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CC 2023-10-09 Agendas
t4RH NOKTH RICH�AND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, OCTOBER 9, 2023 WORK SESSION: 6:00 PM Held in the City Hall Council Chambers CALL TO ORDER 1 Discuss items from regular City Council meeting.., 2. Discuss the proposed Neighborhood Empower ent Zone Program for avis Boulevard and Boulevard 26. 3. Discuss backyard hen research and suggested ordinance amendments. FUTURE AGENDA ITEM(S) The purpose of this item is to allow the Mayor and Council members an opportunity to bring forward items they wish to discuss at a future work session. In accordance with the Texas Open Meetings Act, any discussion shall be limited to a proposal to place the item on a future agenda. The Council shall not vote, or take any action on the items during this meeting. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Monday, October 9, 2023 City Council Agenda Page 1 of 4 Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.037: Deliberation regarding Economic Development negotiations - 7656 Boulevard 26. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER ORR A.2 PLEDGE - COUNCIL MEMBER ORR A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the September 25, 2023 regular City Council meeting. B.2 Authorize the purchase of a 2023 Cummins Mobile Generator, with remote monitoring, from Cummins Inc., using Sourcewell Cooperative Contract RFP No. 092222 in an amount not to exceed 306 500. B.3 Authorize the City Manager to execute a Memorandum o Monday, October 9, 2023 City Council Agenda Page 2 of 4 Understanding between San Antonio Texas Anti-Gang Center, Texas Dgpa!rtmen�tof Public Safety and North Texas Anti-Gang Center, City of North Richland Hills to transfer and receive two handheld chemical detection systems purchased bye the San Antonio Texas Center with the Texas Anfi-Gang_ELggram Grant fund, in the amount of$94,146. 6. C. PUBLIC HEARINGS C.1 ZC23-0075, Ordinance No. 3817,_Egblic hearing and consideration of a reg2.g�t from Global to a planned development at 5100 Davis Boulevard, being 0.53 acres described as Lot 1 lock 18, Clear View Addition. C-2 ZC23-0069, Ordinance No. 3818,._ Pubric hearing and consideration of a reguest from the einger Group, LLC for a re . ion to a Planned Development at 6716 Stardust Drive, being 2.88 acres described as Tract 1A2, John C. Yates Survey, Abstract 1753. C.3 ZC23-0074, Ordinance No. 3819,_E2kE�g hearing and consideration of a request from Jason Haynie for a special use permit for a permanent acg2��gr building and an accessory dwelling unit at 74 Rg2jbeing 2.784 acres described as Lot 8R, Block B, Green Valley Country states. CA ZC23-0081 Public hearing and consideration of a request from Kimley Horn and Associates for a special eerelopment plan for a new Smithfield Masonic Lodge building at 6320-6828 Mickey Court, being 0.82 acres described as Lots . 13-15 Block 3, WE Odell Addition. (CONTIN ED TO THE OCTOBER 23, 2023CITY COUNCIL M TINGE D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E-1 Authorize the City Manager to execute a professional services agreement for engineering deign �ererice� with Westwood Professional Services, Inc., dba Pei ton Land Solutions in an amount not to exceed 333,105 for the Main Street Streetscaping & Snider Street Extension Project (ST110 }. E-2 Award RFB 23-025 to McClendon Construction Co., Inc., for construction of the Lariat Trail Project (ST221 1) in the amount of Monday, October 9, 2023 City Council Agenda Page 3 of 4 $22683&32, and authorize the City Manager to execute the related construction aqreement. F. GENERAL ITEMS F-1 P,gprov�e Resolution No. 2023-077., Establishing a Neighborhood Empowerment Zone (NEZ) Basic Incentives Polio. F-2 Approve Resolution No. 2023-078, Establishing the Davis Boulevard/Boulevard 26 Neighborhood Empow rment Zone EZ . F-3 Consider Resolution No. 2023-079, nominating a representative to the Tarrant County Appraisal District Board of Directors. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER COMPTON H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, October 6, 2023 by 3:00 PM. Traci Henderson Assistant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, October 9, 2023 City Council Agenda Page 4 of 4 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Discuss the proposed Neighborhood Empowerment Zone (NEZ) Program for Davis Boulevard and Boulevard 26. PRESENTER: Paulette Hartman, Deputy City Manager GENERAL DESCRIPTION: Based on observations by citizens, City staff and City Council members a need was identified to address the aging corridor conditions of Davis Boulevard and Boulevard 26 north of Interstate Loop 820 and south of Mid-Cities Boulevard and Harwood Road. After a staff presentation and discussion on the subject at the February 2023, City Council Goals Work Session, City Council directed work to begin on a revitalization program that would encourage and simplify redevelopment, revitalization, and reinvestment in the Davis Boulevard and Boulevard 26 corridors using multiple economic development tools. At a subsequent work session on May 17, 2023, staff received input from City Council on the direction being taken to establish a Neighborhood Empowerment Zone (NEZ) and a Tax Increment Reinvestment Zone (TIRZ). Examples of growth figures and the city's participation in incentives were provided, and the City Council was supportive of establishing both an NEZ and a TIRZ. At the September 25, 2023 City Council Work Session, staff presented the draft Neighborhood Empowerment Zone Program Incentives Policy and some initial marketing materials. The draft Policy covers the following areas: • Purpose and objectives of the program • Project eligibility • Description of possible incentives • Design guidelines • Procedural steps for application, project certification, and public hearings (as needed). Items have been placed on the City Council Regular Session to consider establishing a Neighborhood Empowerment Zone (NEZ) basic incentives policy and for establishing the Davis Boulevard/Boulevard 26 Neighborhood Empowerment Zone. Staff will be seeking further direction from City Council prior to the Regular Session. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Discuss backyard hen research and suggested ordinance amendments. PRESENTER: Stefanie Martinez, Director of Neighborhood Services GENERAL DESCRIPTION: Over the last few months residents of North Richland Hills have asked that City Council consider amending the current city ordinances restricting backyard hens. Neighborhood Services has conducted research, met with interested parties and received input from residents regarding allowing backyard hens. Chapter 14 of the City of North Richland Hill's Code of Ordinances currently restricts chickens and fowl to properties zoned AG or R-1-S. It also limits the number of livestock and fowl to one per acre. Staff is prepared to present the information gathered to City Council for their consideration in amending the ordinances. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Approve minutes of the September 25, 2023 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 September 25, 2023 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 SEPTEMBER 25, 2023 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of September at 5.45 p.m. in the Council Workroom prior to the 7.00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 Rita Wright Oujesky Place 2 Suzy Compton Place 3 Mason Orr Place 4 Blake Vaughn Associate Mayor Pro Tem, Place 5 Scott Turnage Deputy Mayor Pro Tem, Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Manila Assistant City Manager Caroline Waggoner Assistant City Manager Alicia Richardson City Secretary/Chief Governance Officer Maleshia B. McGinnis City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 5.46 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. 2. DISCUSS THE PROPOSED NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM FOR DAVIS BOULEVARD AND BOULEVARD 26. Deputy City Manager Paulette Hartman shared that at the May 17, 2023 Work Session, staff and City Council discussed tools to create special zones in specific areas to encourage development and redevelopment. At the direction of City Council, staff drafted a policy for the program to target revitalization and redevelopment for Davis Boulevard and Boulevard 26. The purpose of the Neighborhood Empowerment Zone (NEZ) is to stimulate revitalization/redevelopment through measures to remove barriers to September 25, 2023 City Council Meeting Minutes Page 1 of 12 revitalization or redevelopment of aged properties in the zone. Ms. Hartman reviewed recommended measures for consideration by City Council. The zone encompasses Davis Boulevard from Smithfield Road/Bridge Street to Northeast Loop 820 and Boulevard 26 from Harwood Road to Northeast Loop 820. The Economic Development department created marketing material for the program "NRH EZ Streets" to assist with publicizing the program. The marketing literature will be used when meeting with target partners (businesses, property owners, brokers, investors, and developers). The benefits of "NRH EZ Streets" includes expedited review of plans, permitting and inspections, city fee waivers, customized grants to assist with property improvements, and variances to codes in order to accommodate property constraints. Ms. Hartman reviewed uses that would be ineligible to receive "NRH EZ Streets" benefits. Ms. Hartman reviewed eligibility criteria for an empowerment zone project - (1) application for property located within the zone; (2) not delinquent in paying property taxes; (3) in the event of a zoning change or variance, public hearings have taken place and result in approval; and (4) comply with design guidelines within existing development policies adopted by City Council. Ms. Hartman reviewed eligibility incentives for "NRH EZ Streets" - (1) applicant must have demonstrated eligibility and receive project certification; (2) property is in conformance with NRH zoning or obtains City Council approval for re-zoning; and (3) termination of incentives. Ms. Hartman reviewed eligible activities for grant funding in an amount not to exceed $100,000 per project. The City Council will consider the grant policy at the next meeting. The policy authorizes the City Manager to execute approved standard agreements. Applications that involve requests for sales tax rebates, abatements or property tax would go through the city's normal process for consideration and approval by the City Council. She shared that the "Davis Boulevard Revitalization" (Capital Improvement Project ED2301) was approved in Fiscal Year 2023 with $250,000 in funds to start the program before the Tax Increment Reinvestment Zone (TIRZ) is established. Ms. Hartman also reviewed city fees that are eligible to be waived as part of the "NRH EZ Streets" benefits. Ms. Hartman asked City Council for their input regarding next steps for the Neighborhood Empowerment Zone (NEZ). City Council had no objection to the recommended policy for the NEZ and grant program for "NRH EZ Streets". Ms. Hartman asked City Council to let her or City Manager Mark Hindman know if they have any questions or input for the policy or grant program. Staff will bring forward two resolutions - (1) to establish the Neighborhood Empowerment Zone (NEZ) and (2) establish the ("NRH EZ Streets) grant program. 3. DISCUSS POSSIBLE CHANGES TO THE PLANNING AND ZONING COMMISSION TO INCLUDE ONE OR MORE ALTERNATE POSITIONS. September 25, 2023 City Council Meeting Minutes Page 2 of 12 Director of Planning Clayton Comstock presented proposed options for appointing one or two alternates to the Planning and Zoning Commission. On May 6, 2023, citizens approved Proposition F of the Charter Amendment Election, to provide the appointment of alternates to the Planning and Zoning Commission. City Council directed staff to move forward with two alternates. Mr. Comstock informed City Council that staff will bring forward an ordinance to update the membership of the Planning and Zoning Commission. 4. DISCUSS CITY COUNCIL RULES OF PROCEDURE. City Manager Mark Hindman reviewed the current process in the City Council Rules of Procedures to place items on pre-council agendas, known now as work session. The Rules of Procedure provide that the agenda is prepared by the City Manager, and the mayor or a member of council may request an item be placed on the work session agenda. The City Manager has the final decision, subject to appeal by City Council at the next regular meeting. He stated that if there is interest to place an item on the agenda from two or more members of City Council that he will place the item on the agenda. Mr. Hindman reviewed items that would require a consensus from the City Council before placing the item on the agenda. He shared with City Council the results of his review of area cities and their agenda process. There is a standing item, "Future Agenda Items", on most agendas that provide the opportunity for members of the City Council to request an item(s) be placed on an agenda for discussion by the City Council. In response to Mayor Trevino's questions, Mr. Hindman responded that area cities list the standing item, "Future Agenda Items", at the end of the work session or on the regular agenda. The area cities vary in how they consider the requests for "Future Agenda Items". Some cities move forward with requested items by consensus. Mr. Hindman reviewed options for consideration by the City Council to revise the current Rules of Procedure. (1) Agenda items added at the request of one Council member (2) Agenda items added at the request of multiple Council members (3) Future Agenda Items added to the agenda 3a - Items proposed at meeting, Council consensus on next step 3b - Items listed on the posted agenda for discussion, Council consensus on next step Council and staff discussed the options; opportunity for City Council to have time to research items requested by other elected officials before discussing; the requesting member is responsible for presenting their item to the City Council for consensus to place the item on a future work session for discussion; staff provides unbiased direction on what is being requested by an elected official; and addressing repetitive requests. The consensus of City Council is to add "Future Agenda Items" section to work session that allows City Council the opportunity to request an item be placed on a future work September 25, 2023 City Council Meeting Minutes Page 3 of 12 session agenda. EXECUTIVE SESSION There being no Executive Session, Mayor Trevino announced at 6.48 p.m. that the City Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order September 25, 2023 at 7.00 p.m. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 Rita Wright Oujesky Place 2 Suzy Compton Place 3 Mason Orr Place 4 Blake Vaughn Associate Mayor Pro Tem, Place 5 Scott Turnage Deputy Mayor Pro Tem, Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary/Chief Governance Officer Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Compton gave the invocation. A.2 PLEDGE Council member Compton led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Ms. Shawna Stiles, 3908 Lochridge Court, commented on usage of cell phones by elected officials during public meetings and social media comments posted by an elected official regarding the budget. September 25, 2023 City Council Meeting Minutes Page 4 of 12 Ms. Brandi Merritt, 7320 Shady Hollow, commented on the stray animals in the city, lack of officers on the weekends to respond to injured animals, and responses she received from animal control employees. Ms. Jessie Goodfellow, 7500 Cimarron Drive, spoke about the flooding of her property from the adjacent development. She asked the city for help to address the flooding. Mr. Matt Reed, 5145 Gentling Place, presented City Council with a proposed ordinance for backyard chickens. He provided an overview of the proposed ordinance that included a declaration policy, definitions, requirements, and code enforcement. Ms. Crystal Main, 9216 Winslow Court, commented on the City Council work sessions and that the meetings should be recorded and available to the public on the website. Ms. Main also commented on backyard chickens, the number of chickens allowed in coops and her experience with coop tours. 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 COUNCIL MEMBER ORR, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE MAY 20-21, 2022 CITY COUNCIL GOALS WORK SESSION. B.2 APPROVE MINUTES OF THE FEBRUARY 24, 2023 CITY COUNCIL GOALS WORK SESSION. B.3 APPROVE MINUTES OF THE SEPTEMBER 7, 2023 CITY COUNCIL MEETING. B.4 APPROVE MINUTES OF THE SEPTEMBER 11, 2023 REGULAR CITY COUNCIL MEETING. September 25, 2023 City Council Meeting Minutes Page 5 of 12 B.5 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT INSTRUCTOR SERVICE AGREEMENT WITH JULIA GESKE FOR PROVIDING TENNIS INSTRUCTION SERVICES AT THE RICHLAND TENNIS CENTER IN AN AMOUNT NOT TO EXCEED $85,000 FOR FY2024. C. PUBLIC HEARINGS CA ZC23-0073, ORDINANCE NO. 3812, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE SOCIETY OF SAINT PIUS X OF FORT WORTH INC. FOR A ZONING CHANGE FROM R-7-MF (MULTIFAMILY) AND C-1 (COMMERCIAL) TO U (SCHOOL, CHURCH, AND INSTITUTIONAL) AT 3900 SCRUGGS DRIVE, BEING 0.69 ACRES DESCRIBED AS LOTS 5K, 6K, AND 19K, CALLOWAY ACRES ADDITION. APPROVED Mayor Trevino opened the public hearing and called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a zoning change for 0.69 acres located at 3900 Scruggs Drive. The area is designated on the Comprehensive Land Use Plan as community services and the current zoning is R-7MF, multifamily and C-1, commercial. Mr. Comstock provided site photos of the property. Applicant representative Paul Banschbach, 5971 Trail Mark Court, Fort Worth, Texas, presented the request. The church has been at this location for 50 years. They are growing and would like to make improvements to their site to add a small school. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their September 21, 2023 meeting, recommended approval with a vote of 5-0. 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 on the item to come forward. Ms. Traci Bennett, 3825 Scruggs Drive, stated that she lives across the street from the church. She commented on the city zoning her property as commercial and she asked that the church have appropriate parking because people continually park in front of her house. She asked the city to look at the zoning for the entire street. There being no one else wishing to speak, Mayor Trevino closed the public hearing. September 25, 2023 City Council Meeting Minutes Page 6 of 12 A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ORDINANCE NO. 3812. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS EA AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH AGUIRRE & FIELDS, LP FOR ENGINEERING DESIGN SERVICES IN AN AMOUNT NOT TO EXCEED $55,650 FOR THE PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT (ST2303). APPROVED Assistant City Manager Caroline Waggoner presented the item. The pedestrian connectivity enhancements includes the design and construction of a sidewalk on the east side of Davis Boulevard from Northeast Parkway to the Cotton Belt Trail and sidewalk on the east side of Smithfield Road from Northeast Parkway to the trail. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER COMPTON TO AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH AGUIRRE & FIELDS, LP FOR ENGINEERING DESIGN SERVICES IN AN AMOUNT NOT TO EXCEED $55,650 FOR THE PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT(ST2303). MOTION TO APPROVE CARRIED 7-0. E.2 AUTHORIZE THE CITY MANAGER TO EXECUTE A COST-SHARING AGREEMENT WITH TYSON PREPARED FOODS NORTH RICHLAND HILLS FOR THE TYSON 12" & 10" SANITARY SEWER BY-PASS PROJECT (UT2207). APPROVED Assistant City Manager Caroline Waggoner presented the item. The project consists of designing and constructing 1,000 feet of 12" sanitary sewer main and 400 feet of 10" sanitary sewer line to replace an older 8" sewer line. If approved, staff will receive bids on October 11 and bring forward an item for City Council consideration at the November 13 meeting. Ms. Waggoner anticipates the construction to begin in January and the September 25, 2023 City Council Meeting Minutes Page 7 of 12 project will take approximately eight months. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY MAYOR PRO TEM DEUPREE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A COST-SHARING AGREEMENT WITH TYSON PREPARED FOODS NORTH RICHLAND HILLS FOR THE TYSON 12" & 10" SANITARY SEWER BY-PASS PROJECT(UT2207). MOTION TO APPROVE CARRIED 7-0. F. GENERAL ITEMS FA CONSIDER ORDINANCE NO. 3816, AUTHORIZING THE ISSUANCE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2023A"; SPECIFYING THE TERMS AND FEATURES OF SUCH BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SUCH BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SUCH BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, AND THE APPROVAL AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. APPROVED Director of Finance Mark Mills presented the item. The City Council is requested to consider the issuance of General Obligation Bonds in the amount of $5,895,000 for the following projects associated with the 2020 Bond Election program. Harmonson Road - $400,000 Crystal Lane - $120,000 Daniel Drive - $80,000 Post Oak Drive - $90,000 North Richland Boulevard - $665,000 Ruth Road - $550,000 Chapman Road - $1,220,000 Lake Side Circle - $240,000 Residential bond streets - $632,500 Major bond streets - $1,897,500 The Bond Election program includes the reconstruction of 27 residential and major streets. This is the final issuance to fund the bond program. Mr. Dan Mahoney, Chief Financial Officer Hilltop Securities, Inc., presented the bids September 25, 2023 City Council Meeting Minutes Page 8 of 12 received for the General Obligation Bonds. The lowest bid came from PNC Capital Markets at 4.143517%. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ORDINANCE NO. 3816, AUTHORIZING THE ISSUANCE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2023A"; SPECIFYING THE TERMS AND FEATURES OF SUCH BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SUCH BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SUCH BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, AND THE APPROVAL AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. MOTION TO APPROVE CARRIED 7-0. F.2 APPROVE REIMBURSEMENT RESOLUTION NO. 2023-076 FOR PROJECTS INCLUDED IN THE FISCAL YEAR 2023/2024 CAPITAL PROJECTS BUDGET IN AN AMOUNT NOT TO EXCEED $9,550,000. APPROVED Director of Finance Mark Mills presented the item. The reimbursement resolution allows expenses associated with projects included in the Fiscal Year 2023/2024 Capital Budget to be reimbursed through the future issuance of Certificates of Obligation. Staff recommends City Council approve Resolution No. 2023-076, authorizing reimbursement of capital expenditures with respect to proceeds of debt hereafter to be incurred, in an amount not to exceed $9,550,000. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE REIMBURSEMENT RESOLUTION NO. 2023-076 FOR PROJECTS INCLUDED IN THE FISCAL YEAR 2023/2024 CAPITAL PROJECTS BUDGET IN AN AMOUNT NOT TO EXCEED $9,550,000. MOTION TO APPROVE CARRIED 7-0. F.3 CONSIDER RESOLUTION NO. 2023-075, NOMINATING A REPRESENTATIVE TO THE TARRANT COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. September 25, 2023 City Council Meeting Minutes Page 9 of 12 APPROVED City Manager Mark Hindman presented the item. The Tarrant County Appraisal District informed the city that the terms of service for the five members of the Tarrant Appraisal District ("TAD") Board of Directors("Board") expire December 31, 2023. As a voting entity, North Richland Hills may nominate one candidate for each of the five positions. TAD is receiving nominations from voting entities by resolution no later than October 15, 2023. Once the nomination process is complete, TAD will provide voting entities a ballot to allocate 37 votes for nominees. The city's ballot, approved by resolution, is due to TAD by December 15, 2023. The five nominees receiving the highest vote totals will be elected to office. Mr. Hindman commented that he received one nomination from Council member Rodriguez for Vince Puente, Sr. The city may nominate additional candidates at the next meeting and submit both resolutions to Tarrant County by October 15. Council member Rodriguez nominated Vince Puente, Sr. as a candidate for the TAD Board. Council member Vaughn expressed concern with members on the TAD Board. He said it is important to have competent people on the Board. He has no concern voting for Vince Puente tonight. He asked City Council to consider Rich DeOtte, Gary Losada, Gerald Miller, and Lucila "Luli" Seri. Council member Wright Oujesky asked if it would hurt the city to split the votes. Mayor Trevino commented that votes cast for candidates allows the opportunity for the city to recall the member if the city voted for them. Associate Mayor Pro Tern Vaughn moved, seconded by Mayor Pro Tern Deupree, to nominate Gary Losada as a candidate for the TAD Board of Directors. Council member Wright Oujesky asked Council member Vaughn if action on his motion can be postponed to the next meeting. She said that she is not familiar with Mr. Losada and has not seen his resume. Associate Mayor Pro Tern Vaughn withdrew his motion. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY DEPUTY MAYOR PRO TEM TURNAGE TO APPROVE RESOLUTION NO. 2023-075, NOMINATING VINCE PUENTE, SR. TO THE TARRANT COUNTY APPRAISAL DISTRICT (TAD) BOARD. MOTION TO APPROVE CARRIED 7-0. September 25, 2023 City Council Meeting Minutes Page 10 of 12 FA AUTHORIZE THE PURCHASE OF ADDITIONAL FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT USING AN EXISTING PURCHASING AGREEMENT AWARDED TO CASCO INDUSTRIES, INC., THROUGH RFP 20-026 IN THE TOTAL COLLECTIVE PURCHASE AMOUNT OF $119,673.96. APPROVED Fire Chief Stan Tinney presented the item. A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER ORR TO AUTHORIZE THE PURCHASE OF ADDITIONAL FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT USING AN EXISTING PURCHASING AGREEMENT AWARDED TO CASCO INDUSTRIES, INC., THROUGH RFP 20-026IN THE TOTAL COLLECTIVE PURCHASE AMOUNT OF $119,673.96. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that City Council did not convene into Executive Session. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Council member Wright Oujesky made the following announcements. National Night Out is Tuesday, October 3, 2023. If you will be hosting a National Night Out block party, please register your event in advance so city officials can plan to attend . You can find more information on the city's website. If you're looking for amazing discounts on books, check out the Friends of the NRH Library's Book Sale on Saturday, October 7, 2023. The event will run from 10.00 a.m. to 2.00 p.m. in the Library's Community Room. All proceeds support the Friends of the NRH Library's mission to enhance literacy events and services. Live music returns to our City Hall Plaza with two free concerts this October. Join us Saturday, October 7, 2023 for the Motown sounds of Memphis Soul, plus a video light show by Lightware Labs. On Thursday, October 12, 2023 the Stevie Ray Vaughan Tribute band Texas Flood will perform. Please visit the city's website for more details. September 25, 2023 City Council Meeting Minutes Page 11 of 12 Kudos Korner - Jed Boyd, Dalton Wood, Tom Fitzmaurice, Josh Hanson and Brian Martin in the Fire Department - We received a note of thanks from a resident about the team who responded to his emergency medical call. He stated that his family believes NRHFD has the best, highest trained and most professional firefighters and paramedics ever. He appreciated their caring concern and the outstanding quality of employees who work for NRH. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8.10 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer September 25, 2023 City Council Meeting Minutes Page 12 of 12 CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager Date: October 9th, 2023 SUBJECT: Authorize the purchase of a 2023 Cummins Mobile Generator, with remote monitoring, from Cummins Inc., using Sourcewell Cooperative Contract RFP No. 092222 in an amount not to exceed $306,500. PRESENTER: Zane Ryan, Fleet Services Manager SUMMARY: This item is to purchase one Cummins C500D6RE-A067D241 50OKW mobile generator with remote monitoring in the total amount of $306,500. This mobile generator is being purchased from Cummins, Inc. through Sourcewell Cooperative Contract RFP No. 092222. GENERAL DESCRIPTION: The purchase of this generator is to replace a 17-year-old mobile generator that is no longer reliable with parts unavailable and no longer supported by the vendor. The new generator will serve as the primary emergency power for the Animal Adoption and Rescue Center, as well as backup power for critical public works facilities. The maximum expenditure amount for this unit is $306,500. This total funding is available through the Facilities ARPA project FC2200 budgeted for Fiscal Year 2022-2023. The City of North Richland Hills is a member of inter-local groups and utilizes existing contracts with vendors through the local and national Government Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. The City continues to conduct positive business dealings with Cummins, Inc. RECOMMENDATION: Authorize the purchase price of a 2023 Cummins Mobile Generator with remote monitoring from Cummins, Inc., using Sourcewell Cooperative Contract RFP No. 092222 in an amount not to exceed $306,500. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM Sourcewell ��lllmmm„.. j aa/ Solicitation Number: RFP #0� 2222 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Cummins Inc., 500 Jackson Street, Box 3005, Columbus, IN 47201 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21)that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit,tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE.This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 22, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following:Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. . EQUIPMENT, PRODUCTS, R SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev.3/2022 1 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer used, close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. All equipment purchased pursuant to this Contract is governed by the express written manufacturer's warranty (the "Warranty") and is the only warranty offered on the equipment. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY,THERE ARE NO OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THE REMEDIES PROVIDED IN THE WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. Supplier further warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS,AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. . PRICING' All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition.This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Rev.3/2022 2 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING.At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time.All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator.This Rev.3/2022 3 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum,the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion.The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS,AND AIRTICIPATIN ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education,tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. Rev.3/2022 4 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT.To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier.Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum,the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. Rev.3/2022 5 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed.The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. S. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter.A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. Rev.3/2022 6 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to,the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10.AUDIT,ASSIGNMENT,AMENDMENTS,WAIVER,AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5,the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract.This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed Rev.3/2022 7 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D064C65EBC0 092222-CMM assignment agreement. Such consent will not be unreasonably withheld.Any prohibited assignment will be invalid. C. AMENDMENTS.Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE.This Contract represents the complete agreement between the parties. No other understanding regarding this Contract,whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract,the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES.The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses.This Contract does not create a partnership,joint venture, or any other relationship such as master-servant, or principal-agent. 1. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any third party claims or causes of action, including attorneys'fees incurred by Sourcewell or its Participating Entities, arising out of any negligent act or omission or willful misconduct in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.To the maximum extent permitted by law, in no event will Supplier be liable under this Contract for consequential, incidental, or special damages, including without limitation any lost opportunity damages or lost profits, or savings, loss of use, loss of data, or downtime, even if it has been advised of their possible existence. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. .GOVERNMENT A A PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell Rev.3/2022 8 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING,AND ENDO SEII 'MENIT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively"Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use,the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees,will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. Rev.3/2022 9 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM C. MARKETING.Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT.The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW,JURISDICTION,AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 1 .S VRA6ILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17.PERFORMANCE, DEFAULT,AND REMEDIES A. PERFORMANCE. During the term of this Contract,the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management.The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute,the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed Rev.3/2022 10 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM work,the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure,the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contractor any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following: 1. Workers'Compensation and Employer's Liability. Workers' Compensation:As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations,with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent.At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury.All required limits,terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: Rev.3/2022 11 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below.The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000—annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability.The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data—including but not limited to, confidential or private information,transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. Rev.3/2022 12 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier.The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors.The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. Rev.3/2022 13 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM 20.BANKRUPTCY, DEBARMENT,OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 1. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal"should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 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 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT,AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to Rev.3/2022 14 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-federal entity must report all suspected or reported violations to the federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 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. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be 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 U.S.C. § 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. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of"funding agreement" under 37 C.F.R. §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 of experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 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. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. Rev.3/2022 15 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM E. CLEAN AIR ACT(42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 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 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 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. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have 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 U.S.C. § 1352. Suppliers must 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. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS.To the extent applicable,Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333.The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Rev.3/2022 16 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions.The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 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. M. FEDERAL SEAL(S), LOGOS,AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT.The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST.The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to Rev.3/2022 17 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224.The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS.To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. . CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Cummins Inc. DocuNgned by. DMUSigned by- , s By: o D7A139DO648B.-- By: WIE4348F.... Jeremy Schwartz James Stalnaker Title: Chief Procurement Officer Title: National Accounts Sales Director 11/17/2022 1 3:50 PM CST 11/,17/2022 1 2:02 PM PST Date: Date: Rev.3/2022 18 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 092222-CMM Approved: DocuSigned by. (A By:[ F817ACACC Chad Coauette Title: Executive Director/CEO 11/17/2022 1 6:54 PM CST Date: Rev.3/2022 19 DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Electrical Energy Power GenerationEquipment, it Related rSupplies, Services Vendor Details Company Name: Cummins Inc. Does your company conduct business under any other name?If CSSNA yes,please state: 500 Jackson Street Address: Columbus,Indiana 47201 Contact: Kirk Adams Email: kirk.e.adams@cummins.com Phone: 612-270-5540 Fax: 612-270-5540 HSTM 35-0267090 Submission Details Created On: Friday August 05,2022 13:41:52 Submitted On: Thursday September 22,2022 08:52:00 Submitted By: Kirk Adams Email: kirk.e.adams@cummins.com Transaction M eb41a4b1-f681-44bc-af26-16fc920a2e26 Submitter's IP Address: 155.190.17.4 Sid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2DO84C65EBCO Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response.Do not leave answers blank; respond"N/A"if the question does not apply to you (preferably with an explanation). Line Question Response ' Item 1 Proposer Legal Name (one legal entity only): Cummins Inc. (In the event of award, will execute the resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer Cummins Power Systems whose equipment, products, or services are Cummins Distribution Business included in the Proposal. 3 Identify all applicable assumed names or DBA Cummins Sales and Service North America (CSSNA). Cummins Southern Plains names of the Proposer or Proposer's Power subsidiaries in Line 1 or Line 2 above. 4 Provide your CAGE code or Unique Entity Cage Code OH229 Identifier (SAM): SAM Registration 7PYM2 [80155845] 5 Proposer Physical Address: 500 Jackson Street Box 3005 Columbus, IN 47201 6 Proposer website address (or addresses): www.Cummins.com x 7 Proposer's Authorized Representative (name, James Stalnaker title, address, email address & phone) (The National Accounts Sales Director representative must have authority to sign james.I.stalnaker@cummins.com the "Proposer's Assurance of Compliance" on 503-972-6609 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 8 Proposer's primary contact for this proposal Kirk Adams (name, title, address, email address & phone): Sales Executive 18008 82nd Ave North Maple Grove, MN 55311 kirk.e.adams@cummins.com 612-270-5540 9 Proposer's other contacts for this proposal, if Jaime Ferguson any (name, title, address, email address & Account Manager - Government Sales phone): jamie.ferguson@cummins.com 612-201-3468 Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Table 2: Company Information and Financial Strength Line Item Question Response 10 Provide a brief history of your company, Cummins Inc. Establish in 1919, is a 100 year old American multinational including your company's core values, corporation that designs, manufactures, and distributes engines, filtration, and power business philosophy, and industry longevity generation products. Headquartered in Columbus Indiana, Cummins has 14 related to the requested equipment, products consecutive years on Ethisphere World's Most Ethical Companies list. Our mission or services. is "Making people's lives better by powering a more prosperous world." Our vision is "Innovating for our customers to power their success". Our values are as follows: INTEGRITY - Doing what you say you will do and doing what is right DIVERSITY AND INCLUSION - Valuing and including our differences in decision making is our competitive advantage CARING - Demonstrating awareness and consideration for the wellbeing of others EXCELLENCE - Always delivering superior results TEAMWORK - Collaborating across teams, functions, businesses and borders to deliver the best work 11 What are your company's expectations in the To work with Sourcewell to grow our sales to Sourcewell Members by providing event of an award? superior products and services at the best price. 12 Demonstrate your financial strength and See attached 2021 Annual Report. Cummins ranks 149 in the S&P 500 stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 13 What is your US market share for the Approx 35-40% market share solutions that you are proposing? 14 What is your Canadian market share for the Approx 25% market share solutions that you are proposing? 15 Has your business ever petitioned for No . bankruptcy protection? If so, explain in detail. 16 How is your organization best described: is Cummins is a vertically integrated manufacturer that owns its sales distribution and it a manufacturer, a distributor/dealer/reseller, service network. Cummins Sales and Service operate across 200 + branch or a service provider? Answer whichever location in the US and Canada. Cummins is unique in our industry as we own our question (either a) or b) just below) best North American distribution. All other competitors sell through 3rd party independent applies to your organization. dealers and resellers. We believe by owning our distribution and service network a) If your company is best described as this gives Cummins a competitive advantage as our goal is to optimize and a distributor/dealer/reseller (or similar entity), standardize our network to deliver superior products and services to deliver a provide your written authorization to act as a superior customer experience across the US and Canada distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 17 If applicable, provide a detailed explanation Cummins requires all field service technicians to be trained and certified through its outlining the licenses and certifications that internal training program. Technician levels are grades 1 thru 4 with 4 being the are both required to be held, and actually highest level certification. held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 18 Provide all "Suspension or Debarment" None information that has applied to your organization during the past ten years. Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Table 3: Industry Recognition & Marketplace Success Line Question Response* Item 19 Describe any relevant industry awards or Cummins' rank on Newsweek's list of America's Most Responsible Companies recognition that your company has received (2021) in the past five years Cummins received a perfect score for a 10th consecutive year in the Corporate Equality Index awarded by the Human Rights Campaign. The group is the largest U.S. civil rights organization for lesbian, gay, bisexual and transgender (LGBT) employees. Forbes magazine's list of the Top 25 Employers in America. The list was based on a survey of more than 20,000 American workers at large U.S. firms or institutions. Cummins was named one of the Top 50 Companies for Diversity by Diversity Inc magazine for a ninth consecutive year. Cummins ranked 21st on the magazine's list. 20 What percentage of your sales are to the Approx 50% governmental sector in the past three years 21 What percentage of your sales are to the Approx 25% education sector in the past three years 22 List any state, provincial, or cooperative Currently we have Sourcewell (Approx $5-6M annual sales), HGAC (Approx $500K purchasing contracts that you hold. What is annual sales. Equalis ($0 sales to date). the annual sales volume for each of these contracts over the past three years? 23 List any GSA contracts or Standing Offers We are currently in process of resubmitting to GSA. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 24.Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name* Contact Name* Phone Number* Municipal Engineer/Director of Public Works Leonard R. Lepore, P.E. (973) 325-4160 Township of West Orange West New York Board of Education Jackie Zois 201-553-4000 Ext 30027 Burlington Township NJ George Coolidge (609) 239-5880 City of Vineland Mercado Miguel (856) 794-4040 Sid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Table 5: Top Five Government or Education Customers, Line Item 25. Provide a list of your top five government, education,or non-profit customers(entity name is optional), including entity type,the state or province the entity is located in,scope of the project(s), size of transaction(s),and dollar volumes from the past three years. State/ ' * Dollar Volume Past Three Entity dame Entity Type Province* Scope of Work Size of Transactions Years US Army Government District of AAMPS (Advanced Medium $ 1M avg sale $100M Columbia-DC Mobile Power Program) US Airforce Government District of BEAR (Basic Expeditionary $850,000 avg sale $50 M Columbia-DC Airfield Resource) Schools at all Education Alabama-AL Approx 25% of Cummins Sales $ 75k avg sale $1B levels of occur to Educational customers. education in all 50 states and Canadian Provinces State Gov't in Government Alabama-AL Approx 25% of Cummins Sales $100K avg sale $1 B all 50 states occur to State Government entities and Canada Provinces Non Profits in Non-Profit Alabama-AL Approx 10% of Cummins Sales $ 50K avg sale $50M all 50 states occur to Non-Profits and Canadian Provinces Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Table 6:Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers,the number of workers(full-time equivalents)involved in each sector,whether these workers are your direct employees(or employees of a third party),and any overlap between the sales and service functions. Line Question Response Item 26 Sales force. Approx 350 Power Generation sales professionals, supported by Project Managers k and Service personnel 27 Dealer network or other distribution Cummins operates globally across 190 countries. In North America we conduct methods. business as "Cummins Sales and Service Norther America (CSSNA). In North America we have sales and service personnel operating across 230 branch and parts distribution centers. We feel this gives us strategic control over inventories, parts stocking, and deployments of service personnel that is unique in our industry. 28 Service force. Approx 3400 certified technicians operating across 230 branch/parts/service centers. Our goal is nothing short of service excellence. Service is critical to our business model and that can only be achieved by "continuous improvement' . This applies from response times to parts or service deliveries. In short, doing what we say, when we say, all the time. FOUR POINTS OF THE SERVICE VALUE PROPOSITION 1. Repair Velocity — Enhance Uptime for the Customer. Extensive logistics network provides the availability of parts necessary to deliver timely repairs 2. Repair Quality — Peace of Mind. Our extensive experience dedicated to the Cummins products makes us the service experts. Best-in-class training programs for technicians. 3. Service Excellence — Reliability and Consistency Predictive maintenance solutions utilize data and analytics to preempt failures before they occur. 4. Service Innovation — Flexibility and Creativity. Technicians that remain onsite at customers' places of business and are dedicated to specific customers- Bumper to bumper service capabilities. 29 Describe the ordering process. If orders Orders will be handled by the local CSSNA sales team. The Sourcewell member will be handled by distributors, dealers or need simply connect with the national account manager. The account manager will others, explain the respective roles of the then reach out to the local sales to contact the member. The local sales rep will „ Proposer and others. connect with the Sourcewell member and work with them on product configuration, local codes and standards, application, commissioning and preventative maintenance options. 30 Describe in detail the process and Cummins Sales and Service is committed to providing exceptional sales, service and procedure of your customer service parts support and preventative maintenance programs for all Cummins engines, program, if applicable. Include your generators, and related components. Staffed by Cummins trained and certified response-time capabilities and professionals, our facilities provide 24/7 emergency call-out service 365 days a year. commitments, as well as any incentives Our promise is to deliver exceptional products, dependable service, and reliable that help your providers meet your stated support, when and where you need it. Our goal is to keep your equipment on the service goals or promises. job and operating at its peak efficiency. Please visit our locations page (hftps:Hsalesandservice.cummins.com/locations) 31 Describe your ability and willingness to 100% - Our goal is keep you equipment operating at peak efficiency. provide your products and services to Sourcewell participating entities in the United States. 32 Describe your ability and willingness to 100% - Our goal is keep you equipment operating at peak efficiency. provide your products and services to " Sourcewell participating entities in Canada. 33 Identify any geographic areas of the United None. States or Canada that you will NOT be fully serving through the proposed contract. 34 Identify any Sourcewell participating entity None sectors (i.e., government, education, not-for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 35 Define any specific contract requirements None or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Sid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Table 7: Marketing Plan Line Item Question < Response 36 Describe your marketing strategy for Sourcewell members are our customers. The difference is that we have historically promoting this contract opportunity. followed the bid/spec process required by state law or policy. We educate and promote Upload representative samples of your Sourcewell to our regional sales teams as a stream-lined process for these existing marketing materials (if applicable) in customers. Enclosed is a sample presentation that we have been presenting quarterly to the document upload section of your educate our regional sales teams since 2020. response. 37 Describe your use of technology and Cummins uses several different types of digital medium. digital data (e.g., social media, 1.) CRM - Salesforce based - used to track all customer contact, quotations, orders, metadata usage) to enhance project status, billing etc. It is how we track all Sourcewell member projects. marketing effectiveness. 2.) Landing Page - # of hits, indication if our market message/strategy is working. 3.) Cummins Web Page - free access to Technical documentation (PowerSuite) and Application/Technical Seminars (PowerHour)) 4.) WWW.Cummins.com A free, industry leading online tool for power system product sizing and n specification generation Targeted Digital - Healthcare/Data Centers/Education/Government Landing Pages - Market specific targeting Flyers - Product Brochures, White papers on application Branch Signage - Local advertising Internal Communication - Focused meetings on specific markets and customers Trade Shows 38 In your view, what is Sourcewell's role The Sourcewell material is excellent in communicating advantages to members. in promoting contracts arising out of We simply use that material to educate and inform our own sales force on the advantage this RFP? How will you integrate a to end users. We have also participated in regional events and to learn more about Sourcewell-awarded contract into your Sourcewell and its members. sales process? Customer / Project Tracking - Cummins requires all customer projects be logged into our CRM (SalesForce). We established a tracking mechanism for all Sourcewell quotations / projects. We also require all Sourcewell projects to have specific naming convention as a secondary process check. The CRM tracks from quote to win-loss to project status through closure. 39 Are your products or services We use and support several different procurement portals such as Ariba, Oracle, etc available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Table 8: Value Added Attributes Line Question Response* Item Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 40 Describe any product, equipment, Cummins offers a excellent technical platform that is free to all customers (see below). In maintenance, or operator training addition, we offer fee based hands-on Preventative Maintenance training to customers that programs that you offer to can be tailored to their needs. Sourcewell participating entities. Any customer can 1-800-Cummins for service or tech support. Include details, such as whether In addition, there are free online technical resources available to any customer. These training is standard or optional, include both live and pre-recorded session such as: who provides training, and any PowerHour: topic examples costs that apply. Features of Generator Set Control Based Paralleling NFPA 110 Time to Readiness NEC Code Changes for Emergency Power Systems Specifying Gaseous Generator Sets Introduction to Generator Set Sizing Software Emissions and Air Permitting for Emergency Generator Sets Transfer Switch Operation and Application Paralleling Solutions Generator Set Overcurrent Protection Power Ratings for Emergency Generator Sets Importance and Benefit of Selective Coordination To access the recorded webinars on-demand and download presentations, visit www.Cummins.com. Also, anyone can subscribe to receive PowerHour invitations. Power SuiteTM offers the following tools and resources: GenSizeTM - Sizing tool to optimize generator sizing and load profile recommendations GenCaICT°° - Tools to calculate a range of project parameters including ventilation, short circuit, exhaust pressure, remote cooling and fuel pipe sizing GenSpecTT° - Specification development tool to provide a sample specifications for North American and European based applications for Generator Set, ATS and Paralleling applications Tech Library - Technical catalog consisting of specification sheets, data sheets, and drawings for Generator sets, ATS, Remote Monitoring, Networking and Paralleling applications Accredited Continuing Education - Programs that offer educational seminars and webinars to grow your technology and fulfill your continuing professional development requirements 41 Describe any technological Cummins is a world leader in emissions technology, was the first to introduce micro- advances that your proposed processor based genset controls and it's ATS products have the highest interrupt ratings in products or services offer. the industry. Our sales and service personnel are trained and certified to ensure customers receive professional care. 42 Describe any "green" initiatives Cummins is committed to its Planet 2050 Zero Emissions Strategy. The following are 2030 that relate to your company or to goal to help achieve that strategy: your products or services, and include a list of the certifying Reduce absolute greenhouse gas (GHG) emissions from facilities and operations by 50%. agency for each. Reduce scope 3 absolute lifetime GHG emissions from newly sold products by 25%. Partner with customers to reduce scope 3 GHG emissions from products in the field by 55 million metric tons. Reduce volatile organic compounds emissions from paint and coating operations by 50%. Create a circular lifecycle plan for every part to use less, use better, use again. Generate 25% less waste in facilities and operations as percent of revenue. Reuse or responsibly recycle 100% of packaging plastics and eliminate single-use plastics in dining facilities, employee amenities and events. Reduce absolute water consumption in facilities and operations by 30%. 43 Identify any third-party issued eco- There are two key certifying entities that are important to our industry and our customers. labels, ratings or certifications that EPA and UL. All Cummins products are EPA certified for emissions compliance. All your company has received for products are also UL Listed and tested the equipment or products In addition, Cummins has been named one of the world's top 100 organizations innovating included in your Proposal related for a better environmental future based on a review of the company's "Green Patent to energy efficiency or Portfolio." conservation, life-cycle design The ranking in Sagacious IP's GREEN100 Index follows Cummins' record year for global (cradle-to-cradle), or other patents of all types in 2020. The company received 312 global patents that year, topping its green/sustainability factors. previous record of 287 reached in 2017. That's a nearly 9% improvement over Cummins' previous record and a more than 12% increase over 2019. Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 44 Describe any Women or Minority In concert with the Women's Business Enterprise National Council (WBENC), Cummins is Business Entity (WMBE), Small proud to be included on the 20th annual list of America's Top Corporations for Women's Business Entity (SBE), or veteran Business Enterprises (WBEs), the only national award honoring corporations for world-class owned business certifications that supplier diversity programs that reduce barriers and drive growth for women-owned your company or hub partners businesses. As the only national award honoring corporations who choose to incorporate have obtained. Upload policies and programs to enable growth and reduce barriers for women-owned businesses, documentation of certification (as Cummins is committed to increasing opportunity in markets both domestically and applicable) in the document internationally, fueling innovation and empowering communities through economic growth and upload section of your response. job creation. WBENC is the largest third-party certifier of businesses owned, controlled, and operated by women in the United States. 45 What unique attributes does your Cummins is a well known supplier to most Sourcewell members. Cummins is unique in company, your products, or your that it owns its North American distributors. Which means members are dealing with services offer to Sourcewell Cummins Inc and not a 3rd party dealer or LLC. This gives Cummins direct control over participating entities? What makes is sales and service organizations. We feel this is a tremendous advantage to Sourcewell your proposed solutions unique in members your industry as it applies to Sourcewell participating entities? Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify,claims procedure, and overall structure.You may upload representative samples of your warranty materials(if applicable) in the document upload section of your response in addition to responding to the questions below. Line` Question Response Item 46 Do your warranties cover all products, parts, and Cummins offers a 2 year comprehensive warranty. Additional coverage is labor? available past the 2 years 47 Do your warranties impose usage restrictions or None as long as the product is applied properly and routine maintenance is other limitations that adversely affect coverage? performed. It would exclude normal wear items such as belts, hoses, filters 48 Do your warranties cover the expense of Yes technicians' travel time and mileage to perform warranty repairs? 49 Are there any geographic regions of the United No States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 50 Will you cover warranty service for items made by Cummins covers any products supplied by us. If there happened to be 3rd other manufacturers that are part of your proposal, party supplier involved that would be handled internally by Cummins so that or are these warranties issues typically passed on end users would not be burdened by that issue to the original equipment manufacturer? 51 What are your proposed exchange and return Cummins does not exchange or accept returned products. In the rare case programs and policies? there is an issue, Cummins will fix in place or replace if the product is still under warranty. We can also provide assistance to facilitate used equipment sales or trade ins. 52 Describe any service contract options for the Cummins offers multiple Preventative Maintenance contract options. It really items included in your proposal. depends upon the application and/or customer requested service. Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Table 10: Payment Terms and Financing Options Line Question Response* Item 53 Describe your payment terms and accepted payment Net 30 days. Standard commercial purchase order and invoice methods. 54 Describe any leasing or financing options available for use None at this time by educational or governmental entities. 55 Describe any standard transaction documents that you We would provide a commercial quotation in accordance with propose to use in connection with an awarded contract Sourcewell contract terms. If requested we could also provide a (order forms, terms and conditions, service level Preventative Maintenance agreement based upon customer agreements, etc.). Upload a sample of each (as application/needs applicable) in the document upload section of your response. 56 Do you accept the P-card procurement and payment Yes, we accept P-card and there is no fee. process? If so, is there any additional cost to Sourcewell participating entities for using this process? Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form. Line Question Response* Item 57 Describe your pricing model (e.g., line-item discounts or Cummins has eliminated MSRP and List pricing for Commercial product-category discounts). Provide detailed pricing data products. What we propose is a cost plus fixed mark-up on all (including standard or list pricing and the Sourcewell Cummins content. In essence, instead of going from MSRP with a discounted price) on all of the items that you want discount to achieve a target margin. We go from cost to achieve Sourcewell to consider as part of your RFP response. If the target margin. applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. 58 Quantify the pricing discount represented by the pricing Cummins will offer a member price that is approx 6% below Fair proposal in this response. For example, if the pricing in Market Value. The sales person will be allowed to go lower than your response represents a percentage discount from that price if required. MSRP or list, state the percentage or percentage range. 59 Describe any quantity or volume discounts or rebate None. Most transactions are one-off product or project „. programs that you offer. 60 Propose a method of facilitating "sourced" products or All Cummins pricing is based upon a target margin from cost (cost related services, which may be referred to as "open plus). We would maintain that target margin on all Cummins market' items or "nonstandard options". For example, you content. We would also offer discounts on any service requested. : may supply such items "at cost' or "at cost plus a percentage," or you may supply a quote for each such request. 61 Identify any element of the total cost of acquisition that is Our quotation would include all required items, less installation, that NOT included in the pricing submitted with your response, are required to fulfill the project requirements. Itemized pricing is This includes all additional charges associated with a available so that all product and services quoted are accounted for purchase that are not directly identified as freight or and open for review/discussion. shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 62 If freight, delivery, or shipping is an additional cost to the Cummins quote if based upon FOB factory with Freight allowed to Sourcewell participating entity, describe in detail the first point of destination in the contiguous 48 states. There may be * complete freight, shipping, and delivery program. potential freight charges on 3rd party content, if required. 63 Specifically describe freight, shipping, and delivery terms or Freight is allowed to the first destination in the contiguous 48 programs available for Alaska, Hawaii, Canada, or any states. There would be additional cost for any offshore deliveries. offshore delivery. We could coordinate shipment or the customer could use their own * freight forwarder. There would be no freight charge to the first port in the contiguous US. 64 Describe any unique distribution and/or delivery methods or While none are offered in the proposal, we do have freight options * options offered in your proposal. for additional cost. Dedicated truck, tandem drivers, etc Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Table 12: Pricing Offered Line Lem The Pricing Offered in this Proposal:is: Comments 65 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing Sourcewell members would departments. receive approx 6% lower prices than Fair market value Table 13:Audit and Administrative Fee Line Question Response* Item 66 Specifically describe any self-audit process or program that you All projects are logged into the Cummins CRM software tool plan to employ to verify compliance with your proposed Contract (Salesforce). This tool tracks from inquiry to won/loss to with Sourcewell. This process includes ensuring that Sourcewell internal project status and finally won project closed. Project participating entities obtain the proper pricing, that the Vendor status "closed" is the primary sort and this determines the reports all sales under the Contract each quarter, and that the total quarterly sales to members. That sales total (closed in Vendor remits the proper administrative fee to Sourcewell. Provide the quarter) is what is used to calculate the Sourcewell fee. sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. 67 If you are awarded a contract, provide a few examples of internal Please see CRM Sourcewell Report. Quarterly sales are metrics that will be tracked to measure whether you are having tracked in the CRM. These includes the number of open success with the contract. opportunities, projects won, projects lost, projects closed. 68 Identify a proposed administrative fee that you will pay to 1.5% of whole goods sales Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response* Item 69 Provide a detailed description of the All commercial generator products diesel and natural gas/propane from 10kw to equipment, products, and services that you 3.5MW. and Automatic Transfer Switches (ATS) 40 amps to 4000 amps. These are offering in your proposal. are shown by model # on the pricing sheets 70 Within this RFP category there may be Sub categories are parts, accessories, Eng-to-Order solutions. See price sheets subcategories of solutions. List subcategory titles that best describe your products and services. Table 14D: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided,as necessary. Line Category or Type Offered'* Comments 71 Stationary electrical generation systems, backup or r Yes Product range is 10-3.5mw standby generator sets, mobile and ground power r No units, and trailer mounted generators 72 Parts and accessories, including enclosures, fuel r: Yes All standard options in our offering tanks, automatic transfer switches, paralleling r No equipment, switch gears, connection boxes, controls, alarm modules, batteries, block heaters, and networking tools 73 Related services, including design, customization, r: Yes Cummins is not in the rental business, however, engineering, commissioning, installation, delivery, r No we do sell rental products. maintenance, repair, training and operation, service and maintenance agreements, decommissioning and repurposing, custom shop work, and rental services Sid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions t:o 1`errns,Condi'dons,our Spedfications that have been accepted by S ourceweH have been incorporated into the contract text„ Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password,as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s)are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file. If the zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to. For example,if responding to the Marketing Plan category save the document as"Marketing Plan." • Pricin -Sourcewell final pricing submission.pdf-Tuesday September 20, 2022 11:21:31 • Financial Strength and Stability-2022-02-03_Cummins_Reports_Fourth_Quarter_and_Full_Year_2021®546(1).pdf-Monday August 08,2022 09:02:52 • Marketing_Plan/Samples-Sourcewell GPO Training.pdf-Tuesday September 20,2022 13:04:49 • WMBE/MBE/SBE or Related Certificates-Awards.PNG-Monday August 29,2022 15:02:03 • Warrantv Information-Warranty-Commercial Generators.pdf-Monday August 29,2022 14:49:07 • Standard Transaction Document Sam Imes - Sample - Sourcewell Project Tracking .xlsx-Thursday September 22, 2022 08:51:01 • Upload Additional Document - PowerSuite and Power Hour- On line tech training and documentation.pdf- Thursday September 08,2022 10:41:06 Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 Addenda,Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name,and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company,or parties that have or will submit a proposal under this solicitation;and the Proposal has in all respects been created fairly without any fraud or dishonesty.The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation.Additionally,if Proposer has worked with a consultant on the Proposal,the consultant(an individual or a company)has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal,there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract,the Proposer will provide to Sourcewell Participating Entities the equipment, products,and services in accordance with the terms,conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products,or services, all applicable licenses or certifications necessary to deliver such equipment, products,or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders,or means that are acceptable to Sourcewell Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591,subdivision 4,all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents,and subcontractors are not: 1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:bttpsJ/ .treasur . ov/ofac/downloads/sdnlist,.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: hftps://sam.czov/SAM/;or 3. Presently debarred,suspended, proposed for debarment, declared ineligible,or voluntarily excluded from programs operated Bid Number: RFP 092222 Vendor Name: Cummins Inc. DocuSign Envelope ID:AB4A7D23-45D6-4C40-934E-2D084C65EBC0 by the State of Minnesota;the United States federal government or the Canadian government, as applicable;or any Participating Entity.Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. rw By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect,validity,and enforceability as if had hand signed the Proposal. This signature will not be denied such legal effect,validity,or enforceability solely because an electronic signature or electronic record was used in its formation. - Kirk Adams, Sr.Account Executive—National Accounts, Cummins Inc. (dba Cummins Sales and Service North America) The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission,and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. I l°crave reviewed the File Name below addendum and Pages attachment's(H' applicable) Addendum 4 Electrical_Energy_Power_Generation_Equipment_RFP_092222 1 Fri September 9 2022 09:10 AM Addendum-3 Electrical Energy_Power_Generation_Equipment_RFP_092222 r 1 Tue September 6 2022 02:37 PM Addendum_2_Electrical_Energy_Power_Generation_Equipment_RFP_092222 r 1 Wed August 31 2022 07:52 AM Addendum 1_Electrical_Energy_Power_Generation_Equipment_RFP_092222 Ire1 Wed August 10 2022 11:35 AM Bid Number: RFP 092222 Vendor Name: Cummins Inc. Notes and(Exclusions:Standard Commercial Generator 1. All prices quoted above are standard base genset models with radiator. Additional options available to meet AHJ or regional specifications. 2. All KW ratings indicated in price sheet are standby ratings. 3. Additional Cummins factory features and options will match target priced for base model. 4. Startup will be priced separately based on location and project specific requirements. 5. Any initial onsite emission testing that may be needed is not included in the above pricing. 6. Freight is included for Cummins product in the contiguous 48. However,additional freight charges may apply for 3rd party items. 7. Cummins is committed to introducing new models. Contact your National Account Executive 8. All products have been quoted at standard industry voltages(120V/240V)single phase. Additional voltages are available. 9. For Canadian customers-Please note all prices are listed in US dollars. 10. Please refer to Bank of Canada posted daily rates to calculate exchange rate to Canadian Dollar prices 11. Open market pricing will apply for non-cummins content Standard Commercial Generators Model# KW FUEL Emission PHASE Sourcewell Member C10D6 10KW DIESEL EPA Tier 4i 1 or 3 $ 10,679.50 C15D6 15KW DIESEL EPA Tier 4i 1 or 3 $ 10,090.68 C20D6 20KW DIESEL EPA Tier 4i 1 or 3 $ 11,950.31 C25D6 25KW DIESEL EPA Tier 3 1 or 3 $ 12,383.85 C30D6 30KW DIESEL EPA Tier 3 1 or 3 $ 12,424.84 C35D6 35KW DIESEL EPA Tier 3 1 or 3 $ 12,608.70 C40D6 40KW DIESEL EPA Tier 3 1 or 3 $ 12,982.61 C50136 50KW DIESEL EPA Tier 3 1 or 3 $ 13,315.53 C60136 50KW DIESEL EPA Tier 3 1 or 3 $ 14,414.91 C50D6C 60KW DIESEL EPA Tier 3 1 or 3 $ 15,218.63 C60D6C 60KW DIESEL EPA Tier 3 1 or 3 $ 16,448.45 C801)6C 80KW DIESEL EPA Tier 3 1 or 3 $ 17,777.64 C100D6C 100KW DIESEL EPA Tier 3 1 or 3 $ 20,759.01 C125D6C 125KW DIESEL EPA Tier 3 1 or 3 $ 21,539.13 C1251361) 125KW DIESEL EPA Tier 3 1 or 3 $ 23,914.29 C150D6D 150KW DIESEL EPA Tier 3 1 or 3 $ 29,638.51 C175D6D 175KW DIESEL EPA Tier 3 1 or 3 $ 32,457.14 C200D6D 200KW DIESEL EPA Tier 3 1 or 3 $ 33,121.74 230DSHAD 200KW DIESEL EPA Tier 3 1 or 3 $ 39,529.19 250DQDAA 250KW DIESEL EPA Tier 3 3 $ 42,223.60 275DQDAB 275KW DIESEL EPA Tier 3 3 $ 40,406.21 300DQDAC 300KW DIESEL EPA Tier 3 3 $ 47,180.12 400DFEJ 400KW DIESEL EPA Tier 2 2 $ 63,171.43 500DFEK 500KW DIESEL EPA Tier 2 2 $ 66,345.34 600DQCA 600KW DIESEL EPA Tier 2 2 $ 98,337.89 750DQCB 750KW DIESEL EPA Tier 2 3 $ 119,874.53 800DQCC 80OKW DIESEL EPA Tier 2 3 $ 129,032.30 900DQFAC 90OKW DIESEL EPA Tier 2 3 $ 172,911.80 1000DQFAD 1000KW DIESEL EPA Tier 2 3 $ 166,429.81 The units below require applicaton,code,and 3rd party considerations. Please contact National Account Mgr for pricing and delivery C1250D6E 1250kW DIESEL EPA Tier 2 3 $ 223,608.87 C1500D6E 1500kW DIESEL EPA Tier 2 3 $ 255,651.79 1750 DQKAA 1750KW DIESEL EPA Tier 2 3 $ 305,223.60 1750DQKAD 175OKW DIESEL EPA Tier 2 3 $ 368,708.07 2000 DQKAB 20OKW DIESEL EPA Tier 2 3 $ 354,083.23 2000DQKAE 2000KW DIESEL EPA Tier 2 3 $ 364,598.76 2250 DQKAF 2250KW DIESEL EPA Tier 2 3 $ 446,488.20 2500 DQKAN 250OKW DIESEL EPA Tier 2 3 $ 503,040.99 2500DQLE 250OKW DIESEL EPA Tier 2 3 $ 575,817.39 2750DQLF 2750KW DIESEL EPA Tier 2 3 $ 634,439.75 C3000 D6E 3000kKW DIESEL EPA Tier 2 3 $ 765,166.46 C3250 D6E 3250KW DIESEL EPA Tier 2 3 $ 801,009.94 Stby Gas 20KW NG/ 1 or 3 C20N6 Propane EPA $ 7,874.53 25KW NG/ 1 or 3 C25N6 Propane EPA $ 8,218.63 30KW NG/ 1 or 3 C30N6 Propane EPA $ 8,749.07 36KW NG/ 1 or 3 C36N6 Propane EPA $ 10,935.40 40KW NG/ 1 or 3 C40N6 Propane EPA $ 11,782.61 45KW NG/ 1 or 3 C45N6 Propane EPA $ 13,094.41 50KW NG/ EPA 1 or 3 C50N6 Propane $ 14,306.83 60KW NG/ 1 or 3 C60N6 Propane EPA $ 15,709.32 70KW NG/ 1 or 3 C70N6 Propane EPA $ 17,351.55 80KW NG/ 1 or 3 C80N6 Propane EPA $ 19,037.27 100KW NG/ 1 or 3 C100N6 Propane EPA $ 21,418.63 125kw NG/ EPA 1 or 3 C125N6 Propane $ 26,667.08 150kw NG/ EPA 1 or 3 C150N6 Propane $ 31,176.40 175kW NG/ 1 or 3 C175N6B Propane EPA $ 43,722.98 200kW NG/ 1 or 3 C200N6B Propane EPA $ 53,043.48 200kW NG/ 1 or 3 C200N6 Propane EPA $ 79,718.01 250kW NG/ EPA 1 or 3 C2501\16 Propane $ 95,526.71 300kW NG/ 1 or 3 C300N6 Propane EPA $ 105,455.90 350kW NG/ EPA 1 or 3 C3501\16 Propane $ 137,711.80 400kW NG/ EPA 1 or 3 C4001\16 Propane $ 166,096.89 450kW NG/ EPA 1 or 3 C4501\16 Propane $ 179,670.81 500kW NG/ 1 or 3 C500N6B Propane EPA $ 191,927.95 550kW NG/ 1 or 3 C550N6 Propane EPA $ 233,298.14 600kW NG/ EPA 1 or 3 C6001\16 Propane $ 284,433.54 650kW NG/ EPA 1 or 3 C6501\16 Propane $ 289,122.98 750kW NG/ 1 or 3 C750N6 Propane EPA $ 319,086.96 1000kW NG/ EPA 1 or 3 C1000N6B Propane $ 398,134.16 1300kW NG/ EPA 1 or 3 C1300N6 Propane $ 407,298.14 Additional l NG units available upon request. Contact National Account Mgr for pricing and delivery Rental Pwr C70D2RE 70KW Diesel EPA T417 3 $ 70,416.15 C100D2RE 100KW Diesel EPA T4F 3 $ 80,626.09 C150D2RE 150KW Diesel EPA T4F 3 $ 99,122.98 C200D2RE 200KW Diesel EPA T4F 3 $ 118,982.61 C275D2RE 275KW Diesel EPA T4F 3 $ 152,759.01 C500D6RE 500KW Diesel EPA T4F 3 $ 270,316.77 C1000D6RE 1000kW Diesel EPA T4F 3 $ 635,517.50 Due to the high 3rd party content and long lead time-Please contact National Account Mgr for for Sourcewell Pricing and delivery Automatic Transfer Switches(ATS) Notes and Exclusions All prices quoted above are standard base models; 3pole with NEMA1 cabinet. options available to include NEMA3R,4 pole, closed transfer mode,etc.for additional pricing. Startup will be priced separately based on location and project specific requirements. Freight is FOB jobsite,freight allowed in the contiguous 48. Model# Amp Enclosure Listing Pole OTECA 40 Nema 1 UL-1008 3 $ 1,734 OTECA 70 Nema 1 UL-1008 3 $ 1,783 OTECA 125 Nema 1 UL-1008 3 $ 1,812 OTECB 150 Nema 1 UL-1008 3 $ 1,975 OTECB 225 Nema 1 UL-1008 3 $ 2,601 OTECB 260 Nema 1 UL-1008 3 $ 2,793 OTECC 300 Nema 1 UL-1008 3 $ 3,123 OTECC 400 Nema 1 UL-1008 3 $ 3,340 OTECC 600 Nema 1 UL-1008 3 $ 5,964 OTECD 800 Nema 1 UL-1008 3 $ 7,424 OTECD 1000 Nema 1 UL-1008 3 $ 10,860 OTECE 1200 Nema 1 UL-1008 3 $ 11,119 OTEC SE A 40 Nema 1 UL-1008 3 $ 4,502 OTEC SE A 70 Nema 1 UL-1008 3 $ 4,211 OTEC SE A 100 Nema 1 UL-1008 3 $ 4,229 OTEC SE A 125 Nema 1 UL-1008 3 $ 4,246 OTEC SE B 150 Nema 1 UL-1008 3 $ 4,616 OTEC SE B 200 Nema 1 UL-1008 3 $ 5,521 OTEC SE B 225 Nema 1 UL-1008 3 $ 5,975 OTEC SE B 250 Nema 1 UL-1008 3 $ 6,752 OTEC SE C 300 Nema 1 UL-1008 3 $ 6,436 OTEC SE C 400 Nema 1 UL-1008 3 $ 6,927 OTEC SE C 600 Nema 1 UL-1008 3 $ 9,371 OTEC SE D 800 Nema 1 UL-1008 3 $ 12,661 OTEC SE D 1000 Nema 1 UL-1008 3 $ 14,480 High Interrup ATS X-Series CXSB 40 Nema 1 UL-1008 3 $ 5,706 CXSB 70 Nema 1 UL-1008 3 $ 5,407 CXSB 125 Nema 1 UL-1008 3 $ 5,522 CXSB 150 Nema 1 UL-1008 3 $ 5,611 CXSB 225 Nema 1 UL-1008 3 $ 6,396 CXSB 260 Nema 1 UL-1008 3 $ 6,779 CXSB 300 Nema 1 UL-1008 3 $ 7,704 CXSB 400 Nema 1 UL-1008 3 $ 8,017 CXTC 150 Nema 1 UL-1008 3 $ 7,124 CXTC 225 Nema 1 UL-1008 3 $ 7,340 CXTC 260 Nema 1 UL-1008 3 $ 7,722 CXTC 300 Nema 1 UL-1008 3 $ 8,648 CXTC 400 Nema 1 UL-1008 3 $ 9,358 CXTC 600 Nema 1 UL-1008 3 $ 10,388 CXTD 600 Nema 1 UL-1008 3 $ 10,601 CXTD 800 Nema 1 UL-1008 3 $ 12,793 CXRE 1000 Nema 1 UL-1008 3 $ 18,938 CXRE 1200 Nema 1 UL-1008 3 $ 19,361 CXRF 1200 Nema 1 UL-1008 3 $ 19,766 CXRF 1600 Nema 1 UL-1008 3 $ 21,963 CXRG 1600 Nema 1 UL-1008 3 $ 21,709 CXRG 2000 Nema 1 UL-1008 3 $ 24,123 CXRH 2600 Nema 1 UL-1008 3 $ 33,616 CXRH 3000 Nema 1 UL-1008 3 $ 37,352 Service Entrance Rated ATS CXSB SE 40 Nema 1 UL-1008 3 $ 6,135 CXSB SE 70 Nema 1 UL-1008 3 $ 7,550 CXSB SE 125 Nema 1 UL-1008 3 $ 7,870 CXSB SE 150 Nema 1 UL-1008 3 $ 8,729 CXSB SE 225 Nema 1 UL-1008 3 $ 10,709 CXSB SE 260 Nema 1 UL-1008 3 $ 11,181 CXSB SE 300 Nema 1 UL-1008 3 $ 11,829 CXSB SE 400 Nema 1 UL-1008 3 $ 13,066 CXTC SE 150 Nema 1 UL-1008 3 $ 8,878 CXTC SE 225 Nema 1 UL-1008 3 $ 9,663 CXTC SE 260 Nema 1 UL-1008 3 $ 10,045 CXTC SE 300 Nema 1 UL-1008 3 $ 10,974 CXTC SE 400 Nema 1 UL-1008 3 $ 12,694 CXTC SE 600 Nema 1 UL-1008 3 $ 12,711 CXTD SE 600 Nema 1 UL-1008 3 $ 16,291 CXTD SE 800 Nema 1 UL-1008 3 16,161 CXRE SE 1000 Nema 1 UL-1008 3 $ 24,211 CXRE SE 1200 Nema 1 UL-1008 3 $ 26,902 CXRF SE 1200 Nema 1 UL-1008 3 $ 27,262 CXRF SE 1600 Nema 1 UL-1008 3 $ 30,291 CXRG SE 1600 Nema 1 UL-1008 3 $ 30,314 CXRG SE 2000 Nema 1 UL-1008 3 $ 33,682 Bypass ATS BTPCB 150 Nema 1 UL-1008 3 $ 13,062 BTPCB 225 Nema 1 UL-1008 3 $ 13,632 BTPCB 260 Nema 1 UL-1008 3 $ 14,316 BTPCC 300 Nema 1 UL-1008 3 $ 16,412 BTPCC 400 Nema 1 UL-1008 3 $ 19,563 BTPCC 600 Nema 1 UL-1008 3 $ 24,248 BTPCD 800 Nema 1 UL-1008 3 $ 27,308 BTPCD 1000 Nema 1 UL-1008 3 $ 34,887 CBRF 1200 Nema 1 UL-1008 3 $ 61,985 CBRF 1600 Nema 1 UL-1008 3 $ 65,360 CBRG 1600 Nema 1 UL-1008 3 $ 69,225 CBRG 2000 Nema 1 UL-1008 3 $ 77,072 CBRH 2600 Nema 1 UL-1008 3 $ 97,516 CBRH 3000 Nema 1 UL-1008 3 $ 108,646 V Chargers H,E9819025-01-CSA 50kW DC Mob BAA 3M AC $ 43,814 H E9819025-01-CSS 50kW DC Mobile BAA 9M AC $ 44,346 HE9821001-01-CSS 180kW DC Nex Cab BAA $ 82,827 HE9820006-01-CSS DC Column IBAA 3M DC $ 15,474 HE9820006-01-CSA DC COW= BAA 7M DC $ 20,321 Portable Pumps CP1350D4/ TraHerized, tier 4, fully automatic CP1350D4E 1350 dry priming Contact Acct Mgr CP2600D4 Trailer zed, tier 4, fully automatic CP2600D4E 2600 dry priming Contact Acct Mgr Cummins Inc-Sourcewell Service& ET O Discount Percentage Field Service/Start 10%discount-off typical sale price up Installation support 10%discount-off typical sale price Member specific 5%discount-off typical sale price Training Custom Enclosure 10%discount-off typical sale price Field Technician 5%discount-off typical sale price Maintenance 5%discount-off typical sale price Engineer to Order 5%discount-off typical sale price ,products and I Conitact Information Supplier Contact Information To purchase off this contractor for questions regarding products and pricing, please contact: Jamie Ferguson, Account Manager, Government Sales Phone: 612-201-3468 Email: ia.mie.ferguson@cummins.com Sourcewell Contact Information For questions regarding contract documentation or the solicitation process, please contact: Scott Carr, Supplier Development Supervisor Phone: 218-895-4155 Email: scott.carr acsourcewell-mn.g�oV .................................................................- Courtney Mann, Supplier Development Specialist Phone: 218-541-5245 Email: courtney.mann,,a&,Lsource,�wyelili-mn.g-_ov MRH 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 Cummins, Inc. ("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 Sourcewell ("Cooperative Entity") and Vendor, Contract No. RFP #092222, as amended, (the "Agreement")with an expiration date of 11/22/2026.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://www.sourcewell-mn.gov/cooperative-purchasing/092222-cmm 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 Electrical Energy Power Generation Equipment W1 Parts,Supplies&Service 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 $306,500.00("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): I S`ingle Purchase Contract—The Term shall not exceed one (1) year, and this Customer Agreement shall be for the purchase of goods or se?rV<,c ,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. 0 Supply/As Needed Contract—The Term shall be effective as of October 1,11 and shall expire on September 3 01h at the end of FY 23-24.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 Customers current fiscal year for the applicable goods and services. El Multi-Year Contract—The Term shall be for one(1)year(s)expiring on 11.30.2023.This Customer Agreement may be renewed for one more (1).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 rnUSt 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) E 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. Limitation of Liability.NOTWITHSTANDING ANY OTHER TERM OF THIS CUSTOMER AGREEMENT,IN NO EVENT SHALL EITHER PARTY,ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY,WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY(INCLUDING,WITHOUT LIMITATION, STRICT LIABILITY,OR NEGLIGENCE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY,DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY),OR IN ANY WAY RELATED TO OR ARISING FROM VENDOR'S SUPPLY OF EQUIPMENT UNDER THIS CUSTOMER AGREEMENT OR THE USE OR PERFORMANCE OF EQUIPMENT SUPPLIED UNDER THIS CUSTOMER AGREEMENT. EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,AND TO THE EXTENT PERMITTED BY APPLICABLE LAW,IN NO EVENT SHALL VENDOR'S TOTAL CUMULATIVE LIABILITY TO AUTHORIZED CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH AUTHORIZED CUSTOMER OR ON AUTHORIZED CUSTOMER'S BEHALF UNDER THIS CUSTOMER AGREEMENT,EXCEED THE TOTAL COMPENSATION DUE VENDOR UNDER THIS CUSTOMER AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS CUSTOMER AGREEMENT,AUTHORIZED CUSTOMER ACKNOWLEDGES AUTHORIZED CUSTOMER'S SOLE REMEDY AGAINST VENDOR FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. NRH Cooperative Purchase Customer Agreement,Page 1 of 2 CA-CONTRACT NO. PUR000220220107 Vendor Name: 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 20 [Signature Page Follows] NRH Cooperative Purchase Customer Agreement,Page 2 of 2 CA-CONTRACT NO.PUR000220220107 Vendor Name: ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: Cummjv,Inc.: r•�y&"t 6'6 APPROVED: I certify that funds are currently available By: for this purchase. Name:Henry 7gb o 0 (Check the box if$3,000 or less) Title:Sales Manager M911111y 19..d by S,..tt Date: By: Scott Kend.211 9/28/2023 ....................................................................... .... Scott Kendall,rurdl�'Ring Manager Department Director: By: Printed Name: Department: APPROVED: By: ............... .—............................................ Date: Mar k 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 is J N I I 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 3 of 2 CA-CONTRACT NO.PUR000220220107 Vendor Name: Project North Richland Hills Mobile Generators C Sales �� Quotmton: C-188258�023O8D3��147 Service August 12. 2O23 Prepared by Matthew Bole (468)800'5364 matthow.bo|e@cummina.rom VVe are pleased to provide you this quotation based on your inquiry. Item Description Qty U.S. EPA, Nonroad (Portable)Application Install-US-Nonroad Al 22-2 Duty Rating-Prime Power(PRP) C281-2 UN31A Certified Fuel Tank L230-2 Emissions-Compliance EPA Tier 4 Final Certified Paralleling with MLD KX06-2 Distribution Panel-Rental Bus Bar Connection A452-2 Packaging-Cummins Power Generation Prime 3 Years/3000 hours A456-2 Battery Charger-Rental F248-2 Cam Lock Distribution Panel-U.S. Rental J062-2 Harness, Paralleling L231-2 Auxiliary DEF Connections F239-2 Electric Brake Trailer Adder: 0 If a remote monitoring Acumen device is needed, please Add $3,500 to above total. Quote value does not include any tax. NOTES: ^ Current Submittal Lead Time: 2weeka ~ Current Production Lead Time(after receipt of approved submittal and accepted PO): ^ Generator: 15-28vvmeko ` Pmpoou| based upon supplied Email Exchange only. ~ Price quoted is F.O.B. factory with freight allowed tn the first U.S. destination. ~ Price does not include any applicable taxes unless listed above. ~ All ship loose items installed byothers. ` Unloading, installation, and fuel are not included and will be the responsibility of others. ^ marmen�� 'Cummina3-yeerwarranty begins a u successful i at completion of startup and testing in lieu of acceptance or substantial completion. ^ Startup&Training: Ouotat|on: O-18O258-2023O8O3-2|47 Pn��ct' NodhF�oh|andHiUeKdmbi|eGenoratona Sales �� � ��� Quotation: O-18O258-2O23O8O3-2147 C~ Service ^ Providing Cummins standard startup and the specific testing listed above only.All other testing including NETA testing ia provided byothers. ~ Our proposal includes O trips during normal business hours 10 complete the onoi1e services listed above. If additional trips or after-hours trips are required, additional cost will be incurred. ^ Training for maintenance personnel will be concurrent at time of startup unless otherwise noted. ~ No videotaping im included with this quotation. All taping iasupplied by others. ~ PMA: Generator Maintenance Agreement is not included and will be negotiated directly with the owner once equipment has been successfully started up and tested. ^ NOTICE:As a result of the outbreaks of the disease COVID-19 arising from the novel coronavirus, temporary delays/n delivery labor, or services from Cummins and its sub-suppliers or subcontractors may occur Among other factors, Cummins'delivety is subject to correct and punctual supply from our sub-suppliers or subcontractors, and Cummins reserves the right h»make partial deliveries or modify its labor orservice. While Cummins shall make every commercially reasonable effort to meet the delivery, service, or completion described herein, such date(s)is(are)subject to change. Please feel free to contact me if you require any additional information-, or if you have any further questions or concerns that I may be of assistance with. Thank you for choosing Cummins. Submitted by: Matthew Bole,Commercial Power Generation Sales Representative SUBMITTALS.An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will riot be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall constitute acceptance of the terms and conditions of this quotation unless the parties otherwise agree in writing. THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ATTACHED TO THIS QUOTATION, INCLUDING LIMITATIONS OF WARRANTIES AND LIABILITIES,WHICH ARE EXPRESSLY INCORPORATED HEREIN. BY ACCEPTING THIS QUOTATION, CUSTOMER ACKNOWLEDGES THAT THE CONTRACT TERMS AND CONDITIONS HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED. Authorized Signature Date Company Name Printed Narne&Title Purchase Order No Quototion: O'1D8258-2O23O8O3-2147 Project: North Richland Hills Mobile Generators Sales and Quotation: Q-186258-20230803-2147 Service <Rest of the page is intentionally left blank> Quotation: Q-186258-20230803-2147 Project: North Richland Hills Mobile Generators Sales and Quotation: Q-186258-20230803-2147 Service TERMS AND CONDITIONS FOR SALE OF POWER GENERATION EQUIPMENT These Terms and Conditions for Sale of Power Generation Equipment,together with the quote("Quote"),sales order("Sales Order"), and/or credit application("Credit Application")on the front side or attached hereto,are hereinafter collectively referred to as this "Agreement"and shall constitute the entire agreement between the customer identified in the Quote("Customer")and Cummins Inc. ("Cummins")and supersede any previous representation,statements,agreements or understanding(oral or written)between the parties with respect to the subject matter of this Agreement.Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions and it shall become a binding agreement between the parties on the earliest of the following to occur:(i) Cummins'receipt of Customer's purchase order or purchase order number;(ii)Customer's signing or acknowledgment of this Agreement;(iii)Cummins'release of equipment to production pursuant to Customer's oral or written instruction or direction;(iv) Customer's payment of any amounts due to Cummins;or(v)any other event constituting acceptance under applicable law.No prior inconsistent course of dealing,course of performance,or usage of trade,if any,constitutes a waiver of,or serves to explain or interpret, the Terms and Conditions set forth in this Agreement.Electronic transactions s between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement,and any terms and conditions on Customer's website or other internet site will be null and void and of no legal effect on Cummins.In the event Customer delivers,references,incorporates by reference,or produces any purchase order or document,specifications,agreement(whether upstream or otherwise),or any other terms and conditions related thereto,then such specifications,terms,document,or other agreement:(i)shall be null and void and of no legal effect on Cummins, and(ii)this Agreement shall remain the governing terms of the transaction. 1.SCOPE.Cummins shall supply power generation equipment and any related parts,materials and/or services expressly identified in this Agreement(collectively,"Equipment").No additional services,parts or materials are included in this Agreement unless mutually agreed upon by the parties in writing.A Sales Order for Equipment is accepted on a hold for release basis.The Sales Order will not be released and scheduled for production until written approval to proceed is received from Customer.A Quote is limited to the plans and specifications section specifically referenced in the Quote.No other sections shall apply.Additional requirements for administrative items may require additional costs.The Quote does not include off unit wiring,off unit plumbing,offloading,rigging,installation, exhaust insulation or fuel,unless otherwise stated and mutually agreed to in writing by the parties.Unless otherwise agreed by Cummins in writing,this Quote is valid for a maximum period of thirty(30)days from the date appearing oil the first page of this Quote("Quote Validation Period").At the end of the Quote Validation Period,this Quote will automatically expire unless accepted by Custorner prior to the end of the Quote Validation Period.The foregoing notwithstanding,in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract,and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance. 2.SHIPPING;DELIVERY;DELAYS.Unless otherwise agreed in writing by the parties,Equipment shall be delivered FOB origin, freight prepaid to first destination.For consumer and mobile products,freight will be charged to*Customer.Unless otherwise agreed to in writing by the parties,packaging method,shipping documents and manner,route and carrier and delivery shall be as Cummins deems appropriate.Cummins may deliver in installments.A reasonable storage fee,as determined in Cummins'sole discretion,may be assessed if delivery of the Equipment is delayed,deferred,or refused by Customer.In the event Customer fails to take any or all shipments of Equipment ordered hereunder within thirty(30)days of the agreed upon delivery date,Cummins shall have the right,in its sole discretion to either(i)charge a minimum storage fee in the amount of one and one-half percent(l.S%)per month of the total quoted amount;or(ii)consider the Equipment abandoned and,subject to local laws,may(a)make the Equipment available for auction or sale to other customers or the public,or(b)otherwise use,destroy,or recycle the Equipment at Customer's sole cost and expense. The foregoing remedies shall be without prejudice to Cummins'right to pursue other remedies available under the law,including without limitation,recovery of costs and/or losses incurred due to the storage,auction,sale,destruction,recycling,or otherwise of the Equipment.Offloading,handling,and placement of Equipment and crane services are the responsibility of Customer and not included unless otherwise stated.All shipments are rnade within normal business hours,Monday through Friday.Any delivery,shipping, installation,or performance dates indicated in this Agreement are estimated and not guaranteed.Further,delivery time is subject to confirmation at time of order and will be in effect after engineering drawings have been approved for production.Cummins shall use commercially reasonable efforts to meet estimated dates,but shall not be liable to customer or any third party for any delay in delivery,shipping,installation,or performance,however occasioned,including any delays in performance that result directly or indirectly from acts of Customer or any unforeseen event,circumstance,or condition beyond Cummins'reasonable control including, but not limited to,acts of God,actions by any government authority,civil strife,fires,floods,windstorms,explosions,riots,natural disasters,embargos,wars,strikes or other labor disturbances,civil commotion,terrorism,sabotage,late delivery by Cummins' suppliers,fuel or other energy shortages,or an inability to obtain necessary labor,materials,supplies,equipment or manufacturing facilities.AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY,LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR.AMONG OTHER FACTORS, CUMMINS'DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS,AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MEET THE DELIVERY,SERVICE OR COMPLETION Quotation: Q-186258-20230803-2147 Project: North Richland Hills Mobile Generators Sales and Quotation: Q-186258-20230803-2147 Service OBLIGATIONS SET FORTH HEREIN,SUCH DATES ARE SUBJECT TO CHANGE.IN THE EVENT DELIVERY,SHIPPING,INSTALLATION, OR PERFORMANCE IS DELAYED,HOWEVER OCCASSIONED,DUE TO EVENTS BEYOND CUNIMINS'REASONABLE CONTROL, THEN THE DATE OF DELIVERY,SHIPPING,INSTALLATION, OR PERFORMANCE FOR THE EQUIPMENT OR SERVICES SHALL BE EO UITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP. 3.PAYMENT TERMS;CREDIT;RETAINAGE.Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins,payments are due thirty(30)days from the date of the invoice.If Customer does not have approved credit with Cummins,as solely determined by Cummins,payments are due in advance or at the time of supply of the Equipment.If payment is not received when due,in addition to any rights Cummins may have at law,Cummins may charge Customer eighteen percent(18%)interest annually on late payments,or the maximum amount allowed by law.Customer agrees to pay Cummins'costs and expenses(including reasonable attorneys'fees)related to Cummins'enforcement and collection of unpaid invoices,or any other enforcement of this Agreement by Cummins.Retainage is not acceptable nor binding,unless required by statute or accepted and confirmed in writing by Cummins prior to shipment.If Customer fails to make any payments to Cummins when due and payable,and such failure continues for more than sixty(60)days from the date of the invoice,or less if required by applicable law,then Cummins rilay,at Cummins'sole discretion and without prejudice to any other rights or remedies,either(i)terminate this Agreement;or(ii)postpone delivery of any undelivered Equipment in Cummins'possession and/or Suspend its services until payment for unpaid invoices is received. 4.TAXES;EXEMPTIONS.Unless otherwise stated,the Quote excludes all applicable local,state and federal sales and/or use taxes, permits and licensing.Customer must provide a valid resale or exemption certificate prior to shipment of Equipment or applicable taxes will be added to the invoice. S.TITLE;RISK OF LOSS.Unless otherwise agreed in writing by the parties,title and risk of loss for the Equipment shall pass to Customer upon delivery of the Equipment by Cummins to freight carrier or to Customer at pickup at Cummins'facility, 6.INSPECTION AND ACCEPTANCE.Customer shall inspect the Equipment upon delivery,before offloading,for damage,defects,and shortage.Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading.Where Equipment is alleged to be non-conforming or defective,written notice of defect must be given to Cummins within three(3)days from date of delivery after which time Equipment shall be deemed accepted. Cummins shall have a commercially reasonable period of time in which to correct such non-conformity or defect.If non-conformity or defect is not eliminated to Customer's reasonable satisfaction,Customer may reject the Equipment(but shall protect the Equipment until returned to Cummins)or allow Cummins another opportunity to undertake corrective action.In the event startup of the Equipment is included in the services,acceptance shall be deemed to have occurred upon successful startup. 7.LIEN;SECURITY AGREEMENT.Customer agrees that Cummins retains all statutory lien rights.To secure payment,Customer grants Cummins a Purchase Money Security Interest in the Equipment.If any portion of the balance is due to be paid following delivery,Customer agrees to execute and deliver such security agreement,financing statements,deed of trust and such other documents as Cummins may request from time to time in order to permit Cummins to obtain and maintain a perfected security interest in the Equipment;or in the alternative,Customer grants Cummins a power of attorney to execute and file all financing statements and other documents needed to perfect this security interest.Cummins may record this Agreement,hearing Customer's signature,or copy of this Agreement in lieu of a UCC-1,provided that it shall not constitute an admission by Cummins of the applicability or non-applicability of the UCC nor shall the failure to file this form or a UCC-I in any way affect,alter,or invalidate any term,provision,obligation or liability under this Agreement.The security interest shall be superseded if Customer and Cummins enter into a separate security agreement for the Equipment.Prior to full payment of the balance due,Equipment will be kept at Customer's location noted in this Agreement,will not be moved without prior notice to Cummins,and is subject to inspection by Cummins at all reasonable times. 05.01.2023 8.CANCELLATION;CHARGES.Orders placed with and accepted by Cummins may not be cancelled except with Cummins'prior written consent.If Customer seeks to cancel all or a portion of an order placed pursuant to this Agreement,and Cun-irnins accepts such cancellation in whole or in part,Customer shall be assessed cancellation charges as follows:(i) 10%of total order price if cancellation is received in Cummins'office after Cummins has provided submittals and prior to releasing equipment to be manufactured;(ii)25%of total order price if cancellation is received in Cummins'office after receipt Of Submittal release to order,receipt of a purchase order for a generator already on order with the factory,or is asked to make any hardware changes to the equipment already on order with the factory;(iii)50%of total order price if cancellation is received in Cummins'office sixty(60)or fewer days before the scheduled shipping date on the order;or(iv) 100%of total order price if cancellation is received in Cummins'office after the equipment has shipped from the manufacturing plant. 9.TERMINATION.Cummins may,at any time,terminate this Agreement for convenience upon sixty(60)days'written notice to Customer.If the Customer defaults by(i)breaching any term of this Agreement,(ii)becoming insolvent or declared bankrupt,or(iii) making an assignment for the benefit of creditors,Cummins may,upon written notice to Customer,immediately terminate this Agreement.Upon such termination for default,Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer,and Customer shall pay Cummins for any Equipment or services supplied under Quotation: Q-186258-20230803-2147 Project: North Richland Hills Mobile Generators Cid Sales and Quotation: Q-186258-20230803-2147 . Service this Agreement,in accordance with the payment terms detailed in Section 3.If a notice of termination for default has been issued and is later determined,for any reason,that the Customer was not in default,the rights and obligations of the parties shall treat the termination as a termination for convenience. 10.MANUALS.Unless otherwise stated,electronic submittals and electronic operation and maintenance manuals will be provided, and print copies may be available upon Customer's request at an additional cost. 11.TRAINING;START UP SERVICES;INSTALLATION.Startup services,load batik testing,and owner training are not provided unless otherwise stated.Site startup will be subject to the account being current and will be performed during regular Cummins business hours,Monday to Friday.Additional charges may be added for work requested to be done outside standard business hours,on weekends,or holidays.One visit is allowed unless specified otherwise in the Quote.A minimum of two-week prior notice is required to schedule site startups and will be subject to prior commitments and equipment and travel availability.A signed site check sheet confirming readiness will be required,and Cummins personnel may perform an installation audit prior to the startup being completed. Any issues identified by the installation audit shall be corrected at the Customer's expense prior to the start-up.Portable load banks for site test(if offered in the Quote)are equipped with only 100 feet of cable.Additional lengths may be arranged at an extra cost. Cummins is not responsible for any labor or materials charged by others associated with start-up and installation of Equipment,unless previously agreed upon in writing.Supply of fuel for start-up and/or testing,fill-Lip of tank after start up,or change of oil is not included unless specified in the Quote.All installation/execution work at the site including,but not limited to: civil,mechanical, electrical,supply of wall thimbles,exhaust extension pipe,elbows,hangers,expansion joints,insulation and cladding materials, fuel/oil/cooling system piping,air ducts,and louvers/dampers is not included unless specified in the Quote.When an enclosure or sub- base fuel tank(or both)are supplied,the openings provided for power cable and fuel piping entries,commonly referred to as"stub- ups",must be sealed at the site by others before commissioning.All applications,inspections and/or approvals by authorities are to be arranged by Customer. 12.MANUFACTURER'S WARRANTY.Equipment purchased hereunder is accompanied by an express written manufacturer's warranty("Warranty")and,except as expressly provided in this Agreement,is the only warranty offered on the Equipment.A copy of the Warranty is available upon request.While this Agreement and the Warranty are intended to be read and applied in conjunction, where this Agreement and the Warranty conflict,the terms of the Warranty shall prevail. 13.WARRANTY PROCEDURE.Prior to the expiration of the Warranty,Customer must give notice of a warrantable failure to Cummins and deliver the defective Equipment to a Cummins location or other location authorized and designated by Cummins to make the repairs during regular business hours.Cummins shall not be liable for towing charges,maintenance items Such as oil filters, belts,hoses,etc.,communication expenses,meals,lodging,and incidental expenses incurred by Customer or employees of Customer, "downtime"expenses,overtime expenses,cargo damages and any business costs and losses of revenue resulting from a warrantable failure. 14.LIMITATIONS ON WARRANTIES. THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT.EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT,AND TO THE EXTENT PERMITTED BY LAW,CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS,WARRANTIES,ENDORSEMENTS,AND CONDITIONS OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION,ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS,WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. The limited warranty does not cover Equipment failures resulting from:(a)inappropriate use relative to designated power rating;(b) inappropriate use relative to application guidelines;(c)inappropriate use of an EPA-SE application generator set relative to EPNs standards;(d)normal wear and tear;(e)improper and/or unauthorized installation;(f)negligence,accidents,or misuse;(g)lack of maintenance or unauthorized or improper repair;(h)noncompliance with any Cummins published guideline or policy;(i)use of improper or contaminated fuels,coolants,or lubricants;(j)improper storage before and after commissioning; (k)owner's delay in making Equipment available after notification of potential Equipment problem;(1)replacement parts and accessories not authorized by Cummins;(in)use of battle short mode;(n)owner or operator abuse or neglect such as:operation without adequate coolant,fuel,or lubricants;over fueling;over speeding;lack of maintenance to lubricating,fueling,cooling,or air intake systems;late servicing and maintenance;improper storage,starting,warm-up,running,or shutdown practices,or for progressive damage resulting from a defective shutdown or warning device;or(o)damage to parts,fixtures,housings,attachments and accessory items that are not part of the generating set. 15.INDEMNITY.Customer shall indemnify,defend and hold harmless Cummins from and against any and all claims,actions,costs, expenses,damages and liabilities,including reasonable attorneys'fees,brought against or incurred by Cummins related to or arising out of this Agreement or the Equipment supplied under this Agreement(collectively,the"Claims"),where such Claims were caused or contributed to by,in whole or in part,the acts,omissions,fault or negligence of the Customer.Customer shall present any Claims covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins'legal counsel at Customer's expense. Quotation: Q-186258-20230803-2147 Project: North Richland Hills Mobile Generators CSales and Quotation: Q-186258-20230803-2147 . Service 16.LIMITATION OF LIABILITY NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT,IN NO EVENT SHALL CUMMINS,ITS OFFICERS,DIRECTORS, EMPLOYEES,OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY,WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY(INCLUDING,WITHOUT LIMITATION,STRICT LIABILITY OR NEGLIGENCE),FOR ANY INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE,LIQUIDATED,OR CONSEQUENTIAL DAMAGES OF ANY KIND(INCLUDING WITHOUT LIMITATION DOWNTIME,LOSS OF PROFIT OR REVENUE,LOSS OF DATA,LOSS OF OPPORTUNITY,DAMAGE TO GOODWILL,ENHANCED DAMAGES,MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY),OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS'SUPPLY OF EQUIPMENT UNDER THIS AGREEMENT OR THE USE OR PERFORMANCE OF EQUIPMENT SUPPLIED UNDER THIS AGREEMENT.IN NO EVENT SHALL CUMMINS'LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF EQUIPMENT SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM.BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 17.DEFAULT;REMEDIES.Customer shall be in breach and default if: (a)any of the payments or amounts due under this Agreement are not paid;(b)Customer fails to comply,perform,or makes any misrepresentation relating to any of the Customer's obligations or covenants under this Agreement;or(c)prior to full payment of the balance due,Customer ceases to do business,becomes insolvent, makes an assignment for the benefit of its creditors,appoints a receiver,commences an action for dissolution or liquidation,or becomes subject to bankruptcy proceedings,or the Equipment is attached,levied upon,seized under legal process,is subjected to a lien or encumbrance,or transferred by operation of law or otherwise to anyone other than Cummins.Upon the occurrence of any event of Customer's default,Cummins,at its sole option and without notice,shall have the right to exercise concurrently or separately any one or all of the following remedies,which shall be cumulative and not alternative:(a)to declare all sums due,and to become due, under this Agreement immediately due and payable;(b)to commence legal proceedings,including collection actions and specific performance proceedings,to enforce performance by Customer of any and all provisions of this Agreement,and to be awarded damages or injunctive relief for the Customer's breach; (c)to require the Customer to deliver the Equipment to Curnmins''branch specified on the face of this Agreement;(d)to exercise one or more of the rights and remedies available to a secured party under applicable law;and(e)to enter,without notice or liability or legal process,onto any premises where the Equipment may be located, using force permitted by law,and there to disconnect,remove and repossess the Equipment,the Customer having waived further right to possession after default.A waiver of any event of default by Cummins shall not be a waiver as to any other or subsequent default. 18.CUSTOMER REPRESENTATIONS;RELIANCE.Customer is responsible for obtaining,at:its cost,permits,import licenses,and other consents in relation to the Equipment,and if requested by Cummins,Customer shall make these permits,licenses,and consents available to Cummins prior to shipment.Customer represents that it is familiar with the Equipment and understands operating instructions and agrees to perform routine maintenance services.Until the balance is paid in full,Customer shall care for the. Equipment properly,maintain it in good operating condition,repair and appearance;and Customer shall use it safely and within its rated capacity and only for purpose it was designed.Even if Customer's purchase of Equipment from Cummins under this Agreement is based,in whole or in part,on specifications,technical information,drawings,or written or verbal advice of any type from third parties, Customer has sole responsibility for the accuracy,correctness and completeness of such specifications,technical information, drawings,or advice.Cummins make no warranties or representations respecting the accuracy,correctness and completeness of any specifications,technical information,drawings,advice or other information provided by Cummins.Cummins makes no warranties or representations respecting the suitability,fitness for intended use,compatibility,integration or installation of any Equipment supplied under this Agreement.Customer has sole responsibility for intended use,for installation and design and performance where it is part of a power,propulsion,or other system.Limitation of warranties and remedies and all disclaimers apply to all such technical information,drawings,or advice.Customer acknowledges and agrees by accepting delivery of the Equipment that the Equipment purchased is of the size,design,capacity and manufacture selected by the Customer,and that Customer has relied solely on its own judgment in selecting the Equipment. 19.CONFIDENTIALITY.Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure,would reasonably be understood by the receiving party to be proprietary or confidential,whether disclosed in oral,written,visual,electronic,or other form,and which the receiving party(or agents)learns in connection with this Agreement including,but not limited to:(a)business plans,strategies,sales,projects and analyses;(b)financial information,pricing, and fee structures;(c)business processes,methods,and models;(d)employee and supplier information;(e)specifications;and(f)the terms and conditions of this Agreement.Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 20.GOVERNING LAW AND JURISDICTION.This Agreement and all matters arising hereunder shall be governed by,interpreted,and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision.The parties agree that the federal and state courts of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim Quotation: Q-186258-20230803-2147 Project: North Richland Hills Mobile Generators CJ1 Sales and Quotation: Q-186258-20230803-2147 � Service arising in connection with this Agreement or any related matter,and hereby waive any right to claim such forum would be inappropriate,including concepts of forum non conveniens. 21.INSURANCE.Upon Customer's request,Cummins will provide to Customer a Certificate of Insurance evidencing Cummins' relevant insurance coverage. 22.ASSIGNMENT.This Agreement shall be binding on the parties and their successors and assigns.Customer shall not assign this Agreement without the prior written consent of Cummins. 23.INTELLECTUAL PROPERTY.Any intellectual property rights created by either party,whether independently or jointly,in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter, related thereto,shall be Cummins'property.Customer agrees to assign,and does hereby assign,all right,title,and interest to such intellectual property to Cummins.Any Cummins pre-existing intellectual property shall remain Cummins'property.Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 24.PRICING.To the extent allowed by law,actual prices invoiced to Customer may vary from the price quoted at the time of order placement,as the same will be adjusted for prices prevailing on the date of shipment due to econornic and market conditions at the time of shipment.Subject to local laws,Cummins reserves the right to adjust pricing on goods and services due to input and labor cost changes and/or other unforeseen circumstances beyond Cummins'control. 25.MISCELLANEOUS.Cummins shall be an independent contractor under this Agreement.All notices under this Agreement shall be in writing and be delivered personally,mailed via first class certified or registered mail,or sent by a nationally recognized express courier service to the addresses set forth in this Agreement.No amendment of this Agreement shall be valid unless it is writing and signed by an authorized representative of the parties hereto.Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter,nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach.Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof.These terms are exclusive and constitute the entire agreement.Customer acknowledges that the provisions were freely negotiated and bargained for,and Customer has agreed to purchase of the Equipment pursuant to these Terms and Conditions.Acceptance of this Agreement is expressly conditioned on Customer's assent to all such Terms and Conditions.Neither party has relied on any statement,representation,agreement, understanding,or promise made by the other except as expressly set out in this Agreement.In the event Cummins incurs additional charges hereunder due to the acts or omissions of Customer,the additional charges will be passed on to the Customer,as applicable. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect:the legal construction of any provision hereof.The Pat-ties'rights,remedies,and obligations under this Agreement which by their nature are intended to continue beyond the termination or cancellation of this Agreement,including but not limited to the Section 1.6.Limitation of Liability provision contained herein,shall survive the expiration,termination,or cancellation of this Agreement. 26.COMPLIANCE.Customer shall comply with all laws applicable to its activities under this Agreement,including,without limitation,any and all applicable federal,state,and local anti-bribery,environmental,health,and safety laws and regulations then in effect.Customer acknowledges that the Equipment,and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale,export,re-export and/or transfer,directly or indirectly,of such Equipment or technology to certain countries or parties,including,but not limited to,licensing requirements under applicable laws and regulations of the United States,the United Kingdom and other jurisdictions.It is the intention of Cummins to comply with these laws,rules,and regulations.Any other provision of this Agreement to the contrary notwithstanding,Customer shall comply with all such applicable all laws relating to the cross-border movement of goods or technology,and all related orders in effect from time to time,and equivalent measures.Customer shall act as the importer of record with respect to the Equipment and shall not resell,export, re-export,distribute,transfer,or dispose of the Equipment or related technology,directly or indirectly,without first obtaining all necessary written permits,consents,and authorizations and completing such formalities as may be required under such laws,rules, and regulations.In addition,Cummins has in place policies not to distribute its products for use in certain countries based on applicable laws and regulations including but not limited to UN,U.S.,UK,and European Union regulations.Customer undertakes to perform its obligations under this Agreement with due regard to these policies.Strict compliance with this provision and all laws of the territory pertaining to the importation,distribution,sales,promotion and marketing of the Equipment is a material consideration for Cummins entering into this Agreement with Customer and continuing this Agreement for its term.Customer represents and warrants that it has not and shall not,directly or through any intermediary,pay,give,promise to give or offer to give anything of value to a government official or representative,a political party official,a candidate for political office,an officer or employee of a public international organization or any other person,individual or entity at the suggestion,request or direction or for the benefit of any of the above-described persons and entities for the purposes of inducing such person to use his influence to assist Cummins in obtaining or retaining business or to benefit Cummins or any other person in any way,and will not otherwise breach any applicable laws relating to anti-bribery.Any failure by Customer to comply with these provisions will constitute a default giving Cummins the right to immediate termination of this Agreement and/or the right to elect not to recognize the warranties associated with the Equipment. Quotation: Q-186258-20230803-2147 Project: North Richland Hills Mobile Generators Sales and Quotation: Q-186258-20230803-2147 Service Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend,indemnify,and hold Cummins harmless from and against any and all fines,penalties,claim,damages, liabilities,judgments,costs,fees,and expenses incurred by Cummins or its affiliates as a result of Customer's breach. 27. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race,color, religion, sex, sexual orientation,gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. Quotation: Q-186258-20230803-2147 II iIp IVI +p�'t,i I��Il�li�li{(�II!i!ills illY��i'Ihli Specification Rental Power 500 kW U.S EPA Tier IV Emissions Description Stamford alternators This Cummins Power Generation rental package is e 12-lead reconnectable alternators fitted with link board a fully integrated mobile power generation system, • Designed and built by Cummins Generator providing optimum performance, reliability, and Technologies. versatility for standby and prime power applications. • Voltage reconnectable-480/277 VAC high Wye, 240/139 VAC low Wye and 208/120 VAC low Wye standard. Features • Alternators designed for improved motor starting. Cummins diesel engine • Permanent magnet excitation for improved • U.S. Tier IV Final certified Cummins X15-G17 performance in non-linear load applications engines which meet emissions limits without the Rental package enclosure use of a diesel particulate filter(DPF) • Sound attenuated,white powder coated lockable • Rugged 4-cycle industrial diesel delivers enclosure reliable power and fast response to load . 23-hour fuel tank (75% prime)with leak detection changes sensor • Advanced electronic engine controls with • UL 142 fuel tank with 110%+fluid containment basin integrated aftertreatment system provide superior • Cooling system rated for 11YF (45 °C)at 100% fuel efficiency while reducing emissions standby ambient • High-pressure common rail fuel system reduces . Complete engine fluid containment reservoir engine noise and smoke • Camlock&busbar distribution panel • Cummins Direct FIowTm air filtration offering • Removable 1600A link board makes switch from 480V, improved air management, longer service life, 240V and 208V simple and easier serviceability • Shore power(15A/125 VAC)—battery charger& • 2-stage fuel filtration with optimum particle and (50A/240VAC)—Jacket water heater&shore power water separation • Smart paralleling connector makes paralleling with • Automated SCR health management system other Cummins T4F units easier • Equipped with heavy duty air cleaners, • Auxiliary Fuel connection bypass-type oil filters, and dual-element • (2) 120V GFCI and (3) 50 amp 240VAC Recep fuel/water separation filtration system with 4- way valve. Rental package options Control features • DOT approved electric brake trailer with heavy duty • The most advanced, reliable, and capable center mounted jack, pintle hitch generator set control system available with parallel and Masterless Load Demand (MILD) capabilities • Controls provide precise frequency and voltage regulation, alarm and status message display in one easy to operate customer interface Standby Prime Rating Ratin Model Voltages 60 Hz 60 Hz Sound Level Alternator kW kVA kW kVA Full load at 7m Model C500D6RE 208/240/480 500(625) 450(563) 81.9 dB(A) HCSF Our energy working for you:" power.Wmmins.com @2020 Cummins Inc.PD00000492 NAS-6527(11/20) Engine specifications Engine model X15-G17 Alternator data sheet ADS-308 Tier rating Tier IV Design 4 cycle, In-Line,turbocharged and after-cooled Bore 136.9 mm(5.39 in.) Stroke 168.9 mm(6.65 in.) Displacement 15 liters(912 in 3) Cylinder block Cast iron, In-Line 6 cylinder Battery capacity 1750 Ams @32F Battery charging alternator 110 amps Starting voltage 24 volt, negative ground Fuel system Extra high pressure injection Fuel filter Diesel Air cleaner type Dry element with restriction indicator Lube oil filter type(s) spin-on,full flow filter Standard cooling system 104 oF(40 oC)ambient radiator Alternator specifications Design Brushless,4 pole,drip proof revolving field Stator Double layer concentric,213 winding pitch Rotor Singe bearing,flexible disc _Insulations stem Class H per NEMA MG1-1.65 Standard temperature rise 125/40 OC prime Exciter type PMG(permanent magnet generator) Phase rotation A(U), B(V),C(V\t) Alternator cooling Direct drive centrifugal blower fan AC waveform total harmonic distortion < 1.5%no load, <5%non-distorting balance linear load Telephone influence factor(TIF) <50 per NEMA MG1-22.43 Telephone harmonic factor(THF) <2% Power capability specifications (Assume power factor= 0.80 for 3 phase amps) S andby rating 208 V,3 Phase 480 V,3 Phase 240 V,3 Phase Amps 60Hz Amps 60Hz Amps 60Hz 1735 752 1504 Electrical power panel specifications 120 V duplex Load lug connection Load lug circuit Model voltage receptacles 240 V twist (stud diameter) breakers- 1_20/208 Volt 2-20 Amp GFCI 3-50 ATR_ 1/2 inch 50 Amp_ Our energy working for you.' powercummins.corn @2020 Cummins Inc PD00000492 NAS-6527(11/20) PowerCommand 3.3 Control System Engine data • DC voltage • Lube oil pressure • Coolant temperature • Comprehensive FAE data(where applicable) Other data 0" • Fault history I • Data logging and fault simulation (requires InPower) " . . Standard control functions Digital governing • Integrated digital electronic isochronous governor An integrated microprocessor based generator set control system • Temperature dynamic governing providing voltage regulation,engine protection, alternator Digital voltage regulation protection,operator interface and isochronous governing. Refer • Integrated digital electronic voltage regulator to document S-1570 for more detailed information on the control. ® 3-phase,4-wire line-to-line sensing Simplified display for rental operators-simplified display • Configurable torque matching tailored for rental equipment operations for ease of use. AmpSentry AC protection Power management-Control function provides battery . AmpSentry protective relay monitoring and testing features and smart starting control system. Advanced control methodology-Three phase sensing,full • Over current and short circuit shutdown wave rectified voltage regulation,with a PWM output for stable • Over current warning operation with all load types. • Single and three phase fault regulation Regulation compliant-Prototype tested: UL, CSA and CE • Over and under voltage shutdown compliant. • Over and under frequency shutdown Service-InPowerTM PC-based service tool available for detailed • Overload warning with alarm contact diagnostics,setup,data logging and fault simulation. • Reverse power and reverse var shutdown Easily upgradeable-PowerCommand controls are designed e Field overload shutdown with common control interfaces. Engine protection Reliable design-The control system is designed for reliable operation in harsh environment. Battery voltage monitoring, protection and testing o Overspeed shutdown Operator panel features • Low oil pressure warning and shutdown Operator/display functions • High coolant temperature warning and shutdown • 320 x 240 pixels graphic LED backlight LCD • Low coolant level warning or shutdown . Auto,manual, start,stop,fault reset and lamp test/panel lamp • Low coolant temperature warning switches • Fail to start(overcrank)shutdown • Alpha-numeric display with pushbuttons • Fail to crank shutdown LED lamps indicating • Cranking lockout p g genset running, remote stark, not in auto,common shutdown,common warning, manual run mode, auto o Sensor failure indication mode and stop • Full authority electronic engine protection Alternator data Control functions • Line-to-neutral and line-to-line AC volts • Time delay start and cool down • 3-phase AC current • Real time clock for fault and event time stamping • Frequency • Cycle cranking • kW, War,power factor kVA(three phase and total) • Load shed • Remote emergency stop Our energy working for you.- power.Cummins.corn @2020 Cummins Inc.PDOOD00492 NAS-6527(11/20) Ratings definition Standby: Applicable for supplying emergency power for the duration of normal power interruption. No sustained overload capability is available for this rating. (Equivalent to Fuel Stop Power in accordance with ISO3046,AS2789, DIN6271 and BS5514). C Nominally rated. i Prime (unlimited running time): Applicable for supplying power in lieu of commercially purchased power. Prime power is the maximum power available at a variable ®G �� load for an unlimited number of hours.A 10%overload capability is available for limited time. (Equivalent to Prime Power in accordance with IS08528 and Overload Power in accordance with ISO3046,AS2789, DIN6271, and BS5514). b Dimensions Dim "A" Dim "B" Dim"C" Weight w/o fuel Weight with fuel Fuel capacity Model mm in. mm in. mm in. k Ibs. k Ibs. liters al C500D8RE without trailer 6113(241) 1499(59) 2555(101) 8024(17690) 9752(21500) 2071 (547) C500D6RE 7300(287) 2584(102) 3118(123) 10179(22440) 11887(26250) 2071 (547) with trailer Onboard DEF capacity is sized for 24 hours of operation Fuel consumption 5tandb Prime 60 Hz Ratin s,kW kVA 500 625 450 563 Hours of o oration Load "/n �70. '/n Full "/a "/z '/a Full 75%PRP US Gal/hr. fi 1.1 26.4 34 10.6 16.8 23.3 30.5 23.5 L/hr. 42.1 99.8 128.7 40.1 63.6 88.2 115.4 23.5 Note: DEF consumption less than 4%of fuel consumption **Fuel consumption number are conservative pending final test. Trailer information Model Tire size Tire type Load range Number of tires Lug pattern er trailer C500D6RE 235/75R17 M170.5 R(IR ter 6000 Ibs/2721 kg 4 _ 8 hole RM17 For more information contact your local Cummins distributor or visit power.cummins.com Our energy working for you." C. (p2020 Cummins Power Generation Inc.All rights reserved.Curnmins is a registered trademark of Cummins Inc.PowerCommand,Ampsendy,InPower and"Our energy working for you."are trademarks of Curnmins Inc.Other company,product,or service names may be trademarks or service marks of others.Specifications are subject to change without notice. P DA061 E859 NAS-6311-E N It 1/20) 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. 2023-1077345 Cummins Southern Plains LLC Dallas,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 09/28/2023 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. CA-CONTRACT NO. PUR0002_202201 Goods and Services. 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 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 V3.5.1.99923476 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Authorize the City Manager to execute a Memorandum of Understanding between San Antonio Texas Anti-Gang Center, Texas Department of Public Safety and North Texas Anti-Gang Center, City of North Richland Hills to transfer and receive two handheld chemical detection systems purchased by the San Antonio Texas Anti-Gang Center with the Texas Anti-Gang Program Grant #3060407 funds, in the amount of $94,146.26. PRESENTER: Mike Young, Chief of Police SUMMARY: City Council is being asked to authorize the City Manager to execute a Memorandum of Understanding ("MOU") between San Antonio Texas Anti-Gang Center, Texas Department of Public Safety (Sub-Recipient) and the North Texas Anti-Gang Center, City of North Richland Hills (Receiving Jurisdiction/Agency) to transfer and receive two MX908-c handheld chemical detection systems that were purchased by the Sub-Recipient with the Texas Anti-Gang Program, Grant #3060407 funding in the amount of $94,146.26. GENERAL DESCRIPTION: The Sub-Recipient purchased two MX908-c handheld mass spectrometer chemical detection systems for gas/vapor, liquids, and solids. This device is used by law enforcement agencies to detect and identify trace-level threats in real-time. The device provides reliable investigative information in the field with rapid analysis of suspected narcotics. The Sub-Recipient purchased the equipment using Texas Anti-Gang Program, Grant #3060407 funds, in the amount of$94,146.26. The Sub-Recipient will permanently transfer the two MX908-c's to the Receiving Jurisdiction/Agency. The City of North Richland Hills is the fiduciary for the North Texas Anti-Gang Center and will accept the equipment on its behalf. The Sub-Recipient has created a MOU to set forth the terms, conditions, and understanding of transferring and receiving this equipment. The MOU shall become effective once the authorized officials from each party have signed the MOU. The MOU may be modified, and/or terminated, upon mutual consent of both authorized officials. IrLp NOKTH KICHLAN HILLS RECOMMENDATION: Authorize the City Manager to execute a Memorandum of Understanding between San Antonio Texas Anti-Gang Center, Texas Department of Public Safety and North Texas Anti-Gang Center, City of North Richland Hills to transfer and receive two handheld chemical detection systems purchased by the San Antonio Texas Anti-Gang Center with the Texas Anti-Gang Program Grant #3060407 funds, in the amount of $94,146.26. Regional Equipment Transfer MOU Between San Antonio Texas Anti-Gang Center (Sub-Recipient) and North Texas Anti-Gang Center, City of North Richland Hills (Receiving Jurisdiction/Agency) Purpose This Memorandum of Understanding(MOU)sets forth the terms,conditions and understanding between San Antonio Texas Anti-Gang Center,Texas Department of Public Safety(Sub-Recipient)and the North Texas-Texas Anti-Gang Center,City of North Richland Hills(Receiving Jurisdiction/Agency)in regard to transferring and receiving equipment purchased with State and/or Federal grant funds. Duration This MOU shall become effective upon signature by the authorized officials from each party and may be modified, and/or terminated,upon mutual consent of both authorized officials. Certification This is to certify that the equipment being transferred was acquired by the expenditure of grant funds awarded to the Sub-recipient. The Receiving Jurisdiction/Agency certifies that they have received a copy of the Grantee Conditions and Responsibilities Memo(Attachment A)and have knowledge of,and are in compliance with the laws,rules and regulations of the grant, including compliance with all state and federal grant eligibility requirements. The Receiving Jurisdiction/Agency further certifies that they have received a copy of the Sub-Recipient's Grant Award(Attachment 13)and agrees to be bound by all the contract covenants and exhibits to the Sub-Recipient's award and any modifications or amendments to that award. Sub-Recipient certifies that all Grant Award documents and amendments are included in Attachment B. The Sub-Recipient and Receiving Jurisdiction/Agency further certify that they are duly authorized and empowered by their governing body to enter into this agreement. Equipment being transferred: (Note: When transferring multiple equipment items under this MOU, it is acceptable to append an attachment to this agreement containing the information noted below far each item.) 91 Item Description: MX908-c,handheld mass spec chemical detection system for gas/vapor,liquids and solids #I Inventory Number: 008 #1 Serial Number/VIN: MX2331 #I Model Number: MX908-05-1-0-03 92 Item Description: MX908-c,handheld mass spec chemical detection system for gas/vapor, liquids and solids N2 Inventory Number: 009 #2 Serial Number/VIN: MX2337 #2 Model Number: MX908-05-1-0-03 Revised:Dec 2019 Regional Equipment Transfer MOU Acquisition Date: 8/28/2023 Unit Cost'Fair Market Value: $94,146.26 %of Cost Federally Funded: 0010 Grant Year/Program: 05/01)'2022-08/31/2023 (FY2023)/TA-Texas Anti-Gang(TAG)Program—HB5 FAIN: State Award ID Number: 2022-TA-ST-0001 eGrants Grant Number: 300407 Sub-recipient Responsibilities: The Sub-recipient agrees to: Notify receiving jurisdiction/agency of any no modifications to applicable award requirements within 15 business days of receipt. Receiving Jurisdiction/Agency Responsibilities: The Receiving Jurisdiction/Agency agrees to: • Maintain compliance with the requirements of federal and state granting agencies; • Maintain all aspects of the asset including property records,physical inventory,control system, maintenance procedures,records retention,disposition,and comply with all grant requirements; • Make available to federal and state granting agencies or the Texas State Auditor's Office,or designees of these agencies,any equipment items and related records upon request; • Ensure the Sub-recipient is notified(Jose Morales,jq n[),�arip. -g� §g1jqi�:191flogqy and/or Lillian Gaa, L I'll fli j -through equipment is disposed of by the receiving entity in _ ,.y)when pass accordance with 2 CFR 200.313 (c)and the Uniform Grant Management System(UGMS),Subpart C, Section,_.32(e)Disposition; • Ensure the equipment is maintained in good working order; • Ensure a physical inventory is conducted every 2 years; • Ensure the equipment is used only as allowable under the grant;and • Ensure any deployable equipment will be made available during an event requiring a regional,statewide,or national response. Certified&Agreed by: SAN ANTONIO TEXAS ANTI-GANG CENTER,TX DPS_ Name of Sub-Recipient 4402 PIE DRAS DR WEST, SAN ANTONIO,TX, BEXAR,78228 Street/Mailing Address,City,County,Zip ;JOS MORALES,SA TAG ADMINISTRATOR Vn)t Name and Title _8/28/20231__ Signature Date Certified&Agreed by: NORTH TEXAS TAG,CITY OF NORTH RICHLAND HILLS Name of Receiving Jurisdiction/Agency 6303 COMMERCE DR.,SUITE 100, IRVING,TX 75063 Street/Mailing Address,City,County,Zip .,,.SCOTT MCRORY,NORTH TEXAS TAG ADMINISTRATOR., Rmsc&Dec 2019 Regional Equipment Transfer MOU PritName and Title .. _ _m.. �._.....__. 8/28/2023 Signature Date Date of Transfer: 08/28/2023 S - ipte ignature Receiving Jur nature JOSE MORALES,SA TAG ADMINISTRATOR SCOTT MCRORY,NORTH TEXAS TAG ADMINISTRATOR Printed Name and Title Printed Name and Title ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS ATTEST: By__ Mark Hindman,City Manager Alicia Richardson,City Secretary/ Chief Governance Officer Date ...................................................................................................................... Date APPROVED AS TO FORM AND LEGALITY: By,- _ . __..... ....._m... ._. � ,.�..._ Maleshia McGinnis,City Attorney Date Revised:Dee 2019 F ATTACHMENT B Office of the Governor Public JusticeCriminal Homeland Security Grants Division Grantee Standard Condi"N"ons and Responsibilities September 2021 Grantee Standard Conditions and Responsibilities Office of the Governor About This Document In this document, grantees (also referred to as subrecipients) will find state and federal requirements and conditions applicable to grant funds administered by the Office of the Governor (OOG). These requirements and conditions are incorporated into the Grant Agreement accepted by a grant's Authorized Official. These requirements are in addition to those that can be found on the eGrants system— including the Grant Application and Grant Award—or in documents identified there,to which grantees agreed when applying for and accepting the grant. Other state and federal requirements and conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code; Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code;the Texas Grant Management Standards (TxGMS) published by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made; for federal funding, the Funding Announcement or Solicitation under which OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice(DOJ),the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the grantee. It is important for grantees to review all of these policies to successfully manage their grant, maintain eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result in the revocation of funding or other actions. For clarification or further information, please see the Guide to Grants and other support materials at or contact the grant manager assigned to the relevant grant. If no grant manager has been assigned, please contact the eGrants help desk via email at: eGrants@ov.texas. ov, or via telephone at: (512)463-1919 or dial 7-1-1 for relay services. Grantee Standard Conditions and Responsibilities Office of the Governor ably of Contents AboutThis Document......................................................................................................................................................1 1 Grant Agreement Requirements and Conditions.................................................................................................5 1.1 Applicability of Grant Agreement and Provisions....................................................................................5 1.2 Legal Authority to Apply................................................................................................................................5 1.3 Amendments and Changes to the Grant Agreement................................................................................5 1.4 General Responsibility....................................................................................................................................6 1.5 Terms and Conditions......................................................................................................................................6 1.6 Special Conditions............................................................................................................................................6 1.7 Public Information.............................................................................................................................................6 1.8 Remedies for Non-Compliance......................................................................................................................7 1.9 False Statements by Grantee........................................................................................................................8 1.10 Conflict of Interest Safeguards......................................................................................................................8 1.11 Fraud, Waste, and Abuse..............................................................................................................................9 1.12 Dispute Resolution.......................................................................................................................................... 10 1.13 Funds Limited by Agreement and Subject to Availability..................................................................... 11 1.14 Termination of the Agreement.................................................................................................................... 11 1.15 Communication with Grantee...................................................................................................................... 12 1.16 Limitation of Liability.................................................................................................................................... 12 1.17 Liability for Taxes......................................................................................................................................... 12 1.18 Force Majeure................................................................................................................................................ 13 1.19 Debt to State.................................................................................................................................................. 13 1.20 Grantee an Independent Contractor......................................................................................................... 13 1.21 No Assignment of Rights or Obligations................................................................................................... 13 1.22 Funds Are for Sole Benefit of Grantee..................................................................................................... 14 1.23 Permission for Use of OOG Name and Labeling................................................................................... 14 1.24 Acknowledgement of Funding and Disclaimer......................................................................................... 14 1.25 Royalty-Free License..................................................................................................................................... 14 1.26 Project Period................................................................................................................................................. 15 1.27 Project Commencement................................................................................................................................ 15 1.28 Project Close Out........................................................................................................................................... 15 1.29 Federal Program Laws, Rules, and Guidelines........................................................................................ 15 1.30 Applicability of Part 200 Uniform Requirements for Federally Funded Awards............................ 16 1.31 Required State Assurances.......................................................................................................................... 16 2 Organizational Eligibility...................................................................................................................................... 16 Grantee Standard Conditions and Responsibilities Office of the Governor 2.1 Good Standing for Eligible Grantees....................................................................................................... 16 2.2 System for Award Management (SAM) Requirements.......................................................................... 17 2.3 Criminal History Reporting.......................................................................................................................... 18 2.4 Uniform Crime Reporting............................................................................................................................. 18 2.5 Immigration Related Matters...................................................................................................................... 18 2.6 E-Verify........................................................................................................................................................... 19 2.7 Deceptive Trade Practices Violations........................................................................................................ 19 2.8 Hurricane Contract Violations..................................................................................................................... 19 2.9 Terminated Contracts.................................................................................................................................... 19 2.10 Special Requirements for Units of Local Government............................................................................20 2.11 Special Requirements for Non-Profit Grantees.......................................................................................20 2.12 Special Requirements for Facilities or Entities that Collect Sexual Assault/Sex Offense Evidence or Investigates/Prosecutes Sexual Assault or other Sex Offenses....................................................................21 2.13 Firearm Suppressor Regulation..................................................................................................................21 2.14 Enforcement of Public Camping Bans........................................................................................................21 2.15 Prohibition on Agreements with Certain Foreign-Owned Companies in Connection with Critical Infrastructure................................................................................................................................................................ 21 3 Civil Rights................................................................................................................................................................ 21 3.1 Compliance with Civil Rights and Nondiscrimination Requirements.....................................................21 3.2 Limited English Proficiency...........................................................................................................................23 3.3 Equal Employment Opportunity Plan........................................................................................................23 4 Personnel.................................................................................................................................................................. 23 4.1 Overtime......................................................................................................................................................... 23 4.2 Notification of Grant-Contingent Employees...........................................................................................24 5 Travel........................................................................................................................................................................ 24 5.1 Travel Policies................................................................................................................................................ 24 6 Contracts and Procurement................................................................................................................................... 24 6.1 Procurement Practices and Policies............................................................................................................24 6.2 Subcontracting...............................................................................................................................................24 6.3 Buy Texas........................................................................................................................................................25 6.4 Contract Provisions Under Federal Awards.............................................................................................25 7 Equipment Requirements.......................................................................................................................................25 7.1 Property Management and Inventory.......................................................................................................25 7.2 Maintenance and Repair............................................................................................................................. 26 7.3 Automated License Plate Readers............................................................................................................. 26 8 Information Technology......................................................................................................................................... 26 8.1 Accessibility Requirements...........................................................................................................................26 Grantee Standard Conditions and Responsibilities Office of the Governor 8.2 Criminal Intelligence System Operating Procedures..............................................................................27 8.3 Blocking Pornographic Material.................................................................................................................27 8.4 Cybersecurity Training.................................................................................................................................27 9 Indirect Costs...........................................................................................................................................................27 9.1 Approved Indirect Cost Rate......................................................................................................................27 9.2 De Minimis Rate.............................................................................................................................................28 10 Audit and Records Requirements....................................................................................................................28 10.1 Grantee Subject to Audits...........................................................................................................................28 10.2 Single Audit Requirements........................................................................................................................... 28 10.3 Cooperation with Monitoring, Audits, and Records Requirements.......................................................28 10.4 Requirement to Address Audit Findings.................................................................................................... 30 10.5 Records Retention.......................................................................................................................................... 31 11 Prohibited and Regulated Activities and Expenditures..............................................................................32 11.1 Inherently Religious Activities...................................................................................................................... 32 11.2 Political Activities........................................................................................................................................... 32 11.3 Generally Prohibited Expenditures........................................................................................................... 33 11.4 Acorn................................................................................................................................................................ 34 11.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment..........34 12 Financial Requirements...................................................................................................................................... 34 12.1 Financial Status Reports............................................................................................................................... 34 12.2 Approval of Financial Status Report.........................................................................................................34 12.3 Reimbursements.............................................................................................................................................. 35 12.4 Generally Accepted Accounting Principles.............................................................................................. 35 12.5 Program Income............................................................................................................................................. 35 12.6 Refunds and Deductions............................................................................................................................... 35 12.7 Liquidation Period......................................................................................................................................... 36 12.8 Duplication of Funding.................................................................................................................................. 36 12.9 Supplanting.................................................................................................................................................... 36 13 Required Reports............................................................................................................................................... 36 13.1 Measuring, Reporting, and Evaluating Performance.............................................................................36 13.2 Report Formats, Submissions, and Timelines............................................................................................. 36 13.3 Failure to File Required Reports................................................................................................................. 37 Grantee Standard Conditions and Responsibilities Office of the Governor Grant Agreement Requirements and Conditions 1.1 Applicability of Grant Agreement and Provisions The Grant Agreement is intended to be the full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings,agreements, promises, representations,terms and conditions, both oral and written, are superseded and replaced by this Grant Agreement. If any term or provision of this Grant Agreement is found to be invalid or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The invalid term or invalid provision shall be deemed severable and stricken from the Grant Agreement as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations pertaining to the grant close-out, maximum liability of OOG, cooperation and provision of additional information, return of grant funds, audit rights, records retention, public information, disclaimers and limitation of liability, indemnification, and any other provision implying survivability shall remain in effect after the expiration or termination of this Grant Agreement. 1.2 Legal Authority to Apply The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been or will be duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 1.3 Amendments and Changes to the Grant Agreement OOG and the grantee may agree to make adjustments to the grant budget and detailed budget as documented in eGrants. Adjustments include, but are not limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or categories, or changing funds in any awarded cost items or category or changing grant officials. OOG, at its sole discretion, and upon written notice by OOG to the grantee of any proposed adjustment,and after the grantee has had an opportunity to respond to the proposed adjustment, may adjust the grantee's Budget, Grant Narrative, Special Conditions, Period of Performance,and/or any other items as deemed appropriate by OOG, at any time, during the term of this Grant Agreement. The grantee has no right or entitlement to reimbursement with grant funds. OOG and grantee agree that any act, action or representation by either Party, their agents or employees that purports to waive or alter the terms of the Grant Agreement or increase the maximum liability of OOG is void unless a written amendment to this Grant Agreement is first executed and documented in eGrants.The grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of OOG in excess of the "Maximum Liability of the OOG" as set forth in the Statement of Grant Award (SOGA). Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in eGrants to be binding upon the Parties. 37 Grantee Standard Conditions and Responsibilities Office of the Governor 1.4 General Responsibility The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project; accountability for all funds awarded; and compliance with OOG administrative rules, policies and procedures, and applicable federal and state laws and regulations. Grant funds may be used only for the purposes in the grantee's approved application. The recipient shall not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with grant funds, without prior written approval from OOG. The grantee will maintain an appropriate financial management and grant administration system to ensure that all terms, conditions and specifications of the grant are met. 1.5 Terms and Conditions The grantee will comply with the terms and conditions as set forth and required in the funding announcement under which the approved application was submitted, the application, and award in eGrants. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, the grantee remains responsible for complying with these terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with the grant agreement.The failure of OOG to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of OOG's right to demand strict compliance in the future. No consent or waiver, express or implied,to or of any breach or default in the performance of any obligation under this grant agreement shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this grant agreement. To the extent the terms and conditions of this grant agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the grant agreement. 1.6 .Special Conditions Special Conditions may be imposed by OOG, at its sole discretion and at any time, without amending this Grant Agreement. Failure by OOG to provide notice does not absolve grantee of compliance with any special conditions. OOG may place grantee on immediate financial hold, without further notice, until all Special Conditions, if any, are met. 1.7 Public Information Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that the State of Texas,OOG, and this Grant Agreement are subject to the Texas Public Information Act, Grantee Standard Conditions and Responsibilities Office of the Governor Texas Government Code Chapter 552(the"PIA").The grantee acknowledges that OOG will comply with the PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas. The grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to OOG, is subject to the PIA, whether created or produced by the grantee or any third party,and the grantee agrees that information not otherwise excepted from disclosure under the PIA,will be available in a format that is accessible by the public at no additional charge to OOG or State of Texas. The grantee will cooperate with OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of the grantee under, pursuant to,or in connection with this Grant Agreement that the grantee considers proprietary, financial, trade secret, or otherwise confidential information (collectively"Confidential Information") shall be designated as such when it is provided to OOG or State of Texas or any other entity in accordance with this Grant Agreement. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information may not render the whole of the information confidential. Any information which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. OOG agrees to notify the grantee in writing within a reasonable time from receipt of a request for information covering the grantee's Confidential Information. OOG will make a determination whether to submit a Public Information Act request to the Attorney General. The grantee agrees to maintain the confidentiality of information received from OOG or State of Texas during the performance of this Grant Agreement, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information and social security numbers. The grantee must immediately notify and provide a copy to OOG of any Public Information Request or other third-party request for the disclosure of information it receives related to this Grant award. 1.8 Remedies for Non-Compliance If OOG determines that the grantee materially fails to comply with any term of this grant agreement, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or any other applicable requirement, OOG, in its sole discretion and consistent with any applicable OOG Administrative Rules, may take actions including: 1. Temporarily withholding cash payments pending correction of the deficiency or more severe enforcement action by OOG; 2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; 3. Disallowing claims for reimbursement; 4. Wholly or partially suspending or terminating this grant; 5. Requiring return or offset of previous reimbursements; 6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered by OOG until repayment to OOG is made and any other compliance or audit finding is satisfactorily resolved; 7. Reducing the grant award maximum liability of OOG; Grantee Standard Conditions and Responsibilities Office of the Governor 8. Terminating this Grant Agreement; 9. Imposing a corrective action plan; 10. Withholding further awards;or 11. Taking other remedies or appropriate actions. The grantee costs resulting from obligations incurred during a suspension or after termination of this grant are not allowable unless OOG expressly authorizes them in the notice of suspension or termination or subsequently. OOG, at its sole discretion, may impose sanctions without first requiring a corrective action plan. 1.9 False.Statements by Grantee By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties, guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall submit a false claim for payment. If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false or if the grantee signs or executes the grant agreement with a false statement or it is subsequently determined that the grantee has violated any of the statements, representations, warranties, guarantees,certifications or affirmations included in this grant agreement,then OOG may consider this act a possible default under this grant agreement and may terminate or void this grant agreement for cause and pursue other remedies available to OOG under this grant agreement and applicable law. False statements or claims made in connection with OOG grants may result in fines, imprisonment,and debarment from participating in federal grants or contract, and/or other remedy available by law, potentially including the provisions of 38 USC§§3801-3812,which details the administrative remedies for false claims and statements made. 1.10 Conflict of Interest.Safeguards The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,whether for themselves or others, particularly those with whom they have family, business,or other ties. The grantee will operate with complete independence and objectivity without actual, potential, or apparent conflict of interest with respect to its performance under this Grant Agreement. The grantee must disclose, in writing, within fifteen (15) calendar days of discovery, any existing, actual or potential conflicts of interest relative to its performance under this Grant Agreement. The grantee is and shall remain in compliance during the term of this Grant Agreement with Texas Government Code, Section 669.003, Contracting with Executive Head of State Agency; and Section 572, Employment of Former State Officer or Employee of State Agency. The grantee certifies that it is not ineligible to receive this Grant Agreement under Texas Government Code, section 2155.004, regarding the financial participation by a person who received compensation from OOG or another state agency to participate in preparing the specifications or request for proposals on which the bid or contract is based, and acknowledges that this Grant Agreement may be terminated and payment withheld if this certification is inaccurate. Grantee Standard Conditions and Responsibilities Office of the Governor The grantee has not given or offered to give, nor does the grantee intend to give at any time hereafter, any economic opportunity,future employment,gift, loan,gratuity,special discount,trip,favor,or service to a public servant or employee of OOG, at any time during the award of this grant or in connection with this Grant Agreement, except as allowed under relevant state or federal law. The grantee nor its personnel or entities employed in rendering services under this grant agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of the grantee's obligations under this grant agreement. 1.11 Fraud, Waste, and Abuse A. The grantee understands that OOG does not tolerate any type of fraud, waste, or misuse of funds received from OOG. OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken.The grantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies provided under an award, and civil and/or criminal penalties. In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from OOG that is made against the grantee, the grantee is required to immediately notify OOG of said allegation or finding and to continue to inform OOG of the status of any such on- going investigations. The grantee must also promptly refer to OOG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds that violates the False Claims Act; or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest, bribery,gratuity,or similar misconduct involving award funds. Grantees must also immediately notify OOG in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify OOG in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits, or indictments to OOG. If a federal or state court or administrative agency renders a judgement or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgement or order to OOG. The grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to OOG's Fraud Coordinator or Ethics Advisor at (512) 463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin,Texas 78711. B. Restrictions and certifications regarding non-disclosure agreements and related matters. No grantee or subgrantee under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information),37 Grantee Standard Conditions and Responsibilities Office of the Governor Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient: a. Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above;and b. Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to OOG, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that federal agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants") or procurement contracts, or both: a. It represents that: i. It has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above;and ii. It has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation;and b. It certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to OOG, and will resume (or permit resumption of) such obligations only if expressly authorized to do so byOOG. These provisions apply to all grantees and subgrantees or subcontractors. 1.12 Dispute Resolution The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will make a good faith attempt to informally resolve any disputes. Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or approved in writing by OOG, the grantee shall continue performance and shall not be excused from performance during the period any breach of Grant Agreement claim or dispute is pending. The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to g e 10 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor this Grant Agreement,without regard to any otherwise applicable conflict of law rules or requirements. Venue for any grantee-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court,Western District of Texas-Austin Division.Venue for any OOG-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be commenced in a Texas state district court or a United States District Court selected by OOG in its sole discretion. The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation.The grantee hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that the grantee is not personally subject to the jurisdiction of the above-named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 1.13 Funds Limited by Agreement and.Subject to Availability The grantee agrees that nothing in this grant will be interpreted to create an obligation or liability of OOG in excess of the funds delineated in this grant.The grantee agrees that funding for this grant is subject to the actual receipt by OOG of grant funds (state and/or federal) appropriated to OOG for the grant program.The grantee agrees that the grant funds, if any, received from OOG may be limited by the term of each state biennium and by specific appropriation authority to and the spending authority of OOG for the purpose of this grant.The grantee agrees that notwithstanding any other provision of this grant, if OOG is not appropriated the funds or if OOG does not receive the appropriated funds for this grant program, or if the funds appropriated to OOG for this grant program are required to be reallocated to fund other federal or state programs or purposes, OOG is not liable to pay the grantee the maximum liability amount specified in the SOGA or any other remaining balance of unpaid funds. If OOG or the program fund becomes subject to legislative change, revocation of statutory authority, lack of appropriated funds, or unavailability of funds which would render performance under this grant agreement impossible, this grant agreement may be immediately terminated without recourse, liability, or penalty against OOG upon written notice to grantee. 1.14 Termination of the Agreement OOG may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty against OOG, upon written notice to grantee. In the event grantee fails to perform or comply with an obligation or a term, condition or provision of this Grant Agreement, OOG may, upon written notice to grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such notification of Termination for Cause will state the effective date of such termination,and if no effective date is specified,the effective date will be the date of the notification. OOG and grantee may mutually agree to terminate this Grant Agreement. OOG in its sole discretion will determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed grant funds. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law,or under this Grant Agreement. Following termination by OOG,grantee shall continue to be obligated to OOG for the return of grant funds in accordance with applicable provisions Grantee Standard Conditions and Responsibilities Office of the Governor of this Grant Agreement. In the event of termination under this Section, OOG's obligation to reimburse grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs determined by OOG in its sole discretion to be reasonable and necessary to cost-effectively terminate the grant.Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration. 1.15 Communication with Grantee Notice may be given to the grantee via eGrants, email, hand-delivery, delivery service, or United States Mail. Notices to the grantee will be sent to the name and address supplied by grantee in eGrants. 1.16 Limitation of Liability To the extent allowed by law, the grantee agrees to indemnify and hold harmless OOG, the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands or suits whatsoever, including any litigation costs, attorneys'fees, and expenses, relating to tax liability, unemployment insurance and/or workers' compensation in grantee's performance under this grant agreement. The grantee shall be liable to pay all costs of defense including attorneys' fees. The defense shall be coordinated by grantee with OOG and the Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from OOG and the Office of the Attorney General. The grantee and OOG agree to furnish timely written notice to each other of any such claims. The grantee further agrees to indemnify and hold harmless,to the extent allowed by law,the OOG,the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands, or suits, whatsoever, including any litigation costs, attorneys' fees, and expenses, that arise from any acts or omissions of grantee or any of its officers, employees, agents, contractors, and assignees, relating to this grant agreement regardless of whether the act or omission is related to this grant agreement. The defense shall be coordinated by grantee, OOG and the Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from OOG and the Office of the Attorney General. The grantee and OOG agree to furnish timely written notice to each other of any such claims. The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by OOG, its officers, employees, agents, or contractors or the State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that OOG or the State of Texas may have by operation of law. 1.17 Liability for Taxes The grantee agrees and acknowledges that grantee shall be entirely responsible for the liability and payment of grantee's and grantee's employees'taxes of whatever kind,arising out of the performances in this Grant Agreement.The grantee agrees to comply with all state and federal laws applicable to any Grantee Standard Conditions and Responsibilities Office of the Governor such persons, including laws regarding wages, taxes, insurance, and workers' compensation. OOG and/or the State of Texas shall not be liable to the grantee, its employees, agents, or others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation or any benefit available to a state employee or employee of OOG. 1.18 Force Majeure Neither the grantee nor OOG shall be required to perform any obligation under this Grant Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Each Party must inform the other in writing, with proof of receipt,within three(3) business days of the existence of such force majeure,or otherwise waive this right as a defense. 1.19 Debt to.State The grantee agrees, to the extent grantee owes any debt (child support or other obligation) or delinquent taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent taxes are paid in full. 1.20 Grantee an Independent Contractor The grantee expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of grantee be considered an employee, agent, servant,joint venturer,joint enterpriser or partner of OOG or the State of Texas.The grantee is not a "governmental body"solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. All persons furnished, used, retained, or hired by or on behalf of the grantee or any of the grantee's contractors shall be considered to be solely the employees or agents of the grantee or the grantee's contractors. The grantee or grantee's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee,and other payroll taxes for such persons, including any related assessments or contributions required by law. The grantee agrees to take such steps as may be necessary to ensure that each contractor of the grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OOG or the State of Texas. The grantee is responsible for all types of claims whatsoever due to actions or performance under this Grant Agreement, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees,volunteers or any third parties. 1.21 No Assignment of Fights or Obligations The grantee may not assign this Grant Agreement or any of its rights or obligations under this Grant Agreement to any third party or entity. Any attempted assignment without OOG's prior written consent is void and may result in the termination of this Grant Agreement. Grantee Standard Conditions and Responsibilities Office of the Governor 1.22 Funds Are for Sole Benefit of Grantee It is expressly agreed that any solicitation for or receipt of funds of any type by the grantee is for the sole benefit of the grantee and is not a solicitation for or receipt of funds on behalf of OOG or the Governor of the State of Texas. 1.2.3 Permission for Use of 00G'Name and Labeling Other than the required statements listed in this document, grantee shall not use OOG's name or refer to OOG directly or indirectly in any media release, public service announcement, or public service disclosure relating to this Grant Agreement or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from OOG.This Section is not intended to and does not limit the grantee's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act.This Section is not intended to and does not limit OOG's duties and obligations to report this Grant Agreement, any grant payments made under this Grant Agreement, any contract compliance or performance information or other state or federal reporting requirements applicable to OOG. 1.24 Acknowledgement of Funding and Disclaimer All publications, including websites, produced in full or in part with grant funds awarded by OOG must include an acknowledgement of the funding and a disclaimer of non-endorsement by the funding agency. In general, no publication may convey OOG's or any federal funding agency's(i.e. DOJ or FEMA) official recognition or endorsement of the recipient's project simply based on having received funding. For websites, the acknowledgement should be present somewhere on all major entry pages. Acknowledgement language for grants made through state fund sources is below and language for grants made through specific federal fund sources is included within the fund specific conditions memo. For any state grant program: "This [website/report/study/project/etc.] is funded [insert "in part", if applicable] through a grant from the Public Safety Office of the Texas Office of the Governor. Neither the Office of the Governor nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." 1.25 Loyalty-Free License Pursuant to 2 CFR 200.315(b),the grantee may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. OOG (and the federal funding agency, if the work is funded with a federal grant) reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works),for state (or Federal) purposes: A. Any work subject to copyright developed under an award or subaward;and B. Any rights of copyright to which a grantee or subgrantee or subcontractor purchases ownership with state (or Federal)support. The recipient acknowledges that OOG (and the federal funding agency) have the right to:"r g e 14 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor A. Obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and B. Authorize others to receive, reproduce, publish or otherwise use such data for state(or federal) purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data-general). It is the responsibility of the grantee (and of each subgrantee or subcontractor if applicable) to ensure that this condition is included in any subaward under this award.The grantee has the responsibility to obtain from subgrantees, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subgrantee contractor, or subcontractor refuses to accept terms affording the Government such rights, the grantee shall promptly bring such refusal to the attention of the OOG program manager for the award and not proceed with the agreement in question without further authorization from OOG. 1.26 Project Period The performance period for this Grant is listed on the Statement of Grant Award. All goods must be obligated and all services must be received within the performance period. OOG will not be obligated to reimburse expenses incurred after the performance period. 1.27 Project Commencement The grantee must take reasonable steps to commence project activities upon receiving notice of a grant award. If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a statement to OOG explaining the implementation delay. Upon receipt of the 90-day letter, OOG may cancel the project and redistribute the funds to other project areas. OOG may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90-day period. 1.28 Project Close Out OOG will close-out the grant award when it determines that all applicable administrative actions and all required work of the Grant have been completed by the grantee. The grantee must submit all financial, performance, and other reports as required by the terms and conditions of the grant award. Submission of the final Financial Status Report will initiate grant close out with OOG. The grantee must promptly refund any balances of unobligated cash that OOG paid in advance or paid and that are not authorized to be retained by the grantee for use in other projects. 1.29 Federal Program Lanus, Mules, and Guidelines The grantee must comply with applicable provisions of federal and state law and regulations, terms and conditions applicable to the federal awards providing funding for the grant award, and any applicable program guidelines, which may include: A. The Omnibus Crime Control and Safe Streets Act of 1968(as amended -42 U.S.0 3711 etseq.));; Grantee Standard Conditions and Responsibilities Office of the Governor B. Victims of Crime Act(VOCA) program guidelines, including the VOCA Final Rule effective August 8, 2016 and included in 28 CFR 94; C. Violence Against Women Act (VAWA) relevant statutory and regulatory requirements, including the Violence Against Women Act of 1994(P.L., 103-322),the Violence Against Women Act of 2000 (P.L. 106-386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), the Violence Against Women Reauthorization Act of 2013 (P.L. 113- 4), the Office on Violence Against Women's (OVW) implementing regulations at 28 CFR Part 90, OVW's general terms and conditions available at (these do not supersede any specific conditions in the grant agreement), and the financial and administrative requirements set forth in the current edition of the Office on Violence Against Women (OVW) Financial Grants Management Guide; D. The provisions of the current edition of the Department of Justice Grants Financial Guide; E. If the grantee uses grant funds to undertake research involving human subjects, the grantee may be subject to Department of Justice(DOJ)Office of Justice(OJP) policies and requirements adopted by OOG related to human subjects found in 28 CFR Part 46; F. Section 2002 of the Homeland Security Act of 2002, as amended (P.L. 107-296) (6 U.S.C. §603); G. If grantee receives a grant award in excess of$150,000, it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). Any subgrants or contracts made by the grantee in excess of$150,000 must contain this provision. H. All other applicable Federal laws, orders, circulars, or regulations. 1.30 Applicability of Fart 200 Uniform Requirements for Federally Funded Awards The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200 apply to any grants funded through an award from a Federal agency. 1.31 Required.State Assurances The grantee must comply with the applicable State Assurances included within TxGMS, which are incorporated here by reference in the award terms and conditions. Organizational Eligibility 2.1 Good.Standing for Eligible Grantees A. The grantee is in good standing under the laws of the State in which it was formed or organized, and has provided OOG with any requested or required documentation to support this certification. B. The grantee agrees to remain in good standing with any state or federal governmental bodies related to the grantee's right to conduct its business in Texas, including but not limited to the Texas Secretary of State and the Texas Comptroller of Public Accounts, as applicable. Grantee Standard Conditions and Responsibilities Office of the Governor C. The grantee owes no delinquent taxes to any taxing unit of this State as of the effective date of this Grant Agreement. D. The grantee is non-delinquent in its repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 for additional information and guidance. E. The grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to perform its obligations under this Grant Agreement, without costs toOOG. F. The grantee is currently in good standing with all licensing, permitting or regulatory bodies that regulate any or all aspects of grantee's business or operations. G. The grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. H. The grantee shall comply with any applicable federal, state, county, local and municipal laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with its obligations under this Grant Agreement. I. The grantee does not have any existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. 2.2 .System for Award Management(SAM) Requirements A. The grantee agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB and, if applicable, the federal funding agency). These requirements include maintaining current registrations and the currency of the information in SAM. The grantee will review and update information at least annually until submission of the final financial report required under the award or receipt of final payment, whichever is later,as required by 2 CFR Part 25. B. Applicable to this Grant Agreement is the President's Executive Order(EO) 13224, Executive Order on Terrorist Financing-Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Y g (SAM), ."' .V'.`:.. ./. r„nr.nr.. ..S..I::i::N..., p„a„ir, which is inclusive Administration's System for Award Management SAM l..!.......... of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. C. The grantee will comply with Executive Orders 12549 and 12689 that requires "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 1986 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. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing business with that vendor. D. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the grantee is in compliance with the State of Texas "r g e 17 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor statutes and rules relating to procurement and that the grantee is not listed on the federal government's terrorism watch list as described in Executive Order13224. 2.3 Criminal History Reporting Counties or other governmental entities required to maintain and report criminal history records per the Texas Code of Criminal Procedure, Ch. 60, must maintain compliance with that statute and Governor's Executive Order GA-07, Order 8, in order to obtain or maintain eligibility for OOG grant funds. 2.4 Uniform Crime Reporting Local units of governments operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety(DPS) for inclusion in the annual Crime in Texas (CIT) publication.To maintain eligibility for funding, grantees must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, grantees are required to submit complete and accurate UCR data, as well as the Texas-mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 2.5 Immigration Related Matters Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS")to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, counties and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten)that would: (1) require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or(2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or§ 1366(3). Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code which prohibits local entity or campus police departments from: (1) adopting, enforcing, or endorsing a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws; (2) as demonstrated by pattern or practice, prohibiting or materially limiting the enforcement of immigration laws; or(3) for an entity that is a law enforcement agency or for a department, as demonstrated by pattern or practice, intentionally violate Article 2.251, Code of Criminal Procedure. Grantee Standard Conditions and Responsibilities Office of the Governor 2.6 E-Verify A. The grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("IRCA") regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement, if any, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") enacted on September 30,1996. B. The grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: 1. All persons employed to perform duties within Texas, during the term of the Grant;and 2. All persons employed or assigned by the grantee to perform work pursuant to the Grant Agreement, within the United States of America. If this certification is falsely made, the Grant Agreement may beterminated. C. If applicable, grantee will comply with Executive Order RP-80 regarding the U.S. Department of Homeland Security's E-Verify system. 2.7 Deceptive Trade Practices Violations The grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the grantee has not been found to be liable for such practices in such proceedings. The grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit,and that such officers have not been found to be liable for such practices in such proceedings. The grantee shall notify OOG in writing within five (5) calendar days if grantee or any of its officers are subject to allegations of Deceptive Trade Practices or are the subject of alleged violations of any unfair business practices in an administrative hearing or court suit, and that the grantee or officers have been found to be liable for such practices in such proceedings. 2.8 Hurricane Contract Violations Texas law prohibits OOG from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, Hurricane Harvey, or any other disaster, as defined by section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under section 2155.006 and 2261.053 of the Texas Government Code, the grantee certifies that the entity named in this Grant Agreement is not ineligible from entering into this Grant Agreement and acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate orfalse. 2.9 Terminated Contracts The grantee has not had a contract terminated or been denied the renewal of any contract fornon- "r g e 19 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor compliance with policies or regulations of any state or federally funded program within the past five (5)years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have such a terminated contract,the grantee shall identify the contract and provide an explanation for the termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate or false. 2.10 .Special Requirements for Units of Local Government Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: A. Texas General Appropriations Act, Art. IX, Parts 2, 3, and 5, except there is no requirement for increased salaries for local government employees; B. 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; C. 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 grantee may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 2.11 .Special Requirements for Non-Profit Grantees Each non-profit corporation receiving funds from OOG must obtain and have on file a blanket fidelity bond that indemnifies OOG against the loss or theft of the entire amount of grant funds, including matching funds.The fidelity bond should cover at least the OOG grant period. By accepting funds under this award, any non-profit grantee certifies and affirmatively asserts that it is a non-profit organization and that it keeps on file, and is available upon audit, either: A. A copy of the recipient's 501(c)(3) designation letter; B. A letter from the State of Texas stating that the recipient is a non-profit organization operating within Texas; or C. A copy of the grantee's Texas certificate of incorporation that substantiates its non-profitstatus. Grantees that are local non-profit affiliates of state or national non-profits should have available proof of (1), (2), or (3), and a statement by the state or national parent organization that the recipient is a local non-profit affiliate. Non-profit recipients of Victims of Crime Act(VOCA)funding that are not a 501(c)(3)organization finally certified by the Internal Revenue Service must make their financial statements available online. Church, mosque, and synagogue recipients of Nonprofit Security Grant Program funding are not required to apply for and receive a recognition of exemption under section 501(c)(3). Such organizations are automatically exempt if they meet the requirements of section 501(c)(3). Grantee Standard Conditions and Responsibilities Office of the Governor 2.12 Special Requirements for Facilities or Entities that Collect Sexuo/Assou/t/Sex Offense Evidence or /nvestigo&c4/Prosecu&cs Sexual Assault or other Sex Offenses Texas Government Code, Section 420.034, requires any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected,to participate in a statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. Failure to comply with the requirements of Chapter 420, Subchapter B or Subchapter B-1, of the Texas Government Code may be used to determine ongoing eligibility for receiving OOG grant funds. 2.13 Firearm Suppressor Regulation Texas Government Code, Section 2.103, prohibits state agencies, municipalities, counties, special districts or authorities, as defined in Section 2.101of the Texas Government Code, from receiving state grant funds if the entity adopts a rule, order, ordinance, or policy that enforces or allows the enforcement of a federal law that purports to regulate a firearm suppressor if the federal statute, order, rule or regulation imposes prohibition, restriction, or other regulation that does not exist under the laws of the State ofTexas. 2.14 Enforcement qf Public Camping Bons Texas Government Code, Section 364.004, prohibits municipalities orcounties, as defined in Section 364.001 of the Texas Government Code, from receiving state grant funds if a judicial determination is made that the local entity adopts or enforces a policy, as described in Section 364.002 of the Texas Government Code,that prohibits or discourages the entity from the enforcement of any public camping ban. 2.15 Prohibition on Agreements with Certain Foreign-Owned Companies /n Connect/on with Critical Infrastructure Texas Government Code, Chapter 113 and Section 2274.0102, prohibits an entity or company from entering into an agreement with a company or entity that is headquartered in, owned by, or the majority of stock is held or controlled by China, Iran, North Korea, Russia or a country designated by the governor as a threat to critical infrastructure, as defined in Section 113.001 or Section 2274.0101 of the Texas Government Code, if the agreement is related to and grants access to or control of critical infrastructure in the State of Texas. 3 Civil Rights 3.1 Compliance with Civil Rights and Nondiscrimination Requirements A. The grantee will comply with all State and Federal statutes relating to civil rights and nondiscrimination and ensure, in accordance with federal civil rights laws, that the grantee shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. Grantee Standard Conditions and Responsibilities Office of the Governor B. The grantee will comply, and all its contractors and subgrantees will comply, with all federal statutes and rules relating to civil rights and nondiscrimination. These include but are not limited to: 1. 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; 2. Title IX of the Education Amendments of 1972,as amended(20 USC§§1681-1683,and 1685- 1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990(42 USC § 12131-34); 4. The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6. 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; 7. Sections §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8. Title VIII of the Civil Rights Act of 1968 (42 USC § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9. Title I, II, and III of the Americans with Disabilities Act of 1990,which prohibits discrimination against individuals with disabilities; 10. Any other nondiscrimination provisions in the specific statute(s) or the state or federal solicitation or funding announcement under which application for grant funds is being made, including but not limited to: i. Section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968(codified at 34 U.S.C. 10228(c); see also 34 U.S.C. 11182(b)), ii. Section 1407(e) of the Victims of Crime Act of 1984 (codified at 34 U.S.C. 20110(e)) iii. Section 40002(b)(13) of the Violence Against Women Act of 1994 (codified at 34 U.S.C. 12291(b)(13)) C. A nondiscrimination provision that deals with discrimination in employment on the basis of religion is read together with the pertinent provisions of the Religious Freedom Restoration Act of 1993. As a result, even if an otherwise-applicable nondiscrimination provision states that a recipient or subrecipient may not discriminate in employment based on religion,an OJP recipient or subrecipient that is a faith-based organization may consider religion in hiring, provided it satisfies particular requirements. Additional information on those requirements can be found at [i�tlx:'.�..����Ilx .Rcar�il�l€rl<<i �� I�rlx[�a�c �� sf�'�rc ��r�c : �r�[I���111, :1 � 14a.r���<<c Ei�c �it I�trnfi4. D. Collectively,these federal laws prohibit a grantee from discriminating either in employment(subject to the exemption for certain faith-based organizations discussed in C. above) or in the delivery of sc ge 22 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor services or benefits on the basis of race, color, national origin, sex, religion, or disability. E. In the event any federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin (including limited English proficiency), or sex against the grantee, or the grantee settles a case or matter alleging such discrimination,the grantee must forward a copy of the complaint and findings to OOG and, as applicable, the Office of Justice Programs Office for Civil Rights (OCR), or the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. F. All recipients of Department of Justice Grants must review the Information on Civil Rights for grantees posted on the eGrants website. More information on Civil Rights and Nondiscrimination requirements for grantees receiving funding originating from the Department of Justice can be found at .2 Limited English .Proficiency The grantee will comply with Title VI of the Civil Rights Act of 1964, which prohibits grantees from discriminating on the basis of national origin in the delivery of services or benefits, entails taking reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to funded programs or activities. An LEP person is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. Meaningful access may entail providing language assistance services, including oral interpretation and written translation,where necessary. In order to facilitate compliance with Title VI,grantees are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. More information can be found at .�'Ov. 3.3 Equal Employment Opportunity Plan All recipients of Department of Justice grants must submit the Equal Employment Opportunity Plan (EEOP) certification information to the Office of Civil Rights, Office of Justice Programs through their on-line I I; DI" kc ;xcal <<i h C ooL For more information and guidance on how to complete and submit the federal EEOP certification information, please visit the US Department of Justice, Office of Justice �� II .ar i c c gala [i�ril. Programs website at The grantee acknowledges that failure to submit an acceptable EEOP (if recipient is required to submit one),that is approved by the Office for Civil Rights, is a violation of the Grant Agreement and may result in suspension or termination of funding, until such time as the recipient is in compliance. 4 Personnel 4.1 Overtime Overtime is allowable to the extent that it is included in the OOG-approved budget,the grantee agency has an overtime policy approved by its governing body, and both grant-funded and non-grant funded personnel are treated the same with regards to the application of overtime policy(ies). In addition, in no case is dual compensation allowable. That is, an employee of a grantee agency may not receive compensation for hours worked (including paid leave) from his/her agency AND from an award for a single period of time, even though such work may benefit both activities. Overtime payments issued sage 23 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor outside of these guidelines are the responsibility of the grantee agency. 4.2 Notification of Grant-Contingent Employees Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by OOG. Travel 5.1 Travel Policies The grantee must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established written policies regarding in-state and out-of-state travel,grantee must use the travel guidelines established for state employees. Contracts and Procurement 6.1 Procurement Practices and Policies The grantee must follow applicable Federal and State law, Federal procurement standards specified in regulations governing Federal awards to non-Federal entities, their established policy, and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. A. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition. B. When any contractual or equipment procurement is anticipated to be in excess of Simplified Acquisition Threshold, grantees must submit a Procurement Questionnaire �2YLILLic a L�.to OOG for approval prior to procurement. Grantees must ensure these contracts address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. C. When contractual or equipment procurement is anticipated to be in excess of$10,000, grantees must address termination for cause and for convenience by the grantee including the manner by which it will be affected and the basis for settlement. 6.2 .Subcontracting The grantee may not subcontract any of its rights or duties under this Grant Agreement without the prior written approval of OOG. It is within OOG's sole discretion to approve any subcontracting. In the event OOG approves subcontracting by the grantee, the grantee will ensure that its contracts with others shall require compliance with the provisions of this Grant Agreement to the extent compliance is needed to support the grantee's compliance with this Grant Agreement. The grantee, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this Grant Grantee Standard Conditions and Responsibilities Office of the Governor Agreement and that OOG shall not be liable in any manner to any grantee subcontractor. 6.3 Buy Texas If applicable with respect to any services purchased pursuant to this Grant Agreement,the grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. 6.4 Contract Provisions Under Federal Awards All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. 7 Equipment Requirements 7.1 Property Management and Inventory The grantee must ensure equipment purchased with grant funds is used for the purpose of the Grant and as approved by OOG. The grantee must develop and implement a control system to prevent loss, damage or theft of property and investigate and document any loss, damage or theft of property funded under this Grant. The grantee must account for any real and personal property acquired with grant funds or received from the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the grantee, according to the requirements listed herein, and provided to OOG upon request, if applicable. When original or replacement equipment acquired under this award by the grantee is no longer needed for the original project or program or for other activities currently or previously supported by the federal awarding agency or OOG,the grantee must make proper disposition of the equipment pursuant to 2 CFR 200 or TXGMS, as applicable. The grantee shall not give any security interest, lien or otherwise encumber any item of equipment purchased with grant funds. The grantee will maintain specified equipment management and inventory procedures for equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place, with a per-unit cost of $5,000 or greater, any firearms, any items on the Prohibited or Controlled Expenditures list, and the following equipment with costs between $500 and $4,999: sound systems and other audio equipment, still and video cameras, TVs, video players/recorders,desktop computers, laptop computers, data projectors, smartphones,tablets, other hand held devices, mobile/portable radios, and unmanned aerial vehicle (UAV) drones. (See Texas Government Code, Sec. 403.271(b) for further information. Users of these standards should contact Grantee Standard Conditions and Responsibilities Office of the Governor the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's State Property Accounting Process User's Guide, Appendix A, available on the internet, for the most current listing.)The equipment and inventory procedures include: A. The grantee must keep an inventory report on file containing equipment purchased with any grant funds during the grant period.The inventory report must agree with the approved grant budget and the final Financial Status Report and shall be available to OOG at all times upon request. B. At least every two (2) years, grantee must take a physical inventory and reconcile the results with property records. C. The grantee must maintain property/inventory records which, at minimum, 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 ofthe property. D. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to the equipment. Upon termination of this Grant Agreement, title, use, and disposal of equipment by the grantee shall be in conformity with TXGMS; however, as between OOG and the grantee title for equipment will remain with the grantee, unless TxGMS requires otherwise. 7.2 Maintenance and Repair The grantee will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event the grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Grant Agreement, the grantee shall use the proceeds to repair or replace said equipment. 7.3 Automated License Plate Readers Any grantee requesting funds for Automated License Plate Readers (ALPR) must have a written policy regarding use of the ALPR and related data retention. Subrecipients also must enter into a User Agreement with the Texas Department of Public Safety(DPS), Crime Records Division to gain access to the Texas Automated License Plate Reader(LPR) Database so that data may be shared among all participating local, state, and federal agencies. DPS Crime Records Division will provide written certification of your jurisdiction's participation upon request. Grantees must provide OOG with a copy of the certification received from DPS Crime Records Division. Information Technology 8.1 Accessibility Requirements If applicable, the grantee will comply with the State of Texas Accessibility requirements for Electronic 3 Grantee Standard Conditions and Responsibilities Office of the Governor and Information Resources specified in Title 1, Chapter 213 of the Texas Administrative Code when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable, the grantee shall provide the Texas Department of Information Resources (DIR) with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at 8.2 Criminal Intelligence.System Operating.Procedures Any information technology system funded or supported by these funds must comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies. Any grant-funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 CFR Part 23 at least once for each continuous two-year period that the person has responsibility for entering data into or retrieving data from an intelligence database. 8.3 Blocking Pornographic Material The recipient understands and agrees that-(a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 8.4 Cybersecurity Training Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Indirect Costs 9.1 Approved Indirect Cost Rate If indirect costs are allowable under an award, the Indirect Cost Budget Category will be available on the Budget tab. Grantees choosing to apply indirect costs to the award (except for those choosing to use a de minimis rate as described in 2 CFR § 200.414(f)) must have an approved indirect cost rate agreement with their cognizant agency (see 2 CFR § 200 Appendix III-VII for assigned cognizant agencies). A copy of the approval letter from the cognizant agency must be uploaded to the grant application for the grantee to be eligible for the indirect cost rate for the associated award. Grantee Standard Conditions and Responsibilities Office of the Governor The indirect cost rate cited in the budget denotes the approved indirect rate at the time the grant was awarded. It is the grantee's responsibility to ensure the appropriate indirect rate is charged throughout the term of the grant award even if the approved indirect rate expires or changes during the grant period. Indirect costs are subject to monitoring and the grantee must be able to produce evidence of an approved indirect cost rate upon request. 9.2 Cie Minirnis Rate In accordance with 2 CFR § 200.414(f) and TXGMS, grantees of federal or state funds that do not have a current negotiated (including provisional) rate may elect to charge a de minimis rate of 10% of modified total direct costs,which may be used indefinitely.A grantee that elects to use the de minimis indirect cost rate, must advise OOG in writing, in the grant application, before any such funds are obligated of its election, and must comply with all associated requirements in 2 CFR § 200.414(f) and TxG MS. 10 Audit and Records Requirements 10.1 Grantee.Subject to Audits The grantee understands and agrees that grantee is subject to relevant audit requirements present in state or federal law or regulation or by the terms of this award. For federally funded grants, audit requirements can be found in 2 CFR Part 200 or OMB Circular A-133. For state funded awards, audit requirements can be found in the TXGMS. 10.2 .Single Audit Requirements Any grantee expending more than $750,000 in state or $750,000 in federal funds in a fiscal year is subject to Single Audit Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements or the requirements in TXGMS. The audit must be completed and the data collection and reporting package described in 2 CFR 200.512 must be submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period,whichever is earlier. Grantees who are not required to have an audit for the grantee's fiscal year in which the state or federal awards were made or expended, shall so certify in writing to OOG.The grantee's chief executive officer or chief financial officer shall make the certification within 60 days of the end of the grantee's fiscal year. 10.3 Cooperation with Monitoring,Audits, and Records Requirements A. In addition to and without limitation on the other audit provisions of this Grant Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office or successor agency, may conduct an audit or investigation of the grantee or any other entity or person receiving funds from the State directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement. The acceptance of funds by the grantee or any other entity or person directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement acts as c� � :s C1ge 7 Grantee Standard Conditions and Responsibilities Office of the Governor acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee,to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, the grantee or another entity that is the subject of an audit or investigation by the State Auditor's Office shall provide the State Auditor's Office with prompt access to any information the State Auditor's Office considers relevant to the investigation or audit. The grantee further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. The grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the grantee and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of the grantee related to this Grant Agreement. This Grant Agreement may be amended unilaterally by OOG to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement Section 2262.154 of the Texas Government Code. B. The grantee agrees to comply with the grant monitoring guidelines, protocols, and procedures established by OOG and any federal funding agency, and to cooperate with OOG and any relevant federal agency generally, including on any compliance review or complaint investigation conducted by the Federal sponsoring agency or OOG and on all grant monitoring requests, including requests related to desk reviews and/or sitevisits. C. The grantee shall maintain adequate records that enable OOG and any relevant federal agency to complete monitoring tasks,including to verify all reporting measures, requests for reimbursements, and expenditure of match funds related to this Grant Agreement. The grantee shall maintain such records as are deemed necessary by OOG,the State Auditor's Office, other auditors of the State of Texas, the federal government or such other persons or entities designated or authorized by OOG to ensure proper accounting for all costs and performances related to this GrantAgreement. D. OOG may request documented proof of payment.Acceptable proof of payment includes, but is not necessarily limited to, a receipt or other documentation of a paid invoice, a general ledger detailing the specific revenue and expenditures, a monthly bank statement evidencing payment of the specific expenditure, bank reconciliation detail, copies of processed checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure to which the reimbursement relates. E. The grantee authorizes OOG, the State Auditor's Office, the Comptroller General, and any relevant federal agency, and their representatives, the right to audit, examine, and copy all paper and electronic records, books, documents, accounting procedures, practices, and any other requested records, in any form; relevant to the grant, the operation and management of the grantee, and compliance with this grant agreement and applicable state or federal laws and regulations; and will make them readily available upon request. The grantee will similarly permit access to facilities, personnel, and other individuals and information as may be necessary. F. If requested,the grantee shall submit to OOG a copy of its most recent independent financial audit. If requested, the grantee shall submit to OOG any audited financial statements, related management letters and management responses of grantee, and financial audit documents or portions thereof that are directly related to the grantee's performance of its obligations under this Grant Agreement. G. OOG may make unannounced monitoring visits at any time but will, whenever practical as determined at the sole discretion of OOG, provide the grantee with up to five (5) business days Grantee Standard Conditions and Responsibilities Office of the Governor advance notice of any such examination or audit. Any audit of records shall be conducted at the grantee's principal place of business and/or the location(s) of the grantee's operations during the grantee's normal business hours. The grantee shall provide to OOG or its designees, on the grantee's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone services and Internet connectivity, utilities, and office-related equipment and duplicating services as OOG or its designees may reasonably require to perform the audits described in this Grant Agreement. H. In addition to the information contained in the required reports,other information may be required as requested by OOG, including OOG asking for more information regarding project performance or funds expenditures. In the event OOG requires additional information regarding the information or data submitted, the grantee will promptly provide the additional information.The grantee also agrees to assist OOG in responding to questions and assisting in providing information responsive to any audit, legislative request, or other inquiry regarding the grant award. Upon the request of OOG, the grantee must submit to OOG any additional documentation or explanation OOG may desire to support or document the requested payment or report submitted under this Grant Agreement. I. If after a written request by OOG or a relevant federal agency,the grantee fails to provide required reports, information, documentation, or other information within reasonable deadlines set by OOG or the relevant federal agency, as required by this Grant Agreement, or fails to fulfil any requirement in this section, then OOG may consider this act a possible default under this Grant Agreement, and the grantee may be subject to sanctions including but not limited to,withholdings and/or other restrictions on the recipient's access to grant funds; referral to relevant agencies for audit review; designation of the recipient as a high-risk grantee; or termination of awards. J. The grantee agrees to hold any subcontractors or subgrantees to the provisions of this section and to require and maintain the documentation necessary to complete monitoring tasks performed by any subcontractor or subgrantee. The grantee shall ensure that this section concerning the authority to audit funds received indirectly by subcontractors through grantee and the requirement to cooperate is included in any subcontract it awards related to this grant. The grantee will direct any other entity, person, or contractor receiving funds directly under this Grant Agreement or through a subcontract under this Grant Agreement to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor that pertain to this Grant Agreement. 10.4 Requirement to Address Audit Findings If any audit, financial or programmatic monitoring, investigations, review of awards, or other compliance review reveals any discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations hereunder, the grantee agrees to propose and submit to OOG a corrective action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.The grantee's corrective action plan is subject to the approval ofOOG. OOG, at its sole discretion, may impose remedies as part of a corrective action plan, including, but not limited to: increasing monitoring visits; requiring that additional or more detailed financial and/or programmatic reports be submitted; requiring prior approval for expenditures; requiring additional technical or management assistance and/or making modifications in business practices; reducing the Grantee Standard Conditions and Responsibilities Office of the Governor grant award amount; and/or terminating this Grant Agreement. The foregoing are not exclusive remedies, and OOG may impose other requirements that OOG determines will be in the best interest of the State. The grantee understands and agrees that the grantee must make every effort to address and resolve all outstanding issues, findings, or actions identified by OOG (and/or, in the case of federally funded grant,a relevant federal agency)through the corrective action plan or any other corrective plan. Failure to promptly and adequately address these findings may result in grant funds being withheld, other related requirements being imposed,or other sanctions and penalties.The grantee agrees to complete any corrective action approved by OOG within the time period specified by OOG and to the satisfaction of OOG, at the sole cost of the grantee. The grantee shall provide to OOG periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or other compliance activity for which the grantee is responsible. 10.5 records Retention A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of grant funds, reporting measures, and funds received from OOG under this Grant Agreement. Audit trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared by the grantee to permit an audit of its accounting systems and payment verification with respect to the expenditure of any funds awarded under this Grant Agreement.The grantee's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify performance and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of payment information. B. The grantee must maintain fiscal records and supporting documentation for all expenditures resulting from this Grant Agreement pursuant to 2 CFR 200.333, TxGMS, and state law. 1. The grantee must retain these records and any supporting documentation until the third anniversary of the later date of (1) the submission of the final expenditure report, or (2) the resolution of all issues that arose from any litigation, claim, negotiation, audit, or administrative review involving the grant. 2. Records related to real property and equipment acquired with grant funds shall be retained for three (3)years after final disposition. 3. For all training and exercises paid for by this Grant, grantee must complete, deliver to the appropriate source, and then retain copies of all after-action reports and certificates of training completion for the time period specified in this Section. 4. OOG or the Federal Funding Agency may direct a grantee to retain documents for longer periods of time or to transfer certain records to OOG or federal custody when OOG or the Federal Funding Agency determines that the records possess long term retention value. 5. The grantee must give the Federal Funding Agency, the Comptroller General of the United States,the Texas State Auditor's Office, OOG,or any of their 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 grantee pertaining to this Grant including records concerning the past use of grant funds. Such rights to access shall continue as long as the records are maintained. The grantee must include the substance of this Section in all subcontracts. 3 3 Grantee Standard Conditions and Responsibilities Office of the Governor C. If the grantee collects personally identifiable information, it will have a publically-available privacy policy that describes what information it collects, how it uses the information, whether it shares the information with third parties, and how individuals may have their information corrected where appropriate. The grantee shall establish a method to secure the confidentiality of any records related to the grant program that are required to be kept confidential by applicable federal or state law or rules.This provision shall not be construed as limiting OOG's access to such records and other information under any provision of this Grant Agreement. 11 Prohibited and Regulated Activities and Expenditures 11.1 Inherently Religious Activities A grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may, of course, engage in inherently religious activities; however,these activities must be separate in time or location from the federally assisted program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. Grantees must also not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief in the delivery of services or benefits funded by the grant.These requirements apply to all grantees, not just faith-based organizations. 11.2 Political Activities Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: A. Unless specifically authorized to do so by federal law, grant recipients or their subgrantees or contractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying or advocating for legislative programs or changes; campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties; and voter registration or get-out-the-vote campaigns. Generally, organizations or entities which receive federal funds by way of grants, contracts, or cooperative agreements do not lose their rights as organizations to use their own, private, non-federal resources for"political" activities because of or as a consequence of receiving such federal funds.These recipient organizations must thus use private or other non-federal money, receipts, contributions, or dues for their political activities, and may not charge off to or be reimbursed from federal contracts or grants for the costs of such activities. B. Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. C. Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. D. Grant funds will not be used, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, without sc ge 32 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor the express prior approval of OOG and applicable federal funding agencies. If any non-grant funds have been or will be used in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, it will notify OOG to obtain the appropriate disclosure form. E. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore,grant funds may not be used to pay,on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a lobbyist. F. Grant funds—whether expended by the grantee or by any subgrantee or subcontractor—will not be used for political polling.This prohibition regarding political polling does not apply to a poll conducted by an academic institution as a part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. G. As applicable, the grantee will comply with 31 USC § 1352, which provides that none of the funds provided under an award may be expended by the grantee to pay any person to influence,or attempt to influence an officer or employee of any agency,a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. The grantee will include the language of this section in the award documents for all subawards at all tiers and will require all subrecipients to certify acco rdi ngly. 11.3 Generally Prohibited Expenditures The following items and activities are specifically prohibited from being funded under this Grant Agreement: A. Costs of advertising and public relations designed solely to promote the governmental unit; B. Costs of international travel'; C. Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities); D. Fundraising; E. Lobbying; F. Alcoholic beverages; G. Costs to support any activity that has as its objective funding of sectarian worship, instruction, or prose lytization; and H. Promotional items and memorabilia, including models, gifts, and souvenirs. In certain circumstances international travel may be allowed under the Homeland Security Grant Program with prior written approval from the US Department of Homeland Security,Federal Emergency Management Agency (FEMA). :,I c g e 33 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor 11.4 Acorn The grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN) or its subsidiaries, without the express prior written approval of OOG. 11.5 Prohibition on Certain Telecommunications and Video.Surveillance.Services or Equipment The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018), prohibits the purchase of certain telecommunications and video surveillance services or equipment from specified entities. For more information on this prohibition please refer to Public Law No. 115-232 at[��� x�o 12 Financial Requirements 12.1 Financial.Status Deports Financial Status Reports must be submitted to OOG via eGrants. Unless otherwise specified by OOG, Reports may be submitted monthly but must be submitted at least quarterly. Reports are due after each calendar quarter regardless of when the grant was awarded. Due dates are: 1. April 22 (January-March quarter) 2. July 22 (April-June quarter) 3. October 22 (July-September quarter) 4. January 22 (October-December quarter) A grant liquidation date will be established in eGrants. The final Financial Status Report must be submitted to OOG on or before the liquidation date or the grant funds may lapse and OOG will provide them as grants to others who need the funding. Payments will be generated based on expenditures reported in the reports. Upon OOG approval of the report, OOG will issue a payment through direct deposit or electronic transfer. 12.2 Approval of Financial.Status Deport Grant payments will be generated based on expenditures as reported in the Financial Status Reports in eGrants or, if authorized by OOG, through Advance Payment Requests. Upon OOG approval of a Financial Status Report or Advance Payment Request, a payment will issue through direct deposit or electronic transfer, though additional documentation may be required and this statement does not override other rules, laws or requirements. It is the policy of OOG to make prompt payment on the approval of a properly prepared and submitted Financial Status Report and any other required documentation. Grantee Standard Conditions and Responsibilities Office of the Governor 12.3 Reimbursements OOG will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable costs incurred and paid by the grantee pursuant to this Grant Agreement. Each item of expenditure shall be specifically attributed to the eligible cost category as identified in the Grant Budget.The Grant Budget is established as provided in eGrants and is the approved budget for the planned expenditure of awarded grant funds, with expenditures identified by approved cost category. OOG is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the commencement or after the termination of this Grant Agreement. By submission of a Financial Status Report,the grantee is warranting the following: (1)all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Grant Agreement; (3) that the amount of each new Financial Status Report added together with all previous Financial Status Reports do not exceed the Maximum Liability of OOG;and (5)the charges and expenses shown on the Request for Reimbursement are reasonable and necessary. 12.4 Generally Accepted Accounting Principles The grantee shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by the grantee. The grantee shall follow OOG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this Grant Agreement. 12.5 Program Income "Program income" means gross income received by the grantee or subgrantee directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. Unless otherwise required under the terms of this Grant Agreement, any program income shall be used by the grantee to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. Program income shall be used to offset the grant award. The grantee shall identify and report this income in accordance with OOG's reporting instructions. The grantee shall expend program income during the term of this Grant Agreement; program income not expended during the term of this Grant Agreement shall be refunded to OOG. 12.6 Refunds and Deductions If OOG determines that the grantee has been overpaid any grant funds under this Grant Agreement, including payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the grantee shall return to OOG the amount identified by OOG as an overpayment.The grantee shall refund any overpayment to OOG within thirty(30) calendar days of the receipt of the notice of the overpayment from OOG unless an alternate payment plan is specified by OOG. Grantee Standard Conditions and Responsibilities Office of the Governor 12.7 Liquidation Period The liquidation date is ninety(90)calendar days after the grant end date, unless otherwise noted in the original grant award or a grant adjustment. Funds not obligated by the end of the grant period and not expended by the liquidation date will revert to OOG. 12.8 Duplication of Funding If grantees receive any funding that is duplicative of funding received under this grant, they will notify OOG as soon as possible. OOG may issue an adjustment modifying the budget and project activities to eliminate the duplication. Further, the grantee agrees and understands that any duplicative funding that cannot be re-programmed to support non-duplicative activities within the program's statutory scope will be de-obligated from this award and returned to OOG. 12.9 .Supplanting Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated, allocated or disbursed for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. For additional information on supplanting, refer to the Guide to Grants at 13 Required Reports 13.1 Measuring, Reporting, and Evaluating Performance Grantees should regularly collect and maintain data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes specified in the program solicitation, or as otherwise specified by OOG. This evaluation includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by OOG or its designee. If requested by OOG, the grantee shall report on the progress towards completion of the grant project and other relevant information as determined by OOG.To remain eligible for funding,the grantee must be able to show the scope of services provided and their impact, quality, and levels of performance against approved goals, and that their activities and services effectively address and achieve the project's stated purpose. 13.2 Deport Formats,.Submissions, and Timelines The grantee shall provide to OOG all applicable reports in a format and method specified by OOG.The grantee shall ensure that it submits each report or document required by OOG in an accurate, complete, and timely manner to OOG or the Federal sponsoring agency, as specified by this Grant Agreement or OOG, and will maintain appropriate backup documentation to support the reports. "r �C 1 �-e;� e �7 b 1 7 Grantee Standard Conditions and Responsibilities Office of the Governor Unless filing dates are given herein, all other reports and other documents that the grantee is required to forward to OOG shall be promptly forwarded. 13.3 Failure to File Required Reports Failure to comply with submission deadlines for required reports, Financial Status Reports, or other requested information may result in OOG, at its sole discretion, placing the grantee on immediate financial hold without further notice to the grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If the grantee is placed on financial hold,OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time the grantee was placed on financial hold. ATTACHMENT B Statementof Grant Award(SOGA)._,...... ......... ............ .................. ................ .................. .................. .........,... ............... ............... ............... .................. ............ The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20,Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 3060407 Award Amount: $8,659,614.38 Date Awarded: 6/10/2022 Grantee Cash Match: $0.00 Grant Period: 05/01/2022-08/31/2023 Grantee In Kind $0.00 Match: Liquidation Date: 11/29/2023 Grantee GPI: $0.00 Program Fund: SA-Texas Anti-Gang(TAG)Program-HB Total Project Cost: $8,659,614.38 Grantee Name: Texas Department of Public Safety Project Title: San Antonio Texas Anti-Gang Center Grant Manager: James Ziehl Unique Entity Identifier FMLYYM3GNG81 (UEI): CFDA: N/A Federal Awarding Agency: Federal Award Date: N/A-State Funds Federal/State Award ID 2022-TA-ST-0001 Number: Total Federal Award/State Funds $180,000,000.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Homeland Security Grants Division(HSGD) Is the Award R&D: No Federal/State Award The purpose of the TAG Program is to support strategic partnerships and targeted,regional, Description: multidisciplinary approaches to successfully combat gang violence through the coordination of gang prevention,intervention,and suppression activities. F ATTACHMENT B Office of the Governor Public JusticeCriminal Homeland Security Grants Division Grantee Standard Condi"N"ons and Responsibilities September 2021 Grantee Standard Conditions and Responsibilities Office of the Governor About This Document In this document, grantees (also referred to as subrecipients) will find state and federal requirements and conditions applicable to grant funds administered by the Office of the Governor (OOG). These requirements and conditions are incorporated into the Grant Agreement accepted by a grant's Authorized Official. These requirements are in addition to those that can be found on the eGrants system— including the Grant Application and Grant Award—or in documents identified there,to which grantees agreed when applying for and accepting the grant. Other state and federal requirements and conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code; Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code;the Texas Grant Management Standards (TxGMS) published by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made; for federal funding, the Funding Announcement or Solicitation under which OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice(DOJ),the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the grantee. It is important for grantees to review all of these policies to successfully manage their grant, maintain eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result in the revocation of funding or other actions. For clarification or further information, please see the Guide to Grants and other support materials at or contact the grant manager assigned to the relevant grant. If no grant manager has been assigned, please contact the eGrants help desk via email at: eGrants@ov.texas. ov, or via telephone at: (512)463-1919 or dial 7-1-1 for relay services. Grantee Standard Conditions and Responsibilities Office of the Governor ably of Contents AboutThis Document......................................................................................................................................................1 1 Grant Agreement Requirements and Conditions.................................................................................................5 1.1 Applicability of Grant Agreement and Provisions....................................................................................5 1.2 Legal Authority to Apply................................................................................................................................5 1.3 Amendments and Changes to the Grant Agreement................................................................................5 1.4 General Responsibility....................................................................................................................................6 1.5 Terms and Conditions......................................................................................................................................6 1.6 Special Conditions............................................................................................................................................6 1.7 Public Information.............................................................................................................................................6 1.8 Remedies for Non-Compliance......................................................................................................................7 1.9 False Statements by Grantee........................................................................................................................8 1.10 Conflict of Interest Safeguards......................................................................................................................8 1.11 Fraud, Waste, and Abuse..............................................................................................................................9 1.12 Dispute Resolution.......................................................................................................................................... 10 1.13 Funds Limited by Agreement and Subject to Availability..................................................................... 11 1.14 Termination of the Agreement.................................................................................................................... 11 1.15 Communication with Grantee...................................................................................................................... 12 1.16 Limitation of Liability.................................................................................................................................... 12 1.17 Liability for Taxes......................................................................................................................................... 12 1.18 Force Majeure................................................................................................................................................ 13 1.19 Debt to State.................................................................................................................................................. 13 1.20 Grantee an Independent Contractor......................................................................................................... 13 1.21 No Assignment of Rights or Obligations................................................................................................... 13 1.22 Funds Are for Sole Benefit of Grantee..................................................................................................... 14 1.23 Permission for Use of OOG Name and Labeling................................................................................... 14 1.24 Acknowledgement of Funding and Disclaimer......................................................................................... 14 1.25 Royalty-Free License..................................................................................................................................... 14 1.26 Project Period................................................................................................................................................. 15 1.27 Project Commencement................................................................................................................................ 15 1.28 Project Close Out........................................................................................................................................... 15 1.29 Federal Program Laws, Rules, and Guidelines........................................................................................ 15 1.30 Applicability of Part 200 Uniform Requirements for Federally Funded Awards............................ 16 1.31 Required State Assurances.......................................................................................................................... 16 2 Organizational Eligibility...................................................................................................................................... 16 Grantee Standard Conditions and Responsibilities Office of the Governor 2.1 Good Standing for Eligible Grantees....................................................................................................... 16 2.2 System for Award Management (SAM) Requirements.......................................................................... 17 2.3 Criminal History Reporting.......................................................................................................................... 18 2.4 Uniform Crime Reporting............................................................................................................................. 18 2.5 Immigration Related Matters...................................................................................................................... 18 2.6 E-Verify........................................................................................................................................................... 19 2.7 Deceptive Trade Practices Violations........................................................................................................ 19 2.8 Hurricane Contract Violations..................................................................................................................... 19 2.9 Terminated Contracts.................................................................................................................................... 19 2.10 Special Requirements for Units of Local Government............................................................................20 2.11 Special Requirements for Non-Profit Grantees.......................................................................................20 2.12 Special Requirements for Facilities or Entities that Collect Sexual Assault/Sex Offense Evidence or Investigates/Prosecutes Sexual Assault or other Sex Offenses....................................................................21 2.13 Firearm Suppressor Regulation..................................................................................................................21 2.14 Enforcement of Public Camping Bans........................................................................................................21 2.15 Prohibition on Agreements with Certain Foreign-Owned Companies in Connection with Critical Infrastructure................................................................................................................................................................ 21 3 Civil Rights................................................................................................................................................................ 21 3.1 Compliance with Civil Rights and Nondiscrimination Requirements.....................................................21 3.2 Limited English Proficiency...........................................................................................................................23 3.3 Equal Employment Opportunity Plan........................................................................................................23 4 Personnel.................................................................................................................................................................. 23 4.1 Overtime......................................................................................................................................................... 23 4.2 Notification of Grant-Contingent Employees...........................................................................................24 5 Travel........................................................................................................................................................................ 24 5.1 Travel Policies................................................................................................................................................ 24 6 Contracts and Procurement................................................................................................................................... 24 6.1 Procurement Practices and Policies............................................................................................................24 6.2 Subcontracting...............................................................................................................................................24 6.3 Buy Texas........................................................................................................................................................25 6.4 Contract Provisions Under Federal Awards.............................................................................................25 7 Equipment Requirements.......................................................................................................................................25 7.1 Property Management and Inventory.......................................................................................................25 7.2 Maintenance and Repair............................................................................................................................. 26 7.3 Automated License Plate Readers............................................................................................................. 26 8 Information Technology......................................................................................................................................... 26 8.1 Accessibility Requirements...........................................................................................................................26 Grantee Standard Conditions and Responsibilities Office of the Governor 8.2 Criminal Intelligence System Operating Procedures..............................................................................27 8.3 Blocking Pornographic Material.................................................................................................................27 8.4 Cybersecurity Training.................................................................................................................................27 9 Indirect Costs...........................................................................................................................................................27 9.1 Approved Indirect Cost Rate......................................................................................................................27 9.2 De Minimis Rate.............................................................................................................................................28 10 Audit and Records Requirements....................................................................................................................28 10.1 Grantee Subject to Audits...........................................................................................................................28 10.2 Single Audit Requirements........................................................................................................................... 28 10.3 Cooperation with Monitoring, Audits, and Records Requirements.......................................................28 10.4 Requirement to Address Audit Findings.................................................................................................... 30 10.5 Records Retention.......................................................................................................................................... 31 11 Prohibited and Regulated Activities and Expenditures..............................................................................32 11.1 Inherently Religious Activities...................................................................................................................... 32 11.2 Political Activities........................................................................................................................................... 32 11.3 Generally Prohibited Expenditures........................................................................................................... 33 11.4 Acorn................................................................................................................................................................ 34 11.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment..........34 12 Financial Requirements...................................................................................................................................... 34 12.1 Financial Status Reports............................................................................................................................... 34 12.2 Approval of Financial Status Report.........................................................................................................34 12.3 Reimbursements.............................................................................................................................................. 35 12.4 Generally Accepted Accounting Principles.............................................................................................. 35 12.5 Program Income............................................................................................................................................. 35 12.6 Refunds and Deductions............................................................................................................................... 35 12.7 Liquidation Period......................................................................................................................................... 36 12.8 Duplication of Funding.................................................................................................................................. 36 12.9 Supplanting.................................................................................................................................................... 36 13 Required Reports............................................................................................................................................... 36 13.1 Measuring, Reporting, and Evaluating Performance.............................................................................36 13.2 Report Formats, Submissions, and Timelines............................................................................................. 36 13.3 Failure to File Required Reports................................................................................................................. 37 Grantee Standard Conditions and Responsibilities Office of the Governor Grant Agreement Requirements and Conditions 1.1 Applicability of Grant Agreement and Provisions The Grant Agreement is intended to be the full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings,agreements, promises, representations,terms and conditions, both oral and written, are superseded and replaced by this Grant Agreement. If any term or provision of this Grant Agreement is found to be invalid or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The invalid term or invalid provision shall be deemed severable and stricken from the Grant Agreement as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations pertaining to the grant close-out, maximum liability of OOG, cooperation and provision of additional information, return of grant funds, audit rights, records retention, public information, disclaimers and limitation of liability, indemnification, and any other provision implying survivability shall remain in effect after the expiration or termination of this Grant Agreement. 1.2 Legal Authority to Apply The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been or will be duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 1.3 Amendments and Changes to the Grant Agreement OOG and the grantee may agree to make adjustments to the grant budget and detailed budget as documented in eGrants. Adjustments include, but are not limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or categories, or changing funds in any awarded cost items or category or changing grant officials. OOG, at its sole discretion, and upon written notice by OOG to the grantee of any proposed adjustment,and after the grantee has had an opportunity to respond to the proposed adjustment, may adjust the grantee's Budget, Grant Narrative, Special Conditions, Period of Performance,and/or any other items as deemed appropriate by OOG, at any time, during the term of this Grant Agreement. The grantee has no right or entitlement to reimbursement with grant funds. OOG and grantee agree that any act, action or representation by either Party, their agents or employees that purports to waive or alter the terms of the Grant Agreement or increase the maximum liability of OOG is void unless a written amendment to this Grant Agreement is first executed and documented in eGrants.The grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of OOG in excess of the "Maximum Liability of the OOG" as set forth in the Statement of Grant Award (SOGA). Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in eGrants to be binding upon the Parties. 37 Grantee Standard Conditions and Responsibilities Office of the Governor 1.4 General Responsibility The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project; accountability for all funds awarded; and compliance with OOG administrative rules, policies and procedures, and applicable federal and state laws and regulations. Grant funds may be used only for the purposes in the grantee's approved application. The recipient shall not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with grant funds, without prior written approval from OOG. The grantee will maintain an appropriate financial management and grant administration system to ensure that all terms, conditions and specifications of the grant are met. 1.5 Terms and Conditions The grantee will comply with the terms and conditions as set forth and required in the funding announcement under which the approved application was submitted, the application, and award in eGrants. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, the grantee remains responsible for complying with these terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with the grant agreement.The failure of OOG to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of OOG's right to demand strict compliance in the future. No consent or waiver, express or implied,to or of any breach or default in the performance of any obligation under this grant agreement shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this grant agreement. To the extent the terms and conditions of this grant agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the grant agreement. 1.6 .Special Conditions Special Conditions may be imposed by OOG, at its sole discretion and at any time, without amending this Grant Agreement. Failure by OOG to provide notice does not absolve grantee of compliance with any special conditions. OOG may place grantee on immediate financial hold, without further notice, until all Special Conditions, if any, are met. 1.7 Public Information Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that the State of Texas,OOG, and this Grant Agreement are subject to the Texas Public Information Act, Grantee Standard Conditions and Responsibilities Office of the Governor Texas Government Code Chapter 552(the"PIA").The grantee acknowledges that OOG will comply with the PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas. The grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to OOG, is subject to the PIA, whether created or produced by the grantee or any third party,and the grantee agrees that information not otherwise excepted from disclosure under the PIA,will be available in a format that is accessible by the public at no additional charge to OOG or State of Texas. The grantee will cooperate with OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of the grantee under, pursuant to,or in connection with this Grant Agreement that the grantee considers proprietary, financial, trade secret, or otherwise confidential information (collectively"Confidential Information") shall be designated as such when it is provided to OOG or State of Texas or any other entity in accordance with this Grant Agreement. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information may not render the whole of the information confidential. Any information which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. OOG agrees to notify the grantee in writing within a reasonable time from receipt of a request for information covering the grantee's Confidential Information. OOG will make a determination whether to submit a Public Information Act request to the Attorney General. The grantee agrees to maintain the confidentiality of information received from OOG or State of Texas during the performance of this Grant Agreement, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information and social security numbers. The grantee must immediately notify and provide a copy to OOG of any Public Information Request or other third-party request for the disclosure of information it receives related to this Grant award. 1.8 Remedies for Non-Compliance If OOG determines that the grantee materially fails to comply with any term of this grant agreement, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or any other applicable requirement, OOG, in its sole discretion and consistent with any applicable OOG Administrative Rules, may take actions including: 1. Temporarily withholding cash payments pending correction of the deficiency or more severe enforcement action by OOG; 2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; 3. Disallowing claims for reimbursement; 4. Wholly or partially suspending or terminating this grant; 5. Requiring return or offset of previous reimbursements; 6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered by OOG until repayment to OOG is made and any other compliance or audit finding is satisfactorily resolved; 7. Reducing the grant award maximum liability of OOG; Grantee Standard Conditions and Responsibilities Office of the Governor 8. Terminating this Grant Agreement; 9. Imposing a corrective action plan; 10. Withholding further awards;or 11. Taking other remedies or appropriate actions. The grantee costs resulting from obligations incurred during a suspension or after termination of this grant are not allowable unless OOG expressly authorizes them in the notice of suspension or termination or subsequently. OOG, at its sole discretion, may impose sanctions without first requiring a corrective action plan. 1.9 False.Statements by Grantee By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties, guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall submit a false claim for payment. If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false or if the grantee signs or executes the grant agreement with a false statement or it is subsequently determined that the grantee has violated any of the statements, representations, warranties, guarantees,certifications or affirmations included in this grant agreement,then OOG may consider this act a possible default under this grant agreement and may terminate or void this grant agreement for cause and pursue other remedies available to OOG under this grant agreement and applicable law. False statements or claims made in connection with OOG grants may result in fines, imprisonment,and debarment from participating in federal grants or contract, and/or other remedy available by law, potentially including the provisions of 38 USC§§3801-3812,which details the administrative remedies for false claims and statements made. 1.10 Conflict of Interest.Safeguards The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,whether for themselves or others, particularly those with whom they have family, business,or other ties. The grantee will operate with complete independence and objectivity without actual, potential, or apparent conflict of interest with respect to its performance under this Grant Agreement. The grantee must disclose, in writing, within fifteen (15) calendar days of discovery, any existing, actual or potential conflicts of interest relative to its performance under this Grant Agreement. The grantee is and shall remain in compliance during the term of this Grant Agreement with Texas Government Code, Section 669.003, Contracting with Executive Head of State Agency; and Section 572, Employment of Former State Officer or Employee of State Agency. The grantee certifies that it is not ineligible to receive this Grant Agreement under Texas Government Code, section 2155.004, regarding the financial participation by a person who received compensation from OOG or another state agency to participate in preparing the specifications or request for proposals on which the bid or contract is based, and acknowledges that this Grant Agreement may be terminated and payment withheld if this certification is inaccurate. Grantee Standard Conditions and Responsibilities Office of the Governor The grantee has not given or offered to give, nor does the grantee intend to give at any time hereafter, any economic opportunity,future employment,gift, loan,gratuity,special discount,trip,favor,or service to a public servant or employee of OOG, at any time during the award of this grant or in connection with this Grant Agreement, except as allowed under relevant state or federal law. The grantee nor its personnel or entities employed in rendering services under this grant agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of the grantee's obligations under this grant agreement. 1.11 Fraud, Waste, and Abuse A. The grantee understands that OOG does not tolerate any type of fraud, waste, or misuse of funds received from OOG. OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken.The grantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies provided under an award, and civil and/or criminal penalties. In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from OOG that is made against the grantee, the grantee is required to immediately notify OOG of said allegation or finding and to continue to inform OOG of the status of any such on- going investigations. The grantee must also promptly refer to OOG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds that violates the False Claims Act; or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest, bribery,gratuity,or similar misconduct involving award funds. Grantees must also immediately notify OOG in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify OOG in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits, or indictments to OOG. If a federal or state court or administrative agency renders a judgement or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgement or order to OOG. The grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to OOG's Fraud Coordinator or Ethics Advisor at (512) 463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin,Texas 78711. B. Restrictions and certifications regarding non-disclosure agreements and related matters. No grantee or subgrantee under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information),37 Grantee Standard Conditions and Responsibilities Office of the Governor Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient: a. Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above;and b. Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to OOG, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that federal agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants") or procurement contracts, or both: a. It represents that: i. It has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above;and ii. It has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation;and b. It certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to OOG, and will resume (or permit resumption of) such obligations only if expressly authorized to do so byOOG. These provisions apply to all grantees and subgrantees or subcontractors. 1.12 Dispute Resolution The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will make a good faith attempt to informally resolve any disputes. Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or approved in writing by OOG, the grantee shall continue performance and shall not be excused from performance during the period any breach of Grant Agreement claim or dispute is pending. The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to g e 10 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor this Grant Agreement,without regard to any otherwise applicable conflict of law rules or requirements. Venue for any grantee-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court,Western District of Texas-Austin Division.Venue for any OOG-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be commenced in a Texas state district court or a United States District Court selected by OOG in its sole discretion. The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation.The grantee hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that the grantee is not personally subject to the jurisdiction of the above-named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 1.13 Funds Limited by Agreement and.Subject to Availability The grantee agrees that nothing in this grant will be interpreted to create an obligation or liability of OOG in excess of the funds delineated in this grant.The grantee agrees that funding for this grant is subject to the actual receipt by OOG of grant funds (state and/or federal) appropriated to OOG for the grant program.The grantee agrees that the grant funds, if any, received from OOG may be limited by the term of each state biennium and by specific appropriation authority to and the spending authority of OOG for the purpose of this grant.The grantee agrees that notwithstanding any other provision of this grant, if OOG is not appropriated the funds or if OOG does not receive the appropriated funds for this grant program, or if the funds appropriated to OOG for this grant program are required to be reallocated to fund other federal or state programs or purposes, OOG is not liable to pay the grantee the maximum liability amount specified in the SOGA or any other remaining balance of unpaid funds. If OOG or the program fund becomes subject to legislative change, revocation of statutory authority, lack of appropriated funds, or unavailability of funds which would render performance under this grant agreement impossible, this grant agreement may be immediately terminated without recourse, liability, or penalty against OOG upon written notice to grantee. 1.14 Termination of the Agreement OOG may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty against OOG, upon written notice to grantee. In the event grantee fails to perform or comply with an obligation or a term, condition or provision of this Grant Agreement, OOG may, upon written notice to grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such notification of Termination for Cause will state the effective date of such termination,and if no effective date is specified,the effective date will be the date of the notification. OOG and grantee may mutually agree to terminate this Grant Agreement. OOG in its sole discretion will determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed grant funds. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law,or under this Grant Agreement. Following termination by OOG,grantee shall continue to be obligated to OOG for the return of grant funds in accordance with applicable provisions Grantee Standard Conditions and Responsibilities Office of the Governor of this Grant Agreement. In the event of termination under this Section, OOG's obligation to reimburse grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs determined by OOG in its sole discretion to be reasonable and necessary to cost-effectively terminate the grant.Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration. 1.15 Communication with Grantee Notice may be given to the grantee via eGrants, email, hand-delivery, delivery service, or United States Mail. Notices to the grantee will be sent to the name and address supplied by grantee in eGrants. 1.16 Limitation of Liability To the extent allowed by law, the grantee agrees to indemnify and hold harmless OOG, the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands or suits whatsoever, including any litigation costs, attorneys'fees, and expenses, relating to tax liability, unemployment insurance and/or workers' compensation in grantee's performance under this grant agreement. The grantee shall be liable to pay all costs of defense including attorneys' fees. The defense shall be coordinated by grantee with OOG and the Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from OOG and the Office of the Attorney General. The grantee and OOG agree to furnish timely written notice to each other of any such claims. The grantee further agrees to indemnify and hold harmless,to the extent allowed by law,the OOG,the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands, or suits, whatsoever, including any litigation costs, attorneys' fees, and expenses, that arise from any acts or omissions of grantee or any of its officers, employees, agents, contractors, and assignees, relating to this grant agreement regardless of whether the act or omission is related to this grant agreement. The defense shall be coordinated by grantee, OOG and the Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from OOG and the Office of the Attorney General. The grantee and OOG agree to furnish timely written notice to each other of any such claims. The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by OOG, its officers, employees, agents, or contractors or the State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that OOG or the State of Texas may have by operation of law. 1.17 Liability for Taxes The grantee agrees and acknowledges that grantee shall be entirely responsible for the liability and payment of grantee's and grantee's employees'taxes of whatever kind,arising out of the performances in this Grant Agreement.The grantee agrees to comply with all state and federal laws applicable to any Grantee Standard Conditions and Responsibilities Office of the Governor such persons, including laws regarding wages, taxes, insurance, and workers' compensation. OOG and/or the State of Texas shall not be liable to the grantee, its employees, agents, or others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation or any benefit available to a state employee or employee of OOG. 1.18 Force Majeure Neither the grantee nor OOG shall be required to perform any obligation under this Grant Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Each Party must inform the other in writing, with proof of receipt,within three(3) business days of the existence of such force majeure,or otherwise waive this right as a defense. 1.19 Debt to.State The grantee agrees, to the extent grantee owes any debt (child support or other obligation) or delinquent taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent taxes are paid in full. 1.20 Grantee an Independent Contractor The grantee expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of grantee be considered an employee, agent, servant,joint venturer,joint enterpriser or partner of OOG or the State of Texas.The grantee is not a "governmental body"solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. All persons furnished, used, retained, or hired by or on behalf of the grantee or any of the grantee's contractors shall be considered to be solely the employees or agents of the grantee or the grantee's contractors. The grantee or grantee's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee,and other payroll taxes for such persons, including any related assessments or contributions required by law. The grantee agrees to take such steps as may be necessary to ensure that each contractor of the grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OOG or the State of Texas. The grantee is responsible for all types of claims whatsoever due to actions or performance under this Grant Agreement, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees,volunteers or any third parties. 1.21 No Assignment of Fights or Obligations The grantee may not assign this Grant Agreement or any of its rights or obligations under this Grant Agreement to any third party or entity. Any attempted assignment without OOG's prior written consent is void and may result in the termination of this Grant Agreement. Grantee Standard Conditions and Responsibilities Office of the Governor 1.22 Funds Are for Sole Benefit of Grantee It is expressly agreed that any solicitation for or receipt of funds of any type by the grantee is for the sole benefit of the grantee and is not a solicitation for or receipt of funds on behalf of OOG or the Governor of the State of Texas. 1.2.3 Permission for Use of 00G'Name and Labeling Other than the required statements listed in this document, grantee shall not use OOG's name or refer to OOG directly or indirectly in any media release, public service announcement, or public service disclosure relating to this Grant Agreement or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from OOG.This Section is not intended to and does not limit the grantee's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act.This Section is not intended to and does not limit OOG's duties and obligations to report this Grant Agreement, any grant payments made under this Grant Agreement, any contract compliance or performance information or other state or federal reporting requirements applicable to OOG. 1.24 Acknowledgement of Funding and Disclaimer All publications, including websites, produced in full or in part with grant funds awarded by OOG must include an acknowledgement of the funding and a disclaimer of non-endorsement by the funding agency. In general, no publication may convey OOG's or any federal funding agency's(i.e. DOJ or FEMA) official recognition or endorsement of the recipient's project simply based on having received funding. For websites, the acknowledgement should be present somewhere on all major entry pages. Acknowledgement language for grants made through state fund sources is below and language for grants made through specific federal fund sources is included within the fund specific conditions memo. For any state grant program: "This [website/report/study/project/etc.] is funded [insert "in part", if applicable] through a grant from the Public Safety Office of the Texas Office of the Governor. Neither the Office of the Governor nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." 1.25 Loyalty-Free License Pursuant to 2 CFR 200.315(b),the grantee may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. OOG (and the federal funding agency, if the work is funded with a federal grant) reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works),for state (or Federal) purposes: A. Any work subject to copyright developed under an award or subaward;and B. Any rights of copyright to which a grantee or subgrantee or subcontractor purchases ownership with state (or Federal)support. The recipient acknowledges that OOG (and the federal funding agency) have the right to:"r g e 14 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor A. Obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and B. Authorize others to receive, reproduce, publish or otherwise use such data for state(or federal) purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data-general). It is the responsibility of the grantee (and of each subgrantee or subcontractor if applicable) to ensure that this condition is included in any subaward under this award.The grantee has the responsibility to obtain from subgrantees, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subgrantee contractor, or subcontractor refuses to accept terms affording the Government such rights, the grantee shall promptly bring such refusal to the attention of the OOG program manager for the award and not proceed with the agreement in question without further authorization from OOG. 1.26 Project Period The performance period for this Grant is listed on the Statement of Grant Award. All goods must be obligated and all services must be received within the performance period. OOG will not be obligated to reimburse expenses incurred after the performance period. 1.27 Project Commencement The grantee must take reasonable steps to commence project activities upon receiving notice of a grant award. If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a statement to OOG explaining the implementation delay. Upon receipt of the 90-day letter, OOG may cancel the project and redistribute the funds to other project areas. OOG may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90-day period. 1.28 Project Close Out OOG will close-out the grant award when it determines that all applicable administrative actions and all required work of the Grant have been completed by the grantee. The grantee must submit all financial, performance, and other reports as required by the terms and conditions of the grant award. Submission of the final Financial Status Report will initiate grant close out with OOG. The grantee must promptly refund any balances of unobligated cash that OOG paid in advance or paid and that are not authorized to be retained by the grantee for use in other projects. 1.29 Federal Program Lanus, Mules, and Guidelines The grantee must comply with applicable provisions of federal and state law and regulations, terms and conditions applicable to the federal awards providing funding for the grant award, and any applicable program guidelines, which may include: A. The Omnibus Crime Control and Safe Streets Act of 1968(as amended -42 U.S.0 3711 etseq.));; Grantee Standard Conditions and Responsibilities Office of the Governor B. Victims of Crime Act(VOCA) program guidelines, including the VOCA Final Rule effective August 8, 2016 and included in 28 CFR 94; C. Violence Against Women Act (VAWA) relevant statutory and regulatory requirements, including the Violence Against Women Act of 1994(P.L., 103-322),the Violence Against Women Act of 2000 (P.L. 106-386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), the Violence Against Women Reauthorization Act of 2013 (P.L. 113- 4), the Office on Violence Against Women's (OVW) implementing regulations at 28 CFR Part 90, OVW's general terms and conditions available at (these do not supersede any specific conditions in the grant agreement), and the financial and administrative requirements set forth in the current edition of the Office on Violence Against Women (OVW) Financial Grants Management Guide; D. The provisions of the current edition of the Department of Justice Grants Financial Guide; E. If the grantee uses grant funds to undertake research involving human subjects, the grantee may be subject to Department of Justice(DOJ)Office of Justice(OJP) policies and requirements adopted by OOG related to human subjects found in 28 CFR Part 46; F. Section 2002 of the Homeland Security Act of 2002, as amended (P.L. 107-296) (6 U.S.C. §603); G. If grantee receives a grant award in excess of$150,000, it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). Any subgrants or contracts made by the grantee in excess of$150,000 must contain this provision. H. All other applicable Federal laws, orders, circulars, or regulations. 1.30 Applicability of Fart 200 Uniform Requirements for Federally Funded Awards The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200 apply to any grants funded through an award from a Federal agency. 1.31 Required.State Assurances The grantee must comply with the applicable State Assurances included within TxGMS, which are incorporated here by reference in the award terms and conditions. Organizational Eligibility 2.1 Good.Standing for Eligible Grantees A. The grantee is in good standing under the laws of the State in which it was formed or organized, and has provided OOG with any requested or required documentation to support this certification. B. The grantee agrees to remain in good standing with any state or federal governmental bodies related to the grantee's right to conduct its business in Texas, including but not limited to the Texas Secretary of State and the Texas Comptroller of Public Accounts, as applicable. Grantee Standard Conditions and Responsibilities Office of the Governor C. The grantee owes no delinquent taxes to any taxing unit of this State as of the effective date of this Grant Agreement. D. The grantee is non-delinquent in its repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 for additional information and guidance. E. The grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to perform its obligations under this Grant Agreement, without costs toOOG. F. The grantee is currently in good standing with all licensing, permitting or regulatory bodies that regulate any or all aspects of grantee's business or operations. G. The grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. H. The grantee shall comply with any applicable federal, state, county, local and municipal laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with its obligations under this Grant Agreement. I. The grantee does not have any existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. 2.2 .System for Award Management(SAM) Requirements A. The grantee agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB and, if applicable, the federal funding agency). These requirements include maintaining current registrations and the currency of the information in SAM. The grantee will review and update information at least annually until submission of the final financial report required under the award or receipt of final payment, whichever is later,as required by 2 CFR Part 25. B. Applicable to this Grant Agreement is the President's Executive Order(EO) 13224, Executive Order on Terrorist Financing-Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Y g (SAM), ."' .V'.`:.. ./. r„nr.nr.. ..S..I::i::N..., p„a„ir, which is inclusive Administration's System for Award Management SAM l..!.......... of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. C. The grantee will comply with Executive Orders 12549 and 12689 that requires "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 1986 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. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing business with that vendor. D. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the grantee is in compliance with the State of Texas "r g e 17 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor statutes and rules relating to procurement and that the grantee is not listed on the federal government's terrorism watch list as described in Executive Order13224. 2.3 Criminal History Reporting Counties or other governmental entities required to maintain and report criminal history records per the Texas Code of Criminal Procedure, Ch. 60, must maintain compliance with that statute and Governor's Executive Order GA-07, Order 8, in order to obtain or maintain eligibility for OOG grant funds. 2.4 Uniform Crime Reporting Local units of governments operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety(DPS) for inclusion in the annual Crime in Texas (CIT) publication.To maintain eligibility for funding, grantees must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, grantees are required to submit complete and accurate UCR data, as well as the Texas-mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 2.5 Immigration Related Matters Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS")to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, counties and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten)that would: (1) require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or(2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or§ 1366(3). Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code which prohibits local entity or campus police departments from: (1) adopting, enforcing, or endorsing a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws; (2) as demonstrated by pattern or practice, prohibiting or materially limiting the enforcement of immigration laws; or(3) for an entity that is a law enforcement agency or for a department, as demonstrated by pattern or practice, intentionally violate Article 2.251, Code of Criminal Procedure. Grantee Standard Conditions and Responsibilities Office of the Governor 2.6 E-Verify A. The grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("IRCA") regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement, if any, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") enacted on September 30,1996. B. The grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: 1. All persons employed to perform duties within Texas, during the term of the Grant;and 2. All persons employed or assigned by the grantee to perform work pursuant to the Grant Agreement, within the United States of America. If this certification is falsely made, the Grant Agreement may beterminated. C. If applicable, grantee will comply with Executive Order RP-80 regarding the U.S. Department of Homeland Security's E-Verify system. 2.7 Deceptive Trade Practices Violations The grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the grantee has not been found to be liable for such practices in such proceedings. The grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit,and that such officers have not been found to be liable for such practices in such proceedings. The grantee shall notify OOG in writing within five (5) calendar days if grantee or any of its officers are subject to allegations of Deceptive Trade Practices or are the subject of alleged violations of any unfair business practices in an administrative hearing or court suit, and that the grantee or officers have been found to be liable for such practices in such proceedings. 2.8 Hurricane Contract Violations Texas law prohibits OOG from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, Hurricane Harvey, or any other disaster, as defined by section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under section 2155.006 and 2261.053 of the Texas Government Code, the grantee certifies that the entity named in this Grant Agreement is not ineligible from entering into this Grant Agreement and acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate orfalse. 2.9 Terminated Contracts The grantee has not had a contract terminated or been denied the renewal of any contract fornon- "r g e 19 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor compliance with policies or regulations of any state or federally funded program within the past five (5)years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have such a terminated contract,the grantee shall identify the contract and provide an explanation for the termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate or false. 2.10 .Special Requirements for Units of Local Government Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: A. Texas General Appropriations Act, Art. IX, Parts 2, 3, and 5, except there is no requirement for increased salaries for local government employees; B. 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; C. 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 grantee may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 2.11 .Special Requirements for Non-Profit Grantees Each non-profit corporation receiving funds from OOG must obtain and have on file a blanket fidelity bond that indemnifies OOG against the loss or theft of the entire amount of grant funds, including matching funds.The fidelity bond should cover at least the OOG grant period. By accepting funds under this award, any non-profit grantee certifies and affirmatively asserts that it is a non-profit organization and that it keeps on file, and is available upon audit, either: A. A copy of the recipient's 501(c)(3) designation letter; B. A letter from the State of Texas stating that the recipient is a non-profit organization operating within Texas; or C. A copy of the grantee's Texas certificate of incorporation that substantiates its non-profitstatus. Grantees that are local non-profit affiliates of state or national non-profits should have available proof of (1), (2), or (3), and a statement by the state or national parent organization that the recipient is a local non-profit affiliate. Non-profit recipients of Victims of Crime Act(VOCA)funding that are not a 501(c)(3)organization finally certified by the Internal Revenue Service must make their financial statements available online. Church, mosque, and synagogue recipients of Nonprofit Security Grant Program funding are not required to apply for and receive a recognition of exemption under section 501(c)(3). Such organizations are automatically exempt if they meet the requirements of section 501(c)(3). Grantee Standard Conditions and Responsibilities Office of the Governor 2.12 Special Requirements for Facilities or Entities that Collect Sexuo/Assou/t/Sex Offense Evidence or /nvestigo&c4/Prosecu&cs Sexual Assault or other Sex Offenses Texas Government Code, Section 420.034, requires any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected,to participate in a statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. Failure to comply with the requirements of Chapter 420, Subchapter B or Subchapter B-1, of the Texas Government Code may be used to determine ongoing eligibility for receiving OOG grant funds. 2.13 Firearm Suppressor Regulation Texas Government Code, Section 2.103, prohibits state agencies, municipalities, counties, special districts or authorities, as defined in Section 2.101of the Texas Government Code, from receiving state grant funds if the entity adopts a rule, order, ordinance, or policy that enforces or allows the enforcement of a federal law that purports to regulate a firearm suppressor if the federal statute, order, rule or regulation imposes prohibition, restriction, or other regulation that does not exist under the laws of the State ofTexas. 2.14 Enforcement qf Public Camping Bons Texas Government Code, Section 364.004, prohibits municipalities orcounties, as defined in Section 364.001 of the Texas Government Code, from receiving state grant funds if a judicial determination is made that the local entity adopts or enforces a policy, as described in Section 364.002 of the Texas Government Code,that prohibits or discourages the entity from the enforcement of any public camping ban. 2.15 Prohibition on Agreements with Certain Foreign-Owned Companies /n Connect/on with Critical Infrastructure Texas Government Code, Chapter 113 and Section 2274.0102, prohibits an entity or company from entering into an agreement with a company or entity that is headquartered in, owned by, or the majority of stock is held or controlled by China, Iran, North Korea, Russia or a country designated by the governor as a threat to critical infrastructure, as defined in Section 113.001 or Section 2274.0101 of the Texas Government Code, if the agreement is related to and grants access to or control of critical infrastructure in the State of Texas. 3 Civil Rights 3.1 Compliance with Civil Rights and Nondiscrimination Requirements A. The grantee will comply with all State and Federal statutes relating to civil rights and nondiscrimination and ensure, in accordance with federal civil rights laws, that the grantee shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. Grantee Standard Conditions and Responsibilities Office of the Governor B. The grantee will comply, and all its contractors and subgrantees will comply, with all federal statutes and rules relating to civil rights and nondiscrimination. These include but are not limited to: 1. 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; 2. Title IX of the Education Amendments of 1972,as amended(20 USC§§1681-1683,and 1685- 1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990(42 USC § 12131-34); 4. The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6. 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; 7. Sections §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8. Title VIII of the Civil Rights Act of 1968 (42 USC § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9. Title I, II, and III of the Americans with Disabilities Act of 1990,which prohibits discrimination against individuals with disabilities; 10. Any other nondiscrimination provisions in the specific statute(s) or the state or federal solicitation or funding announcement under which application for grant funds is being made, including but not limited to: i. Section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968(codified at 34 U.S.C. 10228(c); see also 34 U.S.C. 11182(b)), ii. Section 1407(e) of the Victims of Crime Act of 1984 (codified at 34 U.S.C. 20110(e)) iii. Section 40002(b)(13) of the Violence Against Women Act of 1994 (codified at 34 U.S.C. 12291(b)(13)) C. A nondiscrimination provision that deals with discrimination in employment on the basis of religion is read together with the pertinent provisions of the Religious Freedom Restoration Act of 1993. As a result, even if an otherwise-applicable nondiscrimination provision states that a recipient or subrecipient may not discriminate in employment based on religion,an OJP recipient or subrecipient that is a faith-based organization may consider religion in hiring, provided it satisfies particular requirements. Additional information on those requirements can be found at [i�tlx:'.�..����Ilx .Rcar�il�l€rl<<i �� I�rlx[�a�c �� sf�'�rc ��r�c : �r�[I���111, :1 � 14a.r���<<c Ei�c �it I�trnfi4. D. Collectively,these federal laws prohibit a grantee from discriminating either in employment(subject to the exemption for certain faith-based organizations discussed in C. above) or in the delivery of sc ge 22 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor services or benefits on the basis of race, color, national origin, sex, religion, or disability. E. In the event any federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin (including limited English proficiency), or sex against the grantee, or the grantee settles a case or matter alleging such discrimination,the grantee must forward a copy of the complaint and findings to OOG and, as applicable, the Office of Justice Programs Office for Civil Rights (OCR), or the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. F. All recipients of Department of Justice Grants must review the Information on Civil Rights for grantees posted on the eGrants website. More information on Civil Rights and Nondiscrimination requirements for grantees receiving funding originating from the Department of Justice can be found at .2 Limited English .Proficiency The grantee will comply with Title VI of the Civil Rights Act of 1964, which prohibits grantees from discriminating on the basis of national origin in the delivery of services or benefits, entails taking reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to funded programs or activities. An LEP person is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. Meaningful access may entail providing language assistance services, including oral interpretation and written translation,where necessary. In order to facilitate compliance with Title VI,grantees are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. More information can be found at .�'Ov. 3.3 Equal Employment Opportunity Plan All recipients of Department of Justice grants must submit the Equal Employment Opportunity Plan (EEOP) certification information to the Office of Civil Rights, Office of Justice Programs through their on-line I I; DI" kc ;xcal <<i h C ooL For more information and guidance on how to complete and submit the federal EEOP certification information, please visit the US Department of Justice, Office of Justice �� II .ar i c c gala [i�ril. Programs website at The grantee acknowledges that failure to submit an acceptable EEOP (if recipient is required to submit one),that is approved by the Office for Civil Rights, is a violation of the Grant Agreement and may result in suspension or termination of funding, until such time as the recipient is in compliance. 4 Personnel 4.1 Overtime Overtime is allowable to the extent that it is included in the OOG-approved budget,the grantee agency has an overtime policy approved by its governing body, and both grant-funded and non-grant funded personnel are treated the same with regards to the application of overtime policy(ies). In addition, in no case is dual compensation allowable. That is, an employee of a grantee agency may not receive compensation for hours worked (including paid leave) from his/her agency AND from an award for a single period of time, even though such work may benefit both activities. Overtime payments issued sage 23 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor outside of these guidelines are the responsibility of the grantee agency. 4.2 Notification of Grant-Contingent Employees Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by OOG. Travel 5.1 Travel Policies The grantee must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established written policies regarding in-state and out-of-state travel,grantee must use the travel guidelines established for state employees. Contracts and Procurement 6.1 Procurement Practices and Policies The grantee must follow applicable Federal and State law, Federal procurement standards specified in regulations governing Federal awards to non-Federal entities, their established policy, and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. A. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition. B. When any contractual or equipment procurement is anticipated to be in excess of Simplified Acquisition Threshold, grantees must submit a Procurement Questionnaire �2YLILLic a L�.to OOG for approval prior to procurement. Grantees must ensure these contracts address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. C. When contractual or equipment procurement is anticipated to be in excess of$10,000, grantees must address termination for cause and for convenience by the grantee including the manner by which it will be affected and the basis for settlement. 6.2 .Subcontracting The grantee may not subcontract any of its rights or duties under this Grant Agreement without the prior written approval of OOG. It is within OOG's sole discretion to approve any subcontracting. In the event OOG approves subcontracting by the grantee, the grantee will ensure that its contracts with others shall require compliance with the provisions of this Grant Agreement to the extent compliance is needed to support the grantee's compliance with this Grant Agreement. The grantee, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this Grant Grantee Standard Conditions and Responsibilities Office of the Governor Agreement and that OOG shall not be liable in any manner to any grantee subcontractor. 6.3 Buy Texas If applicable with respect to any services purchased pursuant to this Grant Agreement,the grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. 6.4 Contract Provisions Under Federal Awards All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. 7 Equipment Requirements 7.1 Property Management and Inventory The grantee must ensure equipment purchased with grant funds is used for the purpose of the Grant and as approved by OOG. The grantee must develop and implement a control system to prevent loss, damage or theft of property and investigate and document any loss, damage or theft of property funded under this Grant. The grantee must account for any real and personal property acquired with grant funds or received from the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the grantee, according to the requirements listed herein, and provided to OOG upon request, if applicable. When original or replacement equipment acquired under this award by the grantee is no longer needed for the original project or program or for other activities currently or previously supported by the federal awarding agency or OOG,the grantee must make proper disposition of the equipment pursuant to 2 CFR 200 or TXGMS, as applicable. The grantee shall not give any security interest, lien or otherwise encumber any item of equipment purchased with grant funds. The grantee will maintain specified equipment management and inventory procedures for equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place, with a per-unit cost of $5,000 or greater, any firearms, any items on the Prohibited or Controlled Expenditures list, and the following equipment with costs between $500 and $4,999: sound systems and other audio equipment, still and video cameras, TVs, video players/recorders,desktop computers, laptop computers, data projectors, smartphones,tablets, other hand held devices, mobile/portable radios, and unmanned aerial vehicle (UAV) drones. (See Texas Government Code, Sec. 403.271(b) for further information. Users of these standards should contact Grantee Standard Conditions and Responsibilities Office of the Governor the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's State Property Accounting Process User's Guide, Appendix A, available on the internet, for the most current listing.)The equipment and inventory procedures include: A. The grantee must keep an inventory report on file containing equipment purchased with any grant funds during the grant period.The inventory report must agree with the approved grant budget and the final Financial Status Report and shall be available to OOG at all times upon request. B. At least every two (2) years, grantee must take a physical inventory and reconcile the results with property records. C. The grantee must maintain property/inventory records which, at minimum, 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 ofthe property. D. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to the equipment. Upon termination of this Grant Agreement, title, use, and disposal of equipment by the grantee shall be in conformity with TXGMS; however, as between OOG and the grantee title for equipment will remain with the grantee, unless TxGMS requires otherwise. 7.2 Maintenance and Repair The grantee will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event the grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Grant Agreement, the grantee shall use the proceeds to repair or replace said equipment. 7.3 Automated License Plate Readers Any grantee requesting funds for Automated License Plate Readers (ALPR) must have a written policy regarding use of the ALPR and related data retention. Subrecipients also must enter into a User Agreement with the Texas Department of Public Safety(DPS), Crime Records Division to gain access to the Texas Automated License Plate Reader(LPR) Database so that data may be shared among all participating local, state, and federal agencies. DPS Crime Records Division will provide written certification of your jurisdiction's participation upon request. Grantees must provide OOG with a copy of the certification received from DPS Crime Records Division. Information Technology 8.1 Accessibility Requirements If applicable, the grantee will comply with the State of Texas Accessibility requirements for Electronic 3 Grantee Standard Conditions and Responsibilities Office of the Governor and Information Resources specified in Title 1, Chapter 213 of the Texas Administrative Code when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable, the grantee shall provide the Texas Department of Information Resources (DIR) with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at 8.2 Criminal Intelligence.System Operating.Procedures Any information technology system funded or supported by these funds must comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies. Any grant-funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 CFR Part 23 at least once for each continuous two-year period that the person has responsibility for entering data into or retrieving data from an intelligence database. 8.3 Blocking Pornographic Material The recipient understands and agrees that-(a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 8.4 Cybersecurity Training Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Indirect Costs 9.1 Approved Indirect Cost Rate If indirect costs are allowable under an award, the Indirect Cost Budget Category will be available on the Budget tab. Grantees choosing to apply indirect costs to the award (except for those choosing to use a de minimis rate as described in 2 CFR § 200.414(f)) must have an approved indirect cost rate agreement with their cognizant agency (see 2 CFR § 200 Appendix III-VII for assigned cognizant agencies). A copy of the approval letter from the cognizant agency must be uploaded to the grant application for the grantee to be eligible for the indirect cost rate for the associated award. Grantee Standard Conditions and Responsibilities Office of the Governor The indirect cost rate cited in the budget denotes the approved indirect rate at the time the grant was awarded. It is the grantee's responsibility to ensure the appropriate indirect rate is charged throughout the term of the grant award even if the approved indirect rate expires or changes during the grant period. Indirect costs are subject to monitoring and the grantee must be able to produce evidence of an approved indirect cost rate upon request. 9.2 Cie Minirnis Rate In accordance with 2 CFR § 200.414(f) and TXGMS, grantees of federal or state funds that do not have a current negotiated (including provisional) rate may elect to charge a de minimis rate of 10% of modified total direct costs,which may be used indefinitely.A grantee that elects to use the de minimis indirect cost rate, must advise OOG in writing, in the grant application, before any such funds are obligated of its election, and must comply with all associated requirements in 2 CFR § 200.414(f) and TxG MS. 10 Audit and Records Requirements 10.1 Grantee.Subject to Audits The grantee understands and agrees that grantee is subject to relevant audit requirements present in state or federal law or regulation or by the terms of this award. For federally funded grants, audit requirements can be found in 2 CFR Part 200 or OMB Circular A-133. For state funded awards, audit requirements can be found in the TXGMS. 10.2 .Single Audit Requirements Any grantee expending more than $750,000 in state or $750,000 in federal funds in a fiscal year is subject to Single Audit Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements or the requirements in TXGMS. The audit must be completed and the data collection and reporting package described in 2 CFR 200.512 must be submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period,whichever is earlier. Grantees who are not required to have an audit for the grantee's fiscal year in which the state or federal awards were made or expended, shall so certify in writing to OOG.The grantee's chief executive officer or chief financial officer shall make the certification within 60 days of the end of the grantee's fiscal year. 10.3 Cooperation with Monitoring,Audits, and Records Requirements A. In addition to and without limitation on the other audit provisions of this Grant Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office or successor agency, may conduct an audit or investigation of the grantee or any other entity or person receiving funds from the State directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement. The acceptance of funds by the grantee or any other entity or person directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement acts as c� � :s C1ge 7 Grantee Standard Conditions and Responsibilities Office of the Governor acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee,to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, the grantee or another entity that is the subject of an audit or investigation by the State Auditor's Office shall provide the State Auditor's Office with prompt access to any information the State Auditor's Office considers relevant to the investigation or audit. The grantee further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. The grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the grantee and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of the grantee related to this Grant Agreement. This Grant Agreement may be amended unilaterally by OOG to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement Section 2262.154 of the Texas Government Code. B. The grantee agrees to comply with the grant monitoring guidelines, protocols, and procedures established by OOG and any federal funding agency, and to cooperate with OOG and any relevant federal agency generally, including on any compliance review or complaint investigation conducted by the Federal sponsoring agency or OOG and on all grant monitoring requests, including requests related to desk reviews and/or sitevisits. C. The grantee shall maintain adequate records that enable OOG and any relevant federal agency to complete monitoring tasks,including to verify all reporting measures, requests for reimbursements, and expenditure of match funds related to this Grant Agreement. The grantee shall maintain such records as are deemed necessary by OOG,the State Auditor's Office, other auditors of the State of Texas, the federal government or such other persons or entities designated or authorized by OOG to ensure proper accounting for all costs and performances related to this GrantAgreement. D. OOG may request documented proof of payment.Acceptable proof of payment includes, but is not necessarily limited to, a receipt or other documentation of a paid invoice, a general ledger detailing the specific revenue and expenditures, a monthly bank statement evidencing payment of the specific expenditure, bank reconciliation detail, copies of processed checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure to which the reimbursement relates. E. The grantee authorizes OOG, the State Auditor's Office, the Comptroller General, and any relevant federal agency, and their representatives, the right to audit, examine, and copy all paper and electronic records, books, documents, accounting procedures, practices, and any other requested records, in any form; relevant to the grant, the operation and management of the grantee, and compliance with this grant agreement and applicable state or federal laws and regulations; and will make them readily available upon request. The grantee will similarly permit access to facilities, personnel, and other individuals and information as may be necessary. F. If requested,the grantee shall submit to OOG a copy of its most recent independent financial audit. If requested, the grantee shall submit to OOG any audited financial statements, related management letters and management responses of grantee, and financial audit documents or portions thereof that are directly related to the grantee's performance of its obligations under this Grant Agreement. G. OOG may make unannounced monitoring visits at any time but will, whenever practical as determined at the sole discretion of OOG, provide the grantee with up to five (5) business days Grantee Standard Conditions and Responsibilities Office of the Governor advance notice of any such examination or audit. Any audit of records shall be conducted at the grantee's principal place of business and/or the location(s) of the grantee's operations during the grantee's normal business hours. The grantee shall provide to OOG or its designees, on the grantee's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone services and Internet connectivity, utilities, and office-related equipment and duplicating services as OOG or its designees may reasonably require to perform the audits described in this Grant Agreement. H. In addition to the information contained in the required reports,other information may be required as requested by OOG, including OOG asking for more information regarding project performance or funds expenditures. In the event OOG requires additional information regarding the information or data submitted, the grantee will promptly provide the additional information.The grantee also agrees to assist OOG in responding to questions and assisting in providing information responsive to any audit, legislative request, or other inquiry regarding the grant award. Upon the request of OOG, the grantee must submit to OOG any additional documentation or explanation OOG may desire to support or document the requested payment or report submitted under this Grant Agreement. I. If after a written request by OOG or a relevant federal agency,the grantee fails to provide required reports, information, documentation, or other information within reasonable deadlines set by OOG or the relevant federal agency, as required by this Grant Agreement, or fails to fulfil any requirement in this section, then OOG may consider this act a possible default under this Grant Agreement, and the grantee may be subject to sanctions including but not limited to,withholdings and/or other restrictions on the recipient's access to grant funds; referral to relevant agencies for audit review; designation of the recipient as a high-risk grantee; or termination of awards. J. The grantee agrees to hold any subcontractors or subgrantees to the provisions of this section and to require and maintain the documentation necessary to complete monitoring tasks performed by any subcontractor or subgrantee. The grantee shall ensure that this section concerning the authority to audit funds received indirectly by subcontractors through grantee and the requirement to cooperate is included in any subcontract it awards related to this grant. The grantee will direct any other entity, person, or contractor receiving funds directly under this Grant Agreement or through a subcontract under this Grant Agreement to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor that pertain to this Grant Agreement. 10.4 Requirement to Address Audit Findings If any audit, financial or programmatic monitoring, investigations, review of awards, or other compliance review reveals any discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations hereunder, the grantee agrees to propose and submit to OOG a corrective action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.The grantee's corrective action plan is subject to the approval ofOOG. OOG, at its sole discretion, may impose remedies as part of a corrective action plan, including, but not limited to: increasing monitoring visits; requiring that additional or more detailed financial and/or programmatic reports be submitted; requiring prior approval for expenditures; requiring additional technical or management assistance and/or making modifications in business practices; reducing the Grantee Standard Conditions and Responsibilities Office of the Governor grant award amount; and/or terminating this Grant Agreement. The foregoing are not exclusive remedies, and OOG may impose other requirements that OOG determines will be in the best interest of the State. The grantee understands and agrees that the grantee must make every effort to address and resolve all outstanding issues, findings, or actions identified by OOG (and/or, in the case of federally funded grant,a relevant federal agency)through the corrective action plan or any other corrective plan. Failure to promptly and adequately address these findings may result in grant funds being withheld, other related requirements being imposed,or other sanctions and penalties.The grantee agrees to complete any corrective action approved by OOG within the time period specified by OOG and to the satisfaction of OOG, at the sole cost of the grantee. The grantee shall provide to OOG periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or other compliance activity for which the grantee is responsible. 10.5 records Retention A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of grant funds, reporting measures, and funds received from OOG under this Grant Agreement. Audit trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared by the grantee to permit an audit of its accounting systems and payment verification with respect to the expenditure of any funds awarded under this Grant Agreement.The grantee's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify performance and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of payment information. B. The grantee must maintain fiscal records and supporting documentation for all expenditures resulting from this Grant Agreement pursuant to 2 CFR 200.333, TxGMS, and state law. 1. The grantee must retain these records and any supporting documentation until the third anniversary of the later date of (1) the submission of the final expenditure report, or (2) the resolution of all issues that arose from any litigation, claim, negotiation, audit, or administrative review involving the grant. 2. Records related to real property and equipment acquired with grant funds shall be retained for three (3)years after final disposition. 3. For all training and exercises paid for by this Grant, grantee must complete, deliver to the appropriate source, and then retain copies of all after-action reports and certificates of training completion for the time period specified in this Section. 4. OOG or the Federal Funding Agency may direct a grantee to retain documents for longer periods of time or to transfer certain records to OOG or federal custody when OOG or the Federal Funding Agency determines that the records possess long term retention value. 5. The grantee must give the Federal Funding Agency, the Comptroller General of the United States,the Texas State Auditor's Office, OOG,or any of their 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 grantee pertaining to this Grant including records concerning the past use of grant funds. Such rights to access shall continue as long as the records are maintained. The grantee must include the substance of this Section in all subcontracts. 3 3 Grantee Standard Conditions and Responsibilities Office of the Governor C. If the grantee collects personally identifiable information, it will have a publically-available privacy policy that describes what information it collects, how it uses the information, whether it shares the information with third parties, and how individuals may have their information corrected where appropriate. The grantee shall establish a method to secure the confidentiality of any records related to the grant program that are required to be kept confidential by applicable federal or state law or rules.This provision shall not be construed as limiting OOG's access to such records and other information under any provision of this Grant Agreement. 11 Prohibited and Regulated Activities and Expenditures 11.1 Inherently Religious Activities A grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may, of course, engage in inherently religious activities; however,these activities must be separate in time or location from the federally assisted program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. Grantees must also not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief in the delivery of services or benefits funded by the grant.These requirements apply to all grantees, not just faith-based organizations. 11.2 Political Activities Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: A. Unless specifically authorized to do so by federal law, grant recipients or their subgrantees or contractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying or advocating for legislative programs or changes; campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties; and voter registration or get-out-the-vote campaigns. Generally, organizations or entities which receive federal funds by way of grants, contracts, or cooperative agreements do not lose their rights as organizations to use their own, private, non-federal resources for"political" activities because of or as a consequence of receiving such federal funds.These recipient organizations must thus use private or other non-federal money, receipts, contributions, or dues for their political activities, and may not charge off to or be reimbursed from federal contracts or grants for the costs of such activities. B. Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. C. Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. D. Grant funds will not be used, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, without sc ge 32 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor the express prior approval of OOG and applicable federal funding agencies. If any non-grant funds have been or will be used in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, it will notify OOG to obtain the appropriate disclosure form. E. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore,grant funds may not be used to pay,on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a lobbyist. F. Grant funds—whether expended by the grantee or by any subgrantee or subcontractor—will not be used for political polling.This prohibition regarding political polling does not apply to a poll conducted by an academic institution as a part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. G. As applicable, the grantee will comply with 31 USC § 1352, which provides that none of the funds provided under an award may be expended by the grantee to pay any person to influence,or attempt to influence an officer or employee of any agency,a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. The grantee will include the language of this section in the award documents for all subawards at all tiers and will require all subrecipients to certify acco rdi ngly. 11.3 Generally Prohibited Expenditures The following items and activities are specifically prohibited from being funded under this Grant Agreement: A. Costs of advertising and public relations designed solely to promote the governmental unit; B. Costs of international travel'; C. Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities); D. Fundraising; E. Lobbying; F. Alcoholic beverages; G. Costs to support any activity that has as its objective funding of sectarian worship, instruction, or prose lytization; and H. Promotional items and memorabilia, including models, gifts, and souvenirs. In certain circumstances international travel may be allowed under the Homeland Security Grant Program with prior written approval from the US Department of Homeland Security,Federal Emergency Management Agency (FEMA). :,I c g e 33 1 37 Grantee Standard Conditions and Responsibilities Office of the Governor 11.4 Acorn The grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN) or its subsidiaries, without the express prior written approval of OOG. 11.5 Prohibition on Certain Telecommunications and Video.Surveillance.Services or Equipment The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018), prohibits the purchase of certain telecommunications and video surveillance services or equipment from specified entities. For more information on this prohibition please refer to Public Law No. 115-232 at[��� x�o 12 Financial Requirements 12.1 Financial.Status Deports Financial Status Reports must be submitted to OOG via eGrants. Unless otherwise specified by OOG, Reports may be submitted monthly but must be submitted at least quarterly. Reports are due after each calendar quarter regardless of when the grant was awarded. Due dates are: 1. April 22 (January-March quarter) 2. July 22 (April-June quarter) 3. October 22 (July-September quarter) 4. January 22 (October-December quarter) A grant liquidation date will be established in eGrants. The final Financial Status Report must be submitted to OOG on or before the liquidation date or the grant funds may lapse and OOG will provide them as grants to others who need the funding. Payments will be generated based on expenditures reported in the reports. Upon OOG approval of the report, OOG will issue a payment through direct deposit or electronic transfer. 12.2 Approval of Financial.Status Deport Grant payments will be generated based on expenditures as reported in the Financial Status Reports in eGrants or, if authorized by OOG, through Advance Payment Requests. Upon OOG approval of a Financial Status Report or Advance Payment Request, a payment will issue through direct deposit or electronic transfer, though additional documentation may be required and this statement does not override other rules, laws or requirements. It is the policy of OOG to make prompt payment on the approval of a properly prepared and submitted Financial Status Report and any other required documentation. Grantee Standard Conditions and Responsibilities Office of the Governor 12.3 Reimbursements OOG will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable costs incurred and paid by the grantee pursuant to this Grant Agreement. Each item of expenditure shall be specifically attributed to the eligible cost category as identified in the Grant Budget.The Grant Budget is established as provided in eGrants and is the approved budget for the planned expenditure of awarded grant funds, with expenditures identified by approved cost category. OOG is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the commencement or after the termination of this Grant Agreement. By submission of a Financial Status Report,the grantee is warranting the following: (1)all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Grant Agreement; (3) that the amount of each new Financial Status Report added together with all previous Financial Status Reports do not exceed the Maximum Liability of OOG;and (5)the charges and expenses shown on the Request for Reimbursement are reasonable and necessary. 12.4 Generally Accepted Accounting Principles The grantee shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by the grantee. The grantee shall follow OOG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this Grant Agreement. 12.5 Program Income "Program income" means gross income received by the grantee or subgrantee directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. Unless otherwise required under the terms of this Grant Agreement, any program income shall be used by the grantee to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. Program income shall be used to offset the grant award. The grantee shall identify and report this income in accordance with OOG's reporting instructions. The grantee shall expend program income during the term of this Grant Agreement; program income not expended during the term of this Grant Agreement shall be refunded to OOG. 12.6 Refunds and Deductions If OOG determines that the grantee has been overpaid any grant funds under this Grant Agreement, including payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the grantee shall return to OOG the amount identified by OOG as an overpayment.The grantee shall refund any overpayment to OOG within thirty(30) calendar days of the receipt of the notice of the overpayment from OOG unless an alternate payment plan is specified by OOG. Grantee Standard Conditions and Responsibilities Office of the Governor 12.7 Liquidation Period The liquidation date is ninety(90)calendar days after the grant end date, unless otherwise noted in the original grant award or a grant adjustment. Funds not obligated by the end of the grant period and not expended by the liquidation date will revert to OOG. 12.8 Duplication of Funding If grantees receive any funding that is duplicative of funding received under this grant, they will notify OOG as soon as possible. OOG may issue an adjustment modifying the budget and project activities to eliminate the duplication. Further, the grantee agrees and understands that any duplicative funding that cannot be re-programmed to support non-duplicative activities within the program's statutory scope will be de-obligated from this award and returned to OOG. 12.9 .Supplanting Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated, allocated or disbursed for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. For additional information on supplanting, refer to the Guide to Grants at 13 Required Reports 13.1 Measuring, Reporting, and Evaluating Performance Grantees should regularly collect and maintain data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes specified in the program solicitation, or as otherwise specified by OOG. This evaluation includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by OOG or its designee. If requested by OOG, the grantee shall report on the progress towards completion of the grant project and other relevant information as determined by OOG.To remain eligible for funding,the grantee must be able to show the scope of services provided and their impact, quality, and levels of performance against approved goals, and that their activities and services effectively address and achieve the project's stated purpose. 13.2 Deport Formats,.Submissions, and Timelines The grantee shall provide to OOG all applicable reports in a format and method specified by OOG.The grantee shall ensure that it submits each report or document required by OOG in an accurate, complete, and timely manner to OOG or the Federal sponsoring agency, as specified by this Grant Agreement or OOG, and will maintain appropriate backup documentation to support the reports. "r �C 1 �-e;� e �7 b 1 7 Grantee Standard Conditions and Responsibilities Office of the Governor Unless filing dates are given herein, all other reports and other documents that the grantee is required to forward to OOG shall be promptly forwarded. 13.3 Failure to File Required Reports Failure to comply with submission deadlines for required reports, Financial Status Reports, or other requested information may result in OOG, at its sole discretion, placing the grantee on immediate financial hold without further notice to the grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If the grantee is placed on financial hold,OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time the grantee was placed on financial hold. ATTACHMENT B Statementof Grant Award(SOGA)._,...... ......... ............ .................. ................ .................. .................. .........,... ............... ............... ............... .................. ............ The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20,Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 3060407 Award Amount: $8,659,614.38 Date Awarded: 6/10/2022 Grantee Cash Match: $0.00 Grant Period: 05/01/2022-08/31/2023 Grantee In Kind $0.00 Match: Liquidation Date: 11/29/2023 Grantee GPI: $0.00 Program Fund: SA-Texas Anti-Gang(TAG)Program-HB Total Project Cost: $8,659,614.38 Grantee Name: Texas Department of Public Safety Project Title: San Antonio Texas Anti-Gang Center Grant Manager: James Ziehl Unique Entity Identifier FMLYYM3GNG81 (UEI): CFDA: N/A Federal Awarding Agency: Federal Award Date: N/A-State Funds Federal/State Award ID 2022-TA-ST-0001 Number: Total Federal Award/State Funds $180,000,000.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Homeland Security Grants Division(HSGD) Is the Award R&D: No Federal/State Award The purpose of the TAG Program is to support strategic partnerships and targeted,regional, Description: multidisciplinary approaches to successfully combat gang violence through the coordination of gang prevention,intervention,and suppression activities. "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: ZC23-0075, Ordinance No. 3817, Public hearing and consideration of a request from Global Signs, Inc. for a revision to a planned development at 5100 Davis Boulevard, being 0.53 acres described as Lot 1 R, Block 18, Clear View Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Randy Broyles, Global Signs Inc is requesting to revise the existing RD-PD (Redevelopment Planned Development) on 0.53 acres located at 5100 Davis Boulevard. GENERAL DESCRIPTION: The property under consideration is located at the northeast corner of Davis Boulevard and Standley Street, just north of the intersection of Maplewood Avenue. The 23,909- square-foot site is developed with a Chicken Express quick service restaurant with drive through service. The site is adjacent to single-family residences in the Clear View subdivision on the east side. Retail, service, and restaurant uses are located along Davis Boulevard in the vicinity of the site, and the property immediately north of the restaurant is vacant. The property is currently zoned RD-PD (Redevelopment Planned Development). The zoning was approved by City Council on June 10, 2019 (Ordinance 3587) and establishes a base zoning district of C-1 (Commercial). The PD is intended to allow r r for a quick service restaurant. The applicant is requesting an amendment ! � � to the development standards to allow a � third wall sin on the building. The sign g g regulations allow wall signs on up to two building faces. While there are two signs installed on the south and west faces of the building, the adopted PD standards allow for the wall signs to be attached to a portion of the wall above the parapet and main roofline of the building. The location of these signs required special approval as part of the planned development. The applicant is requesting that a third sign be allowed on the north face of the building, with the sign attached in a similar location to the existing signs. "K NOKTH KICHLAND HILLS A review of developments in the city indicates that five businesses have received approval to install more than two wall signs on the building. A summary is below. Raising 5036 Rufe Snow Dr Sign Review Board Three(3) building June 14,2021 Cane's (SRB 2021-01) faces Chick-fil-A 6645 NE Loop 820 Special Use Permit Four(4)building faces May 8,2023 (Ordinance 3787) Starbucks 6205 Davis Blvd Special Development Plan Four(4)building faces May 8,2023 (Ordinance 3788) Braum's 8364 Davis Blvd Planned Development Three(3) building November 12,2019 (Ordinance 3622) faces Brakes Plus 8612 Precinct Line Rd Planned Development Three(3) building August 24,2020 (Ordinance 3662) faces LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. The Retail Commercial land use category provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is currently zoned RD-PD (Redevelopment Planned Development). The zoning was approved by City Council on June 10, 2019 (Ordinance 3587). The PD provides a base zoning district of C-1 (Commercial) and is intended to allow for a quick service restaurant with drive through service. PROPOSED ZONING: The proposed zoning is an amendment to the RD-PD (Redevelopment Planned Development) standards. The proposed change is intended to allow wall signs on three faces of the building. SURROUNDING ZONING ( LAND USE: NORTH C-2(Commercial) Retail Commercial Vacant WEST C-2(Commercial) Retail Commercial Retail and service uses SOUTH C-2(Commercial) Retail Commercial Retail and service uses EAST R-2(Single-Family Residential) Low Density Residential Single-family Residences PLAT STATUS: The property is platted as Lot 1 R, Block 18, Clear View Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this item at the October 5, 2023, meeting. If the Commission issues a recommendation to City Council, staff will brief City Council of their recommendation at the October 9, 2023, meeting. "K NOKTH KICHLAND HILLS RECOMMENDATION: Pending the recommendation of the Planning & Zoning Commission, approve Ordinance No. 3817. JANETTA .............. ......... ............................... .. > . / O / CS JOREEN N .................... z o ; ......, m H Q ? W , D U�O > s W Q ....................................... ..... v i STANDLEY ............................. ............... ..............,.............. MAPLEWOOD Prepared by Planning 9/12/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been preparedfororbe sultablefor legal,engineering,orsurveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. s i r �- I ' j�mJjl1� r f `4i,ii i�..... i u / f , r ,,,ri�.re � ..rUi�/i ll �/r�rii��� r � � +r• a18, ' 'rd`�('A d Iq�.,� �... <. '� V J. r � r � I Illri rt-ri 1 Prepared by Planning 9/12/2023 N DISCLAIMER:This product is for informational purposes and may not nr I IFeet have been preparedfororbe sultablefor legal,engineering,orsurveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. " RH PUBLIC HEARING NOTICE NO TH KICHLA D HILLS CASE: ZC23-0075 -OWNER- �)ue to an eerror in the Ini.er,b us notice, the «MAILING_ADDRESS- n�.bhc hearing forthr s request WH ne -CITY—STATE- -ZIP- resr.'Irern`Wed to the October E5, 2023, You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a revision to a planned development as shown on the attached map. APPLICANT Global Signs, Inc. LOCATION 5100 Davis Boulevard REQUEST Public hearing and consideration of a request from Global Signs, Inc. for a revision to a planned development at 5100 Davis Boulevard, being 0.53 acres described as Lot 1R, Block 18, Clear View Addition. DESCRIPTION Request for a revision to an existing planned development to allow for signs on three sides of the building. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, October 5, 2023 City Council 7:00 PM Monday, October 9, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP 1ANETTA LU JOREEN z STANDLEY .......... MAPLEWOOD ............./"/,/,// North Elevaiti chicken Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC23-0075 � a aisle ° a 5109-5119 DAVIS LLC 411 HARWOOD RD BEDFORD,TX 76021 COCHRAN,STEVIE JOE 5113 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 COVENANT LOVE CHRISTIAN CENTER 5201 DAVIS BLVD NORTH RICHLAND HILLS,TX 76180 EQUITY TRUST CO 1 EQUITY WAY WESTLAKE,OH 44145 HERRERA DANIEL 5109 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 LEDESMA SERGIO E 4509 MINK DR HALTOM CITY,TX 76117 LINDLEY, ROBERT 5133 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 LOVING,DEBORAH L 5112 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 MAPSTON WILLIAM 1215 WOODED TR HURST,TX 76053 MILLIGAN,GLENDA 5124 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 MLS PARTNERS LTD,ETAL 5137 DAVIS BLVD NORTH RICHLAND HILLS,TX 76180 NANCE,STEVEN 5120 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 ORANGE VALLEY PROPERTIES LLC PO BOX 33349 FORT WORTH,TX 76162 PRS INVESTMENTS LLC PO BOX 2612 AUSTIN,TX 78768 TORRES,JOE E 5121 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 TORRES,OSCAR 5129 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 TUGGLE, KELLY C 7820 CLARK ST NORTH RICHLAND HILLS,TX 76180 VELAZCO,GILBERTO 5117 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 WHATABURGER INC,#110 14301 S PADRE ISLAND DR CORPUS CHRISTI,TX 78418 .........................5100.................................................. 5121 7829 5113 5121 511 ............... 5109 ............................................ ........ ........ 5102 5113 NIN 5112 7828 .............. ............... ............... .......................................................... ............... U) 7824 5109 z 5108 5112 5 15 0 ............... Em Em .............................................................. ............... 5105 ............................................................................................ ...... ........ ............. .......... > C) Q 7821 7825 7829 7833 09 5101 5104 ............... 5105 STAND LEY ............... ..............."I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""II.............. ............... ..................... 51 ............... ............... 5060 7808 7812 816 7820 7824 7828 7832 rill 7723 7727 5101 ya0111100011 ............................................ ............... ........................... ............... ............. IIII 7709 7809 7817 7821 7825 7829 7833 Prepared by Planning 9/12/2023 N I I DISCLAIMER:This product is for informational purposes and may not r I I Feet have been preparedfororbe sultablefor legal,engineering,orsurveylng 0 35 70 140 210 280 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Chicken Express-61OO Davis, Blvd. 7/ A/ZO23 VVe are requesting a zoning variance amendment. This iyto add a third sign to the existing building of Chicken Express at the address of 5100 Davis Blvd. Davis Blvd is a terribly busy street with an enormous amount oftraffic, our problem is that our potential customers cannot see our store until they are on top of it.We were forced to go with a small monument sign that cannot be seen in advance.The oncoming traffic coming from the North side of our building cannot see what establishment is there.We feel that adding a third sign,which is normal for the Chicken Express franchise,would help the traffic flow and cause less confusion for the customer. Causing better traffic flow in front of the store. Thank you in advance for considering this zoning amendment. Sincerely, Dianne Moriarty-Global Signs, Inc. ORDINANCE NO. 3817 ZONING CASE ZC23-0075 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY AMENDING THE REDEVELOPMENT PLANNED DEVELOPMENT (RD- PD) FOR CHICKEN EXPRESS FOR THE PURPOSE OF REVISING THE DEVELOPMENT STANDARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the City Council of the City of North Richland Hills previously approved a redevelopment planned development for the property; and WHEREAS, the owner of the property containing approximately 0.53 acres of land located at 5100 Davis Boulevard (the "Property") has filed an application to amend the redevelopment planned development to revise the development standards; and Ordinance No. 3817 ZC23-0075 Page 1 of 4 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on October 5, 2023, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 9, 2023, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills and redevelopment planned development for 5100 Davis Boulevard are hereby amended to revise the development standards for the property, containing approximately 0.53 acres of land, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to herein approve the redevelopment planned development in accordance with the requirements of the Redevelopment Planned Development (RD-PD) District Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved RD-PD (Redevelopment Planned Development) zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the C-1 (Commercial) zoning district, and the additional zoning standards as set forth in Exhibit "B." Ordinance No. 3817 ZC23-0075 Page 2 of 4 Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. Ordinance No. 3817 ZC23-0075 Page 3 of 4 PASSED AND APPROVED on the 9th day of October, 2023. 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: Clayton Comstock, Planning Director Ordinance No. 3817 ZC23-0075 Page 4 of 4 Exhibit A— Property Description —Ordinance No. 3817— Page 1 of 1 Zoning Case ZC23-0075 Lot 1R, Block 18,Clear View Addition 5100 Davis Boulevard, North Richland Hills,Texas Being Lot 1R, Block 18, Clear View Addition, in the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8592, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3817— Page 1 of 2 Zoning Case ZC23-0075 Lot 1R, Block 18,Clear View Addition 5100 Davis Boulevard, North Richland Hills,Texas This Redevelopment Planned Development (RD-PD) district must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-1 (Commercial). The following regulations are specific to this RD-PD district. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted land uses. Uses in the RD-PD are limited to those permitted in the C-1 (Commercial) zoning district, as amended, with the addition of and subject to the following. 1. Quick service restaurant 2. Any land use requiring a special use permit in the C-1 (Commercial) zoning district, as amended, is only allowed if a special use permit is issued for the use. 3. Any land use prohibited in the C-1 (Commercial) zoning district, as amended, is also prohibited. B. Site development standards. Development of the property shall comply with the development standards of the C-1 (Commercial) zoning district and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit "C" and the standards described below. a. The minimum rear building is twenty-two (22) feet. b. The refuse container enclosure must be located at least five (5) feet from the east property line. c. The existing masonry fence located on the east property line must be maintained as the required screening fence between residential and non-residential property. Maintenance or repair of the fence as a screening fence is the responsibility of the non-residential property owner. If the non-residential property owner removes or replaces the fence, the new fence must comply with the standards contained in Section 118-871 of the zoning ordinance. 2. Landscaping must be installed as shown on the site plan attached as Exhibit "C." 3. The drive-through components on the site must comply with Section 118-633(26) of the zoning ordinance and the standards described below. a. The drive-through stacking lane may be located on the south side of the building between the building and Standley Street. b. The menu board and speaker must be located at least thirty (30) feet from the east property line. C. Building design standards. Building design and appearance must comply with the building elevations attached as Exhibit "C" and the standards described below. Exhibit B—Land Use and Development Regulations—Ordinance No. 3817— Page 2 of 2 Zoning Case ZC23-0075 Lot 1R, Block 18,Clear View Addition 5100 Davis Boulevard, North Richland Hills,Texas 1. Signs on the site must comply with Chapter 106 (Signs) of the Code of Ordinances and the standards described below. a. The monument sign on the property must be relocated to the area shown in Exhibit "C." The sign may encroach up to two (2) feet into the narrowest portion where the two overlapping sight visibility triangles intersect between the driveway and Standley Street. b. Wall signs are permitted on three (3) facades of the building. Wall signs are prohibited on the east fagade of the building. c. The wall signs on the north, west, and south elevations of the building may be located on the portions of the elevation above the parapet of the structure, as shown in Exhibit "C." D. Amendments to Approved Planned Developments. An amendment or revision to the RD-PD district will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the RD-PD district. E. Administrative Approval of Site Plans. The development is subject to final approval of a site plan package. Site plans that comply with all development-related ordinances, and this Ordinance may be administratively approved by the Development Review Committee. The city manager or designee may approve minor amendments or revisions to the standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. Exhibit C-Site Plan Exhibits-Ordinance No.3817-Page 1 of 7 — xmou[mic N 89'20'45'E 160.31' „. PHC m � \ �72esr uxosacxc� 15 F•� ur tw"miuia civx/Eer \ � � i5[MKxNG GPRNNC SPACES \ - � � xIFu.�tx Warm ,"(1m v 1-1 AYR B.19 S.FESH].'�E7 uuuuum llu. ��•aY AN SIPPUNCG� AS S. 9" n —iHqu Wwoov NEW WNC W.Wt MDll C'IL Way N N 0 n oac o x / �� axa,(NEnnc 22 C 7 1A 2870 S.F. FnN��r�n 0 U — M IL E o 6°;MGNroo'UMPM g Act + ir xG xx 3 �� O V , 7 G p �/ � ull, x _ � ,1 z AP w L N 2� ._---- ___ "� _--- __. ,[x t Airs wAnn uE 24 ....... 1-2"-.. STANDLEY STREET n SITE PLAN N � o � 0 10' 25' 50' 75' 100' uo ^ �� GRAPHIC SCALE 1 LOT AREA: 23,909 SF "gym w ego IMPERVIOUS AREA: 20,000 SF � LANDSCAPE AREA: 3,673 SF 15.3% ¢a PARKING REQUIRED: 20 SPACES PARKING PROVIDED: 20 SPACES CASE SP 2019-04 Exhibit C-Site Plan Exhibits-Ordinance No.3817-Page 2 of 7 .0 ....... 0 Ch,, u A ju 0 =_51 TIL WNW Sj—, MENU PBOARDMENU pB ARD (ZW,A,, ENCLOSURE LAN OANO Y CANO Y FRONT LELV �1DUMPSTER ENCLOSURE ELEVATION Li EFE, SITE DATA SUMMARY F1IDEEA 2,11 'Z FEEL' LAND USEz QUICK EEREHEE W RE-URANT E, OWNER INFORMATION Al2KH1.7 711"17 1 HETNA1 I LP D 11 11 " 11E1_KEK M1, F1 FILE ��IFL 7011 �ININII KEITH IIIHAIIIIN 1E11IFN1 EMAIL -L", E, VICINITY MAP 77SHL7T�Z FILE,Ll CMD T� N Ep". N RIED C II III III "IIIIII CD N 11EETTIETTPELAN P111EIT 11T1 IE IIIIII A, 11EET (DIDUMPSTER ENCLOSURE SECTION (f��UMPSTER ENC. GATE POST CLEARANCE BAR DEL PIPE BOLLARD DETAIL AO.1 "ATE , (D SCREEN WALL SECTION Exhibit C-Site Plan Exhibits-Ordinance No.3817-Page 3 of 7 — 21)'45" E 3 ❑ h u 00000 � Q` u i R• mo..«..- �.� - - - a o ...- ,,..,.E....a.wh,.....�., ... s o.,,......�.o....,�.h. (9" 0 S 89'1516 W 157.89 STANDLEY STREETmm IIN M..d I®© u L_ . Exhibit C-Site Plan Exhibits-Ordinance No.3817-Page 4 of 7 C o o o a O Om �oreiK—mw,urxeuer¢cxw� � I a /y I/y /y /y O ". O ,neuu,m na�Krv¢a wwrvxa, �� � �� � �zNgm ku 47�En..e.... eLevnTlO' aR °° `° /1wesT ExTERIOR ELevnTloN as A ¢n E U um,.,sw,w wu,rvm worn m voe c,aam o-���� sr:i�sx" U�` - a u�sc.m, ,i ° rv�rvry r,.nm. rv„rvrvry ooa��" � �a xd a ��oR1H Px1PRioR P�evnlioN �,, `¢° aunrva. i,e sc/ex rvurc rvrvry ten¢ one r aaa s ore<ww a.n, wwc ,r—c�arr�mry �noxwrvo soG u,¢MATERIAL LEGEND IIIIIIIIIIIIITTI d s.wo�rvo s..cao�wc C, 0 o ,,. I s / E �LE L " use[cixss iiNt[� N[ � —�<-,avEaaLL— �� G//// c� ELEvnnoNs awn nwmrvrvawa vnrewx rw�meoaw REM DEL O RA PLAN \REMODEL PLAN s. /� /�\SOUTH EXTERIOR ELEVATION re n e. ruomare W A 4 �rva / CHICKEN EXPRESS Exhibit C-Site Plan Exhibits-Ordinance No.3S17-Page 5 of 7 S/F WALL SIGN 1�uuua�a�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�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�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�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�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�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�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�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�. NORTH ELEVATION Scale:3/32"=1'-0" 64'-a„ l L � N � SCOPE OF WORK: MANUFACTURE AND INSTALL(1)S/F CHICKEN EXPRESS WALL SIGN FOR NORTH ELEVATION AS SHOWN. Illllllllluuuuu���pp� nn�mmsuvw.rnnr�nnaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaia N tlnN�p�U),NNNN pINNN@tl)�NNpN@Gpp NN(KNtl��ll DRAWING:9704-23 PROJECT: CUSTOMER SIGNATURE N�i i��l��te�IOli iNd����YIw I a Ai�Vr�M a II ICI Yn fll Mrvr,�ggdl I( ' I �;�uryUU REVISION: Maul �usP�a ��o "Hi Aie�r"�i nkh�ppiar uil�u;�U�atla� �uiaaY�n�iu�'�larp�d��uaary fpu,�)m DATE:7-31-23 CHICKEN EXPRESS 5110 DAVIS BOULEVARD SALES:RICK ROBERTSON NORTH RICHLAND HILLS.T..7618D it ART:TIM DAVIS i0i� i�liilG///��/l/OG/ i// auauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauau CHICKEN EXPRESS Exhibit C-Site Plan Exhibits-Ordinance No.3S17-Page 6 of 7 S/F WALL SIGN 1�uuua�a�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�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�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�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�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�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�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�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�. INTERNALLY ILLUMINATED Scale:3/4"=V-0" FRONT: no SIDE: SOR. wA(AN RDB, L[O LIGxTING (NON-CORROSIVE) aLExIO�Ass EacE O 0, ALBtiIINNis TRItiI LISTED N E�CPRESS® �WERSUPP( LNRDNB.S SQUARE TUBE 11"Al"S ALLANI-1 RAME (NON-[ORUDSNE) 101, WALL (1)120 V0R/20 AMP OKUR NEEDED SECONDAWSIGN LOAD:2 AMPS SCOPE OF WORK: COLORS: MANUFACTURE AND INSTALL(1)S/F CHICKEN EXPRESS IS CHICKEN RED(STANDARD) WALL SIGN FOR NORTH ELEVATION AS SHOWN. ❑CHICKEN YELLOW(STANDARD) -ALUMINUM SIGN CABINET&TRIM PAINTED RED. BLACK(STANDARD) WHITE ACRYLIC FACE w/COMPUTER CUT VINYL GRAPHICS APPLIED TO SURFACE. INTERNALLY ILLUMINATED WITH WHITE LED LIGHTING. Illllllllluuuuu(��pp� nnlmmiuiuivw�r�nnrunnaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaia N tlnN�p�U�,NNNN pINNN@tl)�NNpN@Gpp NN(Ktttlpgll PII'Ull a ry �IV m �N�ui(�(�lea ��� DRAWING:970423 PROJECT: CUSTOMER SIGNATURE IIOD I(I Yn fppBll Mrvr�,�dl I( (' 19� �;�uryUU REVISION: Ild�l auS��� P10 d��i A'iol n�dp pplbdaq ( uq�u;�atl�� �ul(aPCn�lu�'�':rp�o��rcaRry fpu,��m DATE:7-31-23 CHICKEN EXPRESS ((h g4�Bum pp IAp ol,��t(u�(Jud rvo�h�d���P��p 1�� 5110 DAVIS BOULEVARD SALES:RICK ROBERTSON NORTH RICHLAND HILLS.TX.7618D IB N ART:TIM DAVIS �iiErr�dioat�liiiit 01/ i�iilG///1�l/OG/ i/ auauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauau Exhibit C-Site Plan Exhibits-Ordinance No.3817-Page 7 of 7 NOTESSYSYMBOL 0,. i p i _- _ _ O = E a -. - > T� T� _ _ T. T. _ a CENENAL NOTES i 4 5 o C1 OJ >Z -------------------------- z r i .. ., v .. T,l -- (\ 4 W3 - 6 P a. - � - _ �,POLE BASE DETAIL - - = = - - o L = = STAIND[EY STREET _ - - -- -- �.;r — o-i — --- -_-_ - .� _. --- -- -.-. N w.E„ PHOTOMETRIC SITE PLAN pQ �_ - ^^ - {- EP�H'OTOMETRIC u .,...,.... a BeaiRl HiNaross, IN in EO. ---- ----- ----- ------- V "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: ZC23-0069, Ordinance No. 3818, Public hearing and consideration of a request from the Redinger Group, LLC for a revision to a Planned Development at 6716 Stardust Drive, being 2.88 acres described as Lot 3, Block 1, Ranger Crossing Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Somerik Realty LLC, Redinger Group LLC is requesting a revision to the planned development zoning district for 2.88 acres located at 6716 Stardust Drive. The applicant is proposing a single-family detached development on the site. GENERAL DESCRIPTION: The property under consideration is an undeveloped 2.86-acre site located on the south side of Stardust Drive, approximately 300 feet east of Rufe Snow Drive. The site abuts an automobile repair facility (Service King) on the west, the Summer Crossing (platted as Estates at NRH) neighborhood on the north and east, and the TEXRail right-of-way on the south. The Cambridge Place subdivision is located south of the property across the railroad right-of-way. The property is zoned RI-PD (Residential Infill Planned Development), which was approved by City Council on August 22, 2022 (Ordinance 3754). Following that approval, it was discovered that a 25-foot gas pipeline easement was located on the property adjacent to the TEXRail right-of-way. This easement was not indicated on surveys of the property, and it affected seven of the proposed lots on the approved layout. To address this finding, the applicant has redesigned the project and is requesting an amendment to the planned development standards. A narrative provided by the applicant that describes the request is attached. Concept plan exhibits for the project are attached, and a comparison of the previous plan and proposed plan is below. The property is generally triangular, being approximately 210 feet wide and 325 feet deep. The proposed development includes 14 single-family lots with an overall density of 4.9 dwelling units per acre and a minimum dwelling unit size of 2,000 square feet. The lots front a looped street that has a single point of access to Stardust Drive, with all lots across the street from the central open space lot. The typical lot is 50 feet wide by 80 feet deep. Most of the lots range in size from 4,000 square feet to 5,200 square feet, with the two southernmost corner lots exceeding 10,400 square feet. "K NOKTH KICHLAND HILLS 2022 PLAN 2023 PLAN C , F ( M " i� ff6r�NJ " F " Residential Lots 16 single-family lots 14 single-family lots Residential Density 5.59 units/acre 4.9 units/acre Lot Sizes 3,880 - 6,400 sf Regular lots(12):4,000-5,200 sf Avg. lot size:4,400 sf South corner lots(2): 10,500 sf Garage/Driveway Street access for all lots Street access for all lots Access Front entry garages for all lots Front entry garages for all lots Open Space 3 open space lots 4 open space lots 0.25 acres(8.7%of project) 0.33 acres(11.5%of project) Street Access Stardust Drive(one entrance) Stardust Drive(one entrance) The development incorporates approximately 14,000 square feet (0.33 acres) of open space, which makes up 11.5% of the site. Most of the open space is located in a 3,722- square-foot lot in the center of the development and a 7,876-square-foot lot located adjacent to the TEXRail right-of-way. Open space lots are also located adjacent to Stardust Drive to provide areas for entryway signage, street trees, and landscaped entries. The size and scope of open space improvements appears suitable for a 14-lot homeowner's association to maintain in the long term. The proposed conditions of approval for this RI-PD district are attached. Applications for rezoning to the RI-PD district provide an opportunity to address modifications to specific site development and building design standards for the site. These conditions are based on the applicant's proposed development of the property. These conditions may be modified throughout the public hearing process, but they are subject to final approval by City Council. LAND USE PLAN: This area is designated on the Land Use Plan as Medium Density Residential. This designation provides for attached dwelling units such as duplexes and townhomes as well as higher density detached dwelling units such as zero lot line patio/cottage home. General characteristics of these neighborhoods include amenitized neighborhood open spaces, wide sidewalks, street trees, alley-accessed driveways and garages, a density of six to eleven dwelling units per acre, and houses of one, two, and three stories. CURRENT ZONING: The property is currently zoned RI-PD (Residential Infill Planned Development). The RI-PD zoning district is intended to encourage residential development of small and otherwise challenging tracts of land by offering incentives that "K NOKTH KICHLAND HILLS encourage creative and inventive development scenarios. These developments are limited to residential development or redevelopment of less than ten acres. SURROUNDING ZONING ( LAND USE: NORTH PD(Planned Development) Low Density Residential Single-family residences WEST 1-2(Medium Industrial) Retail Commercial Auto repair facility SOUTH RI-PD(Residential Infill Planned Low Density Residential Single-family residences Development) EAST PD(Planned Development) Low Density Residential Single-family residences PLAT STATUS: The property is unplatted. Approval of a preliminary plat; engineering plans for streets, utilities, grading, and drainage; and a final plat would be required prior to any construction. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 21, 2023, meeting and voted 6-0 to recommend approval, with the condition that sidewalk access be required between the central houses and the open space sidewalks. RECOMMENDATION: Approve Ordinance No. 3818. sir 0 . yd� u a d uu�,U fix:.- ...... / �....... 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" RH PUBLIC HEARING NOTICE NO&TH KICHLAND HILLS CASE: ZC23-0069 -OWNER- I'll,ieI'lai,ii,iii,igai,idZoi,iri,igCoininiss oi,i pubhc -MAILING ADDRESS- hearkng date for th s apahcatbn has Ineen -CITY—STATE- -ZIP- revised due to an error in the xevbus nofte '!he pubhc hearkng dates have not changed Contact the 'lannkng& Zonkng Iltc partinent Wth any questbins You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a planned development revision as shown on the attached map. APPLICANT Redinger Group, LLC LOCATION 6716 Stardust Drive REQUEST Public hearing and consideration of a request from the Redinger Group, LLC for a revision to a Planned Development at 6716 Stardust Drive, being 2.88 acres described as Tract 1A2, John C Yates Survey, Abstract 1753. DESCRIPTION Request for a revision to an existing residential planned development to adjust the configuration of the lots and to reduce the number of single family lots from sixteen to fourteen. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, September 21, 2023 City Council 7:00 PM Monday, October 9, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP Aa 1,.. w F)�l;�r Pk Vf' vmc,mun :a,wuwn«e � '' �yyIYYYYI� a ra .s �Uixa W �! * a LhNLY U:E EC LILE /�� a 8r 0 Al , s`c. s• s 1f IA -.— �.... ..,.. na.:n s,xosmzs' 6713 67176721 6801 -- 6101 6104 6125" :. 1 � 6929 7020 �rss, 6040 6709 6250 6013 6020 6925 6948 6136 6929 6009 6016 6917 F6o9 uil"r - 6944 6716 6708 6813 6817 6005 ��� 6940 I �w 6712 6721 6936 6821 � " Asa 6601 6012 6928 6000 .6705 6713 5717 6920 692'4 '� 6625 6829 6932 imi s :6701 6709 5 814 l3�r, ; Isom6916 , 6818 6929 7201 5TAf7a U5T 6004 6921 6925 .._.. _. ., %I�iii 6822 6000 6826 6913 6830 5932 `gym 6834 6838 6901 6917._... 5904 :Fm ,,.6965 69 Z ;- 6455 6849 �J9 - 5928 t74�?'fp "s' 1 68416845 5921 5924 6u _ 5920 5916 5917 5909 ,,, `6821 ''6829 6837 5916. 6883. 5912 5913 5912 ,,,, .... 5900 6817 6825 591.3 6704 6809 CY 5908 "5909 5908 6613 9909„ � 5904 5905 6749 6805 ��\�D 6832 6836 59©5 ��l 5904 CQ 6823 5900 5901 5902 - 6749 .6745. 68o1L 5901 ,. 590 -6733 6737 6720 ._ ......._ 6903 1 725 6729 IRON HORSE 6709 6717 6721 6837 6845 6905 692.3 6.. 6817 6821. 6829 68411 6901 6921 692 6705 6750 Ei825 6633 6909 699.7 6925 J��+e 6701. 6713 6790 _ 6800 6804 WEST'IBIURY Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC23-0069 BIRDVILLE ISD 6125 E BELKNAP ST HALTOM CITY,TX 76117 CESAR&JULIE BARRAZA FAMILY TRUST 6821 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 CHA BON S 6729 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 DAWSON,REGINALD 6737 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 DAY,LISA 6705 STARDUST DR NORTH RICHLAND HILLS,TX 76180 DORIA RAMON G 3313 HAYNES AVE MIDLAND,TX 79707 DRAGOO,EMILY B 6721 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 DUGULESCU,LUCIAN 6916 HEATHER LN NORTH RICHLAND HILLS,TX 76182 EAGLE RESOURCES LTD PO BOX 33037 FORT WORTH,TX 76162 EDWARDS,JOHN 6745 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 ESTATES AT NRH HOMEOWNERS ASSO PO BOX 650255 DALLAS,TX 75265 FREENEY,STEVE 6717 STARDUST DR NORTH RICHLAND HILLS,TX 76180 GERAYLI TEXAS PROPERTIES LLC 31921 MONARCH CREST LAGUNA NIGUEL,CA 92677 HALE,RALPH 6701 STARDUST DR NORTH RICHLAND HILLS,TX 76180 HAMMONDS FAMILY REVOCABLE TRUST 6818 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 HOGAN,PAMELA S 6809 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 HOWELL,BRENDA C BUCHSTEIN 6813 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 JINDANI,SHAHABUDDIN 6713 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 KATHIYA,SOYEBMOHMED 6829 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 KHADKA SANTOSH 6717 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 KHATIWADA,DEVENDRA 6721 STARDUST DR NORTH RICHLAND HILLS,TX 76180 KNOX,FRANK 6825 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 MARISCAL ANDREA 6838 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 MILLS FAMILY TRUST 6733 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 MORENO,MARTIN 6825 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 MUELLER,ERIC 6000 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 NIROULA PRAVESH RAJ 6801 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 ORTEGA,SERGIO 6829 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 PATHAMMAVONG,SICHANH 6834 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 PAUDEL,AMY 6817 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 PENA PAUL III 6826 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 POUDEL,DURGA 6822 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 REGIONAL RAIL ROW CO PO BOX 660163 DALLAS,TX 75266 REVLYN APPLEWHITE HENDERSON LIVING TRUST 4505 SLEEPY MEADOWS DR FORT WORTH,TX 76244 ROBERTS,SAMUEL EUGENE 6749 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 SERVICE KING PAINT&BODY INC 808 S CENTRAL EXPWY RICHARDSON,TX 75080 SHRESTHA,MIVA 6713 STARDUST DR NORTH RICHLAND HILLS,TX 76180 STAMBAUGH,DONNAS 6817 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 STEPHEN,MARGARET 6709 STARDUST DR NORTH RICHLAND HILLS,TX 76180 STEWART,DANIELJ 6712 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 TAUBENHEIM,SCOTT 6741 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 VILLEGAS,ALDO 6805 CAMBRIDGE DR NORTH RICHLAND HILLS,TX 76180 WEATHERRED,PEGGY 6813 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 NOTIFIED PROPERTY OWNERS ZC23-0069 � a einin^ e WILLIAMS,JACOB 6821 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 YOGI,BINOD 6830 DREAM DUST DR NORTH RICHLAND HILLS,TX 76180 .......67,09..,,.. - 6801 6805/ ! 6009 13 - 6921 6040 6809/ , 6250 6016 6125 6917 Vljl 6708 �r W r 6813 i P 6936 ......,, r, 7n h 6 _ �� 681 % 6005 AERIE DA�yN 6712 � „� / �5i6821� 6000 i 6012 8 6932 6721 692 m�. ,-' i �� .� 6001 nv 11w i 6717 '-., / 25 6829 / 6924', mill 20 A� � 69 6705' 6713 �Q 6008 6916 u 6701, 6814 i S " .... /6818 i STARDUST � �6822 ; 6004 6913 6826 6000p 69/09 6838I 6830 6834 6905`,. 5904 7 6845�- Mir- 6849 0 6901, 6841 6833 6837 3 5616 O 5900 68 O 6829 � �0 LLI 5900 6455 6 5913 LL 6704' 6813 S� ir 17 5909 680 10 6801 0G 6832 6836 5905 6805 CiP 6828 6741 674 5901 674 67a7 6720 673 6725 IRON HORSE 6825......... .. ............................... 2 i ......... .._.....6833 6 67i � ... 672g 675Q' 6817 6821 68376841 6709 � 6701 ;" 6829 6845 Prepared by Planning 6/22/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,orsurveying N 0 55 110 220 330 440 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. STATEMENT OF PLANNING OBJECTIVES: Wayfarer Place Addition A Proposed Single Family Residential Development Located in the City of North Richland Hills, Texas at the South side of Stardust Drive, one block east of Rufe Snow Includes Zoning Change Request to revise the existing Medium Density Residential Planned Development (PD) - consistent with the Vision 2030 NRH Land Use Plan, Statement of Intent, Neighborhood Requirements & Concept Site Plan. Presented By: Clayton Redinger 250 Miron Drive Southlake, Texas Phone: 817-253-5727 May 18, 2023 Table of Contents I. Statement of Intent II. Planned Development Requirements III. Exhibits A. Decorative Light Poles & Mailbox Cluster B. Typical Home Elevations C. Survey Exhibit I. STATEMENT OF INTENT The proposed development will contain 14 residential homes constructed on 5,554 square foot average lot size with minimum 20-foot front setbacks, 10-foot rear setbacks and 5-foot side yards. Homes will be a minimum of 2,000 square feet. Density for the overall neighborhood will be approximately 5.8 units/acre. The proposed development will have 35,077 square feet of road, sidewalk and R.O.W. making up approximately 28% of the total area, and will also include approximately 14,000 square feet of common/green space making up approximately 11.1% of the total area. The neighborhood will be served by standard 30-foot streets. Homes will be one and two story with cementitious, board & batten or gap & lap siding on all sides to accommodate the popular modern farmhouse architectural styling (see Exhibit B). Typical roof pitch will be a minimum of 8:12. Dormers and shed roofs for architectural elements can be a lesser pitch where appropriate. All open space will be landscaped. A Homeowner's Association (HOA) will own and maintain landscaping within open space areas and walls within wall easements. All homes will be required to have significant landscape features as well as automatic lawn irrigation sprinkler systems. The perimeter fencing shall be per the landscape plan. An extruded aluminum fence (iron fence look) is proposed along the Stardust Drive frontage within the open space and a masonry monument sign/screen wall is proposed on each side of the entrance. A 6' masonry screen wall is proposed along the west side of the development. Wood fencing will be constructed on the property lines and the south boundary, and existing fencing will be preserved where possible along the east side of the development. Currently, the proposed development is zoned PD. We are proposing a plan development (PD) or R-2 residential zoning. II. PLANNED DEVELOPMENT REQUIREMENTS 1. The primary buildings will be a minimum of 2,000 sf with modern farmhouse styling. 2. Home exteriors will be a cementitious, board & batten or gap & lap siding. 3. The fencing around the subdivision will be as shown on the landscape plan wall/fence diagram. 4. The builder will install the sidewalk in front of each home at the time of construction and will be 4 feet wide. 5. Every home will have a full yard sprinkler system with freeze and rain detectors. 6. There will be a mandatory Homeowners Association (HOA) which will be responsible for the maintenance of common open space areas as well as the perimeter masonry walls. 7. The builder will be required to plant 2 trees in the front yard (one between the building line and right of way line and one tree between the sidewalk and street). The type of tree will be a hard wood variety (oak, elm, pecan, etc.). Street trees must be a live oak or cedar elm species. The four Common/Green Space areas will represent an additional 16-20 planted trees. Street trees must be spaced 20 feet apart. 8. The street lights will be decorative and selected from Oncor`s decorative street light brochure by the developer. 9. There will be no minimum requirement of open area for the back yard of each lot. However, there will be a minimum 10 foot rear building line. 10. The garage doors will be front entry with decorative doors. No 3-car width garage doors will be permitted. 11. There will be a minimum of a 6-foot iron fence on Stardust Drive and a masonry screen wall/monument sign at the entrance. 12. The open space lots will be irrigated and landscaped per the landscape plans. 13. All above ground utility pedestals and boxes will be set back a minimum of 5 feet from the public sidewalk and contained within a utility easement. ORDINANCE NO. 3818 ZONING CASE ZC23-0069 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY AMENDING THE RESIDENTIAL INFILL PLANNED DEVELOPMENT (RI-PD) FOR 2.88 ACRES OF LAND LOCATED AT 6716 STARDUST DRIVE FOR THE PURPOSE OF REVISING THE DEVELOPMENT STANDARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the City Council of the City of North Richland Hills previously approved a residential infill planned development for the property; and WHEREAS, the owner of the property containing approximately 2.88 acres of land located at 6716 Stardust Drive (the "Property") has filed an application to amend the residential infill planned development to revise the development standards; and Ordinance No. 3818 ZC23-0069 Page 1 of 4 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 21, 2023, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 9, 2023, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills and residential infill planned development for 6716 Stardust Drive are hereby amended to revise the development standards for the property, containing approximately 2.88 acres of land, commonly referred to as 6716 Stardust Drive, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to herein approve the residential infill planned development in accordance with the requirements of the Residential Infill Planned Development (RI-PD) district Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved Ri-PD (Residential Infill Planned Development) zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the R-2 (Single-Family Residential) zoning district, and the additional zoning standards as set forth in Exhibit "B." Ordinance No. 3818 ZC23-0069 Page 2 of 4 Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. Ordinance No. 3818 ZC23-0069 Page 3 of 4 AND IT IS SO ORDAINED. PASSED AND APPROVED on the 9th day of October, 2023. 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: Clayton Comstock, Planning Director Ordinance No. 3818 ZC23-0069 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3818— Page 1 of 1 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas BEING a 2.86-acre portion of a tract of land situated in the John C.Yates Survey,Abstract Number 1753,City of North Richland Hills,Tarrant County,Texas conveyed to Service King Paint& Body Inc, as described in a deed recorded in Volume 9290, Page 1785, Deed Records,Tarrant County,Texas(D.R.T.C.T.)and being more particularly described as follows: BEGINNING at a capped iron rod found at the southeast corner of said Service King Paint& Body tract,at the most southerly corner of Block B, Estates at NRH, an Addition to the City of North Richland Hills,Tarrant County,Texas, according to the map thereof recorded in Volume A, Page 7954, Plat Records, Tarrant County,Texas, in the north line of St. Louis&Southwestern Railroad,a 100-foot right-of-way; THENCE with the north line of said St. Louis&Southwestern Railroad South 64 degrees 27 minutes 17 seconds West, a distance of 563.28 feet,to a capped iron rod set stamped"GSI SU RVEYING"for the southwest corner of said Service King Paint& Body tract,for the southeast corner of Lot 3, Block 1, Ranger Crossing,an Addition to the City of North Richland Hills, Tarrant County, Texas, according to the map thereof recorded in Volume 388-208, Page 44, Plat Records,Tarrant County,Texas; THENCE with the common line between said Service King Paint& Body tract and with said Lot 3, North 02 degrees 51 minutes 18 seconds East, a distance of 390.84 feet,to a capped iron rod set, stamped "GSI SURVEYING'for the northwest corner of said Service King Paint& Body tract,for the beginning of a curve to the right, having a radius of 229.28 feet, in the south line of Stardust Drive,a 60-foot right-of-way; THENCE with the south line of said Stardust Drive,the following three(3)courses and distances: 1. with said curve to the right, a chord bearing and distance of North 75 degrees 25 minutes 48 seconds East,86.73 feet,an arc length of 87.26 feet; 2. North 64 degrees 33 minutes 47 seconds East,a distance of 34.79 feet,to the beginning of a curve to the right having a radius of 50.00 feet; 3.with said curve to the right a chord bearing and distance of North 73 degrees 36 minutes 03 seconds East, 88.40 feet,an arc length of 108.44 feet,to the northeast corner of said Service King Paint& Body tract; THENCE with the common line between said Service King Paint&Body tract and with said Block B,South 54 degrees 03 minutes 55 seconds East, at 40.98 feet passing a capped iron rod found, in all a distance of 356.42 feet to the POINT OF BEGINNING and containing 2.88 acres of land. Exhibit B—Land Use and Development Regulations—Ordinance No. 3818— Page 1 of 8 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas This Residential Infill Planned Development (RI-PD) District must adhere to all the conditions of the North Richland Hills Code of Ordinances,as amended, and adopt a base district of R-2 (Single- Family Residential).The following regulations must be specific to this RI-PD district. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted Land Uses. Uses in this RI-PD are limited to those permitted in the R-2(Single Family Residential) zoning district, as amended, and subject to the following. 1. Any land use requiring a special use permit in the R-2 (Single-Family Residential) zoning district, as amended, is only allowed if a special use permit is issued for the use. 2. Any land use prohibited in the R-2 (Single-Family Residential) zoning district, as amended, is also prohibited. B. Site development standards. Development of the property must comply with the development standards of the R-2 (Single-Family Residential) zoning district unless otherwise provided below. 1. The minimum standards for lot dimensions and setbacks areas follows. STANDARD MINIMUM REQUIREMENT Lot area 4,000 square feet .................................................................................................................................................................................................................................................................................................................................................................................................................................................... Number of residential 14 lots lots(maximum) ................................................................................................................................................................................................................................................................................................................................................................................................................................................. Lot width, interior 50 feet .................................................................................................................................................................................................................................................................................................................................................................................................................................................... Lot width,corner 55feet ................................................................................................................................................................................................................................................................................................................................................................................................................................................. Lot depth 80 feet .................................................................................................................................................................................................................................................................................................................................................................................................................................................... Front building line 20 feet facing street 5 feet facing open space ................................................................................................................................................................................................................................................................................................................................................................................................................................................. Side building line 5 feet interior 10 feet on corner street side 20 feet on reverse corner street side .................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rear building line 10 feet Rear yard open space Not required 2. The development must set aside at least ten percent (10%) of the land area as common open space.All common open space areas and amenities must be owned and maintained by the home owner's association. The common open space areas must be designed as shown on the site plan attached as Exhibit "C." Exhibit B—Land Use and Development Regulations—Ordinance No. 3818— Page 2 of 8 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas 3. Fencing must be designed as shown on the site plan attached as Exhibit "C" and is subject to the following. a. A six- (6-) foot tall masonry screening wall must be constructed on the rear property line of the single-family lots abutting Lot 3, Block 1, Ranger Crossing Addition. The columns may not exceed seven (7) feet in height. The wall must include a twelve (12) inch mow strip. The developer is responsible for the wall construction as part of the public improvements for the subdivision. b. A six- (6-) foot tall ornamental metal fence must be constructed on the side lot lines of the single-family residential lots that abut the open space lot adjacent to Stardust Drive, as depicted on Exhibit "C." Wood privacy fences are prohibited adjacent to the open space lots. c. A six- (6-) foot tall ornamental metal fence must be constructed on the rear property lines of the open space lot abutting the railroad right-of-way, as depicted on Exhibit "C." The developer is responsible for the fence construction as part of the public improvements for the subdivision. d. Privacy fences constructed on residential lots must be a pre-stained board-on-board cedar fence with top cap and side trim; metal posts, brackets, and caps. The privacy fence must not exceed eight (8) feet in height. However, where a privacy fence intersects an ornamental metal fence on an open space lot or a masonry screening wall, the privacy fence must transition to six (6) feet in height over the course of at least one fence panel. 4. Sidewalks, crosswalks, and parking areas must be designed as shown on the site plan attached as Exhibit "C" and are subject to the following. a. A four- (4-) foot wide sidewalk must be constructed on internal streets adjacent to all single-family residential lots.The builder is responsible for the sidewalk construction. b. A four-(4-)foot wide sidewalk must be constructed on Stardust Drive and the internal streets adjacent to all open space lots in the development. The developer is responsible for the sidewalk construction as part of the public improvements for the subdivision. c. A four- (4-) foot wide sidewalk must be constructed to connect the front porches of houses on Lots 13 and 14 to the sidewalk located in the open space in front of the lots.The builder is responsible for the connecting sidewalk construction. d. Crosswalks must be designed and installed as shown on the site plan attached as Exhibit "C." All crosswalks must be at least six (6) feet wide and enhanced with a decorative stamp and stain or dyed as approved by the Development Review Committee. Exhibit B—Land Use and Development Regulations—Ordinance No. 3818— Page 3 of 8 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas 5. Utility construction is subject to the following. a. Lateral and service lines for all franchise utilities must be placed and maintained underground. b. Streetlights must be selected from Oncor's decorative street lighting options, excluding any fiberglass poles. c. New aerial utilities are prohibited as part of this development. 6. The development must include cluster mailboxes. The mailbox design must be equipped with decorative tops and pedestals. The location and design must be approved by the Development Review Committee and US Postal Service. 7. Development entry signs must be designed and installed in accordance with Chapter 106 —Signs of the North Richland Hills Code of Ordinances and details attached as Exhibit "C." 8. Landscaping must be designed as shown on the landscape plan attached as Exhibit "C" and is subject to the following. a. The landscape improvements shown in the open space lots on the site plan are considered conceptual for the purpose of identifying the proposed location and type of improvements on the lot. A formal landscape site plan prepared by a Registered Landscape Architect must be submitted for approval by the Development Review Committee. The plan must be submitted with the public infrastructure plans for the development. b. Street trees must be planted in open space lots adjacent to Stardust Drive. The trees may be spaced twenty (20) to fifty (50) feet on center, provided the average spacing is thirty (30) feet on center. c. Landscaping on and adjacent to individual residential lots is subject to the following. i. On all lots, at least two (2) trees must be installed. At least one (1) tree must be a Large/Canopy Tree of a hardwood species such as oak, elm, maple, or similar species at least three (3) caliper inches in size. One (1) tree may be a Small/Ornamental tree selected from the City's Plant List. ii. On all lots, one (1) street tree must be planted between the sidewalk and curb adjacent to the front of each lot.The street trees must be spaced a minimum of twenty (20) feet apart and must be maintained to provide proper clearance along the sidewalk and street. iii. The front yard of all lots must be landscaped with a minimum of eight (8) three- or five-gallon shrubs and eighteen (18) one-gallon shrubs. The shrubs must include at least three different species. d. All landscaped areas of each residential lot and each open space lot must be watered by an automatic underground irrigation system equipped with rain and freeze Exhibit B—Land Use and Development Regulations—Ordinance No. 3818— Page 4 of 8 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas sensors.All large and ornamental trees must be on bubbler/drip irrigation on separate zones from turf grass. e. The homeowner's association is responsible for the maintenance of the landscaping and trees within all open space lots. C. Building design standards. Building design and appearance must comply with the standards described below. 1. The conceptual building elevations attached as Exhibit "C" are intended to be a reference for architectural elements and design techniques. The purpose of the elevation is not to dictate how residences are designed, but to provide flexibility for variety and ensure that the community possesses a distinct character. 2. The minimum dwelling unit size is 2,000 square feet. 3. The maximum structure height is thirty-eight (38) feet. 4. The exterior walls of dwelling units are subject to the following. a. The construction of exterior walls must be designed and constructed in accordance with Section 98-125 (Railroad noise attenuation) of the North Richland Hills Code of Ordinances, as applicable. b. Exterior wall material changes may not occur at a front outside corner of the front elevation. Materials must wrap at least two (2) feet around the side elevation. 5. Garages are subject to the following. a. Front entry garages are permitted within the development. At least four (4) houses must have individual doors separated by a minimum twelve-inch (12) wide column. b. The garage entry must be set back at least twenty (20) feet from the property line. c. The proportion of garage doors on a front building fagade may not exceed fifty (50) percent of the building width. d. Three-car garages are prohibited. e. Garage doors must include at least two of the following elements. i. Two single garage doors. ii. Decorative windows. iii. Decorative hardware. iv. Raised or recessed panels, reveals with texture. v. Garage door paint or stain that is darker in color than the trim of the dwelling. Exhibit B—Land Use and Development Regulations—Ordinance No. 3818— Page 5 of 8 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas 6. Driveways are subject to the following. a. Surface materials for driveways must be salt finished, aggregate pebble, pavestone, or stamped and stained concrete. b. The drive approaches must not exceed forty percent (40%) of the lot width as measured at the property line. 7. Building roofs are subject to the following. a. Roof must have a minimum pitch of 8:12 on front elevation of house, and a minimum pitch of 6:12 on the sides. Accent roofs, porch roofs, and shed roofs must be pitched 4:12 or greater. b. Roofing materials must have a minimum 30-year warranty. c. Three-tab shingles are prohibited. d. Mansard, gambrel, chalet, and flat roofs are prohibited. 8. Building elevations and floor plans are subject to the following. The purpose of this section is to limit the effects of repetition and uniformity by requiring substantive variation and diversity in front elevations within a certain lot pattern. a. The same front building elevation may not be repeated more frequently than every fourth lot. b. There must be at least two (2) dwellings , a#WpnKc7 located between dwelling units that have 1 2 the same building elevation or the same f lII�IIiII�IIUj I floor plan. c. The same floor plan may not be used if a dwelling with that floor plan already [ AW M, .l 4 ,:�' exists either directly across the street or diagonally across the street. d. A dwelling is considered sufficiently differentiated when three of the following elements are satisfied: i. Different number of full stories. ii. Change in the roofline that is at least fifty percent (50%) of the width of the front elevation. iii. Change in roof pitch of at least two units of change, e.g., 6:12 pitch to 8:12 pitch. iv. Inclusion or exclusion of a front porch or change in height of a front porch roof by at least four (4) feet. v. Difference in the number of dormers. Exhibit B—Land Use and Development Regulations—Ordinance No. 3818— Page 6 of 8 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas vi. Change in number of front-facing garage doors. vii. Garages recessed or projected by at least four (4) feet. viii. Change in exterior materials covering fifty percent (50%) or more of the wall coverage on the front elevation, excluding door and window openings. ix. Difference in the number of windows, provided there is at least two (2) feet of separation between windows when two or more windows are present. e. The following elements will not be considered when evaluating the elements stated a bove. i. Change in paint or material color. ii. Change in roof pitch of less than two units of change, e.g., 5:12 pitch to 6:12 pitch. iii. Change in roofline of less than fifty percent (50%) of the width of the front elevation. iv. Minor changes in exterior architectural features. v. Same proportions of exterior features, including flipped or mirrored front elevations. vi. Changes in roof material. 9. Each building must include the following architectural elements: a. Decorative coach lighting fixtures at least thirteen (13) inches in height. 10. Each building must also include at least three of the following architectural elements. a. At least two distinct masonry materials. b. Divided light or border light windows on street facing elevations, including front elevations and side elevations on corner lots. c. Enhanced brick details, such as herringbone, rowlocks, etc. d. Metal seam roof accents. e. Cedar shutter accents that are at least one-half the width of the window. f. Cast stone accents. g. Front porches with a minimum depth of at least six (6) feet and an area of at least sixty (60) square feet. h. Cedar columns. i. Dormers. j. Balconies. Exhibit B—Land Use and Development Regulations—Ordinance No. 3818— Page 7 of 8 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas k. Eight-foot-tall entry doors. D. Property owner's association. Each lot owner must be a mandatory member of the homeowner's association (HOA). Conditions, covenants, and restrictions (CC&Rs) for all property within the RI-PD district must be recorded in the official public records of Tarrant County by the owner before a final subdivision plat may be approved, a lot sold, or a building permit issued. Conditions, covenants, and restrictions that relate to provisions required in this district must be approved by the city attorney, and they must: 1. Create a property owners' association with mandatory membership for each property owner. 2. Establish architectural standards that are in conformity with the requirements of this RI- PD district. 3. Create an architectural review committee to review development for compliance with the architectural standards and issue certificates of approval for additions and exterior remodels prior to a building permit application. 4. Provide for the maintenance of the landscaping and trees within the right-of-way. 5. Provide for the maintenance of all common amenities, common areas, open space lots, and associated landscaping and irrigation. 6. Provide for the maintenance of fences and walls adjacent to open space lots and/or within dedicated wall easements. 7. At a minimum, the conditions, covenants, and restrictions establishing and creating the mandatory property owners' association must contain and/or provide for the following: a. Definitions of terms contained therein; b. Provisions acceptable to the City for the establishment and organization of the mandatory property owners' association and the adoption of bylaws for the association, including provisions requiring that the owner of any lot within the applicable subdivision and any successive buyer shall automatically and mandatorily become a member of the association; c. The initial term of the covenants, codes, and restrictions establishing and creating the association must be for a 50-year period and must automatically renew for successive ten-year periods, and the association may not be dissolved without the prior written consent of the City; d. The right and ability of the City or its lawful agents, after due notice to the association, to remove any landscape systems, features, or elements that cease to be maintained by the association; to perform the responsibilities of the association if the association fails to do so in compliance with any provisions of the covenants, codes, and restrictions of the association or of any applicable city code or regulations; to assess Exhibit B—Land Use and Development Regulations—Ordinance No. 3818— Page 8 of 8 Zoning Case ZC23-0069 Wayfarer Tract 1A2,John C Yates Survey,Abstract 1753 6716 Stardust Drive, North Richland Hills,Texas the association for all costs incurred by the City in performing said responsibilities if the association fails to do so; and/or to avail itself of any other enforcement actions available to the city pursuant to state law or city codes or regulations; and e. Provisions indemnifying and holding the City harmless from any and all costs, expenses, suits, demands, liabilities or damages, including attorney's fees and costs of suit, incurred or resulting from the City's removal of any landscaping, features, or elements that cease to be maintained by the association or from the city's performance of the aforementioned operation, maintenance or supervision responsibilities of the association due to the associations' failure to perform said responsibilities. E. Amendments to Approved Planned Developments. An amendment or revision to the Residential Infill Planned Development (RI-PD) must be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that zoned the land to the RI-PD district. The city manager or designee may approve minor amendments or revisions to the RI-PD standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. Exhibit C Site Plan Exhibits Ordinance No.3818 Page a 1 m STARRUST DRIVE / r u r%✓rrUr/✓O i 1 f� r/ ------------ I, -_ d� a w o ,; / W ce 0 f r V / l\ — i q SHEEI -- - - Exhibit C-Site Plan Exhibits-Ordinance No.3818-Page 2 of 5 O � SDI a `96 Wall[Fence Diagram 0 m<w �w a ---- ."�� Ent Si Elevation ry Sign -- -_ mE' flit --------------------- gf 6 Metal Fence with.Masonry Columns Owner: I ertk ReeIN.LLC • _n,� wry .nv - _-_-- �,..1713 Little Deer Fort worth,T%1619h r Engineer. �•�� .:' Retlln G—,LLC so�mleke, 76092 6 Thin Wall Fencing Tel:..253 5727 cb�ma.Cl Ree,,P.E. j wmnerr' rry i�.� � =° *=•<°U;'sa,e _ r.,. Planner SAGE GROUP,INC. 6`Board n Board Cedar Fence w{ l Posts .1 &� a r y Is Street Section{Typ) oaE ur.mrv:.n�,r oN. 25)LU23 1 3o• �►..I o 30 60' aao J � � Landscape Plan .ioNCEmm'nw.lh Way_fare_r Addition North Richland Hills,Tarrant County,Texas ib,,tC-Site Plan Exh�ts-Ordinance No.3818-Page 3of5 viciN mA 1w p T s 'SIal SOMERIK REAM,LLC 7� INST.D221248897 DUCT da�111111 d, dlll�l ................................................... q s;cS 111—"IT 11 IL T TLI -ID Zlull,IT" 5112"Ill's I I BOUNDARYSURVEY "o 1111 11 Ill T11 INT 11 1111141—..........T T, T 1111121 s GRAPHIC SCALE ............... (IN FEET OWNER N66L—SCHAFF6 I i.,h- 30 ft. Exhibit C -Site Plan Exhibits- Ordinance No. 3818- Page 4 of 5 B. Typical Home Elevations r Ad v i WON �9 r /� q, / , r a� yi 11 i N�� i Nei rr t t. ' grg Exhibit C -Site Plan Exhibits- Ordinance No. 3818- Page 5 of 5 III. Exhibits A. Decorative Light Poles and Mailboxes �� J 24 a m �IH I r�� t hr PIP� e N i r � MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 21, 2023 C.3 ZC23-0069 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE REDINGER GROUP, LLC FOR A REVISION TO A PLANNED DEVELOPMENT AT 6716 STARDUST DRIVE, BEING 2.88 ACRES DESCRIBED AS TRACT 1A2, JOHN C. YATES SURVEY, ABSTRACT 1753. APPROVED WITH CONDITIONS Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Curtis Young, Sage Group, 1130 N Carroll Avenue, Southlake, presented the request. Mr. Young discussed the previous approval of the planned development in August 2022 and how the approved site plan was affected by the discovery of a gas line easement at the south end of the property. Mr. Young discussed the details of the updated site plan and the changes made to accommodate the easement. Chair Welborn and Mr. Young clarified that there is not currently a builder involved with the project. Chair Welborn and Chase Medford, Somerik Realty, 1713 Little Deer Lane, Fort Worth, Texas discussed the house elevations provided and the dimensions of the houses. Chair Welborn, Commissioner Goetz, and Mr. Young discussed the mix of two-story and single-story homes. Commissioner Narayana and Mr. Young discussed the garage setback and the location of sidewalks on the central lots. Chair Welborn and Commissioner Narayana discussed the effect of the garage setback on the square footage of the houses. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Commissioner Goetz clarified that the sidewalks are four feet in width. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Commissioner Ross and Mr. Comstock discussed the location of a fenced Atmos area and how this would affect the homeowner on the southeast corner of the property, and discussed the location of a stop sign to control the traffic flow out to Stardust Drive and the emergency access to the property. Commissioner Goetz and Mr. Comstock discussed the availability of public parking on Stardust Drive. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Welborn closed the public hearing. Commissioner Narayana discussed possible reductions in the front setback to allow deeper pad area and setbacks for the garage. Chair Welborn discussed the walkability of the neighborhood and the effects of the garage setbacks. Commissioner Ross stated that he agreed with adding a condition to require sidewalk access for the center lots to the open space sidewalk but did not believe the setbacks on all the lots should be adjusted. Commissioner Goetz stated her support for the proposal due to the difficulty imposed by the layout of the lot. A MOTION WAS MADE BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER GOETZ TO APPROVE ZC23-0069 WITH THE CONDITION THAT SIDEWALK ACCESS BE REQUIRED BETWEEN THE CENTRAL HOMES AND OPEN SPACE SIDEWALKS. MOTION TO APPROVE CARRIED 6-0. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 2 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: ZC23-0074, Ordinance No. 3819, Public hearing and consideration of a request from Jason Haynie for a special use permit for a permanent accessory building and an accessory dwelling unit at 7409 Bursey Road, being 2.784 acres described as Lot 8R, Block B, Green Valley Country Estates. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Jason Haynie is requesting a special use permit for a permanent accessory building and an accessory dwelling unit on 2.784 acres at 7409 Bursey Road. GENERAL DESCRIPTION: The property under consideration is a 2.784-acre lot located on the north side of Bursey Road between Valley Drive and Hunter Lane. The site is developed with a single-family residence that was constructed in 2020. The property has 256 feet of frontage on Bursey Road and is approximately 515 feet deep. There are two buildings associated with this special use permit application: a permanent accessory building and an accessory dwelling unit. The permanent accessory building is a new structure that would be constructed near the rear northwest corner of the property. An existing accessory building near the house would be renovated and repurposed as an accessory dwelling unit. The proposed special use permit would address the timing of construction and several requested modifications to design standards. Permanent accessory building The proposed building would be located near the northwest corner of the lot. The building is 1,600 square feet in size, with a 400-square-foot covered porch on the east side. The overall footprint of the structure is 2,000 square feet, measuring 50 feet in width and 40 feet in depth. The building is 14 feet tall, with a wall height of 10 feet. The exterior walls are finished with metal panels. The building is intended to be used for storage of household items along with property maintenance and woodworking equipment. The building is not intended for the parking of vehicles. A project narrative, site plan of the property, and building elevation drawings are attached. ection 11 11_ 11_ ( J of the zoning ordinance establishes the requirements and standards for permanent accessory buildings and structures. For lots greater than 40,000 square feet in area, the zoning ordinance allows for consideration of a special use permit for varying from specific development standards. The accessory building is compliant with "K NOKTH KICHLAND HILLS nearly all development standards, including size, height, and location. The one standard the applicant is requesting modifications to is described in the table below. r • 110 IN 11 1111,111rs ®r ®® •lls!qxllpqpr r Minimum roof pitch 0 3:12 pitch on each side of the ridge o 4:12 pitch on each side of the ridge Separate electric service o Accessory buildings not permitted to have o Allow separate electric meter and service separate utility meters Accessory dwelling unit An accessory dwelling unit, also known as a "secondary living unit" under the city's zoning code, may be constructed on a residential lot, subject to certain development standards. These types of living units are intended for use by a family member or relative of the occupants of the primary house, and the units may not be rented or leased or have separate utility meters. A secondary living unit is permitted by right in the R-1-S (Special Single-Family) zoning district. The accessory dwelling unit is proposed to be included with the renovation of an existing accessory building located about 22 feet behind the house. The building is 579 square feet in area and has been on the property since at least 1979, based on historic aerial photos. A 500-square-foot attached covered patio was constructed on the east side in 2014. The overall building footprint is 1,079 square feet. The building is intended to include a bedroom and bath area that occupy approximately 284 square feet, and a gym area covering approximately 295 square feet. The building has water, sewer, and electricity service. The accessory building is compliant with all development standards except for the standards noted below. The applicant is requesting modifications to these standards as described in the table. A project narrative, site plan of the property, and building photos are attached. r • rs ®r ®® • r r Connection to primary residence o Unit must be connected to primary house by o Building and primary house not connected a breezeway attached to the roofline Maximum total floor area o Building floor area: 579 square feet o 650 square feet o Building footprint(covered area): 1,079 square feet LAND USE PLAN: This area is designated on the Land Use Plan as Residential Estate. This designation promotes neighborhoods defined by larger single-family lots and homes at a density of less than two (2) units per acre. These neighborhoods are characterized by large lots, rural street design, estate-style fencing, barns, and livestock. These properties address a specific market niche and add to the diverse mix of housing and lot options for the community. "K NOKTH KICHLAND HILLS CURRENT ZONING: The property is currently zoned R-1-S (Special Single-Family). This district is intended to provide areas for very low-density development of single-family detached dwelling units that are constructed at an approximate density of one unit per acre in a quasi-rural setting. The R-1-S district is specifically planned to allow for the keeping of livestock in a residential setting. SURROUNDING ZONING ( LAND USE: NORTH AG(Agricultural) Residential Estate Single-family residence R-1-S(Special Single-Family) Vacant WEST Residential Estate AG(Agricultural) Single-family residence R-1-S(Special Single-Family) SOUTH Low Density Residential Single-family residences AG(Agricultural) EAST R-2(Single-Family Residential) Low Density Residential Single-family residences PLAT STATUS: The property is platted as Lot 8R, Block B, Green Valley Country Estates. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 21, 2023, meeting and voted 6-0 to recommend approval, with the allowance for a separate electric meter for the permanent accessory building. RECOMMENDATION: Approve Ordinance No. 3819. ............... .................. ................. ............... ............... ................................................. ........... ........................................... .................................................. ............... ............... ...................... ....................... ......................... ................................................. ......................... ............... ................... ................................................ ...................... ......................... ............... ............... ............... ............... LU ................................................................ LU ............... z ........... .................................. ............... x ......................... z z ............... LU ....................................... ............... ............... .......................... .......................................................... ......................... ............... ......................... ............... ........... ...................... ............... ........................ ...................... ............... .................................................. ............... ............... ............... ............... BURSEY ........................ ................................................. ............... >. .................................................. ............... w ............... ............... a z 0 ................................................ ............ .............................................................. ...............I a I ............... ............... ............... ............... z 0 Prepared by Planning 8/30/2023 N DISCLAIMER This product product is for informational purposes and may not r I I have been preparedfororbe sultablefor legal,engineering,orsurveylng 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. S' l I ' a IIIIIII IIII� s� I it im mri a�� r � uuu Z w x r f 6G O r r � yr "✓r � ff. v° i. �) err „ � i �ri rl%k'6 � i r 4f�ril/A' /' i . Prepared by Planning 8/30/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,or surveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. " RH PUBLIC HEARING NOTICE NO TH KICHLA D HILLS CASE: ZC23-0074 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Jason Haynie LOCATION 7409 Bursey Road REQUEST Public hearing and consideration of a request from Jason Haynie for a special use permit for a permanent accessory building and an accessory dwelling unit at 7409 Bursey Road, being 2.784 acres described as Lot 8, Block 1, Green Valley Country Estates. DESCRIPTION Request for a special use permit for multiple accessory units on a property. The existing accessory unit is proposed to be renovated as an accessory dwelling unit and the second proposed building is a 1,200 square foot permanent accessory building to be used as a personal workshop and as storage. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, September 21, 2023 City Council 7:00 PM Monday, October 9, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests duringthe public hearing process,you are encouraged to follow the requestthrough to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP Lu y "!'"'" r' a i t u.0 r � p NO 10SON � I allUlU111111UI101�'1r�6 � � ��" ° I@DJ�91�I�I fIV1�1�� Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC23-0074 BRANDT,STEPHEN 7925 HUNTER LN NORTH RICHLAND HILLS,TX 76182 BROUSE,MONTY L 7912 LONDONDERRY DR NORTH RICHLAND HILLS,TX 76182 CHARLSEY WAUGH GENERAL PARTNERSHIP 1228 LAKESHORE DR MESQUITE,TX 75149 CHEN YUNG S 926 CREEKBEND DR KELLER,TX 76248 COPE,CLINTON J 7920 HUNTER LN NORTH RICHLAND HILLS,TX 76182 FRENCH,SCOTT E 7912 HUNTER LN NORTH RICHLAND HILLS,TX 76182 GONZALEZ CARLOS I 7905 HUNTER LN NORTH RICHLAND HILLS,TX 76182 GREFRATH,PHILIP JOSEPH 7916 HUNTER LN NORTH RICHLAND HILLS,TX 76182 HOGMAN,GARY 7401 BURSEY RD NORTH RICHLAND HILLS,TX 76182 JONES,DARRYL 7904 HUNTER LN NORTH RICHLAND HILLS,TX 76182 KARKI,BINOD 4109 POLARD DR APT 1107 IRVING,TX 75038 LAMBERT JEANNINE 7924 LONDONDERRY DR NORTH RICHLAND HILLS,TX 76182 LUTZ,CAREN P 7917 HUNTER LN NORTH RICHLAND HILLS,TX 76182 MILLER,DENNIS L 7900 HUNTER LN NORTH RICHLAND HILLS,TX 76182 NONAN,SUSAN ELLEN 7921 HUNTER LN NORTH RICHLAND HILLS,TX 76182 SCOTT,JAMES 7416 BURSEY RD NORTH RICHLAND HILLS,TX 76182 SIBLEY BRECKA L 7913 HUNTER LN NORTH RICHLAND HILLS,TX 76182 SIMON MICHAEL 7325 BURSEY RD NORTH RICHLAND HILLS,TX 76182 SPANGLER,LORI NICOLLE 7901 HUNTER LN NORTH RICHLAND HILLS,TX 76182 THE BEVERLEE A REDWINE REVOCABLE LIVING TRUST 7909 HUNTER LN NORTH RICHLAND HILLS,TX 76182 ...................11,111,111,1111,............... ............... ............................ ................. ............ ............... ................ ...................................................................... ............... ............... ................ . ................................... .......................................... ............... ..................... ............... ............ .............. .............. .............. ............... ........... ........... 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Prepared by Planning 8/30/2023 N --------L DISCLAIMER This product is for informational purposes and may not r -F-L-f -----J Feet have been preparedfororbe sultablefor legal,engineering,orsurveylng 0 60 120 240 360 480 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 08/16/2023 Response letter regarding DRC comments dated 8/1/2023 Zoning case ZC23-0074:Accessory building 7409 Bursey Road Please find requested comments/narrative as requested. 1a. The proposed permanent accessory building is planned to serve several functions. We will utilize it for storage of yard equipment,outdoor holiday decorations,etc. We will also use it to store normal household items such as clothing,furniture,etc that no longer is needed but being kept for specific reasons(Ex:keeping old kitchen furniture for daughter to utilize while away at college). We currently have a large storage unit that we are using and plan to eliminate the need for that with the new building. The building will also house wood working tools that I use from time to time. The timing of construction should be quick if zoning variance is approved. We have already chosen the company that will be doing the work and have plans completed. My goal would be to have it finished by the end of the year. The only planned utility for this building is electricity. 1b. The existing accessory building is planned to be used as an accessory dwelling unit. The footprint of the building itself will not change—approx. 579 sq ft;we are just renovating the inside. It is planned to have a bathroom (51 sq ft),a main area that can also serve as a bedroom 235 sq ft),and a gym (approx. 295 sq ft). This building was already on site when we purchased the property and has not changed since. It has water and sewer now. When the new home was built,we were made to pull the electricity. The end plan is for it to have water, sewer, and electricity. We plan to use electricity for heating and cooling, so no natural gas should be needed. 2. Please see above in reference to utilities. Accessory building will have electricity only,and the dwelling unit will have water/sewer(existing)and electricity. I would propose a variance to allow for a separate electricity meter for the proposed accessory building. Tying into the existing meter on our home would be extremely costly as it would involve going underneath a concrete drive,and add'I 175 ft or so of trenching that would also damage existing sprinkler system. 3. There will be no business or dwelling functions served by either of the accessory units. 4a. Standard—maximum number of buildings-I believe this standard is being cured by including both accessory buildings in this special permit application. 4b. Standard—4:12 pitch on each side of the ridge, I would propose a variance to allow for a 3:12 pitch 4c. The proposed building will have a lean to on the left side (east) of the building. There will be no vehicles parked here. This area is going to be used as a porch to the building and for plants so they will catch the morning sun and then be protected during the heat of the day. 5a. The accessory dwelling unit will never be rented or leased. It is planned to allow for family members to be able to stay when visiting. 5b. There are no plans to connect the primary house to the accessory dwelling unit by a breezeway attached to the roofline,so would be requesting a variance for this. The pitch of the primary house and the pitch of the accessory unit are such that it would be extremely costly to do this. Not to mention that it would be aesthetically unpleasant to do it in this manner. ORDINANCE NO. 3819 ZONING CASE ZC23-0074 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING UNIT AND A PERMANENT ACCESSORY BUILDING TO BE LOCATED AT 7409 BURSEY ROAD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a special use permit for an accessory building for the purpose of varying from specific development standards on lots 40,000 square feet or greater in area; and Ordinance No. 3819 ZC23-0074 Page 1 of 4 WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a special use permit for an accessory dwelling unit for the purpose of varying from specific development standards; and WHEREAS, the owner of the property located at 7409 Bursey Road (the "Property") has filed an application for a special use permit for a secondary living unit and permanent accessory building; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 19, 2023, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 97 2023, with respect to the special use permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize an accessory dwelling unit and a permanent accessory building Lot 8R, Block B, Green Valley Country Estates, commonly referred to as 7409 Bursey Road, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the special use permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Ordinance No. 3819 ZC23-0074 Page 2 of 4 Section 3: That the official map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Ordinance No. 3819 ZC23-0074 Page 3 of 4 Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED on this 9th day of October, 2023. 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: Clayton Comstock, Planning Director Ordinance No. 3819 ZC23-0074 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3787— Page 1 of 1 Special Use Permit Case ZC23-0074 Lot 8R, Block B,Green Valley Country Estates 7409 Bursey Road, North Richland Hills,Texas Being Lot 8R, Block B, Green Valley Country Estates, according to the plat thereof recorded in Document Number D222109253, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3819— Page 1 of 1 Special Use Permit Case ZC23-0074 Lot 8R, Block B,Green Valley Country Estates 7409 Bursey Road, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of R-1-S (Special Single-Family). The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) permanent accessory building and one (1) secondary living unit on the property. B. Permanent accessory building. The permanent accessory building must comply with Section 118-718(c) of the zoning ordinance and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit "C." 2. The accessory building must not exceed one thousand six hundred (1,600) square feet in floor area. 3. The covered porch area attached to the building must not exceed four hundred (400) square feet. 4. A separate electric meter may be installed on the building. C. Secondary living unit. The accessory dwelling unit must comply with the standards described below. 1. The accessory dwelling unit building must be located as shown on the site plan attached as Exhibit "C."The building is not required to be attached to the main house. 2. The accessory dwelling unit building must not exceed five hundred seventy-nine (579) square feet in gross floor area. 3. The covered porch area attached to the building must not exceed five hundred (500) square feet. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. Exhibit C-Site Plan Exhibits-Ordinance No.3819-Page 1 of 10 LEGEND 40 x 50 PERMANENT ACCESSORY BUILDING IE 20' B V Ilry .a, Ih�cr T"•• L0111" 8R CK B. 2.7844 ACRE.v I . . r� � . . WIIUG���E6+",�t:VE4$G Fr...4l Mllk IIV Y��',V'L'GIC ,.i.� t i Fd V&�u,G.B�'kw G,tatpy9�n:d'X"d a.'lr VOL444,O'uk„,.µ}6, ........... i .........., ____ .................. ..,,._,._.,,, ----- ,,,... ...., ._,._,._,._,. I�yy tiu�.yy qrm riGl't lY III fly Ba-J'a IIIhG:W�1 -. l �P3 UT 010 tj ova T�a.[OWo- ���uu. �._....... 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Open Wall 7 Customer oir of Information tiion IM irne: guru fined IEmML Delivery Information IDefi ery Location:: IDefau k IRegion Dellivery ZR'76132 #16784614493472,95 Exhibit C-Site Plan Exhibits-Ordinance No.3819-Page 7 of 10 249.90' r— —-—-—-—-—-—-—-—-—-—-—-—-—-—-— ---U E -—-—-—-—-—- -—-—-—-—-—-—-—-—-—�' -- - -------------------------------------- ------------------------------------------------------------------------------------------------ -----------------------------------------'SETBACK r___ ______________________________________�_� I I LEGEND SITE NOTES: j I any I 579 SF BUILDING AND V-+ a o:s P111 500 SF COVERED PATIO j I I � I I I I I I I I I j I I I I i I I I � I I I I ' I �TEFHEN aICHAFD DN suRVEY I nesTancT 1 aa5 — I�I j JOHN coNoaa suRveY Q� AC-',TRACT 310 IU, <I Wi I� Iw �I b_� IU7 I�� I- I Il9 I i � I ; I NEW HAce.ura JPA f m .;.F+. O I LC cn I I Ln i I I N i LIN[OT EX STING m S RUGTiUP=TO BF I 7-M�_IJSHEJ I I II I I j I I ii r6f�c.rli i O RESIDENCE o 32 j I I I I j i I I I I i I I � 1rJ4Lh\N4Y I I I I i t hTIN,,oKIVt I I { I i I •I I I I i I I i I I I II ——-----------___ --- I ARC co W n 7409 BURSEY ROAD 22`�6 a J0HN C0NDRA SURVEY z S T E P L A N ABSTRACT 310 TRACT 11301 6-24-19 CITY OF NORTH RICHLAND HILLS SCALE: 1° = 30'-0" TARRANT COUNTY, TEXAS XED, PREPARED FOR: DATE: JUNE 24, 2 119DRAWN BY: � HAYNIE AZ AWIN //o����#2 RESIDENCE 17 ,2 R 8 43 15 UVINDSO CENTRE TRAIL STE#200 SHEET �/ FLOWER MOUND,TEXAS 750215 PHONE: (e72)355-7754 Exhibit C-Site Plan Exhibits-Ordinance No.3819-Page 8 of 10 ww w, Syr , 77 �41vi� o, 1k�N its .o," 1 � l w r° �r r i 1 ✓/ Exhibit C-Site Plan Exhibits-Ordinance No.3819-Page 9 of 10 wr /ri�yto%�r Yi, /11 �/✓�i%/�/i//ir/ rr r y a III' lt%fH f!r%'/r//r✓�/0�✓��/ .//: /�!�r//��j��rr�1✓%/iill�ll//fir/fii',� � d'.. Exhibit C-Site Plan Exhibits-Ordinance No.3819-Page 10 of 10 �i SUN + r w vo r o, ,,;a��aru, N4W wid mo- MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 21, 2023 C.2 ZC23-0074 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JASON HAYNIE FOR A SPECIAL USE PERMIT FOR A PERMANENT ACCESSORY BUILDING AND AN ACCESSORY DWELLING UNIT AT 7409 BURSEY ROAD, BEING 2.784 ACRES DESCRIBED AS LOT 8, BLOCK 1, GREEN VALLEY COUNTRY ESTATES. APPROVED WITH CONDITIONS Commissioner Riscky returned to the Chamber at 7:55 p.m. Chair Welborn introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to introduce the item. Chair Welborn called for the applicant to present the request. Jason Haynie, 7409 Bursey Road, North Richland Hills, Texas, presented the request. He discussed the prior improvements made to the property and the existing accessory building. Mr. Haynie stated that he has intended to convert this building into an accessory dwelling unit since purchasing the property. He discussed his plan to construct a second accessory building for use as a hobby shop and storage space. He also discussed the design of the two buildings and the variances requested for the units including roof pitch and separate electric meter for the accessory building. Commissioner Ross and Mr. Haynie discussed plans for a driveway to the rear accessory building. Commissioner Narayana and Mr. Haynie discussed the size of the primary residence and the accessory dwelling unit. Chair Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Commissioner Ross and Mr. Husband clarified that the applicant could construct a driveway to the permanent accessory building with a paving permit at any time after September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 2 the building was constructed. Commissioner Narayana and Mr. Husband discussed the comparison of the square footage of the primary residence and the accessory buildings. Commissioner Goetz and Mr. Husband discussed the height of the permanent accessory building and its location in relation to the surrounding houses. Commissioner Narayana, Mr. Husband, and Mr. Haynie discussed how the trees on the property would be affected by construction of the accessory building. Mr. Haynie stated that he selected the location to maintain as many trees as possible and to maintain the neighbor's privacy. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER BRIDGES TO APPROVE ZC23-0074 WITH THE ALLOWANCE FOR A SEPARATE ELECTRIC METER FOR THE PERMANENT ACCESSORY BUILDING. MOTION TO APPROVE CARRIED 6-0. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 2 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: ZC23-0081 Public hearing and consideration of a request from Kimley Horn and Associates for a special development plan for a new Smithfield Masonic Lodge building at 6820-6828 Mickey Court, being 0.82 acres described as Lots 13-15, Block 3, WE Odell Addition. (CONTINUED TO THE OCTOBER 23, 2023, CITY COUNCIL MEETING) PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Smithfield Masonic Lodge and Presidium Development LLC, Kimley-Horn and Associates is requesting a special development plan for the Smithfield Masonic Lodge on a 0.82-acre site generally located between the east end of Mickey Street and Davis Boulevard north of Northeast Parkway. The Planning and Zoning Commission opened the public hearing and considered this item at the September 21, 2023, meeting. The Commission voted 6-0 to continue the public hearing to the October 19, 2023, meeting to allow the applicant time to address comments and questions discussed during the meeting. Since the City Council public hearing was advertised for the October 9, 2023, meeting, it is recommended that the City Council open the public hearing, receive input from the public, and continue the hearing to the October 23, 2023, meeting. RECOMMENDATION: Open the public hearing and continue the hearing to the October 23, 2023, meeting. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 09, 2023 SUBJECT: Authorize the City Manager to execute a professional services agreement for engineering design services with Westwood Professional Services, Inc., dba Peloton Land Solutions, in an amount not to exceed $383,105 for the Main Street Streetscaping & Snider Street Extension Project (ST1102). PRESENTER: Nathan Frohman, City Engineer SUMMARY: Council is being asked to consider a professional services agreement for engineering design services with Westwood Professional Services, Inc., dba Peloton Land Solutions, for the Main Street Streetscaping & Snider Street Extension Project (ST1102). GENERAL DESCRIPTION: The Main Street Streetscaping & Snider Street Extension Project will reconstruct Main Street, Snider Street and Center Street near the Smithfield Station, located within the Smithfield Transit Oriented Development. Main Street is an existing street that lacks pedestrian infrastructure such as sidewalks, street furniture, lighting and trees. Snider Street and Center Street both intersect with Main Street and will be reconstructed as pedestrian friendly streets. A majority of the funds for this project come from an North Central Texas Council of Governments (NCTCOG) grant. The specific scope of work for the project consists of the following key components. In addition to the roadway and pedestrian pavement, the project scope will include TOD recommendations for street lights and street trees. • Reconstruction of Main Street between Davis Blvd. and Smithfield Rd. with on- street parking and sidewalks • Reconstruction of Snider Street south of Main Street with on-street parking and sidewalks • Reconstruction of Center Street south of Main Street with on-street parking and sidewalks • Construction of a sidewalk along the west side of Davis Blvd. (FM 1938)from Main Street to Odell Street. Staff followed city policy and state law for procuring professional services for the design of this project. Requests for qualifications were sent to local engineering firms and advertised on the city's website. Six firms responded by submitting statements of IrLp NOKTH KICHLAN HILLS qualifications to the city. The selection committee chose Westwood Professional Services, Inc., dba Peloton Land Solutions to provide design services for the project. The engineering agreement outlines the scope of work in Exhibits B, C and D. Listed below are the key items within the scope of work: • Engineering design of paving and drainage improvements, sidewalks, and landscaping • Topographic survey • TxDOT coordination and permitting; TDLR permitting • Construction phase services Basic Services $ 2147800.00 Special Services $ 887040.00 Additional Services $ 807265.00 Total Design Fee $ 383,105.00 The Public Works Department negotiated a design fee of $383,105. This project was originally funded in 2011 with a slightly different scope that focused on the extension of Snider Street north to the property where the new Smithfield Elementary campus was recently built. The revised scope of the grant project was approved by City Council in April 2023, and includes over$2.2M in state funding towards the project. The current schedule anticipates bidding as early as fall of 2024. RECOMMENDATION: Authorize the City Manager to execute a professional services agreement for engineering design services with Westwood Professional Services, Inc., dba Peloton Land Solutions, in an amount not to exceed $383,105 for the Main Street Streetscaping & Snider Street Extension Project (ST1102). AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND WESTWOOD PROFESSIONAL SERVICES, INC. D/B/A PELOTON LAND SOLUTIONS I. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY"), and Westwood Professional Services, Inc. doing business as Peloton Land Solutions, a Westwood Company ("Westwood"), a Minnesota corporation, acting by and through Brian Haynes; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the MAIN STREET/ SMITHFIELD TOD GRANT PROJECT NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the MAIN STREET / SMITHFIELD TOD GRANT PROJECT in accordance with the Public Works Design Manual, applicable CITY codes, regulations, and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section Vill- "Compensation" and Exhibit F: "Compensation". AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 1 of 32 IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall perform its services with the same professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license for the same type of work in the Dallas/Fort Worth Metroplex area, including but not limited to, professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES Additional Engineering Services are defined in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. No Additional Engineering Services are authorized unless authorization for specified additional services are provided to ENGINEER by CITY in writing mutually and approved by ENGINEER. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E. "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments, including without limitation reimbursable expenses, to ENGINEER by CITY for the services stated in Sections IV, V, and VI above shall not exceed PROJECT COST ($383,105.00). C. CITY may authorize Additional Engineering Services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for Additional Engineering Services shall be given to ENGINEER by CITY in writing and approved AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 2 of 32 by ENGINEER and CITY. Project costs will be adjusted in accordance with the agreed compensation for the Additional Engineering Services. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS So long as ENGINEER has been paid, all completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement or any such drawings that are not signed and sealed by ENGINEER.. X. INDEMNITY TO THE FULLEST EXTENT OF THE LAW, ENGINEER AND ITS SUBCONSULTANTS SHALL INDEMNIFY AND HOLD CITY AND ALL OF ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSES DUE TO A THIRD PARTY CLAIM, ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF ENGINEER OR ITS SUBCONSULTANTS, AND ALL OTHER PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS, WHICH ARE CAUSED BY ANY NEGLIGENT ACT, ERROR, OR OMISSION IN THE PERFORMANCE OF ENGINEER'S PROFESSIONAL SERVICES OR IN THE PREPARATION OF EVALUATIONS, REPORTS, SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS AND OTHER ENGINEERING DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH; ENGINEER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS (NOTWITHSTANDING ANYTHING TO THE CONTRARY, CONTRACTOR WILL NOT PROVIDE A DEFENSE FOR CLAIMS BASED ON PROFESSIONAL SERVICES) BROUGHT AGAINST CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM ON ACCOUNT OF THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS OR OMISSIONS, AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAYBE INCURRED BY OR RENDERED AGAINST CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OR ANY OF THEM, WHICH ARE CAUSED BY THE FOREGOING DESCRIBED NEGLIGENT ACTS, ERRORS, OR OMISSIONS; PROVIDED AND EXCEPT AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 3 of 32 HOWEVER, THAT THIS INDEMNIFICATION PROVISION SHALL NOT BE CONSTRUED AS REQUIRING ENGINEER TO INDEMNIFY OR HOLD CITY OR ANY OF ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO PROPERTY OR INJURIES TO PERSONS CAUSED BY DEFECTS OR DEFICIENCIES IN DESIGN CRITERIA AND INFORMATION FURNISHED TO ENGINEER BY CITY, OR ANY SIGNIFICANT DEVIATION IN CONSTRUCTION FROM ENGINEER'S DESIGNS, WORKING DRAWINGS, SPECIFICATIONS OR OTHER ENGINEERING DOCUMENTS. IN NO EVENT SHALL ENGINEER'S INDEMNITY OBLIGATIONS EXTEND BEYOND THE TEXAS ANTI- INDEMNITY ACT. FURTHER, IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS AGREEMENT TO CITY AND ENGINEER, THE RISKS HAVE BEEN ALLOCATED SUCH THAT CITY AGREES, TO THE FULLEST EXTENT OF THE LAW, THAT EXCEPT IN THE EVENT OF GROSS NEGLIGENE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF ENGINEER AND ENGINEER'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, TO CITY OR TO ANYONE CLAIMING BY, THROUGH, OR UNDER CITY, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, PROFESSIONAL ACTS, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, OF ENGINEER OR ENGINEER'S OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00 USD) OR THE FULL EXTENT OF ENGINEER'S POLICY LIMITS IN THE AGGREGATE, WHICHEVER IS GREATER. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 4 of 32 XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1 000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 per claim Errors and Omissions $ 1,000,000 aggregate The Certificate of Insurance shall contain a provision that such insurance cannot be canceled without thirty (30) days prior written notice to CITY or 10 days' notice for non- payment of premium. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 5 of 32 XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section Vill- "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed for lump sum tasks or the hours completed up to the date of termination for hourly tasks. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 6 of 32 completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 7 of 32 Exhibit "E" Services to be provided by the City Exhibit "F" Compensation Exhibit "G" Form 1295 Exhibit "H" 2023 HOURLY RANGE OF RATE SCHEDULE Exhibit "I" Geotechnical Engineering Scope of Work Exhibit "J" Structural Design Scope of Work Exhibit "K' Electrical Design Scope of Work Exhibit "L" Subsurface Utility Engineering (SUE) Scope of Work XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Westwood Professional Services, Inc. dba Peloton Land Solutions Attn: Brian Haynes, PE, CFM 9800 Hillwood Parkway, Suite 250 Fort Worth, Texas 76177 With a copy to: Westwood Professional Services, Inc. dba Peloton Land Solutions Attn: General Counsel 12701 Whitewater Dr., Ste 300 Minnetonka, MN 55343 If to CITY: AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 8 of 32 City of North Richland Hills Attn: Director of Public Works Public Works & Engineering Department 4301 City Point Drive North Richland Hills, Texas 76180 With Copies to the City Manager and City Attorney at the same address, which such copies shall not constitute notice. D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership orjoint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including but not limited to personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 9 of 32 This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of 2023. CITY OF NORTH RICHLAND HILLS WESTWOOD PROFESSIONAL SERVICES, INC., DBA PELOTON LAND SOLUTIONS (CITY) (ENGINEER) By: By: Mark Hindman, City Manager Brian Haynes, Market Leader Date: Date: ATTEST: ATTEST: Alicia Richardson, City Secretary Notary Public in and for the State of Texas APPROVED TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Type or Print Notary's Name My Commission Expires: CITY SEAL CORPORATE SEAL AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 10 of 32 EXHIBIT A PROJECT SCHEDULE FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Notice To Proceed from City October 9, 2023 Submit Conceptual Design January 26, 2024 Receive City Review Comments February 9, 2023 Stakeholder Meeting March 22, 2024 Submit Preliminary 60% Plans June 7, 2024 Receive City Review Comments June 21, 2024 Submit 90% Plans August 2, 2024 Receive Final City Review Comments August 16, 2024 Submit Final Plans for Bid September 13, 2024 Advertise for Construction Bids October 2024 Open Construction Bids November 2024 Pre-Construction Meeting December 2024 Begin Construction January 2025 Note: Due dates shown are submittal dates of task activities listed. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 11 of 32 EXHIBIT B BASIC ENGINEERING SERVICES FOR NRH MAIN STREET/ SMITHFIELD TOD GRANT PROJECT SMITHFIELD The scope of work for BASIC Engineering Services involves Conceptual, Preliminary and Final Design, Project Plans, Specifications and Estimates for the Main Street Smithfield project. I. PROJECT MANAGEMENT 1.1 Project Meetings Westwood anticipates up to 3 project meetings at major milestones at 30%, 60%, and 90% submittals. 1.2 Project Team Management Manage the Team: • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Communicate externally with city, sub-consultants, developers, TxDOT, and any other agencies • Allocate team resources Communications and Reporting: • Attend a pre-design project kickoff meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct review meetings with the CITY at the end of each study/design phase. • Prepare and submit monthly invoices in the format acceptable to the CITY. • Prepare and submit monthly progress reports. • Prepare and submit baseline Project Schedule initially and Project Schedule updates. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. • Meet with City engineering staff and obtain any additional design criteria, available GIS information, pertinent utility plans, street plans, plats and AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 12 of 32 right-of-way maps, existing easement information, previous studies prepared by others, as-built plans for portions of surrounding infrastructure, historical drainage complaints and other information available for the project area. 1.3 Right-Of-Entry Letters Westwood will prepare and deliver up to 20 Right-Of-Entry letters to facilitate project logistics and notify stakeholders of the project. In addition, letters can be used to determine stakeholder contact information for future coordination. Westwood will prepare a matrix of response and send information to city upon receipt. II. CONCEPTUAL DESIGN PHASE (30% DESIGN) 2.1 Schematic Design Exhibit (30%) Westwood will prepare a Schematic Design Exhibit (roll plot at 40 scale) to showcase proposed paving and drainage improvements, and project limits described in the introduction of this scope. This submittal will represent a level of completeness, as related to the 100% Construction Documents of roughly 30%. The schematic design exhibit will contain the following: • Overall Paving Plan and Profile. • Typical Sections. • Sidewalk Locations. • Drainage Improvements. • Preparation of preliminary corridor model • Existing utility location and proposed improvements (water & sanitary designed by others). • Existing ROW and Easements. 2.2 Schematic Landscape Design Westwood will prepare landscape design that meets code minimum requirements for TOD. This will be shown as part of the design schematic indicating placement of tree wells and landscape plantings. In accordance with city requirements, various options will be provided for city selection. 2.3 Quantities and Opinion of Probable Cost Westwood will prepare and submit to the city a quantity takeoff and opinion of probable construction cost estimate for the Main Street improvements. City provided unit costs (if available) will be used for this estimate. Assumptions: • In-Person Review meeting with city staff following 30% submittal. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 13 of 32 • Address up to one (1) round of comments from the City. Deliverables: • Schematic Design Exhibit (pdf and 2 hard copies) • OPCC (pdf and 1 hard copy) III. PRELIMINARY DESIGN PLANS (60% DESIGN) 3.1 Preliminary Design Plans Upon approval of the Schematic Design, Westwood will prepare preliminary design plans in accordance with the City's Engineering Standards. This submittal package will represent a level of completeness, as related to the 100% of roughly 60%. The plan set will be prepared as follows: 3.1.1 Roadway • Prepare Cover Sheet/Index, Quantity Summary and General Notes Sheet. • Project Control Sheet, showing all control points, used or set while gathering data. • Updated existing and proposed typical sections. • Prepare Removal Plan Sheets. • Preliminary plan and profile sheets depicting existing and proposed horizontal roadway/sidewalks, existing ROW, existing and proposed sidewalks, curb ramps, existing and proposed driveways, proposed lane dimensions and lane arrows, storm inlets, City owned and franchise utilities. Proposed roadway profile labeling vertical curves station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearance where required. • Prepare cross sections at fifty-foot intervals and driveways along the project limits. • Prepare preliminary striping and pavement marking layout in accordance with City design standards and the Texas Manual on Uniform Traffic Control Devices (TMUTCD). • Prepare grading plans as needed to showcase detailed grading at intersections, sidewalks, parkways, and drainage improvements. Grading details will showcase contours at 0.2-ft intervals to ensure • Compile City, NCTCOG and TxDOT paving details. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 14 of 32 3.1.2 Drainage • Prepare Drainage Area Map based off compiled hydrological and hydraulic data. • Analyze the existing drainage system on Main Street with project limits to determine modifications needed to accommodate the proposed storm drain improvements. • Analyze the proposed drainage improvements required to accommodate the roadway improvements. • Prepare preliminary storm sewer and inlet plan with alignments and sizes. • Prepare preliminary storm sewer profile (if required) with design notes for stationing, size, slope, flow lines, and pipe material. • Prepare preliminary temporary erosion control plan. • Compile applicable City, NCTCOG and TxDOT drainage details. 3.1.3 Construction Sequencing & Traffic Control • Prepare traffic control and sequencing narrative. • Prepare conceptual layout for planned construction phasing. Up to two (2) phases are assumed. • Compile applicable standard details. 3.1.4 Landscape/Hardscape/Irrigation • Prepare Landscape and Hardscape Plans in accordance with Smithfield TOD requirements. Elements typically include enhanced pedestrian paving, site furniture, mow curbs, landscape plantings, and irrigation. • Compile applicable standard details. 3.2 Update Quantities and Opinion of Probable Cost 3.3 Preliminary Design Submittal (60%) plans will include: • Cover Sheet/Sheet Index • Quantity Summary Sheet • General Notes AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 15 of 32 • Project Layout with horizontal and vertical control • Typical Sections • Preliminary Removal Plans • Preliminary Paving Plan and Profiles • Preliminary Sidewalk Layout • Preliminary Grading Plans • Preliminary Drainage Area Map with runoff calculations • Preliminary Storm Sewer Plan & Profile • Preliminary Erosion Control • Preliminary Construction Sequencing & Traffic Control Plans • Preliminary Signage and Pavement Marking Plans • Preliminary Cross Sections • Preliminary Illumination • Preliminary Landscape • Preliminary Irrigation • Standard Details • OPCC Assumptions: • Address up to one (1) round of comments from the City. Deliverables: • 60% plans (11x17) (pdf and 2 hard copies) • 60% plans (22x34) (1 hard copy) • Updated OPCC (pdf and 1 hard copy) IV. FINAL DESIGN PLANS (90% & 100% DESIGN) 4.1 Final Design Plans (90%) Westwood will address review comments from the preliminary design plan submittal package and further develop final design plans. This submittal package will represent a level of completeness, as related to the 100% Construction Documents of roughly 90%. This plan set will be prepared as follows: • Prepare the plan sheets listed in Task 3.3 for 60% submittal. • Prepare updated OPCC • Prepare project manual and specifications. Final Design Plans (100%) AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 16 of 32 Westwood will prepare Final Construction Plans addressing review comments from the 90% Engineering Plans. This submittal package will represent final design plans and will prepared as follows: • Finalize the plan sheets listed in Task 4.1 for 100% submittal. • Finalize OPCC • Finalize project manual and specifications. 4.2 Update Quantities and Opinion of Probable Cost (90% & 100%) Assumptions: • Address up to one (1) round of comments from the City. Deliverables: • 90% & 100% plans (11x17) (pdf and 2 hard copies). • 90% & 100% plans (22x34) (1 hard copy). • 90% & 100% OPCC (pdf and 1 hard copies). • Project Manual and Technical specifications (pdf and 1 hard copy) AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 17 of 32 EXHIBIT C SPECIAL ENGINEERING SERVICES FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT The scope of work for SPECIAL Engineering Services involves Surveys (Design), Environmental Permitting, Geotechnical Engineering. The scope of work for the Special Engineering Services is more generally described as follows- V. SURVEY AND INVESTIGATIONS ENGINEER will perform an on the ground survey of Main Street within the existing Right-of-way under the direct supervision of a Registered Professional Land Surveyor. 5.1 Topographic and Boundary Survey • Topographic Survey: Establish survey control, location of permanent improvements on, and immediately adjacent to, the site, spot elevations on a 50-foot grid, contours on one-foot intervals. top and toe elevations, common name and trunk diameter of trees over 6-inches in caliper, location of visible utilities and appurtenances, location and sizes of underground utilities based on available record information, elevations of sanitary and storm sewer manhole flowlines and water/gas stem valves, Inverts of sanitary sewer and storm drain manholes and inlets, back-of-curb, gutter, driveways, and edge of pavements, fences, landscape areas, and mailboxes. Scope also includes surveying SUE test hole locations. • Boundary Survey: Survey existing property corners along Main Street to establish the limits of the existing right-of-way (ROW). Deliverables: • Field survey points and descriptions in CAD format. VI. GEOTECHNICAL ENGINEERING Westwood intends to retain D&S Engineering Labs as a sub-consultant to perform geotechnical investigation and report. See attached proposal (Exhibit 1) from D&S Engineering Labs dated August 3, 2023, for detailed scope of work. Deliverables: • Geotechnical report summarizing analyses and recommendations for reconstruction of existing roadway in accordance with the City of North Richland Hills pavement standards. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 18 of 32 VII. STRUCTRUAL DESIGN Westwood intends to retain Pierce Engineering as a sub-consultant to perform structural design for retaining wall design and any other miscellaneous structures (i.e. street light foundations) as needed. See attached proposal (Exhibit J) from Pierce Engineering dated August 3, 2023, for detailed scope of work. Deliverables: • Structural design details for wall and other miscellaneous structures as needed. VIII. ELECTRICAL DESIGN Westwood intends to retain Baird, Hamptom, & Brown as a sub-consultant to perform electrical design for illumination and electrical design. See attached proposal (Exhibit K) from Pierce Engineering dated August 2, 2023, for detailed scope of work. Deliverables: • Structural design details for wall and other miscellaneous structures as needed. EXHIBIT D AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 19 of 32 ADDITIONAL ENGINEERING SERVICES FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT IX. SUB-SURFACE UTILITY ENGIINERING (SUE) Westwood intends to use the Rios Group as a sub-consultant to perform Subsurface Utility investigations. See attached proposal (Exhibit L) from Rios Group dated August 23, 2023, for detailed scope of work. Utility Engineering (SUE) Services in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). • Quality Level A (QL"A") —Three dimensional (x, y, z) utility information obtained utilizing non-destructive vacuum excavation equipment to expose utilities at critical points which are then tied down by surveying. Also known as "locating", this quality level provides precise horizontal and vertical positioning of utilities within approximately 0.05 feet. Perform QL "A" SUE at potential conflict locations to determine exact location and depth of utility. This will be performed as needed with locations to be determined during the design process. Deliverables: • Utility Report and Data Sheets for each pothole. X. TXDOT CONSTRUCTION PERMIT 8.1 TxDOT Permit Westwood will prepare a set of construction plans (separate from city plans) in TxDOT format for sidewalk construction along Davis Blvd (FM 1938). This task includes preparing a set of construction plans and obtaining a TxDOT permit for construction with TxDOT Right-Of-Way. The plans will include sidewalk layout, drainage adjustments (if any), traffic control, erosion control, and retaining wall layout. TxDOT standard details and specifications will be used for all improvements shown within TxDOT Right-Of-Way. Assumptions: • Address up to one (1) round of TxDOT Comments. • City will submit plans to TxDOT Deliverables: • TxDOT Permit Set in pdf format. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 20 of 32 XI. BID AND CONSTRUCTION PHASE ASSISTANCE 8.1 Bid Phase Services Westwood will provide Bid Phase Assistance as requested by City. These services, as normally required for a project of this type and size, will include the performance, preparation, and/or coordination of the following: • Attend Prebid meeting. • The CONSULTANT will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders' questions and requests, and the response thereto. The CONSULTANT will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of addenda. • Evaluate and tabulate bids. • Check references and make contractor recommendation award for construction. • Upon award of a contract by the OWNER, the CONSULTANT shall assist with the execution, assembly and distribution of the construction contract documents for the Project. 8.2 Construction Phase Services Westwood will provide Construction Phase Assistance as requested by City. These services, as normally required for a project of this type and size, will include the performance, preparation, and/or coordination of the following: • Help address any construction requests for information. • Perform construction site visits (as requested) to observe if construction activities are following recommendations. Ten (10) site visits were budgeted in the scope of work. • The ENGINEER will not provide resident representation on the construction site. • The ENGINEER shall attend a final inspection of the Project with representative of the OWNER and the construction contractor. • Prepare construction "Record Drawings" based upon mark-ups and information provided by the construction contractor(s). Submit one (1) set of the record drawings (with "record drawing stamp" bearing the signature of the Engineer and the date)to the OWNER on a CD-ROM disk or flash drive. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 21 of 32 XII. RIGHT-OF-WAY DOCUMENTS Westwood will prepare up to four (4) Right-Of-Way documents as necessary for acquisition purposes and will be based on found existing monumentation, monumentation described in legal documents, and the proposed boundary. Documents will consist of written metes & bound descriptions and sketch of Right- of-Way limits. Documents will be completed under direct supervision and signed by Registered Professional Land Surveyor. Deliverables: • Up to four(4) metes & bound descriptions and sketches as needed. One document per parcel. XIII. TEXAS ACCESSIBILITY STANDARDS (TAS) Through a qualified Registered Accessibility Specialist (RAS) subcontractor, ENGINEER shall perform the following Texas Accessibility Standards (TAS) review and inspection: • Perform a review of construction plans to make sure they are in conformance with the latest Texas Accessibility Standards (TAS). • Perform a post-construction inspection of the project to make sure the constructed improvements conform to the Texas Accessibility Standards (TAS). Deliverables: • TAS Review and Report • TAS Post-Construction Inspection and Report AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 22 of 32 EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if available. III. Provide any available As-Built plans for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from TxDOT and/or other local utility companies. V. Provide standard details and specifications in digital format. VI. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, when required. VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. VIII. Assist the ENGINEER by submitting and coordinating with TxDOT for the construction permit. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 23 of 32 EXHIBIT F BASIS OF COMPENSATION FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. A. Compensation for the Basic Engineering Services shall be completed for Lump Sum fee not to exceed $214,800.00. B. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein shall be as follows: Design Surveys: Lump Sum fee not to exceed $26,880.00. Geotechnical Engineering: Lump Sum fee not to exceed $23,760. Structural Engineering: Lump Sum fee not to exceed $4,400.00. Electrical Design: Lump Sum fee not to exceed $33,000.00. C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: Subsurface Utility Engineering: Lump Sum fee not to exceed $14,685.00. TxDOT Permit Plan Set: Lump Sum fee not to exceed $36,000.00. Bidding and Construction Phase Assistance: Hourly fee not to exceed $18,160.00. Right-of-Way Documents: Lump Sum fee of$2,030 per document. Total fee not to exceed $8,120.00. TDLR Permitting: Lump Sum fee not to exceed $3,300.00. The maximum fee shall be considered full compensation for all labor, materials, supplies, travel expenses, equipment, and sub-consultant fees necessary to deliver AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 24 of 32 the services described. Reimbursable expenses are included in the lump sum and hourly fees. The lump sum and hourly total fee shall not be exceeded without prior authorization from the City. A 1.1 multiplier is applied to sub-consultant fee's for management of the sub-consultant. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 25 of 32 A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services"). Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. IV. EXCLUSIONS Not included in scope of work but can with additional services. • Construction staking and as-built surveying • Material testing during construction • Floodplain modeling or mapping • Floodplain Development Permit or FEMA application • Natural gas pipeline lowering or relocations; • Traffic impact analysis or warrant studies; • Streetscape branding and theming • Public Involvement including stakeholder exhibits, visioning, and stakeholder meetings • Right-of-way acquisition services AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 26 of 32 EXHIBIT G FORM 1295 FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT [Form 1295 is submitted as the following page] AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 27 of 32 EXHIBIT H 2023 HOURLY RANGE OF RATE SCHEDULE FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT [Rate Schedule is submitted as the following page] AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 28 of 32 EXHIBIT I GEOTECHINCAL ENGINEERING SCOPE OF WORK FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT [Scope of Work is submitted as the following page] AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 29 of 32 EXHIBIT J STRUCTURAL DESIGN SCOPE OF WORK FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT [Scope of Work is submitted as the following page] AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 30 of 32 EXHIBIT K ELECTRICAL DESIGN SCOPE OF WORK FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT [Scope of Work is submitted as the following page] AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 31 of 32 EXHIBIT L SUBSURFACE UTILITY ENGINEERING (SUE) SCOPE OF WORK FOR MAIN STREET/ SMITHFIELD TOD GRANT PROJECT [Scope of Work is submitted as the following page] AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND ENGINEERING FIRM. NRH CAPITAL IMPROVEMENTS PROJECT (6/07/2016) Page 32 of 32 SMITHFIELD TRANSIT-ORIENTED DEVELOPMENT GRANT PROJECT iviu �� iviirrru 0 �u F d r wig p ROADWAY RECONSTRUCTION (new concrete street, sidewalks, street lights, street trees&grates, street furniture TE Rai SIDEWALK INSTALLATION f a , 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. 2023-1064578 Peloton Land Solutions Frisco, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/25/2023 being filed. City of North Richland Hills, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 23-020 Civil engineering consulting services for the construction plans of Main Street Smithfield Project. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Tippie, Aaron J. Minnetonka, MN United States X Syriani, David Minnetonka, MN United States X Powell, Bryan P. Minnetonka, MN United States X Parsky, Gerald L. Minnetonka, MN United States X Harrison,William B. Minnetonka, MN United States X Greenhagen, Paul V. Minnetonka, MN United States X Byrne, Mark J. Minnetonka, MN United States X Burke, Michael J. Minnetonka, MN United States X Bossidy, Lawrence A. Minnetonka, MN United States X 5 Check only if there is NO Interested Party. ❑ 6 LINSWORN DECLARATION My name is Brian D. O'Neill, P.E., CFM and my date of birth is My address is 4060 Bryant Irvin Road Fort Worth TX , 76109 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 25th day of August 20 23 onth) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.39e6f620 r4RH NORTH R.ICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: October 09, 2023 Manager SUBJECT: Consider award of RFB No. 23-025 to McClendon Construction Co. Inc., for construction of the Lariat Trail Project (ST2211) in the amount of$2,683,632 and authorize the City Manager to execute the related construction agreement. PRESENTER: Nathan Frohman, City Engineer SUMMARY: The City Council is being asked to award RFB No. 23-025 to McClendon Construction Co., Inc., and authorize the City Manager to execute the related construction agreement for the Lariat Trail Project (ST2211). GENERAL DESCRIPTION: A bid opening was conducted for the Lariat Trail Project on August 30, 2023. The Lariat Project is a part of the approved 2020 Bond Program and will be the fourth "major" (collector or arterial classification) roadway to begin construction under that program. The scope of the project includes reconstruction of approximately 2,000 linear feet of Lariat Trail in two segments: Meadow Lakes to Circleview and Riviera to the dead end. The improvements include reconstructing the existing roadway with reinforced concrete, including the addition of pedestrian facilities. The road will be reconstructed within the existing right-of-way. The project was structured with a base plus alternate format to provide an option for a slight expansion of project scope at the discretion of the City Council if the alternate(s) are deemed to be worth the additional expense. The base bid includes all core project components: paving, utility adjustments, pedestrian facilities, traffic control, and so forth. The four project alternates are as follows: • Alternate #1: Reconstruction of the sanitary sewer line through pipe bursting methods in-lieu of the proposed base bid method of open cut. Typically, pipe bursting methods are implemented in situations with limited space or numerous above-grade conflicts. While neither of these are the case for Lariat Trail, staff elected to include this alternate method in the bid proposal in an effort to explore any cost savings between the two methods. • Alternate #2: Pavement rehabilitation consisting of asphalt mill and overlay for the segment between Circleview Drive and Riviera Drive. This segment of roadway was not included in the Lariat Trail Bond Program based on its condition from the Pavement Assessment performed in 2019. With the construction and r4RH NORTH R.ICHLAND HILLS anticipated abnormal traffic patterns, this alternate would provide a new pavement surface for the entirety of Lariat Trail. • Alternate #3A: Sidewalks on the east and west side of the segment between Circleview Drive and Riviera Drive. As described in Alternate #2, this segment of Lariat Trail was not included in the Lariat Trail Bond Program. The thought process behind this alternate was to provide safe pedestrian access along Lariat Trail which is considered a minor collector roadway. • Alternate #313: Sidewalks on only the west side of the segment between Circleview Drive and Riviera Drive. This alternate is similar to Alternate #3A; with the sidewalk constructed only on the west side through this stretch of Lariat Trail. The elimination of the east side sidewalk was related to the number of residential driveways along the east side of Lariat Trail through this stretch. 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 8 bids, which were opened during the August 30, 20237 bid opening. The bids are provided below: McClendon Stabile& Grod Reliable Quality XIT Paving& Ed Bell McMahon Description Construction Construction, Excavation, Construction, Construction Contracting, Co. Inc.** Winn,Inc. LLC Paving,Inc. EEC Inc. Company L.P. Base Bid Total $2,293,956.00 $2,299,900.50 $2,303,303.00 $2,369,712.75 $2,431,383.00 $2,740,786.71 $3,149,402.00 $3,470,372.50 Alternate $54,964.00 $58,758.00 $74,760.00 $124,088.00 $195,448.00 ($13,827.00) ($13,004.00) $94,992.00 #1 Alternate $156,330.50 $175,175.00 $200,222.00 $155,327.75 $289,067.00 $217,607.00 $275,175.00 $347,271.00 #2 Alternate $233,345.50 $376,667.00 $202,598.00 $219,922.00 $205,159.00 $200,707.79 $225,741.00 $220,185.00 #3A Alternate $125,363.50 $193,789.50 $123,418.00 $136,038.40 $112,347.00 $116,968.79 $127,276.00 $125,562.00 #3B Base Bid+ Alt Bid#2+ $2,683,632.00 $2,851,742.50 $2,706,123.00 $2,744,962.50 $2,925,609.00 $3,159,101.50 $3,650,318.00 $4,037,828.50 Alt Bid#3A Base Bid+ Alt Bid#2+ $2,575,650.00 $2,668,865.00 $2,626,943.00 $2,661,078.90 $2,832,797.00 $3,075,362.50 $3,551,853.00 $3,943,205.50 Alt Bid#36 **-Low Bid in all scenarios except for Base Bid+Alt Bid#3A. The design engineer and city staff recommend awarding base bid plus alternate #2 plus alternate #3A to the lowest bidder in that scenario: McClendon Construction Co., Inc. who has successfully completed several CIP projects in the City previously, including the reconstruction of Rufe Snow (Glenview to Karen), Colorado Boulevard (Harwood to Boulevard 26) and Trinidad Drive (Rufe Snow to Holiday). r4RH NORTH R.ICHLAND HILLS Funding for this project was included in the FY 2023-24 Adopted Capital Projects Budget in the Lariat Trail Project (ST2211). RECOMMENDATION: Award RFB Bid No. 23-025 to McClendon Construction Co. Inc., for construction of the Lariat Trail Project (ST2211) in the amount of $2,683,632 and authorize the City Manager to execute the related construction agreement. CONTRACT DOCUMENTS AND CONSTRUCTION SPECIFICATIONS FOR LARIAT TRAIL PAVING , WATER, & SANITARY SEWER REHABILITATION FOR THE CITY OF NORTH RICHLAND HILLS fqf;tH July 2023 City of North Richland Hills Public Works Department Project RFB 23-025 h 0 E!RIC A. CANALEC � .... ........ 901 a i,, a C'Es . x� )AdAL r TABLE OF CONTENTS SECTION I NRH PURCHASING GUIDANCE SECTION II BIDDING DOCUMENTS Notice to Bidders Special Instructions to Bidders Financial Statement Liabilities and Net Worth Experience Record Equipment Schedule Bid Form • Bid Schedule • Bid Unit Prices SECTION III CONTRACTUAL DOCUMENTS Standard Form of Construction Agreement (Contract) Performance Bond Payment Bond Maintenance Bond Contractor's Release to City Contractor's Affidavit of Final Payment SECTION IV TECHNICAL SPECIFICATIONS SECTION V SPECIAL PROVISIONS SECTION VI GEOTECHNICAL REPORT SECTION NRH PURCHASING GUIDANCE NoKTH KICHl. AND HIi- i- s T H E CITY OF CHOICE PURCHASING DEPARTMENT REQUEST FOR BID 23-025 LARIAT TRAIL PAVING, WATER, & SANITARY SEWER REHABILITATION BIDS DUE WEDNESDAY, AUGUST 30, 2023 BY s P.M. Contents INVITATIONTO BID................................................................................................................... 3 GENERALCONDITIONS ............................................................................................................4 MINIMUM INSURANCE REQUIREMENTS............................................................................ 11 NON-COLLUSION AFFIDAVIT OF BIDDER..........................................................................22 BID CERTIFICATION ................................................................................................................23 COMPLIANCE WITH HOUSE BILL 1295................................................................................24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY ................................................25 CONFLICT OF INTEREST QUESTIONNAIRE........................................................................26 CONTRACT CHANGES GRID ..................................................................................................29 CONFIDENTIALITY OF PROPRIETARY INFORMATION................................................... 30 SPECIFICATIONS....................................................................................................................... 31 I - 2 INVITATIONTO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 23-025 ➢ Bid Type: REQUEST FOR BID ➢ Bid Name: LARIAT TRAIL PAVING, WATER, & SANITARY SEWER REHABILITATION ➢ Bid Due Date: Wednesday, August 30, 2023 ➢ Bid Due Time: 2:00 P.M. Central Daylight Time ➢ Pre-Bid Conference: 10:00 A.M. Central Daylight Time, Wednesday August 9, 2023 ➢ Location: Community Room, 4301 City Point Dr, North Richland Hills, TX 76180 ➢ Deadline for questions: Date: Friday, August 25, 2023 Time: 12:00 P.M. Central Daylight 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 end of Section 2 —pages in order. Should any page not be filled out(in Section 2 based on Qualification of Bidders),that page is still required to be a part of the bid response; however, Contractor to write `to be provided with Contract Documents if awarded to the construction contract." 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. I - 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. Wednesday, August 30, 2023. 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. I - 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 I - 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). I - 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 parry upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither parry 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. I - 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. [ ] Yes, we agree [ ] No, we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85 h 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 I - 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. his://www.nrhtx.com/DocumentCenter/View/389/Code-of-Ethics---PDF?bidld [ ] I agree [ ] I do not agree 25. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Government Code, Prohibition on Contracts with Companies Boycotting Certain Energy Companies, as enacted by S.B. 13, 87th Legislature, the City of North Richland Hills is prohibited from using public funds to contract with a for- profit Company as defined by Government Code 809.01 who boycotts energy companies. If Seller has more than 10 employees and this Contract has a value of $100,000 or more, by signing this agreement/contract, the Seller verifies that it does not discriminate against energy companies and will not discriminate during the term of the Contract. By submitting a bid response, Seller certifies compliance with these requirements. 26. COMPLIANCE WITH CHAPTER 2274 Pursuant to Chapter 2274, Texas Government Code, Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries, as enacted by S.B. 19, 87th Legislature, the City of North Richland Hills is prohibited from using public funds to contract with a for-profit Company as defined by Chapter 2274.001, who discriminates against firearm and ammunition industries. If Seller has at least 10 full-time employees and this Contract has a value of $100,000 or more, by signing this agreement/contract, the Seller agrees that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Agreement. By submitting a bid response, Seller certifies compliance with these requirements. This section does not apply if Seller is a sole-source provider. 27. 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 I - 9 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. I- 10 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. IJ Commercial General Liability IJ Automobile Liability IJ Workers' Compensation & Employer's Liability IJ 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. IJ Commercial General Liability IJ Automobile Liability IJ Workers' Compensation & Employer's Liability LI 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. IJ Commercial General Liability IJ Automobile Liability IJ Workers' Compensation & Employer's Liability LI Professional Liability (if applicable for design function) I- 11 IJ Builder's Risk(required for new or existing property under construction) IJ 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. IJ Commercial General Liability IJ Automobile Liability IJ Workers' Compensation & Employer's Liability Li Professional Liability (if applicable) Ll 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 I- 12 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. I- 13 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. I- 14 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. I- 15 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- 16 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. I- 17 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. I- 18 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. I- 19 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. I- 20 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. I- 21 NON COLLI JSIONAFFIDAVITOF BIDDER 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 20 . NOTARY PUBLIC in and for County, Texas. My commission expires: THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID I- 22 BAD 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: I- 23 COMPLIANCE WITH H . I.1 E BALL 1295 In 2015, the Texas Legislature adopted Hoa.:se Bill A295, 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 litips://www.ethics,state.t:x,a.is/wliatstiew/ei1 itifo form A 2 9 5,i i tni. I- 24 FOR DISADVANTAGED 131 JSINESS 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 htty)://www.window.state.tx.us/i)rocurement/Dro�zlhub/hub-certifi cati are/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 htty)://www.nctrca.art/certification.htinl 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 I- 25 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: htti2s://www.ethics.state.tx.us/data/forms/confl I- 26 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 El 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 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 I- 27 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 I- 28 CONTRACTCHANGES 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 I- 29 CONFIDENTIALITY OF PROPRIETARY INFORMATION During the evaluation process of this RFB, 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. I - 30 SPECIFICATIONS The Contractor shall refer to the following for additional project specifications and relevant details: 1. LARIAT TRAIL CONTRACT 2. LARIAT TRAIL SIGNED/SEALED PLANS I- 31 SECTION II BIDDING DOCUMENTS NOTICE TO BIDDERS UPLOADED BIDS on forms prepared by the Engineer will be received by the office of the Purchasing Manager of the City of North Richland Hills City Hall until 2:00 p.m. on Wednesday, August 30, 2023, for furnishing all labor, material, equipment and the performance of all work required for: LARIAT TRAIL PAVING, WATER, & SANITARY SEWER REHABILITATION COMPLETED BID FORMS DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: www.publicpurchase.com at which time and place the bids will be publicly opened, read aloud and retained by the Public Works Department for tabulation, checking and evaluation. The "as read" bid results will be posted on www.publicpurchase.com COMPLETED BID FORMS shall be accompanied by a Bid Guaranty consisting of either a cashier's check or a Bid Bond on the form included or similar form of Surety Company (FACISIMILES WILL NOT BE CONSIDERED RESPONSIVE) made payable to The City of North Richland Hills, and in the amount of five percent (5%) of the total amount of the largest amount bid as a guarantee that if the bid is accepted, the bidder will execute the Contract and furnish the required Bonds, within the time-frame indicated in the Bid Form, to the City of North Richland Hills. BIDDERS should carefully examine the plans, specifications and other documents; visit the site of the work; fully inform themselves as to all conditions and matters that can in any way affect the work or the costs thereof. Should a bidder find discrepancies or omissions from the plans, specifications or any other documents or should he/she be in doubt as to the meaning, he/she should at once notify the Purchasing Manager and obtain clarification prior to submitting any bid. PLANS AND SPECIFICATIONS can be downloaded from Public Purchase (see below). A NON-MANDATORY PRE-BID CONFERENCE will be held at 10:00 a.m. on Wednesday, August 09, 2023, at Community Room, 4301 City Point Dr, North Richland Hills, TX 76180. II - 1 Notice to Bidders PUBLIC PURCHASE: Bidders are encouraged to register with the City of North Richland Hills Purchasing Manager, Scott Kendall, via email at purchasing@nrhtx.com. All Bidders who have registered with Public Purchase (1�ittp:// .publllicpurcl�i e.corni) will receive automatic email notifications pertaining to this Bid, such as addendums and other related information released subsequent to the initial release of plans, specifications, bid forms, and contract documents. It is the sole responsibility of the Bidder to register as a planholder with the City of North Richland Hills. Questions pertaining to this project should be submitted via Public Purchase where the bid is advertised. Minimum wage rates to all laborers and mechanics on the project must not be less than as provided in the Contract Documents and Wage Provisions must particularly comply with all other applicable wage laws of the State of Texas. The right is reserved, as the interest of the City of North Richland Hills may require, to reject any and all bids, to waive any informality in the bids received, and to select a bid best suited to the City of North Richland Hills' best interest. In case of ambiguity or lack of clearness in stating bid prices, the City of North Richland Hills reserves the right to adopt the most advantageous construction thereof, or to reject any or all bids. No bid may be withdrawn within sixty (60) days after the date on which bids are opened. SUMMARY OF WORK: Lariat Trail will be reconstructed from Meadow Lakes Drive to Riviera Drive and from Circleview Court to Dead End approximately one hundred fifty (150) south of Tabor Street including concrete pavement, concrete sidewalk, water and sanitary sewer improvements. Lariat Trail will be milled and asphalt overlaid from Riviera Drive to Circleview Court including adding concrete sidewalks. CITY OF NORTH RICHLAND HILLS Scott Kendall Purchasing Manager ADVERTISEMENT DATES: • July 28, 2023 • July 30, 2023 II - 2 Notice to Bidders SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: A certified check or cashier's check or acceptable bidder's bond made payable to the City of North Richland Hills, Texas, in an amount of five percent (5%) of the bid submitted must accompany each bid as a guarantee that if awarded the contract, the bidder will promptly enter into a contract and execute such bonds as are required. 2. QUALIFICATION OF BIDDERS: No pre-qualification of bidders is required. However, in consideration of the bids, the City of North Richland Hills may require bidders to furnish a written experience record and a financial statement or the most recent audited financial statement of the firm. The City of North Richland Hills reserves the right to use these items of data to influence a decision as to the award of the contract. Bidders need not submit a statement of financial condition unless requested to do so by the City of North Richland Hills. Contractors are required to submit the Experience and Current Workload page shown on page II-9, showing that the following items will be met: • At a minimum, the general contractor shall show minimum 3 projects in similar size and scope completed within the last 10 years and provide reference contact information. 3. CONFLICT OF INTEREST QUESTIONNAIRE: Bidders are required to complete the Conflict of Interest Questionnaire and to submit this completed form along with their bid form documents. 4. WAGE RATES: Attention is called to the fact that not less than the prevailing wage rates as hereinafter set forth in the Special Provisions of these Contract Documents, which are made a part hereof, must be paid on this project. 5. PRE-BID CONFERENCE: A non-mandatory pre-bid conference will be held at 10.00 A.M. Central Daylight Time Wednesday, August 09, 2023, at Community Room, 4301 City Point Dr, North Richland Hills, TX 76180. II - 3 Special Instructions to Bidders 6. BONDS: A performance bond and a payment bond, each in the amount of not less than one hundred percent (100%) of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials, will be required on this project. Additionally, a two (2) year maintenance bond, in the amount of not less than twenty percent (20%) of the final contract price, will be required on this project. 7. POWER OF ATTORNEY: 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. H. STANDARD SPECIFICATIONS: All work required by this project shall be in accordance with the "Public Works Design Manual" adopted by the City of North Richland Hills and the "Public Works Construction Standards - North Central Texas" adopted by the North Central Texas Council of Governments (NCTCOG), Fifth Edition (November 2017), except as modified in the Contract Documents. Where a conflict exists between the "Public Works Design Manual" and the "Public Works Construction Standards - North Central Texas", the "Public Works Design Manual" shall govern. Copies of both of these standards are included in the Contract Documents by reference and are made a part thereof. Omission of any section from this project's Contract Documents does not mean that such section is not applicable to this project. 9. 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 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 sum prices may be decreased to cover deletion of work so ordered. II - 4 Special Instructions to Bidders 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. 10. MEASUREMENT AND PAYMENT: The basis of payment for the pay items noted in the proceeding pages shall be full compensation for furnishing all labor, materials, equipment and incidentals required to complete the work as specified and as shown in the project plans/drawings. Any item of work not specifically listed for payment but required by the project documents shall be considered an incidental item of the project and no specific payment will be made. 1 1. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT: The successful bidder, upon his/her failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he/she has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bond. 12. CONDITIONS OF WORK/OBLIGATION OF BIDDER: Each bidder must inform himself/herself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his/her obligation(s) to furnish all material, labor, equipment and incidentals necessary to carry out the provisions of this contract. Insofar as possible, the Contractor, in carrying out his/her work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor or City of North Richland Hills public employees. At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or documents shall in no way relieve the bidder from any obligation in respect to his/her bid. 13. ADDENDA AND INTERPRETATIONS: Bidders wanting further information, interpretation or clarification of the Contract Documents must make their request in writing to Scott Kendall, Purchasing Manager by 12:00pm (noon) CDT on Friday, August 25, 2023. Answers to all such requests will be made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omission from the Contract Documents, II - 5 Special Instructions to Bidders or should he/she be in doubt as to their meaning, he/she should at once notify Scott Kendall, Purchasing Manager in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid form as submitted by the bidder must be so constructed as to include any addenda issued by the City prior to 24 hours of the opening bids, with the appropriate recognition of addenda so noted in the bid form. No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation shall be in writing, addressed to Scott Kendall, Purchasing Manager or directly through Public Purchase and to be given consideration, must be received by 12:OOPM (noon) on Friday, August 25, 2023. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications and plans which, if issued, will be published on Public Purchase, not later than three (3) days prior to the date fixed for opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve the bidder from any obligation under his/her bid submitted. All addenda shall become part of the Contract Documents. 14. LAWS AND REGULATIONS: The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 15. SUBMITTALS: Prior to any construction commencing on this project the Contractor shall submit the required submittals to the City Engineer and have his approval for all such submittals as required in the Technical Specifications. II - 6 Special Instructions to Bidders FINANCIAL STATEMENT Condition of Bidder at close of Business month, 20_ ASSETS LIABILITIES 1. Cash on Hand $ $ Cash in Bank $ $ Cash Elsewhere $ $ 2. Accounts receivable from completed contracts (exclusive of claims not approved for payment) $ $ 3. Accounts receivable from other sources than above $ $ 4. Amounts earned on uncompleted contracts (not included in Item 3) (Contract price on completed portion of uncompleted contracts less total cost of $ $ completed portion) 5. Deposits for bids on other guarantees $ 6. Notes Receivable Past Due $ Due 90 days $ Due Later $ 7. Interest Earned $ 8. Real Estate, Business Property, present value $ Other property, present value $ $ 9. Stocks and Bonds, Listed on Exchange $ $ Unlisted $ $ 10. Equipment, Machinery, Fixtures $ $ Less Depreciation $ $ 11. Other Assets $ TOTAL ASSETS $ $ II - 7 Financial Statement/Liabilities and Net Worth LIABILITIES AND NET WORTH ASSETS LIABILITIES 1. Notes Payable to Banks Regular $ (For Certified Checks) $ Equipment Obligations $ Others $ $ 2. Accounts Payable Current $ Past Due $ 3. Real Estate Mortgages $ $ 4. Other Liabilities $ 5. Reserves $ 6. Capital Stock Paid Up Common $ Preferred $ 7. Surplus $ TOTAL LIABILITIES $ $ II - 8 Financial Statement/Liabilities and Net Worth EXPERIENCE RECORD List of Projects our Organization has successful) completed: Amount of Date Name and Contract Award Type of Work Accepted Address of Owner List of Projects our Organization is now en a ed in completing: Anticipated Amount of Date of Name and Contract Award Type of Work Completion Address of Owner II - 9 Experience Record List of Surety Bonds in Force on above Uncompleted Work: Date of Amount of Name and Contract Award Type of Bond Bond' Address of Surety 1. List every type of bond separately. If one project has more than one type of bond, list each and every bond for that project on a separate line. II - 10 Experience Record EQUIPMENT SCHEDULE List of Equipment owned by bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet if Awarded the Contract including amount and type: II - 11 Equipment Schedule THIS PAGE INTENTIONALLY LEFT BLANK II - 12 Equipment Schedule BID FORM FOR LARIAT TRAIL PAVING, WATER, & SANITARY SEWER REHABILITATION FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS (THIS BID FORM MUST BE COMPLETED IN ITS ENTIRETY, SUBMITTED IN ITS ENTIRETY AND NOT REMOVED FROM THE CONTRACT DOCUMENTS) Bid Opening Date: 2:OOPM (CST), Wednesday, August 30, 2023 TO: City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 FOR: LARIAT TRAIL PAVING, WATER, & SANITARY SEWER REHABILITATION Pursuant to the foregoing "Notice to Bidders", the undersigned bidder, having thoroughly examined the Contract Documents, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to fully complete all of the work and requirements as provided in the plans and Contract Documents and binds himself/herself upon acceptance of this bid form to execute a contract and furnish such bonds as required and proposes to complete the work within the time stated and for the following prices: II - 13 Bid Form BID SCHEDULE Total Amount Bid: Base Bid: Section I — General and Removals $ Section 11 — Paving $ Section III — Storm Drain $ Section IV — Water and Sewer $ Section V— Pavement Marking and Signing $ Section VI — Landscaping $ Section VI — Contingency $ 35,000 (Total Amount Bid, Numerical Value) Total Amount Bid: Bid Alternate #1*: Sanitary Sewer Line "A" by Pipe Bursting $ (Total Amount Bid Alternate #1, Numerical Value) Total Amount Bid: Bid Alternate #2*: Segment 2 Mill and Overlay $ (Total Amount Bid Alternate #2, Numerical Value) Total Amount Bid: Bid Alternate #3A*: Segment 2 East and West Sidewalks $ (Total Amount Bid Alternate #3A, Numerical Value) Total Amount Bid: Bid Alternate #3B*: Segment 2 West Sidewalk Only $ (Total Amount Bid Alternate #3B, Numerical Value) *-The Owner reserves the right to delete any bid items or portions thereof. It is the intent of the City to evaluate the Alternate Bid and at the cities sole discretion choose to accept or reject the Alternate Bid with no effect on the Base Bid. 11 - 14 Bid Form The undersigned bidder acknowledges receipt of the following Addenda: (If none is received, then write NONE across the blanks.) Addendum No. 1 - Date Received Addendum No. 2 - Date Received Addendum No. 3 - Date Received Addendum No. 4 - Date Received The undersigned bidder agrees to execute and file with the Owner a contract and bonds on the forms provided within ten (10) days after written notification of award of the contract to him and to begin the work to be performed under the contract within ten (10) days after written authorization to begin the work (Work Order) and to complete the Base Bid work in full within 270 Consecutive Calendar Days (330 Consecutive Calendar Days with Bid Alternates)after the date specified in the "Notice to Proceed". See contract for additional schedule / time requirements. Enclosed with this bid form is a certified check or cashier's check or bid bond payable to the City of North Richland Hills in the amount of five percent (5%) of the total bid, which is to become the property of the City of North Richland Hills, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. Respectfully Submitted, Signed: Company: Address: SEAL (If Bidder is a Corporation) Telephone: Fax: an individual Submitted by: A partnership A corporation Doing Business As: II - 15 Bid Form THIS PAGE INTENTIONALLY LEFT BLANK II - 16 Bid Form BASS BID SECTION I-GENERAL AND REMOVALS Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid 1 NCTCOG GENERAL SITE PREPARATION 203.1 1 LS $ $ 0.00 dollars and cents per unit 2 TXDOT 500 MOBILIZATION 1 LS $ $ 0.00 dollars and cents per unit 3 CITY PROJECT SIGN DETAIL 4 EA $ $ 0.00 dollars and cents per unit 4 TXDOT 502 BARRICADES,SIGNS,AND TRAFFIC HANDLING 6 MO $ $ 0.00 dollars and cents per unit 5 MASONRY MAILBOX(REMOVE&REPLACE) 18 EA $ $ 0.00 dollars and cents per unit 6 STANDARD POLE MAILBOX(REMOVE&REPLACE) 11 EA $ $ 0.00 dollars and cents per unit 7 NCTCOG SWPPP PLAN AND EROSION CONTROL ITEMS 202 1 LS $ $ 0.00 dollars and cents per unit 8 NCTCOG TREE PROTECTION FENCING 201.1 500 LF $ $ 0.00 dollars and cents per unit 9 NCTCOG REMOVE TREE 201.1 1 EA $ $ 0.00 dollars and cents per unit 10 NCTCOG REMOVE 6"ASPHALT PAVEMENT AND STABALIZED BASE 203.1 7142 SY $ $ 0.00 dollars and cents per unit 11 NCTCOG REMOVE CONCRETE CURB&GUTTER 203.1 671 SY $ $ 0.00 dollars and cents per unit 12 NCTCOG REMOVE CONCRETE DRIVEWAY 203.1 695 SY $ $ 0.00 dollars and cents per unit 13 NCTCOG REMOVE CONCRETE SIDEWALK 203.1 93 SY $ $ 0.00 dollars and cents per unit 14 NCTCOG REMOVE CONCRETE VALLEY GUTTERS 203.1 454 SY $ $ 0.00 dollars and cents per unit 15 NCTCOG REMOVE CONCRETE RAMPS 203.1 7 SY $ $ 0.00 dollars and cents per unit 16 NCTCOG REMOVE 10'STORM INLET 203.1 2 EA $ $ 0.00 dollars and cents per unit SUBTOTAL-SECTION I-GENERAL AND REMOVALS DOLLARS CENTS $ 0.00 BID FORM TABLE-ADDENDUM NO.1 SECTION II-PAVINO Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid 17 TXDOT 110 EXCAVATION 2020 CY $ $ 0.00 dollars and cents per unit 18 TXDOT 247 8"TXDOT FLEXBASE TYPE A,GRADE 1 OR 2 8745 SY $ $ 0.00 dollars and cents per unit 19 TXDOT 360 6"REINFORCED CONCRETE PAVING W/MONOLITHIC CURB 7795 SY $ $ 0.00 dollars and cents per unit 20 TXDOT 530 6"CONCRETE DRIVEWAY 760 SY $ $ 0.00 dollars and cents per unit 21 TXDOT 340 ASPHALT TRANSITION PAVEMENT(2"TY D ASPHALT ON 4"TY B ASPHALT) 380 SY $ $ 0.00 dollars and cents per unit 22 TXDOT 531 4"CONCRETE SIDEWALK 1270 SY $ $ 0.00 dollars and cents per unit 23 TXDOT 531 CURB RAMP-TYPE 7 17 EA $ $ 0.00 dollars and cents per unit 24 TXDOT 531 CURB RAMP-TYPE 10 1 EA $ $ 0.00 dollars and cents per unit SUBTOTAL-SECTION II-PAVING DOLLARS CENTS $ 0.00 SECTION III-STORM,DRAfN Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid 25 TXDOT 402 TRENCH SAFETY 16 LF $ $ 0.00 dollars and cents per unit 26 TXDOT 464 24"REINFORCED CONCRETE PIPE CLASS III 16 LF $ $ 0.00 dollars and cents per unit 27 CITY STANDARD 10'STORM INLET DETAIL 2 EA $ $ 0.00 TXDOT 465 dollars and cents per unit 28 402.4 TEMPORARY PAVEMENT REPAIR(STORM) 16 LF $ $ 0.00 dollars and cents per unit 29 NCTCOG STORM DRAIN MANHOLE LID ADJUSTMENT 502.1.2 2 EA $ $ 0.00 dollars and cents per unit SUBTOTAL-SECTION III-STORM DRAIN DOLLARS CENTS $ 0.00 BID FORM TABLE-ADDENDUM NO.1 SECTION W-WATER AND SEINER Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid 30 TXDOT 402 TRENCH SAFETY(WATER) 1129 LF $ $ 0.00 dollars and cents per unit 31 NCTCOG 6"PVC AWWA C900 DR18 501.14 43 LF $ $ 0.00 dollars and cents per unit 32 NCTCOG 8"PVC AWWA C900 DR18 CLASS 150 WATER PIPE(OPEN CUT) 501.14 1086 LF $ $ 0.00 dollars and cents per unit 33 402.4 TEMPORARY PAVEMENT REPAIR(WATER) 1129 LF $ $ 0.00 dollars and cents per unit 34 NCTCOG 6"RESILIENT SEATED GATE VALVE 502.6 4 EA $ $ 0.00 dollars and cents per unit 35 NCTCOG 8"RESILIENT SEATED GATE VALVE 502.6 8 EA $ $ 0.00 dollars and cents per unit 36 NCTCOG DUCTILE IRON FITTINGS 502.5 1.51 TN $ $ 0.00 dollars and cents per unit 37 NCTCOG FIRE HYDRANT ASSEMBLY 502.3 3 EA $ $ 0.00 dollars and cents per unit 38 NCTCOG WATER SERVICE(SHORT) 502.10 5 EA $ $ 0.00 dollars and cents per unit 39 NCTCOG WATER SERVICE(LONG) 502.10 5 EA $ $ 0.00 dollars and cents per unit 40 NCTCOG CONNECTION TO EXISTING WATER LINE 502.10 11 EA $ $ 0.00 dollars and cents per unit 41 TXDOT 402 TRENCH SAFETY(SEWER) 1434 LF $ $ 0.00 dollars and cents per unit 42 NCTCOG 6"PVC SDR-35 SANITARY 46 LF $ $ 0.00 dollars and cents per unit 43 NCTCOG 8"PVC SDR-26 SANITARY 367 LF $ $ 0.00 dollars and cents per unit 44 NCTCOG 8"PVC SDR-35 SANITARY SEWER PIPE(OPEN CUT) 504.14 1021 LF $ $ 0.00 dollars and cents per unit 45 402.4 TEMPORARY PAVEMENT REPAIR(SEWER) 1434 LF $ $ 0.00 dollars and cents per unit 46 NCTCOG 4'DIA SANITARY SEWER MANHOLE(5FT DEEP) 502.1 4 EA $ $ 0.00 dollars and cents per unit 47 NCTCOG EXTRA DEPTH MANHOLE(>5FT) 502.1 14 LF $ $ 0.00 dollars and cents per unit 48 NCTCOG SANITARY SEWER SERVICE(SHORT) 502.10 11 EA $ $ 0.00 dollars and cents per unit 49 NCTCOG SANITARY SEWER SERVICE(LONG) 502.10 12 EA $ $ 0.00 dollars and cents per unit 50 NCTCOG PRE-CCTV INSPECTION 507.5 1434 LF $ $ 0.00 dollars and cents per unit 51 NCTCOG POST-CCTV INSPECTION 507.5 1434 LF $ $ 0.00 dollars and cents per unit 52 NCTCOG CONNECT TO EXISTING SANITARY SEWER LINE 502.1 8 EA $ $ 0.00 dollars and cents per unit 53 NCTCOG REMOVE AND SALVAGE WATER VALVE 7012 9 EA $ $ 0.00 dollars and cents per unit 54 NCTCOG REMOVE AND SALVAGE FIRE HYDRANT 7012 3 EA $ $ 0.00 dollars and cents per unit 55 NCTCOG REMOVE SANITARY SEWER MANHOLE 702.1 3 EA $ $ 0.00 dollars and cents per unit 56 NCTCOG RELOCATE EXISTING WATER METER 502.10 4 EA $ $ 0.00 dollars and cents per unit 57 NCTCOG RELOCATE EXISTING SPRINKLER CONTROL BOX 502.10 14 EA $ $ 0.00 dollars and cents per unit SUBTOTAL-SECTION IV-WATER AND SEWER DOLLARS CENTS $ 0.00 BID FORM TABLE-ADDENDUM NO.1 SECTION V-PAVEMENT MARKINO AND SIGNING' Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid 58 TXDOT 636 RELOCATE SIGN PANEL(S)ON NEW POST 11 EA $ $ 0.00 dollars and cents per unit 59 TXDOT 666 REFL PAV MARK TY I(W)24"(SLD) 125 LF $ $ 0.00 dollars and cents per unit 60 N/A INSTALL PAINTED CURB ADDRESS 32 EA $ $ 0.00 dollars and cents per unit 61 TXDOT 502 DEAD END ROAD BARRICADE 1 EA $ $ 0.00 dollars and cents per unit SUBTOTAL-SECTION V-PAVEMENT MARKING AND SIGNING DOLLARS CENTS $ 0.00 SECTION VI-LANDSCAPE AND IRRIGATION' Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid 62 TXDOT 160 FURNISHINGAND PLACING TOPSOIL(4") 137 CY $ $ 0.00 dollars and cents per unit 63 TXDOT 162 BLOCK SODDING 1240 SY $ $ 0.00 dollars and cents per unit 64 NCTCOG LANDSCAPING RESTORATION ALLOWANCE 204 1 LS $ 5,000.00 $ 5,000.00 dollars and cents per unit 65 NCTCOG IRRIGATION RESTORATION ALLOWANCE 502 1 LS $ 30,000.00 $ 30,000.00 dollars and cents per unit SUBTOTAL-SECTION VI-LANDSCAPE AND IRRIGATION DOLLARS CENTS $ 35,000.00 SECTION VII-CONTINGENCY Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid 66 PROJECT PROJECT CONTINGENCY AS DIRECTED BY OWNER MANUAL 1 LS $ 15,000.00 $ 15,000.00 dollars and cents per unit 67 PROJECT UTILITY CONTINGENCY AS DIRECTED BY OWNER MANUAL 1 LS $ 10,000.00 $ 10,000.00 dollars and cents per unit 68 PROJECT PAVEMENT CONTINGENCY AS DIRECTED BY OWNER MANUAL 1 LS $ 10,000.00 $ 10,000.00 dollars and cents per unit SUBTOTAL-SECTION VII-CONTINGENCY DOLLARS CENTS $ 35,000.00 TOTAL-BASE BID(SECTIONS I THROUGH VII) DOLLARS CENTS $ 70,000.00 BID FORM TABLE-ADDENDUM NO.1 BID ALTERNATE#1,-SANITARY SEW0R,IJNS,'W'PIP6..BURSTIN4..' Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid A11-1 NCTOG TRENCH SAFTEY -1216 LF $ $ 0.00 dollars and cents per unit A1-2 NCTCOG 8"PVC SDR-26 SANITARY 504.14 -200 LF $ $ 0.00 dollars and cents per unit A1-3 NCTCOG 8"PVC SDR-35 SANITARY SEWER PIPE(OPEN CUT) 504.14 -1016 LF $ $ 0.00 dollars and cents per unit A1-4 NCTCOG TEMPORARY PAVEMENT REPAIR(WATER) 402.4 -1216 LF $ $ 0.00 dollars and cents per unit A1-5 NCTCOG 8"PIPE BURSTING WITH POLYETHYLENE PIPE 601.8 1216 LF $ $ 0.00 dollars and cents per unit A1-6 NCTCOG RECONNECTION OF SERVICES 601.1 23 EA $ $ 0.00 dollars and cents per unit A1-7 NCTCOG POINT REPAIR(OPEN CUT) 601.1 1 EA $ $ 0.00 dollars and cents per unit TOTAL-BID ALTERNATE#1 -SANITARY SEWER LINE"A"PIPE BURSTING DOLLARS CENTS $ 0.00 BID ALTERNATE*2-SEGMENT 2 MILL AND OVERLAY Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid A2-1 TXDOT 502 BARRICADES,SIGNS AND TRAFFIC HOLDING 1 MO $ $ 0.00 dollars and cents per unit A2-2 NCTCOG SWPPP PLAN AND EROSIN CONTROL ITEMS 202 1 LS $ $ 0.00 dollars and cents per unit A2-3 NCTCOG REMOVE CONCRETE VALLEY GUTTERS 203.1 43 SY $ $ 0.00 dollars and cents per unit A2-4 TXDOT 354 PLANE ASPH CONC PAY(2") 4385 SY $ $ 0.00 dollars and cents per unit A2-6 TXDOT 502 2"TYPE D ASPHALT PAVEMENT 4385 SY $ $ 0.00 dollars and cents per unit A2-7 TXDOT 340 6"CONCRTE VALLEY 60 SY $ $ 0.00 dollars and cents per unit A2-8 TXDOT 251 REWORK BASE REPAIR 250 SY $ $ 0.00 dollars and cents per unit A2-9 NCTCOG SANITARY SEWER MANHOLE LID ADJUSTMENT 502.1.2 2 EA $ $ 0.00 dollars and cents per unit A2-10 NCTCOG 8"PVC SDDR-35 SANITARY SEWER PIPE(OPEN CUT) 502.10 30 LF $ $ 0.00 dollars and cents per unit A2-11 NCTCOG 4"DIA SANITARY SEWER MANHOLE W/CONC COLLAR 502.14 3 EA $ $ 0.00 dollars and cents per unit A2-12 TXDOT 465 CONNECT TO EXISTING SANITARY SEWER LINE 3 EA $ $ 0.00 dollars and cents per unit A2-13 NCTCOG REMOVE SANITARY SEWER CLEANOUT 502.10 3 EA $ $ 0.00 dollars and cents per unit A2-14 NCTCOG 1"WATER SERVICE AND RECONNECTION 7012 3 EA $ $ 0.00 dollars and cents per unit TOTAL-BID ALTERNATE#2-SEGMENT 2 MILL AND OVERLAY DOLLARS CENTS $ 0.00 BID FORM TABLE-ADDENDUM NO.1 BID ALTERNATE 0A-SEGMENT 2 EAST AND WEST SIDEWALKS Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid A3A-1 NCTCOG TREE PROTECTION FENCING 201.1 130 LF $ $ 0.00 dollars and cents per unit A3A-2 NCTCOG REMOVE TREE 201.1 5 EA $ $ 0.00 dollars and cents per unit A3A-3 NCTCOG REMOVE CONCRETE CURB AND GUTTER 203.1 17 SY $ $ 0.00 dollars and cents per unit A3A-4 NCTCOG REMOVE CONCRETE DRIVEWAY 203.1 19 SY $ $ 0.00 dollars and cents per unit A3A-5 NCTCOG REMOVE CONCRETE SIDEWALK 203.1 111 SY $ $ 0.00 dollars and cents per unit A3A-6 TXDOT 110 EXCAVATION 220 CY $ $ 0.00 dollars and cents per unit A3A-7 TXDOT 531 4"CONCRETE SIDEWALK 1160 SY $ $ 0.00 dollars and cents per unit A3A-8 TXDOT 531 SIDEWALK MONOLITHIC CURB WALL 50 LF $ $ 0.00 dollars and cents per unit A3A-9 TXDOT 521 CURB RAMP-TYPE 7 10 EA $ $ 0.00 dollars and cents per unit A3A-10 NCTCOG TRENCH SAFETY 6 LF $ $ 0.00 dollars and cents per unit A3A-11 NCTCOG 6"PVC AWWA-C900 DR18 CLASS 150 WATER PIPE(OPEN CUT) 501.14 6 LF $ $ 0.00 dollars and cents per unit A3A-12 NCTCOG TEMPORARY PAVEMENT REPAIR(SEWER) 402.4 6 LF $ $ 0.00 dollars and cents per unit A3A-13 NCTCOG 6"GATE VALVE 502.6 1 EA $ $ 0.00 dollars and cents per unit A3A-14 NCTCOG DUCTILE IRON FITTINGS 502.5 0.11 TN $ $ 0.00 dollars and cents per unit A3A-15 NCTCOG FIRE HYDRANT ASSEMBLY 502.3 1 EA $ $ 0.00 dollars and cents per unit A3A-16 NCTCOG REMOVE AND SALVAGE WATER VALVE 7012 1 EA $ $ 0.00 dollars and cents per unit A3A-17 NCTCOG REMOVE AND SALVAGE FIRE HYDRANT 7012 1 EA $ $ 0.00 dollars and cents per unit A3A-18 NCTCOG RELOCATE EXISTING SPRINGLER CONTROL BOX 502.10 9 EA $ $ 0.00 dollars and cents per unit A3A-19 NCTCOG RELOCATE EXISTING WATER METER 502.10 4 EA $ $ 0.00 dollars and cents per unit A3A-20 TXDOT 636 RELOCATE SIGN PANEL(S)ON NEW POST 3 EA $ $ 0.00 dollars and cents per unit A3A-21 TXDOT 160 FURNISHING AND PLACING TOPSIOL(4") 80 CY $ $ 0.00 dollars and cents per unit A3A-22 TXDOT 162 BLOCK SODDING 700 SY $ $ 0.00 dollars and cents per unit A3A-23 NCTCOG LANDSCAPING RESTORATION ALLOWANCE 204 1 LS $ 3,000.00 $ 3,000.00 dollars and cents per unit A3A-24 NCTCOG IRRIGATION RESTORATION ALLOWANCE 502 1 LS $ 10,000.00 $ 10,000.00 Il dollars and cents per unit TOTAL-BID ALTERNATE#3A-SEGMENT 2 EAST AND WEST SIDEWALKS DOLLARS CENTS $ 13,000.00 BID FORM TABLE-ADDENDUM NO.1 810 ALTERNATE,M-SEGMENT 2 WEST SIDEWALK Item Spec. Name of Pay Item with Est. Unit Bid Amount No. Item Unit Price in Words Quantity Unit Price Bid A313-1 NCTCOG TREE PROTECTION FENCING 201.1 60 LF $ $ 0.00 dollars and cents per unit A313-2 NCTCOG REMOVE TREE 201.1 5 EA $ $ 0.00 dollars and cents per unit A313-3 NCTCOG REMOVE CONCRETE CURB AND GUTTER 203.1 11 SY $ $ 0.00 dollars and cents per unit A313-4 NCTCOG REMOVE CONCRETE DRIVEWAY 203.1 6 SY $ $ 0.00 dollars and cents per unit A313-5 NCTCOG REMOVE CONCRETE SIDEWALK 203.1 25 SY $ $ 0.00 dollars and cents per unit A313_6 TXDOT 110 EXCAVATION 100 CY $ $ 0.00 dollars and cents per unit A313-7 TXDOT 531 4"CONCRETE SIDEWALK 545 SY $ $ 0.00 dollars and cents per unit A313-8 TXDOT 531 SIDEWALK MONOLITHIC CURB WALL 50 LF $ $ 0.00 dollars and cents per unit A313-9 TXDOT 521 CURB RAMP-TYPE 7 8 EA $ $ 0.00 dollars and cents per unit 73B-10 NCTCOG TRENCH SAFETY 501.14 6 LF $ $ 0.00 dollars and cents per unit A3B-11 NCTCOG 6"PVC AWWA-C900 DR18 CLASS 150 WATER PIPE(OPEN CUT) 501.14 6 LF $ $ 0.00 dollars and cents per unit A313-12 NCTCOG TEMPOPRARY PAVEMENT REPAIR(SEWER) 402.4 6 LF $ $ 0.00 dollars and cents per unit A3B-13 NCTCOG 6"GATE VALVE 502.6 1 EA $ $ 0.00 dollars and cents per unit A3B-14 NCTCOG DUCTILE IRON FITTINGS 502.5 0.11 TN $ $ 0.00 dollars and cents per unit A313-15 NCTCOG FIRE HYDRANT ASSEMBLY 502.3 1 EA $ $ 0.00 dollars and cents per unit A3B-16 NCTCOG REMOVE AND SALVAGE WATER VALVE 7012 1 EA $ $ 0.00 dollars and cents per unit A3B-17 NCTCOG REMOVE AND SALVAGE FIRE HYDRANT 7012 1 EA $ $ 0.00 dollars and cents per unit A313-18 NCTCOG RELOCATE EXISTING SPRINGLER CONTROL BOX 502.10 1 EA $ $ 0.00 dollars and cents per unit A3B-19 TXDOT 636 RELOCATE SIGN PANEL(S)ON NEW POST 2 EA $ $ 0.00 dollars and cents per unit A3B-20 TXDOT160 FURNISHING AN D PLACING TOPSIOL(4") 40 CY $ $ 0.00 dollars and cents per unit A313-21 TXDOT 162 BLOCK SODDING 350 SY $ $ 0.00 dollars and cents per unit A3B-22 NCTCOG LANDSCAPING RESTORATION ALLOWANCE 204 1 LS $ 3,000.00 $ 3,000.00 dollars and cents per unit A3B-23 NCTCOG IRRIGATION RESTORATION ALLOWANCE 502 1 LS $ 10,000.00 $ 10,000.00 dollars and cents per unit TOTAL-BID ALTERNATE#313-SEGMENT 2 WEST SIDEWALK DOLLARS CENTS $ 13,000.00 BID FORM TABLE-ADDENDUM NO.1 SECTION III CONTRACTUAL DOCUMENTS STANDARD FORM OF CONSTRUCTION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into this the day of 20_, by and between the CITY OF NORTH RICHLAND HILLLS, a municipal corporation, of the County of Tarrant and State of Texas, hereinafter called "OWNER" and of the City of , County of and State of hereinafter called "CONTRACTOR." OWNER and CONTRACTOR in consideration of the mutual covenants contained in this Agreement, agree as follows: ARTICLE 1. WORK. CONTRACTOR covenants and agrees to perform the Work in every detail, in a good and first-class workmanlike manner as specified and indicated in the Contract Documents, of which are incorporated in this Agreement in their entirety as if they were herein set out at length written word for word. The CONTRACTOR shall furnish all labor, materials, tools and equipment required to perform and complete the Work in strict accordance with these Contract Documents. The Work is described as follows: LARIAT TRAIL PROJECT ARTICLE 2. CONTRACT PRICE. OWNER agrees to pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, the price or prices shown in the bidder's proposal, which total the following amount: DOLLARS AND CENTS ($ ) ("Contract Price"). ARTICLE 3. CONTRACT TIME / TERMINATION / LIQUIDATED DAMAGES. Unless otherwise stated in this agreement, time shall be considered of the essence. III - 1 Construction Agreement a. When time is of the essence, the CONTRACTOR shall be liable for failure to deliver or delay in delivery occasioned by and including without limitation strikes, lock-outs, inability of obtaining material or shopping space, breakdowns, delays of carriers or suppliers, and preexisting governmental acts and regulations of the Federal and State governments or any subdivision thereof, unless such governmental acts and regulations affecting delivery could not be found, recognized, or discovered by due diligence on the part of the CONTRACTOR prior to submission of his/her and City Council's acceptance thereof. b. When time is not of the essence, this agreement shall be inoperative during such period of time that aforesaid delivery or acceptance may be rendered impossible by reason of fire, strike, Acts of God, or government regulation. Provided, however, to the extent that the CONTRACTOR has any commercially reasonable alternative method of performing this contract by purchase on the market or otherwise, he/she shall not be freed of his/her obligation hereunder by this clause, even though the goods intended for this contract were destroyed or their delivery delayed because of any event described above. c. As time is of the essence on this contract, CONTRACTOR agrees to commence work under this contract within ten (10) days from the date specified in the "Notice to Proceed" and complete each phase of construction within the durations specified in the following table. The durations specified are consecutive calendar days and are subject to such extensions of time as are indicated in the Special Provisions. Each subsequent phase after Phase 1 (Phase 2 and/or 3) shall start immediately following the previous phase. There shall be no stopping of work or delay of work between phases. Contractor can coordinate with the City of North Richland Hills on a schedule to work on multiple phases concurrently. III - 2 Construction Agreement Duration Anticipated Start (Calendar Days) Timeframe Phase 1 (Segment 1) (Concrete paving, sidewalks, Within 10 days from date water, and sanitary sewer 150 Days on "Notice to Proceed" between Meadow Lakes Drive and Riviera Drive Phase 2 (Segment 3) Immediately after Phase (Concrete paving, sidewalks, water, and sanitary sewer 120 Days 1 is complete or between Circleview Drive and coordinated with City the End of Lariat Trail) Phase 3 (Segment 2)** Immediately after Phase (Mill& overlay and sidewalks 60 Days 2 is complete or Side between Riviera Drive and Circleview Drive) coordinated with City Base Bid within 270 days (330 with Alternate Bids) Final Acceptance from date on "Notice to Proceed" **- If Alternate Bid(s) are awarded with Base Bid. Any modifications to the durations provided for each phase of construction must be agreed upon in writing by the CONTRACTOR and the OWNER. Additionally, CONTRACTOR agrees to totally complete Base Bid work within 270 consecutive calendar days (330 days with Alternate Bids) after the date specified in the "Notice to Proceed," subject to such extensions of time as are indicated in the Special Provisions. D. Milestones included in this contract are as follows: 1) Completion of Phase 1 (Segment 1) provided in the Construction Drawings within 150 calendar days and starting within 10 days from the date on the "Notice to Proceed" (subject to such extensions of time as are indicated in the Special Provisions). For purposes of this section, to be considered completed, all construction activities included in the Sequence of Construction provided in the Construction Drawings must: a. be in place; b. be functional; c. all permanent water and sewer connections and appurtenances shall be operational as determined by the OWNER; d. all storm drain pipes, inlets, and structures within Phase 1 (Segment 1) must be completed and operational as determined by the OWNER; e. all driveways, sidewalks and ramps within Phase 1 (Segment 1) must be completed and operational as determined by the OWNER; f. all proposed pavement within Phase 1 (Segment 1) shall be paved and traversable, AND; III - 3 Construction Agreement g. all erosion control devices shall be inspected, repaired, and/or modified as needed. In the event that this milestone is not met, OWNER shall have the right to terminate the contract upon thirty (30) days' written notice to CONTRACTOR, if CONTRACTOR does not complete all items within the limits of Phase 1 (Segment 1) to the OWNER's satisfaction. 2) Completion of Phase 2 (Segment 3) provided in the Construction Drawings within 120 calendar days starting from the completion of Traffic Control Phase 1 (Segment 1) (subject to such extensions of time as are indicated in the Special Provisions). a. be in place; b. be functional; c. all permanent water and sewer connections and appurtenances shall be operational as determined by the OWNER; d. all driveways, sidewalks and ramps within Phase 2 (Segment 3) must be completed and operational as determined by the OWNER; e. all proposed pavement within Phase 2 (Segment 3) shall be paved and traversable, AND; f. all erosion control devices shall be inspected, repaired, and/or modified as needed. In the event that this milestone is not met, OWNER shall have the right to terminate the contract upon thirty (30) days' written notice to CONTRACTOR, if CONTRACTOR does not complete all items within the limits of Phase 2 (Segment 3) to the OWNER's satisfaction. 3) Completion of Phase 3 (Segment 2) provided in the Construction Drawings within 60 calendar days starting from the completion of Traffic Control Phase 2 (Segment 3) (subject to such extensions of time as are indicated in the Special Provisions). a. be in place; b. be functional; c. all permanent water and sewer connections and appurtenances shall be operational as determined by the OWNER; d. all sidewalks and ramps within Phase 3 (Segment 2) must be completed and operational as determined by the OWNER; e. all proposed pavement within Phase 3 (Segment 2) shall be paved and traversable, AND; f. all erosion control devices shall be inspected, repaired, and/or modified as needed. In the event that this milestone is not met, OWNER shall have the right to terminate the contract upon thirty (30) days' written notice to CONTRACTOR, if CONTRACTOR does not complete all items within the limits of Segment 2 to the OWNER's satisfaction. III - 4 Construction Agreement Calendar Days is defined as any day of the week or month; no days being excepted, such as, Saturdays, Sundays, holidays and inclement weather days. Counting of contract time will only be stopped when the Owner issues a written notice stating this fact, or when the project is noted as substantially complete by written notice from the Owner. OWNER shall determine when such action is necessary. Extensions of time due to weather delays shall be determined in accordance with the following formula: E = R- P where R is greater than or equal to P, and E = Extra Precipitation Days P = Average Precipitation Days R = Total Precipitation Days Average Precipitation Days (P) is defined as a day of rain, sleet, hail, snow or any combination thereof, and shall be based upon the average precipitation for each month of the year as defined in the Local Climatological Data summaries issued by the National Climatic Data Center in Asheville, North Carolina, and for this contract shall be as follows: Average Precipitation Month Jan Feb Mar Apr May June Number of Days 6 6 7 7 8 6 Month July Aug Sept Oct Nov Dec Number of Days 4 4 6 6 6 6 Partial months shall be prorated uniformly for the entire month and the sum of all the months used will be rounded to the nearest whole number. This number shall be P. Total Precipitation Days (R) is defined as a day of rain, sleet, hail, snow or any combination thereof, if determined by the Owner's Project Representative that the Contrac'or's construction cannot progress substantially due to precipitation and thus be put in the Daily Inspection Logs as a precipitation day. The sum of all precipitation says shall be R. The total number of Extra Precipitation Days (E) shall be granted to the Contractor as extension of time due to weather delays, and no additional time due to drying time for saturated soil will be allowed. This contract time III - 5 Construction Agreement is both multi-tiered and cumulative. e. Liquidated Damages. The CONTRACTOR further agrees to pay the following as liquidated damages- (1) $600 per Calendar Day for any unfinished work beyond Base Bid of 270 consecutive calendar days (330 calendar days with Bid Alternates) after the "Notice to Proceed" issuance date. This rate shall continue until such time that the Project is complete and accepted by the OWNER. (2) It is understood between the parties hereto that these sums shall be treated as liquidated damages and not as a penalty, and the OWNER may withhold from the CONTRACTOR's compensation such sums as liquidated damages. The parties consider the CONTRACTOR's failure to complete performance of the entire contract of Base Bid within the 270t" calendar day (330t" calendar day with Bid Alternates) after the "Phase I Notice to Proceed" date a substantial breach of this agreement, and the amount of liquidated damages set forth herein is a reasonable and fair estimate of just compensation for CONTRACTOR's failure to timely perform the contract. If there is any conflict between any provision of this Article 3, and any other Provision in this agreement, or in any attachment hereto or any other Contract Document, this Article 3 shall control. ARTICLE 4. PARTIAL PAYMENT. OWNER shall make payments to the CONTRACTOR in the following manner. On or about the first of each month, the OWNER, or the OWNER's Authorized Representative, will make accurate estimates of the value, based on contract prices, of the work done and materials incorporated in the work and of materials suitably stored at the site during the preceding calendar month. The CONTRACTOR shall furnish to the OWNER, or the OWNER's Representative, such detailed information as the OWNER may request to aid OWNER as a guide in the preparation of the monthly estimate. 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 contracts less than four hundred thousand dollars ($400,000). Five percent(5%)of each estimate shall be retained by the OWNER until final completion and acceptance of all work covered by the Contract for contracts greater than four hundred thousand dollars ($ 400,000). 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 III - 6 Construction Agreement under the terms and conditions of the Contract. 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. ARTICLE 5. DISCRIMINATION. The CONTRACTOR agrees, in connection with the performance of work under this contract as follows: a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin or ancestry. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. b. The CONTRACTOR agrees to include this non-discrimination clause in any subcontracts connected with the performance of this agreement. c. In the event of the CONTRACTOR's non-compliance with the above non- discrimination clause, the contract may be canceled or terminated by the OWNER. The CONTRACTOR may be declared by the OWNER to be ineligible for future contracts with the OWNER, until satisfactory proof of intent to comply shall be made by the CONTRACTOR. d. The OWNER shall be provided a list of subcontractors who are to be paid $10,000 or more. The CONTRACTOR must ensure that such subcontractors meet the requirements as outlined in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq), execute required assurances and provide the OWNER a copy of the signed assurance of all such subcontractors prior to final payment. In the event of a claim of $10,000 or more against the CONTRACTOR by a subcontractor under this section, no further payment shall be processed unless and until each required subcontractor assurance is provided the OWNER. ARTICLE 6. ENTIRE CONTRACT. This Contract and Agreement contains the entire understanding and agreement of the parties upon the subject matter hereof. There is no agreement, oral or otherwise, which is not set forth in writing as part of this Agreement or the III - 7 Construction Agreement Contract Documents. ARTICLE 7. MODIFICATION. This contract cannot be modified except by a writing signed by both parties. ARTICLE 8. VARIABLES IN COST. The parties hereto assume and understand that the variables in the CONTRACTOR's cost of performance may fluctuate; consequently, the parties hereto agree that any fluctuations in the CONTRACTOR's costs will in no way alter the CONTRACTOR's obligations under this contract nor excuse nonperformance or delay on his/her part. ARTICLE 10. VENUE. This contract shall be governed by the laws of the State of Texas. Venue for any court proceedings shall be in Tarrant County, Texas. ARTICLE 11. CONTRACT DOCUMENTS. Documents Listed. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR for the performance of and payment for the Work, consist of the following- (1) This Agreement (2) Addendum(s) (3) "Notice to Bidders" advertisement (4) Bidder's Proposal (5) Special Instruction to Bidders (6) Performance, Payment and Maintenance Bonds (7) Certification of Insurance (8) Notice to Proceed (9) Technical Specifications (10) City of North Richland Hills' Public Works Design Manual (11) Special Provisions (12) General Provisions (13) Project Construction Plans/Drawings (14) Special Material and/or Equipment Specifications (15) Special Material and/or Equipment Drawings (16) "Public Works Construction Standards - North Central Texas" adopted by the North Central Texas Council of Governments (NCTCOG), Fifth Edition, Adopted November 2017 (17) TxDOT Standard Specifications for Construction and Maintenance of Highways, Street, and Bridges (TxDOT Specifications) (18) North Central Texas Council of Government references III - 8 Construction Agreement ARTICLE 11. DEFAULT 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. ARTICLE 12. 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. IN TESTIMONY WHEREOF, the CITY OF NORTH RICHLAND HILLS has caused this instrument to be signed in its corporate name, and on its behalf by the Mayor or City Manager, duly authorized to execute this instrument by action of the City Council and a corporation, partnership, individual (Name of Contractor) ("X"out the inappropriate wording) acting by and through its duly authorized officials, thereby binding themselves for the faithful and full performance of the terms and provisions of this Agreement. CITY OF NORTH RICHLAND HILLS: CONTRACTOR: By: By: Mark Hindman Name: City Manager Title: Date: Date: ATTEST: ATTEST: By: By: Alicia Richardson Name: City Secretary Title: APPROVED TO FORM AND LEGALITY: By: Maleshia B. McGinnis, City Attorney III - 9 Construction Agreement Bond No. PERFORMANCE BOND STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT a corporation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, whose address is of the City of , County of and State of (hereinafter referred to as "Principal"), and (hereinafter referred to as "Surety"), a corporation organized under the laws of the State of and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF NORTH RICHLAND HILLS (hereinafter referred to as "Owner") in the penal sum DOLLARS AND CENTS ($XXX,XXX.00) [not less than 100% of the approximate total amount of the contract as evidenced in the bid proposal] in lawful money of the United States, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written Contract with the Owner, dated the day of , 20_, to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein for the construction of: LARIAT TRAIL PROJECT III - 10 Performance Bond NOW, THEREFORE, the condition of this obligation is such, that if the said Principal fully and faithfully executes the work and performance of the Contract in accordance with the plans, specifications and Contract Documents, including any extensions thereof which may be granted with our without notice to Surety, during the original term thereof, and during the life of any guaranty required under the Contract, and according to the true intent and meaning of said Contract and the plans and specifications hereto annexed, if the Principal shall repair and/or replace all defects due to faulty materials or workmanship that appear within a period of two years from the date of final completion and final acceptance of the work by owner; and if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, to remain in full force and effect; and in case said contractor shall fail to do so, it is agreed that the Owner may do said work and supply such materials and charge the same against said contractor and Surety on this obligation. In the event that the Principal is declared in default under the said Contract by Owner, the Surety will within fifteen (15) days of Owner's declaration of such default take all action necessary to take over the project from Contractor and assume completion of said Contract. The Surety shall become entitled to the payment of the balance of the Contract Price upon the Surety's faithful performance of its obligations under this bond. The Surety agrees to pay to Owner, upon demand, all loss and expense, including reasonable attorney's fees, incurred by Owner by reason of or on account of any breach of this obligation by the Surety. Provided further, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas. III - 11 Performance Bond PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Texas Government Code, Chapter 2253, as amended, and Article 7.19-1 of the Insurance Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said articles to the same extent as if they were fully copied at length herein. Surety, for value received, stipulates and agrees that the Bond shall automatically be increased by the amount of any Change Order or supplemental agreement with increases the Contract price with or without notice to the Surety, but in no event shall a Change Order or supplemental agreement which reduces the Contract price decrease the penal sum of this Bond. And further that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time alteration, or addition to the terms of the Contract or to the work to be performed thereunder. Surety agrees that this Bond provides for the repairs and/or replacement of all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of completion and acceptance of the improvement by the Owner. The undersigned and designated agent is hereby designated by Surety herein as the agent resident to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this the day of 20_ III - 12 Performance Bond (Company Name of Principal) (Company Name of Surety) (Signature) (Signature) (Printed Name) (Printed Name) (Title) (Title) (Address Line 1) (Address Line 1) (Address Line 2) (Address Line 2) (City, State and Zip Code) (City, State and Zip Code) (Witness) (Witness) The name and address of the Resident Agent of Surety is: (Name) (Address Line 1) (Address Line 2) (City, State and Zip Code) (Telephone Number) (Fax Number) III - 13 Performance Bond Bond No. PAYMENT BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT a corporation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, whose address is of the City of , County of and State of (hereinafter referred to as "Principal"), and (hereinafter referred to as "Surety"), a corporation organized under the laws of the State of and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF NORTH RICHLAND HILLS (hereinafter referred to as "Owner") and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached Contract, in the penal sum DOLLARS AND CENTS ($XXX,XXX.00) [not less than 100% of the approximate total amount of the Contract as evidenced in the bid proposal] in lawful money of the United States, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written Contract with the Owner, dated the day of , 20_, to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein for the construction of: LARIAT TRAIL PROJECT III - 14 Payment Bond NOW, THEREFORE, the condition of this obligation is such, that the Bond guarantees the full and proper protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract and for the use of each claimant, and that conversely should the Principal faithfully perform said Contract and in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract, agreed to by the Principal, and according to the true intent and meaning of said Contract and the claims and specifications hereto annexed, and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to Surety being hereby waived, then this obligation shall be void; otherwise, to remain in full force and effect. Provided further, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas. PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Texas Government Code, Chapter 2253, as amended, and Article 7.19-1 of the Insurance Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said articles to the same extent as if they were fully copied at length herein. Surety, for value received, stipulates and agrees that the Bond shall automatically be increased by the amount of any Change Order or supplemental agreement with increases to the Contract price with or without notice to the Surety and that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety herein as the agent resident to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship. III - 15 Payment Bond IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this the day of , 20_ (Company Name of Principal) (Company Name of Surety) (Signature) (Signature) (Printed Name) (Printed Name) (Title) (Title) (Address Line 1) (Address Line 1) (Address Line 2) (Address Line 2) (City, State and Zip Code) (City, State and Zip Code) (Witness) (Witness) The name and address of the Resident Agent of Surety is: (Name) (Address Line 1) (Address Line 2) (City, State and Zip Code) (Telephone Number) (Fax Number) III - 16 Payment Bond Bond No. MAINTENANCE BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT a corporation organized and existing under the laws of the State of and fully authorized to transact business in the State of Texas, whose address is of the City of , County of and State of (hereinafter referred to as "Principal"), and (hereinafter referred to as "Surety"), a corporation organized under the laws of the State of and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF NORTH RICHLAND HILLS (hereinafter referred to as "Owner") in the penal sum of DOLLARS AND /100 CENTS ($ ) in lawful money of the United States, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written Contract with the Owner, dated the day of , 20_, to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein for the construction of: LARIAT TRAIL PROJECT III - 17 Maintenance Bond The maintenance under this Bond contemplates the complete restoration of the work to a functional use if that should be necessary. It is the intended purpose of this bond to require the correction of all defective conditions resulting from materials furnished or work and labor performed by the Contractor under the Contract; and in case the Contractor or Surety shall fail or refuse to commence and actively pursue such corrections within ten (10) days after written notification has been furnished to them by the Owner, it is agreed that the Owner may do the work and supply such materials and the Contractor and Surety shall be liable for the payment of all costs thereby incurred, jointly and severally. It is further understood and agreed that the obligation under this bond shall be a continuing one against the Contractor and Surety, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted. It is further understood that the obligation to maintain the work shall continue throughout the maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during that time. NOW, THEREFORE, the condition of this obligation is such, that the Bond guarantees the full and proper maintenance and repair of the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance and Principal will do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and do and perform all necessary work and repair any defective condition growing out of or arising from the improper laying or construction of same, or on account of any breaking of same caused by said Contractor in construction of same, or account of any defect arising in any of said work laid or constructed by said Contractor or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by said Contractor, then this obligation shall be void; otherwise, to remain in full force and effect; and in case said Contractor shall fail to do so, it is agreed that the Owner may do said work and supply such materials and charge the same against said Contractor and Surety on this obligation. Provided further, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas. The Owner shall be entitled to its reasonable attorneys' fees and costs in any legal proceeding to enforce the Owner's rights under this bond. III - 18 Maintenance Bond PROVIDED, HOWEVER, that said Surety, for value received, stipulates and agrees that the Bond shall automatically be increased by the amount of any Change Order or supplemental agreement with increases the Contract price with or without notice to the Surety and that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety herein as the agent resident to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this the day of , 20_ (Company Name of Principal) (Company Name of Surety) (Signature) (Signature) (Printed Name) (Printed Name) (Title) (Title) (Address Line 1) (Address Line 1) (Address Line 2) (Address Line 2) (City, State and Zip Code) (City, State and Zip Code) (Witness) (Witness) III - 19 Maintenance Bond The name and address of the Resident Agent of Surety is: (Name) (Address Line 1) (Address Line 2) (City, State and Zip Code) (Telephone Number) (Fax Number) NOTE: Date of Maintenance Bond must not be prior to date of Contract. Power of Attorney must be attached. Amount and Term of Maintenance Bond shall be as stated in the "Special Conditions". III - 20 Maintenance Bond CONTRACTOR'S RELEASE TO CITY TO: CITY OF NORTH RICHLAND HILLS RE: LARIAT TRAIL PROJECT This is to certify that by acceptance (NAME OF CONTRACTOR) of this final payment, hereby releases the OWNER, the City of North Richland Hills, from all claims and all liabilities of the City of North Richland Hills for all things done or furnished in connection with work on this project and further releases the City of North Richland Hills from any and all liabilities arising from any act of the OWNER or his/her agent arising in connection with this project. This release in no way operates to release the CONTRACTOR or his/her Surety from any obligations under this contract or the bond tendered pursuant thereto. (NAME OF CORPORATION) (AUTHORIZED AGENT) CORPORATION ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she is the of the said , a corporation, and that he/she is authorized by said corporation to execute the foregoing instrument as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. III - 21 Project Close-Out Documents CONTRACTOR'S RELEASE TO CITY (Continued) GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of 20 (Notary Public in and for the State of Texas) (Type or Print Notary's Name) My Commission Expires: III - 22 Project Close-Out Documents CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared (hereinafter referred to as "Affiant"), who, (NAME) after being by me duly sworn, deposes and says that he/she is the (TI TLE) of (a (NAME OF COMPANY) corporation, partnership, trade name) of County, State of (W'OUT THE INCORRECT) Texas (hereinafter referred to as "Contractor"), which said Contractor was awarded the contract dated the day of , 2020, for the construction of the LARIAT TRAIL PROJECT (hereinafter referred to as the "Work"), for a total consideration of and XX/100 Dollars ($ XXX,XXX.00 ) to be paid to the said Contractor (the "Contract"), and that Affiant has full power of authority to make this affidavit. That THE CITY OF NORTH RICHLAND HILLS , (hereinafter referred to as "Owner"), has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Texas Government Code, Chapter 2253, as amended, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. III - 23 Project Close-Out Documents That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby accepts the amount of and /100 Dollars ($ ) as FULL AND FINAL PAYMENT under the aforementioned Contract resulting in a total revised contract amount Of and /100 Dollars ( $ ), and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor (hereinafter referred to as "Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act of negligence of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. This affidavit is made in compliance with the law and in compliance especially with Chapter 2253 of the Texas Government Code, as amended, and that the undersigned, upon his/her oath, states that the facts indicated in the above instrument of writing are true and correct and that he/she is not incapacitated an any way from making this affidavit. WITNESS my hand this the day of 20_ (Affiant) (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME, this the day of , 20 (Notary Public in and for the State of Texas) (Type or Print Notary's Name) My Commission Expires: III - 24 Project Close-Out Documents SECTION IV TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS For this contract, the Site Protection & Preparation (Division 200), Roadway Construction (Division 300), Roadway Maintenance & Rehabilitation (Division 400), Underground Construction & Appurtenances (Division 500), Conduit and Appurtenance Rehabilitation (Division 600), Structures (Division 700) and Miscellaneous Construction & Materials (Division 800) of the "Public Works Construction Standards — North Central Texas" adopted by the North Central Texas Council of Governments (NCTCOG), November 2017 Edition, with all amendments thereto, shall govern and shall constitute as the Technical Specifications except as herein amended, modified or supplemented. Omission of any section from the Project's Contract Documents does not mean that such section is not applicable to this Project. The NCTCOG Technical Specifications will be referred to as the Technical Specifications (TS) and will not be physically bound with the other contract documents. Copies may be obtained from the North Central Texas Council of Governments. EXPLANATION OF BID ITEMS In this section, NCTCOG Items refer to "Public Works Construction Standards - North Central Texas" adopted by the North Central Texas Council of Governments (NCTCOG), November 2017 Edition. TxDOT Standard Specification Item refers to Texas Department of Transportation's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" 2014. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 12.1.00 GENERAL 12.1.01 DESCRIPTION This section covers the requirements for submittal data for equipment and material items to be furnished on this project. 12.2.00 MATERIAL 12.2.01 GENERAL EXECUTION The CONTRACTOR shall submit to the Engineer, with such promptness as to cause no delay in his/her own work or in that of any other CONTRACTOR, five (5) copies of all shop drawings, manufacturer's catalog sheets, brochures, performance charts, diagrams, schedules and other standard descriptive data required for the work. The Engineer shall review these submittals with reasonable promptness, making any necessary corrections. If the submittals IV - 1 Technical Specifications indicate variances from the requirements of the contract, the CONTRACTOR shall make specific mention of such variation in his/her letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment. Otherwise, the CONTRACTOR shall not be relieved of the responsibility of executing the work in compliance with the contract even though the submittals have been reviewed. 12.2.02 FORM OF SUBMITTALS The submittals shall be numbered consecutively and shall present the following data as applicable: A. Name of project B. Date of submittal C. References to applicable section(s) of the specifications D. Applicable standards E. Identification of revisions on re-submittals F. Kinds of materials and finishes G. All working and erection dimensions and clearances H. All arrangement and section views I. Connections between functional parts The Engineer may decline to consider any submittal that does not contain complete data on the work and full information on related matters. 12.2.03 SUBMITTAL PROCEDURE The procedure for review of submittals shall be as follows: A. The CONTRACTOR shall submit three (3) copies of the submittal to the Engineer for his/her approval. The submittal shall be accompanied by a letter of transmittal containing the following- 1. Name of the project 2. Name of the CONTRACTOR 3. Name of the submittal 4. References to applicable section(s) of the specifications 5. Other pertinent information as indicated in Section 12.2.02: "Form of Submittals" B. When the submittal is satisfactory to the Engineer, all three (3) copies will be stamped and/or marked "Approved" or "Approved as Noted", be dated, receive the signature of the Engineer and two (2) copies will be returned to the CONTRACTOR by separate letter. IV - 2 Technical Specifications C. Should a submittal be unsatisfactory to the Engineer, he/she will stamp and/or mark thereon "Revise and Resubmit" or"Rejected" and will send two (2) copies to the CONTRACTOR with necessary corrections and changes indicated. The CONTRACTOR must make such corrections and/or changes and submit at least three (3) copies of the re-submittal for approval to the Engineer. The CONTRACTOR shall review and resubmit as required by the Engineer until his/her approval is obtained. D. The CONTRACTOR shall allow sufficient time for preliminary review, corrections, resubmission and final review of all submittals. The CONTRACTOR shall allow not less than fourteen (14) days for each review. Submittals critical to the progress of the project, when requested in writing by the CONTRACTOR, will be given priority review. 12.2.04 LIST OF REQUIRED SUBMITTALS A. List of all subcontractors B. Project Construction Schedule C. Pipe manufacturer certification that the pipe meets specifications. D. Proposed Concrete Mix Designs, including the documentation of all proposed concrete admixtures. E. Stormwater Pollution Prevention Plan F. Construction signing and traffic control plan. Contractor may use the provided traffic control plans for intersection signing. Contractor to provide construction signing and traffic control plan for portions of roadway where detailed traffic control has not been provided. Construction signing and traffic control plan must be in accordance with TMUTCD and be signed by a licensed professional engineering in the state of Texas. G. H. Trench Safety Plan I. Proposed Concrete Placement Machine Information (slip-form required) 12.3.00 CONSTRUCTION N/A IV - 3 Technical Specifications 12.4.00 MEASUREMENT AND PAYMENT Any and all Work called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by CONTRACTOR unless specifically noted otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price. The following descriptions are intended to clarify the nature of the work required for this project, the provisions of the standard technical specifications shall apply, except as otherwise noted herein. BID ITEM N/A: CONSTRUCTION STAKING The provisions of Item 105.4 of the COG Specifications are hereby revised to state that Construction Stakes shall be provided by the CONTRACTOR. There shall be no separate pay provided for Construction Staking. Construction Staking shall be considered subsidiary to Mobilization. BID ITEM 1: GENERAL SITE PREPARATION General Site Preparation shall be in accordance with 203.1 of the NCTCOG Specifications. This pay item will include removal of improvements or obstructions not specifically provided for in other pay items of the Bid Proposal which includes but is not limited to removing gravel, riprap, stumps (all sizes), landscaping, planter boxes, shrubbery, plantings, fences, brick columns, and other items located within the right-of-way. In addition, the work will consist of trimming, if required, removal of above ground foliage and tree formations, and complete removal of all root systems below grade for trees/ shrubs less than 3" in trunk diameter which are not specifically identified for removal on the plans but which must be removed because they are in conflict with the proposed sidewalk or will have exposed roots due to parkway grading. Any backfill necessary after stump removal is subsidiary to this bid item. The City's representative shall authorize any tree/shrub removal which is not specifically identified in the plans. Only trees, landscaping and plantings located within the right-of-way and designated for removal on the plans shall be removed. Trees or shrubs which overhand the proposed sidewalk shall be trimmed to be clear of the sidewalk to a height of 72". Tree/shrub trimming is subsidiary to ROW maintenance. All other trees and landscaping shall be protected from damage as shown in the plan details. This item includes all safety measures and additional traffic control as needed to complete the work. All trees and plant materials shall be properly disposed of offsite. IV - 4 Technical Specifications Pavements and sidewalks shall be patched if necessary to allow for vehicular and pedestrian traffic. All excavated areas shall be backfilled and compacted to prevent additional damage to pavement or other structures. Any damage to yard areas shall be restored at no additional pay, including planters and landscape edging and irrigation systems. Contractor will be responsible for minimum dust on a daily basis and when instructed by the City. Dust control shall include, but is not limited to, operations such as watering stockpiles, subgrade, pavement, sawing, concrete joint sealing, routing, and crack sealing. Equipment necessary for capturing particulate matter during the process of routing, cleaning, and sealing cracks and joints shall be considered subsidiary. The necessary application of water for dust shall be considered subsidiary. Irrigation systems that extend into the ROW shall be capped at the property line prior to pavement removal, leaving the system operable on the resident's property. This Item includes all safety measures and additional traffic control as needed to complete work associated with site preparation beyond what is shown in the traffic control plan. Right-of-way maintenance shall include providing temporary all-weather access to local residences after working hours and during weekends and holidays. Unless otherwise provided, existing storm sewer pipe, inlets or other concrete structures to be removed, shall be paid under this pay item. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price of Lump Sum. BID ITEM 2: MOBILIZATION The work under this item shall include establishment of facilities on the project site and 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. Construction Staking is also considered subsidiary to Mobilization. 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 for Mobilization. a. When 1% and less than 5% of the adjusted contract amount for construction items is completed, 50% of the mobilization lump sum bid will be paid. IV - 5 Technical Specifications b. When 5% and less than 10% of the adjusted contract amount for construction items is completed, 75% of the mobilization lump sum bid will be paid. Previous payments under this section will be deducted from this amount. c. When 10% or more of the adjusted contract amount for construction items is completed, 95% of the mobilization lump sum bid will be paid. Previous payments under this section will be deducted from this amount. d. Payment for the remainder of the lump sum bid for "Mobilization" will be made on the final estimate. BID ITEM 3: PROJECT SIGN The provisions of Item 107.20 of the NCTCOG Specifications and City Specifications shall govern for the erection of project signs. The CONTRACTOR shall install four (4) Project Signs on Lariat Trail. The exact locations shall be approved by the OWNER prior to installation. These signs shall be in accordance with Figure 2M (R 07-01-2009) of the City of North Richland Hills' Public Works Design Manual. These signs shall be installed within 15 calendar days from the date the OWNER awards the contract and shall remain in place during the entire construction period. These Signs shall be removed within 15 calendar days after the OWNER's acceptance of the project improvements. The CONTRACTOR shall maintain the signs for the duration of the construction. Sign Data: Project Name: Lariat Trail Rehabilitation Project - $: To Be Determined After Contract Award Projected Completion: To Be Determined After Contract Award MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each project sign furnished. BID ITEM 4: BARRICADES, SIGNS, AND TRAFFIC HANDLING (A2-1) This item shall include the furnishing and installing traffic control devices in accordance with the Traffic Control Plan in the Plans. Traffic control shall comply with the Texas Manual of Uniform Traffic Control Devices, Item 502 of the TxDOT Specifications, and City Specifications. All traffic control items required to implement the Traffic Control Plan shall be subsidiary to this item. This shall include, but is not limited to, barrels, barricades, panels, signs, removal of existing pavement markings, installation of and removal of temporary pavement markings, concrete traffic barrier, signal modifications, and temporary water/sewer connections. IV - 6 Technical Specifications The standard details shall be considered the minimum requirements necessary to construct the project. Additional measures may be needed to address local traffic control issues and additional sequencing not covered. Prior to construction, the CONTRACTOR will be required to submit a detailed construction sequencing and temporary traffic control plan to address all portions of roadway traffic control not covered by the construction plans. The CONTRACTOR shall also submit a signal modification plan. A schedule shall also be submitted to address times of completion of each stage of the construction sequence and projected dates of road closings, detours, and utility interruptions. The CONTRACTOR shall update this schedule on a monthly basis. The CONTRACTOR shall follow the sequence of construction provided in these plans. Any deviations from the plans must be submitted in writing to the CITY for approval. Proper notification must be given to all affected property owners at least 48 hours in advance of all construction operations. No street shall be closed except upon written authority from the OWNER. Access to adjacent properties must be maintained except for short periods of time when construction actually blocks the driveway. This item shall include the furnishing and installing of traffic control devices, signing, and portable message boards used in accordance with the Detour Maps in the Plans. The amount bid for this item shall be paid over the duration of the project with the amount paid on each monthly progress estimate determined by the percent complete on all other bid items. MEASUREMENT AND PAYMENT: The monthly unit price shall include, but not be limited to all labor, equipment, and materials necessary to implement, maintain, move and remove traffic control devices during all phases of construction. BID ITEM 5: MASONRY MAILBOX (REMOVE & REPLACE) This item shall be used for the remove, salvage, and replacement of masonry mailboxes. Contractor is responsible for coordinating with postal office for mailbox identification and access. Brick and Stone mailboxes are to be replaced in locations specified or as directed by the Engineer and as per USPS guidelines. Damaged mailboxes will be replaced at the Contractor's expense. Brick and stone mailboxes shall be replaced in kind. Temporary mailboxes are required and considered subsidiary to this item and no additional pay will be made to remove, adjust and re-install. Any damage to the IV - 7 Technical Specifications mailbox or its support is required to be fixed to provide a mailbox and/or support equal to or better than the original mailbox and/or support, at no additional cost to the City. The Contractor shall get the property owner's signature on the City provided form after mailbox replacement is complete. Signed forms shall be returned to the City prior to final acceptance and payment is issued. This shall be considered subsidiary to this pay item. MEASUREMENT AND PAYMENT: Payment for this item shall be made on the basis of price bid per each and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete this work. Work shall be in accordance with TxDOT Item 560 "Mailbox Assemblies". BID ITEM 6: STANDARD POLE MAILBOX (REMOVE & REPLACE) This item shall be used for the remove, salvage, and replace of existing standard pole (or non-masonry) mailboxes. Contractor is responsible for coordinating with postal office for mailbox identification and access. Standard pole (or non-masonry) mailboxes are to be replaced in locations specified or as directed by the Engineer and as per USPS guidelines. Damaged mailboxes will be replaced at the Contractor's expense. Mailboxes shall be replaced in kind. Temporary mailboxes are required and considered subsidiary to this item and no additional pay will be made to remove, adjust and re-install. Any damage to the mailbox or its support is required to be fixed to provide a mailbox and/or support equal to or better than the original mailbox and/or support, at no additional cost to the City. The Contractor shall get the property owner's signature on the City provided form after mailbox replacement is complete. Signed forms shall be returned to the City prior to final acceptance and payment is issued. This shall be considered subsidiary to this pay item. MEASUREMENT AND PAYMENT: Payment for this item shall be made on the basis of price bid per each and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete this work. Work shall be in accordance with TxDOT Item 560 "Mailbox Assemblies". BID ITEM 7: SWPPP PLAN AND EROSION CONTROL ITEMS (A2-2) It will be the responsibility of the CONTRACTOR to develop a SWPPP. The CONTRACTOR shall submit the plan to the OWNER in accordance with NCTCOG Specification 202. Once the SWPPP is deemed acceptable by the OWNER, the CONTRACTOR shall obtain a National Pollutant Discharge Elimination System IV - 8 Technical Specifications (NPDES) permit. The SWPPP is to be kept on the construction site and implemented throughout the construction duration. This item shall govern the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the Texas Commission on Environmental Quality's (TCEQ) Texas Pollution Discharge Elimination System (TPDES) General Permit Number TXR150000. Implementation of the SWPPP, installation of erosion control devices, maintenance of such devices, removal of the devices after completion of the project and vegetation has been re-established in all disturbed areas, and all required documentation, and any required application fees as outlined in the TPDES General Permit TXR150000 shall be included in the price of this item. The Contractor shall submit to the City a copy of TPDES documents, as appropriate, prior to commencing construction. See NCTCOG Item 202 for erosion control devices. Cost for furnishing and installing any and all BMP's specified in the SWPPP including, but not limited to, silt fence, inlet protection, rock berms, curlex and stabilized construction entrances shall be subsidiary to this bid item. If the OWNER or Owner's Representative including the Engineer or City Inspector deems the SWPPP devices deficient, CONTRACTOR will make necessary adjustments to adhere to the SWPPP plan at CONTRACTOR'S expense. No additional payment will be made for repair to erosions control devices. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price of lump sum for installing and maintaining all necessary erosion control items and the preparation of the SWPPP and its implementation, including any site postings from the beginning of construction through final acceptance and establishment of grass coverage. Payment will be made on a monthly basis by dividing the lump sum contract price by the total contract time (months) for the project. BID ITEM 8: TREE PROTECTION FENCING WA-1 & A3113-1) Install Tree Protection Fencing in accordance with NCTCOG Specification 201.1 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot. BID ITEM 9: REMOVE TREE WA-2 & A3113-2) Remove Tree in accordance with NCTCOG Specification 201.1 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each. IV - 9 Technical Specifications BID ITEMS 10 — 15: PAVEMENT REMOVAL ITEMS (A2-3, A3A-3, A3A-4, A3A- 5, A3113-3, A3113-4, & A3113-5) Pavement removal covered by this specification shall be only where designated on the Construction Plans or upon specific direction from the Owner's Project Representative. The CONTRACTOR shall make every effort to remove pavement along existing joints. The CONTRACTOR shall saw cut at no extra cost full-depth at the existing joint or along straight, neat lines to remove the area of pavement specified in the Construction Plans. If the adjacent pavement is damaged during the removal process, the CONTRACTOR shall be responsible to saw cut the damaged portion of the pavement until a clean edge is achieved at no cost to the OWNER. The CONTRACTOR will not be compensated for the additional pavement removal or replacement if the damage was caused by the CONTRACTOR during the removal process. If the pavement is in poor condition prior to the CONTRACTOR beginning the removal process, the CONTRACTOR shall coordinate with the Owner's Project Representative to determine the limits of the concrete removal. In this case, the CONTRACTOR shall be compensated for the removal and replacement of the additional pavement; however, the CONTRACTOR will only be paid for the original length saw cut detailed in the construction plans. 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. Item 203.1 of the NCTCOG Specifications shall govern the removal of existing concrete and asphalt. MEASUREMENT AND PAYMENT: Refer to the Unit Price Bid Form. Removal of any concrete or asphalt shall include the cost of saw cutting. BID ITEM 16: STORM REMOVAL ITEMS Remove existing storm pipe, box culvert, inlets, and junction boxes in accordance with NCTCOG Specification 203.1 and the Plans. MEASUREMENT AND PAYMENT: Refer to the Unit Price Bid Form. BID ITEM 17: EXCAVATION WA-6 & A3113-6) Excavation shall consist of all the required excavation within the project limits as shown on the Plans, the removal, proper utilization or disposal of all excavated material including but not limited to any abandoned utilities, and the shaping and finishing of all earthwork in conformity with the lines and grades as shown on the Plans or 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 IV - 10 Technical Specifications completed in accordance with City standards. Excavation (Roadway) shall meet the requirements of Item 203.2 of the NCTCOG 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. There shall be no compensation for any quantities in addition to what is provided in the Bid documents unless the lines and grades are changed by the Engineer. BID ITEM 18: FLEXBASE TYPE A, GRADE 1 OR 2 Flexbase Type A, Grade 1 or 2 for subgrade shall be furnished in accordance with TxDOT Specification 247. MEASUREMENT AND PAYMENT: Payment for this item shall beat the contract unit price per square yard of subgrade thickness as specified in the construction plans. BID ITEM 19: 6" REINFORCED CONCRETE PAVING W/MONOLITHIC CURB Reinforced concrete paving shall be constructed with 3,600 psi Class "C" Portland Cement Concrete and shall be furnished and placed in accordance with the details provided in the Plans and TxDOT Specification Item 360. Admixtures shall otherwise adhere to the applicable provisions of TxDOT Specification Item 360. Fly ash will not be approved as an admixture. Reinforcement shall be in accordance with the Plans and City Standard Details. This item shall include all necessary materials, labor, tools and incidentals required to construct 6" thick reinforced concrete paving on Lariat Trail in conformance with the lines and grades shown on the Plans. CONCRETE QUALITY AND WORKMANSHIP 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. For this project, the main lane pavement shall be slip-form machine (or approved equal) placed concrete with a broom finish in accordance with the specifications below. The contractor shall complete the first 12 concrete panels in the presence of the City Inspector. The quality of the broom finish shall be acceptable to the City Inspector prior to proceeding with additional panels. 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 IV - 11 Technical Specifications 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. The City Engineer shall determine the acceptability of the pavement. Broom Finish If the surface texture is to be a broom finish, it shall be applied when the water sheen has practically disappeared. The broom shall be drawn from the center to the edge of the pavement with adjacent strokes slightly overlapping in the direction of vehicular travel. The broom operation shall be so executed that the corrugation produced in the surface shall be uniform in appearance and not more than 1/16-inch in depth. Brooming shall be completed before the concrete is in such condition that the surface will be torn or unduly roughened by the operation. The surface thus finished shall be free from rough and porous areas, irregularities, and depressions resulting from improper handling of the broom. Brooms shall be the quality, size, and construction and shall be operated to produce a surface finish meeting the approval of the Owner. Subject to the approval of the Owner, the Contractor may be permitted to substitute mechanical brooming in lieu of the manual brooming as herein described. Hand Finishing Hand finishing of concrete pavement will be permitted in areas where it is not practical or possible to construct with finishing machines. These areas include, but are not limited to, intersections, left turn lanes, crossovers, transition areas and where the pavement width is not uniform. In hand finished areas, the concrete shall be struck off with an approved strike-off screed to such elevation that when consolidated and finished the surface of the pavement shall conform to the required section and grade. The strike template shall be moved forward with a combined transverse and longitudinal motion in the direction the work is progressing, maintaining a slight excess of material in front of the cutting edge. The concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly and eliminate surface voids and the surface screeded to required section. After completion of a strike-off, consolidation and transverse screeding; a hand-operated longitudinal float shall be operated to test and level the surface to the required grade. Workmen shall operate the float from approved bridges riding on the forms and spanning the pavement. The longitudinal float shall be held in contact with the surface and parallel to the centerline and operated with short longitudinal strokes while being passed from one side of the pavement to the other. If contact with the pavement is not made at all points, additional concrete shall be placed, if required, and-screeded, and the float shall be used to produce a satisfactory surface. Care shall be exercised to keep the ends of the float from IV - 12 Technical Specifications digging into the surface of the pavement. After a section has been smoothed so that the float maintains contact with the surface at all points in being passed from one side to the other, the bridges may be moved forward half the length of the float and the operation repeated. Other operations and surface tests shall be as required for machine finishing. Edging at Forms and Joints After the final finish, but before the concrete has taken its initial set, the edges of the pavement along each side of each slab, and on each side of transverse expansion joints, formed joints, transverse construction joints, and emergency construction joints shall be worked with an approved tool and rounded to the radius required by the plans. A well-defined and continuous radius shall be produced and a smooth, dense, mortar finish obtained. The surface of the slab shall not be unduly disturbed by tilting of the tool during use. At all joints, any tool marks appearing on the slap adjacent to the joints shall be eliminated by brooming the surface. In doing this, the rounding of the edge shall not be disturbed. All concrete on top of the joint filler shall be completely removed. All joints shall be tested with a straightedge before the concrete has set, and correction shall be made if one side of the joint is higher than the other or if they are higher or lower than the adjacent slabs. MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per square yard, complete in place and include all concrete, monolithic curb, reinforcing steel, required joint work, expansion material, approved elastomeric joint seal material, and other incidentals. Measurement and payment by the square yard for concrete pavement shall be made to the gutter line. Payment shall be based on Plan dimensions and no separate payment shall be provided for monolithic curb or extra thickness of concrete pavement placed. BID ITEM 20: 6" CONCRETE DRIVEWAY Construct 6" Concrete Driveway in accordance with TxDOT Specification 530 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per square yard. BID ITEM 21: ASPHALT TRANSITION PAVEMENT (2" TY D ASPHALT ON 4" TY B ASPHALT) Asphalt Transition Pavement shall be 2" of TY D Asphalt on 4" TY B Asphalt. Asphaltic concrete shall meet the requirements for Type "D" or "B" of TxDOT IV - 13 Technical Specifications Specification 340. A prime coat shall be applied to the prepared subgrade before placing the first lift. Prime coat is considered subsidiary to the asphalt item. The OWNER reserves the right to delete any or all of these items from the Contract if not needed. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per square yard asphalt in place. Prime Coat shall be subsidiary to this item. BID ITEM 22: 4" CONCRETE SIDEWALK WA-7 & A3113-7) Four inch (4") thick reinforced concrete sidewalk, including reinforcing steel, shall be constructed in accordance with the width and details shown on the Plans and TxDOT Specification Items 360 and 531. Reinforced concrete paving shall be constructed in accordance with TxDOT Specification Items 360 and 531 with the appropriate strength. One (1") inch thick layer of cushion sand under the sidewalk is subsidiary to the unit price of the sidewalk. Sidewalk widths vary and shall be installed per the Plans. Expansion joint material and elastomeric filler shall be placed along the full length of the sidewalk between the back of curb and sidewalk (for areas where sidewalk is adjacent to back of curb), and shall be included in the unit price for the sidewalk. Sidewalks located adjacent to the back of curb shall have a sidewalk lug installed per Figure 11 P-3 on the Plans. This is subsidiary to sidewalk installation. Sidewalks with monolithic curb wall shall be constructed per City of Fort Worth detail D546 and per Plans. Sidewalk will be part of this Bid Item and curb wall will be paid with separate Bid Item. 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 beat the contract unit price per square yard including excavation, concrete, reinforcing steel, cushion sand,joint sealer, expansion joint material and elastomeric filler complete in place. BID ITEM 23-24: CURB RAMPS WA-9 & A3113-9) This item shall govern the installation of Curb Ramps in accordance with the details provided in the Plans and TxDOT Specification Item 531. 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 IV - 14 Technical Specifications of 5 inches. Rebar shall be #3 bars spaced at 18" o.c.e.w. Concrete shall meet the requirements of Item 303. 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. Per Texas Accessibility Standards Technical Memorandum TM 08-01 Issues: June 30, 2008, "The ONLY surface texture TDLR is currently aware of that meets the intent of both the Texas Accessibility Standards and the currently enforceable federal Americans with Disabilities Act Accessibility Guidelines are detectable warnings (aka truncated domes) meeting the technical specifications of TAS 4.29.2." Truncated dome surface shall be provided by using precast detectable warning plates or approved equal in a color approved by the City representative. Truncated dome pavers will not be allowed. "In accordance with Administrative Rules 68.102 and TAS 2.2, the Department is allowing the detectable warning surface to be a minimum of 24" in depth (in the direction of pedestrian travel) in lieu of the full depth of the curb ramp. The deviation from this particular technical requirement does not require a variance. The truncated domes must still extend the full width of the curb ramp (or landing as applicable at parallel curb ramps) and comply with TAS 4.29.2." MEASUREMENT AND PAYMENT: Payment for this item shall beat the contract unit price per each basis furnished and installed and shall include all concrete, reinforcement, formwork, truncated domes, monolithic curb, labor, materials, and incidentals necessary to complete the work per provided details. BID ITEM 25, 30, AND 41: TRENCH SAFETY (STORM, WATER, AND SEWER) (A1-1, A3A-10, & A3B-10) The provisions of Item 107.20.3 of the COG Specifications shall govern for"Trench Safety". A trench safety plan shall be submitted for approval as required under "SHOP DRAWINGS, PRODUCT DATA AND SAMPLES" of these technical specifications. All trenches must be backfilled at the end of the workday. No open trenches will be allowed outside of working hours. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot. BID ITEM 26: 24" CONCRETE REINFORCED PIPE — CLASS III Install all concrete pipe in accordance with TxDOT Standard Details, TxDOT Specification 464, and the Plans. All storm pipe connections to existing and proposed storm infrastructure, including but not limited to, junction boxes, pipe, IV - 15 Technical Specifications box culvert, structures, and inlets is considered subsidiary to storm pipe and box culvert. There will be no separate pay for connections. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot and shall include excavation, backfill, labor, materials, and incidentals necessary to complete the work. BID ITEM 27: STANDARD 10' STORM INLET Storm drain inlets shall be constructed in accordance with City Standard Details and TxDOT Specification 465. Where applicable, the depth shall be adjusted per the Plan elevations at no additional cost. All inlets shall be cast-in-place. Concrete for inlet shall be Class "C"with a minimum 5 sacks per cubic yard of cement content and a 3,000 psi compressive strength when tested at 28 days. 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. BID ITEM 28, 33, AND 45: TEMPORARY PAVEMENT REPAIR (STORM, WATER, AND SEWER) (A1-4, A3A-12, & A3113-12) Place a temporary surface on any cut opening as per City of North Richland Hills Detail Figure 15P-2 (R07-01-2009). Temporary surfaces shall be adequately compacted and sealed to prevent degradation of the repair during the temporary period. Any temporary surface that fails to provide a nondegraded riding surface shall be removed and replaced at the CONTRACTOR'S expense. MEASUREMENT AND PAYMENT: Payment for Temporary Pavement Repair shall be at the contract unit price per linear foot. BID ITEM 29: STORM DRAIN MANHOLE LID ADJUSTMENT Adjust existing manholes in accordance with NCTCOG Specification 701.2 and 502.1.2 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each. BID ITEM 31-32: PVC DR18 WATER PIPE (VARIOUS SIZES) WA-11 & A3113- 11) Install water pipe in accordance with NCTCOG Specification 501.14 and the Plans. All mains installed by direct bury shall be laid with #14 AWG tracer wire with blue IV - 16 Technical Specifications 30 mil HDPE coating. All mains installed by directional boring shall include #12 AWG copper clad steel wire. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot and shall include excavation, backfill, labor, materials, and incidentals necessary to complete the work. BID ITEM 34-35: RESILIENT SEATED GATE VALVE (VARIOUS SIZES) (ASA- 13 & A3113-13) Install Resilient Seated Gate Valve in accordance with NCTCOG Specification 502.6 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each and shall include excavation, backfill, labor, materials, and incidentals necessary to complete the work. BID ITEM 36: DUCTILE IRON FITTINGS WA-14 & A3113-14) Install Ductile Iron Fittings in accordance with NCTCOG Specification 502.5 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per ton. BID ITEM 37: FIRE HYDRANT ASSEMBLY WA-15 & A3113-15) Install Fire Hydrant Assembly in accordance with NCTCOG Specification 502.3 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each. BID ITEM 38-39: WATER SERVICE (SHORT AND LONG) Install water services to waterline in accordance with NCTCOG Specification 502.10 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each for short connection and long connection and shall include excavation, backfill, labor, materials, and incidentals necessary to complete the work. BID ITEM 40: CONNECTION TO EXISTING WATER LINE Connect proposed water line to existing water line in accordance with NCTCOG Specification 502.10 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each. IV - 17 Technical Specifications BID ITEM 42-44: PVC SDR SANITARY SEWER PIPE (OPEN CUT) (VARIOUS SIZES) (Al-2, Al-3 &A2-10) Install SDR-26 and SDR-35 sanitary sewer pipe of various sizes in accordance with NCTCOG Specifications 501.17, 504 and 507 and the Plans. 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 pumped 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 placed in 6"-8" loose lifts (12" maximum) and shall be compacted to 95% of the maximum dry density as defined by ASTM D698 (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 closure. Install clay dams or trench dams as required downstream of all storm drain crossings, or when groundwater is detected during manhole installation. The dam shall be located upstream of the manhole, downstream from the storm drain crossing, and just upstream of sanitary sewer manholes located near street low points. Clay dams or trench dams shall be considered subsidiary to this item. All sanitary sewer lines shall be installed with a tracer wire. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot and shall include excavation, embedment, backfill, tracer wire, testing, materials, equipment, labor, tools and incidentals necessary to complete work. BID ITEM 46: 4' DIA SANITARY SEWER MANHOLE OFT DEEP) (A2-11) Install 4' diameter sanitary sewer manhole, up to 5-feet deep, in accordance with NCTCOG Specification 502.1 and the Plans. Manholes installed in asphalt pavement require a concrete collar and shall be considered subsidiary to this item. Vacuum testing of manholes shall be done in accordance with NCTCOG Specification 502.1 and the Plans. Vacuum testing shall be considered subsidiary to this item. IV - 18 Technical Specifications MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each and shall include excavation, materials, backfill, manhole tie- ins, and vacuum testing. BID ITEM 47: EXTRA DEPTH MANHOLE (>5FT) Install 4' diameter sanitary sewer manhole in excess of the basic 5-foot depth in accordance with NCTCOG Specification 502.1 and the Plans. Vacuum testing of manholes shall be done in accordance with NCTCOG Specification 502.1 and the Plans. Vacuum testing shall be considered subsidiary to this item. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot and shall include excavation, materials, backfill, manhole tie-ins, and vacuum testing. BID ITEMS 48-49: SEWER SERVICE (SHORT AND LONG) Install sanitary sewer services and connect to existing in accordance with NCTCOG Specification 502.10 and the Plans. Any damage to existing cleanouts shall be replaced at no additional pay. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each for short connection and long connection and shall include excavation, backfill, labor, materials, and incidentals necessary to complete the work. BID ITEMS 50-51: PRE-AND POST-CCTV INSPECTION Pre-construction television inspection shall be performed on existing sanitary sewer lines in accordance with Items 507.5.2 and 507.2 of the NCTCOG Specifications. Cleaning and bypass pumping will be performed as necessary to allow the television inspection. The CONTRACTOR shall furnish to the city a color videotape of all television inspections. Post-construction television inspection shall be performed on all sanitary sewer lines in accordance with Item 507.5.2 of the NCTCOG 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: Payment for this item shall be at the contract unit price per linear foot of pipe actually inspected. Cleaning shall be considered subsidiary to this item. IV - 19 Technical Specifications BID ITEM 52: CONNECTION TO EXISTING SANITARY SEWER LINE (A2-12) Connect proposed sanitary sewer line to existing line in accordance with NCTCOG Specification 502.10 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each and shall include all required excavation, removal, backfill, labor, materials, equipment, and appurtenances to make the connection. BID ITEM 53: REMOVE AND SALVAGE WATER VALVES WA-16 & A3113-16) 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 City does not wish to obtain the salvaged assembly, the contractor shall dispose of the assembly offsite in a lawful manner. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract price per each and shall include excavation, removal, backfill, and transporting the water valve offsite. BID ITEM 54: REMOVE AND SALVAGE FIRE HYDRANT WA-17 & A3113-17) Existing fire hydrant assembly shall be removed and salvaged where shown on the plans and shall follow the provisions of Item 203.3. Associate 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. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract price per each and shall include excavation, removal, backfill, and transporting the fire hydrant assembly. BID ITEM 55: REMOVE SANITARY SEWER MANHOLE WA-18, A3A-19, A3113- 18, & A3113-19) 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. MEASUREMENT AND PAYMENT: Payment for this item shall be on the contract price per each and shall include 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 IV - 20 Technical Specifications quantity of concrete to form a tight enclosure where specified, and backfilling the remaining hole to match surrounding grades or as specified. BID ITEMS 56-57: RELOCATE WATER METER / SPRINKLER CONTROL BOX Any meter box or sprinkler control box located within a driveway or sidewalk shall be relocated and placed in the parkway or behind the sidewalk as directed by the OWNER. Contractor shall coordinate with the property owner for relocation of sprinkler control boxes located outside of the City's right-of-way. All work shall be performed by a licensed plumber with a separate 2-year warranty. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each and shall include all materials including extension stems if necessary, equipment, labor, tools, and incidentals necessary to complete the work. BID ITEM 58: RELOCATE SIGN PANEL ON NEW POST WA-20) For locations shown on the Plans, remove the existing sign panels, clean and salvage panels and dispose of the existing sign post. Refer to the Plans for the location of sign panels to be salvaged and installed on a new post per TxDOT Item 636 Signage shall be installed in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD), latest revision. The City of North Richland Hills reserves the salvage rights on surplus/replaced signage. New Street signs will be provided by the CONTRACTOR to be mounted and installed by the CONTRACTOR. MEASUREMENT AND PAYMENT: This item shall be on the bases of price bid per each sign post removed. Salvaging and cleaning all sign panels on the existing post and disposing of the existing post is subsidiary to the existing post. BID ITEM 59: PAVEMENT MARKINGS Pavement markings shall be performed in accordance with TxDOT Standard Specifications and the Manufacturer recommendations. This item shall consist of the work, labor, materials, and equipment necessary to install pavement markings as shown on the Plans in accordance with the Texas Department of Transportation Items 666 and 678. All work, labor, materials, and equipment required for surface preparation, installation of pavement markings, and pavement marking sealant shall be subsidiary to each pavement marking bid item placed. Each pavement marking shall be thermoplastic. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot and shall include all labor, materials, equipment, and IV - 21 Technical Specifications incidentals necessary to complete the work, including removal of existing signage, markings, surface preparations, sealing, etc. as called for on the plans and in TxDOT specifications. Any damage to existing facilities, markings, sod, etc. as a result of this work will be subsidiary to the cost of this bid item. BID ITEM 60: INSTALL PAINTED CURB ADDRESS Painted curb address are to be installed to each residence driveway and shall meet the City's Code and Fire Department regulations. Addresses are to be white numbers on black background with any variation to be approved prior to installation by the City. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each and shall include all required labor, materials, equipment, and appurtenances for the address painting. BID ITEM 61: DEAD END BARRICADE Dead end barricade shall be installed as per City of Fort Worth Detail STR-013, as shown in the plans. MEASUREMENT AND PAYMENT: Payment for Dead End Barricade shall be at the contract unit price per each. BID ITEM 62 AND 63: FURNISHING AND PLACING TOPSOIL AND BLOCK SODDING (A3A-21, A3A-22, A3113-20, & A3113-21) Topsoil and Sod shall be installed per TxDOT Specification Items 160 and 162. The type of sod placed shall match the type of grass in the adjacent lawn area. A 4-inch layer of topsoil, furnished in accordance with Item 162, shall be placed on all areas to be sodded. Suitable on-site topsoil may be utilized, or topsoil shall be imported to achieve 4-inches. Fertilizer shall be furnished in accordance with Item 166 and applied at time of initial sodding only. Fertilizer shall be considered subsidiary to Block Sod placement. Watering during construction will be considered subsidiary to block sodding and will be done in accordance with Item 168. Watering shall be done until accepted by the owner and the City. The topsoil shall be uniformly distributed on the designated area(s) and it shall be a minimum of 4 inches (75 mm) deep after firming. Spreading shall be performed in such a manner that sod installation can proceed with a minimum of additional soil preparation and tillage. Any irregularities in the surface resulting from topsoiling or other operations shall be corrected in order to prevent the formation of depressions or water pockets. Topsoil shall not be placed while in a frozen or muddy condition, when the subgrade is excessively wet, or in a condition that may otherwise be detrimental to proper grading or proposed for turfgrass sod installation. After the topsoil has been spread and the final grade approved, it shall be cleared of all grade stakes, surface trash or other objects that would hinder installation IV - 22 Technical Specifications and/or maintenance of turfgrass sod and other plantings. Paved areas over which hauling operations are conducted shall be kept clean and any soil which may be brought upon the surfacing shall be promptly removed. The wheels of all vehicles shall be kept clean to avoid tracking soil on the surfacing of roads, walks or other paved areas. The first row of turfgrass sod shall be laid in a straight line, with subsequent rows placed parallel to and tightly against each other. Lateral joints shall be staggered to promote more uniform growth and strength. Care shall be exercised to insure that the pieces are not stretched or overlapped and that all joints are butted tightly to prevent voids that would cause air drying of the roots. The installation contractor shall water the turfgrass sod immediately after transplanting to prevent drying. As sodding is completed in any one section, the entire area shall be lightly rolled. It shall then be thoroughly watered to a depth sufficient to ensure the underside of the new sod pad and soil immediately below the pad are thoroughly wet. The general contractor shall be responsible for having adequate water available at the site prior to and during installation. The general contractor shall supply adequate water to the site. The single-most important factor in the successful rooting of newly installed turfgrass sod is adequate, regular watering. Watering should begin immediately after installation. The amount of water required will vary depending upon season, weather, temperature, wind, slope and turfgrass variety. The general contractor shall designate the party responsible to ensure adequate water supply and application. MEASUREMENT AND PAYMENT: Topsoil shall be measured per cubic yard. Block sodding shall be measured and paid per square yard of block sod installed. Both items include all labor, equipment and materials necessary to complete the work including preparation of topsoil, watering, fertilizing and maintenance until accepted by the property owner and the City. The cost of fertilizer and watering is incidental to the unit price of sodding. BID ITEM 64: LANDSCAPING RESTORATION ALLOWANCE (A3A-23 & A3113- 22) Landscaping Restoration Allowance shall consist of restoring all existing landscaped areas affected by the construction to an equal or better condition. This work shall include, but not be limited to, any relocation/replacement of landscape plants, bedding material, edgeing material, decorative rocks/boulders and any other plan material that may be encountered during construction. The CONTRACTOR shall only utilize this item when approved and should avoid damaging existing landscaping whenever possible. This item should only be used if damaging the existing landscaping is unavoidable. It is the CONTRACTOR'S responsibility to verify the existing conditions and plant species within landscape areas prior to construction. This item may be used with approval by the Owner. IV - 23 Technical Specifications Owner reserves the right to delete any or all of this item from the Contract if it is not needed. MEASUREMENT AND PAYMENT: Payment for landscape restoration will be provided out of the allowance for Landscaping Restoration Allowance. Payment will be based on a price agreed upon prior to the work being performed. The CONTRACTOR will only charge the fraction of the allowance that yields the agreed upon price which will be considered payment in full for all labor, materials, tools, equipment, and incidentals. BID ITEM 65: IRRIGATION RESTORATION ALLOWANCE WA-24 & A3113-23) Irrigation Restoration Allowance shall consist of restoring all existing irrigation systems affected by the construction to an equal or better condition. This work shall include, but not be limited to, any relocation/replacement of spray heads, control valves, piping, sleeving, and all other irrigation equipment that may be encountered during construction. The CONTRACTOR shall only utilize this item when approved and should avoid damaging existing irrigation whenever possible. This item should only be used if damaging the existing irrigation is unavoidable. It is the CONTRACTOR'S responsibility to verify the existing conditions and types of irrigation appurtenances (spray heads, drip irrigation, piping, etc) within landscape areas prior to construction. This item may be used with approval by the Owner. Owner reserves the right to delete any or all of this item from the Contract if it is not needed. MEASUREMENT AND PAYMENT: Payment for irrigation restoration will be provided out of the allowance for Irrigation Restoration Allowance. Payment will be based on a price agreed upon prior to the work being performed. The CONTRACTOR will only charge the fraction of the allowance that yields the agreed upon price which will be considered payment in full for all labor, materials, tools, equipment, and incidentals. BID ITEM 66: PROJECT CONTINGENCY AS DIRECTED BY OWNER Project Contingency is provided to be used at the discretion of the OWNER for any unforeseen items. Any work performed without prior authorization from the OWNER shall not be paid under this item. The CONTRACTOR shall include this amount within their bid and understand the intent is not to utilize this item. A maximum contingency amount of $15,000 is provided for this item. At the completion of the work, funds not utilized in this item shall be removed from the Contract. This pay item can also be used to supplement other pay items that were overrun and deemed necessary for this project success. MEASUREMENT AND PAYMENT: Payment for contingency work shall be made by the lump sum price agreed on in writing by the OWNER and the CONTRACTOR before said work is commenced. The Work is subject to all other conditions of the contract. The CONTRACTOR will only charge the fraction of the allowance that IV - 24 Technical Specifications yields the agreed upon price which will be considered payment in full for all labor, materials, tools, equipment, and incidentals. BID ITEM 67: UTILITY CONTINGENCY AS DIRECTED BY OWNER Utility Contingency is provided to be used at the discretion of the OWNER for unforeseen utility related items. Any work performed without prior authorization from the OWNER shall not be paid under this item. The CONTRACTOR shall include this amount within their bid and understand the intent is not to utilize this item. A maximum contingency amount of $10,000 is provided for this item. At the completion of the work, funds not utilized in this item shall be removed from the Contract. This pay item can also be used to supplement other pay items that were overrun and deemed necessary for this project success. MEASUREMENT AND PAYMENT: Payment for contingency work shall be made by the lump sum price agreed on in writing by the OWNER and the CONTRACTOR before said work is commenced. The Work is subject to all other conditions of the contract. The CONTRACTOR will only charge the fraction of the allowance that yields the agreed upon price which will be considered payment in full for all labor, materials, tools, equipment, and incidentals. BID ITEM 68: PAVEMENT CONTINGENCY AS DIRECTED BY OWNER Pavement Contingency is provided to be used at the discretion of the OWNER for unforeseen utility related items. Any work performed without prior authorization from the OWNER shall not be paid under this item. The CONTRACTOR shall include this amount within their bid and understand the intent is not to utilize this item. A maximum contingency amount of $10,000 is provided for this item. At the completion of the work, funds not utilized in this item shall be removed from the Contract. This pay item can also be used to supplement other pay items that were overrun and deemed necessary for this project success. MEASUREMENT AND PAYMENT: Payment for contingency work shall be made by the lump sum price agreed on in writing by the OWNER and the CONTRACTOR before said work is commenced. The Work is subject to all other conditions of the contract. The CONTRACTOR will only charge the fraction of the allowance that yields the agreed upon price which will be considered payment in full for all labor, materials, tools, equipment, and incidentals. IV - 25 Technical Specifications NEW ALT BID LINE ITEM DESCRIPTIONS Repeated bid items are identified in Base Bid Items above. BID ITEM Al-5: 8" PIPE BURSTING W/POLYETHYLENE PIPE Install 8" polyethylene pipe in accordance with NCTCOG Specification 601.8 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot. BID ITEM A1-6: RECONNECTION OF SERVICES Reconnect all service connections in accordance with NCTCOG Specification 601.8. and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each. BID ITEM A1-7: POINT REPAIR (OPEN CUT) If obstruction or repair that requires excavation to repair must first be approved in writing by the City prior to work being done by Contractor. Point repairs shall be in accordance with NCTCOG Specification 601.4. and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each. BID ITEM A2-4: PLANE ASPHALT PAVEMENT (2") The top 2" of the existing asphalt pavement shall be planed in accordance with TxDOT Specification 354 in preparation for 2" asphalt overlay. If the adjacent pavement is damaged during the removal process, the CONTRACTOR shall be responsible to saw cut the damaged portion of the pavement until a clean edge is achieved at no cost to the OWNER. The CONTRACTOR will not be compensated for the additional pavement removal or replacement if the damage was caused by the CONTRACTOR during the removal process. 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 of in accordance with local, state and federal guidelines. MEASUREMENT AND PAYMENT: Payment for this item shall beat the contract unit price per square yard of subgrade thickness as specified in the construction plans. IV - 26 Technical Specifications BID ITEM A2-6: 2" TYPE D ASPHALT PAVEMENT Asphaltic concrete overlay shall meet the requirements for Type "D" of TxDOT Specification 340. A tack coat shall be applied to the exposed asphalt before placing the overlay. Tack coat is considered subsidiary to the asphalt item. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per square yard asphalt in place. Tack Coat shall be subsidiary to this item. BID ITEM A2-7: 6" CONCRETE VALLEY Six inch (6") thick reinforced concrete valley, including reinforcing steel, shall be constructed in accordance with the width and details shown City of North Richland Hills detail Figure 9P (R07-01-2009) and TxDOT Specification Item 360. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per square yard asphalt in place. BID ITEM A2-8: REWORK BASE REPAIR After the top 2" of asphalt is planed, if the remaining pavement or subbase is in poor condition or soft spots are identified, the CONTRACTOR is to remove the reimaging asphalt, rework the subbase, and place Type "B" asphalt back to 2" below final grade. Prior to the CONTRACTOR beginning the base repair, the CONTRACTOR shall coordinate with the Owner's Project Representative to determine the limits of the base repair. MEASUREMENT AND PAYMENT: Payment for this item shall beat the contract unit price per square yard of base repair including removal, rework of subbase, and placement of Type "B" asphalt. BID ITEM A2-9: SANITARY SEWER MANHOLE LID ADJUSTMENT Adjust existing manholes in accordance with NCTCOG Specification 701.2 and 502.1.2 and the Plans. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per each. BID ITEM A2-13: REMOVE SANITARY SEWER CLEANOUT Existing sanitary sewer cleanouts to be removed shall become the property of the CONTRACTOR to be disposed in accordance with local, state, and federal guidelines. MEASUREMENT AND PAYMENT: Payment for this item shall be on the contract price per each and shall include the complete removal and disposal of cleanout and accessories. IV - 27 Technical Specifications BID ITEM A3A-8 & A3113-8: MONOLITHIC CURB WALL Construct monolithic curb wall on 4" concrete sidewalk as shown on the plans and in accordance with TxDOT Specification 529. Sidewalk will be paid with separate Bid Item. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot. IV - 28 Technical Specifications SECTION V SPECIAL PROVISIONS SPECIAL PROVISIONS INDEX SP-1 General SP-26 Prosecution of Construction SP-2 Project Description SP-27 Liquidated Damages SP-3 Definitions SP-28 Occupational Safety and SP-4 Information Concerning Health Act Conditions SP-29 Easements/Right-Of-Way SP-5 Addenda SP-30 Right of Entry SP-6 Proposed Guaranty SP-31 Authority and Duties of SP-7 Filing of Proposal Inspector SP-8 Rejection of Proposals SP-32 Owner-Engineer SP-9 Disqualification of Bidders Relationship SP-10 Qualification to Perform SP-33 Professional Inspection by Engineer SP-11 Award of Contract SP-34 Copies of Plans and SP-12 Bonds —Amount and Terms Specifications Furnished SP-13 Insurance Requirements SP-35 Verification of SP-14 Policy Endorsements and Measurements Special Conditions SP-15 Order of Work SP-36 Pay Items — Incidental Construction SP-16 Priority of Contract SP-37 Omissions Documents SP-38 Minimum Wage Rates SP-17 Warranty SP-39 Losses from Natural Causes SP-18 Lines and Grades SP-40 Explosives, Blasting, Etc. SP-19 Inspection and Testing SP-20 Indemnification SP-41 Work with Own Forces SP-42 Project Name Construction SP-21 Sales Tax Signs SP-22 Traffic Control SP-43 Water for Construction SP-23 Trench Safety SP-44 Owner's Right to Suspend SP-24 Work-Site Area and Clean- Work and Annul Contract Up SP-45 Ownership of Drawings SP-25 Existing Structures, Facilities and Improvements SP-46 Adequacy of Design SPECIAL PROVISIONS SP-1: GENERAL For this contract, the General Provisions (Division 100) of the "Public Works Construction Standards - North Central Texas" adopted by the North Central Texas Council of Governments (NCTCOG), Fifth Edition, adopted in November 2017, with all amendments thereto, shall govern and shall constitute as the Special Provisions except as herein amended, modified or supplemented. Omission of any section from this Project's Contract Documents does not mean that such section is not applicable to this Project. The NCTCOG General Provisions will be referred to as the General Provisions (GP) and will not be physically bound with the other contract documents. Copies may be obtained from the North Central Texas Council of Governments. The following Special Provisions shall take precedence over all other contract conditions, specifications and agreements. SP-2: PROJECT DESCRIPTION The work associated with this Project includes, but is not limited to, the following tasks: 1. Construction Staking 2.Traffic and Erosion Control 3. Roadway Grading 4. Concrete and Asphalt Paving 5. Driveway Reconstruction 6. Storm Drain Improvements 7. Water Improvements 8. City Utility Adjustments 9. Pavement Marking and Signage SP-3: DEFINITIONS Modify GP Item 101.1 Definitions as follows: The word "City" or "OWNER" in these documents shall be understood as referring to: The City of North Richland Hills, Texas 4301 City Point Drive North Richland Hills, Texas 76180 V - 1 Special Provisions The word "Engineer" in these documents shall be understood as referring to a professional engineer employed by the City of North Richland Hills. The word "Inspector" in these documents shall be understood as referring to the technical construction inspector within the OWNER's Public Works Department. The word "OWNER's Representative" in these documents shall be understood as referring to the OWNER's Director of Public Works, Public Works Technical Construction Inspector(s), Engineer of the OWNER, or such other Engineer or Supervisor as may be authorized by the OWNER to act in any particular position. Any reference to "Special Conditions" or "Supplemental Special Conditions" shall be understood as referring to these Special Provisions. SP-4: INFORMATION CONCERNING CONDITIONS Add the following to GP Item 102.3. Examination of Plans, Specifications and Site of the Work: Prospective bidders shall make a careful examination of the entire site of the project and shall make such explorations as may be necessary to determine the subsoil and water conditions to be encountered; improvements and obstructions which may be encountered, especially those to be protected; methods of providing ingress and egress to private as well as public property; methods of handling traffic during construction and maintenance of the entire project as well as any section thereof; protection of all existing structures both above and below ground; and how the plans fit the proposed project and especially if any discrepancies exist. The accuracy of the information furnished by the Engineer or the plans and specifications as to underground structures and surface structures, foundation conditions, character of soil, position and quality of ground and subsoil water, etc., are not guaranteed by the OWNER. Subsurface exploration, to ascertain the nature of the soils at the project site, including the amount of rock, if any, is to be the responsibility of any and all prospective bidders. Whether prospective bidders perform this subsurface exploration jointly or independently, it shall be left to the discretion of such prospective bidders. Subsurface exploration shall not be attempted without the approval of the Engineer. V - 2 Special Provisions SP-5: ADDENDA Bidders wanting further information, interpretation or clarification of the Contract Documents must make their request in writing to the Engineer at least seven (7) days prior to the Bid Opening. Answers to all such requests will be made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omission from the Contract Documents, or should he/she be in doubt as to their meaning, he/she should at once notify the Engineer in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder who has requested and received a bid packet. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Engineer prior to 24 hours of the bid opening, with the appropriate recognition of addenda so noted in the bid proposal. SP-6: PROPOSED GUARANTY Modify GP Item 102.5. Proposal Guaranty to include: The five percent (5%) proposal guaranty shall be five percent (5%) of the largest possible total for the bid submitted. SP-7: FILING OF PROPOSAL Add the following to GP Item 102.6. Filing of Proposals: Bids, affidavits and proposed construction schedules must be submitted in sealed envelopes within the time limit for receiving proposals, as stated in the "NOTICE TO BIDDERS", which envelopes bear a legible notation, "PROPOSAL", and the name of the project. The original copy shall be filed with the City of North Richland Hills in the office of the City Secretary at City Hall. SP-8: REJECTION OF PROPOSALS Add the following reasons to GP Item 102.11. Rejection of Proposals- (7) Proposals that are incomplete insofar as the required signatures, proposal guaranty, or containing any material irregularities. V - 3 Special Provisions SP-9: DISQUALIFICATION OF BIDDERS Add the following reason to GP Item 102.12. Disqualification of Bidders- (9) where more than one proposal for an individual firm, partnership, or corporation is filed under the same or different names and where such proposals are not identical in every respect. SP-10: QUALIFICATION TO PERFORM The OWNER may make such investigations as he/she deems necessary to determine the bidder's ability to perform the work, and the bidder shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the evidence submitted fails to satisfy the OWNER that such bidder can properly carry out the obligations of the contract and to complete the work contemplated therein. SP-11: AWARD OF CONTRACT Add the following to GP Item 103.2. Award of Contract and Commencement of Work: The award, if made, shall be on the basis of the lowest acceptable bid submitted by a qualified responsible bidder, as determined by the OWNER, within 60 days after the opening of proposals. In determining the lowest acceptable bid, the OWNER will consider all relative factors such as: efficiency of a single contractor in the project area, increase in public safety due to a single contractor's operations, length of construction, coordination of construction activities, previous experience the OWNER may have had with the bidder, effects on area traffic due to construction detours and efficient use of City funds. The right is reserved, as the interest of the OWNER may require, to reject any and all bids and to waive any formality in bids received. It is the intention of the OWNER to award a single contract for this work. SP-12: BONDS -AMOUNT AND TERMS In addition to GP Item 103.3. Surety Bonds, add the following: With the execution and delivery of the contract, the CONTRACTOR shall furnish and file with the City in the amount herein required, the following surety bonds- (1) A good and sufficient Performance Bond in an amount equal to one hundred percent (100%) of the total awarded contract price, guaranteeing the full and faithful execution of the work and V - 4 Special Provisions performance of the contract and for the protection of the City against any improper execution of the work or the use of inferior materials. (2) A good and sufficient Payment Bond in an amount equal to one hundred percent (100%) of the total awarded contract price, guaranteeing payment for all labor, materials and equipment used in the construction of the project. (3) A good and sufficient Maintenance Bond in an amount equal to twenty percent (20%) of the final contract price, guaranteeing the maintenance in good condition of such project for a period of two (2) years from and after the time of its completion and acceptance by the City. General conditions for bonds are as follows- 1. The surety on each bond must be a responsible surety company which is licensed and qualified to do business in the State of Texas (surplus lines carriers are not acceptable) and satisfactory to the City. No surety will be accepted who is in default or delinquent on any bond or who is interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the CONTRACTOR to the effect, and the CONTRACTOR shall forthwith substitute a new Surety or Sureties satisfactory to the City. (Texas Lloyd's Plan carriers are not acceptable.) No payment will be made under the contract until the new Surety or Sureties, as required, have qualified and have been accepted by the City. The contract shall not be operative nor shall any payments be due until approval of the bonds has been made by the City. 2. The surety company should be listed in the current circular of the "Federal Register - Department of the Treasury - Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies". 3. The surety shall/must have an underwriting limitation (as shown in the Federal Register) to cover 110% of the project cost. Exceptions to a requirement may be made in unusual circumstances, subject to approval by the Office of Risk Management and the City Attorney's Office. 4. All bonds shall be made on forms furnished by the City and shall conform to the requirements as set forth herein. V - 5 Special Provisions 5. Each Bond shall be executed by the CONTRACTOR and the Surety. The name and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his/her usual signature on the line opposite the scroll seal, and if signed in the States of Main, Massachusetts, or New Hampshire, an adhesive seal shall be fixed opposite the signature. 6. If the principals are partners, their individual names will appear in the body of the bond or on proceeding pages to be included with said bond with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. 7. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. 8. The principal or surety shall be a corporate surety; the name of the state in which incorporated shall be inserted in the appropriate place in the body of the bond or on proceeding pages to be included with said bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. 9. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. 10. The date of any bond must not be prior to the date of the contract in connection with which it is given. SP-13: INSURANCE REQUIREMENTS In addition to the provisions of GP Item 103.4. Insurance, add the following: Workmen's Compensation Insurance: Statutory requirements as specified by the Workmen's Compensation Law of the State of Texas and adopted by the Texas Workers' Compensation Commission per Title 28, TAC §110.110. Workers' Compensation Insurance Coverage: A. Definitions: V - 6 Special Provisions (1) Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project for the duration of the project. (2) Building or construction - Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - A Person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage Agreement - A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of the work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project such as V - 7 Special Provisions food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project the CONTRACTOR must prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on the project and provide to the governmental entity- (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The CONTRACTOR shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation V - 8 Special Provisions Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates V - 9 Special Provisions of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the governmental entity that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to declare the contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. In accordance with statutory requirements, the CONTRACTOR shall- (1) provide coverage for its employees providing services on the project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on the project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have V - 10 Special Provisions on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven (7) days after receipt by the contract, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 1 provided by the commission on the sample notice, without any additional words or changes: Figure 1: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee" V - 11 Special Provisions "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." In GP Item 103.4.1.2. Commercial General Liability, change the respective limits as follows: Contractor's General Liability and Property Damage Insurance: Bodily Injury (or Death) $ 600,000 each occurrence Property Damage $ 600,000 each occurrence SP-14: POLICY ENDORSEMENTS AND SPECIAL CONDITIONS In addition to the provisions of GP Item 103.4.5. Policy Endorsements and Special Conditions, add the following: (a) CONTRACTOR will not be issued a Work Order to commence work on this Contract until he/she has obtained all the insurance required under this section and such insurance has been approved by the OWNER or his representative. (b) CONTRACTOR shall procure and shall maintain during the life of this Contract, insurance coverage as herein specified, and in case of any work sublet, shall require any subcontractor in like manner to secure and maintain such minimum limits of insurance coverage, also. (c) The CONTRACTOR shall furnish the OWNER with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered except after thirty (30) days written notice has been received by the OWNER." SP-15: ORDER OF WORK Add the following to GP Item 103.6. Notice to Proceed and Commencement of Work: The CONTRACTOR shall be fully responsible for proper coordination for the relocation of utilities (i.e. power poles, electrical lines, gas lines, telephone V - 12 Special Provisions lines, television (TV) cable lines, buried cables, etc.) public and private unless otherwise noted on the plans/drawings. SP-16: PRIORITY OF CONTRACT DOCUMENTS Delete GP Item 105.1.1. Priority of Contract Documents and substitute the following: In case of conflict between contract documents, priority of interpretation shall be in the following order- (1) This Agreement (2) Addendum(s) (3) "Notice to Bidders" advertisement (4) Bidder's Proposal (5) Special Instruction to Bidders (6) Performance, Payment and Maintenance Bonds (7) Certification of Insurance (8) Notice to Proceed (9) Technical Specifications (10) City of North Richland Hills' Public Works Design Manual (11) Special Provisions (12) General Provisions (13) Special Specifications (14) Project Construction Plans/Drawings (15) Special Material and/or Equipment Specifications (16) Special Material and/or Equipment Drawings (17) "Public Works Construction Standards - North Central Texas" adopted by the North Central Texas Council of Governments (NCTCOG), Fifth Edition, Adopted November 2017 (18) TxDOT Standard Specifications for Construction and Maintenance of Highways, Street, and Bridges (TxDOT Specifications) (19) North Central Texas Council of Government references SP-17: WARRANTY In GP Item 105.2.2. Special Warranty, change all references from one year to two (2) years and add the following: Notwithstanding any certificate which may have been given by the Engineer, if any materials, equipment or any workmanship which does not comply with the requirements of this contract shall be discovered within two (2) years after completion of construction of the project, and acceptance by the OWNER, the CONTRACTOR shall replace such defective materials or equipment, or remedy any such defective workmanship within ten (10) days after notice in V - 13 Special Provisions writing of the existence thereof shall have been given by the OWNER or City Engineer. In the event of failure of the CONTRACTOR to replace any such defective materials or equipment or to remedy defective workmanship as herein provided, the OWNER may replace such defective materials or equipment or remedy such workmanship as the case may be and in such event the CONTRACTOR shall pay to the OWNER the cost and expense thereof. SP-18: LINES AND GRADES Add the following to GP Item 105.4. Construction Stakes: The CONTRACTOR is responsible to provide all construction staking under this contract. All work under this contract shall be constructed in accordance with the lines and grades shown on the plans/drawings. The full responsibility for the holding to alignment and grade shall rest upon the CONTRACTOR. The CONTRACTOR shall protect all property corner markers, and when any such markers or monuments are in danger of being disturbed, they shall be properly referenced and if disturbed shall be reset at the expense of the CONTRACTOR. SP-19: INSPECTION AND TESTING Add the following to GP Item 106.5. Samples and Tests of Materials: 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 City Engineer, and permitted with the City of North Richland Hills' Public Works Department. When the CONTRACTOR's materials, construction items or products incorporated in the project fail to satisfy the minimum requirements of the V - 14 Special Provisions initial test and he/she has to bear the cost of any retesting, he/she shall be responsible for any and all cost associated with such retesting. If in this situation, the CONTRACTOR utilizes the same testing laboratory as the OWNER, the CONTRACTOR shall pay said testing laboratory in full or the testing laboratory shall be able to gain recourse through the CONTRACTOR's Payment Bond. In the event a conflict arises concerning the interpretation of A.S.T.M., A.C.I., A.W.W.A., etc., specifications/standards, the City Engineer shall make his/her determination of the interpretation and his/her determination shall be final. SP-20: INDEMNIFICATION The CONTRACTOR shall familiarize himself/herself with GP Item 107.3. Indemnification and GP Item 107.20.3.2. Indemnification. Additionally, the following shall be added to both Indemnification items: This agreement, however, does not waive any governmental immunity available to the OWNER under Texas law and nor any defenses of the parties under Texas law. The provisions of this paragraph 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. SP-21: SALES TAX Add the following to GP Item 107.15. State and Local Sales and Use Taxes: The OWNER qualifies for exemption from state and local sales and use taxes, pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act, as amended. Therefore, the OWNER shall not be liable for, or pay the CONTRACTOR's cost of such sales and use taxes which would otherwise be payable in connection with the performance of this contract. SP-22: TRAFFIC CONTROL Add the following to GP Item 107.20.2. Protection of Persons and Property: The CONTRACTOR shall not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the CONTRACTOR shall contact the City to remove the sign. In the case of regulatory signs, the CONTRACTOR must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the V - 15 Special Provisions permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the CONTRACTOR shall again contact the City to reinstall the permanent sign and shall leave his temporary sign in place until such installation is completed. 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. Access to adjacent property shall be maintained at all times unless otherwise approved by the OWNER. SP-23: TRENCH SAFETY Add the following paragraph to GP Item 107.20.3. Trench Safety: Per Chapter 756, Texas Health & Safety Code, it shall be the responsibility of the CONTRACTOR to provide and maintain a viable trench safety system at all times during construction activities. The CONTRACTOR is directed to become knowledgeable and familiar with the standards as set forth by the Occupational Safety and Heath Administration for trench safety that will be in effect during the period of construction of the project and the CONTRACTOR is responsible for conforming to such regulations as prescribed by Occupational Safety and Health Administration standards. SP-24: WORK-SITE AREA AND CLEAN-UP Add the following to GP Item 107.22. Working Area: During construction the CONTRACTOR shall at all times keep the job site free from waste, debris and rubbish, and shall maintain a daily routine of clean-up. The working operations of the CONTRACTOR shall at all times be conducted so as to create a minimum of inconvenience to the OWNER or to the public. Stringing of pipe, stockpiling of materials, etc., will be allowed only where no inconvenience is caused and only in amounts that can be readily used by the CONTRACTOR. All trees, stumps, slashings, brush or other debris to be removed from the site, shall be disposed of in a manner consistent with Local Ordinances and V - 16 Special Provisions all State Regulations. Burning of trash, etc., will only be permitted where allowed by Local Ordinances and State Pollution Regulations. All excavated earth in excess of that required for project embankments and/or backfilling shall be removed from the job site and disposed of in a satisfactory manner. Disposal of excess material into area creeks and drainageways will not be allowed. Any trees or other landscape features scarred or damaged by the CONTRACTOR's operations shall be restored or replaced at the CONTRACTOR's expense. Trimming or pruning to facilitate the work will be permitted only by experienced workmen in an approved manner. Pruned limbs of one inch (1") diameter or larger, shall be thoroughly treated as soon as possible with a tree wound dressing. The CONTRACTOR shall take all precautions required to prevent soil erosion during construction. If, in the opinion of the City Engineer, excessive erosion occurs, the CONTRACTOR shall take immediate measure to prevent further erosion and restore the disturbed surface with topsoil at completion of the work. All property along and adjacent to the CONTRACTOR's operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion of the work, to a condition equal to or better than existed prior to start of work. Upon completion of the work as a whole and prior to final acceptance, the CONTRACTOR shall clean and remove from the site all surplus and discarded materials, temporary structures and all debris. He/She shall leave the site in a neat and orderly condition with an appearance satisfactory to the City Engineer and OWNER. Method and location of disposal or surplus and waste materials shall be satisfactory to the City Engineer. The CONTRACTOR shall then thoroughly clean all equipment and materials installed by him/her and shall present for final inspection materials and equipment in a clean, bright and new condition. No extra payment will be made for any of this type of work required on the project. SP-25: EXISTING STRUCTURES, FACILITIES AND IMPROVEMENTS Add the following to GP Item 107.24. Existing Structures, Facilities and Appurtenances: V - 17 Special Provisions The CONTRACTOR's attention is directed to the necessity of taking adequate measures to protect all existing structures, facilities, improvements and utilities, including sprinkler systems, encountered. The plans show the locations of most known surface and subsurface structures. However, the OWNER assumes no responsibility for failure to show any or all of these structures on the plans or in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work, or for increasing the pay quantities in any manner, unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades, or requires the building of special works not provided for in the Contract Documents. Any non-City utilities (cable, electric, gas, telephone, etc.) damaged by the CONTRACTOR shall be the responsibility of the CONTRACTOR for relocation and/or repair as well as the costs associated with the relocation and/or repair of utilities. Any City utilities (sanitary sewer main and water distribution main) damaged by the non-negligent acts of the CONTRACTOR will not be the responsibility of the CONTRACTOR for repair. Any delays associated with the relocation and/or repair of utilities shall not be basis for a claim for extra pay. In the progress of the work, the CONTRACTOR may have to relocate certain existing utility service lines. All relocation, repairs and replacement work shall be done at the expense of the CONTRACTOR to the satisfaction of the OWNER, except those for which specific pay items appear in the Bid Proposal. Any utilities damaged during construction work shall be immediately repaired at the CONTRACTOR's expense. The CONTRACTOR shall at all times maintain streets and drives in a condition which will provide easy ingress and egress and upon completion of the work, repair all damages to roads and streets used during construction, to a condition at least as good as existed prior to the start of work. SP-26: PROSECUTION OF CONSTRUCTION Add the following to GP Item 108.2. Prosecution of the Work: The CONTRACTOR will, unless otherwise approved by the City Engineer, prosecute the construction of this project during normal working hours as defined below: V - 18 Special Provisions (a) Normal Work Day shall mean the normal eight (8) hour working day between the hours of 8:OOam and 5:OOpm (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 Martin Luther King 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 Any of the above dates falling on a Sunday shall be observed on the following Monday. (d) All work contemplated to be done which will not be in accordance with the normal hours will require prior approval from the City Engineer. The CONTRACTOR shall request permission by the City Engineer 72 hours in advance of the time he/she intends to work. Work which is of necessity performed at times other than normal working hours will not require prior approval unless construction scheduling can be arranged to prevent such conflict of time requirements. All work performed other than the normal working hours, whether scheduled or required, will in no way increase the cost to the OWNER for the performance of such work. The CONTRACTOR shall pay the OWNER for inspection services, city administrative fees, etc. when work has been approved to be performed on Weekends, Holidays and outside any normal working hours. These services shall be charged at the rate of $75.00 per hour and shall include a four (4) hour minimum charge. (e) Calendar Days is defined as any day of the week or month; no days being excepted, such as, Saturdays, Sundays, holidays and inclement weather days. Counting of contract time will only be stopped when the Owner issues a written notice stating this fact, or when the project is V - 19 Special Provisions noted as substantially complete by written notice from the Owner. The Owner shall determine when such action is necessary. Extensions of time due to weather delays shall be determined in accordance with the following formula: E = R — P where P is greater than or equal to R, and E = Extra Precipitation Days P = Average Precipitation Days R = Total Precipitation Days Average Precipitation Days (P) is defined as a day of rain, sleet, hail, snow or any combination thereof, and shall be based upon the average precipitation for each month of the year as defined in the Local Climatological Data summaries issued by the National Climatic Data Center in Asheville, North Carolina, and for this contract shall be as follows: Average Precipitation Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. No. of Days 6 6 7 7 8 6 4 4 6 6 6 6 Partial months shall be prorated uniformly for the entire month and the sum of all the months used will be rounded to the nearest whole number. This number shall be P. Total Precipitation Days (R) is defined as a day of rain, sleet, hail, snow or any combination thereof, if determined by the Owner's Project Representative that the Contractor's construction cannot progress substantially due to precipitation and thus be put in the Daily Inspection Logs as a precipitation day. The sum of all precipitation says shall be R. The total number of Extra Precipitation Days (E) shall be granted to the Contractor as extension of time due to weather delays, and no additional time due to drying time for saturated soil will be allowed. SP-27: LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME Delete the Table [Schedule 108.8.1.(a) Liquidated Damages] within GP Item 108.8.1. Liquidated Damages for Failure to Complete on Time and substitute the following: V - 20 Special Provisions The contract time for the entire project is based on three project phases. The contract time for Phase I from the "Notice to Proceed" issuance date through completion of Phase 1 (Segment 1) is 150 consecutive calendar days. The contract time for Phase 2 (Segment 3) from the end of Phase 1 (Segment 1) through final completion of Phase 2 (Segment 3) is 120 consecutive calendar days. If any alt bids are awarded, the contract time for Phase 3 (Segment 2) from the end of Phase 2 (Segment 3) through final completion of Phase 3 (Segment 2) is 60 consecutive calendar days. For additional information, refer to Article 3 of the Standard Form of Construction Agreement. Liquidated damages will be assessed at the rate of 600 per consecutive calendar day for any unfinished work beyond the 270t" calendar day for the base bid and 330t" calendar day with alternate bids after the "Phase I Notice to Proceed" issuance date. This rate shall continue until such time that the Project is complete and accepted by the OWNER. SP-28: OCCUPATIONAL SAFETY AND HEALTH ACT All work performed under this contract shall meet the requirements of the Occupational Safety and Health Act. It is the responsibility of the CONTRACTOR to familiarize himself/herself with the latest provisions of regulations published by the Occupational Safety and Health Administration in the Federal Register and to perform all of his/her responsibilities thereunder. The CONTRACTOR shall comply with the provisions of the Occupational Safety and Health Act and the standards and regulations issued thereunder and warrant that all work, materials and products furnished under this contract will conform to and comply with said standards and regulations which are in existence on the date of this contract. The CONTRACTOR further agrees to indemnify, defend, and hold harmless the OWNER for all damages suffered by the OWNER as a result of the CONTRACTOR's failure to comply with the Act and the Standards issued thereunder and for the failure of any material and/or equipment furnished under this contract to so comply. The CONTRACTOR shall also comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., if not in conflict with those of the Occupational Safety and Health Act and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment or work under the contract. V - 21 Special Provisions The CONTRACTOR alone shall be responsible for the safety, efficiency and adequacy of his/her equipment and employees and for any damage which may result from their failure or their improper construction, maintenance or operation. SP-29: EASEMENTS/RIGHTS-OF-WAY Without cost to the CONTRACTOR, the OWNER will provide the necessary easements or rights-of-way required for the project. However, the CONTRACTOR may desire additional temporary easements for the duration of the work for his/her construction, storage or access. All such temporary easements shall be obtained by the CONTRACTOR at no additional cost to the contract or the OWNER. Unless specifically provided otherwise, the CONTRACTOR, as part of his/her work, shall clear all easements or rights-of-way of all obstructions to the work. On conclusion of his/her operations, he/she shall replace, repair or restore any improvements which may have been removed or damaged, as directed by the City Engineer. SP-30: RIGHT OF ENTRY The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he/she may elect, for the purpose of inspecting the work, or for the purchase of constructing or installing such collateral work as said OWNER may desire. SP-31: AUTHORITY AND DUTIES OF INSPECTOR Inspectors, designated by and acting under the direction of the OWNER, shall have the authority to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. He/She is authorized to call to the attention of the CONTRACTOR any failure of the work or materials to conform to the plans, specifications and contract documents. He/She shall have the authority to reject materials or suspend the work until any situation at issue can be referred to and decided by the OWNER. The Inspector is not authorized to revoke, alter or waive any requirements of the plans and specifications. He/She shall in no case act as foreman or perform other duties for the CONTRACTOR, interfere with the management of the work by the latter. Any advice which the Inspector may give the CONTRACTOR shall otherwise not be construed as binding the City Engineer in any way, or releasing the CONTRACTOR from fulfilling all of the terms of the Contract. V - 22 Special Provisions If the CONTRACTOR refuses to suspend operations on verbal order of the Inspector, a written order will be presented to the CONTRACTOR by the Inspector giving the reason for suspension of work. After placing the order in the hand of the "man-in-charge", the Inspector shall immediately leave the job. Work performed during the absence of the Inspector will not be accepted nor paid for, and shall be removed and replaced. Notwithstanding any other provision of this agreement or any other Contract Documents, the Inspector shall not be in any way responsible or liable for any act, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. SP-32: OWNER-ENGINEER RELATIONSHIP The Engineer will be the OWNER's representative during construction. The duties, responsibilities and limitations of authority of the Engineer 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 and Engineer. The Engineer will advise and consult with the OWNER, and all of OWNER's instructions to the CONTRACTOR shall be issued through the Engineer. SP-33: PROFESSIONAL INSPECTION BY ENGINEER The Engineer shall make periodic visits to the Site to familiarize himself/herself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Documents, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. SP-34: COPIES OF PLANS AND SPECIFICATIONS FURNISHED V - 23 Special Provisions Four (4) sets of plans and specifications (not including the General Provisions) shall be furnished to the CONTRACTOR at no charge for construction purposes. Additional sets may be obtained from the Engineer at $ 50.00 per set. SP-35: VERIFICATION OF MEASUREMENTS Before ordering any material or doing any work, the CONTRACTOR shall verify all measurements involved and shall be responsible for the correctness of these measurements. No extra charge or compensation will be allowed because of differences between actual dimensions and the dimensions shown on the drawings; any difference which may be found shall be called to the attention of the Engineer for consideration before proceeding with the work. SP-36: PAY ITEMS - INCIDENTAL CONSTRUCTION The CONTRACTOR shall be paid only for those items which are listed in the proposal or which are added to the job through a change order. All construction or removal considerations which are not listed as a separate pay item shall be considered as incidental construction. Cost for these items shall be considered in the most appropriate item listed in the schedule(s) of pay items. SP-37: OMISSIONS (a) In the event that the specifications inadvertently omit some of the usual and customary work, auxiliary equipment or material required for the satisfactory installation and operation of all work, equipment or material, the CONTRACTOR shall provide these items as directed by the Engineer at his/her own expense. The CONTRACTOR will be assumed to be an experienced and qualified CONTRACTOR in this type of work, and to have studied the purpose of operation of the equipment and the results to be obtained, and is to furnish equipment suitable for the work to be done. (b) In the event that the specifications inadvertently fail to contain a specification for work to be done and material to be furnished, then the Standard Current Specification or Requirements of the A.W.W.A., A.S.T.M., A.S.C.E., A.S.E.E., A.S.M.E., N.B.F.U., N.E.C., N.E.M.A., O.S.H.A., NCTCOG "Standard Specifications for Public Works Construction" or TxDOT "Standard Specifications for Construction of Highways, Streets and Bridges" shall apply. Should the above specifications not apply, then the work done, equipment or material furnished shall be as directed by the Engineer. SP-38: MINIMUM WAGE RATES V - 24 Special Provisions For the work required of this project, the CONTRACTOR and all sub-contractors shall pay his/her employees the prevailing wage rates in accordance with the Texas Government Code, Chapter 2258. The prevailing wage rates determined applicable for this project are the current prevailing wage rate schedules of the United States Department of Labor adopted in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a, et. seq.) and its subsequent amendments. These prevailing wage rates can be obtained from the following web page- www.access.gpo.gov/davisbacon/tx.htmi (Tarrant County). A CONTRACTOR or sub-contractor who does not pay his/her employees in accordance with these prevailing wages shall pay $ 60.00 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in these prevailing wage rates to the CITY. SP-39: 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, or from the action of the elements, or from any unforeseen circumstance in the prosecution of same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his/her own cost and expense. SP-40: EXPLOSIVES, BLASTING, ETC. Neither explosives nor blasting shall be allowed or used on this project. SP-41: WORK WITH OWN FORCES The CONTRACTOR shall perform with his own forces work of a value of not less than fifty percent (50%) of the contract amount. SP-42: PROJECT NAME CONSTRUCTION SIGNS The CONTRACTOR shall install four (4) Project Name Construction Signs on Lariat Trail. One sign shall be at or near the intersection of Meadow Lakes Drive and Lariat Trail, one sign shall be at or near the intersection of Riviera Drive and Lariat Trail, one sign shall be at or near the intersection of Tabor Street and Lariat Trail, and one sign shall be at or near the intersection of Circleview Drive and Lariat Trail. The exact locations shall be approved by the OWNER prior to installation. These signs shall be in general accordance with Figure 2M (R 07-01-2009) of the City of North Richland Hills' Public Works Design Manual, but the sign verbiage must be approved by the OWNER prior to fabrication. These signs shall be V - 25 Special Provisions installed within 15 calendar days from the date the OWNER awards the contract and shall remain in place during the entire construction period. These Signs shall be removed within 15 calendar days after the OWNER's acceptance of the project improvements. Sign Data: Project Name: Lariat Trail Projected Completion: To Be Determined After Contract Award SP-43: 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 orjetting. 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. SP-44: OWNER'S RIGHT TO SUSPEND WORK AND ANNUL CONTRACT Delete GP Item 108.9.(2) and replace it with the following- (2) failure of the CONTRACTOR to make the progress set out in the Progress Schedule; SP-45: OWNERSHIP OF DRAWINGS All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. SP-46: ADEQUACY OF DESIGN It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that the Engineer shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of V - 26 Special Provisions the structure and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he/she has complied with the requirements of the Contract Documents, approved modifications thereof and all approved additions and alternations thereto. V - 27 Special Provisions SECTION VI GEOTECHNICAL REPORT STANDARD FORM OF CONSTRUCTION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into this the 9th day of October, 2023, by and between the CITY OF NORTH RICHLAND HILLLS, a municipal corporation, of the County of Tarrant and State of Texas, hereinafter called "OWNER" and of the City of Burleson, County of Johnson and State of Texas hereinafter called "CONTRACTOR." OWNER and CONTRACTOR in consideration of the mutual covenants contained in this Agreement, agree as follows: ARTICLE 1. WORK. CONTRACTOR covenants and agrees to perform the Work in every detail, in a good and first-class workmanlike manner as specified and indicated in the Contract Documents, of which are incorporated in this Agreement in their entirety as if they were herein set out at length written word for word. The CONTRACTOR shall furnish all labor, materials, tools and equipment required to perform and complete the Work in strict accordance with these Contract Documents. The Work is described as follows: LARIAT TRAIL PROJECT ARTICLE 2. CONTRACT PRICE. OWNER agrees to pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, the price or prices shown in the bidder's proposal, which total the following amount: TWO MILLION SIX HUNDRED EIGHTY-THREE THOUSAND SIX HUNDRED THIRTY-TWO DOLLARS AND ZERO CENTS ($ 2,683,632.00) ("Contract Price"). ARTICLE 3. CONTRACT TIME / TERMINATION / LIQUIDATED DAMAGES. Unless otherwise stated in this agreement, time shall be considered of the essence. III - 1 Construction Agreement a. When time is of the essence, the CONTRACTOR shall be liable for failure to deliver or delay in delivery occasioned by and including without limitation strikes, lock-outs, inability of obtaining material or shopping space, breakdowns, delays of carriers or suppliers, and preexisting governmental acts and regulations of the Federal and State governments or any subdivision thereof, unless such governmental acts and regulations affecting delivery could not be found, recognized, or discovered by due diligence on the part of the CONTRACTOR prior to submission of his/her and City Council's acceptance thereof. b. When time is not of the essence, this agreement shall be inoperative during such period of time that aforesaid delivery or acceptance may be rendered impossible by reason of fire, strike, Acts of God, or government regulation. Provided, however, to the extent that the CONTRACTOR has any commercially reasonable alternative method of performing this contract by purchase on the market or otherwise, he/she shall not be freed of his/her obligation hereunder by this clause, even though the goods intended for this contract were destroyed or their delivery delayed because of any event described above. c. As time is of the essence on this contract, CONTRACTOR agrees to commence work under this contract within ten (10) days from the date specified in the "Notice to Proceed" and complete each phase of construction within the durations specified in the following table. The durations specified are consecutive calendar days and are subject to such extensions of time as are indicated in the Special Provisions. Each subsequent phase after Phase 1 (Phase 2 and/or 3) shall start immediately following the previous phase. There shall be no stopping of work or delay of work between phases. Contractor can coordinate with the City of North Richland Hills on a schedule to work on multiple phases concurrently. III - 2 Construction Agreement Duration Anticipated Start (Calendar Days) Timeframe Phase 1 (Segment 1) (Concrete paving, sidewalks, Within 10 days from date water, and sanitary sewer 150 Days on "Notice to Proceed" between Meadow Lakes Drive and Riviera Drive) Phase 2 (Segment 3) (Concrete paving, sidewalks, Immediately after Phase 1 water, and sanitary sewer 120 Days is complete or coordinated between Circleview Drive and with City the End of Lariat Trail) Phase 3 (Segment 2)** Immediately after Phase 2 (Mill& overlay and sidewalks 60 Days is complete or coordinated Side between Riviera Drive with City and Circleview Drive) Final Acceptance Base Bid within 270 days (330 with Alternate Bids) from date on "Notice to Proceed" **- If Alternate Bid(s) are awarded with Base Bid. Any modifications to the durations provided for each phase of construction must be agreed upon in writing by the CONTRACTOR and the OWNER. Additionally, CONTRACTOR agrees to totally complete Base Bid work within 270 consecutive calendar days (330 days with Alternate Bids) after the date specified in the "Notice to Proceed," subject to such extensions of time as are indicated in the Special Provisions. D. Milestones included in this contract are as follows: 1) Completion of Phase 1 (Segment 1) provided in the Construction Drawings within 150 calendar days and starting within 10 days from the date on the "Notice to Proceed" (subject to such extensions of time as are indicated in the Special Provisions). For purposes of this section, to be considered completed, all construction activities included in the Sequence of Construction provided in the Construction Drawings must: a. be in place; b. be functional; c. all permanent water and sewer connections and appurtenances shall be operational as determined by the OWNER; d. all storm drain pipes, inlets, and structures within Phase 1 (Segment 1) must be completed and operational as determined by the OWNER; e. all driveways, sidewalks and ramps within Phase 1 (Segment 1) must be completed and operational as determined by the OWNER; f. all proposed pavement within Phase 1 (Segment 1) shall be paved and traversable, AND; g. all erosion control devices shall be inspected, repaired, and/or modified as needed. III - 3 Construction Agreement In the event that this milestone is not met, OWNER shall have the right to terminate the contract upon thirty (30) days' written notice to CONTRACTOR, if CONTRACTOR does not complete all items within the limits of Phase 1 (Segment 1) to the OWNER's satisfaction. 2) Completion of Phase 2 (Segment 3) provided in the Construction Drawings within 120 calendar days starting from the completion of Traffic Control Phase 1 (Segment 1) (subject to such extensions of time as are indicated in the Special Provisions). a. be in place; b. be functional; c. all permanent water and sewer connections and appurtenances shall be operational as determined by the OWNER; d. all driveways, sidewalks and ramps within Phase 2 (Segment 3) must be completed and operational as determined by the OWNER; e. all proposed pavement within Phase 2 (Segment 3) shall be paved and traversable, AND; f. all erosion control devices shall be inspected, repaired, and/or modified as needed. In the event that this milestone is not met, OWNER shall have the right to terminate the contract upon thirty (30) days' written notice to CONTRACTOR, if CONTRACTOR does not complete all items within the limits of Phase 2 (Segment 3) to the OWNER's satisfaction. 3) Completion of Phase 3 (Segment 2) provided in the Construction Drawings within 60 calendar days starting from the completion of Traffic Control Phase 2 (Segment 3) (subject to such extensions of time as are indicated in the Special Provisions). a. be in place; b. be functional; c. all permanent water and sewer connections and appurtenances shall be operational as determined by the OWNER; d. all sidewalks and ramps within Phase 3 (Segment 2) must be completed and operational as determined by the OWNER; e. all proposed pavement within Phase 3 (Segment 2) shall be paved and traversable, AND; f. all erosion control devices shall be inspected, repaired, and/or modified as needed. In the event that this milestone is not met, OWNER shall have the right to terminate the contract upon thirty (30) days' written notice to CONTRACTOR, if CONTRACTOR does not complete all items within the limits of Segment 2 to the OWNER's satisfaction. Calendar Days is defined as any day of the week or month; no days being excepted, such as, Saturdays, Sundays, holidays and inclement weather days. III - 4 Construction Agreement Counting of contract time will only be stopped when the Owner issues a written notice stating this fact, or when the project is noted as substantially complete by written notice from the Owner. OWNER shall determine when such action is necessary. Extensions of time due to weather delays shall be determined in accordance with the following formula: E = R- P where R is greater than or equal to P, and E = Extra Precipitation Days P = Average Precipitation Days R = Total Precipitation Days Average Precipitation Days (P) is defined as a day of rain, sleet, hail, snow or any combination thereof, and shall be based upon the average precipitation for each month of the year as defined in the Local Climatological Data summaries issued by the National Climatic Data Center in Asheville, North Carolina, and for this contract shall be as follows: Average Precipitation Month Jan Feb Mar Apr May June Number of Days 6 6 7 7 8 6 Month July Aug Sept Oct Nov Dec Number of Days 4 4 6 6 6 6 Partial months shall be prorated uniformly for the entire month and the sum of all the months used will be rounded to the nearest whole number. This number shall be P. Total Precipitation Days (R) is defined as a day of rain, sleet, hail, snow or any combination thereof, if determined by the Owner's Project Representative that the Contrac'or's construction cannot progress substantially due to precipitation and thus be put in the Daily Inspection Logs as a precipitation day. The sum of all precipitation says shall be R. The total number of Extra Precipitation Days (E) shall be granted to the Contractor as extension of time due to weather delays, and no additional time due to drying time for saturated soil will be allowed. This contract time is both multi-tiered and cumulative. III - 5 Construction Agreement e. Liquidated Damages. The CONTRACTOR further agrees to pay the following as liquidated damages- (1) $600 per Calendar Day for any unfinished work beyond Base Bid of 270 consecutive calendar days (330 calendar days with Bid Alternates) after the "Notice to Proceed" issuance date. This rate shall continue until such time that the Project is complete and accepted by the OWNER. (2) It is understood between the parties hereto that these sums shall be treated as liquidated damages and not as a penalty, and the OWNER may withhold from the CONTRACTOR's compensation such sums as liquidated damages. The parties consider the CONTRACTOR's failure to complete performance of the entire contract of Base Bid within the 270t" calendar day (330t" calendar day with Bid Alternates) after the "Phase I Notice to Proceed" date a substantial breach of this agreement, and the amount of liquidated damages set forth herein is a reasonable and fair estimate of just compensation for CONTRACTOR's failure to timely perform the contract. If there is any conflict between any provision of this Article 3, and any other Provision in this agreement, or in any attachment hereto or any other Contract Document, this Article 3 shall control. ARTICLE 4. PARTIAL PAYMENT. OWNER shall make payments to the CONTRACTOR in the following manner. On or about the first of each month, the OWNER, or the OWNER's Authorized Representative, will make accurate estimates of the value, based on contract prices, of the work done and materials incorporated in the work and of materials suitably stored at the site during the preceding calendar month. The CONTRACTOR shall furnish to the OWNER, or the OWNER's Representative, such detailed information as the OWNER may request to aid OWNER as a guide in the preparation of the monthly estimate. 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 contracts less than four hundred thousand dollars ($400,000). Five percent(5%)of each estimate shall be retained by the OWNER until final completion and acceptance of all work covered by the Contract for contracts greater than four hundred thousand dollars ($ 400,000). 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. III - 6 Construction Agreement 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. ARTICLE 5. DISCRIMINATION. The CONTRACTOR agrees, in connection with the performance of work under this contract as follows: a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin or ancestry. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. b. The CONTRACTOR agrees to include this non-discrimination clause in any subcontracts connected with the performance of this agreement. c. In the event of the CONTRACTOR's non-compliance with the above non- discrimination clause, the contract may be canceled or terminated by the OWNER. The CONTRACTOR may be declared by the OWNER to be ineligible for future contracts with the OWNER, until satisfactory proof of intent to comply shall be made by the CONTRACTOR. d. The OWNER shall be provided a list of subcontractors who are to be paid $10,000 or more. The CONTRACTOR must ensure that such subcontractors meet the requirements as outlined in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq), execute required assurances and provide the OWNER a copy of the signed assurance of all such subcontractors prior to final payment. In the event of a claim of $10,000 or more against the CONTRACTOR by a subcontractor under this section, no further payment shall be processed unless and until each required subcontractor assurance is provided the OWNER. ARTICLE 6. ENTIRE CONTRACT. This Contract and Agreement contains the entire understanding and agreement of the parties upon the subject matter hereof. There is no agreement, oral or otherwise, which is not set forth in writing as part of this Agreement or the Contract Documents. III - 7 Construction Agreement ARTICLE 7. MODIFICATION. This contract cannot be modified except by a writing signed by both parties. ARTICLE 8. VARIABLES IN COST. The parties hereto assume and understand that the variables in the CONTRACTOR's cost of performance may fluctuate; consequently, the parties hereto agree that any fluctuations in the CONTRACTOR's costs will in no way alter the CONTRACTOR's obligations under this contract nor excuse nonperformance or delay on his/her part. ARTICLE 10. VENUE. This contract shall be governed by the laws of the State of Texas. Venue for any court proceedings shall be in Tarrant County, Texas. ARTICLE 11. CONTRACT DOCUMENTS. Documents Listed. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR for the performance of and payment for the Work, consist of the following- (1) This Agreement (2) Addendum(s) (3) "Notice to Bidders" advertisement (4) Bidder's Proposal (5) Special Instruction to Bidders (6) Performance, Payment and Maintenance Bonds (7) Certification of Insurance (8) Notice to Proceed (9) Technical Specifications (10) City of North Richland Hills' Public Works Design Manual (11) Special Provisions (12) General Provisions (13) Project Construction Plans/Drawings (14) Special Material and/or Equipment Specifications (15) Special Material and/or Equipment Drawings (16) "Public Works Construction Standards - North Central Texas" adopted by the North Central Texas Council of Governments (NCTCOG), Fifth Edition, Adopted November 2017 (17) TxDOT Standard Specifications for Construction and Maintenance of Highways, Street, and Bridges (TxDOT Specifications) (18) North Central Texas Council of Government references III - 8 Construction Agreement ARTICLE 11. DEFAULT 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. ARTICLE 12. 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. IN TESTIMONY WHEREOF, the CITY OF NORTH RICHLAND HILLS has caused this instrument to be signed in its corporate name, and on its behalf by the Mayor or City Manager, duly authorized to execute this instrument by action of the City Council and a corporation, partnership, individual (Name of Contractor) ("X"out the inappropriate wording) acting by and through its duly authorized officials, thereby binding themselves for the faithful and full performance of the terms and provisions of this Agreement. CITY OF NORTH RICHLAND HILLS: CONTRACTOR: By: By: Mark Hindman Name: City Manager Title: Date: Date: ATTEST: ATTEST: By: By: Alicia Richardson Name: City Secretary Title: APPROVED TO FORM AND LEGALITY: By: Maleshia B. McGinnis, City Attorney III - 9 Construction Agreement BID TABULATION ......... .. ;E I Is!EWE ia"�.t z too! OEM�Nffi *vJ m 'too Wa: SO. i N MIN mm q5 N WIT 11 1 wmw��- M BID TABULATION .......... . N SH N, EE �ftHE� K-6 K I EE, E 1��E ii EE', Nff,4.4E, 4i ERE 4R RMH� 4�RE w M EE fl V MHE �RHE .... ...... EE M�E HE EE HE E AHE WEHE IREHE Ei "I'M lift OR M EE EE EdEE 'HE EE EE �IHE................ 'HE m EE 4H EE MEEEE H�HE lilft ...... HE MEHE NVIR p HHE R M HE MHE MHE ME EE REHE &,BE U�E EEO EM 2 ffiE�E -AEE EE j��E =UHL �iji�E 1.1HE RM HEEdEE =EdEE HEEdEE =HE HE IvEdEE HHEE HIM dEEEHE EE MEE1. "ERE EE i 'EREEE A IN HE =m WHE MR MR AIRE HE EVE I PH EM I Ift 'HE 'HE 'HE HE 1�ff "I IMP im� M HE HE HE tEHE 4MM M M HzM VER HHE e�i 9 M %H 'HE EE H EE ftE KNEE �Irm m 4H 4— ME M ......... ......... BASE BID(SECTIONS I THROUGH VII) BASE BID Alt#1 BASE BID-Alt#1 Alt#i BASE BID Alt#1 Alt#2-Alt 0. BASE BID Alt#1 Alt#2-Alt M BASE BID-Alt#2 BASE BID Alt#2 Alt 0. BASE BID Alt#2 Alt#3b BASE BID Alt 0. _ 7- BASE BID Alt#3b, 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. 2023-1075604 McClendon Construction Company, Inc Burleson, 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 09/25/2023 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. RFB 23-025 Lariat Trail Paving,Water, and Sanitary Sewer Rehabilitation 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 Dan McClendon and my date of birth is My address is PO Box 999 Burleson TX 76097 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Johnson County, State of Texas on the 25th day of September 20 23 'y ---ith) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.99923476 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Approve Resolution No. 2023-077, Establishing a Neighborhood Empowerment Zone (NEZ) Basic Incentives Policy PRESENTER: Paulette Hartman, Deputy City Manager SUMMARY: City Council identified the need to address aging commercial corridors in certain parts of the community. Higher levels of vacancy and code violations when combined with deteriorating property conditions and values have made it necessary to consider various activities to spur revitalization and reinvestment. Chapter 378 of the Texas Local Government Code allows a municipality to create a Neighborhood Empowerment Zone (NEZ) when a "...municipality determines that the creation of the zone would promote an increase in economic development within the zone." A Neighborhood Empowerment Zone (NEZ) Basic Incentives Policy is provided for Council consideration that provides the framework for a program that not only addresses aging commercial corridors but provides long-term financial benefits to the City. GENERAL DESCRIPTION: Due to physical deterioration and poor lot layout, certain commercial areas in the community are unable to attract quality businesses and levels of investment to meet community expectations without the City's participation. The opportunity exists to consider reducing procedural, financial and physical barriers to stimulate quality business development and investment. Attached is a policy that outlines the framework for a Neighborhood Empowerment Zone program that includes eligibility criteria, applicant procedures, design guidelines and project benefits that can be applied toward a designated zone. Benefits considered within the policy include: • Expedited review of plans, permitting and inspections; • Discounts or waivers of City fees, including plan review, inspections, permits, etc.; IrLp NOKTH KICHLAN HILLS • Customized grants to assist with property improvements; • Consideration of code variances due to building and site constraints In addition to establishing the Neighborhood Empowerment Zone, the resolution authorizes economic development agreements for grants up to $50,000 toward eligible improvements on certified projects. Such grants will be conditioned upon project certification by the Development Review Committee and authorization by the City Manager. Certified projects meet all the terms and conditions of the Neighborhood Empowerment Zone (NEZ) Basic Incentives Policy and provide evidence of: • Private investment of at least 25% of the improved or total market property value as appraised by the Tarrant Appraisal District; • Advancement of high-quality development or redevelopment opportunities that supports the establishment of a viable commercial corridor; • Effective utilization of incentives to leverage the involvement of private investment; • Existence of a barrier to quality development where Project could not take place without participation from the NEZ Program; • Financial feasibility of a Project that furthers community revitalization and demonstrates a return on investment and increased economic benefit within the Zone. The following Projects or Businesses as defined in Section 118-1 of the Zoning Code shall not be eligible for any incentives under the City of North Richland Hills' Neighborhood Empowerment Zone (NEZ) Basic Incentives and Tax Abatement Policy: 1. Sexually Oriented Business or Adult Entertainment Establishment 2. Non-Profit, Not-For-Profit, and/or Tax-Exempt Business 3. Alternative Financial Establishment 4. Secondhand Dealer or Pawn Shop 5. Tax Exempt Use (non-profit) 6. Special Personal Service Shop 7. Package stores or liquor stores 8. Blood Plasma Collection Facility 9. Convenience Store where the sale of beer and wine is the primary use as defined by floor area and gross sales 10. Donation site 11. Any "Automobile & Transportation Related Uses" listed in Section 118-631(E) of the Zoning Code, including a car wash 12. Mini warehouse 13. Non-traditional Smoking Related Business 14. CBD Shop, Cannabis Dispensary or Vape Shop RECOMMENDATION: w INNOINk IrLm NOKTH KICHLAND HILLS Approve Resolution 2023-077 RESOLUTION NO. 2023-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ESTABLISHING THE CITY OF NORTH RICHLAND HILLS NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM BASIC INCENTIVES POLICY FOR THE PURPOSE OF INCREASING ECONOMIC DEVELOPMENT WITHIN THE CITY. WHEREAS, the City Council of the City of North Richland Hills (the "City") desires to stimulate revitalization and redevelopment of aged properties within the city; and WHEREAS, Chapter 378 of the Texas Local Government Code authorizes a municipality to create a Neighborhood Empowerment Zone ("NEZ") when the municipality determines that creation of the zone would promote an increase in economic development within the zone; and WHEREAS, Chapter 380 of the Texas Local Government Code authorizes a municipality to establish and provide for the administration of one or more programs for making loans and grants of public money of the municipality to promote local economic development and to stimulate business and commercial activity within the municipality; and WHEREAS, the City Council desires to establish a policy setting forth administrative procedures and criteria for granting incentives and fee waivers to property owners who provide projects that demonstrate high quality development or redevelopment, that further community revitalization, and provide increased economic benefit to areas designated as Neighborhood Empowerment Zones within the City of North Richland Hills; and WHEREAS, the City Council finds that creation of the Neighborhood Empowerment Zone Program (NEZ) Basic Incentives Policy benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the city and increasing economic development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council finds that the facts and recitations contained in the recitals set forth above are hereby found and declared to be true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council hereby establishes and adopts the Neighborhood Empowerment Zone Program (NEZ) Basic Incentives Policy (the "Policy") attached as Exhibit "A," which shall apply for all areas designated as Neighborhood Empowerment Zones within the City of North Richland Hills. Resolution No. 2023-077 Page 1 of 2 SECTION 3. The City Council may adopt additional criteria and requirements for any area designated as a Neighborhood Empowerment Zone within the City of North Richland Hills. SECTION 4. The City Council authorizes the City Manager to execute Economic Development Agreements in accordance with this Policy granting incentives up to a maximum amount or value of$50,000. Any incentives granted in an amount or value that exceeds $50,000 shall require specific approval by the City Council. SECTION 5. The City Council reserves the right to approve or deny any application for incentives under this Policy. SECTION 6. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED on this 9t" day of October, 2023. 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: Paulette Hartman, Deputy City Manager Resolution No. 2023-077 Page 2 of 2 CITY OF NORTH RICHLAND HILLS NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM (NEZ) BASIC INCENTIVES POLICY I. GENERAL PURPOSE AND OBJECTIVES Chapter 378 of the Texas Local Government Code allows a municipality to create a Neighborhood Empowerment Zone(NEZ)when a"...municipality determines that the creation of the zone would promote an increase in economic development within the zone." The City, by adopting the following NEZ Program Basic Incentives Policy, will promote economic development in the area designated as a Neighborhood Empowerment Zone. NEZ incentives will not be granted after the NEZ expires as defined in the resolution designating the NEZ. For each NEZ, the City Council may approve additional terms and incentives as permitted by Chapter 378 of the Texas Local Government Code or by City Council resolution. However, any incentive awarded before the expiration of a NEZ shall carry its full term according to its agreement approved by the City. As mandated by state law, any incentive under this policy applies to the owners of real property. Nothing in the policy shall be construed as an obligation by the City of North Richland Hills to approve any application. To be eligible for incentives, a property owner must provide evidence of: i. Private investment of at least 25% of the improved or total market property value as appraised by the Tarrant Appraisal District; ii. Advancement of high-quality development or redevelopment opportunities on adjacent properties in a manner that supports the establishment of a viable commercial corridor; iii. Effective utilization of incentives to leverage the involvement of private investment; iv. The existence of a barrier to quality development where a Project could not take place without participation from the NEZ Program; v. Financial feasibility of a Project that furthers community revitalization, and demonstrates return on investment and increased economic benefit within the Zone. II. DEFINITIONS "Base Value"is the current value of the Real Property Improvements, including land, as determined by the Tarrant Appraisal District, during the year rehabilitation occurs. "Substandard Building Board"is the commission created under Chapter 98, Division 2 of the North Richland Hills City Code. "Capital Investment"includes only Real Property Improvements such as new facilities and structures, site improvements, facility expansion, and facility modernization. Capital Investment does NOT include land acquisition costs and/or any existing improvements on the property prior to the City Council's authorization or Development Review Committee approval of a project, or personal property (such as machinery, equipment, and/or supplies and inventory). "Commercial/Development Project"is a development project which proposes to construct or rehabilitate commercial facilities on property that is (or meets the requirements to be) zoned commercial as defined by the City of North Richland Hills Zoning Ordinance. "Eligible Rehabilitation" includes only physical improvements to Real Property Improvements. Eligible Rehabilitation does NOT include personal property (such as furniture, appliances, equipment, and/or NRH NEZ Policy Oct 2023 1 supplies). Eligible Rehabilitation improvements must be communicated at the time of application in order for a rehabilitation project to apply for any NEZ incentives. "Eligible Improvements" are physical and permanent activities that when combined result in a Project. Such activities include but are not limited to exterior painting, exterior lighting, exterior signage, restoration of architectural details, addition of awnings or canopies, exterior masonry, exterior stucco, storefront windows, sidewalks, parking lot improvements, parking lot reconstruction, hardscaping, landscaping, outdoor patios, sign removal and new sign construction. "Gross Floor Area"is measured by taking the outside dimensions of the building at each floor level, except that portion of the basement used only for utilities or storage, and any areas within the building used for off-street parking. "Minimum Building Standards " includes minimum building standards adopted by the City Council and published in Chapter 38 and 98 of the North Richland Hills Code of Ordinances. NEZ certified projects involving existing buildings may be exempt from section 903.2.11.9 of the 2018 International Building Code and 903.2.11.9 of the 2018 International Fire Code when undergoing repair, alteration, and/or change of occupancy. "New Construction" is a newly constructed occupiable structure improvement requiring a permanent foundation. "Project"means a "Commercial Development Project" "Real Property Improvements"means an occupiable structure as defined bythe North Richland Hills Building Code. "Reinvestment Zone"is an area designated as such, or as a Neighborhood Empowerment Zone, by the City of North Richland Hills in accordance with Chapter 378 of the Texas Local Government Code, the Property Redevelopment and Tax Abatement Act codified in Chapter 312 of the Texas Tax Code, or an area designated as an enterprise zone pursuant to the Texas Enterprise Zone Act, codified in Chapter 2303 of the Texas Government Code. III. PROCEDURAL STEPS A. APPLICATION SUBMISSION 1. The applicant must complete and submit a City of North Richland Hills "Application for NEZ Incentives"via the online E-Services Portal to the Development Review Committee through the Planning & Building Inspections Department. Incomplete applications will not be accepted or processed. a. Upon receipt of application, a response will be provided within 2 business days to determine if the application is complete, or if more information is needed. 2. The application review, evaluation and approval will be governed by City of North Richland Hills Neighborhood Empowerment Zone Basic Incentives Policy for qualifying Projects. a. Initial application review will take up to 7 business days which may result in either approval, a request for more information or denial with an explanation. The City reserves the right to deny an application regardless if the application meets the program's general purpose and objectives as outlined in Section I. NRH NEZ Policy Oct 2023 2 3. Except as provided by Sections VI, A, 3 and 4 of this policy, all NEZ certifications for incentives will expire after three years and are project specific. Minor modifications to an existing certification may be made with correct documentation. Minor modifications will not change or extend the original certification date. New or additional projects at the same address or in the same development will require a new application for project certification. 4. The City Council may change NEZ boundaries or terminate NEZ areas. Projects that have been certified eligible for basic incentives will maintain eligibility for the original three years from the date of certification. Unless otherwise stated in this policy, the certification date will not be modified or extended. B. CERTIFICATIONS FOR APPLICATIONS 1. In order for an applicant to be eligible to apply for any NEZ incentives, the property owner/developer: a. Must submit a complete application to the City with all required documentation b. If the applicant is a tenant, then the property owner will need to co-sign the application c. Must not be delinquent in paying property taxes for any property owned by the owner/developer or the applicant d. Must not be responsible for City of North Richland Hills liens on the project property e. Must not have any City liens filed against any property owned by the applicant or property owner/developer, including the project property. "Liens" include but are not limited to weed liens, demolition liens, board-up/open structure liens and paving liens 2. The Development Review Committee will review all NEZ applications for accuracy and completeness. A complete application must include: a. A completed NEZ application b. Proof that the Project is located in an NEZ c. Attachment of all items on the NEZ Application Submittal Requirement Checklist; and d. Compliance with the design guidelines under Section III D Once the Development Review Committee determines that the application is complete, applications will be reviewed, and a decision issued within 10 business days. The applicant's eligibility to receive basic incentives will be based on the criteria set forth in this policy. Ineligible applications will be denied citing reasons for ineligibility and suggestions for resubmittal. Once an applicant's project is certified, the Development Review Committee will inform appropriate departments. Approval of the application for incentives and project certification only applies toward the NEZ Program, and shall not be deemed to be approval of any other plan submittals, including site plan review, zoning change, construction building permits, etc. Before construction can begin, the applicant must ensure that the project is located in the correct zoning district and have approved building and construction permits. C. PUBLIC HEARINGS AND NOTIFICATION In the event a zoning change or variance is required to facilitate an approved application, a public hearing held by the appropriate regulatory authority will be required prior to final certification of the application. Any incentives provided under the NEZ Program Basic Incentives Policy will not be approved by the Development Review Committee until the public hearings have taken place and result in an approval of the requested zoning change or variance. NRH NEZ Policy Oct 2023 3 D. DESIGN GUIDELINES 1. All approved applications for NEZ incentives must adhere to the following design requirements for certification. a. All new construction projects must contain 70% masonry product b. Compliance with design guidelines as adopted by City Council is required for certification c. Any required site plans, including any building plans, landscape plans, lighting plans and engineering plans must be provided by a licensed or certified professional who provides such services (i.e. landscape plan must be provided by a certified landscape architect, etc.) IV. FEE DISCOUNTS OR WAIVERS FOR ELIGIBLE RECIPIENTS/PROPERTIES 1. In order for a property owner/developer to be eligible to apply for any fee waivers for a Project, the applicant: a. Must submit an application to the City and receive NEZ certification for the project; b. Must be in compliance with Section III, A, B, C, and D. c. Must have a signed Economic Development Agreement indicating the level and type of fee assistance. A. DEVELOPMENT FEES 1. Discounts or waivers to the following fees for New Construction or Eligible Rehabilitation are eligible for consideration for certified NEZ Projects: a. All Building Permit related Fees (including Plans Review and Inspections) except as stated in IV B. below b. Zoning and Platting Application Fees c. Public Works Plan Review& Inspection Fees d. Tree Mitigation Fees e. Sign Permit Fees f. Mechanical, Plumbing and Electrical Fees g. Fire Inspection Fees h. Park Impact Fees i. City portion of Water and Wastewater Impact Fees 2. If a permit or application is expired, the fee to reactivate, renew or reapply may be subject to existing development fees. In addition, penalties and extension fees or re-permitting may also be subject to existing fees. 3. Other development related fees not specified in this policy may be brought forward to City Council on a case-by-case basis as determined by staff analysis. B. THIRD PARTY PASS THROUGH FEES 1. There are certain fees that are collected by the City but passed onto other entities who charge for their service. The following fees are not eligible for incentive waivers: a. Water and wastewater impact fees from the City of Fort Worth and the Trinity River Authority b. Recording fees related to any Project documentation that needs to be filed with the Tarrant County Clerks Office. Documents include but are not limited to the filing of plats, replats and easements. NRH NEZ Policy Oct 2023 4 V. RELEASE OF CITY LIENS A. ELIGIBLE RECIPIENTS/PROPERTIES 1. In order for an applicant to be eligible to apply for release of any City liens, including weed, demolition, board up/open structure and paving liens, the applicant: a. Must receive NEZ approval and certification for the project; b. Must be in compliance with Section III, A, B, C, and D; and c. Must have a signed Economic Development Agreement indicating the level and type of lien release. Eligible liens shall be released once the Project's improvements have been made to the property. Applicants must contact City after project completion for lien releases. The maximum amount of a lien release shall not exceed $15,000. Any liens filed after the initial certification of the property shall not be released. For certified applicants of Projects requesting release of City liens, the Neighborhood Services Department will request the release of the appropriate liens on NEZ Projects and complete the lien release and filing process as designated by City policy and the City Code of Ordinances. VI. EMPOWERMENT ZONE INCENTIVES A. GUIDELINES 1. The Development Review Committee will review and evaluate each application and incentive request prior to any submission to the City Manager for approval. 2. Incentives shall not be granted for any development project in which a building permit application, excluding grading and/or demolition, has already been filed with the City. In addition,the City will not provide incentives for any activity prior to the execution of an Economic Development Agreement with the City. 3. Incentives for a new construction project will automatically terminate two years after City approval of the Economic Development Agreement if a building permit has not been issued and the work commenced (unless otherwise specified in the Economic Development Agreement). 4. Incentives for a rehabilitation project will automatically terminate three years after City approval of the Economic Development Agreement if the project is not complete (unless otherwise specified in the Economic Development Agreement). 5. In order to be eligible to apply for incentives the applicant must: a. Receive NEZ certification for the project; b. Be in compliance with Section III, A, B, C, and D and Section VI, A, B, and C as applicable; c. Ensure Real Property Improvements are newly constructed or rehabilitated after NEZ designation and City approval of the incentives are granted before improvements aremade; d. Ensure the property is not in a tax-delinquent status when the application is submitted; e. Ensure the property is in conformance with the City of North Richland Hills Zoning Ordinances; however, a property use that is legal non-conforming shall not be eligible to NRH NEZ Policy Oct 2023 5 receive incentives if the intent is to continue the nonconformity. 6. A property owner/developer in the NEZ who desires incentives must: a. Satisfy the criteria set forth in Section III, A, B, C and D and Section VI, A, B, and C, as applicable, and b. Submit an application to the City and receive NEZ certification for the project; c. Upon NEZ certification, the property owner/developer must enter into an Economic Development Agreement with the City of North Richland Hills in accordance with this Policy. The terms of the agreement shall automatically be suspended if the owner, or the property, receives a finding of liability or conviction for a violation of the City of North Richland Hills City Code of Ordinances by the Building Standards Commission or through the City of North Richland Hills Administrative Code Compliance process or criminal conviction through the City's Municipal Court regarding the property subject to the agreement during the term of the agreement. If such finding of liability or conviction becomes final, the agreement shall automatically terminate, and subject to the terms of the agreement, termination may include the return of any financial incentives provided by the City to the applicant. 7. Incentives granted under the criteria set forth in Section III, A, B, C, and D and Section VI,A, B, and C as applicable, can only be granted once for a property in a NEZ as specified in the agreement. If a property on which there exists an Economic Development Agreement is sold, in whole or in part, or if any ownership interest is otherwise transferred or assigned, prior approval must be obtained from the City in order to transfer the agreement to the new owner. 8. If a property in the NEZ on which incentives are provided is sold before completion of the project, the new owner must enter into a new Economic Development Agreement on the property as allowed by the previous agreement in order to complete the project. 9. If the terms of the Economic Development agreement are not met, the City Manager shall have the right to cancel or amend the agreement in accordance with this policy. In the event of cancellation, the recapture of any grant funding provided by the city shall take place. If the owner/developer does not return the funds granted, a lien for the same amount will be filed on the property and the future certificate of occupancy may be withheld. 10. The terms of the agreement shall include the City of North Richland Hills's right to: (1) review and verify the applicant's financial statements prior to providing incentives, (2) conduct an on- site inspection to verify compliance with the terms of the agreement, (3) terminate the agreement if the Project contains or will contain an ineligible Project as defined in Section VII 1 through 14. 11. Upon completion of construction of the Project, the City shall no less than annually evaluate each project receiving incentives to ensure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to the City Council and may result in termination of the agreement. B. APPLICATION REVIEW AND EVALUATION FOR APPLICATIONS 1. Incentives for Commercial Development Projects a. For a completed and certified application, with appropriate approval by City Council action, signature authority is delegated to the City Manager for all Economic Development Agreements that meet the criteria under this policy. The City Manager shall be authorized to execute the respective Economic Development Agreement with the applicant. NRH NEZ Policy Oct 2023 6 b. Applications for Commercial Development Projects in the NEZ must provide evidence of: i. Private investment of at least 25% of the improved or total market property value as appraised by the Tarrant Appraisal District; ii. Advancement of high-quality development or redevelopment opportunities on nearby or adjacent properties in a manner that supports the establishment of a viable commercial corridor; iii. Effective utilization of incentives to leverage private investment; iv. The existence of a barrier to quality development where a Project could not take place without participation from the NEZ Program; V. Financial feasibility of a Project that furthers community revitalization, and demonstrates return on investment and increased economic benefit within the Zone. 2. Consideration by the City Council a. The City Council retains sole authority to approve or deny, or delegate its approval or denial, of any Economic Development Agreement and is under no obligation to approve any application or agreement. The City of North Richland Hills is under no obligation to provide incentives of any amount or value to any applicant. 3. Effective Date for Approved Agreements a. All agreements approved or authorized by the City will become effective on the last date the Economic Development Agreement has been signed by both the owner/developer and the city. b. Owners/developers are responsible for notifying the City in writing when a certified Project is complete. Upon receipt of such notification, the City shall schedule a final inspection for the Project. c. No incentives shall be provided until the City has given final approval for the Project. C. COMMERCIAL PROJECT ELIGIBILITY LOCATED IN THE NEZ A developer of a Commercial Project shall be eligible to apply for incentives by meeting the following project certification requirements: a. Be in compliance with Section III, A, B, C, and D and Section VI, A, B, and C as applicable; b. For a rehabilitation project, Eligible Rehabilitation costs on Real Property Improvements shall be at least 25% of the improved or total market property value as appraised by the Tarrant Appraisal District. VII. INELIGIBLE PROJECTS The following Projects or Businesses as defined in Section 118-1 of the Zoning Code shall not be eligible for any incentives under the City of North Richland Hills's Neighborhood Empowerment Zone (NEZ) Basic Incentives and Tax Abatement Policy: 1. Sexually Oriented Business or Adult Entertainment Establishment 2. Non-Profit, Not-For-Profit, and/or Tax-Exempt Business 3. Alternative Financial Establishment 4. Secondhand Dealer or Pawn Shop 5. Tax Exempt Use (non-profit) 6. Special Personal Service Shop 7. Package stores or liquor stores 8. Blood Plasma Collection Facility 9. Convenience Store where the sale of beer and wine is the primary use as defined by floor area and gross sales 10. Donation site 11. Any "Automobile & Transportation Related Uses" listed in Section 118-631(E) of the Zoning NRH NEZ Policy Oct 2023 7 Code, including a car wash 12. Miniwarehouse 13.Non-traditional Smoking Related Business 14.CBD Shop, Cannabis Dispensary or Vape Shop VIII. DENIED APPLICATIONS 1. NEZ applications will automatically be denied 30 days after submission if all required, or additionally requested documentation is not received by the City. 2. The applicant will have 90 days after the date of denial to resubmit the NEZ application without paying a new application fee. NRH NEZ Policy Oct 2023 8 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Approve Resolution No. 2023-078, Establishing the Davis Boulevard/Boulevard 26 Neighborhood Empowerment Zone (NEZ) PRESENTER: Paulette Hartman, Deputy City Manager SUMMARY: City Council identified the need to address the aging commercial corridor along Davis Boulevard and Boulevard 26 north of Interstate Loop 820 and south of Mid-Cities Boulevard and Harwood Road.While the 121 properties consisting of 130 acres represent 1% of the City's total number of properties, it represents 7% of the City's total code violations. In addition to physical deterioration, the corridor has a higher level of vacancy, lower property values and lower rents. Chapter 378 of the Texas Local Government Code allows a municipality to create a Neighborhood Empowerment Zone (NEZ) when a "...municipality determines that the creation of the zone would promote an increase in economic development within the zone". A resolution creating the Davis Boulevard / Boulevard 26 Neighborhood Empowerment Zone (NEZ) is provided for Council consideration, activating and implementing the Neighborhood Empowerment Zone (NEZ) Basic Incentives Policy in this target area. GENERAL DESCRIPTION: Due to physical deterioration and poor lot layout, commercial properties along Davis Boulevard and Boulevard 26 north of Interstate Loop 820 and south of Mid-Cities Boulevard and Harwood Road are unable to attract quality business uses and levels of investment to meet community expectations. The opportunity exists to consider a NEZ that reduces procedural, financial and physical barriers to stimulate quality business development and investment. Program benefits within the NEZ include: • Expedited review of plans, permitting and inspections; • Discounts or waivers of City fees, including plan review, inspections, permits, etc.; • Customized grants to assist with property improvements; • Consideration of code variances due to building and site constraints Certified projects must meet all the terms and conditions of the Neighborhood Empowerment Zone (NEZ) Basic Incentives Policy and provide evidence of: IrLp NOKTH KICHLAN HILLS • Private investment of at least 25% of the improved or total market property value as appraised by the Tarrant Appraisal District; • Advancement of high-quality development or redevelopment opportunities that supports the establishment of a viable commercial corridor; • Effective utilization of incentives to leverage the involvement of private investment; • Existence of a barrier to quality development where Project could not take place without participation from the NEZ Program; • Financial feasibility of a Project that furthers community revitalization and demonstrates a return on investment and increased economic benefit within the Zone. When and if grant funds are considered, they must be applicable toward the following permanent improvements that increase a property's value and meet the community's vision: Exterior Signage Sidewalk Exterior Lighting Exterior Patio (if food service available) Exterior Painting Landscaping (trees and shrubs) Restoration of Architectural Details Hardscaping (retaining walls, stones, planters) Storefront Windows Reconstruction of Parking Lot Storefront Door Parking Lot Resurfacing, Painting and Striping Exterior Masonry New Signage and Sign Removal Exterior Stucco Additional Architectural Details Awning/Canopy The following Projects or Businesses as defined in Section 118-1 of the Zoning Code shall not be eligible for any incentives within the NEZ: 1. Sexually Oriented Business or Adult Entertainment Establishment 2. Non-Profit, Not-For-Profit, and/or Tax-Exempt Business 3. Alternative Financial Establishment 4. Secondhand Dealer or Pawn Shop 5. Tax Exempt Use (non-profit) 6. Special Personal Service Shop 7. Package stores or liquor stores 8. Blood Plasma Collection Facility 9. Convenience Store where the sale of beer and wine is the primary use as defined by floor area and gross sales 10. Donation site 11. Any "Automobile & Transportation Related Uses" listed in Section 118-631(E) of the Zoning Code, including a car wash 12. Mini warehouse 13. Non-traditional Smoking Related Business 14. CBD Shop, Cannabis Dispensary, and Vape Shop RECOMMENDATION: Approve Resolution 2023-078. RESOLUTION NO. 2023-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CREATING AND ESTABLISHING THE DAVIS BOULEVARD/BOULEVARD 26 NEIGHBORHOOD EMPOWERMENT ZONE IN THE CITY OF NORTH RICHLAND HILLS, AND FINDING THAT CREATION OF THE ZONE FURTHERS THE PUBLIC PURPOSE OF INCREASED ECONOMIC DEVELOPMENT WITHIN THE ZONE. WHEREAS, the City Council of the City of North Richland Hills (the "City") desires to stimulate revitalization and redevelopment of aged properties within the city; and WHEREAS, on October 9, 2023, the City Council approved the City of North Richland Hills Neighborhood Empowerment Zone Program Basic Incentives Policy (the "NEZ Policy") which sets forth the criteria for granting incentives within an area designated as a Neighborhood Empowerment Zone ("NEZ"); and WHEREAS, the City Council finds that creation of the Davis Boulevard/Boulevard 26 Neighborhood Empowerment Zone (the "Zone")would promote an increase in economic development in the Zone in accordance with Section 378.002 of the Texas Local Government Code; and WHEREAS, the City Council finds that creation of the Davis Boulevard/Boulevard 26 Neighborhood Empowerment Zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the city; and WHEREAS, the City Council finds that creation of the Davis Boulevard/Boulevard 26 Neighborhood Empowerment Zone satisfies the requirements to be designated as a Reinvestment Zone in accordance with Section 312.202 of the Tax Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council finds that the facts and recitations contained in the recitals set forth above are hereby found and declared to be true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The Davis Boulevard/Boulevard 26 Neighborhood Empowerment Zone is hereby created, and is defined and depicted in the boundary map attached hereto and incorporated herein as Exhibit "A," more specifically described as the area on Davis Boulevard from Smithfield Road/Bridge Street to Loop 820 and on Boulevard 26 from Harwood Road to Loop 820. Resolution No. 2023-078 Page 1 of 2 SECTION 3. The City Council hereby adopts all basic incentives, criteria and requirements as described in the NEZ Policy adopted by City Council on October 9, 2023. SECTION 4. This designation shall expire on October 9, 2033. SECTION 5. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED on this 9t" day of October, 2023. 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: Paulette Hartman, Deputy City Manager Resolution No. 2023-078 Page 2 of 2 EXHIBIT A DAVIS BOULEVARD/BOULEVARD 26 NEIGHBORHOOD EMPOWERMENT ZONE 'REOAL' HOL'DAY .......... LU U) ... ....... MfmoEY s . . ............ j, 71 �ALL ),�� b," , CREEK VIEW 9, OnH 0 CLID' j 40 LU 9,UAIL FWN Lu, z", cv 1 7 AR�C*JP ' Q OW T-- �c=�GE -_j REIJ RIVEk BIN 'NORTH'RICHLAN'D' ro UL$TER S, 21 I I I I ZI WWI UI . . . .6-�BRIAN DQDECAL Uj[V) ErIAL' u, af �MIKE N LY Ln LYNDA TERRY (D[ �'HA > I aLOh JADE L (0 0' C 'R HH Q JANETW cd, t4 >—4 8,C,i LL,E,R,I 00 0 ni STAND LEY LL, J PLE�Obb A 11111111111110100� z ,0 H N e A\ Oj 1 III Z\,X LU (5 0 �HORTI 2 0 110 iti820 NDIA as 03 1c, y PRIVATE J BE r0 Rb-EULES'S' D Resolution No. 2023-078 I"R NORTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Approve Resolution No. 2023-079, nominating one or more individuals as a candidate for the Tarrant Appraisal District Board of Directors. PRESENTER: Mark Hindman, City Manager SUMMARY: The City Council, at its September 25 meeting, approved Resolution No. 2023-075 nominating Vince E. Puente, Sr. as a candidate for the Tarrant Appraisal District Board of Directors. At this meeting, the City Council directed staff to place an item on the October 9 meeting agenda to consider additional candidate nominations for the Tarrant Appraisal District Board of Directors. GENERAL DESCRIPTION: North Richland Hills has been notified that the terms of service for the five members of the Tarrant Appraisal District (TAD) Board of Directors ("Board") will expire on December 31, 2023. Later this year, there will be an election to select the next Board. For this election, North Richland Hills will be provided with a specified number of votes. The exact number of votes will be provided to the City of North Richland Hills by TAD on September 29, 2023. Last year the City was allocated 35 of the 5,005 total votes. We anticipate the number of votes will remain approximately the same. The first step in electing a new board is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. The nominations must be made in an open meeting of the City Council and submitted to the Chief Appraiser in the form of a resolution before October 15, 2023. The nominations provided to the Chief Appraiser should include each nominee's name, address, and a current resume. To be eligible to serve as a director, the nominees must have resided in Tarrant County for at least two years immediately preceding January 1, 2024. The Property Tax Code provides the following individuals are ineligible to serve as voting members of the Board: • An employee of TAD during the preceding three years; • An individual who served as a voting member of the Board for all or part of five terms; • An individual who is an employee of a taxing unit that participates in TAD unless the individual is also a member of the governing body or an elected official of a taxing unit that participates in the District; I"R NORTH KICHLAND HILLS • An individual who, directly or through a business entity has a substantial interest, is a party to a contract with TAD or a taxing unit that participates in the District, if the contract relates to the performance of any activity governed by the Property Tax Code; • An individual who has engaged in the business of appraising property for compensation for use in proceedings under the Property Tax Code at any time during the preceding three years; • An individual who has engaged in the business of representing property owners for compensation in proceedings under the Property Tax Code in Tarrant County at any time during the preceding three years; • An individual who is related by blood or marriage to an individual who is engaged in the business of appraising property for compensation for use in proceedings under the Property Tax Code or of representing property owners for compensation in proceedings under the Property Tax Code in Tarrant County, if the relationship is within the 1st or 2nd degrees; 1 st Degree 2nd Degree 3rd Degree By Consanguinity By Consanguinity By Consanguinity Parents Grandparents Great grandparents Children Grandchildren Great grandchildren Brothers & sisters Nieces & nephew Aunts & uncles By Affinity By Affinity By Affinity Spouses of relatives Spouses of relatives listed listed under first degree under second degree consanguinity consanguinity No prohibitions Spouses parents Spouses grandparents Spouses children Spouse's grandchildren Stepparents Spouse's brothers & sisters Stepchildren • An individual who owns property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the date the individual knew or should have known of the delinquency unless the delinquent taxes, penalty, and interest are being paid under an installment plan or a suit to collect the delinquent taxes is deferred or abated. Once the nomination process is completed, the city will receive a ballot listing the nominees by October 30, 2023. The City Council will then have until December15, 2023 to cast its votes by resolution and submit to the Chief Appraiser. The five nominees receiving the highest vote total will be elected and take office for a two-year term beginning January 1, 2024. I"R NORTH KICHLAND HILLS The City Council, at its September 25 meeting, approved Resolution No. 2023-075, nominating Vince E. Puente, Sr. to the Tarrant Appraisal District Board of Directors. At this meeting, the City Council directed staff to place an item on the October 9 meeting agenda to consider additional candidate nominations for the Tarrant Appraisal District Board of Directors. Council member Vaughn has recommended that the City nominate Jerald Miller, Jr., Rich DeOtte, and Gary M. Losada. The City can nominate a total of five (5) individuals to serve on the Board of Directors. Staff seeks direction from the City Council regarding any desired nominations to the Tarrant Appraisal District Board of Directors. RECOMMENDATION: Approve Resolution No. 2023-079, nominating one or more individuals as a candidate for the Tarrant Appraisal District Board of Directors, as discussed. RESOLUTION NO. 2023-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS NOMINATING ONE OR MORE INDIVIDUALS AS CANDIDATES FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS, the term of service for the five member Tarrant Appraisal District Board of Directors will end on December 31, 2023; and WHEREAS, an election to select the new Board of Directors will be conducted October 307 2023 through December 15, 2023; and WHEREAS, each taxing unit within the district may nominate one candidate for each of the five positions to be placed on the ballot for consideration during said election; and. WHEREAS, the City Council, at its September 25, 2023 meeting, approved Resolution No. 2023-075 nominating Vince E. Puente, Sr. as a candidate to be placed on the ballot and directed staff to place an item on the October 9, 2023 agenda for consideration to nominate up to four additional candidates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The North Richland Hills City Council at its September 25, 2023 meeting approved Resolution No. 2023-075, nominating Vince E. Puente, Sr. as a candidate to be placed on the ballot. SECTION 3.The North Richland Hills City Council nominates the following for consideration on the ballot of the Tarrant Appraisal District Board of Directors election to be held on October 30, 2023 through December 15, 2023. 1. 2. 3. 4. SECTION 4. This Resolution shall be effective from and after its passage. PASSED AND APPROVED on this 9t" day of October , 2023. Resolution No. 2023-079 Page 1 of 2 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: Mark Hindman, City Manager Resolution No. 2023-079 Page 2 of 2 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 9, 2023 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: This week is open house week for the NRH Fire Department. Stop by your neighborhood fire station to meet the team, see demos, ask questions, and tour the firehouse. Please visit our website for the open house schedule and more details. Join us on Tuesday, Oct. 10, for the final `Round the Town with Oscar event for this year. The bicycle ride and walk will start at 6 p.m. at Cross Timbers Park. Please visit the city's website for more details. Enjoy a free outdoor concert this Thursday, Oct. 12, on the City Hall Plaza. The Stevie Ray Vaughan Tribute band Texas Flood will be performing starting at 6.30 p.m. You can find all of the details on the city's website. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Kristin James in Neighborhood Services —We received several comments of appreciation for Kristin's work in coordinating the annual Trash Bash Litter Cleanup event. Several volunteers noted that it was well organized, and participants of all ages had a great time. "Thank you for making it so easy and fun to serve our community," they said.