated billing and processing of Claims,ERA,Eligibility,Statements and other transactions between HealthEMS and designated payers. • Activation Fee.The RevNet Activation Fee is the one-time fee to allow Customer access and set-up of RevNet. • Subscription Fee.RevNet Subscription Fees are for the use of RevNet Extension functionality and associated customer support. RevNet Subscription Fees are based on Customer projections of Estimated Annual Net Revenue.Customer will be invoiced on the first day of each service month,synchronized to Customer's HealthEMS Subscription.In the event Customer's Actual Annual Net Revenue varies from Estimated Annual Net Revenue,by more than+/- 10%,Stryker reserves the right to make adjustments to the RevNet Subscription Fees provided the Customer is given 45 days prior written notice of such adjustment. • Clearinghouse Transaction Fees.Clearinghouse Transaction Fees are for paper-based transaction services provide as a service by the Clearinghouse.Stryker will invoice Clearinghouse Transaction Fees monthly based on the prior month's actual usage.Stryker has no control over certain government-imposed fees and tariffs(e.g.postal increases or interchange fees)or changes in the rules,regulations or operating procedures of any service supplier or any federal,state or local governmental agency or regulatory authority.Any increase in fees due to these changes are Customer's responsibility. Any such increase shall become effective for Customer on the same day as the increase becomes effective to Stryker,or is otherwise incurred by Stryker. • The RevNet Extension Term shall coincide with HealthEMS Subscription Agreement Term. Once the Term has commenced, Stryker will invoice Customer RevNet Subscription Fees and Clearinghouse Transaction Fees.Customer may discontinue RevNet Extension service by providing written notification to Stryker at least forty-five(45)days before the desired Termination date. HealthEMS Fire Extension.The HealthEMS Fire Extension is an optional extension of HealthEMS designed to provide a cloud- based,NFIRS-5 compatible Record Management System(RMS)for capturing incidents and managing Customer's fire department. • Activation Fee.The Activation Fee is the one-time fee to allow Customer access and set-up of the HealthEMS Fire Extension. • Subscription Fee.HealthEMS Fire Subscription Fees are for the use of the HealthEMS Fire Extension functionality and associated customer support.Subscription Fees are based on Customer projections of Estimated Annual Run Volume. Customer will be invoiced on the first day of each service month,synchronized to Customer's HealthEMS Subscription.In the event Customer's Actual Annual Run Volume varies from Estimated Annual Run Volume,by more than+/- 10%,Stryker reserves the right to make adjustments to the Fire Subscription Fees provided the Customer is given 45 days prior written notice of such adjustment. • The HealthEMS Fire Extension Addendum Term shall coincide with HealthEMS Subscription Agreement Term.Once the Term has commenced,Stryker will begin invoicing Customer HealthEMS Fire Subscription Fees. Customer may discontinue Fire Extension service by providing written notification to Stryker at least forty-five(45)days before the desired Termination date. https://www.strykeremergencycare.com/terms/ 4/4 stryker Lucas Quote Number: 10222216 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY HALL OF NORTH RICHLAND HILLS Rep: Heidi McGregor Attn: Email: heidi.mcgregor@stryker.com Phone Number: Quote Date: 07/15/2020 Expiration Date: 10/13/2020 Delivery Address End User - Shipping - Billing Bill To Account Name: CITY HALL OF NORTH Name: CITY HALL OF NORTH Name: CITY HALL OF NORTH RICHLAND HILLS RICHLAND HILLS RICHLAND HILLS Account #: 1324387 Account #: 1324387 Account #: 1324387 Address: 4301 CITY POINT DR Address: 4301 CITY POINT DR Address: 4301 CITY POINT DR NORTH RICHLAND HILLS NORTH RICHLAND HILLS NORTH RICHLAND HILLS Texas76180-8316 Texas76180-8316 Texas76180-8316 Equipment Products: # Product Description Qty Sell Price Total 1.0 TIM-LUC2-LUC3 TR-SYK LUCAS 2 TO LUC 3.1 4 -$3,000.00 -$12,000.00 2.0 99576-000063 LUCAS 3, v3.1 Chest Compression System, Includes 6 $13,033.00 $78,198.00 Hard Shell Case, Slim Back Plate, (2) Patient Straps, (1) Stabilization Strap, (2) Suction Cups, (1) Rechargeable Battery and Instructions for use With Each Device 3.0 11576-000060 LUCAS Desk-Top Battery Charger 2 $759.50 $1,519.00 4.0 11576-000080 LUCAS 3 Battery - Dark Grey - Rechargeable LiPo 6 $534.00 $3,204.00 Equipment Total: $70,921.00 Trade In Credit: Product Description Qty Credit Ea. Total Credit ProCare Products: # Product Description Qty Start Date End Date Sell Price Total 5.1 78000022 On Site Protect for LUCAS 3, v3.1 Chest 6 08/01/2021 07/31/2025 $3,876.00 $23,256.00 Compression System, Includes Hard Shell Case, Slim Back Plate, (2) Patient Straps, (1) Stabilization Strap, (2) Suction Cups, (1) Rechargeable Battery and Instructions for use With Each Device ProCare Total: $23,256.00 Price Totals: Grand Total: $94,177.00 1 Stryker Medical-Accounts Receivable-accountsreceivable( ,,trplcer.com-PO BOX 93308-Chicago,IL 60673-3308 stryker Lucas Quote Number: 10222216 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY HALL OF NORTH RICHLAND HILLS Rep: Heidi McGregor Attn: Email: heidi.mcgregor@stryker.com Phone Number: Quote Date: 07/15/2020 Expiration Date: 10/13/2020 Comments: This order is placed under GSA Schedulenumber V797D-40291 under the authorityofthe GSA Disaster Purchasing program. Theproducts and services purchased will be usedin preparation or response to disasters orrecovery from major disaster declared by thePresident, or recovery from terrorism ornuclear, biological, chemical, orradiologicalattack.****Purchaser agrees thatthis order shall be subject to the conditionscontained in GSAM552.238-80, and that thesupplies or services purchased under thisorder will be used for governmental purposesonly and will not be resold for personaluse.** Prices: In effect for 60 days. Terms: Net 30 Days Ask your Stryker Sales Rep about our flexible financing options. AUTHORIZED CUSTOMER SIGNATURE 2 Stryker Medical-Accounts Receivable-accountsreceivable( ,,trplcer.com-PO BOX 93308-Chicago,IL 60673-3308 Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information,including any pricing or discounts,offered to be provided by Stryker to Recipient in connection with this quote,without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency. Terms: Net 30 days. FOB origin.A copy of Stryker Medical's standard terms and conditions can be obtained by calling Stryker Medical's Customer Service at 1-800-Stryker. In the event of any conflict between Stryker Medical's Standard Terms and Conditions and any other terms and conditions,as may be included in any purchase order or purchase contract, Stryker's terms and conditions shall govern. Cancellation and Return Policy: In the event of damaged or defective shipments, please notify Stryker within 30 days and we will remedy the situation. Cancellation of orders must be received 30 days prior to the agreed upon delivery date. If the order is cancelled within the 30 day window, a fee of 25%of the total purchase order price and return shipping charges will apply. 3 stryker September 14,2020 Stryker is the sole-source provider in the Hospital (hospitals and hospital-owned facilities),Emergency Response Services and Emergency Response Training(paramedics,professional and volunteer fire) markets in the U.S.and Canada for the following products: • New LIFEPAK®15 monitor/defibrillators • New LIFEPAK 20e defibrillator/monitors • New LIFEPAK 1000 automated external defibrillators • New LUCAS®chest compression system • TrueCPR®coaching devices • CODE-STATT"data review software and service Stryker is the sole-source provider in all markets for the following products and services: • RELIT"' (Refurbished Equipment from the Lifesaving Innovators) devices • LIFENET®system and related software • Factory-authorized inspection and repair services which include repair parts,upgrades,inspections and repairs • HealthEMS®Software • HomeSolutions.net®Software • ACLS (non-clinical) LIFEPAK defibrillator/monitors • Heart Safe Solutionsm Government Campus Solution • MultiTech 4G and Titan III gateways Stryker is also the sole-source distributor of the following products for EMS customers in the U.S.and Canadian markets: • McGRATHT"MAC EMS video laryngoscope Stryker does not authorize any third parties to sell these products or services in the markets listed above.We will not fulfill orders placed by non-authorized businesses seeking to resell our products or services. If you have questions,please feel free to contact your local Stryker customer service representative at 800.442.1142. Sincerely, 4 f Matt Van Der Wende,Senior Director,Americas Sales Copyright©2020 Stryker GDR 3321967_M Stryker or its affiliated entities own,use,or have applied for the following trademarks or services marks:LIFEPAK,LUCAS,TrueCPR,CODE-STAT,RELI, LIFENET,HealthEMS,HomeSolutions.net,Heart Safe Solution,Stryker.All other trademarks are trademarks of their respective owners or holders.The absence of a product,feature,or service name,or logo from this list does not constitute a waiver of Stryker's trademark or other intellectual property rights concerning that name or logo. 11811 Willows Road NE,Redmond,WA 98052 USA I P+1 425 867 4000 1 Toll-free+1 800 442 1142 1 stryker.com CERTIFICATE OF INTERESTED PARTIES FORM 1295 101 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 Ming form,and the city,state and country of the business entity's place Certificate Number: of business. Stryker Sales Corporation,through its Medical Divsion 2020-665799 Portage,Ul United States fate filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/NI2020 being filed. City of North Richland Hills fate Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identitythe contract,and provide a description of the services,goods,or other property to be provided under the contract Quote#10222216 Lucas Mechanical Chest Compression Device and Service 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. x 6 UNSWORN DECLARATION s IVEy name is L � � �G� .' , and my date of birth is My address is � - 1 .� i � (street) (c' (state) {zip code) {county Y? I declare tinder penalty of perjury that the foregoing is true and correct. .7 Executed in County, State of %�C S _,an the—?—day of an�' lyear} Signature o authorized agdrn of contracting busines�-enthy (Dectarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,1.3a6aaf7d l'd 2002-CZ6-L 1,8 a068a00W ipiaH e l0:l i,'0Z 0l deS IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 SUBJECT: Consider awarding RFP 20-026, a one-year contract with four additional one-year renewal options, to Casco Industries Inc., for the purchase of firefighting clothes/bunker gear in an annual amount not to exceed $60,285. PRESENTER: Kenneth Rawson, Assistant Fire Chief SUMMARY: The City Council is being asked to award RFP 20-026, a one-year contract with four additional one-year renewal options, to Casco Industries Inc., for the purchase of firefighting clothes/bunker gear in an annual amount not to exceed $60,285. GENERAL DESCRIPTION: The Fire Department utilizes a City of North Richland Hills purchasing agreement to purchase firefighting clothes/bunker gear(PPE). PPE is used to protect firefighters during structural firefighting, as well as additional hazardous exposures while responding to medical calls or other calls for service. The current purchasing agreement expired on September 10, 2020. Specifications were developed and a Request for Proposal (RFP) was conducted to identify a vendor for a new purchasing agreement. We received one bid from Casco Industries Inc. We extended the deadline for an additional week to submit bids. At the conclusion of the additional week, we did not receive any additional bids. The proposal submitted by Casco Industries Inc. meets the city's specifications for the equipment as well as for delivery time. The purchase of the PPE is within the currently adopted budget. This contract will be awarded for a one-year term with four additional one-year options to renew. Staff anticipates spending $60,285 annually for each renewal term. Funds for year-one of the contract are included in the FY 20-21 Adopted Budget. Payments for utilization of this multi-year contract may be authorized annually during the budget process for the corresponding renewal terms provided that funds have been budgeted for each remaining year of the contract, and the terms and conditions of the agreement have not changed. Those payments will not require additional City Council approval. RECOMMENDATION: Award RFP 20-026, a one-year contract with four additional one-year renewal options, to Casco Industries Inc., for the purchase of firefighting clothes/bunker gear in an annual amount not to exceed $60,285. ORIGINAL DOCUMENT 20-026 Request for Proposal Project Title: Firefighting clothes/ bunker gear Submitted to: City of North Richland Hills 4301 City Point Drive North Richland Hills, TX 76180 Prepared by: CASCO INDUSTRIES INC. 1517 W. CARRIER PKWY GRAND PRAIRIE, TX 75050 August 17th, 2020 SUMMARY Casco Industries Inc. is pleased to submit a proposal to provide and service the North Richland Hills Fire Department with clothing and bunker gear specific to firefighting operations. Our intent is to provide the City of North Richland Hills and its Fire Service professionals with MSA Globe Boots, Helmets, Coats, and Pants that have long been products with sustained durability due to the quality construction known in the fire industry.This also includes products from PGI and Veridian all of which meet the Scope of Work as specified within the RFP. All products listed on page 55 of the RFP meet the specifications with NO EXCEPTIONS. Casco is a family owned business and have provided protection for those who protect us for over 67 years. Our headquarters is located in Shreveport, Louisiana and our Company now serves seven states with a sales and service center located in the City of Grand Prairie, Texas. Your local sales and service team are second to none as it relates to customer service in the Metroplex. All sales and service of the products listed will be carried out locally from the Grand Prairie Office as has been in the past number of years. Casco will only offer products that fully meet NFPA standards to ensure the safety of all North Richland Hills Fire Rescue Personnel. We are prepared to complete all appropriate responses for this RFP and will supply all the necessary literature for the products offered. We are fully prepared to provide all products, service, and personnel training if needed as it relates to the products offered throughout the entire contract. With the exception of the Coat and Pant, all other products are in stock at our Grand Prairie Warehouse. The Coat and Pant has a 50 to 70 day-lead time. We, at CASCO appreciate the opportunity to submit this proposal. All required documents are located with the RFP. It is our goal to sustain the level of customer service you have come to know and experience in the past. We look forward to continued business with the City of North Richland Hills and the North Richland Hills Fire Department. Jessie Gentry cyw��11_v� Sales Manager Casco Industries, Inc N O &T H RICHLAND HILLS 1*44 it m THE CITY OF CHOICE PURCHASING DEPARTMENT REQUEST FOR PROPOSAL 20-026 FIRE FIGHTING CLOTHES/BUNKER BIDS DUE THURSDAY, AUGUST 13, 2020 Y 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 2 INVITATION TO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 20-026 ➢ Bid Type: REQUEST FOR PROPOSAL ➢ Bid Name: FIRE FIGHTING CLOTHES/BUNKER GEAR ➢ Bid Due Date: Thursday, August 13, 2020 ➢ Bid Due Time: 11:00 A.M. Central Standard Time ➢ Deadline for questions: Date: Friday,August 07, 2020 Time: 12:00 P.M. Central Standard Time DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: www.publicpurchase.com No oral explanation in regards to the meaning of the specifications will be made,and no oral instructions will be given 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 CONDITIONS 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 are submitted to the Public Purchase website on or before 11:00 A.M. Thursday,August 13,2020. The official time shall be determined by the Public Purchase Website. The Public Purchase Website will NOT allow bid responses to be uploaded after the closing time. All attached bid documents are to be returned completely filled out, totaled, and signed. 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; 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) 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. 9. DELIVERY/ACCEPTANCE 5 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 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 7 INDUSTRIES, INC. August 11, 2020 NRH CONTRACT 20-026 REFERENCES 1. Fort Worth Fire Department Contact: Alex Arnold Number: 817-392-3452 EMAIL: Alex.Arnold(a�_fortworthtexas.gov 2. Grand Prairie Fire Department Contact: Randy Overton Number: 972-237-8304 EMAIL: roverton GPTX.org 3. Carrollton Fire Department Contact: Bill White Number: 469-491-7470 EMAIL: william.white cD-cityofcarrollton.com 4. Richardson Fire Department Contact: Allan Journey Number: 972-744-5704 EMAIL: allan.journey(a.cor.gov 5. Dallas Fire Department Contact: Greg Henderson Number: 214-243-1190 EMAIL: Gregory.henderson(aD_dallascityhall.com 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. 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. 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. [ Yes, we agree [ ] No, we do not agree 20. 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. 21. 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 22. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85t"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 * 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. 23. 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 8 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. https://www.nrhtx.com/DocumentCenterNiew/389/Code-of-Ethics---PDF?bidld [X] I agree [ ] I do not agree 24. DEPARTMENT OF TRANSPORTATION (TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 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 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 companies 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 $1,000,000 each occurrence, City to be listed as additional 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+V 1 or higher by A.M.Best or A e) Contractual Liability or higher by Standard&Poor's 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, $500,000 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 $500,000 each accident required 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 WITHOUT EVIDENCE OF INSURANCE. 10 AC40RO CERTIFICATE OF LIABILITY INSURANCE DA8/6/DDNY Y) 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 poiicy(les)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 NAME: Julie Martin The Cashion Company PHONE (501)376-0716 AIC No; Iso1131s-s11e P.O. Box 550 E-MAIL ADDRESS; juliem@cashionco.com INSURER(S)AFFORDING COVERAGE NAIC# Little Rock AR 72203 INSURERA:Twin City Fire Insurance Co. 29459 INSURED INSURERS:Continental Casualty Co. 20443. Casco Industries, Inc. INSURERC:Stonetrust Commercial Ins. Co. 11042 P. O. BOX 8007 INSURERD:LM Insurance Corporation 33600 INSURER E: Shreveport LA 71148-8007 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTRPOLICY NUMBER / LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE g 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR p I o rr $ 300,000 X Incl Contractual X Y 2/1/2020 2/1/2021 MED EXP(Any oneperson) S 10,000 X XCU Incl PERSONAL&ADV INJURY g 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER; GENERAL AGGREGATE S 2,000,000 X JECT LOC A $POLICY aPRO- 2,000,000 OTHER, $. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS X Y 2/1/2020 2/1/2021 BODILY INJURY(Per accident) $ ROP NON-OWNED PERTY DAMAGE X HIREDAUTOS X AUTOS r n $ I $ UMBRELLA LIAB OCCUR [!G. ACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE EGATE $ DIED I I RETENTION S $ WORKERS COMPENSATION X I PER OR AND EMPLOYERS'LIABILITY Y/N - ANY PROPRIETOR/PARTNER/EXECUTIVE E. EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N❑ L.NIA (Mandatory in NH) N 2/1/2020 2/1/2021 E.L.DISEASE-EA EMPLOYEE S 11000,000 It yes,describe under DESCRIPTION OF OPERATIONS balow I E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Workers Compensation 2/1/2020 2/1/2021 E.L.EACH ACCIDENTIEMPLOYEE $1,000,000 STATE OF KANSAS ONLY E.L.DISEASE•POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached 11 more space Is required) See Attached Comments/Remarks Section CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of North Richland hills THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN P. O. Box 820609 ACCORDANCE WITH THE POLICY PROVISIONS. North Richland Hill, TX 76182-0609 AUTHORIZED REPRESENTATIVE Jim Allbritton/CLPO01Gyc� J � 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD INS026(2014D1) COMMENTS/REMARKS CASCO INDUSTRIES, INC. ENDORSED ADDITTONAI. INSURED: If required by written contract, certificate holder is included as an additional .insured on a primary and noncontributory basis. ("X" denotes coverage. ) ENDORSED WAIVER OF SUBROGATION: If required by written contract, waiver of subrogation applies in favor of certificate holder. ("Y" denotes coverage. ) OFREMARK COPYRIGHT 2000, AMS SERVICES INC. N0N-('()1AJJS IC: NA FFA DA VITOF 1.11 R State of County of.__ verifies that: (Name) (1) (0/'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 not-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 fiiir and proper. SIGm T�UR E PRINTED NAME Subscribed and sworn to before tile this Day of j4.1k G+ 2020. CYNTHIA HENWOOD Notary Public,State of Texas Comm. Vxplres 05-20-2024 Notary ID 2226336 RY PUBLIC to and for County, Texas. My commission expires: THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID Ii1I1 C'IA011,ICaiTION 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: /4 C.r�S C c� ....L ntsJ t1.S''7""lL✓�:�_� G.h.>c°.. ADDRESS: / /'/ Ly' [?A4484r1?4 /01v-tv CITY, STATE& ZIP: ', F � ,^ �•r��- "i,� 7a?.�v TELEPHONE: `/Z?-J-22.--d�0 FAXr--' '�`�- 91T; EMAIL: SIGNATURE: PRINTED NAME: DATE: 12 COINIPLIANC11' NN"I'VII HOUSE BILL 1295 In 2015, the Texas Legislature adopted Hoiise 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: I) 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 forin (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. Information regarding how to use the filing application may be found at info lbri7I295.1itm, 13 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll 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. 2020-655040 Casco Industries, Inc. Grand Prairie,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 08/10/2020 being filed. North Richland Hills City of 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. 20-026 Fire Fighting Clothes/Bunker Gear Nature of interest 4 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 e , My name is J�r®Sli C- 1y 1 �` and my date of birth is My address is 41 /7 &/d1A/4WdX &44t /I B > �1 AAo!',r as (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. r� Executed in 1��3-list County, State of ,l on the jq6ay of 20 onth) (year) SigV of authorized agent of contracting bu entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d 1,OR DISADVANTAGED BUSINESS C; N"1'E'RP12ISLS ONJ,1' 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 lit_ t1a://www.window.state.tx.us/pro;qrement/pt()(YLIIL]blhLib ce.rtit-ication/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington,Texas 76011 (817)640-0606 h :d1«r��=Yap.«ctrca.c>�`Yii;crti#icatic�t�.ht��l 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: lyh4 City, State, Zip: A 1 Telephone No. Fax No. Email address: tjrr INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 14 CONFLICT OF INTEREST QUESTIONNAIRE 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 Hills 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/CIQ.pdf 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by N.B.23,84th Log.,Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Rece ved has a business relationship as defined by Section 176.001(1•a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts 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 176,008,Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Z- e— Check this box if you are filing an update to a previously filed questionnaire,(The law requires that you file an updated 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, /L///) 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 IS 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? Fl Yes 1:9 No B. 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 member of the officer AND the taxable Income is not received from the local governmental entity? Fl Yes Q°'No S Describe each employment or business relationship that the vendor named in Section i maintalns 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. e ElCheck this box If the vendor has given the local government officer or a family member of the offioer one or more gifts as described in Section 176,003(a)(2)(B),excluding gifts described In Section 176.003(a-1). 7 Signature ve or doing business with e„gov ent entty Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 1b CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.stale.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.0010-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 terms 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 S 176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if; (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member 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 a completed 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,or a 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 must 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 Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 17 SPECIAL TERMS AND CONDITIONS City of North Richland Hills has the lead role in developing and encouraging Cooperative Purchasing efforts among the governmental entities that are listed on the next page; therefore it would be in the vendor's best interest to help City of North Richland Hills facilitate this cooperative effort. A "NO" answer could result in complete resection of bid. Should other Governmental Entities decide to participate in this contract,would you,the Vendor, agree that all terms, conditions, specifications, and pricing would apply? Yes No If you, the Bidder, checked yes, the following will apply: Governmental Entities utilizing Inter-Governmental Contracts with City of North Richland Hills will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities other than City of North Richland Hills will be billed directly to that Governmental Entity and paid by that Governmental Entity. City of North Richland Hills will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order their own material/services as needed. Delivery to governmental entities located within Tarrant County will be at no charge or as otherwise provided for in the Award Document.Delivery charges,if any,for governmental entities located outside City of North Richland Hills shall be negotiated between the successful bidder and each governmental entity. Vendor(s) awarded contract(s) resulting from Request for Proposal (RFP) shall be responsible for providing to City of North Richland Hills, at no additional charge, a complete list of all governmental entities currently utilizing the contract and their annual expenditures. This information shall be provided ninety days prior to the expiration of the contract, or as otherwise requested by City of North Richland Hills. Failure to provide the requested information when requested could delay the renewal process. Evaluation Criteria shall include,but is not limited to the following: a. Unit Price b. Delivery c. Vendor's past performance record with City of North Richland Hills d. City of North Richland Hills evaluation of vendor's ability to perform e. City of North Richland Hills experience with products bid 18 f. Special needs and requirements of City of North Richland Hills g. Vendor's agreement to extend pricing under this contract to other governmental entities h. Results of testing samples (if needed) Duration of Agreement and Price Adjustments Pricing shall be based on a twelve (12) month agreement effective the date of award. At the City's option,the agreement may be renewed for four(4)additional twelve(12)month periods.The Contractor shall submit the renewal proposal with price changes and justification to the Purchasing Department at least sixty (60) days before the expiration of the current agreement. Increase in contract pricing shall not exceed the consumer price index of the Dallas/Fort Worth standard metropolitan statistical for the previous twelve (12)month period or 5%, whichever is smaller. Renewal shall be at the sole discretion of the City of North Richland Hills department utilizing the contract. Unless otherwise amended in writing and endorsed by both parties prior to the beginning of each respective renewal period, all terms and conditions of the Contract shall remain in full force and effect with the only change being in the Contract term. Any catalog, brand name or manufacturer's reference used is considered to be descriptive not restrictive—and is indicative of the type and quality the City of North Richland Hills desires to purchase. Bids on similar items of like quality will be considered if the bid is noted and fully descriptive brochures are enclosed. If notation of substitution is not made, it is assumed vendor is bidding item specified. Successful vendor will not be allowed to make unauthorized substitutions after award. Samples for testing may be required for evaluation. Samples will be free to the City of North Richland Hills. Failure to provide samples will be justification for bid rejection. City of North Richland Hills reserves the right to determine equals. Samples must be the same product as that bid. Entities Currently Participating in Cooperative Purchasing Program with City of North Richland Hills City of Allen City of Lewisville City of Bedford City of Live Oak City of Baytown City of Kennedale City of Cedar Hill City of Mercedes City of China Gove City of Midlothian 19 City of Cleburne City of Richland City of College Station City of Richardson City of Colleyville City of Rowlett City of Colony City of Royse City of Copperas Cove City of Southlake City of Denison City of Taylor City of Ennis City of Temple City of Euless City of Weatherford City of Forest Hill City of Westlake City of Fort Worth City of Watauga City of Frisco Birdville ISD City of Garland Mansfield ISD City of Georgetown Collin County City of Grand Prairie Harris County Department of Education City of Grapevine Johnson County ESD#1 City of Haltom City Parker County Emergency Service District#1 City of Highland Village Tarrant County City of Hudson Oak Town of Addison City of Hurst Town of Argyle City of Irving Town of Bartonville City of Keller Town of Double Oak City of Lake Worth Town of Highland Park Anticipated Usage: While purchases vary from year to year,listed below are the amounts this contract generated with our previous vendor over a 12 month period in 2019. 20 Globe Gear(pants, coat, suspenders and boots (2019): $1,268,321 Cairns Helmets (2019): $326,852Techtrade Gloves (2019):$ 87,190 Other governmental entities have indicated that they desire to participate in City of North Richland Hill's bid for Fire Fighting Clothes/Bunker Gear. Other entities will have the option to join. Pricing on the Bid Proposal Forms should consider this additional usage and the potential usage from other governmental entities. ENTITIES City of North Richland Hills City of Roanoke City of Cleburne City of Rowlette City of Cedar Hill City of Royse City of Grand Prairie City of Taylor City of Haltom City City of Weatherford City of Hurst City of Westlake City of Keller Town of Addison City of Midlothian Town of Argyle City of Richardson Order Placement: A. Orders will be placed by telephone or email, requesting: 1. Specific delivery dates and sites 2. Purchase order number will be provided at that time. B. City of North Richland Hills contract information will be provided to the Successful vendor SPECIFICATIONS The following description is intended to clarify the nature of the work required for purchase of Fire Fighting Clothes/Bunker Gear as the minimum requirements acceptable for the Fire Fighting 21 Clothes/Bunker Gear. The provisions of these specifications shall apply except as otherwise noted herein. SCOPE This specification details design and materials criteria to afford protection to the upper and lower body, excluding head, hands, feet, against adverse environmental effects during structural firefighting. All materials and construction will meet or exceed the most current NFPA Standard#1971 and OSHA for structural fire fighters protective clothing. ADDITIONS AND/OR CHANGES TO THIS SPECIFICATION Additional options, alterations, or changes to this specification - as requested by the North Richland Hills Fire Department or a department who is in a cooperative purchasing agreement with the City of North Richland Hills using this contract - may be ordered at a discount of 30-40% of manufacturer's published list price in effect at the time of order acceptance. SIZING In order to insure that every member of the department can safely perform to the maximum of their ability without extra bulk and without restriction, Jackets and Pants shall be available in all sizes and dimensions as follows: Jackets: Gender: Gender specific Men's and Women's patterns will be available. Chest: Even sizes Back Length: Men's 29", 32", 35", 40" Women's 26", 29" Body Shape: Straight and Tapered (Note: The straight cut offers more fullness at the hips, i.e.jacket sweep, and is recommended when an IH Ready trouser is being Specified.) Women's: Straight Sleeve: 1" increments Pants: Gender: Gender specific Men's and Women's patterns Waist: Even sizes 22 Body Shape: Men's Relaxed, Regular, and Slim Relaxed is a fuller cut in the hips and thighs, like relaxed jeans. Slim is a more slender cut in the hips and thigh, like straight fit jeans. Women's Inseam: Even sizes Jackets and Pants available in only one standard shape will not be acceptable. OUTER SHELL MATERIAL -JACKETS AND PANTS The outer shell shall be constructed of TENCATE "AGILITYTM": featuring ENFORCE TM technology Kevlar®/PBO/Nomex° blend material with an approximate weight of 6.6 oz. per square yard in a twill weave. The shell material must be treated with SSTTM(SUPER SHELLTITE)which is a durable water-repellent finish that also enhances abrasion resistance. Color of the garments shall be light gold. Bids offering this shell material without the SSTTM will not be considered. THERMAL INSULATING LINER-JACKETS AND PANTS The thermal liner shall be constructed of 6.7 oz. per square yard TENCATE CALDURA® ELITE NOMEX NANO®; one layer of Nomex Nano and one layer of 2.3 oz.per square yard Nomex'E-89TM spunlaced Nomex®/Kevlar®aramid blend, quilt stitched to a FR Rayon Para-Aramid nylon Face Cloth. An approximate 8 inch by 10 '/2 inch pocket, thermal liner over-edged to a layer of moisture barrier material, shall be affixed to the inside of the jacket thermal liner on the left side by means of a single needle stitch. The thermal liner shall be attached to the moisture barrier and bound together by bias-cut Neoprene coated cotton/polyester around the perimeter. This provides superior abrasion resistance to the less expensive, less durable, "stitch and turn"method. Further mention of"Thermal Liner"in this specification shall refer to this section. MOISTURE BARRIER-JACKETS AND PANTS The moisture barrier material shall be W.L. GORE CROSSTECH® Black moisture barrier—Type 2F, which is comprised of a CROSSTECH' membrane laminated to a Nomex® IIIA woven pajama check substrate. The CROSSTECH® membrane is an enhanced bicomponent membrane comprised of an expanded PTFE (polytetrafluoroethylene, for example Teflon®) matrix having a continuous hydrophilic (i.e. water loving) and oleophobic (i.e. oil hating) coating that is impregnated into the matrix. CROSSTECH®moisture barrier seams shall be sealed with GORE-SEAM®tape using a Series 6000 (or higher) GORE-SEAMTM sealing machine to afford comparable bacteriophage penetration resistance performance. Further mention of"Specified Moisture Barrier"in this specification shall refer to this section. SEALED MOISTURE BARRIER SEAMS 23 All moisture barrier seams shall be sealed with a minimum 1 inch wide sealing tape. One side of the tape shall be coated with a heat activated glue adhesive. The adhesive side of the tape shall be oriented toward the moisture barrier seam. The adhesive shall be activated by heat and the sealing tape shall be applied to the moisture barrier seams by means of pressure exerted by rollers for that purpose. METHOD OF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS AND PANTS The thermal liner and moisture barrier shall be completely removable from the jacket shell.A minimum of six snap fasteners shall secure the thermal liner/moisture barrier to the outer shell along the length of the neckline under the top most collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearers skin. Corresponding snaps shall be installed through a moisture barrier leader measuring an approximate height of 1.75—2 inches and shall not penetrate through to the outer shell on the backside of the collar. The remainder of the thermal liner/moisture barrier shall be secured with snap fasteners appropriately spaced on each jacket facing and Ara-Shield'snap fasteners at each sleeve end. There shall be one Ara-shield'snap tabs at the liner sleeve end which shall be colored to correspond with color coded snap tabs on the shell sleeve end for ease of matching the liner system to the outer shell after inspection or cleaning is completed. The thermal liner and moisture barrier shall be completely removable from the pant shell. Nine snap fasteners shall be spaced along the waistband to secure the thermal liner to the shell. The legs of the thermal liner/moisture barrier shall be secured to the shell by means of Ara-Shield®snap fasteners, 2 per leg. The Ara-shield®snap tabs shall be color coded to a corresponding snap tab in the liner for ease of matching the liner system to the outer shell after inspection or cleaning is completed. THERMAL PROTECTIVE PERFORMANCE The assembled garment, consisting of the specified outer shell,moisture barrier and thermal liner, shall exhibit a TPP (Thermal Protective Performance) rating of not less than 37.4 as documented by Underwriter's Laboratory (UL) at time of bid. TOTAL HEAT LOSS The assembled garment, consisting of the specified outer shell,moisture barrier and thermal liner, shall exhibit a THL (Total Heat Loss) rating of not less than 299.9 as documented by Underwriter's Laboratory(UL) at time of bid. RESISTANCE TO SWEAT EVAPORATION The assembled garment, consisting of the specified outer shell,moisture barrier and thermal liner, shall exhibit a RET (Resistance to Evaporative Heat Transfer) rating of not greater than 24 as documented by Underwriter's Laboratory (UL) at time of bid. 24 STITCHINGThe outer shell shall be assembled using stitch type #301, #401, #514 and #516. The thermal liners and moisture barriers shall be assembled using stitch type #301, #401, #504, #514, and #516. Major A outer shell structural seams and major B structural liner seams, shall have a minimum of 8 to 10 stitches per inch. All major A seams shall be sewn with ball point needles only. All seams shall be continuously stitched only. JACKET CONSTRUCTION BODY The body of the shell and AXTION° liner system shall be constructed of three separate panels consisting of two front panels and one back panel. The body panels shall be shaped so as to provide a tailored fit thereby enhancing body movement and shall be joined together by double stitching with Nomex®thread. One-piece outer shells shall not be acceptable. AXTION®BACK The jacket outer shell shall include inverted pleats to afford enhanced mobility and freedom of movement in addition to that provided by the AXTION° sleeves. The outer shell shall have two inverted pleats (one each side)installed on either side of the back body panel. The inverted pleats shall begin at the top of each shoulder and extend vertically down the sides of the jacket to the hem. Maximum expansion of the pleats shall occur at the shoulder area and taper toward the hem. Pleats that do not extend to the hem will not be considered, since they do not provide a true AXTION®back. The moisture barrier and thermal liner layers shall be designed with darts corresponding to the added length in the shell provided by the AXTION' back pleats. The darts are positioned at the shoulder blades, outside of the SCBA straps and work together with the corresponding outer shell pleats in the AXTION® back, providing maximum expansion. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. LOGOS The garment brand shall be identified by means of FR Nomex thread embroidery on the top of the left collar denoting"GLOBE"as the manufacturer. There shall be a reflective label specific to the garment style, measuring finch wide by 4 inches long, installed on the left pocket flap. DRAG RESCUE DEVICE (DRD) A Firefighter Drag Rescue Device shall be installed in each jacket. The ends of a 1 inch wide strap, constructed of Kevlar®, will be sewn together to form a continuous loop. The strap will be installed in the jacket between the liner system and outer shell such that when properly installed will loop around each arm. The strap will be accessed through a portal between the shoulders on the upper back where it is secured in place by an FR strap. The DRD shall be removable for laundering. The access port will be covered by an outside flap of shell material,designed to fit between the shoulder straps of an SCBA. 25 The flap will have a NFPA-compliant 3M ScotchliteTM reflective logo patch sewn to the outside to clearly identify the feature as the DRD (Drag Rescue Device), The DRD shall not extend beyond the outside flap. This device provides a quickly deployed means of rescuing a downed firefighter. Flimsy, rope-style DRD straps will not be considered. LINER ACCESS OPENING(JACKET) The liner system of the jacket shall incorporate an opening at the leading edge of the right front panel. This opening shall run a minimum of 11 inches for the purpose of inspecting the integrity of the jacket liner system. When installed into the outer shell the Liner Access Opening shall be covered and protected by the overlap of the outer shell facing. RETROREFLECTIVE FLUORESCENT TRIM The retroreflective fluorescent trim shall be lime/yellow 3M ScotchliteTM COMFORT Trim (Heat applied segmented L/Y borders with silver center. Each jacket shall have an adequate amount of retroreflective fluorescent trim affixed to the outside of the outer shell to meet the requirements of NFPA 1971 and OSHA. The trim shall be in the following widths and shall be NFPA Vertical style; 3 inch wide stripes-around the bottom of the jacket within approximately 1 inch of the hem,horizontally across the chest area approximately 3 inches below the armpit,two vertical stripes on the back(one on each side)beginning at the top of the bottom band of trim and extending up to approximately 7%2 inches below the neck seam, around each sleeve below the elbow. SEWN ON RETROREFLECTIVE LETTERING Each jacket shall have 3" lime/yellow 3M ScotchliteTM lettering sewn to the letter patch reading: NRHFD Each jacket shall have 3" lime/yellow 3M ScotchliteTM lettering on a hanging letter patch reading: FF NAME HANGING LETTER PATCH The hanging letter patch shall be constructed of a double layer of outer shell material. The letter patch will attach to the rear inside hem of the jacket with a combination of snap fasteners and FR Velcroo hook& loop fastener tape. COLLAR& FREE HANGING THROAT TAB The collar shall consist of a minimum four-layer construction and be of one-piece design. There shall be two layers of a moisture barrier material sandwiched in between two layers of outer shell fabric(see Moisture Barrier section). The forward inside ply of moisture barrier shall be sewn to the inside of the collar along the edges only. The multi-layered configuration shall provide protection from water and other hazardous elements, while maintaining thermal protection. The collar shall be a minimum of 3 26 inches high and graded to chest size. The leading edges of the collar shall extend up evenly from the leading edges of the jacket front body panels so that no gap occurs at the throat area. The collar back layers of outer shell and moisture barrier shall be joined to the body panels with a minimum of two rows of stitching. The collar front layers of outer shell and moisture barrier fabric shall have a series of minimum 6 snap fasteners on lower edge of the collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearer's skin. There shall be corresponding snap fasteners on a moisture barrier leader,which is sewn to the thermal liner system to engage the snaps on the collar. The snaps on the thermal liner system leader will be installed such that they do not penetrate from the outer shell through to the inner layers. The moisture barrier leader on the thermal liner system shall be sandwiched between the underside of the top collar shell fabric and moisture barrier material and the bottom collar shell fabric and moisture barrier material so as to reduce the possibility of liner detachment while donning and doffing. The throat tab shall consist of a minimum of four-layer construction and be a scoop type design. There shall be of two piles of outer shell material with two center piles of moisture barrier material. The throat tab shall measure not less than 3 inches wide at the center tapering to 2 inches at each end with a total length of approximately 9 inches. The throat tab will be attached to the right side of the by a 1 inch wide by 1 inch long piece of Nomex® twill webbing. The throat tab shall be secured in the closed and stowed position with FR hook and loop fastener tape. The FR hook and loop fastener tape shall be oriented to prevent exposure to the environment when the throat tab is in the closed position. Two 1 1/Z inch by 3 inch pieces of FR loop fastener tape shall be sewn horizontally to the inside of each end of the throat tab. Corresponding pieces of FR hook fastener tape measuring 1 inch by 3 inches shall be sewn horizontally to the leading outside edge of the collar on each side, for attachment and adjustment when in the closed position and wearing a breathing apparatus mask. In order to provide a means of storage for the throat tab when not in use, a 1 inch by 3 inch piece of FR hook fastener tape shall be sewn horizontally to the inside of the throat tab immediately under the 1 1/2 inch by 3 inch pieces of FR loop fastener tape. The collar closure strap shall fold in half for storage with the FR loop fastener tape engaging the FR hook fastener tape. A hanger loop constructed of a double layer of outer shell material shall be sewn to the top of the collar at the center. JACKET FRONT The jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture protection in the front closure area. The facings shall measure approximately 2 1/2 inches wide, extend from collar to hem, and be double stitched to the underside of the outer shell at the leading edges of the front body panels. A breathable moisture barrier material shall be sewn to the jacket facings and configured such that it is sandwiched between the jacket facing and the inside of the respective body panel.The breathable film side shall face inward to protect it. There shall be wicking barrier constructed of a moisture barrier material installed on the front closure system on the left and right side directly below the front facings to ensure continuous protection and overlap. The wicking barrier shall extend 27 no more than a maximum of 3/4 inch beyond the inner facing and false facing shall be unacceptable. The thermal liner and moisture barrier assembly shall be attached to the jacket facings by means of snap fasteners. STORM FLAP A rectangular storm flap measuring approximately 3 inches (6 inches for hook and dee inside/FR hook and loop fastener tape outside closure; aka#7C)wide and a minimum of 23 inches long(based on a 32 inch length jacket)shall be centered over the left and right body panels to ensure there is no interruption in thermal or moisture protection in the front of the jacket. The outside storm flap shall be constructed of two plies of outer shell material with a center ply of breathable moisture barrier material. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and bottom with bartacks. STORM FLAP AND JACKET FRONT CLOSURE SYSTEM The jacket shall be closed by means of a 22 inch size#10 heavy duty high-temp smooth-gliding YKK Vislon®zipper on the jacket fronts and FR hook and loop fastener tape on the storm flap. The teeth of the zipper shall be mounted on black Nomex®tape and shall be sewn into the respective jacket facings. The storm flap shall close over the left and right jacket body panels and shall be secured with FR hook and loop fastener tape. A 1%2 inch piece of FR loop fastener tape shall be installed along the leading edge of the storm flap on the underside with four rows of stitching. A corresponding 1'/z inch piece of FR hook fastener tape shall be sewn with four rows of stitching to the front body panel and positioned to engage the loop fastener tape when the storm flap is closed over the front of the jacket. CARGO/HANDWARMER EXPANSION (BELLOWS)POCKETS Each jacket front body panel shall have a 2 inch deep by 8 inch wide by 8 inch high expansion pocket, double stitched to it and shall be located such that the bottom of the pockets are at the bottom of the jacket for full functionality when used with an SCBA. Retroreflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. Two rust resistant metal drain eyelets shall be installed in the bottom of each expansion pocket to facilitate drainage of water. The expansion pocket shall be reinforced with a layer of Kevlar® approximately 5 inches up on the inside of the pocket. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and ''/2 inch wider than the pocket. The upper pocket corners shall be reinforced with proven backtacks and pocket flaps shall be reinforced with bartacks.The pocket flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1 '/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap(one piece on each end). Two corresponding pieces of 1 '/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. Additionally, a separate hand warmer pocket compartment will be provided under the expandable cargo pocket. This compartment will be accessed from the rear of the pocket and shall be 28 lined with Nomex® Fleece for warmth and comfort. Shell material linings shall not be considered acceptable. AXTION® SLEEVES The sleeves shall be of two piece construction and contoured,having an upper and a lower sleeve. Both the under and upper sleeve shall be graded in proportion to the chest size. For unrestricted movement, on the underside of each sleeve there shall be two outward facing pleats located on the front and back portion of the sleeve on the shell and thermal liner. On the moisture barrier, the system will consist of two darts,rather than pleats, to allow added length in the under sleeve. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. The pleats shall expand in response to upper arm movement and shall fold in on themselves when the arms are at rest. This expansion shall allow for greater multi-directional mobility and flexibility in the shoulder and arm areas, with little restriction or jacket rise. Neither stove-pipe nor raglan-style sleeve designs will be considered acceptable. SLEEVE CUFF REINFORCEMENTS The sleeve cuffs shall be reinforced with a layer of black Dragonhide®material.The cuff reinforcements shall not be less than 2 inch in width and folded in half,approximately one half inside and one half outside the sleeve end for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the sleeve end; a single row of stitching shall be considered unacceptable. This independent cuff provides an additional layer of protection as compared to a turned and stitched cuff. Jackets finished with a turned and stitched cuff do not provide the same level of abrasion resistance and will be considered unacceptable. WRISTLETS/ELASTICIZED ADJUSTABLE SLEEVE WELLS Each jacket shall be equipped with Nomex®hand and wrist guards(over the hand)not less than 7 inches in length and of double thickness. A separate thumbhole with an approximate diameter of 2 inches shall be recessed approximately 1 inch from the leading edge. Nomex®knit is constructed of 96%Nomex® and 4% Spandex for shape retention. The color of the wristlets shall be grey. The wristlets shall be sewn to the end of the liner sleeves. Flame resistant neoprene coated cotton/polyester material shall be sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end and extending toward the cuff forming the sleeve well. The neoprene sleeve well shall form an elasticized cuff end with an FR hook and loop fastener tape providing a snug fit at the wrist and covering the knit wristlet. This sleeve well configuration serves to prevent water and other hazardous elements from entering the sleeves when the arms are raised. The neoprene material shall also line the inside of the sleeve shell from the cuff to a point approximately 5 inches back,where it joins the sleeve well and is double stitched to the shell. Four Ara-shield® snap tabs will be sewn into the juncture of the sleeve well and wristlet. The tabs will be spaced equidistant from each other and shall be fitted with female snap fasteners to accommodate corresponding male snaps in the liner sleeves. One of the Ara-shield®snap tabs shall be a different color in the liner to correspond with color coded snap tabs for ease of matching the liner 29 system to the outer shell after inspection or cleaning is completed. This configuration will ensure there is no interruption in protection between the sleeve liner and wristlet. LINER ELBOW THERMAL ENHANCEMENT An additional layer of thermal liner material shall be sewn to the elbow area of the liner system for added protection at contact points and increased thermal insulation in this high compression area. The elbow thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. Finished dimension shall be approximately 5 inches by 8 inches. All edges shall be finished by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. LINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENT A minimum of one additional layer of thermal liner material shall be used to increase thermal insulation in the upper back, front and shoulder area of the liner system. This full-cut thermal enhancement layer shall drape over the top of each shoulder extending from the collar to the sleeve/shoulder seam, down the front approximately 5 inches from the juncture of the collar down the back to a depth of 5 % inches to provide greater CCHR protection in this high compression area. The upper back, front and shoulder thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Smaller CCHR reinforcements shall not be considered acceptable since they provide far less area of coverage. RADIO POCKET Each jacket shall have a pocket designed for the storage of a portable radio. This pocket shall be of box type construction, double stitched to the jacket and shall have one drainage eyelet in the bottom of the pocket. The pocket flap shall be constructed of two layers of outer shell material measuring approximately 3 inches longer than the depth of the pocket and '/4 inch wider than the pocket. The pocket flap shall be closed by means of FR hook and fastener tape. A 11/2 inch by 3 inch piece of FR hook and fastener tape shall be installed on the inside of the pocket flap beginning at the center of the bottom of the flap. A 1'/2 inch by 3 inch piece of FR loop fastener tape shall be installed horizontally on the outside of the pocket near the top center and positioned to engage the hook fastener tape. In addition, the entire inside of the pocket shall be lined with neoprene coated cotton/polyester material to ensure that the radio is protected from the elements. The impermeable barrier material shall also be sandwiched between the two layers of outer shell material in the pocket flap for added protection. The radio pocket shall measure approximately 3 inches deep by 3.5 inches wide by 9 inches high and shall be installed on the left chest. 30 MICROPHONE STRAP A strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the jacket at the ends only. The size of the microphone strap shall be 1 inch x 3 inches. The microphone strap shall be mounted above the radio pocket and shall be constructed of double layer outer shell material. SURVIVOR FLASHLIGHT HOLDER Each jacket shall be equipped with a "Survivor" flashlight holder. An inward facing safety hook, attached to a double layer self-material strap, shall be double stitched in a vertical position to the upper chest. The inward facing safety hook will accommodate the clip portion of the flashlight. Below the safety hook will be a strap constructed of outer shell material measuring approximately 1 3/a inches high and 9 inches wide, and will hold the barrel of the flashlight. The lower strap will be equipped with a 1'/2 inch by 21/2 inch FR hook and loop closure at the front of the strap to facilitate easy removal of the flashlight. There shall be approximately 3 1/2 inches between the upper coat hook and lower strap. The "Survivor" flashlight holder shall be sewn to the jacket on the right chest. PANT CONSTRUCTION BODY The body of the shell shall be constructed of four separate body panels consisting of two front panels and two back panels. The body panels shall be shaped so as to provide a tailored fit,thereby enhancing body movement and shall be joined together by double stitching with Nomex® thread. In addition to the four body panels, there shall be a seamless, one-piece crotch gusset. The one-piece gusset allows for less bulk, comfort, and more freedom of movement in this high stress area. The body panels, seam lengths and crotch gusset shall be graded to size to assure accurate fit in a broad range of sizes. The front body panels will be wider than the rear body panels to provide more fullness over the knee area. This is accomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg beginning at the knee. The slight taper will prevent premature wear of the side seams by pushing them back and away from the primary high abrasion areas encountered on the sides of the lower legs. CONTOUREDSADDLE The rise of the rear pant center back seam,including gusset,from the top back of the waistband to where it intersects the inside leg seams at the crotch shall exceed the rise at the front of the pant by 8 inches. The longer rear center back seam provides added length in the seat for mobility without restriction when stepping up, kneeling, or crawling and maintains proper alignment of the knee, without twisting, directly over the kneepads when kneeling and crawling. 31 LINER ACCESS OPENING PANT The thermal liner and moisture barrier layers of the pant liner system shall be constructed in such a way as to allow an access opening for interior inspection, service and replacement. The thermal liner and moisture barrier layers shall be stitched together for security and prevention of inadvertent use of one layer without the other. The liner system shall have a reinforcement material sewn to the bottom of the fly opening.This reinforcement will serve to prevent the liner from tearing in that area from the constant donning and doffing of the pants. The liner system of the pant shall incorporate an opening along the back of the waistline for ease in inspecting the inner layers and to facilitate performing the complete liner inspection. The thermal liner and moisture barrier shall be individually bound with a neoprene coated bias cut tape and joined together on each of the front panels, along the waistband from the front fly opening to the side seam. The back of the liner system will be allowed to remain open with two snaps on either side of the back seam to attach the moisture barrier layer to thermal liner layer. As described previously, the pant thermal layer system snaps directly to the independent waistband by means of nine snap fasteners. There shall be no hook and loop used to close the liner access opening. RETROREFLECTIVE FLUORESCENT TRIM The pants shall have a stripe of retroreflective fluorescent trim encircling each leg below the knee to comply with the requirements of NFPA#1971 in 3 inch lime/yellow 3M ScotchliteTM COMFORT Trim (Heat applied segmented L/Y borders with silver center. Bottom of trim band shall be located approximately 3" above cuff. ELASTICIZED WAISTBAND The pant design facilitates the transfer of the weight of the pant to the hips instead of the shoulders and suspenders. The two rear outer-shell body panels, beginning at the pant side seams, shall incorporate an elasticized waist insert, running from the side seam towards the back of the trouser for an approximate distance of 4 inches. The rear elasticized waist inserts shall be integral to the shell of the pant and the elasticized portion shall be covered by the outer shell fabric of the pant. The waist area of the pants shall be reinforced on the inside with a separate piece of black aramid outer shell material, cut on the bias (diagonally). The reinforcement shall be folded in half, for a finished bottom edge and shall have a finished width of not less than approximately 1 %2 inches. The top edge of the waistband reinforcement shall be double stitched to the outer shell at the top of the pants. The lower edge of the waistband shall be unattached to the shell to accept the thermal liner and moisture barrier. The top of the thermal liner and moisture barrier shall be secured to the underside of the waistband reinforcement by means of nine snaps, spaced equidistant along the length of the waistband reinforcement. Inserting the liner system between the waistband reinforcement and outer shell serves to reduce the possibility of liner detachment while donning and doffing. The independent waistband construction affords greater comfort and fit than a turned and stitched method. Pants that do not include 32 and independent waistband or are not cut on the bias will not provide the same amount of stretch to the garment and shall be considered unacceptable. EXTERNAL/INTERNAL FLY FLAP The pants will have a vertical outside fly flap constructed of two layers of outer shell material, with a layer of moisture barrier material sandwiched between. The fly flap shall be double stitched to the left front body panel and shall measure approximately 2 3/4 inches wide, with a length graded to size based on waist measurement and reinforced with bartacks at the base. An internal fly flap constructed of one layer of outer shell material, thermal liner and specified moisture barrier, measuring approximately 2 inches wide, with a length graded to size based on waist, shall be sewn to the leading edge of the right front body panel. The underside of the outside fly flap shall have a 1'/2 inch wide piece of FR loop fastener tape quadruple stitched along the full length along the shell material only; stitching shall not penetrate the moisture barrier insert between the two layers to insure greater thermal protection and reduced water penetration. A corresponding strip of 1'/2 inch wide piece of FR hook fastener tape shall be quadruple stitched to the outside right front body panel securing the fly in a closed position. CLOSURE Escape Belt with Wide Belt Loops The pant shall have an integrated Escape Belt, which is independently certified as meeting the belt requirements of NFPA 1983, Standard on Life Safety Rope and Equipment for Emergency Services, which shall serve as the exterior primary positive locking closure. The Escape belt shall be comprised of Kevlar*webbing with a hook and an adjustable D-ring closure,graded for the waist size of the pants. The hook and dee closure system of the Escape Belt also serves as the positive front closure for the pants, eliminating redundant closure systems. The pants shall be equipped with a series of black aramid material belt loops spaced around the waist to accommodate the aramid belt. There shall be three large loops measuring approximately 4 inches high by 4 inches long and two smaller loops measuring approximately '/2 inch wide by 3 '/2 inches long. Two of the large belt loops shall be placed on each side of the front of the pant and third on the rear of the waist, centered over the seam. The two smaller loops shall be placed on the rear of the pant,behind the side seams. MICROPHONE STRAP A strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the pants at the ends only. The size of the microphone strap shall be 1 inch by 3 inches. The microphone strap shall be mounted vertically on the center rear belt loop, and constructed of double layer outer shell material. 33 ARTICULATED KNEE The outer shell of the pant legs shall be constructed with horizontal expansion pleats in the knee area with corresponding darts in the liner. In order to provide increased freedom of movement and maximum flexibility, extra material is built into the knee area and this additional fullness is contained by stitching down the pleats on the inside of the shell. The knee reinforcement shall be installed proportionate to the pant inseam, in such a manner that it falls in an anatomically correct knee location. The thermal liner shall be constructed with four pleats per leg in the front of the knee. Two will be located above the knee (one on each side) and two shall be located below the knee (one on each side). On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under knee. The darts in the liner provide a natural bend at the knee. The darts in the liner work in conjunction with the expansion panels in the outer shell to increase freedom of movement when kneeling, crawling, climbing stairs or ladders, etc. LINER KNEE THERMAL ENHANCEMENT A minimum of one additional layer of specified thermal liner and one additional layer of moisture barrier material, measuring a minimum of 9 inches by 11 inches, will be sewn to the knee area of the liner system for added CCHR protection and increased thermal insulation in this high compression area. The knee thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Smaller CCHR reinforcements shall not be considered acceptable since they provide far less area of coverage. CATHEDRAL KNEE REINFORCEMENTS The knee area shall be reinforced with a layer of black Dragonhide®material. The cathedral shaped knee reinforcement shall be centered on the leg to ensure proper coverage when bending,kneeling and crawling. The knee reinforcements shall measure a minimum of approximately 7 inches wide by 12 inches high at the highest point shall be double stitched to the outside of the outer shell in the knee area for greater strength and abrasion resistance. The articulated cathedral knee reinforcement shall be cut and stitched to the shell in a such a way that there shall be an arch at the top of the reinforcement, tapering down the sides of the reinforcement with a squared off bottom.Knee reinforcements of a smaller size do not provide the same protective coverage and shall be considered unacceptable. PADDING UNDER KNEE REINFORCEMENTS Padding for the knees shall be accomplished with one layer of Silizone'foam,sandwiched between the thermal liner and moisture barrier. The placement of Silizone®padding on the thermal versus the shell 34 reduces the bulk in the shell and also serves to protect the padding from abrasion and other wear issues that the outer shell is subject to. Pants with Silizone® knee padding on the shell as opposed to on the liner,do not provide the same level of bulk reduction and abrasion resistance and are not recommended. EXPANSION (BELLOWS) POCKETS An expansion pocket, measuring approximately 2 inches deep by 10 inches wide by 10 inches high shall be double stitched to the side of each leg straddling the out-seam above the knee and positioned to provide accessibility. The lower half of each expansion pocket shall be reinforced with an additional layer of Kevlar®twill material on the inside. Two rust resistant metal drain eyelets shall be installed on the underside of each expansion pocket to facilitate drainage of water. The pocket flaps shall be rectangular in shape,constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and '/2 inch wider than the pocket. The upper pocket corners shall be reinforced with proven backtacks and pocket flaps shall be reinforced with bartacks. The pocket flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1'/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end).Two corresponding pieces of 11/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. EXPANSION POCKET REINFORCEMENTS The lower half of the expansion pockets shall be reinforced on the outside with a layer of black Dragonhide®material. 6 PACK TOOL COMPARTMENT A tool pocket constructed of Kevlar®material and measuring approximately 8 inches high by 10 inches wide will be installed on the inside of both the left and right pockets with double stitching. The front pockets will measure 6 inches high. Two separate rows of stitching will divide the tool pocket into six compartments,three in front(6 inches high)and three in back(8 inches high),measuring approximately 3 inches wide and set side-by-side. PANT CUFF REINFORCEMENTS The cuff area of the pants shall be reinforced with a layer of black Dragonhide®material. The cuff reinforcement shall not be less than 2 inch in width and folded in half, approximately one half inside and one half outside the end of the legs for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the outer shell for a minimum of two rows of stitching. This independent cuff provides an additional layer of protection over a hemmed cuff. Pants that are turned and stitched at the cuff, as opposed to an independent cuff reinforcement, do not provide the same level of abrasion resistance and shall be considered unacceptable. 35 PADDED RIP-CORD SUSPENDERS &ATTACHMENT On the inside waistband shall be attachments for the standard"H" style "Padded Rip-Cord" suspenders. There will be four attachments total—2 front, 2 back. The suspender attachments shall be constructed of black Ara-Shield' material measuring approximately '/2 inch wide by 3-inches long. They shall be sewn in a horizontal position on the ends only to form a loop. The appearance will be much like a horizontal belt loop to capture the suspender ends. A pair of"H" style "Padded Rip-Cord" suspenders shall be specially configured for use with the pants. The main body of the suspenders shall be constructed of 2 inch wide black webbing straps. The suspenders shall run over each shoulder to a point approximately shoulder blade high on the back,where they shall be joined by a 2 inch wide horizontal piece of webbing measuring approximately 8-inches long, forming the"H". This shall prevent the suspenders from slipping off the shoulders. The shoulder area of the suspenders will be padded for comfort by fully encasing the webbing with aramid batting and wrap-around black aramid. The rear ends of the suspenders will be sewn to 2-inch wide elasticized webbing extensions measuring approximately 8-inches in length and terminating with thermoplastic loops. The forward ends of the suspender straps shall be equipped with specially configured black powder coat non-slip metal slides with teeth. Through the metal slides will be the 9 inch lengths of strap webbing"Rip-Cords"terminating with thermoplastic loops on each end. Pulling on the "Rip-Cords" shall allow for quick adjustment of the suspenders. Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be black aramid suspender attachments incorporating two snap fasteners. The aramid suspender attachments are to be threaded through the suspender attachment loops on the inside waistband of the pants. The aramid suspender attachments will then fold over and attach to themselves securing the suspender to the pants. REVERSE BOOT CUT The outer shell pant leg cuffs will be constructed such that the back of the leg is approximately 1 inch shorter than the front. The liner will also have a reverse boot cut at the rear of the cuff and a concave cut at the front to keep the liner from hanging below the shell. This construction feature will minimize the chance of premature wear of the cuffs and injuries due to falls as a result of"walking" on the pant cuffs. Pants that have "cut-outs" in the back panel rather than a contoured boot cut shall be considered unacceptable. THIRD PARTY TESTING AND LISTING PROGRAM All components used in the construction of these garments shall be tested for compliance to NFPA Standard #1971 by Underwriters Laboratories (UL). Underwriters Laboratories shall certify and list 36 compliance to that standard. Such certification shall be denoted by the Underwriters Laboratories certification mark. LABELS Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the NFPA certification label(s) shall include the following information. • Compliance to NFPA Standard#1971 • Underwriters Laboratories classified mark • Manufacturer's name • Manufacturer's address • Manufacturer's garment identification number • Date of manufacture • Size ISO CERTIFICATION/REGISTRATION The protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level of quality. Indicate below whether the manufacturer is so certified and registered by checking either "Yes" or "No" in the space provided. BETTER BUSINESS BUREAU The manufacturer is accredited by the Better Business Bureau, showing a commitment to ethical and principled business practices. WARRANTY The manufacturer shall warrant all items provided to be free from defects in materials and workmanship for their serviceable life when properly used and cared for.Manufacturer shall provide specific warranty details for all components associated with this contract. HOOK AND LOOP SUPPORT PROGRAM Support program shall cover hook or loop tape that has begun to fray or otherwise degrade from normal wear. This program shall remain in effect for a period of five years from the original date of manufacture of the garment. This support program shall cover the repair or replacement, without charge, of any hook and/or loop on the garments produced by the manufacturer providing the garments are otherwise serviceable. 37 This support program does NOT cover damage from fire, heat, chemicals, misuse, accident or negligence. Failure to properly care for garments will serve to void this support program. SIZING BY VENDOR: Both male and female sizing samples shall be available. Both male and female sizing samples shall be on hand for use when sizing. The vendor shall be available to perform all sizing requirements within 96 hours of written notice. Measuring with a tape measure is not acceptable. GARMENT TRAINING AND SUPPORT OSHA requires employees be trained on the capabilities and limitations of their Personal Protective Equipment. The selected vendor shall provide the following: • On-site care and maintenance training shall be provided by the manufacturer. Training shall be in compliance with NFPA 1851, current edition, at the conclusion of which each participant shall receive a certificate of completion. • An on-site OSHA mandated training class on the Knowing the Limits of Your PPE shall be provided at no charge. The training shall include structural firefighting coat,pant and boots. BAR-CODE/RECORD KEEPING INTERFACE A 1 dimensional barcode,in the interleaved 2 of 5 format shall be printed on the label of each separable layer of the garment. This barcode shall represent the serial number of the garment. The manufacturer shall be able to provide a detailed list of each asset of a drop-shipped order, and shall include the following: • Brand • Order Number • Serial Number • Style Number • Color • Description • Chest/Waist Size • Jacket/pant Length 38 • Sleeve Length • Date of Manufacture • Mark-For Data This information shall be able to be imported into the manufacturers web-based system designed to facilitate the organization and tracking of assets in accordance with the cleaning and inspection requirements of OSHA and NFPA 1851. PPE RECORD KEEPING The manufacturer shall make available and no-charge, a password protected data based backed website that does not care whose brand of PPE assets are being recorded. The website shall have the functionality to allow the manufacturer to import all of the pertinent data into the department's account so that the initial data entry by fire department personnel is eliminated. The website shall allow for the department to use a barcode scanner, if desired, to scan the Interleaved 2 of 5 barcode found in the gear by going to the Search the Serial Number page in PPE record keeping program, and scanning the asset's barcoded serial number. EXCEPTIONS TO SPECIFICATIONS Any and all exceptions to the above specifications must be clearly stated for each heading. Use additional pages for exceptions, if necessary. COUNTRY OF ORIGIN Jackets and Pants shall be manufactured in the United States. NO EXCEPTION HELMETS PRODUCT TYPE: Structural Firefighting Helmet(s) with Proximity Firefighting Option PRODUCT MODEL(S): MSA CAIRNS 1044TM and MSA CAIRNS 1010TM Traditional Fire Helmet PURPOSE: To supply a uniform, standard product specification for a fiberglass composite structural fire helmet. 39 SCOPE: The scope of this product specification encompasses the performance criteria,design, construction,and materials deemed necessary for helmets utilized for structural(and proximity as applicable)firefighting. GENERAL: Helmets manufactured in accordance with this specification are designed to mitigate adverse environmental effects to the firefighter's head while providing the specifying authority with what are, in their opinion, essential requirements. NO EXCEPTIONS, DEVIATIONS OR DELETIONS TO THIS SPECIFICATION WILL BE ACCEPTED. PERFORMANCE CRITERIA: MSA Cairns 1044 and 1010 helmet(s) shall meet the requirements of NFPA 1971:2018 (or the current edition) for structural firefighting and proximity firefighting when that option is selected; US-OSHA 1910.156, and CAL-OSHA. All eye/face protection sold as part of the original helmet assembly shall be compliant with the impact requirements of the current editions of ANSI/ISEA Z87.1 and NFPA 1971. PERFORMANCE VERIFICATION DATA REQUIREMENT: Response to this specification shall include a complete and current NFPA 1971 test report from a recognized,accredited test facility detailing all performance data for the helmet(s)and compliant helmet components included in the original assembly. Certificates of conformance and/or letters of certification alone shall not be acceptable. Component testing is not acceptable. Certification testing is conducted every year to a random lot size, as per NFPA requirements. MANUFACTURER'S WARRANTY: MSA warrants MSA Cairns Fire Helmets manufactured on or after January 1, 2015, to be free from defects in materials and/or faulty workmanship for a period of ten (10) years from the date of manufacture by MSA. For MSA Cairns Fire Helmets manufactured prior to January 1, 2015, please refer to ID 3600-09-MC/Jan 2005. HELMET SHELL: The Traditional Fire Helmets have a classic American Fire Service Style helmet shell, comprising a crown, with four (4) major ribs (front, back, left and right sides), and four minor ribs equidistant between each major rib, and a brim that has a short front visor continuing around the sides to a large rear watershed area. The upper surface of the watershed shall have a textured finish with ivy scroll on 40 the back of the watershed brim.The underside of the brim shall have drill guides for the various eye/face protection that can be attached to the shell. The helmet shell material shall be a fiberglass composite,consisting of a high-temperature-,flame-,and chip-resistant "through-colored" thermoset resin, reinforced with 1" and 2" chopped fiberglass, compression molded to form a one-piece shell. • Cairns 1010 Helmet Colors The exterior of the shell shall be completely coated with a color pigmented, high gloss, abrasion, high heat, and chemical resistant paint finish. The shell color and matched paint finish shall be available in the standard colors of white, red, black, and yellow. Orange, blue, and green painted finishes shall be available over a white composite shell. • Cairns 1044 Helmet Colors The shell shall be available in white,red, black, and yellow with a unpainted, matte finish. The shell dimensions (with edge-trim) shall be 15.5" in length, 11.88" in width and a crown depth of 6.5". The shell shall have a nominal wall thickness of 0.065" in the crown and 0.080" in the brim. The shell shall have black or(white shell helmets only),high-temperature,flame-resistant,flexible edge trim made of thermoplastic rubber (TPR)with an aluminum core. The edge-trim is secured around the entire brim of the helmet by crimping the aluminum core, which simultaneously captures and retains a wire used to reinforce the brim of the helmet. The edge trim is secured at the mating ends with a high temperature adhesive and clamped by the helmet hanger clip at the edge of the rear brim. The shell shall have a helmet hanger comprised of a 3/4", nickel plated "D" ring and a stainless steel clip. The helmet hanger shall be attached to the center rear of the brim. FRONT HOLDER: The helmet shell shall be furnished with a collapsible brass front-piece holder designed to absorb impact that shall be attached to the main rib on the shell front, and positioned to capture the top of standard 6" fire department identification shields (i.e., front piece). The front holder shall be brass. Options: • Carved eagle • Silk-screened eagle • Silk-screened Maltese cross • Carved dragon 41 • Carved beaver The shell shall have a thermoplastic, front-piece mounting bracket affixed to the front center of the brim. The bracket shall provide for positioning and retention of 6" front pieces. IMPACT CAP: The impact cap is designed to help provide increased thermal and impact protection. The impact cap shall be an impact-resistant polymer liner covered by a rigid cell, high temperature, energy absorbing urethane foam cap that covers the entire inner crown of the helmet. This impact cap is held into the helmet shell by the Shell Release tabs and corresponding brackets. It is removable for inspection and replacement. HEAD SUSPENSION: The Traditional Fire Helmet shall consist of a six-way head suspension system, attached to the impact cap. The head suspension system comprises of three (3) fixed 0.75" wide nylon straps mounted at six points on the impact liner and fastened at their intersection to form the 6-way overhead strap assembly. The straps are attached to the impact cap by means of a rigid plastic clip that locks the straps into the lugs of the impact cap liner. A cloverleaf crown pad shall be incorporated into the overhead strap assembly. SHELL RELEASE SYSTEM: The impact liner, complete with suspension system and chinstrap assembly (as described under "CHINSTRAP"shall be retained to the helmet shell by means of two (2) thermoplastic retention clips mounted under the eye/face protection hardware. This design will enable the shell to be released from the helmet when impacted from below the brim,reducing the chance of being injured by the chinstrap, and leaving the impact cap on the wearer's head for continued thermal and impact protection. SIZING ADJUSTMENT: The size of the headband may be adjusted to fit the wearer's head by means of a ratchet adjustment system. The headband is attached to the sides of the impact cap liner by four(4)flexible retention tabs. The rear ratchet arms shall have three (3)adjustable positions so that the angle of the ratchet may be set to accommodate the nape of the wearer's head. The headband height shall be adjustable at the front of the helmet via a hook and look system to provide additional comfort to the wearer and maximize compatibility with the SCBA facepiece. The headband shall have a head size range of 6 3/8 to 8 3/4, adjustable in 1/8" increments. COMFORT LINER: The Traditional Fire Helmet shall have a removable comfort liner, consisting of a headband cushion and a ratchet pad. Both components made of a foam-core laminate system, comprised of a soft black 42 flame-resistant flannel material against the user's head backed by a soft loop material which will be secured to the headband and ratchet with hook fastener. The comfort liner is machine-washable. Options: • Standard flannel • Deluxe leather-lined CHINSTRAP: The chinstrap shall be constructed of three (3)pieces (or sections) of 3/4"wide, spun-Nomex webbing, which are connected by a high-temperature, durable thermoplastic quick-release buckle on the left side of the helmet, and by an optional cast zinc postman's slide buckle on the right side of the helmet. The middle section shall be a minimum of 23" in length and the total length of the chinstrap shall be 35" at full extension, end to end. Option: • Four-point chin strap EAR/NECK PROTECTION: The Traditional Fire Helmet provides ear and neck protection with a 7.25" wide, 19" long, full-cut earlap with an expanded opening at the neck, making the ratchet adjustment easily accessible. The triple-layer earlap consists of a 4.5 oz. /yd., colored Nomex outer layer, and two flame resistant black flannel inner layers. The earlap shall be secured via two (2) Velcro tabs at either end of the top of the earlap and one continuous length of Velcro along the top edge of the earlap. The ear and neck protector shall be removable without interfering with the overhead strap assembly in any way and without removing any part of the helmet suspension. The earlap shall be machine washable. Options: • Yellow Nomex • Black Nomex • PBI/Kevlar • Bloodborne Pathogen • Under chin extension 43 RETRO-REFLECTIVE TRIM The Traditional Fire Helmet shall have eight (8), Lime-Yellow tetrahedron shaped pieces of retroreflective trim around the exterior of the crown of the helmet shell for maximum visibility. Options: • Reflexite material • Scotchlite material with additional color options of: o Red/Orange triple trim o Lime yellow triple trim EYE/FACE PROTECTION OPTIONS: Defender®Visor The MSA Cairns 1010/1044 Traditional Fire Helmets could have an integral visor that retracts between the helmet shell and impact cap. The visor shall be a wrap-around design,4.5"high and 8.25"long and have a comfort nose pad. The lens shall be coated with a scratch resistant coating on both inner and outer surfaces to help protect it from abrasion.The lens shall be optically correct to eliminate distortion. The lens material shall be high-performance, impact-resistant plastic. The lens shall be able to be replaced within 15 seconds and without the use of tools(e.g.Allen wrench, screwdriver).The lens must be retained without the use of spring-loaded mechanics or lever system. Options: • Clear lens • Tuffshield (yellow tinted) Bourke Eye Shield The Bourke Eye Shield is comprised of two 6.5" (W) x 2.75" (L) x 0.2" (D) polycarbonate lenses that pivot up and down at 90' simultaneously. The lenses are fastened to a single keep and cable (spring) system that allows the two (2) lenses to move simultaneously. When not in use (i.e., up) they are low- profile against the underside of the front brim. The entire assembly is mounted to a brass plate, which is secured to front center brim of the helmet shell. Faceshield and Hardware Faceshield 44 The faceshield that shall be a wrap-around, high pivot design, 4.5"wide, 18.0" long and 0.150" thick. The lens material shall be high performance,high temperature,impact-resistant thermoplastic. The lens shall be coated with a scratch resistant coating on both inner and outer surfaces to protect the lens from abrasions. Hardware The faceshield shall be mounted to the helmet shell by means of two (2) glass-reinforced, high- temperature and flame-resistant thermoplastic bracket assemblies, with adjustable thermoplastic knobs one (1) on either side of the helmet shell. The brackets allow the faceshield to be raised above the helmet shell when not in use. Goggle System The goggle system that shall be comprised of a high-temperature, flame- and impact-resistant goggle lens and frame, a flame-resistant, elastic goggle strap, and a goggle retention system. Both inner and outer surfaces of the goggle lens will have an anti-scratch and anti-fog coating. Both ends of the lens will be reinforced with a fiberglass insulating label for extra durability at elevated temperatures. The lens will be low profile, optically correct with a nominal thickness of 1/16". The goggle strap will require a one-time adjustment which facilitates donning while wearing gloves. Options: • MSA Cairns 550 Goggle has a wrap-around strap that attaches to the back of the helmet with a D-Ring fastener. • ESS Innerzone 2 has a snap-on/snap-off attachment to structural helmets. The low- profile post design works with all structural firefighting helmets. • ESS Innerzone 3 has a wrap-around strap that attaches to the back of the helmet with two adhesive-backed hook&loop tabs. Proximity Fire Fighting Helmet The Traditional Fire Helmets shall be used without a brass front holder for proximity firefighting. The necessary components must include a proximity bonnet, a proximity shroud,and gold-plated visor. Use of these components shall enable these helmets to be compliant with the proximity firefighting helmet requirements of NFPA 1971: 2018. Proximity Bonnet The proximity bonnet shall be custom made to fit specifically over the MSA Cairns 1010 Traditional Fire Helmet. The proximity bonnet shall consist of an outer aluminized PBI/Kevlar layer, and an inner moisture barrier and thermal liner. The proximity bonnet, when attached to the helmet, shall allow a faceshield to be attached to the helmet over the proximity bonnet. 45 Proximity Shroud The proximity shroud shall be custom made to work specifically with the proximity bonnet. The proximity shroud shall consist of an outer aluminized PBI/Kevlar layer, and an inner moisture barrier and thermal liner. The proximity shroud, when used in conjunction with the proximity bonnet, shall provide continuous radiant reflective protection for the head, face, and neck areas that do not receive primary protection from the helmet or faceshield. Faceshield The faceshield used in the proximity system shall be a gold-coated 6" faceshield. The faceshield shall provide radiant reflective protection to the head, face, and neck areas that do not receive primary protection from the helmet or proximity bonnet or proximity shroud. MAINTENANCE,REPAIR& RETIREMENT: Upon the customer's request, training will be provided explaining the proper maintenance, repair and retirement of the helmet. BOOTS NFPA 1971 and NFPA 1992 Certified Certified to NFPA 1971, Standard on Protective Ensembles for Structural Firefighting and Proximity Firefighting, Current Edition for Structural Fire Fighting and NFPA 1992, Standard on Liquid Splash- Protective Ensembles and Clothing for Hazardous Materials Emergencies, Current Edition. General Design 14 inch Pull-On athletic footwear(cement construction)boot,black flame-resistant and water-resistant leather, double-stitched leather joining seams, hi-vis yellow and silver reflective trim, leather-trimmed webbing pull straps, padded leather collar, padded leather flex joints in the shaft above vamp and heel, liquid and chemical resistant breathable bootie liner, cut-resistant and thermal protective bootie-shield liner,composite safety toe cap,composite shank,composite penetration-resistant insole barrier,molded shin guard, flame-resistant synthetic rubber molded cup outsole and toe bumper, 3D lasting board, molded composite heel counter, internal heel fit system, and a removable molded footbed as well an additional insert for use in conjunction with the footbed. Slip Resistance Boots must exceed the minimum test values for slip resistance(average of left and right foot)as detailed below to provide superior performance in dry,wet,and frosted ice conditions. Boots that do not exceed these minimums in all conditions shall not be acceptable. Bidders must promptly supply a Technical Services Report from a recognized independent testing laboratory upon request showing the boots bid meet this requirement. 46 Test Method: VUSA TT S&C 1-18 Ed. 1 Rev. 0 Slip Resistance of Footwear and Floorings Load=500 N Dry Clay Quarry Tiles: Forepart> 1.00 Heel > 1.00 Wet Clay Quarry Tiles: Forepart> 0.60 Heel> 0.60 Frosted Ice-7°C Run 1: Forepart= 0.28 Heel=0.28 Frosted Ice -70C Run 4: Forepart> 0.12 Heel >0.12 For maximum slip resistance each outsole shall have Siping lines. Siping lines cut into flat areas open up when flexed to provide additional traction on water and ice. The boot shall also include self-cleaning lugs and an omni-direction tread pattern designed for superior performance in all terrains and when working on ladders. Flexibility Boots must reach the Maximum Flex Angle of 48 degrees without exceeding the critical bending moment with a resulting stiffness index less than 10.0 as detailed below to provide maximum flexibility. Boots that do not meet this requirement shall not be acceptable. Bidders must promptly supply a Technical Services Report from a recognized independent testing laboratory upon request showing the boots bid meet this requirement. Test Method: SATRA TM 194:2004 Longitudinal stiffness of footwear FireStorm heather Boots shall be made from heavy-duty, flame-resistant and water-resistant full-grain cattle hide leather measuring 2.0—2.2 mm of thickness for durable tear and puncture resistance. Tumbled full-grain cattle hide leather shall be utilized in collar and flex areas for mobility. The leather shall be chrome tanned to withstand high temperature with minimal shrinkage, re-tanned to impart water resistance and low water absorption, and finished to retain maximum breathability. Leather shall meet or exceed the following physical tests: 47 Water Penetration ASTM D2009 15,000 flex minimum Dynamic Water Absorption ASTM D2009 15%maximum Static Water Absorption ASTM D6015 30%maximum Slit Tearing Strength ASTM D2212 30 pound minimum Moisture Vapor Transmission ASTM D5052 350 g/meter2/24 hours minimum Flame Resistance NFPA 1971 afterflame no more than 2.0 see, not melt or drip,no burn through t CROSSTECH®Footwear Fabric A full-height, full sock,bootie liner made from a package of Omaha lining fabric, 300g felt insulation, and CROSSTECH® moisture barrier shall be provided for a liquid resistant and breathable moisture barrier as well as thermal protection as defined by the specified NFPA standards. Athletic Footwear (Cement) Construction Outsole For optimum flexibility, comfort, and weight reduction, the boot shall include a VIBRAM® Synthetic Rubber Sculpted, Contoured Cup Outsole cemented to the bottom and sides of the upper using a 2-part cross-linking adhesive that forms a bond stronger than the materials it attaches. The outsole must be made from flame, abrasion, oil, acid, and slip resistant compound engineered for high-traction, cold- weather resistance, and durability. Goodyear welt or direct attach construction methods will not be acceptable. Bootie-Shield Liner A protective bootie-shield of KEVLAR® fiber blend stitchbonded non-woven batting weighing 4.0 oz./yd2 shall be positioned between the leather shell and the CROSSTECH® moisture barrier bootie to provide abrasion and cut resistance and additional thermal protection. Boots that do not have an additional Flame Resistant (FR) protective bootie-shield between the leather shell and the CROSSTECH°moisture barrier bootie shall not be acceptable. Composite Safety Toe Cap The safety shall consist of a composite material that is lighter than steel, does not transmit heat or cold, and will spring back to shape after impact. Must exceed NFPA standards for safety. Metal toe caps shall not be acceptable. 48 Padded Leather Collar The padded collar shall have a rolled top edge formed by folding over the leather to help the boots slide against the pants liner and reduce the potential for the pants liner to hang up on the top of the boots as well as to reduce abrasion against the wearer's calf. Composite Penetration Resistant Insole Barrier Penetration resistance shall be provided by a composite insole to maximize flexibility and insulate from heat or cold transmission. Must exceed NFPA standards for safety. Metal plates shall not be acceptable. 3D Composite Lasting Board Boot uppers shall be lasted to a molded and contoured dual-density lasting board with a built-in flex zone in the forefoot and a torsionally stable heel. Flat fiber lasting boards shall not be acceptable. Composite Shank The shank shall consist of a composite material that is lighter than steel, does not transmit heat or cold, and springs back to shape better. Metal shank shall not be acceptable. Molded Heel Counter Boots shall have a molded heel counter of water-resistant composite material individually molded to fit each size perfectly. Leather or fiber board heel counters shall not be acceptable. Padded Shin Guard Boots shall include a padded composite shin guard to provide extra protection when working on a ladder. Moisture absorbing natural fiber padding shall not be acceptable. Synthetic Rubber Toe Bumper Boots shall have a molded Flame Resistant (FR) synthetic rubber toe bumper to provide abrasion resistance when crawling. The toe bumper shall be cemented and 2-needle stitched to the vamp. 3M SCOTCHLITETM Reflective Material Boots shall have a flame-resistant fluorescent yellow and silver 3M SCOTCHLITETM reflective material sewn to both sides of the shaft for added visibility. Webbing Pull-Straps Boots shall have NOMEXO webbing pull-straps with leather trim securely attached to the leather uppers by inserting into to collar seam to minimize stitching through the leather. 49 Internal Fit System Boots shall have an anatomical foam insert wraps around the top and sides of the heel with an opening to fit and hold the back of the heel securely while cushioning the ankle. 3D Molded Footbeds System Boots shall have a removable urethane foam footbed. The footbeds are contoured to cradle and cushion the bottom of the foot and to provide arch support. The footbeds shall have a moisture-wicking and anti-microbial fabric top layer. A second pair of 3D molded footbeds that are thicker in the forefoot is provided with every pair for a custom fit. This thicker footbed provides a snugger fit. Sizes Boots must be available in Men's full sizes 5— 18 and half sizes 5 I/2 — 15 %2 in Narrow,Medium,Wide, and X-Wide widths. Boots must also be available in a Wide Calf model in the same size range that will provide an additional 3 inches in circumference at the calf to fit those with larger calves. Boots must be available in Women's full sizes 5 — 1*2 and half sizes 5 '/2 - 11 '/2 in Narrow, Medium, Wide, and X- Wide widths. Resoling Service The winning vendor shall have resoling services available at their factory as needed. Country of Origin Boots shall be manufactured in the United States. Third Party Testing and Listing Program The footwear shall be tested for compliance to NFPA Standard 1971 and 1992 by a recognized independent testing lab which shall certify and list compliance to that standard. Such certification shall be denoted by the independent testing labs mark on the certification label affixed to the boots. Labels Appropriate warning label(s) shall be permanently affixed to each boot. Additionally,the label(s) shall include the following information: ® Compliance to applicable NFPA Standard(s), current edition(s) ® Independent Testing Lab marls ® Manufacturer's name 50 ® Manufacturer's address ® Manufacturer's boot identification number ® Date of manufacture ® Size ISO Certification/Registration The manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level of quality. Warranty The manufacturer shall warrant these boots to be free from defects in materials and workmanship for one year when properly used and cared for. Sized by Vendor The vendor shall be available to perform all sizing requirements. PPE Record Keeping The manufacturer shall make available at no-charge, a password protected data based backed website that allows all brands of PPE assets to be recorded. The website shall have the functionality to allow the manufacturer to import all of the pertinent data into the department's account so that the initial data entry by fire department personnel is eliminated. The website shall allow for the department to use a barcode scanner, if desired, to scan the Interleaved 2 of 5 barcode found in the gear by going to the Search the Serial Number page in PPE record keeping program, and scanning the asset's barcoded serial number. Exceptions to Specifications Any and all expectations to the above specifications must be clearly stated for each heading. Use additional pages for exceptions, if necessary. GLOVES General Design Gloves shall be of Gunn cut pattern. Glove palm shall be made with (3.0 oz. —3.5 oz.) EVERSOFT® cow leather tanned with additives to stay soft when wet and provide low water absorbance. The back shall be (3.25 oz. — 3.75 oz.) smooth grain Flexor cow leather. Each glove has a girdle sewn into the palm for positive grip and a reinforced thumb. Welts are sewn into the middle and ring fingers for extra 51 seam strength. A layered nonrestrictive leather knuckle guard shall be sewn across the knuckle area. Knuckle guard shall have Fire Hog logo. Thread shall be 100%Kevlar. The moisture barrier shall be breathable and waterproof Pyrotect barrier.Barrier material shall be 100% waterproof and provide viral/chemical penetration resistance and blood borne pathogen protection. To provide greater liner retention, reduce bulk in finger tips, and improve haptic feedback, a breathable adhesive shall be used in place of tip-tape to ensure full liner/barrier glove bonding. Liner shall be full sock design made of 6 oz. no drip,no melt, FR modacrylic. Glove shall be available in a gauntlet model or with 4" black 100%Nomex knit cuff with leather pull patch and hang up loop. The gauntlet style has a 1-inch leather cuff hemmed over the top of the glove. Each glove shall be labeled in accordance with NFPA 1971, 2018 or current edition, labeling requirements including, date of manufacture and certification organization mark. The glove label shall include a two dimensional bar code with lot number and individual identification number to facilitate tracking. The label shall be tagless design attached to the inner cuff of each glove. The label shall be heat set and sewn on top and bottom for added durability. (Note: On gloves with the 4"Nomex cuff the label is heat set only to the knit wrist). Gloves shall be available in the following stock sizes: (NFPA Standard 1971, 2018 or current edition) • 58N (normal) =X Small • 64N (normal) = Small • 70N (normal) =Medium • 70W(wide) =Medium Wide • 76N (normal) =Large • 76W (wide) =Large Wide • 82N(normal) =X Large • 82W(wide) =XX Large Gloves shall be warranted against liner pull out for one year. Gloves shall be certified to NFPA Standard 1971, 2018 or current edition and manufactured in the United States. HOOD COBRATM ULTIMATETm HOOT) 52 Style#3049298 Material: Carbon ShieldTM Arc Rating: 23.3 HRC Rating: 2 DESIGN: Extra Long Double ply hood throughout • X-Long length covers chest, shoulders and shoulder blades • Flat-stitched seams •X-heavy 1/2"wide elasticized face opening. • Cover stitched bound drape • Double-ply hood throughout •UL Classified to NFPA 1971: Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting—Current Edition FABRIC: • Both outer shell and lining are a blend of Carbon/High Strength Aramid - approx. 6.5 oz sq yd. • 1 x 1 rib knit fabric - knit to allow approx. 130% stretch for maximum stretch and recovery. • Calendared to minimize laundry shrinkage. STITCH TYPES AND SEAMS: •All stitching conforms to federal Standard 751 Specifications (FEDSTD-751). • Major seams are flat seam assembled, stitch type 607. • Drape attachment to top is done with stitch type 401 and reinforced with stitch type 605 • Elastic in face opening is erged in with stitch type 503 and reinforced with bottom cover-stitch, stitch type 406. 53 • Binding is applied with bottom cover-stitch, stitch type 406. THREAD: All seams are sewn with 100%Nomex thread size Tex 40. CONSTRUCTION: • Composed of two layers throughout. • For a contoured fit the hood is seamed from top of face opening to back of head. • Face opening is circular in shape and serged with x-heavy duty '/2"wide elastic around the perimeter. The elastic is then folded back'/2" and cover stitched. The face opening stretches a full 16" (which is 25%more than conventional hoods) for easy donning and a snug fit around face of SCBA mask. Face opening maintains original shape after repeated launderings. • The bottom edge of hood is bound with self-material bias binding. • Gusset added at side seams to provide complete shoulder coverage and smoother drape. PRODUCT SPECS FINISHED HOOD MEASUREMENTS: Size: One size hood fits all. Labeling and User Information: Each hood is clearly labeled to identify material contents,NFPA acceptance, UL Classification, Date of Manufacture, and Care Instructions. Included with each hood is a complete users information guide. Meets or Exceeds Industry Standards UL classified to meet or exceed NFPA 1971 - Current Edition; Compliant 54 with CAL-OSHA, Sections 3406 and 3410(d) and OSHA Rule 29 CFR, Part 1910, 269. Compliant with NFPA 70E Current Edition and meets performance specifications of ASTM-F-1506. ARC Rating: 23.3 - Hazard/ Risk Category: 2. 1. Face opening is circular and measures between 4.6" to 5.6" in diameter. 2. Length of hood below face opening approx. 12". 3. Length of hood at side from top to bottom approx. 17". 4. Length of hood at front and back from top to bottom approx. 19'/Z". 5. Length of hood at front top to bottom approx. 20". All proposals must include specific pricing for each component and style Item Price Pants Nobe (ors-ts $ Coat iche. 0-00-ts $lZ , 3� �� Q ,V- `, e C ( � i C 0A C� Any itemized option for PPE or Equipment $ 0% off L 1-6-� Pr c_t Helmet A CA i(?-N S l 0 1 D $ Helmet B CPli�zi-ts ( Z)H y $ e-Fe rye(- —\::)e- 1 v. e a M7 . 00 Helmet C i v N 5 P :n;+ $ Gloves e i Gt i Cry $ Cire.. VA Z) � H � 0 Hood -pb t A 6®tick2q�6 $ D y � Boot (�Cohc -bu'p6-ct'`�ic $ - j lab®"00 Suspenders (obe, $ 55 Proposal $!radin2: Initially all proposals will be evaluated to ensure that they meet the RFP. All proposals that meet the RFP shall be prepared to provide an onsite demonstration of their product. After the demonstrations are complete we may require a test set of PPE to be provided at no charge for evaluation purposes. The grading criteria for the proposal are as follows: Low 1 2 3 4 High 5 % Price point 10 Vendor past performance 15 Ability to meet the needs of this contract 10 Ability to provide PPE in a timely manner 5 User evaluation 60 56 -------------- FORM 1295 FCERT:17FICATE OF INTERESTED P��ARTIES tCompiet Nos.1-4 and 6st there tare interested parties, OFFI USE ONLY complete Nos,1,2,3,5,and 6 it there are no rnterested parties. CERTIFICATION OF FILING 1 Name of business entity firing form,and the city,state and country of the business entity's place Certificate Number of businesse 2020.6687 7 Casco industries,incorporated Grand Prairie,T� united States Date piled: , � �. t7g3l1°ds4) 9Vr�exr has a�+aw�r~rtrt^a�srstr�8 rmtRty or state agency tt'at�t Is;�r�arigP icr the�:esntetxct rear which Che trarrra s beings filed. North Richia d iim Departmentire taste ckno�aledgl alt t Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a descriptlon of the services,goods,or other property to be provided under the contact, 20-026 Rrefrphting Ci other Bunker er Gear Mature of interest Name of Interested Party city,state,Country(place of business) (check applicable) Controlling Intermediary d Check only it there is NO Interested Batty. My name r t w_. _%✓ � ;� t. and my date of birth as_..d ._ _ L "vt address as ' x( lz� y" .. ,,... _ t. (street) (city) (state) Cap Code) fcountryr t declare under penalty, of perjury that the foregoing is true and correct, ° r d rays Ilse h.-1r x� 4� a 01 to t : FY«�'§'Q71$d,'P.liC1._,._.,4.'..S�sr''..w,...`'a�,...._,_.._.,.....,..,_»,.a,.,...a_...,...,,....,..u ..m ....w__ CSl9Y1.C�, ,,stc"itE.'Ctt................ ..........v._..._...._._._..,� y ".' � ..._� nifonth) (year) a gr°rture of authorized agent tat contrtac, i business entity to �g rtl F.urni s provided by Texas Ethics Cornntission v ,ethics,state,tx.uVersion V1.13a6aaf7d "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 SUBJECT: ZC 2020-08, Ordinance No. 3666, Public hearing and consideration of a request from Slade Stephens for a zoning change from AG (Agricultural) to R-2 (Single-Family Residential) at 8416 Franklin Court, being 0.23 acres described as Lot 15, Thomas Peck Subdivision. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Slade Stephens is requesting a zoning change from AG (Agricultural) to R-2 (Single- Family Residential) on 0.23 acres located at 8416 Franklin Court. GENERAL DESCRIPTION: The property is located south of Shady Grove Road on the east side of Franklin Court near the middle of the block. The lot is part of the Thomas Peck Subdivision, which was platted in 1969. The lot is currently vacant. The applicant is requesting a zoning change to R-2 (Single-Family Residential) with the intent to construct a new residence on the property. The 10,000-square foot lot has 80 feet of frontage on Franklin Court and is 125 feet deep. While the property is a platted lot, the owner would be responsible for installing any water and sanitary sewer taps and associated impact fees. While most of the lots on Franklin Court are zoned Agricultural, five lots have been rezoned to R-2 (Single-Family Residential). These properties were rezoned in 2002, 2011, 2014, and 2019 to accommodate the construction of new single-family residences. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned AG (Agricultural). The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. "K NOKTH KICHLAND HILLS PROPOSED ZONING: The proposed zoning is R-2 (Single-Family Residential). This district is intended to provide areas for low density development of single-family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. SURROUNDING ZONING ( LAND USE: NORTH AG(Agricultural) Low Density Residential Single-family residence WEST AG(Agricultural) Low Density Residential Vacant SOUTH R-2(Single-Family Residential) Low Density Residential Single-family residence EAST AG(Agricultural) Low Density Residential Vacant PLAT STATUS: The property is currently platted as Lot 15, Thomas Peck Subdivision. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 17, 2020, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3666. L,o 0 smvo A3-IIVA LU 0 z C/S 0 Z-< MooUe UgVd, LU NIIMNVH:l cn MWS)4013 (38ojdl9 C T 3HIHSHiHOM M31A'GNVH9 Cu C,4 ;h- 0 CN CN Mi 9D 9D SIAVG LU E LU LU LL LL LU Li o 0 i L � � N c-I � I IJµ tl f 0 Iill b w� WM uul , I / v� "rl �I I I Vw r, 0 N °moo o m b o N E ora' CN C N �a e >_T J r„ a k4FItH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZC 2020-08 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT Slade Stephens LOCATION 8416 Franklin Court REQUEST Public hearing and consideration of a request from Slade Stephens for a zoning change from AG (Agricultural) to R-2 (Single-Family Residential) at 8416 Franklin Court, being 0.23 acres described as Lot 15, Thomas Peck Subdivision. DESCRIPTION Proposed zoning change for the development of a single-family residential lot PUBLIC HEARING DATES Planning and Zoning Commission 6:00 PM Thursday, September 17, 2020 City Council 7:00 PM Monday, September 28, 2020 MEETING LOCATION In compliance with the Texas Open Meetings Act and in accordance with Section 418.016 of the Texas Government Code and such action issued by III ILIS the Governor of Texas on March 16, 2020, the The enclosed flyer contains information North Richland Hills City Council and Planning and Zoning Commission will conduct their regular about viewing and participating in the meetings in the Council Chambers,4301 City Point meeting in light of COVID-19 Drive, North Richland Hills, Texas, or via video conference. People interested in submitting letters of support or opposition are encouraged to contact the Planning&Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP SHADY P4,c)rt In R�j c n�1)a d Wrl j Ili s GROVE CITADEL z z 3: C, w 1 0 > 'OLDSH,IRE U. CADDOED z Ix HEFFIELD ASHLEY SHADYOAKS AMH,URST Lu w 19 NORTH TARRANT 0-40 o GLENMONT > Ae '31W IR Sol BEARS,S 01'1C 51'W -5,5 1 4' MEAS. 9 01' 02' 21" E Bom' Or 21*E-BODO' 1,3— FfE— P. ES 5.6, — �i MCA In LOT 16 '� I LOT 15 LOT 14 385-47 441 OX 388-47/441358-47 441 1w VACANT LOT 0 PROTRUSION Of NEWBORING COVERED AW OdS TN PROPERTY UNt\ 0.3T`—zq— NEIGHBOVIM OOVERED AREA DO'_Wjaj_OV_4/,FND.1 2 IR 11EAS, ND01' O�3' 00' W 79,9:8' MEAS.N 01'DV FK MLJ IRErnmkL DOMRM UNE V SET Qk A 11r IR 5/xr IR NO I 10 SON I 8416 FRANKUN COURT Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC 2020-08 8421 FRANKLIN TRUST 7278 GLENVIEW DR RICHLAND HILLS TX 76180 FRANKLIN ROYCE D 8401 SPENCE CT NORTH RICHLAND HILLS TX 76182 BRUMLOW PROPERTIES LLC 1900 BRUMLOW AVE SOUTH LAKE TX 76092 BURTON, MARYJ WAGGONER 8412 GIFFORD LN NORTH RICHLAND HILLS TX 76182 CHAU, BIC 13948 CLUSTERBERRY DR FRISCO TX 75035 COKER,JAMEST 8420 FRANKLIN CT NORTH RICHLAND HILLS TX 76182 DEDUSEVIC,SAM 6737 RIDGETOP RD NORTH RICHLAND HILLS TX 76182 FRANKLIN COURT TRUST 7278 GLENVIEW DR RICHLAND HILLS TX 76180 KEMP,GAIL 8432 FRANKLIN CT NORTH RICHLAND HILLS TX 76182 NGUYEN,VUONG 1267 SARAH BROOKS DR KELLER TX 76248 TRINITY TRUTH PROPERTIES 1601 CRESTWOOD TRL KELLER TX 76248 WELLS, LARRY L 8316 SHADY GROVE RD NORTH RICHLAND HILLS TX 76182 WHITCHER,GINA 8412 FRANKLIN CT NORTH RICHLAND HILLS TX 76182 Reference No: 2007208416 G.F.No: 5150016094 Title Co: OLD REPUBLIC TITLE Purchaser: STEPHENS PROPERTY DESCRIPTION Lot 15,THOMAS PECK SUBDIVISION,Tarrant County,Texas,according to the plat thereof recorded in Volume 388-47,Page 441,Plat Records of Tarrant County,Texas. 1. Prior to construction,contact the City of North Richland Hills for current building setback requirements for this property. TRACT 3 388—46/873 AG SET CAPPED SET CAPPED 5/8'IR IR ROM WHICH A FND.CAPPED 1/2"IR FND.1/2"IR� J02' MEAS. $ Ol' 02' 21" E — 80.00' M BEARS S 01' 14'S1'W—5.54� MEAS. 01' 2, 1'E � ��-- —— — 10.7' E P.P.5UUrY ESMr. 53BB-47/01 MWAG u)LOT 16 LOT 15 LOT 14 3BB—47/441 3BB—47/441 3BB—47/441 VACANTLOT M O 0 Of� O O N 0000 W PROTRUSION OF NEIGHBORING K 1' 0.s' COVERED AREA OVER THE00 PROPERTY LIN Z 0.37' U) NEICHDO.NG W COVERED AREA � wIIII I MFAS.N OC 53'20"W—80.11' MEAS. N 01' 03' 00" W — 79.98' MEAS.N 01'03'00'W— 161.04 V DIRECTIONAL CONTROL LINE W I/ FND.PK NAIL �/ (CONTROL) SET CAPPED P. 1/2'CAPPED 5/8"IR 8416 FRANKUN COURT Allb This survey is hereby accepted and approved. SCALE: 1" = 20' Purchaser SURVEYORS CERTIFICATION Purchaser 1,DAVID J.ROSE,REGISTERED PROFESSIONAL LAND SURVEYOR,HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY SUPERVISION AND CORRECTLY SHOWS Date THE BOUNDARY LINE,AND DIMENSIONS OF THE LAND INDICATED THEREON,AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY,SAID PROPERTY BEING SUBJECT TO ANY AND ALL EASEMENTS,RESERVATIONS AND RESTRICTIONS THAT MAY BE OF RECORD,AND STATE FIRM REGISTRATION NUMBER 10193797 THAT ONLY THE EASETAENIS SHOWN ON THE REFERENCED PLAT OF RECORD,VISIBLE EASEMENTS AND THOSE OF WHICH THE SURVEYOR WAS BEEN GIVEN WRRTEN NOTICE FROM TITLE COMPANY BOUNDARY LINE ARE SHOWN ON THIS PLAT.SURVEYOR DID NOT ABSTRACT THIS PROPERTY.THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR THE TIRE COMPANY AND PURCHASER SHOWN AND IS LICENSED BUILDING •A,',- $i'F••^1.q FOR ONE SINGLE USE.THIS SURVEY WILL BE VOID IF USED BY ANY OTHER PERSON OR FOR —E— OVERHEAD UTUTIES GjG ANY OTHER PURPOSE.SURVEYOR BEARS NO RESPONSIBILITY FOR SAID USE * FENCE *!;� t,O:GV %4;r. BRICK �AVI . Pg $EWOOD DECK 1. �. f!P R-01 I N E CONCRETES U R V E Y I N G LTD. www.prolinesurveyors.com Ph#817-276-1148 info@prolinesurveyors.com DRAWN BY. JO DATE:7-22-20 © Proline Surveying,LTD.2020 SURVEY ONLY VALID WITH ORIGINAL SIGNATURE SURVEY CAN BE UPDATED FOR DISCOUNTED PRICE ORDINANCE NO. 3666 ZONING CASE ZC 2020-08 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 0.23-ACRE TRACT OF LAND LOCATED AT 8416 FRANKLIN COURT FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.23 acres of land located at 8416 Franklin Court (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R- 2 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 17, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 28, 2020, with respect to the zoning change described herein; and Ordinance No. 3666 ZC 2020-08 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (Agricultural) to R-2 (Single-Family Residential) 0.33 acres of property described as Lot 15, Thomas Peck Subdivision, commonly referred to as 8416 Franklin Court, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved R-2 (Single-Family Residential) zoning, as set forth above. Section 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or Ordinance No. 3666 ZC 2020-08 Page 2 of 4 decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 28th day of September, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Ordinance No. 3666 ZC 2020-08 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3666 ZC 2020-08 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3666— Page 1 of 1 Zoning Case ZC 2020-08 Lot 15,Thomas Peck Subdivision 8416 Franklin Court, North Richland Hills,Texas Being Lot 15, Thomas Peck Subdivision, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-47, Page 441, Plat Records,Tarrant County,Texas. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 17, 2020 D.1 ZC 2020-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SLADE STEPHENS FOR A ZONING CHANGE FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL) AT 8416 FRANKLIN COURT, BEING 0.23 ACRES DESCRIBED AS LOT 15, THOMAS PECK SUBDIVISION. APPROVED Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Slade Stephens, 437 Vasey Oak Drive, Keller, Texas 76248 presented the request. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. There being no one wishing to speak, Chair Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER DEUPREE, SECONDED BY COMMISSIONER LUPPY TO APPROVED ZC 2020-08. MOTION TO APPROVE CARRIED 7-0. September 17, 2020 Planning and Zoning Commission Meeting Minutes Page 1 of 1 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 SUBJECT: Consider a professional services agreement for engineering services with Freese and Nichols, Inc. in an amount not to exceed $66,370 for the Risk and Resilience Assessment Project (UT2006). PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: Council is being asked to consider a professional services agreement with Freese and Nichols, Inc. for engineering services for the preparation of the Risk and Resiliency Assessment as required to comply with America's Water Infrastructure Act of 2018. GENERAL DESCRIPTION: On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law. AWIA Section 2013 requires community (drinking) water systems serving more than 3,300 people to develop or update risk assessments and emergency response plans. The law specifies the components that the Risk and Resiliency Assessments (RRA) and Emergency Response Plans (ERP) must address, and establishes deadlines by which water systems must certify completion to the EPA. For North Richland Hills and other communities with populations served between 50,000 and 99,999 people, the deadlines are December 31, 2020 and June 30, 2021, respectively. The intent of the requirement is to ensure that drinking water utilities are prepared to protect and maintain this vital infrastructure by evaluating the vulnerabilities, threats, and consequences from potential hazards, including: • Natural hazards and malevolent acts (including cybersecurity) • Resilience of water facility infrastructure • Monitoring practices • Chemical storage and handling • Operation and maintenance After completion of the Risk and Resiliency Assessment, utilities must develop an Emergency Response Plan. Once complete, both documents must be updated every five years. This contract is for the RRA portion of the requirement only, with a separate contract to be considered for the ERP. Both contracts with Freese & Nichols are structured with a "not to exceed" fee, allowing for savings to be realized with increased involvement by City IrLp NOKTH KICHLAN HILLS staff during the assessment and plan development. Sufficient funding for this item is included in the FY 2019/2020 Adopted Budget. RECOMMENDATION: Approve a professional services agreement with Freese and Nichols, Inc. in an amount not to exceed $66,370 for performance of a Risk and Resiliency Assessment as part of the Utility Risk and Resilience Project (UT2006). AGREEMENT FOR ENGINEERINGSERVICES BETWEENTHE CITY OF NORTH RICHLANDILL AND FREESE AND NICHOLS, I . I. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY"), and FREESE AND NICHLS, INC., a Texas corporation, acting by and through TREY SHANKS; its duly authorized Principal (hereinafter called "ENGINEER"). ITNTH,that CITY desires professional engineering services in connection with the AMERICA'S WATER INFRASTRUCTURE ACT (AIA) OF 2018 RISK AND RESILIENCE ASSESSMENT PROJECT. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT PROJECT in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". AGREEMENT FOR E INEE NG SERVICES6 EN THE CITY OF NOR7H RCHLANDHILLS ANDFREESE AND NICHOLS,INC.FOR AVVIA OF 2016 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 1 n9 23 IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. I. ADDITIONAL ENGINEERING SERVICES Additional Engineering Services are defined in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. No Additional Engineering Services are authorized unless authorization for specified additional services are provided to ENGINEER by CITY in writing and approved by CITY. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. Vill. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments including without limitation reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above for the not-to- exceed fee of Sixty-Six Thousand Three Hundred Seventy Dollars ($66,370). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLANDH ILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 2 of 23 D. CITY and ENGINEER understand that the variables in ENGINEER' cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER'obligations under this Agreement nor excuse performance or delay on ENGINEER' part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER AND ITS SUBCONSULTANTS SHALL INDEMNIFY AND HOLD CITY AND ALL OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSES, ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF ENGINEER OR ITS SUBCONSULTANTS, AND ALL OTHER PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR, OR OMISSION IN THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF EVALUATIONS, REPORTS, SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH; ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST CITYAND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM ON ACCOUNT OF THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS OR OMISSIONS, AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAYBE INCURRED BY OR RENDERED AGAINST CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM, IN CONNECTION WITH THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS, OR OMISSIONS; PROVIDED AND EXCEPT HOWEVER, THAT THIS INDEMNIFICATION PROVISION SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS CAUSED BY DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO ENGINEER BY CITY, OR AGREEMENT FOR ENGINEERINGSE ICES BETWEEN THE CITY OF NORTH PJC ®HILLS ANDFREESE AND NICHOLS,INC,FOR AWIA OF 2018 RISK ANDRESILIENCE ASSESSMENT (6/07/2016) Page 3 of 23 Y SIGNIFICANT DEVIATION IN CONSTRUCTIONI DESIGNS, WORKINGI SPECIFICATIONS T ENGINEERING U T . Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. XLINSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ( 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH PJCHLANDHILLS AND FREESE AND NICHOLS,INC.FOR AWIAOF 2016 RISK AND RESILIENCE ASSESSMENT (6/07/2016) Bugs 4 of 23 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS,AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OFNORTH RICFLAND HILLS AND FREESE AND NICHOLS,INC.FOR AVJIA OF 2016 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 5 of 23 delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. I. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. VII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. AGREEMENT FOR ENGINEERINGSERVICES 6 EN THE CITY OF NORTH PJC DRILLS ANDFREESE AND NICHOLS,INC.FOR AWIA OF 2016 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 6 of 23 VIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be provided by the City Exhibit "F" Compensation Exhibit "G" Form 1295 XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Freese and Nichols, Inc. Attn: Trey Shanks, [AM, PACP 2711 N Haskell Ave, Suite 3300 Dallas, Texas 75204 If to CITY: City of North Richland Hills Attn: Caroline Waggoner Public Works & Engineering Department 4301 City Point Drive North Richland Hills, Texas 76180 AGREEMENT FOR ENGINEERINGSERVICES B EN THE CITY OF NORTH RIC DRILLS ANDFREESE AND NICHOLS,INC.FOR AWIA OF 2016 RISK AND RESILIENCE ASSESSMENT (6/07/2016) Fags 7 of 23 With Copies to the City Manager and City Attorney at the same address. D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible forthe negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including but not limited to personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RIC ®FALLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6/07/2016) Bags 8 of 23 This Agreement is executed in two ( ) counterparts. IN TESTIMONYF, the parties hereto haveexecuted this Agreement this the day f f2020. CITY OF NORTH RICHLANDILL I , INC. (CITY) (ENGINEER) By: BY• l=.-1 Mark Hindman, City Manager FIRM REPR NTATIVE Date: Date: t mm �� - , g� ATTEST: ATTEST: m Alicia Richardson, City Secretary Notary Public in and forth S o Texas APPROVEDTO FORM AND LEGALITY: •I Maleshia B. McGinnis, City AttorneyType or Print Not 's Name y Commission Expires: 9. CITY SEAL CORPORATESEAL AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NOR-n-I FUCHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWWIAOF 2018 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 9 of 23 EXHIBIT A PROJECT SCHEDULE FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT The Scope of Services for this PROJECT is based on the following schedule: Task Task Name Timellne RRA Project Kickoff Meeting, Data 1 week from NTP Collection and Review 2 Asset-Threat Pairing Workshop 3 weeks from NTP Cybersecurity Evaluation Workshop 4 weeks from NTP 3 Cybersecurity Evaluation Memo 6 weeks from NTP 4 Risk and Resilience Analysis Workshop 9 weeks from NTP Risk and Resilience Analysis Risk- 11 weeks from NTP Prioritized List of Critical Assets 5 Risk and Resilience Management 13 weeks from NTP Briefing and Draft Report 6 Final iicatin RRA Report and Certfo of By December 31, 2020 Compliance AGREEMENT FORE INEE NG SERVICES BETWEEN THE CITY OFNORTH PJCHLANph ILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 10 of 23 EXHIBIT BASICI ISERVICES FOR AWIA OF 2018 RISKRESILIENCE T INTRODUCTION America's Water Infrastructure Act (AWIA) of 2018, Section 2013, requires that all community water systems serving populations greater than 3,300 persons will assess the risks to and resilience of its system and then prepare or revise the utility's emergency response plan. Following is a scope of services to conduct a Risk and Resilience Assessment for the City's water utility system for compliance with the requirements of AWIA Section 2013. RISK AND RESILIENCE ASSESSMENT (RRA)OVERVIEW The AWIA requires the Risk and Resilience Assessment (RRA)to evaluate: • the risk to the system from malevolent acts and natural hazards; • the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment storage and distribution facilities; • the resilience of electronic computer, or other automated systems which are utilized by the water system; • the monitoring practices of the system; • the financial infrastructure of the system; • the use, storage, or handling of various chemicals by the system; and • the operation and maintenance of the system. The detailed RRA will be conducted following the Risk Analysis and Management for Critical Asset Protection (RAMCAP®) standard detailed in the J100 (Risk and Resilience of Drinking Water Systems) guidance developed jointly by the AWWA, ASME, and ANSI. The seven-step process outlined in the J100 standard provides the framework for the scope of work. The steps are as follows: 1. Asset characterization 2. Threat characterization 3. Consequence analysis AGREEMENT FOR ENGINEERING SE ICES BETWEEN THE CITY OFNCRTiRIC DHILLS ANDFREESE AND NICHOLS,INC.FOR AW A OF 2018 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 11 of 23 4. Vulnerability analysis 5. Threat analysis 6. Risk/resilience analysis 7. Risk/resilience management The RRA will include an implementation plan for capital and operational needs for risk and resilience management of the system. The assessment will be finalized and then certified by the City of North Richland Hills [City] to the Administrator of the Environmental Protection Agency (EPA) by December 31, 2020„ in the case of systems serving a population of 50,000 or more but less than 100,000. Within six months of completion and certification of the RRA, America's Water Infrastructure Act of 2018, Section 2013 also requires a letter of certification to EPA that the Emergency Response Plan (ERP) for a utility is developed or updated. The ERP can be developed based on existing emergency plans but is required to include response protocols for any type of emergency or event identified as a threat during the RRA. The ERP update is included under a separate task authorization. The ERP development/update will be addressed after the RRA is performed and will follow the protocols of AWWA's M 19 (Emergency Planning for Water and Wastewater Utilities, Fifth Edition) guidance. To comply with the requirements of the AWIA of 2018, Section 2013, and to improve the resilience of the City's systems, the City has retained Freese and Nichols, Inc. (FNI) to provide engineering services in support of the development of this RRA. To support the scope of services, FNI has available partnerships with cybersecurity firms to assist with the cybersecurity evaluation if so desired. RRA SCOPE OF SERVICES The RRA includes three workshops with the RRA team and one final briefing. An optional Council briefing is available as a Special Service. An RRA report will be developed and provided. Due to the sensitive nature of the content, the RRA report is recommended to be protected from public access within applicable law. The RRA will be performed for the water utility. Electronic document transfer for this project will be provided to the City through a secure file-sharing platform. Confidential documents will not be emailed. Hard copies of the RRA report will be hand-delivered. Task I — Project Kickoff Meeting, Data Collection and Review FNI will conduct a kickoff meeting with City staff to introduce the FNI project team, review the scope of services and project schedule, and identify communication AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OFNOR7H PJCHLANDHiLLs AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6/07/2016) Page 12 of 23 approaches. The kickoff meeting will also include a discussion of the background/history related to vulnerability and resiliency for the City. During the kickoff meeting, FNI will meet with the City to determine the RRA team participants, needs and schedule. The following items will be discussed during the meeting: • Project goals • Project schedule • Data collection for review by FNI • Communication and information flow forthe project • Additional entities to coordinate with in the development of the project The City will provide the following documents, if available, to FNI for review: • Previous vulnerability and risk assessments • System diagrams • Existing security plans and procedures • Business continuity plans / Continuity of operations plans • SCADA system information • Source water protection plans • Interlocal agreements with neighboring utilities • Local natural hazard mitigation plan(s) • Emergency response plans • Other documents that may be related to the vulnerability and resilience of the water system. Deliverable: • FNI will provide meeting minutes within seven (7) days to summarize major discussion items, decisions, and action items. Task 2 — Identification of Critical Assets and Threats (and Workshop 1) FNI will review the data collected for the City's water system to identify a preliminary list of assets. A database of the assets will be created for future evaluation through the project. FNI will conduct a preliminary evaluation of identified threats based on available published information from the U.S. EPA, FEMA, USGS, DHS and other relevant AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RIG HILLS AND FREESE AND NICHOLS,INC.FOR AVVIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 13 of 23 agencies. Threats to be evaluated include direct hazards to the water system from malevolent man-made sources and natural events, as well as tangential hazards from impacts to system dependencies or unaffiliated but near-proximity infrastructure. FNI will conduct one workshop (Asset-Threat Workshop) with the RRA team to develop a prioritized list of asset-threat pairs to conduct a further risk and resilience evaluation. In the workshop, FNI will lead the RRA team through a review of the assets and an initial screening of consequences of failure to develop a list of critical assets. FNI will then lead the RRA team through an evaluation of malevolent, natural, and dependency hazards to identify those of most relevance to the water system. Finally, FNI will facilitate the RRA team through a review of asset-threat pairs to prioritize the pairs to focus the risk and resilience evaluation. The RRA will include a limited review of the operation and maintenance of the water system. FNI will discuss the status of an asset management program and approaches that could be undertaken to improve the City's resilience. The results of the assessment will be included in the RRA Report. Up to 20 asset-threat pairs to be evaluated for the water system. Additional asset-threat pairs will be conducted upon request of the City as an Additional Service. Deliverable • FNI will provide meeting minutes within seven (7) days to summarize major discussion items, decisions, and action items. Task 3 —Cybersecurity Evaluation (and Workshop 2) Utilizing a cybersecurity framework guide following AWWA's cybersecurity protocols, FNI will meet with staff identified during the Kickoff Meeting with knowledge of the City SCADA system, software and hardware technology, and information security protocols and procedures. The workshop will focus on evaluation of the implementation of the "Priority 1" protocols identified in the AWWA Water Sector Cybersecurity Risk Management Guidance (2019). FNI will compile the information collected in the Cybersecurity Workshop to identify gaps in security, threats to the water system and recommendations for improvements in conjunction with the information developed in Task 113. Deliverable: ® FNI will provide meeting minutes from the Cybersecurity Workshop within 7 days of the meeting to summarize major discussion items, decisions, and action items. AGREEMENT FORE INEERINGSE CES BETWEEN THE CITY OF NORTH RICHLANDH ILLS AND FREESE AND NICHOLS,INC,FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6/07/2016) Page 14 of 23 • FNI will provide a summary memo detailing the results of the cybersecurity evaluation. This memo will also be included in the final RRA report. Task 4 — Risk and Resilience Analysis (and Workshop 3) For each of the prioritized asset-threat pairs, FNI will conduct an initial evaluation to estimate the probability of occurrence of the threat (T),the vulnerability (V)of the assets to failure from the threat, and the consequence (C) of asset failure. FNI will initially input existing measures in place that serve to increase the resilience of the critical assets by mitigation of one or more of the risk factors. The risk to each asset is calculated as: Risk= Consequence * Vulnerability * Threat FNI will facilitate a final Workshop with the RRA team to present, evaluate and adjust the calculated risk for each asset-threat pair assessed based on team feedback. Through the workshop, a risk value for each asset-threat pair will be developed to allow for prioritization of assets for improvements. During the workshop, an initial identification of additional mitigation measures to further reduce risk and improve resilience will be identified. Mitigation measures may include policy and procedure improvements, physical security upgrades, structural improvements, staffing adjustments, and other actions. Deliverable • FNI will provide meeting minutes from the Risk and Resilience Analysis Workshop within seven days of the meeting to summarize major discussion items, decisions, and action items. • FNI will provide the list of critical assets ranked by risk to the City for review and approval. Task 5 - Risk and Resilience Management FNI will evaluate the additional mitigation measures identified in the Risk and Resilience Analysis Workshop, and as appropriate, identify supplemental mitigation measures for consideration. The mitigation measures will be analyzed for risk reduction and resilience improvement, and rough approximation conceptual cost to the City. FNI will develop a prioritized list of mitigation measures based on benefit-cost ratio. FNI will document the RRA and the prioritized mitigation measures for implementation in a draft RRA report. FNI will meet with the City to provide a final briefing on the RRA, present the results of the assessment, and deliver the draft report. Deliverable: • FNI will provide meeting minutes within seven days of the meeting to summarize AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RCHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6/07/2016) Page 15 of 23 major discussion items, decisions, and action items. 0 FNI will deliver the draft RRA report to the City in electronic PDF format for review and comment. Upon request, five (5) hard copies of the draft report will be provided. Task 6 — Final RRA Report and Certification of Compliance Upon receipt of final comments on the draft RRA report, FNI will finalize the RRA report. FNI will assist the City to complete and submit the certification of the Risk and Resilience Assessment through the online EPA portal. A copy of the certification will be maintained in the final RRA report. Deliverable: FNI will deliver one electronic PDF copy of the final RRA report. Upon request, FN I will provide up to five (5) hard copies of the final RRA report. RRA DELIVERABLES Task Description 1 Kickoff meeting minutes 2 Asset-Threat Pairing Workshop minutes Summary memo of asset-threat pair documentation 3 Cybersecurity Evaluation Workshop minutes Summary memo of cybersecurity analysis determinations 4 Risk and Resilience Analysis Workshop minutes Summary memo of risk and resilience analysis determinations 5 Risk and Resilience Management meeting minutes Draft RRA report 6 Final RRA Report with Compliance Certification AGREEMENT FORE INEERING SERVICES BETWEEN THE CITY OF NORTH RICHLANDH ILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6/0712016) Page 16 of 23 SPECIAL ENGINEERING SERVICES FOR AWIA OF 2018 RISK AND EXHIBIT C No SPECIAL Engineering ises are included as part of this scope of work. AGREEMENT FOR ENGINEERINGSERVICESB EN THE CITY OFNQRTHFDIC DPULLS ANDFREESE AND NICI-IOLS,INC.FOR AWIAOF 2016 RISK AND RESILIENCE ASSESSMENT (6/07/2016) Page 17 of 23 EXHIBIT ADDITIONAL ENGINEERING SERVICES FOR AWIA OF 2018 RISKRESILIENCE ASSESSMENT ADDITIONAL SERVICES: The following services are additional and shall not be included in the Scope of Services unless specifically approved by the CITY. FNI shall inform the CITY when a particular service falls into the "Additional Services" category. Compensation for Additional Services shall be on an hourly basis. 1. Public Outreach or additional meetings. 2. Staff training exercises. 3. Appearances before regulatory agencies other than the CITY. 4. Assistance to the CITY as an expert witness in any litigation with third parties arising from the development of the Project. 5. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. 6. Assisting CITY in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). 7. Visits to the project areas or City facilities in excess of the number of trips, coordination meetings or contract completion activities as defined in Basic and Special Services. 8. Providing environmental investigations coordination with environmental resource agencies, jurisdictional determinations, and state or federal permitting. 9. Providing basic or additional services on an accelerated time schedule. The scope of this service does not include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the CITY. 10.Additional copies of reports. 11.Preparation of applications and supporting documents for government grants, loans, or planning advances for public works projects. 12.Acquisition of individual federal or state permits that may be required. 13.Preparation of environmental statements. AGREEMENT FOR ENGINEERING ING SERVICES BETWEEN THE CITY OF NORTH RICHLANDH ILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 RISK AND RESILIENCE ASSESSMENT (6107/2016) Fagg 18 of 23 EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: 1. Provide any existing data the CITY has on file concerning the PROJECT, if available. 2. Provide staff with relevant knowledge for workshops in the services identified in Exhibit B for risk assessments and emergency response plan development. 3. Provide any available prior water system risk assessment reports or studies, and emergency planning documents. 4. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RCHLANDHILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 19 of 23 EXHIBIT F COMPENSATION FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the execution of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. 1. Compensation for the Basic Engineering Services shall be completed for a not- to-exceed fee of $66,370. 2. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: 3. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: Hourly Rat Position M—In Max Profes:lonal 1 81 146 Professional 2 95 154 Professional 3 115 220 Professional 4 151 237 Professional 5 188 350 Professional 6 158 391 Construction Manager 1 93 173 Construction Manager 2 109 185 Construction Manager 3 152 217 Construction Manager 4 206 281 CAD Techniciart(Designer 1 67 147 CAD Tec:Wcarffiesigner 2 98 152 CAD Techni6ardDesigner 3 131 201 Corporate Project Support 1 50 122 Corporate Project Support 2 71 168 Corporate Project Support 3 98 259 Intern I Coop 42 84 Rates for In-House Services Technology Charge Bulk Printing and Reproduction $B 50 per hour MA Color Travel Large Format(per copy) $0.10 $025 Large Format(per sq.ft.) Standard IRS Rates Bond $0.25 $075 Glossy/Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting (per sq.ft.) $2.00 Binding (per binding) $0.25 For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.1. AGREEMENT FORE INEERING SERVICES BETWEENTHE CITY OF NORTH PJCHLAND HILLS AND FREESE AND NICHOLS,INC,FOR AWIA OF 201B RISK AND RESILIENCE ASSESSMENT (6/07/2016) Page 20 of 23 Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. III. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). Ill. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT (6/07/2016) Page 21 of 23 Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a for approved by the CITY prior to submission oft first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice for but reserves the right to audit. Monthly payment oft fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services"). Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 RISK AND RESUENCE ASSESSMENT (6107/2016) Page 22 of 23 [FormEXHIBIT G FORM 1295 FOR AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT 1295 is submittedfollowing AGREEMENT FOR ENGINEERING SERVICES R EN THE CITY OF NORTH RIC DFALLS ANDFREESE AND NICHOLS,INC.FOR AWIAOF 2018 RISK AND RESILIENCE ASSESSMENT (6107/2016) Page 23 of 23 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE )NLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-668309 Freese and Nichols, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is09/16/2020 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. Contract AMERICA'S WATER INFRASTRUCTURE ACT(AWIA)OF 2018 RISK AND RESILIENCE ASSESSMENT PROJECT 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) C ontr-- T- olling Intermediary Milrany, Cindy Fort Worth,TX United States X Nichols, Mike Fort Worth,TX United States X Taylor,Jeff Houston,TX United States X Wolfhope,John Austin,TX United States X Pence, Bob Fort Worth,TX United States X Cole, Scott Fort Worth,TX United States X Coltharp, Brian Fort Worth,TX United States X Greer,Alan Fort Worth,TX United States X Johnson, Kevin Dallas,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Stephanie Stephenson and my date of birth is _ My address is 4055 International Plaza, Suite 200 Fort or TX 76109 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Teas -----,on the--16_day of Spt 20_2_0 (month) (year) Signature of autWorized agent of contrAking business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d FREEAND - _...KGODWIN..... DATE(MMroD CERTIFICATE OF LIABILITY INSURANCE.. _.... /1 /2 020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LY AND CONFERS NO RIGHTSUPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENDLT THE COVERAGE AFFORDED BY THE POLICIES L . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU ( ),AUTHORIZED REPRESENTATIVE OR PO E ,AND THE CERTIFICATE HOLDER. IMPORT If SUBROGATION At 1 certificate subject to the terms and INSURED, of a policy)certain policies euiirre an endorsement. A a endorsed. the olio I g policy,cea° statement on „ rsement(s). holder In lieu of such end this certificate Des not confer rights to the certificate........ ...... .... .... .... . .... .... .... .... .... PRODUCER CONTACT ,Ames&Gou h PHONE 8300 Greens oro Drive (Nq No,": :i i 7- 7 a N®i,(7 )827-2279 Suite 980 E-MAIL AlriPR is q a in s oU .com McLean, 12 - _INSuRER(s)AFFOR®ING COVE GE NAIL# .... INSURER A:Hartford Underwriters Insurance Company +( )30104 INSURED INSURER„B:Twin City Fire Insurance 99TRAny At QW 2 4 _ Freese and Nichols,Inc. INSURER C:Hartford Casualty Insurance COMP49Y At( ( 5 International Plaza,Suite 2011 INSURER D:Trumbull Insurance C!qrnpany At(XV1 27120 Fort Worth,T 71 INSURER E Continental Comp;my. ny(C r) _.. .... INSURER F - II TE _ .... I I ..... _ _ _ . COVERAGES...._... _. C U _ . _ _ ..... ..N NUMBER: THIS IS TO CERTIFY THAT THE 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. ILza TYPE INSURANCE ADDL sUBR POLICY NUMBER POLICY EFF POLICY ExP mm., V�TI� }( COMMERCIAL OF INSU � (,pJ(UIIIfI� I" "I`I�iII�FI�IµII� YTL1 EACH OCCURRENCE m GENERAL LIABILITY lINVL YV .. _ LIMITS 1' ' 000 CLAIMS-MADE OCCUR DAMAGE To RENTED AL ......._..( I2 10/ / 01 1 / / 0 _.... _.... MEP EXP„(Any one gTrsoni $ 10,000 000000 .... — - PERSONAL,BADVINJURY l 1® ® GE `L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE „, , II U PRO- POLICY LOC PRODUCTS-COMP/OP AGG 2,000,000 OTHER: AUTOMOBILEANY AUTO LIABILITY 1 10/ 3/ 1 1 / 3/ 020 COMBINED1 SINGLE LIMIT 1,000,000 BoDILYwJURYPerLarsonym OWNED i SCHEDULED AUTOS ONLY AUTOS BODILY INJURY JPer accident( $ HIRED NOW PROPERTY IlDAMAGE AUTOS ONLY _,,,,, AUTOS ONLY Per accident X UMBRELLA AB X _ ....... EACH OCCU RRENCE 10,000,000 EXCESS AB CLAIM E 11 7 10/ / 01 1 1 3/2 _AGGREGATE 10,000,000 - _ 1... DED PERETENTION$ ' 0 AND E PL I COMPENSATION _. .... _...L. _ _ ... LIABIL Y/N ... .... .... � PER �_,®�H AN000Y ExRTNERD7 I N iA 4 2 1 1 / /201 E.L EACH AccIbENT ( 1, , ANY PROPRIEMPLOETowPARTILITY cunvE f" 1 1 / (Mandatory In NH)and E L P!sEASE-EA EMPLOYED.m1_ 1,000,000 If yes,describe OF under E rloNs below L DISEASE POI OCY LIMIT ,uG 000,000 Professional Lla 1 1 d/ 3/ 1 1 / / 020 Per Claim _...., _ L.. _ _ _ .... _...... _... .... DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) PROFESSIONAL LIABILITY AGGREGATE LIMIT:$10,000,000 RE:AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT AND EMERGENCY RESPONSE PLAN PROJECT 30-day Notice of Cancellation will be issued for the General Liability,Auto Liability,Umbrella Liability and Workers Compensation policies in accordance with policy terms and conditions. CERTIFICATE HOLDER ..... _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of North Richland Hills,Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Public Works 8:Engineering Department 4301 City Point Drive North Richland Hills,TX 76180 AUTHORIZED REPRESENTATIVE COD 25 2016/03 ( ) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE )NLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-668309 Freese and Nichols, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is09/16/2020 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. Contract AMERICA'S WATER INFRASTRUCTURE ACT(AWIA)OF 2018 RISK AND RESILIENCE ASSESSMENT PROJECT 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) C ontr-- T- olling Intermediary Milrany, Cindy Fort Worth,TX United States X Nichols, Mike Fort Worth,TX United States X Taylor,Jeff Houston,TX United States X Wolfhope,John Austin,TX United States X Pence, Bob Fort Worth,TX United States X Cole, Scott Fort Worth,TX United States X Coltharp, Brian Fort Worth,TX United States X Greer,Alan Fort Worth,TX United States X Johnson, Kevin Dallas,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Stephanie Stephenson and my date of birth is _ My address is 4055 International Plaza, Suite 200 Fort or TX 76109 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Teas -----,on the--16_day of Spt 20_2_0 (month) (year) Signature of autWorized agent of contrAking business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 SUBJECT: Consider a professional services agreement for engineering services with Freese and Nichols, Inc. in an amount not to exceed $56,930 for the Risk and Resilience Assessment Project (UT2006). PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: Council is being asked to consider a professional services agreement with Freese and Nichols, Inc. for engineering services for preparation of the Emergency Response Plan as required to comply with America's Water Infrastructure Act of 2018. GENERAL DESCRIPTION: On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law. AWIA Section 2013 requires community (drinking) water systems serving more than 3,300 people to develop or update risk assessments and emergency response plans. The law specifies the components that the Risk and Resiliency Assessments (RRA) and Emergency Response Plans (ERP) must address, and establishes deadlines by which water systems must certify completion to the EPA. For North Richland Hills and other communities with populations served between 50,000 and 99,999 people, the deadlines are December 31, 2020 and June 30, 2021, respectively. The intent of the requirement is to ensure that drinking water utilities are prepared to protect and maintain this vital infrastructure by evaluating the vulnerabilities, threats, and consequences from potential hazards, including: • Natural hazards and malevolent acts (including cybersecurity) • Resilience of water facility infrastructure • Monitoring practices • Chemical storage and handling • Operation and maintenance After completion of the Risk and Resiliency Assessment, utilities must develop an Emergency Response Plan. Once complete, both documents must be updated every five years. This contract is for the ERP portion of the requirement only, with a separate contract to be considered for the RRA. Both contracts with Freese & Nichols are structured with a "not to exceed" fee, allowing for savings to be realized with increased involvement by City IrLp NOKTH KICHLAN HILLS staff during the assessment and plan development. Sufficient funding for both items are included in the FY 2019/2020 Adopted Budget. RECOMMENDATION: Approve a professional services agreement with Freese and Nichols, Inc. in an amount not to exceed $56,930 for development of an Emergency Response Plan as part of the Utility Risk and Resilience Project (UT2006). AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS, INC. I. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY"), and FREESE AND NICHOLS, INC., a Texas corporation, acting by and through TREY SHANKS; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the AMERICA'S WATER INFRASTRUCTURE ACT (AWIA) OF 2018 EMERGENCY RESPONSE PLAN PROJECT. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the AWIA OF 2018 EMERGENCY RESPONSE PLAN PROJECT in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE PLAN (6107/2016) Pagel of 22 IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES Additional Engineering Services are defined in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. No Additional Engineering Services are authorized unless authorization for specified additional services are provided to ENGINEER by CITY in writing and approved by CITY. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. Vill. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments including without limitation reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above for the not-to- exceed fee of Fifty Six Thousand Nine Hundred Thirty Dollars ($56,930). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE PLAN (6/07/2016) Page 2 of 22 D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER AND ITS SUBCONSULTANTS SHALL INDEMNIFY AND HOLD CITY AND ALL OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSES, ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF ENGINEER OR ITS SUBCONSULTANTS, AND ALL OTHER PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR, OR OMISSION IN THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF EVALUATIONS, REPORTS, SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH; ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM ON ACCOUNT OF THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS OR OMISSIONS, AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAYBE INCURRED BY OR RENDERED AGAINST CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM, IN CONNECTION WITH THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS, OR OMISSIONS; PROVIDED AND EXCEPT HOWEVER, THAT THIS INDEMNIFICATION PROVISION SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS CAUSED BY DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO ENGINEER BY CITY, OR AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE PLAN (6/07/201 ) Page 3 of 22 ANY SIGNIFICANT DEVIATION IN CONSTRUCTIONFROM ENGINEER'SDESIGNS, WORKING I SPECIFICATIONS T ENGINEERING T . Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. XLINSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6107/2016) Page;4 of 22 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND FALLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6/07/2016) Page 5 of 22 delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. VI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. VII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICH ND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE FLAN (6/07/2016) Page 6 of 22 VIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be provided by the City Exhibit "F" Compensation Exhibit "G" Form 1295 I . MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Freese and Nichols, Inc. Attn: Trey Shanks, IAM, PACP 2711 N Haskell Ave, Suite 3300 Dallas, Texas 75204 If to CITY: City of North Richland Hills Attn: Caroline Waggoner Public Works & Engineering Department 4301 City Point Drive North Richland Hills, Texas 76180 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND FALLS AND FREESE AND NICHOLS,INC.FOR AwIA OF 2016 EMERGENCY RESPONSE PLAN (6107/2016) Page 7 of 22 With Copies to the City Manager and City Attorney at the same address. D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the la w' s of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Disclosure., By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including but not limited to personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICH NC HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6107/2016) Page 9 of 22 This Agreementis executed in two ( ) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement day f , 2020. CITY OF NORTH RICHLAND HILLSI , INC. (CITY) (ENGINEER) y By: rHindman, Y it r FIRM R PR NTATIV 9 W�t - .. ATTEST: , Alicia Richardson, City Secretary Notary ublic in and forth State of Texas APPROVED TO FORM AND LEGALITY: t 611'6', Maleshia B. McGinnis, City Attorney Type or Print Notary's fiame y Commission Expires: CITY SEAL CORPORATE SEAL AGREEMENT FOR ENGINEERING SERVICES BETWEEN T&-IE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIAOF 2018 EMERGENCY RESPONSE PLAN (610712016) Page 9 of 22 EXHIBIT A PROJECT SCHEDULE FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN The Scope of Services for this PROJECT is based on the following schedule: Task Task Name Timeline ---------- ERP Project Kickoff Meeting, Data 1 Collection and Review 2 weeks from NTP Review of Existing Plans and 2 Preparation of Initial ERP Outline (and 6 weeks from NTP Initial Workshop) 3 Emergency Response Plan Preparation Workshops 16 weeks from NTP 4 Draft Emergency Response Plan 18 weeks from NTP rom Final ERP and Certification of 22 weeks f NTP 5 Compliance (within 6 months of Risk and Resilience Assessment AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6/0712016) Page 10 of 22 EXHIBIT B BASIC ENGINEERING SERVICES FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN INTRODUCTION America's Water Infrastructure Act (AWIA) of 2018, Section 2013, requires that all community water systems serving populations greater than 3,300 persons will assess the risks to and resilience of its system and then prepare or revise the utility's emergency response plan. Following is a scope of services to develop or update an Emergency Response Plan for the City's water utility system for compliance with the requirements of AWIA Section 2013. EMERGENCY RESPONSE PLAN OVERVIEW The AWIA requires the Emergency Response Plan to include: • Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system • Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the utility to deliver safe drinking water • Actions, procedures, and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply or drinking water provided to communities and individuals, including the development of alternative water source options, relocation of water intakes, and construction of flood protection barriers • Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system • Coordination with the Local Emergency Planning Committee (LEPC) • Record documentation of the Emergency Response Plan for five (5) years upon certification The detailed ERP will be conducted generally following the protocols detailed in the M19 (Emergency Planning for Water and Wastewater Utilities) guidance developed by the AWWA. The ERP will be finalized and then certified by the City to the Administrator of the Environmental Protection Agency (EPA) by within six (6) months of certification of the City's Risk and Resilience Assessment (generally by June 30, 2021) to comply AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND FALLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (610712016) Paya 11 cif 22 with the deadline requirements for systems serving a population of 50,000 or more but less than 100,000. To comply with the requirements of the AWIA of 2018, Section 2013, and to improve the resilience of the City's systems, the City has retained Freese and Nichols, Inc. (FNI) to provide engineering services in support of the preparation of this ERP. ERP SCOPE OF VICE The ERP includes three workshops with the City's designated ERP team and one final briefing. An optional Council briefing is available as a Special Service. An ERP compliant with the requirements of AWIA of 2018 will be provided. Due to the sensitive nature of the content, the ERP report is recommended to be protected from public access within applicable law. The ERP will include documentation applicable to the water utility. Electronic document transfer for this project will be provided to the City through a secure file-sharing platform. Confidential documents will not be emailed. Hard copies of the ERP will be hand-delivered. Task 1 — Project Kickoff Coordination Meeting, DataCollection and Review FNI will conduct a kickoff meeting with the City staff to introduce the FNI project team, review the scope of services and project schedule, and identify communication approaches. The kickoff meeting will also include a discussion of the background/history related to emergency response planning for City. During the meeting, FNI will meet with the City to determine the ERP team participants, needs and project schedule. The team members should be experts in one or more of the following areas or have a role in the execution of the ERP: • Utility management • Emergency management • Water treatment and operations • SCADA operations • Human resources management • Procurement • Other representatives include members of local police, fire and the local emergency planning committee The following items will be discussed during the meeting: AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE PLAN (6107/2016) Fags 12 of 22 • Project goals • Project schedule • Data collection for review by FNI • Communication and information flow for the project • Additional entities to coordinate with in the preparation of the ERP • Results of the Risk and Resilience Assessment The City will provide the following documents, if available, to FNI for review: • Existing emergency response plans for the utility or the overall organization • Emergency preparedness plans • Safety and security procedures • Hazard mitigation plans • System recovery plans • System diagrams • Business continuity plans / Continuity of operations plans • Source water protection plans • Interlocal agreements with neighboring utilities • Local natural hazard mitigation plan(s) • Crisis communications plan • Other documents that may be related to the preparedness of the water system. Deliverable: FNI will provide meeting minutes within seven (7) days to summarize major discussion items, decisions, and action items. Task 2 — Review of Existing Plans and Preparation of Initial ERP Outline (and InitialWorkshop) FNI will review the data collected for the City's water system to identify gaps and necessary information for an up-to-date ERP. FNI will prepare an initial inventory of available information to review/update and gaps in information where development by the ERP team will be required. The ERP will be developed generally according the outline identified in the AWWA M19 guidance document. FNI will coordinate with the City to utilize the City's existing ERP format as practicable. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE PLAN (6107/2016) Page 13 of 22 FNI will conduct an initial workshop (ERP Preparation Workshop) with the ERP team. In this workshop, FNI will provide an overview of the proposed ERP contents and approach and the current status of information to fulfill these needs. A schedule of up to three (3) total ERP workshops will be established. Additional personnel necessary for the proper preparation of the ERP will be identified for inclusion in one or more of the future workshops. Deliverable • ERP data gap analysis • FNI will provide meeting minutes within seven days of the meeting to summarize major discussion items, decisions, and action items. Task 3 — Emergency Response Plan Preparation Workshops Through a series of up to three (3)workshops, FNI will facilitate the ERP team to identify the components of the ERP. The critical components of an ERP include the following: 1. System overview 2. Incident management overview 3. Roles and responsibilities, based on NIMS and ICS 4. Internal and external contact information 5. General emergency response guidance 6. Communications plan 7. Record-keeping Hazard-specific plans addressing relevant threats identified in the Risk and Resilience Assessment will be developed through the workshops. FNI will provide initial content for the hazard-specific plans based on the City's existing ERP and/or industry-standard guidance. Deliverable • FNI will provide meeting minutes within seven (7) days to summarize major discussion items, decisions, and action items. • Draft components of ERP content building on the output of each workshop Task 4 — Draft Emergency Response Plan FNI will compile the information collected and developed in the series of workshops to prepare a draft ERP. FNI will meet with the City to present a briefing on the draft ERP, provide implementation recommendations, and solicit comments on the plan. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6107/2016) Page 14 ®f 22 Deliverable: • FNI will deliver the draft ERP to the City in electronic PDF format through secure file transfer protocols for review and comment. Upon request, five (5) hard copies of the draft ERP will be provided. • FNI will provide meeting minutes within seven days of the meeting to summarize major discussion items, decisions, and action items. Task 5 — Final ERP and Certification of Compliance Upon receipt of final comments on the draft ERP, FNI will finalize the ERP. FNI will assist the City to complete and submit the certification of the Emergency Response Plan through the online EPA portal. A copy of the certification will be maintained in the City's ERP. Deliverable: 0 FNI will deliver one electronic PDF and five (5) hard copies of the final ERP. ERP DELIVERABLES Task Description 1 Kickoff meeting minutes 2 ERP data gap analysis Workshop minutes 3 Draft ERP sections (2) Workshop minutes (2) 4 Draft Emergency Response Plan Meeting minutes 5 Final ERP with Compliance Certification AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6/07/2016) Page 15 of 22 EXHIBIT SPECIALI SPECIALFOR AWIA OF 2018 EMERGENCY RESPONSE PLAN No i ring Services areincluded oft is scope of work. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE PLAN (6/07/2016) Pugs 16 of 22 EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN ADDITIONAL SERVICES: The following services are additional and shall not be included in the Scope of Services unless specifically approved by the CITY. FNI shall inform the CITY when a particular service falls into the "Additional Services" category. Compensation for Additional Services shall be on an hourly basis. 1. Public Outreach or additional meetings. 2. Staff training exercises. 3. Appearances before regulatory agencies other than the CITY. 4. Assistance to the CITY as an expert witness in any litigation with third parties arising from the development of the Project. 5. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. 6. Assisting CITY in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). 7. Visits to the project areas or City facilities in excess of the number of trips, coordination meetings or contract completion activities as defined in Basic and Special Services. 8. Providing environmental investigations coordination with environmental resource agencies, jurisdictional determinations, and state or federal permitting. 9. Providing basic or additional services on an accelerated time schedule. The scope of this service does not include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the CITY. 10.Additional copies of reports. 11.Preparation of applications and supporting documents for government grants, loans, or planning advances for public works projects. 12.Acquisition of individual federal or state permits that may be required. 13.Preparation of environmental statements. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE PLAN (6107/2016) Page 17 of 22 EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: 1. Provide any existing data the CITY has on file concerning the PROJECT, if available. 2. Provide staff with relevant knowledge for workshops in the services identified in Exhibit B for risk assessments and emergency response plan development. 3. Provide any available prior water system risk assessment reports or studies, and emergency planning documents. 4. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6107/2016) Page 16 of 22 EXHIBIT F COMPENSATION FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the execution of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. 1. Compensation for the Basic Engineering Services shall be completed for a not- to-exceed fee of$56,930. 2. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: 3. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: Hourly Rate Pgallign MjBn MAK Profes iona:1 81 146 Professional 2 95 154 Professional 3 115 220 Professional 4 151 237 Professions 5 188 350 Professional 6 158 391 Construction Manager 1 93 173 Construction Manager 2 109 185 Construction Manager 3 152 217 Construction Manager 4 206 281 CAD Technician/Designer 1 67 147 CAD Technician/Designer 2 98 152 CAD Technician/Designer 3 131 201 Corporate Project Support 1 50 122 Corporate Project Support 2 71 168 Corporate Project Support 3 98 259 Intern/Coop 42 84 Rates for In-House So-ices Technology Charge Bulk Printing and Reproduction $8.50 per hour DIE Small Format(per copy) $0.10 $0.25 Travel Large Format(per sq.ft.) Standard IRS Rates Bond $0.25 $0.75 Glossy/Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting(per sq.ft.) $2.00 Binding(per binding) $0.25 For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.1. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (610712016) Page 19 of 22 Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. 111. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). 111111. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HUS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6107/2016) Page 20 of 22 Monthly invoices will be issued by the ENGINEER for all or performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission oft first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice for but reserves the right to audit. Monthly payment of the fee will be in proportion tot percent completion oft total work (as indicated in Exhibit B: "Basic Engineering Services"). Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2018 EMERGENCY RESPONSE PLAN (6107/2016) Page 21 of 22 FORM 1295 FOR EXHIBIT G [Form1295 is submitted s the following AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND FALLS AND FREESE AND NICHOLS,INC.FOR AWIA OF 2016 EMERGENCY RESPONSE PLAN (6107/2016) Page 22 of 22 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll 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 I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-668313 Freese and Nichols, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a a to the contract for which the form is 09/16/2020 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. Contract AMERICA'S WATER INFRASTRUCTURE ACT(AWIA)OF 2018 EMERGENCY RESPONSE PLAN PROJECT 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Pence, Bob Fort Worth,TX United States X Cole, Scott Fort Worth,TX United States X Coltharp, Brian Fort Worth,TX United States X Greer,Alan Fort Worth,TX United States X Johnson, Kevin Dallas,TX United States X Milrany, Cindy Fort Worth,TX United States X Nichols, Mike Fort Worth,TX United States X Taylor,Jeff Houston,TX United States X Wolfhope,John Austin,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Stephanie Stephenson and my date of birth is My address is 4055 International Plaza, Suite 200 Fort Worth TX , 76109 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 16 day of Sept .2o 20 (month) (year) '�—�entity signature�o a�thorized agent 0�con act�mgbusine (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d F -02 KGOP....._.I N A�0 DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 9/14/2020 V �.��._A.��m. �..a...... ,,,,,,,. _ m.. .. ._ _... ..�_. ,, THIS CERTIFICATE IS ISSUED AS A MATTERINFORMATION ONLY AND CONFERS NO RIGHTSTHE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES L . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I ( ),AUTHORIZED REPRESENTATIVE THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on ... certificate holder In lieu of such endorsement(s), Ames&G.. g Is certificate a does no confer rights to,,,t a certi,,,,, ,,,,,,,,,,,. ,,,, ' �, .. . j A1c N®„sit 03 827 77 .......... ...._ .).( . .... PRODUCER CONTACT .. PHONE F ... ... Suit Greensboro Drive 1 I ( ).. l arc Ne. 0 )827-2279 Suite 980 EMAIL admin ames ou h com 'McLean,VA 22102AD®REss 9. g... INSURg!jS AFFORP!NG COVERAGE .,,,,,,, NAIC#. INSURER A Hartford Underwriters Insurance Company A+( )30104 INSURED INSURER a Twin City Fire Insurance Company.A+CXV) , ,29459 Freese and Nichols,Inc, INSURER C:Hartford Casualty Insurance Company A+(XV) 29424 4055 International Plaza,Suite 200 INSURER D:Trumbull Insurance Company A+(XV) 27120 Fort Worth,TX 76109 INSURER a Continental Casualty Company(CNA)A,,XV ¢20443 _...................... , ........, ..... A ,,, .. �INSURERF COVERAGES CERTIFICATE„NUMBER:„ REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEPOLICY PER IOD 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 ADDLIWBRI POLICY EFF I POLICY EXP POLICY NUMBER TYPE CLAIMS-MADE GENERAL X,ABILITY O NSURANLIABIL j EACH OCGIYRRENCE .LIMITS�m .."""1,000,00 _... Iry 2 1 24 10/23/2019 10123/2020 p..,I'RE IS.ES LEEE_t auere?ei 1,000,000 A X COMMERCIAL GENERA OCCUR � DAMAGE TO RENTED 0 �.. MED EXP,16u_one peraon) $ 10,000 PERSONAL&ADV uN4UrzY 1,000,000 1. CaEN°l.AGGREGATE LIMIT APIIP6 APPLIES PER.� � . �. � � GENERAL REONED.L p.c A,.,O-CGORE�nUP Ao_r PEAaD $POLICY jPERor LO; 2,000,000 ........ 2 HER:..........................._ ...__..,. .... ...... .e,. ..... L B AUTOMOBILE LIABILITY EOMO C EsDkBINC,LE LIMUT 1,000,000 X ANY AUTO 42UENN16305 10/2312019 10/231202 0 E3oDILY IN4 RY QPer_dpeoori) OWNED I ..;SCHEDULED - AUTOS ONLY AUTOS � ..,... BODILY INJURY(Par ace:edent)_ $. . .,., ... . HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Par sccodent) �_.. . _ _ �.... . . _ .m 1 .... . _ ... C X�. UMBRELLA LIAB X OCCLIR 10,000,000 AGGREGATEAOH_OCCUE �,,, .. EXCESS LIAR CLAIMS-MADE 42XHUB11257 10/23/2019 10/23/2020 10,000,000 D �WOfKERSCOMPE E7ENrIO _...... _ ......_ .... _ PER.... ,—,._OTH- N$ 10,000; �. 42WBCU2821 1 X _ { .. COMPENSATION ANY PROPRIEEORJPARTNERdEXEwCU'TtVE YRN, J �...� .m.N 0/23/20191 10/23/2020 _ VT i �A ,...,.,. OFFICERIMEMBER EXCLUDED? N I N i A L.E. EACH ACCIDENT T � 1,000,000 (Mandatory In ander ( E.L DISEASE-EA EMPLa')YEE�$ 1,000,000 Ues,describe 1,000,000 E fProfessionalLiab, rlsbao�« _�.....m_ 1AEH008214422mm M 0/23/2019 10/23/2020 Per Claim Pa�.iicr,Llr�IT 5,000,000 _..._.}._... 1...... i .,_............................. , �..a ,,.,w ....,,.,..m ,,, .. ..,.,......„ . ......... ...1,.... .... .... .. L.._.._.. . ..m . .... m.,.�.._.... .„_, ......_..... DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) PROFESSIONAL LIABILITY AGGREGATE LIMIT:$10,000,000 RE:AWIA OF 2018 RISK AND RESILIENCE ASSESSMENT AND EMERGENCY RESPONSE PLAN PROJECT 30-day Notice of Cancellation will be issued for the General Liability,Auto Liability,Umbrella Liability and Workers Compensation policies in accordance with policy terms and conditions. CERTIFICATE HOLDER m CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of North Richland Hills,Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Public Works&Engineering Department 4301 City Point Drive ...................._...._...................._.................................................... ..............................................................._.........................._.................................._.._........................................................................................... North Richland Hills,TX 76180 AUTHORIZED REPRESENTATIVE ... l .....�.. .. ACORD 25(2016/03) �� m,�,m,_ �� ©1988-2015 ACORD CORPORATION.�All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE )NLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-668309 Freese and Nichols, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is09/16/2020 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. Contract AMERICA'S WATER INFRASTRUCTURE ACT(AWIA)OF 2018 RISK AND RESILIENCE ASSESSMENT PROJECT 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) C ontr-- T- olling Intermediary Milrany, Cindy Fort Worth,TX United States X Nichols, Mike Fort Worth,TX United States X Taylor,Jeff Houston,TX United States X Wolfhope,John Austin,TX United States X Pence, Bob Fort Worth,TX United States X Cole, Scott Fort Worth,TX United States X Coltharp, Brian Fort Worth,TX United States X Greer,Alan Fort Worth,TX United States X Johnson, Kevin Dallas,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Stephanie Stephenson and my date of birth is _ My address is 4055 International Plaza, Suite 200 Fort or TX 76109 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Teas -----,on the--16_day of Spt 20_2_0 (month) (year) Signature of autWorized agent of contrAking business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 SUBJECT: Consider Ordinance No. 3667, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2020 Rate Review Mechanism Filing. PRESENTER: Karen Bostic, Assistant City Manager SUMMARY: The purpose of the ordinance is for City Council to consider approval of the settlement agreement and the resulting rate change under the Rate Review Mechanism Tariff. As a result of negotiations, the Executive Committee for the Atmos Cities Steering Committee was able to reduce Atmos Mid-Tex's request. GENERAL DESCRIPTION: In late March 2020, Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") submitted its annual filing under the Rate Review Mechanism ("RRM") Tariff. The Company claimed that its cost-of-service for test year ending December 31, 2019 entitled it to $141.2 million in additional system-wide revenues. Application of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $136.3 million. Following negotiations between Atmos and the ACSC's Executive Committee, the system-wide rate increase was reduced to $111.5 million, with $90 million of the increase allocated to ACSC member cities. The City of North Richland Hills, along with a number of other cities served by Atmos Mid-Tex, is a member of the ACSC. The tariffs attached to the ordinance approve rates that will increase the Company's revenues by $90 million for the Mid-Tex Rate Division, effective for bills rendered on or after December 1, 2020. The monthly residential customer charge will increase from $19.55 per month to $20.25 per month. The consumption charge will be $0.26651 Ccf. The impact to the monthly bill for the typical residential customer will be an increase of $5.15 or 9.9%. The increase for the average commercial customer will be $15.48 or 6.56 percent. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all cities adopt the ordinance with its attachments approving the negotiated rate settlement resolving the 2020 RRM filing, and implementing the rate change. RECOMMENDATION: Approve Ordinance 3667. ORDINANCE NO. 3667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC'), a coalition of similarly-situated cities served by Atmos Mid-Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 31, 2020, Atmos Mid-Tex filed its 2020 RRM rate request with ACSC Cities based on a test year ending December 31, 2019; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2020 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $90 million applicable to ACSC Cities with an Effective Date of December 1, 2020; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the two-month delayed Effective Date from October 1 to December 1 will save ACSC ratepayers approximately $9 million off new rates imposed by the attached tariffs (Exhibit A), the impact on ratepayers should approximate the reasonable value of the rate filing found by the ACSC Consultants' Report, which was $81 million; and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability prepared by Atmos Mid-Tex (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $90 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex's 2020 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid- Tex to recover annually an additional $90 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 6. That subject to any future settlement or decision regarding the balance of Excess Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2020 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 9. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after December 1, 2020. Section 12. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ON THIS THE 28TH DAY OF SEPTEMBER, 2020. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Karen Manila, Assistant City Manager Exhibit A to 2020 RRM Resolution or Ordinance Mid-Tex Tariffs Effective December 1, 2020 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE,SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered,on or after 12101/2020 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter, Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required:, prior to service being furnished, Monthly Rate Customers monthly bill will be calculated by adding the following Customer and Cof charges to the amounts due under the riders listed below.: Charge Amount Customer Charge per Bill $20.25 per month Rider CEE Surcharge $ 0.05 per month Total Customer Charge $20.3,0 per month Commodity Charge—All Ccf $0.26651 per Ccf ----------- Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with, Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated, municipality, Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX, Surcharges- Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE-conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2020. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE. C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE,: Bills Rendered on or after 12/0112020 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to,Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will, be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 54.50 per month, Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $54.52 per month Commodity Charge—All Ccf $O,11728 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality, Tax Adjustment Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s), Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge(billing effective July 1,2020, MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/0112020 PAGE E. Application Applicable to Industrial Customers with a maximum daily usage (MDU)of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below'. Charge Amount Customer Charge per Meter $ 1,014.50 per month First 0 MMBtu to 1,500 MMBtu $0.4157 per MMBtu Next 3,500 MMBtu $0.3044 per MMBtu All MMBtu over 5,000 M,MBtu $0,0653 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream trainsportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Franchise Fee Adjustment-, Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider( ). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint' or "common" price for the Katy point listed in Platt Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural, gas industry and, most closely approximating the applicable index. MID-TEX DIVISION RRC'Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO-. ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE, DATE: Bills Rendered on or after 12101/2020 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate 1, Customer must have the type of meter required by Company, Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T'—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills,Rendered on or after 1210112020 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Cu:stomeir's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,014.50 per month First 0 MiM Btu to 1,500 MMBtu $0,4157 per MMBtu Next 3,500 MMBtu $0.3044 per MMBtu All MMBtu over 5,000 MMBtu $0,0653 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF, Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in: accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i) $0.10 per MMBtu, or(ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds, 10%,of Customer's receipt quantities for the month. MID-T'EX DIVISION RRC Tariff No.- ATMOS ENERGY CORPORATION RATE,SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL,CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRMI TARIFF EFFECTIVE DATE: Bills Rendered on or after 1210112020 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each ICI MStu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the ""midpoint' or "common" price for the Katy point listed in, Platt s Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will!calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided!, are subject to the orders of regulatory bodies having jurisdiction,and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter, MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMW ERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE,: Bills Rendered on or after 1210112020 PAGE: Provisions for Adjustment The Commodity Charge per Ccf(100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment," The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas,Waco, andl Wichita Falls. Computation of Weather Normalization.Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi X (NDD-ADD) ) WNAFi Ri (BLi + (HSFi, x ADD) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf R1 Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification,divided by the average bill count in that class NDD billing cycle normal heating,degree days calculated as the simple ten-year average of actuai heating:degree days, ADD billing cycle actual heating degree days. Bli base load sales for the ith schedule or classification,divided by the average bill count in,that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WN,Ai= WNAFi x qq Where qq is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RICER. 'WVNA WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION I UNDER THE RRM TARIFF EFFECTIVE GATE Bills Rendered.can or after 121Q91"0211 .. P'A+ .. ......... _...............�........._....,. Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Heather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.73 �1545 9439 0.7284 Austin 9,53 9.1489 211.75 0.9405 Callas 15.77 0,1792 199.74 0.9385 Waco 9.99 9,1341 145.27 9.711 Wichita 11.51 O� 1402 120.34 0.5747 Falls Weather Normalization Adjustment WNA Repo Can or before June 1 of each year, the company pasts on its website at atmosenergy.com/mtx-wna, In Excel format, a Weather Normalization Adjustment (lr1 NA) report to show how the company calculated its WNAs factor during the precediing winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas'Gas Services Division„ addressed to the Director of that Division. Exhibit B to 2020 RRM Resolution or Ordinance Mid-Tex 2020 Benchmark for Pensions and Retiree Benefits z 0 R R 05" j; Wg (D C 0 cn -0 -0 a c 0 CD x m 0 m -0 a :3 a, CL z ;o CL X0 0 0 m m 0 T ;6 (D o ov 0 w 'M CD n W + 3 :5 :3" 0 ,q g (D 70, ;1 0 E, --t, -a 0 0 w iiD X (D 0 CD Co 0 Co Em + (D =,I r- 0 (D 0 =7 =r 0 :3 0 0 U) cr w 0 3 CL 3 CD 0 0:3 Z; q su :=h 11 ww x 3 g — N —i a I 0 CL -n (D -U SA) o o o W, Krr x CDsda 0 @ o (D 0 w 0 CL 3 0 0 0 0 g a 5 N (D 0 CL z a . x en cn 0 r- x 0 z 'D 0 0 (D 3 W > 3: a z CL m 0 m co ;ml A x 5i. cr 0) 40% f�n flo m M Z M M 9 F3 a CL t 8 2 F) o Ica 0 m 1� 10 > 0 o r m Z, un CL C, M "D U) (A m m W ko 691 169 (A OZ3 ZT M m m �n 0 m Fi m E5 L4 rn m 0S 7m x r- M = =I 'o s Ln -7.0 (P 1:01 IPDO e. X < PO (n 4 0 0 Lo A :A 0 Awl160 (o IEO 40 69 M Z 0 < to CL 0 0 b 'b 080 9 -4 1 8-5 71 ;�4 0 (D i) m 14 cr (D n ct cr goo goo 90 Cl. CL -4 -4 080, 8 M w :e co m m M ;o a s 0 Z, OD co (D S9 0 -4 co fus NJ N 0 4A co 0 0) 0) 0 0)10 -D, � Nso- Exhibit C to 2020 RRM Resolution or Ordinance Mid-Tex 2020 Schedule for Amortization for Regulatory Liability ATMOS ENERGY CORP., MID-TEX DIVISION RATE BASE ADJUSTMENT'S TMENT' TEST YEAR ENDING:DECEMBER 31,2019 AMORTIZATION OF REGULATORY LIABILITY Beginning of Year End of Year Rate Base Rate Base Corrected Balance Line Year Ended Adjustment Annual Adjustment for December 31, No. Dec,31 Amount Amortization (1) Amount(2) 2017 (3 (a) (b) (c) (d) (e) 1 2017 $ - 292,268,881 292,268,881 2 2018 292,268,881 12,075,562 2.80,193,319 3 2019 280,193,319 12,085,165 268,108,155 4 2020 268,108,155 11,171,173 256,936, 82 5 2021 256,936,982 11,171,173 245,765,809 6 2022 245,765,809 11,171,173 234,594,635 7 2023 234,594,635 11,171,173 223„423,462 8 2024 223,423,462 11,171,173 212,252,289 9 2025 212„252,289 11,171,173 201,681,116 10 2026 201,081,116 11„171,173 189,909,943 11 2027 1,89„909,943 11,171,173 178,73'8„770 12 2028 178„738,770 11,171„173 167 567,597 13 2029 167,567,597 11„171,173 156,396,424' 14 2030 1.56,396,424 11,171,173 145,225,251 15 2031 145,225,251 11,171,173 134,054,077 16 2032 134,054„077 11,171,173 122,882,904 17 2033 122,882,904 11,171,173 111,711,731 18 2034 111,711,731 11,171,173 100,540,558 19 2035 100,540,558 11,171,173 89,369,385 0 2036 89,369,385 11,171„173 78,11,98,212 21 2037 78,198,212 11,171,173 67,027,039 22 2038 67,027„039 11,171,173 55,855,866 2.3 2039 55,855,866 11,171,173 44„684,692 24 20,40 44,684,692 11,171,173 33,513,519 25 2041 33,513,519 11,171,173 22,342,346 26 2042 22,342,346 11,171,173 11,171,173 27 20'43 11,171,173 11,1711,173 (0) 28 29 Revenue Related Tax Factor 7.16% See WIC F-5.1 Revenue Related Taxes on Annual Amortization*Tax 30 Amortization 799,924 Factor 31 Amortization Including Revenue $ 11,971,097 Amortization +Taxes 32 33 Notes: 34 1. The annual amortization of a 26 year recovery period is based on the 35 Reverse South Georgia Method. 36 2. The Regulatory Liability is recorded to FERC Account 253, Sub Account 27909. 37 1 This is the final Mid-Tex liability balance filing the Fiscal Year 2018 tax return. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 28, 2020 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: If you are not already registered to vote or need to update your information, you must do so by Oct. 5 to be able to vote in the Nov. 3 election. Visit www.votetexas.gov for a voter registration form and more information. The community is invited to join us for a virtual National Night Out event at 6.30 p.m. on Tuesday, October 6. The event will be live streamed through the NRH Public Safety YouTube Channel. You can find more information on the city's website. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Megan Fendley in Neighborhood Services —A resident emailed to commend Megan for her thorough inspection and assistance with a neighborhood mosquito problem. "It was apparent that she is not only knowledgeable, but passionate about her work. Her demeanor and attitude reflected very well on the City and its services. Please know how much we appreciated Meagan's professionalism and work ethic!"