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HomeMy WebLinkAboutCC 2022-04-11 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, APRI L 11, 2022 REGULAR MEETING 7:00 P.M. Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - ASSOCIATE MAYOR PRO TEM WRIGHT OUJESKY A.2 PLEDGE - ASSOCIATE MAYOR PRO TEM WRIGHT OUJESKY A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Introduction - oug orow, Iron orse General Manager 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 Monday, April 11, 2022 City Council Agenda Page 1 of 4 B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the March 28, 2022 regular City Council meeting. B-2 Authorize the City Manaqer to execute Addendum No. 2 to Master Services Agreement No. 22516, for professional services with LLC. in an amount not to exceed $69 712.50 for the contract management/electronic signature project. B-3 Award Bid No. 22-010LO ippin ot�, LLC, and Mini Melts of America Inc. as secondary vendor, for a three-year agreement to provide beaded ice cream for resale at NRH20 _Family_ Water Park in the collective amount not to exceed $85,000 annually. BA Award Bid No. 22-016 for annual NRH20 food service resale product to Ben E Keith Foods and Flowers BakiLq_Qo..,_ in a collective amount not to exceed C. PUBLIC HEARINGS C.1 Ordinance No. 3734, public hearing and consideration 2L al of an approval amendment to the Fiscal Year 2021/2022 Amended Budget. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E-1 Approve a contract with Texas Materials Group, Inc., dba Texas it for the Year 2 Bond Streets Asphalt / Subgrade work for Meadow Oak Drive, Diam nd Loch West, Pearl Street and Southampton Drive projects in the amount of$8715 3.01. E-2 Approv�ea contract with Apex Construction, Inc. for the first renewal of Bid No. 21-011 for Year 2 of the and Street Improvements Project for Diamond Loch West Meadow Oak _DLive, Pearl Street Southampton rive in the amount of39 ,141 .00. E-3 P,pprov�ea construction contract with R&D Burns Brothers, Inc. for utility reconstruction work on five residential streets designated as bond projects in the amount of _$1,727 955.00for the Meadow Oak Drive, Pearl_Stre�etS�outha�mto�nD��ive Stonybrooke Drive and Dawn Drive bond projects. Monday, April 11, 2022 City Council Agenda Page 2 of 4 F. GENERAL ITEMS F-1 Authorize _payment to Motorola Solutions, Inc., for replacement servers for the Public Safety QAD/RMS system using a State of Texas Dgpa!rtmen�tof Information Resources Contract _(U1R-TSO-4101), in an amount not to exceed $360,000 for the FY 2021-2022 budget F-2 Authorize __payment to Freeit Data Solutions, Inc. for Cybersecurity Managed D tection and Respon e Assessment and Services using a State of Texas Dg22Ltment of Information Resources Contract JDLB-CPO-4863h in an amount not to exceed $90000for the current buqggLyear, F-3 Authorize the purchase of fuel from Jack Ray Oil Company using Tarrant County Annual Contract No. 2022-063in an amount not to exceed $1_,509 442. F-4 Consider Resolution No. 2022-020 authorizing submission ofthe grant application and acceptance o allocated funds if awarded for the FEMA Hazard Mitiqation Grant Program (HMGP) DR 4485 for two2..... generators for two L�2 critical City facilities in the amount of $568,260 with the Cit 's match being $142,065 and authorize the execution of the associated terms and conditions. G. 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. H. INFORMATION AND REPORTS - COUNCIL MEMBER RODRIGUEZ H.1 Announcements Monday, April 11, 2022 City Council Agenda Page 3 of 4 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, April 8, 2022 by 3:00 PM. Alicia Richardson City Secretary/Chief Governance Officer 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, April 11, 2022 City Council Agenda Page 4 of 4 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Introduction — Doug Borow, Iron Horse Golf Course General Manager PRESENTER: Adrien Pekurney, Director of Parks and Recreation GENERAL DESCRIPTION: Kemper Sports officially began management of Iron Horse Golf Course on April 1, 2022. Through the rigorous and detailed transition process, including review of key positions, the General Manager of Iron Horse Golf Course was identified as an open position to fill. With Kemper's expertise and assessment, they presented a General Manager candidate to City Management in March 2022. After city introductions and interview, along with additional consultation hiring process with Kemper, Doug Borow was announced as the incoming General Manager of Iron Horse Golf Course. Doug will start at Iron Horse on April 11, 2022. Doug has been employed by Kemper Sports for 13 years, and is a 27-year member of the PGA. He has worked in all aspects of golf and food and beverage operations. For the last 11 years Doug served as General Manager at The Wilderness Golf Course in Lake Jackson, TX. Kemper Sports Executive Vice President Jeremy Goldblatt said, "Doug is an accomplished GM and a catalyst for designing and implementing events that improve overall operations. Doug's teams have consistently built strong relationships with pass holders, partners, clients, vendors, residents and guests that have resulted in the achievement of Par Club and some of the highest True Review ratings within Kemper Sports for the past 10+ years. Golf Advisor recognized The Wildness Golf Course as The #1 Public Daily Fee Course in Texas 2020 and #3 in the U.S. 2020." Doug has over 20 years of operational and project management experience working as a General Manager at Cypresswood Golf Club in Spring, Texas and Olympia Hills Golf& Conference Center in Universal City, Texas and most recently at The Wilderness in Lake Jackson, Texas. Additional experience includes Director of Golf at Indian Lakes Resort in Bloomingdale, Illinois and Head Golf Professional at Eaglewood Resort & Spa in Itasca, Illinois. Doug Borow is a transplant Texan from Illinois and a graduate of Illinois Wesleyan University with a B.S. in Risk Management. After college, Doug spent much of his PGA Apprenticeship working as an assistant golf professional under the auspices of Tom Wilcox PGA Master Professional at Sunset Ridge County Club in Northbrook, Illinois, Dick Hyland at Desert Mountain Club in Scottsdale Arizona, and Pat Gorman at Bent Pine Golf Club in Vero Beach Florida. Doug is an accomplished manager and catalyst for implementing innovative tactics that streamline operations with business vision. Proven ability to build and facilitate IrLp NOKTH KICHLAN HILLS relationships with members, company leaders, partners, clients, vendors, and employees that results in higher net operating income and increased revenues. Doug has been successful in managing all facets of multi-million dollar projects from initial development to change management through implementation that consistently meets organizational objectives. In addition to his excellent planning, organizational, communication, and negotiation skills, Doug consistently exhibits a solid charismatic leadership style—creates results-driven, high-performance workforce with positive morale, and high productivity while fostering work-life quality. Doug is married and has two children in college. Doug and his wife, Valerie, will be relocating to the northeast Tarrant County area. The City of North Richland Hills is excited to welcome Doug and his family to the community and Iron Horse Golf Course. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Approve minutes of the March 28, 2022 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 March 28, 2022 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE MARCH 28, 2022 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28th day of March at 6.30 p.m. in the City Council Workroom prior to the 7.00 p.m. regular City Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 Suzy Compton Deputy Mayor Pro Tem, Place 3 Mason Orr Mayor Pro Tem, Place 4 Patrick Faram Place 5 Scott Turnage Place 6 Kelvin Deupree Place 7 Absent: Rita Wright Oujesky Associate Mayor Pro Tem, Place 2 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Manila Assistant City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6.30 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. EXECUTIVE SESSION 1. SECTION 551.071: CONSULTATION WITH THE CITY ATTORNEY TO SEEK ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION - IN RE NORTH RICHLAND HILLS ALAMO, LLC, CASE NO. 22-40384-ELM11, FILED IN THE US BANKRUPTCY COURT, NORTHERN DISTRICT OF TEXAS. Mayor Trevino announced at 6.31 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, Section 551.071: March 28, 2022 City Council Meeting Minutes Page 1 of 8 Consultation with the City Attorney to seek advice about pending or contemplated litigation - In re North Richland Hills Alamo, LLC, Case No. 22-40384-elm11 , filed in the US Bankruptcy Court, Northern District of Texas. Executive Session began at 6.35 p.m. and recessed at 6.51 p.m. Mayor Trevino announced at 6.51 p.m. that City Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order March 28, 2022 at 7.02 p.m. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 Suzy Compton Deputy Mayor Pro Tem, Place 3 Mason Orr Mayor Pro Tem, Place 4 Patrick Faram Place 5 Scott Turnage Place 6 Kelvin Deupree Place 7 Absent: Rita Wright Oujesky Associate Mayor Pro Tem, Place 2 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Deputy Mayor Pro Tem Compton gave the invocation. A.2 PLEDGE - DEPUTY MAYOR PRO TEM COMPTON Deputy Mayor Pro Tem Compton led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 RECOGNITION OF YEARS OF SERVICE FOR ARCIS GOLF Deputy City Manager Paulette Hartman thanked ARCIS, formerly known as EAGLE, for thirty-three (33) years of service managing the North Richland Hills Iron Horse Golf Course. She recognized Chief Marketing Officer Chris Crocker, Regional Vice March 28, 2022 City Council Meeting Minutes Page 2 of 8 President Operations Jeff Raffelson, General Manager Jerred Gibson, General Manager Sean Swanberg and General Manager Kiley Weaver. Director of Parks and Recreation Adrien Pekurney and Parks and Recreation Manager Antonio Evangelista presented ARCIS with a framed Iron Horse flag as a memento of appreciation from the City. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 PUBLIC COMMENTS 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 ORR, SECONDED BY COUNCIL MEMBER DEUPREE TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE MARCH 7, 2022 REGULAR CITY COUNCIL MEETING. B.2 PLAT22-0008 CONSIDERATION OF A REQUEST FROM JASON HAYNIE FOR A REPLAT OF LOTS 8R AND 9, BLOCK B, GREEN VALLEY COUNTRY ESTATES, BEING 3.984 ACRES LOCATED AT 7409 BURSEY ROAD AND 8008 VALLEY DRIVE. B.3 PLAT22-0010 CONSIDERATION OF A REQUEST FROM KARMA ASSOCIATE LLC FOR AN AMENDED PLAT OF LOT 2R, BLOCK 2, FRESH MEADOWS ESTATES, BEING 0.25 ACRES LOCATED AT 8505 FRESH MEADOWS ROAD. March 28, 2022 City Council Meeting Minutes Page 3 of 8 B.4 AUTHORIZE THE CITY MANAGER TO EXECUTE MULTIPLE ONE-YEAR AGREEMENTS WITH FOUR (4), ONE-YEAR OPTIONAL RENEWALS, WITH JOHNSON CONTROLS SECURITY SOLUTIONS, LLC AS SOLE SOURCE PROVIDER FOR ALARM SYSTEMS AND SERVICES TO NRH2O FAMILY WATER PARK IN AN ANNUAL AMOUNT NOT TO EXCEED $20,000, COLLECTIVELY NOT TO EXCEED $100,000 OVER A FIVE-YEAR PERIOD. B.5 AUTHORIZE THE PURCHASE OF A PORTABLE VIDEO DETECTION AND ALERTING SYSTEM FROM BUYERS BARRICADES USING COOPERATIVE PURCHASE CONTRACT NO. 608-20, IN THE AMOUNT OF $68,790.00. C. PUBLIC HEARINGS CA CONDUCT A PUBLIC HEARING AND CONSIDER RESOLUTION NO. 2022-018, ADOPTING THE 48TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. APPROVED Mayor Trevino opened the public hearing and called on Assistant Director of Neighborhood Services Kristin James to introduce the item. Ms. James shared that the City of North Richland Hills would be awarded approximately $370,000 for the 48th Community Development Block Grant (CDBG) program. The proposed use for the funding is to reconstruct the entire length of Sau Paulo Court. The current estimate for the reconstruction is $369,416. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM COMPTON, SECONDED BY COUNCIL MEMBER FARAM TO APPROVE RESOLUTION NO. 2022-018, ADOPTING THE 48TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. MOTION TO APPROVE CARRIED 6-0. D. PLANNING AND DEVELOPMENT March 28, 2022 City Council Meeting Minutes Page 4 of 8 D.1 PLAT22-0011 CONSIDERATION OF A REQUEST FROM ANA CONSULTANTS FOR A PRELIMINARY PLAT OF LOTS 1X, 2-13, 14X & 15X, BLOCK 3, ST JOSEPH ESTATES, BEING 3.35 ACRES LOCATED AT 7704 DAVIS BOULEVARD. APPROVED Mr. Comstock informed City Council the applicant is requesting approval of a preliminary plat for 3.35 acres located at 7704 Davis Boulevard. The area is designated on the Comprehensive Land Use Plan as office commercial and the current zoning is residential infill planned development. Mr. Comstock provided site photos of the property. Applicant representative Osama Nashed located at 5000 Thompson Terrace, Colleyville presented the request. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their March 3, 2022 meeting, recommended approval with a vote of 5-0, with the conditions outlined in the Development Review Committee comments. Mr. Comstock stated that the applicant revised the plat to address all conditions. A MOTION WAS MADE BY COUNCIL MEMBER DEUPREE, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE PLAT22-0011. MOTION TO APPROVE CARRIED 6-0. D.2 PLAT22-0009 CONSIDERATION OF A REQUEST FROM TORINO LLC FOR A PRELIMINARY PLAT TIVOLI GARDEN ESTATES, BEING 3.06 ACRES LOCATED AT 7509 CHAPMAN ROAD. APPROVED Mr. Comstock informed City Council the applicant is requesting approval of a preliminary plat for 3.06 acres located at 7509 Chapman Road. The area is designated on the Comprehensive Land Use Plan as residential estate and the current zoning is residential infill planned development. Mr. Comstock provided site photos of the property. Applicant representative Bob Flynn, 1313 Regency Court, Southlake presented request and was available to answer questions. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their March 3, 2022 meeting, recommended approval with a vote of 5-0, with the conditions outlined in the Development Review Committee comments. Mr. Comstock stated that the applicant has revised the plat to address all conditions. March 28, 2022 City Council Meeting Minutes Page 5 of 8 In response to Mayor Trevino's question, Mr. Flynn commented that the existing house on the property is in the process of being sold. He anticipates the residential structure being removed from the property. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR PRO TEM ORR TO APPROVE PLAT22-0009. MOTION TO APPROVE CARRIED 6-0. E. PUBLIC WORKS EA AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES WITH PACHECO KOCH CONSULTING ENGINEERS, LLC, IN AN AMOUNT NOT TO EXCEED $302,241.00 FOR THE IRON HORSE WEST PROJECT (ST2117). APPROVED Mr. Nathan Frohman informed City Council the item for consideration is a professional services agreement for engineering design services for the Iron Horse West project (Rufe Snow Drive to Browning Drive). The project includes engineering and construction of approximately 2,000linear feet. The improvements include the reconstruction of the roadway with reinforced concrete and addition of pedestrian facilities. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM COMPTON, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES WITH PACHECO KOCH CONSULTING ENGINEERS, LLC., IN AN AMOUNT NOT TO EXCEED $302,241.00 FOR THE IRON HORSE WEST PROJECT. MOTION TO APPROVE CARRIED 6-0. F. GENERAL ITEMS FA APPROVE RESOLUTION NO. 2022-019, CONTINUING PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM. APPROVED Assistant Director of Neighborhood Service Kristin James advised the HOME program was created by the National Affordable Housing Act of 1990 to provide decent affordable housing to lower-income households. The HOME program for North Richland Hills is administered by Tarrant County. In order to participate in the program, a municipality March 28, 2022 City Council Meeting Minutes Page 6 of 8 must commit to 30% in matching funds. The maximum amount of HOME funding a municipality may request is $200,000. Staff recommends City Council approve Resolution No. 2022-019, committing to $36,000 in matching funds. If approved, the City will request $120,000 in HOME funds for 2022 that will fund approximately four (4) homes. A MOTION WAS MADE BY MAYOR PRO TEM ORR, SECONDED BY COUNCIL MEMBER FARAM TO APPROVE RESOLUTION NO. 2022-019, CONTINUING PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM. MOTION TO APPROVE CARRIED 6-0. F.2 APPROVE RESOLUTION NO. 2022-013, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND TARRANT COUNTY FOR REMOTE VIDEO MAGISTRATION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. APPROVED Assistant Police Chief Mike Young advised Council the request is to provide remote video magistration services to ensure timely access to a hearing at the City's shared detention service facility. The City provides detention services for the cities of Watauga, Richland Hills, and Haltom City. If approved, the agreement will reduce the number of persons required to be transported by the county to their facilities. The county has agreed to fund additional expenses associated with the service provided by the City. A MOTION WAS MADE BY COUNCIL MEMBER FARAM, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE RESOLUTION NO. 2022-013, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND TARRANT COUNTY FOR REMOTE VIDEO MAGISTRATION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. MOTION TO APPROVE CARRIED 6-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced there was no action necessary as the result of Executive Session. March 28, 2022 City Council Meeting Minutes Page 7 of 8 H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Deupree made the following announcements. Join Mayor Trevino on his monthly bicycle ride through North Richland Hills. The first ride in 2022 will be on Tuesday, April 5 starting at 6.00 p.m. at the NRH Centre. You can find more details on the city's website. The annual Don't Mess With Texas Trash-Off litter cleanup event will take place on Saturday, April 2. If you or your group would like to participate, Keep NRH Beautiful will be providing vests, trash bags, and gloves to help facilitate your cleanup. Please contact Kristin James for more information. Kudos Korner - Jase Smith, Gary Massie, Adam Pendergrass, Nathaniel Soroka and Kenneth Rawson in the Fire Department - Thank you to the crew who recently joined other firefighters from around the state to battle the large wildfire in Eastland. We received a note of thanks from a De Leon Volunteer Fire Department member who worked alongside our crew. It said, "You should be proud of the bravery and professionalism they brought to the fire field. It was an honor to serve with them and a blessing that y'all allowed them to come." I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7.38 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer March 28, 2022 City Council Meeting Minutes Page 8 of 8 CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Authorize the City Manager to execute Addendum No. 2 to Master Services Agreement No. 22516, for professional services with MCCi, LLC., in an amount not to exceed $69,712.50 for the contract management/electronic signature project. PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer SUMMARY: This request is to authorize the City Manager to execute Addendum No. 2 to Master Services Agreement ("MSK) No. 22516, with MCCi, LLC., ("MCCi") for professional services related to the contract management/digital signature project. GENERAL DESCRIPTION: The City Council, at its March 8, 2021 meeting, authorized the City Manager to execute a Cooperative Purchase Agreement (Contract Number 625-20) and Master Services Agreement No. 22516 with MCCi for document services and software support for the City's Laserfiche system. MCCi has worked with a number of municipalities across the United States to streamline and improve processes and staff looks forward to working with MCCi to advance the functionality of Laserfiche to expedite and manage our "paper" and processes in an efficient and purposeful manner. Staff met and worked with MCCi to identify a statement of work to provide a contract management solution to improve the City's current process of assembling signatures for contracts/leases/agreements. Currently, the City circulates paper copies of documents for signature. At a minimum, three signatures (City Attorney, City Manager and City Secretary/Chief Governance Officer) are required on contracts/leases/agreements. The automated process will standardize the intake, review, approval, and execution of contracts received or prepared by the City. In addition, the documents will automatically be filed and assigned the appropriate retention period within the Laserfiche repository. Staff expects an improved turnaround time to process contracts/leases/agreements. The automation process will provide a method for signatories to execute documents while away from the office. In an effort to enhance transparency and serve the public requests for information, public records will be available on the City's website through a Laserfiche Weblink portal. Similar to records researched at Tarrant County, an "unofficial copy" stamp will be affixed to documents printed and/or emailed through the Laserfiche Weblink portal. An example of public record types includes resolutions, ordinances, minutes, contracts, deeds, easements, conflict of interest, and charters, etc. It is anticipated the project will take six to eight months to complete. Once complete, staff will provide a tutorial video on the City's website to assist the public. Funding for this request is identified in the Fiscal Year 2021/22022 operating and capital budgets in the City Secretary's Office ($9,712.50) and Information Technology Department ($35,000). This project also includes funding in the amount of$25,000 made available to the City provided by the American Rescue Plan Act (ARPA). RECOMMENDATION: Authorize the City Manager to execute Addendum No. 2 to Master Services Agreement No. 22516, for professional services with MCCi, LLC., in an amount not to exceed $69,712.50 for the contract management/electronic signature project. ��'`"�"= Official Record Copy City Secretary Office ��y MASTER SERVICES AGREEMENT NO. 25516 This Master Services Agreement No.25516("Agreement")is effective conformity with Client's expense policy and greater than five percent on the date of the last signature,("Effective Date")and is made by (5%)of a specific bill,such dispute will be subject to investigation and and between MCCi, LLC, a Florida limited liability company, and its correction; otherwise Client agrees to reimburse MCCi for the full Affiliates with its principal office located at 3717 Apalachee Parkway, amount of expenses billed.The Client acknowledges that it may incur Suite 201,Tallahassee,FL 32311 ("MCCi")and Client(defined herein). expenses due to circumstances such as non-refundable airline tickets, MCCi and Client may each be referred to individually herein as"Party" training/install charges, hotel reservations, rental cars, etc., in the or collectively as the"Parties". event that i)Client cancels or reschedules the event,after MCCi has made these arrangements; or ii) If Client site/team is not prepared The terms "Client" in this Agreement shall also include Client's upon MCCi's arrival,which results in cancellation,delays,and/or the "Affiliates,"defined as a legal entity that directly or indirectly controls, need to reperform Deliverables. is controlled by, or is under common control with the party. It is agreed that Client's Affiliates shall enjoy the same rights,benefits and Client acknowledges that the price of the license and/or subscription obligations set forth in this Agreement as are applicable to Client. for the use of a third-parry licensed product is subject to increases during the term of the license and/or subscription or at the time of The Parties hereto intending to be legally bound hereby, agree as renewal. In the event that MCC! is reselling a license and/or follows: subscription to a third-party product to Client with at least 15 days prior to written notice (an email will be sufficient) of an increase in 1. Scope of Service the price of the license and/or subscription. To the extent that Client MCCi and Client may develop and enter into one or more sales orders, does not agree to pay such increase in the license and/or attached herein or incorporated by reference, incorporating a subscription, Client must provide written notice to MCCi within 15 description of the specific goods and/or services requested by Client days of notice of such increase. Upon receipt of such notice, MCCi (each,and as modified in writing by the Parties,an"Order").MCCi will will cancel Client's license and/or subscription to the third-party provide to Client those goods and/or services described as its licensed product. obligation in the Order (collectively, the "Services"). If applicable, each Order will also describe items specifically required to be 3. Invoicing and Payment delivered by MCC!to Client(the"Deliverables"),and the acceptance Unless otherwise stated in an Order, MCCi will invoice Client for all criteria for each of the Deliverables.Further,each Order will setforth, fees, charges and reimbursable expenses on a monthly basis and among other things,tasks to be performed by the Parties and roles upon completion of each Order. and responsibilities of each Party. Each Order shall specifically identify this Agreement and indicate that it is subject to the terms Client agrees to pay all undisputed invoices and undisputed portions hereof. To the extent there are any conflicts or inconsistencies of a disputed invoice in full within thirty(30)days from the date of between this Agreement and any Order or Client purchase order, each invoice.Failure to pay invoices by the due date,unless MCCi has except in regard to Sections 2 or 3 herein, the provisions of this been informed by said due date that an invoice is being contested Agreement shall govern and control.To the extent that there are any and the reason therefore, may result in the imposition of interest conflicts or inconsistencies between this Agreement and any Client- charges to the extent allowable by law as well as any associated legal entered third party government purchasing agreement("Purchasing and collection fees incurred. Vehicle", the provisions of the Purchasing Vehicle shall govern and control. Client further agrees to pay amounts equal to any federal,state or local sales, use, excise, privilege or other taxes or assessments, No change order, notice, direction, authorization, notification or however designated or levied, relating to any amounts payable by request(collectively,"Change Order")will be binding upon Client or Client to MCCi under this Agreement or any other Agreement MCCi, nor will such Change Order be the basis for any claim for between the Parties,exclusive of taxes based on MCCi's net income additional compensation by MCC!,until Client and MCCi have agreed or net worth,and understands and accepts that any pricing defined in writing to change the terms of an applicable Order,or to execute in an Order does not include such taxes. a new Order,as appropriate. All recurring software maintenance support, subscriptions, and/or 2. Fees other service packages ("Recurring Services") will automatically Client shall pay to MCCi the fees and other compensation set forth in renew and be billed unless Client has terminated the Agreement per each Order. By executing the applicable Order,Client acknowledges Section 4 below or provided sixty(60)days written notice prior to the their pre-approval for any Order Expenses quoted.Unless otherwise scheduled renewal date of the Recurring Services.Once payment has specified, Client will also reimburse MCCi for all reasonable out-of- been received,no refunds for Recurring Services are available. pocket travel,living and other ancillary expenses paid or incurred by MCC!in connection with the Services("Order Expenses").If relevant, 4. Term.Termination.and Cancellation MCC!will follow Client's expense policy,to the best of its ability. If a This Agreement will commence on the Effective Date and will be dispute occurs regarding MCCi's billing of Order Expenses in effective for a one (1)year period and will renew automatically for Last updated: June 25,2020 MCCi MSA Page 1 Of 8 ��,`"°s City Secretary Office MASTER SERVICES AGREEMENT NO.255 � y ®fflcoal Record Copy one (1) year periods and continue in full force and effect, unless terminated by either Party as set forth below. Termination of this In addition,MCCi shall be responsible for all acts or omissions of its Agreement or any Order hereunder may occur upon any of the Personnel. MCCi will also not discriminate in the referral or hiring of following: MCCi Personnel on the bases of race, religion, sexual orientation, (a) Thirty(30)days after a Party's receipt of written notice from the color, sex, age, national origin, disability that does not affect the other Party that this Agreement or the Services,in whole or in ability for an individual to perform his or her job,or other protected part under an Order,shall be terminated;or categories as required by state,federal,and local laws. (b) Thirty(30)days after one Party notifies the other in writing that they are in breach or default of this Agreement, unless the MCCi may utilize independent subcontractors in satisfying its negligent Party cures such breach or default within such thirty obligations under this Agreement(collectively with MCCi employees (30)day period;or "Personnel"). MCCi affirms to Client that these resources will adhere (c) Fifteen(15)days after the filing of a petition in bankruptcy by to and are subject to the same representations made by MCCi or against either Party, any insolvency of a Party, any throughout this Agreement. appointment of a receiver for such Party,or any assignment for the benefit of such Party's creditors(a"Bankruptcy Event"), Upon receipt of notice from Client that any MCCi Personnel is not unless such Party cures such Bankruptcy Event within the suitable, MCCi shall remove such person from the performance of fifteen(15)day period. Services and will provide a qualified replacement as quickly as possible. In all events, Client shall be liable for full payment for Services and reimbursement of MCCi's expenses incurred through the effective Unless a particular MCG Personnel member has been identified as a date of termination. If Client cancels or puts on hold an Order key resource to the relevant Order, MCCi at its sole discretion may between completed milestones, MCCi will invoice Client for a pro- reassign, if and as necessary, other appropriately qualified MCCi rated share of the uncompleted milestone(s)for Services performed Personnel to the relevant Order as long as such assignment will not through the date of such termination or delay. affect MCCi's fee for the Services defined or ability to satisfy its Deliverables. 5. Working Arrangements All Services shall be performed remotely,unless otherwise agreed to Neither Party shall be deemed to be a legal representative of the by the Parties. If Services are to be performed on Client's premises, other nor has any authority, either express or implied, to bind or Client shall provide the following to MCCi Personnel:(i)a suitable and obligate the other in any way. adequate work environment, including space for work and equipment for performance of the Services;(ii)access to and use of 7. Non-Solicitation Client's facilities and relevant information, including all necessary Each Party agrees not to directly or indirectly solicit, offer software,hardware and documentation;(iii)timely assistance in the employment to, or accept any services outside of this Agreement acquisition of, or correction of any hardware or software problems from any employee or independent contractor of the other Party who that would affect the performance of Services; and (iv) any other provided services for the non-soliciting Party within the previous items set forth in each Order. twelve(12)months,during the term of this Agreement,and for twelve (12) months thereafter.Notwithstanding the foregoing, either Party Client will ensure that all Client's personnel, vendors, and/or may solicit for employment,offer employment to,employ,or engage subcontractors who may be necessary or appropriate for the as a consultant or advisor,any of the other Party's personnel who:(i) successful performance of the Services will,on reasonable notice:(i) had no previous direct contact with the soliciting Party's personnel in be available to assist MCCi Personnel by answering business, connection with, and during the performance of, the Services technical and operational questions and providing requested hereunder, or (ii) have responded to a general, publicly-available documents, guidelines and procedures in a timely manner; (ii) advertisement for employment at such Party(including its affiliates). participate in the Services as reasonably necessary for performance under an Order; and (iii) be available to assist MCCi with any other 8. Confidential Information activities or tasks required to complete the Services in accordance The Parties acknowledge that in the course of MCCi providing with the Order. Services for Client hereunder, each may receive Confidential Information (as defined below) of the other Party. Any and all 6. MCC!Personnel Confidential Information in any form or media obtained by a Neither MCCi nor its Personnel are or shall be deemed to be Recipient shall be held in confidence and shall not be copied, employees of Client but rather as independent contractors. MCCi reproduced,or disclosed to third parties for any purpose whatsoever shall be responsible for the compensation of its Personnel, in except as necessary in connection with the Services provided under addition to any applicable employment taxes, workmen's this Agreement.The Recipient further acknowledges that it shall not compensation and any other taxes, insurance or provisions use such Confidential Information for any purposes other than in associated with the employment of such personnel. connection with the activities contemplated by this Agreement.All Last updated: June 25,2020 MCCi MSA Page 2 of 8 City Secretary Office MASTER SERVICES AGREEMENT NO.2551 ®y Official Record Copy consultants assigned by MCCi to Client will sign appropriate forms of proprietary code(source and object),which is subject to third-party confidentiality agreements on or prior to their start date. license agreements with MCCi;(ii)those portions of the Deliverables which include information in the public domain or which are generic "Confidential Information" means any and all confidential ideas, concepts, know-how and techniques within the computer information of a Parry disclosed to the other Party,including,but not design, support and consulting business generally; and (iii) those limited to, research, development, proprietary software, technical portions of the Deliverables which contain the computer consulting information, techniques, know-how, trade secrets, processes, knowledge, techniques, tools, routines and sub-routines, utilities, customers,employees,consultants,pricing information and financial know-how,methodologies and information which MCCi had prior to and business information, plans and systems. Confidential or acquired during the performance of its Services for Client and Information shall not include information which:(i)was known to the which do not contain any Confidential Information (as hereinafter Party receiving the information(the"Recipient")prior to the time of defined)of Client conveyed to MCCL To the extent that any portion disclosure by the other Party(the"Disclosing Party");(ii)at the time of the Deliverables includes information or material that falls within of disclosure is generally available to the public or after disclosure the exceptions to property of Client described in Subsection (iii) becomes generally available to the public through no breach of above,MCCi shall be deemed to have granted Client a paid up,world- agreement or other wrongful act by the Recipient; (iii)was lawfully wide, non-exclusive license to use any such information or material received by Recipient from a third party without any obligation of imbedded in the Deliverables for its internal business needs and a confidentiality;or(iv)is required to be disclosed by law or order of a non-exclusive license to make copies thereof for use only in its and court of competent jurisdiction or regulatory authority. its affiliates'facilities,subjectto third party license agreements,if any. Should MCCi, in performing any Services hereunder, use any The obligations set forth in this Section shall survive termination of computer program, code or other materials developed by it this Agreement for a period of three(3)years thereafter. independently of the Services provided hereunder ("Pre-existing Work"),MCCi shall retain any and all rights in such Pre-existing Work. 9. Intellectual Property MM hereby grants Client a paid up, world-wide, non-exclusive Unless otherwise specified in any Order, title to all materials, license to use and reproduce the Pre-existing Work for its internal products and/or Deliverables, including, but not limited to, reports, business needs. designs, programs, specifications, documentation, manuals, visual aids,and any other materials developed and/or prepared for Client Client understands and agrees that MCCi may perform similar by MCCi under any Order(whether or not such Order is completed) services for third Parties using the same personnel that MCCi may ("Works"), and all interest therein shall vest in Client and shall be use for rendering Services for Client hereunder, subject to MCCVs deemed to be a work made for hire and made in the course of the obligations respecting Client's Confidential Information pursuant to Services rendered hereunder. MCCi shall retain a non-exclusive, Section 8. royalty-free, world-wide, perpetual license to use, sell, modify, distribute and create derivative works based upon any of the 10. Data Privacv foregoing Works in its information technology professional services In the event that MCCi, in the course of providing Services to Client, business,provided that in so doing MCCi shall not use or disclose any receives, stores, maintains, processes or otherwise has access to Client Confidential Information or Deliverables unique to or owned "Personal Information" (as defined by the State Data Protection by Client. To the extent that title to any such Works may not, by Laws and/or European Union Directives, and including, but not operation of law,vest in Client or such Works may not be considered limited to, an individual's name and social security number,driver's works made for hire,all rights,title and interest therein are hereby license number or financial number)then MCCi shall safeguard this irrevocably assigned to Client.All such Works shall belong exclusively information in accordance with these laws. MCCi may disclose to Client, except as set forth herein, with Client having the right to Personal Information for business purposes only on a need-to-know obtain and to hold in its own name,copyrights,registrations or such basis and only with (i) MCCi Personnel, (ii) any third party service other protection as may be appropriate to the subject matter, and providers that has agreed to safeguard Personal Data in a like any extensions and renewals thereof.MCCi agrees to give Client and manner as MCCi safeguards such information, and (iii) with other any person designated by Client, reasonable assistance, at Client's entities authorized to have access to such information under expense, required to perfect the rights defined in this Section 9. applicable law or regulation.MCCi may disclose Personal Data when Unless otherwise requested by Client, upon the completion of the necessary to protect its rights and property,to enforce its terms of Services to be performed under each Order or upon the earlier use and legal agreements,as required or permitted by law,or at the termination of such Order,MCCi shall immediatelyturn overto Client request of law enforcement authorities and the courts,and pursuant all Works and Deliverables developed pursuant to such Order, to a subpoena. MCCi shall have no duty to notify Client of such including,but not limited to,working papers,narrative descriptions, compliance with law. MCCi takes reasonable and appropriate reports and data. measures to maintain the confidentiality and security of Personal Data and to prevent its unauthorized use or disclosure. To the extent Notwithstanding the foregoing,the following shall not constitute the that MCCi experiences a Security Breach as defined under the State property of Client:(i)MCCi software,including but not limited to any Data Protection Laws for information generated in connection with Last updated:June 25,2020 MCCi MSA Page 3 of 8 0'�­L�',) City Secretary Office MASTER SERVICES AGREEMENT NO.25516 Official Record Le®�y this Agreement or any Order hereto, MCCI shall notify Client in WHETHER SUCH REPRESENTATION OR WARRANTY BE EXPRESS OR writing immediately,as soon as possible,but not later than three(3) IMPLIED. INCLUDING ANY WARRANTY OF MERCHANTABILITY, business days of discovering such Security Breach. OUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION OR WARRANTY FROM COURSE OF DEALING OR 11. Warranty USAGE OF TRADE. (a) Services Warranty. In the event that Client asserts any claim for warranty services MCCI warrants that all Services shall be performed by personnel with hereunder and such claim relates to any matter that is mutually relevant skill sets and familiar with the subject matter for the Order determined by the Parties not to be MCCi's responsibility hereunder in a professional, competent and workman-like manner that meets (including any problem with Client's computer hardware or software industry standards. that was not caused by any Services performed by MCCI),Client shall pay MCCI for all costs incurred for all evaluation,correction or other MCCi's delivery of a Deliverable to Client shall constitute a services performed by MCCi relating to such claim on a time and representation by MCCI that it has conducted a review of the materials basis at MCCi's then standard billing rates. Deliverable and believes it meets the written specifications set forth in the corresponding Order. Client shall then have the right to (b) General Warranty. conduct any review ofthe Deliverable as Client shall deem necessary MCCI shall perform the Services in compliance with all applicable or desirable. If Client, in its reasonable discretion, determines that international, federal and state laws and regulations and industry any submitted Deliverable does not meet the agreed upon codes,including but not limited to(i)federal and state anti-kickback specifications, Client shall have ten (10) business days after MCCVs laws and regulations and laws governing payments to and submission to give written notice to MCCi specifying the deficiencies relationships with healthcare professionals, including 42 U.S.C. in reasonable detail. MCCi shall use reasonable efforts to promptly §1320a-7b(b); (ii) federal Food and Drug Administration laws, cure any such deficiencies. After completing any such cure, MCCi regulations and guidance, including the federal Food, Drug and shall resubmit the Deliverable for review as set forth above. Cosmetic Act and the Prescription Drug Marketing Act,(iii)federal and Notwithstanding the foregoing,if Client fails to reject any Deliverable state securities laws,meaning that MCCi agrees that Client may be a within ten (10) business days, such Deliverable shall be deemed publiclytraded company and MCCi shall instruct MCCi Personnel that accepted. federal and state securities laws prohibit the purchase, sale, or pledge of Client stock while in possession of any material,non-public MCCi does not warrant that the Services or Deliverables will be information, (iv)the Foreign Corrupt Practices Act of 1977, and the uninterrupted or error-free, provided that MCCi shall remain UK Bribery Act,the 1997 OECD Convention on Combating Bribery of obligated pursuant to this Section 11. If the Services fail to conform Foreign Public Officials in International Business Transactions, and to the foregoing warranty in any material respect, Client's initial (v)international,federal and state privacy and data protection laws, remedywill be for MCCi,at its expense,to promptly use commercially including,but not limited to,the relevant European Union directives, reasonable efforts to cure or correct such failure.Upon failure of the Health Insurance Portability and Accountability Act of 1996 and the foregoing,Client's remedies,and MCCVs entire liability,as a result of Health Information Technology for Economic and Clinical Health Act, such failure,shall be subject to the limitations set forth in Section 12 Chapter 93H of The Massachusetts General Laws and its below. The foregoing warranty is expressly conditioned upon (i) implementing regulations, 201 CMR 17.00, and Cal. Civ. Code § Client providing MCCi with prompt written notice of any claim 1798.80-.84(collectively,"State Data Protection Laws"). thereunder prior to the expiration thereof,which notice must identify with particularity the non-conformity;(ii)Clients full cooperation with 12. Indemnification and Limitation of Liability MCCI in all reasonable respects relating thereto,including,in the case of modified software, assisting MCCi to locate and reproduce the (a) Mutual Indemnification. non-conformity,and(iii)with respect to any Deliverable,the absence of any alteration or other modification of such Deliverable by any (i)MCCI(for purposes ofthis Section 12,"Indemnifying Party")shall person or entity otherthan MCCI.The Parties acknowledge and agree indemnify,defend and hold Client harmless against any loss,damage thatthis Agreement relates solely to the performance ofservices(not or costs (including reasonable attorneys' fees) in connection with the sale of goods) and, accordingly, will not be governed by the third party claims,demands,suits,or proceedings("Claims"): Uniform Commercial Code of any State havingjurisdiction. MCCI also For bodily injury or personal property damage arising out of does not warrant any third-party products procured on behalf of MCCli's performance within the scope of its responsibilities Client, and if there are any product warranties provided by the under this Agreement. manufacturer of the product, any remedy should be requested A breach of MCCI's obligations with respect to confidentiality directly from manufacturer. Caused by negligent acts, omissions or willful misconduct of the Indemnifying Party. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 11, MCCI DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY. Last updated:June 25,2020 MCCi MSA Page 4 of 8 City Secretary O Official Record Copy 10 MASTER SERVICES AGREEMENT NO.25516 (ii)To the extent permitted bylaw,and subject to Section 12(f)herein, lost revenues,profits,savings or business)or loss of records or data, Client(for purposes of this Section 12,"Indemnifying Party")shall whether or not the possibility of such damages has been disclosed to indemnify and hold MCC]harmless against any loss,damage or costs such Party in advance or could have been reasonably foreseen by (including reasonable attorneys'fees that are necessary and just and such Party, and whether in an action based on contract, warranty, awarded by a court of competent jurisdiction) in connection with strict liability, tort (including, without limitation, negligence) or third party claims,demands,suits,or proceedings("Claims"): otherwise.Except for a Parry's indemnification obligations, or except For bodily injury or personal property damage arising out of in the event of loss or damage caused by gross negligence or Client's performance within the scope of its responsibilities intentional misconduct,each Party's maximum aggregate liability for under this Agreement. all claims, losses or other liability arising out of, or connected with, • A breach of Client's obligations with respect to confidentiality this Agreement,the Services contemplated hereunder or Client's use • Caused by negligent acts, omissions or willful misconduct of of any such Services or Deliverables, and whether based upon the Indemnifying Party. contract,warranty, strict liability,tort (including,without limitation, negligence), or otherwise, shall in no case exceed the aggregate (b) MCCi Indemnification, amounts paid to MCCi by Client under the applicable Order,giving MCCi shall defend, indemnify and hold Client harmless against rise to such claim during the last twelve (12) months. Each Party's Claims made or brought against Client by a third party alleging that entire liability and Client's remedies under this Agreement shall be the use of any Deliverable as provided to Client under this Agreement subject to the limitations contained in this Section 12.The limitations or any Order hereto and used in accordance with this Agreement and on warranty and liability specified in Sections 11 and 12 hereof will relevant documentation, infringes any third partys intellectual survive and apply even if any limited remedy herein is found to have property rights. Notwithstanding the foregoing, MCCi shall not be failed of its essential purpose. required to indemnify Client to the extent the alleged infringement: The Parties acknowledge that the limitation of warranties and (x)is based on information or requirements furnished by Client,(y)is liabilities as set out in this Agreement are an essential basis of this the result of a modification made by a party other than MCCi, or(z) arises from use of a Deliverable in combination with any other Agreement and that the prices agreed to be paid by Client for product or service not provided b MCC].If Client is enjoined from Services reflect these limitations. P P Y 1 usingthe Deliverable or MCCi reasonably believes that Client will be Y (f) Client Indemnification. II have he right, at its sole option,� enjoined, MCCi shall a e t g to obtain for Client the right to continue use of the Deliverable or to replace or Notwithstanding any of the foregoing in this Section 12, in no event modify the Deliverable so that it is no longer infringing.If neither of shall Client be required to create a sinking fund to satisfy any obligation to indemnify MCCi under this Agreement.This provision the foregoing options is reasonably available to MCCi, then this Agreement may be terminated at either Partys option and MCCi's shall survive termination of this Agreement. sole liability shall be subject to the limitation of liability provided in this Section. 13. Insurance (c) Client Warranties. During the term of this Agreement, MCCi shall carry, at its sole If the Services require MCCi to access or use any third party products expense,insurance coverage to include at a minimum the following: provided or used by Client,Client warrants that it shall have all rights Workers Compensation:State statutory limits and $1,000,000 and licenses of third Parties necessary or appropriate for MCCi to employers'liability access or use such third party products and agrees to produce Comprehensive General Liability: $2,000,000 per occurrence evidence of such rights and licenses upon the reasonable request of and$4,000,000 in the aggregate MCCi and to the extent permitted by law, indemnify, hold harmless Professional Liability: $1,000,000 per occurrence and and defend MCCi from and against any Claims to the extent arising $3,000,000 in the aggregate from MCCi's access to or use of such third party products. Errors and Omissions:$1,000,000 per occurrence • Cyber and Technical Errors and Omissions: $3,000,000 in the (d) Indemnification Procedure. aggregate Each indemnified Party shall give the indemnifying Party(a)prompt written notice of the Claim; (b) sole control of the defense and 14. Notices settlement of the Claim (provided that the indemnifying Party may All notices, demands and other communications required or not settle any Claim unless it unconditionally releases the permitted hereunder or in connection herewith shall be in writing indemnified Party of all liability);and(c)at indemnifying Party's cost, and shall be deemed to have been duly given if delivered(including all reasonable assistance. by receipt verified electronic transmission) or mailed in the Continental United States by first class mail, postage prepaid, to a (e) Limitation of Liability. Party at the following address,or to such other address as such Party In no event shall either Party be liable for special, exemplary, may hereafter specify by notice: incidental, or consequential damages (including,without limitation, Last updated:June 25,2020 MCCi MSA Page 5 of 8 r�\`H�°Z City Secretary Office MASTER SERVICES AGREEMENT NO.25516 Z�y Official RecoAr d Copy If to MCCi If to Client: With reasonable notice and at a convenient location,Client will have MCCi,LLC City of North Richland Hills the right to audit MCC!'s records to verify MCCi's records to confirm 3717 Apalachee Parkway,Suite 201 4301 City Point Drive MCCVs billing to Client is correct. Tallahassee,FL 32311 North Richland Hills,TX 76180 Attn:Legal Department Attn:City Manager In addition,should any of Client's regulators legally require access to Email:legalC@mccinnovations.com Email:mhindman@nrhtx.com audit the Services, MCCi will,to the extent legally required by such regulators, provide access for the same. All results of such audits shall be MCCi Confidential Information. is. Miscellaneous Client shall bear all reasonable costs associated with audits. (a) 3rd Party EULA Provisions. Client acknowledges that they are responsible for adhering to any 3rd (g) Assignment. party End User License Agreements ("EULA"),whether supplied by Neither Party may assign or otherwise transfer any of its rights, MCCi as a convenience or not,for any products procured on behalf duties or obligations under this Agreement without the priorwritten of Client by MCCi. consent of the other Party. Either Party, however, without any requirement for prior consent by the other, may assign this (b) Use of Open Source Code. Agreement and its rights hereunder to any Party or entity who Except as disclosed in the Order, MCC! does not distribute nor succeeds(by purchase,merger,operation of law or otherwise)to all otherwise use any open source or similar software in a manner that or substantially all of the capital stock, assets or business of such would obligate MCC!to disclose,license,make available or distribute any of its material proprietary source code as a condition of such Party, if the succeeding party or entity agrees in writing to assume use. For purposes of this Agreement,"Open Source"shall mean any and be bound by all of the obligations of such Party under this software or other Intellectual Property that is distributed or made Agreement.This Agreement shall be binding upon and accrue to the available as"open source software"or"free software"or is otherwise benefit of the Parties hereto and their respective successors and publicly distributed or made generally available in source code or permitted assignees. equivalent form under terms that permit modification and redistribution of such software or Intellectual Property.Open Source (h) Modification. Materials includes software that is licensed under the GNU General This Agreement may be modified only by a written amendment Public License, GNU Lesser General Public License, Mozilla License, executed by duly authorized officers or representatives of both Common Public License,Apache License or BSD License,as well as all Parties. other similar"public"licenses. (i) Provisions Severable. (c) Client Software Customizations. If any provision in this Agreement is held by a court of competent Client may choose to customize their software internally without jurisdiction to be invalid,void,or unenforceable,then such provision MCC!'s help. MCC! is not responsible for any damages caused by shall be severed from this Agreement and the remaining provisions Client's customization of the software. MCCi will not be held responsible for correcting any problems that may occur from these will continue in full force. customizations. Q) Dispute Resolution. (d) MCC!Software Configuration Services. Should a dispute arise between MCCi and Client involving their Client may elect to contract with MCCi to configure Client's respective responsibilities, limitations or the working relations software.In these situations, Client acknowledges they are between the Parties under this Agreement or any Order, then the responsible for testing all software configurations and as such, Parties will make every effort to amicably resolve the dispute. Prior waives any and all liability to MCCi for any damages that could be to entering arbitration as set forth below,the Parties agree that any . related to these software configurations. dispute will initially be referred to their senior management for resolution within ten(10)business days of receipt of notice specifying (e) Force Majeure. and asking for the intervention of the Parties'superiors.If the dispute If either of the Parties hereto are delayed or prevented from fulfilling is still unresolved after such ten(10)business day period,the Parties any of its obligations under this Agreement by force majeure, said agree,at the written request of either Party,to submit the dispute to Parties shall not be liable under this Agreement for said delay or a single arbitrator who shall be agreed upon by the parties, for failure. "Force Majeure" means any cause beyond the reasonable resolution by binding arbitration under the rules of the American control of a Party including, but not limited to,an act of God,an act Arbitration Association,and that any award of the arbitrator shall be or omission of civil or military authorities of a state or nation, enforceable under any court having jurisdiction thereof.In any such epidemic, pandemic, fire, strike, flood, riot, war, delay of action,the Parties will bear their own costs,including attorney's fess, transportation, or inability due to the aforementioned causes to and will share equally in the costs and fees assessed by the American obtain necessary labor,materials or facilities. Arbitration Association for its services. (f) Audit Rights. (k) Interpretation. Last updated: June 25,2020 MCCi MSA Page 6 of 8 �'`; City Secretary Office MASTER SERVICES AGREEMENT NO.25516 0�� ' Official Rec®a d Copy exaS The descriptive headings of this Agreement and of any Order under this Agreement are for convenience only and shall not affect the (m) Entire Agreement. construction or interpretation of this Agreement. As used herein, This Agreement and all Order(s) attached hereto constitute the "include" and its derivatives (including, "e.g.") shall be deemed to complete and exclusive statement of the agreement between the mean "including but not limited to." Each Party acknowledges that Parties and supersedes all proposals, oral or written, and all other this Agreement has been the subject of active and complete prior or contemporaneous communications between the Parties negotiations, and that this Agreement should not be construed in relating to the subject matter herein. favor of or against any Party by reason of the extent to which any Party or its professional advisers participated in the preparation of (n) Counterparts. this Agreement. This Agreement may be executed in several counterparts, each of which will be deemed an original,and all of which taken together will (1) Publicity. constitute one single agreement between the Parties with the same MCCi may use the name of Client,the existence of this Agreement effect as if all the signatures were upon the same instrument. and the nature of the associated services provided herein for marketing purposes,except that such use shall not include any Client (Remainder of Page Intentionally Left Blank,•Signature Page Follows) Confidential Information as defined in Section 8 of this Agreement. Last updated: June 25,2020 MM MSA Page 7 of 8 04,cH�°_ City Secretary Office MASTER SERVICES AGREEMENT NO. 25516 0 '�%�.` Official Record Copy IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the Effective Date. MCCi,LLC //�� CITY OF NORTH RICHLAND HILLS("Client") E-SIG o Barstow v Signed: on zq 44''a` GMT Signed: �Yl� Name: Donny Barstow Name:Mark Hindman Title: President & CEO Title: City Manager Date: February 25, 2021 �� Date: 4301 CITY POINT DRIVE NORTH RICHLAND HILLS,TX 76180 RICH4 '•, ATTEST: 0® �°� ...... /VOA 4 ® ®� - S a BY: _ Q) m Alicia Richard;gPC(W Secret/ CO Chief Governan�erFr icer APPROVED TO FORM AND LEGALITY: \ G i By: Maleshia McGinnis,City Attorney v�5l °[.�'� ✓J6i9�'6o+�l�l.6�Qri d� Ord 1 � Last updated: June 25,2020 MCCi MSA Page 8 of 8 City Secretary Office Official Record Copy CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between MCCi, Ll-C ("Vendor")and the City of North Richland Hills, ("Customer"or"Authorized Customer"),a Texas government entity, and a Customer as defined in Section Texas Re-gl"Jimil 13efvica Desiciralion of the Agreement between the[BuyBoard)and Vendor,[Contract No.620'-20j,as amended,(the"Agreement")with an effective date of 12/01/2020. 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://app.buyboard.com/Sliop/Products?term=625- 20+mccW"ContractModal or upon request from Vendor, and the attached Quote/Purchase Order No. Addendum No.I to Master Services Agreement"MSA"No.25516/Quote No. 18743.The Agreement expires on 1113012021. Authorized Customer is eligible and desires to purchase Document Management Services/Laserfiche 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.lBuyBoard 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 $57,317 annually for 3 year(s)through 11130/2023 The undersigned represents and warrants that lie/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 Wt day of VlWc)-i 20 21. ClWkNORT, ljLLAN H ILLS VENDOR N B Bv: Mark Hindman,City Manager Name: viciorak % Title: COO C H Date: Date'. 02111/2021 to n ...... ATTEST: n By: Alicia Richardson, City S-iNtary h 5 L k-CAN APPROVE T&FORM DGA �X E � ; Date AWOV64 ---- 99 IvI—alesh-ia--B. M--c-iTin6`is,-City Attorney Ord/Re's No. ° P.O. Box 400,Austin,Texas 78767 FBOard 800.695.2919 •info@buyboard.com • buyboard.com November 1, 2021 Sent via email to: ktucker(amccinnovations.com Katy Tucker MCCi, LLC (Self-reporting Vendor) 1958A Commonwealth Lane Tallahassee FL 32303 Re: Copy-Print and Document Management Services BuyBoard Contract 625-20 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Copy-Print and Document Management Services, Contract 625-20 effective December 1, 2020 through November 30, 2021, with two possible one-year renewals. At this time, the BuyBoard is renewing your contract through November 30, 2022. 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 „i rririn( H crier 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 Jisa,mirad'. n„ a H crier . We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, 0'V(J1.9- " I C;;'�t-- Lisa Maraden Contract Administrator I"renewal v.02.13.2020 Endorsed by 1rl " TASAV VNT Q '?r. City Secretary Duce Official Record Copy Vendor Contract • • s Vendor Name MCCi, LLC (Self-reporting Vendor) Contact Cassie Shores Phone Number 8507010725 Email salesoperations@mccinnovations.com Website www.mccinnovations.com Federal ID 33-1069550 Accepts RFQs Yes Address Line 1 1958A Commonwealth Lane Vendor City Tallahassee Vendor Zip 32303 Vendor State FL Vendor Country USA Delivery Days 10 Freight Terms FOB Destination Payment Terms Net 30 days Shipping Terms Prepaid and added to invoice Ship Via Common Carrier Is Designated Dealer No EDGAR Forms Received Yes Service-Disabled Veteran Owned No Minority Owned No Women Owned No Is National Yes No Excluded Foreign Terrorist Orgs Yes No Israel Boycott Certificate Yes Is MWBE No Regions Served All Texas Regions States Served All States Contract Name Copy-Print and Document Management Services Contract# 625-20 Effective Date 12/01/2020 Expiration Date 11/30/2023 Quote Reference Number 625-20 2/2/2021 3:48:49 PM City Secretary Office y y Official Record Copy Q /gyp Texae Vendor �YQfd1�s ContractInformationr Return Policy For software orders,within 30 days of order, if software has not been activated, a full refund will be granted;if software has been activated, a 15% processing fee will apply. No refunds will be granted after 30 days. For scanning orders, MCG will correct only those valid discrepancies outlined in our agreement above the acceptable error rate reported within 90 days after delivery of electronic data to client. All product warranties are limited to manufacturer's standard warranty provisions. Additional Info null 2/2/2021 3:48:49 PM ��°"o City Secretary Office ® � y Official Record Copy DuCapperiffma Purchasing. 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com PROPOSER'S AGREEMENT AND SIGNATURE Proposal Name: Copy-Print and Document Proposal Due DatelOpenin4 Date and Time: Management Services May 14, 2020 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department Proposal Number: 625-20 12007 Research Blvd. Austin,TX 78759 Anticipated Cooperative Board Meeting Date: p p Q Contract Time Period: December 1, 2020 October 2020 through November 30, 2021 with two (2) possible one-year renewals. MCCi, LLC 5/4/ 02 Name of Proposing Company Date 3717 Apalachee Parkway, Suite 201 Street Address Signature of Authorized Company Official Tallahassee, FL 32311 Donald Barstow City, State, Zip Printed Name of Authorized Company Official 850.701 .0711 President & CEO Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 850.564.7496 33-1069550 Fax Number of Authorized Company Official Federal ID Number Page 9 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary office ® 2`✓y Official Record Co py D Cooperative.Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn The proposing company("you"or"your') hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all Cooperative information and documentation associated with this Proposal Invitation,including the Instructions to Proposers, General Terms and Conditions,attachments/forms,item specifications, and line items (collectively"Requirements'; 2. By your response ("Proposal') to this Proposal Invitation, you propose to supply the products or services submitted at the prices quoted in your Proposal and in strict compliance with the Requirements,unless specific deviations or exceptions are noted in the Proposal; 3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be claimed; 4. If the Cooperative accepts any part of your Proposal and awards you a contract,you will furnish all awarded products or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in the Proposal and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similar customers; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event you will offer the awarded goods and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your contract; 5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public Information Act request or similar public information law; 6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 7. You have carefully reviewed your Proposal, and certify that all information provided is true,complete and accurate, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 8. Any misstatement,falsification, or omission in your Proposal, whenever or however discovered, may disqualify you from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other remedy or action provided for in the General Terms and Conditions or by law. Page 10 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary ®dice Z � Official Record Copy P. Wcooperaff""Urchasing 12007 Research Boulevard .Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 'buvboard.com VENDOR CONTACT INFORMATION Name of Company: MCCI, LLC Vendor Proposal/Contract Contact Name: Cassie Shores Vendor Proposal/Contract Contact E-mail Address: cshoreS@mccinnovations.com Vendor Contact Mailing Address for Proposal/Contract Notices: 3717 Apalachee Parkway, Suite 201 Tallahassee, FL 32311 Company Website: https://www.mccinnovations.com 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: X❑ I will use the internet to receive purchase orders at the following address: Purchase Order E-mail Address: salesoper tions@'mccinnoyations.com Purchase Order Contact: Cassie Shores Phone: 850.701.0725 ext. 1750 Alternate Purchase Order E-mail Address: billing@mCCInnOVatIOC1S.COm Alternate Purchase Order Contact: Lindsey Fearington Phone: 850.701.0725 ext. 1659 ❑ 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. Request for Ouotes("RFO'7: Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: bids@mccinnoyatlons.com RFQ Contact: Cassie Shores Phone: 850.701 .0725 ext. 1750 Alternate RFQ E-mail Address: salesope ratio ns@mccinnovations.corn Alternate RFQ Contact: Donny Barstow Phone: 850.701 .0711 Page 11 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary Office Official Record Copy Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.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: FE-1 Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: 3717 Apalachee Parkway, Suite 201 Department: Finance city.. Tallahassee State: FL Zip Code: 32311 Contact Name: Lindsey Fearington Phone: 850.701 .0725 ext. 1659 Invoice Fax: 850.564.7496 Invoice E-mail Address: Ifearington@mccinnovations.com Alternative Invoice E-mail Address: billing@mccinnovations.com ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent": Billing agent Mailing address: Department: City: State: Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: **If Vendor authorizes a billing agent 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 12 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary Office AR o Official Record Co(j@""�{,i/g �EXP r' D, Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.com 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(V) 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. MCCi, LLC Company Name Donald Barstow, President & CEO Signature of Aut rized 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. MCCi, LLC Company Name Donald Barstow, President & CEO Signature of Authorized Company Official Printed Name Page 13 of 62 Proposal Forms COMM/SVCS v.12.19.2019 `"w= City Secretary Office Official Record Copy TExaS Dwopopgrative,Farchasroy 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 .buyboard.com 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(,.)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): MCCi, LLC 3717 Apalachee Parkway, Suite 201 Company Name Address Tallahassee FL 32311 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 ❑X No 7 0 B. What is the prescribed amount or percentage? or /o P P 9 VENDOR E PL YMENT 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(1) 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(-V)one of the following_ ❑ Yes ❑X 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. MCCi, LLC Company Name Donald Barstow, President& CEO Signature of Authorized Company Official Printed Name Page 14 of 62 Proposal Forms COMM/SVCS v.12.19.2019 ��cH``"°= City Secretary Office 2 Official Recod d Copy Caaperative Purchasing 12007 Research Boulevard ' Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com NO ISRAEL BOYCOTT CERTIFICATION Effective September 1, 2017,as amended effective May 7, 2019 (H.B. 793),a Texas governmental entity may not enter into a contract with a value of$100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees 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'T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law. "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. GWr 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. MCCi, LLC Company Name Donald Barstow, President& CEO Signature of Authorized Com an Official Printed Name 9 p Y Note: If Vendor does not elvish to make this certification®return the blank form in lieu of a completed certification, NO EXCLUDED NATION OR FOREIGN ERRORIST 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. MCCi, LLC Company Name Donald Barstow, President & CEO Signature of Authorized Company Official Printed Name Page 15 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary office Z y Official Record Copy Dwedoperatift �Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 •buyboard.com 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(1/) all that apply: ❑ I certify that my company has been certified as a HUB in the following categories: ❑ Minority Owned Business ❑ 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: Name of Certifying Agency: RI 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. MCCi, LLC Company Name Donald Barstow, President & CEO Print a e Signature of Authorized ompany Official Page 16 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary Office Of fociial Record Copy DUCOOperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 •buyboard.com CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As explained in the BuyBoard 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 cooperative.This BuyBoard contract does not include such services.Architecture or engineering services must be procured b a Cooperative member separately, in accordance with the Professional Services Procurement P Y P p Y. Act(Chapter 2254 of the Texas Government Code) and other applicable law and local policy. The Advisory, available at buyboard.com/Vendor/Resources.aspx, 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 below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized b Proposer to make this affirmation. If Proposer sells construction related goods or services Y P P 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 i 9 P 9 construction-related goods or services, whichever comes first. MC i, LLC Company Name Donald Barstow, President & CEO Signature of Authorized Company Official Printed Name 5. 13.2020 Date Page 17 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary Office Official Record Copy Ducapperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com 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. Deviations presented by the vendor have been Please check(A one of the following: accepted by BuyBoard ❑ NO; Deviations Lisa Maraden 0 YeS; Deviations BuyBoard Contract Administrator List and fully explain any deviations you are submitting: MCCi's scanning/imaging services do not include charges as applicable for pickup,delivery,and shipping.These are priced by job and will vary. MCCi may have additional Terms and Conditions related to each project that it will negotiate with cooperative members; it is understood that any additional terms will not supersede BuyBoard's terms. For avoidance of doubt, MCCi's standard Master Services Agreement(MSA)references government purchasing vehicle language as superseding MCCi terms. PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑1 Common Carrier ❑■ Company Truck ❑ Prepaid and Add to Invoice ❑ Other: 2. Payment Terms: ■ Net 30 days 1% in 10 Net 30 days Other: Y ❑ Y ❑ l Y ❑ 3. Number of Days for Delivery. VariesARO 4. Vendor Reference/Quote Number: 625-20 For software orders,within 30 days of Order, if software has not been activated, a full refund will be 5. State your return policy: chanted; if software has been activated, a 15% processing fee will apply. No refunds will be granted after 30 days. For scanning orders, MCCi will correct only those valid discrepancies outlined in our agreement above the acceptable error rate reported within 90 days after delivery of electronic data to Client.All product warranties are limited to manufacturer's standard warranty provisions. 6. Are electronic payments acceptable? ❑■Yes ❑ No 7. Are credit card payments acceptable? ❑Yes ❑E No MCCi, LLC C pa y Na me e.�� -a Donald Barstow, President & CEO Signature of Authorized Company Official Printed Name Page 18 of 62 Proposal Forms COMM/SVCS v.12.19.2019 *Does not apply to MCM,LLC City Secretary Office Official Record Copy Cooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com LOCATION /AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. *Does not apply to MCU,LLC Company Name Address I City State Zip Phone Number Fax Number Contact Person Company Name Address City State Zip Phone Number Fax Number Contact Person Page 19 of 62 Proposal Forms COMM/SVCS v.12.19.2019 *Does not apply to MCCl,LLC City Secretary Office p T Official Record Copy Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers ("Designated Dealers' to receive Cooperative member Purchase Orders on Vendor's behalf,you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded,Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion,to refuse addition of,or request removal of,any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative's administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish to designate multiple dealers, please duplicate this form as necessary. *Does not apply to MCC!,LLC Designated Dealer Name Designated Dealer Address City State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Designated Dealer Contact Person Your Company Name Signature of Authorized Company Official Page 20 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary Once Official Record Copy Cooperative.Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 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. Ifyou 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 certlfying 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 unw/lling 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. Re r1A1-:Educatian Seruice Centers ® I will service Texas Cooperative members statewide. '�. '� ❑ I will not service Texas A` Cooperative members statewide. I will only service members in the regions checked below: Region and Headquarters _mod J_:¢ ,mn, ❑ 1 Edinburg 2 �rl'" �° ,. I ❑ 2 Corpus Christi o .,x; <m .a .. ❑ 3 Victoria " �"_` . ❑ 4 Houston " t " ,� .'_ ❑ 5 Beaumont a ❑ 6 Huntsville �: •� ❑ 7 Kilgore h• G `" ' l ;' ❑ 8 Mount Pleasant wyl� y �:; �� ❑ 9 Wichita Falls ❑ 10 Richardson u �- ❑ 11 Fort Worth ,,:,w.v.' j ❑ 12 Waco ❑ 13 Austin ` ""� - ❑ 14 Abilene ❑ 15 San Angelo ❑ 16 Amarillo MCCI, LLC ❑ 17 Lubbock ❑ 18 Midland Corn ny ame ❑ 19 El Paso ❑ 20 San Antonio Signature of Authorized Company Official Donald Barstow, President & CEO ❑ I will not service members of the Printed Name Texas Cooperative. Page 21 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary Office Official Record Copy DrExns Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com If this 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 22 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary office DwCooperative'Purchasifty O�iciai Record Copy 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com 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 Ian to service the entire United States or will service only the specific states indicated. Note;If you plan to Y P � Y P � Y 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(1[) all that apply: R 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 ❑ Nebraska ❑ Arizona ❑ Nevada ❑ Arkansas ❑ New Hampshire ❑ California (Public Contract Code 20116 &20652) ❑ New Jersey ❑ Colorado ❑ New Mexico ❑ Connecticut ❑ New York ❑ Delaware ❑ North Carolina ❑ District of Columbia ❑ North Dakota ❑ Florida ❑ Ohio ❑ Georgia ❑ Oklahoma ❑ Hawaii ❑ Oregon ❑ Idaho ❑ Pennsylvania ❑ Illinois ❑ Rhode Island ❑ Indiana ❑ South Carolina ❑ Iowa ❑ South Dakota ❑ Kansas ❑ Tennessee ❑ Kentucky ❑ Texas ❑ Louisiana ❑ Utah ❑ Maine ❑ Vermont ❑ Maryland ❑ Virginia ❑ Massachusetts ❑ Washington ❑ Michigan ❑ West Virginia ❑ Minnesota ❑ Wisconsin ❑ Mississippi ❑ Wyoming ❑ Missouri ❑ Montana Page 23 of 62 Proposal Forms COMM/SVCS v.12.19.2019 c;�? City Secretary ®ffiCe y Cffricial Record Copy Cooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 • buvboard.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. MCCi, LLC Company Name Donald Barstow, President & CEO 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: II Page 24 of 62 Proposal Forms COMM/SVCS v.12.19.2019 City Secretary ®dice lj©Card y Official Record Copy D. WGOOPerative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 - PH: 800-695-2919 ' FAX: 800-211-5454 'buvboard.com 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 throughout 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 the State Service Designation form, in your Proposal. By signing this form, Proposer(referred to in this Agreement as"Vendor") agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative's 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 Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award,the National Cooperative Administrator("BuyBoard 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 renewals 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 this 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. 5. 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-Back 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 shall 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; and, 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 9 9 9 PP P 9 p the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal Forms COMM/SVCS v.12.19.2019 Page 25 of 62 City Secretary Office Official Record Copy PvCdaperaffm Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.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, 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. MCCi, LLC 625-20 Nam ndor Proposal Invitation Number Donald Barstow, President & CEO Signature of Authorized ompany Official Printed Name of Authorized Company Official 05.13.2020 Date Proposal Forms COMM/SVCS v.12.19.2019 Page 26 of 62 City Secretary Office Official Record CoBoard,. O �y Cooperative Pirrehasing 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: .$4,278,508.28 . (The period of the 12 month period is January2019 /December2019), 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. PURCHASINGVENDOR? COMMODITY A , . . .. 1. Federal General Services Administration y Schedule 70 2. T-PASS (state of Texas) N 3. OMNIA Partners Y Same as 9. 4. Sourcewell (NJPA) N 5. E&I Cooperative 6. Houston-Galveston Area Council (HGAC) N 7. Choice Partners N 8. The Interlocal PurchasingSystem Y stem (TIPS ) N 9. Other DIR, NCPA, City of Miami, Y 208-11, 208-36, 208-61 Hanover Uounty 208-80, 920-30, 920-38, ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. 920-45, 958-82 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. Laserfiche Software-No Change Laserfiche Software-7% Laserfiche Support-No Change Current Discount(%): Laserfiche Support- 10%w/SLA Proposed Discount(%): MCCi/Laserfiche Subscription-5% MCCi/Laserfiche Subscription-5%w/SLA Laserfiche Cloud-No Change Explanation: Laserfiche Cloud-3% MCCi Series-5%w/out SLA, MCCi Services-8%w/out SLA, 10%w/SLA Adding ABBYY Manufacturer Scanning Discounts Vary Scanning Discounts-No Change There is no longer a requirement to have an active Service Level Agreement(SLA) to receive the Subscription discount. Although the MCCi Services Discount is still 10% with an SLA, without it is only 5% (versus the 8%it is today), so we can be in compliance with our other purchasing vehicles. Proposal Forms COMM/Svcs v.12.19.2019 Page 27 of 62 . �M.HIA�o II City S-cretary Office ® y Official Recce Copy DCooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 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. MM3 LLC Company Name Donald Barstow, President & CEO Signature of Authorized Company Official Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 28 of 62 City Secretary Office ® ° y Official Record Co Board py D. WCoaperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 ' PH: 800-695-2919 ' FAX: 800-211-5454 ' buyboard.com 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 wendyc@ BuyBoard#544-17: 1.Corpus Christi,TX Wendy Contreras 361.826.1834 cctexas.com Software:7% 1 Support: 10% $81,554.90 dharris@ BuyBoard#544-17: 2,Brazos County,TX Desmond Harris 979.361.4565 brazoscountytx.gov Software:7% 1 Support: 10% $95,005.35 li mstratta@ BuyBoard#544-17: 3.BrYan,TX Mary Lynn Stratta 979.209.5002 brYantx. ov Software:7% ISuPPort: 10% $81,487.35 jboozer@ BuyBoard#544-17: Galveston TX Jim Boozer 409.797.3528 Software:7% Support: 10% 42 595.70 4. galvestontx.gov I PP $ IeighJohnson@ BuyBoard#544-17: 5,Prosper,TX Leigh Johnson 972.569.1150 prosperbc.gov Software:7% 1 Support: 10% $52,425.20 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. MCCi, LLC Compa me Sign re of Authorized C pany Official Donald Barstow, President & CEO Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 29 of 62 ��,c��ti5 CitySecretary Office ® � y Official icial Recoerd Copy PVC00perative rExP=Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com MARKETING STRATEGY For your Proposal to be considered, you must submit the Marketing y yo Strategu will use if the Cooperative accepts all or part of your Proposal. !(Example: Explain how your company wil/initially inform Cooperative.7nembers of your BuyBoard ,contract,and how you will cont/nue to support the Buy_Board for the duration of the contract.period) Attach additional pages if necessary. See next page. MCCi, LLC Compan ame Signature of Authorized Company Official Donald Barstow, President & CEO Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 30 of 62 City Secretary Office y M Official Record CopyMARKETING STRATEGY �rXHs MCCi has a fully-staffed marketing department that is already dedicated to executing a marketing plan for all MCCi products and services. Those current strategies and tactics will be applied to the Cooperative members. A brief description of our marketing strategy is described below: WEBSITE We currently maintain a website to draw potential clients and support our current clients.We post upcoming events and webinars to this site and also focus on strengthening our Search Engine Optimization (SEO) by using GoogleAd Words and keeping our content up to date at all times. Our website allows potential and current clients to see our solutions by industry, use case, process, and integration options. We also frequently post case studies and client success stories. VERTICAL FOCUS In addition to our focus on the public sector,we believe specific verticals within government will allow us to leverage client successes and allow for an increased number of sales rather than a broad focus on government in general.We defined our verticals based on areas we have a current client that has a success story to share: Cities and Counties School Districts ® Special Districts Licensing Boards(State Level) Law Enforcement Higher Education 0 Courts District Attorney's Offices State Agencies Human Resources 7 Elections Building Departments Finance Departments EVENTS MCCi sees our most success from our events. We strive to make the most of each to maximize leads and opportunities. TRADE SHOWS&CONFERENCES We maximize our opportunities at conferences by attending all scheduled events, providing information marketing materials at our booth and securing speaking engagements to allow us to educate attendees on our products and services. In the state of Texas,we usually attend the following: Texas Municipal Clerks Association El Texas Association of State Systems for Computing and Communications(TASSCC) 13 Texas Association of Government Information Technology Managers (TAGITM) Texas Municipal Human Resources Association a Texas Association of Business Officials GovTech Texas Public CIO R Texas Government Finance Officers Association of Texas DIR e-Records In addition to the state of Texas,we go to over 75 conferences across the country with a similar focus. MCCi LASERFICHE USER COMMUNITIES MCCi hosts User Communities as a way for our clients to come together to network and learn more about our offerings.These educational events assist in retention efforts and facilitate sales, as clients learn about new products and new ways they can utilize our solutions. We also do remote User Communities periodically through the web to help those that cannot attend onsite events. CLIENT WORKSHOPS Client Workshops are similar to a User Community, but are focused on a specific client. Our account management team focuses on conducting as many of these as possible throughout the year to provide overview training, review their current licensing,educate clients on all their solution has to offer, invite new departments or users to learn more about the solution they already have and more. These have been extremely successful in growing the size of these accounts. rCC j I RFQ 625-20: Copy-Print and Document Management Services Page 30.1 of 62 City Secret2ry ®ffice vv � r ,. r ific iae c� r� op EMAIL&DIGITAL CAMPAIGNS TFx� In addition to the events listed above and published materials,we use email and digital (social media) marketing as a way to market to current and potential clients. If MCO is chosen as a vendor,we will focus on educating our staff on the contract in order to make sure we maximize the use of it in our sales process.This will be come a resource for us to educate prospective clients as they approach the buying phase in the sales process.We will: ® Conduct an educational session for our staff Create documentation that can be easily forwarded along to potential clients that includes all the relevant information so they can easily utilize the contract Educate prospective clients on the process r,f1fj C' RFQ 625-20: Copy-Print and Document Management Services Page 30.2 of 62 City Secretary Office ® Official Record Cop! PuGooperative,Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 ' PH: 800-695-2919 • FAX: 800-211-5454 'buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, including 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 fails 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(A one of the following: X❑ 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: N/A (Attach additional sheets if needed.) Proposal Forms COMM/SVCS v.12.19.2019 Page 31 of 62 ��,cH,ti= City Secretary Ofrice Z � Official Record Coley DCooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com B. Copyright Information Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright information? Please check(VJ one of the following_ DNO, 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"YES", identify below the specific documents or pages containing copyright information. Copyright Information: N/A (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 publicly 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. MCCi, LLC Com ny Name Signature of Authorized Company Official Donald Barstow, President & CEO Printed Name 05.13.2020 Date Proposal Forms COMM/SVCS v.12.19.2019 Page 32 of 62 ,s City Secret� ® file D. FC00perative Official Reccr Copy Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 'buvboard.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: P 9 MM, LLC (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 orservices,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(i/)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): Federal Employer Identification Number: 33-1069550 (Vendor must include a completed FRS U[/9 form with their proposal) List the Name(s)by which Vendor, if awarded,wishes to be identified on the BuyBoard: (Note: Ifdifferentthan the Name ofproposing 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.) MCCi, LLC Proposal Forms COMM/SVCS v.12.19.2019 Page 33 of 62 City Secretary Office ® 2 y Official Record Copy P. WCooperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com EDGAR VENDOR 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 200 (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 maybe applicable to specific Cooperative member purchases using federal grant funds. This completed form will be made available to Cooperative members for their use while 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 each 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 will consider and may list the Vendor's response on the BuyBoard as NO,ff 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,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 contractors 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 contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent with and 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$10,000 made using federal funds,you agree that the following term and condition shall 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 policy. 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 P P P 9 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. Proposal Forms COMM/SVCS v.12.19.2019 Page 34 of 62 CiLy DuCooperative Official R�c®rd Copy Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 . buyboard.com 3. Equal Employment Opportunity: Except as otherwise provided 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,"Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "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 3141-3144,and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor 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 wdol.gov. 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 employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act: Where applicable,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 3702 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"funding 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 COMM/SVCS v.12.19.2019 Page 35 of 62 CEt-y Secretary Office ® Z y � Offici�.� � Cfld d Copy DCooperative Purchasing 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 .buyboard.com 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act(42 USC 7401-7671q.)and the Federal Water Pollution Control Act(33 USC 1251-1387),as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awardingagency and the Regional Office of the Environmental Protection Agency (EPA). 9 cY 9 9 cY ( ) When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred,suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred,'suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) --Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment(31 USC 1352). 10. Procurement of RecoveredMaterials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. Proposal Forms COMM/SVCS v.12.19.2019 Page 36 of 62 City Secretary Office PVC00pointivaPurchasing ® Official u 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454• buvboard.com 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 ck 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 ok 11. Profit as a Separate Element of Price YES Gaul 12. General Compliance and Cooperation with Cooperative Members YES ,A� 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. MC,Ci, LLC Co pany ame Signature of Authorized Company Official Donald Barstow, President & CEO Printed Name Proposal Forms COMM/SVCS v.12.19.2019 Page 37 of 62 City Secretary Office09 Official Record Copy 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. MCCi originated from Municode, who manages the code, ordinances, and websites of more than 4,500 municipalities. In 2003 (17 years ago), the company's growth led to MCCi becoming a separate company and expanding its services to all types of government agencies and commercial businesses. 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. MCCi has been implementing complex Enterprise level software for government organizations for over 15 years. As a company, we have a large team of technical staff, ranging from software developers to system engineers and project managers. As the largest provider of Laserfiche in the Country, our technical staff handles remote and onsite training and implementations on a weekly basis 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. MCCi maintains a Line of Credit that has adequate availability in times of need. MCCi maintains adequate cash reserves at all times. To verify statements above, MCCi can produce internally prepared financial statements upon request. MCCi does not subscribe to ratings from an agency like Dun & Bradstreet; therefore, these ratings are extremely inaccurate. Our CFO, James Dandy can be contacted directly at 850.701.0725 ext. 1655 or email at idandy(c�mccinnovations.com. Proposal Forms COMM/SVCS v.12.19.2019 Page 38 of 62 p�'°"�"s City Secretary Office Z y Official Record Copy 0 Fd® q "�XP 1 WCapperative Purchasing 12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 'buyboard.com 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 an in the last 10 ears on which Proposer has defaulted failed to complete or deliver the work or Y� Y P P 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. N/A 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. NIA 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. MCCi, LLC Comp Name Signature of Authorized Company Official COMM Forms Proposal SVCS v.12.19.2019 P / Page 39 of 62 City Secretanj Office PS y Official Record Copy DuCooperative.Purchasin§ 12007 Research Boulevard 'Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 ' buvboard.com REQUIRED FORMS CHECKLIST (Please check(-V)the following) ❑X Completed: Proposer's Agreement and Signature XX Completed: Vendor Contact Information XX Completed: Felony Conviction Disclosure and Debarment Certification X Completed: Resident/Nonresident Certification X1 Completed: No Israel Boycott Certification XD Completed: No Excluded Nation or Foreign Terrorist Organization Certification XO 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 R Completed: State Service Designation 0 Completed: National Purchasing Cooperative Vendor Award Agreement 0 Completed: Federal and State/Purchasing Cooperative Experience 0 Completed: Governmental References ❑X Completed: Marketing Strategy FX-1 Completed: Confidential/Proprietary Information 0 Completed: Vendor Business Name with IRS Form W-9 Fx] Completed: EDGAR Vendor Certification 0 Completed: Proposal Invitation Questionnaire 0 Completed: Proposal Specifications (Discount /) of Catalo9/Pricelist and/or other required pricing information including Catalogs/Pricelists(or no bid response)must be submitted with proposal response or response will not be considered.) X Completed: Required Forms Checklist Proposal Forms COMM/SVCS v.12.19.2019 Page 41 of 62 Q ,�H�tio City secretary ® oce 0 flc�al Record Copy ff texas Cooperative Purchasing 12007 Research Boulevard .Austin,Texas 78759-2439 • PH: 800-695-2919 . FAX: 800-211-5454 ' buyboard.com PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers(or, if submitting a hard copy Proposal,timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). Section I: Cony and Print Services 1. Discount(%) off catalog/pricelist for Black and White Copy and Print Services. 2. Discount(%) off catalog/pricelist for Color Copy and Print Services. 3. Discount(%) off catalog/pricelist for Flyers, Brochures and Postcards(Black and White). 4. Discount(%) off catalog/pricelist for Flyers, Brochures and Postcards(Color). 5. Discount(%) off catalog/pricelist for Banners Signs and Posters(Black and White). 6. Discount(%) off catalog/pricelist for Banners Signs and Posters(Color). 7. Discount(%) off catalog/pricelist for Business Cards and Company Letterheads(Black and White). 8. Discount(%) off catalog/pricelist for Business Cards and Company Letterheads(Color). 9. Discount(%) off catalog/pricelist for Presentations and Manuals(Black and White). 10. Discount(%) off catalog/pricelist for Presentations and Manuals(Color). 11. Discount(%) off catalog/pricelist for Decals,Vehicle and Promotional Magnets(Black and White). 12. Discount(%) off catalog/pricelist for Decals,Vehicle and Promotional Magnets(Color). 13. Discount(%) off catalog/pricelist for Photo Posters and Canvas Prints(Black and White). 14. Discount(%) off catalog/pricelist for Photo Posters and Canvas Prints(Color). 15. Discount(%) off catalog/pricelist for All Types of Business Forms, NCR Forms,and Envelopes. 16. Discount(%) off catalog/pricelist for Copy and Print Finishing Services. 17. Discount(%) off catalog/pricelist for All Other Types of Copy and Print Services. Section II: Graphic Design and Layout Services 18. Hourly Labor Rate for Graphic Design and Layout Services, Not to Exceed hourly labor rate for Graphic/Design and Layout Services. (Hourly Labor Rate is inclusive of proofs to be provided prior to custom work). Section III: Document Management Services 19. Discount(%) off catalog/pricelist for Document Imaging and Data Management Services (comprehensive lifecycle management of documents and digital imaging). 20. Discount(%) off catalog/pricelist for Records Management and Storage Services(secure solutions for offsite records storage). 21. Discount(%) Off Catalog/Pricelist for Document Imaging Software(software for access to imaged information). 22. Discount(%) Off Catalog/Pricelist for Secure Document/Record Shredding Services (compliant document destruction for one-time and periodic shredding onsite or offsite). Section IV: Document Courier Services 23. Discount(%) off catalog/pricelist for Document Courier Services. Proposal Forms COMM/SVCS v.12.19.2019 Page 40 of 62 v 1 [ I (� o N i Ln Q) 0 ! fJ LL I f C f Ke �o o: of o o of of o ® Z{ Z Zi z z yiaoN � � I 11 LU I o Q 1 Q Q LU i LU i W i LU; W I j ui � t ` o 1 i l O N O v C) O j O O 0 Ln v� ' a) O U >, C V) O I C aJ C aJ C cn I C to aJ C O .L O O -0 O G Q ' O -a 'L O O N [ O D (n O` o CL O o U \ ca a m o MA U Ln d O t � to O Ln Ln N N �.. ,�;•[n u Ln O O p . 0 aJ cn !0 i L C } O C Lo +, .C; LLL m so C ti �—C to .� = I to O n 0 ! n to ti 0; to aJ I •a' m a) CU `o •— a; n u '� L ([7 . L vL 'L- - in Ln aJ cLs N UC: D aJ U •� aJ m O O aJ m O O i �. 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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, 2021-716245 MCCi, LLC Tallahassee,FL United States Date Filed: 2 Name of governmental entity or state agency that is a patty to the contract for which the form is 02111/2021 being filed. The 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. 2021-02-22-LF Laserfiche Content Management Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary CPC MCCI Holdings,LLC El Segundo, CA United States X 5 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION 1,y name is Victor D'Aurio and my date of binh is �! My address is 3717 Apalachee Parkway, Suite 201 Tallahassee , FL 32311 USA (street) (city) (stale) (zlp code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Leon county, state ( Florid _ on the 11 day or February 20 21 (month) (year) Signature of authorized agent of contrac'ung business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.uS Version V1.1.ceffd98a CERTIFICATE OF INTERESTED PARTIS City Secretary Office FORM 1295 Official Record Copy 1of1 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. 2021-716245 MCCi, LLC Tallahassee, FL United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/11/2021 being filed. The City of North Richland Hills Date Acknowledged: 03/09/2021 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. 2021-02-22-LF Laserfiche Content Management Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary CPC MCCi Holdings, LLC El Segundo, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a ADDENDUM NO. 2 TO MASTER SERVICES AGREEMENT NO. 25516 ONESPAN ORDER Pursuant to Master Services Agreement No.25516("Agreement"): This OneSpan Order, designated as Addendum No. 2 is entered into as of April 07, 2022 ("Addendum Effective Date'),by and between MCCi and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement.This Order supersedes any previous quote or proposals received. The parties agree that execution of this Addendum No. 2 extends the terms and conditions of the Cooperative Purchase Customer Agreement entered into by the parties on or about March 10,2021 ("Customer Agreement"),which is governed by BuyBoard Contract No. 625-20. The Customer Agreement shall expire on November 30, 2022, or if the BuyBoard Contract is subsequently renewed, the Customer Agreement shall have a corresponding term, expiring upon the expiration of the BuyBoard Contract. Unless otherwise authorized by Customer's City Council,payments made under the Customer Agreement shall not exceed$69,712.50 for this Addendum No.2. IN WITNESS WHEREOF,the Parties hereto have caused this Addendum No.2 to be executed by their respective duly authorized representatives as of the Addendum Effective Date. MCCi, LLC CITY OF NORTH RICHLAND HILLS("Client") E SIGNED by donny Barstow Signed: 2022 04-07 17:02:12 GMT g Signed: Name: donny Barstow Name: Title: President & CEO Title: Date: April 07, 2022 Date: Addendum No. 2 to Master Services Agreement No. 25516 Page 1 of 41 PRICING: Complete and return to: alle operri-)t'o In s 07 irn(.-(j II in-in ov�.-itio in s.(.-.o irn mcci 3717 Apalachee Parkway, Suite 201 Bill/Ship to:Alicia Richardson Tallahassee, FL 32311 A R I C 1-1 A R[IS Q.N.(�.n ................................................................................................ 850.701.0725 cc AP Contact: ARICHAR1.2SO.N.0 ................................................................................................ 850.564.7496 fax Client Name: City of North Richland Hills Quote Date: February 02, 2022 Quote Number: 22616 Quote Type: Expansion Product Description. Q ty. Unit Cost BuyBoard Annual #625-20 Total THIRD-PARTY ANNUAL SUBSCRIPTION OneSpan Sign Transactions (5,000-9,999) 5000 $1.95 N/A $9,750.00 Up to 10 documents per transaction. Laserfiche Integration requires a dedicated Laserfiche Full Named User License. Third-PartyAnnual Recurring Subscription Subtotal $9,750.00 Service Description. Q ty. Unit Cost BuyBoard Total #625-20 MCCi PROFESSIONAL SERVICES-STATEMENT OF WORK Public Portal Documents Watermark 1 $8,200.00 $7,790.00 $7,790.00 Please see detailed ExhibitA.-Statement of Work(SOW). Contract Management Solution 1 $44,075.00 $41,871.25 $41,871.25 Please see detailed Exhibit B.-Statement of Work(SOW). Onespan Deployment 1 $14,350.00 $13,632.50 $13,632.50 Please see detailed Exhibit C-Statement of Work(SOW). Sertiliki:? 17t , ($� � l 2 ($ "1 2 W11:?11::Vr1e1 t "' Professional Services Subtotal $59,962.50 TOTAL LASERFICHE PROJECT COST All Quotes Expire in 120 Days This is NOT an invoice. Please use this confirmation to initiate your purchasing process. Page 2 of 41 MICCi I Professional Services Statement of Work Ilk IIEEI C U Ilk Ilk III IN G S IEEI IIRV III C IEEI The Recurring Services portion of this Order will be based on the pricing at the time of renewal. It will systematically renew unless written notice of termination has been provided per the master agreement. In the event that a manufacturer increases its prices for recurring annual services, the increase will be passed along to the Client. No more than once per year, MCCi may adjust its recurring annual services to coincide with current U.S. inflation rates; any increase will not exceed the cumulative increase in the Consumer Price Index(CPI) occurring since the last price increase. III,,,,IIESTAX Sales tax will be invoiced where applicable and is not included in the fee quote above. Ilk IIEEI IM OT IIEEI S IEEI IIRV III C IE°I All services will be performed remotely unless noted otherwise. [remainder ofoage intentionally left blank] „ ,"I"1 ICCi ( Professional Services Statement of Work Page 3 of 41 PRODUCT ORDER TERMS MCCi will process Product Orders as follows: m mNET 32 T. 0211,101. All Software, Recurring Annual Within 30 days of receipt of Order. Support/Subscription, and Supplemental Support Services The act of MCCi processing orders determines the start date of annual Recurring Service periods. Establishment of start dates for 3rd party manufacturer products are subject to each manufacturer's current policy. BILLING TERMS MCCi will invoice Client as follows: m m Nd I. m m m All Software, Recurring Annual Ilinfitiiall Salle: Upon delivery of software or activation of the subscription. Support/Subscription, and Ji Annuall euinewalll: 75 days in advance of expiration date. Supplemental Support Services Professional Services: Defined in Statement of Work, Exhibits A, B, and C Statement of Work MCCi shall not send any invoices, nor claim payment, for any fees or expenses incurred by MCCi until both parties authorize this Order. Sales tax will be included where applicable and is NOT included in the Pricing section. „f MICCi ( Professional Services Statement of Work Page 4 of 41 M CC i ASS U II IIIII """"""IIIII0 II TECHNICAL SUPPORT Clients may contact MCCi support via MCCi's Online Support Center, email ( . ..p..p-c.rt. .rn...r.....r.i..r�..r�.r�..v.... .t.i..r�..r�.:s.:.c.r..m), or telephone 866-942-0464. Support is available Monday through Friday(excluding major holidays) from 8 am to 8 pm Eastern Time. PROFESSIONAL SERVICES CHANGE ORDER PROCESS Any deviations from the contract will be documented in a Change Order that Client must execute. CONFIGURATION ASSISTANCE Many of MCCi's packages list remote configuration assistance for up to a certain number of days. This is based on total days, not business days. TRAVEL MCCi will schedule travel in consecutive days for most engagements unless otherwise stated or agreed upon. SCHEDULING All rates are based on normal business hours, Monday through Friday from 8 am to 5 pm local time. If scheduling needs to occur after business hours, additional rates may apply. RETURN POLICY Any product returns are subject to the manufacturer's return policy. LIMITED LIABILITY If the Master Agreement is silent on each Parties' limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. PRE,,,,,EXISTING INTELLECTUAL PROPERTY (I The following products noted below are deemed Pre-existing IP as defined in the Master Agreement and are not considered "Works Made for Hire"and as such all rights,title or interest remains with MCCL Client shall retain,a non- exclusive, royalty-free, world-wide, perpetual license to use the product(s) is such product(s) is integrated into the solution purchased by Client. Laserfiche PowerPack By MCCi Laserfiche EnerGov Integration By MCCi Laserfiche Neogov Integration By MCCi GoFiche Suite for Avante/Rio/Subscription Common Web Service API for Laserfiche CLIENT SOLUTION CUSTOMIZATIONS Client may also choose to customize their system internally, without MCCi's help. MCCi is not responsible for any damages caused by the user's customization of the system not performed by MCCL MCCi will not be held responsible for correcting any problems that may occur from these customizations. Routine updates to as provided by software „ ,"I"1 ICCi ( Professional Services Statement of Work Page 5 of 41 manufacturers may affect any customizations made by entities other than MCCi. If MCCi's help is required to correct/update any customizations made by any entity other than MCCi, appropriate charges will apply. CLIENT INFORMATION TECHNOLOGY ASSI NCE For MCCi to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all MCCi installation and support services. If Client does not have "in-house" technical support, it is Client's responsibility to make available the appropriate Information Technology resources/consultant when needed. [remainder ofoage intentionally left blank] „ ,"I"1 ICCi ( Professional Services Statement of Work Page 6 of 41 ONESPAN IIII IONIS IIII To determine which licenses are applicable,please refer to the.11ric::�ag section. Clients specific implementation may not include all features below. TIRAINSACT110INS One (1)transaction can include up to 10 documents.Additional documents will result in an additional transaction. If a client exceeds their subscribed transaction total, Client will be charged at the same rate for the additional transactions. III,,,,III G II\1 III IEI IN T III, 11H Ilk IIEI II\IEWA III,,,,. If Client desires for the OneSpan subscription to align with an existing MCCi renewal, a minimum of 12 months support is required. For example, if Client's renewal date is three (3) months away, 15 months support will be billed. The OneSpan renewal will be invoiced separately from other solution renewals. [remainder of page intentionally left blank] „ ,"I"1 ICCi ( Professional Services Statement of Work Page 7 of 41 Exhibit A State me nt of Work City of North Richland Hills Public Portal Documents Watermark Issued: March 8, 2022 Valid for 30 clays 410 . MCC, TABLE OF CONTENTS Staterine int f ...... ur�llb� �� .'�::�........ ")..........................................................................................................................10 Ia llk ur o u In ...................................................................................................................................................10 ur�gdggA: Ilk ° t:ul ve s........................................................................................................................................10 Pur°c �et: t:allellcllleur°s ...................................................................................................................................11 C:oeiieraI Ilr7for r7a= :irzr7....................................................................................................................................................................................11 ...................................................................................................................... .C.CJ.................................c ..h."..!er'..I:aa�..!.:.a`;��:;!.. !7.....11„r7f o r,i-n a�.�;!. .,rn .........................................................................................................................................................11 (:.:Ueiit IDec.isioJi IM.a=�kei'.................................................................................................................................................................................11 .............................................................................................................................. .::.1..!.e'.f:7......h."..! :1.c....;:;... ::r..:er:'.b. .1. .er:'.! •:.........................................................................................................................................................................11 IN lillllest:c�lries I elllulveui-°..a k llles...........................................................................................................................12 ..................................................................................................................................................................................................... xc1.�ded d.............................................................................................................................................................................................................................................................. C:oeneraI.....................................................................................................................................................................................................12 .............................................. ssu1M.11p;;iil_c�,ii1 s........................................................................................................................................13 D,eIivc.:'..!.:a..b.1.n:'....A c,c.�:'..E:a�:a.)ngy C:riI(e ia.................................................................................................................................................................13 C:oeneraI..........................................................................................................................................................................................................13 .............................................. II.:J.J.-I it:;e'd.....II::!.a`:Pal_,it ............................................................................................................................................................................................14 r sta:�Ila=lir�r7....................................................................................................................................................................................................14 ................................................................ Rdlles es . . , Hides ..............................................................................................................................15 ........................................................................... lk.l„.I....................... ...........................................................................................................................................................................................15 .YZI12y11) F r7�irlc2yc2yr..........................................................................................................................................................................................15 EIIIII,ul,ul��, ..... , ,Il�m_^, _u�„Ile ............................................................................................................................................16 ........._.......... 1Ei. .e'°~�.....I c-;y,c-:'.... ..!..�..H.1 g Scft(edu. ke ..........................................................................................................................................................................16 Ili'"Co ess s a at:Illgl.-�....................................................................................................................................17 ........................................................................................................................................................... C.::.i:7.a1.!-]ge Qrd(er IProges.................................................................................................................................................................................17 Il..ss y IE sc..al.a iol ............................................................................................................................................................................................17 ............................................................................................ „ ,"I"'1 ICCi ( Professional Services Statement of Work Page 9 of 41 STATEMENT OF WORK ("SOW") This Statement of Work(including appendices hereto,the("SOW") is part of Client's Master Agreement with MCCi (the "Master Agreement") and will serve as an Exhibit to the Order. If there is any conflict or inconsistency between the provisions of this SOW and the Master Agreement, the provisions of the Master Agreement shall apply unless the discrepancy is specifically called out within this SOW in which case this SOW shall control solely with respect to such conflict or inconsistency.All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Master Agreement. In consideration of the foregoing and of the mutual covenants and promises set forth herein, MCCi and Client agree as follows: BACKGROUND The Client has a need to service public requests of documents related to the City's contracts.Those documents need to have a watermark applied to them,as they are not'official copies',they are mearly for public record.The watermark only needs to be applied to documents for public requests, and should not be applied to the original copies of the files.This project will deliver a Laserfiche Workflow process for adding documents to a Laserfiche directory accessible by the public.The documents will feature a watermark noting the document(s)are not official record.The project will also deliver services from MCCi to assist the Client's IT configuring WebLink for public access. Currently WebLink services internal users only. PROJECT OBJECTIVES jjj Client will receive assistance from MCCi on the configuration of WebLink for allowing Public users access to Contract documents stored in the Laserfiche Repository jjj Client will receive a Laserfiche Workflow Process for the replicating documents related to contracts for the consumption of the public Documents replicated for public consumption will feature a water mark letting the user know the document is not an official record. [remainder of page left intentionally blank] „ ,"I"1 ICCi ( Professional Services Statement of Work Page 10 of 41 PROJECT STAKEHOLDERS GENERAL INFORMATION Public Portal Documents Watermark TBD Russell Haddock M III SOW PREPARATION INFORMATION I =9111 �1 111,11,1117111,11,11,will, Nathan Whicker Solutions Architect ... ...b...'.w:. .�:..m.....2.C:].'..'..:p..n„n�-c,w �,...c:�..n�.�....'..:c:�.. :]. 800-342-2633 ext. 1564 LIES DECISION MAKE City Alicia Richardson Secretary/Chief Governance �..m:.l...'..�...�..m:.(. .;..n.. ..n..m.:.H . ..::.';c:. :7. (817)427-6061 Officer CLIENT PROJECTSTAKEHOLDERS City Alicia Richardson Secretary/Chief Governance �..m:.l...'..�...�..m:.(. .;..n.. ..n..m.:.H . ..::.';c:. :7. (817)427-6061 Officer Traci Henderson Assistant City Secretary �.H�.c'.....:�.'.m...`.4:�..n..... .n.m.:.N . ..::.':c:..C:]. (817)427-6062 Bob Weakley IT-Assistant ) Director ..... ..�:.. ..Ik.II..�...V.0 .n..m:.H. .:.':.c;.. :]. (817 427-6230 [remainder of page left intentionally blank] „ ,"I"1 ICCi ( Professional Services Statement of Work Page 11 of 41 MILESTONES & DELIVERABLES mu #1:WebLink MCCi while remotely accessing the Client's system will provide assistance to the Configuration for Public Client's IT staff in configuring WebLink for Public access to Contract documents. Access Currently d/,c;,, „;;;;;ii„n ,lk,,,,ii,,,,,,,°;c�,n„fii„ _Led for public access to Conflict of Interest Documents. The public users will be granted access to Contract documents replicated to the same repository where Conflict of Interest documents are housed. Public users will be able to access Contract documents via a link on the WebLink landing page. Upon accessing the link, the user will be taken to a WebLink search screen where they can search for contracts based on the assigned contract metadata. #2: Laserfiche MCCi while remotely accessing the Client's system will deliver a Laserfiche Workflow Workflow Process for process for the replication of contract documents to an area of Laserfiche available to Public Documents the public.The documents will feature a water mark signifying the document(s)are not an official record. #3: Client Testing Client Testing Team will execute User Acceptance Testing("UAT"). Client is responsible for fully testing configurations prior to going live. #4: System Handoff Client will go live with the system. EXCLUDED GENERAL ji MCCi is not responsible for assigning an external URL for any web-based platform/software module. ji MCCi is not responsible for creating or maintaining a backup and recovery plans. ji MCCi is not responsible for creating training documentation. ji MCCi is not responsible for final testing including, but not limited to configuration changes made by Client's team prior to system Handoff. ji Except where specifically noted, no custom coding is included; configuration work is restricted to the capabilities associated with the out-of-the-box solution. MCCi is not responsible for anything not expressly included in this SOW. „ ,"I"1 ICCi ( Professional Services Statement of Work Page 12 of 41 SOW ASSUMPTIONS The following assumptions serve as the basis for this SOW. Any service or activity not described in this SOW is not included in the Scope of services to be provided. Variations to the following may impact the SOW's cost and/or schedule justifying a Change Order(defined below). DELIVERABLE ACCEPTANCE CRITERIA MCCi's completion of a Deliverable to Client shall constitute that MCCi has conducted its own review and believes it meets Client's requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after MCCi's submission to give written notice to MCCi specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such deficiencies, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. GENERAL Client agrees that the work schedule described herein represents MCCi's current best estimate and is subject to possible change due to circumstances beyond MCCi's direct control and/or new or additional information discovered during the course of the project. Further, Client understands and acknowledges that MCCi's ability to meet such work schedule is dependent upon, among other things, the accuracy of the assumptions and representations made by Client, the timeliness of Client business decisions, and the performance of Client and Client's vendor personnel in meeting their obligations for this project and in accordance with this SOW. If either party identifies a business issue during the project, MCCi and Client must jointly establish a plan to resolve the issues with a potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request. Client shall provide MCCi accurate data throughout the requirements gathering process. Client is responsible to ensure that adequate hardware/infrastructure is in place and capable of handling the extra resources that may be required to support the Business Process Configuration, related software, etc. Any additional software licensing needs related to this service/process configuration have not been considered or included as part of this SOW. Client is responsible for ensuring that the required software licensing is available. If the Services require MCCi to access or use any third party software products provided or used, Client warrants that it shall have all rights and licenses of third parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims,actions,demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees) to the extent arising from MCCi's access to or use of such third party products. M Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may result in a Change Order for time spent by MCCi on retraining, reeducating, or changes in direction. M Through the course of this project, MCCi may choose to utilize the third-party service Asana (http://www.asana.com)for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Asana. ICCi ( Professional Services Statement of Work Page 13 of 41 I'1 Ji Client will ensure that all Client's personnel who maybe necessary or appropriate for the successful performance of the Services will, on reasonable notice: (i) be available to assist MCCi' personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the Services as reasonably necessary for performance under this SOW; and (iii) be available to assist MCCi with any other activities or tasks required to complete the Services in accordance with this SOW. Ji The Post-Implementation Configuration Assistance is intended to incur no more than 10 hours over the 30-day period.This assistance is intended to aid in transitioning Client to MCCi Support. Ji All Services pricing assumes the Client will grant MCCi unattended access to the required infrastructure for the project. Failure to provide this access can result in a Change Order increasing the cost to the Client and the timeline of the project. Ji Publicly facing web server will be in place prior to the initialization of the project LIMITED LIABILITY If the Master Agreement is silent on each Parties' limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. INSTALLATION Ji Client shall be responsible for setting up, testing, configuring, and otherwise managing users and user group security, privileges,feature rights, and access rights. Ji Client shall provide support for any API-related configurations and integrations being developed by its team or third parties. Ji Client shall identify users participating in the business processes and ensure that appropriate user licensing has been acquired/assigned to them based on their role. MCCi's technical team will be provided unattended remote access to Client's applicable servers during the duration of the project outlined in this SOW. [remainder of page left intentionally blank] ICCi ( Professional Services Statement of Work Page 14 of 41 I'1 ROLES & RESPONSIBILITIES PROJECT MANAGER Responsible for planning, organizing, managing, controlling, and facilitating communicating all phases of the project. Will work with project resources to ensure accurate scoping and timely delivery of project. SYSTEM ENGINEER Responsible for integrating project technical aspects and making information relatable to non-technical personnel. Will work through each phase of the given system and process, from plan along with expansion to validation and operation,on measurable risk assessment, regularly concentrating on performance,testing,scheduling,and budgets. ICCi ( Professional Services Statement of Work Page 15 of 41 I'1 BILLING SCHEDULE FIXEDFEE BILLING SCHEDULE MCCi will bill Client based on the schedule defined below and will bill for actual out of pocket expenses incurred on a monthly basis. Kick Off $3,895 Project Close- Final Acceptance $3,895 Total: $7,790 If Client cancels this SOW between completed milestones in accordance with the Master Agreement, MCCi may invoice Client for a pro-rated share of the uncompleted milestone(s) for services actually performed through the effective date of such termination. „ ,"I1'ICCi ( Professional Services Statement of Work Page 16 of 41 PROCESS & ESCALATION CHANGE ORDER PROCESS A Change Order is defined as a modification to the original contract price to complete Deliverables outlined in the SOW or a revised SOW to describe work required to fulfil the SOW.As this project progresses, it may be necessary to amend this SOW. Client understands that any change to this initial SOW will affect the fee and may extend the project completion date. If changes are required, Client will send a written request to MCCi outlining the requested change(s). MCCi will assess the change(s)and provide Client with a formal Change Order request.This Change Order will include the details of the scope change, as well as any additional cost that may be necessary in order to implement the same. It may be necessary to halt work on this project while Client reviews the Change Order request. After reviewing and approving the Change Order request, Client must return a signed copy to MCCi before work may proceed on the project. ISSUE ESCALATION Client may use the following contact information for resolution and escalation of any unresolved issues and tasks. MCCi will acknowledge escalations in writing and include steps toward resolution. Rick Carmona Director of Professional 800-342-2633 Ext. 1745 rcarmona@mccinnovations.com Services, MCCi „ ,"I"1 ICCi ( Professional Services Statement of Work Page 17 of 41 Exhibit B State me nt of Work City of North Richland Hills Contract Management Solution Issued: March 8, 2022 . , m C C TABLE OF CONTENTS Statementof Work("SOW")........................................................................................................................20 Background...................................................................................................................................................20 ProjectObjectives........................................................................................................................................20 ProjectStakeholders ...................................................................................................................................21 GeneralInformation....................................................................................................................................................................................21 MCCiSOW Preparation Information .........................................................................................................................................................21 ClientDecision Maker.................................................................................................................................................................................21 ClientProject Stakeholders........................................................................................................................................................................21 Milestones & Deliverables...........................................................................................................................22 Excluded........................................................................................................................................................................................................23 General..........................................................................................................................................................................................................23 SOWAssumptions........................................................................................................................................24 DeliverableAcceptance Criteria.................................................................................................................................................................24 General..........................................................................................................................................................................................................24 Installation....................................................................................................................................................................................................25 Roles & responsibilities...............................................................................................................................26 ProjectManager...........................................................................................................................................................................................26 SystemEngineer..........................................................................................................................................................................................26 BillingSchedule............................................................................................................................................27 FixedFee Billing Schedule ..........................................................................................................................................................................27 Process & Escalation....................................................................................................................................28 ChangeOrder Process................................................................................................................................................................................28 IssueEscalation............................................................................................................................................................................................28 AppendixA....................................................................................................................................................29 Item#1 -Contract Management Solution ...............................................................................................................................................29 Item#2-Custom Laserfiche Stamp.........................................................................................................................................................30 Item#3-Configuration With OneSpan Sign for Digital Signatures......................................................................................................31 „ ,"I1'ICCi ( Professional Services Statement of Work Page 19 of 41 STATEMENT OF WORK ("SOW") This Statement of Work(including appendices hereto,the ("SOW") is part of Client's Master Agreement with MCCi and will serve as an Exhibit to the Order. If there is any conflict or inconsistency between a term within this SOW and the Master Agreement,the definition within the Master Agreement shall apply unless the discrepancy is specifically called out within this SOW at which time the term of this SOW shall control solely with respect to such conflict or inconsistency. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Master Agreement. In consideration of the foregoing and of the mutual covenants and promises set forth herein, MCCi and Client agree as follows: BACKGROUND Client is a current user of Laserfiche and would like to standardize the intake, review, approval, and execution of contracts received by the organization. Laserfiche Forms will be used as the primary driver for the submission and approval of contracts. The solution will also feature a custom stamp that will be applied to each executed contract. Much of the current process is paper driven with documents filed into Laserfiche after contract execution. The implementation of this solution will standardize the submission and approval process while also providing administrators better oversight of the overall process flow. PROJECT OBJECTIVES jjj Discovery and Review of the current process flow for Contract Approvals jjj Creation and Implementation of a Laserfiche Forms for Contract approvals jjj Creation and Implementation of an approval process for submitted contracts within Laserfiche Forms jjj Filing Workflow process for submitted contracts Features custom stamp applied to each executed contract jjj Solution Testing(Alpha/UAT) Training on the administration of the Contract Approval Process „ ,"I"1 ICCi ( Professional Services Statement of Work Page 20 of 41 PROJECT STAKEHOLDERS GENERAL INFORMATION rill si,mi '! Contract Management Solution TBD Russell Haddock M III SOW PREPARATION INFORMATION I =9111 �1 r,11,11i rill III,,mill, Nathan Whicker Solutions Architect n�.r�r.N�.i..';I�....m.:C . :7..'...'w:.p..n .n..caw. ..p-c;..n�..�....'.w:.c;..�:]. (800) 342-2633 ext. 1564 CLIENT DECISION MAKE City Alicia Richardson Secretary/Chief Governance �..m:.l...'..�...�..m:.(. .;..n.. ..n..m.:.H . ..::.';c:. :7. (817)427-6061 Officer CLIENT PROJECTSTAKEHOLDERS City Alicia Richardson Secretary/Chief Governance ..m:.11.'..:�. ..m:.(. .4:..n.(., ..n..m.:.N . ..::.':c:. :7. (817)427-6061 Officer Traci Henderson Assistant City Secretary .H .:..n.(:.;..m.:..:..n.. ..n.m.:.H . ..::.';c:.. :]. (817)427-6062 Bob Weakley IT-Assistant Director ....�.°�4-�'. ..Ik,11..c'.y( .n..m:.H. .,.°;.c;..tt;7. (817)427-6230 „ ,"I"1 ICCi ( Professional Services Statement of Work Page 21 of 41 MILESTONES & DELIVERABLES ICU #1: Project Discovery MCCi Project Manager will review with the Client the current process flow for Contract and Review Approvals at the Client and create timeline for completion to include an additional process discovery. #2: Creation of MCCi will create and implement the Laserfiche Forms required for the processes Laserfiche Forms for associated with Contract Management outlined in Appendix A.The processes are for Contracts the Intake, Review,Approval, and Execution of contracts. #3: Creation of Forms MCCi will create and implement the Laserfiche Forms Processes required for the Approval Processes for process associated with Contract Management outlined in Appendix A.The process Contracts diagram in Appendix A showcases the different areas of Intake, Review,Approval, and Execution within the organization to be executed within Laserfiche Forms. Ji OneSpan Sign will be configured for the capture of Digital Signature for contract execution Ji An option on the Form will be given for Wet Signatures to be collected based on the discretion of the Contract Administrator for the organization #4: Filing Workflow for MCCi will create and implement a Filing Workflow Process for the contracts, Submitted Contracts attachments, amendments, and approval form output from Laserfiche Forms and stored within the organization's Laserfiche Repository. Ji A custom Laserfiche stamp will be applied to each executed contract The custom stamp image will be applied to the signature page of the contract #5:Alpha Testing MCCi will complete Alpha testing of the delivered solutions to ensure they function based upon the outlined design. #6: Client Testing Client Testing Team will execute User Acceptance Testing(UAT). Client is responsible for fully testing configurations prior to going live. #7: Business Process MCCi Project Manager will conduct remote"Frain the Trainer"style training with the Training "Testing Team"to understand how the completed Business Process functions. "Testing Team" members will then be able to train the necessary end users on how to participate in the Business Process. #8: System Handoff Client will go live with the system. #9: Custom Video of MCCi will create a custom video of entire business process after User Acceptance Business Process Testing has been verified as complete.The video will be hosted on Client's Training Center for Laserfiche account for retrieval purposes. Notes: MCCi will only record one (1)video. It is a prerequisite that Client subscribes to Training Center for Laserfiche for this Deliverable to be completed. #10: 30-Day Post- MCCi Project Team will continue to be available for 30-days [or Not to Exceed 10 Implementation hours] after System Handoff.This time should be leveraged by Client for minor Configuration modifications, assistance with deployment, strategy meetings, etc. Assistance „ ,"I"1 ICCi ( Professional Services Statement of Work Page 22 of 41 EXCLUDED GENERAL ji MCCi is not responsible for assigning an external URL for any web-based platform/software module. ji MCCi is not responsible for creating or maintaining a backup and recovery plans. ji MCCi is not responsible for creating training documentation. ji MCCi is not responsible for final testing including, but not limited to configuration changes made by Client's team prior to System Handoff. Except where specifically noted, no custom coding is included; configuration work is restricted to the capabilities associated with the out-of-the-box solution. „ ,"I"1 ICCi ( Professional Services Statement of Work Page 23 of 41 SOW ASSUMPTIONS The following assumptions serve as the basis for this SOW.Any service or activity not described in this SOW is not included in the Scope of services to be provided. Variations to the following may impact the SOW's cost and/or schedule justifying a change order. DELIVERABLE ACCEPTANCE CRITERIA MCCi's completion of a Deliverable to Client shall constitute that MCCi has conducted its own review and believes it meets Client's requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after MCCi's submission to give written notice to MCCi specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such deficiencies, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. GENERAL Client agrees that the work schedule described herein represents MCCi's current best estimate and is subject to possible change due to circumstances beyond MCCi's direct control and/or new or additional information discovered during the course of the project. Further, Client understands and acknowledges that MCCi's ability to meet such work schedule is dependent upon, among other things, the accuracy of the assumptions and representations made by Client, the timeliness of Client business decisions, and the performance of Client and Client's vendor personnel in meeting their obligations for this project and in accordance with this SOW. If either party identifies a business issue during the project, MCCi and Client must jointly establish a plan to resolve the issues with potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request. Client shall provide MCCi accurate data throughout the requirements gathering process. Client is responsible to ensure that adequate hardware/infrastructure is in place and capable of handling the extra resources that may be required to support the Business Process Configuration, related software, etc. Any additional software licensing needs related to this service/process configuration have not been considered or included as part of this SOW. Client is responsible for ensuring that the required software licensing is available. If the Services require MCCi to access or use any third party software products provided or used, Client warrants that it shall have all rights and licenses of third parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims,actions,demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees) to the extent arising from MCCi's access to or use of such third party products. M Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may result in a change order for time spent by MCCi on retraining, reeducating, or changes in direction. M Through the course of this project, MCCi may choose to utilize the third-party service Asana (http://www.asana.com)for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Asana. Client will ensure that all Client's personnel who may be necessary or appropriate for the successful performance of the services will, on reasonable notice: (i) be available to assist MCCi' personnel by answering business, technical and operational questions and providing requested documents,guidelines and procedures in a timely „ ,"I"1 ICCi ( Professional Services Statement of Work Page 24 of 41 manner; (ii) participate in the services as reasonably necessary for performance under this SOW; and (iii) be available to assist MCCi with any other activities or tasks required to complete the services in accordance with this SOW. The Post-Implementation Configuration Assistance is intended to incur no more than 10 hours over the 30-day period.This assistance is intended to aid in transitioning Client to MCCi Support. M All Pro Services pricing assumes the client will grant MCCi unattended access to the required infrastructure for the project. Failure to provide this access can result in a change order increasing the cost to the client and the timeline of the project. OneSpan Sign Tool will already be installed and configured prior to the initialization of this project All users participating in this process will either but a Full Named or Participant Laserfiche User M Record series governing contracts will used at the storage location for approved contracts. M Records series and RME configurations for contracts will be configured via separate project. INSTALLATION Client shall be responsible for setting up, testing, configuring, and otherwise managing users and user group security, privileges, feature rights, and access rights. Client shall provide support for any API-related configurations and integrations being developed by its team or other third parties. Client shall identify users participating in the business processes and ensure that appropriate user licensing has been acquired/assigned to them based on their role. MCCi's technical team will be provided unattended remote access to Client's applicable servers during the duration of the project deliverables outlined in this SOW. „ ,"I"1 ICCi ( Professional Services Statement of Work Page 25 of 41 ROLES & RESPONSIBILITIES PROJECT MANAGER Responsible for planning, organizing, managing, controlling, and communicating all phases of the project. Will work with project resources to ensure accurate scoping and timely delivery of project. SYSTEM ENGINEER Responsible for integrating project technical aspects and making information relatable to non-technical personnel. Will work through each phase of the given system and process, from plan along with expansion to validation and operation, on measurable risk assessment, regularly concentrating on performance, testing, scheduling, and budgets. „ ,"I"1 ICCi ( Professional Services Statement of Work Page 26 of 41 BILLING SCHEDULE FIXED FEE BILLING SCHEDULE .... MCCi will bill Client based on the schedule defined below and will bill for actual out of pocket expenses incurred on a monthly basis. ZI: Kick Off $4,187.13 Progress Billing 1 $10,467.81 Progress Billing 2 $10,467.81 Progress Billing 3 $10,467.81 Project Close- Final Acceptance $6,280.69 Total: $41,871.25 If Client cancels this SOW between completed milestones in accordance with the Master Agreement(defined herein), MCCi may invoice Client for a pro-rated share of the uncompleted milestone(s) for services actually performed through the date of such termination. „ ,"MICCi ( Professional Services Statement of Work Page 27 of 41 PROCESS & ESCALATION CHANGE ORDER PROCESS A Change Order is defined as a modification to the original contract price to complete deliverables outlined in the SOW or a revised SOW to describe work required to fulfil the original contract. As this project progresses, it may be necessary to amend this SOW. Client understands that any change to this initial SOW will affect the fee and may extend the project completion date. If changes are required, Client will send a written request to MCCi outlining the requested change(s). MCCi will assess the change(s) and provide Client with a formal Change Order Request. This Change Order will include the details of the scope change, as well as any additional cost that may be necessary in order to implement. It may be necessary to halt work on this project while Client reviews the Change Order Request.After reviewing and approving the Change Order Request, Client must return a signed copy to MCCi before work may proceed on the project. ISSUE ESCALATION Client may use the following contact information for resolution and escalation of any unresolved issues and tasks. MCCi will acknowledge escalations in writing and include steps toward resolution. Rick Carmona Director of Professional Services, MCCi 850-701-0725 Ext. 1745 irv..c a i'...fl:7o.Iia�.. i-1 cc..i„i)ii,r bra;tiro„r„7,SC0.1-1. „ ,"I"1 ICCi ( Professional Services Statement of Work Page 28 of 41 APPENDIX ITEM 1 ,,,,,,,,, CONTRACT NAG E M E NT SOLUTION Client was shown the Contract Management demo process featuring Laserfiche, Laserfiche Forms, Laserfiche Workflow, and OneSpan Sign. The process to be delivered as a part of this project will feature the aspects of that demonstration. The process begins with the Contract Routing Form to determine the type of contract being reviewed/approved. The Contract process has 4 stages - Submission, Draft, Review/Approval, and Signature Execution. The Submission stage collects the relevant information related to the submitted contract. If a vendor contract has been received it can be attached to the submission. Once submitted, it will route to Client's designated Contract Administrator who will determine the routing and approval path for the submitted contract. This process will feature up to 4 levels of approvals for Client's Contract Routing process. Once the routing and approval path is determined by the contract administrator, the Form routs to the approvers to review the Contract and approve or request revisions. After all approvals are complete the contract routs back to the Contract Administrator who will determine the signatures required to be collected for the specific contract. Once signatures are collected, the submitted Form, associated approval information and signed contract are all stored within Laserfiche.The storage to Laserfiche will include filing the contract and associated documents to a directory governed by RME. SCREENSHOTS q iiL.MTLT TLC New Contract Re uest 1' Pk,,a fill o.[the fi)11-di q I rr r i Wq. a .cc,rill a I a r 9 ii;m,:fill, or 1rnet.RH VA"RI 1, r Jeer Fk imiap C1ei—"'. Re,r.Iii Details R axqucasB.gnr" Igraq u-linp C)q-t,no ant CoMrad Title* Prcenruty 1 2 3 A Ce>r lad Type'l H-dree.wil ulµ©rtyl alr.hi,J a,.ocrnt¢rmrc:d?tl1 L. Yes:'No F"lease ruhl-d any agrnciunmeft fl am rtalWd bra the c-M cf(e-g cg-i-rxrurerxprvnerkeurr;ww,W,) �..I Il.it ad Effe rive Dane Cxplfa6o7 Del,` r. „ ICCi ( Professional Services Statement of Work Page 29 of 41 I' ADDENDUM NO. 2 TO MASTER SERVICES AGREEMENT NO. 25516 ONESPAN ORDER ITEM #2 ,,,,,,,,, CUSTOM LASE R I C H E STAMP The solution will incorporate the City Seal stamp (screenshot below)for each executed contract. Once all signatures are collected on a contract, the stamp will be applied to the signature page of the document. Workflow will be used in order to apply the signature to the designated signature page of the document. The second screenshot below shows how the stamp is currently applied to executed contracts. SCREENSHOTS y10Vt r% ot SO% 'P �?* N� i%+• M *TrY/I�li�Pt� Ii."gCOWG¢vemmeats¢I¢t-,fe,CrsdIp.,rtl n his Vehlclea 2W:I-Laa-he - e x his Edit View Tazkz Ann¢tationa T-1, Wind¢w Help Thumbnails 4 x Image ,1 4 x Metecafa 4 x .. x=]IAS1,01111 y leas Narroe:Arta Sraetl ..."". ." .. .... .... ... .i...„ . APPROVED: Nle: Manager,Program Management Template: .;S I I I D29La: G/2'1l21 By t Tip. /Dire asing Manager contracts Leases[Agre—nfe 9 Dap D n�ent Llata Dy. .. I4/tz/202t .... ...�..�- enn,n,atee rr�� rlr tuber --- --- -- --- ---APPROVED: 121 BY -ark Hlmtlrcoxn,CiPY Mlamager uirsrrr.r,,, '9a_ CS index Card h(rx ATTEST; J- p p nfs 'M O Q� P fCr dl t I. t d J t d f r 'ir,p pa rt—t,ell fmm CON/G Wert LLCi,thi,comb red V L�nt of S39-053 52 T GIR C ntra[t N PIR TSO 4239 and AIICa RIChendROfl «�"� �GJ -.-.- 9-,eX -.-. -.-.- -. City Sea 1'y!Ch,=f Ggvenrs%;e fficer y^�.` 3 CS Index Card-'fibs rrr rnr+ App ed APPROVED vO POR D 4E:GAl,ITY: motes -.- -.- -. -.- -.- alaehda f3,MFG—r Vs.City Alt0r ,V 4 CS Index Card-Building /YJp L V NRHI Council A01, NI LL Cabinet Uste Apprav,,d Agenda Ne_ Shelf/Box OW/Ria,No etenticn Series t t l PB od v LA+3 veare + NRH(i ENDERSON)Image ZM7x 3331,300x 300 DPI Pa9e2 of 51 ITEM #3 ,,,,,,,,, CONFIGURATION WI T H ONESPAN SIGN FOR DIGITAL I „ N T R U The Client will need the option to either collect signatures digitally via OneSpan Sign or collect Wet Signatures for a contract. The Contract Administrator for the organization will make the determination for the specified contract. OneSpan Sign will be configured with Laserfiche Workflow in order to allow for specified signatories from Laserfiche Forms to be notified they are required to sign a contract via OneSpan Sign. The screenshots below show where in Forms the signatories are specified. Once the Form is submitted, the signatory information is handed to Laserfiche Workflow, where the signature fields are applied to the contract and the signatories are notified their signature is required. Once signatures are collected the signed copies are filed into Laserfiche. SCREENSHOTS New�r�n�ract S�Signing Information� � Y .... r- 71. u..ivl r it ta,r; ,a,,. Iw P; irry,ily m� ,,cel it lr,TI vul .a.. <,� n ��NVVVVIDnIIVNIVI�VI�IVIVIVVNV��U I Irrwp;arr, n dtNl @LL lid Flowo'ww�-ltyou Ika ,w9i y amo'p " ... ^w IT q ,al, Upfi rl pnxd w .,, ,—^ rw ' .. Uvfc,apHn (.e9a I.p .. IYI I J I4�II lt�dR H°u W6al oll9r h)gyn+el Fry WraRpwklye°paP1m.'Y rMll h r,r,rrl 3r,A'rYl rl mlr n ,14 U,yr S ptl w!q 5 p Y N T Ci °....? �I 'I"r rlr A,n.s, Contract C1S°CaHs mm 7 vI,W� IU o J MICCi ( Professional Services Statement of Work Page 31 of 41 Exhibit C State me nt of Work City of North Richland Hills OneSpan Deployment Issued: March 8, 2022 Valid for 30 clays 410 . MCC, TABLE OF CONTENTS Statementof Work("SOW")........................................................................................................................34 Background...................................................................................................................................................34 ProjectObjectives........................................................................................................................................34 ProjectStakeholders ...................................................................................................................................35 GeneralInformation....................................................................................................................................................................................35 MCCiSOW Preparation Information .........................................................................................................................................................35 ClientDecision Maker.................................................................................................................................................................................35 ClientProject Stakeholders........................................................................................................................................................................35 Milestones & Deliverables...........................................................................................................................36 Excluded........................................................................................................................................................................................................36 General..........................................................................................................................................................................................................36 SOWAssumptions........................................................................................................................................37 DeliverableAcceptance Criteria.................................................................................................................................................................37 General..........................................................................................................................................................................................................37 Installation....................................................................................................................................................................................................38 Roles & responsibilities...............................................................................................................................39 SystemEngineer..........................................................................................................................................................................................39 BillingSchedule............................................................................................................................................40 FixedFee Billing Schedule...........................................................................................................................................................................40 Process & Escalation....................................................................................................................................41 ChangeOrder Process................................................................................................................................................................................41 IssueEscalation............................................................................................................................................................................................41 � , I1"ICCi ( Professional Services Statement of Work Page 33 of 41 STATEMENT OF WORK ("SOW") This Statement of Work(including appendices hereto,the("SOW") is part of Client's Master Agreement with MCCi and will serve as an Exhibit to the Order. If there is any conflict or inconsistency between a term within this SOW and the Master Agreement,the definition within the Master Agreement shall apply unless the discrepancy is specifically called out within this SOW at which time the term of this SOW shall control solely with respect to such conflict or inconsistency. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Master Agreement. In consideration of the foregoing and of the mutual covenants and promises set forth herein, MCCi and Client agree as follows: BACKGROUND In an effort to better digitize and automate the signature capture process for documents, Client engaged with MCCi to onboard a digital signature solution. Client reviewed the OneSpan Sign platform and discussed a variety of use cases. This project will look to deliver the OneSpan Sign solution configured with a process for allowing the capture of digital signatures on documents. By implementing this solution, Client will gain access to a powerful, secure, and efficient digital signature platform. Client will also streamline a process that is currently manual for many different groups of users, gaining better efficiencies and overall insight into the processes. PROJECT OBJECTIVES Implementation of OneSpan Sign Digital Signature Tool: Install and Configure Laserfiche Connector for OneSpan Configure one signing template Design, build and deploy Signing Process using Workflow to send documents for signature and receive callback when signing complete Provide OneSpan Sign Overview/Training Provide LF Connector for OneSpan Overview/Training ICCi ( Professional Services Statement of Work Page 34 of 41 I'1 PROJECT STAKEHOLDERS GENERAL INFORMATION rill si,mi '! OneSpan Sign Deployment TBD Russell Haddock M III SOW PREPARATION INFORMATION Nathan Whicker Solutions Architect n.v....a+.a�............ :..m.:..( .. ;°..n..n-c.w .ii.c..n . .:,.°.c..tt:7. (800) 342-2633 ext. 1564 LIES DECISION MAKE I III, Alicia Richardson City Secretary/Chief Governance Officer - - --c..�.,.,o„n,( ,n .,m;,H °.;,c„tt;7. (817)427-6061 CLIENT PROJECTSTAKEHOLDERS Alicia Richardson City Secretary/Chief Governance Officer - `h.- --c..�.,.,o„n,( ,n .,m;,H °.;,c„tt;7. (817)427-6061 Traci Henderson Assistant City Secretary .H .:..n.(:.;..m.:..:..n.. ..n.m.:.H . ..::.';c:.. :]. (817)427-6062 Bob Weakley IT-Assistant Directorua+.c;. .Ik.II.c:.. .. ..n .m.:.H . ..::.°;c.tt:7.. (817)427-6230 ICCi ( Professional Services Statement of Work Page 35 of 41 I'1 MILESTONES & DELIVERABLES 111111 M1111111 11111 111111 miII11111i ill 111111 i mu #1: Implementation of OneSpan Sign #1.1: Install and MCCi Project Manager while remotely accessing Client's system will install and Configure Laserfiche configure the Laserfiche Connector for OneSpan. This will enable the organization Connector for OneSpan the ability to both automate signature collection via Workflow activities as well as initialize signature ceremonies manually via the plugin for the Laserfiche Web Client. #1.2: Configuration of MCCi Project Manager while remotely accessing Client's system will configure one (1) Signature Template signature template for use within the OneSpan Sign Digital Signature tool. The signature template for this project deployment will be focused on Contract Management. #1.3: Design, Build and MCCi Project Manager while remotely accessing Client's system will implement the Deploy Signing Process Workflow activities and configurations required to send documents for signature and using Workflow to send receive call back from OneSpan once signing ceremony is complete. The initial documents for deployment of OneSpan will be focused on the organization's existing Contract signature and receive Management process. callback when signing complete #1.4: OneSpan Sign MCCi Project Manager while remotely accessing Client's system will provide an Overview Training overview and training on OneSpan Sign, collection of digital signatures, white-labeling the signature process, and managing the organization's OneSpan Sign configuration. #1.5: OneSpan Sign MCCi Project Manager while remotely accessing Client's system will provide training Laserfiche Connector on the Laserfiche Connector for OneSpan, focusing on the plugin for the Laserfiche Training Web Client and the custom Workflow activities for OneSpan. The training will be used to teach organizational administrators who signature ceremonies can be initialized ad hoc via the Web Client or automated using the OneSpan activities in Laserfiche Workflow. EXCLUDED GENERAL Ji MCCi is not responsible for assigning an external URL for any web-based platform/software module. Ji MCCi is not responsible for creating or maintaining a backup and recovery plans. Ji MCCi is not responsible for creating training documentation. Ji MCCi is not responsible for final testing including, but not limited to configuration changes made by Client's team prior to System Handoff. Except where specifically noted, no custom coding is included; configuration work is restricted to the capabilities associated with the out-of-the-box solution. ICCi ( Professional Services Statement of Work Page 36 of 41 I'1 SOW ASSUMPTIONS The following assumptions serve as the basis for this SOW. Any service or activity not described in this SOW is not included in the Scope of services to be provided. Variations to the following may impact the SOW's cost and/or schedule justifying a change order. DELIVERABLE ACCEPTANCE CRITERIA MCCi's completion of a Deliverable to Client shall constitute that MCCi has conducted its own review and believes it meets Client's requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after MCCi's submission to give written notice to MCCi specifying the deficiencies in reasonable detail. MCCi shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such deficiencies, MCCi shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. GENERAL Client agrees that the work schedule described herein represents MCCi's current best estimate and is subject to possible change due to circumstances beyond MCCi's direct control and/or new or additional information discovered during the course of the project. Further, Client understands and acknowledges that MCCi's ability to meet such work schedule is dependent upon, among other things, the accuracy of the assumptions and representations made by Client, the timeliness of Client business decisions, and the performance of Client and Client's vendor personnel in meeting their obligations for this project and in accordance with this SOW. If either party identifies a business issue during the project, MCCi and Client must jointly establish a plan to resolve the issues with potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request. Client shall provide MCCi accurate data throughout the requirements gathering process. Client is responsible to ensure that adequate hardware/infrastructure is in place and capable of handling the extra resources that may be required to support the Business Process Configuration, related software, etc. Any additional software licensing needs related to this service/process configuration have not been considered or included as part of this SOW. Client is responsible for ensuring that the required software licensing is available. If the Services require MCCi to access or use any third party software products provided or used, Client warrants that it shall have all rights and licenses of third parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims,actions,demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees) to the extent arising from MCCi's access to or use of such third party products. M Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may result in a change order for time spent by MCCi on retraining, reeducating, or changes in direction. M Through the course of this project, MCCi may choose to utilize the third-party service Asana (http://www.asana.com)for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Asana. Client will ensure that all Client's personnel who may be necessary or appropriate for the successful performance of the services will, on reasonable notice: (i) be available to assist MCCi' personnel by answering business, technical and operational questions and providing requested documents,guidelines and procedures in a timely „ ,"I"1 ICCi ( Professional Services Statement of Work Page 37 of 41 manner; (ii) participate in the services as reasonably necessary for performance under this SOW; and (iii) be available to assist MCCi with any other activities or tasks required to complete the services in accordance with this SOW. The Post-Implementation Configuration Assistance is intended to incur no more than 10 hours over the 30-day period.This assistance is intended to aid in transitioning Client to MCCi Support. M All Pro Services pricing assumes the client will grant MCCi unattended access to the required infrastructure for the project. Failure to provide this access can result in a change order increasing the cost to the client and the timeline of the project. SME from the Client will provide instructions for all email notifications within this solution Users requesting signature via OneSpan Sign will have a Full Named User license from Laserfiche assigned to their user account. INSTALLATION Client shall be responsible for setting up, testing, configuring, and otherwise managing users and user group security, privileges,feature rights, and access rights. Client shall provide support for any API-related configurations and integrations being developed by its team or other third parties. Client shall identify users participating in the business processes and ensure that appropriate user licensing has been acquired/assigned to them based on their role. MCCi's technical team will be provided unattended remote access to Client's applicable servers during the duration of the project deliverables outlined in this SOW. „ ,"I"1 ICCi ( Professional Services Statement of Work Page 38 of 41 ROLES & RESPONSIBILITIES SYSTEM ENGINEER Responsible for integrating project technical aspects and making information relatable to non-technical personnel. Will work through each phase of the given system and process, from plan along with expansion to validation and operation, on measurable risk assessment, regularly concentrating on performance, testing, scheduling, and budgets. ICCi ( Professional Services Statement of Work Page 39 of 41 I'1 BILLING SCHEDULE FIXEDFEE BILLING SCHEDULE MCCi will bill Client based on the schedule defined below and will bill for actual out of pocket expenses incurred on a monthly basis. 11:111111111 11i 11111111�ill 111 1111111 r:111i 1111 ills Kick Off $6,816.25 Project Close- Final Acceptance $6,816.25 Total: $13,632.50 If Client cancels this SOW between completed milestones in accordance with the Master Agreement(defined herein), MCCi may invoice Client for a pro-rated share of the uncompleted milestone(s) for services actually performed through the date of such termination. „ ,"MICCi ( Professional Services Statement of Work Page 40 of 41 PROCESS & ESCALATION CHANGE ORDER PROCESS A Change Order is defined as a modification to the original contract price to complete deliverables outlined in the SOW or a revised SOW to describe work required to fulfil the original contract. As this project progresses, it may be necessary to amend this SOW. Client understands that any change to this initial SOW will affect the fee and may extend the project completion date. If changes are required, Client will send a written request to MCCi outlining the requested change(s). MCCi will assess the change(s) and provide Client with a formal Change Order Request. This Change Order will include the details of the scope change, as well as any additional cost that may be necessary in order to implement. It may be necessary to halt work on this project while Client reviews the Change Order Request.After reviewing and approving the Change Order Request, Client must return a signed copy to MCCi before work may proceed on the project. ISSUE ESCALATION Client may use the following contact information for resolution and escalation of any unresolved issues and tasks. MCCi will acknowledge escalations in writing and include steps toward resolution. Rick Carmona Director of Professional Services, MCCi 850-701-0725 Ext. 1745 'can-T)..r-.na;; r. :7..c.ci„;7„;;7ova;;ti„r�,r7,s;;;;,c,r�,rn ICCi ( Professional Services Statement of Work Page 41 of 41 I'1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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 of business. MCCi, LLC Tallahassee, FL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of North Richland Hills 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. 2021-02-22-LF Laserfiche and OneSpan products and services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary CPC MCCi Holdings, LLC El Segundo, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is donny Barstow and my date of birth is My address is 3717 Apalachee Parkway Tallahassee FL 32317 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Leon County, State of Florida on the 7th day of April 20 22 (month) (year) d.B. Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Award Bid No. 22-010 to Dippin Dots, LLC, and Mini Melts of America Inc., as secondary vendor, for a three-year agreement to provide beaded ice cream for resale at NRH2O Family Water Park in the collective amount not to exceed $85,000 annually. PRESENTER: Frank Perez, NRH2O General Manager SUMMARY: City Council is being asked to approve funding for a three-year agreement with Dippin Dots, LLC, and Mini Melts of America Inc., as secondary vendor, to provide beaded ice cream resale products for NRH2O Family Water Park. GENERAL DESCRIPTION: Staff solicited requests for bids (RFP 22-010) for a beaded ice cream vendor for NRH2O Family Water Park. Dippin' Dots LLC, is the market leading vendor of beaded ice cream and has a long standing history of providing reliable service to NRH2O. Some of the highlights of the Dippin' Dots proposal are: • Dippin' Dots will provide $3,000 per year ($9,000 total) in sponsorship in the form of product credit for NRH2O. These funds may be allocated for special events or other purposes. • Dippin' Dots will provide all equipment necessary to vend contracted products and they will provide all maintenance for vending equipment. • Dippin' Dots will provide an 8x12 kiosk to be used inside the park to sell products. • Dippin' Dots will supply "point of purchase" equipment to NRH2O. Such items are "point of sale" signs, menu boards, clocks, umbrellas and Dippin' Dots promotional banners. The estimated value of this signage package is $2,000. Payments for utilization of this multi-year contract may be authorized annually during the budget process for the corresponding renewal terms provided funds have been budgeted for each remaining year of the contract, and the terms and conditions of the contract have not changed. Those payments will not require additional City Council approval. IrLp NOKTH KICHLAN HILLS Staff is recommending Mini Melts of America Inc., (Mini Melts) as a secondary vendor. Mini Melts will only be resold at off-site revenue generating opportunities and will also execute a three-year beaded ice cream agreement with NRH2O Family Water Park. While NRH2O Family Water Park is owned and operated by the city, it is not funded by city property taxes. It is an enterprise fund that is supported by the revenues the park generates. Funding for this item was included as part of the FY22 Adopted Budget for the Aquatic Park Fund. RECOMMENDATION: Award Bid No. 22-010 to Dippin Dots, LLC, and Mini Melts of America Inc. as secondary vendor, for a three-year agreement to provide beaded ice cream for resale at NRH2O Family Water Park in the collective amount not to exceed $85,000 annually. /,, ��, / � �„ // /� �.//�� // f/ // ,i rrr ✓/,�„. / r r. ,�ii/i.,,.,., Cc CREAM Apr 1,2022 NRH2O Bryon Bustamante Food And Beverage/Retail Coordinator 9001 Boulevard 26 North Richland Hills,TX 76180 us Phone:817-427-6505 RE: Dippin'Dots Ice Cream Products Dear Bryon Bustamante, This will constitute the Agreement("Agreement")between Dippin'Dots,LLC.(DDL)and NRH2O pursuant to which NRH2O will offer Dippin'Dots Ice Cream products(the Products),as the exclusive beaded ice cream,for sale to guests visiting its location(s). In consideration of the mutual benefits derived from this Agreement,DDL and NRH2O agree to the following terms and conditions: Term of Agreement: The Term of this Agreement will commence as of Mar 16,2022(the Effective Date)and will continue through and including Mar 15, 2025(the Term). Purchase of Products: NRH2O shall purchase from DDL products(the Products)to be used by NRH2O at those prices(the Purchase Prices)listed in this Agreement. Sponsorship/Marketing Agreement: DDL agrees to pay NRH2O a Sponsorship/Marketing fee for the term of the Agreement as detailed in the below schedule,to be sent to NRH2O remit address per yearly invoice. NRH2O will provide DDL with benefits of the Sponsorship/Marketing program/assets as agreed upon and detailed below. Sponsorship/Marketing Program/Assets Details: Payment will be made via product credit annually in the amount of$3,000.00 per year in June. Changing of Product: Vendor reserves the right to change packaging type,format,size,volume and presentation with respect to all forms of product packaging. Changes as per the above may result in a variance in the calculation of the converted bag set forth in this Section and if such changes are required,this Agreement will be amended to appropriately reflect such changes and their impact on any related serving ratios as they may pertain to the calculation of the converted bag.Should such a change occur to pack size,volume,etc.,the commensurate price adjustment(e.g.,downward for a smaller pack size,upward for a larger pack size)would need to be made. Grant of License: 2. DDL grants to NRH2O a royalty-free license to use the Equipment and sell the Products in NRH2O accounts/locations identified in the Agreement without limitation or restriction,except as otherwise stated in this Agreement,during the Term thereof. NRH2O also agrees that all equipment placed at all account locations remains the exclusive property of DDL and shall remain so under any and all terms of the relationship.In the event that the relationship should terminate,DDL will be permitted access to the property to retrieve all equipment under its ownership. b. DDL further grants to NRH2O a royalty-free license to advertise the sale of Products in all NRH2O accounts/locations identified in the Agreement on a branded basis using signage and menu boards,as deemed appropriate by NRH2O bearing DDL's logos and trademarks. Expedited or Rush Order Policy: All ice cream orders must be placed before 8 AM local time in order to be shipped the same day.Shipping transit times may vary depending on the destination.A$125 rush order fee will be assessed to all orders placed after 8 AM that are requested to be shipped same day.Same- day shipping requests placed after 8 AM local time is not a guaranteed option.Saturday deliveries,when available,will be assessed a$285 fee borne by the account. Expedited orders may be requested if the delivery time frame does not fit available shipping options.The fees that are associated with any order processed with expedited shipping are the responsibility of the account making the request.All additional costs must be agreed to by the account requesting the order before the order is processed. Payment Terms: ® Terms are net 30 days. o Acceptable forms of payment include business checks;credit cards;wire transfers;and cashier's checks. e All invoices unpaid more than 30 days after the invoice date will be considered past due. • Weekly customers with past due balances at the end of the prior week will be placed on accounting hold. • Orders placed by customers on accounting hold will not be released until the past due balances are paid in full. ® Electronic Invoices-Please remit to Bryan Carney at brycar@dippindots.com e When payment of a past due balance is received in full by credit card,wire transfer,or cashier's check,the order will be processed on the next available shipping date based on the days in the order's delivery lane. Notice: Except as specifically provided elsewhere in this Agreement,any notice given under the provisions of this Agreement will be in writing and will be delivered personally,delivered by a nationally recognized courier,sent by certified or registered mail,postage prepaid or sent via Formstack Sign for E-Signature: To: NRH20 9001 Boulevard 26 North Richland Hills,TX 76180 us ATTN:Bryon Bustamante To:Dippin'Dots: Dippin'Dots,LLC. 5101 Charter Oak Drive Paducah,Kentucky 42001 ATTN: Steve Heisner By signing where indicated below,the Parties agree that as of the date indicated on page one of this document to abide by the terms and conditions of this Agreement. AGREED to and ACC PTED: Dippin'Dots,LLC NRH20 Steve Heisner Bryon Bustamante Senior Vice President Food And Beverage/Retail Coordinator bbustamante@nrh2o.com Date Date CC:troy.evans@dippindot.com Product Pricing Pricing-Year One: Bulk Product:$22.55 per Bulk Bag Dry Goods pricing is subject to change with 30 day notice due to unforeseen supplier cost increases.All deliveries will utilize a lift gate.NRH2O will not incur any shipping charges associated with the delivery of resale product.This includes fees from any third party transportation services. Pricing-Year Two: Bulk Product:$22.55 per Bulk Bag Dry Goods pricing is subject to change with 30 day notice due to unforeseen supplier cost increases.All deliveries will utilize a lift gate.NRH2O will not incur any shipping charges associated with the delivery of resale product.This includes fees from any third party transportation services. Pricing-Year Three: Bulk Product:$23.25 per Bulk Bag Dry Goods pricing is subject to change with 30 day notice due to unforeseen supplier cost increases.All deliveries will utilize a lift gate.NRH2O will not incur any shipping charges associated with the delivery of resale product.This includes fees from any third party transportation services. Exhibit A Account may sell Dippin' Dots on NRH2O property only at 9001 Boulevard 26 New Richland Hills, TX 76180. No Dippin' Dots owned equipment is to be removed from the property. NFt,H GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY DF NORTH 0CHLAND HILLS,TEXAS By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the Contractor, Consultant, Vendor, other party identified below agrees that the terms and conditions herein shall govern all agreements with the City unless otherwise agreed to by specifically executed provisionwithin the contract o, purchase order, provided same is permissible by law. The terms are conditions herein are BINDING and SUPERSEDE any and all other terms and conditions whether oral or written in any separate agreement or found on Contractor's website or other electronic platform. APPLICATION. This GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY oF NORTH R|CMLANDHILLS, TEXAS("Government Rider")applies to, is considered a part of, is incorporated into,and takes precedence over any conflicting provision in,or attached to,the Response to Solicitation or Bid,Contract or Purchase Order,Agreement for Purchase or Sale,Standard Terms and Conditions,Quote, Invoice,or other applicable agreement of the Contractor(collectively the"Agreement"),to which this Government Rider is attached and described as follows: Title oh Agreement with Additional Terms: oippin Dots Ice Cream Products Agreement Legal Name nf Cooperative Contractor: Dippm Dots,LLC. Legal Name of Third-Party Contractor(if applicable)(if not applicable enter N/A): n/a Description of Goods or Services ("Goods or Services"): Three-year agreement m provided Beaded |vo Cream for Resale at NRM20 Family Water Park Cooperative Agreement: None Total Contract Price:$ Not m exceed$85.O00 annually collectively Notwithstanding any language to the contrary in the attached Agreement between Contractor and the City of North Richland Hills("City"), individually referred to as a"party" and collectively referred to as the"parties,"the parties stipulate by evidence of execution of this Government Rider below by a representative of each party duly authorized m bind the parties hereto,that the parties hereby agree that the provisions in this Government Rider below shall bo applicable m and shall modify and supersede the Agreement usset forth below: SECTION 1. TIME FOR PAYMENT AND INTEREST. The Qty'o payments under the Agmemont, including the time of payment and the payment of interest un overdue amounts,are subject m Chapter 22o1 of the Texas Government Code.Payment shall be due within thirty(3O)days of(i)the date of the City's receipt of the goods under the Agreement; (ii)the date the performance of the services under the Agreement are completed;or(iii)the date the City receives an invoice for the goods or services, whichever is later. Interest on any overdue payment shall not exceed 1% plus the prime rate as published by the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday.The City reserves the right to modify any amount due to the Contractor presented by invoice to the City if necessary to conform the amount to the terms of the Contract, the Texas Government Code or this Government Rider.To the extent the Agreement requires the City to agree to a higher rate of interest than allowed by law, or to incur penalties or late fees prior to 30 days before receipt of invoice or services, any such requirements shall be null and void, are hereby deleted from the Agreement and shall have no force or effect. SECTION z.INDEMNIFICATION;LIABILITY;NO FUTURE DEBT. 2.1 Multiyear Contracts. If the NRH City Council does not appropriate funds sufficient tu make any payment for o fiscal year after the Qty'u fiscal year in which the Agreement becomes effective,and there are no proceeds available for payment from the sale of bonds or other debt instruments,then the Agreement shall automatically terminate at the end of the fiscal year for which funds were appropriated, in accordance with Section 5,Article XI of the Texas Constitution.The City shall have the right m terminate the Agreement et the end o(any City fiscal year,without any penalty to the City, if the City Council does not appropriate sufficient funds m continue the Agreement to the next fiscal year.The City shall provide Contractor with an much advance written notice of such termination as is reasonably possible,but not less than thirty(30)days. 2.2No Future Debt. |n compliance with Section o.Article X|of the Texas Constitution,all payment obligations of the City hereunder are subject mthe availability of funds. If such funds are not appropriated or become unavailable during the Term of the Agvvnment, or in any renewal year nfthe Agreement, the City shall have the right to terminate the Agreement, except for those portions of funds which have been appropriated prior to termination. To the extent the Agreement requires the City to agree to the omoUon of future debt for which funds are not appmpriotud, any such requirement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. u.3 INDEMNIFICATION AND LIABILITY.CONTRACTOR SHALL ae LIABLE FOR,AND SHALL INDEMNIFY AND HOLD THE CITY ITS OFFICERS, AGENTS, EMPLOYEES,VOLUNTEERS,AND REPRESENTATIVES(collectively "CITY INDEMNITEES") HARMLESS FROM ANY INJURY, LOSS om DAMAGE DUE TO,OnARISING OUT OF,THE NEGLIGENT ACTS om OMISSIONS oR INTENTIONAL MISCONDUCT OF CONTRACTOR.TO THE EXTENT THE AGREEMENT REQUIRES THE CITY Tn INDEMNIFY, DEFEND AND/OR HOLD CONTRACTOR OmANY OF ITS AFFILIATES, sMpLovEso, mREcToma, oFF|oEno. voLumTsERa. OR mspnsSsmTATmES (collectively the ^oomTnxoTOn |moEMN|TEEu^) HARMLESS,THE CITY SHALL NOT BE REQUIRED TO DEFEND ANY CONTRACTOR INDEMNITEE UNDER THE AGREEMENT AND THE CITY SHALL ONLY INDEMNIFY Om HOLD ANY|mnEMN|TEE HARMLESS TOTHE EXTENT PERMITTED Br APPLICABLE LAW,AND ONLY TO THE EXTENT SUCH INJURY, LOSS, mm DAMAGE |a DUE To THE NEGLIGENT ACTS On OMISSIONS OnINTENTIONAL MISCONDUCT OF THE CITY.THE CITY SHALL NOT BE UNDER ANY OBLIGATION TO CREATE ANY SINKING FUND TO SATISFY ANY OBLIGATION TO INDEMNIFY UNDER THE AGREEMENT.NOTWITHSTANDING ANY OF THE FOREGOING,IN NO EVENT SHALL THE CITY'S LIABILITY EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CITY UNDER THE AGREEMENT FOR THE PREVIOUS TWELVE MONTH PERIOD. IN NO EVENT SHALL e|Tnee PARTY BE LIABLE FOR CONSEQUENTIAL On |mC|osmT|AL DAMAGES UNDER THE AGREEMENT. THIS pmOV|8|Om SHALL SUPERSEDE ANY OTHER PROVISION OF CONTRACTOR IN ANY SEPARATE AGREEMENT,TERMS AND CONDITIONS,QUOTE OR INVOICE. Government Contract and Purchasing Rider CA-CONTRACT NO.pUR0OVs-2OuoU1O7—Rev 3/7/2O22 For Contracts with the City^M North Richland Hills,TX Vendor Name: D|PP|N oOTG.LLC. Page 1of3 SECTION 3. TERMINATION. Notwithstanding Section 2 above, and unless otherwise specifically agreed to by the parties, either party may terminate this Agreement by providing thirty (30) days prior written notice of such termination to the other party. Termination pursuant to this Section shall not relieve the Contractor of any obligation or liability that has accrued prior to cancellation. City shall pay Contractor for any services performed up to the effective date of such termination. This Agreement is subject to termination, without penalty, at any time the City deems the Contractor to be non-compliant with contractual obligations.Unless otherwise specifically agreed to by the parties in writing,to the extent the Agreement requires the City to (i) agree to a shorter termination period than thirty (30) days; (ii) agree to automatic renewals not included as a part of the "Term of the Agreement"listed above in this Government Rider;or(iii)incur a termination penalty,any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 4. INSURANCE. The City is a Government entity under the laws of the state of Texas, and pursuant to Chapter 2259 of the Texas Government Code, "Self-Insurance by Government Units,"the City is self-insured and therefore is not required to purchase insurance.The City shall not be required to purchase an insurance policy under this Agreement.Any such requirement in the Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.The City will provide a letter of self-insured status as requested by Contractor. SECTION 5. CONFIDENTIALITY. The City is a Government entity under the laws of the State of Texas and all documents or information held or maintained by the City are subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code(the"Act").To the extent any provision in the Agreement attempts to prevent the disclosure of information that is subject to public disclosure under federal or Texas law, including any provision that prohibits disclosure of the terms and conditions of the Agreement, such provision is invalid. Any such requirement in the Agreement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 6. TAX EXEMPTION. The City shall not be liable to Contractor for any federal, state or local taxes for which the City is not liable by law, including state and local sales and use taxes, pursuant to Section 151.309 of Title 3,Texas Tax Code, and federal excise tax, pursuant to Subtitle D of the Internal Revenue Code.Accordingly,those taxes shall not be added to any goods or services under the Agreement.The City shall furnish a copy of the applicable tax exemption certificate upon request from Contractor. If the City is billed for any taxes not in compliance with this Section 6, the City shall be authorized to remit payment less the taxes imposed. SECTION 7.GOVERNING LAW AND VENUE.This Agreement and the rights and obligations of the parties hereto shall be governed by,and construed in accordance with the laws of the United States and the state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under this Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent this Agreement is required to be governed by any state law other than Texas or venue in any jurisdiction other than Tarrant County, any such requirement in the Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 8.ATTORNEYS' FEES; PENALTIES; LIQUIDATED DAMAGES:The City shall only be liable for attorneys'fees for breach of this Agreement to the extent such attorneys' fees are reasonable and necessary and equitable and just as authorized by Section 271.153 of the Texas Local Government Code. To the extent the attached Agreement requires the City to pay attorneys' fees for any action contemplated or taken, or to incur penalties or liquidated damages in any amount not authorized by Section 271.153,any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. SECTION 9. SOVEREIGN IMMUNITY. Nothing in the Agreement, or herein in this Government Rider, constitutes a waiver of the City's sovereign immunity.To the extent the Agreement requires the City to waive its rights or immunities as a government entity,any such requirement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 10.ASSIGNMENT.To the extent the Agreement addresses the right to assign any rights or interest in the Agreement to another party, such right of assignment shall be reciprocal, and neither party shall have the right to assign or transfer any of its rights or interests in the Agreement without the express prior written consent of the other party. Notwithstanding,the Contractor shall have the right to assign the Agreement to any entity in which it is a recognized legal affiliate or subsidiary or which such entity obtains a majority interest without the consent of the City;however,Contractor shall give the City at least thirty(30)days'written notice of any such assignment or transfer of interest. SECTION 11. RIGHT TO TRIAL BY JURY. The City reserves its right to settle disputes by trial by jury. Any such provision in the Agreement that requires the City to waive its right to a trial by jury shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 12. ALTERNATIVE DISPUTE RESOLUTION. To the extent the Agreement requires all disputes to be resolved by binding arbitration, any such provision shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. Prior to instituting litigation under the Agreement, the parties may agree to mediation upon written mutual consent. Any such mediation shall be governed by the applicable rules of the American Arbitration Association,with mediation being held in Tarrant County,Texas. Each party shall share equally in the costs of the mediator, and shall be responsible for its own attorney's fees and expenses. SECTION 13. LIMITATION ON CLAIMS.Any claim for breach of this Agreement shall be brought within four(4)years in accordance with Texas Civil Practices and Remedies Code Sec. 16.004 and Texas Business and Commerce Code Sec. 2.725. To the extent the Agreement requires a shorter period for limitation on claims,any such requirement shall be null and void,is hereby deleted from the Agreement and shall have no force or effect. SECTION 14.FORCE MAJEURE.Either party may terminate this Agreement and shall not be liable for any alleged damages or loss due to failure to perform its obligations under this Agreement if the performance is delayed or canceled by reason of a Force Majeure event, including but not limited to,war; civil commotion; acts of God; inclement weather; Government restrictions, regulations, or interferences; fires; labor strikes; material shortages; lockouts, national disasters; epidemics; pandemics; riots; transportation restrictions; or any other circumstances which are reasonably beyond the control of the party. SECTION 15.RIGHT TO AUDIT.The City shall,until the expiration of three(3)years after final payment under the Agreement, have the right to access and the right to examine and photocopy any directly pertinent books, documents, papers and records, whether electronic or hardcopy (collectively "Records")of Contractor involving transactions under this Agreement to ensure compliance herewith.The City shall have the right to access Contractor's Records during normal working hours and shall provide Contractor with reasonable advance notice of intended audits, but not less than ten (10) business days. Government Contract and Purchasing Rider CA-CONTRACT NO.PUR0006-20220107—Rev 3/7/2022 For Contracts with the City of North Richland Hills,TX Vendor Name: DIPPIN DOTS,L.L.C. Page 2 of 3 SECTION 16. SUCCESSORS AND ASSIGNS. The parties each bind themselves and their successors, executors, administrators and assigns mthis Agreement and to all covenants of this Agreement hereafter. SECTION 17. C|TY'S LOGO OR MARKS.The City'u logo is protected by applicable federal and state copyright and trademark laws. Contractor may not use the City's name in a demeaning,obscene or detrimental manner as determined by the City in its sole discretion,and Contractor shall not use the City's logo in any manner,except as specifically approved by the City in writing. SECTION 18. RIDER CONTROLLING: |f any provisions uf the attached Agreement, conflict with the terms herein of this Government Rider, are prohibited by applicable law,conflict with any applicable rule,regulation or ordinance of the City,the terms in this Government Rider shall control. By signature below of an authorized representative,the parties hereby accept and agree to the terms and conditions set forth in this Government Rider. CITY OF NORTH RICHLAND HILLS: |PP|NDOTS Mark Hindman Steve Heisner 7) Date: Date:- 11r7x ATTEST: By: Alicia Richardson City Secretary/Chief Governance Officer APPROVED A8TO FORM AND LEGALITY: By: Ma|e»hiaB.McGinnis City Attorney Government Contract and Purchasing Rider CA-CONTRACT NO.PUR0006-2022010—Rev 3/7/2022 For Contracts with the City of North Richland Hills,TX Vendor Name: D|PP|N DOTS,Ll.C. Page 3pf3 �" r a�Q ri roi II' l¢QII i�l it I I of k lTeriica,, Ilru¢:;., 245 7fisyllUum1 Sf.,, Ih1¢:�i wli¢:;Ilu,, C..I.06360, Il111-i Sri&. (860)889-7300 II:::ax:(860)887 1033 Bulk Wholesale Aareement 4/7/22 Date: Mini Melts of America, Inc.: 1. Will place one Serving Freezer&one Storage Freezer at Location for the sole purpose of selling Mini Melts Ice Cream. 2. Will remain owner of the freezer(s). 3. Will provide agreed upon Point of Sales materials. Location Name: NRH2O Family Water Park Business Legal Name(if different then above) City of North Richland Hills Location/Install Address 0001 Blvd 26,North Richland Hills,TX 76180 Billing Address(if different then above) P.O.Box 820609,North Richland Hills,TX 76180 Location: 1. Will purchase Mini Melts Bulk Ice Cream for$21.95 per bag. (6 bags per case) 2. Will purchase Mini Melts Branded 5oz cups for$79.95 per case(1,000 cups per case) 3. Will purchase Mini Melts Branded 8oz cups for$99.95 per case(1,000 cups per case) 4. Will Pay at Net30 days,Checks are made payable to Mini Melts of America,Inc.(COD) 5. Will be responsible for maintaining the equipment in good condition and be responsible for repairs to damaged equipment or if lost or stolen. 6. Will make best efforts to promote and sell Mini Melts Ice Cream. 7. Will be responsible for product upon delivery. Agreement Term is(3)Three year from the date of the agreement. Terms above are mutually agreed upon by the following: For: NRH2O Family Water Park (Location Name) �.r.M M#1 .0,' ,m*r1 ,Inc, (Signature) (Print Name) 2" ° ^Ytr� Pr rrp 'A''twarne)6 Reorders Do you agree to receiving Text Messages from Mini Melts? ❑y VN Please check the preferred method(Complete Both) Contact Name Bryon Bustamante Mobile Number 817 903 0015 Email bbustamante@nrhtx.com If you have any questions or need to place an order contact us at 860-889-7300 or ordersODminirnelts.corn NFt,H !wife KT H It Vrw F;1.rdnMwsJ, @ fP , ..., G01WRKWNT CONTRACT AND PURICKASINO I 'NNR FOR COKE "?S W,TH THE N 'N'01F NORTH RICKLAND HILLS,"NIB S Nr ra a,, r u rkrmlGN bin ir. or M or ILyf r�rvVl,rrrag �N � V' r�tlu� 9 rar Y�� � �kt� m rmNdNfir � N N rrr arrkm rkS tt r n rq"dr'mrrir Vern&r Of ohllrrrrolr d rd°N Om 0mrrbl betivmm O iYi�a", Ih rr il'�k""0, V� '4uu„ w m drr i rNb r'VN'N IrVrrN m VXher nr ID ;rvq `y a r�N�dl �i N it NI 1 ��d�rbV �i'u�hi� lenn�r�and cicpmwjft,ions � qG t sI IhV rr^eu"n 00 r ti"gal I �mr T111 @m.nrn arum con0N rlm Ih lr ar rr CNIDIhNu,:a�lord 'gip„)PERSI�IDE are n l mi r �rmim � � o-asr h r -� rmwa� rb� IYh i dA'x i'r d PwhNrrrerr urr d bKd rr waiwa"fin"drr"� q r dV ur Nu C ✓P d�_ @ 8 rrrtt,r a and i'XIN A, he n nwd� APPLICArofu, Nrrh iGoviEIR!NkNEpiTCOIPOT iC:r'&N,,DPURC DINGIRI ,RC,ONTRA TS"WFTHT lIITY ORTHPOCtf,',LANDIHILL$�, TEXAS rev Gv" a1 RWIler"a rur ro c,a � n�r�era"u� '�r� pr clodarwl vv 're any conl9adw�ror rid'�r d*a� murraamr INai�.r"y �dw�aa rm G mu'Vrr� r dr ut,w Ikumd � r w�rNr,',, rec ml� ,rr. r Pt rm�'ua r SWE'w Standard N"�iN Iwra wrm "�um����u�ro'�� �,�9VrwU;r�r rz N.r r& dr �l r rr^u r k r uu„a."rrnrl r r o;r IY drwmd rri I Ilr w ^',,to wrmlhict), '�na�G rnm eirr irJV;,er m zft(thrr 6 II I � iwwl � dz dra�a,rVr�; dltlPJrkofAgreervicint wpdh4 hh IPlrg& "RNrM N r dC qa ad Nh" P hd'N rPd Leg.W Nvric of 4r*0 R"grtl°"a N.Tini mat,,A OVA-onca, Inc. a„ ,lyyaip(Narne 01 wi ird" psrly Q,tip'hlildW d, 1*1i mbC )r d rvat appeoc bie ic 111tv, KIA : raii"" v M tr, N w uhr rmfi r �� Gw d�. 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NCC ITRE`, chN p I Ir DN N INDEMNIFYYUN NNI „ N ,rV 'N N� A140l G, NNE it F0RE0 NG WN EWNT THE ITY" LIAML' EXCEED THE MOUNT e ,, PAJO CITYVNN R H N E N NT FOR NH IOIU rW L IN -dN moo, IN NN " NN SHALL �Msrw4r' °rdrr@!'u lh �Br�r�'�r�4"r' �'?.111V` rvmrv"rl'r`^rVm^di ,JN�r w""rx—C�ONrTQ�';'d ("T hf'n) I`9`0 I Farm Vw rtlITZ GRN IWkinI the r rtkfOhV Rilch r Hrx Tx SNU nw N drd& m k'rv�hN r' "wd a'V (V"Naklnrri KUMh lEd"d`,"NN,rd^",JWFERU A,G,NrS�. Page rrkdy I PARTY IBE LABLE F'QR C'ONSE010EMnAL OIL SMJMlDE,',mrlAL DAMAGES UNDIM THE AGREIAWNT, THIS PRiDVls&,O,N SUNG $HALL ER SIDE ANNOTHER MW t SSON OF C�ONTMCTOR IN ANY'StPARATEAMIEMENT,TIERMS,AND,CONGIMONS,QUOTE CiR�NVMC,. SE,r-T"3.TERIMA"TN C* nalP2 above, and rjr4eFk&miii s cow, "Iftim-Agreeir p; �fY 39Md to by,Phie pjijr�si qijjjej� raa�,�, ri,W�f$L,,rM M,M"tY Pritylvk1ung llit;rty (10) 1 P410-Y-WHO'Crij intAscie oll Much rerrymnia"Ifilon 'oni Vve rxfhiwperv�, TgnnirreVan purwAm melk"ve,lhe CwtvavOr Of a ry 0,aNafio r, abdit(TrW�ms sceriumvid;�,ncr to manoinAffe6ki I WI&M pay D ottilr zov, W s rk my *0rolk""es pax M,,L%d Up r"I me. oft" Cu've�U' te'Of wick temifnallvn, This Aqf I jj suhioct 10, TTnmal Irrulit Clity demmis me C.1,4wrog, a I, Nye 0698twons"uives";co'herwist NwiCk-ailly aqvmd to try"*plartion,I Wr' ,W the eviVii Me Agroserwird,mqjjtfLk lig fr,w, 4,1 rrum ablon piel4aid lhan Okay (310) day-," 4,H) ji9tro to 'aulamM)pDr, reli'Mi I a's a pe"d i "'reli'l7v V, rremn j�' alr „,ram or ellect im"Wilt"'T'l'ftfl be nuff and vokl,is,ti*Pre,Lvf tkiWed rromm SECTI*N C I EL, The Mly KTk a Gcowsfrri onli urri'*r Vlw tmims e"Ar the mak (30mment Code, 11,ro�,1,-a,,,,,,,,,,,)),,,,,,, u6 mrroPul'suO)"d 00 r'�NaPit,, 2250 q!vf tthe Tc�xzs t*ri lo pvvi,�ft*.u,;m Mhjrm[mr*I m,kf'y ,, ,,I&r """he Cry,shap rl(W r fl,6%AprenN'mmrd,,Any w,ch regainm7kefinit(Im MmAwl eemeH Shall L*mujP;N, as mo4imVieff Llry C"antrulMla, Vle Agm I im M41 shaB Nlpoe no Fairc,"a ox e plivo,", Tht,CHy W12 pirtire,),de a kMvT f ae Ir-imsursd'aafull fromr, SEC'nopj 5, CIONIFIDEWMALITY, Ili* C41y ris a ummftv rxiii Ift I'movis of ft sLado or 71fb,-m% &tckrr*M.%or rnminlmotivd Uy Z„,sjy&re=A41orl w dv-,4;jcoiviocs ur, pL, ulrmlircm he, :,I, )b�'ir MlisKenwhon A0,, C'himppar 552 1 Imie Texai"' f"P 9'Att") To vrp ce!"I'm any pirtyfewpin 4oin�,ompl,t]Of MV I's mTJ*V,Na pw,9k 494aksxuro umj*t�6dsrsl w T&41,S I&I't �ncludkv zirly pfaOsialn, �'JW prChilbAfe 6sekowve as thip Iiii anirl awwwjilftn's,car V'�'C Aqni t*UC',P'r P"1091*10i"y vs Mvelfifil, Any �rju�,h rqj 141709MIOnil ShAVI W IlUl JjrO'1� pj,i%�Mere), PAN , I Vve ty m rhe�&44re,*M'Ort i M 0,11 have no r,mrt.,v or good, SECTION 6. TAX EXEMPMON, The i shMH ricip"Im 1$wve to kir ammy., redomaq,, Attv W locM Ilmuvnium^ rior whiMn fl'*CiAy u*not Mari I p�y jai[ff, sal'WS W4 v-w WMIS, �Axp 0 m1muarit la Swom 15f"Y'n of'7�04'3, Texaq;"i Code,al"my,vvrjw'm�excide i'mix,purw4m,11i suftll*ID or r4wo'eflum"Oode,Acmirl'�n[,Vy,t�ror*�, ncil addied Ln,�,,Arry oblads orwrviiorms,I)ROer tiv-Apireenumnit "Irtte ir-ey 51h"afll lurri"isti,a Coppy cd, "he &zpIjc"8w' e'Pax qxqrf�'Vbuin COAtkatle, upim I pm,,, m I n actor lf th* 0ai'll*C),fiw wivir tiaxas not h immpolmum with thlis"'"Wrtmil 6, the C311y * I 'A w"tim mes dirrvilm*v'I SC"CTION 7,GOWE"MR0 LAW AND TN''-'N'UEi,,I'M%Aqrt"ermp.uro and lhit u, Irma grllr cii3Oitraliew"its of M,*ps'Aks*'*r(,0 ShA41 V*t gav%im(erf h uma-001i'delme iwN), rj,,bc-jwee%01 Vre kJoMed tWee Sild the*01t Of T9,06,exii,-ipsive of vonl1i Of'WW's P'lloviis"r1r"ll- ")r"Jm k7r I WO,tiMught uride? Agref,envird Tqr(ag be�n#wtpl,1,0,r xnr4pirtaro,priiisidm6on�Aq r*omaAt,cojar+V, Tew,)kj,& To t eKi it *0'COT"Or tharl Tema$ar i� M a Agurromeo!im, rmq�&ed ta bn Vyiefetymmr,,� pe, ji 47 .rf in Vilie AgrivorTreM,W=W�m m"nd vold" IV's helveby 'mrlwlrue 0,,r any Akrlsd6dian c4treir thaln"refrart County, any Such,requPPOMe L11011sted frinim lhe Apimrmonl arwal gp*)ii In SECTION .ATTORNEYS,IFEFS,,,PEN ALIM'S', I�ijtDA TED DAMAGES;TP* �ru, ."kmh sbormv�i �60'% are, rmmmmmut- mn)d flnecemary and, e"qui0aWre *M pi,ml is's Solile TO tbe mixt.4prit 0* stlAck-10 Aqmmerrt retpires thim OK 5316clim'l 27"1 1!,'!M of I* Texas. Locw Itc, pay smoffmoys, %*'a firer alrri' Acl'i I-VA&VTYPI011IM W takApin,Of to irwvur P,LMSIM ar lquilrW&q.1 darnloft m any ormfouTo pyo,6ju�,jkLvlZ0,dl by rkm%on,"2771 1 3,W"tr 11IO WO mml i rs harwy delvil"ftomm ft AI, lKlit Unr$;i harve ry kxee oT i SECTION 9, SOVERMNI ITMMUNITY, N0,11i0r; an tAe Agirsom*4q,, or r910u';rfh lin ft's's Govirimfirrent Miles, anrlrh'PoU(/f/'lftl"( TO It*extr"It 17W Agripifoni,&lt p V,,,, Pie C'ky to i ft rIghl"'s w fmi airry sictit 'be Mufl Mond eq VOW ixh6'?PVVrr W71111 SEOMN 1A 41910MMENT.J'o mrnrm aa'dVlmwws fit Might to lassIgi any apts or qyr;Ay),npjt Nrrt,/Y re,CiPrmcsok and nearbee pally li I M i,r rT nr to tact wMer prwtyi s4jcj�j iot to slutign Of Tremider a Inv,I I'm right's or i"AwMift,ift,Me Agmempr7ii,w[thoul i express, Pr(trif witlen coms wf�jt Ce'the atlilr�ii;;Orty 1`14,104mofthstandkv-, �hv C"'Ore'ractor SASH ha"we ittre am;M[wi mleigin V'C'Apreltl Mrt,117 lkAlf oir subeklisty ar wrxk"h silwoo ellyffty 01bitimins a rnm�,criiiry [,vflVvM(A file t 0 tp*City�mcm1wVer, 001114,1110 04;1'vv:'anignMent,re transfer laf mterew, Me C4Y at reast lh)"�,tf(30p dmy-,'wrinem(n'411"Joe or a my r ,I Hrft SeCMN 11. 1 TO TI JAJ gy jVgy,r"he , ii Svi W'WrAt's toy &F Arry such Pircoolmori, M Or. 44�pnft"TrmrO Vryat "'iv'qwires I i Cray f"01"mieviiviv,as r4pf v,47 a TMW bVIUrY altuA be riwifl sni.1 vorrj,to?,Pm[eqqrN I'M thim.Agrvewrii;,,jjjj ehmN( SIECTION 12, ALMERNA'"VE DISPUTE R "SO LUTMOC 7'rr Pfv.- axtorl"Pm POIllufte-i 34,ltspLftiis ftj i 'rrm*,e&f deI6i*d frollm Mrrw Agremme,,jpt llvxi %ilhi IV we icri ti - slikket P6or to Hts"40MY; e agr t et o IT"pi Purklin I MI'men T)y/uf'luW c0fw-'T� Arry zurh Wildiff be.' gr(W-Med by the fsp#iimbje njWS &under th I Ass ante at"jon, ort1h mwftfior being tm-tld�'/n' Tarram,f'u +untv Each pa tW respilnimme ror vi� rrrq,��, rev'z errex PC nos efP"'Ullirl amen'�V� C,*M'Of 01n Strid LIMATION 004 CLAIM&himmy,alsk"kv,Ofeach 14',Wf Miss thab t4ji brolughtlomhor raw, f,4)yeaxis iin wmriJanoq'(wlltfii Tgriaa CiivH and R'vnrw"m Codle, See (V4 amd f'o"X89, slum"tweis'mmd Svc 2,725, To 117*eXtent lhive, Agpir i m, ra n., ,A`W9d t,'*rr'�h@ Aigrevemcm,,arId�OW Movie!no,tw/n,,4 or Ikmjtw'10'n on"Clam"nis,any rie"quownertl W MA 4Td'v,)c(W, 00 Ito SKTKM4 14,.POWE MAJEUIRE. kjv*r pwClje naky&m.3,116ble This Agfemineird w wryra"Cr ,,jrj j)�*jp_ W *Nm frw Mort If the r,*sftjirri;rjjlCe M4 delayed or C-1m,W bY Milson of-,ix Fli Majour le"oWlip"alkins�lmmlel e elvdr*,�IMCMuding toft meft tx),"mr,'vi,M colrvy"vbm am C'A Gnd� 0'C'hi-IM", weim0ftir, Gilwarnirnerl, rrakvm�Cf`&)ask'W/l, Tart' Imam am,,,ITmmrmTrmr y r9lmry Axn�g bmrxlks Mll'th m min i M"CraNy tiefno min„ yramdl tne vanhr 1� C*A,,dC.'0147RAIt;r ir4o IM7 Alrev l7iMY22 Ale NVIIN IRirbland 11-Mis, TX vanocg r4wmw AlPfrl MELTS OF A!MVRPl 6,,0 4C, Page 2 of I ........... SE IN IS,RIMINT TO AUDIT. T r cr"Vshapj,umflJ Nhe ex0ratom of U, 5le-VT Otleo,finni PAI"Memp,wMer Me Agrt&,mer#, havjL� right�%t,brx Y AM,StId 00taclu'P'Y ANY dri'm4ftV IP0,01,ir*nt,tx�*ks, papem,alrMa t�&Mlrds, wp,*th&r oWe"Ire, Cdrftl�*Oy uMMYIVVIQ transaictl(Com,uniliv lIhms Aveevnere to,tfje;.jr*r lm,�c Or MP'ftalrPY�,C*Iidcfrmlh� 'RvCmrW')�of omn,pjigrce M,gfemrkh Tl�* CAY shD4 haven.,M0 6071'PM Wxftz 1—lorrafewes Remrds,rkinnu Milf-W vl,0065ng Imurs&mjjd studp it we Cimtrulix*'101 amPamor natxm of ant w4xiofs,butriat*Ssthalm Nfclm MY)hum mm doy's, SECTWN Id. $UC,CESS,0R,% AND IASMSIONS, itai Ip rmzh ZaMld 00MV-0vas and 01*ir surONSOM, 0,XjeCAA4m, aMMmi tn,trq,,,g and v AVItOrMOM and to&ill Cif fSs Agreemont hereafter S ftvm to mfa SECMN'17, CrrY'S LOOO oR,MARK&7"�,*CHY's Ifogo W pmtecteld by ajprP6'AWb*fridVIWA WW 30,ve L"r�lrrmtand tNW*rnsl'm,laws,Coltramw imay fj�o,%m Me f>Y`8 ftmic Ifin a,ok-m,"nWV,01tvs4lewm!cc M,a lane r ms d0mrMmod DI",the C"Ay in,Am a 9 Moor,wW Ca ,radaf%hgjpf Inr( 's Cd'y inoroff"'bin", aftty %;,*f.,gjfjC*RW''appr"Yeed by the,e g Lm f, CRY' llV. 0 In SEMOIN W MDER C10INTROLLNG. If&nfy provisions, of me *000*1 Agrrpvir,,qemt, r,7oj&v virith 'hje term's he'reirl Oethk Governmepl, Rgjoc, &rp_- by 3pphesUr Ww,oonqik'l VIA**nY appGCwNv nA,reg) Na wA or orlirwrin-'a 0,me CHY min Ry Nonaturs r*1offm ml an sulhoftloef tne parlurn lhefprebvy AcrAf,11"'and,agalme rm the$rorns and crmminici�?fs W flDlflh u�Mth%Govermnani Auder, CrTy OF MORTH IRSCIRLAND HIILL&� ANNI WELTS oF AMID K,,A,NI Man Od Y BY 0 PlAls,rI04lll4lrn—an--,-- NO",* 'o,"k --7!—rl——.7 C'4�y managiv 'o",r t Ma0,')IpF THig ATTE,G'r,,f, Akia RftJ%&,d-4r, ,C4,y race (mm"'numim AjPPR0v)ED AS TO FORM AND LEGALIrM By —, - —7a"N ;Tkl fib.�hk(^grmrm, Cry AtIvirriery Clavimmmm"rf"Dordrair",f,and 1pmrrttrramog 1"55chr" CA-CONTRkr, 7 N to rPltJRf0fJC6-;Y0,Z�;MI, ,Rlwv X7, ;Of COM"Ut's NMI he Ncefin Rjirgqj,,�d t"jNls,TX lilemkv Nmmie Mft IVAE LTS OF AMERIcAl, Page at 1, CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl 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 I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-865699 Dippin'Dots, LLC Paducah, KY United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/28/2022 being filed. NRH20 Family Waterpark ]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. 22-010 Beaded frozen ice cream,yogurt,sherbet and flavored ice Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Dippin' Dots LLC Paducah, KY United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION and my date o 4�1 -?, --� -My name is ell, f birth is My address is.6/c (h e y (street) (city) (Sta�,!, (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Al -Coun 0 Executed in ty, State of on then of&M (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc NON-COLLUSION AFFI A I,r OF BIDDER State of County of r" ,verifies that: (Name) (1) He/She is owner, partner, bfficq representative, or agent of - - ffi — , has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers,partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. x SIGNATURE s PRINTED NAME Subscribed and sworn to before me this 1-17(0 Day of 2022. NOTARY"PUBLIC in and for L - County, `. i My commission expires: , Notary t® #623581 My Commission Expires June 5, 2023 THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID 21 BID CERTIFICA,r#ON 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: Dippin' Dots, LLC ADDRESS: 5101 Charter Oak Drive CITY, STATE &ZIP: Paducah, Kentucky 42001 TELEPHONE: 270-443-8994 FAX 270-415-3137 EMAIL: stehei@dippindots.com SIGNATURE: PRINTED NAME: DATE: 22 COMPLIANCE 'TH HOUSE BILL 1295 In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title. 4) Sign the printed copy of the form(an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice fiom the governmental entity. Information regarding how to use the filing application may be found at https://www.ethies,state.tx.us/whatsnew/elf info_form1295.1itm. 23 FOR DISADVANTAGED 1 I SS ENTERPRISES Y 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 htt-o:fI"WWW.Window.state.tx.tls/�roclare��c��tl�a�c�#�/hubl'h�ib-certification` North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 http-l%v�,,vw.ni_Lcti•ca,oi•�1c,ei-ti�fication.html If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 24 CONFLICT 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: hi,tj.)s-.//w-*N?-*,v,.ethics.state.tx.us/data/forms/conflic�t/ : . d 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed In accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 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 176.006,Local Government Code.An offense tinder this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. Az 2 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 formation is being disclosed. t Name of Officer :41 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ 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? El Yes 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? 71 Yes t= j No 8 Describe each employment or business relationship thatthe vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. s Check this box if the vendor has given the local government officer or afatnily member of the officer one or more gifts ® as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 E Signature of vendor doing business with the governmental entity Date 74 Form provided by Texas Ethics Commission www.ethics.state.N.us Revised 11/30/2015 26 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,state,tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to 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 Govemment Code§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) thevendor (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 memberof 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 27 CONTRACT CHANGES I The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terms and Conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID Proposed Contractor/Bidder ("Contractor" or "Bidder"), submits the following modifications to the City's Standard ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s) proposed by Contractor; however, the City agrees to negotiate in good faith in consideration of Contractor's request, subject to legal requirements, City policies and advice of the City Attorney. Section/Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only) City Response: Accepted Not Accepted Modified 28 CONFIDENTIALITY OF PROPRIETARYINFORMATION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to disseminate information submitted by all Proposers to selected staff, any consultants employed by the City, and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee members shall maintain the Proposers' information as confidential to the extent permitted by law. All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552, the Texas Public Information Act (the "Act"). If a Proposer does not desire proprietary information in the proposal to be disclosed, it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Proposer fails to identify such information as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deemed non-proprietary and made available to the public upon request as authorized by law upon completion of the RFP process and award of contract. Proposers are advised that the City, to the extent permitted by law, will protect the confidentiality of their proposals. Proposers shall consider the implications of the Act,particularly after the RPF process has ceased and a contract has been awarded. If a public information request is made for a Proposer's response following award of a contract,proprietary information submitted in an RFP process may only be withheld from public disclosure pursuant to Section 552.1101 of the Act. A determination as to whether Section 552.1101 applies will not be decided by the City of North Richland Hills, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, and the Proposer is required to request an opinion as to the confidentiality and proprietary nature of the information from the Attorney General pursuant to Section 552.305 of the Act. The City is not authorized to make the request on the Proposer's behalf. 29 SPECIFICATIONS NRH2O Family Water Park is seeking proposals for a three year beaded ice cream program. The agreement will cover the 2022—2024 summer seasons. NRH2O's summer attendance ranges between 185,000 - 225,000 guests each season. Approximate Volume: Over the past five seasons,NRH2O Family Water Park purchased the following gallons of Dippin' Dots: 2017: 2,628 gallons 2018: 2,376 gallons 2019: 2,502 gallons 2020: 432 gallons 2021: 2,520 gallons Requirements: 1 Prices must be firm for length of three year agreement. If unable to maintain firm pricing, please provide a pricing matrix for each year. ® Includes all ice cream,paper/dry goods, and toppings. ® NRH2O requires a lift gate on all deliveries -NRH2O will not incur any shipping charges associated with the delivery of resale product. This includes any charges or fees from third party transportation services. 2 Equipment must be provided at no cost. ® Ice cream vendor must also be responsible for timely repairs. 3 All Menu boards and artwork must be provided free of charge and have NRH2O's approval. ® Signage may be changed out annually depending on condition and menu or price adjustments. This includes: menu boards, freezer wraps, kiosk and ice cream shop window graphics, exterior graphics on kiosk, interior posters, and vinyl menus on sneeze guards. Additional considerations will include but are not limited to the following: 4 Annual Sponsorship ® Multiple sponsorship opportunities at NRH2O Family Wateipark exist. 5 Team Member Incentive Program. ® A supported program that would provide prizes to team members based on performance and sales incentives. 6 Delivery and Shipping. ® Reliable and timely delivery service from the time the order is placed is mandatory. ® Deliveries are expected within 24—48 hours from time of order. 30 NRH2O resales beaded ice cream from two locations: Sheldon's Ice Cream Shop and the Dippin' Dots Shack. The awarded vendor will be required to provide all necessary equipment and equipment repairs to support the resale program. Sheldon's Ice Cream Shop: The Ice Cream Shop generates 55% of the park's beaded ice cream revenue. The Ice Cream Shop is conveniently located near the front of the park near the lockers and changing areas. It is a popular destination throughout the day and because it is near the park's entrance and exit, many guests stop by on their way out. ® Serving freezer, qty 1 ® Storage freezer, qty 5 1 01 I° r � 7 to ,rxr s`a p`xu+e 31 Vendor Supplied Kiosk: The second location is a 8' x 12' enclosed air-conditioned kiosk currently provided by Dippin' Dots. This location generates the remaining 45% of the park's beaded ice cream revenue. ® 8' x 12' Enclosed Kiosk ® Storage freezer, qty 1 ® Serving freezers, qty 2 r ✓ r„ s a } Al Ply r i i i l II k pr � I ill I 3 „ k 32 Pricing Proposal NRH2O 2022 — 2024 2022 2023 2024 Bulk Dots Per Bag $22.55 $22.55 $23.25 Per Serving $.81 $.81 $.83 *Serving Based Off of 28 Small Servings per Bulk Bag Dry Goods and Topping Prices are subject to change years 2 and 3. If these prices change, NRH2O has the option to buy these items from another vendor. NRH2O will be notified 30 days in advance if a price change is to take place. National/Local Dry Goods Pricing Effective 1/1/2022 Description Units Per Case Price CUP - SMALL018 #5968 1000/case $84.00 CUP - MEDIUM018 #5969 1000/case $128.00 CUP - LARGE018 #5970 1000/case $150.00 CUP - COMPOSTABLE SMALL 1000/case $135.00 CUP - COMPOSTABLE MEDIUM 1000/case $149.00 CUP - COMPOSTABLE LARGE 1000/case $171.00 CUPS SAMPLE - .5 OZ#SCC050 5000/case $155.00 LIDS - CUP MIN1018 2500/case $253.00 LIDS - CUP SMALL018, MEDIUM018 & LARGE018 1000/case $115.00 LIDS DOME COMPOSTABLE SMALL CUP #EP-BSCSDLID 1000/case $152.00 LIDS DOME COMPOSTABLE MEDIUM CUP #EP-BSCBDLID 1000/case $197.00 SPOONS - LIGHT WEIGHT #SSBW 1000/case $19.00 SPOONS - MEDIUM WT PRE-WRAPPED 1000/case $24.00 DRY ICE 1 pound $0.55 CUPS/PALLET MIN1018#5967 36 cases/pallet 10% Disc CUPS/PALLET SMALL018 #5968 30 cases/pallet 10% Disc CUPS/PALLET MEDIUM018 #5969 30 cases/pallet 10% Disc CUPS/PALLET LARGE018 #5970 24 cases/pallet 10% Disc SPOONS/PALLET LIGHT WEIGHT 100 cases/pallet 10% Disc Pallets of Dry Goods will include shipping cost as well. National/Local Sundae Toppings & Supplies Effective 1/10/2022 Product Name Unit/Case Price Toppings Mini Gummy Bears 2/5 Ibs $ 50.00 Mini M&M's 1/25 Ibs $ 176.00 Mulit Colored Sprinkles 1/6 Ibs $ 23.00 Heath Toffee Crumble 1/10 Ibs $ 86.00 Oreo Crumble 1/10 Ibs $ 74.00 Butterfinger Crumble 1/10 Ibs $ 62.00 Reese's Cup Crumble 1/10 Ibs $ 84.00 Equipment 1/2oz Ladle each $ 1.70 Topping Bin each $ 9.90 Topping Bin Reusable Labels set $ 5.45 Topping Bin Display Rack each $ 75.00 Gel Wraps each $ 6.00 Sauce Rack each $ 6.50 Pricing is subject to change with 30 day notice due to unforeseen supplier cost increases. Delivery and Shipments -All deliveries will utilize a lift gate. NRH2O will not incur any shipping charges associated with the delivery of resale product. This includes any charges or fees from third party transportation services -All shipments are a One-Day ship lane. Orders received by Sam Monday — Thursday will be delivered Next Day -There is an 18 Bulk Case Minimum per Order Equipment All equipment needed to sell Dippin Dots product will be provided at no cost. Dippin Dots will be responsible for equipment being repaired or replaced in a timely manner. Equipment Provided -8x12 Custom Themed Kiosk -Dippin Dots assumed the cost for relocation power supply -(2) EL21 Serving Freezers -(1) EL31 Storage Freezer -Sheldon's Ice Cream Shop -(1) EL31 Serving Freezer -(4) EL51 Storage Freezers *Additional Storage Freezers can be provided if needed Menu Boards All menu boards and artwork will be provided free of charge and have NRH2O's approval. Signage may be changed out annually depending on condition and menu or price adjustments. This includes: menu boards, freezer wraps, kiosk and ice cream shop window graphics, exterior graphics on kiosk, interior posters, and vinyl menus on sneeze guards. Sponsorship -Dippin Dots will pay sponsorship in the amount of Three Thousand ($3,000) Dollars of Product Credit per year provided that DDL is the sole beaded ice cream product sold at NRH2O. References 1) Six Flags Over Texas Steven McCurdy — Food and Beverage Director (817) 640-8900 SMCCURD.Y cD,5 M ...........................................................................................................................r..................!........ ................................................................. 2) Dallas Zoo — Service Systems Associates Alex McIntyre — Food and Beverage Operations Manager (513) 237-1238 ALEXMCIINTYRE(@ -,5,5AGROUP.COM ........................................................................................................... .. .. ......m 1.!! .............................................. ............................................................................................................................................................................ 3) Fort Worth Zoo Anthony Zachery — Food and Beverage Director (214) 906-6345 c 1h e�ir orthwo. ir ........... . . . Q fg..L. ��. o..i .....................................................Y.. ........................................................................................................9„ OF February i v,jo2,,i 2241 10 N R 1-120 BLADE*,0 C RE,,k ,AWDENF)U,`,M ONE: IR RESALE I') SIN" 1 hias beer" extiended, until 2,1�,,`)(,") Monday Febinary 28, 202'2 2) The deadlinie, Ibr extendecf ufjjij 12J)O P'N4(C'SITWedaciday F'cbn.u,,,,��jv 23, 2022, �N' S�TIIIE �RGNI�jl, , r N�kcniawjedgc ipt O�F th i�s addendu rn, by, cow sett i'19 this f,,'%ge 1with your RAP' r 'I"his addendum fj rm i a pwt 4,),,IjIc chipcunitnts and it so mp<f�if andi"rx, adds to tile original R.1"P dADCLITIlent Nairte and Addres,,s, of"Coj,rjp)an�,, ,d Re;,,wcserqative�� III ,fir ,fir101 ­ . ........;�, Signatut"C', Z 'I"go, e5l' Th ie FAX '7, -52, CD,�,`,� Or r4,D,'TM F�,�i ch I n C, ,y {-rt 1 rf jh 17 1 7 ---—------- M �ikH PI, �D ..,' „'° , "�1� , ,. DE, ,,k R"F ` E IN°f 1111Cv :: . EST 'FOR, � �U A �w u BEA )ED C E 1,;'T S Al 3ID 1' ., p�'` III, ' u w ,, "m ' , l,,"E 1BR„ .I AM 0 i1 , 0 2 ,:: "vr n N -rO BIB ) �Ir , .,. ... ,..., ............. '"Mrs BIT, m; � , WITH 23.,, .... M":PHICT Off' INTeR, , � �' IR����.., RI- ,.„ — 25 2 "10), 1"�j 1, The CiP,' of'Nonh Richland 11J.11,,; i's a,'CCe'Ptj,n,,q, scale�'l bids rr0r711 �'&Jl imercsted parjji,,:,s fc)r Bid Ntjm�ber 22-oln BidTYPC: RFQUEST FOR PROPOS,U, Bid Naim',� N"RI-120 BEA,, DED ICE(,AEAM FOR RESALE [3 id Due Dat m�ednesday, F"ehrawy 09, 2(,)22 Bid ni,tie'rgym 00 P_M, ,ntjraf StajidmTd "I'iniv Date: Friday, Fei.�'rtpary 041, 2022 Ti riae, 12:00D P,,Ivl, C,,,ej,�1!nid Standard Time DOL L,Nil Lua P40 Oral lexPlanathi-i in rc,mAarcim to the n"'rCanirqg of 11'rC spe't""ificafions will be madt, instilglions YAH be gbcn arler the pre-l',')id meefirig and beforli mmrl Iofthv kom intercsted ve firm"additional iriformation ()jr i the be dirmiml ij� �A,� n'terprelAfiDn of the infbrmatjon,,,. injcjjadcd in �as a qL,n,estion ri jecj to this bid on Public Pw,,-cJ"w'tSC Purchase, It vviif be the vendt,: ,Y)"s I- PMsibilitY to check A inib"Imalion reNtif,,A this �,rid on Riablic PtirchaK be��'jgesubmi�ting a reV01115C,�, All bid r"POOSM' Must hie turned in comifle"te/41 ordier revint cover pa g h bid, it to the �Last page of t, e i The (Ty Mbmh WhInd IOUs remyVas the dght tco rejec in PaTil or i�n 'whole aR bids ,,subivivied, Vvailvie itny lechnicalifie,,5 f6r the biest imerrest of ttm City of'North Richland Mils .3 Iar SUbmilting this bid, the Bidder trnidenmnds and ageesto,be Nrr,r:rr "r tilt, �wr� Mrrr�Ygrr ; r rrrr rrr conditions, i c twins � r )11A,itirr r>n, shall lr rrrr"rw �'r mart rr the rrrrr°�ruc rrmai iv r"rrr, irrwrrr r Ord„ Will nsiv of t invitation to ibid, srpecificatickns, A responsivip tbid the contract vvitil ,�,,I,nachmevus,, NDfg ether with rrrly additiolval doicumenti r�r�ar�r�� �r 'i the �contract wi any °vitae ie ,m,,)rders approvvidan isIn rid by a 64y o4fici l With -,uithoritydo so, ] rjw j have rrr rr�r weight antra be rmne 11 Part o rare errfrre r��rMT 1, I" , ,-e i; rr Conflict �� ^ rr r,.o'n'r,a ct r r r rr rrrt , O provision n micarµe,fvor g ale to the Utty ,haH revaH. RED ITI&I f,, 4 51,r 11 �x die ri r,sporrsr"rrMy of W r -rj rrr crrsurr is/1r r mp wart;;rrrrr��r � rurrr il,rr��r > rr> �,mrm rrrrr war rr or � r�r �w� �J� � � � � 9 20 err wrrrrr. tart .all ���� d rmrr"r rixPublic Pitirchase Webisi o, The Piibfic Purchase bs,,jr eel NUT, alklw bid rresIrrrrw rrs to be imr mIa.rrrr r after t1le clocin,gfimc, ill auaclwl, biddocuirsents are to I°° returned rr ned rr mpletA Jy I��� Thd signed. �,�����r ofNbrr.h Rich�rrrrr I i�ll;r rrlu� not c rear tiara" bid rim cunm~rmis ,:rt r�tior(h tljerrrr to hcd, rr ~r rrray ri >kqmr ra in at ariy tirn . prior to tire Official rap avert a re(�Il err 1k,)rnr,,)n- consideration af Dads train ble,r'rra e,in writing ri,:,j u� ro-r,Prrr° 'hasmrrg Nlanager arid recenved prior-to the rrinc self k.1,r 101r mrrrrg W r The li d"r ��rr�r rrrw and grrr'arr rr re rhal his/Etta brrj �qas [mocn cariefid ly rim,vieweid and r.11Vmmlad and thw it is rrr all fl'mrr gs rruic and accii �gi, r~! of rr isvi e,,s Bidderqvrcvs it that a 1wird TV tram not be w irhdraw n r;rrcanccled b r.�r bidder elf �"rmr. �'a r°°�rr.r OfnN W (90) day Wowing aria �d r��r� r���at rmr� al r° - r rr rsrfy,thbid ,If;,m rr s %vjU be cr.rrrdrdua rrq,,'U1 rr iflbey' sho,x anyrrrrr rr r 'u :urr of form, �rWdi6o';Jrsw, Or wrr fiarrrrrr i called fix. linlauthorized Warnaic bids", err arm irrl rrfi wr rr,I" any kind, 1-110%relver, the("it' r r `or lhw Richtarrr HiHs rie rr"^r ; [err;right tar rvmarl we any irrev, rr�rrr r�rrwr e.rmir biz,v mak t e award, in the be intcres of the City w 'lid ,.TIONJW'SQUA 1JFf(:ATJ0N Hidderswill ble,disqualified,Brier, armr'V r thk bWs rjrrrrrem , rlrr)mr , m"OW Drat*.'mart, �dWrr any of tlire Peiri(rr, r eawns listed Wwwm Bad Peceived adler the time set ti lr receiving; bid as mated in the adwit r'r"remm':,Ira keamcio A>r Il',r lrrr rr r�wrrluarr�»rrmrr m r rr7urwr, r r rr' err C) grid rrrrdainrrrg untialanocid Que of any hern,, bid ofTering mrrS' ed IN IVCXNIw rtioned equipmaenq d) %Vh re thc biddcr, err -coaMractor err,. supplier mS in Prfi ; aria %ith rf, ,'ity, r.sf Nr,,,rth 10bland HhJs or-where simr,rr IANKr iS Wntcraplated or rrramoineri; �) Uncompleted work,, wjrrir�r err trrr udgTTIc, he �,it mud prevent rwr°, � ir�i T �� rrrrrie rirt raw°Tana ,efi,on ark'Tarr r rfimrlrrrr n)rk, or havingdefaulted on rr r °��� rr rarer pia; "n Lank" ot" c rrrr rr twcy r,r r' 'r"te k r, by r cfw , er icc r trrr 'r,�, aa^ ^�y�, �'gy�p�u �,y rt�m gr pu,�y q,{ �yu�, ry„✓�q+ry �p ry� �.0 m, , rr� rrr��:��`r� �ar`rrr�rrr> rrs. ,,,e'a N'� '�w"rv��iuipi,%�14F'"ws i W,. ��pli4ra�dG"W, n' ,n Mrs es, for ��'�ale erica&41�.n atei rc t; Bud twain arrrrrrg special r"rrerr Minns, clauses, raft rrrtrrrns, itents attar callied frmr err, rrrq&urla,ritmes of any kern, %°d r in the Ownees opin,iun may disqualify the Biditrr.. 4 Howcver, !,he City o1'Nc>j-tfj Richhamd JHMs Proem es jhcrip to v,,ajN,°c, ny i e 1�u r rT a j,t,jey and to make the 2"ard in the%st Am t A the(A), C)f'North, Ric htand H01s, 5. BID EVALIJAUON Novard of bid, If it ho jArardcxf,, will be made to the lowest reSPOnsd',)4e bi&Acr L,),r may bt�, awarided try ffie bidd,er that, 011"er's the goods, mAk-wr services a't the best mc,"flue", row the ("ity O"exas L,oc 161cmernmcnt (.':(.>de,,, 252A)43), In dciermining the best va, ;W.1c the Ci y , , coNder the CuHoujng� t I'vill a) Ile lxmvhase price,, berms and discuurns,, defivtmy schdule, b) The 1` ;Yutatkm of the biddcr awi of the, bidder's gcxx1 lor scrVices,, c) The qLk&fi4y of Ov bidck,,,;s,' Soods orsei-viccs- d) The ex-tent to Mich the biddw,'s go(a ds ar se'rviccs meet the spoxjf necdq and 0 The biddei,"s, past relati(,wv,rhil) tvith the City, r otal iong tcrn"Icost to the cary tO lt,(Iuire Ow biidder's gtxids owr seivices, W Any relevam critefia,'ST)m"'ificAlly fiswd irwi the ( , 10 17'�.mphance voith all Staite and loical �,avvs- 'teas,M1 ( Ondific)mm anti Specifications; i) ReSUJIS taw ftestin& irrcquirt.,d,; j) Wmrraarty aind,(or givarantee, m2in,tcnarerr requirements and perfOrmance data of t1he, PrO&M,reqiucs twit � k) CiVs ff%,A1ua60n of the bAda"s aNity to ped',,wm to 's'p(N�itleambris 6. AW�kRD OF BID The bid award will be made witftirz sWy (60) day,.1; ad the opening ic&Il ilds, No award wifl, bc We awd afteir are rnade,,l'i tO 1,111C ofthc best biddeT, The Cily of North Ricjjj,,,jnd EhHs nmoves dm! light tx.,r awas"d bids whol or 41 part axhen dev,-ried be in the best interest of the c7hy, lidder shall state on bid I= U*their bid is all Or none", (othemkise it corlsidered as agr n.91 mmdna, Infbmiation Contained instibmitted bid documemis sha wn be available 1br irts I NT the award Ma bm n vaade by the City Requests for t,�Ij q infbrm,,,tfion, rtILIS-t st.ibrnirt&J in vvritinp 7. ASS1G.NM ENIT, The succnesrot ill, biddcr alay nm assi wl his/her rights 'and dutics U)"(1cr arl Pody,"ard lwithrm,,A the writtien consent of"1he Ncwtft Richiwid Hills CITY Manager, Such consent shall lot 1%dieve the fiaj)ility in the event N'defitult by his ,issignele S. frorra the sPecifical ions nuiy be acceplable provided -Stkch variations, in each i1nstance, is noted and flilly cxplaincd in writin g rrr ,a,mbmiltcd willh, bid, N-0 subs,titutions Or c-lianges in the speclAcadons WH be pennWed Aacr a"wmrd of�,,dd vvithc�,ut prhr mWen ap1roval by the Ptuchl'Sing Niam,,riper, 9. The MOM), dale is an im1portent factor cWthis bid w-111 shaR m4'V c(Midiefred, during, the jervaluiation jYrrx,,,,c.-ss, "rhe (11y considers delivelp Hroc the payroll daps hg; e0m the 6mc the order is pLacegd until 01e,, CitY, rcceives., the (,,,,vrdc,,r at the spevificd dclivety lovaticm. All r,'ftaterial OmH be dttiverro4j ("itY 01 NOrth, Richland HERS to dic, addrcsr, It LhiCt4tICOf(rder, A1cctPtancebY'rare City OfNorthRichiand Ili h J,s, 1-,mm , deliverysjjjj� the Colllvactw-w c�f,aj,)y gparantee, (,,x warj,jj�n� tY, C`KPre,54Cd Or impfiled, nor shall, it be considerecl an 'Iance Of mau:,eial in accoridence with t,,hc % e4'p, Afiunions ther , y, "raiving the City 4,'A'Nonh Rjc�wa " et) ,nd I fills right to rcque,,',)t replacement of1jef�L-tive" M"w"eria']rur material not memeting speicificatjorls, NNOTICE OF DFA,,Avs Wh`mom vier the aunt C0ujt(-,,r5 any difT"wuJ,,ty %vj,,jicfj ibj delaying or ffimitens u'), dehiiy- tinl'Oy Per-Rirmancer, written nutir:ie shall ininied rat ely I)c give!n to 111cPurchain gMangcr,111 rcle"va ati on suh 'T"106CC Shall not in any wit -� Y lo any rig e 'S ,V I)e G011S1T,1JCd vis, a waivier b'Y thile ("'t I" (,',g rem dic, U") v#'hich, it rs e,,rqjttietj by, I" lelays in perforntn awdyfor<xYnapjejjc,jj, 1,1v,u re,rtjjt in m;anceflxtion le I L SALE4S TAX The City uf' N(jrth Ri 1,1,g1fX1 is 11.1 'mpt ,t, Federal Exc,1,5&, arid State salts tax�, t' T, I-C, WX rnusl not ble added tobid, 12. TfiCW B IDS In the e%,e mr urn-afie tyid, Stzite LINv prnrvides the Ibid or cointractsilia,11 Iv, mvarmIcd to Ow local bidder, In,C I aseswhere a local tlidder is nt:>t involved, tie bide shall IIv, awarded -draww4izg hats at thie (7ity Coia;.,nci I nw!eti Ing, (DTU Ottlez"'ise, directod by jime 13. BRAN,D N ALNJ,F Ojj F,Q 1, 4 If i(cms, are idevitiflie,,(I b,�r a 'bran,41 name" descripytilion, such identifiPication i lirrr<carmr ed M ITSIVictive, and isi twa indicate I 'TWdit',,y and ch,01WIteristics o1'pn:)dxj,&:.ts that samiss ctory, As used in! OM se, llhctenn 'branid, nanne" indirdes identificafiir7)rir of products by rzaake, and awdel, Suich, proclucts njjrjst t,,e C,-Ictuly idendficd in the bW as tin chltwl jpt'oduim utnd w recilkations ofttic ft,JII nvusi be inciLrded vvith the bid repn4y, Bids (,Aferirig equal products Will be con!"idere(J fiar "wear cif del errrnined, hytht, p[LjrC h,a, � Silj g Manager and the w4i- dep rtniera to he equa] in all mjjtt'tia1 reSPWs to the trand runne PrOducts refi�-rienccd, "rhc de-cision of accc,ptak,)k "iecjivap, i1cms var,iation, i Aely be the City, OfNr'�jrtl'i Richqarxj 1-jills, I the i will S n t h e _111jess I b'dder c omr y indkmtes in hir0ter bid that h is 011mrring an 'ei:11itpal' produci, his Nd, shaH bc considerexi as,offi-ring the brand narne prckh.11cl rictrerel-wcd hl (11C i4vitaflion fbr 14. REFEREN("ES A, minivritan or thrip.-(m (3) references, p,,r(,'!f'ertib1y locatied vvithirw the Daflas/Fir,>irr Wit,.,trdl Miet anal ex, must be submitted with ea,,I lbid. Comptuly name, contaet and ;)honie rximbler rivast be iricludied withl cach riefcrertcc, PRI,OHIBrrloN ,A(,,;,,,kl,',N,4�T PERSONAL FINANiCUL INTEREST IN CONTRACT.S" No emplovi,,,c, of jjj,u,, I of Nomb Ri,chjarid Hills s",hall ha%,v a direct iDr indixwi hnanicia[ it I*t.-rest in'any Priopo!wd,or ex,isfing contrao, purchas' e, Nv(rk -QJc or serei",,! to ,ar by thoc (C'MA-1()74, of Condijcj, Se,,cjij,,,,n IV,) 6 .......... t i . rERMJ.N`A-r1OlN/NON PERFORMANCE r r r rr tiu. rrr.rrr,err� rr r rrrrrr rru uryr uru rCrrr's(,'if SPNi cats ons shai be is f:r t e ���" � ����� Hof the cr rrtr 1" true �� 111 City a ��(:� Ri 1 d Hills ��� min the right to einforcie' 'thc perlbrniancv, of vv,s rr ntrdct in any tuanrrurr° Tewri h) 'rr r ru)r° deemed to lre in the x-st interest of the City, rrr tjir rs°rrn, i1,,,)rearrh orr parrru of'this ccynr tact The Ot, fl,s r�rr u�u° ruc h to i1crrrrirrate ter u�rrrrr�rr�r irr�rrr^u ,,djat Dy in lire t1ven the rrr� e rr`urj, jrdjcr .u' , lar f rr r r rr�r�rr r ,r�„ i . earl. Prrr oral are a ocord r r,, vvittr the,," rr� rrrr�rr�. Briwich of,cantraict or r full � rjrjror°z raj ,i �w rr:��r µ r���r�rrrrr r her id � ,r and/or J�ritrmtyc rr;rr r rr; rr� charge .rr �'ru. urrr �°r;,rmr err cost nnd handfing to the e u llrrr� rrurrr r,rrI'1r Irrd�rr°. "irr COrrrrur r n,,my br" tenrIina,,ted b eiOWr°p rr.! ur°rlrrur wrhten rlrirrY 00) r,aYs' noticle prior- to � r rrrrrr, r� .rr,rr� cause,. Al"RXWNEYS FEES N° irh r par[par[Yi to this r,rrrrtract r0tziU be crrrir'Iied to atlurriey A:cs fcn any I anstng tinder this r47�rrr ctll r ,heth r lbr �1dr merle rk, lure are ,cr,rr rrrr„ or Darer �i3r m, rlir er r��r rb r���r° �rrrr rr.rr lrion Al r.1r�urrr "err r�ftorne! ' e r�r ��~ �� � RIVE . IND E O al,'1111 rirrrit be liabile or r rrryrrr:r r For, and sh*11 'lie saved and held harrrrll s 'lam "r�rr r�rrr r r frrrm said agAinst artyand left merits, getjong, 10NU-S, r, rr,r ge , claims r iall kity char ,rr r, kypil or description, ��u err �rrr� � i� � r r�rr � r � rr patent rirr `r' rr errrrrr rrrr mrrr err u�rr sill err err ses of litigation,rerun wrests,and aftor°rrr ' b err err "rrr� death r r�r er� n, err° njurly � y I lr eM,, received r sust �r�rrd r�r ,rr ��er rrrr or persons, r propert,14 �atising olut Oir, Or DiCrasionled by, dire ° or in(firectfy,the Iprr "orrrrsrrre Of C0,01tractor eared r this Algreentent, irlicluding C12irns and, r lm gees, err,,sin " in part from the ere jigen e of .''ify without.; holwever, waar,i,n an , 90l'v( err = i �LA,P inintuniq, available to itil CITY" rrrrr' r 'exits Lary arm w hrrFr deer any dedfil l parties anderTexAs law. The pr visjrrirrs i err �r � err arle Motel ° for the I r rrre t ref the par dew I erew rr rrio � r err i r g r , rr rrtrrr rr l or of erw se, to leery rri�,hxeri pers rr Or entity.,Pd to rarrrr rrrm grant rr 14, its the vxpressed iri errt of 't Ip4witits pro this "il gr� vrrr rrit that tive inderunity rr llirid ed For in thissecticii,irl its i err errrrrr ° ,%tended by Crrrrtrr r. err to rear rr ni and 1°uroteri. City from the ,i s r re is of Cit'y's awn aegligenice, provided, however, that indvairkity provided rr r° in rj; rr rrrm Shall apply only wheii rrrrgligerrs err°- rr " Cjty is a r lirev butary caui;e, of tilt, resisfitant injury, 4 l or darniage, erred sNO, have ruvirr APP'llicWtiOn when the negligent arue 0j, Citv, i re w, e cease " the reswitant injuf7,. r�r� r,rrrrrrrrr,rr `,rrrrrrr� r�� nrr err I�'r���r� ° mr� rrrrrrrr��. i er ,rrrsrrrr rrir iiir�'ir�r, ;'rrrrrrrrr,W further agrees rr rrrrr ,s ewer errr;j , rr, ' '',rrrirr' "rr Cr rr arm rrrrrrrr rub City, any claim err lifigaiw<,iion brought in connection with i such ire"rr The " 1rrtr"r erri wiH sic,,Crrr'e And waintain Contractual Ls brim insurance to cover u rrd r r rrr grr r r X[ rmarn rrrrrrr.rr"rr 'r Tutor AS ) rrrr ' rrrrr srr ,r rrrrrrrrre e City for its ° rr,rr ,�rrrrr � rrrrrrrrrr. 7 1% PERF()PN1ANC1CkND PAYMENTBONDS' In the evvnt the tot�al vk),jtn,act amoAxiit L2�x°,ccAnnJs S I k,,Io,000, the 11(.'141)ntracIALnr shall be miquired to CXeCutca non formance N:),npd, in the amount ofone,fin'a nod red (P'110)Percent Of the tow coruracT 'Price,if the total coritractamount excvvds the s -req a r hall k mArcd to,"jeci I a IPY'Ovicm bond in the arnount Of'one, htindred (R)()) PeriCient Off" he total contact price, each i n -14,CmJard forms for tizis purposv, gu.,Ixanteeirt filit g, hful performance Of work anid guarantecing paymen� to all pers'Onssupply labor and mateiiels m timni shing any equipment ,iie ex in 'tt Of,the,conirgct,, It is agreed that this contract s�qgjjj D,(X bin inn effect Such perfirrmance axl�d p4kymera bon&s, are furnished Krid, approved, hy d,e C ity rt F Niu,,n-t h Richland Hi'lls, No exceptiops to t mi,s prk,,j,,isiOj,j j1,0 %C-41 UKa 11,xhcmisc ipproved in writing by the (5ty ar North Pilichl andtjje %trety, -qrw rifimu, the b<,,rmds simli be aoccPtabic ace(,)ird.ing to th''e, Latest ffiq conapanyr undo holding, (;trtJ6(,,,ate,,s<,Wauthority rrom, th"t Sceregary of the Treasury ofttic 11,nited St,,jtics, Attomeyys-� fik;,t %viij,o sirign fbid bonds or contract, tvirids, vntlst file with each tx"qnd a certified axxi currcinn ct,),py r)f`their Power q � avorticy, JN`rrF,W,()CAL AGREEMENT Successful bididder d, -es to exlvnd prices an, terins to all unlities who have, etitcred into or ,vvill enui� in gm Richland Elk,jc)jjjt purchasing interlocal cOOPMm'al,1101,11 41-WMV111ertts vvith, the City of' Nourth r,4 Yes, vve agree vve (Jo not agree 21, E[,,,ECTRONIC PR()CUREMEAT "The (11y of Nc)l,-tll Richiafld Hills fus adf,wptcd rx")h6es and pros cdures coimp.13ring with Lcm,,,Aj G1(-)'rve,,,rnrrie.nt Cc�,(Je Scction, SelLtion 271,1 6 ;md -S'Wicnt 2155,A)fiZ, finCi,,y f Nor�,,h Richland 11,1115 receive in ele , fioctroijji� 0 � r m,"ju,vos abid thm is 1Y by the dix dale armi tintu one aczeptimj, and then tmrirred cliec'anon kally by aflet"'the bid cnpejflng, 2 2, PI LkNC E 'W ITH SB 99; Vendor agrees pier 1,11-1 1�39 of the 85th Tc,-xd1qs J.,cgislative amd iri ac=,rdjvtve vvith (',"haptier, =270 ofthe Texas (3overnnienit, Code, vendor ha,5 nol, and slluafl not fx,.,y,cL,)jt 'illyfinie while pro,6ding producis or lervices, t;,�the City of'Nr,)rth Richland Hifls;. Israel at [YJ Yies, we kgrev No, we do not agree 23. CiOmp I ,L A N'CE Wj'TH SB 252: Vendor ,,tgrices peT SB 252 1011"the � 1 Legislative Session,, and in mccurdarvae %vith Cbapter 2252 (,,W'the 'rexas (3k.wernmem Code,vemdor shall not.do N'Sincss with lrarv, Sudan ur a foricig;n tiouarist t,nrg R"khland H i I �anizatjonwhile prcxviding prtxju�ct,s or sen,"ices to t�he iCit T 'Ves, ppNo, we do not agret': * BY Sel"10c lift-9 no, vendloir cenifics that it is gFirn'iatively excludied from th': regine by the thl Ed S tat es �Iriltl1c a (I i's 1, 1 f0defal sanctilons ry n 10t sullhie:(A tcu thic contract ;',Irohibition under Section 2,252,154 of the Ticxas (,;croternrnent Code vLjjd<j s�[,jajj PrOVid-o suifficient doculnentati City of st,uIch exclusion prior to award ol"any contract R>r gctods or scrvices, 24. E'11111CS AND, CONtPLLA, ,NCE' POLji(,V The Chy's Ethics and Conapfjd oUcy ,, h, Pund jit City cq-Nonh Richliand Hills, PunWng Nos, webpage you may requuvta co,17 Acknoudel pm e n t "Y ffi,.)m thi�,t 1"ur chas ing, Division, - The, ("ity 01"Xcwth Riclifand fidlis, Inte;Ttal Ethics and Comphance Policy has been r.made available to me, I ixnderts',tankf, the exptv—tat i(,ins of c1hical behavior and, conipliance.with the bvvw, �and agme tcj, to tfte ciq's ethics I 1, dici, not agree 25, DEPARTMENT OF TRANSPOWEATIO. N (TX, -D()T) RELA`I-ED BIDS Me Chy of Non h ItAland 1011s, iri acc-O'Xhance, with the pj-()%-isRx,,is ofTifle V1 oi'jw�je Rz,ghts Act Of IN64 (78 Me. 25Z 42 LT&C, §§ 2()f,)0Lj to 21,)(30(1-4) ancl the pk,,cgj[jj�gj,,i�U,,n hemby nicitifics all bidAJcrs 11wit it uvill affinnafiviely ensure that an ii,;ontraxt entered into Pnsuaant lb this ad'ver isement, di'sadvantaged business enterp s will ill be affbrided, fidl and flair r1g,wrtunity, to ,qjbinit bids in respollseuuu aVOnst cm the L this irrvitat4f,�,,n, an,d will not be discriminated _p-ound.s offal ic, coh,,yr, or natiO11,11 Origif, in conside,"Ifion 1'br 1">ue c4tric and difigemce has b nu used in r,,urreparaticwn Oftilis infcvamfion, and it isbeficved tube RibsLaWaNy corjt,CN;t. j-j(,)jxev ev, the rcspoinsibifity fbr dcterininj%, the u ll extient of 111c expicii,suire and t,ijc, 1,nelification Of W in,ftyrniati1cw:i, pirewntied hercin set all resit Vilely with the bidder. 1-he iry irfq`Nicrth, Ric-Ifland I Us and ups re;.vrL-senjjjt.jveS will 1101 ble responsible I't ally' UTTOrS (IT Ornu jj,Cjins in fi)r thic fitiluric on the part i to dctfs- rninc tht, hd] extent ofthe exposures NIIIIN I ri Ccintracturs perfbrining, wI()fk on (,itY proptrty (,-,or public g ght-oilway fior the City of" Nii,,arth Richland dulls Mall 'provide the City a celthicale f ilikma inc e eviden6ng the coverAges arid coverage , ision, �rein. Contractor,., shall prmd* the Cky evidence hat al I - ildentified hc stibciixatractor�s perrt:)rming uYork oti, the projioct hxw1be Imme Pqws, and arnounts ofoo,6,enigcs a.$,, required hvrein rr that him sLjj,)cOntra,,ctOrS are irwhidedsunder thc contractor's 'Tlte C,ty,, �,jt its own discretion, m,ay rcquu,n,,c u u lunuf je �5 ,e r.," agd ver r , u ,.'giwJ�1, I'l f 4 1 Ian The fbHowing gxiidelines are dcsi,gn,*c.I to s ireiririents fo 1%o,w t1je most coninwri minimum inu lincc, ,r standarii contr�,�jcrj avid a, vernents with the Ci� grexmerrls rnay, require additiorniall cyvemp and/or fiigheg- limits. rehjUircd fIcn, non,-st,,,,in,r,,Ja are d k9l"Oemernts to IIv, dcteTn'irWxJ by the dep;,triment andthe City.Nfanagex, Graer-al Contravts for Services: Seiu vim^ wrk- xrwi g I n eneral mintenainice dgreetnicnts,, 'ej,c, Gornniiercial GeiftetaO, Liability JV Atitunmir-,bile Lia],�nfljty Y %Vorkers' Conn'j,'iensatio"& EaVoyv"s IjaMy �: Papnem amd �NILIJ131VIiInce Bond (if applicaMic) *S,ee ExhiWtA fi,)r insurancc language to includie, rh fj,�enei-al coVIII,Lct- f), z S Seri, ces* Professional -Services- ("orl.1ilult ants cir LoberPTCdbSSiUMMj.1,;including, accotjntants, attorneys, circhitects, enginMS, d ic a I mu fe�si gnu,als, medical services, etc, ("ieneral I Aabilky Automiubde Liability L: WovIkers" (,"orripciisation& [.:rnPloyer's, Liability Professional IjabRy or epv" Eners & Of"tissioils (approj,,,rjate u."I, Coraractor's PPOSSWun) S(T' Nbft 13 f'bur irmirance Lang,pa,gc to inchtide i u Professional services contracts* Construction: Builldin' S f"br c<)nstruc6,on pro.ijects, Coirmercial General Li,,05flity AWIDniol,)i1c Uat ljty WOrkers' Cornpensation & E'rrvpJoyei",'.",Liability 7: Profes,,",ionaf Liabifit Y Of applicable fi'xr dclippi f4nctiorn) Builder's Rj,,,,k (required tbT nC,w 0 r e,,Ni ST i rts Ppt)PtrtYurX!er cOrlstruelfitm P aymem an,,d, Maintenance 1,cmd (d-app�jcable,,) 3 "See Ex.hibit C tbr, insurance language f,u inClUde in lr�,:,onstruction wntrays* Information Access Services,-, Fx thle purcimsirlj , g k,,rvicxf,,s oitil, supf ,! and �nstallffrioti, q)f softimaue, and equiPlIet1l, or Wntracting ,tf,qt, imaintain or intemet, with 'thc CITY'S tipechnobig,y systems, Cornziercial Gener,M, Ljabilii�y r'uu Autol,"Obile Liabifit,,y rkers' Compensation it, Fn,,q.sjoy,crs LiabiNty Liability(if applicabic) Cyber Liabdity *Set-,,Exhituit, 1) fbr inslulance languagiv, to include in FJ*/rwt%%rOlk acces,�,,, iferV'�,ct�i aL Insuirmuce T ,,e Prollisiloll "rt.y t C) twe listex"I a's 'acid iti;,)imal itisto-ed S 1 (000 17,achh Oc(a i rrmue and provided, 11(1-dav Comiller-cial General Liability or" irmater[al cliginge In C FOT ("Ons-truction, Pr, $2,04)0,000 Fach Ck.,curren,,cv A Arut4,Pmc,,j�,,,,jjjc Jj, "fir010 C oymn 11)i n llh'orkers ("Onrpensalicxi, Wai-ver of Texas subir(,,kgafi,,,,)n in fav,,x, irrj�,x -e=h accidcm 1 Ligibility Cliw*W1, - each lempl()yee -'ZILlicl,Llrl�,Lt equivalient FITINS& (,)fnaissk,)Tts c,ovuagfe $1,000,01DO Each Occurrence apprupriatletcl Ole 7(matratior's Buildier's Rfsjr, nem,,or existirllg prinperry 10011/0 e unjeT colns�trllci Valu !2 LML-1-- rencv .......... EXH I 131T A UIN For thc, dura.fion,of this Al�.Illrecmienl, CONTRACTOR shall rnointain tfic,,ftifliovving minirntim jns�ix an e vvhiCh ,�,jj,,jjj pjmotcict r C , C(.)NTRAC'j- ,)lJ,(, its subcontravor,,r, its sufl-wnsultants and CITY frotin clairns fray injuxies, including,, ct CI as fi%tnn clairns fbr pr(,)perty id_gjj,jj� a id"tal deat'h, as vv 1, ,,winance (if work under tfiis tkgreexnent, ki which naay fjcpm thic perf, KIle: anti FnIployer's Liability lxtsurance: Wurkers' rrrrr r rr, r r.arrr re%zis stawtory E'r,xv,loy er's L ia-I.,>i I i ty $500.1000 ir',�jur, - each accident Y SY)0,100() disease-c"Ch efnployee $90)0,00(.) discase - B, C'otnmericial Gever gil J_j,0 j�jty- On IIII basis, daniage, bodily ilr"rury, 1,w(WILWIS and completed operiitii.xi,r; and pers("Mal & advicrvs�`,ng in ury %vith s no finnit less th n a , S ()00,0C)CI,Pic" a.Iccurrcnce and $2,00(),;)0o a eg J &gr g;jje, C, Aut1nlrn(,.,)biI,e ILidbilrry, C.lovaring al"Y"M-11(), or if C)CINTR ACTOR luas no owned aw(vs,, covering hired anjiJ atitos with a Combined SirTfe [,,imit 11a10 IC SS thall 1,00(3,,fP()0 TI k:n NL)dily injl and properry rjar,nage per ax, ider i lnsuranu,�, limitf, can mlx inict iwiilq, zj ccym15ination ofprin,iary and 1"he CITY, its offlioerr, official's arkid" empk")Yei�.s are loble wivcTed as "'Add Imwrexi" on the gleft,ol-al fI,,ribility an(I awinmobde liability poij,jcj� as re,&pe cjsI y arising = 01' ag",livities perfortrijed by or on fwhalf C'0NTELAc­r1DR, , , i abilit lidvaivier of subrogation in fav(,,),r of the CITY,, its Officers, afficiall's and emphryY ces shij,f) be Corvained in tite, Workews' C0I'rVPL'TIsafi()n insunomIce po,fir,,,y, PIOU'CiCs Of,,nsurance shall n,,ot uric rams flee non-renevvied, teriniinated, or rnateriany ch _(M, u e T11 SS an,d UTItil thirty (30) ((jay"s' rxxice has Iv en sown to uangw lAII irlsurance strap 1.)e issued by resr,,(Ynsible instvarx',v con'apanies efigible do busincss in tillc, State i Til and having an ,�N,M. Bes,G Financial rating of'A,lw X"I oT bletter, CONTRACTOR shall fiarnigh thel C' certifilicates flur each insurance policy,a,re to tv,,sig,negj fiy a persion aulfworiz ed by that i rNsurcrlo,1,,,liln lid C0Iv,UzI9e! (,,)n its tvhalf CCTUflC2ICS Of ItIskiralice rnsist bit, submitiod on a fijmni approved by the Texas Deparwit-nt of jjrj$UrgIjI,Ce, 12 EXII I EUT R FOr the diuration c)ftbisAgreen,[Cnt, f s ,ur,ro 1 naintain the otlovvin a f g minimL, 1, ins"'urance which shall Pmvtect (.',,O.N-,rR,AC`,ro,Ft,, its !q1bootuructors, its syuh-constiftents am-j Cil-t- fr m, childins f(I in y C) jurie includi.nga,,",Li,de�,riial,dea,i,t�i, Lis vvOj1 ,1.5 f"Om clairushor Poopeny damage whichmay arisie fi"l _ the Nx6orrriance,dwork Lin-lider this u1n, A, mid Eimployer"s !Aabdity lnsur°ancz,,, NVork,crs' (rmipermsutjNj, Texas Strarutolry Ernp�ioy,e-,r's Liability $5 i PJ uTY - eac h a ec,i d c nt $50D,001(l, diseaw, .eacij crrrpjoy(µe,! S500,11,',)DO dise-ase - pohcy jjj,1 R, ("omirriercial Geiattal L,ilability: i an has is, inGludiiig, profperty dairiluge, bodily injury, rruduicns' and completed , Opraiol ins and' pCr 5S(MZ-11 1& u( lvcrtising, injury ith Imts o les thurD0,64)() pe OCCUMMOLand0000j al lg ggf,t Cover,irig,; any auto, sir j�rC,'ONT add A1C'T()R Las no lummed awns, cx,.,mel firma ghired ar,mid, mx,ncid mLitet's with a Conrtbinexi Single I Anti no Wss than �7cr aiccident fbor N)dily h1jury and proper�y&arnag g D, 1-'T0Fes!5iOnai Liability (ETTMS arld (),misSions) CON'TKNCTOR �hlmll maintain profiessional [,iablihty (cw Njuivaknt) erMUTs arxi tmmm�sions insurance approlpriatic to thie,-,C,C)NTkk( TOR"S PMAWOn. desuibe typc of services, "MIUM:1 IiMil W less than $1J)()0l,0K)O per()Ct'A1TTe11CC' Or 0,aim. Insurance limits can be rrm' 'With a comblinaxion and ccvver ,f g g— The CITY, its ufflfflcors, oft'liciah; Wid enirp'14,"llyees ariv, o be covered as "Aidditiontid 111surei'll" i,,in the C101(limeric[M gerte,,raf fiabilit"vand mutornoMle limbifity Policies as resi,"O'Cls H�abihty afisimg = of, acti,iifies performed by,ii)r on 1)iehaff of i Uk,"kCTOR, A %k,,gym,iver r,,,,d" subrogAtion in, fav(,),r, of jjlc CTTT ks (ANOWS, officials an4 erriploeeb, shaH be C"ornpensafiatl co n tai ned m n, the W ii,')r ke,i 4 Policies,arit"Isurance stu'llf not be m:arxxfled non-remc,,vved, tern-�natccl, or matcriajj,,,„ cli�mu cd unk,,tss and uritil thirty(30)days' nudet h8s bft.n given to ('ITY', AM insumno C,e Slulfl be issued by reSPonsit4c, inuvance comWeMes 0141,)qc to idc) busirte-sis in tf, State,l � and Il an A,hvt Best Financial ratin,,g, of A-, V1 or better, 14 ........... CONTRAC,roR.wy; funish the CITY cemQWCS Ot"iTIRtrancc, dyectirl, 'e 111,-v,coverage r, quircd ' ' i, certiflutes fix,cach irisurallCO Nfi ,are to be vignecl by a pe; un authicgized 1,,� fhat insurier tc�bind Make on its Whallf Cerfificates taf tw-urancv, must be subnii:tted on a fcwn't approved by mijc ricx&.; Deparvilen't of Insurallce, EXITIBITC For tfvc,a unation off"'fliis C(A TRA,C'TOR s1lrijil rridi tar n thrum f(Alowillg, mmirm,�,,m in,;jj�rtv ice whic�h all 1,ruwtect CONTRAC'r'OR, hS its ITY fi.,om chii ins inn, iniuries, inch'Aingacciderttal death, xswcH as fl,-on, Claims tbr prnper dam'age �vhiich thie Pleftbratance f�,)fwork undie;­thk Ageentent, A, y Workers' (""'umpensatinn Tevti statu'lory E"ImPloy'er's [,Jabihty, $500S)(Y.) injury u`haecidcnt $5,(A),0,',)() disease . eacii empj(,,,syee,, $5()0,000 dense a. - policy fivnit B, Cornitriercial, General LaHfirv, On an occlun-ence"' basis inchiding, prc)pefty dainaggc, bodily in tury", Pr('xiucts and PGMPIC,'ted operafions anid, PCI-Mwirlat & advertising in ur� wit�,h, firtflf',"; no less th'a Par oioeurrenf,,,c and $41,00c,�,0(X)Aggre""gate, j y n C_ Auturnobilic Liability Ccwe67,W an.),autk,m, c)r"iR',`GN`1'R ACTOR has ncw cwWrX'd covering,hi rod antl niam., Ovivne'd Muto s %4th a Single Limit no less than accident f,,br, twodily ir, jury and prciperty darn age, D, P1°1r."ifiessional Lialb'diry (ifcontlmct involves dcsigtw mi,ork) CONN'TRACM.'"t, SM11 maintain Prc4essionai LiabiNt' (or equivaleni') errors md amissions insurance and PrOpfial tc to th,t: CONTRACTOR'S prof6ssj)ojj, with, a �imft no �es!s' t1u, " $I,011)0J,",')(0 Pm r omen:1CUnvmme oT- dzi m E, Builcier's Risk CON, "1 fin ,ACTOR shall m3ifflain Bllildcr's Risk Insurmice Providi'ng Afl,'-RiAk (Sjx, ,ciari Perif,$) covvag 'm""'ajue of the,pr p3 in an ammint et,jujd' tO Onc,, hundred PCT-Cetit (NA,16) of the compleuij qject in question an()no ctwinsunancc penahy p"c'mistons, The jx,,nIky shtill list 0W CITY'as to pa'yec ens their imercsts truly appear. Insurance finifts can be r'vx,!t with am:�mmmmof primary ,'RTW eXcess/umbrefla cov mom ag-'- ",T'he (1TY, its officers, &,ficials and employees a,rc tO bc, cov&"rd as n the CGITUT),cmial general fiahility and aLlullyx)bilie liability Policies as men xctam Jjmjbjjjt, ,r U-tivities, pe,,r'fi,)v-njed, 'hy or ort behalf of the C0NJ'RmkC'jr1(,)jK, v ,t, i,sing, OUI Of A waiver of sulmrqyptiorj in f'vi'vor of" the CITY, i1s, offlUrs, officials and eniployets mn,hiafl 1,m,c bOntailmJ inn the Work crs' insurance policy, 16 Pokloics of inSUrance shul not be cancehd nori-renelvved, ternfinated, CT malcrially changed tjr�,less I g rall"cl, uITIAIdirty (30) days' no6ce ha�,s Xn �,'vcll cx-,) CITY AH insurvice shall be issued t)y responsible, insurar)cc companies cli,& State of"I'exas and having, gible to do business in the , �%n A M, Be-51 Finwlcial, rafing of A- V1 or be,,ttc,r CONTRACTOR,shAli liumisit, the CITY certificates,,of insurance afilectimng2 coverkge required, uhle :vzlificgoes 6cyr,cach insurance,poliq are to by fined by a permn ktutho,ri,;,,,cd bly,that hmsru to 1,uind c0vuage on its behadf CEI-tificates of Insurance Must be subinitted on a fi.wm; approvmed T(-,,\,&s Dtpartn,vent of thsurancc, PlaYmerlr and Nlaintenarvcv B,cknds (ifappliicau�ll,c): C'()N71'R,ACTOR shall, pr(,,Kure Payment mud klaimcnance Bonds us applicaNe and in ,,, cordance uvitlt (7,haptier 2253 cd'the 1'exas ( Cbde, jovctmmeni 17 ........... FAX',H I B I T D F<)r Che duv-ation of this Ag rcemet)t, a R j% `T(Asal t1ollowi rig milli tnunl au w,'hichshafl, protect C0N,r'RA("-r0RI il'S 'sub cont ractors, CHN &C'M claints fbr ipjuri,ts, including atocidental death, as welf, as frogjj C. for Properly,daji,tage Ixhich may arise frum gr'L A, Workers" Corvirensation and Faiployer's Liatvility lnsurancie� %"1,�vrkcN" Compensation Tc,:x,as Enap,loyer's Liabifity $500,000 injittry - elwh accidcnt discase,-e,,ach eniployee, S500,00C) discase, - policy 1,irriit Gervei k,0 Liability (.)n, an ` curirtlice"' basis, properi rnage , _i in jury, prodij�-,ts ,jj,j(j cxx,npleiied ojvrations and plei'sonal & advertising 111jury uviiIi Iftnit"S no V&";""sthan S!,�Drpo,jfx'k Ple'T occuxivnce and Aiutonw�fiijc I,j&bility- COvf"'i'W R11Y UU10, Ortf CCINT'RACT(N't, has no owned autq,)�, zind owned xuu with a Comkmincd Sing& L n"6t no k:ss than Ixt, accident for bochly inji�sry and properly, dwraq,,�c. D. Profiessionvil Liability flFt;'pLirs and ions) If virx'opiriatc for CG T RAC OW vv(,61K, 1"It A CTOR s[ME, rnaintain ,Ilrarcssioi,ial 'Lialbilit,!,,r,(ux, equivalent) eirrixg j_1,i ,1, i 1A M ssions 117,511rancc appropriatetri the FRACT1DR'S Prof�ssion, with a frnt g3o fle-Ss than 011 Clai ML E Clybu, Liability CONI-RAX"TCR shall �majntaiyl CYNT h4bility (ur equivalent) insuraxijue, Stich in'suran"cle sh'all pf"'ovide firr6ts 01, lug) Les's th'an $1,00(),100(l pel, occurve"nCe. COVIeTalt"I'l N' Sufficienfly broad to respiond to the(ju'�jL-,s ")Irvj, iobfi shall � "C ,ittions A.5 undeirtakc11 tuTyu tj IC Int,urance limits, TTICtwith, a Contbination of prirnary and excessw4vwibrefta ccwlerulc, 11,w CIIN, its OfIkvrs t,fl)Icials ttnd emplove-es arv, to be, c4lvered as "Additional Insured"' on thc v0mTTtCT-6aJ general hability and aiiut�cw:,A)iie liabilit) WiCics as re'vccts hlibility arising (,Iut of activities jx,,,Tf,DrimcTj by or un,behalf cwf the, C,,(.),,,NTR AC"FOR A wajvieq° of suh in favur of tfic Cl,j,y, ,its 011wers, officials and e,mptuvees shad ble conUun,cd in the Workus' Compensation in,st)Tajq,,-,P, ,P0j icy, 18 .......... .................. ................ ........................ .............. ................. .. ................ ............................ .. ........ 1"Oliciem of insiir,,ance shall nol be,,car�,cCqj an-t'encwekj, rcnnjnjjt 4j ja�jfj) ch rmaler ansed unless and wr�ajl thirt (30) days' nofice 1�1.,js becn given 'to CITY, b L. 5, to is Iled by r e,� omsibl insurance companies efigRilc to, dc'i busincss u'M the Stale af I'lerxas and having an �,k_ Best Financial �atiqg or A- VI �(ol-bettej� CON,TR,kC,'j'()R shall flarnish the CTTY ' , , cvTtificatcs OfittSUMUc effusingcovaage required, Th Ukrtifl lcates for each insurance policy;mv to be sig',aed by a persall 4,uthorind by that insurer to bind COVIel"age on "ts be,'I",alf, (7,eTtific2tes or urn surancc must be submitle(i cxn 4a fbrm ap ,i,f Insurance Taxas Dcpartm,L�jjj praved, by tht, 19 CONTRACTORs who sears ior distribwe Uquor: L.iability' - CONTRACT011, shaH r1laintairl Liqti Legal LiOOr'�v cove' coverin"'P,w4fing,serving L) C " flie ,,orfurn�sihing,oftany alic 1,10H ,beverzige,f,,,cTf3rnied by CONIRAC"11"IR, ar,�,)r ts b f Such insurance,s " ' ' ' ' ' i 'efial_11,111 11rovide Ii mits �of no fess tha'n' S,1,011,)10,000,00 Per oiCCU]"'re'nice, CONTRA CTO,Rs who hold' long-4crm few siv, a '; Pnr ',)perty Insurancv, LESSFE sfwil maintain Pr(rpeiiy Insuranoe ,,if pinst iall risk,5 r r, 1o, s s rrr anivirnpro,veMI replaen'te1 O,it With o coin nc p &jyjyr is, Cl'i Shall bic added as a L()Ss Payee Ilrr the rioibcy w,'� interes-ts Irlay appew., c1(,).,s,'rxA(,-,TOR"s whoji,4, work knivialve,,s clitalic,21$ or inithierwisoc hax a PoIjution exposure: Coll tr'Hc`to"'!r' P�)III(Jtk)n Liabi'kty (or, equivalenil) - C10VI II'RiNC.'I,'0R, sha.11 rnaijjta,jjj CAa�jjtra,(Iors, pollution Liat)ihty with fiftlits less than sfM)SO0,0101 Per occusreinicc oir - AS lt� cvze, Jaini and CONTRAC7701ts who jake pioissessif),r% i Cit,11, or public,vehictes(eg,1,)arkirig Wits operators. ucir shopisp a Rijo Garage Keefsurs Lialbifity (or.equ,jv,,jjjejjf,).._ n1aintain Garas equili,"afcnt coverage fbr appj,jcat)jc pprL) gv Kieej.xn-�s Liabi lit ina- q)c,rtY While in the CUNTRACTOR'S canc, c�Usgody ()r,. Control, CovieTa,-ge ii ii1cjude Coinpichensive arid Collision covera4 , Such insurance promiide limits equal ticr ar), less atan the tkytal vallue of"CIT"Yor 1,�vublic pr'(`)PevtY in flie, ("ON'TRAC"I'OR"S care, cjkg,,k y avpd cAxll,rul at i one time, CONTRACII'10%wh own &nd operatie, unjii A n i d (d Ile a A h-crit r t rinnes U','AS equivallen't), - ("ONTRACI'lOR s;MH ;,7,roicurc, and maintain for the duration Ioftfie fbr iti* ' �uries tt,), Per'30'rvs or. daniage to, Pr( icrry which n,lay arisc troal or in, corinLnctjojj with the c,),rm­rship, IjMiTltenanec of usic of 1.7nmanticid Alelmil Systenni,,.,; (Dron,e',,i) (71i',�)vcragge must iirmI'adle finjits n,(,� less1han $1.0100,000 pier rxc A P'IJ)K'ffJ%Sir!, ORDER WILL NGJ' BE VSSLTE'D WITHOUT EVIDENCE' OF INSUkANC`E, 20 Stal c of County of'_, _Z41 vcrifies thac He/Sheis d':;,vvnler, pdntlel', rcpre&mta6ve,, or agejjij� of "w' f ,-c &AZ ti submitled thc attachc�l orriparly " a'm (2) HelShc is fnnjjy irjf�gmed in respect to the, pr rd ,tt iL yn terl ,, , c(jn LS aml Cil"Cumstasu";cs in irc-gardto attactwed bid;, Neither said !iidder nor any of its �,,qRcer. s, pat-triers, ageius d,Yr etriployees has qrlt aFTY, WaV cl,,'Objded, cunspirl(A uragrczd, directly (.'w indirectly vvish any,, csther'bidder, firrn, or to stpbmh a clo4lusive or Awn bid in c4innectionwith attachecl bid a2ul the pirice or pti4:,c,3 cruoted herein Rr fair and prrvpmr, 0 'Pf % ,o S I Ti,Rl LA E p KI T ED N,1,kNyfj_ Subs,cribed and sworil tin'blefbre rinethis Day,or,, .......... AiTPU14_17 in an,4S for W' 'l of p9mm'yWarms mftltrY v gun Wy M.Rjj*. Al" Eviket Jum,1,U 1, UO2 4 commu"O'm"wnher'42,10087 I MY Orprrimission expirics, 6," THIS FORM MUST BE CONPLE,"rED, NOTARIZEDAND SUBMITTED NVITH R11), HPID (IEIRI I 1".I(,"S' 1 I(YN The und"Crsigned. in subnOWng this bid, r1erv,cScntS—,,,,md certifiic&. I Ebeshe is Uly, inforrmcd fie dfii�g a thc p parctioin, COntertLS tujd cir�;Umj,,L�tncc bid S �rpf,the atug"h(;'�d b He/she pr;'o,jx',*,vs to I'urmsh all at the pidiccs qurmcd herein and Al is jrrt wict imawdume m1h the candkions aTid tat d bcr., , � S e ein' Tbere will he tjt �Ij) tjmc a as to dic intent Of the sPiccificalsons or condit�ons ti), be, (),vercOn',e or jpfeaded allier the hid s are ,)pned, Ildshe is, an equal opportuniq emphycq and will rx.')t discritninate i rqprd to racc, color, nati,cmal origin,, age or 5mx in the pierfurmancc of this camuat- 11c under,,/,signed, hcreby OenjAes that hafhe has rcad, uncle tan and agrees dia� ,, acceptance by the City oCNurth Richland mis c)rthe hiddler's 01'er by issul"Ice of a po'cliase ordic,,,r %vil I i a biniding coi vtrucl E`urther, helshe agrices to fiffly colj maide a part ofthis ;pccjfj,c, ,prcj Ipt�y witjj, d(NW13.1'entary forryis' hcre%vi�b, cujrcTn'cIIt' C GNIPANY �L.-'4-' 'E. ,ADDRES,S: CITY, STA"I'Tt,& Zjp� IL A,m 6-' -- IT,LE-111f,11O]STE: EAI AIL ...... /111017 "PAU SJGN 'TJU-:',, PIRIN"I"EID NAJMT,' MATE 22 C I."'VN C Vk'I I f I I 10 S[""] B I I I I 9 In, 2015, the, I-exas L�,gislaturre adopted [illl",A 1 -V N%rhicf�, addexi sectinn 2252 94,.,)9 of the Gvv,cmnient C de 'Thc law states that aggovillmme"tal catfty, atay not I into ccnain cor�trazis vvith ia 1xisiness Ontity I the business clltit't entity at, tote tirric the business I subtnits the sigped contract lo tote govicTn orient al eruiiy The law appfics only to a croract of a-gcwverm,,,,rut a1 entity that ofither (1) requires an action or vote b,,v the go'%,erning bod,yr of the CnititY or ttigiency bdore thc, contract may fit ^ ig ,Id or (2) has a v ue " 'nt a[ , of at Icast $1 iniflion The disclosui-e vicquirement to cyntract erniercid into un or aflior Jaftuary 1, 2 i)I f5, 'n,,,v, 'Texas Ethic Commission has adopted rules necessairy io iniplerytc,"t tart law, �rvsted parfies fi:yrrm, and posted a cop'V Ofthic fbrrni on the c*mniissican'�s website, disdlosurc of inie prefst,,nbi 4, tjj,,c, Filing Prociess: The ciii.jannissilf)i i has naade, availaly1c (in iis wi a new filing application at.,jj,,t muist 1,x; Ljsed iry, file, I (:urn 129.55, v,k I rnilij-'a 1) Use thtt appficafion to en"Iter flie required h1,fbprma,6c'Yn(in fi,ortn 1 , 2) Prillt to c(,yjj�y ()f r1le cg.),nipleted fttnn,, ivivhilich uvill iriclude to Of fliling that %vill a urLiquie ce-ritificau ion nu a6cr, 3) C'ontract Nuryfl,51cir shcmkf be tare Rid)RF]ID, Number,and M Title 4) S ign the printed ccypy" of the fibl'T'n I withorized agent of"l�Ihc tsusi riIess cinfity rnust sign), 5) Eit,'hicrinclude your personal infort nation ot- have the 1"brin niatari;wd, 6) J,'j I ,IN ccyrrvp] Forin 1295 with the certificjgtion cir filirng 1xidw the piravernmental bictd with Y The golrernmental entity, rnust jj�)tj6 thic, connnission, usarq,",, I NC commission's filing appk Hied Rjrm 12�,)5 with tirc r:,e recciptof 1,1,1,c f the cm o i ,rr,jflcafiotl cWfifing nvtlater thin.the 3CO day alftc,,r thie datc the contract binds zi,11 pa:jrtirrs to Owe contra(,,t The ICOTnm,iSSiOT,1 NII J)J),Stthe (:,'cunpleted Fic,= 1"-7c',5 lio We"hSitiv within S"everl txisines-,., days al"Ici,receiving notice tioni the goverrunicntat, wity, g In,fwmation T ruling how to us e the fifing Kpipfication may be frxand, aa et 23 . ..................... -............. -—----------- ......................... ........................ ...................... 014t' D ONV)k ad%v ta Bugi, P" Y6, QB 'a D i III% are encouniged to, poilkipate, in the,, City of Noelh RRiebland Hills�bi� �jwoces���� such d 's tatives, from,i DBE, Componies Olould idtftn,flfy thilemselviensas uch anidsts, it a cvp�'0 I,he Iit of No Rieblandlfffis re"eOgnizes the cel'I'Al"Cation's of both the its Of Texal Bluit(fing and Procjjremtut C01,101mission M)a Prop ram and the North, Central Texas Rzenal Orfirleation-Alter w.yr. All ciomPanielseeking inforntscj&n leonctruing DEE certification arxte, wrgitd to cointact: Te,xas Building and Procurement COmmission Statewide IRTB Prognuin 171111 San JItintio,BI'vid.,Ausfijj,'J"X, 787101-11 416 P 0 Box I,X 7S,711-3186 (5 I12)4,63-58'72 q, 2,........ l Norti Regiotmal, (""Orfificatie,'n AgiencY 624 Six Rags Drive, Sluke 216 ,ki-fingon, "I"ejas '7161)11 (8 11 7) 6141(. 06016 Ify'low Colim-pany is already cc Irfifted, *ttach '* lrOPY OfYOU"Ce"dfivatioliii UP this form amid return #,.s part of your packet, Company Naimes., Representativ,e: Xddresww, Chv"Stmx"Zip: Telephone Nu,. Fax No. Emil address: APPILV: —11.—,M, inority-Ownied Rushul",s Enterprise — wonimilf-Owited Business Ewl ter prise Dksadvanta,gtif Business Esitc-rTrile 24 ........... ' IQ N,rk,fit Pursuant to Chap,tc�,r 176 of the Texas Loc,,,jj, Swommmm Code, a peni'voin, or agLmit �',,,)fa ;person, who MUM or SMS Lic) rx)mrw,,,t, fior the sal or purchase of pmpwVq gcods, cw serve cs mdth the Cit, f North Richlarxid Hills must Fib, a compit,,led 10",niffict Ot'interest questioannaive, The (,,�unfl quemionnAre must fjV,e4j, %vi t" tftic CkY SemvUll Of thc City ofNarth Richland I NI S no latier thand"I'e, ,s,evvnth umin s day aRur Me pemon cc agog beon s conu &,ciassirm,*�or negodadons vvith the City of Nondl Richland HHjs or subSts to the py of'North Richland I fills art aPplication, resrxinw: to a r1equc,,sr,fir,,w prrc)pos,.1 cxr bid, oi,,,wrrr ° o pt tu�,Icnce., or mmxhm Wing rend VO POU-1164 a8,fe%*,Trj1ejr1t, Qmhh the Cky of Nomb RAW HOHs An updaw cc)mRjct c)f intere, i st quesitionnairc must,he, f lHed in wccordwll Ivit cx� h ChaPter 1176, of the UorAJ Goverrim,env Code, An, ofl�mse undcT C'hvter 176 is a C[�,,,i$s C Widemraviva Ibe C0,11flict of"jntr �.Quesfivniraire is iticludedas part oftjiis cjoctj,menj zuid can Ire lik.)iund at 25 ............. ................ .................... . ................ .......... ................ ................... ................. ................ ............ CONFLICT OF INTEREST 0UESTIONNAIRE FORM F � m�i w9wri Ww �rrw� r r��m m$� w uaw H N UM � � u � "ter ,�aW � ' '�4i»"d'w"v �. ,."�". �w bmw�hrrwrm[� n�µm�w1w�ii�� ✓u�umwi✓a1J�s� h"mU"aY✓av" f� »� 1 P'm� ✓f✓u J01 ouV,w d""7✓ro a d'n p�� v ,✓ �✓ d�.� ism VIA' "fl f ✓n,'�' pp� w.rn �m yl" I' "� mo m,:'. wWWr4 r m ter .mt mr1=1 f uw(r'R';t Gj 4�tihm1 aS^ r a a?✓q82 mge i'"m1r",k" wY ;!�'Y 0"" Vkd ro�I(rr 7,i 'r�R abrOcJw P���o nxm, m9aN,�f4',ura�`Piwm „d¢"7N dmrra wwmm� .�iJi ,f'rri iwwlJr w ra n^,Nm a/IF.N Cj(SUw MwS'�1 P lrwrr�q>"9H! b 9aaq"$Nti'Rw mti,✓Ul�['r r!`�Wr•A;&r w a5 N�l�"ff9'I a 1w "m"�,', d ,d"�� ww�w�r ort>YruwYw^k1i 6/y r+m,a„" rwwyo-�m a><w � �whu!,v mv2✓'Y aw ik- b� �'i"a�no mmrvs�;ur"� n'N'U�,.�p�"»,�' raP�rrarr r�i'�"% �'di,�',m��r'mN�utl��T:u�: �w� �,� .m�� r ,w 9, ;✓ f mv;.� +Vra�r � � P�u�aiu,Ur,a �^a,N d'Mrr� wro r �Y d iW�m � r um mr i'6 or vw y8 re murm ago- T P,„ mw aaa,r1 V,,�,,mf"mm ,uu,,,ti dwwe An dw w"),li rra rt th%mro✓ » r i oPrc , M ofe,of owwwwdos Who'Ia I` I� w aw wa wdwd wmw I✓a wwa U* � u I w � a n ad�� m VIA 0� w Ltd„`C "„I�,Y�3 You, wm wkr r` ;!'� ww,..r w wtiamw,�r�ww mr�'wa rrar a ktVdalwai iwrd ref°G Yr Ym w;� �mm "P ar Ir�4wai w�uiu^,O �ll�w fun ww hi,,� ia ,,. w m J rmwa i omw aw r r r r/' 'rand s r w�i rsw wu um rf rmrhvtYn 'fir r,P1ummcas", 104fmc re°alwmn wpm rmm��tvajwn r m-U dbmmm C r w°,�( f .. w �md, � drmyw mm w ldro� w I a w� �w Ilrwishol d 610 r49 rm Imwro a I ov, war f w d mmb of the .0CX d X�, d N damodbe Amy omdojjfofthO 01h o l &' %US'9i 1 �u.�'�'�r, '"4�m' ' f ,4111Ihad0l MPS S IW d','Iif" F*aron r � 1 A, w f�mr pm mrrarm n° d rr mr atm irt �uw fl'wi .�rT w:mmn, rw m,�rwa,dr fu rliml Pmr�✓r.mvr Im owremr aww�r�ar'rorrw. orf irw,✓,CT° Pji c W�w i z m +mm a� r wdwr�w rr�w u ro rr riwdre^�mm tmwr ��aw..ra row; dlr,�,l r�rwwa^ rro1 a i�w.,Ym4w ° err ,m ���rmi r�rawr wrya r+a� m � wn✓f wmra wYr r ,µ �¢Trrmudl'w Ir 1w��rr d Y�^uY�u m ra rbrm wom.m�a'CoYu i �� .r riwru l' wmrwu,a wrw,.Vf Il,r�.ar)"" l wr,4ww.4m rrow p, r� Dl00 Iw��m�ww, mww w!mm IlNmwwrwwwwwwwr ww��wwww� l�n�w a0d ad^mwm w�wwww Iwm�m�d're� �w�wwl� Ilri, Jilr rye;wwa� m �wawm mwm,,....., 1w daaaa�w�x wawmwww Iwadw ww. www to uwjw the,amcad vf6cfer w wam w fyr wdmw or awwaJUa an "m w ww` ww imwr awa of cowl rorfe wrrld wmw mm w'a i �m Pig r wmmv �"6 m fow r wim a ,r, ww law 1� rrm�u wlwr ct ��wt mr wf'rwlfUw Nrrrrrrr r "worm m rm„I, om iwNawF,^n ,r w ,d r&u�rvr if" in ^w.rfk f71 rr ur xa !✓?r m I, (, J � r wmwm rwnroa rrtmmtmy�uv «wmu%,der I�w, �^wwrmr o ° �^�,fmw,�>'�,i,wrrwu aw r°J,r Imm '�d^rFt�,m+„du.Y➢"hsww�rm�JI.�,.�., .�,�^ r�«,�,,,. ...,,�.�,,,. . ^.�.�.^,�.�„�.�,�,w,�...�.,.,,�.., I'Opt om"J 6 l Ma"Wmbl aro taa """Clem arm fala;Rmh.tl 1 7h,rd to LaWM Aharm+l-Y r,m,,rnt -nay w uir"fu tmaa ,701ij'll to UwgII Da„ t. a rart,Ya# �,"a,tlk Fore lsy' fe'vC,mg6j L'rc.ic l'm Lup 17,41 wNuu. j Umu. aa aaartr t m sup C ,m �u saw er eo"um l al a n poo c¢ T kr a,aa�r r rru�daa uq raoadluami r�ru rrr r�aaa�L�a,it'oaln. J' ua Clardu ao a�Vu fl� aw 4f rtlr� ct IID naw or koe u, ui uh "ab rTin a g' � u' 'u � �O! � ao "�» an a�r"1 ".r d,I t,1WH41 Y mN41irh taa"t I'll a�,42m! n m'rat 1 P+�d Q?mom trWtm'k',45,aU'1'ftfl i�';lo h:o tl�Vii^d�""¢.. �r f,dull it�I m'as a7r'"du ial a ew wum» "'''"x a '/�'wN'lcc" tr�l ' a tadVmf kA O haahtA' mtn '"'t by it ut.,v ir,(r wtc," ruiM as icf hFw�taa ai,� mw �:al m ,ads °a„x)Kd""r« tm'uabcw y.and,d d�w����n�� p,lnid A J 1 1cx&Y nnnem 120"Yla H fkto.'u zi r1o,,f, Cr^ Je,',"PP')Cw 6d.m7z"w,nVn ru I roP "01 r o'lac r l r �a tau�m�aa�Wm ,.��u C'V; 8 4 jjj,arFggvwuP ntnr "fitme,ihaodsinfea'n Una br, , 9aamw N� 60 CAW MW re se mnMe coker or 1aa"worp i"tma bWutJ,�au"It��aa'Yo l�imt� a ati"N� i miry m Ise0hY aa dafv as tuaN a s tdtiaar t 7ra a la , 'ra7 at e ammods S jai b��ku m Me ,�� aanmtt ltuummr>luu'd awtata mi,, lc1Mcmrem uaa.eH uaaa WaSPmY"rlath,•aat flj ur 7,u"u 'p" ,fCJ I�htaam�a�ua l to a w� ��^�mYara ltamra�tad�Dull«J[Yytm rrid�a#�aWmrivm laa.tmra�marr ak�m r aam� OW Grrr O %adwwa rt a urrC, m"'it at c t r i,a rm ua a urruV',+t U1iY rdi umrr uru u.;r ur a m mta m,-1'i auiS, tlt,Irie raramrmrair ?�.�9 (Y�Y" PhhurrWl t t'aoam m a�1 a eaa adrYat.2�to a'"�40.�e r Ur G�r "4al(�r,quP"'{Il�r^Y il`�r�"Iial'a a i�Vr.aru.rwi m�iLr9 1""[rmuP �1,�'fm`If, I that. VOW a &wamuhm"1a Beat #m Wsi papa r'ramt up m'^,"Yolnl"T aa'C aaa� a m l�mw�laa°aut�,arumarvrrrr �sart t xiroYar i and vnnp loir at mam b"amai rh um r;Vlrraat air tta fm"*�Glr''&k akl fmmla a m aN"t €9 ou r a a0m✓i ttto aw rtKW t; 1 hh ism'"aast atiwaamalG'rm I iTMra.0 i°P'hlufy u�r�<cr roar k��u ra 5rl uar °amp bar>m durs�a hpiillu� {f a�ttr�m� � u 1, r+u"W"u^rrriawmmattl �a1"uMad'a°r°b%"V,ru.' t 1 has OmWayment w aamw Rio ��i ah a�ul E rl rar rxhu with, b'r m; ove"�rrrtirenr, aNtW m lap, �" mll braa� t r a/haa �aarPmG�pkean� ���ur ral a�Y,Ora muruuh��i�'I"m�ermp'trmaa mat theff5c V a rm m Htfm�.fby 1, ira,, V ru UYrI.'P mpfamt�.m� �a ,t.ve armrmaw�-rl am ll wm r°`,rt as al bmam., t ram �ram`rvl hiaaralP at m i ialaiih,u r Va�aa1iln v mm�u rrr W t�W�e aatl rarram mas6amrt�rtarrat RtY agj�lrbgale%r fu*r Martoo�secly&,rmiiP p,[iQ6mau a uaa a a'wra ^uW ra t rru, Ct+t lea rl +hr rthumamliart lu l 11 Ihi ard,:a f r hlbra ual atrm��m ad`mW� a tit at tlamr at �amwau �r��a mrt arts. tl uut"1,�'t a� t�rtr;ria {liar°'u�racu anal aauriu;IVromr.!,- I h r o mmr�6"1,11ip�"""' a Ot Y4"'"''t!Mar�MrlMr1 a, W&;7r aan�aa f If R Y"17 f✓ t`:vd,k „" � d tlt r 4 i!N r"r; „Ii�,S4",r' �r;a�il�'a IY llui^,"I�f"••Il.a n:u«' `,�i7"r,'GN4"Uiuwry fV;iq lY' , l ,Y Iti�aa�il°'1haeah1 trr��`��a�Phtta Mmrsrla✓JVa,d'r,y�ry u.""a'aY w�kttaaC h'--p the,"tap VfdaY tag+ u r xm ti;!2 at U""faia"4 i�a,8ree of 'V tlmr"'Cry,^ Y ,e u>. 1Ui"tir"Yn�t,P Pf@ "r`"Vhmm1 "a d.�u,�w'laa+lbl'"l whin ma Ycra �vm°m11VV�i;J2°Itld'9W�I satyr "'0.aY"N+°n te lab fd,^°4 kN am,tl gn (yn lh a xwr�"r.'"iWk 'nm G�dY a"imF" 1 om'1UWY r m'"16'"�C m "pnY? u'r"",mir a;Y bi�i all"��qw 'e.7"«a a u man l a mm mae macc, rimothoretlwritVn; tuw ,"V prj Yu ,m am�t �rhiaa& u,.,u¢maP ob t"Ifxr Vu.xN M is mW�.VmI r°94 tlar l'!wW� �"rsit� i Yr �j &rr o ? ttm wamummti, t k.,,afio rigs awayou � i rbm iem"B +m"If7�u�mP'1yV."'k��r`a'"pt dua m"^tt4pir baa&nasia V"firk4 'Uir',myro"a"Uf k aaV^ba to"aTfw'?�n"T'omtrbe/y, tahrt" n m a (a `, t it�:r"m81d�IrP1i1r'm" '�i�4dt'1V�u,+id>m!. hla %a a a hr n,u�, t 1tN�a�mms��ar�&,m�tz t�rtiaua � a MW 10 VOMMr has gAmin one r:ma rnor rtlesc"4, by 1�"�a ad a h ��r�„�r'm�m�m�>amduarW ^a�rhWrl,�t ��a h��marrwmisatamt�a�, r_ . l zu p I a ." N ' ; CI IL The Contracior has the obligation to review aft dcx-,uI"ICmts thiatmak UP,tile CCnt,, � ,�P ) their e imt end include any �� i��wµ Wa O ��� ��� fot° odd ,stio t �"she �i and `���� �� �R��� ;. o ���� ��cWthe MCt DDCUMMS, in Owe Contract Oiame with the Notice to &r . Niu changes car ialcidi icatio N I ipl be I ade to the contact Scuments unless h danges ape set ���h irk, the Qmamut Chaves h", submitied, to the ("its, aj() dual, the Contractmw's ar'oposM, smd fxi to by the Chy,. changes tO swch Provisionsuse "o n,ed by, ioia (For S )ieii, I Nkwdified . .. �. .. .�... ._ e._..... �.�n� � a LIT"It" C)F PROPI I I' VC)IR N,1,A,"F110N During flje. eydjuati(�,n g procc,,,s of tflis :p, to 1,fle Lx'j,erj,r te Jmfw Hills %vill maintalrm all cc,)jj.tc,,nT.,S , Pef1,n 1)'d Y ", thc Cit�,� of North kichland elf t1je PrOPOSCrs' 1' onses, and discussions relate'd to the Prryporer,s, a� a I rn 0 P10POSUAIS a,s, �xnfidenfiaf, The it: will tre I P052h,", ms ccrmfidenfial iunfil negotiatiorls a,rie tf"C succesSful Proposer has be"rN, Selected, and a contract has bevn avrarded, Epuringtime P,"valuarion, proccss, mama, CjtY intCnCiS tO disk-,niinate inffifrnafiori s�tibynhl,W'x by all 5gc'I "tat et t, ,,, T, any consultants eMPloyle(I by, th�� City, aPProPria,le in its sc4e d the elvlluation committee, 2,s; the City decm s, con"'suttants, anxi countnittee immbers shaD, maintain th,e Prup,i,wrs" infk,','jrmeafion as conflidenfial tc) the extunt permitted by Laxu. zV1 mialce6als submitted in, respionse to t1,jj!s RFP shall bixomc, the pmperl.Y Lyf th,e City of Nomh Rxhlandl IfiHs and will mol be req,ul,ned � ,"- a PropcmAwr is Stlectect arvi tj,m4, ccmitt'act is r warded, all shafl be 1 Net, 1101 glcllcaSie in accordance %vitf� Tcxas GOVel'TIM12m Clude (71tapter 552, theTexas Puwic Infbi-trtation (du,,- `Act"), If zl, proix")wr I&Cs ricytr t.icsire Ipmo.rietary, intlirmation in murmur P"OP(:m! U) b d c isc,1vsc%i, is mpaired t,o, We'll-14 all proprietary infirmation in, the, propo�&,jl pr,or" tour o SU1,11'n issiotm of,the The x 'to thr,C"Ity, �, ider1fific,mq),ri sjjj��,jj be done i:),y iridividuafly marking each Plige with the kivords 11.10 proom c-tary un which such pr(,,�ufietary inffirmstjoj�,w is f6und, If the PT01)()wr fails to ii�IeTrftify siulch as pir,(YjXiet�ar rI tl�j,�eplij ()S,cr agreesby suhn �mdon of rats prqx,mal rah, those sectiotis Shall we deemcid non-priapietary and n,na(,Jc, available to the j.,yk,;bjic tipun miucst, as m'nrflmrizcd t)Y law uqvn co mum, Iction of the RFP process amid ziw,trrj Of CC)TATU11, Propic,)sers ;jtjc adviscd that the to the exlc-ut pevmitted by tau, Will Pfutect tam- confIdentiality ud' their Prop,.,)scrs .4,,h"mil cortsider Ohx im pi jcgi`ws Of the AL-1, 1),artic'uLarly afler the RPF p rouess has cemed and it C1011ti'act has bcv,n awarcied If a pk;bfic inilbrmation reqtxst is inade f`kr a Prc,,c,Poser's award of a contr&cr, P(OPIrletary ram forirnation, sum bmhle4,1 in an R.F11 rrj,,Ry 0jrjjy ram rat hheW from ram dischmkirc pul-h,kjall, to Sectic'm 552,110 1 of" the Aa k detum i nation ws, tram whet,her Section 5,52- 101 sum es will ncyt, tx: decided byL lmfke C jt�i of'North Richland HiRs, bui by the Office surf time Attorn y Cienc,.Tal ofi��,jjc Stmj,c &,1'exas, In the event a rek,"Itgest A)r PuNlic infornuition jS made, the Cit, will ncnifs, the Pruposer,, and the Jlrqp<,,�ser is rcqWred 'to request u m. opinion as tg:m� thie cir,.i,rtfidenfialhy and,pnj,,)pfietary nat,cjrc of t,ht inforrimlioram AX)m tIle Atrixrvy General purs 1; uanttcii Scction —52,305 ofthe ,,Wt, Flut Cft',y not authorized to rna ,ram the rquest on the Prarosti's belvalf 29 ........... P N N, 'RHi,O Family, Watcr is �fth-,ing! PrOPOSals fbi,a threv- vearbeaded ic ircam, prograin 'Tile ag -cment vOil icL,rc ive�r the 2022 20.14 %­,unlmef� Scasons, NRIJO's sq,mmer ttert,,(L,,jn k>ctween 2,25,0010''guest's each Scasc"Wrl'' ft e rang;es Ap,proxitnate, Voijumip, Cher the, pgist t"i seawns, NRH201 Family,Waje,,j,Park Purchased the f0flowinggalloits of Dipj)in' Dots, 2017, Z,6 2 8 g,&I 2, 018: 2,376 gallons 201 19 2".9,1- gafions 202(),- 432 ,t,;aH(,,)ns 2()21� 2,5210 gaTions Requiremerq,&�,. I Prices MUSI be, rirm fair, fejagtfi 'Dr aaivee,year,01greemcrit If i U,r rnaintain flrrn pricing, prcyrvi,�Je a 1),ricinji,, n,i�,itjix mkrr,each y a r. I'Wliu,(Jes all iic-,e civam , NAF,120 recluiresa lift, �xiper/dry gc)o(,Is an(j top; , M195 Yatie c,-,Pn al) de�iveri les - N R w i not i rwt,u an y sh i char�e,,s err ssoiciated mith the defivery of"'vres.alie, product, This inClUdes any chargies or- firUM ffiiTid paity Mansportatioll qervice,,&,, 2 Equipment miust he, RimvidexI sit cto icost., ICe Ctcanl, vcndoir rn,,iast alw be I'lesponsiblelbir timely rep that. 3 All MCDU board's ajxd aftlin,'Ork, ire us pfvvidodl five archarge arid have, NRIU:,01's Signagi: may be ChUnged (,r,ut wirtijally (lependirig art condii ic)n auld menu ur price lu %wie,tits, n,,j,s inciti mcnu Ivards, fi ;r kilask and iicecrearn shop windc,iw graj)�[ijic%,, L-x,,tcricyrr grapliies ol.1 rrryr rrr r rr and viirtyl niertus on n, cwce, giaards Additiomigi, Considerations will 111clude NO are flot hinited to the"I(wing. ,4 Annual Spon.%orshil,), 10 NlUtfiPic sir icartwrshiP Oppcwrtun�ties at NRIH;rO FaxnHy Waterpark e!xist, 5 1'eam Nic.mi beir 41 A sn,,rP;xyrtcd 1,wograsn fhavwc,�,tdd provide r)rizes, to tearn rncmrs based on u rfbiriviance anid sales incerqjve:,& 6 Delivery and ShippjgjgW Refiablic an d tiniety defivMY sefvicc 1rorn the 6mie the, Or"JIle"' is Placed is ruandatorv. Dcliverics arie, ckpec,,�,,cd Within ' 4 48 hours firorn timie .................. ................... .................... .................... ................... .............. -—-_-_-- ...................... --—__---- ..................... NRH70 reWes bcaded ice critanj f�(),m t'wo [Ocations, Sheldcyntls, I�v C.'ream Shop arx'f the., Dipp"in" Dc,ts Shut, 'I"hic avvarded vendor will be requirej to provide all necessarV cqwpment and equip,virteTit re,Rair-s W Support the rcsalt ,g r,,-, prkl �jn Shiefdon"s lice Creaus Sibeip,. Thic Ic�e,Crearr) Shop geniertitei 5,15% c'.�fthe park's bcadied j,ce Cream revenue., The Ice Cr earn SI,t<,,)p is conviciaierg,fly locwed ncwr thcfrcmt of tIi,;c pmrk mar thc [,ock(-rs ant] changing arctL&j_ it, is 3, ilc1pula , -stim,tion thrc�ejgjj,(,)ut the and Lvcau'se' it is 11 r Pl'irk's entrancc ajud exii,,t, rnany guicsts ?�wp by dt un tkicir%ray, uu't 0 Scrlt'),g frerm,,rT q 1�y 0 stacagic �5 Vendor SUpplied Kiosk: Th�c, j�>Ckiti,orl, is a 8- x 12' enclo,"ied air-oundiflirrmod ki,os,,k,, c,,,Irrcnt,[,y prcvidccj by DiPpin' Dots, This �C�cl�ti()rl�,Mltf&,C's the rernaliruinlp, 4 51q,o' of the park's beadiI icc crearri revenue, S' x 12' L"nclosed Kiosk fticL,2,,er, qty Serving 7, ............... 2 .......... I m J arw, 14 i%I/%7I q ro 1 f / � u FEW 4 iVI. iroIUI yyl f // rl ro 4-01 v' r .,Rol All Jifw Lu !> qj J l O C 4 "" f ' r �N mewtul ��w„„„gym re " 'Uf —0 �mmrc �^a� "^"� i l'" fu 0 CI m ; „/ 2' fLn r», au fry y, J � " ^ N 1��11 Ui iLn Ln Ile �' w CL �u V) u 0 Lin 0 4-11 0 c mr " 10 CL i rvl d aj j 01- c im of w E CAI IM 10 cf d c00 i 9 //id �i II f / I iVK, Ln r, CL m, " E' f I I, a wow* 4-1 u 0 0 it ra ,�1 J r h �P ih i Yr . CL i c J rc //Oiirrrri 9/ii '% _. 9 r ry "� An c ° r/// i0v� I� p 10 o Z g, 11" /�% aCL ' CL Ln I 1 W m E ILA uNNNI IW 7 N 0 A I �p�,yy < r f� N rvwn4w.1N rr Il lwa� EW CL iooum ®m m®® I0" auluuouu NUIo �� N U ➢ il000uoNNr, ��", h� Uu U� N,yl NNE Gm uVIi I N" � N au lo��W v } omil LU I�� u� �v �l� OOwM1MVNti � II �Vill Y N rJul H� Nf, yU ,CNN r k o MINYi �ON;NU. I �f N� mow oiN Vo�if �Ilmrfl I LL � uaoolN mlp r1 Irw ioN � 7M i 4 �N"oYp��� Vbh� �OOINuor� M� N J'�ApIO)9y�f�yr �� oil 0 Ira lua/u tl1 u ICU, 0 fv 1110 m C 45 N� E t i LO 0 id., w pJ s f it 1, au TM i l P ' w y IL& " "m ID 10 f ro UL r U u ,, �, ja ie " � wwre � r � � �%/ III H �i lfgy Ln -... "� w . LLLL rMT //lam lit ;ei Of �a /��i /r 3i/! / � J wuG CA 10 Y/ mwww r � p urtd w r a TVA //1r a. J q( /% J/ xvW'w. ✓ r%'4�r 1J //�l �i r/�;// /ir�a "7�jf�! /l/g «u w IN Ln lit/// ! l 4-0 10 ff %% o zi 10 CD ilru Cq j I Y l 'J a I q ,Jl i. nro CIO � G f f i t OcCO L5 E " l' JNI u Sdi uco y` �i 4-0 co IN LO ro % Jf43 u Loj i I e11�1 Ln IUr / V') ' as IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: 04-11-2022 SUBJECT: Award Bid No. 22-016 for annual NRH2O food service resale products to Ben E Keith Foods and Flowers Baking Co., in a collective amount not to exceed $250,000. PRESENTER: Frank Perez, NRH2O General Manager SUMMARY: City Council is being asked to approve funding for NRH2O food service resale products for the 2022 season to Ben E Keith Foods and Flowers Baking Company. The contract will cover a six (6) month period from April 12 through September 30, 2022 to cover the upcoming NRH2O season. GENERAL DESCRIPTION: Bidders were requested to submit prices on a list of specific food items as well as specific brands that are high volume sellers. Evaluation factors included brand of food item offered, price, quality, and customer service response. The contract will be awarded to multiple vendors with the total collective amount exceeding $50,000. Therefore, staff is requesting this contract be approved by the City Council. This competitive bid was advertised to the public through the Fort Worth Star Telegram and via the North Richland Hills website. Two (2) bids were received from the following firms: Ben E Keith Foods Flowers Baking Co. Section 1: Core Menu Items Primary Vendor Secondary Vendor A Beef Ben E Keith Foods B Poultry Ben E Keith Foods C Pork Ben E Keith Foods D Fries Ben E Keith Foods E Dairy Ben E Keith Foods F Chips Ben E Keith Foods G Pizza Ben E Keith Foods H Condiments Ben E Keith Foods IrLp NOKTH KICHLAN HILLS I Fryer Shortening Ben E Keith Foods J Misc Foods Ben E Keith Foods L Misc Snack Foods Ben E Keith Foods M Bread Flowers Baking Co Ben E Keith Foods Section 2: Paper/Dry Products Ben E Keith Foods Section 3: Supplemental Items Ben E Keith Foods Ben E Keith Foods and Flowers Baking Co., have a long-standing history of providing reliable service to NRH2O. Ben E Keith will be providing the majority of goods used throughout the park including foods used for Al Gator's Smokehouse & Grill, Piper's and catering. While NRH2O Family Water Park is owned and operated by the city, it is not funded by city property taxes. It is an enterprise fund that is supported by the revenues the park generates. Funding for this item was included as part of the FY22 Adopted Budget for the Aquatic Park Fund. RECOMMENDATION: Award Bid No. 22-016 for annual NRH2O food service resale products to Ben E Keith Foods and Flowers Baking Co., in a collective amount not to exceed $250,000. N O K T H RICHLAND HILLS THE CITY OF CHOICE PURCHASING DEPARTMENT REQUEST FOR BID 22-016 NRHIL" FOOD SERVICE PRODUCTS BIDS DUE TURSDAY, MARCH 10, 2022 BY 2:00 P.M. Contents INVITATIONTO BID ...............................................................................................................3 GENERALCONDITIONS.........................................................................................................4 MINIMUM INSURANCE REQUIREMENTS .........................................................................10 NON-COLLUSION AFFIDAVIT OF BIDDER........................................................................21 BIDCERTIFICATION.............................................................................................................22 COMPLIANCE WITH HOUSE BILL 1295..............................................................................23 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY...............................................24 CONFLICT OF INTEREST QUESTIONNAIRE......................................................................25 CONTRACTCHANGES GRID ...............................................................................................28 CONFIDENTIALITY OF PROPRIETARY INFORMATION..................................................29 SPECIFICATIONS.....................................................................Error! Bookmark not defined. 2 INVITATION TO BII) The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 22-016 ➢ Bid Type: REQUEST FOR BID ➢ Bid Name: NRH2O FOOD SERVICE PRODUCTS ➢ Bid Due Date: Thursday, March 10, 2022 ➢ Bid Due Time: 2:00 P.M. Central Standard Time ➢ Deadline for questions: Date: Friday, March 04, 2022 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 after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. All bid responses must be turned in complete from cover page to the last page of the bid — pages in order. 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 2:00 P.M. Thursday, March 10, 2022. 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; 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. 4 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. 8. 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 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 5 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. 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). 6 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 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. 7 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100) percent of the total contract price; if the total contract amount exceeds$50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and 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 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code, vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. [VyYes, we agree [ ]No, we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85"' Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code, vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. [ ,./Yes, we agree [ ]No, we do not agree 8 By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subject to the contract prohibition under Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment- The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to me. 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.coi-n/DocumentCenter/View/389/Code-of-Ethics---PDF?bidld [agree [ ] I do not agree 25. 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 fain 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 MINIMUM INSURANCE REQUIREMENT'S 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. The following guidelines are designed to show the most common minimum insurance requirements for standard contracts and agreements with the City. Non-standard agreements may require additional coverage and/or higher limits. Coverage Amounts required for non-standard agreements to be determined by the department and the City Manager. General Contracts for Services: Service work, and general maintenance agreements, etc. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation &Employer's Liability ❑ Payment and Maintenance Bond (if applicable) *See Exhibit A for insurance language to include in general contracts for services* Professional Services: Consultants or other professionals including: accountants, attorneys, architects, engineers, medical professionals, medical services, etc. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation &Employer's Liability ❑ Professional Liability or equivalent Errors & Omissions (appropriate to Contractor's profession) *See Exhibit B for insurance language to include in professional services contracts* Construction: Building contractors for construction projects. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation&Employer's Liability ❑ Professional Liability(if applicable for design fimction) 10 ❑ Builder's Risk(required for new or existing property under construction) ❑ Payment and Maintenance Bond (if applicable) *See Exhibit C for insurance language to include in construction contracts* Information Technology/Network Access Services: For the purchasing and installation of technology-related software and equipment or contracting services that support, maintain or interact with the CITY'S technology systems. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation &Employer's Liability ❑ Professional Liability(if applicable) ❑ Cyber Liability *See Exhibit D for insurance language to include in IT/network access services agreements* Standard Minimum Required Insurance Coverage Insurance Type Limit Provision City to be listed as additional insured $1,000,000 Each Occurrence and provided 30-day Commercial General $2,000,000 Aggregate notice of cancellation Liability or material change in coverage For Construction Projects: $2,000,000 Each Occurrence $4,000,000 Aggregate Automobile Liability $1,000,000 Combined Single Limit Waiver of Workers' Compensation Texas Statutory Requirements subrogation in favor of City $500,000 injury- each accident Employer's Liability $500,000 disease - each employee $500,000 disease - policy limit Professional Liability(or equivalent Errors & Omissions coverage $1,000,000 Each Occurrence appropriate to the Contractor'sprofession) Builder's Risk(required for new or existing property 100% Value under construction) Cyber Liability $1,000,000 Each Occurrence Payment/Maintenance Bonds In accordance with Chapter 2253 of the Texas Government Code 11 EXHIBIT A GENERAL CONTRACTS FOR SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including,property damage, bodily injury,products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non-owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed,terminated, or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 12 Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. 13 EXHIBIT B PROFESSIONAL SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability (Errors and Omissions) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, describe type of services, with a limit no less than $1,000,000 per occurrence or claim. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed,terminated, or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. 14 CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. i 15 EXHIBIT C CONSTRUCTION For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability(if contract involves design work) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than$1,000,000 per occurrence or claim E. Builder's Risk CONTRACTOR shall maintain Builder's Risk Insurance providing All-Risk (Special Perils) coverage in an amount equal to one hundred percent (100%) of the completed value of the project in question and no coinsurance penalty provisions. The policy shall list the CITY as loss payee as their interests may appear. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 16 Policies of insurance shall not be cancelled non-renewed,terminated, or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. 17 EXHIBIT D INFORMATION TECHNOLOGY/NETWORK ACCESS SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease -policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability(Errors and Omissions) If appropriate for CONTRACTOR'S work, CONTRACTOR shall maintain Professional Liability(or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than $1,000,000 per occurrence or claim. E. Cyber Liability CONTRACTOR shall maintain cyber liability (or equivalent) insurance. Such insurance shall provide limits of no less than $1,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as undertaken by the CONTRACTOR. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 18 Policies of insurance shall not be cancelled non-renewed, terminated, or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 19 Other Insurance Requirements - To Be Included As Applicable CONTRACTORS who serve or distribute liquor: Liquor Legal Liability - CONTRACTOR shall maintain Liquor Legal Liability coverage covering the selling, serving,or furnishing of any alcoholic beverage performed by CONTRACTOR,or on its behalf. Such insurance shall provide limits of no less than $1,000,000.00 per occurrence. CONTRACTORs who hold long-term leases: Property Insurance — LESSEE shall maintain Property Insurance against all risks of loss to any improvements or betterments, at full replacement cost with no coinsurance penalty provision. The CITY shall be added as a Loss Payee to the policy as interests may appear. CONTRACTOR's whose work involves chemicals or otherwise has a pollution exposure: Contractors' Pollution Liability(or equivalent)—CONTRACTOR shall maintain Contractors'Pollution Liability with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000 policy aggregate. CONTRACTORS who take possession of City or public vehicles(e.g., parking lots operators,auto repair shops): Garage Keepers Liability(or equivalent)—CONTRACTOR shall maintain Garage Keepers Liability or equivalent coverage for applicable property while in the CONTRACTOR'S care, custody or control. Coverage must include Comprehensive and Collision coverage. Such insurance shall provide limits equal to no less than the total value of CITY or public property in the CONTRACTOR'S care, custody and control at any one time. CONTRACTORs who own and operate unmanned aircraft (drones): UAS Liability (or equivalent) - CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of Unmanned Aerial Systems (Drones). Coverage must include limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 20 NON-COLLUSION AFFIDAVIT OF BIDDER State of `7�1CA S County of ��� 5¢,e✓� ,)®n>e5 verifies that: (Name) (1) He/She is owner, partner, officer, representative, or agent of 13ew �2�a'�i ®p s has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. y'IpII CECILIA GABRIELA MARTINEZ Y PVe i^ _Notary Public,State of Texas z: SIG ATIJ E N,: 'ec Comm.Expires 10 03-2025 '9�OF +� Notary ID 131301697 ��c✓�. ,,sr�e s PRINTED NAME Subscribed and sworn to before me this 10 Day of "(CkfV 202t t -A 1l X NOTARY PUBLIC in and for \ �X-r Cc-v\A' County, Texas. My commission expires: to J3 ® � THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID 21 BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: O 2N !z ADDRESS: o (..i.'� � ���e�s ��V0 CITY, STATE & ZIP: ����-a- t^ �d �`� G 1 4 o TELEPHONE: FAX 5 9 Z3 S EMAIL: So oNes ; -� 6eNe t,�1 Marti SIGNATURE: PRINTED NAME: ��e-✓'cam Ne s' DATE: 22 22 COMPLIANCE WITH HOUSE BILL 1295 In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested patties 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 patties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title, 4) Sign the printed copy of the form(an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at https://www.ethics.state.tx.us/whatsnew/elf info_forml295.htm. 23 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P O Box 13186,Austin, TX 78711-3186 (512) 463-5872 http://www.window.state.tx.us/procurement/prog/hub/hub-certificat ion/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 http://www.nctrca.org/cei-tification.htmi If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE A THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 24 CONFLICT OF IN'TERES'T 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: httt)s://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CI For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by N.B.23,84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 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 dale the vendor becomes aware of facts that require Ole statement to be filed. Sea Section 176.006(a-1).Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An Offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. 2 El 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. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family inetnber of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes E-1 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? Yes F7 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 26 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.iegis.state,tx.usl Docs/LG/him/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to 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§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 1 113 0/2 0 1 5 27 CONTRACT CHANGES GRID The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terms and Conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID Proposed Contractor/Bidder ("Contractor" or "Bidder"), submits the following modifications to the City's Standard ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s) proposed by Contractor; however, the City agrees to negotiate in good faith in consideration of Contractor's request, subject to legal requirements, City policies and advice of the City Attorney. Section /Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only) City Response: Accepted Not Accepted Modified 28 CONFIDENTIALITY OF PROPRIETARY INFORMATION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to disseminate information submitted by all Proposers to selected staff, any consultants employed by the City, and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee members shall maintain the Proposers' information as confidential to the extent permitted by law. All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552, the Texas Public Information Act (the "Act"). If a Proposer does not desire proprietary information in the proposal to be disclosed, it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Proposer fails to identify such information as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deemed non-proprietary and made available to the public upon request as authorized by law upon completion of the RFP process and award of contract. Proposers are advised that the City, to the extent permitted by law, will protect the confidentiality of their proposals. Proposers shall consider the implications of the Act, particularly after the RPF process has ceased and a contract has been awarded. If a public information request is made for a Proposer's response following award of a contract, proprietary information submitted in an RFP process may only be withheld from public disclosure pursuant to Section 552.1101 of the Act. A determination as to whether Section 552.1101 applies will not be decided by the City of North Richland Hills, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, and the Proposer is required to request an opinion as to the confidentiality and proprietary nature of the information from the Attorney General pursuant to Section 552.305 of the Act. The City is not authorized to make the request on the Proposer's behalf. 29 SPECIFICATIONS The purpose of these specifications is to describe a quality standard deemed desirable for the City of North Richland Hills, while allowing for competitive pricing from various suppliers. These specifications are intended to be descriptive rather that restrictive and are not purposefully intended to eliminate any bidder from bidding a product equivalent or superior to that described. Any exception to these specifications by any supplier must be noted on a separate sheet of paper labeled `Exceptions to the Specifications". If no exceptions are listed, it will be assumed by the City of North Richland Hills that the bidder intends to comply with all of the provisions of these specifications. Please complete all information requested on the bid form. Brand names that are listed are the results of testing by NRH2O staff. Bids offering alternate brands shall be reviewed and vendor may be requested to submit samples for testing. BID AWARD Contracts will be awarded to successful bidders based on the total maximum bid price per section and the bidders' past performance The length of this contract will be for a six(6) month seasonal period (April 12, 2022 through September 30, 2022) with an option to renew for three (3) additional six(6) month seasonal periods if agreed upon by both parties. DURATION OF AGREEMENT AND PRICE ADJUSTMENTS The successful bidder will be awarded a six(6) month seasonal agreement effective the date of award. Prices are to remain firm for the six(6) month seasonal agreement period (April 12, 2022 through September 30, 2022). At the City's option, the agreement may be renewed for three (3) additional seasonal six (6) month periods at a price proposed by the contractor. The Contractor shall submit the renewal proposal with price changes and justification to the Purchasing Department at least sixty(60) days before the next seasonal agreement period begins March of each ems). 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 departments utilizing the contract. All areas of non-conformance shall be submitted in writing to the Purchasing Manager and must be corrected within 10 days from date of notification. After three non-conformance complaints the contract may be subject to cancellation. The quantities listed are estimated quantities using the best information available. The City reserves the right to choose the items that will be purchased and to purchase more than or less than the quantities listed in each section. City of North Richland Hills Purchase Order Number must appear all invoices submitted to the City of North Richland Hills Orders paid by the City within thirty days from receipt. 30 ORDER & DELIVERY REQUIREMENTS Vendors must provide next-day delivery on all orders. Overnight key-drop deliveries before lam are preferred. The vendor will be issued one key and an alarm code that will be used for delivery. When overnight key drops are unavailable, deliveries MUST be made no later than 9:30 am. Accepting deliveries after this time frame impacts both park operations and guest traffic flow. NRH2O reserves the right to delay accepting or refuse deliveries past 9:30am and require redelivery. Any exceptions must be scheduled in advance. Items listed are for NRH2O Water Park, located at 9001 Grapevine Highway. Orders will be placed twice weekly by an authorized representative of the Water Park. Notification of"Out of Stock" items must be given to NRH2O by 5:00 p.m. same day order is placed. Orders will be placed on an as needed basis. Vendor shall state if they can offer any of the following services which will be considered as part of the evaluation criteria: a) End of season buy backs Q'YES ❑ NO; Please disclose any restrictions in writing and submit it with bid. b) Provide samples for team member training OYES ❑ NO c) Provide menu engineering and design services BYES ❑ NO; please provide details and any costs associated with bid. d) Provide cost of goods analysis and inventory tracking systems KYES ❑ NO; please provide details and any costs associated with bid. e) Provide a sponsorship that supports team member sales incentives: ❑ YES ❑ NO $1,500 sponsorship for team member incentives ❑ YES ❑ NO $1,000 sponsorship for team member incentives ❑ YES ❑ NO $750 sponsorship to for team member incentives OYES ❑ NO Other: 31 f) Participation in NRH2O's consignment ticket program. LI-'YES ❑ NO; Please list HR Benefits contact person: i. Name: f`)',,9,-4-- ii. Title Ip— iii. Phone Number: iv. E-mail: jti "0_ -,+ a All bids must be submitted on the bid forms included in this specification package. Nutritional facts are to be submitted for each of the items listed on the bid forms, upon request. This bid shall be awarded to the lowest bidder who meets all specifications. City of North Richland Hills will not enter into any contract where cost is provisional upon such clauses as "escalator" or "cost-plus" clauses. Prices must be firm for the entire contract. 32 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 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 176.006,Local Government Code.An offense under this section is a misdemeanor. 1J Name of vendor who as a business relationship with local governmental entity. Ben le Y-Uwl f owk RA) 2 ❑ 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.) 31 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176,003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ 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? Yes 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? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 0"L6 44A& Signature of vend doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 26 'M I i W 1 I kT- o N M M7f o e�1 o N F- (a (» 61) (s» (ry (» (1) UY (s (» in cn F- +n (n v� +n in n F- in -Ln v> v� in in v> N P �Q CiC �° Q N Fo- m y r- C' C� H �.9 V� M Q1 °' a v 60 w �o ell U (!1 M o U (� E Oo Q0 E (Y Eeac 00 _ ri .9 > Ln LO O 0 0 0 0 O O O In to j? r� o o co 0 0 o Ln + (0I-q I'D CD CD co N c-i l0 41 Ln CD CD N 00 c-I O N N m co LL O O LL ON Owl co ¢ Ln o f� c-I N V' ItN O c-1 -0 N O MO rlr% N a� rn CD O aN U N d O M U - LL O a LO 000 N LO U) C W N .0 c6 LL 0 00 Q 3cn f6 (D U) 0 Y N U) cm O C. 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U m CDN r- �- U p a a N 0 N Ia0 (�6 Q U N L N N ❑ ❑ N 0) ro 0 cm ro U o _ d X y y LL Y cc Qj x X °� a m U I LL N V) Q N U N 0) ro0 O U C C 1 N m LL LL U J b y m a) rn c) a o _ _ m O m �. O C W Uj a y Q N LL a) 0 a) m N Q. O. G N W a) N a) N a) LL N y m N y N a) N D 0 O N > > > y J rn > > > > c a c c L 0 v . N Y N Y N N ro N a N d N �- N a) m fn N AC N Y N N fA y N N N a) @ ro o ro a o N o .o .o n a) s E .o s m 2 — s o 'S o ro ro v o a cn o rn m cn a cn x (n LL cn LL in a <n cn ii 0) LL u> LL cn a cn ii 0U cn U cn a v> a F- NORTH KICHLAND HILLS TqRH THE CITY OF CHOICE PURCHASING DEPARTMENT REQUEST FOR BID 22-01.6 NRH2O FOOD SERVICE PRODUCTS BIDS DUE THURSDAY, MAI CH 10, 2022 BY 2:00 P.M. Contents INNI"I'A 11 T BITS...,...... .......... ......»» .. ..»»» .................... ,,....... ... ., ..... ..... ......... ...m,.... GENERAL COND1" 1ONS....,,........ ...... .......---... ..,...... ......,.. . ...H ......... ......,.. MINIMUM I StMAN E LII E F, T .... ,,,........»»...» . »»...............10 N0N-COl. (.J ION l°' I�CJAVIT OF B1� ER... ......... ......... .............................. ........,......21 ID CERTIFICATION ................................. ...... » ...--...................,. ..........—,- 22 COMPLIANCE WITH 1°1 I.1SE BILL 1295.......,. -....... .... ......... ......... ......... .......' ["OR DISADVANTAGED U II 'I" ENTERPRISES ONLY --- ..................................... —24 CONFLICT OF INTIERES"l- ON—i-PLAC"T CHA E GR,ID --...... ..... ,.m ........ ........ ............. r, l CONFIDENTIALITY OF P � �IE'A'A Y INFORMATION ........... ..-2 I I ICA1` O ..,... ... ...» ....... ......... .......... .Error! Bookmark not defined. INVITATION TO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 22-016 ➢ Bid Type: REQUEST FOR BID ➢ Bid Name: NRH2O FOOD SERVICE PRODUCTS ➢ Bid Due Date: Thursday, March 10, 2022 ➢ Bid Due Time: 2:00 P.M. Central Standard Time ➢ Deadline for questions: Date: Friday, March 04, 2022 Time: 12:00 P.M. Central Standard Time DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: www, ublicpurchase c, ,m No oral explanation in regards to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. All bid responses must be turned in complete from cover page to the last page of the bid pages in order. 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 2:00 P.M. Thursday, March 10, 2022. 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; 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. 4 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. 8. 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 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 5 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. 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). 6 4210 Edwards Road Denton,`E•X 76208 Tel: 940.363.5260 F71 Flowers Baking Co. of Denton,uc References Cleburne ISD Begin Service: August 2010 2403 N. Main Cleburne, TX 76033 Contact: Debra Matthews dmatthews@c-isd.com Office: 817-202- 1100 Fax: 817-202-1467 Godley ISD Begin Service: July 2010 512 Links Drive Godley, TX 76044 Contact: Lacey Manuel lmanuel@godleyisd.net Office: 817-389-3230 Fax: 817-389-3298 Forney ISD Begin Service: August 2010 600 Bois D Arc Street Forney, TX 75126 Contact: Lene Gonzales le e ... is net c� dales . .�... for e ,.... Office: 469-762-4100 Fax: 469-762-4101 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 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. 7 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100) percent of the total contract price; if the total contract amount exceeds$50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation greements with the City of North Richland Hills. [ ] Yes, we agree [ No, we do not agree 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code, vendor has not and shall not boycott Israel at any time while provi 'ng products or services to the City of North Richland Hills. ] Yes, we agree [ ] No, we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 851h 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 or anization while providing products or services to the City of North Richland Hills. [ Yes, we agree [ ]No, we do not agree 8 * By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subject to the contract prohibition under Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment-The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to me. I understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. hqo l�www.nrhtx.com/DocumentCenter V ew 38.9/Code- f-Ethics PDF?bidld...... .... -of- [ I agree [ ] I do not agree 25. 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 MINIMUM 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 covers es 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. The following guidelines are designed to show the most common minimum insurance requirements for standard contracts and agreements with the City. Non-standard agreements may require additional coverage and/or higher limits. Coverage Amounts required for non-standard agreements to be determined by the department and the City Manager. General Contracts for Services: Service work, and general maintenance agreements, etc. C 1 Commercial General Liability I Automobile Liability ]i Workers' Compensation& Employer's Liability I::"I Payment and Maintenance Bond (if applicable) *See Exhibit A for insurance language to include in general contracts for services* Professional Services: Consultants or other professionals including: accountants, attorneys,architects, engineers, medical professionals, medical services, etc. I.D Commercial General Liability I,,,,I Automobile Liability [".11 Workers' Compensation& Employer's Liability C:l Professional Liability or equivalent Errors & Omissions (appropriate to Contractor's profession) *See Exhibit B for insurance language to include in professional services contracts* Construction: Building contractors for construction projects. D Commercial General Liability D Automobile Liability Workers' Compensation& Employer's Liability I Professional Liability(if applicable for design function) 10 BuiIder's Risk (required for new or existing property under construction) Payment and Maintenance Bond (if applicable) *See Exhibit C for insurance language to include in construction contracts* Information Technology/Network Access Services: For the purchasing and installation of technology-related software and equipment or contracting services that support, maintain or interact with the CITY'S technology systems. U Commercial General Liability I::::I Automobile Liability f:::a Workers' Compensation & Employer's Liability Professional Liability(if applicable) a Cyber Liability *See Exhibit D for insurance language to include in IT/network access services agreements* Standard Minimum Required Insurance Coverage Insurance Type Limit Provision City to be listed as additional insured $1,000,000 Each Occurrence and provided 30-day Commercial General $2,000,000 Aggregate notice of cancellation Liability or material change in coverage For Construction Projects: $2,000,000 Each Occurrence $4,000,000 Aggregate Automobile Liability $1,000,000 Combined Single Limit Waiver of Workers' Compensation Texas Statutory Requirements subrogation in favor of City $500,000 injury - each accident Employer's Liability $500,000 disease - each employee $500,000 disease - policy limit Professional Liability(or equivalent Errors & Omissions coverage $1,000,000 Each Occurrence appropriate to the Contractor'sprofession) Builder's Risk(required for new or existing property 100% Value under construction) Cyber Liability $1,000,000 Each Occurrence Payment/Maintenance Bonds In accordance with Chapter 2253 of the Texas Government Code 11 EXHIBIT A GENERAL CONTRACTS FOR SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an"occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with Iimits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non-owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 11 Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. 1 ,4`i d CERTIFICATE OF LIABILITY INSURANCE �02/251 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,ANDTHE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(iss)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 this certificate does not confer rights to the certificate holder in lieu of such endorsame a. PROWCER NAME: McC,rilf Insurance Services,Inc 3400 Overton Pack Drive SE PIIOsIE 404 497-7500 FAX No): Suite 300 L Atlanta,GA 30339 ADDRESS. INSURE 8 AFFORDING COVERAGE NAIC 4 INSURER A ACE American Insurenoe Company 22607 INSURED INSURER B ACE Property and Canially Insurance Company 20699 Flowers Foods,Inc. 1919 Flowers Circle INSURER C: Thomesvile,GA 31757 uNI11N1ER D INSURER E INSURER F: IEEA COVERAGES CERTIFICATE NUMBER:M2GL4ZYW 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 CONTRACT OR OTHER DOCUMENT YYiTH 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 LTµ TYPE OF IN9URAMCE POLICY NUMBER LIWTB A X GENERAL LRABDITY HOO G72491464 07101=1 07/0112022 EACH OCCURRENCE S 2.000.000 CLAIMS-MADE I(OCCUR PREMISES atamronte S 1.000,000 MEo EXP fay om pew) s EXCLUDED .... .... .... .. PERSONAL 6 AOV INJURY s 2.00D,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE s 4.000,000 pqPOLICY❑SE-CT LOC PRODUCTS-COMPIOPAGG 5 4,000,000 OTHER: $ A AUTOMOBIE LLMULtrY ISA H25543592 07/01/2021 07101120Y1 t s emkW41 $ 5,000,000 X ANY AUTO BODILY INJURY(Per perwn) t OWNED SCHEDULED BODILY INJURY(Per aodd"d) $ AUTOS ONLY AUTOS HIRED NON-OWNED IPROPEM DAMAGE = AUTOS ONLY AUTOS ONLY Per aoddw* f X UMBRELLAUAB X OCCUR 028121763006 071011MI 07101/2022 EACH OCCURRENCE $ 1,000.000 SXCESSLL45 CLAIMSLAADE AGGREGATE $ 1,0t10,000 DED X RETEN7i0iV S 10 eoo Prod S 1,000.000 WORKERS COMPENSATION PER OTFF AND EMPLOYERS LIABRJrY Y I N ANY PROPRIETORRMRTNFRIEXECUTIVE❑ NIA EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? oftnaltmy In NH) E.L.DISEASE-EA EMPLOYEE $ B yea,ds wMar DESCRIPTION OF OPERATIONS blow I E-L.DISEASE..POLICY Llurr S s s s $ DESCRIPTION OF OPMA7IDNS I LOCATIONS IVEHICLES(ACORD 101,Additional Ramwk s Sdwduls,nrslr bs attw*"U"rare spry Is req*ed) The Certittcate Holder is Included as Additional Insured-Vendor on the General Liability policy as required by wrMen Contract. The Certificate Holder is Included as Additional Insured-Designated Person or Organization on the Gerreral Liability policy as respects the insureds ongoing operations or in connection with premises owned by or rented to the insured,as required by written conlroa Waiver of Subrogation is in favor of the certificate holder for the Automobile Liability policy referenced herein as required by written Contract. Waiver of Subrogation is in favor of the certificate holder for the General Liability policy referenced herein as required by written contract. A Waiver of Subrogation is in favor of the Certificate Holder for the Workers'Compensation policy referenced herein as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of North Richland Hills 43D1 City Point 22 016 NRH2O FDDdsenriCB Products AUTF1oftQFD RFPRESEIRTATNE 4301 City Pdnl Drive North Richland Hills,TX 76180 Paga 1 of I 01958 2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD EXHIBIT B PROFESSIONAL SERVICES For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos,covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability(Errors and Omissions) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, describe type of services, with a limit no less than $1,000,000 per occurrence or claim. Insurance limits can be met with a combination of primary and excesslumbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed,terminated, or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. 14, CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 1 EXHIBIT C CONSTRUCTION For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos,covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability(if contract involves design work) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than $1,000,000 per occurrence or claim E. Builder's Risk CONTRACTOR shall maintain Builder's Risk Insurance providing All-Risk (Special Perils) coverage in an amount equal to one hundred percent (100%) of the completed value of the project in question and no coinsurance penalty provisions. The policy shall list the CITY as loss payee as their interests may appear. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 1 Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless and until thirty(30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. 7' EXHIBIT D INFORMATION TECHNOLOGY/NETWORK ACCESS SERVICES For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto,or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability(Errors and Omissions) If appropriate for CONTRACTOR'S work, CONTRACTOR shall maintain Professional Liability(or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than $1,000,000 per occurrence or claim. E. Cyber Liability CONTRACTOR shall maintain cyber liability (or equivalent) insurance. Such insurance shall provide limits of no less than $1,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as undertaken by the CONTRACTOR. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 1 Policies of insurance shall not be cancelled non-renewed,terminated, or materially changed unless and until thirty (30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 1' Other Insurance Requirements - To Be Included As Avylicable CONTRACTORs who serve or distribute liquor: Liquor Legal Liability - CONTRACTOR shall maintain Liquor Legal Liability coverage covering the selling,serving,or furnishing of any alcoholic beverage performed by CONTRACTOR,or on its behalf. Such insurance shall provide limits of no less than $1,000,000.00 per occurrence. CONTRACTORs who hold long-term leases: Property Insurance - LESSEE shall maintain Property Insurance against all risks of loss to any improvements or betterments, at full replacement cost with no coinsurance penalty provision. The CITY shall be added as a Loss Payee to the policy as interests may appear. CONTRACTOR's whose work involves chemicals or otherwise has a pollution exposure: Contractors' Pollution Liability(or equivalent)--CONTRACTOR shall maintain Contractors' Pollution Liability with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000 policy aggregate. CONTRACTORS who take possession of City or public vehicles(e.g., parking lots operators,auto repair shops): Garage Keepers Liability(or equivalent),—CONTRACTOR shall maintain Garage Keepers Liability or equivalent coverage for applicable property while in the CONTRACTOR'S care, custody or control. Coverage must include Comprehensive and Collision coverage. Such insurance shall provide limits equal to no less than the total value of CITY or public property in the CONTRACTOR'S care, custody and control at any one time. CONTRACTORs who own and operate unmanned aircraft(drones): UAS Liability (or equivalent) - CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of Unmanned Aerial Systems (Drones). Coverage must include limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 20, NON-COLLUSION AFFIDAVIT OF BIDDER _6 State of County ofnnn ., � AfiA' N verifies that: (Name) (1) He/She is owner, partner, officer, representative, or agent of „ - , has submitted the attached bid: (Company Na ) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. w SIGNAT RE ... ..,,� ��. PRINTED NAME Subscribed and sworn to before me this Da of .._ ....... y 202 DEBORAH LYNNE GONZALES : n Notary ID#124041037 NOTARY PUBLIC115YfAV_ i My Commission Expires May 2$,2024 County, Texas. My commission expires: Aw,.- THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID 21 BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of 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. n, COMPANY: ADDRESS: CITY STATE & ZIP: TELEPHONE: FAX � � ,,,,,,' ,,,,,,,, EMAIL: �'s an ...c or .-tivi,,,,,,,ry SIGNATURE: � ....� PRINTED NAME: DATE: � . .... . �� COMPLIANCE WITH HOUSE BILL 1295 In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The Iaw states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either(1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid,,'RFP Number and Bid Title. 4) Sign the printed copy of the form (an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The 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 https://www.ethics.state.tx.us/whatsnew/eIfu info form I 295.htm. 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 iofi 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. 2022-854718 Flowers Baking Co.of Denton, LLC Denton,TX United States Date Filed: 2 Name of governmental entity or state agency that is a parry to the contract for which the form is 02/25/2022 being filed. North Richland Hills-NRH2O 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. RFP: 22-016 NRH2O Food Service Products-Bread 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 Patty. ❑ X 6 UNSWORN DECLARATION My name is V4 oAis ......................................_.......... and my date of birth is ................ My address is (street) (city) (state) (zip code) (count(y) I declare under penalty of perjury that the foregoing is true and correct, Executed in.............................. ...... b�................ ......�..............................................County, State of on the day of tl[�V 20 (month) (year) �►�r Pos DEBORAH LYNNE GONZALES i®fin Notary ID#124941037 a2-9 "y J„ my Commission Expires Sign re of authorized agent of contracting business entity May 28, 2024 (Dedarant) Form www.ethics.state.tx..us Version V1.1.191b5cdc FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P O Box 13186,Austin, TX 78711-3186 (512) 463-5872 ht 2+ www.window state tx usJ tirocurement rog/t ub�hub-certifica i�;�n/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington,Texas 76011 (817) 640-0606 htt : ?www.nctrca or r rtificat.n.html If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 24 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/data/forms/conflict/Cl df CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Lag.,Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Recelved has a business relationship as defined by Section 178.001(1-a)with a local governmental entity and the vendor meets requirements under Secfion 178.008(a). By law this questionnaire must be filed with the reoords administrator of the local govemmental entity not later than the 711h business day after the data the vendor becomes aware of facts brat require the statement to be flied. See Section 178.008(a-1),Loral Government Code. A vendor commlts an offense it 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 goventmental entity, 2 ❑ Check this box if you we 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 Inacwrate.) �131 frame of local governmwd officer about whom the Information Is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a famfiy member of the officer,as described by Section VG.003(ax2)(A).Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form CIO as necessary. A, Is the local government officer or a family member of the officer receiving or likely to receive taxable Inme„ other than investment Income,from the vendor? ED Yes E-1 No B. Is the vendor receiving or likely to recehre 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? Yes F1 No 5 Describe each employment or business relallonshlp that the vendor named In Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. oil ❑ Check this box if the vendor has given the local govemment officer or a family member of the officer one or more gifts as described In Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). 7 gnature of vendor d2ing business with the govemmen en ry Date Form provided by Texas Ethics Commission www.ethics.slate.I:K us Revised 11I30f2015 26 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.leg!s.state.tx.us/ Docs/LG/htm/LG.176.him.For easy reference,below are some of the sections cited on this form. Local Government Code tt 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§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 Ora family member of the officer that resets 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 governmenta?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 fhaV (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 4 176.006 a and a-1 (a) Avendor shall file acompleted conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,Ora 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 FtWcs Commission www.elhlcs.state.tx,us Revised 1113a,2015 CONTRACT CHANGES GRID The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terms and Conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID Proposed Contractor,/Bidder ("Contractor" or "Bidder"), submits the following modifications to the City's Standard ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s) proposed by Contractor; however, the City agrees to negotiate in good faith in consideration of Contractor's request, subject to legal requirements, City policies and advice of the City Attorney. ..... _ ....................... Section /Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use ....... ........ ................ _ ) ........................ mmm o,.... . .............................. City Response: Accepted Not, ccepted Modified CONFIDENTIALITY OF PROPRIETARY INFORMATION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to disseminate information submitted by all Proposers to selected staff, any consultants employed by the City, and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee members shall maintain the Proposers' information as confidential to the extent permitted by law. All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552, the Texas Public Information Act (the "Act"). If a Proposer does not desire proprietary information in the proposal to be disclosed, it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Proposer fails to identify such information as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deemed non-proprietary and made available to the public upon request as authorized by law upon completion of the RFP process and award of contract. Proposers are advised that the City, to the extent permitted by law, will protect the confidentiality of their proposals. Proposers shall consider the implications of the Act, particularly after the RPF process has ceased and a contract has been awarded. If a public information request is made for a Proposer's response following award of contract, proprietary information submitted in an RFP process may only be withheld from public disclosure pursuant to Section 552.1101 of the Act. A determination as to whether Section 552.1101 applies will not be decided by the City of North Richland Hills, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, and the Proposer is required to request an opinion as to the confidentiality and proprietary nature of the information from the Attorney General pursuant to Section 552.305 of the Act. The City is not authorized to make the request on the Proposer's behalf. 29 SPECIFICATIONS The purpose of these specifications is to describe a quality standard deemed desirable for the City of North Richland Hills, while allowing for competitive pricing from various suppliers. These specifications are intended to be descriptive rather that restrictive and are not purposefully intended to eliminate any bidder from bidding a product equivalent or superior to that described. Any exception to these specifications by any supplier must be noted on a separate sheet of paper labeled "Exceptions to the Specifications". If no exceptions are listed, it will be assumed by the City of North Richland Hills that the bidder intends to comply with all of the provisions of these specifications. Please complete all information requested on the bid form. Brand names that are listed are the results of testing by NRH2O staff. Bids offering alternate brands shall be reviewed and vendor may be requested to submit samples for testing. BID AWARD Contracts will be awarded to successful bidders based on the total maximum bid price per section and the bidders' past performance The length of this contract will be for a six(6) month seasonal period (April 12, 2022 through September 30, 2022) with an option to renew for three (3) additional six(6) month seasonal periods if agreed upon by both parties. DURATION OF AGREEMENT AND PRICE ADJUSTMENTS The successful bidder will be awarded a six(6) month seasonal agreement effective the date of award. Prices are to remain firm for the six (6) month seasonal agreement period (April 12, 2022 through September 30, 2022). At the City's option, the agreement may be renewed for three (3) additional seasonal six (6) month periods at a price proposed by the contractor. The Contractor shall submit the renewal proposal with price changes and justification to the Purchasing Department at least sixty(60). days before the next seasonal agreement period begins March of each year). 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 departments utilizing the contract. All areas of non-conformance shall be submitted in writing to the Purchasing Manager and must be corrected within 10 days from date of notification. After three non-conformance complaints the contract may be subject to cancellation. The quantities listed are estimated quantities using the best information available. The City reserves the right to choose the items that will be purchased and to purchase more than or less than the quantities listed in each section. City of North Richland Hills Purchase Order Number must appear all invoices submitted to the City of North Richland Hills Orders paid by the City within thirty days from receipt. 0 ORDER& DELIVERY REQUIREMENTS Vendors must provide next-day delivery on all orders. Overnight key-drop deliveries before lam are preferred. The vendor will be issued one key and an alarm code that will be used for delivery. When overnight key drops are unavailable, deliveries MUST be made no later than 9:30 am. Accepting deliveries after this time frame impacts both park operations and guest traffic flow. NRH2O reserves the right to delay accepting or refuse deliveries past 9:30am and require redelivery. Any exceptions must be scheduled in advance. Items listed are for NRH2O Water Park, located at 9001 Grapevine Highway. Orders will be placed twice weekly by an authorized representative of the Water Park. Notification of"Out of Stock" items must be given to NRH2O by 5:00 p.m. same day order is placed. Orders will be placed on an as needed basis. Vendor shall state if they can offer any of the following services which will be considered as part of the evaluation criteria: a) End of season buy backs f:a YES ZNO; Please disclose an restrictions in writing and submit Y g it with bid. b) Provide samples for team member training ti J YES i' NO c) Provide menu engineering and design services [] YES 0; please provide details and any costs associated with bid. d) Provide cost of goods analysis and inventory tracking systems 1. YES O; please provide details and any costs associated with bid. e) Provide ANO �onsorship that supports team member sales incentives: 0YES $1,500 sponsorship for team member incentives :i YES /NO $1,000 sponsorship for team member incentives 1 YES NO $750 sponsorship to for team member incentives .3 YES NO Other: 1 t) Participation in NRH2O's consignment ticket program. ' YES NO; Please list HR Benefits contact person: i. Name: ii. Title iii. Phone..................................... ................................................................._. Number: iv. E-mail: All bids must be submitted on the bid forms included in this specification package. Nutritional facts are to be submitted for each of the items listed on the bid forms, upon request. This bid shall be awarded to the lowest bidder who meets all specifications. City of North Richland Hills will not enter into any contract where cost is provisional upon such clauses as"escalator"or "cost-plus" clauses. Prices must be firm for the entire contract. 2 Section A:Beef Description MFG#QtV Vendor Item# Cost/Cese Total Cost Beef Patties-For Concessions- Fresh Angus Ground Beef, c 5.33 oz "wide pattie" 675 $ Substitute,. $ Beef Patties-For Music Festival-Holton Ground 75/25,Round,Raw,Frozen,50ct13.2az 12551 215 $ Substitute: $ Hotdoge 611-For Concessions-Texas Chili-100%Black Angus 6-1 6"2/5# BA06 100 $ Substitute: Farmland 6/1 All-Beef 100 $ Hotdo s 811-For Music Festival-Texas Chili 811 All-Beef Hotdo s 111 Otbs A1308 80 $ Substitute:Farmland 811 -All-Beef 100 $ Hotdo s 10/1-For Special Promotions-Farmland,All Meat 1/1Olbs 1 7024781100 10 $ Substitute: $ Rebates:Please Provide Rebate Details with Old Submission Rebate Total $ Total TOTAL A $ Section B:Poultry Description MFG#0 Vendor Item# Cost/Case Total Cost Grilled Chicken Breasts Fillets-Tyson,3614.5 oz 0004350928 100 $ Substitute: $ Chicken Tenders-Tyson-Homestyle Tenderloins,Small,Uncooked,Blanched Fritters, 10# 10341-0928 600 $ Substitute: $ Rebates:Please Provide Rebate Details with Old Submission Rebate Total $ Total TOTAL B $ Section C:Pork Description MFG#t] Vendor Item# Cost/Case Total Cost Bacon-Tyson,Precooked,300 Ct extra thin 204211 50 $ Substitute: $ Bacon Pieces-Smithfield-Fully Cooked,1/2",215# 4320012003 15 $. Substitute: Park-Farmland,Butt Boneless,IW Frozen 616.5# 119627 Substitute: Rebates:Please Provide Rebate Details with Bid Submission Rebate Total $ Total TOTAL C 5 Section D:Fries Description " MFG#Oty Vendor Item# CostlCase Total Cost McCain Redstone Canyon Seasoned Spiral Fries,6/4# MCL03622 175 $ Substitute:Lamb Weston Twister Fries 6/5# 00073 140 $ McCain Flavoriasts Regular Fries,Skin On,3/8"PXL,615# MCF03787 652 $ Substitute:Lamb Weston 3/8 Straight Cut Skin On,615# PM44 652 $ Rebates:Please Provide Rebate Details with Bid Submission Rebate Total Total TOTAL D $ Section E:Dairy Description MFG#Qty Vendor Item# CosVCase Total Cost Shredded Ouesadilla Cheese-415# 213-0017 50 $ Substilute: $ American Cheese-White 120c1, 4/51b 08405 15 $ Substitute: $ American Cheese-Yellow 160ct, 4/51b 34947 60 $ Substitute: $ Rebates:Please Provide Rebate Details with Bid Submission Rebels Total $ Total TOTAL E 5 Section F.Chips Description MFG#0ty Vendor Item# CostlCese Total Cost Ruffles Regular Chips SS 104/1 oz 11061 135 $ Substitute: $ Tortilla Chips-Mission-Yellow Round-612# 08641 60 $ Substitute: $ Lays Regular Potato Chips 64/1,5 oz 44359 60 $ Substitute: $ Lays Regular Potato Chips-Baked-64/1.12 oz 44396 5 $ Substitute: $ Lays BBQ Masterpiece Chips 64/1.5 cz 44358 5 $ Substitute: $ „ Lays BBQ Masterpiece Chips-Baked 64/1.5 oz 44395 5 $ Substitute: $ Doritos Nacho Cheese Chips 6411.75 ox 44375 10 $ Substitute: $ Cheetos Chips Crunchy 64/2 oz 44366 8 $ Substitute: $ Rebates:Please Provide Rebate Details with Bld Submisslon Rebate Total $ Total TOTAL F $ Section G:Pizza Description MFG#Oty Vendor Item#' CostiCase Total Cost' Cheese Pizza-Schwan's Villa Prima 16"-1/9 ct 73140 150 $ Substitute: $ Pepperoni Pizza-Schwans Villa Prima 16'-1/9 ct 73141 18 $ Substitute: $ Rebates:Please Provide Rebate Detoils with Bid Submission: Rebate Total $ Total TOTAL G $ Section H:Condiments Description MFG#Qty Vendor Item#` Cost/Case Total Cost Redgold Ketchup Packets,1000ct 110 $ Substitute: $ PPI Mustard Packets 5.5gm,500 ct 56 $ Substitute: $ PPI Mayonnaise Packets 99m,200 ct 100 $ Substitute: $ PPI Relish Packets 99m,200et 35 $ Substitute: $ Rebates:Please Provide Rebate Details with Bid Submission Rebate Total $ Total TOTAL H $ Section I:Fryer Shortening Description MFG#Qty Vendor Item# Cost/Case Total Cost Canola Oil-Clear Fry,1135# 120 $ Substitute: $ Rebates:Please Provide Rebate Details with Bid Submission` Rebate Total $ Total TOTAL I $ Section J:Misc Foods Description MFG#Qty Vendor Item# CostlCase Total Cost Black Been Burger-Morning Star-49/4.25 oz 2898931651 10 $ Substitute: $ Kolaches-Sausage and Cheese-Eckrich-80/2 oz 2781509133 30 $ Substitute: $ Gehl's Cheese Sauce-Jalapeno-with Hoses-4/80 oz G05039 225 $ Substitute: $ Gehl's Chill Sauce-with Hoses- 4/80 oz G05037 75 $ Substitute: $ Rebates:Please Provide Rebate Details with Bid Submission Rebate Total $ Total' TOTALJ $ Section K:Core Snack Foods Description MFG Aty Vendor Item# Cost/Case Total Cost Funnel Cake Mix-J&J Funnel Cake Factory-6/5# 4527 125 $ Substitute: Funnel Cake Mix-Krusteaz-615# 742-0425 125 $ J&J Funnel Cake Fries-Pre Cooked,4" Size,1/600 ct 4530 45 $ ............. $ J&J Funnel Cake 8"King Size-Pre Cooked,1124 ct P40531 80 $ ------------- $ Pretzels-J&J Super Pretzel Bavarian, 4017 oz 7041 60 $ $ Frozen Minute Maid-Lemon Cup-12112 oz 106599 45 $ ------------- $ Frozen Minute Maid-Strawberry Cup-12A 2 oz 106601 80 $ ------------- $ Frozen Minute Maid-Orangeade Cup-12112 oz 113532 25 $ - ............. $ Churros-J&J-Flo Pope's Churros,Cinnamon Sugar 10"wl SCP,11100 ct 3328 20 $ ------------- $ Rebates:Please Provide Rebate Details with Bid Submission Rebate Total Is Total TOTAL K 15 Section L:Misc Snack Foods Description MFG#Qty Vendor Item# Cost/Case Total Coat' Smoothie Mix-Island Oasis-Frozen Mango,12132 oz 0037597501204 15 $ Substitute: $ Smoothie Mix-Island Oasis-Frozen Raspberry 12132 oz 0037597SO1006 15 $ Substitute: $ Smoothle Mix-Island Oasis-Frozen Strawberry 12f32 oz 0037597502003 15 $ Substitute: Smoothie Mix-Island Oasis-Frozen Banana,12132 oz D037597504007 15 $ Substitute: $ Beverage Mix Ice Cream-Island Oasis-12132 oz 0037597501501 15 $ Substitute: $ Rebates:Please Provide Rebate Detalls with Bid Submission Rebate Total $ Total TOTAL L S Section M.Bread Description MFG#Qty Vendor Item# ColwCaae Total Cost 12"Heat Pressed Flour Tortillas-Mission-8/12 ct act. 10430 40 129-7790-0 $ 2.02 $ 80.80 Substitute: $ Hamburger Buns-Flower's-4',2.0 oz, 1130 ct 30ct. 10026700 215 100-2670-0 $ 4.98 $ 1,070.70 Substitute: Flowers 12ct.4'Hamburger Bun 12cl. 100-2617-0 $ 2.48 $ Hotdog Buns-Regular Conneys-6"1.4oz, 1116ct 16ct. 200 100-2748-0 $ 2.72 $ 544.00 Substitute: Rolls,Standard 12ct. 100-2732-2 $ 2.61 $ Brioche-Hamburger Buns-Flower's 4.5"-118 ct 12ct. 007225002525 2200 100-8896-0 $ 4S4 $ 9,988.00 Substitute: Nature's Own Perfectly Crafted 12 cl.4'Brioche Hamburger 12ct. 102-3863-0 $ 3.89 $ - Brioche-Hotdog Buns-Flower's-118ct 12cl. 007225002524 500 102-3861-0 $ 2.99 $ 1,495.00 Substitute: $ Hamburger Buns-Flower's-5"1120 ct 20ct. 007021000629 150 200-2714-0 $ 4.91 $ 736.50 Substitute: Flowers Deep Pan Hamburger 20ct. 100-2717-0 $ 4.91 $ - Sliced Sourdough-European Bakers-Thick Slice,32 oz,118 ct 32oz 10508210 50 100-4025-0 $ 3.95 $ 197.50 Substitute: $ Rebates:Please Provide Rebate Details with Bid Submission Rebate Total $ Total TOTAL M $ 14,112.50 TOTAL CORE $ 14,112.50 . . . . . . . . . . . . . . . . . . . . \ \\ \\\\\\\\\\ \\\ \\\\ \\\\\\\\\ \}\ƒ\\\ \ � ) f \ )!2!> \/\ \ \\\\\\{ \\\\\\\\! \\\\}\ \! \ ! \\ 24 o o \ ) \\ \ \ \ \ \ \ \ ) z \_ \mm. \ \\}\� � { \ \ \ o \\/j . ; ---------- -------------- . . . . . . . . . . . . . . . . 7 77 ---------- -------------- 1.2 o o o o 'E E r re� W W W R bi p� ------------------------------------------------ ------------- ------------ 8` 8 8 a r-- --- »g»g« «g«g« --- »-«g« --- m� Ra 8 a Ame � ---------------------- - - - - - - - - - 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M r� ri l0 00 N M r� ri r� r� N Ln ri M M n .� Ln 00 ri to Co Ol M N Ol O Ln 00 M N N Ol M 'L Ln to N 00 M O N to Ln c-I O Ln I� 00 I� a lO O Rt O l0 00 O M M N N M 00 O Ol Ln Ln M N N c-I c-I c-I c-I to N N ri r � N N O N Ln o o to o o O rn o 0 0 Ln o Ln ri M m 00 O O ri O Ln Ol N 00 to N I" lfl lfl lfl O N . . . . . . . . . . . . . . . . . N I, O N N Ol I, ri lO 00 M Rt Rt O c I O N •V ri O to Rt ri M M M Rt to to to N ri Ol 00 00 'L I� Ol M Rzj Ol 00 I� M � O 00 I� c-I 00 0) Ln a O to Ln N I- 00 O Rt Ln Ln N Rt r, N Ln � LD Rt N M c-I c-I c-I ri Ol M N Ln N N N O N C 0 0 Q E N O O 0 N c LL U- Q 7 (n U � 0 C Q L >, E cn O cn c j O i C 4- b to c6 7-0 L V a) O O 'E (6 L N O L •� O - L- N 0 C . yi m cn U QO 0 U a cn U 0 N M 00 LL 0 0 0 LL N cn QmUOWU- (DZ: cn cn H 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. 2022-859723 Ben E. Keith Foods DFW 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 is 03/10/2022 being filed. NRH2O Water Park Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. DNRH2O-2022 Food and Non-Foods Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Jones,Steve Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Steve Jones and my date of birth is 7650 Will Rogers Blvd Fort Worth TX 76140 US My address is 9 , (street) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Tarrant Texas 10 March 22 Executed in County, State of on the day of 20 (month) (year) Steve Jones Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft 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, 12022-854718 Flowers Baking Co.of Denton,LLC Denton,TX United States Date Filed- 2 Name o governmental entity or state agency t at s a party to the contract for which 1 e form is 02125/2022 being filed. North Richland Hills-NRH2O 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. RFP: 22-016 NRH20 Food Service Products-Bread Nature of interest 4 Name of Interested Part City,State y y, Country(plane of business) (check applicable) Controlling Thniwmedliary 5 Check only If there Is NO Interested Party. l 6 LINSWORN DECLARATION My name is ®. , and my date of birth is My address is (streaq (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, Stale of is"-,on the day or 0 20 (month) (year) sr�"t w• DE130RAM LYNNE G0012ALES >� 4 Notary ID#124941037 Lea-wb7 My Commission Expires Sign re of authorized agent of contracting business entity " r May 28,2024 (Dedarant) Formil www.ethics.state.tx.us Version V1.1.191b5cdc IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Consider Ordinance No. 3734, public hearing and consideration of approval of an amendment to the Fiscal Year 2021/2022 Amended Budget. PRESENTER: Trudy J. Lewis, Director of Budget and Research SUMMARY: City Council is requested to conduct a public hearing and receive public comments on amendments to the Fiscal Year 2021/2022 Budget, previously amended on February 14, 2022. At the conclusion of the public hearing, Council is requested to consider approval of Ordinance No. 3734, approving the proposed budget amendment. GENERAL DESCRIPTION: The Fiscal Year ("FY") 2021/2022 Budget was adopted by City Council on August 15, 2021. Subsequent to the adoption of the budget, on September 13, 2021 City Council adopted an amendment to the FY2021/22 budget, effective on October 1, 2021 at the start of the fiscal year. That budget amendment was the result of obtaining additional clarification regarding debt service support by tax collections in a tax increment fund and ultimately tax supported debt. The budget was amended a second time on December 13, 2021. The purpose of the second amendment was to appropriate the first installment of funding received from the American Rescue Plan Act ("ARPA"). A third amendment was approved on February 14, 2022 in order to take the required actions to close Tax Increment Reinvestment Zone Number 1/1A and Tax Increment Reinvestment Zone Number 2. City Council is further requested to consider a fourth amendment to provide the necessary funding for the following projects- - The FY 2021/2022 adopted budget includes funds for the replacement of Public Safety CAD/RMS servers in an amount not to exceed $232,000. The total project amount is $359,691 and will require an amendment of $128,000 to provide the additional funds necessary to proceed with the project. The additional funds are available in the Crime Control District Fund. IrLp NOKTH KICHLAN HILLS At the conclusion of the public hearing, staff requests that City Council consider Ordinance No. 3734, amending the Fiscal Year 2021/2022 Budget. A notice of the public hearing was posted in the Star Telegram on Friday, March 25, 2022 and is included as Attachment C. RECOMMENDATION: Approve Ordinance No. 3734, amending the Fiscal Year 2021/2022 Budget. ORDINANCE NO. 3734 AN ORDINANCE AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING FOR THE FILING OF THE AMENDED BUDGET; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills is a home rule city 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, in accordance with Article XII of the City of North Richland Hills City Charter the City Manager shall authorize no expenditure over the total funds for expenditure in the overall budget unless the budget is amended by the same public notice procedure called for in adopting the budget; and WHEREAS, in accordance with Article XII of the City of North Richland Hills City Charter, a notice of public hearing was placed in the Star Telegram on March 25, 2022, at least ten (10) days prior to the public hearing; and WHEREAS, the City Manager of the City of North Richland Hills submitted an amended budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022 to the City Council as required by the City Charter of the City of North Richland Hills; and WHEREAS, after full and final consideration, the City Council is of the opinion that the budget should be approved and amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The amended budget for the City of North Richland Hills, Texas, for the Fiscal Year beginning October 1, 2021 and ending September 30, 20227 as set forth in Attachment A, is hereby amended and approved as filed herewith. A copy of the amended budget shall be filed with the City Secretary. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, City of North Richland Hills, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. Ordinance No. 3734 Page 1 of 3 SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall be in full force and effect from and after its passage as provided by law, and it is so ordained. PASSED AND APPROVED on this the 11th day of April, 2022 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Trudy Lewis, Director of Budget & Research Ordinance No. 3734 Page 2 of 3 Ordinance No. 3734 Page 3 of 3 Attachment A FISCAL YEAR 2021-2022 SCHEDULE 9-SUMMARY OF REVENUES AND EXPENDITURES CRIME CONTROL DISTRICT ADOPTED ADOPTED BUDGET AMENDMENT BUDGET FY2021/22 4/11/2022 FY2021/22 REVENUES Sales Tax $5,603,676 $0 $5,603,676 Franchise Tax 96,127 0 $96,127 Interest Income 5,710 0 $5,710 SRO Reimbursement(BISD) 327,419 0 $327,419 Other 205,345 0 $205,345 TOTAL REVENUES $6,238,277 $0 $6,238,277 APPROPRIATION OF FUND BALANCE Contribution from the General Fund $0 $0 $0 Appropriation of Fund Balance 0 128,000 128,000 TOTAL APPROPRIATION OF FUND BALANCE $0 $128,000 $128,000 TOTAL RESOURCES $6,238,277 $128,000 $6,366,277 EXPENDITURES OPERATING EXPENDITURES Administration $17,147 $0 $17,147 Community Resources 1,094,707 0 $1,094,707 Victim Assistance Program 81,682 0 $81,682 Investigations 531,596 0 $531,596 Uniform Patrol 3,338,019 0 $3,338,019 Technical Services 557,147 0 $557,147 Property Evidence 163,064 0 $163,064 Partner Agency Funding 46,770 0 $46,770 Non-Departmental 132,395 0 $132,395 TOTAL OPERATING EXPENDITURES $5,962,527 $0 $5,962,527 OTHER& RESERVES Operating Transfers $43,750 $0 $43,750 Capital Project Transfers 232,000 128,000 360,000 Planned Contribution to Fund Balance 0 0 0 TOTAL OTHER& RESERVES $275,750 $128,000 $403,750 TOTAL EXPENDITURES $6,238,277 $128,000 $6,366,277 BALANCE $0 $0 $0 Major Capital Equipment Capital Projects Replacement of Spillman CAD/RMS Servers IT2201 PROJECT DESCRIPTION&JUSTIFICATION This project is for the replacement of the Spillman CAD/RMS Servers.The replacement installation includes the production se rve rs and the disaster recovery servers and would include critical hardware maintenance for 5 years. Project costs are broken down as follows: Hardware& Installation Costs$176,812, Managed Services$31,044, On-Site Data Migration $23,960 for a total cost of$232,000. Current server hardware configuration is at end-of-life.The total price for project is$232,000 including Managed Services. Managed services is an expense for Motorola to monitor the Spillman servers 24/7/365 remotely diagnosing any possible hardware/software issues, identifying possible down time(s)for the 4 joint dispatch cities.After year one of this project, the managed services cost will move to the IT Operating Budget(5302070-523170). Original installation/purchase date of current hardware/software was January 2015. Funding Source: Crime Control District Fund (130). PROJECT STATUS ORIGINAL 2021122 ORIGINAL 2021122 START DATE REVISION END DATE REVISION Professional Services Engineering Land/ROW Acquisition Construction Other 10/2021 10/2021 10/2022 10/2022 REVISION EXPLANATION The initial project was to replace only the productions servers within the Spillman CAD/RMS environment. After further research it was discovered that the servers located at our Disaster Recovery site were not included in this project. However, is it mandatory that we upgrade these servers at the same time in order to provide the same Disaster Recovery service we have currently. The additional cost is$128,000 for a total cost of$360,000. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THRU REMAINING PROJECT 2021/22 REVISION 2021/22 BALANCE COST FUNDING SOURCES Crime Control District Reserve $232,000 $128,000; $360,000 $0 $360,000 0 0 0 0 $0 0 0 0 0 $0 0 0 0 0 $0 0 0' 0 0 $0 Total $232,000 $128,0001 $360 000 $0 1 $360,000 PROJECT EXPENDITURES Professional Services $0 $0 $0 $0 $0 Engineering/Design 0 0 0 0 $0 Land/ROW Acquistion 0 0 0 0 $0 Construction 0 0 0 0 $0 Other 232,000 128,000 360,000 0 $360,000 Total $232,000 1 $128,0001 $360,000 $0 1 $360,000 IMPACT ON OPERATING BUDGET ANNUAL OPERATING IMPACT 1 2021/22 1 2022/23 2023/24 1 2024/25 1 2025/26 1 TOTAL Projected 1 1 58,0001 58,0001 58,0001 58,000 1 $232,000 Attachment C NOTICE OF PUBLIC HEARING 2021-2022 AMENDED BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2021-2022 amended budget on Monday, April 11, 2022 during the regular 7.00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 4301 City Point Drive, North Richland Hills, Texas. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Approve a contract with Texas Materials Group, Inc., dba Texas Bit for the Year 2 Bond Streets Asphalt / Subgrade work for Meadow Oak Drive, Diamond Loch West, Pearl Street and Southampton Drive projects in the amount of$871,543.01 PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: Consider approving a contract with Texas Materials Group, Inc., dba Texas Bit for the Bond Street Asphalt/ Subgrade Improvements Project in the amount of$871,543.01 for the Meadow Oak Drive (ST2114), Diamond Loch West (ST2118), Pearl Street (ST2115) and Southampton Drive (ST2116) projects. GENERAL DESCRIPTION: The 2020 Street Bond program includes reconstruction funding for both major and residential streets as identified by the 2020 Capital Programs Advisory Committee (CPAC), approved by City Council in early 2020, and approved by NRH voters in November 2020. The major roadway reconstruction projects will be designed by engineering consultants and bid out as turn-key construction projects. The residential reconstructions, however, will be managed by Public Works personnel in a manner similar to that of a general contractor. Utility Contractor Services will be reconstructing the existing water and sanitary sewer mains located beneath the roadway pavement prior to any paving work taking place. The city will be procuring external contracting services for the concrete work, as well as the subgrade and asphalt work needed to provide consistent curb and gutter, along with full-depth roadway pavement rehabilitation. The bid renewal under consideration tonight is for the subgrade and asphalt work needed to support the reconstruction of the identified "Year 2" residential projects: Meadow Oak Drive, Diamond Loch West, Pearl Street, and Southampton Drive. The subgrade/asphalt work includes removal and replacement of the existing roadway pavement, treatment of the subgrade in accordance with geotechnical recommendations specific to each project site, and placement of new asphalt pavement. Bid No. 21-012 was originally approved by City Council on March 22, 2021. Within the bid documents, there were options for four, one (1) year renewal terms. Texas Bit has a favorable work history in NRH, and performed very well on the first two residential bond projects: North Hills Drive and Nor'East Drive. The prices for this year's work reflect an increase in overall construction costs of roughly 30% for asphalt items and 17% for subgrade. IrLp NOKTH KICHLAN HILLS The work will be funded within the approved bond allocation, but does involve a small recapture of savings from Year 1 residential bond projects to fund a slight deficit in two of the Year 2 projects to support the full range of requested approvals: concrete, asphalt/subgrade, and utility work. Utility construction is anticipated to begin in May / June 2022, with the paving work to follow by late spring or early summer. RECOMMENDATION: Approve a contract with Texas Materials Group, Inc., dba Texas Bit, for the Year 2 Bond Streets Asphalt / Subgrade work for Meadow Oak Drive, Diamond Loch West, Pearl Street and Southampton Drive projects in the amount of$871,543.01. CONSTRUCTION AGREEMENT FOR ASPHALT/SUBGRADE SERVICES FOR 2020 STREET BOND PROGRAM—YEAR 2 CITY OF NORTH RICHLAND HILLS AND TEXAS MATERIALS GROUP, INC., dba TEXAS BIT THIS CONSTRUCTION AGREEMENT ("Contract")is made and entered by and between TEXAS MATERIALS GROUP, INC., dba TEXAS BIT, (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City" or"Owner"), to be effective upon the date executed by the City. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: L CONTRACT DOCUMENTS The parties agree that the Contract Documents shall consist of the following: 1. This signed Construction Agreement; 2. Any and all Addendum(s); 3. "Notice to Bidders" advertisement; 4. The Contractor's Bid Proposal 5. Special Instruction to Bidders; 6. General Conditions of Bid #21-012; 7. Special Conditions of Bid #21-012; 8. The Specifications of Bid#21-012; 9. The Plans/Drawings of Bid#21-012; 10. Payment Bond; 11. Performance Bond; and 12. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. IL THE WORKS Contractor shall provide all labor, supervision, materials and equipment necessary to perform all work required by the contract documents in connection with the construction of Bond Street Asphalt/ Subgrade for Diamond Loch West, Meadow Oaks Drive, Pearl Street and Southampton Drive ("work"), through Bid #21-012 in accordance with a Scope of Work in the form of Wmii.dS n l "mu phah Suohg uch, Ilmpfo,VCmuum':muif `�urc,mm 2 mp.;cr II od'6 Exhibit "A," for each service provided under this Contract. Each Scope of Work shall be incorporated herein and governed by the terms and conditions of this contract. III. TIME OF COMMENCEMENT; COMPLETION Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed for a work order. The Term of this Contract shall be for 12 months. The City shall have the option to renew this Contract for three (3) additional 12 month periods in accordance with Section 39 of the Special Conditions. The Date of Completion for the work shall be set forth in the Scope of Work for each service provided under this Contract. IV. CONTRACT PRICE The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, a total amount not to exceed EIGHT HUNDRED SEVENTY-ONE THOUSAND FIVE HUNDRED FORTY-THREE AND 01/100 DOLLARS ($871,543.01) ("Contract Price"). Payment will be due upon completion of work and acceptance of the work by the City. Within the following thirty (30) days, Owner shall make partial payments to the Contractor for work performed during the preceding calendar month as estimated by the Owner or Owner's Representative. Ten percent(10%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts less than four hundred thousand dollars ($ 400,000.00)in total Contract Price. Five percent(5%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts equal to or greater than four hundred thousand dollars ($ 400,000.00)in total Contract Price. Upon completion and acceptance of all work in compliance with the Contract, the Owner shall, within thirty (30) days, pay the Contractor the balance due under the terms and conditions of the Contract. V. CHOICE OF LAW; VENUE The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties, the parties shall be entitled to reasonable attorney's fees that are necessary, equitable and just, in accordance with applicable law, and as awarded by a court of competent jurisdiction. Wmii.dS n l "mu phah Suohg uch, Ilmpfo,VCmuum':muif `�urc,mm 2 mp.;cf 2 od'6 VI. INSURANCE The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of Bid#21-012, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. VIL TERMINATION A)Either party may terminate this Contract at any time for cause or convenience by providing ninety (90) days' written notice to the other party. Upon the receipt of such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. B)Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. VIIL FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Contract if the performance is delayed or prevented by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. Such party's performance shall be excused for the length of time the force majeure event lasts, provided that party makes a reasonable attempt to resume performance upon conclusion of the force majeure event, unless such performance has become legally impossible, in which case that party may terminate the Contract. Wuii.dS n l "Au phah Suuhg uch,� `�urcar 2 IX. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with Owner information that may be confidential by law, rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of or access to, any confidential information by Contractor is a material breach of this Agreement. If Contractor violates this provision, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. X. RIGHT TO AUDIT During the term of this Contract, and at any time within three (3) years following the expiration of this Contract, the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Contract, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. XI. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: If to Contractor: City of North Richland Hills Texas Bit Attn: Mark Hindman, City Manager Attn: Ronald D. Stinson, Jr. 4301 City Point Drive 420 Decker Drive North Richland Hills, Texas 76102 Irving, Tx 75062 Email: . ) „ :..:..c �� Email: Phone: (817) 427-6004 Phone: With copy to the City Attorney at the same address. XII. DISPUTE RESOLUTION Except in the event of termination pursuant to Section VII(B) of this Contract, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Contract, the parties shall first attempt to resolve the matter through this dispute resolution process. The Wmii.dS n l "mu phah Suohg uch, Ilmpfo,VCmuum': I[ `�urc,mm 2 mp.;cf � od'6 disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10)business days of receipt of the notice, both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order in injunction where such relief is necessary to protect is interests. XIIL ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. XIV. EFFECTIVE DATE This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. Wmii.dS n l "mu phah Suohg uch, Ilmpfo,VCmuum':muif `�urc,mm 2 IN WITNESS WHEREOF,the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS TEXAS MATERIALS GROUP, INC., DBA BY: BY: Mark Hindman, City Manager Ronald D. Stinson, Jr. DATE: DATE: ATTEST: ATTEST: Alicia Richardson, TITLE: City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY NRH Council Action Y/N Date Approved Agenda No. Ord/Res No. Maleshia B. McGinnis, City Attorney Wuii.dS n l "' phah Suohg uch'� `�u(car 2 011111!!r muucfiouu a� f o 1)f f: EXHIBIT "A" SCOPE OF WORK Scope of Work#1 Diamond Loch West Courts This document outlines the services to be provided by TEXAS MATERIALS GROUP, INC., dba TEXAS BIT, ("Contractor")pursuant to City of North Richland Hills ("City") Bid#21- 012 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal of existing asphalt pavement, treatment of subgrade with lime or concrete (depending on geotechnical recommendation), and placement of new asphalt pavement in accordance with City standard details along approximately 200 linear feet of residential roadway. Location of Services: Diamond Loch West(Cul-De-Sac) Date of Completion: 60 days from Notice to Proceed Date Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS TEXAS MATERIALS GROUP, INC., dba By: By: Caroline Waggoner, Director of Public Works Title: Date: Date: By: By: Boe Blankenship, Project Manager Authorized Representative Date: Date: a g.c� II od'r Scope of Work#2 Meadow Oak Drive This document outlines the services to be provided by TEXAS MATERIALS GROUP, INC., dba TEXAS BIT, ("Contractor")pursuant to City of North Richland Hills ("City") Bid#21- 012 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal of existing asphalt pavement, treatment of subgrade with lime or concrete (depending on geotechnical recommendation), and placement of new asphalt pavement in accordance with City standard details along approximately 1,430 linear feet of residential roadway. Location of Services: Meadow Oak Drive (Dick Lewis Dr—Buenos Aires Dr) Date of Completion: 60 days from Notice to Proceed Date Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS TEXAS MATERIALS GROUP, INC., dba By: By: Caroline Waggoner, Director of Public Works Title: Date: Date: By: By: Boe Blankenship, Project Manager Authorized Representative Date: Date: Scope of Work#3 Pearl Street This document outlines the services to be provided by TEXAS MATERIALS GROUP, INC., dba TEXAS BIT, ("Contractor")pursuant to City of North Richland Hills ("City") Bid#21- 012 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal of existing asphalt pavement, treatment of subgrade with lime or concrete (depending on geotechnical recommendation), and placement of new asphalt pavement in accordance with City standard details along approximately 1,100 linear feet of residential roadway. Location of Services: Pearl Street(Freda Ln—Hometown Alley) Date of Completion: 60 days from Notice to Proceed Date Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS TEXAS MATERIALS GROUP, INC., dba By: By: Caroline Waggoner, Director of Public Works Title: Date: Date: By: By: Boe Blankenship, Project Manager Authorized Representative Date: Date: Iag.f; r od'r Scope of Work#4 Southampton Drive This document outlines the services to be provided by TEXAS MATERIALS GROUP, INC., dba TEXAS BIT, ("Contractor")pursuant to City of North Richland Hills ("City") Bid#21- 012 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal of existing asphalt pavement, treatment of subgrade with lime or concrete (depending on geotechnical recommendation), and placement of new asphalt pavement in accordance with City standard details along approximately 1,700 linear feet of residential roadway. Location of Services: Southampton Drive (Wakefield Rd—Chapman Rd) Date of Completion: 60 days from Notice to Proceed Date Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS TEXAS MATERIALS GROUP, INC., dba By: By: Caroline Waggoner, Director of Public Works Title Date: Date: By: By: Boe Blankenship, Project Manager Authorized Representative Date: Date: Diamond Loch West 2022 ITEM EST. UNIT DESCRIPTION UNIT EXTENDED NO. QTY. PRICE PRICE Furnish and Install NEW 2- 1 390 Tons Inch H.M.A.C. Surface $ 113.94 $ 44,435.60 Course (Type D) Furnish and Install NEW 4 - 2 780 Tons Inch H.M.A.C. Intermediate $ 108.26 $ 84,442.80 Base Course (Type B) Unclassified Street 3 200 CY Excavation $ 27.56 $ 5,512.00 Adjust Existing Manhole 4 0 EA Rings and Covers to Match $ 0.00 $ 0.00 Finished Grade Adjust Existing Water Valve 5 4 EA Stacks and Cover to Match $ 658.51 $ 2,634.04 Finished Grade Hydrated Lime 6 50 Tons $ 191.99 $ 9,599.50 8-Inch Thick Lime Subgrade 7 1,700 SY Treatment $ 6.20 $ 10,540.00 Portland Cement 8 0 Tons $ 0.00 $ 0.00 8-Inch Thick Cement 9 0 SY Subgrade Treatment $ 0.00 $ 0.00 Mobilization 10 1 LS $ 5,454.21 $ 5,454.21 Erosion Control 11 1 LS $ 1,636.26 $ 1,636.26 TOTAL: $ 164,255.41 Iag.f; 5 od'r Meadow Oak Drive 2022 ITEM EST. UNIT DESCRIPTION UNIT EXTENDED NO. QTY. PRICE PRICE Furnish and Install NEW 2- 1 475 Tons Inch H.M.A.C. Surface $ 110.77 $ 52,615.75 Course (Type D) Furnish and Install NEW 4 - 2 950 Tons Inch H.M.A.C. Intermediate $ 105.08 $ 99,826.00 Base Course (Type B) Unclassified Street 3 950 CY Excavation $ 25.19 $ 23,930.50 Adjust Existing Manhole 4 4 EA Rings and Covers to Match $ 1,122.31 $ 4,489.24 Finished Grade Adjust Existing Water Valve 5 3 EA Stacks and Cover to Match $ 845.56 $ 2,536.68 Finished Grade Hydrated Lime 6 110 Tons $ 191.99 $ 21,118.90 8-Inch Thick Lime Subgrade 7 4,300 SY Treatment $ 6.41 $ 27,563.00 Portland Cement 8 0 Tons $ 0.00 $ 0.00 8-Inch Thick Cement 9 0 SY Subgrade Treatment $ 0.00 $ 0.00 Mobilization 10 1 LS $ 5,454.21 $ 5,454.21 Erosion Control 11 1 LS $ 1,636.26 $ 1,636.26 TOTAL $ 239,170.54 Flap,r;;;�n of f I Pearl Street 2022 ITEM EST. UNIT DESCRIPTION UNIT EXTENDED NO. QTY. PRICE PRICE Furnish and Install NEW 2- 1 365 Tons Inch H.M.A.C. Surface $ 115.15 $ 42,029.75 Course (Type D) Furnish and Install NEW 4 - 2 730 Tons Inch H.M.A.C. Intermediate $ 109.47 $ 79,913.10 Base Course (Type B) Unclassified Street 3 750 CY Excavation $ 26.23 $ 19,672.50 Adjust Existing Manhole 4 3 EA Rings and Covers to Match $ 1,496.41 $ 4,489.23 Finished Grade Adjust Existing Water Valve 5 0 EA Stacks and Cover to Match $ 0.00 $ 0.00 Finished Grade Hydrated Lime 6 80 Tons $ 191.99 $ 15,359.20 8-Inch Thick Lime Subgrade 7 3,300 SY Treatment $ 6.66 $ 21,978.00 Portland Cement 8 0 Tons $ 0.00 $ 0.00 8-Inch Thick Cement 9 0 SY Subgrade Treatment $ 0.00 $ 0.00 Mobilization 10 1 LS $ 5,454.21 $ 5,454.21 Erosion Control 11 1 LS $ 1,636.26 $ 1,636.26 TOTAL $ 190,532.25 Southhampton Drive 2022 ITEM EST. UNIT DESCRIPTION UNIT EXTENDED NO. QTY. PRICE PRICE Furnish and Install NEW 2- 1 565 Tons Inch H.M.A.C. Surface $ 108.45 $ 61,274.25 Course (Type D) Furnish and Install NEW 4 - 2 1,130 Tons Inch H.M.A.C. Intermediate $ 102.76 $ 116,118.80 Base Course (Type B) Unclassified Street 3 1,200 CY Excavation $ 27.46 $ 32,952.00 Adjust Existing Manhole 4 2 EA Rings and Covers to Match $ 897.84 $ 1,795.68 Finished Grade Adjust Existing Water Valve 5 1 EA Stacks and Cover to Match $ 448.91 $ 448.91 Finished Grade Hydrated Lime 6 130 Tons $ 191.99 $ 24,958.70 8-Inch Thick Lime Subgrade 7 5,100 SY Treatment $ 6.46 $ 32,946.00 Portland Cement 8 0 Tons $ 0.00 $ 0.00 8-Inch Thick Cement 9 0 SY Subgrade Treatment $ 0.00 $ 0.00 Mobilization 10 1 LS $ 5,454.21 $ 5,454.21 Erosion Control 11 1 LS $ 1,636.26 $ 1,636.26 TOTAL $ 277,584.81 Total Amount Bid: Base Bid: 2022 Section I — Meadow Oak Drive $ 239,170.54 Section II — Diamond Loch W $ 164,255.41 Section III — Pearl Street $ 190,532.25 Section IV — Southampton Drive $ 277,584.81 Total Bid: $ 871,543.01 NORTH RIC'. HLAND7 HILLS Iq THE CITY OF CHOICE PURCHASING DEPARTMENT REQUEST FOR BID 21-012 Bond Street Asphalt / Subgrade Improvements BY 11:00 A.M. Cointeirits INVITATIONTO BID................................................................................................................... 3 GENERALCONDITIONS ............................................................................................................ 4 INSURANCE REQUIREMENTS................................................................................................ 10 NON-COLLUSION AFFIDAVIT OF BIDDER.......................................................................... 11 BID CERTIFICATION ................................................................................................................ 12 COMPLIANCE WITH HOUSE BILL 1295................................................................................ 13 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY................................................ 14 CONFLICT OF INTEREST QUESTIONNAIRE........................................................................ 15 CONTRACT CHANGES GRID .................................................................................................. 18 CONSTRUCTION AGREEMENT.............................................................................................. 19 EXHIBIT "A"............................................................................................................................... 25 BIDPROPOSAL.......................................................................................................................... 27 SPECIALCONDITIONS............................................................................................................. 31 SPECIFICATIONS....................................................................................................................... 42 kmld ll' f , ll'lu g ndc� F'lng 2 ifl 5]I. INVITATIONTO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 21-012 ➢ Bid Type: REQUEST FOR BID ➢ Bid Name: BOND STREET ASPHALT/ SUBGRADE IMPROVEMENTS ➢ Bid Due Date: Wednesday, March 03, 2021 ➢ Bid Due Time: 11:00 A.M. Central Standard Time ➢ Deadline for questions: Date: Friday, February 26, 2021 Time: 12:00 P.M. Central Standard Time DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: www.i)ublici)urchase.com No oral explanation in regards to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. �kn d 11' 1 , Swaohg ldc C'FENERAI., 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 web site on or before 11:00 A.M. Wednesday,March 03,2021. 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; kn d 11' 1 , Swaohg ldc 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. 8. 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. kn d 11' 1 , Swaohg ldc Ilunu ���°�i;�yo-� nu��uuiG�!'; �'��r,� 5 ifl 5]I. 9. DELIVERY/ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable"equal"items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3)references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. kn d 11' 1 , Swaohg ldc 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. INTENTIONALLY DELETED 18. INDEMNITY The 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 reasonable attorney's fees for injury or death to any person, or iniury 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,,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. The Contractor shall defend,indemnify and hold harmless the Owner and respective officers,agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work provided that any such damages, claim,loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible property,including the loss of use and, km d 11' 1 , Swaohg ld,� 7��i U)'5]I. (2) Is caused in whole or in part by any ne2li2ent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable. 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred(100)percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount of one hundred(100)percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and 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 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code,vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. [ ] Yes, we agree [ ] No, we do not agree kn d 11' 1 , A "\'q 1 ohs lwaohg ldc� ifl 5]I. 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 851h 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. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment- The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to me. 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/DocumentCenter/View/389/Code-of-Ethics---PDF?bidId [ ] I agree [ ] I do not agree 25. 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. kn d 11' 1 , Swaohg ldc� 1) ifl 5]I. Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business 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+VI 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. Solid 11'01c , 0 �i U)'5]I. 1 3u State of County of verifies that: (Name) (1) He/She is owner, partner, officer, representative, or agent of has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SIGNATURE PRINTED NAME Subscribed and sworn to before me this Day of 2020. NOTARY PUBLIC in and for County, Texas. My commission expires: THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read,understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: ADDRESS: CITY, STATE& ZIP: TELEPHONE: FAX EMAIL: SIGNATURE: PRINTED NAME: DATE: loin+ 11'01c ( Swaohg ldc� 2 i)U''5]I. In 2015, the Texas Legislature adopted House .13M 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1)requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title. 4) Sign the printed copy of the form (an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The 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 littps://www.etlincs.state.tx.us/wl:atsiiew/ell` iiifo foam J295.11tm. kn d 11' 1 , A / Iqk h Swaohg ldc� ; II 3 in 5]I. Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P O Box 13186,Austin, TX 78711-3186 (512) 463-5872 http://www.window.state.tx.us/procurement/prog/hub/hub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 http://www.nctrca.ora/certification.html If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State,Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise kn d 11' 1 , Swaohg ldc 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/C IQ.�ctf kn d 11' 1 ( Swaohg ldc� 5 i)U 5]I. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 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 176.006, Local Government Code.An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. 2 ❑ 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. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes E-1 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? Yes E:1 No s Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 kmld 11' 1 , i ,�w ;i�iu �ii waoiu�;u 1� �F� Ilunu ���°�i;�yo-� nu��uuiG�!'; �'1 Ilia in 5 1 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.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to 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§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 afamily 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 km d 11' 1 , I II ir1''5 1 The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terms and Conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID Proposed Contractor/Bidder ("Contractor" or "Bidder"), submits the following modifications to the City's Standard ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s) proposed by Contractor; however, the City agrees to negotiate in good faith in consideration of Contractor's request, subject to legal requirements, City policies and advice of the City Attorney. Section /Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only) City Response: Accepted Not Accepted Modified kn d 11' 1 , Swaohg ldc� ; II 9 in 5]I. CONSTRUCTION AGREEMENT FOR ASPHALT/SUBGRADE SERVICES FOR NORTH HILLS DRIVE AND NOWEAST DRIVE CITY OF NORTH RICHLAND HILLS AND ABC ASSOCIATES,INC. THIS CONSTRUCTION AGREEMENT ("Contract")is made and entered by and between ABC ASSOCIATES, INC., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS,a municipal corporation(hereinafter referred to as "City" or"Owner"), to be effective upon the date executed by the City. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: L CONTRACT DOCUMENTS The parties agree that the Contract Documents shall consist of the following: 1. This signed Construction Agreement; 2. Any and all Addendum(s); 3. "Notice to Bidders" advertisement; 4. The Contractor's Bid Proposal 5. Special Instruction to Bidders; 6. General Conditions of Bid #21-012; 7. Special Conditions of Bid #21-012; 8. The Specifications of Bid #21-012; 9. The Plans/Drawings of Bid#21-012; 10. Payment Bond; 11. Performance Bond; and 12. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. II. THE WORKS Contractor shall provide all labor, supervision, materials and equipment necessary to perform all work required by the contract documents in connection with the construction of Bond Street i�,;c II' in 5]I. Asphalt/ Subgrade for North Hills Drive and Nor'East Drive ("work"), through Bid #21-012 in accordance with a Scope of Work in the form of Exhibit"A,"for each service provided under this Contract. Each Scope of Work shall be incorporated herein and governed by the terms and conditions of this contract. III. TIME OF COMMENCEMENT; COMPLETION Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed for a work order. The Term of this Contract shall be for 12 months. The City shall have the option to renew this Contract for four (4) additional 12 month periods in accordance with Section 39 of the Special Conditions. The Date of Completion for the work shall be set forth in the Scope of Work for each service provided under this Contract. IV. CONTRACT PRICE The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, a total amount not to exceed XXX THOUSAND X HUNDRED AND XXX DOLLARS ($xxxx) ("Contract Price"). Payment will be due upon completion of work and acceptance of the work by the City. Within the following thirty (30) days, Owner shall make partial payments to the Contractor for work performed during the preceding calendar month as estimated by the Owner or Owner's Representative. Ten percent (10%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts less than four hundred thousand dollars($400,000.00)in total Contract Price.Five percent (5%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts equal to or greater than four hundred thousand dollars ($ 400,000.00) in total Contract Price. Upon completion and acceptance of all work in compliance with the Contract, the Owner shall, within thirty (30) days, pay the Contractor the balance due under the terms and conditions of the Contract. V. CHOICE OF LAW; VENUE The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed �kn d 11' 1 , Swaohg ldc� i�,; 2O in 5]I. by a person authorized by the City to do so. In the event of litigation between the parties, the parties shall be entitled to reasonable attorney's fees that are necessary, equitable and just, in accordance with applicable law, and as awarded by a court of competent jurisdiction. VI. INSURANCE The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of Bid#21-012,with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. VIL TERMINATION A) Either parry may terminate this Contract at any time for cause or convenience by providing ninety(90)days' written notice to the other parry. Upon the receipt of such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance,facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. B)Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. VIIL FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Contract if the performance is delayed or prevented by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. Such party's performance shall be excused for the length of time the force majeure event lasts, provided that �kn d 11' 1 , Swaohg ldc� 2II �i U)'5]I. party makes a reasonable attempt to resume performance upon conclusion of the force majeure event, unless such performance has become legally impossible, in which case that party may terminate the Contract. IX. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with Owner information that may be confidential by law,rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of or access to, any confidential information by Contractor is a material breach of this Agreement.If Contractor violates this provision, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. X. RIGHT TO AUDIT During the term of this Contract, and at any time within three(3)years following the expiration of this Contract, the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Contract, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. XI. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: If to Contractor: City of North Richland Hills Name of Contractor Attn: Mark Hindman, City Manager Attn: 4301 City Point Drive Street Address North Richland Hills, Texas 76102 City, State, Zip Email: mhindman(ea�,nrhtx.com Email: Phone: (817)427-6004 Phone: With copy to the City Attorney at the same address. wn d 11' 1 , °"yflohg ld c Ilunu ���°��;�"o-o Gnu�`uuiG�!'; �y; 22 �i U) 5]I. XII. DISPUTE RESOLUTION Except in the event of termination pursuant to Section VII(B) of this Contract, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Contract,the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing parry shall notify the other parry in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the parry's specific reasons for such dispute. Within ten (10) business days of receipt of the notice,both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either parry shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order in injunction where such relief is necessary to protect is interests. XIIL ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations,representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. XIV. EFFECTIVE DATE This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. kn d 11' 1 ( Swaohg ldc� 2) �i U) 5]I. IN WITNESS WHEREOF, the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS ABC ASSOCIATES, INC. BY: BY: Mark Hindman, City Manager John Doe, President DATE: DATE: ATTEST: ATTEST: TITLE: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action Y/N Date Approved Agenda No. Ord/Res No. Maleshia B. McGinnis, City Attorney kn d 11' 1 , A " Iqk h Swaohg ldc� 2 N ifl 5]I. EXHIBIT "A" SCOPE OF WORK Scope of Work#1 This document outlines the services to provided by ABC ASSOCIATES INC., ("Contractor") pursuant to City of North Richland Hills ("City") Bid #21-012 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal of existing asphalt pavement, treatment of subgrade with lime or concrete(depending on geotechnical recommendation), and placement of new asphalt pavement in accordance with City standard details along approximately 3,450 linear feet of residential roadway. Location of Services: North Hills Drive (Wendell Drive to City Limit) Date of Completion: 60 days from Notice to Proceed Date Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS ABC ASSOCIATES, INC. By: By: Caroline Waggoner, Director of Public Works Name, Title Date: Date: By: By: Name, Project Manager Name, Authorized Representative Date: Date: �kn d 11' 1 , Swaohg ldc� 25 ifl 5]I. Scope of Work#2 This document outlines the services to provided by ABC ASSOCIATES INC., ("Contractor") pursuant to City of North Richland Hills ("City") Bid #21-012 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal of existing asphalt pavement, treatment of subgrade with lime or concrete(depending on geotechnical recommendation), and placement of new asphalt pavement in accordance with City standard details along approximately 2,500 linear feet of residential roadway. Location of Services: Nor East Hills Drive (Davis Blvd. to Dead End) Date of Completion: 60 days from Notice to Proceed Date Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS ABC ASSOCIATES, INC. By: By: Caroline Waggoner, Director of Public Works Name, Title Date: Date: By: By: Name, Project Manager Name, Authorized Representative Date: Date: wn d 11' 1 , °"yflohg ld c Ilunu ���°��;�"o-o Gnu�`uuiG�!'; �y; 20 in 5]I. .BID PROPOSAL BASE BID - Bond Street Asphalt / Subgrade Improvements SECTION I - North Hills Drive ITEM EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE NO. QTY. Furnish and Install NEW 2- 1 1,260 Tons Inch H.M.A.C. Surface $ $ Course (Type D) Furnish and Install NEW 4 - 2 2,510 Tons Inch H.M.A.C. Intermediate $ $ Base Course (Type B) Unclassified Street 3 2,420 Cy Excavation $ $ Adjust Existing Manhole 4 14 EA Rings and Covers to Match $ $ Finished Grade Adjust Existing Water Valve 5 5 EA Stacks and Cover to Match $ $ Finished Grade Hydrated Lime 6 270 Tons $ $ 8-Inch Thick Lime Subgrade 7 10,870 Sy Treatment $ $ Portland Cement 8 0 Tons $ $ 8-Inch Thick Cement 9 0 Sy Subgrade Treatment $ $ Mobilization 10 1 LS $ $ �kn d 11' 1 , Swaohg ndc� 2 �i U) 5]I. BASE BID — Bond Street Asphalt / Subgrade Improvements SECTION I — North Hills Drive Erosion Control 11 1 LS $ $ Misc. Paving Allowance 12 1 LS $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID — BASE BID SECTION I — NORTH HILLS DRIVE: Bould 1'01 , Qwaohg ndc� Flng 29 ifl 5]I. BASE BID - Bond Street Asphalt / Subgrade Improvements SECTION II - Nor East Drive ITEM EST. UNIT DESCRIPTION UNIT EXTENDED PRICE NO. QTY. PRICE Furnish and Install NEW 2- 1 900 Tons Inch H.M.A.C. Surface $ $ Course (Type D) Furnish and Install NEW 4 - 2 1,800 Tons Inch H.M.A.C. Intermediate $ $ Base Course (Type B) Unclassified Street 3 1,790 Cy Excavation $ $ Adjust Existing Manhole 4 1 EA Rings and Covers to Match $ $ Finished Grade Adjust Existing Water Valve 5 1 EA Stacks and Cover to Match $ $ Finished Grade Hydrated Lime 6 190 Tons $ $ 8-Inch Thick Lime Subgrade 7 7,880 Sy Treatment $ $ Portland Cement 8 0 Tons $ $ 8-Inch Thick Cement 9 0 Sy Subgrade Treatment $ $ Mobilization 10 1 LS $ $ wn d 11' 1 ( °"yflohg nd c Ilunu ���°��;�"o-o Gnu�`uuiG�!'; �y; 2") ifl 5]I. BASE BID — Bond Street Asphalt / Subgrade Improvements SECTION II — Nor East Drive Erosion Control 11 1 LS $ $ Misc. Paving Allowance 12 1 LS $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID — BASE BID SECTION II — NOR EAST DRIVE: Total Amount Bid: Base Bid: Section I — North Hills Drive $ Section II — Nor East Drive $ (Total Amount Bid, Numerical Value) Bould 1'01 (A " Iqk h Qwaohg ndc� n�,; )0 in 5]I. SPECIAI., CONDITIONS 1. OWNER AND CONTRACTOR The Owner and Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the contract documents as if singular in number and masculine in gender. The Project Manager shall be understood to represent the Owner. The duties,responsibilities and limitations of authority of the Project Manager as the Owner's representative during construction are as set forth in the contract documents and shall not be extended or limited without written consent of the Owner. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the character, quality and quantity of the materials, equipment and facilities needed during the prosecution of the work,the general and local conditions,and all other matters which can in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. 2. CONTRACT DOCUMENTS The contract documents shall be those documents identified and set forth in the Construction Agreement. 3. SUB-CONTRACTOR The term Sub-Contractor, as employed herein, shall include any third party having a direct contract or other agreement with the Contractor to perform work or provide services and who performs or provides services according to the plans or specifications of the work,but shall not include one who merely furnishes material. 4. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the Corporation for whom it is intended or if delivered at or sent by regular mail to the last business address known to him who gives the notice. 5. WORK The Contractor is responsible for compliance with local, state,and federal regulations. Contractor to provide and pay for all materials, supplies,machinery, equipment,tools, superintendence,labor, services, insurance, and all water,fuel,transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 6. SITE OBSERVATION BY PROJECT MANAGER/OWNER'S REPRESENTATIVE The Project Manager/Owner's Representative shall make periodic visits to the site to familiarize him or her with the progress of the executed work and to determine if such work meets the requirements of the specifications and contract documents. ]I3o d Shy A , .� Suss giadc II ,k:,Ic 3II oll'� ]I_ ]II''1ul 1u p 6,td. Any review of work in progress, or any visit or observation during construction by the Project Manager/Owner's Representative is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Project Manager/Owner's representative, whether called to the Contractor's attention or not shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 7. PROGRESS PAYMENTS FOR WORK Public Works shall review Contractor's applications for payment and supporting data,determine the amount owed to the Contractor and approve,in writing,payment to Contractor.Within the following thirty(30)days, OWNER shall make partial payments to the CONTRACTOR for work performed during the preceding calendar month as estimated by the OWNER or OWNER'S Representative. It is understood that the monthly estimates shall be approximate only, and all monthly estimates and partial payments shall be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the OWNER of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the CONTRACTOR of any of its responsibility under the Contract. 8. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements. Likewise,the Contractor shall be solely responsible for the safety of himself,his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person,as a result of his operations hereunder. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. 9. UTILITY CONFLICTS It is the Contractor's responsibility to make arrangements with the owners of such underground facilities ]Bo 0 Shy A , .� Suss giadcIllrr�ii.iuuu�� ]II''1ul lu ur c uu:q. prior to working in the area to confirm the locations and to determine whether any additional facilities may be present. Contractor shall preserve and protect all underground facilities. UNDERGROUND FACILITY OWNER TELEPHONE NUMBER ATMOS 811 ONCOR 811 AT&T 811 City of North Richland Hills Water/Sewer 817.427.6440 Charter Cable 811 10. WATER FOR CONSTRUCTION The CONTRACTOR shall make the necessary arrangements for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling,testing, flushing or jetting. The CONTRACTOR may remit the City a deposit for a fire hydrant water meter; additionally, the CONTRACTOR will be billed for the water used on the construction of this contract and measured by such fire hydrant meter. Additionally, the cost of any temporary pipe line, metering or other equipment which may be necessary to make use of such fire hydrant water meter and water, shall be considered as incidental to the work and payment therefore shall be included in the various bid items of the proposal. If the CONTRACTOR chooses to use such fire hydrant water meter, he/she shall assume full responsibility for it and return it in the same or similar condition as received otherwise the CONTRACTOR will not be returned his/her deposit. 11. TRAFFIC CONTROL The CONTRACTOR shall prosecute his traffic control work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. All traffic control devices used during construction shall meet the standards utilized in the MUTCD. Access to adjacent property shall be maintained at all times unless otherwise approved by the OWNER. 12. PROSECUTION OF CONSTRUCTION The CONTRACTOR will, unless otherwise approved by the Owner, prosecute the construction of this project during normal working hours as defined below: A. Normal Work Day shall mean the normal eight(8)hour working day between the hours of 8:00am and 5:00pm B. Normal Work Week shall mean the forty (40) hour work week encompassing the five (5) eight- hour days, Monday through Friday. C. Holidays to be observed and to be included into the normal work week will be: New Years' Day .................................. January 1st MLK Day.............................................. Third Monday in January Memorial Day ..................................... Last Monday in May Independence Day ............................... July 4th Labor Day ........................................... First Monday in September ]Ilioml SVu�NA , .� Suss giadcIllrr�ii.iuu ]II''1ul lu ur 6 u:q. Thanksgiving Holiday ......................... Fourth Thursday in November and the following Friday Christmas Holiday .............................. December 24th&December 25th If any of the above dates falling on a Sunday shall be observed on the following Monday. D. If the Contractor wishes to work more than thirty minutes per day overtime, approval must be acquired from the Public Works Department 24 hours in advance and the Contractor must agree to pay the City for the inspector's time at the rate of seventy-five dollars ($75.00) per hour. If the Contractor arranges to work on a weekend and for any reason does not or cannot work,he will be responsible for a minimum of two hours pay for the inspector. 13. INSPECTION AND TESTING The CONTRACTOR shall be responsible for paying for all testing and testing related items (acquiring specimens, proper specimen control, etc.) on this Project. During the progress of the work, all materials, equipment and workmanship shall be subjected to such inspections and tests as will assure conformance with the contract requirements. The CONTRACTOR shall furnish at his/her expense all necessary specimens and samples for testing. Sampling and testing of all materials or construction methods shall be performed by a commercial laboratory, approved by the Engineer, and permitted with the City of North Richland Hills' Public Works Department. Testing Services provided shall include but are not limited to the following: a. Densities b. Subgrade Gradations 14. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract; and agrees that whenever the Owner shall inform him in writing that any worker or workers on the work site, in Owner's opinion, are incompetent,unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed on the work without the Owner's written consent. 15. PRELIMINARY APPROVAL The Project Manager shall not have the power to waive the obligations of this contract for the furnishing of good material, or of his performing good work as herein described in full accordance with the plans and specifications. No failure or omission of the Project Manager to discover, object to or condemn defective work or material shall release the Contractor from obligations to fully and properly perform the contract, including without limitations,the obligation to at once tear out,remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material;provided,however,that the Project Manager shall,upon request of the Contractor, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by the Project Manager prior to final acceptance.If found not in accordance with the specifications for said work,all expense of removing, re-examination and replacement shall be borne by the Contractor. ]Bo d Shy A , .�pkta.i Suss giadc II ,k:,Ic 3 4 oll'� ]I_ ]II''1ul lu ur6a] 16. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any material brought on the job site for use or selected for use, shall be deemed by the Project Manager as unsuitable or not in conformity with the specifications, the Contractor shall,after receipt of written notice from the Project Manager,remove such material immediately and rebuild or otherwise remedy such work in accordance with the timeline determined by the City so that it shall be in full accordance with this contract. 17. CHANGE ORDERS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the project Manager,to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent(25%) of the original contract amount. The Contractor shall submit a bid in writing to the Project Manager for approval of the work requested. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other that by said Contractor. If the Owner approves the bid for the requested change in work,a change order will be executed. All change orders shall be approved in writing by the North Richland Hills' designated representative prior to work being executed. If the change order results in an increase in the Contract Price that is $50,000 or more, such change order shall require formal approval of the City Council. 18. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Owner shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him. The Contractor shall keep one copy of the same constantly accessible on the work with the latest versions noted thereon. 19. OWNERSHIP OF DRAWINGS All drawings, specifications and copies furnished by the Project Manager shall not be reused on other work with the exception of the signed contract sets,are to be returned to him on request at the completion of work. 20. RIGHT OF ENTRY The Owner reserves the right to enter the property or location on which the work herein contracted for are to be constructed or installed,by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 21. DISCREPANCIES AND OMISSIONS In the event of any discrepancies between the separate contract documents, the priority of interpretation defined under"Contract Documents" shall govern. In the event there is still any doubt as to the meaning and ]I3ou� d Shy A , .��u�uua.�if; Suss giad� Illrr�ii.iuuu�� �°, u_u�,uuif,.�!!u II ,k:,I�, 35 all ]II''1ul lu ur c uu:q. intent of any portion of the contract, specifications or drawings,the Project Manager,after consultation with the City Attorney, shall define which is intended to apply to the work. 22. EQUIPMENT AND MATERIALS The Contractor shall be responsible for the care,preservation, and protection of all materials, supplies, machinery, equipment,tools, apparatus, accessories, all means of construction, and any and all parts of the work,whether the Contractor has been paid,partially paid, or not paid for such work until the entire work is completed and accepted. 23. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provision of Federal, State,and Municipal safety laws, building and construction codes. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 24. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, from the action of the elements, from any unforeseen circumstances in the prosecution of the same, from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 25. PROTECTION OF ADJOINING PROPERTY Contractor shall take proper means to protect all adjacent or adjoining properties in any way encountered which might be injured or seriously affected by any process of construction to be undertaken under the Agreement. Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Project Manager against any claim or claims for damages due to the injury to any adjacent or adjoining property arising or growing out of performance of the contact. Any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work, if such damage is caused by Owner or Project Manager. 26. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner effect the contract or the work. If the Contractor observes that the plans and specifications are at variance therewith,he shall promptly notify the Project Manager in writing,and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager,he shall bear all costs arising there from. 27. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said ]Il�o� 0 Fu�Vu�NA , .��u�u a.�if; Suss giad� Illrr�ii.iuu �� �°, u_u�,uuif,.�!!u II 'k:,'�, M)��oll'� ]I_ ]II''1ul lu ur 6 u:q. contract without the written consent of the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or material required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner,as provided by this Agreement. 28. INDEMNIFICATION/PROTECTION AGAINST CLAIMS The 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 reasonable attorney's fees for injury or death to any person, or iniury 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, , 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. The Contractor shall defend, indemnify and hold harmless the Owner and respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work provided that any such damages, claim,loss, demand, suit, judgment,cost or expense: 1) Is attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible property,including the loss of use and, 2) Is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable. 29. WORKERS COMPENSATION INSURANCE As required by the Texas Workers' Compensation Commission Rule 28, 110.110, the Contractor shall also carry worker's compensation insurance. The Contractor's failure to comply with any of the provisions of this Rule will be considered a material breach of contract by the Contractor. The City will have the right to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the City. The successful Contractor must provide a certificate of coverage to the City prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must file a new certificate of coverage with the City Purchasing Division showing coverage has been extended. The Contractor shall obtain from each sub-contractor providing services on the project a certificate of coverage,prior to that person beginning work on the project. Sub-contractor certificates must also be submitted to the Purchasing Division. ]Bo 0 Shy A , .� Suss giadc II ,k:,I', 37 0ll S]I_ 30. WAGE RATES The successful contractor shall be required to comply with Chapter 2258 of the Texas Government Code with respect to the payment of prevailing wage rates. Chapter 2258 states contractors and subcontractors shall not pay less than the prevailing wage rate to all laborers, workmen, and mechanics employed by them in the execution of the contract. Contractors should familiarize themselves with the entire provision of this law and the penalties provided for its violation before submitting their bids. No portion of this provision shall be construed to prohibit the payment of more than the stated wage rate to any laborer, workman or mechanic employed on the project. It shall be the responsibility of the Contractor to maintain an adequate work force whether higher wages are required or not. The State of Texas has adopted the Federal Davis-Bacon wage rates for the use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. The U.S. Department of Labor web site may be accessed at www.access.g Do.,ov to obtain the appropriate wage rates to be used in Tarrant County, Texas. It shall be the responsibility of the successful contractor to obtain the proper wage rates for Tarrant County for the type of work defined in the bid specifications. The City will audit the contractor and all sub-contractors employed by contractor to ensure they are paying the prevailing wage rate weekly. Contractor and all sub-contractors must submit certified payrolls on a weekly basis per the Contractor's Application that must be filed prior to bidding. In the event an audit is performed,the contractor shall be required to supply a certified copy of the records showing the prevailing wage rates have been met. 31. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract,unless otherwise herein specifically provided,that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract,the plans and specifications, and within the time of completion designated in the Proposal and each Scope of Work. The Contractor shall submit,at such times as may reasonably be requested by the Project Manager,schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 32. EXTENSION OF TIME Contractor shall give the Project Manager immediate notice in writing of any delay in completion of project. If the Owner decides an extension of time is justified,the Project Manager shall issue a written extension of time for completing the work specifying the date by which the work shall be completed. Such extension shall be sufficient to compensate Contractor for the delay. ]Illo 0 Shy A , .�pkta.i Suss giadcIllrr�ii.iuu ]II''1ul lu ur 6 u:q. 33. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE WORK ON TIME The Contractor agrees that, from the compensation otherwise to be paid, the Owner may retain the sum of Two Hundred Ninety-Four Dollars ($294.00) (daily liquidated damages rate)for each calendar day after the agreed Date of Completion that the work remains incomplete.Both parties have had the opportunity to assess the basis upon which the daily liquidated damages rate is based, and such rate is agreed upon as the proper measure of liquidated damages that represents a reasonable and fair estimate of damages which the Owner will sustain per diem by the failure of the Contractor to complete the work at the time stipulated in the contract. This sum is not to be construed in any sense as a penalty.The written acceptance of this calculation, which is separately agreed to by the parties, shall be incorporated into this contract. 34. PRICE OF WORK The Owner agrees to pay the Contractor for furnishing of all necessary labor, equipment and material, and the satisfactory completion of all work, the prices set forth in the Proposal hereto attached, and an amount not exceeding the Contract Price,which has been made a part of this contract. All materials embraced in the completion of this Contract must be in full conformity with the specifications and stipulations herein contained. 35. USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. The Contractor shall notify the Project Manager when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Project Manager, the Contractor shall furnish to the Project Manager in writing a detailed list of unfinished work. The Project Manager will review the Contractor's list of unfinished work and will add thereto such items as the contractor has failed to include. The "substantial completion"of the structure or facility shall not excuse the Contractor from performing all of the work undertaken,whether of a minor or major nature, and thereby completing the structure of facility in accordance with the contract documents. 36. DEFAULT/PAYMENTS WITHHELD Owner may declare Contractor in default of this Contract in the event Contractor fails to comply with the terms and conditions set forth in this Contract or any of the Contract Documents.In addition, the Owner may,on account of subsequently discovered evidence,issue a stop work order,withhold payment, withhold or nullify any certificate to such extent as may be necessary to protect himself from loss, and/or declare Contractor in default on account of any of the following: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payments properly to Sub-Contractors or for material or labor. (4) Damage to another contractor. (5) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (6) Reasonable indication the work will not be completed within contract time. ]I3o d Shy A , . Suss giadc II ,k:,Ic 3O oll'� ]I_ ]II''1ul lu ur 6 u:q. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld,payment shall be made for amounts withheld because of them. 37. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Project Manager within ten (10) days after the Project Manager has given any directions, order or instruction to which the Contractor desires to take exception. The Project Manager shall reply within ten(10)days to such written exceptions by the Contractor and render his final decision in writing. 38. ABANDONMENT BY CONTRACTOR If the Contractor shall fail to commence work within ten(10)calendar days after written notice to commence is served on Contractor or if the Contractor stops work or fails to pursue work in a timely fashion and fails to resume and pursue work in a timely fashion within ten (10) calendar days of a written notice of work stoppage or failure to pursue work in a timely fashion, or if the Contractor fails to comply with orders consistent with the contract documents, the Owner may declare the Contractor in default and the contract abandoned, and direct the surety on the performance bond with a written notice to complete the work. A copy of the notice to the surety shall be served on the Contractor. After receiving the notice of abandonment, the Contractor shall not remove any materials or supplies from the job site. After the contract is declared abandoned,the Owner shall be entitled to pursue any legal remedy and to seek damages for breach of contract from the Contractor and, to the extent that it fails to honor its obligations under the performance bond, from the surety on the bond. 39. DURATION OF AGREEMENT AND PRICE ADJUSTMENTS The successful bidder will be awarded a twelve(12)month agreement effective the date of award. Prices are to remain firm for the twelve (12) month agreement period. At the City's option, the agreement may be renewed for four (4) additional twelve (12) month periods at a price proposed by the contractor. 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 less. Renewal shall be at the sole discretion of the City of North Richland Hills departments utilizing the contract. All areas of non-conformance shall be submitted in writing to the Purchasing Manager and must be corrected within 10 days from date of notification. After three non-conformance complaints the contract may be subject to cancellation. The quantities listed are estimated quantities using the best information available.The City reserves the right to choose the items that will be purchased and to purchase more than or less than the quantities listed. ]Ilion 0 SVu�NA , .� Suss giadc II ,k:,Ic 0 null"� ]I_ ]II''1ul lu ur c uu:q. iP,�uua+ a uauu,�!!u 40. SUBCONTRACTORS Any subcontractor who furnishes labor or materials to fulfill an obligation to Contractor under this Contract or who performs all or part of the work required by this Contract, must comply with all notice and filing requirements of Texas Property Code, Chapter 53 in order to perfect a mechanic's, contractor's or materialman's lien. If a subcontractor complies with Chapter 53 of the Texas Property Code, Owner shall be authorized to withhold payment from the Contractor for payment of the claim. Owner shall release any such payment to the Contractor upon written notice and sufficient documentation to Owner from subcontractor that the claim has been paid or otherwise settled. 3o�vl SVu�NA , , S ibgm°adc II ,,:,Ic II oII": IL ]II''1ul l pr 6,td SPECIFICATIONS A. The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, traffic control devices, superintendence, labor, services, insurance, and all water, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. B. Contractor agrees that the City of North Richland Hills Public Works Department has the right to make all final determinations as to whether the work has been satisfactorily completed and meets all specifications. C. All construction work shall be in accordance with the City of North Richland Hills Public Works Design Manual and the Standard Specifications for Public Works Construction for the North Central Texas (North Central Texas Council of Governments) Design Manual. The contractor shall meet all specifications as outlined by these two manuals. D. A Notice to Proceed will be issued for each separate "Project" included in this contract. As a major rehabilitation project, the Public Works Superintendent will provide a start date and the contractor will have a fixed time period to complete the work on that project, as identified in Exhibit"A", Scope of Work. If the contractor believes the time is insufficient to complete the scope of work, notice must be provided prior to commencement of work. The completion period for the work order may be extended by the Public Works Department due to adverse weather conditions or due to the scope of the work. E. The Contractor shall be responsible for all costs to construct pay items and must furnish their own dump site for waste material removed. F. The contractor is responsible for all property restoration (yards, street rights-of-way). This includes backfilling, top-soil, grass, mail boxes, irrigation systems, sprinkler heads, sign posts, signs or any other structures located on property or in the street right-of-way. No separate pay for restoration. G. The yard or street ri ghts-of-ways shall be restored to the original condition or better using sod of the same type grass that was removed from that area. All spoil dirt shall be removed from the surrounding area. The new sod shall be laid edge to edge to give full coverage unless property owner request gaps be left between the sod pads. Cut-in edges of pads to match existing ground elevations. The new sod pads shall be laid brick layer staggered fashion to Su,Ibgladc III u'opcd I a,°:,I';4�2 all" ]I. 1p1/ F�pe6 kc hl0W"i prevent erosion. H. If yard restoration occurs during the non-growing months of November to March, a winter grass such as rye shall be planted to hold the soil. The Contractor shall complete the yard restoration by planting the new sod in the month of April. Working day charges will be stopped when the project is substantially complete, but two percent(2%) of the contract price will be retained until new sodding and yard restoration is complete. If sodding and yard restoration is not completed by April 15, working day charges will be resumed on April 16, and will continue until yard restoration is complete. I. If yard is equipped with an irrigation system, caution should be taken to preserve the system. If a portion of the irrigation system is damaged, it will be the responsibility of the Contractor, as part of the yard restoration, to repair or replace all broken parts and have the owner test the repaired system. No direct payment shall be made for the yard restoration. All irrigation damages, repairs or relocations shall be done by a licensed irrigation company or person. No separate pay for irrigation repair. J. It will be the responsibility of the contractor to furnish, maintain, and remove all temporary traffic control devices. Temporary traffic control devices shall conform to the Manual on Uniformed Traffic Control Devices (MUTCD). A traffic control plan shall be submitted to the Public Works Department for review for each project location prior to the start of the proj ect. K. It is the contractor's responsibility to minimize sediment travel onto adjacent property or streets. Erosion control must be in place as shown on the plans or as directed by the Street Supervisor. The erosion control is to be maintained until sod has been established. L.The contractor shall remove all excess spoils from the road. There will be no overnight stock piling of materials either new or spoiled within the Public Rights of Way without prior approval. Bo O ' Vu�°,A ,A, q!6,ta.q1fh S,Ibgladc Ill1.1'opcd II ,4:,Ic oll'�]I. Fop 6kc 'ikuOW"i Explanation of Bid Items ITEM 1: FURNISH AND INSTALL TYPE D SURFACE COURSE HOT MIX ASPHALT This pay item consists of placing a two-inch(2")layer of Type D HMAC to complete the final driving surface. Asphaltic concrete shall meet the requirements for Type"D" of Item 340 of Standard Specifications for Construction of Highways, Streets and Bridge, latest edition. A tack coat shall be applied to the base course before placement of the surface course. MEASUREMENT AND PAYMENT: Measurement and payment shall by the ton complete in place. ITEM 2: FURNISH AND INSTALL TYPE B INTERMEDIATE BASE COURSE HOT MIX ASPHALT This pay item consists of placing a three-separate two-inch(2")layers of Type B HMAC to complete the base layers of asphalt. Asphaltic concrete shall meet the requirements for Type "B" of Item 340 of Standard Specifications for Construction of Highways, Streets and Bridge, latest edition. Asphalt Type "B" Base Course HMAC shall be either result in a total base thickness of 6-inches. A prime coat shall be applied to the prepared subgrade before placing the first lift, and the prime coat is considered subsidiary to this item. MEASUREMENT AND PAYMENT: Measurement and payment shall by the ton complete in place. ITEM 3: UNCLASSIFIED STREET EXCAVATION Unclassified Street Excavation shall consist of all the required excavation of existing pavement material within the project limits, the removal, proper utilization or disposal of all excavated material, and the shaping and finishing of all earthwork in conformity with the lines and grades as established by the Owner. Any usable material from excavation shall be compacted in the areas of the project limits needing fill, and the required compaction testing of this excess material shall be included in this bid item and be completed in accordance with City standards. Unclassified Street Excavation shall meet the requirements of Item 203.4 of the COG Specifications. MEASUREMENT AND PAYMENT: Unclassified Street Excavation shall be measured and paid for by the cubic yard for excavation from its original position, and shall include all materials excavated without regard to the materials encountered. Includes haul-off. Final measurement will be determined by the contractor providing sufficient elevation shots to the City, before and after excavation, to verify quantities. ] u'Ibgl' c III u'���up�,d I a'°:,''; all" ]I.���uGu� �V�R R,� �..� a p��,' ro ro l'hF) Fop 6& 1f;:gloG0.P'i ITEM 4: ADJUST EXISTING MANHOLE RINGS AND OVERS TO MATCH FINISHED GRADE This item shall govern only for adjusting existing manholes to grade on existing sewer lines to remain under street construction. Adjustments shall be made with grade rings. Rings and lids shall be salvaged and reused. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price "per each" manhole ring and lid assembly adjusted and shall include all materials including extension stems if necessary, equipment, labor, tools, and incidentals necessary to complete the work. ITEM 5: ADJUST EXISTING WATER VALVE STACKS AND COVERS TO MATCH FINISHED GRADE This item shall govern adjusting the valve stack on water valves such that the finished elevation of the rim is flush with the grade of the proposed pavement. See NRH Detail 1W. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price "per each" water valve adjusted and shall include all materials including extension stems if necessary, equipment, labor, tools, and incidentals necessary to complete the work. ITEM 6: HYDRATED LIME Hydrated lime for subgrade stabilization shall be furnished in accordance with the provisions of Specification Item 301.2, "Lime Treatment." MEASUREMENT AND PAYMENT: Lime will be measured by the ton and paid for at the price bid per ton after its incorporation into the subgrade. Quantities were computed on the basis of 6 lbs. per square yard per inch of stabilized subgrade (48#/SY). ITEM 7: 8-INCH THICK LIME TREATMENT The subgrade shall be stabilized with lime in accordance with the applicable provisions of Specification Item 301, "Subgrade, Subbase and Base Preparation." This item provides for the treating of the subgrade by pulverizing, addition of lime in slurry form, mixing and compacting the mixed material to the required density in conformity with the typical section, lines and grades as shown in the Plans or as established by the Owner's Project Representative. The Contractor will not be required to expose the secondary subgrade except in unstable areas. Estimated quantities for lime stabilized subgrade are based on 6 lbs per square yard per inch of subgrade as detailed in the table below. If the Geotechnical Report specifies a different application rate, adjustment will be made to the hydrated lime bid quantity. 3o 0 ' Vu�°,A ,A, q!6,ta.q1fh S,Ibgladc Ill1.1'opcd II ,4:,Ic 4�5 oll'S]I. Fop 6kc 'ikuOW"i Subgrade Thickness Lime Application Rate 6" 36 lbs/SY 8" 48 lbs/SY 101, 60 lbs/SY Once the final subgrade elevations are achieved during construction, the subgrade shall be sampled to determine the required lime application rate at a cost subsidiary to this bid item. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each square yard of subgrade thickness as specified in the construction plans from the edges of proposed HMAC transition pavement, and shall include all preparation, manipulation, testing, watering, compaction, and proof rolling of subgrade. ITEM 8: PORTLAND CEMENT Portland cement for subgrade stabilization shall be furnished in accordance with the provisions of Specification Item 301.3, "Portland Cement Treatment." MEASUREMENT AND PAYMENT: Portland Cement will be measured by the ton and paid for at the price bid per ton after its incorporation into the subgrade. ITEM 9: 8-INCH THICK CEMENT TREATMENT This item shall consist of preparing the 8-inch subgrade in those soils having a plasticity index less than 20. Portland cement slurry shall be added to the existing soils based on the rate specified in the Geotechnical Report. The subgrade shall be stabilized with cement in accordance with the applicable provisions of Specification Item 301, "Subgrade, Subbase and Base Preparation." This item provides for the treating of the subgrade by pulverizing, addition of Portland cement, mixing and compacting the mixed material to the required density in conformity with the typical section, lines and grades as shown in the Plans or as established by the Owner's Project Representative. The Contractor will not be required to expose the secondary subgrade except in unstable areas. Estimated quantities for cement stabilized subgrade are based on 30 lbs per square yard. If the Geotechnical Report specifies a higher application rate, adjustment will be made to the Portland cement quantity. Once the final subgrade elevations are achieved during construction, the subgrade shall be sampled to determine the required cement application rate at a cost subsidiary to this bid item. ]I3o l Vu�°,A q! ,td1h S,Ibglad , Ill1.1'o�cd lI aku;c 6 all" Fop 6& 'ikuOWi MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each square yard of subgrade thickness as specified in the construction plans from the edges of proposed HMAC transition pavement, and shall include all preparation, manipulation, testing, watering, compaction, and proof rolling of subgrade. ITEM 10: MOBILIZATION The work under this section of the specifications shall include the movement of personnel, construction equipment and supplies to the project site or to the vicinity of the project site in order to enable the Contractor to begin work on the contract. The cost of all bonds and insurance for the project will also be considered part of this specification. MEASUREMENT AND PAYMENT: Mobilization will be measured as a lump sum item as the work progresses. Partial payments for mobilization shall be paid for at the Total Unit Price as shown in the bid proposal with the regular monthly estimates as follows: The adjusted contract amount for construction items as used below is defined as the total contract amount less the lump sum bid for Mobilization. i. When 1% and less than 5% of the adjusted contract amount for construction items is completed, 50% of the mobilization lump sum bid or 5% of the total contract amount, whichever is less, will be paid. ii. When 5% and less than 10% of the adjusted contract amount for construction items is completed, 75% of the mobilization lump sum bid or 10% of the total contract amount, whichever is less, will be paid. Previous payments under this section will be deducted from this amount. iii. When 10% or more of the adjusted contract amount for construction items is completed, 90% of the mobilization lump sum bid or 10% of the total contract amount, whichever is less, will be paid. Previous payments under this section will be deducted from this amount. iv. Payment for the remainder of the lump sum bid for"Mobilization" will be made on the final estimate. ITEM 11: EROSION CONTROL The work as specified in this section shall include developing a Storm Water Pollution Prevention Plan (SWPPP), posting and maintaining an information sign on the project, and all labor, tools, equipment and incidentals necessary for furnishing, installing, maintaining, and inspecting erosion and sedimentation control devices as required by a"Primary Operator" in operational control of the day to day operations of construction, as defined by the Texas Commission on Environmental Quality (TCEQ) TPDES General Permit No. TXR150000. The City of North Richland Hills shall be defined as a"Primary Operator" in the operational control of the plans and specifications for the project. On this project, "erosion and sedimentation control devices" shall be defined as any approved control measure installed around proposed or existing inlets which are subject to interception of surface water containing sediment from soil erosion and/or sedimentation fencing used to stop construction sedimentation from being washed onto surrounding property and/or into adjacent drainage structures and/or adjacent drainage channels and/or Su,Ibgladc III u'opcd: I a,°:,I';4�l all" ]I. l'hF) Fop 6kc 1f;:gloG0."i adjacent bodies of water and/or into street right-of-ways. MEASUREMENT AND PAYMENT: Development of the SWPPP shall be measured and paid per lump sum and shall include all labor, equipment and materials necessary for construction, installation, repairs or replacement of erosion and sedimentation control devices, periodic removal of accumulated sediment, and removal of control devices upon completion of the project. Any necessary amendments to the SWPPP during construction will be considered a non-pay item. ITEM 12: MISC. PAVING ALLOWANCE The scope of work for this item will be determined in the field during the course of construction. This item is provided to cover the cost of miscellaneous adjustments and other work ordered by the OWNER, Inspector or Engineer but not included in any other Bid Schedule Item. A maximum allowance is indicated in the Bid Schedule for each of these items. MEASUREMENT AND PAYMENT: There will not be a measurement for this item. CONTRACTOR shall furnish all invoices and other documentation required by OWNER in order to determine the "actual field cost" of miscellaneous work covered under these items. Miscellaneous Allowance Items will be paid for based on the "actual field cost" of the work provided plus fifteen percent(15%). The fifteen percent(15%) of the "actual field cost" to be paid to the CONTRACTOR shall cover and compensate him/her for his/her profit, overhead, and all other elements of cost and expense not embraced within the "actual field cost" or covered elsewhere by these specifications. SUBSIDIARY ITEM SPECIFICATIONS SUBSIDARY ITEM#1 —This item consists of cleaning and removing lime, cement, asphalt, or any other material that has spilled or over sprayed onto any adjacent pavement, curb and gutter, mail boxes, or any other public or private property. Such items that require cleaning shall be cleaned in such a way as to restore the said item or items back to its original pre-project condition. SUBSIDARY ITEM# 2—It will be the responsibility of the contractor to furnish, maintain, and remove all temporary traffic control devices. Temporary traffic control devices shall conform to the Manual on Uniformed Traffic Control Devices (MUTCD). A traffic control plan shall be submitted to the Public Works Department for review for each project location prior to the start of the project. Su,Ibgladc III u'opcd I a,°:,I';4'1 of's]I. l'hF) Fop 6kc 1f;:gloG0."i SUBSIDARY ITEM#3 —It will be the responsibility of the contractor to full depth saw cut the limits of each Resurfacing project location. The pavement that is located outside the limits of the project shall be handled so as not to be raveled or damaged. NON-PAY ITEM SPECIFICATIONS The contractor is responsible for all property restoration (yards, street right-of-ways). This includes backfilling, top-soil, grass, mail boxes, irrigation systems, sprinkler heads, sign posts, signs or any other structures located on property or in the street right-of-way which were disturbed during paving activities. .......... . .... A irrigation damages, repairs or relocations shall e one y a... tense irrigation company or............ person. The contractor is responsible for adjustment of sprinkler heads, mailboxes or any landscaping to match new grades at the repair site. The yard or street right-of-ways shall be restored to the original condition or better using sod of the same type grass that was removed from that area. All spoil dirt shall be removed from the surrounding area. The new sod shall be laid edge to edge to give full coverage unless property owner request gaps be left between the sod pads. Cut-in edges of pads to match existing ground elevations. The new sod pads shall be laid brick layer staggered fashion to prevent erosion. Backfill material and top-soil shall be approved by the Public Works Department. Su'Ibgladc III u'opcd I a'°:,''; all" ]I. l'hF) Fop 6kc 1f;:gloG0."i Z O O d } F-d :c L) _X J W 04 04 x \\/ Ld / Q� /\ w d W ~ \ O N N w 0 m S� Cw)2¢ N Y O �Z \ Q U W0 of UJ O F-0 / F-M F- tC H O 0 O d 0W Q¢I-� ¢U F_O m Zw J(.) 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Sp c a II�c i uM 0i 20 Decker Drive, Suite 2i1 0 infin �i 02 a61g 2 l hone: (21 ) 1-3 31 A CRH COMPANY January 26, 2022 RE: 2018 Rule Changes to Form 1295 Beginning January 1, 2018 changes took effect concerning Form 1295. According to these changes a publicly traded business entity, including a wholly owned subsidiary of the business entity is exempt from the Form 1295 filing requirement. 45% 0a01°/g TexasBit is a part of Texas Materials Group, Inc., a member of the CRH family of companies ' that are wholly owned by CRH plc m OR Treasury headquartered in Ireland. Ireland 0 Retail CRH (LSE: CRH, ISE: CRG, NYSE: CRH) is a � 10 111/1/, Europe/Other leading global diversified building materials �a d, �� � N North America group, employing 87,000 people at 3,800 �1w united Kingdom operating locations in 31 countries worldwide. �� a A Fortune 500 company, CRH is a constituent member of the FTSE 100 index, the EURO STOXX 50 index and the ISEQ 20. CRH's American Depositary Shares are listed on the MUT NYSE. � M70. E,m"Otw MI IM,SIT x°mrra 7 S *?, Best regars, � A - s-a po�.vm�mm'am, ¢mxta•m;m mf tm rmnrrmm°w^mtrm.^mw ca^r:sM<ra'r...:2,r°a irmww;mrn Kmaqer,�rttm wprmgare•:.mwxm $ ireAa:w"�ra#FUnW4m m4 aarNkcaG.mra msm xtmmm^mrfi m:n:m4md i°hrax Chris Michael Vice President & General Manager TexasBit, a CRH company IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Approve a contract with Apex Construction, Inc., for the first renewal of Bid No. 21-011 for Year 2 of the Bond Street Improvements Project for Diamond Loch West, Meadow Oak Drive, Pearl Street, and Southampton Drive in the amount of $392,141.00. PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: Consider a contract with Apex Construction, Inc. for Year 2 of the Bond Street Concrete Improvements Project in the amount of$392,141.00 for the Diamond Loch West (ST2118), Meadow Oak Drive (ST2114), Pearl Street (ST2115), and Southampton Drive (ST2116) projects. GENERAL DESCRIPTION: The 2020 Street Bond program includes reconstruction funding for both major and residential streets as identified by the 2020 Capital Programs Advisory Committee (CPAC), approved by City Council in early 2020, and approved by NRH voters in November 2020. The major roadway reconstruction projects will be designed by engineering consultants and bid out as turn-key construction projects. The residential reconstructions, however, will be managed by Public Works personnel in a manner similar to that of a general contractor. Utility Contract Services will be reconstructing the existing water and sanitary sewer mains located beneath the roadway pavement prior to any paving work taking place. The city will be procuring external contracting services for the concrete work, as well as the subgrade and asphalt work needed to provide consistent curb and gutter, along with full-depth roadway pavement rehabilitation. The bid renewal under consideration tonight is for the concrete work needed to support the reconstruction of the identified "Year 2" residential projects: Diamond Loch West, Meadow Oak Drive, Pearl Street, and Southampton Drive. The concrete work includes removal and replacement of designated portions of curb, gutter, drive approaches, and sidewalks (where present). In order to maximize bond funding, new sidewalks will not be included on residential streets where they do not already exist. RFB No. 21-011 was originally approved by City Council at the March 22, 2021 meeting. As contained in the original bid, 41-year renewal options are allowed. Apex Construction, Inc. has an extensive and successful history with the city providing this type of service, including work on the first two residential bond projects: North Hills and Nor'East. The prices for this year's work reflect an increase in overall construction costs of 12% for the concrete line items. IrLp NOKTH KICHLAN HILLS The work will be funded within the approved bond allocation, but does involve a small recapture of savings from Year 1 residential bond projects to fund a slight deficit in two of the Year 2 projects to support the full range of requested approvals: concrete, asphalt/subgrade, and utility work. Utility construction is anticipated to begin in May / June 2022, with the paving work to follow by late spring or early summer. RECOMMENDATION: Approve a contract with Apex Construction, Inc. for the first renewal of Bid No. 21-011 for Year 2 of the Bond Street Improvements Project for Diamond Loch West, Meadow Oak Drive, Pearl Street, and Southampton Drive in the amount of$392,141.00. CONSTRUCTION AGREEMENT FOR BOND STREET CONCRETE SERVICES FOR 2020 STREET BOND PROGRAM—YEAR 2 CITY OF NORTH RICHLAND HILLS AND APEX CONCRETE CONSTRUCTION, INC. THIS CONSTRUCTION AGREEMENT ("Contract")is made and entered by and between APEX CONCRETE CONSTRUCTION,INC., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City" or"Owner"), to be effective upon the date executed by the City. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: L CONTRACT DOCUMENTS The parties agree that the Contract Documents shall consist of the following: 1. This signed Construction Agreement; 2. Any and all Addendum(s); 3. "Notice to Bidders" advertisement; 4. The Contractor's Bid Proposal 5. Special Instruction to Bidders; 6. General Conditions of Bid #21-011; 7. Special Conditions of Bid #21-011; 8. The Specifications of Bid#21-011; 9. The Plans/Drawings of Bid#21-011; 10. Payment Bond; 11. Performance Bond; and 12. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. II. THE WORKS Contractor shall provide all labor, supervision, materials and equipment necessary to perform all work required by the contract documents in connection with the construction of Bond Street Concrete for Diamond Loch West, Meadow Oaks Drive, Pearl Street and Southampton Drive ("work"), through Bid#21-011 in accordance with a Scope of Work in the form of Exhibit "A," for each service provided under this Contract. Each Scope of Work shall be incorporated herein and governed by the terms and conditions of this contract. IlWmiiu:' S�mc�ci comucmcl�c Ilmnpov i'un `(car 2. -Iag cr II od'5 III. TIME OF COMMENCEMENT; COMPLETION Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed for a work order. The Term of this Contract shall be for 12 months. The City shall have the option to renew this Contract for three (3) additional 12 month periods in accordance with Section 39 of the Special Conditions. The Date of Completion for the work shall be set forth in the Scope of Work for each service provided under this Contract. IV. CONTRACT PRICE The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, a total amount not to exceed THREE HUNDRED NINETY-TWO THOUSAND ONE HUNDRED FORTY-ONE AND 00/100 DOLLARS ($392,141.00) ("Contract Price"). Payment will be due upon completion of work and acceptance of the work by the City. Within the following thirty (30) days, Owner shall make partial payments to the Contractor for work performed during the preceding calendar month as estimated by the Owner or Owner's Representative. Ten percent(10%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts less than four hundred thousand dollars ($ 400,000.00) in total Contract Price. Five percent(5%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts equal to or greater than four hundred thousand dollars ($ 400,000.00) in total Contract Price. Upon completion and acceptance of all work in compliance with the Contract, the Owner shall, within thirty (30) days, pay the Contractor the balance due under the terms and conditions of the Contract. V. CHOICE OF LAW; VENUE The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties, the parties shall be entitled to reasonable attorney's fees that are necessary, equitable and just, in accordance with applicable law, and as awarded by a court of competent jurisdiction. VI. INSURANCE The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of Bid#21-011, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. Wmiiu:' S�mc�ci comucmi°lc np"ovi'M `u i'ar 2. VIL TERMINATION A)Either party may terminate this Contract at any time for cause or convenience by providing ninety (90) days' written notice to the other party. Upon the receipt of such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. B)Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. VIIL FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Contract if the performance is delayed or prevented by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. Such party's performance shall be excused for the length of time the force majeure event lasts, provided that party makes a reasonable attempt to resume performance upon conclusion of the force majeure event, unless such performance has become legally impossible, in which case that party may terminate the Contract. IX. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with Owner information that may be confidential by law, rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of or access to, any confidential information by Contractor is a material breach of this Agreement. If Contractor violates this provision, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. ag'c' r od'5 X. RIGHT TO AUDIT During the term of this Contract, and at any time within three (3) years following the expiration of this Contract, the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Contract, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contract or agrees that it will keep records relating to the services provided hereunder for as long as required by law. XI. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: If to Contractor: City of North Richland Hills Apex Concrete Construction, Inc. Attn: Mark Hindman, City Manager Attn: Danny Porter 4301 City Point Drive 1080 Katy Rd.. North Richland Hills, Texas 76102 Keller, TX 76248 Email: � h n m,.1n0),nrht)(.com Email: apexconstruction57@gmail.com Phone: (817) 427-6004 Phone: 817-454-1995 With copy to the City Attorney at the same address. Wild S� v cl couud',uclIc Ilunp'ovcunua uluf.4!!i6 couu Au"q:n.d':fiouu uggn c unuc111f[ Fla, r',; � olf II r XIL DISPUTE RESOLUTION Except in the event of termination pursuant to Section VII(B) of this Contract, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Contract, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party inwriting as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall l Wild S vccl couud'vcllc Ilunp'ovcMuauiuf.� u(ic,au 2 >Igcr � od'5 have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties an obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order in injunction where such relief is necessary to protect is interests. XIIL ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. XIV. EFFECTIVE DATE This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. IN WITNESS WHEREOF,the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS APEX CONCRETE CONSTRUCTION, INC. BY: BY: Mark Hindman, City Manager Danny Porter DATE: DATE: ATTEST: ATTEST: TITLE: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action Y/N Date Approved Agenda No. Ord/Res No. Maleshia B. McGinnis, City Attorney Wmiiu:' S�mc�ci comucmi°lc np"ovi'M `u i'ar 2. 011111!i6�Iu',fgoui 'Aggn c�lfnua uluf. -Iagcr 5 od'5 EXHIBIT "A" SCOPE OF WORK Scope of Work#1 This document outlines the services to be provided by APEX CONCRETE CONSTRUCTION, INC., ("Contractor") pursuant to City of North Richland Hills ("City") Bid #21-011 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal and replacement of concrete curb, gutter, driveways, and other street-related concrete improvements along approximately 200 linear feet of residential roadway. Exact location of replacement(s)to be identified by City staff. Location of Services: Diamond Loch West(Cul-De-Sac's) Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: APEX CONCRETE CITY OF NORTH RICHLAND HILLS CONSTRUCTON, INC. By: By: Caroline Waggoner, Director of Public Works Danny Porter Date: Date: By: By: Boe Blankenship, Project Manager Authorized Representative Date: Date: a g.c� II od'r EXHIBIT "A" SCOPE OF WORK Scope of Work#2 This document outlines the services to be provided by APEX CONCRETE CONSTRUCTION, INC., ("Contractor") pursuant to City of North Richland Hills ("City") Bid #21-011 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal and replacement of concrete curb, gutter, driveways, and other street-related concrete improvements along approximately 1,430 linear feet of residential roadway. Exact location of replacement(s)to be identified by City staff. Location of Services: Meadow Oaks Drive (Dick Lewis Dr—Buenos Aires Dr) Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: APEX CONCRETE CITY OF NORTH RICHLAND HILLS CONSTRUCTON, INC. By: By: Caroline Waggoner, Director of Public Works Danny Porter Date: Date: By: By: Boe Blankenship, Project Manager Authorized Representative Date: Date: EXHIBIT "A" SCOPE OF WORK Scope of Work#3 This document outlines the services to be provided by APEX CONCRETE CONSTRUCTION, INC., ("Contractor") pursuant to City of North Richland Hills ("City") Bid #21-011 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal and replacement of concrete curb, gutter, driveways, and other street-related concrete improvements along approximately 1,100 linear feet of residential roadway. Exact location of replacement(s)to be identified by City staff. Location of Services: Pearl Street(Freda Ln—Hometown Alley) Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: APEX CONCRETE CITY OF NORTH RICHLAND HILLS CONSTRUCTON, INC. By: By: Caroline Waggoner, Director of Public Works Danny Porter Date: Date: By: By: Boe Blankenship, Project Manager Authorized Representative Date: Date: EXHIBIT "A" SCOPE OF WORK Scope of Work#4 This document outlines the services to be provided by APEX CONCRETE CONSTRUCTION, INC., ("Contractor") pursuant to City of North Richland Hills ("City") Bid #21-011 and the Contract executed between Contractor and City on ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal and replacement of concrete curb, gutter, driveways, and other street-related concrete improvements along approximately 1,700 linear feet of residential roadway. Exact location of replacement(s)to be identified by City staff. Location of Services: Southampton Drive (Wakefield Rd—Chapman Rd) Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: APEX CONCRETE CITY OF NORTH RICHLAND HILLS CONSTRUCTON, INC. By: By: Caroline Waggoner, Director of Public Works Danny Porter Date: Date: By: By: Boe Blankenship, Project Manager Authorized Representative Date: Date: Bond Street Concrete Improvements-Year 2 Scope of Work 1 - Diamond Loch West Courts ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY. Remove and replace valley 1 0 SF gutter, complete in place. $ $ Remove and replace reinforced 2 0 SF 4' concrete sidewalk, complete $ $ in place. Remove and replace reinforced 3 0 SF 5' concrete sidewalk, complete $ $ in place. Install handicap ramp, complete 4 0 EA in place. $ $ Remove and replace concrete 5 300 LF curb and gutter, complete in $ 35.85 $ 10,755.00 place. Remove and replace driveway 6 150 SF flow line, complete in place. $ 11.76 $ 1,764.00 Remove and replace driveway, 7 600 SF complete in place. $ 10.64 $ 6,384.00 Remove and replace curb inlet 8 0 LF ear or return, complete in place $ $ Remove and Replace Concrete 9 0 SF Pavement, complete in place— $ $ 5"thick Remove and replace concrete 10 0 SF pavement, complete in place—6" $ $ thick Remove and replace concrete 11 0 SF pavement, complete in place—7" $ $ thick Remove and replace concrete 12 0 SF pavement, complete in place—8" $ $ thick Remove and replace standard 13 0 EA curb inlet, complete in place. $ $ Remove and replace standard 14 0 EA curb inlet top, complete in place. $ $ Mobilization Fee 15 1 LS $ 5,500.00 $ 5,500.00 Misc. Paving Allowance 16 1 LS $ 5 000.00 $ 5,000.00 DIAMOND LOCH WEST COURTS TOTAL $ 29,403.00 Bond Street Concrete Improvements-Year 2 Exhibit"A"-Scope of Work Page 5 of 9 Bond Street Concrete Improvements-Year 2 Scope of Work 2- Meadow Oak Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY. Remove and replace valley 1 0 SF gutter, complete in place. $ $ Remove and replace reinforced 2 0 SF 4' concrete sidewalk, complete $ $ in place. Remove and replace reinforced 3 0 SF 5' concrete sidewalk, complete $ $ in place. Install handicap ramp, complete 4 0 EA in place. $ $ Remove and replace concrete 5 1,000 LF curb and gutter, complete in $ 35.85 $ 35,850.00 place. Remove and replace driveway 6 700 SF flow line, complete in place. $ 11.76 $ 8,232.00 Remove and replace driveway, 7 3,000 SF complete in place. $ 10.64 $ 31,920.00 Remove and replace curb inlet 8 0 LF ear or return, complete in place $ $ Remove and Replace Concrete 9 0 SF Pavement, complete in place— $ $ 5"thick Remove and replace concrete 10 0 SF pavement, complete in place—6" $ $ thick Remove and replace concrete 11 0 SF pavement, complete in place—7" $ $ thick Remove and replace concrete 12 0 SF pavement, complete in place—8" $ $ thick Remove and replace standard 13 0 EA curb inlet, complete in place. $ $ Remove and replace standard 14 0 EA curb inlet top, complete in place. $ $ 15 1 LS Mobilization Fee $ 5,500.00 $ 5,500.00 Misc. Paving Allowance 16 1 LS 5,000.00 500000 MEADOW OAK DRIVE TOTAL $ 86,502.00 Bond Street Concrete Improvements-Year 2 Exhibit"A"- Scope of Work Page 6 of 9 Bond Street Concrete Improvements-Year 2 Scope of Work 3- Pearl Street ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY. Remove and replace valley 1 0 SF gutter, complete in place. $ $ Remove and replace reinforced 2 0 SF 4' concrete sidewalk, complete $ $ in place. Remove and replace reinforced 3 0 SF 5' concrete sidewalk, complete $ $ in place. Install handicap ramp, complete 4 0 EA in place. $ $ Remove and replace concrete 5 1,200 LF curb and gutter, complete in $ 35.85 $ 43,020.00 place. Remove and replace driveway 6 800 SF flow line, complete in place. $ 11.76 $ 9,408.00 Remove and replace driveway, 7 4,500 SF complete in place. $ 10.64 $ 47,880.00 Remove and replace curb inlet 8 0 LF ear or return, complete in place $ $ Remove and Replace Concrete 9 0 SF Pavement, complete in place— $ $ 5"thick Remove and replace concrete 10 0 SF pavement, complete in place—6" $ $ thick Remove and replace concrete 11 0 SF pavement, complete in place—7" $ $ thick Remove and replace concrete 12 0 SF pavement, complete in place—8" $ $ thick Remove and replace standard 13 0 EA curb inlet, complete in place. $ $ Remove and replace standard 14 0 EA curb inlet top, complete in place. $ $ Mobilization Fee 15 1 LS $ 4,500.00 $ 4,500.00 Misc. Paving Allowance 16 1 LS 5,000.00 $ 5,000.00 PEARL STREET TOTAL $ 109,808.00 Bond Street Concrete Improvements-Year 2 Exhibit"A"-Scope of Work Page 7of9 Bond Street Concrete Improvements-Year 2 Scope of Work 4- Southampton Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY. Remove and replace valley 1 0 SF gutter, complete in place. $ $ Remove and replace reinforced 2 5,000 SF 4' concrete sidewalk, complete $ 9.52 $ 47,600.00 in place. Remove and replace reinforced 3 0 SF 5' concrete sidewalk, complete $ $ in place. Install handicap ramp, complete 4 6 EA in place. $ $ Remove and replace concrete 5 1,600 LF curb and gutter, complete in $ 35.85 $ 57,360.00 place. Remove and replace driveway 6 800 SF flow line, complete in place. $ 11.76 $ 9,408.00 Remove and replace driveway, 7 4,000 SF complete in place. $ 10.64 $ 42,560.00 Remove and replace curb inlet 8 0 LF ear or return, complete in place $ $ Remove and Replace Concrete 9 0 SF Pavement, complete in place— $ $ 5"thick Remove and replace concrete 10 0 SF pavement, complete in place—6" $ $ thick Remove and replace concrete 11 0 SF pavement, complete in place—7" $ $ thick Remove and replace concrete 12 0 SF pavement, complete in place—8" $ $ thick Remove and replace standard 13 0 EA curb inlet, complete in place. $ $ Remove and replace standard 14 0 EA curb inlet top, complete in place. $ $ Mobilization Fee 15 1 LS $ 4,500.00 $ 4,500.00 16 1 LS Misc. Paving Allowance 5,000.00 $ 5,000.00 SOUTHAMPTON DRIVE TOTAL $ 166,428.00 Bond Street Concrete Improvements-Year 2 Exhibit"A"- Scope of Work Page 8 of 9 Total Amount: 2022 Section I — Diamond Loch West $ 29,403.00 Section II — Meadow Oak Drive $ 86,502.00 Section III — Pearl Street $ 109,808.00 Section IV — Southampton Drive $ 166,428.00 Total Bid: $ 392,141.00 NORTH RIC'. HLAND7 HILLS Iq THE CITY OF CHOICE PURCHASING DEPARTMENT REQUEST FOR BID 21-011 Bond Street Concrete Improvements BY 11:00 A.M. Cointeirits INVITATIONTO BID................................................................................................................... 3 GENERALCONDITIONS ............................................................................................................ 4 INSURANCE REQUIREMENTS................................................................................................ 10 NON-COLLUSION AFFIDAVIT OF BIDDER.......................................................................... 11 BID CERTIFICATION ................................................................................................................ 12 COMPLIANCE WITH HOUSE BILL 1295................................................................................ 13 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY................................................ 14 CONFLICT OF INTEREST QUESTIONNAIRE........................................................................ 15 CONTRACT CHANGES GRID .................................................................................................. 18 CONSTRUCTION AGREEMENT.............................................................................................. 19 EXHIBIT "A"............................................................................................................................... 25 BIDPROPOSAL.......................................................................................................................... 27 SPECIALCONDITIONS............................................................................................................. 31 SPECIFICATIONS....................................................................................................................... 42 kmld ll''on 4l IIw�6:)llld q°Ac 'llngc 2 i"l (6 INVITATIONTO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 21-011 ➢ Bid Type: REQUEST FOR BID ➢ Bid Name: BOND STREET CONCRETE IMPROVEMENTS ➢ Bid Due Date: Wednesday, March 03, 2021 ➢ Bid Due Time: 11:00 A.M. Central Standard Time ➢ Deadline for questions: Date: Friday, February 26, 2021 Time: 12:00 P.M. Central Standard Time DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: www.i)ublici)urchase.com No oral explanation in regards to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. C'FENERAI., 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 web site on or before 11:00 A.M. Wednesday,March 03,2021. 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; 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. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. �; 5 ifl (J �o"�IIY '"°;�10 4 � 1Iw4;;,"dud q°o^�o^ Snu �q°i"mo-'o,';Gnui`qulfP'�'�; ''�; 9. DELIVERY/ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable"equal"items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3)references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. �; (u ifl 6 J �o"�IIY '"°;�10 4 � 1Iw4;;,"dud q°o^�o^ Snu �qi"mo-'o,';�pui`qulfP'�'�; ''�; 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. INTENTIONALLY DELETED 18. INDEMNITY The 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 reasonable attorney's fees for injury or death to any person, or iniury 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,,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. The Contractor shall defend,indemnify and hold harmless the Owner and respective officers,agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work provided that any such damages, claim,loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible property,including the loss of use and, (2) Is caused in whole or in part by any ne2li2ent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable. 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred(100)percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount of one hundred(100)percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. [X] Yes, we agree [ ] No, we do not agree 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code,vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. [X] Yes, we agree [ ] No, we do not agree ]I knd 1.01c�l 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 851h 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. [X] 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. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment- The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to me. 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/DocumentCenter/View/389/Code-of-Ethics---PDF?bidId [X] I agree [ ] I do not agree 25. 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. 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+VI 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 $500,000 Combined single limit Liability Insurance,including for bodily injury and property coverage for loading and unloading damage hazards,for a) Owned/Leased Vehicles b) Non-Owned Vehicles c) Hired Vehicles A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 3o"lid 1'010 � l 111_1,"1ud qck^ 0 ifl ( .................................. . ........— , '', NON-COLI.A.JSION AFFIDAN"I"YOFMI)DER State of wW County of verifies that.- (Name) (1) He/She is owner,partner, officer, representative, or agent of f has submitted the attached bib: (Co party Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers,partners, agents of employees has in any way colluded, conspired or agreed, directly or indirectly with any of bidder, firm or person to sub mit a collusive ors bid in connection with attached bid and the price or prices quoted herein are fair an roper. SIGNATURE PRINTEDNAME Subscribed and sworn to before me this 3_Ld Day of — _202$. fO T4 4PI i�na n for NATALIE DAWKINS Notary Pubhc,State of Texas J( r- 6�, county, Texas. Comm,Exp4es 05-06-2024 Notery ID 130652453 'My commission expires: THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BUD Bond Strcllet ("oinicreto 11,age I I of'65 I Bid I)oCurnent'"', BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read,understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: Apex Concrete Construction, Inc. ADDRESS: 1080 Katy Rd. CITY, STATE& ZIP: Keller, TX 76244 TELEPHONE: 817-4 54-19 9 5 FAX EMAIL: apexconstruction57@gmail.com SIGNATURE: PRINTED NAME: Danny Porter DATE: 03/02/2021 knd 1'01 4 l Ilw�ll:"1Ild q"oAc 2 I"l (6 In 2015, the Texas Legislature adopted House .13M 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1)requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title. 4) Sign the printed copy of the form (an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The 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 littps://www.etlincs.state.tx.us/wl:atsiiew/ell` iiifo foam J295.11tm. Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P O Box 13186,Austin, TX 78711-3186 (512) 463-5872 http://www.window.state.tx.us/procurement/prog/hub/hub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 http://www.nctrca.ora/certification.html If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State,Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 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/C IQ.�ctf kn d 11' 1 � l 111-1,"1ud q°oAc 5 i"U ( CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 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 176.006, Local Government Code.An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. Apex Concrete Construction, Inc. 2 ❑ 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. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes Ex I 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? Yes IZI No s Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 03/02/2021 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 kmld 11,0n 4 I IIw�6:)Illd q"o c ]L)IV 1qi"mo-'o�";)ppi"glllil''s` I 16 in 65 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.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to 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§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 afamily 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 kmd I'AnxA iLam q°Ae Png II 7 ini ( The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terms and Conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID Proposed Contractor/Bidder ("Contractor" or "Bidder"), submits the following modifications to the City's Standard ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s) proposed by Contractor; however, the City agrees to negotiate in good faith in consideration of Contractor's request, subject to legal requirements, City policies and advice of the City Attorney. Section /Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only) City Response: Accepted Not Accepted Modified CONSTRUCTION AGREEMENT FOR BOND STREET CONCRETE SERVICES FOR NORTH HILLS DRIVE AND NOWEAST DRIVE CITY OF NORTH RICHLAND HILLS AND APEX CONCRETE CONSTRUCTION, INC. THIS CONSTRUCTION AGREEMENT ("Contract")is made and entered by and between APEX CONCRETE CONSTRUCTION, INC., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City" or"Owner"), to be effective upon the date executed by the City. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: L CONTRACT DOCUMENTS The parties agree that the Contract Documents shall consist of the following: 1. This signed Construction Agreement; 2. Any and all Addendum(s); 3. "Notice to Bidders" advertisement; 4. The Contractor's Bid Proposal 5. Special Instruction to Bidders; 6. General Conditions of Bid #21-011; 7. Special Conditions of Bid #21-011; 8. The Specifications of Bid #21-011; 9. The Plans/Drawings of Bid#21-011; 10. Payment Bond; 11. Performance Bond; and 12. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. II. THE WORKS Contractor shall provide all labor, supervision, materials and equipment necessary to perform all work required by the contract documents in connection with the construction of Bond Street Concrete for North Hills Drive and Nor'East Drive ("work"), through Bid #21-011 in accordance with a Scope of Work in the form of Exhibit "A," for each service provided under this Contract. Each Scope of Work shall be incorporated herein and governed by the terms and conditions of this contract. III. TIME OF COMMENCEMENT; COMPLETION Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed for a work order. The Term of this Contract shall be for 12 months. The City shall have the option to renew this Contract for four (4) additional 12 month periods in accordance with Section 39 of the Special Conditions. The Date of Completion for the work shall be set forth in the Scope of Work for each service provided under this Contract. IV. CONTRACT PRICE The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, a total amount not to exceed TWO HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED FIFTY ($283,750.00) ("Contract Price"). Payment will be due upon completion of work and acceptance of the work by the City. Within the following thirty (30) days, Owner shall make partial payments to the Contractor for work performed during the preceding calendar month as estimated by the Owner or Owner's Representative. Ten percent (10%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts less than four hundred thousand dollars($400,000.00)in total Contract Price. Five percent (5%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts equal to or greater than four hundred thousand dollars ($ 400,000.00) in total Contract Price. Upon completion and acceptance of all work in compliance with the Contract, the Owner shall, within thirty (30) days, pay the Contractor the balance due under the terms and conditions of the Contract. V. CHOICE OF LAW; VENUE The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed knd 1'01 4 l IIw�6:nld q"oAc 2O i"l (6 by a person authorized by the City to do so. In the event of litigation between the parties, the parties shall be entitled to reasonable attorney's fees that are necessary, equitable and just, in accordance with applicable law, and as awarded by a court of competent jurisdiction. VI. INSURANCE The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of Bid#21-011,with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. VIL TERMINATION A) Either parry may terminate this Contract at any time for cause or convenience by providing ninety(90)days' written notice to the other parry. Upon the receipt of such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance,facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. B)Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. VIIL FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Contract if the performance is delayed or prevented by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. Such party's performance shall be excused for the length of time the force majeure event lasts, provided that k"G d 1'01 4 l IIw�6:"1Ild q"oAc i"l (6 party makes a reasonable attempt to resume performance upon conclusion of the force majeure event, unless such performance has become legally impossible, in which case that party may terminate the Contract. IX. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with Owner information that may be confidential by law,rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of or access to, any confidential information by Contractor is a material breach of this Agreement.If Contractor violates this provision, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. X. RIGHT TO AUDIT During the term of this Contract, and at any time within three(3)years following the expiration of this Contract, the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Contract, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. XI. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: If to Contractor: City of North Richland Hills Apex Concrete Construction, Inc. Attn: Mark Hindman, City Manager Attn: Danny Porter 4301 City Point Drive 1080 Katy Rd. North Richland Hills, Texas 76102 Keller, TX 76248 Email: mhindman(ea�,nrhtx.com Email: apexconstruction57@gmail.com Phone: (817)427-6004 Phone: 817-454-1995 With copy to the City Attorney at the same address. knd 1'01 4 l IIw�6:)111cn,Ac 22 i"l (6 XII. DISPUTE RESOLUTION Except in the event of termination pursuant to Section VII(B) of this Contract, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Contract,the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing parry shall notify the other parry in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the parry's specific reasons for such dispute. Within ten (10) business days of receipt of the notice,both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either parry shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order in injunction where such relief is necessary to protect is interests. XIIL ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations,representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. XIV. EFFECTIVE DATE This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. fond 1'01 4 l Iw�6:m q°Ae 2 a i"l (6 IN WITNESS WHEREOF, the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS APEX CONCRETE CONSTRUCTION, INC. BY: BY: Mark Hindman, City Manager Danny Porter DATE: DATE: ATTEST: ATTEST: TITLE: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action Y/N Date Approved Agenda No. Ord/Res No. Maleshia B. McGinnis, City Attorney knd 1'01 4 l IIw�6:)111cn'Ac 2 i"l (6 '11/ "gip c a EXHIBIT "A" SCOPE OF WORK Scope of Work#1 This document outlines the services to provided by APEX CONCRETE CONSTRUCTION, INC., ("Contractor") pursuant to City of North Richland Hills ("City") Bid #21-011 and the Contract executed between Contractor and City on 21-011 bond ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal and replacement of concrete curb, gutter, driveways, and other street-related concrete improvements along approximately 3,450 linear feet of residential roadway. Exact location of replacement(s)to be identified by City staff. Location of Services: North Hills Drive (Wendell Drive to City Limit) Date of Completion: 30 Days from Notice to Proceed Date Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: APEX CONCRETE CITY OF NORTH RICHLAND HILLS CONSTRUCTION, INC. By: By: Caroline Waggoner, Director of Public Works Name, Title Date: Date: By: By: Name, Project Manager Name, Authorized Representative Date: Date: fond 1'01 4 l 1Iw�6:n q"oAc 25 i"l (6 Scope of Work#2 This document outlines the services to provided by ABC ASSOCIATES INC., ("Contractor") pursuant to City of North Richland Hills ("City") Bid #21-011 and the Contract executed between Contractor and City on 21-011 bond ("Contract"). The services to be provided under the Scope of Work are as follows: Description of Services ("work"): Removal and replacement of concrete curb, gutter, driveways, and other street-related concrete improvements along approximately 2,500 linear feet of residential roadway. Exact location of replacement(s)to be identified by City staff. Location of Services: Nor East Hills Drive (Davis Blvd. to Dead End) Date of Completion: 30 Days from Notice to Proceed Date Cost of Services: This Scope of Work for the services described above is governed by and incorporated into the Contract. The parties hereby agree that the work to be performed shall be completed no later than the Completion Date indicated herein. If the work is not timely completed, the City shall have the right to exercise any and all remedies set forth in the Contract Documents and in accordance with applicable law. ACCEPTED AND AGREED: APEX CONCRETE CITY OF NORTH RICHLAND HILLS CONSTRUCTION,INC. By: By: Caroline Waggoner, Director of Public Works Name, Title Date: Date: By: By: Name, Project Manager Name, Authorized Representative Date: Date: knd 1'01 4 l IIw�6:nlcn,Ao" 26 i"l 65 ID PROPOSAL BASE BID—Bond Street Concrete Improvements SECTION I—North Hills Drive ITEM EST. UNIT DESCRIPTION UNIT PRICE EXTENDED NO. QTY. PRICE Remove and replace valley 1 0 SF gutter, complete in place. $ $ Remove and replace reinforced 2 0 SF 4"concrete sidewalk, complete $ $ in place. Remove and replace reinforced 3 0 SF 5"concrete sidewalk, complete $ $ in place. Install curb ramp, complete in 4 0 EA place. $ $ Remove and replace concrete 5 2,200 LF curb and gutter,complete in $ 32.00 $ 70,400.00 place. Remove and replace driveway 6 1,000 SF flow line, complete in place. $ 10.50 $ 10,500.00 Remove and replace driveway, 7 5,200 SF complete in place. $ 9.50 $ 49,400.00 Remove and replace curb inlet 8 0 LF ear or return, complete in place $ $ Remove and Replace Concrete 9 0 SF Pavement, complete in place— 5" $ $ thick Remove and replace concrete 10 0 SF pavement, complete in place—6" $ $ thick k"lIId 1'010 4 2 7 i"l (6 BASE BID—Bond Street Concrete Improvements SECTION I—North Hills Drive ITEM EST. UNIT DESCRIPTION UNIT PRICE EXTENDED NO. QTY. PRICE Remove and replace concrete 11 0 SF pavement, complete in place—7" $ $ thick Remove and replace concrete 12 0 SF pavement, complete in place— 8" $ $ thick Remove and replace standard 13 0 EA curb inlet, complete in place. $ $ Remove and replace standard 14 0 EA curb inlet top, complete in place. $ $ Mobilization Fee 15 1 LS $ 7500.00 $ 7500.00 Misc. Paving Allowance 16 1 LS $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID —BASE BID SECTION I—NORTH HILLS DRIVE: $ 142,800.00 k"lIId 1'010 4 29 i"l (6 BASE BID—Bond Street Concrete Improvements SECTION II—Nor East Drive ITEM EST. UNIT DESCRIPTION UNIT PRICE EXTENDED NO. QTY. PRICE Remove and replace valley 1 600 SF gutter, complete in place. $ 10.50 $ 6,300.00 Remove and replace reinforced 2 200 SF 4"concrete sidewalk, complete $ 8.50 $ 1,700.00 in place. Remove and replace reinforced 3 0 SF 5"concrete sidewalk, complete $ $ in place. Install curb ramp, complete in 4 3 EA place. $ 18.50 $ 5,550.00 Remove and replace concrete 5 1,900 LF curb and gutter,complete in $ 32.00 $ 60,800.00 place. Remove and replace driveway 6 900 SF flow line, complete in place. $ 10.50 $ 9,450.00 Remove and replace driveway, 7 4,700 SF complete in place. $ 9.50 $ 44,650.00 Remove and replace curb inlet 8 0 LF ear or return, complete in place $ $ Remove and Replace Concrete 9 0 SF Pavement, complete in place— 5" $ $ thick Remove and replace concrete 10 0 SF pavement, complete in place—6" $ $ thick k"lIId 1'010 4 2") i"l (6 BASE BID—Bond Street Concrete Improvements SECTION II—Nor East Drive ITEM EST. UNIT DESCRIPTION UNIT PRICE EXTENDED NO. QTY. PRICE Remove and replace concrete 11 0 SF pavement, complete in place—7" $ $ thick Remove and replace concrete 12 0 SF pavement, complete in place— 8" $ $ thick Remove and replace standard 13 0 EA curb inlet, complete in place. $ $ Remove and replace standard 14 0 EA curb inlet top, complete in place. $ $ Mobilization Fee 15 1 LS $ 7,500.00 $ 7,500.00 Misc. Paving Allowance 16 1 LS $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID —BASE BID SECTION II—NOR EAST DRIVE: $ 140,950.00 Total Amount Bid: Base Bid: Section I—North Hills Drive $ 142,850.00 Section II—Nor East Drive $ 140,950.00 $ 283,750.00 (Total Amount Bid, Numerical Value) k"lIId 1'010 4 30 i"l (6 SPECIAI., CONDITIONS 1. OWNER AND CONTRACTOR The Owner and Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the contract documents as if singular in number and masculine in gender. The Project Manager shall be understood to represent the Owner. The duties,responsibilities and limitations of authority of the Project Manager as the Owner's representative during construction are as set forth in the contract documents and shall not be extended or limited without written consent of the Owner. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the character, quality and quantity of the materials, equipment and facilities needed during the prosecution of the work,the general and local conditions,and all other matters which can in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. 2. CONTRACT DOCUMENTS The contract documents shall be those documents identified and set forth in the Construction Agreement. 3. SUB-CONTRACTOR The term Sub-Contractor, as employed herein, shall include any third party having a direct contract or other agreement with the Contractor to perform work or provide services and who performs or provides services according to the plans or specifications of the work,but shall not include one who merely furnishes material. 4. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the Corporation for whom it is intended or if delivered at or sent by regular mail to the last business address known to him who gives the notice. 5. WORK The Contractor is responsible for compliance with local, state,and federal regulations. Contractor to provide and pay for all materials, supplies,machinery, equipment,tools, superintendence,labor, services, insurance, and all water,fuel,transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 6. SITE OBSERVATION BY PROJECT MANAGER/OWNER'S REPRESENTATIVE The Project Manager/Owner's Representative shall make periodic visits to the site to familiarize him or her with the progress of the executed work and to determine if such work meets the requirements of the specifications and contract documents. Any review of work in progress, or any visit or observation during construction by the Project Manager/Owner's Representative is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Project Manager/Owner's representative, whether called to the Contractor's attention or not shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 7. PROGRESS PAYMENTS FOR WORK Public Works shall review Contractor's applications for payment and supporting data,determine the amount owed to the Contractor and approve,in writing,payment to Contractor.Within the following thirty(30)days, OWNER shall make partial payments to the CONTRACTOR for work performed during the preceding calendar month as estimated by the OWNER or OWNER'S Representative. It is understood that the monthly estimates shall be approximate only, and all monthly estimates and partial payments shall be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the OWNER of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the CONTRACTOR of any of its responsibility under the Contract. 8. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements. Likewise,the Contractor shall be solely responsible for the safety of himself,his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person,as a result of his operations hereunder. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. 9. UTILITY CONFLICTS It is the Contractor's responsibility to make arrangements with the owners of such underground facilities k"lIId 1'01 4 air i"l (6 prior to working in the area to confirm the locations and to determine whether any additional facilities may be present. Contractor shall preserve and protect all underground facilities. UNDERGROUND FACILITY OWNER TELEPHONE NUMBER ATMOS 811 ONCOR 811 AT&T 811 City of North Richland Hills Water/Sewer 817.427.6440 Charter Cable 811 10. WATER FOR CONSTRUCTION The CONTRACTOR shall make the necessary arrangements for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling,testing, flushing or jetting. The CONTRACTOR may remit the City a deposit for a fire hydrant water meter; additionally, the CONTRACTOR will be billed for the water used on the construction of this contract and measured by such fire hydrant meter. Additionally, the cost of any temporary pipe line, metering or other equipment which may be necessary to make use of such fire hydrant water meter and water, shall be considered as incidental to the work and payment therefore shall be included in the various bid items of the proposal. If the CONTRACTOR chooses to use such fire hydrant water meter, he/she shall assume full responsibility for it and return it in the same or similar condition as received otherwise the CONTRACTOR will not be returned his/her deposit. 11. TRAFFIC CONTROL The CONTRACTOR shall prosecute his traffic control work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. All traffic control devices used during construction shall meet the standards utilized in the MUTCD. Access to adjacent property shall be maintained at all times unless otherwise approved by the OWNER. 12. PROSECUTION OF CONSTRUCTION The CONTRACTOR will, unless otherwise approved by the Owner, prosecute the construction of this project during normal working hours as defined below: A. Normal Work Day shall mean the normal eight(8)hour working day between the hours of 8:00am and 5:00pm B. Normal Work Week shall mean the forty (40) hour work week encompassing the five (5) eight- hour days, Monday through Friday. C. Holidays to be observed and to be included into the normal work week will be: New Years' Day .................................. January 1st MLK Day.............................................. Third Monday in January Memorial Day ..................................... Last Monday in May Independence Day ............................... July 4th Labor Day ........................................... First Monday in September Thanksgiving Holiday ......................... Fourth Thursday in November and the following Friday Christmas Holiday .............................. December 24th&December 25th If any of the above dates falling on a Sunday shall be observed on the following Monday. D. If the Contractor wishes to work more than thirty minutes per day overtime, approval must be acquired from the Public Works Department 24 hours in advance and the Contractor must agree to pay the City for the inspector's time at the rate of seventy-five dollars ($75.00) per hour. If the Contractor arranges to work on a weekend and for any reason does not or cannot work,he will be responsible for a minimum of two hours pay for the inspector. 13. INSPECTION AND TESTING The CONTRACTOR shall be responsible for paying for all testing and testing related items (acquiring specimens, proper specimen control, etc.) on this Project. During the progress of the work, all materials, equipment and workmanship shall be subjected to such inspections and tests as will assure conformance with the contract requirements. The CONTRACTOR shall furnish at his/her expense all necessary specimens and samples for testing. Sampling and testing of all materials or construction methods shall be performed by a commercial laboratory, approved by the Engineer, and permitted with the City of North Richland Hills' Public Works Department. Concrete Testing Services provided shall include but are not limited to the following: a. Analysis of Aggregates b. Decantation Tests c. Slump and Air Content Tests d. Flexural or Compressive Strength Tests 14. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract; and agrees that whenever the Owner shall inform him in writing that any worker or workers on the work site, in Owner's opinion, are incompetent,unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed on the work without the Owner's written consent. 15. PRELIMINARY APPROVAL The Project Manager shall not have the power to waive the obligations of this contract for the furnishing of good material, or of his performing good work as herein described in full accordance with the plans and specifications. No failure or omission of the Project Manager to discover, object to or condemn defective work or material shall release the Contractor from obligations to fully and properly perform the contract, including without limitations,the obligation to at once tear out,remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material;provided,however,that the Project Manager shall,upon request of the Contractor, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by the Project Manager prior to final acceptance.If found not in accordance with the specifications for said work,all expense of removing, re-examination and replacement shall be borne by the Contractor. 16. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any material brought on the job site for use or selected for use, shall be deemed by the Project Manager as unsuitable or not in conformity with the specifications, the Contractor shall,after receipt of written notice from the Project Manager,remove such material immediately and rebuild or otherwise remedy such work in accordance with the timeline determined by the City so that it shall be in full accordance with this contract. 17. CHANGE ORDERS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the project Manager,to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent(25%) of the original contract amount. The Contractor shall submit a bid in writing to the Project Manager for approval of the work requested. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other that by said Contractor. If the Owner approves the bid for the requested change in work,a change order will be executed. All change orders shall be approved in writing by the North Richland Hills' designated representative prior to work being executed. If the change order results in an increase in the Contract Price that is $50,000 or more, such change order shall require formal approval of the City Council. 18. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Owner shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him. The Contractor shall keep one copy of the same constantly accessible on the work with the latest versions noted thereon. 19. OWNERSHIP OF DRAWINGS All drawings, specifications and copies furnished by the Project Manager shall not be reused on other work with the exception of the signed contract sets,are to be returned to him on request at the completion of work. 20. RIGHT OF ENTRY The Owner reserves the right to enter the property or location on which the work herein contracted for are to be constructed or installed,by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. k)lid 1'01 4 35 i"l (6 21. DISCREPANCIES AND OMISSIONS In the event of any discrepancies between the separate contract documents, the priority of interpretation defined under"Contract Documents" shall govern. In the event there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings,the Project Manager,after consultation with the City Attorney, shall define which is intended to apply to the work. 22. EQUIPMENT AND MATERIALS The Contractor shall be responsible for the care,preservation, and protection of all materials, supplies, machinery, equipment,tools, apparatus, accessories, all means of construction, and any and all parts of the work,whether the Contractor has been paid,partially paid, or not paid for such work until the entire work is completed and accepted. 23. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provision of Federal, State,and Municipal safety laws, building and construction codes. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 24. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, from the action of the elements, from any unforeseen circumstances in the prosecution of the same, from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 25. PROTECTION OF ADJOINING PROPERTY Contractor shall take proper means to protect all adjacent or adjoining properties in any way encountered which might be injured or seriously affected by any process of construction to be undertaken under the Agreement. Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Project Manager against any claim or claims for damages due to the injury to any adjacent or adjoining property arising or growing out of performance of the contact. Any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work, if such damage is caused by Owner or Project Manager. 26. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner effect the contract or the work. If the Contractor observes that the plans and specifications are at variance therewith,he shall promptly notify the Project Manager in writing,and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager,he shall bear all costs arising there from. fond 1'01 4 36 i"l 65 27. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or material required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner,as provided by this Agreement. 28. INDEMNIFICATION/PROTECTION AGAINST CLAIMS The 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 reasonable attorney's fees for injury or death to any person, or iniury 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, , 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. The Contractor shall defend, indemnify and hold harmless the Owner and respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work provided that any such damages, claim,loss, demand, suit, judgment,cost or expense: 1) Is attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible property,including the loss of use and, 2) Is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable. 29. WORKERS COMPENSATION INSURANCE As required by the Texas Workers' Compensation Commission Rule 28, 110.110, the Contractor shall also carry worker's compensation insurance. The Contractor's failure to comply with any of the provisions of this Rule will be considered a material breach of contract by the Contractor. The City will have the right to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the City. The successful Contractor must provide a certificate of coverage to the City prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must file a new certificate of coverage with the City Purchasing Division showing coverage has been extended. The Contractor shall obtain from each sub-contractor providing services on the project a certificate of coverage,prior to that person beginning work on the project. Sub-contractor certificates must also be submitted to the Purchasing Division. 30. WAGE RATES The successful contractor shall be required to comply with Chapter 2258 of the Texas Government Code with respect to the payment of prevailing wage rates. Chapter 2258 states contractors and subcontractors shall not pay less than the prevailing wage rate to all laborers, workmen, and mechanics employed by them in the execution of the contract. Contractors should familiarize themselves with the entire provision of this law and the penalties provided for its violation before submitting their bids. No portion of this provision shall be construed to prohibit the payment of more than the stated wage rate to any laborer, workman or mechanic employed on the project. It shall be the responsibility of the Contractor to maintain an adequate work force whether higher wages are required or not. The State of Texas has adopted the Federal Davis-Bacon wage rates for the use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. The U.S. Department of Labor web site may be accessed at www.access.,g Do.,®ov to obtain the appropriate wage rates to be used in Tarrant County, Texas. It shall be the responsibility of the successful contractor to obtain the proper wage rates for Tarrant County for the type of work defined in the bid specifications. The City will audit the contractor and all sub-contractors employed by contractor to ensure they are paying the prevailing wage rate weekly. Contractor and all sub-contractors must submit certified payrolls on a weekly basis per the Contractor's Application that must be filed prior to bidding. In the event an audit is performed,the contractor shall be required to supply a certified copy of the records showing the prevailing wage rates have been met. 31. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract,unless otherwise herein specifically provided,that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract,the plans and specifications, and within the time of completion designated in the Proposal and each Scope of Work. The Contractor shall submit,at such times as may reasonably be requested by the Project Manager,schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 32. EXTENSION OF TIME Contractor shall give the Project Manager immediate notice in writing of any delay in completion of project. If the Owner decides an extension of time is justified,the Project Manager shall issue a written extension of time for completing the work specifying the date by which the work shall be completed. Such extension shall be sufficient to compensate Contractor for the delay. 33. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE WORK ON TIME The Contractor agrees that, from the compensation otherwise to be paid, the Owner may retain the sum of Two Hundred Twenty-Three Dollars ($223.00) (daily liquidated damages rate) for each calendar day after the agreed Date of Completion that the work remains incomplete. Both parties have had the opportunity to assess the basis upon which the daily liquidated damages rate is based, and such rate is agreed upon as the proper measure of liquidated damages that represents a reasonable and fair estimate of damages which the Owner will sustain per diem by the failure of the Contractor to complete the work at the time stipulated in the contract. This sum is not to be construed in any sense as a penalty. The written acceptance of this calculation,which is separately agreed to by the parties, shall be incorporated into this contract. 34. PRICE OF WORK The Owner agrees to pay the Contractor for furnishing of all necessary labor, equipment and material, and the satisfactory completion of all work, the prices set forth in the Proposal hereto attached, and an amount not exceeding the Contract Price,which has been made a part of this contract. All materials embraced in the completion of this Contract must be in full conformity with the specifications and stipulations herein contained. 35. USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. The Contractor shall notify the Project Manager when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Project Manager, the Contractor shall furnish to the Project Manager in writing a detailed list of unfinished work. The Project Manager will review the Contractor's list of unfinished work and will add thereto such items as the contractor has failed to include. The "substantial completion"of the structure or facility shall not excuse the Contractor from performing all of the work undertaken,whether of a minor or major nature, and thereby completing the structure of facility in accordance with the contract documents. 36. DEFAULT/PAYMENTS WITHHELD Owner may declare Contractor in default of this Contract in the event Contractor fails to comply with the terms and conditions set forth in this Contract or any of the Contract Documents.In addition, the Owner may,on account of subsequently discovered evidence,issue a stop work order,withhold payment, withhold or nullify any certificate to such extent as may be necessary to protect himself from loss, and/or declare Contractor in default on account of any of the following: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payments properly to Sub-Contractors or for material or labor. (4) Damage to another contractor. (5) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (6) Reasonable indication the work will not be completed within contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld,payment shall be made for amounts withheld because of them. 37. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Project Manager within ten (10) days after the Project Manager has given any directions, order or instruction to which the Contractor desires to take exception. The Project Manager shall reply within ten(10)days to such written exceptions by the Contractor and render his final decision in writing. 38. ABANDONMENT BY CONTRACTOR If the Contractor shall fail to commence work within ten(10)calendar days after written notice to commence is served on Contractor or if the Contractor stops work or fails to pursue work in a timely fashion and fails to resume and pursue work in a timely fashion within ten (10) calendar days of a written notice of work stoppage or failure to pursue work in a timely fashion, or if the Contractor fails to comply with orders consistent with the contract documents, the Owner may declare the Contractor in default and the contract abandoned, and direct the surety on the performance bond with a written notice to complete the work. A copy of the notice to the surety shall be served on the Contractor. After receiving the notice of abandonment, the Contractor shall not remove any materials or supplies from the job site. After the contract is declared abandoned,the Owner shall be entitled to pursue any legal remedy and to seek damages for breach of contract from the Contractor and, to the extent that it fails to honor its obligations under the performance bond, from the surety on the bond. 39. DURATION OF AGREEMENT AND PRICE ADJUSTMENTS The successful bidder will be awarded a twelve(12)month agreement effective the date of award. Prices are to remain firm for the twelve (12) month agreement period. At the City's option, the agreement may be renewed for four (4) additional twelve (12) month periods at a price proposed by the contractor. The Contractor shall submit the renewal proposal with price changes and justification to the Purchasing Department at least six. (tom 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 less. Renewal shall be at the sole discretion of the City of North Richland Hills departments utilizing the contract. All areas of non-conformance shall be submitted in writing to the Purchasing Manager and must be corrected within 10 days from date of notification. After three non-conformance complaints the contract may be subject to cancellation. The quantities listed are estimated quantities using the best information available.The City reserves the right to choose the items that will be purchased and to purchase more than or less than the quantities listed. 40. SUBCONTRACTORS Any subcontractor who furnishes labor or materials to fulfill an obligation to Contractor under this Contract or who performs all or part of the work required by this Contract, must comply with all notice and filing requirements of Texas Property Code, Chapter 53 in order to perfect a mechanic's, contractor's or materialman's lien. If a subcontractor complies with Chapter 53 of the Texas Property Code, Owner shall be authorized to withhold payment from the Contractor for payment of the claim. Owner shall release any such payment to the Contractor upon written notice and sufficient documentation to Owner from subcontractor that the claim has been paid or otherwise settled. SPECIFICATIONS A. The Contractor shall provide and pay for all materials, supplies, machinery, equipment,tools,traffic control devices, superintendence, labor, services, insurance, and all water, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents and the specified Scope of Work. All materials shall be new and workmanship shall be of a good quality.The Contractor shall,if required,furnish satisfactory evidence as to the kind and quality of materials. B. Contractor agrees that the City of North Richland Hills Public Works Department has the right to make all final determinations as to whether the work has been satisfactorily completed and meets all specifications. C. Means/Productivity for Concrete Contractors Sidewalk 100 Linear Feet(4 Ft Wide) 1 Day Driveway (Single) 2 Each 1 Day Driveway (Double) 1 Each 1 Day Handicap Ramp 2 Each 1 Day Curb/Gutter 100 Linear Feet 1 Day Concrete Pavement 2,500 Square Feet 1 Day Valley Pan (Half) 1 Each 2 Days Valley Pan (Whole) 1 Each 1 Day Backfill/Wreck Forms 1 Each 1 Day Storm Drain Inlet 1 Each 1 Day Headwall 100 Face Feet 1 Day D. All construction work shall be inspected by the Public Works Department.No Portland concrete shall be placed until an inspection is done by the Public Works Department. If the contractor fails to have the work inspected before the concrete is in place, the contractor shall remove the concrete at the contractor's expense. E. All construction work shall be in accordance with the City of North Richland Hills Public Works Design Manual and the Standard Specifications for Public Works Construction for the North Central Texas (North Central Texas Council of Governments) Design Manual. The contractor shall meet all specifications as outlined by these two manuals. F. Curb and gutter or any other type of concrete repair that is constructed by the Contractor,which pond water more than 1/4-inch in depth shall be removed and replaced at the sole expense of the Contractor, including all labor and materials. At locations where grade (fall) is critical, the Contractor will be allowed (and encouraged) to test the flow of gutter lines with a small amount of water prior to the concrete attaining a final set. Grinding to eliminate ponding will be allowed on a very limited basis. Contractor will not be allowed to use grout or other concrete patch matching material to correct grade breaks or to refinish exposed concrete aggregate. G. Forms shall remain in place a minimum of two days after placing of concrete, however in some instances (such as on inlet tops), forms may be required to remain a minimum of seven days. Once forms are removed, the area surrounding or abutting the new concrete shall be backfilled within 24- hours. w"lIId �oqo 4 � Iw�6:"�Ild qo"�o" �L'��i"�o"o:;�. '��y",d'; �2 ifl t.u„A H. The Contractor shall be responsible for all costs to construct pay items and must furnish their own dump site for waste material removed. L The City of North Richland Hills Street Division will furnish asphalt street repairs. J. The contractor is responsible for all property restoration (yards, street right-of-ways). This includes backfilling, top-soil, grass, mail boxes, irrigation systems, sprinkler heads, sign posts, signs or any other structures located on property or in the street right-of-way. No separate pay for restoration. K. Backfill material and top-soil shall be approved by the Public Works Department. The contractor is responsible for readjustment of sprinkler heads,mailboxes or any landscaping to match new grades at the repair site. L. The yard or street right-of-ways shall be restored to the original condition or better using sod of the same type grass that was removed from that area.All spoil dirt shall be removed from the surrounding area. The new sod shall be laid edge to edge to give full coverage unless property owner request gaps be left between the sod pads. Cut-in edges of pads to match existing ground elevations. The new sod pads shall be laid brick layer staggered fashion to prevent erosion. M. If yard restoration occurs during the non-growing months of November to March,a winter grass such as rye shall be planted to hold the soil. The Contractor shall complete the yard restoration by planting the new sod in the month of April. Working day charges will be stopped when the project is substantially complete, but two percent(2%) of the contract price will be retained until new sodding and yard restoration is complete.If sodding and yard restoration is not completed by April 15,working day charges will be resumed on April 16, and will continue until yard restoration is complete. N. If yard is equipped with an irrigation system, caution should be taken to preserve the system. If a portion of the irrigation system is damaged, it will be the responsibility of the Contractor, as part of the yard restoration,to repair or replace all broken parts and have the owner test the repaired system. No direct payment shall be made for the yard restoration. All irrigation damages,repairs or relocations shall be done by a licensed irrigation company or person.No separate pay for irrigation repair. O. Impervious membrane curing compound shall be applied uniformly to the concrete promptly after the surface water sheen has disappeared. The membrane shall be in one application at a rate of not less than that recommended by the manufacturer. The concrete surface to which membrane curing compound has applied shall be protected from abrasions or damage,which results in perforation of the membrane film during the first seventy-two (72)hours after application. P. No direct payment shall be made for furnishing and applying curing compound. Payment shall be included in the price bid for related items. Q. Contractor shall be responsible for supplying and replacing the barricades and shall conform to the Manual on Uniform Traffic Control Devices(MUTCD). No direct payment shall be made for the supplying and replacing of barricades. Payment shall be included in the unit price bid for related items. R. The Contractor shall repaint curb addresses on the new curb returns, if the addresses were painted on the old driveway curb returns. Paint color and/or size shall match original.No direct payment shall be made for painting curb addresses. S.The contractor shall submit to the Public Works Department an elevation profile for each specific repair location. The elevation profile shall be submitted on standard approved plan sheets and k)lid "0f 4 � �Iw�i�;,,"dud qo^�o^ 1Fl i)gC'Cl ( shall reflect the existing grades and the new proposed grades.All elevation points shall be a maximum of 5 feet apart longitudinal and transverse. A bench-mark shall be established at all locations of repairs. Approval of the elevation profile shall be made prior to the start of repairs. The contractor shall submit to the Public Works Superintendent, an elevation profile for yard restoration or landscaping. The profile may also include any other associated areas in order to make the correct repair. T.All concrete and asphalt adjacent to the repair site will be saw cut as marked by the Public Works Department. Asphalt will be saw cut to create a repair so that once the asphalt is excavated and replaced a match will be made to the new grade of the repair. All pavements will be saw cut to a minimum of 4 inches in depth. The greater the change in grade of the repair,the more saw cutting of the pavement will be required. U. Some repair areas will require the contractor to saw cut the pavement area beyond the actual repair point. This saw cutting will allow the Public Works Department to remove the pavement area and replace to match the new grade of the actual concrete repair point. V. It is the contractor's responsibility to minimize sediment travel onto adjacent property or streets. Erosion control must be in place as shown on the plans or as directed by the Street Supervisor. The erosion control is to be maintained until sod has been established. W. The contractor shall remove all excess spoils from the road. There will be no overnight stock piling of materials either new or spoiled within the Public Rights of Way without prior approval. k)lid "0f 4 � �Iwo�;,,"dud qo^�o^ 1Fl i)gC'Cl ( Explanation of Bid Items ITEM 1: REMOVE AND REPLACE VALLEY GUTTER Saw-cut and remove existing valley gutter and construct new Class A (3,000 psi-28 day)concrete valley gutter to city standards. See detail MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price "per square foot" valley gutter removed and replaced, and shall include all materials, equipment, labor, tools,and incidentals necessary to complete the work,including pavement saw cuts. The payment for curbs on valley gutters to be included in the unit price bid for valley gutters based on the top of curb area in square feet. ITEMS 2- 3: REMOVE AND REPLACE REINFORCED 4" or 5" CONCRETE SIDEWALK Saw-cut and remove existing sidewalk and construct new 4" and 5"thick concrete sidewalk. Reinforced concrete sidewalks, including reinforcing steel, shall be constructed in accordance with City details. Reinforced concrete paving shall be constructed with 3,000 psi Class "A"Portland Cement Concrete. One (1")inch thick layer of cushion sand under the sidewalk is subsidiary to the unit price of the sidewalk. Light broom finish will be required. The Contractor shall be responsible to ensure all sidewalk construction is in accordance with the Americans with Disabilities Act(ADA) and Texas Accessibility Standards (TAS). Any portions of sidewalks which are constructed and do not meet the requirements of ADA and TAS will be required to be removed and replaced at the Contractor's Expense. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price "per square foot" of sidewalk removed and replaced, and shall include all materials, equipment, labor, tools, and incidentals necessary to complete the work, including pavement saw cuts. ITEM 4: CONSTRUCT BARRIER-FREE CURB RAMP Saw-Cut and remove existing curb &gutter and sidewalk as required and construct new concrete barrier-free ramp. Concrete for curb ramps shall be constructed with 3,000 psi Class "A"Portland Cement Concrete with 5 sacks of cement per cubic yard,with a maximum slump of 5 inches. Rebar shall be 43 bars spaced at 18"o.c.e.w. Finished concrete shall have light broom finish. The Contractor shall be responsible to ensure all barrier free ramp construction is in accordance with the Americans with Disabilities Act(ADA) and Texas Accessibility Standards (TAS). Any portions of the barrier free ramp which are constructed and do not meet the requirements of ADA and TAS will be required to be removed and replaced at the Contractor's Expense. When needed, prefabricated truncated dome mats will be used for the detectible warning surface. Pavers are not allowed. MEASUREMENT AND PAYMENT: Payment for this item shall be on a"per-each"basis furnished and installed and shall include all concrete, reinforcement, formwork, truncated domes, monolithic k)lid "of 4 Iwo;,,"dud qo^�o^ 1Fl i)gC'Cl �5 i"l ( curb, labor, materials, and incidentals necessary to complete the work per provided details. Includes saw cuts. ITEM 5: REMOVE AND REPLACE CONCRETE CURB AND GUTTER Where removal cannot be terminated at a joint,a saw cut shall be made at no extra cost to the Owner. Any existing reinforcing steel, extending from the concrete which is not removed into that which is removed, shall be retained for a length of 30 diameters into the new concrete. The CONTRACTOR shall exercise appropriate care not to damage other improvements in the process, and the CONTRACTOR shall be responsible for correction of any such damage caused during the removal process. All material removed shall become the property of the CONTRACTOR and be disposed in accordance with local, state and federal guidelines. Saw-cut and remove existing curb &gutter and construct new Class A (3,000 psi-28 day) concrete curb &gutter. Concrete curb and gutter shall be constructed in accordance with Item 305.1 of the COG Specifications and City Specifications (see Figure 2P)and shall consist of a 6-inch wide by 6- inch tall concrete curb and either 18-inch or 24-inch wide gutter section,to match the existing gutter width. Finished concrete shall have light broom finish. MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per linear foot, as measured along the face of the curb or the gutter line and shall include the cost of saw cutting complete in place and include all removal, haul-off, concrete, reinforcing steel,form work,required joint work,expansion material,approved elastomeric joint seal material,and other incidentals. ITEM 6: REMOVE AND REPLACE DRIVEWAY FLOW LINE Saw-cut and remove existing driveway flow line and construct new Class A (3,000 psi-28 day) concrete driveway flow line. MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per linear foot, as measured along driveway flowline and shall include the cost in place of all saw cutting,removal,haul-off,concrete,reinforcing steel,form work,required joint work, expansion material, approved elastomeric joint seal material, and other incidentals. ITEM 7: REMOVE AND REPLACE DRIVEWAY APPROACH Saw-cut and remove existing driveway approach and construct new Class A (3,000 psi-28 day) concrete driveway approach. Limit of driveway approach is from the street asphalt concrete pavement to the property line. Finished concrete shall have light broom finish. See figure DW-M MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per linear foot, as measured along driveway flowline and shall include the cost in place of all saw cutting,removal,haul-off,concrete,reinforcing steel,form work,required joint work, expansion material, approved elastomeric joint seal material, and other incidentals. k":IId "of c F":i"qC"C: �i"U 6 ITEM 8: REMOVE AND REPLACE INLET EAR Saw-cut and remove existing inlet ear(the curb leading into the box) and construct new Class A (3,000 psi-28 day)concrete inlet ear consistent with MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per linear foot,as measured along the curbline from inlet opening and shall include the cost in place of all saw cutting,removal,haul-off,concrete,reinforcing steel,form work,required joint work, expansion material, approved elastomeric joint seal material, and other incidentals. ITEMS 9 - 12: REMOVE AND REPLACE CONCRETE PAVEMENT 5"—8" INCH THICK Saw-cut and remove existing pavement and construct new Class A (3,600 psi- 28 day) concrete pavement. Finished concrete shall have light broom finish. The finished concrete pavement construction under these specifications is expected to meet certain quality standards for surface of the concrete including the durability,texture, riding surface and appearance. The surface must be durable,firm,dense and well bonded to the aggregate to maintain an appearance and texture that is satisfactory to the Owner. Concrete pavement having a poor surface that has spalled (exposed aggregate) due to poor quality paste, high water-cement ratio, over-vibration, improper curing, extreme weather or any other reason, or does not have a satisfactory riding surface shall be removed and replaced at the Contractor's expense. It is extremely important that the pavement have a good riding surface, free from undulations and rough joints. MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per square foot, complete in place and include all saw cutting, removal, haul-off, concrete, monolithic curb, reinforcing steel, required joint work, expansion material, approved elastomeric joint seal material, and other incidentals. Measurement and payment by the square foot for concrete pavement shall be made to the back of curbs. No separate payment shall be provided for monolithic curb or extra thickness of concrete pavement placed. ITEM 13: REMOVE AND REPLACE STANDARD TEN FOOT CURB INLET Saw-cut and remove existing curb inlet and construct new concrete curb inlet. Storm drain inlets shall be constructed in accordance with Items 502.12 and 702 of the COG Specifications and City Specifications. All inlets shall be cast-in-place. Concrete for inlet shall be Class "A"with a minimum 5 sacks per cubic yard of cement content and a 3,000 psi compressive strength when tested at 28 days. See Figures 16D-1, 16D-2 & 16D-3. MEASUREMENT AND PAYMENT: Payment for Standard Curb Inlets shall be on a "per each" basis and shall include excavation, backfill, form work, concrete, reinforcing steel, ring and lid, and labor to perform the work. Existing curb removal and replacement where applicable is incidental to this bid item. k)lid "of 4 Iwo;,,"dud qo^�o^ 1Fl i)gC'Cl ( ITEM 14: REMOVE AND REPLACE STANDARD TEN FOOT CURB INLET TOP Saw-cut and remove existing curb inlet and construct new Class A (3,000 psi-28 day) concrete curb inlet top. Storm drain inlets shall be constructed in accordance with Items 502.12 and 702 of the COG Specifications and City Specifications. See Figures 16D-1, 16D-2 & 16D-3. MEASUREMENT AND PAYMENT: Payment for Standard Curb Inlet Top shall be on a"per each" basis and shall include excavation, backfill, form work, concrete, reinforcing steel, ring and lid, and labor to perform the work. Existing curb removal and replacement where applicable is incidental to this bid item. ITEM 15: MOBILIZATION FEE One-time fee once a year to mobilize to perform scheduled work. ITEM 16: MISC. PAVING ALLOWANCE The scope of work for this item will be determined in the field during the course of construction. This item is provided to cover the cost of miscellaneous adjustments and other work ordered by the OWNER, Inspector or Engineer but not included in any other Bid Schedule Item. A maximum allowance is indicated in the Bid Schedule for each of these items. MEASUREMENT AND PAYMENT: There will not be a measurement for this item. CONTRACTOR shall furnish all invoices and other documentation required by OWNER in order to determine the "actual field cost"of miscellaneous work covered under these items. Miscellaneous Allowance Items will be paid for based on the "actual field cost"of the work provided plus fifteen percent(15%). The fifteen percent(15%) of the "actual field cost"to be paid to the CONTRACTOR shall cover and compensate him/her for his/her profit, overhead, and all other elements of cost and expense not embraced within the "actual field cost"or covered elsewhere by these specifications. k)lid "of 4 Iwo;,,"dud qo^�o^ 1Fl i)gC'Cl ( R.O.W. Op Ld C3 U O dp z Ld 0 2 Ld uj cno w MO Z V) 0 0 z 0 < -j 0 cn EL a. 0 < V)< PO x Imin I La < ui X k"i uwi L LLJ �q L, <05� Yv , 0 0 O M1.1- `-t - \\ � Z< M1330 C> td En 0 Ld F- -i LLJ -j C, < % LO 0 F- Fl)0.=2 LO M LLI F---3 F-: Li X LO ):) 0 Lu 0' V) �F- 0 < 8 0< M m 2 M V) -Z If)- Ld Ld z I Ld % L4 F-: LL M< En Lu x X Lwu Fr LLJ 'n C.DMW z W0 PEE 00 Ld to V) V) 0 0 IL -j It V) EL ®VON ZOOO F F-U) Ld IL 0-j Owu C.)F-04 ul M Ld 2 0 - I Z Ld F- Cl) FLL")0 0 XLLI LO, o (iA zn 0 - b MC) OF-0 XZ=)X z w�ZE ui CO Ld z 0 < 0 cn '00 OLLILLI LLJ x(f)m 4i cl cn L) w 0 Mn < <0 mcf)<x m CD Z-j z C) Z 0 an 0 EV) 0 cli V) zz a_ 7 0 0 0 K)x LLI 0 Ld W — m w Cn < z -C, M 0 F F:0 - Cn F- 7" V)� -1—Z z -------- D OU Ld m.0 0 ------ 0 go -------- r L-j, M n LL, V) La M <<z 0 -,60 0!3< T m W ,W<V m u 0 Lu w0d, 00 JZ<01 0 W,, w !sz Od <OV<w =�uj m a- >-Wa-6 W.LMUMOO—wo Lu C, L-MO 0 W, Elc,!3�zj -2% MM 0 'Om -0- OLJ<�!< 6mW <mu ww=IZO -,To< CL DF=OQF--C m < <Zd Zoo m 0 Lu D V) now C14 n'ZZZ 0<9;,LrUvFmC)o lt'rp..:3 z L)U<04 <a. 0 W x -si '0 <L) mm c-)m g In En 0<z C3 z JW <mU Ldw LLi cn ;c m m Ow c z �Sn .. .,)V)L)LC,C3 a UO <z < m WWWO a-,L 0 P 00 z < M CL A W 0 O-j 0 z M,MO ELY L) 0 Lu -Lm j I XM V)Zn cn —mp RESIDENTIAL STREETS b z! go j W >-WW=j REINFORCED CONCRETE PAVEMENT Om < < UWE NORTH 2 0=1N 0 Lu RICHLAND X 0 0 :3 m W m;-c mu 10 2w CHi:sf5<OLL of z HILLS WaLn..a.00 0 z C4 R 11-02-2009 FIGURE 2P �kmld "0 nxl 111-omic'nAc Fllol)IC�Cl Fllng P) ifl (6 -40 Im z XNN En z o P1 tl j ;z Ingig rm .a \ COLLECTOR STREETS ^ REINFORCED CONCRETE PAVEMENT N*RTH RICHLAND p.a.� m R 5-19-2010 HILLS FIGURE4P "pc q w,"A -40 Im z XNN En z o P1 tl j ;z Ingig rm .a \ COLLECTOR STREETS ^ REINFORCED CONCRETE PAVEMENT N*RTH RICHLAND p.a.� m R 5-19-2010 HILLS FIGURE4P wpc,c a tl w,,A� 201 MIN. RADIUS TO FACE OF CURB USUAL (SEE PLAN—PROFILE) BACK OF CURB CLASS "C" CONCRETE 2'-6" OVERALL _—,— SEE NOTE FOR METHOD (TYPICAL) I OF PAYMENT CURB INTEGRAL STAN ARD CB. N CURB INTEGRAL WITH VALLEY & GU WITH VALLEY I 8'-0' MIN. ACROSS SIDE STREETS 10'-0" MIN. ACROSS THRU SIREETS —H.M.AC. SURFACE ACTUALADIMENSIFONS)FOR 5O'-0" 10"-0" MIN. (SEE BEGIN NORMAL PLAN—PROFILE FOR CROWN ACTUAL DIMENSIONS) NOTE: PAYMENT FOR CONCRETE 1/2"' PREMOLDED EXP. JT. 'VALLEY WILL BE BY THE SO. FT. MATERIAL AT ENDS OF CURB INTEGRAL CURB & GUTTER WILL RETURNS (TYPICAL) BE PAID FOR BY L.F. OF CURB & GUTTER OF SIZE AS SHOWN. PLAID NOT TO SCALE REINF. #3 BARS 0 18" O.C.E.W., INCLUDED IN BID PRICE PER SO. FT. 1 1/2" OR AS DIRECTED BY OF CONIC. VALLEY PAVEM ENT AS THE OWNER'S PROJECT SPECIFIED ON REPRESENTATIVE. ADJACENT STREET 8'-0" MIN, FOR SIDE STREETS 10 O MIN. FOR THROUGH STREETS PREPARED OR —LOWER PART OF PAVEMENT STABILIZED UNDER VALLEY WHEN PAVEMENT SUBGRADE THICKNESS EXCEEDS 6". SECTION PAYMENT INCLUDED IN BID NOT TO SCALE PRICE OF CONIC. VALLEY. NOTE: CONCRETE SHALL BE CLASS "C 3600 CROWN TRANSnON PSI COMPRESSIVE STRENGTH AT 28 DAYS, FOR CONCRETE VALLEY INSTANCE FROM CROWN 4„OF VALLEY 6" 7" e" 0' 0.000' 0.000' 0.000" 5' 0.167' 0.167' 0.16r 10' 0.29# M296 0.29W CONCRETE VALLEY DETAILS 20' 0.445' 0.445' 0.466 30" 0.500' 0.540' 0.500' NORTH 40' 0.500, 0.583' 0.53V 7'y /� 'F }��,T7� 50' 0.500" 0.563' 0:667a' RICHa,r�Nb HILLS R 07-01-2009 FIGURE 9P REMOVE 3 PANELS OF EXISTING SIDEWALK. CURB RAMP LANDING AREA, MAX SLOPE 2% IN ALL DIRECTIONS 5% MAX 5 4, (TYP) Ii A y y FLANGEISLOPE y y y W y y W W y y y10% MAXW W W W W W W W W 1' W `. W y W EXISTING SIDEWALKEXISTING CURB CURB RAMP SURFACEy y (SEE NOTE 3) y L-►A 3' MIN PLAN N.T.S. #3 BARS CONNECTION 18" O.C.E.W. CURB RAMP SURFACE TO SIDEWALK (SEE NOTE 3) NOTE: 1" CUSHION 4" 1. All SIDEWALKS AND CURB RAMPS SHALL SAND BE CONSTRUCTED OF CLASS "A" CONCRETE SECTION A-A WITH 5 SACKS OF CEMENT/C.Y., MAXIMUM SLUMP OF 5 INCHES, AND A 3000 PSI N.T.S. COMPRESSIVE STRENGTH AT 28 DAYS. 2. CURB RAMP SURFACE COLOR SHALL BE BRICK RED. 3. CURB RAMP SURFACE SHALL COMPLY WITH CURRENT REQUIREMENTS OF TEXAS ACCESSIBILITY STANDARDS AND AMERICANS WITH DISABILITY ACT(ADA). SURFACES CURB RAMP DETAIL II MUST BE APPROVED BY THE PUBLIC WORKS DEPARTMENT PRIOR TO CONSTRUCTING THE CURB NORTH 4. CURB RAMPS MUST COMPLY WITH ALL RICHLAND REQUIREMENTS OF TEXAS ACCESSIBILITY HILLS STANDARDS SECTION 4.7. R 07-01-2009 FIGURE 1OP-2 k"11id "on 4l 1Iw�6:" icn'Ao" 5) i"l o5 w w w w w w 6n W _6nr w w w w D" SIDEWALK w PARKWAY; W, W' 2% MAX w w w � W w W w �r W w w 41j W w CURB RAMP LANDING w w w AREA, MAX SLOPE 2% w IN ALL DIRECTIONS `� W w "W ti w h HEIGHT CURB y (O" TO 6") P`k a w CURB RAMP. SURFACE w 4*MA%' 7/�r (SEE NOTE: 3) W W w W W w w W W W W W w w w W W W W W W W W W W W W w W W W w w W w w w CURB & GUTTER PLAN #3 BARS 0 WtS. CONNECTION 18" O.C.E.W. CURB RAMP SURFACE TO SIDEWALK (SEE NOTE 3) NOTES: 1. ALL SIDEWALKS AND CURB RAMPS SHALL -1-2 BE CONSTRUCTED OF CLASS "A" CONCRETE NTH 5 SACKS, OF CEMENT/C.Y., MAXIMUM 4" SLUMP OF 5 INCHES, AND A 3000 PSII 1" CUSHION COMPRESSIVE STRENGTH AT 28 DAYS. SAND 2. CURB RAMP SURFACE COLOR SHALL BE SECTION A"" ,A BRICK RED. N.T.S. 3. CURB RAMP SURFACE SHALL COMPLY WITH CURRENT REQUIREMENTS OF TEXAS ACCESSIBILITY STANDARDS AND AMERICANS CURB RAMIE DETAIL III NTH DISABILITY ACT (ADA). SURFACES MUST BE APPROVED BY THE PUBLIC WORKS DEPARTMENT PRIOR TO CONSTRUCTING THE NO]OItTII CURB RAMP. ICHLAND 4. CURB MUST COMPLY 'WITH ALL REQUIREMENTSP OF TEXAS ACCESSIBILITY :MILLS STANDARDS SECTION 4.7. R 07-01-2009 FIGURE 1OP-3 k"IIId "onxl I1womi nAc 1Fllol)IC'Cl 1 c 5I in o s—6" (am) W W 4" Dn w w W SIDEWALK W W W VARIES W w w w w w W W w 2X MAX w w w � w w W W W W W x W W W � W W g W w w Wf W W W W W W -�. A W W 3°...4" W MIN, w w 4" MAX (TYP) CURB RAMP SURFACE (SEE. NOTE 3) p CURB do GUTTER #!3 BARS 0 PLAN TONS DEW 18" O.C.E.W. CURB BNO E 3)URFACE N.T.S. NOTES: �� 1. ALL SIDEWALKS AND CURB RAMPS SHALL BE CONSTRUCTED OF CLASS "A" CONCRETE 4" NTH 5 SACKS OF CEMENT;/C.Y." MAXIMUM 1" CUSHIO SLUMP OF 5 INCHES, AND A 3000 PSI SAND COMPRESSIVE STRENGTH AT 28 DAYS, 2. CURB RAMP SURFACE COLOR SHALL BE SECTION A-A BRICK RED. N.T.S. 3, CURB RAMP SURFACE SHALL COMPLY WITH CURRENT REQUIREMENTS OF TEXAS ACCESSIBILITY STANDARDS AND AMERICANS (� RAMIE' DETAIL IV WITH DISABILITY ACT (ADA). SURFACES MUST BE APPROVED BY THE PUBLIC WORKS DEPARTMENT PRIOR TO CONSTRUCTING THE N� �H CURB RAMP, 4. CURB RAMPS MUST COMPLY WTH ALL KICHLAHD REQUIREMENTS OF TEXAS ACCESSIBILITY HILL STANDARDS SECTION 4.7. R 07-01-2009 FIGURE NIP-4 4'-0" SIDEWALK VARIES rr 2% MAX ZIP STRIP SILICON SEALANT BETWEEN SIDEWALK AND BACK OF CURB CURB RAMP SURF ACE (SEE NOTE 3) cr x TAPER CURB TO MATCH ELEVATION 3r 5% MAX OF CURB RAMP bt (Tm) cn CURB RAMP LANDING AREA, 6! MAX SLOPE 2% IN ALL DIRECTIONS CURB & GUTTER PLAN N.T.S. CURB RAMP SURFACE #3 BARS 0 (SEE NOTE 3) NOTE: 1. ALL SIDEWALKS AND CURB RAMPS SHALL BE CONSTRUCTED OF CLASS "A" CONCRETE WITH 5 SACKS OF CEMENT/C.Y., MAXIMUM SLUMP OF 5 INCHES, AND A 3000 PSI COMPRESSIVE 1' CUSHION 4- STRENGTH AT 28 DAYS. SAND 2. CURB RAMP SURFACE COLOR SHALL BE BRICK RED. SECTION A—A N.T.S. 3. CURB RAMP SURFACE SHALL COMPLY WITH CURRENT REQUIREMENTS OF TEXAS ACCESSIBILITY STANDARDS AND AMERICANS URB DETAIL WITH DISABILITY ACT (ADA). SURFACES MUST C RAMP WI V BE APPROVED BY THE PUBLIC WORKS DEPARTMENT PRIOR TO CONSTRUCTING THE CURB RAMP, NORTH 4. CURB RAMPS MUST COMPLY WITH ALL RICHLAND REQUIREMENTS OF TEXAS ACCESSIBILITY HILLS STANDARDS SECTION 4.7. R 07-01-2009 FIGURE 1OP-5 �kmld "o nxl 111-omic'nAc Fllol) C�Cl n ;c 5 v in 65 2% MAX SIDEWALK VARIABLE HEIGHT CURB (0°" TO 6") 111 TAPER CURB CURB RAMP' "�� TO MATCH SURFACE (SEE RAMP NOTE 3) ELEVATION (TYP.) CURB RAMP LANDING AREA, MAX SLOPE 2% IN 'Q ALL DIRECTIONS 59 MAX I/ cli cC 2IP STRIP SILICONE _SEALANT BETWEEN CURB & SIDEWALK AND GUTTER BACK OF CURB (TYP.) PLAN � BARS�� N.T.S. VARIABLE, #3 BARSW. HEIGHT CURB NOTES: If. ALL 'SIDEWALKS AND CURB RAMPS SHALL " BE CONSTRUCTED OF CLASS "A" CONCRETE WITH 5 SACKS OF CEMENT,AC.Y., MAXIMUM SLUMP OF 5 INCHES, AND A 3000 P" !1' USHION 4GROOVED SURFACCOMPRESSIVE STRENGTH AT 2& DAYS. D (SEE NOTE:. 3) 2, C RED, ERRAMP SURFACE COLOR SHALL BE BRICK SECTION N A A 3. CURB RAMP SURFACE SHALL COMPLY N.T.S. WITH CURRENT REQUIREMENTS OF TEXAS ACCESSIBILITY STANDARDS AND AMERICANS WITH DISABILITY ACT (ADA). SURFACES CURB RAMP DETAIL VI MUST BE APPROVED BY THE PUBLIC WORKS DEPARTMENT PRIOR TO CONSTRUCTING THE CURB RAMP. NORTH 4. CURB RAMP MUST COMPLY WITH ALL RICHL A D REQUIREMENTS OF TEXAS ACCESSIBILITY STANDARDS SECTION 4.7. HILLS R 07-01-2009 FIGURE 1OP-6 kmId "on Il Ilwol:mld,nAc]L'llol) d"Cl n 5 7 in o 12'-0" MIN. 1/2" REDWOOD EXP. JOINTS (USUAL) IN CONC. (T NP.) , s°.,. -3�" 3„ R.O.W. 10 StT t1DEWALTS m (WHEN:RFQ.D) JQINYED a 0 U� �I TOOLED EDGE � T STD. CURB T- T— I & GUTTTER cr r, j B"j 12 FLARE ROUT AND SEAL DOWEL INTO J (T}P,) WITH GRAY SILICON EXISTING CURB ,P HORIZONTAL CURB CUT TYP. (DO NOT DISTURB EXISTING NOTE:, EXISTING CURB MALL NOT BE GUTTER FLOWLINE) TRANSITIONAL CURB CUT CUT UNTIL DRIVEWAY IS FORMED. A 4' SHALL HAVE A RUN OF 1B„ BUFFER OF INTACT SOIL BEHIND THE PLAN AND SHALL RISE FROM 1' BACK OF CURB SHALL BE PRESERVED ABOVE THE GUTTER FLOWLINE UNTIL THE CURB IS SAWCUT. GUTTER TO MEET THE EXISTING TOP FLOWLINE OF CURB. 1,. 5.. 12° 12'-0" MIN. DRIVE Ilf" APPROACH (USUAL) EXISTING CURB & 18" TRANSITIONAL GUTTER (TYP.) CURB CUT (TYP.) SAWCUT (DETAIL CURB T CUT (10NAL CURB GUT (TYP„) 'RECONST. TO THE, 10'-0" (USUAL) LIMITS NECESSARY PARKWAY WIDTH TO MATCH EXIST. 4'-0" B'-O, (USUAL 24' SAWCUT 3/4"' TO 1"' ABOVE THE SIDEWALK /-GUTTER FLOWLINE. NOTE I SECTION (SLOPE 1 4" FT "DESIGN GRADE FOR A MAX. OF 18% BREAKOVER BETWEEN GRADES 15` APART. MAXIMUM 5" ALGEBRAIC GRADE DIFFERENCE #3 BARS 0 `= IS 12%AT A GIVEN BREAK 18" O:C.E.W. R.O,.W. I" SAND 5"12" POINT. LINE CUSHION EXIST. PAVEMENT TOP OF CO NC. HERE INCREASE TO EXIST. DRIVEWAY IS 1 1/2' ABOVE B'" GUTTER GUTTER' TOP OF CURB SECTION NOTES: 1. A HORIZONTAL CURB CUT IS REQUIRED FOR ALL DRIVE APPROACHES ONTO EXISTING STREETS. THE CURB CUT SHALL BE 3/4" TO 1" ABOVE THE GUTTER FLOWLINE. 2. ALL EXPOSED EDGES SHALL BE GROUND TO A 1/4" RADIUS. RESIDENTIAL DRIVE DETAILS 3. MINIMUM THICKNESS OF DRIVEWAY IS 5", USE 3000 PSI COMPRESSIVE STRENGTH WITH 5' 4. CONCRETE TO BE POUR DCRETE WITHIN 48 HOURSXIMUM FROM THEMP.11ME NORTH THE CURB IS SAWCUT. RICHL�iND 5. PARKWAY, SIDEWALK, AND DRIVEWAY SIDEWALK. 'SECTION WILL ALL HAVE A 1/4' PER FOOT SLOPE DOWN IN THE DIRECTION OF HILLS THE TOP OF CURB. 8. SEE FIGURE 4P FOR EXPANSION JOINT DETAIL, IR 07-01-2009 FIGURE 11P-1 12'-0" MIN, 1/2" REDWOOD EXP. JOINTS (US UAL) � �{I 1M CONC. (TYP.) I I R.O.W. r u' �3�FJlwRS w�'1� n SIDEWALK (W IET1 RE1"D) TOOLED � JOIh3T 6 I ch S B/C W 4 u 2�-#3 BARS EACH STD, CURB q( P m CURB RADIUS GUTTER dX 1/2" EXP. JT v,' T- p (TYPICAL) 3• ROUT AND SAL DOWEL INTO 1P' WITH GRAY SILICON NG CURB " �w LIMITS OF HORIZONTAL CURB CUT (DO NOT D15TURS THE EXISTING GUTTER FLOWLINE) VERTICALLY LI—DOWEL INTO EXISTING CURB PLAN (TYP.) NOTE: EXISTING CURB SHALL NOT BE *11 ONST. TO TH 10'-0" USUAL CUT UNTIL DRIVEWAY IS FORMED. A 4' LIMITS NECESSAR PARKWAY WIDTH BUFFER OF INTACT SOIL BEHIND THE TO MATCH EXIST. 4"_p" 6'-0" USUAL 24"' BACK OF CURB SHALL BE PRESERVED SIDEWALK UNTIL THE CURB IS SAWCUT. I SECTION SAWCUT 3/4 SLOP, " TO 1" ABOVE THE I PE 1 4 T GUTTER FLOM-INE. ... "DESIGN GRADE FOR A MAX. OF 18$ BREAKOVER BETWEEN GRADES 5" '-,` ''. 15' APART, MAXIMUM ALGEBRAIC GRADE DIFFERENCE IS 12X AT A R.O.W. 1" SAND 5 12• GIVEN BREAK POINT. LINE CUSHION EXIST. PAVEMENT TOP OF CONC. HERE INCREASE TO EXIST'. DRIVEWAY IS 1 1/2" ABOVE 6" 0 GUTTER' GUTTER TOP OF CURB SECTION NMI 1. A HORIZONTAL CURB CUT IS REQUIRED FOR ALL DROVE APPROACHES ONTO EXISTING STREETS. THE EXISTING CURB CUT SHALL BE 3/4" TO 1" 4'-0'" USUAL ABOVE THE GUTTER FLOWLINE.. 2. ALL EXPOSED EDGES SHALL BE GROUND TO A TOOLED SLOPE 1/4" PER FT. TOOLED 1/4" RADIUS. EDGE IN! DIRECTION OF CB. EDGE 3. MINIMUM THICKNESS OF DRIVEWAY IS 5"" USE 3000 PSI COMPRESSIVE STRENGTH CONCRETE WITH 5" MAXIMUM SLUMP. 4, CONCRETE TO BE POURED WITHIN 48 HOURS FROM THE TIME THE CURB do GUTTER IS SAWCUT, 5. PARKWAY, SIDEWALK, AND DRIVEWAY SIDEWALK 4* SECTION WILL ALL HAVE A 1/4" PER FOOT SLOPE �13 BARS 18"' O.C. DOWN IN THE DIRECTION OF THE TOP OF CURB. LONGITUDINALLY 1" SAND CUSHION 6. SEE FIGURE 4P FOR EXPANSION JOINT DETAIL. #3 BARS 0 18- O.C. RESIDENTIAL DRIVE DETAILS TRANSVERSELY DETAIL NORTH STANDARD SIDEWALK RICHLAND HILLS R 07-01-2009 FIGURE 11P-2 1/2" REDWOOD JOINTS EXP. IN CONC. (TYP.) USUAL MIN. 21'-0" BACK—BACK STD. SIDEWALK 20—d FACE—FACE (WHEN REO'D.) 1.-6" R.O.W. LINE STD. CB. & ° _k �w GUTTER ti 1'-6" ROUT AND SEAL USUAL 24" 1/2" EXP. JT. SAWCUT GUTTER do CB. 2—#3 BARS EA. FULL DEPTH CURB RADIUS 1/2" EXP. JT. NOTE. IF GUTTER IS CRACKED, DRIVEWAY PLAN AND GUTTER MUST BE POURED MONOLITHICALLY. *CONST. TO THE 10"—O" USUAL'( LIMI NE5 AL PA KWAY WIDTH TO MATCH EXIST. 4'_ " 6'-0" USUAL " SIDEWALK USUAL SAWCUT & FORM 3/4" RISE AT I SECTIONEOGE OF EXIST. GUTTER. TOOL ISL.OPE 1 4" T EDGE FRESH RUSH JT WHILE CONC. 6" *DESIGN GRADE FOR A MAX. OF 18% BREAKOVER BETWEEN R.G.W. 1" SAND 6:. GRADES 15' APART. LINE CUSHION EXIST. PAVEMENT TOP OF CONIC. HERE EXIST. DRIVEWAY TOP OF2CURBO SECTION VE GUTTER NOTES: 1. MINIMUM THICKNESS OF DRIVEWAY 4"-0" USUAL IS 6". USE 3000 PSI COMPRESSIVE STRENGTH CONCRETE WITH 5," TOOLED SLOPE 1/4" PER FT. TOOLED MAXIMUM SLUMP. EDGE IN DIRECTION OF CB. EDGE 2. CONCRETE TO BE POURED WITHIN 72 HOURS FROM THE TIME ` THE CURB do GUTTER IS SAWCUT. -� .. 3. PARKWAY, SIDEWALK, AND DRIVEWAY SIDEWALK 'SECTION WILL ALL HAVE A 1/4" PER FOOT SLOPE DOWN, IN THE DIRECTION OF THE TOP OF CURB. #3 BARS 0 16" O.C. 1" SAND CUSHION 4. SEE FIGURE 4P FOR EXPANSION LONGITUDINALLY JOINT (DETAIL. #3 BARS m 18" O.C. TRANSVERSELY DETAIL COMMERCIAL DR''IVE DETAILS STANDARD SIDEWALK N*R.'TH RICHLAND HILLS R 07-01-2009 FIGURE 12P (USU12'-O AL)MIN. R'.4.W. stpFa Auk' 4 , 0 s OFN ANY(PER ¢ tY 1 MITE OF DRIVEWAY QUAN.TM Driveway w(Radius(Traditional) Area-sf Radius 5 10 15 20, 25 30 12 13421 169.31 222.72 295.88 364.02 435.16 14 15421 189.31 242.72 315.88 384.02 455,16 16 17421 209.31 262.72 335.88 404.02 47516 18 194.21 22931 28272 35588 42'4.02 495.16 20 214.21 24931 302.72 375.88 444.02 515,16 22 234.21 269.31 322.72 395.88 464.02 535.16 24 254.21 289,31 342.72 415.88 484 02 555.16 26 27421 309,31 362.72 435.88 504.02 575,16 28 29421 32931 382-72 455-88 52402 59516 30 314.21 349,31 402.72 475.88 544.02 615.16 35 36421 39931 452-72 525-88 59402 66516 92`-p'MR4. (U UAL) R.O.W. Driveway wf Flares 1h"S9[R a+ Area(so 12 13625 14 156,25 16 176,25 18 19625 s 20 21625 22 236.25 24 256.25 26 27625 28 29625 � ITs OF DRIVEWAY QUANTITY 30 31625 12'FLARE-" 36625 (Y'.) (omid "ofc ( 111-I;ylicn,(o" toll i"l 65 wpc a tl u�,,:���6I�)11v,''„ V REDWOOD EXPANSION JOINTS SIDEWALKS SHALL BE MARKED AT SHALL BE PLACED AT 40' INTERVALS INTERVALS EQUAL TO THE WIDTH OF AND AT ALL INTERSECTIONS WITH THE WALK WITH A MARKING TOOL. OTHER CONCRETE. IR.O.W. DR[VEWAY, URB CURB SIDEWALK f DRIVEWAY CONNECTION STREET SECTION SIDEWALK SECTION COLD APPLIED " CHAFFER JOINT SEALANT .r SLOPE 1/4" PER FT. IN DIRECTION OF rp. T = SIDEWALK, THICKNESS W. Ff 1" 'SAND 5' 8" SCARIFIED AND �I. RECOMPACTED SUBGRADE TO PROJECT SPECIFICATIONS SIDEWALK LUG (NO SEPARATE PAY ITEM) 8" MIN. PENETRA-nON I"I #4 DEFORMED DOWEL SIDEWALK LUG DETAIL BARS AT 18" C/C 1, PARKWAY, SIDEWALK, AND DRIVEWAY S...TANDA D SIDEWALK DETAI'', SIDEWALK SECTION WILL ALL HAVE A 1/'4'' PER FOOT SLOPE DOWN IN THE DIRECTION OF THE TOP OF CURB. 2., SIDEWALK PERMITTED AT BACK OF CURB WITH 4'--0" USUAL PRIOR AUTHORIZATION ONLY. 3. ALL EXPOSED EDGES SHALL BE GROUND TO A TOOLED SLOPE 1/4" PER FT. TOOLED Jj" WS 4. USE 3000 PSI COMPRESSIVE STRENGTH EDGE IN DIRECTION OF CB. EDGE CONCRETE WITH 5' MAXIMUM SLUMP. 5. SIDEWALK SHALL BE BRUSHED TRANSVERSELY TO OBTAIN A SMOOTH UNIFORM BRUSH FINISH. 4-" TYP. SMEWALKS LONGITUDINALLY �3 BARS 018"' O.C. 1" SAND CUSHION NORTH #3 BARS 0 18" O.C. TRANSVERSELY RICHLAND HILLS R' 02-01-2012 FIGURE 11P-3 k"IIId "°onxl I1w�11:"Illd,nAc]Lllol)�C"Cl Fllng Q I"l 65 U W N m W n N �z � Oa Vaal U N v � I �y W \ o�U �U W ` o m60 mp4�_ K K\ I N < mm, v0 c n iya m 1 $m X . 0 I I N o \Wm 1 m \ 2 _ 1 N N a r m m pmo O m > z II S2 F F b I N w �b r < J o Ul m w m �_ =W Ima I z Z Z in �g I I V-4' I � 0 m l lI> Q - - II <r 0 mm� R 5' >13 NOTE: 1.LOCATION OF MANHOLE LIDS TO STANDARD CURB INLET BE LOCATED ON EACH SIDE OF TRANSVERSE BEAM. 2.TOPS AND THROATS MUST BE NORTH ONE POUR. 3.ONE MANHOLE LID I REQUIRED RICHLAND FOR EVERY 10'OF INLET. 4.W INLETS NEED 2 BEAMS HILLS OVER,3 LIDS REQUIRED. R 07-01-20o9 FIGURE 16D-1 kmld "onxl I1w�11:mld,nAc L'llol) d"Cl 'llng tub i"l 65 TRANSV. BEAM (TO BE USED ON 15' & 20' INLETS ONLY) SLOPE 1/4"/FT. 2'-6" BARS C U 6" m 2" 2" 2"R. BAR D 6"ce. BARS B ® •° + �77 4"GUTIER DEPRESSION 7 1/2" C-C BARS F ® a tO 7 1/2- C-C a o BARE 2" \ 2. 2„ _E m 00 2' 2c—c aBARS D BARS N 0 BARS A BARS C ®C 2'C-C _. 7 1/2" WIDTH•� 2" 7 1/2" C-C / C- MIN.,5'MAX.) PERMISSABLE CONST. (3' JOINTS-KEYED BARS C 2" 3.5" 7 1/2" C-C BARS C BARS G ® 7 1/2" C-C SECTION "B-B" N.T.S. GUTTER POINT TO REMAIN ON THIS LINE AND CONSTANT AT 2" ATTACH 24" STAINLESS 6" 2 6" OPENING MIN. STEEL CHAIN WITH / ANCHOR BOLT. — — CONSTRUCTION o OINT (OPTIONAL w PHASE LINES) a 0 SECTION "A-A" NOTES: N.T.S. 1. ALL CONCRETE SHALL BE 3000 P.S.I. COMPRESSIVE STRENGTH CONCRETE AT 28 DAYS. 2.REINFORCING BARS SHALL BE STANDARD,BILLET STEEL DEFORMED REINFORCING BARS OF A DIAMETER AND LENGTH AS SHOWN. I CHAMFER ALL EXPOSED CORNERS 3/4"EXCEPT WHERE OTHERWISE NOTED. 4.DIMENSIONS RELATING TO REINF.STEEL ARE TO CENTERS OF BARS. 5.FIELD CUT&BEND BARS AS NECESSARY TO ACCOMMODATE STORM SEWER PIPE STANDARD CURB INLET 6.CAST IRON CASTINGS SHALL CONFORM TO T.H.D.ITEM 471. 7.RING AND COVER SHALL BE PROVIDED AND INSTALLED BY B.DURING STAGE II CONTACTORCONSTRUCTION, INLETS WILL NOT BE CONSTRUCTED NfRTH ABOVE SUBGRADE ELEVATION. RICHLAND 9.A TEMPORARY WOOD COVER SHALL BE INSTALLED AFTER STAGE 1 IS COMPLETED AND WILL REMAIN IN PLACE UNTIL STAGE 2 HILLS IS BEGUN. 10,INLET TOPS TO BE INSTALLED AFTER PAVING IS COMPLETE. 11. THROATS AND TOPS MUST BE ONE POUR. R 07-01-2009 FIGURE 16D-2 k"11ld "on 4l Ilw�ll)Ills nAc n�, rt to in 65 n z _ � �3/8.. �a \ zO W 0 n �a \ r �W a cn as M V)O Q U C N U vi C N NLL-Z �-; N 0< z � J U LLJ � Q Z z N(n;z 2 z W VI Om Q Ul fn z �\ �W �m m OR C) Z O+ + � Vf V1 O a. C) VI + Q z + Q z i m 3 � �1 m J J Q u ( e w d` mm 10 N m LL- \ in in vl I I D_' F vl + vi Q z m z Q m z � m .y M ocT. + W � N in Q (9 a o Q Q ji a F STANDARD CURB INLET fo Q Z m Z m Z NORTH o m 0 RICHLAND HILLS R 07-01-2009 FIGURE 16D-3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2022-866646 Apex Concrete Construction Inc. Keller,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 03/30/2022 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. RFP 21-011 Bond Street Concrete Improvements Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) ----T—Controlling Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION Puffy name is =4AfA-01 and my date of birth is V My address is //0Z (street) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. on � Executed in C� the da County, State of y of 20—L�.— (month) (year) Signature of authorized agent ofcon cting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Consider award of a construction contract to R&D Burns Brothers, Inc. for utility reconstruction work on five residential streets designated as bond projects in the amount of$1,727,955.00. PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: Consider award of a construction contract with R&D Burns Brothers, Inc. for the utility reconstruction work on five residential streets designated as bond projects in the amount of$1,727,955 for the Meadow Oak Drive (ST2114), Pearl Street (ST2115), Southampton Drive (ST2116), Stonybrooke Drive (ST2119) and Dawn Drive (ST2210) projects. GENERAL DESCRIPTION: The 2020 Street Bond program includes reconstruction funding for both major and residential streets as identified by the 2020 Capital Programs Advisory Committee (CPAC) and approved by City Council in early 2020. The major roadway reconstruction projects will be designed by engineering consultants and bid out as turn-key construction projects. The residential reconstructions, however, will be managed by Public Works personnel in a manner similar to that of a general contractor. In year one (FY2020/2021) city forces handled the utility reconstruction in-house for the first two residential streets, and began working on the year two residential streets in late 2021. Unfortunately, current staffing levels will not allow for continued in-house performance of the utility component. Therefore, City staff released a bid for utility contractor services to handle reconstruction of the existing water and sanitary sewer mains located beneath the roadway pavement on the remaining year two and some of the year three residential street bond projects prior to any paving work taking place. The bid award under consideration is for the utility work needed on three "Year 2" residential projects: Meadow Oak Drive, Pearl Street, and Southampton Drive. Two "Year 3" projects are also included in this effort: Stonybrooke Drive and Dawn Drive. Notice of the City's intent to bid was advertised in local newspapers, as required by state statute, and posted on the City's website. Bid specifications were viewed on the City's website by multiple entities. The project received three bids, which were opened during the March 11, 2022 bid opening. The bids are provided below: IrLp NOKTH KICHLAN HILLS CONTRACTOR NAME BASE BID Excel 4 Construction, Inc. $ 1,738,485.00 Atkins Brothers $ 6,928,150.00 R&D Burns Brothers Inc. $ 1,727,955.00 City staff recommends awarding the contract to the lowest bidder: R&D Burns Brothers, Inc. R&D Burns Brothers, Inc. has performed work in the city in the past on residential street reconstruction as a utility subcontractor to a larger general or paving contractor. In addition to a favorable history in NRH, local municipal references have nothing but positive things to say about this company's job performance. Construction is anticipated to begin in May / June 2022, with the paving work to follow in early summer. RECOMMENDATION: Approve a construction contract with R&D Burns Brothers, Inc., for utility reconstruction work on five residential streets designated as bond projects in the amount of $1,727,955.00, for the Meadow Oak Drive, Pearl Street, Southampton Drive, Stonybrooke Drive and Dawn Drive bond projects. CONS"FRUCTION AGREEMENT FOR BOND STREET UTILITY SERVICES FOR MEADOW OAK DRIVE, PEARL STREET, SOUTHAMPTON DRIVE, STONYBROOKE DRIVE AND DAWN DRIVE CITY OF NORTH RICHLAND HILLS AND R&D BURNS BROTHERS, INC. THIS CONSTRUCTION AGREEMENT ("Contract") is made and entered by and between R&D BURNS BROTHERS,INC., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City" or"Owner"), to be effective upon the date executed by the City. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: L CONTRACT DOCUMENTS The parties agree that the Contract Documents shall consist of the following: 1. This signed Construction Agreement; 2. Any and all Addendum(s); 3. "Notice to Bidders" advertisement; 4. The Contractor's Bid Proposal 5. Special Instruction to Bidders; 6. General Conditions of Bid#22-015; 7. Special Conditions of Bid#22-015; 8. The Specifications of Bid#22-015; 9. The Plans/Drawings of Bid#22-015; 10. Payment Bond; 11. Performance Bond; and 12. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. II. THE WORKS Contractor shall provide all labor, supervision, materials and equipment necessary to perform all work required by the contract documents in connection with the construction of Bond Street Utilities for Meadow Oak Drive, Pearl Street, and Southampton Drive �II3ord itp"ee uJti�it�iV,� 1 of 6 ("work"), through Bid#22-015 in accordance with a Scope of Work in the form of Exhibit "A," for each service provided under this Contract. Each Scope of Work shall be incorporated herein and governed by the terms and conditions of this contract. III. TIME OF COMMENCEMENT; COMPLETION Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed for a work order. The Term of this Contract shall be for 12 months. The City shall have the option to renew this Contract for four (4) additional 12 month periods in accordance with Section 39 of the Special Conditions. The Date of Completion for the work shall be set forth in the Scope of Work for each service provided under this Contract. IV. CONTRACT PRICE The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, a total amount not to exceed ONE MILLION SEVEN HUNDRED TWENTY-SEVEN THOUSAND NINE HUNDRED FIFTY-FIVE AND 00/100 DOLLARS (1,727,955.00) ("Contract Price"). payment will be due upon completion of work and acceptance of the work by the City. Within the following thirty (30) days, Owner shall make partial payments to the Contractor for work performed during the preceding calendar month as estimated by the Owner or Owner's Representative. Ten percent(10%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts less than four hundred thousand dollars ($ 400,000.00)in total Contract Price.Five percent(5%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts equal to or greater than four hundred thousand dollars ($ 400,000.00) in total Contract Price. Upon completion and acceptance of all work in compliance with the Contract,the Owner shall, within thirty (30) days, pay the Contractor the balance due under the terms and conditions of the Contract. V. CHOICE OF LAW; VENUE The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between [3ord II�,'_I,p"ee uJ ti�it�V the parties, the parties shall be entitled to reasonable attorney's fees that are necessary, equitable and just,in accordance with applicable law, and as awarded by a court of competent jurisdiction. VI. INSURANCE The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of Bid#22-015, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. VIL TERMINATION A) Either parry may terminate this Contract at any time for cause or convenience by providing ninety (90) days' written notice to the other parry. Upon the receipt of such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract.Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. B)Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. VIIL FORCE MAJEURE Neither parry shall be liable for failure to perform its obligations under this Contract if the performance is delayed or prevented by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. Such party's performance shall be excused for the length of time the force majeure event lasts, provided that party makes a reasonable attempt to resume performance upon conclusion of the force majeure event, unless such performance has become legally impossible, in which case that party may terminate the Contract. IX. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with Owner information that may be confidential by law, rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of or access to, any confidential information by Contractor is a material breach of this Agreement. If Contractor violates this provision, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. X. RIGHT TO AUDIT During the term of this Contract, and at any time within three(3)years following the expiration of this Contract, the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Contract, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. XI. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: If to Contractor: City of North Richland Hills ABC Contractor, Inc. Attn: Mark Hindman, City Manager Attn: John Doe 4301 City Point Drive Address 1 North Richland Hills, Texas 76102 Address 2 Email: mhindman@nrhtx.com Email: Phone: (817)427-6004 Phone: 817-000-0000 With copy to the City Attorney at the same address. �II3ord itp"ee uJ ti�it�iV,� :����age ,,!l of 6 XIL DISPUTE RESOLUTION Except in the event of termination pursuant to Section VII(B) of this Contract, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Contract,the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice,both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of,or in connection with this Agreement. If the parties fail to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses,including attorney's fees; however,the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order in injunction where such relief is necessary to protect is interests. XIIL ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. �II3ord itree UJt'Hiti�iV,� 5 of 6 XIV. EFFECTIVE DATE This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. IN WITNESS WHEREOF,the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS R&D BURNS BROTHERS, INC. BY: BY: Mark Hindman, City Manager DATE: DATE: ATTEST: ATTEST: TITLE: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action Y/N Date Approved Agenda No. Ord /Res No. Maleshia B. McGinnis, City Attorney �II3or'd itree UJt'ibiti�iV, Ilu'„ull""� �'H'��� ���� �u���� n�^ :�����,�!'�I����'V�'�� ����.`��u of 6 EXHIBIT"A" Section I - Meadow Oak Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 1 0 EA Adjust Fire Hydrant to Grade $ $ 2 0 EA Adjust Existing Water Line $ $ 3 0 EA Remove Fire Hydrant $ $ 4 0 EA Adjust Water Valve to Grade $ $ 5 0 EA Adjust Irrigation Control Valve to $ $ Grade 6 0 EA Adjust Water Meter Box to $ $ Grade 7 0 EA Remove Water Valve $ $ 8 0 EA Fire Hydrant Assembly $ $ 9 0 LF Trench Safety for Water Lines $ $ 10 0 LF 12-inch AWWA C900 PVC DR $ $ 18 (Class 150) Water Line 11 0 LF 10-inch AWWA C900 PVC DR $ $ 18 (Class 150) Water Line 12 0 LF 8-inch AWWA C900 PVC DR 18 $ $ (Class 150) Water Line 13 0 LF 6-inch AWWA C900 PVC DR 18 $ $ (Class 150) Water Line 14 0 EA 1-inch Water Service Line $ $ 15 0 EA 1" Single Water Service (short) $ $ Bond Street Utility Improvements Page 1 of 21 111 - Bid Proposal EXHIBIT"A" Section I - Meadow Oak Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 16 0 EA 1" Single Water Service (long) $ $ 17 0 EA 1" Double Water Service (short) $ $ 18 0 EA 1" Double Water Service (long) $ $ 19 0 EA Relocate Existing Water Meter $ $ 20 0 EA Relocate Existing Backflow $ $ Preventer 21 0 EA Connect to Existing 6-inch $ $ Water Line 22 0 EA Connect to Existing Vault $ $ 23 0 EA 6-inch Gate Valve $ $ 24 0 EA 8-inch Gate Valve $ $ 25 0 EA 10-inch Gate Valve $ $ 26 0 EA 12-inch Gate Valve $ $ 27 0 LF Concrete Encasement $ $ 28 1,380 LF Trench Safety for Sanitary $ 1.00 $ 1,380.00 Sewer Lines 29 0 LF 18-inch SDR 35 PVC Sanitary $ $ Sewer 30 180 LF 8-inch SDR 35 PVC Sanitary $ 87.00 $ 15,660.00 Sewer Bond Street Utility Improvements Page 2 of 21 111 - Bid Proposal EXHIBIT"A" Section I - Meadow Oak Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 31 0 LF 8-inch SDR 26 PVC Sanitary $ $ Sewer 32 1,200 LF 6-inch SDR 35 PVC Sanitary $ 82.00 $ 98,400.00 Sewer 33 0 LF 6-inch SDR 26 PVC Sanitary $ $ Sewer 34 0 LF 12-inch SDR 35 PVC Sanitary $ $ Sewer 35 0 LF 18-inch SDR 35 PVC Sanitary $ $ Sewer 36 0 EA Connect To Existing Sanitary $ $ Sewer Manhole 37 6 EA 4-foot Diameter Sanitary Sewer $ 5,800.00 $ 34,800.00 Manhole 38 24 VF Extra Depth for 4-foot Sanitary $ 250.00 $ 6,000.00 Sewer Manhole 39 0 EA 5-foot Diameter Sanitary Sewer $ $ Manhole 40 0 VF Extra Depth for 5-foot Sanitary $ $ Sewer Manhole 41 28 EA 4" Sanitary Sewer Service $ 1,250.00 $ 35,000.00 42 0 LF Concrete Encasement $ $ 43 1,380 LF Pre-Construction Television $ 5.00 $ 6,900.00 Inspection 44 1,380 LF Post-Construction Television $ 5.00 $ 6,900.00 Inspection 45 0 LF Remove Existing Sanitary $ $ Sewer Line Bond Street Utility Improvements Page 3 of 21 111 - Bid Proposal EXHIBIT"A" Section I - Meadow Oak Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 46 3 EA Remove Existing Sanitary $ 750.00 $ 2,250.00 Sewer Line Manhole 47 0 EA Adjust Existing Sanitary Sewer $ $ Manhole to Grade 48 6,000 SF Asphalt Pavement Repair $ 11.00 $ 66,000.00 49 1 LS Miscellaneous Utility Allowance $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID — BASE BID SECTION I — MEADOW OAK DRIVE: $ 278,290.00 Bond Street Utility Improvements Page 4 of 21 111 - Bid Proposal EXHIBIT"A" Section II - Pearl Street ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 1 0 EA Adjust Fire Hydrant to Grade $ - $ - 2 0 EA Adjust Existing Water Line $ - $ - 3 2 EA Remove Fire Hydrant $ 500.00 $ 1,000.00 4 6 EA Adjust Water Valve to Grade $ 150.00 $ 900.00 5 0 EA Adjust Irrigation Control Valve to $ - $ - Grade 6 11 EA Adjust Water Meter Box to $ 100.00 $ 1,100.00 Grade 7 0 EA Remove Water Valve $ - $ - 8 2 EA Fire Hydrant Assembly $ 6,500.00 $ 13,000.00 9 0 LF Trench Safety for Water Lines $ - $ - 10 160 LF 12-inch AWWA C900 PVC DR $ 115.00 $ 18,400.00 18 (Class 150) Water Line 11 0 LF 10-inch AWWA C900 PVC DR $ - $ - 18 (Class 150) Water Line 12 0 LF 8-inch AWWA C900 PVC DR 18 $ - $ - (Class 150) Water Line 13 700 LF 6-inch AWWA C900 PVC DR 18 $ 75.00 $ 52,500.00 (Class 150) Water Line 14 300 EA 1-inch Water Service Line $ 10.00 $ 3,000.00 15 0 EA 1" Single Water Service (short) $ - $ - Bond Street Utility Improvements Page 5 of 21 III - Bid Proposal EXHIBIT"A" Section II - Pearl Street ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 16 0 EA 1" Single Water Service (long) $ - $ - 17 4 EA 1" Double Water Service (short) $ 1,300.00 $ 5,200.00 18 7 EA 1" Double Water Service (long) $ 1,525.00 $ 10,675.00 19 0 EA Relocate Existing Water Meter $ - $ - 20 0 EA Relocate Existing Backflow $ _ $ _ Preventer 21 4 EA Connect to Existing 6-inch $ 1,500.00 $ 6,000.00 Water Line 22 0 EA Connect to Existing Vault $ - $ - 23 5 EA 6-inch Gate Valve $ 1,400.00 $ 7,000.00 24 0 EA 8-inch Gate Valve $ - $ - 25 0 EA 10-inch Gate Valve $ - $ - 26 1 EA 12-inch Gate Valve $ 3,200.00 $ 3,200.00 27 0 LF Concrete Encasement $ - $ - 28 1,120 LF Trench Safety for Sanitary $ 1.00 $ 1,120.00 Sewer Lines 29 0 LF 18-inch SDR 35 PVC Sanitary $ _ $ _ Sewer 30 0 LF 8-inch SDR 35 PVC Sanitary $ _ $ _ Sewer Bond Street Utility Improvements Page 6 of 21 III - Bid Proposal EXHIBIT"A" Section II - Pearl Street ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 31 0 LF 8-inch SDR 26 PVC Sanitary $ _ $ _ Sewer 32 1,120 LF 6-inch SDR 35 PVC Sanitary $ 82.00 $ 91,840.00 Sewer 33 0 LF 6-inch SDR 26 PVC Sanitary $ _ $ _ Sewer 34 0 LF 12-inch SDR 35 PVC Sanitary $ _ $ _ Sewer 35 0 LF 18-inch SDR 35 PVC Sanitary $ _ $ _ Sewer 36 0 EA Connect To Existing Sanitary $ _ $ _ Sewer Manhole 37 3 EA 4-foot Diameter Sanitary Sewer $ 5,800.00 $ 17,400.00 Manhole 38 0 VF Extra Depth for 4-foot Sanitary $ _ $ _ Sewer Manhole 39 0 EA 5-foot Diameter Sanitary Sewer $ _ $ _ Manhole 40 0 VF Extra Depth for 5-foot Sanitary $ _ $ _ Sewer Manhole 41 19 EA 4" Sanitary Sewer Service $ 1,250.00 $ 23,750.00 42 0 LF Concrete Encasement $ - $ - 43 1,120 LF Pre-Construction Television $ 5.00 $ 5,600.00 Inspection 44 1,120 LF Post-Construction Television $ 5.00 $ 5,600.00 Inspection 45 0 LF Remove Existing Sanitary $ _ $ _ Sewer Line Bond Street Utility Improvements Page 7 of 21 III - Bid Proposal EXHIBIT"A" Section II - Pearl Street ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 46 3 EA Remove Existing Sanitary $ 750.00 $ 2,250.00 Sewer Line Manhole 47 0 EA Adjust Existing Sanitary Sewer $ - $ - Manhole to Grade 48 7,500 SF Asphalt Pavement Repair $ 11.00 $ 82,500.00 49 1 LS Miscellaneous Utility Allowance $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID — BASE BID SECTION II — PEARL STREET: $ 357,035.00 Bond Street Utility Improvements Page 8 of 21 III - Bid Proposal EXHIBIT "A" Section III - Southampton Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 1 0 EA Adjust Fire Hydrant to Grade $ - $ - 2 0 EA Adjust Existing Water Line $ - $ - 3 2 EA Remove Fire Hydrant $ 500.00 $ 1,000.00 4 5 EA Adjust Water Valve to Grade $ 150.00 $ 750.00 5 0 EA Adjust Irrigation Control Valve to $ _ $ _ Grade 6 21 EA Adjust Water Meter Box to $ 75.00 $ 1,575.00 Grade 7 0 EA Remove Water Valve $ - $ - 8 0 EA Fire Hydrant Assembly $ - $ - 9 0 LF Trench Safety for Water Lines $ - $ - 10 0 LF 12-inch AWWA C900 PVC DR $ _ $ _ 18 (Class 150) Water Line 11 0 LF 10-inch AWWA C900 PVC DR $ _ $ 18 (Class 150) Water Line 12 0 LF 8-inch AWWA C900 PVC DR 18 $ _ $ _ (Class 150) Water Line 13 1,700 LF 6-inch AWWA C900 PVC DR 18 $ 75.00 $ 127,500.00 (Class 150) Water Line 14 500 EA 1-inch Water Service Line $ 10.00 $ 5,000.00 15 0 EA 1" Single Water Service (short) $ - $ - Bond Street Utility Improvements Page 9 of 21 111 - Bid Proposal EXHIBIT "A" Section III - Southampton Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 16 0 EA 1" Single Water Service (long) $ - $ - 17 11 EA 1" Double Water Service (short) $ 1,300.00 $ 14,300.00 18 10 EA 1" Double Water Service (long) $ 1,525.00 $ 15,250.00 19 0 EA Relocate Existing Water Meter $ - $ - 20 0 EA Relocate Existing Backflow $ - $ - Preventer 21 3 EA Connect to Existing 6-inch $ 1,500.00 $ 4,500.00 Water Line 22 0 EA Connect to Existing Vault $ - $ - 23 5 EA 6-inch Gate Valve $ 1,400.00 $ 7,000.00 24 0 EA 8-inch Gate Valve $ - $ - 25 0 EA 10-inch Gate Valve $ - $ - 26 0 EA 12-inch Gate Valve $ - $ - 27 0 LF Concrete Encasement $ - $ - 28 1,800 LF Trench Safety for Sanitary $ 1.00 $ 1,800.00 Sewer Lines 29 0 LF 18-inch SDR 35 PVC Sanitary $ - $ - Sewer 30 1,200 LF 8-inch SDR 35 PVC Sanitary $ 87.00 $ 104,400.00 Sewer Bond Street Utility Improvements Page 10 of 21 111 - Bid Proposal EXHIBIT "A" Section III - Southampton Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 31 0 LF 8-inch SDR 26 PVC Sanitary $ - $ - Sewer 32 600 LF 6-inch SDR 35 PVC Sanitary $ 82.00 $ 49,200.00 Sewer 33 0 LF 6-inch SDR 26 PVC Sanitary $ - $ - Sewer 34 0 LF 12-inch SDR 35 PVC Sanitary $ - $ - Sewer 35 0 LF 18-inch SDR 35 PVC Sanitary $ - $ - Sewer 36 0 EA Connect To Existing Sanitary $ - $ - Sewer Manhole 37 3 EA 4-foot Diameter Sanitary Sewer $ 5,800.00 $ 17,400.00 Manhole 38 6 VF Extra Depth for 4-foot Sanitary $ 250.00 $ 1,500.00 Sewer Manhole 39 0 EA 5-foot Diameter Sanitary Sewer $ - $ - Manhole 40 0 VF Extra Depth for 5-foot Sanitary $ - $ - Sewer Manhole 41 38 EA 4" Sanitary Sewer Service $ 1,250.00 $ 47,500.00 42 0 LF Concrete Encasement $ - $ - 43 1,800 LF Pre-Construction Television $ 5.00 $ 9,000.00 Inspection 44 1,800 LF Post-Construction Television $ 5.00 $ 9,000.00 Inspection 45 0 LF Remove Existing Sanitary $ - $ - Sewer Line Bond Street Utility Improvements Page 11 of 21 111 - Bid Proposal EXHIBIT "A" Section III - Southampton Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 46 3 EA Remove Existing Sanitary $ 750.00 $ 2,250.00 Sewer Line Manhole 47 0 EA Adjust Existing Sanitary Sewer $ - $ - Manhole to Grade 48 8,000 SF Asphalt Pavement Repair $ 11.00 $ 88,000.00 49 1 LS Miscellaneous Utility Allowance $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID — BASE BID SECTION III — SOUTHAMPTON DRIVE: $ 511,925.00 Bond Street Utility Improvements Page 12 of 21 111 - Bid Proposal EXHIBIT "A" Section IV- Stonybrooke Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 1 0 EA Adjust Fire Hydrant to Grade $ - $ - 2 0 EA Adjust Existing Water Line $ - $ - 3 0 EA Remove Fire Hydrant $ - $ - 4 0 EA Adjust Water Valve to Grade $ - $ - 5 0 EA Adjust Irrigation Control Valve to $ _ $ Grade 6 0 EA Adjust Water Meter Box to $ _ $ _ Grade 7 0 EA Remove Water Valve $ - $ - 8 0 EA Fire Hydrant Assembly $ - $ - 9 0 LF Trench Safety for Water Lines $ - $ - 10 0 LF 12-inch AWWA C900 PVC DR $ _ $ _ 18 (Class 150) Water Line 11 0 LF 10-inch AWWA C900 PVC DR $ _ $ 18 (Class 150) Water Line 12 0 LF 8-inch AWWA C900 PVC DR 18 $ _ $ _ (Class 150) Water Line 13 0 LF 6-inch AWWA C900 PVC DR 18 $ _ $ (Class 150) Water Line 14 0 EA 1-inch Water Service Line $ - $ - 15 0 EA 1" Single Water Service (short) $ - $ - Bond Street Utility Improvements I I I - Bid Proposal Page 13 of 21 EXHIBIT "A" Section IV- Stonybrooke Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 16 0 EA 1" Single Water Service (long) $ - $ - 17 0 EA 1" Double Water Service (short) $ - $ - 18 0 EA 1" Double Water Service (long) $ - $ - 19 0 EA Relocate Existing Water Meter $ - $ - 20 0 EA Relocate Existing Backflow $ _ $ Preventer 21 0 EA Connect to Existing 6-inch $ _ $ _ Water Line 22 0 EA Connect to Existing Vault $ - $ - 23 0 EA 6-inch Gate Valve $ - $ - 24 0 EA 8-inch Gate Valve $ - $ - 25 0 EA 10-inch Gate Valve $ - $ - 26 0 EA 12-inch Gate Valve $ - $ - 27 0 LF Concrete Encasement $ - $ - 28 130 LF Trench Safety for Sanitary $ 1.00 $ 130.00 Sewer Lines 29 0 LF 18-inch SDR 35 PVC Sanitary $ _ $ Sewer 30 0 LF 8-inch SDR 35 PVC Sanitary $ _ $ Sewer Bond Street Utility Improvements I I I - Bid Proposal Page 14 of 21 EXHIBIT "A" Section IV- Stonybrooke Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 31 0 LF 8-inch SDR 26 PVC Sanitary $ _ $ _ Sewer 32 90 LF 6-inch SDR 35 PVC Sanitary $ 85.00 $ 7,650.00 Sewer 33 0 LF 6-inch SDR 26 PVC Sanitary $ _ $ _ Sewer 34 40 LF 12-inch SDR 35 PVC Sanitary $ 125.00 $ 5,000.00 Sewer 35 0 LF 18-inch SDR 35 PVC Sanitary $ _ $ _ Sewer 36 1 EA Connect To Existing Sanitary $ 1,500.00 $ 1,500.00 Sewer Manhole 37 1 EA 4-foot Diameter Sanitary Sewer $ 7,500.00 $ 7,500.00 Manhole 38 5 VF Extra Depth for 4-foot Sanitary $ 300.00 $ 1,500.00 Sewer Manhole 39 0 EA 5-foot Diameter Sanitary Sewer $ _ $ _ Manhole 40 0 VF Extra Depth for 5-foot Sanitary $ _ $ _ Sewer Manhole 41 0 EA 4" Sanitary Sewer Service $ - $ - 42 0 LF Concrete Encasement $ - $ - 43 130 LF Pre-Construction Television $ 10.00 $ 1,300.00 Inspection 44 130 LF Post-Construction Television $ 10.00 $ 1,300.00 Inspection 45 0 LF Remove Existing Sanitary $ _ $ _ Sewer Line Bond Street Utility Improvements I I I - Bid Proposal Page 15 of 21 EXHIBIT "A" Section IV- Stonybrooke Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 46 0 EA Remove Existing Sanitary $ _ $ Sewer Line Manhole 47 0 EA Adjust Existing Sanitary Sewer $ _ $ Manhole to Grade 48 600 SF Asphalt Pavement Repair $ 15.00 $ 9,000.00 49 1 LS Miscellaneous Utility Allowance $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID — BASE BID SECTION IV— STONYBROOKE DRIVE: $ 39,880.00 Bond Street Utility Improvements I I I - Bid Proposal Page 16 of 21 EXHIBIT "A" Section V- Dawn Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 1 0 EA Adjust Fire Hydrant to Grade $ - $ - 2 0 EA Adjust Existing Water Line $ - $ - 3 1 EA Remove Fire Hydrant $ 500.00 $ 500.00 4 6 EA Adjust Water Valve to Grade $ 150.00 $ 900.00 5 0 EA Adjust Irrigation Control Valve to $ - $ - Grade 6 4 EA Adjust Water Meter Box to $ 75.00 $ 300.00 Grade 7 0 EA Remove Water Valve $ - $ - 8 1 EA Fire Hydrant Assembly $ 6,500.00 $ 6,500.00 9 0 LF Trench Safety for Water Lines $ - $ - 10 0 LF 12-inch AWWA C900 PVC DR $ - $ - 18 (Class 150) Water Line 11 800 LF 10-inch AWWA C900 PVC DR $ 105.00 $ 84,000.00 18 (Class 150) Water Line 12 0 LF 8-inch AWWA C900 PVC DR 18 $ - $ - (Class 150) Water Line 13 2,025 LF 6-inch AWWA C900 PVC DR 18 $ 75.00 $ 151,875.00 (Class 150) Water Line 14 200 EA 1-inch Water Service Line $ 10.00 $ 2,000.00 15 0 EA 1" Single Water Service (short) $ - $ - Bond Street Utility Improvements Page 17 of 21 111 - Bid Proposal EXHIBIT "A" Section V- Dawn Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 16 0 EA 1" Single Water Service (long) $ - $ - 17 0 EA 1" Double Water Service (short) $ - $ - 18 4 EA 1" Double Water Service (long) $ 1,525.00 $ 6,100.00 19 0 EA Relocate Existing Water Meter $ - $ - 20 0 EA Relocate Existing Backflow $ - $ - Preventer 21 4 EA Connect to Existing 6-inch $ 1,500.00 $ 6,000.00 Water Line 22 0 EA Connect to Existing Vault $ - $ - 23 4 EA 6-inch Gate Valve $ 1,400.00 $ 5,600.00 24 0 EA 8-inch Gate Valve $ - $ - 25 2 EA 10-inch Gate Valve $ 3,000.00 $ 6,000.00 26 0 EA 12-inch Gate Valve $ - $ - 27 0 LF Concrete Encasement $ - $ - 28 800 LF Trench Safety for Sanitary $ 1.00 $ 800.00 Sewer Lines 29 0 LF 18-inch SDR 35 PVC Sanitary $ - $ - Sewer 30 500 LF 8-inch SDR 35 PVC Sanitary $ 90.00 $ 45,000.00 Sewer Bond Street Utility Improvements Page 18 of 21 111 - Bid Proposal EXHIBIT "A" Section V- Dawn Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 31 0 LF 8-inch SDR 26 PVC Sanitary $ - $ - Sewer 32 0 LF 6-inch SDR 35 PVC Sanitary $ - $ - Sewer 33 0 LF 6-inch SDR 26 PVC Sanitary $ - $ - Sewer 34 0 LF 12-inch SDR 35 PVC Sanitary $ - $ - Sewer 35 300 LF 18-inch SDR 35 PVC Sanitary $ 160.00 $ 48,000.00 Sewer 36 0 EA Connect To Existing Sanitary $ - $ - Sewer Manhole 37 5 EA 4-foot Diameter Sanitary Sewer $ 6,000.00 $ 30,000.00 Manhole 38 3 VF Extra Depth for 4-foot Sanitary $ 250.00 $ 750.00 Sewer Manhole 39 0 EA 5-foot Diameter Sanitary Sewer $ - $ - Manhole 40 0 VF Extra Depth for 5-foot Sanitary $ - $ - Sewer Manhole 41 7 EA 4" Sanitary Sewer Service $ 1,250.00 $ 8,750.00 42 0 LF Concrete Encasement $ - $ - 43 800 LF Pre-Construction Television $ 5.00 $ 4,000.00 Inspection 44 800 LF Post-Construction Television $ 5.00 $ 4,000.00 Inspection 45 0 LF Remove Existing Sanitary $ - $ - Sewer Line Bond Street Utility Improvements Page 19 of 21 111 - Bid Proposal EXHIBIT "A" Section V- Dawn Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 46 5 EA Remove Existing Sanitary $ 750.00 $ 3,750.00 Sewer Line Manhole 47 0 EA Adjust Existing Sanitary Sewer $ - $ - Manhole to Grade 48 11,000 SF Asphalt Pavement Repair $ 11.00 $ 121,000.00 49 1 LS Miscellaneous Utility Allowance $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID — BASE BID SECTION V— DAWN DRIVE: $ 540,825.00 Bond Street Utility Improvements Page 20 of 21 111 - Bid Proposal EXHIBIT "A" BASE BID - Bond Street Utility Improvements Total Amount Bid: Base Bid Section I - Meadow Oak Drive $ 278,290.00 Section II - Pearl Street $ 357,035.00 Section III - Southampton Drive $ 511,925.00 Section IV- Stonybrooke Drive $ 39,880.00 Section V- Dawn Drive $ 540,825.00 $ 1,727,955.00 (Total Amount Bid, Numerical Value) Bond Street Utility Improvements Page 21 of 21 III - Bid Proposal NORTH KICHLAND H I L I. S Iq R*q TTHti CITY OF CHOICE PURCHASING DEPARTMENT REQUEST FOR. BID 22-01 S Bond. Street Utility Improvements BIDS DUE FRIDAY, MARCH 11, 2022 BY 2:00 P.M. Contents INVITATION TO BID............................................. GENERAL CONDITIONS ...................... MINIMUM INSURANCE REQUIREMENTS............... .............. NON-COLLUSION AFFIDAVIT OF BIDDER............... ........... BID CERTIFICATION .................. .................. COMPLIANCE WITH HOUSE BILL 1295.................................. FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY.............................. CONFLICT OF INTEREST QUESTIONNAIRE................. CONTRACT CHANGES GRID ............................................................ CONFIDENTIALITY OF PROPRIETARY INFORMATION CONSTRUCTION AGREEMENT...................................................................................Section II BIDPROPOSAL...................................................... .................................................. Section III SPECIAL CONDITIONS................... SPECIFICATIONS........... .............................................................................Section IV .................................................. ................. Section V Bond Street Utility Improvements ! — Bid Documents 1 - 2 INVITATION TO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 22-015 ➢ Bid Type. REQUEST FORBID ➢ Bid Name:BOND STREET UTILITY IMPROVEMENTS ➢ Bid Due Date. Friday,March 11, 2022 ➢ Bid Due Time. 2:00 P.M. Central Standard Time ➢ Deadline for questions: Date: Friday, March 04, 2022 Time: 12:00 P,M. Central Standard Time DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: www.ptiblicl.)urchase.com No oral explanation in .regards to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addcndums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid oil Public Purchase before submitting a response. All bid responses mast be turned in complete from cover page to the Iast page of the bid — pages in order, 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. Bond Street Utility Improvements 1 - 3 I — Bid Documents GENERAL CONDITIONS In submitting this bid, the Bidder understands and agrees to be bound by the following tenns 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 2:00 P.M. Friday March 11.,2022. 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/PROPOSALSIQUOTES 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 BIDSIPROPOSALS/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. REJECTIONIDISQUALIFICATION 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; 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. Bond Street Utility Improvements I 4 1 -- Bid Documents 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, 252.443). 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 duality 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; t} 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. b. 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 alone", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until i after the award has been made by the City Council. Requests for this information must be submitted In writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations 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 Bond Street Utility Improvements I 5 1— Bid Documents 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. Bond Street Utility Improvements 1 - 6 1— Bid Documents 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. TERMINATIONINON 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 hest 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 faits 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 frill 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 Bond Street Utility Improvements 1 - 7 1 — Bid Documents application when the negligent act of City is the sole cause of the resultant injury, death,or damage,unmixed with the legal fault of another person or entity.Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit,including self-insurance. 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred(100)percent of the total contract price;if the total contract amount exceeds$50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100)percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or fiirnishing any equipment in the execution of the contract. it is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the.Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 24. 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 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic forin in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session., and in accordance with Chapter 2270 of the Texas Government Code,vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. [,/ Yes,we agree [ ]No,we do not agree Bond Street Utility Improvements 1 - 8 I --- Bid Documents 23. COMPLIANCE WITR 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 Linder Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS ,AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment-The City of North Richland Hills'Internal Ethics and Compliance Policy has been made available to me. I understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. ht/ f s://www.i rhtx.com/DocumentCenter/View/389/Code-o Ethics---PDF?bidtd [;/] I agree [ ] I do not agree 25. DEPARTMENT OF TRANSPORTATION (TXDOT)RELATED SIDS "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 Rill 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 frill extent of the exposures. 26. UNIT PRICE CONTRACT The contract for this project is a "Unit Price" Contract. As such,the City of North Richland Hills reserves the right to add and/or delete quantities to specific pay items. The City of North Richland Hills may further delete an entire unit price pay item if the City of North Richland Hills desires. The City of North Richland Hills reserves the right to increase or decrease the amount of work to be done by any amount not to be exceeded by twenty-five Bond Street Utility Improvements I _ l — Bid Documents percent(25%)of the original contract amount. In the event the increase pertains to items not originally bid,the Contractor shall submit a bid in writing to the City of North Richland Hills for approval. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City of North Richland Hills but not shown on the plans or required by the specifications, in accordance with the provisions of the general conditions; similarly, lump sung prices may he decreased to cover deletion of work so ordered. The City of North Richland Hills reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other than by said Contractor. An increase in bid item unit quantities that is not offset by a decrease in another bid item's unit quantities and results in an increase in the total not to exceed contract amount will require a Change Order. Bond Street Utility Improvements ! - 10 I -- Bid Documents MINIMUM 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 render 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 h the Texas De ar#men# of Insurance to transact business in the State of Texas and roust be acce table to the City of North Richland Hilts. The following guidelines are designed to show the most common minimum insurance requirements for standard contracts and agreements with the City. Non-standard agreements may require additional coverage and/or higher limits. Coverage Amounts required for ton-standard agreements to be determined by the department and the City Manager. General Contracts for Services; Service work, and general maintenance agreements, etc. Commercial General Liability Automobile Liability C Workers' Compensation &Employer's Liability L Payment and Maintenance Bond(if applicable) *See Exhibit A for insurance language to include in general contracts for services* Construction: Building contractors for construction projects. L Commercial General Liability F Automobile Liability L Workers' Compensation&Employer's Liability Professional Liability (if applicable for design function) E Builder's Risk(required for new or existing property under construction) L Payment and Maintenance Bond(if applicable) Bond Street Utility Improvements I --- Sid Documents Standard Minimum Re aired Insurance Covera e Insurance Type Limit Provision City to be listed as additional insured $1,000,000 Each Occurrence and provided 30-day Commercial General $2,000,000 Aggregate notice of cancellation Liability or material change in coverage For Construction Projects: $2,000,000 Each Occurrence $4,000,009_Agpegate Automobile Liability $1,000,000 Combined Sin le Limit Waiver-of Workers' Compensation Texas Statutory Requirements subrogation in favor of City $500,000 injury-each accident Employer's Liability $500,000 disease- each employee $500,000 disease -Eolicy limit Professional Liability(or equivalent Errors & Omissions coverage $1,000,000 Each Occurrence appropriate to the Contractor'sprofession) Builder's Risk(required for new or existing property 100%Value under construction Cyber Liability $1,000,000 Each Occurrence Payment/Maintenance Bonds In accordance with Chapter 2253 of the Texas Goverment Code Bond Street Utility improvements 1 _ 1 2 1 — Bid Documents EXHIBIT A GENERAL CONTRACTS FOR SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors,its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury- each accident $500,000 disease_ each employee $500,000 disease-policy limit B. Commercial General Liability: On an"occurrence"basis, including, property damage, bodily injury,products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. C. Automobile Liability: Coveting any auto, or if CONTRACTOR has no owned autos,covering fired and non-owned autos with a Combined Single Limit no less than$1,000,000 per accident for bodily injury and property damage. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled noel-renewed,terminated,or materially changed unless and until thirty (30)days' notice has been given to CITY. All insurance shalt be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A-VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. Bond Street Utility Improvements 1 - I3 1 — Bid Documents Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. Bond Street Utility improvements 1 - 14 l— Bid Documents EXHIBIT C CONSTRUCTION For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR,its subcontractors,its sub-consultants 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. A. Workers' Compensation and Employer's Liability Insurance; Workers' Compensation Texas Statutory Employer's Liability $500,000 injury-each accident $500,000 disease- each employee $500,000 disease-policy limit B. Commercial General Liability: On an "occurrence basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $2,000,000 per occurrence and$4,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos,covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D, Professional Liability(if contract involves design work) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than$1,000,000 per occurrence or claim E. Builder's Risk CONTRACTOR shall maintain Builder's Risk Insurance providing All-Risk (Special Perils) coverage in an amount equal to one hundred percent (100%) of the completed value of the project in question and no coinsurance penalty provisions. The policy shall list the CITY as loss payee as their interests may appear. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Bond Street Utility Improvements 1 I5 I — Bid Documents Policies of insurance shall not be cancelled non-renewed,tenyn nated,or materially changed unless and until thirty (30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M.Best Financial rating of A-VI or better. CONTRACTOR shall fun-iish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. Payment and Maintenance Bonds (if applicable). CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. Bonet Street Utility Improvements 1 - 1 G 1 — Bid Documents NON-COLLUSION AFFIDAVIT OF BIDDER State of 5 County of .J i V• U15 Lv— C1 f n"` verifies that: (Name) (1) jHe/She is owner,partner, officer, representative, or agent of has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers,partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SIGNATURE PRINTED NAME Subscribed and sworn to before me this Day of Cry 2022. NOTARY PUBLIC in and for �—, =November N BURNS LANE County,Text to 9125125363 mission Expires My commission expires: /1-N.- L 22,2024 THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID Bond Street Utility Improvements _ -17 I — Bid documents BID CERTIFICATION The Undersigned, in submitting this bid,represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with,the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color,national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: �— ADDRESS- 7 C CITY, STATE&.SIP: �'�� ��� �r Ty— `7_Cp Dc � T_ TELEPHONE: k L/ 71 FAX C7 0 EMAIL: r ? J zL r+-V Y'b S b C. 1 d1jc—[ , SIGNATURE: �,p ^� PRINTED NAME: �'�Ut DATE: - 1-7- Z Bond Street Utility Improvements 1 - 1 g [ -- Bid Documents COMPLIANCE WITH HOUSE SILL 1295 In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Goverunent 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 Jamiary 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 Fonn 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title. 4) Sign the printed copy of the form (an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Forrn 1295 with the certification of filing not later than the 30th day after the date the contract binds atl 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 https.//m,ww.ediies.state.CX.Lis/wt)atsnew/elf info forml-295.1iLm. Bond Street Utility Improvements 1 _ 19 1 — Bid Documents FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises BE 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 bt :l/www.window.state.tx.usl rocurement/ ro /hub/hub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington,Texas 76011 (817)640-0606 http://urww.netrea.org/certi fzcation.htnal If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State,Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise Bond Street Utility Improvements 1 - 2D 1 — Bid documents 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 tinder Chapter 176 is a Class C misdemeanor. The Conflict of Interest Questionnaire is included as part of this document and can be found at: bttps:tlwww.ethics.state.tx.us/forms-ICIO.j)df Bond Street Utility improvements i _21 1 — Sid Documents CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with iocal governmental entity This questionnaire refiocts changes made to the law by H.B.23,84th Log., Regular Session. OFF10ElJ5EONLY This questonnaire is being filed In accordance with Chapter 17%Lood Government Lade,by a vandor who pate Reeeved has a business relationship as defined by Section 178.00i(i-a)with a local governmental entity and the vendor meets requirements under section 178,006(a). By law fts questionnaire must be Fled with the records administrater of the local govemmentai entity not later [hall the 7th business day aft®r the date tlza vendor becomes aware Of facts that regrdre the statement to be filed. See Section 178.006(a-1),Local Government Code. A vandor commits an offense it the vendor knowingly violates Section 17a.006,Local Government Code.An oftenss under this section 1s a misdemeanw. It Name of vendor who has a business relationship with local governmental entity. 2 ❑ Checkth€s box if you are fling an update to a previously filed questionnaire,(The law requires that you file an updated completed questlonnaire 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.) s Name of local government officer about whom the information Is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section i7®.003(a)(2)(A).Also describe any family relatlonsh€p with the local governm ant officer. Completa subparts A and B for each employment or business relationship described. Attach addition 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? EJ Yes E] N0 13, is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the focal government officer or a family member of the officer AND the taxable Income is not received from the focal governimentaf entity? Yes F-1 No 5 1)ascribe each empl0 yment or business relationship that the vendor named in Section i maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership Interest of one percent or more. b ❑ Check this pox if the vendor has given the local government officer or a tam ily member of the officer one or more gifts as described In Section 176.003(a)(2)(B),excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas f_thlor Commission www.ethics.atate.lx.us Revised 11/3012015 Bond Street Utility improvements 1 .. 22 1-- Bid Documents CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.€egis.state.tx,us/ rocs/LG/htm/LG.176,htm.For easy reference,below are some of the sections cited on this form. LucaI G Ova Inment,Code§17fi 401f1- -"Business relationship"means a connection between two or mare 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 govemmental entity a an agency of a federal,state,or Iocal 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€s subject to regular examination by,and re parting to,that agency, Local Government Cade S 176.003 a 2 A and 13 (a) A local government officer shall file a conflicts disolosure statement with respect to a vendor if: t,x (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$2,600 during the 12-month period preceding the dale that the officer becomes aware that (i) acontract between the local governmental entity and vehder has been executed; or (il) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer orafamily member of the officer one or more gifts that have an aggregate value of mare tban$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 exec u fed;or (it) 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 memberof 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 gevemmentat 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 Subsectian(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 pro vidod by Texas Ethics Commission SVww.ethics.s tat 9.tx.us Revised 11f3612015 Bond Street Utility Improvements 1 _ 23 1 -Bid Documents CONTRACT CHANGES GRID The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terms and Conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID Proposed Contractor/Bidder ("Contractor" or "Bidder"), submits the following modifications to the City's Standard ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s)proposed by Contractor; however, the City agrees to negotiate in good faith in consideration. of Contractor's request, subject to legal requirements, City policies and advice of the City Attorney. Section i Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only) City Response: Accepted Not Accepted Modified Bond Street Utility Improvements 1 -24 1 — Bid Documents CONFIDENTIALITY OF PROPRIETARY INFORMATION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to disseminate information submitted by all Proposers to selected staff,any consultants employed by the City,and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee members shall maintain the Proposers' information as confidential to the extent permitted by law. All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552, the Texas Public Information Act(the"Act"). If a Proposer does not desire proprietary information in the proposal to be disclosed,it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Proposer fails to identify such information as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deemed non-proprietary and made available to the public upon request as authorized by law upon completion of the RFP process and award of contract. Proposers are advised that the City, to the extent permitted by law,will protect the confidentiality of their proposals. Proposers shall consider the implications of the Act, particularly after the RPF process has ceased and a contract has been awarded. If a public information request is made for a Proposer's response following award of a contract, proprietary information submitted in an RFP process may only be withheld from public disclosure pursuant to Section 552.1101 of the Act. A determination as to whether Section 5 52.1101 applies will not be decided by the City of North Richland Hills, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, and the Proposer is required to request an opinion as to the confidentiality and proprietary nature of the information from the Attorney General pursuant to Section 552.305 of the Act. The City is not authorized to make the request on the Proposer's behalf. Bond Street Utility Improvements 1 -25 1 —Bid Documents CONSTRUCTION AGREEMENT FOR BOND STREET UTILITY SERVICES FOR MEADOW OAK DRIVE, PEARL STREET, SOUTHAMPTON DRIVE, STONYBROOKE DRIVE AND DAWN DRIVE CITY OF NORTH RICHLAND HILLS AND ABC CONTRACTOR, INC, THIS CONSTRUCTION AGREEMENT ("Contract") is made and entered by and between ABC CONTRACTOR,INC., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS,TEXAS,a municipal corporation(hereinafter referred to as "City" or"Owner"), to be effective upon the date executed by the City, For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. CONTRACT DOCUMENTS The parties agree that the Contract Documents shall consist of the following: 1. This signed Construction Agreement; 2. Any and all Addenduin(s); 3. "Notice to Bidders" advertisement; 4. The Contractor's Bid Proposal 5. Special Instruction to Bidders; 6. General Conditions of Sid#22-015; 7. Special Conditions of Bid#22-015; S_ The Specifications of Bid#22-015; g. The Plans/Drawings of Sid 922-015; 10. Payment Bond; 11. Performance Bond; and 12. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fiully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all.In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. II. THE WORKS Contractor shall provide all labor,supervision,materials and equipment necessary to perform all work required by the contract documents in connection with the construction of Bond Street Bond Street Utility Improvements if - 1 11 —Construction Agreement Utilities for Meadow Oak Drive, Pearl Street, Southampton Drive, Stonybrooke Drive and Dawn Drive ("work"),through Bid#22-015 in accordance with a Scope of Work in the form of Exhibit"A,"for each service provided under this Contract. Each Scope of Work shall be incorporated herein and governed by the terms and conditions of this contract. III. TIME OF COMMENCEMENT; COMPLETION Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed for a work order. The Term of this Contract shall be for 12 months. The City shall have the option to renew this Contract for four(4) additional 12 month periods in accordance with Section 39 of the Special Conditions. The Date of Completion for the work shall be set forth in the Scope of Work for each service provided under this Contract. IV. CONTRACT PRICE The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, a total amount not to exceed XXX HUNDRED XXXXX THOUSAND XXXX HUNDRED XXXX AND 001100 DOLLARS (XXX,XXX.XX) ("Contract Price"). payment will be due upon completion of work and acceptance of the work by the City. Within the following thirty (30)days,Owner shall make partial payments to the Contractor for work performed during the preceding calendar month as estimated by the Owner or Owner's Representative. Ten percent (10%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts less than four hundred thousand dollars ($ 400,000.00) in total Contract Price. Five percent (5%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts equal to or greater than foie- hundred thousand dollars ($ 400,000.00) in total Contract Price. Upon completion and acceptance of all work in compliance with the Contract,the Owner shall,within thirty(3 0)days, pay the Contractor the balance due Linder the terms and conditions of the Contract. V. CHOICE OF LAW; VENUE The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties, the parties shall be entitled to reasonable attorney's fees that are necessary, Bond Street Utility improvements 11 - 2 11 -- Construction Agreement equitable and just,in.accordance with applicable law,and as awarded by a court of competent jurisdiction. VI. INSURANCE The Contractor shalt, at his own expense, maintain and keep in force insurance coverage in the minimiun amounts as specified in the general conditions and specifications of Bid 922-015, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. 11 r&guired insurilnee Lutificates mu Et be slib mitted prigro c in Weneme t of work. VIL TERMINATION A) Either party may terminate this Contract at any tune for cause or convenience by providing ninety(90) days' written notice to the other party. Upon the receipt of such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract.Contractorshall notbe entitled to lost or anticipated profits should City choose to exercise its option to terminate. B)Non-appropriation of Funds. In the event no fiends or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which fiends have been appropriated. VIII. FORCE MAJEURE Neither party shall be liable for failure to perforrm its obligations under this Contract if the performance is delayed or prevented by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems;or any other circumstances which are reasonably beyond the control of the party. Such party's performance shall be excused for the length of time the force majeure event lasts, provided that party makes a reasonable attempt to resume performance upon conclusion of the force majeure event, unless such performance has become legally Bond Street Utifity Improvements II _3 If — Construction Agreement impossible, in which case that party may terminate the Contract. IX. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with Owner information that may be confidential by law, rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of or access to, any confidential information by Contractor is a material breach of this Agreement. If Contractor violates this provision,and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive reliefin a court ofcompetent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by lava. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. X. RIGHT TO AUDIT During the term of this Contract, and at any time within three(3)years following the expiration of this Contract,the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Contract, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited frozen doing so by court or other governmental order.Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. XI. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: if to City: If to Contractor: City of North Richland Hills ABC Contractor,Inc. Attn: Mark Hindman, City Manager Attn: John Doe 4301 City Point Drive Address 1 North Richland Hills,Texas 76102 Address 2 Email: nihindmail@nrhtx.com Email: Phone: (817)427-6004 Phone: 817-000-0000 With copy to the City Attorney at the same address. Bond Street Utility improvements II -4 II —Construction Agreement I HII. DISPUTE RESOLUTION Except in the event of termination pursuant to Section VII(B) of this Contract,if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Contract,the parties shal I first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the parry's specific reasons for such dispute. Within ten Q 0)business days of receipt of the notice,both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of,or in connection with this Agreement. If the parties fail to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry.Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shalt be agreed to.by the parties, Each patty shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute, Either party may,before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order in injunction where such relief is necessary to protect is interests. XIII. ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT This construction agreement, including the contract documents listed in Paragraph I represents the. entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations,representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. Bond Street Utility Improvements 11 _ 5 11-- Construction Agreement X11V. EFFECTIVE DATE This construction agreement, shall be effective Capon the date of execution by the City of North Richland Hills City Manager, IN WITNESS WHEREOF,the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS ABC CONTRACTOR, INC. BY: BY: Mark Hindman, City Manager John Doe DATE: DATE: ATTEST: ATTEST: TITLE: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action YIN Date Approved Agenda No. Ord /Res No. Maleshia B. McGinnis, City Attorney Bond Street LJdNy Improvements 11 _ 5 11—Construction Agreement Section I -Meadow Oak Drive 1TEM NO. QTY. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1 Q EA Adjust Fire Hydrant to Grade $ $ 2 0 EA Adjust Existing Water Line $ $ 3 0 EA Remove Fire Hydrant $ $ 4 0 EA Adjust Water Valve to Grade $ $ 5 0 EA Adjust Irrigation Control Valve to $ $ Grade 6 0 EA Adjust Water Meter Box to $ $ Grade 7 0 EA Remove Water Valve $ $ 8 0 EA Fire Hydrant Assembly $ $ 5 0 LF Trench Safety for Water Lines $ $ 10 0 LF 12-inch AWWA C900 PVC DR $ $ 18 (Class 150) Water Line 11 0 LF 10-inch AWWA C900 PVC DR $ $ 18 (Class 150) Water Line 12 0 LF 8-inch AWWA C900 PVC ❑R 18 $ $ (Class 150)Water Line 13 0 LF 8-inch AWWA C900 PVC DR 18 $ $ (Class 150) Water Line 14 0 EA 1-inch Water Service Line $ $ 15 0 EA 1"Single Water Service (short) $ $ Bond Street Utility Improvements Page .I of 21 III - Bid Proposal UPLIATED 31712022 Section I -Meadow Oak ©rive ITEM NO. EST" UNIT DESCRIPTION QTY, UNIT PRICE EXTENDED PRICE 16 0 E4 1"Single Water Service(long) $ $ 17 0 EA 1" Double Water Service (short) $ _ $ 8 0 EA 1"Double Wager Service(long) $ $ 19 0 EA Relocate Existing Water Meter $ $ 20 Relocate Existing Backflow Preventer $ $ 21 0 EA Connect to Existing 6-inch Water Line $ -----.--_ $ 22 ❑ EA Connect to Existing Vault $ $ 23 0 EA 6-inch Gate Valve $ $ 24 0 EA 8-inch Gate Valve $ $ 25 0 EA 10-inch Gate Valve $ $ 26 0 EA 12-inch Gate Valve $ $ 27 0 LF Concrete Encasement 28 1,380 LF Trench Safety for Sanitary 1$ $ Sewer Lines 29 0 LF 18-inch SDR 35 PVC Sanitary Sewer $ $ 30 180 LF 8-inch 5DR 35 PVC Sanitary $ $ 15 o-- Sewer ---- Bond Street Utility Improvements Page 2 o.f 21 III - Bid Proposal UPDATED 31712022 Section I-Meadow Oak Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE CITY 31 0 LF 8-inch SDR 26 PVC Sanitary $ $ Sewer 32 200 LE 6-inch$DR 35 PVC Sanitary $ g z d $ Sewer 33 0 LF 5-Inch SDR 26 PVC Sanitary $ $ Sewer 34 0 LF 12-inch SDR 35 PVC Sanitary $ $ Sewer 35 0 LF 18-inch SDR 35 PVC Sanitary $ $ Sewer 30 0 EA Connect To Existing Sanitary $ $ Sewer Manhole 37 B EA 4-foot Diameter Sanitary Sewer Manhole $ ] $ r' 38 24 VF Extra Depth for 4-foot Sanitary Sewer Manhole $ _ $ U 39 0 EA 5-foot Diameter Sanitary Sewer $ $ Manhole 40 0 VE Extra Depth for 5-foot Sanitary $ $ Sewer Manhole 41 28 EA 4"Sanitary Sewer Service $ IZ G�Y $ 3 S 000 42 0 LF Concrete Encasement $ $ 43 1,380 LE Pre-Construction Television $ �`CCU $ C)Qw Inspection 44 1,38i] LF Post-Construction Television $ $ to Inspection 45 0 LF Remove Existing Sanitary $ $ Sewer Line Bond Street Utility Improvements Page 3 of 21 !!! - Bid Proposal UPDATED 31712022 Section I-Meadow Oafs Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 45 3 EA Remove Existing Sanitary Sewer Line Manhole $ 5 _ $ 50 47 0 EA Adjust Existing Sanitary Sewer $ $ Manhole to Grade 48 6,000 SF Asphalt Pavement Repair $ — $ 49 1 LS Miscellaneous Utility Allowance $ 5,000.OQ $ 5,000.00 SUB-TOTAL AMOUNT BID—BASE BID SECTION i —MEADOW OAK DRIVE: $ -7 z qo Band Street Utility Improvements Page 4 of 21 III - Bid Proposal UPDATED 31712022 Section II -Pearl Street ITEM NO. QTY. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1 0 EA Adjust Fire Hydrant to Grade $ $ 2 0 EA Adjust Existing Water line $ $ CIU 3 2 EA Remove Fire Hydrant $ 50c) $ U ty 4 S EA Adjust Water Valve to Grade $ �vw� $ 9L�� 5 0 EA Adjust Irrigation Control Valve to $ Grade Adjust Water Meter Box to 6 �� Grade $ $ 7 0 EA Remove Water Valve $ $ 8 2 EA Fire Hydrant Assembly $ u0 $ W 3, ODO 9 0 LF Trench Safety for Water Lines $ $ �0 160 LF 12-inch AWWA C900 PVC DR $ `� $ � 18 (Class 150) Water Line 11 4100 0 LF 10-inch AWWA C900 PVC DR $ _ $ 18 (Class 150)Water Line 12 0 LF 8-Inch AWWA C900 PVC DR 18 $ $ (Class 150)Water Line 13 700 LF 6-inch AWWA C900 PVC DR 18 $ •� — $ 5 � (Class 150) Water Line c� 14 300 EA 1-inch Water Service Line $ �� $ uoo 16 0 EA 1"Single Water Service(short) $ $ Bored Street Utility Improvements Page 5 of 21 Ill- Bid Proposal UPDATED 31712022 Section H -Pearl Street ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 16 0 EA 1"Single Water Service(long) $ $ 17 4 EA 1"Double Water Service (short) $ �l LW $ �r 18 7 EA 1"Double Water Service(long) $ L'_ $ _/016 7S 19 0 EA Relocate Existing Water Meter $ $ 20 0 EA Relocate Existing Backf ow $ $ Preventer 21 4 EA Connect to Existing 6-inch $ Water tine $ 22 0 EA Connect to Existing Vault $ $ � w 23 5 EA 6-inch Gate Valve $ J [ $ ] 24 0 EA 8-inch Gate Valve $ $ 25 0 EA 10-inch Gate Valve $ $ 26 1 EA 12-inch Gate Valve $ -t" $ 27 0 LF Concrete Encasement $ $ 28 1,120 LF Trench Safety for Sanitary $ _ $ f w Sewer Lines --�=--- I 29 0 LF Lo SewerSOR 35 PVC Sanitary $ _ $ Sewer 30 0 LF 8-inch SDR 35 PVC Sanitary Sewer $ --�-- $ Bond Street Utility improvements Page 6 of 21 Ili- Bid Proposal UPDATED 31712022 Section II -Pearl Street ITEM NO. ESTT' . UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 81 LF 8-inch SDR 28 PVC 5ani#ary Sewer $ - _ $ 32 1,124 LP 6-inch SDR 35 PVC Sanitary Sewer 33 g LF 6-inch SDR 26 PVC Sanitary Sewer $ - $ 34 d LF 12-inch SDR 36 PVC Sanitary Sewer $ $ 36 0 LF 1 S-Inch SDR 35 PVC Sanitary Sewer $ $ 36 ❑ EA Connect To Existing Sanitary Sewer Manhole $ — $ 37 3 EA 4-foot Diameter Sanitary Sewer Manhole $ $ 00 1 38 g VF Extra Depth for 4-foot Sanitary Sewer Manhole $ -----.—. $ 39 4 EA 5-foot Diameter Sanitary Sewer Manhole $ ------- $ _ 40 g VF Extra Depth for 5-foot Sanitary Sewer Manhole $ $ 41 19 EA 4"Sanitary Sewer Service $ ;-3 75-() 42 g LP Concrete Encasement $ _ $ 43 1,120 LF Pre-Construction Television $ � CIA, (A CA Inspection 44 1,124 LF Inspection Television Inspection $ $ i 45 0 LF Remove Existing Sanitary Sewer Line $ $ Bond Street Utility Improvements Page of 21 III-Bid Proposal UPDATED 31712022 Section 11 -Pearl Street ITEM NO. QTY. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 46 3 EA Remove Existing Sanitary s r75b Sewer Line Manhole $ 47 0 EA Adjust Existing Sanitary Sewer Manhole to Grade � 48 7,500 SF Asphalt Pavement Repair $ $ �2 SW 49 1 LS Miscellaneous Utility Allowance $ 5,0c)o.00 $ 5,000.00 SUB-TOTAL AMOUNT BID—BASE 810 SECTION 11 — PEARL STREET: Bond Street Utility Improvements Page 8 of 21 III- Bid Proposal UPDATED 31712022 Section III -Southampton Drive ITEM NO. QTY. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1 0 EA Adjust Fire Hydrant to Grade $ $ 2 Q EA Adjust Existing Water Line $ $ 3 2 EA Remove Fire Hydrant $ COL) $ ❑L 4 5 EA Adjust Water Valve to Grade $ 1 �f $ � U 5 Q EA Adjust Irrigation Control Valve to $ $ Grade 6 21 EA Adjust Water Meter Box to $ $ Grade 7 Q EA Remove Water Valve $ $ 8 D EA. hire Hydrant Assembly $ $ 9 g LF Trench Safety for Water Lines $ $ 1t] 4 LF 12-Inch AWWA C900 PVC DR $ $ 18(Class 150) Water Line 11 B LF 10-inch AWWA C900 PVC DR $ $ 18 (Class 150) Water Line 12 0 LF 8-inch AWWA C940 PVC DR 18 $ $ (Class 150) Water Line 8-inch AWWA C900 PVC DR 18 ' 13 1,7{3t7 LF (Class 150) Water Line $ — $ °� 7 14 600 EA 1-inch Water Service Line $ _hpJ $ Ono 15 0 EA 1" Single Water Service (short) $ $ Bond Street Utifity Improvements Page 9 of 21 III - Bid Proposal UPDATED 31712022 Section III -Southampton Drive ITEM NO. CITY. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 16 0 EA 1"Single Water Service (long) $ $ 17 11 EA 1"Double Water Service (short) $ 1304 $ U 18 10 EA 1"Double Water Service Ion 19 B EA Relocate Existing Water Meter $ $ - 20 0 EA Relocate Existing Backflow $ Preventer $ 21 3 EA Connect to Existing 6-inch `= Water Line 22 0 EA Connect to Existing Vault $ $ 23 5 EA 6-inch Gate Valve $ j L� tL- 24 0 EA 8-inch Gate Valve $ $ 25 0 EA 10-inch Gate Valve $ $ 26 a EA 12-inch Gate Valve $ $ 27 0 LF Concrete Encasement $ $ 28 1,$DD LF Trench Safety for Sanitary t ' Sewer Lines $ ' $ ID 29 B LF 18-inch SDR 35 PVC Sanitary Sewer $ --- $ 30 8-inch SDR 35 PVC Sanitary 12C1D LF , Sewer $ $ Band Street Utility Improvements Page 10 of 21 III - Bid Proposal UPDATED 3/7/2022 Section III -Southampton Drive ITEM NO. QTY. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 31 a LF 8-inch SDR 26 PVC Sanitary $ $ Sewer 32 666E 6-inch SDR 35 PVC Sanitary Sewer $ $ � 33 0 LF 6-Inca SDR 26 PVC Sanitary $ $ Sewer 34 6 LF 12-inch SDR 35 PVC Sanitary $ $ Sewer 35 6 LF 18-inch SDR 35 PVC Sanitary $ $ Sewer 36 a EA Connect To Existing Sanitary $ $ Sewer Manhole 4-foot Diameter Sanitary Sewer 37 3 EA $Manhole � �J $ z l UUf 14 38 fi VF Extra Depth for 4-foot Sanitary Sewer Manhole $ Z D� $ 39 6 EA 5-foot Diameter Sanitary Sewer $ $ Manhole 40 0 VF Extra Depth for 5-foot Sanitary $ $ Sewer Manhole 41 38 EA 4" Sanitary Sewer Service $ $ .SU{] 42 0 LF Concrete Encasement $ $ w 43 1,800 LF Pre-Construction Television $ 0 $ Inspection 1 44 1,806 LF Post-Construction Television G� �= $ $Inspection •t- 45 p LF Remove Existing Sanitary $ $ Sewer Line Band Street Utility Improvements Page 11 of 21 Ill - Bid Proposal UPDATED 3/MO22 Section III-Southampton drive ESTITEM:NOF. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 46EA Remove Existing Sanitary U _`=- Sewer Line Manhole $ � $ 47 0 EA Adjust Existing Sanitary Sewer $ $ Manhole to Grade 4$ 8,040 5F Asphalt Pavement Repair $ 49 9 LS Miscellaneous Utility Allowance $ 5,0oo.00 $ 5,000.00 SUB-TOTAL AMOUNT BID--SASE BID SECTION Ili OUTHAMPTON DRIVE: Bond Street Utility Improvements Page 12 of 21 If( - Bid Proposal UPDATED 31712022 i I Section IV-Stonybrooke Drive ITEM NO. 4TY. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1 0 EA Adjust Fire Hydrant to Grade $ $ 2 0 EA Adjust Existing Water Line $ $ 3 0 EA Remove Fire Hydrant $ $ 4 0 EA Adjust Water Valve to Grade $ $ 5 0 EA Adjust Irrigation Control Valve to $ $ Grade 6 EA Adjust Water Meter Box to $ Grade $ 7 0 EA Remove Water Valve $ $ 8 0 EA Fire Hydrant Assembly $ $ 9 0 LF Trench Safety for Water Lines $ $. 10 0 LF 124nch AWWA C900 PVC DR $ $ 18 (Class 150)Water Line 11 0 LF 10-inch AWWA C900 PVC DR 18 (Class 150)Water Line $ $ --- —_.. 12 0 LF 8-inch AWWA C900 PVC ❑R 18 $ $ (Class 150)Water Line 13 0 LF 6-inch AWWA C900 PVC DR 18 $ $ (Class 150)Water Line 14 0 EA 1-inch Water Service Line $ $ 15 0 EA F' Single Water Service (short) $ $ Bond Street Utility Improvements III - Bid Proposal Page 13 of 21 UPDATED 31712022 Section IV-Stonybrooke Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 16 0 EA 1"Single Water Service (long) $ $ 17 0 EA 1"Double Water Service (short) $ $ 18 0 EA 1" Double Water Service(long) $ $ 19 0 EA Relocate Existing Water Meter $ $ 20 0 EA Relocate Existing Backflow $ $ Preventer 21 0 EA Connect to Existing 6-inch $ $ Water Line 22 0 EA Connect to Existing Vault $ $ 23 0 EA 6-inch Gate Valve $ $ 24 0 EA 8-inch Gate Valve $ $ 25 0 EA 10-inch Gate Valve $ $ 26 0 EA 12-inch Gate Valve $ $ 27 0 LF Concrete Encasement $ $ 2$ 130 LF Trench Safety for Sanitary $ ] _ $ 3 cl-t� Sewer Lines �— 29 0 LF 18-inch SDR 35 PVC Sanitary $ $ Sewer 30 0 LF 8-inch SDR 35 PVC Sanitary $ $ Sewer Bond Street Utility Improvements III - Bid Proposal Page 14 of 21 UPDATED 3/7/2022 Section IV-Stonybrooke Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 31 LP 8-inch SDR 26 PVC Sanitary Sewer 32 90 LF 6-inch SDR 35 PVC SanitaryS S�r Sewer 33 0 LF 6-inch SDR 26 PVC Sanitary $ $ Sewer 34 40 LF 12-inch SDR 35 PVC Sanitary Sewerj J 35 0 LF 18-inch SDR 35 PVC Sanitary $ Sewer 36 1 EA Connect To Existing Sanitary Sewer Manhole 37 1 ' Manho©iameter Sanitary Sewer s 38 5 VF Extra Depth for 4-foot Sanitary s 3co L $ SOU Sewer Manhole 39 0 EA 5-foot Diameter Sanitary Sewer Manhole 40 0 VF Extra Depth for 5-foot Sanitary $ $ Sewer Manhole 41 0 EA 4"Sanitary Sewer Service $ $ 42 0 LF Concrete Encasement $ $ 43 130 LF Pre-Construction Television $ $ ]L-'� L` Inspection Post-Construction Television � �` " 44 130 LFInspection $ .1s--.---_ $ 1U 45 0 LF Remove Existing Sanitary $ $ Sewer Line Bond Street Utility Improvements III - Bid Proposal Page 15 of 21 UPDATED 31712022 Section IV-Stonyhrooke Drive ITEM NO. E . UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 46 0 EA Remove Existing Sanitary $ $ Sewer Line Manhole 47 0 EA Adjust Existing Sanitary Sewer $ $ Manhole to Grade 48 600 SF Asphalt Pavement Repair $ $ 49 1 LS Miscellaneous Utility Allowance $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID—BASE BI❑ SECTION IV—STCNYBROOKE DRIVE: Bond Street Utility Improvements III - Bid Proposal Page 16 of 21 UPDATED 31712022 Section V-Dawn Drive ITEM NO, EST. UNIT DESCRIPTION UNIT PRICE E](TENDED PRICE CITY '! 0 EA Adjust Fire Hydrant to Grade $ $ 2 0 EA Adjust Existing Water Line $ $ 8 1 EA Remove Fire Hydrant $ b )= $ J d� 4 B EA Adjust Water Valve to Grade $ $ qC0 5 0 EA Adjust Irrigation Control Valve to $ $ Grade Adjust Water Meter Box to � LA- `Q 5 4 EA Adjust $ �— $ 300 7 0 EA Remove Water Valve $ $ j 8 1 EA Fire Hydrant Assembly $ u f $ _ e�U• 9 0 LF Trench Safety for Water Lines $ $ 10 0 LF 12-inch AWWA C900 PVC DR $ $ 18(Class 150) Water Line 11 800 LF 10-inch AWWA C900 PVC DR $ - $ y [� 18 (Class 150)Water Line — 12 0 LF 8-inch AWWA C900 PVC DR 18 $ $ (Class 150)Water Line fi-inch AWWA C900 PVC ❑R 18 13 2,025 LF $ .�� $ r- � (Class 150) Water Line 14 200 EA 1-inch Water Service Line $ v $ � a' 15 0 EA 1"Single Water Service (short) $ $ Bond Street Utility Improvements Page 17 of 21 III -Bid Proposal UPDATED&712022 Section V-©awn ©rive ITEM NO. EST, UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 18 0 EA 1"Single Water Service (long) $ $ 17 0 EA 1" Double Water Service (short) $ $ 4 � w 18 4 EA 1" Double Water Service (long) $ $ , l oo 19 0 EA Relocate Existing Water Meter $ $ 20 0 EA Relocate Existing Backflow $ $ Preventer 21 4 EA Connect to Existing 6-inch ` Water Line $ {7 �� $ ow 22 0 EA Connect to Existing Vault $ $ $ 23 4 EA 6-inch Gate Valve $ W~ Co 24 0 EA 8-inch Gate Valve $ $ 25 2 EA 10-inch Gate Valve $ } $ 26 0 EA 12-inch Gate Valve $ $ 27 0 LF Concrete Encasement $ $ 28 800 LF Trench Safety for Sanitary $ — f CL7 $ _ Sewer Lines 1 29 0 LF 18-inch SDR 35 PVC Sanitary $ $ Sewer 30 500 LF 8-inch SDR 35 PVC Sanitary tlu $ .�--- $ Sewer 5 G Bond Street Utility Improvements Page 18 of 21 III - Bid Proposal UPDATED 3/7/2022 Section V-Dawn Drive ITEM NO. QTY. UNIT ©ESCRfPTiON UNIT PRICE EXTENDED PRICE 31 0 LF 8-inch SDR 26 PVC Sanitary Sewer 32 0 LF 6-inch SDR 35 PVC Sanitary Sewer 33 0 LF 6-inch SDR 26 PVC Sanitary Sewer 34 0 LF 12-inch SDR 35 PVC Sanitary $ Sewer 184nch SDR 35 PVC Sanitary 35 300 LF Sewer $ o � $ (](� 36 0 EA Connect To Existing Sanitary $ $ Sewer Manhole 37 5 EA 4-foot Diameter Sanitary Sewer $ r ODD $ 3 D D0o Manhole 38 3 VF Extra Depth for 4-foot Sanitaryy= �y ' Sewer Manhole 39 0 EA 5-foot Diameter Sanitary Sewer $ $ Manhole 40 0 VF Extra Depth for 5-foot Sanitary $ $ Sewer Manhole 41 7 EA 4"Sanitary Sewer Service $ 2_ 42 0 LF Concrete Encasement $ 43 800 LF Pre-Construction Television $ s $ 00 Inspection 80q LF Post-Construction Television Inspection $ ----- $ J 45 0 LF Remove Existing Sanitary $ $ Sewer Line Bond Street Utility Improvements Page 19 of 21 III - Bid Proposal UPDATED 31712022 Section V- Dawn Drive ITEM NO. EST. UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE QTY 46 5 EA Remove Existing Sanitary � Sewer Line Manhole $ _ $ 47 0 EA Adjust Existing Sanitary Sewer $ $ Manhole to Grade 48 11,000 SF Asphalt Pavement Repair $ $ 49 1 LS Miscellaneous Utility Allowance $ 5,000.00 $ 5,000.00 SUB-TOTAL AMOUNT BID—BASE BID SECTION V—DAWN DRIVE: $ Bond Street Utility Improvements Page 20 of 21 III -Bid Proposal UPDATED 31712022 BASE BID- Bond Street Utility Improvements Total Amount Bid: Base Bid Section I - Meadow Oak Drive $ g — w Section II - Pearl Street $ w Section III - Southampton Drive $ ] G]2 Section IV- Stonybrooke Drive $ � Section V- Dawn Drive $ U-1 r rS (Total mount Bid, Numerical Value) Bond Street Utility Improvements Page 21 of 21 III -Bid Proposal UPDATED 31712022 SPECIAL CONDITIONS 1. OWNER AND CONTRACTOR The Owner and Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the contract documents as if singular in number and masculine in gender. The Project Manager shall be understood to represent the Owner. The duties, responsibilities and limitations of authority of the Project Manager as the Owner's representative during construction are as set forth in the contract documents and shall not be extended or limited without written consent of the Owner. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the character, quality and quantity of the materials, equipment and facilities needed during the prosecution of the work, the general and local conditions, and all other matters which can in any way effect the work under this contract. Na verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. 2. CONTRACT DOCUMENTS The contract documents shall consist of: the Notice to Bidders (Advertisement); Instructions to Bidders; Proposal; Signed Agreement; Maintenance, Performance and Payment Bonds (when required); insurance certificate; General Conditions; Specifications; Plans; and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the terms and conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. The contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. in case of conflict between any of the contract documents, priority of interpretation shall be in the following order:Signed contract agreement, performance and payment bonds, Contractor's proposal, Notice to Contractors, Specifications, Plans,and General Conditions of Agreement. 3. SUB-CONTRACTOR The term Sub-Contractor, as employed herein, shall include any third party having a direct contract or other agreement with the Contractor to perform work or provide services and who performs or Bond Street Utility Improvements IV- 1 IV—Special Conditions provides services according to the plans or specifications of the work, but shall not include one who merely furnishes material. 4. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the Corporation for whom it is intended or if delivered at or sent by regular mail to the last business address known to him who gives the notice. 5. WORK The Contractor is responsible for compliance with local, state, and federal regulations. Contractor to provide and pay for all materials,supplies, machinery, equipment,tools, superintendence, labor, services, insurance, and all water, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 6. SITE OBSERVATION BY PROJECT MANAGERIOWNER'S REPRESENTATIVE The Project Manager/Owner's Representative shall make periodic visits to the site to familiarize him or her with the progress of the executed work and to determine if such work meets the requirements of the specifications and contract documents. Any review of work in progress, or any visit or observation during construction by the Project Manager/Owner's Representative is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Project Manager/Owner's representative, whether called to the Contractor's attention or not shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. T. PROGRESS PAYMENTS FOR WORK Public Works shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and approve, in writing, payment to Contractor. Within the following thirty (30) days, OWNER shall make partial payments to the CONTRACTOR for work performed during the preceding calendar month as estimated by the OWNER or OWNER's Representative. Bond Street Utility Improvements IV_ 2 IV— Special Conditions It is understood that the monthly estimates shall be approximate only, and all monthly estimates and partial payments shall be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the OWNER of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the CONTRACTOR of any of its responsibility under the Contract. 8. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements. Likewise,the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use,or non-use, of all temporary supports,shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. 9. UTILITY CONFLICTS It is the Contractor's responsibility to make arrangements with the owners of such underground facilities prior to working in the area to confirm the locations and to determine whether any additional facilities may be present. Contractor shall preserve and protect all underground facilities. UNDERGROUND FACILITY OWNER TELEPHONE NUMBER ATMOS 811 ONCOR 811 AT&T 811 City of North Richland Hills WaterlSewer 817.427.6440 Charter Cable 811 10.WATER FOR CONSTRUCTION The CONTRACTOR shall make the necessary arrangements for securing and transporting al€ water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing or jetting. Bond Street Utility Improvements IV- 3 IV— Special Conditions The CONTRACTOR may remit the City a deposit for a fire hydrant water meter; additionally, the CONTRACTOR will be billed for the water used on the construction of this contract and measured by such fire hydrant meter. Additionally, the cost of any temporary pipe line, metering or other equipment which may be necessary to make use of such fire hydrant water meter and water, shall be considered as incidental to the work and payment therefore shall be included in the various bid items of the proposal. if the CONTRACTOR chooses to use such fire hydrant water meter, he/she shall assume full responsibility for it and return it in the same or similar condition as received otherwise the CONTRACTOR will not be returned his/her deposit. 11.TRAFFIC CONTROL The CONTRACTOR shall prosecute his traffic control work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicu€ar and pedestrian traffic within the project area. All traffic control devices used during construction shall meet the standards utilized in the MUTCD. Access to adjacent property shall be maintained at all times unless otherwise approved by the OWNER. 12. PROSECUTION OF CONSTRUCTION The CONTRACTOR will, unless otherwise approved by the Owner, prosecute the construction of this project during normal working hours as defined below: A. Normal Work Day shall mean the normal eight (8) hour working day between the hours of 8:00am and 5:00pm B. Normal Work Week shall mean the forty (40) hour work week encompassing the five (5) eight-hour days, Monday through Friday. C. Holidays to be observed and to be included into the normal work week will be: New Years Day ............................. January 1st MLK Day......................................... Third Monday in January Memorial Day ................................ Last Monday in May Independence Day ....................... July 4th Labor Day ...... First Monday in September Thanksgiving Holiday .................... Fourth Thursday in November and the following Friday Christmas Holiday ......................... December 24th & December 25th If any of the above dates failing on a Sunday shall he observed on the following Monday. D. If the Contractor wishes to work more than thirty minutes per day overtime, approval must be acquired from the Public Works Department 24 hours in advance and the Contractor must agree to pay the City for the inspector's time at the rate of seventy- five dollars ($75.00)per hour. if the Contractor arranges to work on a weekend and for any reason does not or cannot work, he will be responsible for a minimum of two hours pay for the inspector. Bond Street Utility Improvements IV_ 4 IV--Special Conditions 13. INSPECTION AND TESTING The CONTRACTOR shall be responsible for paying for all testing and testing related items (acquiring specimens, proper specimen control, etc.) on this Project. During the progress of the work, all materials, equipment and workmanship shall be subjected to such inspections and tests as will assure conformance with the contract requirements. The CONTRACTOR shall furnish at his/her expense all necessary specimens and samples for testing. Sampling and testing of all materials or construction methods shall be performed by a commercial laboratory, approved by the Engineer, and permitted with the City of North Richland Hills' Public Works Department. Utility Testing Services provided shall include but are not limited to the following: a. Pressure and bacteriological test of water mains b. Vacuum testing of manholes c. Slump and Air Content Tests d. Flexural or Compressive Strength Tests for concrete (if used) e. Soil Compaction for trench backfill 14.CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract; and agrees that whenever the Owner shall inform him in writing that any worker or workers on the work site, in Owner's opinion, are incompetent, unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed on the work without the Owner's written consent. 15. PRELIMINARY APPROVAL The Project Manager shall not have the power to waive the obligations of this contract for the furnishing of good material, or of his performing good work as herein described in full accordance with the plans and specifications. No failure or omission of the Project Manager to discover, object to or condemn defective work or material shall release the Contractor from obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that the Project Manager shall,.upon request of the Contractor, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by the Project Manager prior to final acceptance. If found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor. 16. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any material brought on the job site for use or selected for use, shall be deemed by the Project Manager as unsuitable or not in conformity with the specifications,the Contractor shall, after receipt of written notice from the Project Manager, remove Bond Street Utility Improvements IV-5 1V--Special Conditions such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 17. CHANGE ORDERS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary,in the opinion of the project Manager, to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent(25%)of the original contract amount. The Contractor shall submit a bid in writing to the Project Manager for approval of the work requested. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other that by said Contractor. 1f the Owner approves the bid for the requested change in work, a change order will be executed. All change orders shall be approved in writing by the North Richland Hills' designated representative prior to work being executed. 18. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Owner shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him. The Contractor shall keep one copy of the same constantly accessible on the work with the latest versions noted thereon. 19. OWNERSHIP OF DRAWINGS All drawings, specifications and copies furnished by the Project Manager shall not be reused on other work with the exception of the signed contract sets, are to be returned to him on request at the completion of work. 20. RIGHT OF ENTRY The Owner reserves the right to enter the property or location on which the work herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as .said Owner-may desire. 21. DISCREPANCIES AND OMISSIONS In the event of any discrepancies between the separate contract documents, the priority of interpretation defined under"Contract Documents"shall govern. In the event there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Project Manager shall define which is intended to apply to the work. Bond Street Utility Improvements IV- G IV— Special Conditions 22. EQUIPMENT AND MATERIALS The Contractor shall be responsible for the care, preservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work until the entire work is completed and accepted. 23. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provision of Federal, State, and Municipal safety laws, building and construction codes. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 24. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, from the action of the elements, from any unforeseen circumstances in the prosecution of the same, from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 25. PROTECTION OF ADJOINING PROPERTY Contractor shall take proper means to protect all adjacent or adjoining properties in any way encountered which might be injured or seriously affected by any process of construction to be undertaken under the Agreement. Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Project Manager against any claim or claims for damages due to the injury to any adjacent or adjoining property arising or growing out of performance of the contact. Any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 26. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner effect the contract or the work. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Project Manager in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager, he shall bear all costs arising there from. 27.ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Owner. The Contractor further agrees that Bond Street Utility Improvements IV.. 7 IV-- Special Conditions the subletting of any portion or feature of the work, or material required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 28. INDEMNIFICATION I PROTECTION AGAINST CLAIMS The 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, a or description, including claims for copyright and 12aten infringement, and-including all expenses of litigation, court costs, and attorneys fees for iniu_ry_or death to any person, or iniury to an_y property, receiyed or sustained by any„person or persons or property, arising out of or occasioned by, direct!y or indirect!y, the erformance of Contractor under this aq reement includin g claims and damages arisin q in part for the ne-gligence of the City, without; however, waiving any governmental immunity y ing n any defenses of the parties under available a e#o the City under Texas law and without waiv , Texas law. The provisions_of this indemnification are sole!y 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. The Contractor shall defend indemnify and hold harmless the Owner and respective officers,agents_and employees, from and.against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys'fees and expenses, arising out of or resulting from the performance of the work provided that any such damages, claim lass demand suit 'ud rnent cost or expense: (1) Is attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible-property, including the„loss of use and, (2) Is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by anyone of them or anyone„for whose acts any of them may be liable regardless of whether or not it is caused in part b a Party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Project Manager, his agents or employees arising out of the approval of drawings, reports, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Project Manager, his agents or employees, provided such giving or failure to give in the primary cause of the injury or damage. 29.WORKERS COMPENSATION INSURANCE As required by the Texas Workers' Compensation Commission Rule 28, 110.110, the Contractor shall also carry worker's compensation insurance. The Contractor's failure to comply with any of the provisions of this Rule will be considered a breach of contract by the Contractor. The City will have the right to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City, Bond Street Utility Improvements IV - 8 IV— Special Conditions The successful Contractor must provide a certificate of coverage to the City prior to being awarded the contract. if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must file a new certificate of coverage with the City Purchasing Division showing coverage has been extended. The Contractor shall obtain from each sub-contractor providing services on the project a certificate of coverage, prior to that person beginning work on the project. Sub-contractor certificates must also be submitted to the Purchasing Division. 30.WAGE RATES The successful contractor shall be required to comply with Chapter 2258 of the Texas Government Code with respect to the payment of prevailing wage rates. Chapter 2258 states contractors and subcontractors shall not pay less than the prevailing wage rate to all laborers, workmen, and mechanics employed by them in the execution of the contract. Contractors should familiarize themselves with the entire provision of this law and the penalties provided for its violation before submitting their bids. No portion of this provision shall be construed to prohibit the payment of more than the stated wage rate to any laborer, workman or mechanic employed on the project. It shall be the responsibility of the Contractor to maintain an adequate work force whether higher wages are required or not. The State of Texas has adopted the Federal Davis-Bacon wage rates for the use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. The U.S. Department of Labor web site may be accessed at www.access.gpo;aov to obtain the appropriate wage rates to be used in Tarrant County, Texas. It shall be the responsibility of the successful contractor to obtain the proper wage rates for Tarrant County for the type of work defined in the bid specifications. The City will audit the contractor and all sub-contractors employed by contractor to ensure they are paying the prevailing wage rate weekly. Contractor and all sub-contractors must submit certified payrolls on a weekly basis per the Contractor's Application that must be filed prior to bidding. In the event an audit is performed, the contractor shall be required to supply a certified copy of the records showing the prevailing wage rates have been met. 31.TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence,and in such manner as shall be most conducive to economy of construction; provided, however,that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal. The Contractor shall submit, at such times as may reasonably be requested by the Project Manager, schedules which shall show the order in which the Contractor proposes to carry on the Bond Street Utility Improvements IV- g IV--- Special Conditions work,with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 32. EXTENSION OF TIME Contractor shall give the Project Manager immediate notice in writing of any delay in completion of project. If the Owner decides an extension of time is justified, the Project Manager shall issue a written extension of time for completing the work. Extension shall be sufficient to compensate for the delay, 33. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE WORK ON TIME The Contractor agrees that, from the compensation otherwise to be paid, The Owner may retain the sum of Two Hundred Twenty-Eight Dollars ($228.04) for each calendar day after the agreed Date of Substantial Completion that the work remains not substantially complete, which sum is agreed upon as the proper measure of liquidated damages which the Owner will sustain per diem by the failure of the Contractor to complete the work at the time stipulated in the contract. This sum is not to be construed in any sense a penalty. 34. PRICE OF WORK The Owner agrees to pay the. Contractor for furnishing of all necessary labor, equipment and material, and the satisfactory completion of all work, the prices set forth in the Proposal hereto attached, which has been made a part of this contract. All materials embraced in the completion of this Contract must be in full conformity with the specifications and stipulations herein contained. 35. USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. The Contractor shall notify the Project Manager when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Project Manager, the Contractor shall furnish to the Project Manager in writing a detailed list of unfinished work. The Project Manager will review the Contractor's list of unfinished work and will add thereto such items as the contractor has failed to include. The"s ubstantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure of facility in accordance with the contract documents. 36. PAYMENTS WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify any certificate to such extent as may be necessary to protect himself from loss on account of: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payments properly to Sub-Contractors or for material or labor. Bond Street Utility Improvements IV- 14 IV— Special Conditions (4) Damage to another contractor. (5) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (6) Reasonable indication the work will not be completed within contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 37.TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Project Manager within ten (1 d) days after the Project Manager has given any directions, order or instruction to which the Contractor desires to tape exception. The Project Manager shall reply within ten (16)days to such written exceptions by the Contractor and render his final decision in writing. 38.ABANDONMENT BY CONTRACTOR If the Contractor shall fail to commence work within ten (30) calendar days after written notice to commence is served on Contractor or if the Contractor stops work or fails to pursue work in a timely fashion and fails to resume and pursue work in a timely fashion within ten (1 g) calendar days of a written notice of work stoppage or failure to pursue work in a timely fashion, or if the Contractor fails to comply with orders consistent with the contract documents, the Owner may declare the contract abandoned and direct the surety on the performance bond with a written notice to complete the work. A copy of the notice to the surety shall be served on the Contractor. After receiving the notice of abandonment, the Contractor shall not remove any materials or supplies from the job site. After the contract is declared abandoned, the Owner shall be entitled to pursue any legal remedy and to seek damages for breach of contract from the Contractor and, to the extent that it fails to honor its obligations under the performance bond, from the surety on the bond. 39. DURATION OF AGREEMENT AND PRICE ADJUSTMENTS The successful bidder will be awarded a twelve (12) month agreement effective the date of award. Prices are to remain firm for the twelve (12) month agreement period. At the City's option, the agreement may be renewed for four (4) additional twelve (12) month periods at a price proposed by the contractor. The Contractor shall submit the renewal proposal with price chances and justification to the Purchasing Department at least-sixty 60 da s 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 departments utilizing the contract.All areas of non-conformance shall be submitted in writing to the Purchasing Manager and must be corrected within 16 days from date of notification. After three non-conformance complaints the contract may be subject to cancellation. Bond Street Utility Improvements IV- 11 IV--Special Conditions The quantities listed are estimated quantities using the best information available. The City reserves the right to choose the items that will be purchased and to purchase more than or less than the quantities listed. Bond Street Utility Improvements IV_ 12 W--Special Conditions SPECIFICATIONS A. The Contractor shall provide and pay for all materials,supplies,machinery, equipment,tools, traffic control devices, superintendence, labor, services, insurance, and ail water, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents.All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. B. Contractor agrees that the City of North Richland Hills Public Works Department has the right to make all final determinations as to whether the work has been satisfactorily completed and meets all specifications. C. All construction work shall be inspected by the Public Works Department. No utility pipe or appurtenances shall be backfilled until an inspection is done by the Public Works Department. If the contractor falls to have the work inspected before backfilled,the contractor shall expose the pipe and re-backfll at the contractor's expense. D. All construction work shall be in accordance with the City of North Richland Hills Public Works Design Manual and the Standard Specifications for Public Works Construction for the North Central Texas(North Central Texas Council of Governments)Design Manual.The contractor shall meet all specifications as outlined by these two manuals. E. The Contractor shall be responsible for all costs to construct pay items and must furnish their own dump site for waste material removed. F. The Contractor is responsible for all street repairs, Trenches must be plated or backfilled with an all-weather surface course at the end of each work day. Permanent pavement repair shall be prodded within 21 calendar days of completion of utility work. G. The contractor is responsible for all property restoration (yards, street right-of-ways). This includes backfi€ling, top-soil, grass, mail boxes, irrigation systems, sprinkler heads, sign posts, signs or any other structures located on property or in the street right-of-way. No separate pay for restoration. H. Backfill material and top-soil shall be approved by the Public Works Department. The contractor is responsible for readjustment of sprinkler heads, mailboxes or any landscaping to match new grades at the repair site. I. The yard or street right-of-ways shall be restored to the original condition or better using sod of the same type grass that was removed from that area. All spoil dirt shall be removed from the surrounding area. The new sod shall be laid edge to edge to give full coverage unless property owner request gaps be left between the sod pads. Cut-in edges of pads to match existing ground elevations. The new sod pads shall be laid brick layer staggered fashion to prevent erosion. Bond Street Utility Improvements V_ 1 V— Specifications J. If yard restoration occurs during the non-growing months of November to March, a winter grass such as rye shall be planted to hold the soil. K. The Contractor shall complete the yard restoration by planting the new sod in the month of April. Working day charges will be stopped when the project is substantially complete, but two percent(2%)of the contract price will be retained until new sodding and yard restoration is complete. If sodding and yard restoration is not completed by April 15,working day charges will be resumed on April 16, and will continue until yard restoration is complete. L. if yard is equipped with an irrigation system, caution should be taken to preserve the system. If a portion of the irrigation system is damaged, it will be the responsibility of the Contractor, as part of the yard restoration, to repair or replace all broken parts and have the owner test the repaired system. No direct payment shall be made for the yard restoration. All irrigation damages, repairs or relocations shall be done by a licensed irrigation company or_person. No separate pay for irrigation repair. M. Contractor shall be responsible for supplying and replacing the barricades and shall conform to the Manual on Uniform Traffic Control Devices (MUTCD). No direct payment shall be made for the supplying and replacing of barricades. Payment shall be included in the unit price bid for related items. N. It is the contractor's responsibility to minimize sediment travel onto adjacent property or streets. Erosion control must be in place as shown on the plans or as directed by the Street Supervisor. The erosion control is to be maintained until sod has been established. ❑. The contractor shall remove all excess spoils from the road. There will be no overnight stock piling of materials either new or spoiled within the Public Rights of Way without prior approval. Bond Street Utility Improvements V_ 2 V—Specifications Explanation of Bid Items ADJUST EXISTING WATER LINE This item shall govern adjusting the existing water main to where it is in conflict with proposed improvements (curb inlets, storm drain lines, etc.). Water lines in conflict shall be adjusted to maintain a minimum 2 feet of vertical clearance and 25 horizontal clearance from all proposed utilities. Payment for this item shall be at the contract unit price "per each" location the water main is adjusted and shall include excavation, embedment, backfill, thrust blocking, bends, fittings, and all other appurtenances necessary for a complete adjustment. REMOVE FIRE HYDRANT Existing fire hydrant assembly shall be removed and salvaged where shown on the plans and shall follow the provisions of Item 203.3. Associated gate valve shall be removed and salvaged subsidiary to this bid item. The City maintains salvage rights on existing fire hydrants removed and shall provide a location for the contractor to transport the assembly. If The City does not wish to obtain the salvaged assembly, the contractor shall dispose of the assembly offsite in a lawful manner. Payment for Remove Fire Hydrant shall be on a"per each"basis and shall include excavation, removal, backfill, and transporting the fire hydrant assembly. ADJUST WATER VALVE TO GRADE This item shall govern adjusting the valve stack on water valves such that the finished elevation of the rim is flush with the grade of the proposed pavement, See NRH Detail 9VIl. Payment for this item shall be at the contract unit price "per each" water valve adjusted and shall include all materials including extension stems if necessary, equipment, labor, tools, and incidentals necessary to complete the work. ADJUST IRRIGATION CONTROL VALVE TO GRADE This item shall govern adjusting the valve stack on irrigation control valves such that the finished elevation of the rim is flush with the grade of the proposed parkway along Bridge Street. Payment for this item shall be at the contract unit price "per each" irrigation control valve adjusted and shall include all materials including extension stems if necessary, equipment, labor, tools, and incidentals necessary to complete the work. ADJUST WATER METER BOX TO GRADE This item shall govern adjusting existing water meter boxes such that the finished elevation of the top of box is flush with proposed grade. Payment for this item shall be at the contract unit price "per each"water meter box adjusted and shall include all materials, equipment, labor, tools, and incidentals necessary to complete the work. REMOVE WATER VALVE Existing water valves on main lines and fire hydrant leads shall be removed and salvaged where shown on the plans and shall follow the provisions of Item 203.3. The City maintains salvage rights on existing water valves removed and shall provide a location for the contractor to transport the assembly. if The Bond Street Utility improvements V_ 3 V-- Specifications City does not wish to obtain the salvaged assembly,the contractor shall dispose of the assembly offsite in a lawful manner. Payment for Remove Water Valve shall be on a"per each"basis and shall include excavation, removal, backfill, and transporting the water valve offsite. FIRE HYDRANT ASSEMBLY Fire hydrant assemblies shall be furnished and installed in accordance with Item 502.3 of the COG Specifications and City Specifications (Figure 3W-1). Fire hydrants shall be installed 2-foot to 3-foot behind the back of curb or edge of pavement. Payment for Fire Hydrant Assembly shall be on a "per each" basis and shall include fire hydrant, barrel extension (if required), 6-inch lead line and valve, concrete pads, concrete valve block, traffic button marker, thrust blocking, paint, and all other materials, equipment, labor, tools, and incidentals necessary to complete the work. SANITARY SEINER LINg (OPEN CUT) Sanitary sewer line shall be furnished and installed in accordance with Items 501.17, 504 and 507 of the COG Speciflcations and City Specifications. All sanitary sewer lines less than 12 feet deep shall be PVC SDR-35. All sanitary sewer lines deeper than 10 feet shall be PVC SDR-26. Should existing sanitary sewer main be disrupted, CONTRACTOR shall use bypass sewage pumping to avoid disrupting sewer flow during construction of the new sewer main. The cost of sewage pumping shall be subsidiary to this bid item. CONTRACTOR shall have pumps on the job site capable of handling the flow. All ditchlines shall be mechanically tamped with the cost incidental to this bid item. Backfill shall be places in 6"-8" loose lifts (12" maximum) and shall be compacted to 95% of the maximum dry density as defined by ASTM D-698 (Standard Proctor) procedures under existing and proposed pavement, and to 90% Standard Proctor procedures elsewhere. Densities shall be taken every one (1) lift at staggered hundred feet increments. The cost of cutting, plugging, and abandoning existing sanitary sewer lines is incidental to the unit cost of pipe. The ends of all abandoned lines shall be plugged with an adequate quantity of concrete to form a tight enclosure. All sanitary sewer lines shall be installed with a tracer wire. Payment for sanitary sewer line shall be by the linear foot and shall include excavation, embedment, backfill, tracer wire, testing, materials, equipment, labor, tools and incidentals necessary to complete the work. Road Street Utility improvements V_4 V-- Specifications CONNECT TO EXISTING SANITARY SEWER MANHOLE Payment for connect to existing sanitary sewer manhole shall be made for each connection made and shall be full compensation for making the connection. Connections shall be performed in a neat and Workmanlike manner and made watertight. Cleaning and bypass pumping, if necessary, will be performed at no extra cost to the Owner to permit the connection. Payment shall also include the cost of plugging abandoned connections. SANITARY SEWER MANHOLE AND EXTRA DEPTH Standard Sanitary sewer manholes shall be furnished and installed in accordance with Items 502.1 of the COG Specifications and City Specifications. Payment for standard sanitary sewer manholes shall be based on the number of manholes installed for each specified diameter and shall include excavation, materials, backfill, manhole tie-ins, and vacuum testing. Payment for extra depth for standard sanitary sewer manholes shall be made on the basis of the number of vertical feet of manhole in excess of 6-feet. CONCRETE ENCASEMENT Concrete encasement shall be installed at the location shown on the plans in accordance with Item 504.5.2.13 of the COG Specifications. Concrete encasement shall have a minimum dimension of six (6) inches around the pipe. Concrete for encasement shall be Type "B" — 2,000 psi compressive strength at 28 days. Payment for concrete encasement shall be by the linear foot actually installed and shall include supporting pipe and furnishing and installing concrete. PRE-CONSTRUCTION TELEVISION INSPECTION Pre-construction television inspection shall be performed on existing sanitary sewer lines in accordance with Items 507.6.2 and 507.2 of the COG Specifications. Cleaning and bypass pumping will be performed as necessary to allow the television inspection. Measurement and payment for pre- construction television inspection shall be on a per linear foot basis for the length of pipe actually inspected. Cleaning shall be considered subsidiary to this item. POST-CONSTRUCTION TELEVISION INSPECTION Post-construction television inspection shall be performed on all sanitary sewer lines in accordance with Item 507.5.2 of the COG Specifications prior to acceptance. The CONTRACTOR shall employ a firm qualified in the type of work to make the television inspections. The City's inspector shall be present during the television inspection. The CONTRACTOR shall furnish to the City a color videotape of all television inspections. Measurement and payment for post-construction television inspection shall be on a per linear foot basis. REMOVE EXISTING SANITARY SEWER LINE Existing sanitary sewer lines where shown on the plans to be removed shall became the property of the CONTRACTOR to be disposed in accordance with local, state and federal guidelines. Payment for "Remove Existing Sanitary Sewer Line" shall be on a "per linear foot" basis and shall include excavation, pipe removal and disposal, pipe cutting and plugging, backfill and all labor and materials necessary to remove the existing line, Bond Street Utility Improvements V_ 5 V— Specifications REMOVE EXISTING SANITARY SEWER MANHOLE Existing sanitary sewer manholes to be removed shall become the property of the CONTRACTOR to be disposed in accordance with local, state and federal guidelines. Payment for "Remove Existing Sanitary Sewer Manhole" shall be on a "per each" basis and includes the complete removal and disposal of manholes, manhole lids, rings, concrete cones, concrete walls, concrete bases, piping, and plugging the ends of the sanitary sewer mains to be abandoned with an adequate quantity of concrete to form a tight enclosure where specified, and backfilling the remaining hole to match surrounding grades or as specified. SANITARY SEWER SERVICE Furnish & Install 4-Inch PVC Sanitary Sewer Service. Four(4") inch sewer pipe covered by this bid. item shall be furnished and installed in accordance with the applicable portions of Specification 501.17 "Polyvinyl Chloride (PVC)Wastewater Pipe & Fittings with Dimension Control." The Contractor shall furnish PVC Sewer Pipe (ASTM ❑ 3034 DR 35)as specified The price per each shall include all labor, equipment and materials necessary to complete the work including excavation, embedment, backfill, internal inspection, and testing. Plan quantities based on centerline of proposed pipe to right-of-way. ADJUST EXISTING SANITARY SEWER MANHOLE TO GRADE This item shall govern only for adjusting existing manholes to grade on existing sewer lines to remain under street construction. The cost of adjusting proposed manholes to grade is incidental to the unit cost of the manhole. Adjustments shall be made with grade rings. Rings and lids shall be salvaged and reused. Measurement and payment shall be on a "per each" basis for those manholes actually adjusted. WATER LINES (BY OPEN CUT) Water line shall be furnished and installed in accordance with Item 506 of the COG Specifications and City Specifications.Water lines 6-inch through 12-inch diameter shall be AWWA C900 PVC, Class 150 DR 18, blue in color. Water lines greater than 12-inch in diameter shall be AWWA C905 PVC, Class 235 DR 18, blue in color. The cost of trench excavation, embedment and backfill is incidental to this bid item. All ditchlines shall be mechanically tamped with the cost incidental to this bid item. Backfill should be placed in 6"-8"loose lifts (12" maximum) and shall be compacted to 95% of the maximum dry density as defined by ASTM 0-698 (Standard Proctor) procedures under existing and proposed pavement, and to 90% Standard Proctor procedures elsewhere. Densities shall be taken every one (1) lift at staggered hundred foot increments, The cost of fittings and thrust blocking is incidental to the unit cost of pipe.The cost of cutting, plugging, and abandoning existing water lines is incidental to the unit cost of pipe. The ends of all abandoned lines shall be plugged with an adequate quantity of concrete to form a tight enclosure. Measurement and payment shall be made per linear foot of pipe installed or the various sizes. The unit price for this bid item shall consist of all materials, equipment, labor, tools, and incidentals necessary to complete the work. Bond Street Utility Improvements V- 6 V— Specifications WATER SERVICE LINES Water service fines shall be replaced from the main to the meter. Water services shall be furnished in accordance with Items 501.10, 504 and 505 of the COG Specifications and City Specifications. New meter boxes shall be furnished and existing meters salvaged and reused. Payment shall he on a "per each" basis for the size of service installed (short or long side) (single or double meters) and shall include the meter boxes and connection to the existing service. REMOVE EXISTING WATER LINE Existing water lines shown on the plans to be removed shall become the property of the CONTRACTOR to be disposed in accordance with local, state and federal guidelines. Payment for "Remove Existing Water Line" shall be on a "per linear foot' basis and shall include excavation, pipe removal and disposal, pipe cutting and plugging, backfill and all labor and materials necessary to remove the existing line. RELOCATE EXISTING WATER METER Existing water meters shall be relocated where shown on the plans and shall be located per Figure 4W. The existing meter, box and appurtenances shall be removed. The existing meter and appurtenances shall be reinstalled at the proposed location and connected to the proposed service. The water service leading up to the relocated meter and new meter box shall be paid under a separate item. Payment for Relocate Existing Water Meter shall be on a "per each" basis and shall include removal, reinstallation, excavation, backfill, disposal of meter box, labor and all incidentals to relocate and connect the water service and appurtenances. RELOCATE EXISTING BACKFLOW PREVENTER Existing backflow preventer shall be relocated where shown on the plans. The existing backflow preventer and appurtenances small be removed and reinstalled at the proposed location and connected to the proposed service,The water service leading up to the relocated backflow preventer shall be paid under a separate item. Payment for Relocate Existing Backflow Preventer shall be on a "per each" basis and shall include removal, reinstallation, excavation, backfill, labor and all incidentals to relocate and connect the backflow preventer and appurtenances. CONNECT TO EXISTING WATER LINE Connection to existing water lines shall be made in accordance with Item 501.10 of the COG Specifications. CONTRACTOR shall coordinate shutdown of water lines with City personnel. Excavation to locate exact end of pipe shall be the responsibility of the CONTRACTOR. Measurement and payment shall be "per each"existing water line connection performed and shall include necessary fittings, removal of thrust blocking, materials,equipment, labor, tools,shutdown of the line, end of pipe locating, and incidentals necessary to complete the work. Bond Street Utility improvements V_ 7 V— Specifications CONNECT TO EXISTING VAULT Payment for connect to existing vault shall be made "per each" vault connection performed and shall include necessary fittings, materials, equipment, labor, tools, end of pipe locating, and incidentals necessary to complete the work. GATE VALVES Gate valves shall be furnished and installed in accordance with item 502.6.6.1 of the COG Specifications and City Specifications. The CONTRACTOR shall be paid for each valve installed, including box and lid. TAPPING SLEEVE AND GATE VALVE Tapping sleeve and gate valves shall be furnished and installed in accordance with Item 502.10 of the COG Specifications. The CONTRACTOR shall be paid for each tapping sleeve and gate valve furnished and installed and shall include all materials, equipment, and labor necessary to pressure tap existing water lines. TRENCH SAFETY On this project,where the trench excavation is in excess of five feet in depth, Trench Excavation Safety Protection under this bid item shall be accomplished in accordance with the Occupational Safety and Health Administration's (OSHA) Standards for trench safety that will be in effect during the period of construction of the project. The Contractor is required to receive from OSHA such OSHA Standards for trench safety. The contractor shall employ all competent persons and registered professional engineers required to comply with all the provisions of the OSHA Standard for trench safety. Excavation for manholes shall also be considered to be trench excavation for the purpose of excavation safety protection. This item shall govern trench safety for storm sewer, water, and wastewater. MEASUREMENT AND PAYMENT: Payment for this item shall beat the contract unit price per linear foot of trench excavation safety protection and shall be full compensation for all labor, materials, designs, inspections, equipment and necessary appurtenances required to produce a project-specific trench safety plan, complete the work and for taking all other measures required to comply with the OSHA Standards for trench safety that will be in effect during the period of construction of the project. ASPHALT PAVEMENT REPAIR This item shall govern saw cutting and removing existing asphalt and installing a permanent asphalt pavement repair (Figure 15P-1) along utility trenches. Only the necessary amount of existing pavement shall be removed to install the proposed utility. Contractor shall dispose the removed asphalt pavement in accordance with local, state and federal guidelines. Payment for Asphalt Pavement Repair shall be made on a square foot basis. Saw cut, removal, and replacement of asphalt pavement beyond limits approved by Public Works shall be at the Contractor's expense. Bond Street Utility Improvements V- 8 V— Specifications "FtH CITY OF NORTH RICHLAND HILLS GENERAL NOTES 1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH THE. CITY OF NORTH RICHLAND HILLS' STANDARDS AND SPECIFICATIONS. WHEN SILENT, THE CURRENT "PUBLIC WORKS CONSTRUCTION STANDARDS" ADOPTED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) SHALL GOVERN. 2. UTILITY CONTRACTOR AND STREET CONTRACTOR ARE TO NOTIFY A CITY TECHNICAL CONSTRUCTION INSPECTOR AT (817) 427-5440, AT LEAST 48HOURS PRIOR TO BEGINNING CONSTRUCTION. 3. ALL CONSTRUCTION BARRICADING TO BE IN ACCORDANCE WITH CURRENT "TEXAS MANUAL. ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS" GUIDELINES. 4. DEVELOPER / CONTRACTOR IS RESPONSIBLE FOR COORDINATING PERMISSION FROM TXDOT FOR ANY WORT( IN STATE ROW. 5. ALL MANHOLE LIDS SHALL BE PAINTED BLACK. 5. PRIOR TO FINAL ACCEPTANCE OF A DEVELOPMENT, THE CITY MAY REQUIRE A FIELD SURVEY PROVIDED BY A REGISTERED PROFESSIONAL SURVEYOR TO VERIFY THAT THE AS-BUILT COORDINATES MATCH THE APPROVED DESIGN. WATER: 7. ALL WATER MAINS SHALL BE PVC AWWA-C900, DR18, CLASS 150. B. GATE VALVES SHALL CONFORM TO ANSI/AWWA C509-87J. 9. CITY ORDINANCE PROHIBITS ANYONE (OTHER THAN CITY EMPLOYEES) FROM OPENING OR CLOSING A WATER VALVE WHICH IS PART OF THE ACTIVE SYSTEM, 10. ALL FITTINGS SHALL BE RESTRAINED WITH ANCHORING COUPLINGS OR RESTRAINING HARNESSES. 11. ALL FITTINGS SHALL BE WRAPPED WITH 8 MIL POLYVINYL PLASTIC. 12. WATER SERVICES SHALL NOT BE DIRECTLY CONNECTED TO WATER MAINS SIXTEEN .(15") INCHES IN DIAMETER OR GREATER. 13. THE MINIMUM HORIZONTAL SEPARATION BETWEEN ANY WATER MAIN AND A STORM DRAIN FACILITY SHALL BE EQUAL TO 2.5 FEET OR HALF THE DEPTH OF THE WATER LINE, WHICHEVER IS GREATER. 14. ROUTE WATER LINES AROUND STORM DRAIN INLETS WITH A MINIMUM OF 12" CLEARANCE OUT-TO-OUT. 15. MINIMUM DEPTH OF COVER OVER ALL WATER MAINS SMALLER THAN TEN (10") INCHES IN DIAMETER SHALL BE THREE (3) FEET. MINIMUM DEPTH OF COVER FOR WATER MAINS TEN (10") INCHES AND LARGER SHALL BE THREE AND ONE-HALF (3.5') FEET. 16. DETECTOR CHECK ASSEMBLY SHALL BE LOCATED IN AN UNDERGROUND VAULT WITHIN A WATER LINE EASEMENT. DETECTOR CHECK EQUIPMENT SHALL NOT BE LOCATED WITHIN BUILDINGS. 17. A BILCO LID K--5 (3.5' x 15) OR APPROVED EQUAL IS REQUIRED ON DETECTOR CHECK VAULTS. A TRAFFIC-RATED LID (CERTIFIED AS TRAFFIC-RATED BY THE MANUFACTURER) IS REWIRED WHEN VAULT IS LOCATED IN AN AREA SUBJECT TO VEHICULAR TRAFFIC. 18. ALL PORTIONS (EXCLUDING CHAINS) OF FIRE HYDRANT ABOVE GRADE SHALL BE PAINTED WITH TNEMEC SERIES 02H HI-BUILD TNEME-GLOSS. COLOR: CHILEAN RED. GENERAL NOTES (1 OF 3) 19. BLOW-OFF HYDRANTS ARE TO BE SURROUNDED WITH HIGH-VISIBILITY NORTH CONSTRUCTION FENCING FOR THE DURATION OF CONSTRUCTION ACTIVITY, RICHLAND HILLS R 9-01-2015 FIGURE IM--1 Bond Street Utility Improvements V_ 9 V---Specifications CITY OF NORTH RICHLAND HILLS GENERAL NOTES SANI-TA13Y SEWER; 20. ALL SANITARY SEWER PIPE SHALL BE SDR 35 PVC (ASTM D-3034), UNLESS THE LINE IS DEEPER THAN 10 FEET, THEN SDR 26 PVC SHALL BE USED. 21. ALL SANITARY SEWER LIMES ARE TO HAVE ONE JOINT CENTERED BELOW WATER MAIN CROSSINGS. 22. WHEN PLACING A NEW SANITARY SEWER MANHOLE OVER EXISTING VITREOUS CLAY PIPE, INSTALL NEW PVC PIPE ACROSS THE MANHOLE AT A LENGTH TO BE ❑ETERMINED BY THE CITY REPRESENTATIVE. 23. SEWER MAINS WHICH REQUIRE MORE THAN AN EIGHTEEN (18") INCH DIFFERENCE IN FLOW LINES MUST BE ACCOMODATED WITH A FIVE (.5') FOOT DIAMETER MANHOLE WITH AN INTERNAL ❑ROP. 24. ALL SANITARY SEWER MAINS SHALL END IN A MANHOLE. CLEANOUTS WILL NOT BE ALLOWED. 25. THE MINIMUM HORITZONTAL SEPARATION BETWEEN ANY SANITARY SEWER MAIN AND A STORM DRAIN FACILITY SHALL BE EQUAL TO 2.5 FEET OR HALF THE DEPTH OF THE SANITARY SEWER, WHICHEVER IS GREATER. 26. THE MAXIMUM DEPTH FOR ALL SEWER SERVICE SHALL BE 10 FEET. 27. INDIVIDUAL 4" SANITARY SEWER SERVICES WILL NOT BE PERMITTED IN MANHOLES WITHOUT THE EXPRESS PERMISSION OF THE PUBLIC WORKS DEPARTMENT. 28. A MANHOLE MUST BE PROVIDED AT THE MAIN FOR ALL 6" AND LARGER SANITARY SEWER SERVICES. 29. SERVICES WHICH ARE CONNECTED TO MANHOLES SHAH BE INSTALLED A MINIMUM OF 8 INCHES ABOVE THE MAIN FLOWLINE. DRAINAGE: 30. ALL STORM DRAINAGE PIPE SHALL BE ASTM C-76, CLASS III REINFORCED CONCRETE, UNLESS NOTED OTHERWISE. 31. ROCK RIP RAP RUBBLE SHALL USE 12" (MINIMUM) ROCKS AND BE GROUTED SO THAT 6" OF THE ROCKS ARE EXPOSED. 32. NO PRECAST INLETS ARE PERMITTED FOR PUBLIC DRAINAGE SYSTEMS. STREETSCAPE: 33. ALL STREET FEATURES (TRAFFIC SIGNALS, POLES, STREET LIGHTS, STREET SIGNS, ETC.) MUST BE DESIGNED IN ACCORDANCE WITH CURRENT ADOPTED STANDARDS. CONTRACTOR SHALL CONTACT THE PUBLIC WORKS DEPARTMENT AT (817)--427-6400 FOR A CURRENT LIST OF APPROVED STREETSCAPE MATERIALS. PAVING, 34. ALL PAVEMENT FOR PUBLIC STREETS MUST BE CONSTRUCTED USING A PAVING MACHINE. 35. "CURB RAMPS" ARE TO BE CONSTRUCTED ON ALL PERMENANT CURB RETURNS AT INTERSECTIONS OF ALL STREETS OR AS DIRECTED BY THE PUBLIC WORKS ❑EPARTMENT. GENERAL NOTES (2 OF 3) NORTH RICHLAND HILLS R 7-01-2009 FIGURE 1M-2 Bond Street Utility Improvements V_ 1 Q V-Specifications CITY OF NORTH RICHLAND HILLS GENERAL NOTES 36. ALL CONCRETE SHALL BE CLASS "C" CONCRETE AND SHALL HAVE 4.5 LB/IN OF CEMENT/SY, MAXIMUM SLUMP OF 5 INCHES, AND A 3600 PSI COMPRESSIVE STRENGTH AT 78 DAYS, UNLESS SPECIFIES OTHERWISE. CONCRETE SHALL BE PLACED WHEN TEMPERATURE IS 357 AND RISING, IF THE TEMPERATURE IS 407 AND FAWNG THEN PLACEMENT SHALL BE STOPPED. NO FLYASH SHALL BE ALLOWED IN THE CONCRETE MIX. 37. OPEN CUTTING PAVEMENT TO INSTALL NEW UTILITIES IS NOT ALLOWED. THE CONTRACTOR MUST BORE THE UTILITY CINDER THE EXISTING STREET AND USE IS AT A MINIMUM ASS 51 STEEL. SPACERS—INCHSHALL BE USED TOEEL ENCASEMENTPIPE CEN RA THE UTILITY PIPE INTHE ENCASEMENT PIPE AND THE ENCASEMENT PIPE SHALL BE GROUTED AT THE ENDS. 38. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPLACING TEMPORARY STREET PATCHES INSTALLED ON PUBLIC STEEETS WITH PERMENANT REPAIRS WITHIN 21 CALENDAR DAYS OF OPEN CUTTING THE STREET, OR AS DIRECTED BY THE ASSISTANT PUBLIC WORKS DIRECTOR. 39. TRAFFIC LANE MARKINGS SHALL BE INSTALLED WITH APPROVED RAISED MARKINGS (TRAFFIC BUTTONS TYPE 1C, 1A, ETC.) UNLESS OTHERWISE APPROVED BY THE PUBLIC WORKS DEPARTMENT. ALL PAVEMENT MARKINGS "LEGENDS" SHALL BE INSTALLED WITH APPROVED THERMOPLASTIC MARKINGS, GRADING/EARTIA—WORK/EROMN 40, ALL AREAS DISTURBED DURING CONSTRUCTION, INCLUDING AREAS OUTSIDE THE CONSTRUCTION BOUNDARY, ARE TO BE SEEDED, HYDROMULCHED, OR SODDED TO RE—ESTABLISH VEGETATION (AT LEAST 70%) PRIOR TO FINAL ACCEPTANCE. A CUMULATIVE APPROACH WHERE A PORTION OF THE DISTURBED AREA IS 10D90 VEGETATED AND OTHER AREAS ARE LEFT BARE IS NOT ACCEPTABLE. 41. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COST OF.A MAXIMUM NUMBER OF PASSING FIELD DENSITY TESTS ON LIME STABILIZED SUBGRADE EQUAL TO THE RATIO OF 1 PER 100 LINEAR FEET OF STREET AND ALL FALING DENSITY TESTS AND REQUIRED MOISTURE--DENSITY CURVES. 42. ALL FILL SHALL BE COMPACTED TO 95% OF THE MAXIMUM DRY DENSITY AS DETERMINED BY THE STANDARD PROCTOR METHOD (ASTM--698). 43, STOCKPILING OF EXCESS FILLS WILL NOT BE ALLOWED WITHIN CITY LIMITS WITHOUT OBTAINING A FILL/EXCAVATION PERMIT. 44. PARKWAY GRADING SHALL NOT RESULT IN SLOPES GREATER THAN 4' HORITZONTAL TO V VERTICAL (4:1). 45. ALL PARKWAY GRADING SHALL BE COMPLETE IN ACCORDANCE WITH THE APPROVED PLATS PRIOR TO THE CITY ACCEPTING THE PROJECT. 46. A ROW OF CURLER MATTING (OR APPROVED EQUAL) OR SOLID SOD SHALL BE PLACED BEHIND THE BACK CURB IN PARKWAYS. 47. SLOPES CRETED BY EXCAVATION OR FILL SHALL NOT EXCEED 3' HORITZONTAL TO 1' VERTICAL (3:1) FOR A PERIOD MORE THAN 120 DAYS. IF LONGER THAN 120 {SAYS THE SLOPE SHALL NOT EXCEED 4' HORIZONTAL TO 1' VERTICAL (4:1), * GENERAL NOTES (3 OF 3) 48, ALL STATE AND LOCAL REQUIREMENTS MUST BE MET PERMITTING TO STORM WATER POLLUTION PREVENTION PLANS (SWPPP). NORTH RICHLAND HILLS R 07--01-2009 FIGURE 1m-3 Bond Street Utility Improvements V_ 9 I V—Specifications MISCELLANEOUS TRENCH EMBEDMENT AND BACKFILL DETAILS NOT W SCALE NATIVE TRENCH MATERIAL NATIVE TRENCH MATERIAL (NO ROCKS OVER S W DIA.) (NO ROCCS GVER r N Olk> a ?7Lr �"'•+� `a hliH: i at ON NO ROCKS LARGER SAND THAN 1"DIA. 11�i N!H' ASTN C-7E RcP �EDIROCK '�'•' ,-..s,� }A"�+3",�'"�'"f WASFIEb ROCt[ BELOW PIPE AS BEDDING NORMALLY AWWA C-1900 DR•-18 CIdSS T5O PVC WATER STORM DRAIN INSTALL TRAGKG WRE ON NEW TRUN LLYES NATIVE TRENCH MATEWAL tNO RO=OVER 3'IN DIA.) C04ERAL NOTES.` '.tY'�•!�fr .F` i"?' t.ALL TRENCH DAWU SHALL BE COMPACTED W 95X STANDARD �:'.C.:�W"Y �i•-±^`.'s_I =• PROCTOR DAY DENSITY(ASW D-M). ��"���� � �y'•.� 2.NECHl4h1CJW,Y COSIPACIED 7REHCH >`,_�? 12'I�g17.'•^ PEA(RAVEL BApSNLL SHALL BE PLACED IN NG OR pill)CHAT CHEATER THAN C UFM. TESIIIG r•��" ''� V�`.7�1" SHALL BE AT THE RATE OF ONE TEST PER LFT PER OW FMOF TRENCK, ' +NI B'LRi#.-. AND WlU E CITYS ROTATIVE ,�►; * r• ��V. REQLMS AM7IOHAL TESTS. DRAIN WFE�T TTPE1 F O g�YRI1p1LpC !.}i.l r•�}V.' woRKS A spwnO nowmEHT h HAC t l DETAIL NIL NEED W BE MON1IiIEO AND APPROVED SY THE CITY. 4.INSEONERT W BE IN COMPLIANCE IMTH CURRENT TCEO PMRENEH75. NORMALLY SDR 35 PVC -OVER NY DEV.USE SDR 26 PVC TRENCH EMBEDMENT & BACKFILL DETAILS SANITARY SEWER NORTH RICHLAND HILLS R 07--01-2009 FIGURE 3M Bond Street Utility Improvements V- 12 V—Specifications iSi�II! I �' �444Y�J11i n SAW OJT E%tST:HMACTYPE PwT. '0'HMAG V DEEP CMIRACTiON GRADE CLAW A'CONC. � ST.MITN CRACK SEALER BASE BLOCK Exsr.Doric. PHIT. VALVE BOX 4 'A'A Ri 0.A r 1I VALVE BOX to 00%ER , COVER To EE ' CONC BASE !i i TO BE'BA55&MAYS i II RASS4G—Se HAYS COHG BASE A II 8'AWWA C-900 IF VALVE OPERAANO NUT I OR—W CUSS IS MORE THAN S BELOW ISO PvcPAVEMENT OR EARTHEN 1:; SURFACE—PRDMDE EXTENSOR SfEIA TO V BE14W SURFACE VALVE WATER LNE LINE VALVES WITHIN ROADWAYS VALVES IN YARDS OR OTHER AREAS OR OTHER PAVED OR SURFACED AREAS NOT SUBJECT TO TRAFFIC CONCRETE PLUG 71-AUST BLOCK$ NDTES: I. CLASS "A" CONCRETE SHALL SHALL HAVE 5 SACKS OF CONCRETE CEMENT/C.Y., MAXIMUM SLUMP .;+ .':' •: OF 5 INCHES, AND A 3000 ' PSI COMPRESSIVE STRENGTH AT 28 DAYS. .I Z ALL ITEMS SHOWN INCLUDED W EN IN VALVE Ar BOX UNIT PRICE, COMPLETE iN PLACE. 3. ALL WATER VALVES SHALL MEET THE MINIMUM REQUIREMENTS OF AWWA C509 AND SHALL BE aroNcsrETE FOR MUELI , U.S. P#PE, MOH OR VYATEROUS. ST BLOCKS CONCRETE �sH,v BE CLASS'e 4. MEGA LUGS ON ALL FITTINGS. TKRUST 5. USE VALVE BOX STABILIZER BLOCKS FOR VALVES IN PAVEMENT OR AS SPECIFIED BY CITY REPRESENTATIVE. +I VALVE & THRUST BLOCK DETAILS NORTH RICHLAND TYPICAL THRUST BLOCK DETAILS HILLS R 09-24-2018 FIGURE 1 W Band Street Wility Improvements V- 13 V-Specifications WATERLINE I I • I GENERAL NOTES: € I I. ALL TEE INTERSECTIONS OF II I PUBLIC WATER MAINS SHALL INCLUDE AT LEAST 2 GATE VALVES. FACE I CURB I 2. ALL CROSS (DOUBLE-TEE; NO CROSS nTTTNGS ALLOWED) INTERSECTIONS OF PUBLIC WATER MAINS SHALL INCLUDE AT LEAST 3 4- SIDEWALK GATE VALVES I VALVES SHALL NOT BE LOCATED f IN SIDEWALKS. CURBS OR RAMPS I UNLESS APPROVED BY PUBLIC WORKS o 4. LOCATION OF WATERLINE NOT INDICATIVE OF LOCATION REQUIREMENT. I v I PR OSED R VAL E (TYP.) — A ❑.. Ll d 4 d 4 i T7 I a I 10' WN. TYPICAL VALVE LOCATIONS DETAIL OF VALVE LOCATIONS AT STREET INTERSECTIONS NORTH RICHLAND HILLS R 03-02-2015 FIGURE 2W Bond Street Utility improvements V- 14 V— Specifications m 1? PENTAGON OPERATING 0NUT. OPERATING NUT SHALL 24' Q 36" 0 OPEN TO THE LEFT, n o QL1 cY.� m FIRE HYDRANT NOTE: DEPTH OF HYDRANT AS SPEGiFiEti ® LEAD AND BURY OF HYDRANT SHALL CONFORM TO GALVANIZED COVER OF PIPE AS SPECIFIED CHAIN O x GRADE TO BE °p [ 5X WITHIN 3' 2" MIN. OF HYDRANT 6" MAX. ALL SIDES 2 C.F MIN. GRAVEL FILL O O �p z M.J. X FLG TEE POURED CONC. pQ0 THRUST BLOCK— ����a��,�:.t• PROTECT DRAIN OPENING R. Ycr� ;'• qq V N...W pQ0 VW PRECAST CONCRETE BLOCK 6" M.J. x FLG OR BRICK BASE SLAB FIRE HYDRANT DETAIL {SEE GATE VALVE {SEE FIGURE 1W FOR N.T.S. INSTALLATION) GENERAL NOTES: 1. CONCRETE SHALL BE PLACED OR POURED AGAINST UNDISTURBED SOIL. 2. ALL FIRE HYDRANTS SHALL CONFORM TO NORTH RICHLAND HILLS SPECIFICATIONS AND SHALL BE MUELLER/CENTURION, M&H MODEL 129 OR WATEROUS PACER MODEL W13-67-250. 3. NO SEPARATE PAY FOR EXTENSIONS TO FINISHED GRADE. 4. ALL PORTIONS (EXCLUDING CHAINS) OF FIRE HYDRANT ABOVE GRADE SHALL BE PAINTED WITH TNEMEC SERIES 02H HI—BUILD TNEME—GLOSS. COLOR: CHILEAN RED. 5. ROMAGRIP 5' RC—PVCAP—D ON ALL FITTINGS. 6. ACTUAL VALVE LOCATION WILL DEPEND ON LOCATION OF WATER MAIN. 7. FIRE HYDRANT NO CLOSER THAN 18" TO EXISTING OR PROPOSED SIDEWALKS, (TYPICAL) 8. BURY DEPTH SHALL NOT EXCEED 7—FEET. S. FIRE HYDRANT SHALL BE PLACED ON THE EXTENDED LOT LINE WHEN POSSIBLE. WHEN CO—LOCATED WITH WATER METERS AT THE LOT LINE SEE FIGURE 3W-2. 10. ALL BELOW GROUND IRON ASSEMBLIES SHALL BE WRAPPED IN 8MM THICK POLYETHYLENE ACCORDING TO AWWA C105. 11. FIRE HYDRANT SHALL BE LOCATED A MINIMUM OF 1—FOOT OUTSIDE OF THE AREA BETWEEN THE P,C.'S OF THE CORNER TURNING RADIUS AT INTERSECTIONS. 12. FIRE HYDRANT SHALL BE AT LEAST 42—INCHES FROM ANY ABOVE GROUND OBSTRUCTIONS SUCH AS GUARDRAILS, RETAINING WALLS, BOLLARDS, FTC. FIRE HYDRANT DETAILS 13. ALL HYDRANTS SHALL OPEN BY TURNING THE OPERATING-STEM NUT TO THE LEFT (COUNTER- CLOCKWISE). A CLEARLY VISIBLE CURVED ARROW NORTH AND THE WORD "OPEN" SHALL BE CAST IN RELIEF ON TOP OF THE HYDRANT TO INDICATE THE RICHLAND DIRECTION OF OPENING. HILLS 08-02-2021 FIGURE 3W-1 Bond Street Utility Improvements V - 16 V— Speciffcatlons � f $ X3 w ff 33 L E- 2:1g o aWi 2 f a cA o W I � Q Sin ua3doad �+n wr�eow r L fr 1- f �n w.%da — s+n u aetraa /`A q Y pA 0 0 o o -- r xuo uuwow 3Nn Ala3MM �� Y ern ua3duM 3 Bona Street Utility Improvements V- 16 V—Specifications NOTES 1.IF SERVICE IS INSTALLED AHEAD ITEM QUANTITY PART NUMBER OF CURB AND GUTTER,CUT AND N0. SENGLEIDOUBLEI DESCRIPTION OSITION FARO MUELLER g`J0%NN BUPE T BEN)D TO FIT POW ABOUT 1. } t 1" 90'BRASS ELBOW, FLARE yy 5 INCHES TO Ulff MIZE CHANCES COPPER X M.I.P.. (QTR. BEND) �- -w OF DAMAGE DURING CONSTRUCTION OF CURB AND GUTTER. SEBVICC 2. BALLVALVE C8. STOP, w1_wirn,- 3M 8 LINE COVER MINIMUM 241NCKM F.I.F. %F.I.P, 2020ON UNDER STREET SUBERADE AND 3. 1 1"x3 4'x7 1 U-URANCH H 15362N MINMIUM 12 INCHES UNOM BOTTOM OF CURB Alit CUTTER. 4, l 2 3/4' SALLVALVE C8. STOP, 250$ 7,CORT,iACTIXi FURNISHES ALL PARTS F.1.P, X METER YOL{C +nA-s1za 24351-3 5. 1 2 3 4'x2 1 2' METER COUPLING �`-'�' gar, AIL IMUUS SHALL BE INSTSTED AT HIS ALLED 8. 1 1"x3/4" BRASS REDUCER BUSHING gfl24fi4 BY CONTRACTUR UZEPT ITEAH S (ftEOUGNG SPUD 1.tfP % VIP) VA4104�-BE GIVER TO CONST. INSPECTOR AND INSTALLED BY ALL THREAD BRASS NIPPLE _ CITY FORCES. 3.RECESSED AMR HOLE IN N1:TER BD%SHALL BE PLACED NEAREST THE BACK OR CURB. EWAL. - '�W2 .4 �t •��f'. 7 1 2'F �� STMEA SERVI UNE BY MERE B 7 � I U[lE FlOx FVAMSH�0 t INSTALLED BY CONTRACTOR DFW NDS C15 AWN-DU OLSB SINGLE WATER SERVICE SECTION 1-013 BLUE RME WATER DUPE w/FACTOR INSTALLED SEE PLANS FOR TRACER UK ASTM D3035 PE 47 6 LOCATCN OF WATER VAIN n 2 �---- a g CUSTOMER SERVICE LINES BY OTHERS RQDLE T. J FORD 001E5-Ica 3 11UELLER OW-CC TAP CCf,PORAlION FBDO-NE-NL OA FT COD-4-C-NL DOUBLE WATER SERVICE PLAN SERVICE LIRE WHEN 2 4 6 MAN 15 ON OPPOSITE 3 =E OF STRICT 7 E 1'CTS BLUE IiDPE WATER PIPE 1 13 W/FACTOR HNSTALLED TRACER TARE N A$TY=5 PE 4710 WATER SERVICE CONNECTION DETAILS SINGLE AND DOUBLE DOUBLE WATER SERVICE SECTION NORTH RICHLAND HILLS FIGURES 4W-1 & 4W-2 TG BE USED TOGETHER 21 2D21 RGURE 4W---1 Band Street Utility Improvements V- 17 V—Specifications 5T STREET R:D.W. USUAL OTHER W DTHS 51WLAR SfDEWALK SIDEWALK D1SAMR W5AMR CURE CUSTOMER SERVICE IJW£S I' POLY CUSTOMER SERMCE HY CONTRACTOR SERVICE BY OTHERS BY OTHERS TYPICAL STREET SECTION WATER MAIN NOTES: 1- SINGLE BAND STRAP FOR 1" TAP. DOUBLE STRAPPED BRONZE OR STAINLESS STEEL FOR LARGER THAN I" SERVICE SADDLE SHALL BE USED FOR ALL SERVICE TAPS. AWWA C800 SADDLE MUST BE DESIGNED FOR PIPE MATERIAL BEING TAPPED. 2• SERVICES SHALL BE CONTINUOUS WITH NO JOINTS FROM CORP. STOP TO QUARTER BEND, 3. METERS SHALL NOT BE LOCATED IN SIDEWALKS, DRIVEWAYS, OR OTHER AREAS SUBJECT TO VEHICULAR. TRAFFIC, OR WITHIN 3' OF DRIVEWAYS OR STREETS, 4. ALL COPPER FITTINGS SHALL BE COMPRESSION FITTINGS WITH LINER/STIFFENER (STAINLESS STEEL„ MIDST HE A STIFFENER RECOMMENDED BY COMPRESSION FITTING MANUFACTURER. TAPS SHALL BE 1" MINIMUM. 5. METERS AND TAPS SHALL BE LOCATED ON SAME SIDE OF MAIN. 6• TRACER WIRE SHALL BE 10 AWG (AVERAGE WIRE GRADE). HDPE COATED SINGLE STRAND COPPER CLAD STEEL TO BE INSTALLED CONTINUOUSLY (NO SPLICING ALLOWED) FROM THE WATER MAIN TO THE METER BOX. B" EXPOSED IN THE METER BOX ABOVE QUARTER BEND. 7• TYPE "K" SOFT COPPER SERVICES TO BE USED FOR GAS STATIONS AND OTHER SITES WHICH USE GASOLINE AND OTHER HYDRO CARBONS, WATER SERVICE CONNECTION DETAILS SINGLE AND DOUBLE N*RTH RICHLAND HILLS FIGURES 4W-1 & 4W-2 TO BE USED TOGETHER 7 21 2021 FIGURE 4W--2 Bond Street Utility Improvements V- 18 V—Specifications )M §}2§ )7d< §-Se § m * om ];xcam w $ #/}§ . EkdaN =z•�' 0 § b\ \/ }/ ,m §2rG2 �m� 0 rk =@3 $ . . §tCA `e3\8§ ��oz% . . . x )\`ou< O Q wLd ®`§2/§ . . 0 )Ld /%2\§§ q &mg» 6Ka°r � q / a}g)�n � §Ee2c(§ h /Barb)§ r@ / � 4 E � (LO / o u} c 0 [ g0 (L 2 ° g ) O 0 0 � §o O k\ Lu a. \ U ({ \\j 0 gm/ 0 ]( °\( kn WATER SERVICE $k K%t$/ RICHLA\g HILLS A-m-z 2 FIGURE 5w Bond Street Utility Improvements V - !g V- Specifications CITY OF NORTH RICHLAND HILLS WATER ABANDONMENT NOTES THE CITY OF NORTH RICHLAND HILLS SHALL BE THE SOLE DETERMINE OF APPROPRIATE ABANDONMENT PROCEDURES AND METHODS. RESTORE ALL DISTURBED SURFACES TO ORIGINAL CONDITION AND TO THE SATISFACTION OF THE PUBLIC WORKS INSPECTOR. RETURN ALL REMOVED FACILITIES (HYDRANTS, FITTINGS. VALVES, ETC.) TO THE PU13UC WORKS SERVICE CENTER, AT THE DISCRETION OF THE PUBLIC WORKS INSPECTOR. UNUSABLE EQUIPMENT SHALL BE DISPOSED OF BY THE CONTRACTOR. THE FOLLOWING METHODS ARE APPROVED ABANDONMENT PROCEDURES FOR TERMINATED FACILITIES. ABANDONED HYDRANTS, SERVICES, BRANCH MAINS, ETC. SHALL BE TERMINATED ALL THE WAY SACK TO THE MAINLINE, AND SHALL NOT BE LEFT STUBBED OUT. ]YyTR MAINS: L CUT AND DRAIN THE ABANDONED WATER MAIN WHERE EXPOSED DURING CONSTRUCTION. 2.REMOVE ANY MAINS LOCATED WITHIN THE PUBLIC RIGkT-OF-WAY {ROW} OR WHICH WILL CONFLICT WITH NEW CONSTRUCTION. SAW CUT AND REMOVE SHORT SECTIONS OF PIPE AT A TIME. MAINS SHALL NOT BE FORCIBLY REMOVED WITH HEAVY EQUIPMENT DUE TO POTENTIAL DAMAGE TO SURROUNCING UTILITIES. 3.MAINS TO BE ABANDONED IN PLACE SHALL BE REMOVED TO CREATE A MINIMUM OF A THREE FOOT SEPARATION FROM THE LIVE PORTION OF THE LINE FOR PIPES 4" AND LARGER IN DIAMETER, AND SECURELY CLOSED AT THE PIPE ENDS BY INSTALLING A WATERTIGHT PLUG OF CONCRETE NOT LESS THAN ONE FOOT THICK. CONTACT PUBLIC WORKS INSPECTOR IN WRITING 48 HOURS IN ADVANCE, TO CHECK THE CONDITION OF THE EXISTING SERVICES PRIOR TO ABANDONMENT. 4.MAINS OUTSIDE THE PUBLIC ROW NOT ENCOUNTERED DURING NEW TRENCHING MAY BE LEFT IN PLACE, BUT VALVES MUST BE ABANDONED AS DESCRIBED UNDER 'VALVES. 5.TO ABANDON LINES IN PLACE, PLUG ENDS OF ABANDONED MAIN EXPOSED DURING CONSTRUCTION WITH GROUT PLUG, BLIND FLANGE, OR CAP AS DIRECTED BY THE CITY. VALVES. 1.REMOVE VALVES AND VALVE BOXES. PLUG OR BLIND FLANGE THE WATER MAIN. 2.AN ALTERNATIVE METHOD OF ABANDONMENT IS ACCEPTABLE IF, AT THE DISCRETION OF THE PUBLIC WORKS INSPECTOR, THE VALVE CANNOT BE REMOVED. PLUG AND CLOSE THE VALVE, THEN REMOVE THE VALVE BOX, WATER 5FRVICES, 1.REMOVE ALL VAULTS, SETTERS AND MISCELLANEOUS FITTINGS, BACKFILL WITH CRUSHED ROCK AND COMPACT. NATIVE SOILS MAY BE USED FOR BACKFILL ONLY IF APPROVED BY THE CITY. 2.REMOVE ENTIRE SERVICE LINE BACK TO WATER MAIN. REMOVE TAPPING SADDLE, USE REPAIR CLAMP IN ITS PLACE, AND WRAP IT IN PLASTIC. 3.AT THE DISCRETION OF THE CITY, THE SERVICE LINE MAY REMAIN IN PLACE, BUT MUST BE TERMINATED AT THE MAINLINE AS DESCRIBED ABOVE. HYDRANTS:_ REMOVE THE ENTIRE HYDRANT AND ABANDON THE MAINLINE VALVE AS DETAILED ABOVE UNDER 'VALVES'. REMOVE AND PROPERLY DISPOSE OF ANY BOLLARDS. WATER ABANDONMENT NOTES NORTH RICHLAND HILLS 08-09-2021 FIGURE 9W Bond Street Utility Improvements V- 20 V-Specifications ITEAH QUANTITY SIZE DESCRIPTION PART NUAf6fR NOTES NO. SIR" ti0L16X FORD MUELLER I,tr SERVSCE S KSTALLED AHEAD 1. T 1" MI-.VALVE Co. STOP, B47- 62S172N OF CURB AND GUTTER,CUT AND SHAPE PIPE TO FIT POSITRON COMP X F.I.P. 444 NL SHOYM BUT MIND DOWN ABOUT 2. 1 4" 90'BRASS ELBOW, L-26-44 H15530 5 INCHES TO MINIMIZE 04ANCES F.I.P. X M.I.P.,(QTR. SEND) -ML OR OR OF DAMAGE DURING CONSTRUCTION OF CURB AHD CUTTER. SERVICE L-86-44 HIS431 N LINE COVM MIN1WM 24 INCHES, G--NL UNDER STREET SUBGRADE AND MINIMUM 12 INCHES UNDER BOTTOM BALLVALVE CB. STOP, 811- 330 8 OF CURB AND CUTTER, F.T.P. X F.I.P. 444WR NL 20200 N CONTRACTOR FURNISHES ALL 4. 1 1 %S BRASS NIPPLE - PARTS USTEA AT HIS EXPENCE 5. 1 1" BACKfLOW PREVENTION - - ALL ITEMS SHALL BE INSTALLED WILKINS 1" 350 SHFT BY CONTRACTOR. G. T i" HUNTER PGVFOI_G IRRIGATION -- - 3.RECESSED AMR HOLE IN METER VALVE WITH HUNTER NODE-TOO BOX SHALL BE PLACED NEAREST CONTROLLER THE HACK OF CURB. 7. 1 i 1"X4"XGO'GLUE nTTiNG - - 4.INSTALL FJtEE-iF SENSOR WITH F.I.P. X F.I.P. CONTROLLER UNIT. 2"X7"PVC BUSHING - �- 9. 1 2" 2"PVC GLUE X FIP So'ELBOW - - 10. 1 2" 2" X B" BRASS NIPPLE - - 11. 1 2 2'F.i,P. X COMP Ci4- H-T5451 W1 STAINLESS STEEL SCREEN 77-Q-NL 31/7'CURE p 10 NTO E1057IN0 CURS kRPXaJJE s n •.,�r�s�e, z 1"PYO 1 4 7 I W'PVC METER BUX FURNISHED BY WNII METER BOX FURNISHED A INSTALLED ETTY)DFWAACTDR{IHSTAUZ7 BY BY CONTRACTOR NDS MMEL aP]D(TO HRH SA MD )� D15AMR2—DU—OLB8 {M HRH SPE" BEE PLANS PER eNVAMED TRACER TIRE AS-W 0303n FE 471i1g LOCATION OF WATER MATH AUTOMATIC DEAD END FLUSHING DEVICE NORTH RICHLAND HILLS 08-49-2021 FIGURE 10 Bond Street Utility Improvements V-21 V—Specifications TRENCH DAM TO INTERRUPT BIDDING AND EIACKFILL ✓ I o�LIDNAL Iry r BACKFlLL PER v UNDISTURBED MATERIAL SPECIFICATION NORMAL 7RE11CH 15H7TH FINISHED GRADE EDGE OF TRENCH ^� •r\ \ � TOP OF TRENCH DAM EXCAVATION VARIES (SEE NOTE 3) }:'.tiY.,: Yr�•`;a. iv•s-. GROUNDWATER ,•�,�w:�:� YY Fi�rfrr,�.[[�� PIPE 'FAT}„`[�.••'�rT ,I"`'{ /• fl�P +1i`"•'` 9EQpN0 �• � +"�.7'{'::.i f UNDISTURBED IiATERIRL ON BOTH SIDES AND BOTTOM OF TRENCH f f NOTES_ 1. DAM TO BE CONSTRUCTED OF CONTROLLED LOW STRENGTH MATERIAL(CLSM), ALSO KNOWN AS -PLOWABLE FILL-. MIX DESIGN SHALL BE SUBMITTEO FOR APPROVAL PRIOR TO INSTALLATION, AND SHALL PROVIDE A COMPRESSIVE STRENGTH OF BETWEEN 50-PS AND 150-PSt. 2. OPTIONAL KEY(*)ON EACH SIDE OF TRENCH DAM SHALL EXTEND A MINIMUM OF V-D' BEYOND UNDISTURBED MATERIAL (NORMAL TRENCH WIDTH). SANITARY SEWER TRENCH DAM 3, TOP OF TRENCH DAM SHAD.EXTEND A MINIMUM OF Z-O' ABOVE THE GROUNDWATER By LEVEL ENG E DETERMINED HA 6Y THE NEAREST BORING OR BY THE ENGINEER, BUT SHALL HOT EXCEED A DEPTH OF 1'-W BELOW FINISHED GRADE. 4. TRENCH DAMS SHALL BE 04STAII.ED AS INDICATED ON THE TqKH CONTRACT DRAHINCS OR AS DIRECTED BY THE CITY ENGINEER. R 04-01-2018 FIGURE _._S Bond Street Uti#ity Improvements V_ 22 V— Specifications CLASS 'A' REINF. 1. DEEP CONC.. MATCH CONTRACTION EXIST. PVMT. JT. WITH 2' TYPE -D' THICKNESS CRACK SEALER HMAC �p y. MANHOLE RING EXIST. ` ! I EXISF. HMAC & COVER AS COHC. f PAVEMENT SHOWN BELOW PvMT. I THICK 3000PROVIDE PRECAST CONCRETE P SI N EWITH 3- ADLPUSTMENT RINGS BARS MANHOLE TOP FOR STREET INSTALLATION CAST IRON MANHOLE FRAME AND COVER (TO BE FURNISHED AND INSTALLED BY CONTRACTOR). NATURAL BASS do HAYS PATTERN MM30 GRADE SET IN WITH PICK BARS OR EQUAL MORTAR MARKED "SANITARY SEWER' T.: 3O' n 4 J a NOTE 8' 1. STANDARD CAST-IN--PLACE CONCRETE r MANHIXE TO BE USED WITH SEWERS r d B" THROUGH 36' IN DIAMETER WHERE SPECIFIED. r'_ 6" 2. THE CONNECTION OF THE SEWER PIPE TO THE MANHOLE SHALL BE ACCOMPLISHED BY USING MANHOLE o COUPLING OR RUBBER RING WATER I STOPS AS RECOMMENDED BY THE n�• PIPE MANUFACTURER.MONOLETHICALLY 3. CLASS A" CONCRETE SHALL HAVE CL ASS ASS -A' 5 SACKS CEMENT/C.Y.. MAXIMUM d.. CONCRETE ;:x ❑ SLUMP OF 5". AND A 30DO PSI r' COMPRESSIVE STRENGTH AT 28 DAYS, 4. SERMCES WHICH ARE CONNECTED a TO MANHOLES SHALL BE INSTALLED 5 ;:c A MINIMUM OF 8 INCHES ABOVE =_ THE MAIN FLOWLINE. '+ p 5. EXISTING SANITARY SEWER MANHOLE SLOPE 1" PER ':e'. SHALL BE CORED 1' LARGER THAN PIPE. �' FOOT TYPICAL a V IESIlV� is RL SANITARY SEWER MANHOLE DETAILS A51, r e .. va rr'• e p T ---•-•- &-o' MIS... RICHLAND HILLS R 07-01-2009 FiOURE 1 S Bared Street Utility Improvements V- 23 V—Specifications NORTH RICHLAND HILLS " C I. FRAME & COVER BASS & HAYES PATTERN Ag�.12 ENS NO. VRM31 OR EQUAL E.W. MIN. ' MARKED "SANITARY SEWER" m FLAT TOP ECCENTRIC CONE USED IN PLACE OF CONE (OFF—SET HOLE ALSO AVAILABLE) PRECAST.CONC. GRADE RINGS 8" o � z z a R JOINTS TO BE GROUTED INSIDE & OUTSIDE (TYP.) z REINFORCOffNT: I As-.121N./FT. N E.W. MIN. "N f I PRESS SEAL KOR-N-SEAL OR EQUAL CONNECTOR �11 3000 P.S.I. (MIN. w 5 SACK) CONC, AROUND KOR-N-SEAL * as 6AND}S (MIN. f. 6" THICK) w OPENINGS TO n FIT PIPE SIZE PRECAST BASE CRUSHED STONE: FOUNDATION 12" MIN. OR TO TRENCH 3/4'-1" IN SIZE COMPACTED WALL WHICHEVER IS TO 959 Sr. PROCTOR DRY GREATER DENSITY(ASTrM D-B98) TYPICAL 48" DIA. MANHOLE (WITH PRECAST BASE & FACTORY INVERT) N.T.S. {�QTES: 1. PRECAST MANHOLE TO MEET ALL RERIREMENTS OF ASTM C-478. 2. O'RING GASKET MNT REQUIRED IN ACCORDANCE WITH ASTM C--443. PRECAST CONCRETE MANHOLE DETAILS 3. SERVICES WHICH ARE CONNECTED TG MANHOLES SHALL BE INSTALLED A MINIMUM OF 8 INCHES ABOVE THE MAIN FLOWLINE. NfRTH 4. EACH INDIVIDUAL SECTION OF THE PRECAST RICHLAND MANHOLE WILL NEED TO HE STAMPED WITH THE ASTM SPECIFICATION NUMBER, THE HILLS MANUFACTURER'S NAME, AND DATE MANUFACTURED] R 07-01-2009 FIGURE 2S Bond Street Utility Improvements V- 24 V— Specifications *2D 4HHOI,E Fwa CUSS'A'Row.C� Lova AS MATCH Cm.pVWT. OW BE w THIq[(M 7'DEED OOHTR,Exw. JT.VATH CRACK PVHT: SEALER C'TO CGHC.NIH MAX aPROYDE CONCRM "ID'uS`rMNT F'HGS MANHOLE TOP FOR STREET INSTALLATION N.T.S. CAST IRON MANHOLE FRAME AND COVER (TO BE FURNISHED AND INSTALLED BY CONTRACTOR). BASS & HAYS PATTERN VRM30 WITH PICK BARS OR EQUAL MARKED "SANITARY SEWER% NATURAL 3/8' STAINLESS GRADE STEEL ANCHOR SET IN BOLT NUTS MORTAR WASHER- MONOLI�CALLY f/8'x#" WIDE PLACED CLASS "A' "►� STAINLESS CONCRETE STEEL STRAP A MANHQI E MJN4 SPACING >�IVG WALL PVC PIPE SOLT DETAIL J N.T.S. td S; -O" o T. STANDARD CAST-IN-PLACE MANkDLE e' $" TO BE USED WITH SEWERS V THROUGH TTyp: PLUG PVC ;.r w a 8' CIA. YMERE SPECIFIED. o Q a. THE CONNECTION OF THE SEWER NO PLUG a PIPE TO THE MANHOLE SHALL BE CROSS PVC ` ACCOMPLISHED BY USING MANHOLE W COUPLING OR RUBBER RING WATER SDF1; NORMALLY PVC COUPLING o STOPS AS RECOMMENDED BY THE PVC PIPE a PIPE MANUFACTURER. SLOPE 1" PER 3. CLASS 'A' CONCRETE SHALL HAVE 90' LONG FOOT TYP. 5 SACKS CEMENT/C.Y., MAXIMUM SLUMP BEND PVC- `.� OF 5", AND A 3= PS COMPRESSIVE 1 VARIES STRENGTH AT 28 DAYS, 4. SANITARY SEINER MANHotzS WITH MORE ~1 THAN ONE INTERNAL DROP ARE TO BE r y; 8-FOOT IN DIAMETER. SANITARY SEWER # �ry:•' DROP MANHOLE DETAILS I--- 7•-0' MIN, ARTH STANDARD CAST—IN—PLACE MCHLAND CONCRETE DROP MANHOLE HILLS N.T.s. R 07-01-2009 FIGURE 3S Bond Street Utility Improvements V- 25 V— Specifications SEWER 4" SERVICE LINE MAIN I I [SAME NOTE AS BELOW} STANDARD SEWER SERVICE TEE�NWE (MULTI FITTINGS CORP, PART NO. 4WZ51 FOR S" MAIN OR APPROVED EQUAL.) —I I SEWER TRENCH 4" SERVICE LINE WALL I I is d WHERE CUSTOMER SERVICE LINE IS NOT � INSTALLED. PLUG SEWER KITH PLASTIC F OR V.C. STOPPER AND DRIVE #3 BAR N AS SPECIFIED. IN ADDITION, TIE GREEN MARKING TAPE TO THE END OF THE BEND AND STACK PIPE SERVICE.PIPE AND EXTEND IT TO THE 9Y CONTRACTOR AND SURFACE. SHALL BE INCLUDED IN 1 PRICE BID FOR DEEP SERVICE CONNECTIONS; I MAX s° 8" OF CL "A" CONC. ^` AROUND TEE—WYE AND SLOPE AS SHOWN. DEEP—CUT SEINER SERVICE r SEINER MAIN SEWER SERVICE CONNECTIONS NOTES: 1. TOP OF SERVICE SHALL BE SUFFICIENT DEPTH TO PRCVlDE ADEQUATE FALL FROM THE FACILITY TO BE SEWER SERVICE CONNECTION DETAILS SERVED, 2. CLASS "A" CONCRETE SHALL HAVE 5 SACKS OF CEMENT, MAXIMUM SLUMP OF 5 INCHES. AND 3DOD PS! N*RTH COMPRESSIVE STRENGTH AT 28 DAYS. RICHI,AND HILLS R 07-01-2{109 FIGURE 4S Bond Street Utility Improvements V- 26 V—Specifications MRH CITY OF NORTH RICHLAND HILLS SANITARY SEWER A13ANDONMENT NOTES The City of North Richland Hills shall be the sole determine of appropriate abandonment procedures and methods. Restore all disturbed surfaces to original condition and to the satisfaction of the Public Works Inspector. 1.Abandon in-place any un-used existing sanitary sewer lateral pipe from back of the curb to the sewer main when the sewer main is under pavement.. 2.Any existing pipe occupying the same trench that will be used by a new line must be removed and cannot be abandoned in place. 3.Any pipe to be abandoned,main line or service lateral,is to be separated to create a minimum of three feet separation from the nearest active main line segment. 4.In the event of a service lateral disconnection from an active main,or an inactive main disconnection from an active main in the absence of a manhole,the active main sha11 he repaired as follows. a)if the or!girial lateral connection was made with a factory'Wye",then the"wye"is intact and undamaged shall be sealed appropriately to prevent material or water intrusion. b)If the original lateral connection was made in any other fashlon besides a factory"wye"or the factory"wye"is damaged.,then the active sewer main section shall be replaced to eliminate the existing connection point in order to adequately seal the main. c)The main section to be replaced shall extend to the nearest factory pipe"bell'orjoint as applicable. 5.RII abandoned pipe with backfill material:sand,or controlled density fill(CaF)such as flowable fill,controlled low-strength material(CLSM),flowable mortar,plastic soil-cement, soil-cement slurry,or K-Krete.CL)F must have unconfined compressive strength of 100 psi or less to allow for future excavation of the area. 5.If sand is used to fill abandoned pipe,securely close each pipe end by installing a watertight plug of concrete,controlled density fill(CDF),controlled low-strength material(CLSM), fl owe bie mortar,plastic soil-cement,soil-cement slurry,or K-Krete not less than two feet in length. T.Pipes to be abandoned that are non-continuous or broken by construction activity are to be repaired sufficiently to contain the selected abandonment backfill material. If such repairs are impractical or SEWER ABANDONMENT NOTES infeasible,the pipe(s)shall be removed and properly disposed. N*RTH 8.Un-used pipes between the curb and the RICHLAND right-of-way are to be removed and disposed HILLS [not abandoned in place], R 9-23-2015 FIGURE 55 Bond Street Utility Improvements V_ 27 V— Specifications 4/ § )/§ U)^ £ § / ... L (3:� � c2 b § $\ 2 2$ Q - F- L) \ q \ § \ LLI § x / • / ƒ j ,. . w « 2) %of � z ak = wx �a �$Oo PERMANENT ASP—HALT PAVEMENT REPLACEMENT NORTH RICSLANO HILLS R 07-$- m FIGURE ]5P-] Bond Street Utility Improvements V- 28 V-Specifications � z m a�w m Ld ex Z- �ra1 ❑vyim a. �E! fr�i��kt 3. ra, VARIES 1. AN ALL WEATHER PATCH MUST HE INSTALLED WITHIN 5 DAYS OF OPEN CUTTING ANY PUBLIC STREET. TEMPORARY ASPHALT PATCH NORTH RICHLAND HILLS R 07-01--2009 FIGURE 15P-2 Bond Street Utility Improvements V_ 29 V—Specifications MERCHANT77-1�k BONDING COMPANY, MFpZCHANI'S, IiONDING COMPANY(MUTLnAL) F.O. BOX 1449�8, DES MOMES, IOWA 50306-3498 NIONP (800) 678,8171 FAX: (515) 243-3854 BID BOND PUBLIC WORK Bond No. Bid Bond KNOW ALL PERSONS BY THESE PRESENTS: That R&D Burns Brothers,Inc. (hereinafter called the Principal)as Principal, and the Merchants Bonding Company(Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to -City ofNorth Richland Ililhs (hereinafter called the Obligee) in the full and just slum of( 5%GA,B, Five Percent of the Greatest Amount Bid Dollars good and lawful money of the United States of America, to the payment of which slum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly Iby these presents. Signed and dated this I Ith day of March 21022 THE CONDiTION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Utility Improvcments according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bonding Company(Mutual) -, as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case,of failure to do so, pay to the Obligee the damages which the Obligee may suffeir by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect, IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to The duly signed and sealed, Witness: R&D BurnXtrothers,Inc, Principal B Attest: MFchants Bonding CnpanyM utual) "'n 01, B Payton lanchard,Attorney-in-Fact CON 0333(2/15) .MERCHANTS BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY{MUTUAL.}and MERCHANTS NATIONAL BONDING,INC., bath being corporations of the State of Iowa(herein collectively called the"Companies')do hereby make,constitute and appoint,individually, Allison C Lueck;Bryan Simpson;Cadda E Eary;Donna French;Donna Martinez;Gwendolyn Johnston;H E Wilkins;James R Reid;Jessica Turner; Julie Lindsey;Kay Blair,Lindsay Senior Gingras;Marie Reyna;Markham Paukune;Minnie Ortiz;Payton Blanchard;Ralph E French;Sandra Fuller; Shane Smith;Shawn Blacklock;Sherri Collln%Tina LaValley;WI€iam Blanchard;William Mitchell Jennings their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23,2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants NationaI Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attarneys,in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,It Is agreed that the power and aut hority hereby given to the Attorney-In-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and.construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenfing to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shalt not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 16th day of December 2021 y:'p��QRq'.d . :��• pHg�3R .q MERCHANTS BONDING COMPANY(MUTUAL)i '!� MERCHANT NATIONAL BONDING,INC. 2003 1933 ;'c; By / t • o y• f 4. •.. ....,� , .••yyk.....•• "� % President STATE OF IOWA #''•..�.`;.....•'• �. •�• COUNTY OF DALLAS ss. On this I6th day of December 2021 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are tha Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �tVA(rr POLLY MASON o IN Commission Number 750576 My Commission Expires YVI �- • /Ov&. January 07,2023 PU" Pubric (Expiration of notary's commission does not Invalidate this instrument) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked, In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 11th day of March 2022 ♦•��•,1iQN+•r+�•. •••�N� CrQ eye ac ""a 1933 ; Secretary ��: 2003 go y MERCHANTS BONDING COMPANY, MFRCHANTS BoNIDING COMPANY(MUTUAL) .11.0. Box 14498, DEs MOINES, 1OWA 50306-3498 PHONE: (800) 678.8171 FAX: (515)243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company(Mutual)toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-262-3439 You may write the Texas Department of Insurance at: P. ❑. Box 149104 Austin, TX 78714-9104 Fax: (512)490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance, ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX(2/15) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of I 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 of business. R&D Burns Brothers Burieson,TX United States Z Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of North Ric hland Fill...:.::.:::::::::::::::' g Provide the identification t9 irnper:Upe d by the. vveritrtt lf, tracke or identify tN s - lcontract and provi de a description of the services g&t ds;'or other property t6te prom fed unde`r°fhe contra t. 2�-t315 Utility Construction 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary RONAL❑ , Burns BURLESON,TX United States X Burns,Donald BURLESON,TX United States X 5 Check only if there is NO Interested Party. ❑ B UNSWORN DECLARATION My name is �� p I , and my date of birth is r 7 My address Is I 1 r Cr (�y ,+ l� �(f}U VS4 (street) (city) (state) (zip code) (countr y) I declare under penalty of perjury that the foregoing is true and correct. ��•�S �-- Executed in '�— County, State of on the 9 day of 20 Z" (month) (year) Signature of authorized agent of contracting business entity (De�[arant} Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Authorize payment to Motorola Solutions, Inc., for replacement servers for the Public Safety CAD/RMS system using a State of Texas Department of Information Resources Contract (DIR-TSO- 4101), in an amount not to exceed $360,000 for the FY 2021/2022 budget year. PRESENTER: Eric Von Schimmelmann, Director Information Technology SUMMARY: This item authorizes the expenditure for Capital Improvement Project IT2201 to replace the Public Safety CAD/RMS servers through Motorola Solutions, Inc. GENERAL DESCRIPTION: Capital Improvement Project IT2201 is for the replacement of all server hardware needed to support the Public Safety CAD/RMS system. The current servers are at the end of their Iifecycle and need to be upgraded to support this system. This project will replace the current production servers in a new enhanced high availability configuration. We will also be upgrading the servers at our Disaster Recovery site to allow for a full failover location should the need arise. In addition, we will be increasing our services contract to a 247 Managed Services contract for monitoring and response from our vendor. The initial cost estimate of $232,000 was missing some key components that are necessary for this project to succeed. With these components added the new total for this project is $359,691. Funding for this purchase will come from the Crime Control District Fund (CCD). The initial $232,000 was included in the adopted FY 2021/2022 Capital Improvement Project IT2201. The remaining $127,691 will come from the budget amendment considered by City Council earlier on this agenda. Of this additional $127,691 in funding, NRH will receive a $66,400 reimbursement from the shared services cities. Motorola Solutions, Inc. participates in the State of Texas Department of Information Resources (DIR) cooperative purchasing program (DIR TSO-4101). By participating in the DIR cooperative purchasing program the city meets all state competitive bidding requirements for this purchase. RECOMMENDATION: Authorize payment to Motorola Solutions, Inc., for replacement servers for the Public Safety CAD/RMS system using a State of Texas Department of Information Resources IrLp NOKTH KICHLAN HILLS Contract (DIR-TSO-4101), in an amount not to exceed $360,000 for the FY 2021-2022 budget year. DocuSign Envelope ID:68965A8C-OD00-4DFC-8BA4-17194D58965F III III " '� A010TORCLA SOLUTIONS Billing Address: Quote Date:02/20/2022 NORTH RICHLAND HILLS Expiration Date:05/31/2022 POLICE DEPARTMENT Quote Created By: 4301 CITY POINT DRIVE Billy Duncan NORTH RICHLAND HILLS, Billy.Duncan@ motorolasolutions.com TX 76180 US End Customer: NORTH RICHLAND HILLS POLICE DEPARTMENT ERICVon Schimmelmann evonschimmelmann@nrhtx.com Flex 1 ISVOOS01856A REMOTE LINUX TO LINUX MIGRATION 1 $11,430.52 2 SSV02S02797A-SP HPE VSan HA CLUSTER WITH DR 1 $290,385.00 3 SSVOOS02433A-SP SOLUTIONS II MANAGED SERVICES 1 1 YEAR $57,876.00 Grand Total $35901 .52(USD) Pricing Summary Upfront Costs for Hardware, Accessories and Implementation $359,691.52 $0.00 (if applicable), plus Subscription Fee Grand Total System Price $359,691.52 $0.00 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the""Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions,Inc.:500 West Monroe,United States-60661-#:36-1115800 DocuSign Envelope ID:68965A8C-OD00-4DFC-8BA4-17194D58965F III IIA010TORCLA SOLUTIONS I " 6 • Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices. The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Motorola Solutions. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein. Motorola Solutions, In Customer By: By: Name! Tyl e r Hol 1 andName: Title: Area sale Man. soft. Enterprise Title: 41712022 Date.. ate: Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the""Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions,Inc.:500 West Monroe,United States-60661-#:36-1115800 DIR Contract No. DIR-TSO-4101 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES MOTOROLA SOLUTIONS INC. 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter"DIR") with its principal place of business at 300 West 15'h Street, Suite 1300, Austin, Texas 78701, and Motorola Solutions Inc. ("Vendor"), with its principal place of business at 500 West Monroe Street, Chicago, Illinois 60661. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer(RFO)DIR-SDD-TMP-426, on November 14, 2017, for Motorola Branded Products and Related Services. Upon execution of this Contract, a notice of award for RFO DIR-SDD-TMP-426 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Communications Agreement; Appendix E, Service Terms and Conditions Agreement, Appendix F, Subscription Services Agreement; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP- 426, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-426, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Appendix E,then Appendix F, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The initial term of this Contract shall be two (2) years commencing on the last date of approval by DIR and Vendor, with three (3) optional one-year renewal. Prior to expiration Department of Information Resources Page 1 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. of each term, the contract will renew automatically under the same terms and conditions unless either parry provides notice to the other parry 60 days in advance of the renewal date stating that the parry wishes to discuss modification of terms or not renew. Additionally, the parties by mutual agreement may extend the term for up to ninety (90) additional calendar days. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Motorola branded products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.13 above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.13 above. B. Services Services available under this Contract are limited to the technical services as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.13 above. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase Orders,Invoices and Payment, and as set forth in Appendix C,Pricing Index, and shall include the DIR Administrative Fee. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is three-quarters of one percent (75%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $750.00. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a parry at the respective address indicated below. If sent to the State: Kelly A Parker, CTPM, CTCM Director, Cooperative Contracts Department of Information Resources Department of Information Resources Page 2 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. 300 W. 151' St., Suite 1300 Austin, Texas 78701 Phone: (512) 475-1647 Facsimile: (512) 475-4759 Email: kel I v.i)arker(&- di r.texas.�ov If sent to the Vendor: Mike Fink Motorola Solutions, Inc. 500 West Monroe Street Chicago, Illinois 60661 Phone: (512) 937-3521 Email: mike.fink(-&motorolasolutions.com 7. Shrink/Click-wrap License Agreement, Communications System Agreement, Service Terms and Condition Agreement, and Subscription Services Agreement A. Shrink/Click-wrap License Agreement Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. B. Communications System Agreement Services provided under this Contract shall be in accordance with the Communications System Agreement as set forth in Appendix D of this Contract. No changes to the Communications System Agreement terms and conditions may be made unless previously agreed to by Vendor and DIR. C. Service Terms and Conditions Agreement Services provided under this Contract shall be in accordance with the Service Terms and Conditions Agreement as set forth in Appendix E of this Contract. No changes to the Service Terms and Conditions Agreement terms and conditions may be made unless previously agreed to by Vendor and DIR. D. Subscription Services Agreement Services provided under this Contract shall be in accordance with the Subscription Services Agreement as set forth in Appendix F of this Contract. No changes to the Department of Information Resources Page 3 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. Subscription Services Agreement terms and conditions may be made unless previously agreed to by Vendor and DIR. E. Conflicting or Additional Terms In the event that conflicting or additional terms in Vendor Software License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. In the event of a conflict, any linked documents may not take precedence over the printed or referenced documents comprising this contract; provided further that any update to such linked documents shall only apply to purchases or leases of the associated Vendor product or service offering after the effective date of the update; and, provided further, that, if Vendor has responded to a solicitation or request for pricing, no update of such linked documents on or after the initial date of Vendor's initial response shall apply to that purchase unless Vendor directly informs Customer of the update before the purchase is consummated. In the event that different or additional terms or conditions would otherwise result from accessing a linked document, agreement to said linked document shall not be effective until reviewed and approved in writing by Customer's authorized signatory. Vendor shall not [without prior written agreement from Customer's authorized signatory,] require any document that: 1) diminishes the rights,benefits, or protections of the Customer,or that alters the definitions,measurements,or method for determining any authorized rights,benefits,or protections of the Customer;or 2)imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements, or method for determining any authorized costs,burdens, or obligations upon Customer. If Vendor attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to the contract between DIR and Vendor or Vendor and Customer, and Vendor will nonetheless be obligated to perform the contract without regard to the prohibited documents, unless Customer elects instead to terminate the contract, which in such case may be identified as a termination for cause against Vendor. The foregoing requirements apply to all contracts, including, but not limited to, contracts between Customer and a reseller who attempts to pass through documents and obligations from its Manufacturer of Publisher. The foregoing requirements shall not be construed so as to negate Section TA concerning Shrink/Click Wrap License Agreements. Department of Information Resources Page 4 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. A. Section 5, Intellectual Property Matter is hereby restated in its entirety as follows: This contract does not contemplate,authorize or support acquisition of custom software products or services. If Vendor and Customer seek to contract for such product or service,they must use a separate contract or seek amendment with DIR of this contract. If DIR and Motorola decide to authorize customized software or hardware products; then the intellectual property language applies. B. Section 8, Pricing, Purchase Orders, Invoices, and Payments, Subsection C. Customer Price, 3) is hereby restated in its entirety as follows: 3) If pricing for products or services available under this Contract are provided at a lower price to: (i)an eligible Customer who is not purchasing those products or services under this Contract or(ii) any other entity or consortia authorized by Texas law to sell said products and services to eligible Customers, then the available Customer Price in this Contract shall be adjusted to that lower price. This requirement applies to products or services quoted by Vendor or its resellers under this contract for a quantity of one (1) under like terms and conditions, and does not apply to volume or special pricing purchases. This Contract shall be amended within ten (10) business days to reflect the lower price. C. Section 9, Contract Administration, Subsection C. Records and Audit,3) is hereby restated in its entirety as follows: 3) Vendor and/or Order Fulfillers shall grant access to all applicable purchase orders and invoices and other documents directly related to the Contract and necessary to properly account for all payments made to Vendor, and Vendor's contract performance and compliance, pursuant to the Contract to the DIR Internal Audit department or DIR Contract Management staff, including the compliance checks designated by the DIR Internal Audit department, DIR Contract Management staff,the State Auditor's Office, and of the United States, and such other persons or entities designated by DIR for the purposes of inspecting, Compliance Checking and/or copying such records.Vendor and/or Order Fulfillers shall provide copies and printouts requested by DIR without charge. DIR shall provide Vendor and/or Order Fulfillers ten (10) business days' notice prior to inspecting, Compliance Checking, and/or copying Vendor's and/or Order Fulfiller's records. Vendor's and/or Order Fulfillers records, whether paper or electronic, shall be made available during regular office hours. Vendor and/or Order Fulfiller personnel familiar with the Vendor's and/or Order Fulfiller's books and records shall be available to the DIR Internal Audit department, or DIR Contract Management staff and designees as needed. Vendor and/or Order Fulfiller shall provide adequate office space to DIR staff during the performance of Compliance Check. Except as otherwise specified, each party will bear its own cost in the performance of the audit. Department of Information Resources Page 5 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. None of the foregoing shall in any way define or limit the rights, powers, or prerogatives of the State Auditor. D. Section 10, Vendor Responsibilities, Subsection A. Indemnification, 2)ACTS OR OMISSIONS is hereby restated in its entirety as follows: Vendor shall indemnify and hold harmless the State of Texas and Customers,AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. E. Section 10, Vendor Responsibilities, Subsection A. Indemnification, 3) INFRINGEMENTS is hereby restated in its entirety as follows: a) Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third parry claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR and the CUSTOMER agree to furnish timely written notice to each other of any such claim.VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. The defense shall be coordinated by VENDOR WITH THE Office of the Attorney General WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. b)Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i)use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Vendor's written approval, (iii) any modifications made to the product by the Vendor pursuant to Customer's specific instructions, (iv) any intellectual property right owned by or licensed to Customer, or (v) any use of the product or Department of Information Resources Page 6 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. service by Customer that is not in conformity with the terms of any applicable license agreement. c) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor's sole option and expense; (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer's use is noninfringing. F. Section 10, Vendor Responsibilities, Subsection N. Required Insurance Coverage is hereby restated in its entirety as follows: As a condition of this Contract with DIR, Vendor shall provide the listed insurance coverage within 5 days of execution of the Contract if the Vendor is awarded services which require that Vendor's employees perform work at any Customer premises and/or use employer vehicles to conduct work on behalf of Customers. In addition, when engaged by a Customer to provide services on Customer premises, the Vendor shall, at its own expense, secure and maintain the insurance coverage specified herein, and shall provide proof of such insurance coverage to the related Customer within five (5) business days following the execution of the Purchase Order. Vendor may not begin performance under the Contract and/or a Purchase Order until such proof of insurance coverage is provided to, and approved by, DIR and the Customer. All required insurance must be issued by companies that are A financially rated and duly licensed, admitted, and authorized to do business in the State of Texas. The Customer and DIR will be named as Additional Insureds on all required coverage. Required coverage must remain in effect through the term of the Contract and each Purchase Order issued to Vendor there under. Motorola agrees to provide thirty (30) days written notice of termination or discontinuation of coverage. The minimum acceptable insurance provisions are as follows: 1) Commercial General Liability Commercial General Liability must include a limit of $2,000,000 per occurrence and $2,000,000 general aggregate for coverage A, B, & C including products/completed operations. The policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract; b) Independent Contractor coverage; c) State of Texas, DIR and Customer listed as an additional insured; d) Waiver of Transfer Right of Recovery Against Others in favor of DIR and/or Customer. 2) Workers' Compensation Insurance Workers' Compensation Insurance and Employers' Liability coverage must include limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act(Art. 8308-1.01 et seq. Tex. Rev. Civ. Stat)and minimum policy Department of Information Resources Page 7 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. limits for Employers' Liability of $250,000 bodily injury per accident, $500,000 bodily injury disease policy limit and $250,000 per disease per employee. 3) Business Automobile Liability Insurance Business Automobile Liability Insurance must cover all owned, non-owned and hired vehicles with a minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternative acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall contain the following endorsements in favor of DIR and/or Customer: a) Waiver of Subrogation; b) Additional Insured. G. Section 11,Contract Enforcement, Subsection B. Termination, 1)Termination for Non-Appropriation, a) Termination for Non-Appropriation by Customer is hereby restated in its entirety as follows: Customer may terminate Purchase Orders if funds sufficient to pay its obligations under the Contract are not appropriated: i) by the governing body on behalf of local governments; ii) by the Texas legislature on behalf of state agencies; or iii) by budget execution authority provisioned to the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government Code. In the event of non-appropriation, Vendor and/or Order Fulfiller will be provided thirty (30) calendar days written notice of intent to terminate. Notwithstanding the foregoing, if a Customer issues a Purchase Order and has accepted delivery of the product or services, they are obligated to pay for the product or services or they may return the product and discontinue using services under any return provisions that Vendor offers. In the event of such termination, the Customer will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract,nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. H. Section 11,Contract Enforcement, Subsection B. Termination,3)Termination for Convenience is hereby restated in its entirety as follows: DIR may terminate the Contract, in whole or in part, by giving the other party thirty (30)calendar days written notice. A Customer may terminate a Purchase Order or other contractual document or relationship by giving the other party thirty (30) calendar days written notice; however, Customer will be responsible for paying Motorola for any Equipment delivered or Services performed through the date of termination. L Section 11,Contract Enforcement, Subsection B. Termination,4)Termination for Cause,b) Purchase Order is hereby restated in its entirety as follows: Customer or Order Fulfiller may terminate a Purchase Order or other contractual document or relationship upon the occurrence of a material breach of any term or Department of Information Resources Page 8 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. condition: (i)of the Contract, or(ii)included in the Purchase Order or other contractual document or relationship in accordance with Section 4.13.2 above, upon the following preconditions: first, the parties must comply with the requirements of Chapter 2260, Texas Government Code, in an attempt to resolve a dispute; second, after complying with Chapter 2260, Texas Government Code, and the dispute remains unresolved,then the non-defaulting party shall give the defaulting parry thirty (30) calendar days from receipt of notice to cure said default. If the defaulting party fails to cure said default within the timeframe allowed, the non-defaulting parry may, at its option and in addition to any other remedies it may have available, cancel and terminate the Purchase Order. Customer may immediately suspend or terminate a Purchase Order without advance notice in the event Vendor fails to comply with confidentiality, privacy, security requirements, environmental or safety laws or regulations, if such non- compliance relates or may relate to vendor provision of goods or services to the Customer. (Remainder of page intentionally left blank) Department of Information Resources Page 9 of 10 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4101 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. MOTOROLA SOLUTIONS INC. Authorized By: Signature on File Name: Chris Lonnett Title: Vice President, Government Sales-Central Region Date: 4/24/2018 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: 4/24/2018 Office of General Counsel: DB 4/24/2018 Department of Information Resources Page 10 of 10 (DIR rev 03/2018) Amendment Number 4 to Contract Number DIR-TSO-4101 between State of Texas, acting by and through the Department of Information Resources and Motorola Solutions, Inc. This Amendment Number 4 to Contract Number DIR-TSO-4101 ("Contract") is between the Department of Information Resources ("DIR") and Motorola Solutions, Inc. ("Vendor"). DIR and Vendor agree to modify the terms and conditions of the Contract as follows: 1. Appendix C, Pricing Index (Per Amendment 3), is hereby updated and replaced in its entirety with Appendix C, Pricing Index (Per Amendment 4), as attached. All other terms and conditions of the Contract, not expressly amended herein, shall remain in full force and effect. In the event of conflict among the provisions, the order of precedence shall be this Amendment Number 4, then Amendment Number 3, then Amendment Number 2, then Amendment 1 and then the Contract. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Amendment 4 Contract DIR-TSO-4101 rev.05/2020 Page 1 IN WITNESS WHEREOF, the parties hereby execute this amendment to be effective as of the date of the last signature. Motorola Solutions, Inc. Authorized By: Signature on File Name: Neil Thomas Title: Vice President, West Region Date: 4/7/2021 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date:4/13/2021 Office of General Counsel: MH 4/12/21 Amendment 4 Contract DIR-TSO-4101 rev.05/2020 Page 2 Appendix C Pricing Index DIR-TSO-4101(Per Amendment 4) Motorola Solutions,Inc. Motorola Branded Products DIR Customer Discount% Category Subcategory Product Product Code - Portable Radios TRBO TRBO Radio CDM Portfolio 001 25.00% Service Systems Equipment CommandCentral Aware Product 002 10.00% Video Solutions ILPS RTVI 002 10.00% Service Hardware Maintenance Site Maintenance 003 0.00% Portable Radios TRBO TRBO Radio EX Portfolio 004 25.00% Service Professional Commercial Radio AOBA 004 0.00% Fixed Stations Fixed Stations PR860 005 20.00% Professional Commercial Radio Radio PR860 005 10.00% Service Dispatch Service Dispatch Service 006 5.00% Service Hardware Maintenance ASTRO Dispatch 006 0.00% Professional Commercial Radio Radio EVX S24 007 10.00% Portable Radios TRBO TRBO Radio HT Portfolio 008 25.00% Professional Commercial Radio Business Radio CLP 009 10.00% Professional Commercial Radio Vertex Vertex Marine Radio 010 10.00% Service Tetra System Integration Tetra System Integration 011 10.00% Service Tetra System Integration Tetra System Integration Misc Costs 012 10.00% Service Tetra System Integration Tetra System Integration Dropship 014 10.00% Astro Subscribers XTS/XTL Fir round 015 20.00% Fixed Wireless Fixed Wireless Broadband Special Applications 015 20.00% Professional Commercial Radio Vertex Vertex Airbrand 016 10.00% Portable Radios TRBO TRBO Radio CP Portfolio 018 25.00% Portable Radios TRBO TRBO Radio PM/CM Portfolio 019 25.00% CAD Equipment Computer Aided Dispatch PremierOne CAD 020 5.00% Service Hardware Maintenance TETRA Repair 021 0.00% Subscribers XTS/XTL ATS-2500 022 10.00% Service Hardware Maintenance PCR Repair 023 0.00% Professional Commercial Radio Radio Solomns 024 10.00% Service Hardware Maintenance LTE Network Performance 025 0.00% IDEN Noncore 3G PCMCIA Modem 026 10.00% Professional Commercial Radio Radio ALPHA L 027 10.00% Service ASTRO System Infrastructure DATA Carrot 028 10.00% Drop Ship ASTRO System Infrastructure DATA 029 10.00% Spillman CAD Spillman Services Spillman SI Services 030 0.00% Service IPLS Services CommandCentral Social 031 0.00% Portable Radios APX Accessories APX Body Cam Si500 032 20.00% Portable Radios TRBO TRBO Radio 158 Portfolio 032 25.00% Service ILPS Service CommandCentral Vault 032 0.00% Service Hardware Maintenance LTE Repair 033 0.00% Service LTE SUA Systems Dropship LTE SUA Upgrade Operations 034 0.00% Professional Commercial Radio Radio MOTOTALK DAYTONA 035 10.00% Professional Commercial Radio Radio Panda 036 10.00% Portable Radios TRBO TRBO Radio Portfolio 037 25.00% Mobiles Mobile Stations MOTOTRBO 038 10.00% CAD Equipment Computer Aided Dispatch Radio IP 039 5.00% Infrastructure LTE Devices Outsourced Networks 039 10.00% Trunking Trunking Products and Services Wireless Valley Software 039 5.00% LTE LTE Devices MVX1000 In Car Digital Video 040 10.00% Data Data Applications Auto License Plate 041 10.00% Data Data Applications Video Cameras 041 10.00% Service ASTRO SUA Astro SUA Upgrade Operations 042 0.00% Service ASTRO SUA ASTRO SUA Field Services 043 0.00% LTE LTE Devices POD 044 10.00% LTE LTE Devices Prince-Denali 045 10.00% Service Hardware Maintenance Tetra Infrastructure Tech Support 046 0.00% Service Hardware Maintenance PCR Infrastructure Tech Support 047 0.00% Service Hardware Maintenance LTE Infrastructure Tech Support 048 0.00% IDEN Networks other Systems Motorola PTT 049 10.00% Service ICC Services Records Management 050 0.00% LTE LTE LTE Sites 051 10.00% LTE LTE Systems Dropship LTE BTW 052 10.00% LTE LTE MIME,SGW,PGW 053 10.00% LTE ILTE Systems Dropship HSS/PCRF 054 10.00% LTE LTE Systems Dropship LTE Switch Routers 055 10.00% LTE LTE Device Manager 056 10.00% LTE LTE Devices Vehicular Modem 057 10.00% LTE LTE USB Dongle 058 5.00% LTE LTE System Infrastructure Applications 059 10.00% LTE LTE Systems Dropship Deployable Core 060 10.00% LTE LTE Applications 061 10.00% LTE LTE Systems Dropship LTE Backhaul 062 10.00% LTE LTE PSIG 063 10.00% LTE LTE SI LTE HMP 064 0.00% LTE LTE PDA Handheld 065 10.00% LTE LTE Devices Futon-Teton 065 10.00% LTE LTE Dropship 066 10.00% LTE LTE Systems Dropship Shinning Red 067 10.00% CAD Equipment Computer Aided Dispatch Advanced Messaging 068 10.00% LTE LTE System Infrastructure Broadband Core 069 10.00% Service LTE SI LTE SMP 070 0.00% PCR PCR Business Light Dect High Tier 071 10.00% PCR PCR Business Light Consumer Radio 2 072 10.00% Service Hardware Maintenance PCR Device SFS Essential 073 0.00% IDEN Noncore D15 G18 G20 074 10.00% Fixed Wireless Fixed Wireless Broadband MESH 075 5.00% Dropship ASTRO Systems Dropship Wireless Valley Service 076 0.00% Service LTE Managed Services Apps&SW Mgmt-Smart Public Safety Solutions 077 0.00% Infrastructure TETRA Systems Software TETRA Dropship 078 10.00% Software ILPS Service Situational Awareness SI 079 0.00% Video Solutions ILPS Real Time Crime Center 080 10.00% Service Hardware Maintenance TETRA Device SFS Comprehensive 081 0.00% Service ASTRO Systems Services MOSCAD ACE 085 0.00% Trunking Trunking Products and Services Fixed Data 085 15.00% Portable Radios TRBO TRBO Radio Portfolio 087 25.00% Service Hardware Maintenance Tetra System Essential 088 0.00% Professional Commercial Radio PCR Business Light Gobi Bear 089 15.00% Software ICC Services PremierOne Records Delivery 090 0.00% Service Tetra SUA TETRA SUA 091 0.00% Service Hardware Maintenance LTE Device SFS Comprehensive 092 0.00% Service IPLS Services Crime Reports 093 0.00% Service ICC Services NEXT GEN ICC 094 0.00% Service ILPS Service CommandCentral Aware Stream Svcs Fixed 095 0.00% Service ILPS Service CommandCentral Aware Stream Svcs Mobile 096 0.00% S illman CAD S illman Services Flex Records Deliver 097 10.00% Service ASTRO Managed Services MOTOTRBO Device Subscriber Management 098 0.00% Spillman CAD Spillman Services Flex Records Delivery 099 10.00% System Integration ASTRO System Integration HSD 100 0.00% System Integration ASTRO System Integration 350W VHF GTR 101 0.00% Service Hardware Maintenance TETRA Network Monitoring 102 0.00% Mobiles Mobile Stations CDM750 103 26.50% MOTOTRBO Professional Commercial Radio WARIS Mobile Plain 103 10.00% Infrastructure ASTRO System Infrastructure PREPAID FREIGHT 104 0.00% Professional Commercial Radio Professional Commercial Radio Reunion 105 10.00% Service Hardware Maintenance PCR Network Monitoring 106 0.00% Service Hardware Maintenance LTE Network Monitoring 107 0.00% Portable Radios APX Portable APX7000L 108 27.00% Mobiles Mobile Stations CDM1250 109 26.50% MOTOTRBO Professional Commercial Radio WARIS Mobile Popular 109 10.00% Professional Commercial Radio Professional Commercial Radio Mikoshi Radio 110 10.00% Tetra Subscriber Tetra Legacy Tetra MTP810&50 111 10.00% Fixed Stations Fixed Stations G-Series Products 112 24.00% Trunking Trunking Products and Services G-Series Products 112 24.00% Service Hardware Maintenance PCR System Advanced 113 0.00% Service Hardware Maintenance LTE Dispatch 114 0.00% Trunking Trunking Products and Services Commport 115 10.00% Dispatch Dispatch Solutions NG-911 Maintenance and Repair 116 5.00% Infrastructure ASTRO System Integration FSA Software 117 10.00% Dropship NG911 Services E911 Emergency Systems 118 10.00% Service Tetra SUA Tetra SUA Upgrade Operations 119 0.00% Service I Tetra SUA ITetra SUA Field Services 120 0.00% Tetra Subscriber ITetra Mobile ITetra MTP3550 121 1 10.00% Tetra Subscriber ITetra Portable ITetra NEXTEX LKP 122 1 10.00% Tetra Subscriber Tetra Portable Tetra NEXTEX FKP 123 10.00% Dispatch Dispatch Solutions Command Star/MC Series 124 19.00 Tetra Subscriber Tetra Portable Tetra MTP6550 125 10.00% Professional Commercial Radio Portable Radios Belize Trunking Portable 126 10.00% System Integration ASTRO System Integration System Integration Outsourcing 127 0.00% Portable Radios APX Accessories APX Body Cam Si500 128 20.00 Service ASTRO System Integration System Integration Insourcing 128 0.00% Dispatch Dispatch Solutions Gold Series Headsets 129 20.00% Professional Commercial Radio Subscribers TONGA Plus 130 10.00% Network Products Network Products Microwave Radio 131 15.00% Professional Commercial Radio Subscribers BEACON 133 10.00% Professional Commercial Radio Subscribers CLS 134 10.00% Dropship ASTRO System Dropship Freight Dropship 135 0.00% Pagers/Receiver Pagers/Receiver Minitor Products 136 15.00% Portable Radios APX Portable APX4000XH 136 27.00% Professional Commercial Radio Pagers/Receiver Minitor Products 136 15.00% Infrastructure ASTRO System Infrastructure KMF 137 15.00% Data Data Applications Command Central Software 138 10.00 Service NG911 Services CommandCentral Anal/Pred/Tip 138 0.00% Dispatch Dispatch Solutions NG-911 Hardware Callworks 139 5.00 IDEN Systems Equipment MSO 140 10.00% ILPS ILPS Service Records&Evidence SI 141 0.00% Astro Subscribers XTS/XTL Trunk MCS2000 Duplex 142 20.00% Professional Commercial Radio Indirect Freight Indirect 143 0.00% ILPS ILPS Service Records&Evidence SI 144 0.00% ILPS ILPS Service Records&Evidence SI 145 0.00% Software Services Common Services Delivery Cloud Connect Services 146 0.00 Dispatch Dispatch Solutions MIND Products 147 15.00% Infrastructure ASTRO System Integration IP Transport Software 147 10.00% Network Products Network Products MIND Products 147 15.00% Service ICC Services CommandCentral Inform 149 0.00% Service Hardware Maintenance PCR Device SFS Comprehensive 150 0.00% IDEN iDEN System Equipment RFN 151 10.00% Dropship ASTRO Systems Dropship PT Trunked Intercon 152 10.00% Data Data Applications HPD 153 15.00 Professional Commercial Radio Mobile Radio Desktrac Conventional 154 10.00% Vertex Professional Commercial Radio Vertex NEO Raskin 156 10.00% Private Broadband Nitro Nitro Infrastructure 156 10.00% Private Broadband Nitro Nitro Networking 156 10.00% Private Broadband Nitro Nitro End User Equipment 156 10.00% Private Broadband Nitro Nitro Subscription Packages 156 10.00% Tetra Subscriber Tetra Portable Tetra MTP750 157 10.00% Portable Radios TRBO TRBO Radio CP Portfolio 158 25.00% Mobiles Mobile Stations GM300 159 20.00% Infrastructure ASTRO System Integration AVL Products 160 10.00% Astro Subscribers XTS/XTL Freight Subscriber 163 0.00 Professional Commercial Radio Mobile Radio VX 264 164 10.00% Professional Commercial Radio Mobile Radio Consumer Radios 165 15.00% Pagers/Receiver Pagers/Receiver Advisor 11 169 20.00% LTE Devices M W810 Mounting Gear 170 15.00 LTE Devices Cascade-LEXL10 171 15.00% Spillman CAD Spillman Services ALLY Delivery Services 172 0.00% Spillman CAD Spillman Services Flex CAD Support Services 173 0.00% Professional Commercial Radio Portable Radios YODA GP300 174 15.00% Professional Commercial Radio Mobile Radio Consumer Radios(High) 175 15.00% Astro Subscribers XTS/XTL XTL1500 Rebanding 176 15.00% Data Data Subscriber Device MC35/MC50 177 15.00% Video Solutions Video Cameras 177 10.00% Video Solutions Video Video Hardware 178 10.00% Video Solutions Video Video Software 179 10.00% Video Solutions Video Access Control 180 10.00% Video Solutions Video Video Patents 181 10.00% Professional Commercial Radio PCR Business Light EMEA Consumer ELB 182 10.00% Dropship ASTRO Systems Dropship Distributed Antenna Systems 183 10.00 ILPS ILPS Service Situational Awareness Support Services 184 5.00% Data Data Subscriber Device Service 185 0.00 Dispatch Dispatch Solutions Service-Warranty 185 0.00% Portable Radios APX Service APX Service Extension 185 0.00% Professional Commercial Radio lRadio Mozart 186 10.00% Portable Radios APX Accessories APX Portable Accessories 187 27.00 Professional Commercial Radio Professional Commercial Radio P110 YODA Lite 188 25.00% Mobiles Mobile Stations Mobile Accessories 189 19.00% Astro Subscribers XTS/XTL MTX810 Privacy Plus 191 10.00% Vertex Professional Commercial Radio Van Gogh 192 10.00% Infrastructure Tetra Fixed Equipment Tetra Dipc 193 10.00% Software Upgrades Flashport Infrastructure Software 195 27.00% Spillman CAD Spillman Flex Flex Records Support Services 196 0.00% Spillman CAD Spillman Flex Flex Jail Support Services 197 0.00% Service LTE Managed Services Apps&SW Mgmt-Shared Operations 198 0.00 Service ASTRO Managed Services Tetra System Premier 199 0.00% Infrastructure ASTRO System Integration Delivery 200 0.00% Astro Subscribers XTS/XTL KVL II 201 10.00 Dispatch Dispatch Solutions APX Desksets 202 20.00% Professional Commercial Radio Subscribers Bali 800 900MHz 203 15.00% Astro Subscribers XTS/XTL Renaissance Open 204 15.00 Astro Subscribers XTS/XTL XTS2500 7 800 205 15.00 Portable Radios APX Accessories APX Body Cam Si500 206 20.00 Service Hardware Maintenance Local Device Repair 206 0.00% Dispatch Dispatch Solutions Dropship 207 25.00% Dropship ASTRO System Dropship UPS,Generators,and ancillary power equipment 207 10.00% Fixed Stations Fixed Station Accessories Dropship 207 25.00% Fixed Stations Fixed Station Antenna Systems Dropship 207 25.00 Network Products Network Products Dropship 207 25.00% System Integration ASTRO System Integration SI Project Management Labor 208 0.00% Service Hardware Maintenance System Installation 209 0.00% Infrastructure ASTRO System Infrastructure PKI Solution 212 10.00% Fixed Data Fixed Data Products MOSCAD 214 15.00% MOTOTRBO Professional Commercial Radio Motorola Applications 216 15.00% Dropship ASTRO System Dropship Cambium-PTP Orthogon License 218 10.00 Service Hardware Maintenance Asset&Configuration Management 219 0.00% Smart PS Services 3rd Party Services 220 0.00% Astro Subscribers XTS/XTL Clear Spectra Midpower 221 25.00% Fixed Network Fixed Network Equipment PDG Software 222 15.00% PTT PTT Services Kodiak Support Services 223 0.00% Fixed Wireless Fixed Wireless Broadband Point to Point 224 15.00% Fixed Stations Fixed Stations Quantar/Quantro 225 10.00% Infrastructure ASTRO System Integration Quarter Reciever 6809 Trunk 225 10.00 Dispatch Dispatch Solutions ISSI 226 15.00% PremierOne CAD PremierOne CAD Services PremierOne CAD Managed Services 227 0.00% Dispatch Dispatch Solutions Centracom 228 30.00% Dispatch Dispatch Solutions Logging/Astro-Tac 229 24.00% Dropship ASTRO Consoles Console Accessory 229 15.00 Tetra Subscriber Tetra Mobile Tetra Bosai Mobile 230 15.00% Service Hardware Maintenance 3rd Party Case Support 231 0.00 CAD Equipment Computer Aided Dispatch Advanced Messaging 232 5.00% Network Products Network Products UNS 232 10.00% Service PCR SUA Software Upgrade Agreement 233 0.00 Service PCR SUA Software Upgrade Agreement 234 0.00 PremierOne CAD PremierOne CAD Services PremierOne Records Managed Services 236 0.00% Software Software Services Cloud Connect Managed Services 238 0.00 Vertex Professional Commercial Radio Vertex LMR Mobiles 239 15.00% Professional Commercial Radio Fixed Equipment C100 Base Station 240 15.00% IDEN Noncore Symbol 242 15.00% Infrastructure ASTRO System Infrastructure Quarter Quantro ASTRO 243 10.00 Infrastructure Consoles Trunked Centercomll 244 10.00% Accessories Other Accessories EMEA Accessory 13213 245 10.00% Professional Commercial Radio Subscribers ALPHA II 246 10.00% IDEN Noncore MIINS 247 10.00% IDEN Noncore MIINS 251 10.00% PremierOne CAD PremierOne CAD Services PremierOne CAD Recurring SaaS 252 0.00% Spillman CAD Spillman CAD Services Spillman Support Services Flex CAD SaaS 253 0.00 Astro Subscribers XTS/XTL Saver ASTRO Accessory 256 25.00 ILPS ILPS Service Anal tics SaaS 258 0.00% ILPS ILPS Service Communit Connect SaaS 259 0.00% Service LTE SUS LTE SUA Field Services 260 0.00% Dispatch Dispatch Solutions Service Shop Supplies 261 5.00% Dropship ASTRO System Dropship Towers and ancillary tower equipment 262 10.00 Test Equipment Test Equipment Service Shop Supplies 262 20.00% Software Software Services Cloud Connect SaaS 263 0.00 Service Hardware Maintenance PTP Service 265 0.00% PremierOne CAD PremierOne CAD Services PremierOne CAD 3rd Party Services 267 0.00% Spillman CAD Spillman CAD Services Flex CAD 3rd Party Services 268 0.00 Parts Hardware Maintenance Latin American Parts 269 15.00 Astro Subscribers XTS/XTL XTS2500 Rebanding 270 15.00% Accessories Other Accessories Carry Cases 271 15.00% Parts Hardware Maintenance RNSG Infrastructure 272 0.00% Fixed Stations Fixed Station Accessories Analog Comparator 273 10.00 Infrastructure ASTRO System Infrastructure OEM CryptR Micro 274 15.00% Fixed Data Fixed Data Products MOSCAD 275 15.00% Mobiles Mobile Stations XTL5000 276 25.00% Fixed Stations Fixed Station Accessories Smart X 277 25.00 Trunking Trunking Products and Services Smartnet Controller 277 25.00% Professional Commercial Radio Subscribers Bermuda Portable 278 15.00% Trunking Trunking Products and Services Zone Controller 280 25.00% Fixed Stations Fixed Stations Zone Manager 281 18.50% Trunking Trunking Products and Services Zone Manager Interface 281 18.50% Dropship ASTRO System Dropship HF-SSB BUY-IN Products 282 15.00% IDEN Noncore IDEN Modem 284 10.00% System Integration ASTRO System Integration Infrastructure Training 285 0.00% System Integration ASTRO System Integration SI Customer Training 286 0.00% Mobiles Mobile Stations PAC-RT,VRS750 287 10.00% Infrastructure ASTRO System Infrastructure Engineering Services 288 0.00% PremierOne CAD PremierOne CAD Services PremierOne Records 3rd Party Services 289 0.00% Service Hardware Maintenance Warranty Wrap 290 0.00% Accessories Other Accessories Mobile Dropship 291 10.00% Dropship ASTRO System Infrastructure Dropship Equipment 292 0.00% Professional Services Training Training 293 0.00% Service Maintenance Services/Training 293 0.00% Service Hardware Maintenance PCR Device SFS Lite 294 0.00% Service Hardware Maintenance Tetra System SFS Essential 295 0.00% Spillman CAD Spillman CAD Services Flex Records 3rd Party Services 296 0.00 CAD Equipment Computer Aided Dispatch Records Management 297 5.00% Service Hardware Maintenance Astro System Essential 298 0.00 IDEN Noncore Telematic 299 10.00 Professional Commercial Radio Subscribers ELM 300 10.00% Fixed Stations Fixed Stations Quantar Astro Trunking 301 20.00% Vertex Professional Commercial Radio Vertex Parts 301 10.00% Infrastructure Tetra System Switches Tetra DIPM 302 10.00% IDEN iDEN System Equipment IPL 303 10.00% Professional Commercial Radio Subscriber other Subscriber Software Upgrades 304 10.00 APX Portable Devices APX Portable APX4000XH 305 27.00% ASTRO P25 ASTRO SI SI Sight Design 306 0.00% System Integration Construction Services SI Site Design including but not limited to soil testing and geo analysis 306 10.00 Professional Commercial Radio Portable Radios MX800 307 10.00% System Integration ASTRO System Integration System Integration ASTRO 308 0.00 System Integration ASTRO System Integration System Integration ASTRO 309 0.00 Astro Subscribers XTS/XTL ASTRO Saber 310 25.00 Spillman CAD Spillman Flex Flex Jail 3rd Party Servies 311 0.00% Vertex Professional Commercial Radio Vertex LMR Accessories 312 25.00% ILPS ILPS Service Digital Evidence 3rd Party Services 314 0.00% ILPS ILPS Service Anal tics 3rd Party Services 315 0.00% Infrastructure ASTRO System Infrastructure Infrastructure 316 10.00% ILPS ILPS Service Communit Connect 3rd Party Services 317 0.00% Infrastructure ASTRO System Infrastructure Infrastructure 318 10.00% Software Services Common Services Recurring Cloud Connect Services 3rd Party Services 319 0.00 Astro Subscribers XTS/XTL XTS5000 UHF VHF 320 25.00% Dispatch Dispatch Solutions MCC5500 322 20.00% IDEN Noncore WINS 325 10.00% Astro Subscribers XTS/XTL ASTRO XTS3000 Trunked 326 25.00 WAVE PTT Wave Tactical Recurring Wave Tachical 3rd Party Services 327 0.00 Infrastructure ASTRO Consoles Centracom II 328 25.00% Fixed Network Fixed Network Equipment Site Packages 329 10.00% CAD Equipment Computer Aided Dispatch PremierOne CAD 330 5.00% WAVE PTT Common Service WAVE Premise 3rd Party Services 331 0.00% Astro Subscribers ASTRO Subscriber Software Conventional FLASHPORT Subscriber 332 10.00 CAD Equipment Computer Aided Dispatch PremierOne CAD 333 10.00% Software CSR Product Sofware Equipment BGM AIIo 334 10.00% Service Smart Public Safety Services Sofware Services BGM Allo 335 0.00 WAVE PTT Wave OnCloud Recurring Wave OnCloud 3rd Party Services 336 0.00 Public Safety Services Unified Communications Critical Connect 3rd Party Services 337 0.00 Smart PS PTT Kodiak Recurring Kodiak 3rd Party Services 338 0.00% System Integration Tetra System Integration Tetra SI Training 339 0.00% Software Non Traditional System Integration MTA Software Maintenance 340 10.00% LTE Devices Fulcrum 341 15.00 Fixed Data Fixed Data Products MOSCAD 342 15.00% Data Data Applications Dell Laptops 343 22.00% LTE Devices Private Labled Computers 343 15.00% Infrastructure Base Stations Tetra MTS1 344 15.00% Professional Commercial Radio Subscribers Low Tier Business Radio 345 15.00% MOTOTRBO Broadband_Comms MOTOTRBO Anywhere Gateway 346 15.00% IDEN iDEN System Equipment Radio Products 347 15.00% Service ASTRO Managed Services Astro System Premier 348 0.00% Dispatch Dispatch Solutions NG-911 Support/Training VESTA 349 10.00% Dispatch Dispatch Solutions NG-911 Software Vesta 350 5.00 Dropship ASTRO System Dropship Outsourced Networks 351 10.00% Dispatch Dispatch Solutions NG-911 Hardware Vesta 352 10.00 Console Equipment MotoConsole MotoConsole Product 354 15.00% Astro Subscribers XTS/XTL XTS2000 355 25.00% MOTOTRBO Broadband_Comms MOTOTRBO Anywhere Licenses 356 10.00% Service Gridstone Services Gridstone 357 0.00% Infrastructure ASTRO System Infrastructure IP Transport Software 358 10.00 MotoConsole MotoConsole Services MotoConsole Support Services 359 0.00% Fixed Stations Fixed Stations Quantar Receiver 360 21.50 Pagers/Receiver Pagers/Receiver Paging 361 15.00% Service Hardware Maintenance LTE System SFS Essential 361 0.00% Dropship Site Equipment Shelters including but not limited to landscaping,fencing and grounding 362 10.00% Parts Hardware Maintenance Midtier Hardware 362 0.00% Software Products Common Services Software Misc 3rd Party Software 363 0.00% P25 P25 VESTA P25 VESTA Managed Services 364 0.00 P25 P25 ASTRO SI P25 VESTA Integration Services 365 0.00 P25 P25 VESTA P25 VESTA Product 366 10.00 Spillman CAD Spillman CAD Software Spillman Flex CAD Software Licenses 367 10.00 ILPS ILPS Systems Software Situational Awareness MSI Software Licenses 368 10.00% Service ICC Services NETRMS 370 0.00% Software Upgrades Flashport Radio Subscription Software 371 0.00% Accessories Other Accessories Speaker Microphones 372 25.00% Service Hardware Maintenance Astro System Advanced 373 0.00 Mobiles Mobile Stations Astro Consolette 374 19.00% LTE LTE LTE 375 0.00 Professional Commercial Radio Subscribers Andorra Amazon LKP 376 10.00% Fixed Stations Fixed Stations Trunked Central Controller 377 17.00% Trunking Trunking Products and Services Central Controller 377 17.00% LTE Devices AIRMOBILE 378 10.00 Professional Commercial Radio Subscribers Brown Bear 379 10.00% Service Airwave Pronto Airwave Pronto 380 0.00% Fixed Network Fixed Network Equipment Enterprise Terminals 381 15.00% Fixed Data Fixed Data Products MOSCAD 382 15.00% Infrastructure ASTRO System Infrastructure NFM SW 382 10.00% Tetra Subscriber Portable Radios Tetra MTP6750 384 10.00% Spillman CAD Spillman Flex Records Flex Records MSI Software Licenses 385 10.00% Service Hardware Maintenance Repair Bank 386 0.00% Service Other Smart Public Safety Services Consoles SI 387 0.00 IDEN Noncore MIINS 388 10.00% Spillman CAD Flex Records Software Flex Jail MSI Software Licenses 389 10.00% Service Hardware Maintenance System Management 390 0.00% IDEN iDEN System Equipment Radio Products 391 10.00% System Integration ASTRO System Integration ASIA Dropship 392 10.00% Service Hardware Maintenance Contract Administration 393 0.00% Service ASTRO Managed Services LTE Network Ownership 394 0.00% Service Hardware Maintenance ASTRO Device SFS Comprehensive 395 0.00% Software Common Services Cloud Connect Services MSI Software Licenses 397 0.00 Infrastructure Base Stations Tetra MTS2 398 10.00% Software Services Common Services Recurring Misc 3rd Party 400 0.00% Professional Commercial Radio Portable Radios Digital Portable 401 10.00% Professional Commercial Radio Portable Radios HT1000 GP900 402 25.00% Fixed Data Fixed Data Products Data Controller/RNC 403 15.00 Dispatch Dispatch Solutions Centracom 404 25.00% Infrastructure ASTRO System Infrastructure K Core 405 15.00 Astro Subscribers XTS/XTL PRO SMARTZONE 406 15.00% Astro Subscribers XTS/XTL XTS2500 UHF VHF 407 25.00% IDEN Noncore BT Handset ACP BMW 408 25.00% Tetra Subscriber Portable Radios Tetra MTP3100&200 409 10.00 Astro Subscribers XTS/XTL Prepaid Freight 410 0.00% Portable Radios APX Portable VX P949 411 25.00% Astro Subscribers XTS/XTL Conventional ASTRO Spectra 412 25.00 ILPS Services Records and Evidence Virtual Partner SaaS 413 0.00% Accessories Other Accessories Visar Accessories 414 25.00% Dispatch Dispatch Solutions Monitors 415 10.00% Dropship ASTRO_SYSTEMS_DROPSHIP Test Equipment 415 10.00% PS Equipment Critical Connect Product Critical Connect MSI Software Licenses 416 10.00% Fixed Stations Fixed Stations Misc Site Equipment 417 10.00% IDEN Noncore FUZE 418 10.00% Software ASTRO_SUA UNS SMA 419 10.00 PCR Subscriber EVX 261 420 10.00 MOTOTRBO Subscriber Application Partner Programs 421 10.00% MOTOTRBO MOTOTRBO Infrastructure 422 10.00% Service Tetra Managed Services Tetra Portugal 423 0.00% Fixed Stations Fixed Stations Master Site/Astro 424 15.00% Fixed Stations Fixed Stations Small Systems L Core 425 15.00 Infrastructure ASTRO System Infrastructure L Core 425 15.00% Mobiles Mobile Stations APX4000 426 27.00% Portable Radios APX Portable APX4000 426 27.00% Portable Radios APX Portable APX4000 APX2000 426 27.00% System Integration ASTRO System Integration Construction Management including subcontractors 427 0.00% Professional Commercial Radio Mobile Radio Maxtrac Conventional 428 25.00% Professional Commercial Radio Portable Radios GR900 429 25.00% Software Upgrades Flashport Flashport Software 430 27.00% Service Hardware Maintenance Astro Device Management Essential 431 0.00 Astro Subscribers XTS/XTL PC MTS2000 Conventional 432 25.00% MOTOTRBO Fixed Equipment Mototrbo High Tier Repeater 433 15.00% ILPS Situational Awareness Product Situational Awareness MSI Hardware 434 10.00% Professional Commercial Radio Fixed Equipment Capacity Max Hardware 435 15.00% Professional Commercial Radio Mobile Radio Maxtrac 900 Mhz 436 15.00% Astro Subscribers APX NEXT OEM Subscriber 437 27.00% Professional Commercial Radio Mobile Radio Maxtrac 888 438 15.00% MOTOTRBO Fixed Equipment 827 Controller 439 15.00% System Integration ASTRO System Integration Special Service 441 0.00% Portable Radios TRBO TRBO Radio PR Portfolio 442 25.00% Dispatch Dispatch Solutions MCC Console 443 25.00% Infrastructure Consoles MCC 7500 443 25.00% Spillman CAD Spillman CAD Flex Flex CAD 3rd Party Hardware and Software 445 0.00 Professional Commercial Radio Portable Radios Andorra Non-Display Portable Radio 446 15.00% Vertex Subscribers Vertex LMR Fixes 447 15.00% Fixed Stations Fixed Stations Quantar/Quantro 448 20.00% Professional Commercial Radio Software Capacity Max software-License 449 15.00% Pagers/Receiver Pagers/Receiver Pagers 452 15.00% Accessories Batteries CGISS Batteries 453 25.00% Dispatch Dispatch Solutions Audio Accessories 454 15.00% Fixed Data Fixed Data Products Data Subscriber 455 15.00 Parts Hardware Maintenance RPG Low/Mid/High Manual 456 0.00% Fixed Station Fixed Station Accessories Infrastructure Antennas 457 20.00 Service Hardware Maintenance ASTRO Device Repair 458 10.00% PremierOne CAD PremierOne CAD 3rd Party PremierOne Records 3rd Party Hardware and Software 459 0.00 Service Hardware Maintenance ASTRO System SFS Advance 460 0.00 Service Hardware Maintenance Device Installation 461 0.00% Astro Subscribers XTS/XTL KLV 3000 462 10.00 Professional Commercial Radio Subscriber ALPHA 463 10.00% Service ASTRO Managed Services Tetra Device Subscriber Management 464 0.00% Astro Subscribers XTS/XTL ATS3000 465 25.00% Mobiles Mobile Stations APX1500 466 27.00% Spillman CAD Spillman Flex Flex Records 3rd Party Hardware and Software 467 0.00% Spillman CAD Spillman Flex Flex Jail 3rd Party Hareware and Software 468 0.00% Fixed Data Fixed Data Products NFM Products 469 15.00% Infrastructure ASTRO System Infrastructure NFM Hardware 469 15.00% APX Portable Portable Radios Soldier MAC 470 27.00% Mobiles Mobile Stations APX1500/APX4500 471 27.00 CAD Equipment Computer Aided Dispatch CAD 472 10.00% Spillman CAD Spillman Flex Equipment Spillman Flex Equipment 472 10.00% CAD Equipment Computer Aided Dispatch CAD 473 5.00% Spillman CAD Spillman Flex Spillman Services 473 0.00% Fixed Stations Fixed Stations MTR 474 23.00% MOTOTRBO MOTOTRBO Applications 475 10.00% Professional Commercial Radio Mobile Radio MOTOTRBO Trunking Mobile 475 10.00% Accessories Other Accessories DC Accessories 476 25.00 Professional Commercial Radio Portable Radios Atex MOTOTRBO Portable 477 25.00% MOTOTRBO Fixed Equipment Mototrbo Mid Tier Repeater 478 10.00% Professional Commercial Radio Portable Radios PTX600 Trunked(MPT1327) 479 10.00% Portable Radios APX Portable APX6000/APX7000 481 27.00% Infrastructure ASTRO System Infrastructure D Series Harare 482 15.00% Portable Radios TRBO TRBO Radio PM Portfolio 483 25.00% Mobiles Mobile Stations MOTOTRBO 484 10.00 IDEN Noncore IMS 485 10.00% Public Safety ICC Smart Public Safety Equipment Procad UK 486 10.00% LTE LTE System Integration LTE FTR 4fl7 10.00 Video Solutions Fixed Video Camera's 488 10.00% ILPS Digital Evidence Product Digital Evidence 3rd Party Hardware and Software 489 0.00 Dropship ASTRO System Infrastructure Dropship 490 10.00% IDEN Noncore RFDS Cobra 491 10.00 Public Safety Software Product Cloud Connect Services 3rd Party Hardware and Software 492 0.00 IDEN Noncore TPS TPU EU 493 10.00% Astro Subscribers XTS/XTL Trunked ASTRO Mobile 494 25.00% Trunking Trunking Products and Services PDG Hardware 495 15.00% ILPS Common Services Recurring Misc Support 497 0.00% ILPS Records and Evidence Virtual Partner Software 498 0.00% Fixed Data Fixed Data Products MOSCAD 499 10.00% Mobiles Mobile Stations XTL5000 500 25.00% Dropship ASTRO System Dropship MICOM-2000 501 10.00% Infrastructure Base Stations Tetra Site Software 502 10.00% LTE Devices VRM500 503 10.00 Infrastructure Consoles Gold Series Elite 504 25.00% Accessories Other Accessories Callbox 505 10.00% Infrastructure Fixed Stations Tetra MTS Shared 506 10.00% IDEN System Equipment EBTS Cabinets 507 10.00% LTE Devices VRM600 508 10.00 Fixed Stations Fixed Stations Astro Quantar 509 25.00 Public Safety Broadband Comms Critical Connect 3rd Party Hardware and Software 510 0.00 Professional Commercial Radio Mobile Radio BALI Display Mobile Radio 511 10.00% Fixed Stations Fixed Stations MTR3000 512 24.00% PremierOne CAD PremierOne CAD Product PremierOne CAD MSI Software Licenses 513 10.00% Mobiles Mobile Stations XTL2500 514 25.00% Fixed Stations Fixed Station Accessories Transmission Line 515 20.00% MOTOTRBO MOTOTRBO Applications 516 10.00% Mobiles Mobile Stations XTL2500 518 25.00% Security Network Security Network Security Moniroring 519 0.00% Security Security Update Security Update 519 0.00% Dispatch Dispatch Solutions WAVE Technology 520 10.00 MOTOTRBO Fixed Equipment Mototrbo Low Tier Repeater 521 10.00% IDEN System Equipment IDEN Accessories 522 10.00 Astro Subscribers XTS/XTL RDX Terminal Controllers 523 10.00% Dispatch Dispatch Solutions Motobridge 524 10.00% Fixed Stations Fixed Station Accessories Astro DIU 524 15.00% Secure Solutions ASTRO ASTRO DIU 524 15.00% Fixed Stations Fixed Station Accessories Astro Comparator 525 15.00 Secure Solutions ASTRO ASTRO Comparator 525 15.00% Astro Subscribers XTS/XTL ASTRO Spectra Plus 526 15.00 Mobiles Mobile Stations APX6500 527 27.00% IDEN System Equipment EBTS IPL 528 10.00% IDEN System Equipment Private IDEN Infrastructure 529 10.00% Infrastructure System Switches Tetra Network Management 530 10.00% IDEN Noncore Location&Microtag 531 10.00% Infrastructure Systm Switches Tetra Infrastructure Secure 532 10.00% Service System Equipment Fusion 2 533 0.00% Service Communication Services WAVE Cloud Connect SaaS 534 0.00% Service Communication Services WAVE Cloud Connect HW 535 0.00% APX Portable Portable Radios APX Covert Portable 536 27.00% Fixed Stations Fixed Stations SZ Intellirepeater 537 27.00% Professional Commercial Radio Software Radio Application 538 10.00% Professional Commercial Radio Software Visar Privacy Plus 539 25.00% Service iDEN Services SMP Services 540 0.00% WAVE PTT Wave Tactical Product WAVE Tactical MSI Software Licenses 541 10.00% Infrastructure Tetra System Switches Tetra Call Processing 542 10.00% Tetra Subscriber Portable Radios Tetra BOSAI Portable 543 10.00% Infrastructure Tetra System Switches Tetra CNE Interconnect 544 10.00% Kodiak PTT Kodiak Product Kodiak MSI Software Licenses 545 10.00% Professional Commercial Radio Subscriber Tonga 546 10.00% IDEN System Equipment EBTS Radios 547 10.00% CAD Equipment Computer Aided Dispatch CAD 548 10.00% Service Communication Services Wave Managed Services 549 0.00% Professional Commercial Radio Subscribers Vanuatu 550 10.00% Service Communication Services WAVE Essential 551 0.00% Parts Batteries Competitive Two Way 552 25.00% Service Communication Services WAVE Advanced 553 0.00% Mobiles Mobile Accessories Mobile Antennas 554 15.00% Accessories Other Accessories Portable Antenna 555 25.00 Service HW_MAINTENANCE Tetra Device Repair 556 0.00% MOTOTRBO MOTOTRBO Controller 557 10.00% Infrastructure Tetra System Switches Tetra Infrastructure Hardware 3rd Party 558 10.00% Infrastructure Tetra System Switches Tetra Mobile Data 559 10.00% Service Hardware Maintenance ASTRO Device SFS Essential 560 0.00% Service Maintenance Service Maintenance 561 0.00% APX Portable Portable Radios APX7000XE APX Fire 562 27.00% M OTOTRBO MOTOTRBO Controller 563 10.00% Vertex Subscribers LM R Spares 564 10.00 Infrastructure Tetra System Switches Tetra CNE Consoles 565 10.00% Professional Commercial Radio Mobile Radio Spectra Privacy Plus 566 10.00% Software Software Product Misc Common Services Product 567 10.00% ICC PremierOne 3rd Party PremierOne CAD 3rd Party Hardware and Software 568 0.00 LTE System Infrastructure LXN500 569 10.00% Astro Subscribers XTS/XTL Portable Repeaters 570 10.00 Mobiles Mobile Stations DVR 571 15.00 ILPS Situational Awareness Product Situational Awareness 3rd Party Hardware and Software 572 0.00 CAD Equipment CSR Product CommandCentral Conn.Eq. 573 10.00% Software Tetra SUA Tetra SSA 574 10.00 Professional Commercial Radio Mobile Radio TRC Housing 575 10.00% Infrastructure Tetra Tetra Infrastructure Software 576 10.00% Accessories Other Accessories Waris Accessories 577 10.00 Portable Radios APX Portable APX8000 579 27.00% WAVE PTT Wave Tactical Product WAVE Tactical 3rd Party Hardware and Software 580 0.00% APX Portable Portable Radios APX8000XE 581 27.00% Professional Commercial Radio Business Radio MS50 582 10.00% WAVE PTT WaveOnCloud Product Wave OnCloud 3rd Party Hardware and Software 583 0.00 Kodiak PTT Kodiak Product Kodiak 3rd Party Hardware and Software 584 0.00 Mobiles Mobile Stations XTL5000 585 25.00% Service Hardware Maintenance Tetra System Advanced 587 0.00 PremierOne CAD PremierOne CAD Recurring PremierOne CAD Support Services 588 0.00% PremierOne Records PremieOne Records PremierOne Records Support Services 589 0.00% Fixed Stations Fixed Stations Quarter Receiver 590 21.50 Parts Hardware Maintenance Legacy Infrastructure Data Paging 591 10.00% Trunking Trunking Products and Services MTR2000 Trunking 593 23.00% IDEN System Equipment P-IDEN Accessories 594 10.00% Fixed Stations Fixed Stations STR3000 595 18.00% IDEN System Equipment EBTS Components 596 10.00% Infrastructure Tetra Infrastructure Tetra CNE MCC7500 597 10.00% System Integration Tetra System Integration Tetra SI Motorola Shared 598 10.00% System Integration Tetra System Integration Tetra SI Motorola Shared 599 10.00% Data Data Applications Command Central Vault 600 15.00 Service ILPS Service CommandCentral Connections 600 0.00% WAVE PTT WAVE Tactical Recurring WAVE Tactical Support Services 601 0.00% Astro Subscribers XTS/XTL Subscriber Other 602 25.00 Professional Commercial Radio Mobile Radio Mostar Trunked 603 10.00% Astro Subscribers XTS/XTL Trunked Spectra 604 25.00% WAVE PTT WAVE Tactical Recurring WAVE Tactical Managed Services 605 0.00% Wireless Mobility Canopy Wireless Point to Point 606 15.00% Parts Other Accessories Tetra Accessories 607 10.00 Public Safety ICC System Equipment RMS Software 608 10.00% Professional Commercial Radio Software Elcomplus Applications 610 10.00% Dropship ASTRO System Dropship Smart WIBB 611 10.00% ILPS IPLS Services Situational Awareness SaaS 612 0.00% Service Maintenance Consoles SW Maintenance 613 0.00% Service Maintenance Consoles HW Maintenance 614 0.00% Tetra Infrastructure Tetra SUA 615 10.00 ILPS ILPS Service Digital Evidence SaaS 616 0.00% Astro Subscribers XTS/XTL Clear Spectra Conventional 617 10.00 Service Airwave Airwave Managed Services 618 0.00% Accessories Other Accessories 900 Digital Accessories 619 25.00 Astro Subscribers XTS/XTL PC-XTS3000 620 25.00% Astro Subscribers XTS/XTL Subscriber Carrot 621 25.00 IDEN Noncore Spirit GSM 622 10.00% Astro Subscribers XTS/XTL MCS2000 623 10.00% Astro Subscribers XTS/XTL XTL2500 Rebanding 624 10.00% Portable Radios TRBO TRBO Radio PR Portfolio 626 25.00% Professional Commercial Radio Subscriber Belize ATEX 627 10.00% Professional Commercial Radio Subscriber Inmetro MSHA 628 10.00% WAVE PTT WAVE OnCloud Recurring WAVE OnCloud SaaS 629 0.00% Kodiak PTT Kodiak Recurring Kodiak SaaS 630 0.00% Service Tetra Managed Services Tetra Network Ownership 631 0.00% Tetra Subscriber Portable Radios Tetra LEO 632 10.00% Spillman CAD Spillman Ally ALLY SaaS 633 0.00 ILPS Situational Awareness Services Situational Awareness 3rd Party Services 634 0.00% LTE Devices LTE Device Dropship 635 10.00% Service iDEN Services SMP Software 636 0.00% Professional Commercial Radio Subscriber VX 450 637 10.00% MOTOTRBO Subscriber Waris Portable 638 10.00% Broadband Critical Connect Product Critical Connect Delivery Services 639 0.00% IDEN System Equipment MSO 640 0.00% IDEN System Equipment Warranty 641 0.00% WAVE PTT WAVE OnCloud Product WAVE OnCloud MSI Hardware 642 10.00% Fixed Stations Fixed Stations DIU 643 15.00% Mobiles Mobile Accessories M isc Accessories 644 19.00 Avigilon Video Managed Video Avigilon Managed Services 645 0.00% Maintenance Services Sonoma Hardware Sonoma Hardware Support 646 0.00 Infrastructure ASTRO System Equipment Trunked Terminals Software 647 10.00% IDEN iDEN System Equipment Private IDEN Dropship 648 10.00% Professional Commercial Radio Portable Radios VX 2100 2200 649 10.00 Smart Public Safety VaaS Video VaaS PS Hardware 650 10.00% Professional Commercial Radio Portable Radios HT800 VHF 651 10.00% Mobiles Mobile Stations APX Options 652 27.00% Accessories Other Accessories Telario 653 10.00% Astro Subscribers XTS/XTL Covert Portable XTS4000 654 25.00 Mobiles Mobile Stations APX7000 655 27.00% Portable Radios APX Portable APX Options 655 27.00% Mobiles Mobile Stations APX7500/APX8500 656 27.00% Astro Subscribers XTS/XTL XTS1500 Rebanding 657 25.00% Professional Commercial Radio Subscriber Centro Plus 658 10.00% Public Safety ICC System Equipment PSA 3rd Party Professional Services 659 0.00 Dispatch Dispatch Solutions WAVE Technology 660 10.00 Software Products VaaS Video VaaS DRN Hardware 662 10.00% Software Products VaaS Video VaaS EDX Hardware 663 10.00% Software Products VaaS Video VaaS PL Hardware 664 10.00% Software Products VaaS Video DISH PS Delivery 665 0.00% Software Services VaaS Video DISH Delivery 666 0.00% Software Services VaaS Video DISH EDX Delivery 667 0.00% Software Services VaaS Video DISH PL Delivery 668 0.00% Software Services VaaS Video DISH PS Support 669 0.00 Data Data Applications Intelligent Data Portal 670 0.00 Astro Subscribers XTS/XTL Subscriber Adjustment 671 0.00 Portable Radios TRBO TRBO Radio HT Portfolio 672 25.00% APX Portable Portable Radios APX8000Xi 673 27.00% Software Services VaaS Recurring DISH DRN Support 674 0.00 Fixed Stations Fixed Stations SZ Intellirepeater 675 20.00% Service Hardware Maintenance Tetra System SFS Advance 676 0.00 Infrastructure ASTRO System Infrastructure ID Series Harware 677 20.00% Astro Subscribers XTS/XTL LTS2000 Trunking 678 20.00% Professional Commercial Radio Business Radio SP21 FPS 679 20.00% Fixed Stations Fixed Stations Data Base Station 680 21.50 Mobiles Mobile Stations APX7500/APX8500 681 27.00 Professional Commercial Radio Business Radio Malta 682 10.00% Software Services VaaS Recurring DISH EDX Support 683 0.00% Infrastructure Tetra Fixed Equipment Tetra MTS41- 684 10.00% Service ASTRO Managed Services LTE System Premier 685 0.00% Professional Commercial Radio Console Avtec Third Party Console 686 10.00% Astro Subscribers XTS/XTL XTS MT 1500 687 20.00 Software SUA LTE SUA&SMA 688 10.00 LTE Devices MESIV MAKOM 689 10.00% Professional Commercial Radio Subscribers Consumer Radio LOW 690 10.00% Service LTE Managed Services Apps&SW M mt-Systems and Software Enablement 691 0.00 Software Services VaaS Recurring DISH PL Support 692 0.00% Software Services VaaS Recurring DISH PS SaaS 693 0.00% Software Services VaaS Recurring DISH DRN SaaS 694 0.00 Software Services VaaS Recurring DISH EDX SaaS 695 0.00% Software Services VaaS Recurring DISH PK Sees 696 0.00% Other Operation Equipment HCS Docklink 697 10.00% Service ASTRO Managed Services LTE Device Subscriber Management 698 0.00% Service ILPS Service Professional Services Planning 699 0.00% Service Hardware Maintenance Astro Device Management Advanced 700 0.00 Service ASTRO Managed Services Astro Device Management Premier 701 0.00% CAD Equipment Computer Aided Dispatch Premier CAD Maintenance 702 5.00% Professional Commercial Radio Mobile Radio Misc Mobile Shared System 703 10.00% Infrastructure ASTRO System Infrastructure AME 704 10.00% Professional Commercial Radio Subscriber VL50 705 10.00% Dispatch Dispatch Solutions MCC Accessories 706 20.00% Dispatch Dispatch Solutions Dropship 708 20.00% Fixed Data Fixed Data Products Fire Station Alerting 708 20.00% LTE LTE Battery Backup 708 20.00% Network Products Network Products Network Security 708 20.00% Trunking Trunking Products and Services Dropship 708 20.00% Professional Commercial Radio Mobile Radio XPR5500 Clean Cab Radio 710 10.00% Service Installation P 1225LTR 711 0.00 Managed Services Device Managed Services Device Application Subscription Services 712 10.00% Professional Commercial Radio Portable Radios Timor FKP Portable 713 10.00% Service Hardware Maintenance Tetra Device SFS Lite 715 0.00% Service iDEN Services Turnkey Services 716 0.00% MOTOTRBO Mobile Radio Waris Mobile Prime 717 10.00% Avi ilon Video Managed Video Video Premier 718 10.00% Professional Commercial Radio Portable Radios Timor LKP Portable 719 10.00% Professional Commercial Radio Portable Radios Visar 720 25.00% Astro Subscribers XTS/XTL XTS5000 7 800 721 25.00 Astro Subscribers XTS/XTL Trunked MCS2000 722 25.00% Hardware Maintenance APX Next Services Radio Next Device Management Essential 723 0.00 Hardware Maintenance APX Next Services Radio Next Device Management Advanced 724 0.00 ASTRO SUA APX Next Services Radio Next Device SMA 725 0.00 Portable Radios XTS XTS1500 726 25.00% ASTRO Managed Services APX Next Services Radio Next Device Management Premier 727 0.00% Emerging Solutions Emerging Solutions SI Emerging Solutions SI 728 0.00% Dispatch Dispatch Solutions Gold Series Flashes 729 17.00% Portable Radios Portable Radios HT1250 729 33.50% Emerging Solutions Emerging Solutions Services Emerging Solutions Services 730 0.00% IDEN iDEN System Equipment Private IDEN Subscribers 731 15.00% Dispatch Dispatch Solutions NG-911 Implementation Warranty 732 0.00% Emerging Solutions Emerging Solutions Services Emerging Solutions Software Solutions 733 0.00% Avtec Avtec Console Avtec Product 735 10.00% Data Data Subscriber Device MW810 736 22.00% Professional Commercial Radio Subscribers Waris ATX 737 15.00% ASTRO SUA Avtec Console Services Avtec Scoutcare 738 0.00% ASTRO SUA ASTRO Software Maintenance ASTRO SUA Completed Contract 739 0.00 Dispatch Dispatch Solutions MIP5000 740 20.00% ASTRO SUA ASTRO Software Maintenance ASTRO SUA Upgrade Operations 741 0.00 Portable Radios APX Accessories Misc APX Accessories 742 27.00 Infrastructure ASTRO System Infrastructure ASTRO Receivers 743 15.00% Fixed Stations Fixed Stations IMisc Parts 744 20.00% ASTRO Maintenance ASTRO SUA 1ASTRO SUA Field Services 745 0.00% Maintaenance Services Services Training SUA Training 746 0.00% Tetra Subscriber Portable Radios Tetra Software Subscribers 747 10.00 IDEN iDEN System Equipment Private IDEN Software 748 10.00% Portable Radios TRBO TRBO Radio HT Portfolio 749 25.00% Emerging Solutions Drones Drones 750 10.00% Professional Commercial Radio Subscribers Tahiti Numeric 751 10.00% Professional Commercial Radio Subscribers Timor NO Portable 752 10.00% Service Hardware Maintenance Devices Tech Support 753 0.00 Dropship Console Nimbus Dispatch Product 754 10.00% Portable Radios APX Portable APX6000 Basic 755 25.00% Portable Radios APX Portable APX6000XE 756 27.00% Mobile Radios APX Mobiles APX4500 Li 757 27.00% Service Hardware Maintenance PCR Dispatch 758 0.00% Professional Commercial Radio Portable Radios RADIUS P100 Portable 759 10.00% Mobiles Mobile Stations APX Options 761 27.00% Service iDEN Services Network Planning Design 762 0.00% Service iDEN Services Program Management 763 0.00% Service iDEN Services Network Performance 764 0.00% Service iDEN Services Operations and Maintenance 765 0.00 Data Data Applications IDP Services 766 0.00% Service Dispatch Service Dispatch Service 768 0.00% Service Maintenance Network Preventive&Onsite Infrastructure Response 769 0.00% Service Maintenance SUAII 769 0.00% Professional Commercial Radio Portable Radios Visar Conventional 770 20.00% Software ASTRO SUA Devices and Accessories SMA 771 20.00 Service Maintenance Technical Support 772 0.00% Service Hardware Maintenance Tetra Device SFS Essential 773 0.00% Service LTE Managed Services Apps&SW Mgmt-Third Party 774 0.00% Mobiles Mobile Stations XTL1500 775 16.50 Mobiles Mobile Stations Maratrac 776 20.00% MOTOTRBO MOTOTRBO Portables 777 10.00% Professional Commercial Radio Portable Radios XPR6100 Mid-Tier Digital Porte 778 10.00% Tetra Subscriber Tetra Legacy Tetra MTH800 779 10.00% Professional Commercial Radio Mobile Radio GR1225 780 10.00% Service Other Smart Public Safety Services Kodiak Managed Services 781 0.00 Broadband Broadband_Comms Kodiak Broadband PTT SW Products 782 10.00% Broadband Broadband_Comms Kodiak Broadband PTT HW Products 783 10.00% Astro Subscribers XTS/XTL Subscriber Other 784 10.00 Portable Radios APX Accessories M isc Accessories 785 25.00% Infrastructure ASTRO System Infrastructure Air Time Accumulator 786 25.00 Service Hardware Maintenance Rental 787 0.00% Service Hardware Maintenance LTE Device Repair 788 0.00% CAD Equipment Computer Aided Dispatch CAD 789 10.00% LTE LTE LEX11 790 10.00 IDEN Noncore Apollo 791 10.00% Mobiles Mobile Stations CDM1550 792 20.00% Professional Commercial Radio Portable Radios GR300 GR500 793 10.00% Professional Commercial Radio Fixed Equipment Professional Fixed 794 10.00% Portable Radios APX Accessories Misc APX Accessories 795 27.00 Accessories Other Accessories Visar Accessories 796 25.00% CAD Equipment Computer Aided Dispatch CAD 797 5.00% Service Spillman Services Spillman Support Services 797 0.00% Portable Radios APX Accessories Misc APX Accessories 798 27.00 Professional Commercial Radio Mobile Radio BALI Non Display Mobile Radio 799 10.00% Dropship ASTRO System Dropship Wireless Valley Maintenance 800 0.00% Fixed Wireless Fixed Wireless Broadband MESH 800 5.00% Dropship ASTRO System Dropship Wireless Valley Training 801 0.00% Service Other Smart Public Safety Services Kodiak Broadband PPT Services 802 0.00% Service Spillman Services Spillman Nova SaaS 803 0.00% Public Safety ICC System Equipment Procad Professional Services 804 0.00% Service Spillman Services Spillman Ally SaaS 805 0.00% Professional Commercial Radio Subscribers Malta 900MHz 806 10.00% Professional Commercial Radio Portable Radios Subscribers 807 10.00% Service FirstNet Managed Services FirstNet BCP 808 0.00% Service FirstNet Managed Services FirstNet PTT 809 0.00% Service FirstNet Managed Services FirstNet Activations 810 0.00% Fixed Stations Fixed Stations Encryption 811 5.00% Dispatch Dispatch Solutions NG-911 Licenses 812 15.00% Public Safety NG911 Services ECW Software 812 10.00% Service Hardware Maintenance Accessories SFS Comprehensive 813 0.00% Hardware Maintenance Security Services ASTRO CyberSecurity 814 0.00% Hardware Maintenance Devices Essential Accessories Essential 816 0.00 Astro Subscribers XTS/XTL Spectra RR Cleancab 818 15.00 Professional Commercial Radio Subscribers VX 261 819 15.00% Professional Commercial Radio Subscribers Neocom Applications 820 10.00% Professional Commercial Radio Subscribers Limited Display Keypad Subscriber 821 10.00% Maintanance Maintenance SMA/SUA 823 0.00% Infrastructure ASTRO System Infrastructure SUA POC 824 10.00% Tetra Subscriber Tetra Pager 825 10.00% Tetra Subscriber Tetra MTP6650 826 10.00% Tetra Subscriber Tetra ST7500 827 10.00 Tetra Infrastructure Tetra Fixed Equipment 828 10.00% Professional Commercial Radio Parts Israeli Accessories 829 10.00% Service NG911 Services Callworks Services 830 0.00% Dispatch Dispatch Solutions NG-911 Implementation Services Callworks 831 10.00 Service ICC Services Callworks SI 831 0.00% Fixed Wireless Fixed Wireless Broadband Wireless LAN/Symbol 832 10.00% Wireless Mobility Wireless LAN Point to Point 832 10.00% System Integration ASTRO System Integration Site Construction 833 0.00% Service Hardware Maintenance PCR Devices Essential Advanced 835 0.00% Service ASTRO Managed Services Security Management 836 0.00% Portable Radios APX Accessories Misc APX Accessories 837 27.00 Portable Radios APX Portable APX900/APX1000 837 27.00% Service ASTRO Managed Services PCR Devices Premier 838 0.00% Pagers/Receiver Pagers/Receiver Encoders 839 15.00% Portable Radios TRBO TRBO Radio HT Portfolio 841 25.00% Public Safety CSR Product Public Service Software License 842 10.00% IDEN iDEN System Equipment Private IDEN Harmony 846 10.00% Accessories Other Accessories Consumer Accessories 849 10.00% CAD Equipment Computer Aided Dispatch CAD 850 5.00% Service ICC Services Mobile Apps Maintenance 850 0.00% Test Equipment Test Equipment Shop Supplies 854 5.00% Data Data Subscriber Device Wireless LAN Ports/AP's 855 10.00% Fixed Stations Fixed Station Accessories Alt Building 856 10.00% Tetra Subscriber Legacy Equipment Tetra MTM800 857 10.00% Vertex Subscriber Vertex Standard LMR 858 10.00% IDEN iDEM System Equipment Armadillo Accessories 861 10.00% Professional Commercial Radio Subscriber Tahiti Alpha Numeric 866 10.00% Professional Commercial Radio Subscriber Andorra Limited Keypad Display 867 10.00% Vertex Subscriber Vertex-LMR Portables 868 10.00% Mobiles Mobile Stations M1225 869 20.00% Infrastructure ASTRO System Infrastructure Irrigation Products 870 10.00% Professional Commercial Radio Subscriber Full Keypad Display 871 10.00% System Integration ASTRO System Integration SI ET&S Vendors 872 10.00% System Integration ASTRO System Integration SI Third Party Vendors 874 10.00% Trunking Trunking Products and Services Zone Manager Software 877 18.50% CAD Equipment Computer Aided Dispatch CAD 879 5.00% Mobile Applications Mobile Applications Software CAD 879 10.00% Service Hardware Maintenance MIBAS 880 0.00% Fixed Stations Fixed Stations Powerline LV 881 15.00% Service Hardware Maintenance On-site Field Services 882 0.00% Service ICC Services UK Maintenance 887 0.00% Tetra Subscriber Legacy Equipment Tetra MTP850 890 10.00% IDEN iDEN System Equipment Armadillo 891 10.00% Dispatch Dispatch Solutions WAVE Technology 892 10.00 Tetra Subscriber Portable Radios Tetra MTP3250 893 10.00% Tetra Subscriber Base Stations Tetra MTS4 895 10.00% Tetra Subscriber Portable Radios Tetra MTH750 896 10.00% Service Hardware Maintenance T&M System Repair 900 0.00% Lifecycle Services Lifecycle Services Migration Assurance Program 901 0.00% Lifecycle Services Lifecycle Services SMA 902 0.00 Lifecycle Services Lifecycle Services SUA/SUA II 903 0.00 Fixed Wireless Fixed Wireless Broadband Canopy 904 15.00% Fixed Wireless Fixed Wireless Broadband Canopy Service 904 15.00% Lifecycle Services Lifecycle Services SUS 904 0.00 Lifecycle Services Lifecycle Services SA 905 0.00 Dropship ASTRO System Dropship Branded Point To Multipoint 906 10.00% Wireless Mobility Unlicensed Point to Point 907 20.00% Dropship ASTRO System Dropship Dropship License Point To Point 908 10.00% Wireless Mobility Licensed Point to Point 908 20.00% Service iDEN Services Network Deploymnet 909 0.00% Fixed Wireless Fixed Wireless Broadband PTP Service 910 15.00% Other Hardware Domestic Transfer ELIM 911 10.00% Astro Subscribers XTS/XTL Bosch Base Station Switch 913 10.00% IDEN iDEN System Equipment Harmony 916 10.00% Astro Subscribers XTS/XTL Bosch Subscriber 917 10.00 Astro Subscribers XTS/XTL Bosch Tunnel 920 10.00 Professional Commercial Radio Subscriber Waris 921 10.00% Mobiles Mobile Stations CM200/CM300 922 20.00% Service Hardware Maintenance LTE Device SFS Essential 923 0.00% Astro Subscribers XTS/XTL Bosch Railway Subscriber 925 10.00 Tetra Subscriber Portable Radios Tetra TCR1000 928 10.00% Service Maintenance Services 929 0.00% IDEN Noncore C18 932 10.00% Tetra Subscriber Legacy Equipment Tetra CM5000 933 10.00% Service Hardware Maintenance Intelligent Optimization 936 0.00% Other Sector Equipment WSTS IFIND 937 10.00% Tetra Subscriber Mobile Radio Tetra MTM5000 938 10.00% Tetra Subscriber Legacy Equipment Tetra MTC100 939 10.00% Pagers/Receiver Pagers/Receiver Minitor Parts 940 15.00% Pagers/Receiver Pagers/Receiver Infrustructure 941 15.00% Service Harare Maintenance LTE System Essential 941 0.00% Service ILPS Service Professional Services Adoption 942 0.00% Service Hardware Maintenance Training 943 0.00% Other Segment OV RPG-MCC 945 10.00 Tetra Subscriber Legacy Equipment Tetra TOM100 946 10.00% Fixed Wireless Fixed Wireless Broadband Peripherals 947 15.00% Service Hardware Maintenance Local System Repair 948 0.00 Professional Commercial Radio Subscriber VZ Series 951 10.00% IDEN iDEN System Equipment Parts For Armadillo Repair Services 956 0.00% Service Hardware Maintenance PCR Device Repair 959 0.00% Dropship ASTRO System Dropship TUT 963 10.00% Warranty Additional Warranty Additional video warranty 964 0.00% Infrastructure ASTRO System Infrastructure Private System Release 967 10.00% Dropship NG911 Equipment Video NG911 Dropship 968 10.00% Service Hardware Maintenance Astro SUS Patching 969 0.00% Service Hardware Maintenance Tetra SUS Patching 970 0.00% Service Hardware Maintenance TETRA Network Performance 971 0.00 Service Hardware Maintenance ASTRO Network Performance 972 0.00 Other Other Accessories International Sales ELIM 974 10.00 Professional Commercial Radio Mobile Radio Maxtrac Digital 977 10.00% Service Hardware Maintenance T&M Device Repair 978 0.00% Dropship ASTRO System Dropship Third Party Astro Data Applications 980 0.00% CAD Equipment Computer Aided Dispatch CAD 981 5.00% IDEN Network Equipment Software Solutions Team 982 10.00% Maintenance Maintenance CAD 983 0.00% Service ICC Services NET RMS Maintenance 983 0.00% LTE LTE Local Technical Support 984 0.00% Service Hardware Maintenance Software Installs 984 0.00 LTE LTE CSI Material 985 0.00% Public Safety ICC System Equipment PSA System 985 10.00 Parts Hardware Maintenance Legacy Subscriber 986 10.00 Parts Energy Saturn Buy Sell 987 10.00% Service Subcontract Non-MSI Serviceable Item 988 0.00% LTE LTE Network Airtime 989 0.00% Service ASTRO Managed Services Astro(&MOTOTRBO)Network Ownership 989 0.00% DocuSign Envelope ID:8F842901-A296-476F-9950-232F68E51 BBE CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2022-863271 Motorola Solutions Inc Salt Lake City, UT United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/21/2022 being filed. North Richland Hills Police Department 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. 1162346587 Annual Maintenance Fees Nature of interest 4 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 My name is Tyl e r Hol 1 and and my date of birth is My address is 12119 winter wheat circle Riverton UT 84096 U.S.A. , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Salt Lake County, State of Utah on t�e nd day of March 20 22 (month) (year) 'r(4(tr NYAL4 Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Authorize payment to Freeit Data Solutions, Inc., for Cybersecurity Managed Detection and Response Assessment and Services using a State of Texas Department of Information Resources Contract (DIR-CPO-4863), in an amount not to exceed $90,000 for the current budget year. PRESENTER: Eric Von Schimmelmann, Director Information Technology SUMMARY: This item authorizes the expenditure for Cybersecurity Managed Detection and response Assessment and Services to Freeit Data Solutions, Inc. GENERAL DESCRIPTION: With the increased threat of a cyber-attack in today's world, a portion of the American Rescue Plan Act of 2021 (ARPA) funds received by the City have been allocated for Cybersecurity. Some of our top priority items in this area are to have a Cybersecurity Assessment and a Managed Detection and Response services contract. These services will assess our system and provide 24x7 monitoring of the City's network infrastructure to ensure we are protected with some of the latest technology available today and into the future. Freeit Data Solutions, Inc. participates in the State of Texas Department of Information Resources (DIR) cooperative purchasing program (DIR-CPO-4863). By participating in the DIR cooperative purchasing program the city meets all state competitive bidding requirements for this purchase. As long as funds are appropriated in the city's annual budget each year, North Richland Hills would be able to take advantage of the available pricing for the current renewal through December 8, 2023 with one optional two-year renewal and one optional one-year renewal, provided the terms and conditions of the contract do not change. As long as the terms and conditions of the contract do not change the remaining renewals will not require additional City Council approval. Funding for this project is through ARPA and is included in Capital Project IT2212 ($60,000) and Capital Project IT2213 ($30,000). RECOMMENDATION: Authorize payment to Freeit Data Solutions, Inc., for Cybersecurity Managed Detection and Response Assessment and Services using a State of Texas Department of Information Resources Contract (DIR-CPO-4863), in an amount not to exceed $90,000 for the current budget year. t4RH NORTH RICHLAND HILLS (APPENDIX H TO THE PURCHASING POLICY AND PROCEDURES MANUAL) CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement("Customer Agreement")is entered into by and between IFreeit Data Solutions, Inca("Vendor") and the City of North Richland Hills,("Customer"or"Authorized Customer"),a Texas government entity,and a Customer authorized to purchase goods or services pursuant to the Agreement between the(City of North Richland Hills, Information Technology ("Cooperative Entity") and Vendor, Contract No.(Contract#,as amended,(the"Agreement")with an expiration date of[12/08/202�.This Customer Agreement includes and shall be governed by(i)the terms and conditions of the Agreement, which are incorporated herein by reference and available online at Ihttps://dir.texas.gov/contracts/dir- cpo-486�orupon request from Vendor,(iii) the attached Vendor Quote/Purchase Order No.(Quote#11088200,if applicable,and(iii)the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills Contracts, if applicable, all of which are attached hereto and/or incorporated herein by reference.Authorized Customer is eligible and desires to purchase(Arctic Wolf Managed Detections and Response I pursuant to the terms and conditions of the Agreement as the Cooperative Entity may specify from time to time,as well as the terms and conditions of this Customer Agreement.To ensure goods and services are provided directly to the Customer,the Cooperative Entity will only be responsible for services provided to the Cooperative Entity will not be responsible for payments for services provided tothe Customer. The Authorized Customer agrees to the terms and conditions of the Agreement as applicable and as authorized by law. The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment, products and services provided hereunder.Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the Cooperative Entity under the Agreement, as applicable,as if Customer had entered into the Agreement. Except in the event of gross negligence or intentional misconduct,Customer's liability shall not exceed the amount paid by Customer under this Customer Agreement for the proceeding twelve (12)month period. 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, hard copy or electronic, involving transactions relating to this Customer Agreement necessary to determine compliance herewith, 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. Purchase Price-Payments under this Customer Agreement shall not exceed $I90,000 annually("Purchase Price"). Term-The Term of this Customer Agreement("Term")shall be for one of the following as selected below(Select the type of contract that applies): ❑l Single Purchase Contract—The Term shall not exceed one (1)year, and this Customer Agreement shall be for the purchase of goods or services as specified and quoted by the Vendor,and the Purchase Price shall not exceed the budgeted amount for Customer's current fiscal year for the applicable goods and services. 01 Supply/As Needed Contract—The Term shall be effective as of October 111 and shall expire on September 301h at the end of FY I21-2�.This Customer Agreement shall be for multiple purchases of goods or services on an as needed basis,from the same vendor under the same contract,and shall not exceed the budgeted amount for Customer's current fiscal year for the applicable goods and services. DI Multi-Year Contract—The Term shall be effective as of April 11,2022 expiring on 12/8/20#This Customer Agreement may be renewed for I(1) optional two-year renewal and one (1)optional one-year renewal. Customer Agreement shall be with a single vendor for products and services. If the amount of expenditures under this Multi-Year Contract equals or exceeds$50,000 in the aggregate, City Council approval is required. In the event the City does not appropriate sufficient funds to make payments during the current or any subsequent year, the City shall have the right to terminate this Multi-Year Contract at the end of any such fiscal year without penalty. ❑I Emergency Purchase—Purchases that are necessary to address a public calamity, because of unforeseen damage to property, or to protect the public health or safety where the City's ability to serve the public would be impaired if the purchase were not made immediately.Emergency purchases must meet the requirements of Local Government Code 252.022,and must be ratified by City Council if the purchase is$50,000 or more. (Government Rider-Select if Vendor has additional terms and conditions that apply to this purchase) ❑I Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills, Texas—If this purchase contains additional terms and conditions from the Vendor, other than those set forth in the Agreement, the Vendor shall separately execute the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills,Texas("Government Rider").Such applicable terms and conditions as set forth in the Government Rider shall supersede any conflicting terms of the Vendor's terms and conditions,and such Government Rider shall control. The Government Rider is attached hereto, incorporated herein by reference and made a part of this Customer Agreement for all purposes. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective party, and that the execution and performance of this Customer Agreement has been duly authorized by the respective party. This Customer Agreement, and any amendment hereto, may be executed in counterparts, and electronically signed, scanned, digitally signed and sent via electronic mail and such signatures shall have the same effect as original manual signatures. Each party has caused this Customer Agreement to be executed by its duly authorized representative on this day of f 20 f. [Signature Page Follows] NRH Cooperative Purchase Customer Agreement, Page 1 of 2 CA-CONTRACT NO. PUR0002_20220107 Vendor Name: Freeit Data Solutions, Inca ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: VENDOR NAME: APPROVED: I certify that funds are currently available By: for this purchase. Named I ❑I (Check the box if$3,000 or less) Title: Date: By: Scott Kendall, Purchasing Manager Department Director: By: Printed Name: Department: APPROVED: By: Date: Mark Hindman, City Manager Or Designee: By: Date: Name: Title: ATTEST: By: Alicia Richardson,City Secretary/Chief Governance Officer By: Traci Henderson,Assistant City Secretary NRH City Council Action: Y ❑I N ❑1 Date Approved:) f Agenda Item No: f Ord/Res No. f APPROVED TO FORM AND LEGALITY: By: Maleshia B. McGinnis, City Attorney By: Thomas McMillian,Assistant City Attorney NRH Cooperative Purchase Customer Agreement, Page 2 of 2 CA-CONTRACT NO. PUR0002_20220107 Vendor Name: Freeit Data Solutions, Inca DIR Contract No. DIR-CPO-4863 Freeit Data Solutions,Inc.-32048991635 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES Freeit Data Solutions, Inc. I Introduction 1.1 Parties This contract for Cybersecurity Products and Related Services (this "Contract") is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter"DIR")with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and Freeit Data Solutions, Inc. Texas Domestic For-Profit Corporation hereinafter"Successful Respondent"), with its principal place of business at 900 East 6th Street, Ste. 102, Austin, TX 78702. 1.2 Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-CPO-TMP-550, on 12/20/2020, for Cybersecurity Products and Services (the "RFO"). Upon execution of all Contracts, a notice of award for DIR-CPO- TMP-550 shall be posted by DIR on the Electronic State Business Daily. 1.3 Order of Precedence a) For transactions under this Contract, the order of precedence shall be as follows: i. this Contract; ii. Appendix A, Standard Terms and Conditions; iii. Appendix B, Successful Respondent's Historically Underutilized Businesses Subcontracting Plan; iv. Appendix C, Pricing Index; V. Exhibit 1, RFO DIR-CPO-TMP-550, including all Addenda; and vi. Exhibit 2, Successful Respondent's Response to RFO DIR-CPO-TMP-550, including all Addenda. b) Each of the foregoing documents is hereby incorporated by reference and together constitute the entire agreement between DIR and Successful Respondent governing purchase transactions. RFO DIR-CPO-TMP-550 Page 1 of 8 fDIR rev 09/2021} DIR Contract No. DIR-CPO-4863 Freeit Data Solutions,Inc.-32048991635 1.4 Definitions Capitalized terms used but not defined herein have the meanings given to them in Appendix A, Standard Terms and Conditions. 2 Term of Contract The initial term of this Contract shall be up to two (2)years commencing on the date of the last signature hereto (the "Initial Term"), with one (1) optional two-year renewal and one (1) optional one-year renewal (each, a"Renewal Term"). Prior to expiration of the Initial Term and each Renewal Term, this Contract will renew automatically under the same terms and conditions unless either parry provides written notice to the other parry at least sixty (60) days in advance of the renewal date stating that the parry wishes to discuss amendment or non-renewal. 3 Option to Extend Successful Respondent agrees that DIR may require continued performance under this Contract at the rates specified in this Contact following the expiration of the Initial Term or any Renewal Term. This option may be exercised more than once, but the total extension of performance hereunder shall not exceed ninety (90) calendar days. Such extension of services shall be subject to the requirements of this Contract, with the sole and limited exception that the term shall be extended pursuant to this provision. DIR may exercise this option upon thirty (30) calendar days written notice to Successful Respondent. 4 Product and Service Offerings Products and services available under this Contract are limited to the technology categories defined in Request for Offer DIR-CPO-TMP-550 for Cybersecurity Products and Services. At DIR's sole discretion, Successful Respondent may incorporate changes or make additions to its service offering,provided that any changes or additions must be within the scope of the RFO. Pricing .1 Pricing Index Pricing to Customers shall be as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee (as defined below). .2 Customer Discount a) The minimum Customer discount for all products and services will be the percentage off List Price (as defined below) or MSRP (as defined below), as applicable, as specified in Appendix C, Pricing Index. Successful Respondent shall not establish a List Price or MSRP for a particular solicitation. For purposes of this Section, "List Price" is the price RFO DIR-CPO-TMP-550 Page 2 of 8 {DIR rev 09/2021} DIR Contract No. DIR-CPO-4863 Freeit Data Solutions,Inc.-32048991635 for a product or service published in Successful Respondent's price catalog (or similar document)before any discounts or price allowances are applied. For purposes of this Section, "MSRP," or manufacturer's suggested retail price, is the price list published by the manufacturer or publisher of a product and available to and recognized by the trade. b) Customers purchasing products or services under this Contract may negotiate additional discounts with Successful Respondent. Successful Respondent and Customer shall provide the details of such additional discounts to DIR upon request. c) If products or services available under this Contract are provided at a lower price to: (i) an eligible Customer who is not purchasing those products or services under this Contract, or(ii)to any other customer under the same terms and conditions provided for the State for the same products and services under this contract, then the price of such products and services under this Contract shall be adjusted to that lower price. This requirement applies to products or services quoted by Successful Respondent for a quantity of one (1), but does not apply to volume or special pricing purchases. Successful Respondent shall notify DIR within ten (10) days of providing a lower price as described in this Section, and this Contract shall be amended within ten (10) days to reflect such lower price. 5.3 Changes to Prices a) Subject to the requirements of this section, Successful Respondent may change the price of any product or service upon changes to the List Price or MSRP, as applicable. Discount levels shall not be subject to such changes, and will remain consistent with the discount levels specified in this Contract. b) Successful Respondent may revise its pricing by publishing a revised pricing list, subject to review and approval by DIR. If DIR, in its sole discretion, finds that the price of a product or service has been increased unreasonably, DIR may request that Successful Respondent reduce the pricing for the product or service to the level published before such revision. Upon such request, Successful Respondent shall either reduce the pricing as requested, or shall remove the product or service from the pricing list for this Contract. Failure to do so will constitute an act of default by Successful Respondent. .4 Shipping and Handling Prices to Customers shall include all shipping and handling fees. Shipments will be Free On Board Customer's Destination. No additional fees may be charged to Customers for standard shipping and handling. If a Customer requests expedited or special delivery, Customer will be responsible for any additional charges for expedited or special delivery. 5.5 Travel Expenses Pricing for services provided under this Contract are exclusive of any travel expenses that may be incurred in the performance of such services. Travel expense reimbursement may include personal vehicle mileage or commercial coach transportation, hotel accommodations,parking RFO DIR-CPO-TMP-550 Page 3 of 8 fDIR rev 09/2021} DIR Contract No. DIR-CPO-4863 Freeit Data Solutions,Inc.-32048991635 and meals; provided, however, the amount of reimbursement by Customers shall not exceed the amounts authorized for state employees as adopted by each Customer; and provided, further, that all reimbursement rates shall not exceed the maximum rates established for state employees under the current State Travel Management Program. Travel time may not be included as part of the amounts payable by Customer for any services provided under this Contract. The DIR Administrative Fee is not applicable to travel expense reimbursement. Anticipated travel expenses must be pre-approved in writing by Customer. Customer reserves the right not to pay travel expenses which are not pre-approved in writing by the Customer. DIR Administrative Fee a) Successful Respondent shall pay an administrative fee to DIR based on the dollar value of all sales to Customers pursuant to this Contract(the "DIR Administrative Fee"). The amount of the DIR Administrative Fee shall be seventy-five hundredths of a percent (0.75%) of all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $750. b) All prices quoted to Customers shall include the DIR Administrative Fee. DIR reserves the right to increase or decrease the DIR Administrative Fee during the term of this Contract, upon written notice to Successful Respondent without amending this Contract. Any increase or decrease in the DIR Administrative Fee shall be incorporated in the price to Customers. 7 Internet Access to Contract and Pricing Information In addition to the requirements listed in Appendix A, Section 7.2, Internet Access to Contract and Pricing Information, the Successful Respondent shall include the following with their webpage: a) A current price list or mechanism to obtain specific contract pricing; b) MSRP/list price or DIR Customer price; c) Discount percentage (%) off MSPR or List Price; d) Warranty policies; and, e) Return policies. 8 Use of Order Fulfillers 8.1 Authorization to Use Order Fulfillers Subject to the conditions in this Section 8, DIR agrees to permit Successful Respondent to utilize designated order fulfillers to provide products, services, and support resources to Customers under this Contract("Order Fulfillers"). RFO DIR-CPO-TMP-550 Page 4 of 8 {DIR rev 09/2021} DIR Contract No. DIR-CPO-4863 Freeit Data Solutions,Inc.-32048991635 8.2 Designation of Order Fulfillers a) Successful Respondent may designate Order Fulfillers to act as the distributors for products and services available under this Contract. In designating Order Fulfillers, Successful Respondent must be in compliance with the State's Policy on Utilization of Historically Underutilized Businesses. DIR and Successful Respondent will agree on the number of Order Fulfillers that are Historically Underutilized Businesses as defined by the CPA. b) In addition to the required Subcontracting Plan, Successful Respondent shall provide DIR with the following Order Fulfiller information: Order Fulfiller name, Order Fulfiller business address, Order Fulfiller CPA Identification Number, Order Fulfiller contact person email address and phone number. c) DIR reserves the right to require Successful Respondent to rescind any Order Fulfiller participation or request that Successful Respondent name additional Order Fulfillers should DIR determine it is in the best interest of the State. d) Successful Respondent shall be fully liable for its Order Fulfillers' performance under and compliance with the terms and conditions of this Contract. Successful Respondent shall enter into contracts with Order Fulfillers and use terms and conditions that are consistent with the terms and conditions of this Contract. e) Successful Respondent may qualify Order Fulfillers and their participation under the Contract provided that: i) any criteria is uniformly applied to all potential Order Fulfillers based upon Successful Respondent's established, neutrally applied criteria, ii)the criteria is not based on a particular procurement, and iii) all Customers are supported under the criteria. �F) Successful Respondent shall not prohibit any Order Fulfiller from participating in other procurement opportunities offered through DIR. 8.3 Changes in Order Fulfiller Successful Respondent may add or remove Order Fulfillers throughout the term of this Contract upon written authorization by DIR. Prior to adding or removing Order Fulfillers, Successful Respondent must make a good faith effort to revise its Subcontracting Plan in accordance with the State's Policy on Utilization of Historically Underutilized Businesses. Successful Respondent shall provide DIR with its updated Subcontracting Plan and the Order Fulfillers information listed above. .4 Order Fulfiller Pricing to Customer Order Fulfiller pricing to the Customer shall be in accordance with Section 5. Notification All notices under this Contract shall be sent to a parry at the respective address indicated below. RFO DIR-CPO-TMP-550 Page 5 of 8 {DIR rev 09/2021} DIR Contract No. DIR-CPO-4863 Freeit Data Solutions,Inc.-32048991635 If sent to the State: Hershel Becker or Successor in Office Chief Procurement Officer Department of Information Resources 300 W. 151h St., Suite 1300 Austin, Texas 78701 Phone: (512) 475-4700 Email: hershel.becker(&_dir.texas.4av If sent to Successful Respondent: Dulari von Christierson Freeit Data Solutions, Inc. 900 East 6th Street, Ste. 102, Austin, TX 78702 Phone: 408-398-6640 Email: dulari@freeitdata.com 10 Software License 10.1 Software License Agreement a) Customers acquiring software licenses under this Contract shall hold, use, and operate such software subject to compliance with the Software License Agreement. Customer and Successful Respondent may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Successful Respondent. Successful Respondent shall make the Software License Agreement terms and conditions available to all Customers at all times. b) Compliance with the Software License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer's compliance with the Software License Agreement. I . Conflicting or Additional Terms a) The terms and conditions of this Contract shall supersede any additional conflicting or additional terms in any additional service agreements, statement of work, and any other provisions, terms, conditions, and license agreements, including those which may be affixed to or accompany software upon delivery (sometimes called shrink-wrap or click- wrap agreements), and any linked or supplemental documents, which may be proposed, issued, or accepted by Successful Respondent and Customer in addition to this Contract (such additional agreements, "Additional Agreements"), regardless of when such RFO DIR-CPO-TMP-550 Page 6 of 8 {DIR rev 09/2021} DIR Contract No. DIR-CPO-4863 Freeit Data Solutions,Inc.-32048991635 Additional Agreements are proposed, issued, or accepted by Customer. Notwithstanding the foregoing, it is Customer's responsibility to review any Additional Agreements to determine if Customer accepts such Additional Agreement. If Customer does not accept such Additional Agreement, Customer shall be responsible for negotiating any changes thereto. b) Any update or amendment to an Additional Agreement shall only apply to Purchase Orders for the associated product or service offering after the effective date of such update or amendment;provided that, if Successful Respondent has responded to a Customer's solicitation or request for pricing, any subsequent update or amendment to an Additional Agreement may only apply to a resulting Purchase Order if Successful Respondent directly informs such Customer of such update or amendment before the Purchase Order is executed. c) Successful Respondent shall not require any Additional Agreement that: i) diminishes the rights, benefits, or protections of Customer, or that alters the definitions, measurements, or method for determining any authorized rights, benefits, or protections of Customer; or ii) imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements, or method for determining any authorized costs, burdens, or obligations upon Customer. d) If Successful Respondent attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to this Contract or the Purchase Order between Successful Respondent and Customer, and Successful Respondent will nonetheless be obligated to perform such Purchase Order without regard to the prohibited documents, unless Customer elects instead to terminate such Purchase Order, which in such case may be identified as a termination for cause against Successful Respondent. 12 Authorized Exceptions to Appendix A, Standard Terms and Conditions No exceptions have been agreed to by DIR and Successful Respondent. (Remainder of this page intentionally left blank.) RFO DIR-CPO-TMP-550 Page 7 of 8 {DIR rev 09/2021} DIR Contract No. DIR-CPO-4863 Freeit Data Solutions,Inc.-32048991635 This Contract is executed to be effective as of the date of last signature. Freeit Data Solutions, Inc. Authorized By: Signature on File Name: Dulari von Christierson Title: Director of Operations Date: 12/2/2021 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: 12/8/2021 Office of General Counsel: M. G. Date: 12/8/2021 RFO DIR-CPO-TMP-550 Page 8 of 8 {DIR rev 09/2021} CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2022-867125 Freeit Data Solutions, Inc. Austin, 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 03/30/2022 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. DIR-CPO-4863 Arctic Wolf Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Orchid,Wayne Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is DUlarl von Chrlstlerson and my date of birth is My address is 900 East 6th Street, Suite 102 Austin TX 78702 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Travis County, State of TX on the 30 day of March 20 22 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: April 11, 2022 Subject: Authorize the purchase of fuel from Jack Ray Oil Company using Tarrant County Annual Contract No. 2022-063 in an amount not to exceed $1,509,442. Presenter: Zane Ryan, Fleet Services Manager Summary: To authorize the City Manager to execute a purchasing agreement with Jack Ray Oil Company for gasoline and diesel fuel. Tarrant County awarded Jack Ray Oil Company the primary fuel contract for Tarrant County and this agreement is based upon that award and the existing interlocal purchasing agreement with Tarrant County. The contract is a (1) one-year agreement with (3)three, one-year renewal options, beginning April 7, 2022. The purchase will cover the remainder of FY2021/2022 and all of FY2022/2023. General Description: On March 15, 2022, Jack Ray Oil Company was awarded the Tarrant County primary fuel contract by the Tarrant County Commissioner's Court. This is a twelve (12) month contract, effective April 7, 2022, and lasting through April 6, 2023, with three (3) options for renewal periods of twelve (12) months each. Utilizing the existing interlocal purchasing agreement with Tarrant County, the City, if authorized by the City Council, will enter into an agreement with Jack Ray Oil Company for the purchase of gasoline and diesel fuel. The City Council is being requested to authorize the agreement that follows the Tarrant County agreement through the end of FY 2022/2023. Recommendation: Authorize the purchase of fuel from Jack Ray Oil Company using Tarrant County Annual Contract No. 2022-063 in an amount not to exceed $1,509,442. t. Bid No. 2022-063 -Annual Contract for Fuel - C:"ountyvwide--Various Vendors -Per Unit Price I REFERENCE NUMBER COMMISSIONERS COURT PAGE I OF COMMUNICATION 0-1/15/2022 DATE� SUBJECT: BID NO.2022-063-ANNUAL CONTRACT FOR FUEL,- COUNTYWIDE-VARIOUS VENDORS-PER UNIT PRICE COMMISSIONERS COURT ACTION RE VESTED It is requested that the Commissioners Court award Bid No. 2022-063, Annual Contract for Fuel, Countywide,to the following vendors at the per unit price: Primary Jack Ray Oil Co. Secondary Douglas Distributing BACKGROUND Notice of the County's intent to bid was advertised in local newspapers,as required by State statute, posted on the Intenict,the Arlington Black Chamber of'Cornmerce,the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber ofConinierce. Sixty-five (65) vendors were contacted and requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant County wcbsite and were downloaded by interested bidders, A pre-bid conference held on February 9,2022, was attended by eight(8)vendor as well as representatives from Precinct 1,Facilities Management, Central Garage,and purchasing. Six(6) bids and two(2)no-bids were received. Bids were evaluated by Precinct 1, Facilities Management, Central Garage, and Purchasing representatives. Award recommendations are the low bids meeting specifications. The term of the contract is twelve (12) months, effective April 7, 2022, with three (3) options for renewal periods of twelve(12)months each. Therefore, it is the joint recommendation of Precinct 1, Facilities Management, Central Garage, and Purchasing that Bid No. 2022-063,be awarded to the vendors listed above at the per unit price. FISCAL IMPACT Expenses for last year were approximately$800,000.00. Orders are placed on arl as-needed basis. SUBMITTED BY: hirchasing PREPARED BY: Emily Salter APPROVEDBY: Chris Lax,CPSM.(WIT '00 TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any county action that involves the adoption of a regulation, policy,guideline, court resolution,or order. Project/Regulation Name: Bid No.2022-063-Annual...........Contract for Fuel- . ........ Countywide-Various gi-Per Unit Price County Department:----- PURCHASING Contact Person: Melissa Lee, C.P.M.,A.P.P. Phone Number for Contact Person:___L817)084-3245 ....... Type of TIA Performed: (SHORT�TIA o FULL TIA. Circle one after answering the questions in Sections If and III below. I. Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy,guideline, court resolution,or order. Note: The remainder of this Takings Impact Assessment Checklist should be completed in consultation with the Criminal District Attorney's Office. fl. 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COMMISSIONERS COURT PAGE I OF COMMUNICATION DATE: 03/15/2022 SUBJECT: BID NO.2022-063-ANNUAL CONTRACT FOR FUEL- COUNTYWIDE-VARIOUS VENDORS-PER UNIT PRICE COMMISSIONERS COURT ACTION Rh:QKESTED It is requested that the Commissioners Court award Did No. 2022-063, Annual Contract for Fuel, Countywide,to the following vendors at the per unit price: Primary Jack Ray Oil Co. Secondary Douglas Distributing BACKGROUND Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, posted on the Internet,the Arlington Black Chamber of Commerce,the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce, Sixty-rive(65) vendors were contacted and requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested bidders. A pre-bid conference held on February 9,2022, was attended by eight(8)vendor as well as representatives from Precinct 1, Facilities Management, Central Garage,and Purchasing. Six(6)bids and two(2)no-bids were received. Bids were evaluated by Precinct 1, Facilities Management, Central Garage, and Purchasing representatives. Award recommendations are the low bids meeting specifications. The term of the contract is twelve (12) months, effective April 7, 2022, with three (3) options for renewal periods of twelve(12)months each. Therefore,it is the joint recommendation of Precinct 1,Facilities Management, Central Garage,and Purchasing that Bid No.2022-063,be awarded to the vendors listed above at the per unit price, FISCAL IMPACT Expenses for last year were approximately$800,000,00. Orders are placed on an as-needed basis. SUBM1171,H)BY: Purchasing PREPARED BY: Emily salter APPROVES)BY: Chris l,ax,CPSM,CPCP e— TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any county action that involves the adoption of a regulation, policy, guideline,court resolution, or order. Project/Regulation No. 2022-063-AnrLug1 qr1tract f r Fuel, Countywide-Various Vendors-Per County Department: PU Contact Person: Melissa Lee C.P.M. A.P.P. Phone Number for Contact Person;--f41ZJ9AA:q245 Type of TIA Performed: SFICIRT TIA o FULL TIA. Circle one after answering the questions in Sections 11 and III below. 1. Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy,guideline, court resolution,or order. Note: The remainder of this Takings Impact Assessment Checklist should be completed In consultation with the Criminal District Attorney's Office. Il. Potential Effect on Private Real Property 1. Does the county action require a physical invasion,occupation,or dedication of real property? Yes-- No 4 2. Does the county action limit or restrict a real property right, even partially, or temporarily? 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("Vendor")and the City of North Richland Hills,("Customer"or"Authorized Customer"),a Texas government entity,and a Customer authorized to purchase goods or services pursuant to the Agreement between the Tarrant County ("Cooperative Entity") and Vendor, Contract No. # 2022-063, as amended, (the "Agreement") with an expiration date of 410612023. This Customer Agreement Includes and shall be governed by (i) the terms and conditions of the Agreement,which are incorporated herein by reference and available online at https:/)'access.tarrantcounty.corralen/purchasing/bids---rfpsfdowndoadable- bid-rfp-documents/2022-063-rfb-for-annual-contract-for-fuel.html or upon request from Vendor, (iii) the attached Vendor Quote/Purchase Order No. n/a, if applicable, and(iii)the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills Contracts, if applicable,all of which are attached hereto and/or incorporated herein by reference.Authorized Customer is eligible and desires to purchase Annual Contract for Fuel, Countywide pursuant to the terms and conditions of the Agreement as the Cooperative Entity may specify from time to time, as well as the terms and conditions of this Customer Agreement. To ensure goods and services are provided directly to the Customer, the Cooperative Entity will only be responsible for services provided to the Cooperative Entity will not be responsible for payments for services provided tothe Customer. The Authorized Customer agrees to the terms and conditions of the Agreement as applicable and as authorized by law. The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment,products and services provided hereunder.Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the Cooperative Entity under the Agreement, as applicable,as if Customer had entered into the Agreement. Except in the event of gross negligence or intentional misconduct,Customer's liability shall not exceed the amount paid by Customer under this Customer Agreement for the proceeding twelve (12) month period,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, hard copy or electronic, involving transactions relating to this Customer Agreement necessary to determine compliance herewith, 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. Purchase Price-Payments under this Customer Agreement shall not exceed $ 1,500,000.00("Purchase Price"). Term-The Term of this Customer Agreement("Term")shall be for one of the following as selected below(Select the type of contract that applies): ❑ Single Purchase Contract—The Term shall not exceed one (1) year, and this Customer Agreement shall be for the purchase of goods or services as specified and quoted by the Vendor, and the Purchase Price shall not exceed the budgeted amount for Customer's current fiscal year for the applicable goods and services. ❑ Supply/As Needed Contract—The Term shall be effective as of October 15'and shall expire on September 301h at the end of FY 22-23.This Customer Agreement shall be for multiple purchases of goods or services on an as needed basis,from the same vendor under the same contract,and shall not exceed the budgeted amount for Customer's current fiscal year for the applicable goods and services. ® Multi-Year Contract—The Term shall be for one (1) year(s) expiring on 4/06/2023. This Customer Agreement may be renewed for(3) three renewal periods of twelve months each. Customer Agreement shall be with a single vendor for products and services. If the amount of expenditures under this Multi-Year Contract equals or exceeds$50,000 in the aggregate,City Council approval is required. In the event the City does not appropriate sufficient funds to make payments during the current or any subsequent year,the City shall have the right to terminate this Multi-Year Contract at the end of any such fiscal year without penalty. ❑ Emergency Purchase—Purchases that are necessary to address a public calamity, because of unforeseen damage to property, or to protect the public health or safety where the City's ability to serve the public would be impaired if the purchase were not made immediately.Emergency purchases must meet the requirements of Local Government Code 252.022,and must be ratified by City Council if the purchase is$50,000 or more. (Government Rider-Select if Vendor has additional terms and conditions that apply to this purchase) ❑ Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills, Texas—If this purchase contains additional terms and conditions from the Vendor, other than those set forth in the Agreement, the Vendor shall separately execute the Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills,Texas("Government Rider").Such applicable terms and conditions as set forth in the Government Rider shall supersede any conflicting terms of the Vendor's terms and conditions,and such Government Rider shall control.The Government Rider is attached hereto, incorporated herein by reference and made a part of this Customer Agreement for all purposes. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective party, and that the execution and performance of this Customer Agreement has been duly authorized by the respective party. This Customer Agreement, and any amendment hereto, may be executed in counterparts, and electronically signed, scanned, digitally signed and sent via electronic mail and such signatures shall have the same effect as original manual signatures. Each party has caused this Customer Agreement to be executed by its duly authorized representative on this 1 day of April 20 22. [Signature Page Follows] NRH Cooperative Purchase Customer Agreement, Page 1 of 2 CA-CONTRACT NO. PUR0002 20220107 Vendor Name: Jack Ray Oil Co. — ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: Jack Ray�O'll Company„ <.mm*mmP APPROVED: I certify that funds are currently available By, ,' for this purchase. Name.Trey Mc asters ❑ (Check the box if$3,000 or less) Title:Operations Manager Date:4/1/2022 By: Scott Kendall,Purchasing Manager Department Director: By: Printed Name: Department: APPROVED: By: Date: Mark Hindman, City Manager Or Designee: By: Date: Name: Title: ATTEST: By: Alicia Richardson,City Secretary/Chief Governance Officer By: Traci Henderson,Assistant City Secretary NRH City Council Action: Y❑ N ❑ Date Approved: Agenda Item No: Ord/Res No. APPROVED TO FORM AND LEGALITY: By: Maleshia B.McGinnis, City Attorney By: Thomas McMillian,Assistant City Attorney NRH Cooperative Purchase Customer Agreement, Page 2 of 2 CA-CONTRACT NO.PUR0002 20220107 Vendor Name: Jack Ray Oil Co. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2022-868254 Jack Ray Oil Grand Prairie,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is '04/04/2022 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. 2022-090 Annual Supply of Fuel Unleaded Gasoline and Diesel Fuel 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling T Intermediary Jack Ray Oil Grand Prairie,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is µITm and my date of birth is f�. m t f t,, I , a My address is � (. w � u � A " (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in (" County, State of °X on the day of ) tt 20 ..__. " (month) (year) Signature ol authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc MRH C7&TH KIC"HLr'.ND HILL COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Consider Resolution No. 2022-020 authorizing submission of the grant application and acceptance of allocated funds if awarded for the FEMA Hazard Mitigation Grant Program (HMGP) DR-4485 for two (2) generators for two (2) critical City facilities in the amount of $568,260.00 with the City's match being $142,065.00, and authorize the execution of the associated terms and conditions. PRESENTER: Raelyn Darnell, Emergency Management Coordinator SUMMARY: The North Richland Hills Office of Emergency Management and Facilities & Construction (F&C) Department have coordinated the FEMA Hazard Mitigation Grant Program (HMGP) to apply for two generators for two different city facilities; one for the Public Works Service Center/Fleet Maintenance & Permanent Records/Public Works Training Center buildings and one for the Fire Maintenance/F&C/Fleet Administration building. All buildings are located on Dick Fisher Drive. The generators will supply a secondary source of power to these critical city facilities. GENERAL DESCRIPTION: Currently, the City of North Richland Hills has essential city facilities that do not have permanent backup generators. During loss of power to the facilities mentioned above, vital functions may be hindered and the health and safety of the citizens is at risk. If awarded, this project will provide the long-term ability for the City to continue to provide imperative services to the community, specifically during times of electrical grid failures, natural disasters, or wildlife interruption. Examples of services that these buildings provide include: water distribution logistics (SCADA system), Public Works citizen call center, city's fuel system, and repair/maintenance shop for emergency response vehicles. If authorized, the City of North Richland Hills will submit the HMGP application. The City of North Richland Hills Public Safety Director, through the City's Emergency Management Coordinator, would take on the role of administrator of the grant if awarded. The grant total is $568,260.00 and the grant requires 25% matching funds. It is anticipated that the grant will be awarded at the end of calendar year 2022 at the earliest. This will place the award into the City's 2023 MRH C7&TH KIC"HLr'.ND HILL fiscal year. The City's match total of $142,065.00 will be included in the FY2023 budget process for consideration by City Council as part of the regular approval process. RECOMMENDATION: Approve Resolution No. 2022-020. RESOLUTION NO. 2022-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING SUBMISSION OF AN APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED OF THE GRANT APPLICATION FOR THE FEMA HAZARD MITIGATION GRANT PROGRAM (HMGP) DR-4485 WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the FEMA Hazard Mitigation Grant Program (HMGP) DR-4485 to apply for two (2) generators for two (2) critical City facilities; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills to purchase and install two (2) generators to reduce potential health and safety risks that the community may endure during a power outage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council of North Richland Hills hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council of North Richland Hills hereby authorizes and approves the submission of application for the FEMA Hazard Mitigation Grant Program (HMGP) DR-4485 in the amount of$690,870, and makes appointments for the conduct of business relative to the grant. SECTION 3. The City Council of North Richland Hills designates Director of Public Safety, Police Chief Jimmy Perdue, as the grantee's authorized official, with the power to apply for, accept, reject, alter or terminate the funding request on behalf of the applicant agency, and authorize execution of the associated terms and conditions. SECTION 4. The City Council of North Richland Hills agrees that the loss or misuse of HMGP funds or failure to comply with all HMGP award requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. SECTION 4. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council in conflict herewith are hereby amended or repealed to the extent of such conflict. Resolution No. 2022-020 Page 1 of 2 PASSED AND APPROVED on this 11t" day of April, 2022. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Director of Public Safety Resolution No. 2022-020 Page 2 of 2 GRANT TERMS AND CONDITIONS This Agreement (consisting of these terms and conditions and all exhibits) is made and entered into by and between the Texas Division of Emergency Management (TDEM), an agency of the State of Texas, hereinafter referred to as " TDEM," and the award recipient, , hereinafter referred to as the "Subrecipient." Furthermore, TDEM and the Subrecipient are collectively hereinafter referred to as the "Parties." All subawards made under this agreement are subject to the same terms and conditions below. Subrecipient may not assign or transfer any interest in this award without the express, prior written consent of TDEM and/or DHS/FEMA or other awarding agency. a. The term Recipient and pass-through entity have the same meaning as "Grantee," as used in governing statutes, regulations, and DHS/FEMA guidance. b. A Recipient is also a "non-federal entity" for administration purposes. c. A Subrecipient is also known as a "Subgrantee" as used in governing statutes regulations and DHS/ FEMA guidance. d. A Subrecipient is also a "non-federal entity" for administration purposes. e. The "Grant" referred to in this agreement is an awardto the Subrecipient passed through from TDEM to the Subrecipient. f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these grant terms and conditions, and to submit changes of Subrecipient Agents. g. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant agreement. h. TDEM uses contractors to administer subawards, both in communication with Subgrantees and the awarding agency. A Subgrantee's point of contact for all awards will be the regional Recovery or Mitigation Coordinator followed by the regional contractor. Subgrantees should update their primary points of contact with every new award in addition to each time a contact may change. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA or other awarding agency. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances— Non-Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances—Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to as "Exhibit C" 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as "Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as "Exhibit G" 8. Request for Information and Documentation referred to as "Exhibit H" Page 1 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. C. Funding Obligations. TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative award amounts listed on the Subawards (projects and subsequent versions). 2. Subrecipient shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be an overpayment to Subrecipient or that TDEM determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty (30) calendar days after TDEM requests such refund. If the subrecipient is unable to refund the amount due at the time of request, they may request offset funds from other open projects under the same award or request a payment plan. If a subrecipient does not provide the amount requested within 30 calendar days,TDEM will first offset the amount with any available funds within the same award and may pursue other remedies to receive payment in full. D. Performance Period. The performance period for this Grant is listed on the subaward letter for each project. All projects shall be completed within the performance period AND all reimbursement requests shall be submitted to TDEM within 60 days of the end of the performance period. Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to TDEM within 60 days of the end of the performance period. TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Requirements. Cost Principals and Audit Requirements. Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every project]: • Public Law 93-288, as amended (Stafford Act) • 44 CFR, Emergency Management and Assistance • Disaster Mitigation Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988, Floodplain Management • Executive Order 11990, Protection of Wetlands • Executive Order 12372, Intergovernmental Review of Programs and Activities • Executive Order 12549, Debarment and Suspension • Executive Order 12612, Federalism Page 2 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS • Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 • Single Audit Act, Public Law 98-502 • Sandy Recovery Improvement Act publications • Disaster Recovery Reform Act of 201816 U.S.C. § 470, National Historic Preservation Act • 16 U.S.C. § 1531, Endangered Species Act References • FEMA program publications, guidance and policies F. State Reauirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at:® htt ://www.window.state.tx.us/procurement/catrad/ugms. df and the program State Administrative Plan, available at: hits://grants.tdem.texas.�ov Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Page 3 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 4 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from any funds under this Grant. 3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed on the Designated Subrecipient Agent Form. TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The Subrecipient will be responsible for sharing written communications with the consultant. The Subrecipient will remain the primary point of contact and must be included in all decision-making activities. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or htti)://fedqov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reportinq Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam.qov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or Page 5 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants.tdem.texas.gov under Resources/Public Assistance. 9. Property Management and Inventory. Subrecipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property Subrecipient shall develop and implement a control system to prevent loss, damage or theft of property and Subrecipient shall investigate and document any loss, damage or theft of property funded under this Grant. 10. Site Visits. DHS/FEMA and/or TDEM, through its authorized representatives, have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS/FEMA on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. H. Procurement and Contractina. 1. Procurements. Subrecipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200 (A-C) and (E-J) 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a. Procurement by micro purchase b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment. Page 6 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. Must negotiate profit as a separate element where required. 4. Evidence of non-debarment for vendors must be documented through, http://www.sam.gov/portal/public/SAM and http://www.window.state.tx.us/procurement/pros/vendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 I. Monitoring. Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met. TDEM, or its authorized representative, reserves the right to perform periodic desk/office- based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After each monitoring visit, if the monitoring visit reveals deficiencies in Subrecipient's performance under this Grant, a monitoring report will be provided to the Subrecipient and shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A- 133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be liable to TDEM for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Subrecipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by Subrecipient Page 7 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of Subrecipient. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Subrecipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Subrecipient relating to this Grant. K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall follow its own internal retention policy, or the state's retention policy,whichever is stricter.At a minimum, the subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB 2 C.F.R. Subpart D— Post Federal Award Requirements, §200.333-337, and this Grant. Subrecipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Subrecipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. L. Changes. Amendments. Suspension or Termination 1. Modification. DHS/FEMA or TDEM may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Subrecipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event DHS/FEMA or TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has Page 8 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. TDEM shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if TDEM determines that Subrecipient has failed to comply with any term of this Grant. TDEM shall provide written notice of the termination and include: a. The reason(s) for such termination; b. The effective date of such termination; and c. In the case of partial termination, the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency Management - Recovery & Mitigation. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, TDEM or DHS/FEMA may take one or more of the following actions, as appropriate in the circumstances: 1. Increased monitoring of projects and require additional financial and performance reports 2. Require all payments as reimbursements rather than advance payments 3. Temporarily withhold payments pending correction of the deficiency 4. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 5. Request DHS/FEMA to wholly or partially de-obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by TDEM or DHS/FEMA; 7. Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: • The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non-cancellable; and • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. Page 9 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (1). N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts and will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. O. Closing of this Grant. TDEM will close each subaward after receiving all required final documentation from the Subrecipient. If the close out review and reconciliation indicates that Subrecipient is owed additional funds, TDEM will send the final payment automatically to Subrecipient. If Subrecipient did not use all the funds received, TDEM will recover the unused funds. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance with the grant terms and conditions to state there are no further claims under this subgrant. The closeout of this Grant does not affect: 1. DHS/FEMA or TDEM's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Subrecipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. P. Notices• All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand-delivery (and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party. Page 10 of 20 TDEM—December 2020 EXHIBIT A ASSURANCES - NON-CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance and the institutional, program and to purchase flood insurance if the total cost of insurable managerial and financial capability(including funds sufficient to pay the non- construction and acquisition is$10,000 or more. Federal share of project cost)to ensure proper planning, management and completion of the project described in this Grant. 11. Will comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control measures under 2. Will give the Department of Homeland Security, the Texas Division of the National Environmental Policy Act of 1969(P.L.91-190 as amended by Emergency Management,the Comptroller General of the United States and, 42 U.S.C.4311 et seq.and Executive Order(EO)11514)which establishes if appropriate,the State,through any authorized representative,access to and national policy goals and procedures to protect and enhance the environment, the right to examine all records,books,papers,or documents related to this including protection against natural disasters.To comply with NEPA for DHS Grant and will establish a proper accounting system in accordance with grant-supported activities,DHS-FEMA requires the environmental aspects to generally accepted accounting standards or agency directives. be reviewed and evaluated before final action on the application; (b) notification of violating facilities pursuant to EO 11738; 3. Will establish safeguards to prohibit employees from using their positions for (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood a purpose that constitutes or presents the appearance of personal or hazards in floodplains in accordance with EO 11988;(e)assurance of project organizational conflict of interest or personal gain. consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 4. Will initiate and complete the work within the applicable time frame after §§1451 et sec.);(f)comply with the Clean Air Act of 1977,(42 U.S.C. receipt of approval of the awarding agency. §§7401 et seq.and Executive Order 11738)providing for the protection of and enhancement of the quality of the nation's air resources to promote public 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. health and welfare and for restoring and maintaining the chemical,physical, §§4728-4763)relating to prescribed standards for merit systems for programs and biological integrity of the nation's waters;(g)protection of underground funded under one of the 19 statutes or regulations specified in Appendix A of sources of drinking water under the Safe Drinking Water Act of 1974, as OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. amended(P.L.93-523);and,(h)protection of endangered species under the 900,Subpart F). Endangered Species Act of 1973,as amended(P.L.93-205). 6. Will comply with all Federal statutes relating to nondiscrimination. These 12. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C.§§1271 et include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L. seq.)related to protecting components or potential components of the national 88-352)which prohibits discrimination on the basis of race,color or national wild and scenic rivers system. origin;(b)Title IX of the Education Amendments of 1972,as amended (20 U.S.C.§§1681-1683,and 1685-1686 and 44 C.F.R.Part 19),which prohibits 13. Will assist the awarding agency in assuring compliance with Section 106 of the discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of National Historic Preservation Act of 1966,as amended(16 U.S.C. 1973, as amended (29 U.S.C. §794),which prohibits discrimination on the §470),EO 11593(identification and protection of historic properties),and the basis of handicaps;(d)the Age Discrimination Act of 1975,as amended (42 Archaeological and Historic Preservation Act of 1974(16 U.S.C.§§469a-1 et U.S.C.§§6101-6107),which prohibits discrimination on the basis of age;(e) sec.). the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug abuse; (f) the 14. Will comply with P.L.93-348,45 C.F.R.46,and DHS Management Directive Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 026-044 (Directive) regarding the protection of human subjects involved in Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to research, development, and related activities supported by this Grant. nondiscrimination on the basis of alcohol abuse or alcoholism;(g)§§523 and "Research" means a systematic investigation, including research, 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and development, testing, and evaluation designed to develop or contribute to 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse general knowledge. See Directive for additional provisions for including patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. humans in the womb,pregnant women,and neonates(Subpart B);prisoners §§3601 et sec.),as amended,relating to nondiscrimination in the sale,rental (Subpart C); and children (Subpart D). See also state and local law for or financing of housing; (i) any other nondiscrimination provisions in the research using autopsy materials. specific statute(s) under which agreement for Federal assistance is being made;and 0)the requirements of any other nondiscrimination statute(s)which 15. Will comply with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as may apply to the application. amended,7 U.S.C.§§2131 et seq.)which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale,used in 7. Will comply or has already complied with the requirements of Titles II and III research,transported commercially,or exhibited to the public according to the of the Uniform Relocation Assistance and Real Property Acquisition Policies Guide for Care and Use of Laboratory Animals and Public Health Service Act of 1970 (P.L. 91-646)which provide for fair and equitable treatment of Policy and Government Principals Regarding the Care and Use of Animals. persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. purchases. §§4801 et sec.),which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 8. Will comply,as applicable,with provisions of the Hatch Act(5 U.S.C.§§1501- 1508 and 7324-7328)which limit the political activities of employees whose 17. Will cause to be performed the required financial and compliance audits in principal employment activities are funded in whole or in part with Federal accordance with the Single Audit Act Amendments of 1996 and OMB Circular funds. No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local 9. Will comply, as applicable,with the provisions of the Davis-Bacon Act(40 Governments,and Non-Profit Organizations." U.S.C. §§276a to 276a-7),the Copeland Act(40 U.S.C. §276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 18. Will comply with all applicable requirements of all other Federal laws, U.S.C. §§327-333), regarding labor standards for federally-assisted executive orders, regulations, grant guidance, and policies governing this construction sub-agreements. Grant. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the Page 11 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance, and the requirements of any other nondiscrimination statue(s)which may apply institutional, managerial and financial capability (including funds to the agreement. sufficient to pay the non-Federal share of project costs)to ensure proper planning,management and completion of project described in this Grant. 11. Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition 2. Will give the Department of Homeland Security, the Texas Division of Policies Act of 1970 (P.L. 91-646)which provide for fair and equitable Emergency Management,the Comptroller General of the United States treatment of persons displaced or whose property is acquired as a result and, if appropriate, the State, the right to examine all records, books, of Federal and federally-assisted programs. These requirements apply papers, or documents related to this Grant and will establish a proper to all interests in real property acquired for project purposes regardless accounting system in accordance with generally accepted accounting of Federal participation in purchases. standards or agency directives. 12. Will comply with the provisions of the Hatch Act(5 U.S.C.§§1501-1508 3. Will not dispose of, modify the use of, or change the terms of the real and 7324-7328)which limit the political activities of employees whose property title or other interest in the site and facilities without permission principal employment activities are funded in whole or in part with and instructions from the awarding agency. Will record the Federal Federal funds. awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to 13. Will comply, as applicable,with the provisions of the Davis-Bacon Act assure nondiscrimination during the useful life of this Grant. (40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C.§276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act 4. Will comply with the requirements of the assistance awarding agency (40 U.S.C.§§327-333)regarding labor standards for federally-assisted with regard to the drafting,review and approval of construction plans and construction sub-agreements. specifications. 14. Will comply with flood insurance purchase requirements of Section 5. Will provide and maintain competent and adequate engineering 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234)which supervision at the construction site to ensure that the complete work requires recipients in a special flood hazard area to participate in the conforms with the approved plans and specifications and will furnish program and to purchase flood insurance if the total cost of insurable progressive reports and such other information as may be required by construction and acquisition is$10,000 or more. the awarding agency or State. 15. Will comply with environmental standards which may be prescribed 6. Will initiate and complete the work within the applicable time frame after pursuant to the following: (a)institution of environmental quality control receipt of approval of the awarding agency. measures under the National Environmental Policy Act of 1969(P.L.91- 190)as amended by 42 U.S.C.4311 et seq.and Executive Order(EO) 7. Will establish safeguards to prohibit employees from using their positions 11514 which establishes national policy goals and procedures to protect for a purpose that constitutes or presents the appearance of personal or and enhance the environment, including protection against natural organizational conflict of interest or personal gain. disasters;(b)notification of violating facilities pursuant to EO 11738;(c) 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 protection of wetlands pursuant to EO 11990; (d) evaluation of flood U.S.C.§§4728-4763)relating to prescribed standards of merit systems hazards in floodplains in accordance with EO 11988; (e)assurance of for programs funded under one of the 19 statutes or regulations specified project consistency with the approved State management program in Appendix A of OPM's Standards for a Merit System of Personnel developed under the Coastal Zone Management Act of 1972(16 U.S.C. Administration(5 C.F.R.900,Subpart F). §§1451 et seq.); (f)comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq.and Executive Order 11738)providing for the protection 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 of and enhancement of the quality of the nation's air resources to U.S.C. §§4801 et seq.)which prohibits the use of lead-based paint in promote public health and welfare and for restoring and maintaining the construction or rehabilitation of residence structures. chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe 10. Will comply with all Federal statutes relating to nondiscrimination.These Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 protection of endangered species under the Endangered Species Act of (P.L.88-352)which prohibits discrimination on the basis of race,color or 1973,as amended(P.L.93-205). national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) §§1271 et seq.) related to protecting components or potential Section 504 of the Rehabilitation Act of 1973,as amended(29) U.S.C. components of the national wild and scenic rivers system. §794),which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101-6107), 17. Will assist the awarding agency in assuring compliance with Section 106 which prohibits discrimination on the basis of age; (e)the Drug Abuse of the National Historic Preservation Act of 1966, as amended (16 Office and Treatment Act of 1972(P.L.92-255),as amended relating to U.S.C. §470), EO 11593 (identification and protection of historic nondiscrimination on the basis of drug abuse; (f) the Comprehensive properties),and the Archaeological and Historic Preservation Actof 1974 Alcohol Abuse and Alcoholism Prevention,Treatment and rehabilitation (16 U.S.C.§§469a-1 et seq). Act of 1970(P.L.91-616),as amended,relating to nondiscrimination on 18. Will cause to be performed the required financial and compliance audits the basis of alcohol abuse or alcoholism; (g) in accordance with the Single Audit Act Amendments of 1996 and OMB §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. Circular No.A-133(now OMB 2 C.F.R.200.500),"Audits of States,Local §§290dd-3 and 290ee-3), as amended, relating to confidentiality of Governments,and Non-Profit Organizations." alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to 19. Will comply with all applicable requirements of all other Federal laws, nondiscrimination in the sale,rental or financing of housing;(i)any other executive orders,regulations,grant guidance and policies governing this nondiscrimination provisions in the specific statue(s) under which Grant. agreement for Federal assistance is being made; and (j) the Page 12 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions,as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification),the Subrecipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:® www.window.state.tx.us/procurement/grog/vendor performance/debarred. 2 Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph (D)(2)of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions(Federal, State, or local) terminated for cause or default;or 5. Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification). E. Federal funds will be used to supplement existing funds, and will not replace (supplant)funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require such compliance in any subgrants or contract at the next tier. G. Subrecipient will comply with the Drug-free Workplace Act, in Subpart B of 2 C.F.R. Part 3001. H. Subrecipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance. I. Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Page 13 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS EXHIBIT D State of Texas Assurances As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Shall comply with Texas Government Code,Chapter 573,by ensuring that no officer,employee,or member of the Subrecipient's governing body or of the Subrecipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer,employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551,which requires all regular,special, or called meetings of governmental bodies to be open to the public,except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a health,human services,public safety,or law enforcement agency and the license,permit,or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701,Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code,Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds.Administering state agencies and subrecipients shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met. (See UGMS Section—.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subrecipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352),which prohibits discrimination on the basis of race,color,or national origin;(b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794),which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities,44 U.S.C. §§ 12101-12213; (d)the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970(P.L. 91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental,or financing of housing; (i)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made; and Q)the requirements of any other nondiscrimination statute(s)which may apply to this Grant. 10. Shall comply, as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C. §276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 U.S.C.§§327-333),regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91- 646),which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act(5 U.S.C.§§7321-29),which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. Page 14 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA(EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93- 234.Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190)and Executive Order(EO) 11514; (b)notification of violating facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C.§§1451 et seq.);(f)conformity of federal actions to State(Clear Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1977, as amended (42 U.S.C. §§7401 et seq.); (g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h)protection of endangered species under the Endangered Species Act of 1973, as amended (P.L.93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.§§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of 1994(Public Law 103-277),which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension,debarment,or similar ineligibility determined by any federal,state,or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed athps://www.sam.gov/portal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS workplace guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec.85.001,et seq. Page 15 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS EXHIBIT E Environmental Review As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. shall assess its federally funded projects for potential impact to environmental resources and historic properties. 2. shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by TDEM. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. 3. shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result in a non-compliance finding and TDEM will not authorize or release Grant funds for non-compliant projects. 4. as soon as possible upon receiving this Grant, shall provide information to TDEM to assist with the legally-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to TDEM for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988—Floodplain Management, EO 11990—Protection of Wetlands, and EO 12898—Environmental Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. 5. shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. 6. shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review.Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. 7. if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered,Subrecipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Page 16 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Project Scoping meeting with the State-Federal team (or FEMA process equivalent). 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP). For projects written at 100% complete, documentation must be submitted within 90 days of the Recovery Scoping Meeting (or FEMA process equivalent) or within 90 days of the work completion date (both Hazard Mitigation and Public Assistance), whichever is later, regardless of whether the project has been obligated. Should additional time be required, a time extension request must be submitted which: a.) Identifies the projects requiring an extension. b.) Explains the reason for an extension. c.) Indicates the percentage of work that has been completed. d.) Provides an anticipated completion date. e) Provides detailed milestones documenting expected progress. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request 90 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work. 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval prior to incurring costs. Approval of these requests is not guaranteed and is subject to funding availability. Costs incurred prior to approval of any scope or budget/cost changes may be denied. 4. The Project Completion and Certification Report must be submitted to TDEM within 60 days of all approved work being completed for each project. If any project requires the purchase of insurance as a condition of receiving federal funds, a copy of the current policy must be attached to this report, or Duplication of Benefits form certifying other funds were received to complete the project. 5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM.All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. 8. You may request a payment of funds on projects by initiating a Request for Reimbursement(RFR) in TDEM's Grant Management System (GMS) or an Advance of Funds Request (AFR), and including documentation supporting your request. Small Public Assistance projects are paid upon obligation and will be initiated by TDEM personnel. Payments for open projects must be requested at least quarterly if expenditures have been made in that quarter. 9. Subrecipients will be required to submit quarterly progress reports (QPR) for open large projects and all Hazard Mitigation Grant Program projects using TDEM's GMS. Your assigned Public Assistance and/or Mitigation Coordinator will coordinate the due date for your specific reporting. Reports shall record all Page 17 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS information in an accurate and timely manner for each quarter. Detailed information regarding each item of information required is available on the form in GMS. Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring a POP extension. The first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion. Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports are submitted and up-to-date. 10.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 11.Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. 13.TDEM will be using the FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14.TDEM requires the use of its Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR), Time Extensions, Scope and Cost change requests, Quarterly Progress Reports, Project Closeouts, Appeals, and other items deemed necessary by TDEM. Requested forms and processes may be adjusted and changed to accommodate GMS processes and requirements. Subrecipient agrees to monitor GMS as necessary to properly manage and complete awarded projects under this agreement. 16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as per § 200.414) when receiving Management Costs. Page 18 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS EXHIBIT G Mate Certification Additional Grant Certifications Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards(Projects) and amendments(versions)under this Grant Agreement. Duplication of Program Statement Subrecipient certifies there has not been, nor will there be, a duplication of benefits for this project. Match Certification Federal Debt Disclosure Subrecipient certifies that it is not delinquent on any Federal Debt. For Hazard Mitiaation Projects Only: Maintenance Agreement Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. Environmental'Justice Statement Federal Executive Order 12898 compliance requirements—If there are any concentrations of low income or minority populations in or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. OR 2. Applicant certifies that action will be taken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. Page 19 of 20 TDEM—December 2020 Formal Request for Information Policy Timelines for providing complete and accurate information and documentation are crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects. TDEM has developed a framework to support this endeavor following a progressive series of communications for the subrecipient, referred to as Request for Information (RFI).TDEM will work with subrecipients throughout the Formal RFI process as communication is the key to success. Scope:This policy will be applied to Public Assistance and Hazard Mitigation projects •Outreach: Minimum 2 outreach attempts documented in GMS. for management and closeout activities after obligation.This policy will address non- responsive and inadequate responses to •Day 1-First Formal Communication: request for information.The timelines Il Regional Unit Chief to Authorized Agent outlined below represent a single 30-day period, containingthree milestones. •Day 20-Second Formal Communication: Generally, this 30-day RFI Timeline begins iiii Unit Chief to Authorized Agent and Certifying Official after TDEM sufficiently documents communication (minimum of two GMS documented forms of outreach)with the •Day 30-Final Action: Regional Unit Chief to subrecipient that has been escalated up to Authorized Agent the Regional Unit Chief regarding the requested documentation. However, nothing limits the ability of TDEM to issue either a First or Second Request. RFI Timelines First Formal Communication The TDEM Regional Unit Chief will issue a read- receipt, high importance email to the subrecipient's Authorized Agent(s) highlighting previous requests and allowing thirty calendar days to provide the requested information. Second Formal Communication TDEM staff will issue a formal reminder through a letter signed by the Unit Chief which is then emailed to the subrecipient's Authorized Agent(s) and Certifying Official informing them of the final ten business days remaining to provide the requested information.The Assistant Chief is to be copied on the email for visibility. Final Action If the RFI is not sufficiently answered, the Unit Chief will verbally contact the subrecipient's Authorized Agent(s) informing them of TDEM's intent to proceed with deobligation of funds or other remedies deemed appropriate by TDEM. Deobligation requires any previously paid funds to be returned to TDEM within thirty calendar days, per the State Administrative Plan. GRANT TERMS AND CONDITIONS Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. Assurances— Non-Construction Programs, hereinafter referred to as "Exhibit A" Assurances—Construction Programs, hereinafter referred to as "Exhibit B" Certifications for Grant Agreements, hereinafter referred to as "Exhibit C" State of Texas Assurances, hereinafter referred to as "Exhibit D" Environmental Review Certification, hereinafter referred to as "Exhibit E" Additional Grant Conditions, hereinafter referred to as "Exhibit F" Additional Grant Certifications, hereinafter referred to as "Exhibit G" Request for Information and Documentation referred to as "Exhibit H" Please sign below to acknowledged acceptance of the grant and all exhibits in this agreement, and to abide by all terms and conditions. Signature of Certifying Official Date Printed Name and Title Page 20 of 20 TDEM—December 2020 "I r*4 R NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 11, 2022 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements: The Easter bunny is coming to a park near you! There will be 6 pop-up Easter egg hunts across North Richland Hills this Wednesday through Friday. Details will be announced each day on the Parks & Recreation webpage and social media accounts. Please contact the Parks & Recreation Department with any questions. The NRH Library continues its Celebrating Culture Series with a performance by the Bandan Koro African Drum and Dance Ensemble this Thursday. The free performance will take place at 5.30 p.m. in the Library lobby. Visit the Library's website for more details. The Sounds of Spring Concert Series kicks off next Friday, April 22 at 7.00 p.m. on the plaza in front of City Hall. Admission is free. Seating is on the lawn, so don't forget to bring a blanket or lawn chair. A variety of gourmet food trucks will be on-site for each concert. Please visit the city's website for more details. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Cecilia Barham and staff at the Library — A citizen posted online about the great service she receives at the Library. She wrote: "I'm thankful for the wonderful experience I get each and every time I visit the library. We moved here from Houston and the NRH Library is hands down the best library I've ever visited. Thank you!"