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CC 2023-11-13 Agendas
t4RH NOKTH RICH�AND HILL CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, NOVEMBER 13, 2023 WORK SESSION: 6:00 PM Held in the Council Workroom CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Discuss the proposed ordinance to allow for the keeping of backyard chickens in North Richland Hills. 3. Discuss proposed amendment(s) to the City Council Rules of Procedure. 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 Monday, November 13, 2023 City Council Agenda Page 1 of 5 attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.072: Deliberate the purchase, exchange, lease or value of real property - 6701 Davis Boulevard 2. Section 551.087: 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 - MAYOR PRO TEM DEUPREE A.2 PLEDGE - MAYOR PRO TEM DEUPREE 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 October 23, 2023 regular City Council meeting. B.2 Approve award of RFP No. 23-028 to Amusement Restoration Companies LLC for the repair and re-coating of the Accelerator Monday, November 13, 2023 City Council Agenda Page 2 of 5 waterslide at NRH2O Family Water Park in the amount of $67,500 and authorize the City Manager to execute the associated construction agreement. C. PUBLIC HEARINGS C.1 TR23-01, Ordinance No. 3824, Public hearing to consider amendments to Chapter 118, Article IV, Division 7, of the North Richland Hills Code of Ordinances regarding building height and fencing standards in the OC (Outdoor Commercial) zoning district. D. PLANNING AND DEVELOPMENT D.1 PLAT23-0049 Consideration of a request from Kimley-Horn and Associates for a preliminary plat of Willow Springs, being 18.97 acres located at 6900-7100 Davis Boulevard and 8205-8217 Odell Street. E. PUBLIC WORKS E.1 Consider award of a construction contract with R&D Burns Brothers, Inc., for utility reconstruction work on six residential streets designated as bond projects in the amount of $2,180,522 for the Kirk Lane, Wood View Lane, Sierra Drive, Daniel Drive, Lakeside Circle and Post Oak Drive bond projects. E.2 Award RFP 23-024 and Authorize the City Manager to execute a construction agreement with Vanguard Utility Service, Inc., to perform city-wide water meter installation services in an amount not to exceed $1,741,989.29. F. GENERAL ITEMS F.1 Consider Ordinance No. 3825 Amending the North Richland Hills Code of Ordinances Chapter 14, Animals, to modify Article XIII, Section 14-442, add Article XVI for the Keeping of Backyard Chickens on residential properties within the City of North Richland Hills, and amending Chapter 34, Article II, Section 34-33 to declare specific nuisances. F.2 Consider Resolution No. 2023-082, adopting the City's Investment Policy, adopting the City's Investment Strategy and providing an effective date. F.3 Consider Resolution 2023-083, appointing eight representatives to the North Richland Hills Tax Increment Reinvestment Zone Number 3 Board Monday, November 13, 2023 City Council Agenda Page 3 of 5 of Directors, each to serve a two-year term beginning January 1 , 2024, and appointing a chairperson, to serve a one-year term beginning January 1, 2024. FA Consider Resolution No. 2023-084, casting the 37 votes allocated to North Richland Hills for one or more candidates in the Tarrant Appraisal District Board of Directors Election. F.5 Consider Ordinance 3826, amending the Code of Ordinances Article III Boards, Commissions and Committees, as they pertain to ex-officio and alternate members of the Planning and Zoning Commission, Civil Service Commission and meetings of the Capital Improvements Advisory Committee. F.6 Introduce amendment to Chapter 2, Article II, Division 2, Rules of Procedure of the Code of Ordinances of the City of North Richland Hills. 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 TURNAGE 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, November 10, 2023 by 3:00 PM. Alicia Richardson City Secretary/Chief Governance Officer This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, November 13, 2023 City Council Agenda Page 4 of 5 Monday, November 13, 2023 City Council Agenda Page 5 of 5 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 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: November 13, 2023 SUBJECT: Discuss Proposed Backyard Chicken Ordinance 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 chickens. Neighborhood Services has conducted research, met with interested parties, received input from residents regarding allowing backyard hens, and received direction from Council regarding proposed backyard chicken requirements. Staff has drafted a proposed ordinance that would amend Section 14-442 of the Code of Ordinances, add new Article XVI to Chapter 14-Animals to allow for the keeping of backyard chickens, and amend Section 34-33 of the Code to declare specific nuisances. Staff is prepared to present the draft ordinance for Council consideration. The purpose of this work session item is to review the draft ordinance with the City Council prior to Council considering the ordinance during the regular Council meeting. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Discuss Proposed Amendment(s) to the City Council Rules of Procedure. PRESENTER: Mark Hindman, City Manager GENERAL DESCRIPTION: Discuss proposed amendments to the Rules of Procedure, Chapter 2, Article II, Division 2 of the Code of Ordinances. These changes are based on discussion with City Council on the September 25 City Council Work Session. Notable proposed changes relate to the ability for City Council to ask for items to be placed on future meeting agendas as well as general clean up. Section 2-62 of the Code of Ordinances requires that any new rules or amendments to the Rules of Procedure first be introduced into the record at a previous meeting of City Council. No action will be taken during this meeting. Following direction of the City Council, the rules shall be brought back to the City Council at a subsequent meeting for action. IN ACCORDANCE WITH SECTION 2-62 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THE PROPOSED AMENDMENTS TO THE CITY COUNCIL RULES OF PROCEDURE ARE HEREBY INTRODUCED INTO THE RECORD AT THE NOVEMBER 13, 2023 REGULAR CITY COUNCIL MEETING. NO ACTION SHALL BE TAKEN DURING THIS MEETING. ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING AND RESTATING CHAPTER 2, ARTICLE II, DIVISION 2, RULES OF PROCEDURE OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power 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 Rules of Procedure governing city council meetings set forth in Chapter 2, Article II, Division 2 of the Code of Ordinances was first adopted in 1975, and has subsequently been amended; and WHEREAS, the City Council of North Richland Hills finds that the Rules of Procedure should be amended and restated to modify the city council agenda setting process and to update the rules to comply with state law and current city council policies and practices; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: That Chapter 2, Article II, Division 2, of the Code of Ordinances of the City of North Richland Hills is hereby amended and restated in its entirety to read as follows: Ordinance No.XXXX Page 1 of 11 DIVISION 2. - RULES OF PROCEDURE Sec. 2-51. Meetings to be public. All meetings of the city council shall be open to the public as provided in the Charter, Article XVIII, Section 4, and Texas Government Code Section 551.001 et seq. Sec. 2-52. Quorum. Four members of the city council shall constitute a quorum. Sec. 2-53. Minutes of meetings. An account of all proceeding of the council shall be kept by the city secretary and shall, upon approval by city council, constitute the official record of the city council. Sec. 2-54. Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. Sec. 2-55. Right of floor. Any member desiring to speak shall be recognized by the chair and shall confine his or her remarks to the subject under discussion or to be discussed. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. Sec. 2-56. City manager. The city manager shall attend all city council meetings unless expressly excused. The city manager may make recommendations to the city council and shall have the right to take part in all discussions of the council, but shall have no vote. Sec. 2-57. City attorney. The city attorney shall attend all meetings of the city council unless expressly excused and shall upon request give an opinion, either written or oral, on questions of law. The city attorney shall act as the city council's parliamentarian. Sec. 2-58. City secretary. The city secretary shall attend all meetings of the city council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the council. Ordinance No.XXXX Page 2 of 11 Sec. 2-59. Officers and employees. Any officer or employee of the city, when requested by the city manager, shall attend any meeting of the city council. If requested to do so by the city manager, they may present information relating to matters before the city council. Sec. 2-60. Rules of order. Robert's Rules of Order, Newly Revised, shall govern the proceedings of the city council in all cases unless they are in conflict with these rules. Sec. 2-61. Suspension of rules. Provisions of section 2-70 shall not be suspended. Any other provisions of these rules not governed by state law, the city Charter, or city Code may be temporarily suspended by a unanimous vote of all members of the city council present and voting. Sec. 2-62. Amendment of rules. These rules may be amended, or new rules adopted by a majority vote of all members of the city council, provided that the proposed amendments or new rules shall have been introduced into the record at a previous meeting of the city council. Sec. 2-63. Types of meetings. (a) Regular meetings. The city council shall meet in the council chamber of the city hall on the second and fourth Monday of each month at 7.00 p.m. unless otherwise officially established by the city council. The call for and conduct of all meetings of the city council, shall be in accordance with Texas Government Code Ch. 551, known as the Texas Open Meetings Act. This change shall be in full force and effect from its date of passage and approval. (b) Special meetings. Special meetings may be called by the mayor or any four members of the city council. The call for a special meeting shall be filed with the city secretary in written form, and any notice of such meeting shall be posted by the city secretary in accordance with the Texas Open Meetings Act. (c) Recessed meetings. Any meeting of the city council may be recessed to a later time provided that no recess shall be for a longer period than the following regular business day, unless such meeting notice is posted again in accordance with the Open Meetings Act (d) Emergency meetings. An emergency meeting of the city council may be called by the mayor or any three members of the city council if an emergency or urgent public necessity exists as defined by the Open Meetings Act, and that requires immediate action of the city council. Notice of such meeting is sufficient if it meets the requirements of the Open Meetings Act and is posted for at least one hour before the meeting is convened. Ordinance No.XXXX Page 3 of 11 Sec. 2-64. Meeting Agendas. (a) Generally. This section shall set forth the process by which meeting agendas are set for all meetings of the city council. (b) Work session meetings. Work session meetings shall be held prior to the regular city council meeting and shall be conducted in public pursuant to a posted agenda approved by the city manager. The city council shall be free to fully discuss each item on the work session meeting agenda, to question each other and to question the staff, inquire into reasons for recommendations and to inquire as to the opinion of other council members. Each council member shall be entitled to state his or her position on each work session meeting agenda item. (c) Placing items on a meeting agenda. (1) The city manager is responsible for creating the agenda and agenda packet materials for city council meetings as directed by the city council, and in accordance with this Code and applicable state law. (2) The city manager shall place a standing item on the work session meeting agenda to allow the mayor and council members to bring forward items they wish to discuss at a future meeting. In accordance with the Texas Open Meetings Act, any discussion shall be limited to a proposal to place the item on a future agenda. If the item is to be placed on a future agenda, the city council may direct the city manager to place the item on a future work session agenda or a regular meeting agenda of the city council. The city council shall not vote or take any action on the item during the work session meeting. The mayor or any council member may request informational reports from city staff to be provided during the work session meeting. (d) Items scheduled for discussion or action on the regular city council meeting agenda. During the work session meeting, the mayor or any council member may ask clarifying questions of the staff and ask for staff evaluation of any item that is listed on the upcoming regular city council meeting agenda for discussion or action. (e) Vote on items of procedure. The council shall be entitled to vote on items of procedure pertaining to the work session meeting. Sec. 2-65. Chair and duties. (a) Chair. The mayor, if present, shall preside as chair at all meetings of the council. In the absence or disability of the mayor, the mayor pro tem shall preside. There shall be a deputy mayor pro tem, who shall preside in the absence or disability of both the mayor and the mayor pro tem. There shall also be an associate mayor pro tem, who shall preside in the absence or disability of the mayor, the mayor pro tem, and the deputy mayor pro tem. The deputy mayor pro tem and the associate mayor pro tem shall be selected from among the members of the council: (i) at the first regular meeting following the general city election; (ii) following the swearing in of council members upon declaration of members elected; or (iii) upon action of the city council Ordinance No.XXXX Page 4 of 11 in the event of a vacancy in either position. For meetings or events in which there exists the absence or disability of the mayor, the mayor pro tem, the deputy mayor pro tem, and the associate mayor pro tem, the city council shall elect a chair to preside until the end of the meeting or for the duration of the event. (b) Call to order. The meetings of the city council shall be called to order by the mayor, or in his absence or disability, by the mayor pro tem. In the absence or disability of both the mayor and mayor pro tem, the meeting shall be called to order by the deputy mayor pro tem. In the absence or disability of the mayor, the mayor pro tem, and the deputy mayor pro tem, the meeting shall be called to order by the associate mayor pro tem. In the absence or disability of the mayor, the mayor pro tem, the deputy mayor pro tem and the associate mayor pro tem, the meeting shall be called to order by the city secretary. (c) Preservation of order. The chair shall preserve order and decorum, prevent clash of personalities or the impugning of members' motives to occur and confine members in debate to the question under discussion. (d) Points of order. The chair shall determine all points of order, subject to the right of any member to appeal to the city council. If any appeal is taken, the question shall be, "Shall the decision of the chair be sustained?" (e) Questions to be stated. The chair shall state all questions submitted for a vote and announce the result. (f) Substitution for chair. The chair may call any other member to take his place in the chair, such substitutions not to continue beyond adjournment. Sec. 2-66. Appeal of rulings of the chair. Appeal of any ruling of the chair by any council member, at any meeting, may be instituted by the words "I appeal the ruling of the chair to the council." Such member shall then state his position on the ruling of the chair. At that point the chair shall immediately call for a vote of the council upon the appeal of the chair's prior ruling. The appeal shall prevail if it passes by a majority vote of those members voting on the question and the position of the objecting member shall prevail. If the chair fails to immediately call for a vote on the appeal, the mayor pro tem shall call for a vote on the appeal and the mayor pro tem shall be entitled to a vote on the appeal. In this event, if the appeal carries, the mayor pro tem shall preside during that portion of the meeting devoted to the appealed item and may vote on any substantive or procedural motion made. These rules regarding appeal shall apply to all meetings of the city council. Ordinance No.XXXX Page 5 of 11 Sec. 2-67. Order of business for regular or special meetings. (a) Regularorspecial citycouncil meeting agenda. The order of business of each regular or special meeting of the city council shall be as contained in the city council agenda prepared by the city manager. The agenda shall be a listing by topic of subjects to be considered by the city council. The mayor or any council member may request to add an item to the regular or special meeting agenda by proceeding with the agenda setting process set forth in section 2-64 of these rules of procedure. The proposed agenda and agenda packet shall be delivered to members of the city council each Thursday preceding the Monday evening meeting to which it pertains. (b) Consent agenda. In preparing the agenda, the city manager shall give consideration to the number and degree of complexity of items to be considered by the city council for the purpose of conserving the council's time in meetings. Items which are anticipated to be routine and require little or no consideration by the council shall be considered as a part of the "consent agenda." Prior to taking up the consent agenda, the mayor shall determine if there are any items thereon which should be removed from the consent agenda for discussion. Any council member may, upon request, remove any item from the consent agenda for discussion and individual action. Thereafter, all remaining consent agenda items may be acted upon by a single motion approving the consent agenda. (c) Council communications. The city manager shall provide the city council with a written analysis of and recommendation of items to be acted upon by the city council at its meetings. These communications shall be delivered to city council members along with the proposed agenda and agenda packet each Thursday preceding the Monday meeting at which they will be discussed, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. (d) Oral presentations by city manager. Matters requiring the council's attention or action which may have developed since the deadline for delivery of the written council communication (subsection (c) of this section) may, upon approval of the city council, and after satisfying the requirements of the Open Meetings Act, be presented orally by the city manager. (e) Presentations by the public. (1) Citizens presentation. The citizens presentation portion of the city council meeting is set for members of the public to address the city council on any item of business that is not listed on the agenda or that is not scheduled as a public hearing. Members of the public should complete a public meeting appearance form prior to the item being heard and present it to the city secretary. Such public appearance forms will state the rules for citizens presentation by the public and an acknowledgment by citizens that they understand and will adhere to the rules when addressing the city council. (2) Public comments. Any person wishing to address the city council during a regular or special meeting about any matter listed on the agenda but that is not scheduled Ordinance No.XXXX Page 6 of 11 as a public hearing shall complete a public meeting appearance form and present it to the city secretary prior to the matter being reached. Public comments are generally permitted at the beginning of the regular meeting, after ceremonial items, as specified on the agenda. Public comments are limited to matters within the subject matter jurisdiction of the city. (3) Public hearings. Any person wishing to address the city council during a regular or special meeting regarding an item listed on an agenda which is scheduled as a public hearing may complete a public meeting appearance form and present it to the city secretary prior to the matter being reached. Comments regarding an item scheduled as a public hearing shall be made at the time of the public hearing for that item. (4) No person may speak without first being recognized by the mayor. All persons wishing to address the city council shall be limited to three (3) minutes each and a cumulative limit of thirty (30) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. Any such time limits may be extended by majority vote of the council. The mayor may, with the concurrence of the city council, alter any of the enumerate time allocations based on the complexity of the item and the number of persons wishing to speak on the item. (5) In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of individuals wishes to address the council on the same subject matter, those individuals are encouraged to designate a spokesperson to address the city council. A spokesperson speaking for ten (10) or more individuals present in the council chambers shall be limited to a ten-minute presentation. Other members of the group cannot speak. The mayor or city secretary must be advised prior to the start that a group presentation will be made. The mayor may ask group members to stand to confirm ten individuals are present. (6) During public hearings, no person will be permitted to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the mayor, but may be appealed to the full city council. (7) Public meeting appearance forms may be used by members of the public who do not wish to or cannot verbally address the city council during a meeting. A person may indicate his comments and support or opposition for an agenda item on a public meeting appearance form. During the public testimony regarding the item, the mayor or city secretary will indicate that the city council has received written comments from (name of persons) in support of the project or issue and from (name of persons) in opposition. The minutes will reflect the city council's receipt of written comments in support or opposition of the project or issue. (8) A speaker shall not present the same or substantially the same items or arguments to the council repeatedly or be repetitious in presenting their oral comments. Nothing in the foregoing precludes submission of comments to the city council in writing, for such action or nonaction as the council, in its discretion, Ordinance No.XXXX Page 7 of 11 may deem appropriate. No person may speak twice to the same item until all persons wishing to speak have been recognized. A person will only be allowed to speak a second time when there is new evidence to present and the mayor, with the concurrence of the city council, rules that there is good cause to do so. (9) In compliance with the Texas Open Meetings Act, if a member of the public or a member of the city council inquires about a subject for which notice has not been given and is not listed on the meeting agenda, the mayor or the city manager, or his designee, may provide a statement of factual information or reference an existing policy in response to the inquiry. The city council shall not discuss, deliberate or vote on any matter not listed on the agenda, including those matters raised in citizens presentation, public comments or public hearings. Any requests or proposals for future agenda items resulting from presentations by the public shall be made by the mayor or city council member in accordance with Section 2-64 of these rules of procedure for placing items on meeting agendas. (10)The mayor should announce at the beginning of each meeting the need to maintain proper decorum in order to hear all view points and to refrain from speaking while others are speaking, clapping, etc., to express support or opposition to comments made. (11) No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any member of the council, city staff, or member of any city board or commission. Any such attack or attempted attack may be challenged with a point of order or the mayor may interrupt an offending speaker to enforce this rule. Sec. 2-68. Consideration of ordinances, resolutions, and motions. (a) Printed or typewritten form. All ordinances and resolutions shall be presented to the city council only in writing. (b) City attorney to approve. All ordinances and resolutions shall be approved as to form and legality (see Charter Article VI, section 6) by the city attorney. (c) Ordinances, when effective. Unless otherwise provided by applicable law, all ordinances, except those prescribing a fine or penalty, shall be effective from and after the date of passage, which may be upon one reading only; any ordinance prescribing a fine or penalty shall be effective from and after the publication thereof in the officially designated newspaper of the city. (d) Distribution of ordinances. The city secretary shall prepare copies of all proposed ordinances for distribution to all members of the city council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. (e) Recording of votes. The vote of each council member shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the city council. Ordinance No.XXXX Page 8 of 11 (f) Majority vote required. Approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority of all members of the city council present at the meeting at which the vote is taken, except as otherwise provided for in these rules or by state law. (g) Tie vote. In the event of a tie vote on any motion, the mayor shall vote to break the tie. (h) Voting required. No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial interests are involved, or unless excused by the mayor for other valid reasons. (i) Order of precedence of motions. The following motions shall have priority in the order indicated- (1) Adjourn (when privileged). (2) Take a recess (when privileged)*. (3) Raise a question of privilege. (4) Lay on table. (5) Previous question (two-third vote required). (6) Limit or extend limits of debate (two-thirds vote required)*. (7) Postpone to a certain time*. (8) Commit or refer*. (9) Amend*. (10) Postpone indefinitely. (11) Main motion*. *Can be amended, others cannot. (j) Reconsideration. A motion to reconsider any action of the city council can be made not later than the next succeeding official meeting of the city council. All motions, discussions and actions to be reconsidered shall be submitted to the city manager to be listed on the agenda at the formal official meeting. The city manager shall not be authorized to list same on the work session agenda. A motion to reconsider can only be made by a member who voted with the majority. It can be seconded by any member. The motion to reconsider shall require a majority vote to carry. If the motion to reconsider passes, the city council shall reconsider and take action on the corresponding item. No question shall be reconsidered twice except by unanimous consent of the city council, except that action relating to any contract may be reconsidered at any time before the final execution thereof. (k) The previous question. When the previous question is moved and seconded it shall be put as follows, "Shall the main question be now put?" There shall be no further amendment or debate; but pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question Ordinance No.XXXX Page 9 of 11 remains before the city council. An affirmative vote of two-thirds of the city council shall be required to move the previous question. (1) Withdrawal of motions. A motion may be withdrawn, or modified by its mover without asking permission until the motion has been stated by the chair. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the council. (m) Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but more than one amendment to an amendment shall not be in order. (n) Appropriation of money. Before formal approval by the city council of motions providing for the appropriation of money, information must be presented to the city council showing the purpose of the appropriation and the account to which it is to be credited. In addition, before finally acting on such an appropriation, the city council shall obtain a report from the city manager as to the availability of the appropriation. (o) Transfer of appropriations. Upon written recommendation of the city manager, the city council may at any time transfer an unencumbered balance of an appropriation made for the use in one department or division to any other department or division. SECTION 3: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4: 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 in the Code of Ordinances of the City of North Richland Hills 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 5: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance No.XXXX Page 10 of 11 ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9: This Ordinance shall be in full force and effect from and after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 1 1t" day of December, 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 RECOMMENDED: Mark Hindman, City Manager Ordinance No.XXXX Page 11 of 11 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Approve minutes of the October 23, 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 October 23, 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 OCTOBER 23, 2023 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 23rd day of October at 6.00 p.m. in the Council Workroom prior to the 7.00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 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 Absent: Rita Wright Oujesky Place 2 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 6.06 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. City Manager Mark Hindman informed City Council that staff recommends no action be taken on item E.5, RFP 23-024, water meter installation services to Vanguard Utility Service. October 23, 2023 City Council Meeting Minutes Page 1 of 12 2. DISCUSSION OF POSSIBLE REVISION TO CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO ADD THE RE (RESIDENTIAL ESTATE) ZONING DISTRICT. Director of Planning Clayton Comstock provided an overview of the new residential estate land use designation adopted by the Vision203O Land Use Plan. The designation is the result of discussion by staff, citizens, and City Council to provide a transition adjacent to estate lots (Little Ranch Road, Meadow Creek Road, Meadow Road, Douglas Lane and north of Bursey Road around Valley Drive and Continental Trail). The residential estate land use provides an option for transitional properties between lower-density and higher-density single-family lots. Characteristics of the zoning district include less than two dwelling units/acre, large lots, estate style fencing, rural street design and barns and livestock. City Council directed staff to create a new zoning district for residential estate with a minimum lot area of 20,000 square feet. FUTURE AGENDA ITEM(S) There were no items presented for this category. EXECUTIVE SESSION 1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - 6701 DAVIS BOULEVARD Mayor Trevino announced at 6.14 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072: Deliberate the purchase, exchange, lease, or value of real property - 6701 Davis Boulevard. Executive Session began at 6.18 p.m. and concluded at 6.32 p.m. Mayor Trevino announced at 6.32 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order 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 October 23, 2023 City Council Meeting Minutes Page 2 of 12 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 A.1 INVOCATION Deputy Mayor Pro Tem Turnage gave the invocation. A.2 PLEDGE Deputy Mayor Pro Tem Turnage 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. Holly Gardner, 7624 Terry Drive, provided an overview of her research on avian influenza. Mr. Matt Reed, 5145 Gentling Place, asked City Council to consider the following recommendations to staffs proposed ordinance addressing backyard chickens - (1) 30 foot distance from adjacent homes; (2) chicken coops defined as temporary accessory structure with three-foot to a maximum of five-foot setback; (3) flexible fencing required only for exercise yard; (4) no minimum single-family property size; (5) number of chickens allowed scaled by property size; and (6) similar permit process as dogs/cats and site visits only in the event of a complaint. 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. October 23, 2023 City Council Meeting Minutes Page 3 of 12 B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY COUNCIL MEMBER WRIGHT OUIESKY TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. BA APPROVE MINUTES OF THE OCTOBER 9, 2023 REGULAR CITY COUNCIL MEETING. B.2 PLAT23-0048 CONSIDERATION OF A REQUEST FROM CONVERGENCE CAPITAL FOR A FINAL PLAT OF BERRY CREEK VILLAGE PHASE 2, BEING 4.302 ACRES LOCATED IN THE 9000 BLOCK OF MID-CITIES BOULEVARD. B.3 AUTHORIZE PURCHASE OF FITNESS EQUIPMENT FOR THE NRH CENTRE FROM ADVANCED EXERCISE IN THE AMOUNT OF $118,511.05, BUY BOARD CONTRACT NO. 665-22. C. PUBLIC HEARINGS CA ZC23-0061, ORDINANCE NO. 3820, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM PHARAOH INC. FOR A SPECIAL USE PERMIT FOR A NON-TRADITIONAL SMOKING BUSINESS AT 7653 BOULEVARD 26, BEING 2.8 ACRES DESCRIBED AS LOT 6, BLOCK 1, NORTH HILLS VILLAGE. DENIED 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 special use permit for 2.8 acres located at 7653 Boulevard 26. The area is designated on the Comprehensive Land Use Plan as retail commercial and the current zoning is C-2, commercial. Mr. Comstock provided site photos of the property. Applicant representative Alberto Lorenzo, 1822 Silverwood Lane, Plano Texas was present on behalf of Pharaoh CEO Ali AI-Moradi. Mr. Comstock presented staff's report. He informed City Council that the special use permit is associated with the land use and is not tied to the tenant or business. The Development Review Committee noted two conditions for approval - (1) replace any October 23, 2023 City Council Meeting Minutes Page 4 of 12 non-conforming walk pack and flood light fixtures with confirming fixtures and (2) enclosures for all refuse containers on the lot. The Planning and Zoning Commission, at their October 19, 2023 meeting, recommended denial with a vote of 4-2. The applicant has appealed the decision of the Planning and Zoning Commission to the City Council. Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER COMPTON TO DENY ORDINANCE NO. 3820. MOTION TO DENY CARRIED 7-0. C.2 ZC23-0079, ORDINANCE NO. 3821, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ERIC CURTIS FOR A REVISION TO A RD-PD (REDEVELOPMENT PLANNED DEVELOPMENT) AT 8300 STARNES ROAD, BEING 0.54 ACRES DESCRIBED AS LOT AR2, BLOCK 2, CRESTWOOD ESTATES 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 revision to a redevelopment planned development for 0.54 acres located at 8300 Starnes Road. The area is designated on the Comprehensive Land Use Plan as retail commercial and the current zoning is RD-PD, redevelopment planned development. Mr. Comstock provided site photos of the property. Applicant Eric Curtis, 8300 Starnes Road, owner of Urban Fire House is requesting the expiration date of the conditional use for the event center be removed from the zoning standards. He provided an overview of the events hosted at the venue since their opening in 2019. Gateway Church has allowed Urban Fire House to utilize their parking lot and they utilize off-duty North Richland Hills police officers to provide pedestrian assistance to cross the street. Mr. Curtis stated that they have a parking agreement with Gateway Church through November 30, 2025. Mr. Comstock presented staff's report. City Council originally approved the RD-PD in February 2018, and it was amended in May 2019 to allow the event center use. The event center use was approved as a conditional use for a two-year period and allowed the property owner to seek approval to continue the event center on a temporary or October 23, 2023 City Council Meeting Minutes Page 5 of 12 permanent basis. The applicant is requesting to change the conditional approval to a permanent use. The Planning and Zoning Commission, at their October 5, 2023 meeting, recommended approval with a vote of 5-0. Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER WRIGHT OUIESKY TO APPROVE ORDINANCE NO. 3821, AND TO REMOVE THE TEMPORARY STATUS OF THE EVENT CENTER AND MAKE IT PERMANENT. MOTION TO APPROVE CARRIED 7-0. C.3 ZC23-0081, ORDINANCE NO. 3822, 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 FROM THE OCTOBER 9, 2023, CITY COUNCIL MEETING). APPROVED Mayor Trevino announced that the public hearing for this item was opened at the October 9, 2023 City Council meeting. He called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a special development plan for 0.82 acres located at 6820-6828 Mickey Court. The area is designated on the Comprehensive Land Use Plan as urban village and the current zoning is transit oriented development. Mr. Comstock provided site photos of the property. Mr. Josh Eames with Presidium, located at 3100 McKinnon, Suite 250, Dallas, Texas presented the request. In June 2023, the City Council approved Presidium's mixed-use development located to the south of this property. The development included commercial buildings on the north side of Main Street. The Masonic Lodge is currently located on Main Street and Presidium proposed to construct a new building for the Masonic Lodge. Mr. Comstock presented staffs report. The applicant seeks the following waivers from the transit oriented development (1) masonry screening wall; (2) monument sign; (3) building frontage/placement; (4) building architecture-glazing; (5) building architecture-entrance orientation; and (6) building architecture-ceiling height. The Planning and Zoning October 23, 2023 City Council Meeting Minutes Page 6 of 12 Commission, at their October 19, 2023 meeting, recommended approval with a vote of 5-1. Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. Ms. Deborah Turnage, 7015 Douglas Lane, asked why Mickey Court is designated as a thoroughfare. Mr. Brandon Arnold, 6402 Kenshire Court, Colleyville, Texas was present to represent Smithfield Masonic Lodge. He spoke in support of the request. There being no one else wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3822. MOTION TO APPROVE CARRIED 7-0. CA CONDUCT A PUBLIC HEARING AND APPROVE ORDINANCE NO. 3823, AMENDING THE FISCAL YEAR 2023-2024 ADOPTED CAPITAL IMPROVEMENT BUDGET. APPROVED Mayor Trevino opened the public hearing and called on Director of Budget and Research Trudy Lewis to introduce the item. Ms. Lewis stated that a public hearing is required for proposed amendments to the Fiscal Year 2023-2024 Adopted Capital Improvement Budget. The amendment includes additional funding for an existing project (Glenview Drive East reconstruction, ST2006) in an amount not to exceed $1,858,500. The additional funds are from Tarrant County's 2021 Transportation Bond Program. Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUIESKY, SECONDED BY COUNCIL MEMBER ORR TO APPROVE ORDINANCE NO. 3823. MOTION TO APPROVE CARRIED 7-0. October 23, 2023 City Council Meeting Minutes Page 7 of 12 D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS EA APPROVE RESOLUTION NO. 2023-080, APPROVING AN ADVANCE FUNDING AGREEMENT WITH TXDOT RELATING TO THE SMITHFIELD MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROGRAM (SD2404); TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM (TASA); PROJECT CSJ 0902-90-292 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. APPROVED City Engineer Nathan Frohman presented the item. Staff recommends City Council approve Resolution No. 2023-080, approving an advance funding agreement with the Texas Department of Transportation for the Smithfield Middle School Safe Routes to School Program project. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE RESOLUTION NO. 2023-080. MOTION TO APPROVE CARRIED 7-0. E.2 CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH CDM SMITH IN AN AMOUNT NOT TO EXCEED $432,400 FOR THE LEAD AND COPPER SERVICE LINE ASSESSMENT PROJECT (UT2302). APPROVED Assistant Director of Public Works Boe Blankenship presented the item. Staff recommends City Council approve a professional services agreement with CDM Smith for the lead and copper service line assessment project. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY DEPUTY MAYOR PRO TEM TURNAGE TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH CDM SMITH IN AN AMOUNT NOT TO EXCEED $432,400 FOR THE LEAD AND COPPER SERVICE LINE ASSESSMENT PROJECT. MOTION TO APPROVE CARRIED 7-0. October 23, 2023 City Council Meeting Minutes Page 8 of 12 E.3 AWARD RFB 23-026 TO RELIABLE PAVING, INC., FOR CONSTRUCTION OF THE GLENVIEW DRIVE EAST PROJECT (ST2006) IN THE AMOUNT OF $5,147,806.20, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE RELATED CONSTRUCTION AGREEMENT. APPROVED Mayor Trevino announced that Deputy Mayor Pro Tem Turnage has a conflict of interest and would abstain from discussion and voting on the item. Deputy Mayor Pro Tem Turnage filed an affidavit of disqualification with the City Secretary stating that his company has a business relationship with the Reliable Paving, Inc. Deputy Mayor Pro Tem Turnage left the room at 8.07 p.m. City Engineer Nathan Frohman presented the item. Staff recommends City Council award the bid to Reliable Paving, Inc. for the Glenview Drive East project (ST2006) and authorize the City Manager to execute the construction agreement. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER COMPTON TO AWARD RFB 23-026 TO RELIABLE PAVING, INC., FOR CONSTRUCTION OF THE GLENVIEW DRIVE EAST PROJECT (ST2006) IN THE AMOUNT OF $5,147,806.20, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE RELATED CONSTRUCTION AGREEMENT. MOTION TO APPROVE CARRIED 6-0-1, WITH DEPUTY MAYOR PRO TEM TURNAGE ABSTAINING. EA AWARD RFB 23-027 TO QUALITY EXCAVATION, LLC, FOR CONSTRUCTION OF THE GLENVIEW DRIVE WEST PROJECT (ST2110) IN THE AMOUNT OF $4,936,602.00, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE RELATED CONSTRUCTION AGREEMENT. APPROVED City Engineer Nathan Frohman presented the item. Staff recommends City Council award the bid to Quality Excavation, LLC, and authorize the city manager to execute the construction agreement. Deputy Mayor Pro Tem Turnage retuned to the meeting at 8.11 p.m. October 23, 2023 City Council Meeting Minutes Page 9 of 12 A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER WRIGHT OUIESKY TO AWARD RFB 23-027 TO QUALITY EXCAVATION, LLC. MOTION TO APPROVE CARRIED 7-0. E.5 AWARD RFP 23-024 FOR WATER METER INSTALLATION SERVICES TO VANGUARD UTILITY SERVICE, INC. IN AN AMOUNT NOT TO EXCEED $1,741,989.29. No action was taken on this item. F. GENERAL ITEMS FA CONSIDER RESOLUTION NO. 2023-081, APPOINTING A MEMBER TO THE TEEN COURT ADVISORY BOARD. APPROVED City Secretary/Chief Governance Officer Alicia Richardson stated that the item before them this evening is to take action on Mayor Pro Tern Deupree's recommendation to appoint a member to the Teen Court Advisory Board. City staff received Diana Goodwin's resignation from Place 7 on the Board. Mayor Pro Tern Deupree recommends the appointment of Amanda Roach to fulfill the remainder of the term expiring June 30, 2025. A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY MAYOR PRO TEM DEUPREE TO APPROVE RESOLUTION NO. 2023-081. 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 APPROVED Mayor Trevino announced there was action necessary as the result of discussion in Executive Session pursuant to Section 551.072: Deliberate the purchase, exchange, lease or value of real property - 6701 Davis Boulevard. Director of Economic Development Craig Hulse presented the item. The City and PG Investco, LLC are under contract for 9.405 acres of land. Due to certain obligations for the seller and buyer, it is necessary to amend the purchase and sale agreement. Staff October 23, 2023 City Council Meeting Minutes Page 10 of 12 recommends City Council authorize the city manager to execute a second amendment to the purchase and sale agreement with PG Investco, LLC. A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER COMPTON TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SECOND AMENDMENT TO THE PURCHASE AND SALE AGREEMENT AND EXECUTE ANY NECESSARY AND RELATED DOCUMENTS WITH PG INVESTCO, LLC FOR 9.405 ACRES AT LOT 1, BLOCK 3, SMITHFIELD ADDITION. MOTION TO APPROVE CARRIED 7-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Orr made the following announcements. Get a jump start on your holiday shopping at the NRH Senior Center's annual Arts & Crafts Fair this Wednesday and Thursday in the Grand Hall at NRH Centre. More than 60 local crafters will be participating. Visit the city's website or call the Senior Center for more details. Please join us on Friday, November 10, 2023 for a Veterans Day Celebration honoring all who have served in our armed forces. The event will begin at 11.00 a.m. in the outdoor plaza at City Hall. Visit the city's website or contact the Parks Department for more information. Early voting for the November 7, 2023 election started today and continues through Friday, November 3, 2023. Nearby polling locations include City Point United Methodist Church, the former Bursey Road Senior Center, and the Northeast Tarrant County Courthouse. You can find more information on the Tarrant County Elections website. Kudos Korner - Cindy Garvin, Rudy Martinez and Dena Pierson in Planning & Development - A business owner emailed his appreciation for the staff who assisted him with building permits: "I work with building departments all over the country and everyone in y'alls office is always so helpful and prompt," he said. Keep up the great work! I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8.19 p.m. October 23, 2023 City Council Meeting Minutes Page 11 of 12 Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer October 23, 2023 City Council Meeting Minutes Page 12 of 12 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Approve award of RFP No. 23-028 to Amusement Restoration Companies LLC for the repair and re-coating of the Accelerator waterslide at NRH2O Family Water Park in the amount of $67,500 and authorize the City Manager to execute the associated construction agreement. PRESENTER: Adrien Pekurney, Parks and Recreation Director SUMMARY: This item serves to award a construction contract to Amusement Restoration Companies, LLC for RFP No. 23-028 NRH2O Accelerator Slide Resurface Project. GENERAL DESCRIPTION: The FY 2023/2024 Aquatic Park Capital Projects includes a construction project (WP2405) with a budget of $100,000 to repair and re-coat the Accelerator waterslide at NRH2O Family Waterpark. The 4-lane, 211' long mat-racer style slide was originally constructed in 2007 and is scheduled for fiberglass restoration as a part of a routine maintenance program. Due to age, use of mats on the slide surface, and exposure to UV and chlorinated water, fiberglass ride surfaces on the Accelerator have faded and exhibit significant signs of wear. The repair process uses a specialized gelcoat product that will improve the lifespan and aesthetics of the attraction. Competitive sealed proposals were received on October 5, 2023, from the following contractors: Company Pricing Amusement Restoration Companies LLC $ 67,500 Ba num Solutions $127,025 Slide Guys Restoration, Inc. $150,000 Selection criteria included time frame for product delivery, references, warranty, and contract amount. Based on an evaluation of the selection criteria, a five-member committee recommends awarding the contract to Amusement Restoration Companies LLC. Their proposal offered the greatest value to the City within the project budget. IrLp NOKTH KICHLAN HILLS RECOMMENDATION: Approve award of RFP No. 23-028 to Amusement Restoration Companies LLC for the repair and re-coating of the Accelerator waterslide at NRH2O Family Water Park in the amount of $67,500 and authorize the City Manager to execute the associated construction agreement. CONSTRUCTION AGREEMENT THIS CONSTRUCTION e F . is :re and at te. ,e i od. la Amusement Restoration Companies, LLC, �h reinauer reierred no as Cururaeuor"). . arncr rrne CITY NORTH RICH HILLS,,TEXAS,a municipal corporation(luereinaflrer referred to as"City"),to he effective frorrrn and after the date hereinafter,provided. For and in consideration of the covenumts and a eeinernts contained herein, and for the murte.ral henefifs to be obtained berebv.the arties�hereto au?r�e as follow'... Im The parties agree that the contract documents shall consist of the follow lir1rgr I a This site r.ned Construction greerrme°iA; . The Contractor's Response to RFP#23-0 ( lersaeti1s listed h low) a. 'roml conditiolls, dm Non-Coiiursiocn Affidavit, e. Bid Certification, da Conflict of Interest Qunestimmaire, em l°.micot Conditions, fM Pr feet Guidelines for Corrqwtirive Sealed Proposals, sy. 1 roreelsal Fnrm.. thaw dderndu m#l, 3. Payment Bond; . Insurance Certificate(s) 5. 1295 Form t irese contract documents fo nrn nne eornsinicuiorr a reernernu and are a parr or: rims constructionagreement as if filly set forth lrereirn the contract d(x urrnernts are complementary ernt:ary and what is called for by one shall he as binding as if called for by all. In the event of an inconsistency in any of the piovisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are lusted above., THE WORKS If. Cotdractur shall provide all labor, w— ervisio�n, rrraterials and e Cui r e rt necessary to perform all. work mqur.i ed by the contract doeuunnnetntnu in connection with the cortstrur tiorn TIME OF COMMENCEMENT. COMPLETION . Contractor shall eomirrernce work within tern(10)calendar days after receiving from(73ty a nfi(:T to Proceed. (70wractor a r e%t'har:all work lwemumder shall be cx)mnlete wilhin ,55 calendar days from Notice to Proceed eed which.will be the date of Submantial m Completion. _.�... 1 Initial vc*6n M e*Parks and r��. voiioa), �1� ��" � ��w "r ,��"�� .�'��M�;r'�Q'A0 3 ��e)�,'�0�.4� 'ONTRACT SU-M W. The City shaft. ay" the Cuntracaur w ei4rrently availlablic-funda'. fivn tlw pei'furloali'QQ offl-Ic work, subject ject to additions and deductions by change orders as provided in the contract documents, the amount of SIXTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS($67,500.00). Payment will be due upon cornpletion of work and acceptance of the work by the City, CHOICE OF LAW: VENTIF V. The parties agree that the laws oft e State of Texas shall govern the interpretation,validity, performance and enforcement of this construction agreement,and that the exclusive venue for any legal proceeding involving this construction agreement shall, be Tarrant County, Texas.No additional work shall be authorized or charged for unless authorized by a chartge order signed by a person authorized by the City to do so. in the event of-litigation between the parties, the prevailing party shall be entitled to reasonable attomey's fees that are necessary.equitable and Just,in accordance with applicable law,and as awarded by a court of competent jurisdiction. INSURANCE V1. The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of, RFP #23-028, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compim6ation insurance, must be subinitted with ine contract. insurance coverage must also cover an subcontractors empioveci by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT V11. This construction agreement, including the contract documents listed in Paragraph I represents the entire and uiwgratcud agrccment bc+LA'ccn City and the Contractor, and supeuscdus all prim negotiations, or dg1;cC111QR[s' ciffier wriiii;n oi- oral. This construction agreement may tie amendea only by written instrument signea DY born City and Contractor. EFFECTIVE DATE Construction -nt(Parks and Recreation).Page 2 of 3 CA-CONTRACT NO.PAR0003 20201120 Initial Her V ill. This construction agreement, h ll be effective upon the date of execution n by the City of North Richland Hills City a anag r. IN WITNESS WHEREOF, the parties have executed this construction ction ar ettlent upon the year and date indicated beneath their signatums hereto. CITY OF NORTH RIC,:HC AND HILLS Amusement Restoration Companies,LL YM ...m w mmm „, m.. .. City Manager Matthew Gardiner TITLE:-�QW—Tim- 7 1 2 T TEST: ATTEST. � A- ll _ .__................. YiTLE Alicia Richardson, City Secretary/Chief Gcuvemaxic Officer APPROVED AS TO f,'ORM AND LFGALITY: NR14 Council Action Y/N Date pproved-,.. Ord!Res No hu m.. Ationicy ._,. .. c6tAaIlscrucithm slii �.w(Parks and Rmw:alra�ara).Paago 3 of 3 CA CONTRACT NO.PARW03 2020 1120 N o K T H R I C H L A N U HILLS iq RH T H E CITY OF: CHOICE PURCHASING DEPARTMENT REQUEST FOR PROPOSAL 23-028 NRH2O ACCELERATOR SLIDE RESURFACE PROJECT 9001 BOULEVARD 26 BIDS DUE THURSDAY, SEPTEMBER 28, 2023 BY 2:00 P.M. Contents INVITATION TO BID...................................................................................................................3 GENERAL CONDITIONS ............................................................................................................4 MINIMUM INSURANCE REQUIREMENTS.--..--.-----..-...-..--..--.. 11 NON-91"(]LLO8BON AFFIDAVIT OF BIDDER..........................................................................22 BID CERTIFICATION -.-.-.--'.--.-....-...----...--..--.--...--...-.23 COMPLIANCE WITH HOUSE BELL I295..................................................... ..........................24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY ................................................25 CONFLICT QFINTEREST QUESTIONNAIRE...-...--------..--..--.--,..,-..26 CONTRACT CHANGES GRID .................................................................................................. 29 CONFIDENTIALITY OF PROPRIETARY INFORMATION---.-----------..-- 30 PROJECT CONDITIONS..................................................................................3l PROJECT GUIDELINES FOR COMPETITIVE SEALED PROPOSALS ................................40 INVITATION TO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 23-028 ➢ Bid Type: REQUEST FOR PROPOSAL ➢ Bid Name: NRH20 ACCELERATOR SLIDE RESURFACE PROJECT 9001 BOULEVARD 26 ➢ Pre-Bid Conference: 09:00 A.M. Central Standard Time Thursday, September 14, 2023 ➢ Location: 9001 Boulevard 26,North Richland Hills,TX 76180 ➢ Bid Due Date: Thursday, September 28, 2023 ➢ Bid Due Time: 2:00 P.M. Central Standard Time ➢ Deadline for questions: Date: Thursday, September 21, 2023 Time: 12:00 P.M. Central Standard Time DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: www.publicpurchase.com No oral explanation in regards to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendurns will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. All bid responses must be turned in complete from cover page to the last page of the bid — pages in order. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. 3 GENERAL CONDITIONS In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his/her bid are submitted to the Public Purchase website on or before 2:00 P.M. Thursdgy, September 28, 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 night to waive any irregularities and to make the award in the best interest of the City. 4. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial statement experience and equipment, questionnaires, or qualification statement; 4 g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind,which in the Owner's opinion may disqualify the Bidder. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price; terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, General Conditions and Specifications; i) Results of testing, if required; J) Warranty and/or guarantee, maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the night 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 ?fall 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. ASSIGN 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 5 The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance,written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALESTAX 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 tic bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tic 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 6 No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City(CMA-074, Standards of Conduct, Section IV). 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder, and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement, and including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. 7 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit,including self-insurance. 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100) percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or 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: 8 Vendor agrees per SB 252 of the 85' Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code, vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. [ ] Yes, we agree No,we do not agree By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subject to the contract prohibition under Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment - The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to me. I understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. https://www.nrhtx.com/DocumentCenterNiew/389/Code-of-Ethics---PDF?bid1d ] 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. 9 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 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. 10 MINIMUM INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and 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. F Commercial General Liability ❑ Automobile Liability L] Workers' Compensation & Employer's Liability LJ Payment and Maintenance Bond(if applicable) *See Exhibit A for insurance language to include in general contracts for services* Professional Services: Consultants or other professionals 'including: accountants, attorneys, architects, engineers, medical professionals, medical services, etc. ❑ Commercial General Liability ❑ Automobile Liability F1 Workers' Compensation& Employer's Liability ❑ Professional Liability or equivalent Errors & Omissions (appropriate to Contractor's profession) *See Exhibit B for insurance language to include in professional services contracts* Construction: Building contractors for construction projects. F Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation& Employer's Liability L Professional Liability(if applicable for design function) 11 ❑ Builder's Risk(required for new or existing property under construction) ❑ Payment and Maintenance Bond(if applicable) *See Exhibit C for insurance language to include in construction contracts* Information Technology/Network Access Services: For the purchasing and installation of technology-related software and equipment or contracting services that support, maintain or interact with the CITY'S technology systems. F1 Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation& Employer's Liability U Professional Liability(if applicable) F� 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 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. 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. 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. 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. 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 (1001/o) 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. 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. 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. 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. 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. 21 NON-COLLUSION AFFIDAVIT OF 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, f= 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 2023. NOTARY PUBLIC in and for County, Texas. My commission expires: THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID 22 BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: ADDRESS: CITY, STATE &ZIP: TELEPHONE: FAX EMAIL: SIGNATURE: PRINTED NAME: DATE: 23 COMPLIANCE WITH HOUSE BILL 1295 In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either(1)requires an action or vote by the governing body of the entity or agency before the contract may be signed or(2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295.A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title. 4) Sip the printed copy of the form(an authorized agent of the business entity must sign), 5) Either include your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at https://www.ethics.state.tx.us/whatsnew/elf info—forml295.htm. 24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process.Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P O Box 13186,Austin,TX 78711-3186 (512)463-5872 http://www.window.state.tx.us/procurement/pro g/hub/hub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington,Texas 76011 (817) 640-0606 httv://www.nctrca.org/certification.html If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 25 CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North Richland Hills must file a completed conflict of interest questionnaire. The conflict of interest questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland Hills an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C misdemeanor. The Conflict of Interest Questionnaire is included as part of this document and can be found at: hqps:/ vww.ethics.state.tx.us/data/forms/conflict/CIQ.pdf To be considered for award, the Conflict of Interest Questionnaire is required to be completed with dated signature. 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.23,64th Log.,Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date P;coiyod his a business relationship as defined by Section 176.001f1-a'.with a local governmental entity and the vendor meets requirements under Section 176.006W. By law this questionnaire Must to filed with die records administrator of die local governmental entity not later than the 7di business day after the date the vendor becomes aviara of facts that require,tins statement to be I'llad, S"Section 176.006(a-1).Local Government Code. A vendor commits an offense I 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. 21 El Check this boxif you affefilling an update to apreviGuisly filed questionnaire.(The law requires thatyou file an updated cornpleled questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 31 Name oflocall government officer about whom the information is ling disclosed. Name of Officer 41 Describe each employment or other business relationship with the local government officer,or a family member of the officer,an described by Section 176.003(a)(2)(A). Also describe any family relledonshilp,with the local government officer. Complete subparts Aand B for each employmentor business relationship described.A ch additional pages tolhis,Form CIO as necessary. A. Is the local govemment officer or a family member of the officer receiving or likely to receive taxable income, other than investment inwine,from the vendor? L1 Yes L-1 No B. Is the vendor receiving or likely to receive taxable income,other than investmend income.from or at the direction of the local government officer or a family mernber of the officer AND the taxable income is not received from the local governmental entity? 0 Yes No Describe each employment or business relationship that the vendor named In Section I maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director-or holds an ownership interest of one percent or more. E:1 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(a1r;2)-.0i, excluding gifts described in Section 176.003-'a-1). Signature,of vendor doing business with ilia govwrirnantal antirl Date Form provided by Texas Ethics Commission www.eINes.state.tx.us Revised 11i3042015 27 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acamplote copy of Chapter 176 of the Local Government Code may be found at http:;,;www.statutes.leg is,statG.tx.0 s! Dccs!LG/-htm.!LG.1 76.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"moans 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 clafederal,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 A 176.003(a)(2)(A)and(B)- fa) 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 Gxr-GGds$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; a (H) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government off iceror aiamily member of the officer one or more gifts that have an aggregate value of more than$100 in the 1 2-month period preceding the date the officer becomes aware that: (1) acontract 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 9 176.006(a land a-11 (a) A vendor shall file a completed conflict of interest questionnaire 11 the vendor has a business relation ship 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(a1(21( 1; (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-11;or (3.) has a family relationship with a local government officer of that local governmental entity. (a-1) The corn pleted conflict of interest questionnaire must be filed with the appropt iate 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 descri bed by Subsection(a);or (0) of a family relationship with a local government officer. Form provided by Texas Ethics Commission kvww.e th ics.S t Elt e.U.LIS Revised 11,'20.'2015 28 CONTRACT CHANGES GRID The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terms and Conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID Proposed Contractor/Bidder ("Contractor" or "Bidder"), submits the following modifications to the City's Standard ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s) proposed by Contractor; however, the City agrees to negotiate in good faith in consideration of Contractor's request, subject to legal requirements, City policies and advice of the City Attorney. Section /Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only) City Response: Accepted Not Accepted Modified 29 CONFIDENTIALITY OF PROPRIETARY INFORMATION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to disseminate information submitted by all Proposers to selected staff, any consultants employed by the City, and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee members shall maintain the Proposers' information as confidential to the extent permitted by law. All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552, the Texas Public Information Act (the"Act"). If a Proposer does not desire proprietary information in the proposal to be disclosed, it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Proposer fails to identify such information as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deerned 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. 30 PROJF,CT CONDITIONS 1. OWNER AND CONTRACTOR The Owner and Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the contract documents as if singular in number and masculine in gender. The Project Manager shall be understood to represent the Owner. The duties, responsibilities and limitations of authority of the Project Manager as the Owner's representative during construction are as set forth in the contract documents and shall not be extended or limited without written consent of the Owner. 2. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), insurance certificate, general conditions, Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the contract documents, priority of interpretation shall be in the following order: Signed contract agreement, performance and payment bonds, Contractor's proposal, Notice to Contractors, Specifications, Plans, and General Conditions of Agreement. 3. SUB-CONTRACTOR The term Sub-Contractor, as employed herein, shall include only those having direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 4. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the Corporation for whom it is intended or if delivered at or sent by regular mail to the last business address known to him who gives the notice. 5. WORK The Contractor shall be responsible for registering with the City's Building Inspections Division and paying the appropriate fee. The Contractor shall obtain all permitting and request all inspections that are necessary for the completion of the work. If the contractor performs any work in the Public Right of Way, he will be responsible for filling out a Right of Way construction permit and filing it with Public Works. The City will not charge for pen-nits or inspections on this project. Contractor to provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. All materials shall be new, and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work 31 described in words that so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. 6. SITE OBSERVATION BY PROJECT MANAGER The Project Manager shall make periodic visits to the site to familiarize him or her with the progress of the executed work and to determine if such work meets the requirements of the specifications and contract documents. Any review of work in progress, or any visit or observation during construction by the Project Manager is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Project Manager, whether called to the Contractor's attention or not shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 7. PAYMENTS FOR WORK FOR PROJECTS UNDER$100,000 Payment will be due upon completion and acceptance of work performed by the contractor. If the contractor desires monthly payments as the work progresses, the Contractor shall furnish a performance bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of this contract. With the appropriate performance bond, The Contractor shall submit monthly Applications for Payment to the Landscape Architect by the last day of the month, on AIA G702 for approval. Continuation sheets shall be submitted on AIA Form G703. If the Landscape Architect certifies the application, then they shall submit a Certificate for Payment to the Owner. Materials that are verified to be on the jobsite may also be incorporated into the Application for Payment. The Landscape Architect shall have seven (7) days from date of receipt from the Contractor of an Application for Payment to approve or reject all or any part of the Application for Payment. The Owner shall pay the undisputed amounts certified by the Landscape Architect to the Contractor within thirty (30) days of receipt of the Certificate of Payment from the Landscape Architect, unless otherwise provided in the contract Documents. The contractor must complete and submit a Subcontractor and Material Supplier Payment Certification form prior to the approval of the next month's Certificate for Payment. Five percent (5%) retained earnings will be withheld from payment of completed work and shall be so indicated on each application for payment. Retained earnings will be paid to the Contractor upon final acceptance of the project by the Owner if all subcontractor work and supplier material furnished for the project is complete and the subcontractors and suppliers' final payments have been made in full. The contractor must complete and submit a Subcontractor and Material Supplier Payment Certification form prior to the project's final acceptance and payment of the retained earnings. 8. CONTRACTOR'S DUTY AND SUPERINTENDENCE 32 The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent, and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees, and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. 9. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract; and agrees that whenever the Owner shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, shall be discharged from the work and shall not again be employed on the work without the Owner's written consent. 10. PRELIMINARY APPROVAL The Project Manager shall not have the power to waive the obligations of this contract for the furnishing of good material, or of his performing good work as herein described in full accordance with the plans and specifications. No failure or omission of the Project Manager to discover, object to or condemn defective work or material shall release the Contractor from obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that the Project Manager shall, upon request of the Contractor, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by the Project Manager prior to final acceptance. If found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor. 11. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any material brought on the job site for use or selected for use, shall be deemed by the Project Manager as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice from the Project Manager, remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 12. CHANGE ORDERS 33 The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the project Manager, to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent (25%) of the original contract amount. The Contractor shall submit a bid in writing to the Project Manager for approval of the work requested. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other that by said Contractor. If the Owner approves the bid for the requested change in work, a change order will be executed. All change orders shall be approved in writing by the North Richland Hills' designated representative prior to work being executed. 13. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Owner shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him. The Contractor shall keep one copy of the same constantly accessible on the work with the latest versions noted thereon. 14. OWNERSHIP OF DRAWINGS All drawings, specifications and copies furnished by the Project Manager shall not be reused on other work with the exception of the signed contract sets, are to be returned to him on request at the completion of work. All models are the property of the Owner. 15. RIGHT OF ENTRY The Owner reserves the right to enter the property or location on which the work herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 16.DISCREPANCIES AND OMISSIONS In the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Project Manager shall define which is intended to apply to the work. 17.EQUIPMENT AND MATERIALS The Contractor shall be responsible for the care, preservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work until the entire work is completed and accepted. 18.PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC 34 The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provision of Federal, State, and Municipal safety laws, building and construction codes. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 19. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, from the action of the elements, from any unforeseen circumstances in the prosecution of the same, from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 20. PROTECTION OF ADJOINING PROPERTY Contractor shall take proper means to protect all adjacent or adjoining properties in any way encountered which might be injured or seriously affected by any process of construction to be undertaken under the Agreement. Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Project Manager against any claim or claims for damages due to the injury to any adjacent or adjoining property arising or growing out of performance of the contact. Any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 21. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner effect the contract or the work. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Project Manager in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager,he shall bear all costs arising there from. 22. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or material required in the perfbrmance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 23.INDEMNIFICATION/PROTECTION AGAINST CLAIMS The City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type or description, including claims for copy-right 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 35 occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part for the negligence of the 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. The Contractor shall defend, indemnify and hold harmless the Owner and respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible property, including the loss of use and, (2) Is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Project Manager, his agents or employees arising out of the approval of drawings, reports, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Project Manager, his agents or employees, provided such giving or failure to give in the primary cause of the injury or damage. 24. WORKERS COMPENSATION INSURANCE As required by the Texas Workers' Compensation Commission Rule 28, 110.110. the Contractor shall also carry worker's compensation insurance. The Contractor's failure to comply with any of the provisions of this Rule will be considered a breach of contract by the Contractor. The City will have the right to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. The successful Contractor must provide a certificate of coverage to the City prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must file a new certificate of coverage with the City Purchasing Division showing coverage has been extended. The Contractor shall obtain from each sub-contractor providing services on the project a certificate of coverage, prior to that person beginning work on the project. Sub-contractor certificates must also be submitted to the Purchasing Division. 25. WAGE RATES The successful contractor shall be required to comply with Chapter 2258 of the Government Code with respect to the payment of prevailing wage rates. Chapter 2258 states contractors and subcontractors shall not pay less than the prevailing wage rate to all laborers, workmen, and mechanics employed by them in the execution of the contract. Contractors should familiarize themselves with the entire provision of this law and the penalties provided for its violation before submitting their bids. 36 No portion of this provision shall be construed to prohibit the payment of more than the stated wage rate to any laborer, workman or mechanic employed on the project. It shall be the responsibility of the Contractor to maintain an adequate work force whether higher wages are required or not. The State of Texas has adopted the Federal Davis-Bacon wage rates for the use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. The U.S. Department of Labor web site may be accessed at www.access.gpo.gov. to obtain the appropriate wage rates to be used in Tarrant County, Texas. It shall bethe responsibility of the successful contractor to obtain the proper wage rates for Tarrant County for the type of work defined in the bid specifications. The City may audit the contractor and all sub-contractors employed by contractor to ensure they are paying the prevailing wage rate. In the event an audit is performed, the contractor shall be required to supply a certified copy of the records showing the prevailing wage rates have been met. 26. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract,unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction;provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal. The Contractor shall submit, at such times as may reasonably be requested by the Project Manager, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 27. EXTENSION OF TIME Contractor shall give the Project Manager immediate notice in writing of any delay in completion of project. If the Owner decides an extension of time is justified, the Project Manager shall issue a written extension of time for completing the work. Extension shall be sufficient to compensate for the delay. 28.LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE WORK ON TIME The Contractor agrees that, from the compensation otherwise to be paid, The Owner may retain the sum of One Hundred Dollars ($100.00) for each calendar day after the agreed Date of Substantial Completion that the work remains not substantially complete, which sum is agreed upon as the proper measure of liquidated damages which the Owner will sustain per them by the failure of the Contractor to complete the work at the time stipulated in the contract. This sum is not to be construed in any sense a penalty. 29. PRICE OF WORK The Owner agrees to pay the Contractor for famishing of all necessary labor, equipment and material, and the satisfactory completion of all work, the prices set forth in the Proposal hereto 37 attached, which has been made a part of this contract. All materials embraced in the completion of this Contract must be in full conformity with the specifications and stipulations herein contained. 30. USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. The Contractor shall notify the Project Manager when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Project Manager, the Contractor shall furnish to the Project Manager in writing a detailed list of unfinished work. The Project Manager will review the Contractor's list of unfinished work and will add thereto such items as the contractor has failed to include. The"substantial completion"of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure of facility in accordance with the contract documents. 31.PAYMENTS WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify any certificate to such extent as may be necessary to protect himself from loss on account of. (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payments property to Sub-Contractors or for material or labor. (4) Damage to another contractor. (5) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (6) Reasonable indication the work will not be completed within contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 32. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Project Manager within ten(10) days after the Project Manager has given any directions, order, or instruction to which the Contractor desires to take exception. The Project Manager shall reply within ten (10) days to such written exceptions by the Contractor and render his final decision in writing. 33. ABANDONMENT BY CONTRACTOR If the Contractor shall fail to commence work within ten(10) calendar days after written notice to commence is served on Contractor or if the Contractor stops work or fails to pursue work in a timely fashion and fails to resume and pursue work in a timely fashion within ten (10) calendar days of a written notice of work stoppage or failure to pursue work in a timely fashion, or if the 38 Contractor fails to comply with orders consistent with the contract documents, the Owner may declare the contract abandoned and direct the surety on the performance bond with a written notice to complete the work. A copy of the notice to the surety shall be served on the Contractor. After receiving the notice of abandonment, the Contractor shall not remove any materials or supplies from the job site. After the contract is declared abandoned, the Owner shall be entitled to pursue any legal remedy and to seek damages for breach of contract from the Contractor and, to the extent that it fails to honor its obligations under the performance bond, from the surety on the bond. 34.DISCLOSURE, OF INTERESTED PARTIES House Bill 1295 amends Chapter 2252 of the Goverm-nent Code by adding Section 2252.908 regarding disclosure of interested parties. At the time that the contractor submits copies of the signed contracts, the contractor will also be required to electronically file with the Texas Ethics Commission, a completed form 1295, which discloses certain interested parties. The contractor must then print a copy of the form and certification of filing, sign the printed copy of the form, and have it notarized. The completed form 1295 and certification of filing must then be submitted along with the signed contract documents. 39 PROJECT GUIDELINES FOR COMII)ETITIVE SEALED PROPOSALS 23-028 NRH20 ACCELERATOR SLI]DE RESURFACE PROJECT 9001 BOULEVARD 26 1 North Richland Hills I TX 176180 The City of North Richland Hills (City) is requesting Competitive Sealed Proposals (23-028) to sand, caulk, repair, and re-coat the top and sides of a multi-lane mat-racer water slide at NRH20 Family Waterpark. The City will select (1) contractor to execute the scope of work. MAT RACER WATERSLIDE DESCRIPTION The 'Accelerator' is a 4-lane, 21 V long Mat-Racer style slide at NRH20 Family Waterpark. It was originally constructed in 2007 and is scheduled for fiberglass restoration as a part of a routine maintenance program. This restoration project is limited to the top and sides of the waterslide, where it is subject to damage from UV rays, heat, water, and contaminants. The underside of the ride is excluded from this request for proposals. PROJECT SCOPE 1. Submit all material specifications and Gelcoat colors to owner for review and approval prior to commencement of work. Gelcoat colors shall match original slide colors: RAL 1023 (Traffic Yellow), RAL 1028 (Melon Yellow), RAL 1003 (Signal Yellow), RAL 2003 (Pastel Orange), RAL 2009 (Traffic Orange), RAL 2002 (Vermillion). 2. Sand the entire gel coat surface with 100 grit sandpaper or as prescribed in gel coat manufacturer's preparation guidelines to provide a mechanical bond surface for the new gelcoat to adhere to. 3. Remove caulking from all slide joints to V4 inch below slide surface, clean, lightly sand and blow out all joints with compressed air followed by washing with acetone. 4. Complete any necessary repairs or reinforcement of fiberglass to be completed in accordance with industry standards and Owner approval. 5. Clean the entire surface of dust and debris by means of pressure wash followed by acetone wash. 6. Take appropriate steps to control overspray by means of overspray canopy. 7. Apply gelcoat by means of spray coat application onto the cleaned and prepped surface, to a total thickness of 20 to 24 mils wet, usually achieved by application of two spray coats. Utilize spray equipment that allows for excellent control of the entire spray process and catalyzing of the gelcoat. Final coat shall use an additive as a flow agent and LTV protectant. 8. Entire surface shall be deburred (small bits of organic debris often find their way into the uncured gelcoat, creating tiny burrs that must be removed) and any imperfect areas smoothed and touched up. 40 9. Gelcoat surface shall be 600 to 1000 grit wet sanded followed by a power buffing to produce a smooth glossy finish. 10. All slide joints shall be primed and caulked using either Sikaflex IA, 291 or 3M 4200 and tooled to leave a smooth, leak-free seam. GENERAL REQUIREMENTS 1. Materials - Materials are to meet or exceed industry standards as specified below. Contractor to provide product data sheets on all recommended products and specify by name on bid sheet. i. Waterslide caulk such as Sikaflex or other acceptable brand 11. Methyl Ethyl Ketone (MEK) Solvent iii. Spray Gelcoat 2. Experience and Certification — Selected contractor shall have a minimum of 5 years of experience in commercial waterslide maintenance and restoration, and shall be AC MA CCT Certified for Gelcoat Application. All questions for the project shall be directed to project 23-030 NRIH20 Accelerator Slide Resurface Project via Public Purchase www.publicpurchase.com. The City of North Richland Hills shall be exempt fromany liability for costs incurred by unsuccessful Suppliers in preparation of the proposals. SELECTION OF CONTRACTOR BASED ON BEST VALUE PROCESS Proposals will be evaluated, and points assigned from the ranges indicated below. Points will be assigned in each category of criteria to indicate the relative assessment of best value to the Owner represented by each proposal submittal. In the category of Proposal Amount, identical points may be awarded where the next highest proposal is not separated from the immediately lower number by more than five percent of the lower number. Proposals will be evaluated by a selection committee based on the following criteria: Criteria Points 1. Anticipated time frame for product delivery (shorter=higher score) 0 to 15 3. References-Quality and performance from previous work 0 to 20 4. Warranty 0 to 10 5. Products meet industry standards 0 to 10 7. Proposed contract amount 0 to 25 Maximum Points: 80 Following the review and evaluation of all CSP submittals, a Selection Meeting will be held. The selection committee will present their ranking, selection and justification based on the above criteria. The selection meeting will result in the selection of one proposing supplier. The award will be made to the qualified Supplier whose proposal is deemed best value to the City, based on the above criteria. 41 j AT RACER WATERSLIDE I AG-ES Aerial Photo /� � w nr 9JJ � ail P/f% Niw r s 42 View From Top of Attraction i r View of`Bottom of Attraction �i 1 fl; J V w � � r 43 PROPOSAL FORM 23-028NRH20 ACCELERATOR SLIDE RESURFACE PROJECT Date: Company Name: City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas, 76180 Proposal# 23-028 PROPOSER'S DECLARATION We, the undersigned have carefully examined the CSP and all addenda and herewith forming part of this proposal submission and have carefully examined the work sites and all requirements of this CSP. We, the undersigned understand and accept the said CSP, and for the prices set forth in our proposal, hereby offer to perform all work with our own labor, equipment, tools, apparatus and other means of work, and to complete the work in strict accordance with this CSP; and have submitted our proposal at rates that include all labor, materials, overhead and profit to comply with the CSP requirements and specifications. A. ITEM I-BASE BID/PROPOSAL(TAX EXEMPT): Cost of labor, materials and equipment required to sand, caulk, repair, and re-coat the 'Accelerator' waterslide at NRH20 Family Water Park in North Richland Hills, Texas DOLLARS NOTE: Amounts shall be shown in words and numbers. In case of ambiguity or conflict, the amount shown in words shall prevail. B. ADDENDA: Bidder acknowledges receipt of Addenda as follows: No. Date No. Date No. Date C. PROJECT COMPLETION: If selected, the project can be completed in consecutive calendar days from date of Notice to Proceed, including overtime on weekends, noting allowance for inclement weather and provisions for liquidated damages as provided for in Supplementary Conditions. The undersigned Bidder agrees to pay liquidated damages in the amount of S 100 per day to Owner for each calendar day of delay until work is substantially completed. This sum is not to be construed in any sense as a penalty. D. INSURANCE AND BONDS: If the undersigned Bidder is notified within sixty (60) days after Bid opening of the acceptance of this Bid and a contract to be awarded, he agrees to provide within ten (10) calendar days after date of Contract award a current certificate of 44 insurance certifying the required insurance coverage (see attachment `A' for additional requirements). In addition, Bidder agrees to execute the contract for the above mentioned compensations on the standard forms referenced in the Bidding Documents, and if required, further agrees to execute a surety bond for the above work. E. TAXES: The City of North Richland Hills is a tax-exempt entity. Bid amounts as stated above do not include any sales taxes and any other taxes for all labor, materials and appliances. NOTE: THE CITY OF NORTH RICHLAND HILLS HAS THE RIGHT TO SELECT ANY, ALL OR COMBINATION OF ALL BID ITEMS BASED ON THE BEST VALUE USING THE STATED CRITERIA.PRE-MANUFACTURED BRIDGES WILL BE ACCEPTED IF APPROPRIATE FOR OUR SITUATION. Note: Prior to signing below,please ensure that costs for all three items are filled out in words and numbers and that the project completion schedule is filled out in item E above. Supplier Name Signature of Officer—Title *Seal Street Address (If Bidder is a Corporation) City State Zip (Area Code) Telephone Number 45 ' CERTIFICATE OF LIABILITY INSURANCE TEI `I 1012312023 THM 6ERTIFICATE IS ISSUED AS A M`AiTER OF wFoRmATioN ONLY AND eefill NO RIGHTSTHE C T) ATE HOLDEM THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTERE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE PRODUCER,AND THE CERTIFICATE HOLDER. T : !€the certificate hoklei Is an ADDITIONAL INS y(; have INSURED provisions be if SUBROGATION IS WAIVED,s ' t to to conditions, the policy,certain policies rnay require an enftrsernent. A statement on this certificate does not confer rights to the certificate holder in lieu of such rs nt s. CAMTACT NAMe, ROUSE Kraft Is uaauau 0asx rar e s 6 aa� AAC Na PCB BOX 2667A�G�L 2701 Bird Ave INSURER S AFFORDING COVERAGE NAIC Joplin MO INSURER A: le IDSUranCe INSURED INSURER B3 Amusement Restoration Companies LLC XAA Carr antayr I ndh AmTrustinsuranceCornDamt IS EN111RE,RER E Burner TX 78611 COVERAGES CERTIFICATEtd 1REVISION THIS 1S TO CERTIFY THAT THE POLICIES O INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE'INS'�IRED'NAMED ABOVE FOR THE POLICY PERIOD IN D. NOTWITHSTANDING REQUIREMENT, CONDITION CT OTHER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE Y BE ISSUED Y PERTAIN, E INSI, E AFFORDED BY E POLICIES DESCRIBED HEREIN I.S SUF-LJECT'T'O s TERMS, EXCLU a S D CONDITIONS SUCH LIMITS SHOWN Y BEEN REDUCED BY PAID INSR_...... ...... . .... , ....-AUU °. . ....... ..WkW POLICY EFF POLICY ERF .. ... ...... .._ .. .. LT R TYPE OF IA!SUt2AdJCE POLICY NUM M FAMIBCADtYYYY LIMITS X COMMERCIAL GENERALLITY EACH OCCURRENCE S 1, ,. CLAIMS-MADE .�L.IR A .A c <• $�100 M°aEG9,..v r' e nt sun S 5, 000 A 04 2024 PERSONAL&AD`�INJURY $ 1,0W)00 GEN'L REGATU UMIT APPUenS PER 8 GENERAL AGGREGATE PDa.�CY ( of°T I. PRODUCTS-rOMP)oP AG __.. OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY r pes.. nj S OWNED H SCHEDULEq BODILY INJURY(Poor arcIdenB( S AU TOS ONLYAUTOS HIRED NON-OWNED PROPER Y DAMAGE I,�TO&ONLY. .AUTOS ONLY 'E'e t n $ .. ���"��A�DE EACH OCCURRENCE $ AGGREGATE $ CEO RETENTION S a WORKERS COMPENSATION x }ERI OT4}u O PLOYERS"L ANY PROPRIETO RTNE ECUTIVE Y f N E.L EACH ACCIDENT S 1. 66 R CLUG9ED21 H K?& , 05 27. 23. 0,5-4 24. andatary 000,000 �n P1HI. EL.N%sE. kc'-EA EMPLOYE $ 1�" " K yss,aescnk a unoer 1 E ESCI2tP C1ON OF OPERATIONS below E.L.DISEASE-POUCY LIMITS DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(ACORD I(H,AddiffJonal Remarks Schedule,may be aftchedIN more Wee Is sag ) SHOULD ANY OF THE ABOVE DESCRIBE®POLICIES BE CANCELLED BEFORE THE EXPIRATION TE THEREOF, TICE LL DELIVERED IN City of N Richland Hilts ACCORDANCE I THE LICYPR IONS, 1 City Point Dr. AUTHORIZED REPRESENTATIVE t 14.Richland.Hi .TX 7 T Raixw A.t ,._............� r 0 19 -2018 ACORD CORPORATION. ll rights reserved. (2018 ) The ACOR17 narne and logo are registered s of ACORD 0 DAMM AC40R" CERnFICATE OF LIABILIW INSURANCE F THIS CERTIFICAT15 IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDM THIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDEPL lIKPQRTA—W- If a: porlifloffitehp!- -dor IS BA-ADDITIONAL INSURED.the pooliPylkwA)Thust hAvo AMJTIONAL.INSUREDP-rQYJ-Sio-ns or be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endamement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsemant(s). PROQUIC CONTACT c;dimhsad mace _�R RAW. Inaw PHONE 0���A 7 A,1T FAX ------ IA/C.No): 1500 Solana Blvd,Bldg 4,Ste 4500 ADDRESS. %,ertficate@Goosehead.com Westlake,TX 76262 INSURER(S)AFFORDING COVERAGE NAIC 9 INSURER A: Pfugfessive Casualty tnsuramm Co INSURED INSURER 0 z Amusement Restoration Companies LLC USURER c 20q,r)Caffmnter I W.M. Bumet.''rx,78611 INSURER INSURER F: COVERAGE$ CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATLD. NOTWITHSTANDWO ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTI-IER DOCUME:NT WIT)I RESPECT TO WI HCH TI IM CkRTFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS 09 SUCH POLICIES.LUTS SHOWN&KY HAVE BEEN REDUCE[)9V PAD CLAW. TYPE OF INSURANCE POLICY NUMBER rVLV-T CAr LIMITS -LT—r- — 25-� COMMERCIAL GE#"AL LIABILRY EACH OCCURRENCE S 11 CLAMS-MADE EIOCCUR PREMIS MED EXPLAny one pmon} _ S PERSONAL&ADV INJURY $ c�EN't UlAlTAPFL*G PER: G194WAL&GGREGAT4 IS r--1— I`0kJGY't_ UUUGI5--G0W/0FAUU _J JECT L'J LOC VK AUTOMOBILE LIABILITY —2,0W,000 AUTO BOULY INJURY(Per penanl S A OWNED SCHLED 02J2W2.023 0 8120 WU 2J224 BOIDILY—RY Mer acdderg) 5 AUTOIS ONLY AUT EDUW HIRED N014-OWNED AUTOS ONLY AUrOSONLY UAIBRELAUIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ ION S KERS COnIPTIDN MPL'YER37 k7 WORKERS COMPENSATION E-15AA-R-nn.-LER AND EMPLOYEIM LYUMM YIN ANY PPROPPJETOR,'FARTNEPJFIXE.CLrTIVE NOA E.L.EACH ACCIDENT S V(C;.UDED-? (MwWatory In NH) EX,DISEASE EA EMPLOYEEl S KnNOFOPERATIONSbalm EL.DWAW MUCY U"ff DESCRIPTIC)INI OF OPERATIONStl LOCA-FIONS I VEHICLES(ACORO 101,Addivanal Renarks Schedule,m"be munched R mcn,space is requked) CAW.ELLATION, - —.111.1111 1, ................. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE,VVILL BE.OF-LIVERED IN City of North Richland Hills ACCORDANCE WITH THE POLICY PROVISIONS, 4301 City Point Drive AUTHORIF-ED REPRESENTATIVE NorM MchharW Nibs,"I" 76180 4DISM201SACORDC6 JMI!r%ft reserved. ACORD 25(MG103) The ADD name andlogo are registered mailts of ACORID CERTIFICATE 4F INTERESTED PARTIES FOR . t ref Cmiplete Nos.i-4 and 6 it there are iTgerested poves, E USE ONLY Complete Nos.T,2„3,5,and 6 it there are no interested parties, CERTIFICATION OF FILING i Name of business entity filing form,and the city,state and country of the Wsiness enthys place Certificate Number- of business. 2623-1086024 AMUSEMENT RESTORATION COMPANIES,LLC btJRNE 1, 1 A United �51ates Cate Filed, 2 Name of governmental enfity or state agency that is a party to the contract for which the form is 1012 2023 being filed. CITY OF NORTH RICHLAND HILLS,TEXAS 'Date Acknowledged- 3 Pnovide the identificiWon number used by the governmental y to track or identily the contract, a ' a amwwvmu n[w.mpmfrvx xre¢e axw wxwmm wwxsw mww nwnMn meow wawn¢wn wwmm;. 23 a NRH20 ACCELERATOR SLICE WATER SLIDE GEL.CoKr RESURFACING 4 Name Nature of interest f Interested t Ci ,C®un I e�f busines sl (check applicable) 4 trollir, l Cardirier,Matthew Burnet.TX United States Gardiner,James Franklown,CO United States Eftckk,Jahn Orrrnogo„MO United States Check n if there is NO Interested Pa 6 UN WORN DECLARATION to emaamp aIc Matthew Gardiner amj pny jst,>�u.�'I 't�i�� . My address is m "aU ��'Sa .._w lI ' I i izip " 'll" I declare under , trot perpiry that the*.+rpqoinq is tnje and conveL aecuted irn tt 'I . owrrrot fi» state of ... .6„6 „. on the_. day of October, 20 23 . ,....�. (month) It rb signwuree ratauftrized agent of caialrarting r b es Forms provided by Texas Ethics Commission .ethics.state.tx.us Version V3.5.1.cb133324 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: TR23-01, Ordinance No. 3824, Public hearing to consider amendments to Chapter 118, Article IV, Division 7, of the North Richland Hills Code of Ordinances regarding building height and fencing standards in the OC (Outdoor Commercial) zoning district. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Revisions are proposed to the zoning ordinance related to Article IV, Division 7 - Districts, regarding the building height and fencing standards in the OC (Outdoor Commercial) zoning district. GENERAL DESCRIPTION: The OC (Outdoor Commercial) district was added to the zoning ordinance as part of a major update in 1984 (Ordinance 1080). The district is intended to permit a limited variety of commercial businesses that typically require an extensive amount of outdoor use. Most of these uses are recreational in nature, such as golf courses, parks, fitness centers, and skating rinks; however, uses such as schools, churches, and public buildings are permitted. While specific information is not available, It 9 appears the district was created for use where Iron Horse Golf Course was ultimately developed. The OC (Outdoor Commercial) appears on zoning maps from 1984 in that area but over time much of that area was rezoned and developed as single-family residential property. Currently, only a 1.69 acre portion of the district exists in that area n and covers the dam and spillway of a Take in the Meadow Lakes subdivision. That particular property is owned by the Meadow Lakes HOA, is encumbered by floodplain, is unplatted, and could therefore not be developed with any other improvements. "I r*4w NOLa`C`H KIC"HLAND HILLS The only other area in the city where the district exists is along Boulevard 26. In 1992 properties were rezoned to OC (Outdoor Commercial) to accommodate the development of Mountasia and a golf driving range. While these businesses have closed, a portion of the site is being redeveloped for the Peppa Pig Theme Park. A small portion of NRH2O Family Water Park is located within the district, but most of the water park property is zoned AG (Agricultural). AG ✓ h f �/% Y 1 Y ��/� As part of the review of development projects in this area of Boulevard 26, the Development Review Committee noted that minor adjustments to the OC (Outdoor Commercial) district would be beneficial. These issues were discussed during a work session by the Planning and Zoning Commission on August 3, 2023. The input from this work session was used to develop the proposed revisions to the zoning ordinance. The proposed revisions are discussed in detail below. Building height The LR (Local Retail) and OC (Outdoor Commercial) district currently sets the maximum height of structures at 38 feet. The other commercial districts have a maximum height that varies depending on residential adjacency. While the LR (Local Retail) district is intended to be compatible in scale with residential property, the OC (Outdoor Commercial) district is not. In order to align the OC (Outdoor Commercial) district with the other commercial districts, the proposed revision would modify the building height to match those districts. This would establish a ratio of 1.5 feet of building height for each one foot measured from a property line that abuts a residential district. DESCRIPTION 0-1 LR C-1 C-2 OC 10. Max. Height of 1.5 ft./1 ft.4 38 ft. 1.5 ft./1 ft.4 1.5 ft./1 ft.4 1.5 ft./1 ft.4 structures 4 Buildings shall be constructed by using a ratio of one foot measured from property line that abuts a residential district to nearest exterior wall of building for every 11/2 feet of building height. "I r*4W NOLa`C`H KIC"HLAND HILLS Fencing In all commercial districts, the general screening and fencing standards in the zoning ordinance apply. Since the OC (Outdoor Commercial) district allows for amusement and theme parks, it was noted that allowances for perimeter fencing could be appropriate for this specific use. The fencing standards are proposed to read as follows. ORIGINAL (1) Fences. For fencing requirements in the 0-1, LR, C-1, C-2 and OC districts see article VIII, screening and fencing regulations. PROPOSED (1) Fences. a. In the 0-1, LR, C-1, and C-2 districts, see article VIII, screening and fencing regulations for fencing requirements. b. In the OC district, the requirements of article VIII, screening and fencing regulations apply. In addition, an amusement park or theme park may construct perimeter fencing around the park. The perimeter fencing may be located on the property line and may be located within the front yard. If a landscape setback is required along a street, the perimeter fencing may be located within the required landscape setback, but must be behind the required landscaping. At the October 19, 2023, meeting, the Planning and Zoning Commission also considered an option that would allow the perimeter fencing to include decorative artwork panels associated with the amusement or theme park. Following that discussion, the Commission recommended that the option for artwork panels not be included in the revision. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the October 19, 2023, meeting and voted 6-0 to recommend approval subject to removing the fencing standards from the revision. RECOMMENDATION: Approve Ordinance No. 3824. PART II -CODE OF ORDINANCES Chapter 118-ZONING ARTICLE IV.-DISTRICTS DIVISION 7.0-1 OFFICE DISTRICT, LR LOCAL RETAIL DISTRICT,C-1 COMMERCIAL DISTRICT,C-2 COMMERCIAL DISTRICT,AND OC OUTDOOR COMMERCIAL DISTRICT DIVISION 7. 0-1 OFFICE DISTRICT, LR LOCAL RETAIL DISTRICT, C-1 COMMERCIAL DISTRICT, C-2 COMMERCIAL DISTRICT, AND OC OUTDOOR COMMERCIAL DISTRICT' Sec. 118-391. Purpose. (a) 0-1 district.The 0-1 office district is intended to permit the professional and organizational office needs of the community. (b) LR local retail district. The LR local retail district is intended to provide for the development of convenience retail shopping,services,and professional offices, principally serving the neighborhood needs,and compatible in scale with adjacent residential development. Uses in this LR district shall be limited to no more than 5,000 square feet in size. (c) C-1 commercial district.The C-1 commercial district is intended to provide for development of retail service, and office uses principally serving community and regional needs.This C-1 district should be located on the periphery of residential neighborhoods and be confined to intersections of major arterial streets. It is also appropriate for major retail corridors as shown on the comprehensive plan. (d) C-2 commercial district.The C-2 commercial district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage,service or display.This C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses.The C-2 commercial district is also appropriate along business corridors as indicated on the comprehensive plan. (e) OC district. The OC outdoor commercial district is intended to permit a limited variety of commercial uses that requires an extensive amount of outdoor display use. (Ord. No. 1874,art.4, §440(A),3-22-1993; Ord. No.3247, §4,6-10-2013) Sec. 118-392. Permitted uses. Uses permitted within the 0-1, LR,C-1,C-2 and OC districts are provided in division 3 of article V of this chapter,table of permitted uses. (Ord. No. 1874,art.4, §440(B),3-22-1993; Ord. No.3247, §5,6-10-2013) 'Editor's note(s)—Ord. No.3247, §3,adopted June 10,2013,changed the title of Art. IV, Div.7,from 0-1 office district, NS neighborhood service,CS community service district, HC heavy commercial district,and OC outdoor commercial district to 0-1 office district, LR local retail district,C-1 commercial district,C-2 commercial district,and OC outdoor commercial district. Cross reference(s)—Businesses,ch. 18. North Richland Hills,Texas,Building and Land Use Regulations Created: 2023-08-11 09:57:51 [EST] (Supp.No.34) Page 1 of 3 Sec. 118-393. Reserved. Editor's note(s)-Ord. No.2910, §4,adopted Nov. 13,2006, repealed § 118-393,which pertained to site plan approval and derived from Ord. No. 1874, art.4, §440(B),adopted Mar.22, 1993;Ord. No.2362,adopted Jan.25, 1999. Sec. 118-394. Lot and area requirements. The following lot and area requirements shall be required within the 0-1, LR,C-1,C-2 and OC districts: Description 0-1 LR C-1 C-2 OC 1. Minimum district 1 acre' 10,000 SF 1 acre' 1 acre' 22,500 SF area 2. Minimum frontage 50 ft. none 50 ft. 50 ft. 150 ft. 3. Maximum lot 40% 40% 50% 50% 30% coverage 4. Minimum lot area 8,500 SF none none none 6,000 SF 5. Minimum lot width 60 ft. none none none 80 ft. 6. Minimum lot depth none none none none 150 ft. 7. Minimum front 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. building line 8. Minimum side none2,5 none2,5 none2,5 none2,5 none2,5 building line 9. Minimum rear none3,5 none3,5 none3,5 none3,5 none3,5 building line 10. Max. Height of 1.5 ft./1 ft.4 38 ft. 1.5 ft./1 ft.4 1.5 ft./1 ft.4 38 ft. structures Except where a parcel is contiguous with like zoning,the minimum area shall be as approved by the planning and zoning commission and city council. 2The side building line shall be 35 feet where the lot line abuts R-1,R-2,R-3,R-4-D,R-6-T,R-7-MF,R-8,R-1-S and AG districts designated on the comprehensive plan for residential uses. 'The rear building line shall be 35 feet where the lot line abuts R-1,R-2,R-3,R-4-D,R-6-T,R-7-MF,R-8,R-1-S and AG districts designated on the comprehensive plan for residential uses. °Buildings shall be constructed by using a ratio of one foot measured from property line that abuts a residential district to nearest exterior wall of building for every 1%feet of building height. 5 Minimum side or rear building setback adjacent to a public street shall be 15 feet. (Ord. No. 1874,art.4, §440(C),3-22-1993; Ord. No.2430, 11-22-1999; Ord. No.2895, §6,7-24-2006; Ord. No. 3052, § 1,5-18-2009; Ord. No.3247, §6,6-10-2013) Sec. 118-395. General conditions. The following general conditions shall be required of all development located within the 0-1, LR,C-1,C-2 and OC districts: Created: 2023-08-11 09:57:51 [EST] (Supp.No.34) Page 2 of 3 (1) Fences. For fencing requirements in the 0-1, LR,C-1,C-2 and OC districts see article VIII,screening and fencing regulations. (2) Parking and loading. For parking and loading requirements in the 0-1, LR,C-1,C-2 and OC districts see article VI I, parking and loading regulations. (3) Accessory buildings. See article V,supplementary district regulations for accessory building regulations in the above districts. (4) Masonry requirements. See article V,supplementary district regulations for masonry requirements in the above districts. (5) Landscaping requirement. See the separate landscaping regulations for landscaping standards and for landscaping requirements for parking areas set forth in article III,chapter 114 of this Code. (6) Signs. For sign requirements in the 0-1, LR,C-1,C-2 and OC districts see the separate sign regulations for sign regulations in chapter 106 of this Code. (7) Refuse facilities. See article VIII,screening and fencing regulations. (8) Access. Access to 0-1, LR,C-1,C-2 and OC districts shall be as directed by the building official. (9) Drive-up windows. In the 0-1 district,drive-up windows with minimum driveway storage capacity of 60 feet per window shall be allowed as an accessory use to permitted office uses, provided that the necessary driving lane be separated and apart from parking and maintenance areas required for the use. (10) Noise. a. In the 0-1, LR,and C-1 districts normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 60 decibels A scale daily from 7:00 a.m.to 10:00 p.m.and 55 decibels daily from 10:00 p.m.to 7:00 a.m. b. In the C-2 and OC districts normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 65 decibels A scale daily from 7:00 a.m.to 10:00 p.m.and 55 decibels daily from 10:00 p.m.to 7:00 a.m. (11) Truck entrances. In the OC district entrances and exits to truck loading areas shall be no closer than 75 feet to an adjoining lot located in a residential district,as measured along the common street line. (12) Inoperative equipment. In the OC district no inoperative equipment or vehicle shall be stored or parked in a required yard.Any parking or storage spaces for such equipment shall comply with article VIII, screening and fencing regulations. (Ord. No. 1874,art.4, §440(D),3-22-1993; Ord. No.2599, Ex. B,2-11-2002; Ord. No.3247, §7,6-10-2013) Sec. 118-396. Outdoor activities or other uses. For outdoor activities or other uses in the 0-1, LR,C-1,C-2 and OC districts see article V,supplementary district regulations. (Ord. No. 1874,art.4, §440(E),3-22-1993; Ord. No.2362, §2, 1-25-1999; Ord. No.2430, 11-22-1999;Ord. No. 3247, §8,6-10-2013) Secs. 118-397-118-420. Reserved. Created: 2023-08-11 09:57:51 [EST] (Supp.No.34) Page 3 of 3 ORDINANCE NO. 3824 ZONING CASE TR23-01 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING CHAPTER 118, ARTICLE IV, DIVISION 7, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO BUILDING HEIGHT AND FENCING STANDARDS IN THE OC (OUTDOOR COMMERCIAL) ZONING DISTRICT; 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 desires to amend certain portions of the Zoning Ordinance regarding building height and fencing standards in the OC (Outdoor Commercial) zoning district; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on October 19, 2023, and the City Council of the City of North Richland Hills, Texas, held a public hearing on November 137 2023, with respect to the zoning amendment 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 Ordinance No. 3824 TR23-01 Page 1 of 4 WHEREAS, the City Council has determined that the proposed ordinance amendment promotes the health, safety, morals, and the general welfare within the City of North Richland Hills and is in the best interest of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by revising Section 118-394 - "Lot and area requirements" as it pertains to the OC (Outdoor Commercial) zoning district to revise sub-subsection (10) "Max. Height of structures" to read as follows: Sec. 118-394. — Lot and area requirements (10) 1.5 ft./1 ft.4 SECTION 2: That the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by revising Section 118-395 "General conditions" to revise sub-subsection (1) Fences to read as follows: Sec. 118-395. — General conditions. (1) Fences. a. In the 0-1, LR, C-1, and C-2 districts, see article VIII, screening and fencing regulations for fencing requirements. b. In the OC district, the requirements of article VIII, screening and fencing regulations apply. In addition, an amusement park or theme park may construct perimeter fencing around the park. The perimeter fencing may be located on the property line and may be located within the front yard. If a landscape setback is required along a street, the perimeter fencing may be located within the required landscape setback, but must be behind the required landscaping. Ordinance No. 3824 TR23-01 Page 2 of 4 SECTION 3: 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 4: 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 5: 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 6: 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 7: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance. SECTION 8: This ordinance shall be in full force and effect immediately following publication as required by Section 7 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 13th day of November, 2023. Ordinance No. 3824 TR23-01 Page 3 of 4 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, Director of Planning Ordinance No. 3824 TR23-01 Page 4 of 4 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 OCTOBER 19, 2023 D.1 TR23-01 PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER 118, ARTICLE IV, DIVISION 7, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES REGARDING BUILDING HEIGHT AND FENCING STANDARDS IN THE OC (OUTDOOR COMMERCIAL) ZONING DISTRICT. APPROVED AS AMENDED Chair Welborn introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to present the request. Mr. Husband presented the request. He discussed the history of the Outdoor Commercial zoning district and the developments in and around this district. He discussed the proposed revisions to Chapter 118 - Zoning to update structure height and fencing standards for the district. Commissioner Narayana and Mr. Husband discussed the standards for the location of decorative fencing. Commissioner Goetz and Mr. Husband clarified that the existing fencing and screening standards would still apply to this district. Vice Chair Stamps and Mr. Husband discussed standards related to the content and design of decorative fencing. Commissioner Narayana and Mr. Husband discussed possible limitations to the size of decorative fencing. Commissioner Goetz and Mr. Husband discussed the maintenance of decorative fencing. 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 moved to approve decorative panel only along street October 19, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 3 frontages and limited to thirty percent of street frontage. Commissioner Goetz and Commissioner Narayana clarified the motion that the artwork could only take up thirty percent of the fencing. Ex-Officio Luppy and Mr. Comstock discussed how delineating a percentage of decoration aligned with the proposals from business owners. Vice Chair Stamps and Mr. Comstock discussed how the fencing could affect NRH2O. Commissioner Narayana and Mr. Comstock discussed the possibility of using the special use permit or sign review board process for decorative artwork fencing. Commissioner Narayana withdrew the motion. Vice Chair Stamps stated that he did not support the decorative fencing since it will box in the Peppa Pig site. Commissioner Ross stated that he did not think the entire property would be surrounded by decorative fencing. Commissioner Goetz and Commissioner Narayana stated their support for sending these requests to the Sign Review Board. Vice Chair Stamps stated that he believed that the fencing design could change the character of the neighborhood. Mr. Comstock clarified that this request did not apply to any one property, but to the Outdoor Commercial district. Chair Welborn and Mr. Comstock clarified the height of the fences. Commissioner Goetz stated that due to the low number of requests, she believed decorative fencing requests should go through the Sign Review Board. Chair Welborn stated that he believes there should be oversight of these designs since they could be considered a large sign. October 19, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 3 A MOTION WAS MADE BY COMMISSIONER GOETZ, SECONDED BY COMMISSIONER BRIDGES TO APPROVE TR23-01, WITH THE CONDITION THAT THE CHANGE TO THE FENCING STANDARDS NOT BE INCLUDED IN THE CODE REVISION. MOTION TO APPROVE CARRIED 6-0. October 19, 2023 Planning and Zoning Commission Meeting Minutes Page 3 of 3 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: PLAT23-0049 Consideration of a request from Kimley-Horn and Associates for a preliminary plat of Willow Springs, being 18.97 acres located in the 6900-7100 blocks of Davis Boulevard and 8205- 8217 Odell Street. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Texas New Real Estate LLC, Kimley-Horn and Associates is requesting approval of a preliminary plat of Willow Springs. The 18.965-acre site is generally located on the east side of Davis Boulevard between Odell Street and Hightower Drive. GENERAL DESCRIPTION: The property under consideration is an 18.965-acre site with frontage on Davis Boulevard and Odell Street. The development abuts the Stonybrooke subdivision on the east and north sides of the site. Vacant lots and existing residences are located on Odell Street adjacent to and across the street from the site. The property is currently undeveloped. The property is zoned R-PD (Residential Planned Development) and TOD (Transit Oriented Development). The zoning was approved by City Council on June 26, 2023 (Ordinances 3793 and 3794). The proposed development includes 63 single-family residential lots, nine open space lots, and one TOD lot. The lot sizes on the plat range from 5,412 square feet to 20,654 square feet, with an average size of 6,458 square feet. The typical residential lot is 50 feet wide and 110 feet deep, with a density of 3.8 dwelling units per acre. The development incorporates 3.48 acres of open space, which makes up 18.3% of the site. Approximately 1.76 acres of the open space is located within the drainage channel area that crosses the southern portion of the property. Two common area lots are provided within the development, including a 0.34-acre lot adjacent to the northern street entrance and a 0.28-acre lot in the southern part of the subdivision. Additionally, a 20- foot wide landscape buffer area is provided between the residential lot and the existing residential lots in the Stonybrooke neighborhood, and a 10-foot wide landscape buffer is provided adjacent to Davis Boulevard. Primary street access to the development is from Davis Boulevard, with street connections in the north and south sides of the property. Secondary street access is from Brookhaven Drive on the east side of the development. This secondary connection was provided in part to increase emergency access and reduce response times to the Stonybrook neighborhood, to expand the street grid network for more efficient flow of "K NOKTH KICHLAND HILLS vehicles, to avoid total reliance on Davis Boulevard for ingress/egress to the subdivision by providing access to traffic signals at the Hightower/Davis and Northeast/Davis intersections. LAND USE PLAN: This area is designated on the Land Use Plan as Medium Density Residential and Urban Village. The Medium Density Residential designation covers 16.53 acres (87 percent) of the property. 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 homes. 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. The Urban Village designation covers 2.43 acres (13 percent) of the property. This designation promotes sustainable, pedestrian-oriented, mixed-use development that provides the opportunity for many uses to coexist within a compact area. Urban villages encourage an efficient compact land use pattern; support vibrant public spaces; reduce the reliance on private automobiles; promote a functional and attractive community using urban design principles; allow flexibility in land use; and prescribe a high level of detail in building design and form. Urban villages can come in the form of vertical mixed use, where multiple uses share a single multistory building, or horizontal mixed use, where a diverse set of uses are placed within close walkable proximity. CURRENT ZONING: The property is currently zoned R-PD (Residential Planned Development) and TOD (Transit Oriented Development). The R-PD district is intended to be used with base districts and appropriate standards to permit flexibility in the use and design of land and buildings in situations where modification of specific base district regulations is not contrary to its intent and purpose, or significantly inconsistent with the planning on which it is based. The R-PD zoning district must be at least 10 acres in size. The TOD district supports the development of the community's station areas into pedestrian-oriented, mixed-use urban neighborhoods, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each station area is to encourage an efficient, compact land use pattern; encourage pedestrian activity; reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; and allow property owners flexibility in land use, while prescribing a high level of detail in building design and form. "K NOKTH KICHLAND HILLS TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. ME Davis Boulevard P6D Major Arterial Suburban Commercial • 6-lane divided roadway ■ variable right-of-way width ■ 2-lane undivided roadway Odell Street General TOD Street Urban Village 60 feet right-of-way width ■ Street trees,wide sidewalks, streetlights Brookhaven Drive R2U Local Road Local Road 2-lane undivided roadway ■ 50 feet right-of-way width SURROUNDING ZONING ( LAND USE: NORTH PD(Planned Development) Low Density Residential Single-family residences WEST C-1(Commercial) Low Density Residential Single-family residences R-3(Single-Family Residential) Office Commercial Vacant SOUTH TOD(Transit Oriented Urban Village Single-family residences Development) Vacant R-2(Single-Family Residential) EAST Low Density Residential Single-family residences R-3(Single-Family Residential) PLAT STATUS: The property is unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the October 19, 2023, meeting and voted 6-0 to approve the plat with the conditions outlined in the Development Review Committee comments. The applicant has revised the plat to address all conditions. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. RECOMMENDATION: Approve PLAT23-0049. /. '> , a , ; ; .......... x HI �T WE.. ,,� ,�..; ;r ,. F-� .. .. z a ...... w, a a ...... 3 .... , , ............ z ... VIII� z .. .......d ...... .... V� ,,, MAID o W o ,. ....... ��� Puu�lllll' �...... .................. . NON"N .. ... �� WVl . .........., .,....... } ... WuuuuW I��SO�(YIEW wLU .........,w w ........ .� ... uupl F LU } �IIIIIII u x a �............. O c ......... ..... ... TEFLIN Q 1111,/ 00 i ............. .. ...... .......... ..... ......,..... 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F .. ... ............. ......... _.....,_......H......................_ ..........._ Sh'Ug ............................... m ODELL... .. .. .................. .....�............._ (ALLEYY:,/ Prepared by Planning 10/9/2023 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 0 150 300 600 900 1,200 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 4 t , , IIW uW w � 1✓/ � ! ��� '� an �a l»44�� p s� r, E Prepared by Planning 10/9/2023 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 0 150 300 600 900 1,200 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. e e ti e° I VICINITY aLL F ➢� MAP n — t s % / " so s,PE a / &y B,L. °P DA Po � MINIMUM STANDARD LOT DETAILS N T s. g� t ro � 1 A.. , E � s e. e , a s i i ,d sa vun ° x � CITY CASE NUMBER:PLAT23-0049 r x s E I aaELIMINAav aLnr wl-SPRINGS e onasvm as . JTY IF NIRTH RIIHLAND HILLS,T EXAS Kurdey,*Iqo m a, e e ti L � LINE TABLE " y 3 � Lrvc�Ervmn � ss n > u s s �o r sasu� r" e r z - urvEas_.srv. ��� r � s�rusburmz: Iy ys C VICINITY MAP g o r r R° r so i � sass s LOT ANo BLOCK LOT ANo BLOCK La G BLOCK AREA 6U..ARV AREA SUMMARY 45UMMARY W � u� a✓ / �2"a"�v8/a Tx a a �j ia } " A k w Ar % L. ,m 6 - } ° - MINIMUM STANDARD LOT DETAILS N.T.S. CURVE TABLE CURVE TABLE CURVE TABLE CURVE TABLE - CITY CASE NUMBER:PLAT23-0049 ELININAR PR YPLAT wI-SPRINGS Kurlley Ilk112 m �. ,, 00 .ss. P-� ..x PRELIMINARY .~.. 8 ... rrcxrv.aLunurzE,urs ,�� ,.„ maw. t - CITY CASE NUMBER:PLAT23-0049 RELIMINnR PLAT wlL SPRINGS lamleyslHom Ip P3 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 OCTOBER 19, 2023 CA PLAT23-0049 CONSIDERATION OF A REQUEST FROM KIMLEY-HORN AND ASSOCIATES FOR A PRELIMINARY PLAT OF WILLOW SPRINGS, BEING 18.97 ACRES LOCATED AT 6900-7100 DAVIS BOULEVARD AND 8205-8217 ODELL STREET. APPROVED WITH CONDITIONS Chair Welborn introduced the item and called for Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Bryan Moody, Kimley-Horn and Associates, 13455 Noel Road, Suite 700, Dallas, Texas, presented the request. Mr. Moody discussed the approval of the zoning for the lots and presented the concept plan for the development. Chair Welborn and Mr. Moody discussed the drainage plan for the development. Mr. Moody stated that a topographical survey of the site had been completed and that further studies were being conducted. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Commissioner Narayana and Mr. Comstock discussed the location of easements on the plat. Commissioner Ross and Mr. Comstock discussed the boundary of the TOD lot and the current development plans for the lot and the overall project. A MOTION WAS MADE BY VICE CHAIR STAMPS, SECONDED BY COMMISSIONER ROSS TO APPROVE PLAT23-0049 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 6-0. October 19, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 1 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Consider award of a construction contract with R&D Burns Brothers, Inc., for utility reconstruction work on six residential streets designated as bond projects in the amount of$2,180,522 for the Kirk Lane, Wood View Lane, Sierra Drive, Daniel Drive, Lakeside Circle and Post Oak Drive bond projects. PRESENTER: Boe Blankenship, Assistant Director of Public Works SUMMARY: Consider award of a construction contract with R&D Burns Brothers, Inc. for the utility reconstruction work on six residential streets designated as bond projects in the amount of $2,180,522 for the Kirk Lane (ST2214), Wood View Drive (ST2215), Sierra Drive (ST2217), Daniel Drive (ST2220), Lakeside Circle (ST2405) and Post Oak Drive (ST2221) projects. GENERAL DESCRIPTION: The 2020 Street Bond program identified and includes reconstruction funding for both major and residential streets as approved by voters in November 2020. The residential reconstructions are being managed by Public Works personnel in a manner similar to that of a general contractor. The utility contractor services will handle reconstruction of the existing water and sanitary sewer mains located beneath the roadway pavement on year four and year five residential street bond projects, prior to any paving work taking place. The bid under consideration is for the utility work needed on three "Year 4" residential projects: Kirk Lane (ST2214), Wood View Lane (ST2215) and Sierra Drive (ST2217). Three "Year 5" projects: Daniel Drive (ST2220), Lakeside Circle (ST2405) and Post Oak Drive (ST2221) are also included in this effort. Bids were accepted from September 15 through October 25, with R & D Burns Brothers, Inc., being the lowest of the four contractors who submitted a sealed competitive bid. R & D Burns Brothers, Inc., has a favorable work history in NRH and performed very well on the completed utility reconstruction work for the 2020 Residential Street Bond projects for years two and three. R&D Burns Brothers, Inc., has also performed work in the city in the past on residential street reconstruction as a utility subcontractor to a larger general or paving contractor. In addition to a favorable history in NRH, local municipal references have nothing but positive things to say about this company's job performance. Construction is anticipated to begin in January/February 2024, with the paving work to follow in summer. IrLp NOKTH KICHLAN HILLS CONTRACTOR NAME BASE BID BRCT, LLC $ 7,004,400.00 M-Co Construction, Inc. $ 3,539,081.13 Venus Construction Co, Inc. $ 3,280,586.00 R&D Burns Brothers Inc. $ 2,180,522.00 RECOMMENDATION: Approve a construction contract with R&D Burns Brothers, Inc., for utility reconstruction work on six residential streets designated as bond projects in the amount of $2,180,522 for the Kirk Lane, Wood View Lane, Sierra Drive, Daniel Drive, Lakeside Circle and Post Oak Drive bond projects. ..,m .. ST I..J rTI .. I EE E. T FOR BOND STREET UTILITY SERVICES FOR KIRK LANE,WOOD VIEW LANE, SIERRA DRIVE, DANIEL DRIVE, LAKESIDE CIRCLE AND POST OAK DRIVE CITY OF NORTH RICHLAND HILLS AND R&D BURNS BROTHERS, INC. THIS CONSTRUCTION AGREEMENT ("Contract") is made and entered by and between R&D BURNS BROTHERS, INC., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City" or "Owner"),to be effective upon the date executed by the City. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: L CONTRACT DOCUMENTS The parties agree that the Contract Documents shall consist of the following: 1. This signed Construction Agreement; 2. Any and all Addendum(s); 3. "Notice to Bidders" advertisement; 4. The Contractor's Bid Proposal 5. Special Instruction toBidders; 6. General Conditions of Bid423-030; 7. Special Conditions of Bid 423-030; 8. The Specifications of Bid 423-030; 9. The Plans/Drawings of Bid 423-030; 10. Payment Bond; 11. Performance Bond; and 12. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. II. THE WORKS Contractor shall provide all labor, supervision, materials and equipment necessary to perform ",II "I 1 Pu�-dk",Vvodks P a fir, 26 of I() V Cloi,.� rbruraboi�,� all work required by the contract documents in connection with the construction of Bond Street Boi�,d �JtHh�,y -1 P�d-dk",Vvodks P a 7 � I C) H ... C Utilities for Kirk Lane, Wood View Lane, Sierra Drive, Daniel Drive, Lakeside Circle and Post Oak Drive ("work"), through Bid 423-030 in accordance with a Scope of Work in the form of Exhibit "A," for each service provided under this Contract. Each Scope of Work shall be incorporated herein and governed by the terms and conditions of this contract. HI. TIME OF COMMENCEMENT; COMPLETION Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed for a work order. The Term of this Contract shall be for 12 months. The City shall have the option to renew this Contract for four (4) additional 12 month periods in accordance with Section 39 of the Special Conditions. The Date of Completion for the work shall be set forth in the Scope of Work for each service provided under this Contract. IV. CONTRACT PRICE The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, a total amount not to exceed TWO MILLION ONE HUNDRED EIGHTY THOUSAND FIVE HUNDRED TWENTY-TWO AND 00/100 DOLLARS (2,180,522.00) ("Contract Price"). payment will be due upon completion of work and acceptance of the work by the City. Within the following thirty (30) days, Owner shall make partial payments to the Contractor for work performed during the preceding calendar month as estimated by the Owner or Owner's Representative. Ten percent (10%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts less than four hundred thousand dollars($400,000.00)in total Contract Price.Five percent(5%)of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts equal to or greater than four hundred thousand dollars ($ 400,000.00) in total Contract Price. Upon completion and acceptance of all work in compliance with the Contract,the Owner shall,within thirty (30)days,pay the Contractor the balance due under the terms and conditions of the Contract. V. CHOICE OF LAW; VENUE The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties, the parties shall be entitled to reasonable attorney's fees that are necessary, equitable and just, in accordance with applicable law, and as awarded by a court of competent jurisdiction. VI. INSURANCE The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of Bid 423-030,with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. VIL TERMINATION A) Either party may terminate this Contract at any time for cause or convenience by providing ninety(90)days'written notice to the other party. Upon the receipt of such notice, Contractor shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. B) Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. VIIL FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Contract if the performance is delayed or prevented by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strikes; lockouts,national disasters;riots; material or labor restrictions;transportation problems; or any other circumstances which are reasonably beyond the control of the party. Such party's performance shall be excused for the length of time the force majeure event lasts,provided that parry makes a reasonable attempt to resume performance upon conclusion of the force majeure event, unless such performance has become legally impossible, in which case that parry may terminate the Contract. IX. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with Owner information that may be confidential by law, rule, statute, ordinance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential information for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of or access to, any confidential information by Contractor is a material breach of this Agreement. If Contractor violates this provision, and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive relief in a court of competent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. X. RIGHT TO AUDIT During the term of this Contract, and at any time within three (3)years following the expiration of this Contract, the City shall have the right of access to all information held in the possession of the Contractor related to services performed under this Contract, for audit purposes or otherwise. Contractor agrees to provide access to such information unless expressly prohibited from doing so by court or other governmental order. Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. XI. NOTICES Any notice required to be given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: If to Contractor: City of North Richland Hills R&D Burns Brothers, Inc. Attn: Mark Hindman, City Manager Attn: Donald Burns 4301 City Point Drive Address 1 North Richland Hills, Texas 76102 Address 2 Email: mhindman@nrhtx.com Email: rdburnsbros@sbclgobal.net Phone: (817)427-6004 Phone: 817-919-4015 With copy to the City Attorney at the same address. II "[ 6 P�d-d[�cAC\!o[k<s XII. DISPUTE RESOLUTION Except in the event of termination pursuant to Section VII(B) of this Contract, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Contract,the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10)business days of receipt of the notice,both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of,or in connection with this Agreement. If the parties fail to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each parry shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either parry shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either parry may,before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order in injunction where such relief is necessary to protect is interests. XIII. ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations,representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. XIV. EFFECTIVE DATE This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. II "[ 6 Pu�d�yea AC\!o[k<s IN WITNESS WHEREOF, the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS R&D BURNS BROTHERS, INC. BY: BY: Mark Hindman, City Manager John Doe DATE: DATE: ATTEST: ATTEST: TITLE: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action Y/N Date Approved Agenda No. Ord /Res No. Maleshia B. McGinnis, City Attorney II "[ 6 P�d-dk�cACvo ks BID PROPOSAL BASE BID — Bond Street Utility Improvements Section I - Kirk Lane ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 1 0.0 EA Adjust Fire Hydrant to Grade $ $ 2 0.0 EA Adjust Existing Water Line $ $ 3 2.0 EA Remove Fire Hydrant $ 650.00 $ 1350.00 4 9.0 EA Adjust Water Valve to Grade $ 200.00 $ 1,800.00 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade 6 12.0 EA Adjust Water Meter Box to Grade $ 125.00 $ 1,500.00 7 EA Remove Water Valve $ $ 0.0 8 2.0 EA Fire Hydrant Assembly $6,000.00 $ 12,000.00 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 8-inch AWWA C900 PVC DR 18 $ $ 12 0 0 LF (Class 150)Water Line 13 LF 6-inch AWWA C900 PVC DR 18 $ 105.00 $ 147,000.00 1,400.0 (Class 150)Water Line 14 EA 1-inch Water Service Line $ 300.00 $ 3,600.00 12.0 15 0.0 EA 1" Single Water Service(short) $ $ 16 0.0 EA 1" Single Water Service(long) $ $ 17 8.0 EA 1" Double Water Service(short) $ 1,900.00 $ 15,200.00 18 4.0 EA 1" Double Water Service(long) $2,400.00 $9,600.00 19 0.0 EA Relocate Existing Water Meter $ $ I cc ii,d wSfreer, hJtHHly km a(, 'Ie 33 cif 1() f l _1 Pr.ak.nk�rea vvc! [k s BASE BID — Bond Street Utility Improvements Section I - Kirk Lane ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ 3,000.00 $ 15,000.00 5.0 Line 22 EA Connect to Existing 12-inch Water $ $ 0.0 Line 23 EA 6-inch Gate Valve $ 2,500.00 $ 22,500.00 9.0 24 EA 8-inch Gate Valve $ $ 0.0 25 EA 10-inch Gate Valve $ $ 0.0 26 EA 12-inch Gate Valve $ $ 0.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 29 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 38 VF Extra Depth for 4-foot Sanitary $ $ 0.0 Sewer Manhole Bcc ii,d hJtHHly cif 1() HI "[ 6 Puk.nk�cvvc! [ks BASE BID — Bond Street Utility Improvements Section I - Kirk Lane ITEM EST. UNIT EXTENDED NO. QTy, UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 EA 4" Sanitary Sewer Service $ $ 0.0 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $20.00 $ 36,000.00 1,800.0 Driveway Approach 49 LF $23.00 $ 8,050.00 350.0 Driveway Flowline 50 SF $28.00 $ 1,400.00 50.0 Sidewalk 4' 51 SF $40.00 $ 1,600.00 40.0 Valley Pan 52 LF $90.00 $5,400.00 60.0 Curb&Gutter 53 SF $ 62.00 $ 2,480.00 40.0 Flume 4' 54 SF Asphalt Pavement Repair $20.00 $ 10,000.00 500.0 55 LS Miscellaneous Utility Allowance $ 7,000.00 $7,000.00 1.0 SUB-TOTAL AMOUNT BID—BASE BID SECTION I—KIRK LANE: $ 301,430.00 I cc ii,d hJtHHly km a(, 'lP, �"e� c�'f 1 HI "[ 6 Puk.nk�cvvc! [ks BASE BID — Bond Street Utility Improvements Section II -Wood View Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 1 0.0 EA Adjust Fire Hydrant to Grade $ $ 2 0.0 EA Adjust Existing Water Line $ $ 3 EA Remove Fire Hydrant $ 650.00 $ 650.00 1.0 4 7.0 EA Adjust Water Valve to Grade $200.00 $ 1,400.00 5 EA Adjust Irrigation Control Valve $ $ 0.0 to Grade 6 EA Adjust Water Meter Box to $ 125.00 $ 1,750.00 14.0 Grade 7 EA Remove Water Valve $ $ 0.0 8 2.0 EA Fire Hydrant Assembly $6,000.00 $ 12,000.00 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $200.00 $ 16,000.00 80.0 18 (Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 8-inch AWWA C900 PVC DR 12 LF 18 $ $ 0.0 Class 150 Water Line 6-inch AWWA C900 PVC DR 13 LF 18 $ 105.00 $ 126,000.00 1,200.0 Class 150 Water Line 14 EA 1-inch Water Service Line $ 300.00 $4,200.00 14.0 15 0.0 EA 1" Single Water Service(short) $ $ 16 0.0 EA 1" Single Water Service(long) $ $ 17 7.0 EA 1" Double Water Service(short) $ 1,900.00 $ 13,300.00 18 7.0 EA 1" Double Water Service(long) $2,400.00 $ 16,800.00 19 0.0 1 EA Relocate Existing Water Meter $ $ I cc ii,d hJtHHly Vi��l..�i e�.r�i��r�rkks; km. �� P, �6 cif 1() BASE BID — Bond Street Utility Improvement Section II -Wood View Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ 3,000.00 $ 6,000 2.0 Line 22 EA Connect to Existing 12-inch Water $ 6,000.00 $ 12,000.00 2.0 Line 23 EA 6-inch Gate Valve $ 2,500.00 $ 12,500.00 5.0 24 EA 8-inch Gate Valve $ $ 0.0 25 EA 10-inch Gate Valve $ $ 0.0 26 EA 12-inch Gate Valve $6,000.00 $ 12,000.00 2.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 29 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 38 VF Extra Depth for 4-foot Sanitary $ $ 0.0 Sewer Manhole Sc�iId hJtHHlY km.a-1'P, 0, HI "[ 6 PuknHr"',Vvc� ks BASE BID — Bond Street Utility Improvements Section II -Wood View Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 0.0 EA 4" Sanitary Sewer Service $ $ 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $20.00 $ 40,000.00 2,000.0 Driveway Approach 49 LF $23.00 $ 9,200.00 400.0 Driveway Flowline 50 SF $ 28.00 $ 1,960.00 70.0 Sidewalk 4' 51 SF $ 40.00 $ 19,200.00 480.0 Valley Pan 52 LF $ 90.00 $ 31,500.00 350.0 Curb&Gutter 53 SF $ $ 0.0 Flume 4' 54 500.0 1 SF Asphalt Pavement Repair $20.00 $ 10,000.00 55 1.0 LS Miscellaneous Utility Allowance $7,000.00 $ 7,000.00 SUB-TOTAL AMOUNT BID—BASE BID SECTION II—WOOD VIEW DRIVE: $ 353,460.00 I cc ii,d hJtHHly Vi��l..�i e�.r�i��r�rkks; km. �� P, ����'� c�'f 1() II "[ 1 Puk.nHc vvc! [k s BASE BID — Bond Street Utility Improvements Section III -Sierra Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 1 0.0 EA Adjust Fire Hydrant to Grade $ $ 2 0.0 EA Adjust Existing Water Line $ $ 3 1.0 EA Remove Fire Hydrant $ 650.00 $ 650.00 4 7.0 EA Adjust Water Valve to Grade $200.00 $ 1,400.00 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade 6 45.0 EA Adjust Water Meter Box to Grade $200.00 $ 9,000.00 7 EA Remove Water Valve $ $ 0.0 8 2.0 EA Fire Hydrant Assembly $ 6,000.00 $ 12,000.00 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 8-inch AWWA C900 PVC DR 18 $ $ 12 0 0 LF (Class 150)Water Line 6-inch AWWA C900 PVC DR 18 $ 105.00 $ 126,000.00 13 1,200.0 LF (Class 150)Water Line 14 EA 1-inch Water Service Line $ 300.00 $ 13.500.00 45.0 15 1.0 EA 1" Single Water Service(short) $ 1,900.00 $ 1,900.00 16 36.0 EA 1" Single Water Service(long) $ 2,400.00 $ 86,400.00 17 4.0 EA 1" Double Water Service(short) $ 1,900.00 $7,600.00 18 4.0 EA 1"Double Water Service(long) $2,400.00 $ 9,600.00 19 0.0 EA Relocate Existing Water Meter $ $ I cc ii,d wSfreer, hJtHHly km a(, 'le 39 c� f 1 BASE BID — Bond Street Utility Improvements Section III -Sierra Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer Connect to Existing 6-inch Water $ 3,000.00 $15,000.00 21 EA 5.0 Line 22 EA Connect to Existing 12-inch Water $ $ 0.0 Line 23 EA 6-inch Gate Valve 2,500.00 $ 15,000.00 6.0 24 EA 8-inch Gate Valve $ $ 0.0 25 EA 10-inch Gate Valve $ 0.0 26 EA 12-inch Gate Valve $ 0.0 27 LF Concrete Encasement $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 29 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 38 VF Extra Depth for 4-foot Sanitary $ $ 0.0 Sewer Manhole I. cc i�, . hJtHHly Vi��..�i e�.r�i��r�rkks::; km. �� P, i:1 cif 1() HI "[ 6 Puk.nk�cvvc! [ks BASE BID — Bond Street Utility Improvements Section III -Sierra Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 0.0 EA 4" Sanitary Sewer Service $ $ 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $20.00 $ 26,000.00 1,300.0 Driveway Approach 49 LF $ 23.00 $6,900.00 300.0 Driveway Flowline 50 SF $ 28.00 $448.00 16.0 Sidewalk 4' 51 SF $ $ 0.0 Valley Pan 52 LF $90.00 $ 13,500.00 150.0 Curb&Gutter 53 SF $ $ 0.0 Flume 4' 54 SF Asphalt Pavement Repair $ 20.00 $40,000.00 2,000.0 55 1.0 LS Miscellaneous Utility Allowance $ 7,000.00 $ 7,000.00 SUB-TOTAL AMOUNT BID—BASE BID SECTION III—SIERRA DRIVE: $391,898.00 I cc ii,d hJtHHly Vi��l..�i e�.r�i��r�rkks; km. �� P, 41 c�'f 1() II "[ 1 Puk.nHcvvc! [ks BASE BID — Bond Street Utility Improvements Section IV- Daniel Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 1 0.0 EA Adjust Fire Hydrant to Grade $ $ 2 0.0 EA Adjust Existing Water Line $ $ 3 1.0 EA Remove Fire Hydrant $ 650.00 $ 650.00 4 4.0 EA Adjust Water Valve to Grade $200.00 $800.00 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade 6 9.0 EA Adjust Water Meter Box to Grade $ 125.00 $ 1,125.00 7 EA Remove Water Valve $ $ 0.0 8 1.0 EA Fire Hydrant Assembly $ 6,000.00 $6,000.00 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 8-inch AWWA C900 PVC DR 18 $ $ 12 0 0 LF (Class 150)Water Line 6-inch AWWA C900 PVC DR 18 $105.00 $ 98,700.00 13 940.0 LF (Class 150)Water Line 14 EA 1-inch Water Service Line $ 300.00 $ 2,700.00 9.0 15 0.0 EA 1" Single Water Service(short) $ $ 16 0.0 EA 1" Single Water Service(long) $ $ 17 3.0 EA 1" Double Water Service(short) $ 1,900.00 $ 5,700.00 18 6.0 EA 1"Double Water Service(long) $2,400.00 $ 14,400.00 19 0.0 EA Relocate Existing Water Meter $ $ I cc ii,d hJtHHly Vi��l..�i e�.r�i��r�rkis; km. �� P, 42 cif 1() II _1 Puk.nHcvvc! [ks BASE BID — Bond Street Utility Improvements Section IV- Daniel Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ 3,000.00 $9,000.00 3.0 Line 22 EA Connect to Existing 12-inch Water $ $ 0.0 Line 23 EA 6-inch Gate Valve $ 2,500.00 $ 10,000.00 4.0 24 EA 8-inch Gate Valve $ $ 0.0 25 EA 10-inch Gate Valve $ $ 0.0 26 EA 12-inch Gate Valve $ $ 0.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 29 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 38 VF Extra Depth for 4-foot Sanitary $ $ 0.0 Sewer Manhole Bcc ii,d hJtHHly Vi��l..�i e�.r�i��r�rkks; km. �� P, 43 cif 1() II "[ 1 Pul.nHcvvc! [ks BASE BID — Bond Street Utility Improvements Section IV- Daniel Drive ITEM EST. UNIT EXTENDED NO. QTy, UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 EA 4" Sanitary Sewer Service $ $ 0.0 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $20.00 $ 24,000.00 1,200.0 Driveway Approach 49 LF $23.00 $5,290.00 230.0 Driveway Flowline 50 SF $28.00 $672.00 24.0 Sidewalk 4' 51 SF $40.00 $ 16,000.00 400.0 Valley Pan 52 LF $ 90.00 $4,500.00 50.0 Curb&Gutter 53 SF $ $ 0.0 Flume 4' 54 SF Asphalt Pavement Repair $20.00 $ 10,000.00 500.0 55 LS Miscellaneous Utility Allowance $ 7,000.00 $7,000.00 1.0 SUB-TOTAL AMOUNT BID—BASE BID SECTION IV—DANIEL DRIVE: $216,537.00 I cc ii,d hJtHHly Vi��l..�i e�.r�i��r�rkks; km. �� P, 44 c�'f 1() II "[ 1 Puk.nHcvvc! [ks BASE BID — Bond Street Utility Improvements Section V- Lakeside Circle ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 1 0.0 EA Adjust Fire Hydrant to Grade $ $ 2 0.0 EA Adjust Existing Water Line $ $ 3 EA Remove Fire Hydrant $ 650.00 $650.00 1.0 4 4.0 EA Adjust Water Valve to Grade $200.00 $800.00 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade 6 19.0 EA Adjust Water Meter Box to Grade $ 125.00 $2,375.00 7 EA Remove Water Valve $ $ 0.0 8 1.0 EA Fire Hydrant Assembly $ 6,000.00 $ 6,000.00 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 12 LF 8-inch AWWA C900 PVC DR 18 $ 115.00 $ 115,000.00 1,000.0 (Class 150)Water Line 6-inch AWWA C900 PVC DR 18 $ $ 13 0 0 LF (Class 150)Water Line 14 EA 1-inch Water Service Line $300.00 $ 5,700.00 19.0 15 9.0 EA 1" Single Water Service(short) $ 1,900.00 $ 17,100.00 16 10.0 EA 1" Single Water Service(long) $2,400.00 $ 24,000.00 17 0.0 EA 1" Double Water Service(short) $ $ 18 0.0 EA 1"Double Water Service(long) $ $ 19 0.0 EA Relocate Existing Water Meter $ $ I. cc i�,d hJtHHiy km a(, 'lP, 4 cif 1 II _1 Pul.nHcvvc! [ks BASE BID — Bond Street Utility Improvements Section V- Lakeside Circle ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ 3,000.00 $ 6,000.00 2.0 Line 22 EA Connect to Existing 12-inch Water $ $ 0.0 Line 23 EA 6-inch Gate Valve $ $ 0.0 24 EA 8-inch Gate Valve $ 3,700.00 $ 14,800.00 4.0 25 EA 10-inch Gate Valve $ $ 0.0 26 EA 12-inch Gate Valve $ $ 0.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 29 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 38 VF Extra Depth for 4-foot Sanitary $ $ 0.0 Sewer Manhole I. cc i�,d hJtHHiy Vi��l..�i e�.r�i��r�rkks; km. �� P, 46 cif 1() II "[ 1 Pul.nHcvvc! [ks BASE BID — Bond Street Utility Improvements Section V- Lakeside Circle ITEM EST. UNIT EXTENDED NO. QTy, UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 EA 4" Sanitary Sewer Service $ $ 0.0 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $ 20.00 $24,000.00 1,200.0 Driveway Approach 49 LF $ 23.00 $5,290.00 230.0 Driveway Flowline 50 SF $ 28.00 $ 3,360.00 120.0 Sidewalk 4' 51 SF $ $ 0.0 Valley Pan 52 LF $ 90.00 $4,500.00 50.0 Curb&Gutter 53 SF $ $ 0.0 Flume 4' 54 SF Asphalt Pavement Repair $ 20.00 $ 20,000.00 1,000.0 55 LS Miscellaneous Utility Allowance $7,000.00 $7,000.00 1.0 SUB-TOTAL AMOUNT BID—BASE BID SECTION V—LAKESIDE CIRCLE: $ 256,575.00 Sc�i�d wSfree�, hlfilily km.a c P, 4 70, I I "[ 1 PulnHr"',Vvc! [k s BASE BID — Bond Street Utility Improvements Section VI - Post Oak Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 1 0.0 EA Adjust Fire Hydrant to Grade $ $ 2 0.0 EA Adjust Existing Water Line $ $ 3 2.0 EA Remove Fire Hydrant $ 650.00 $ 1,300.00 4 4.0 EA Adjust Water Valve to Grade $ 200.00 $800.00 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade 6 14.0 EA Adjust Water Meter Box to Grade $ 125.00 $ 1,750.00 7 EA Remove Water Valve $ $ 0.0 8 2.0 EA Fire Hydrant Assembly $ 6,000.00 $ 12,000.00 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 8-inch AWWA C900 PVC DR 18 $ $ 12 0 0 LF (Class 150)Water Line 6-inch AWWA C900 PVC DR 18 $ 105.00 $ 105,000.00 13 1,000.0 LF (Class 150)Water Line 14 EA 1-inch Water Service Line $300.00 $4,200.00 14.0 15 1.0 EA 1" Single Water Service(short) $ 1,900.00 $ 1,900.00 16 1.0 EA 1" Single Water Service(long) $ 2,400.00 $2,400.00 17 6.0 EA 1" Double Water Service(short) $ 1,900.00 $ 11,400.00 18 6.0 EA 1"Double Water Service(long) $ 2,400.00 $ 14,400.00 19 0.0 EA Relocate Existing Water Meter $ $ I cc ii,d wSfreer, hJtHHly km a(, 'le 48 cif 1 f l _1 Pr.ak.nk�rea vvc! [k s BASE BID — Bond Street Utility Improvements Section VI - Post Oak Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ 3,000.00 $ 9,000.00 3.0 Line 22 EA Connect to Existing 12-inch Water $ $ 0.0 Line 23 EA 6-inch Gate Valve $ 2,500.00 $ 10,000.00 4.0 24 EA 8-inch Gate Valve $ $ 0.0 25 EA 10-inch Gate Valve $ $ 0.0 26 EA 12-inch Gate Valve $ $ 0.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $2.00 $2,000.00 1,000.0 Lines 29 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ 135.00 $ 135,000.00 1,000.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ 1,000.00 $3,000.00 3.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $2,500.00 $42,500.00 5.0 Manhole 38 Extra Depth for 4-foot Sanitary $500.00 $ 32,500.00 65.0 VF Sewer Manhole BcS id ',,Stleer, hJbHly km a(, 'lP, 4 9 'f 1 tl "[ 6 Puk.nk�cvvc! [ks BASE BID — Bond Street Utility Improvements Section VI - Post Oak Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $60.00 $ 108,000.00 1,800.0 Trench>12 feet deep 41 24.0 EA 4" Sanitary Sewer Service $2,200.00 $52,800.00 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television $ 8.00 $8,000.00 1,000.0 Inspection 44 LF Post-Construction Television $ 8.00 $8,000.00 1,000.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $750.00 $3,750.00 5.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $20.00 $28,000.00 1,400.0 Driveway Approach 49 LF $23.00 $ 5,750.00 250.0 Driveway Flowline 50 SF $ 28.00 $672.00 24.0 Sidewalk 4' 51 SF $ 40.00 $ 12,000.00 300.0 Valley Pan 52 LF $ 90.00 $ 13,500.00 150.0 Curb&Gutter 53 SF $ $ 0.0 Flume 4' 54 ,200.0 SF Asphalt Pavement Repair $ 20.00 $24,000.00 1 55 1.0 LS Miscellaneous Utility Allowance $ 7,000.00 $7,000.00 SUB-TOTAL AMOUNT BID—BASE BID SECTION VI—POST OAK DRIVE: $ 660,622.00 I cc i�,d wStreer,, hJbHly c�'f 1() tl "[ 6 Puk.nk�cvvc! [ks Total Amount Bid- Base Bid: Section I — Kirk Lane $ 301,430.00 Section 11 — Wood View Lane $ 353,460.00 Section III — Sierra Drive $391.898.00 Section IV— Daniel Drive $ 216.537.00 Section V— Lakeside Circle $ 256,575.00 Section VI — Post Oak Drive $660,622.00 $ 2,180,522.00 (Total Amount Bid, Numerical Value) Bord hJtHh�y of 1(")2 N"H` -1 Puknhcvvorks SPECIAL CONDITIONS 1. OWNER AND CONTRACTOR The Owner and Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the contract documents as if singular in number and masculine in gender. The Project Manager shall be understood to represent the Owner. The duties, responsibilities and limitations of authority of the Project Manager as the Owner's representative during construction are as set forth in the contract documents and shall not be extended or limited without written consent of the Owner. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the character, quality and quantity of the materials, equipment and facilities needed during the prosecution of the work, the general and local conditions, and all other matters which can in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. 2. CONTRACT DOCUMENTS The contract documents shall consist of: the Notice to Bidders (Advertisement); Instructions to Bidders; Proposal; Signed Agreement; Maintenance, Performance and Payment Bonds (when required); insurance certificate; General Conditions; Specifications; Plans; and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the terms and conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. The contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the contract documents, priority of interpretation shall be in the following order: Signed contract agreement, performance and payment bonds, Contractor's proposal, Notice to Contractors, Specifications, Plans, and General Conditions of Agreement. 3. SUB-CONTRACTOR The term Sub-Contractor, as employed herein, shall include any third party having a direct contract or other agreement with the Contractor to perform work or provide services and who performs or Borg d lJtHHly Pa(,'Ie "b of 1(") HI "[ 6 Puk.nk�c A voi k s V/ '5k.)e4',4f or�&Jori s provides services according to the plans or specifications of the work, but shall not include one who merely furnishes material. 4. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the Corporation for whom it is intended or if delivered at or sent by regular mail to the last business address known to him who gives the notice. 5. WORK The Contractor is responsible for compliance with local, state, and federal regulations. Contractor to provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. 6. SITE OBSERVATION BY PROJECT MANAGER/OWNER'S REPRESENTATIVE The Project Manager/Owner's Representative shall make periodic visits to the site to familiarize him or her with the progress of the executed work and to determine if such work meets the requirements of the specifications and contract documents. Any review of work in progress, or any visit or observation during construction by the Project Manager/Owner's Representative is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Project Manager/Owner's representative, whether called to the Contractor's attention or not shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 7. PROGRESS PAYMENTS FOR WORK Public Works shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and approve, in writing, payment to Contractor. Within the following thirty (30) days, OWNER shall make partial payments to the CONTRACTOR for work performed during the preceding calendar month as estimated by the OWNER or OWNER's Representative. Borg d lJtHHly 'a(.'Ie of I(") 11 "[ 1 Puk.nHc\voi k s V '5k.)e4',4f or�&,,�ior�s It is understood that the monthly estimates shall be approximate only, and all monthly estimates and partial payments shall be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the OWNER of the amount of work done or of its quality or sufficiency nor as an acceptance of the work or the release of the CONTRACTOR of any of its responsibility under the Contract. 8. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. 9. UTILITY CONFLICTS It is the Contractor's responsibility to make arrangements with the owners of such underground facilities prior to working in the area to confirm the locations and to determine whether any additional facilities may be present. Contractor shall preserve and protect all underground facilities. UNDERGROUND FACILITY OWNER TELEPHONE NUMBER ATMOS 811 ONCOR 811 AT&T 811 City of North Richland Hills Water/Sewer 817.427.6440 Charter Cable 811 10.WATER FOR CONSTRUCTION The CONTRACTOR shall make the necessary arrangements for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing or jetting. Borg d lJti ly 'a(.'Ie ",:,, of I(") 11 "[ 1 Pu n.� c\voi k s V/ '5k.)e4',4f or�d� lJori s The CONTRACTOR may remit the City a deposit for a fire hydrant water meter; additionally, the CONTRACTOR will be billed for the water used on the construction of this contract and measured by such fire hydrant meter. Additionally, the cost of any temporary pipe line, metering or other equipment which may be necessary to make use of such fire hydrant water meter and water, shall be considered as incidental to the work and payment therefore shall be included in the various bid items of the proposal. If the CONTRACTOR chooses to use such fire hydrant water meter, he/she shall assume full responsibility for it and return it in the same or similar condition as received otherwise the CONTRACTOR will not be returned his/her deposit. 11. TRAFFIC CONTROL The CONTRACTOR shall prosecute his traffic control work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. All traffic control devices used during construction shall meet the standards utilized in the MUTCD. Access to adjacent property shall be maintained at all times unless otherwise approved by the OWNER. 12. PROSECUTION OF CONSTRUCTION The CONTRACTOR will, unless otherwise approved by the Owner, prosecute the construction of this project during normal working hours as defined below: A. Normal Work Day shall mean the normal eight (8) hour working day between the hours of 8: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 MLK Day......................................... Third Monday in January Memorial Day ................................ Last Monday in May Independence Day ....................... July 4th Labor Day ..................................... First Monday in September Thanksgiving Holiday .................... Fourth Thursday in November and the following Friday Christmas Holiday ......................... December 24th & December 25th If any of the above dates falling on a Sunday shall be observed on the following Monday. D. If the Contractor wishes to work more than thirty minutes per day overtime, approval must be acquired from the Public Works Department 24 hours in advance and the Contractor must agree to pay the City for the inspector's time at the rate of seventy- five dollars ($75.00) per hour. If the Contractor arranges to work on a weekend and for any reason does not or cannot work, he will be responsible for a minimum of two hours pay for the inspector. Borg d lJti ly 'a(.'Ie of I(") I I "[ 6 Pu n.� yea A voi k s V/ ,5k,)e4',4f or�&,,�ior�s 13. INSPECTION AND TESTING The CONTRACTOR shall be responsible for paying for all testing and testing related items (acquiring specimens, proper specimen control, etc.) on this Project. During the progress of the work, all materials, equipment and workmanship shall be subjected to such inspections and tests as will assure conformance with the contract requirements. The CONTRACTOR shall furnish at his/her expense all necessary specimens and samples for testing. Sampling and testing of all materials or construction methods shall be performed by a commercial laboratory, approved by the Engineer, and permitted with the City of North Richland Hills' Public Works Department. Utility Testing Services provided shall include but are not limited to the following: a. Pressure and bacteriological test of water mains b. Vacuum testing of manholes c. Slump and Air Content Tests d. Flexural or Compressive Strength Tests for concrete (if used) e. Soil Compaction for trench backfill 14. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract; and agrees that whenever the Owner shall inform him in writing that any worker or workers on the work site, in Owner's opinion, are incompetent, unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed on the work without the Owner's written consent. 15. PRELIMINARY APPROVAL The Project Manager shall not have the power to waive the obligations of this contract for the furnishing of good material, or of his performing good work as herein described in full accordance with the plans and specifications. No failure or omission of the Project Manager to discover, object to or condemn defective work or material shall release the Contractor from obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that the Project Manager shall, upon request of the Contractor, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by the Project Manager prior to final acceptance. If found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor. 16. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any material brought on the job site for use or selected for use, shall be deemed by the Project Manager as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice from the Project Manager, remove Borg d lJfJ ly 'a(,'Ir, 'b'.r of 1(") I I "[ 6 Pu n.� yea A voi k s V - 5,)e(,4V Clor�&Jori s such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 17. CHANGE ORDERS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the project Manager, to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent (25%) of the original contract amount. The Contractor shall submit a bid in writing to the Project Manager for approval of the work requested. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other that by said Contractor. If the Owner approves the bid for the requested change in work, a change order will be executed. All change orders shall be approved in writing by the North Richland Hills' designated representative prior to work being executed. 18. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Owner shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him. The Contractor shall keep one copy of the same constantly accessible on the work with the latest versions noted thereon. 19. OWNERSHIP OF DRAWINGS All drawings, specifications and copies furnished by the Project Manager shall not be reused on other work with the exception of the signed contract sets, are to be returned to him on request at the completion of work. 20. RIGHT OF ENTRY The Owner reserves the right to enter the property or location on which the work herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 21. DISCREPANCIES AND OMISSIONS In the event of any discrepancies between the separate contract documents, the priority of interpretation defined under"Contract Documents" shall govern. In the event there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Project Manager shall define which is intended to apply to the work. 5or�d llfilily P a� r� o 0, ��: I I "[ 6 Pu n.� yea A voi k s V/ ,5k,)e4',4f or�&Jori s 22. EQUIPMENT AND MATERIALS The Contractor shall be responsible for the care, preservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work until the entire work is completed and accepted. 23. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provision of Federal, State, and Municipal safety laws, building and construction codes. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 24. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, from the action of the elements, from any unforeseen circumstances in the prosecution of the same, from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 25. PROTECTION OF ADJOINING PROPERTY Contractor shall take proper means to protect all adjacent or adjoining properties in any way encountered which might be injured or seriously affected by any process of construction to be undertaken under the Agreement. Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Project Manager against any claim or claims for damages due to the injury to any adjacent or adjoining property arising or growing out of performance of the contact. Any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 26. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner effect the contract or the work. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Project Manager in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager, he shall bear all costs arising there from. 27.ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Owner. The Contractor further agrees that Borg d lJti ly 'a(,'Ie of 1(") I I "[ 6 Pu n.� yea A voi k s V/ ,5k')e4',4f or�&,,�ior�s the subletting of any portion or feature of the work, or material required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 28. INDEMNIFICATION / PROTECTION AGAINST CLAIMS The City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type or description, including claims for copyright and patent infringement, and including all expenses of litigation, court costs, and 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 for the negligence of the 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. The Contractor shall defend, indemnify and hold harmless the Owner and respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible property, including the loss of use and, (2) Is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Project Manager, his agents or employees arising out of the approval of drawings, reports, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Project Manager, his agents or employees, provided such giving or failure to give in the primary cause of the injury or damage. 29.WORKERS COMPENSATION INSURANCE As required by the Texas Workers' Compensation Commission Rule 28, 110.110, the Contractor shall also carry worker's compensation insurance. The Contractor's failure to comply with any of the provisions of this Rule will be considered a breach of contract by the Contractor. The City will have the right to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. I.Sor�d lJtHHly 'a(.'Ie 9 of I() 11 "[ 1 Puk.nHc\voi k s V/ '5k.)e4',4f or�&Jori s The successful Contractor must provide a certificate of coverage to the City prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must file a new certificate of coverage with the City Purchasing Division showing coverage has been extended. The Contractor shall obtain from each sub-contractor providing services on the project a certificate of coverage, prior to that person beginning work on the project. Sub-contractor certificates must also be submitted to the Purchasing Division. 30.WAGE RATES The successful contractor shall be required to comply with Chapter 2258 of the Texas Government Code with respect to the payment of prevailing wage rates. Chapter 2258 states contractors and subcontractors shall not pay less than the prevailing wage rate to all laborers, workmen, and mechanics employed by them in the execution of the contract. Contractors should familiarize themselves with the entire provision of this law and the penalties provided for its violation before submitting their bids. No portion of this provision shall be construed to prohibit the payment of more than the stated wage rate to any laborer, workman or mechanic employed on the project. It shall be the responsibility of the Contractor to maintain an adequate work force whether higher wages are required or not. The State of Texas has adopted the Federal Davis-Bacon wage rates for the use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. The U.S. Department of Labor web site may be accessed at y4ry4ry4r,,,. . .., o. qy to obtain the appropriate wage rates to be used in Tarrant County, Texas. It shall be the responsibility of the successful contractor to obtain the proper wage rates for Tarrant County for the type of work defined in the bid specifications. The City will audit the contractor and all sub-contractors employed by contractor to ensure they are paying the prevailing wage rate weekly. Contractor and all sub-contractors must submit certified payrolls on a weekly basis per the r„�r � r' ,ppllii �ii n that must be filed prior to bidding. In the event an audit is performed, the contractor shall be required to supply a certified copy of the records showing the prevailing wage rates have been met. 31. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal. The Contractor shall submit, at such times as may reasonably be requested by the Project Manager, schedules which shall show the order in which the Contractor proposes to carry on the I.Soi�d lJtHHly 'a(,'Ie 6(") of 1(") HI "[ 6 Puk.nk�c A voi k s V/ ,5k,)e4',4f or�&Jori s work,with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 32. EXTENSION OF TIME Contractor shall give the Project Manager immediate notice in writing of any delay in completion of project. If the Owner decides an extension of time is justified, the Project Manager shall issue a written extension of time for completing the work. Extension shall be sufficient to compensate for the delay. 33. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE WORK ON TIME The Contractor agrees that, from the compensation otherwise to be paid, The Owner may retain the sum of Two Hundred Twenty-Eight Dollars ($228.00) for each calendar day after the agreed Date of Substantial Completion that the work remains not substantially complete, which sum is agreed upon as the proper measure of liquidated damages which the Owner will sustain per diem by the failure of the Contractor to complete the work at the time stipulated in the contract. This sum is not to be construed in any sense a penalty. 34. PRICE OF WORK The Owner agrees to pay the Contractor for furnishing of all necessary labor, equipment and material, and the satisfactory completion of all work, the prices set forth in the Proposal hereto attached, which has been made a part of this contract. All materials embraced in the completion of this Contract must be in full conformity with the specifications and stipulations herein contained. 35. USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. The Contractor shall notify the Project Manager when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Project Manager, the Contractor shall furnish to the Project Manager in writing a detailed list of unfinished work. The Project Manager will review the Contractor's list of unfinished work and will add thereto such items as the contractor has failed to include. The "s substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken,whether of a minor or major nature, and thereby completing the structure of facility in accordance with the contract documents. 36. PAYMENTS WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify any certificate to such extent as may be necessary to protect himself from loss on account of: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payments properly to Sub-Contractors or for material or labor. Borg d lJfJ ly �'a(.'Ie ��1 of I(") I I "[ 6 Pu n.� yea A voi k s V/ '5k.)e4',4f or�&Jori s (4) Damage to another contractor. (5) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (6) Reasonable indication the work will not be completed within contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 37. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Project Manager within ten (10) days after the Project Manager has given any directions, order or instruction to which the Contractor desires to take exception. The Project Manager shall reply within ten (10) days to such written exceptions by the Contractor and render his final decision in writing. 38.ABANDONMENT BY CONTRACTOR If the Contractor shall fail to commence work within ten (30) calendar days after written notice to commence is served on Contractor or if the Contractor stops work or fails to pursue work in a timely fashion and fails to resume and pursue work in a timely fashion within ten (10) calendar days of a written notice of work stoppage or failure to pursue work in a timely fashion, or if the Contractor fails to comply with orders consistent with the contract documents, the Owner may declare the contract abandoned and direct the surety on the performance bond with a written notice to complete the work. A copy of the notice to the surety shall be served on the Contractor. After receiving the notice of abandonment, the Contractor shall not remove any materials or supplies from the job site. After the contract is declared abandoned, the Owner shall be entitled to pursue any legal remedy and to seek damages for breach of contract from the Contractor and, to the extent that it fails to honor its obligations under the performance bond, from the surety on the bond. 39. DURATION OF AGREEMENT AND PRICE ADJUSTMENTS The successful bidder will be awarded a twelve (12) month agreement effective the date of award. Prices are to remain firm for the twelve (12) month agreement period. At the City's option, the agreement may be renewed for four (4) additional twelve (12) month periods at a price proposed by the contractor. The Contractor shall submit the renewal proposal with price changes and justification to the Purchasing Department at least sixty (60) days before the expiration of the current agreement. Increase in contract pricing shall not exceed the consumer price index of the Dallas/Fort Worth standard metropolitan statistical for the previous twelve (12) month period or 5%, whichever is smaller. Renewal shall be at the sole discretion of the City of North Richland Hills departments utilizing the contract. All areas of non-conformance shall be submitted in writing to the Purchasing Manager and must be corrected within 10 days from date of notification. After three non-conformance complaints the contract may be subject to cancellation. I.Sor�d lJti ly 'a(,'Ie 62 of 1(") I I "[ 6 Pu n.� yea A voi k s V/ ,5k,)e4',4f or�&,,�ior�s The quantities listed are estimated quantities using the best information available. The City reserves the right to choose the items that will be purchased and to purchase more than or less than the quantities listed. BQr�d �Jti|ity Pa(,,le 63Qf1Q2 NF HPU�n|iCvVQrk8 |\/— ClQr�ditiQr�8 SPECIFICATIONS A. The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, traffic control devices, superintendence, labor, services, insurance, and all water, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents.All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. B. Contractor agrees that the City of North Richland Hills Public Works Department has the right to make all final determinations as to whether the work has been satisfactorily completed and meets all specifications. C. All construction work shall be inspected by the Public Works Department. No utility pipe or appurtenances shall be backfilled until an inspection is done by the Public Works Department. If the contractor fails to have the work inspected before backfilled, the contractor shall expose the pipe and re-backfill at the contractor's expense. D. All construction work shall be in accordance with the City of North Richland Hills Public Works Design Manual and the Standard Specifications for Public Works Construction for the North Central Texas (North Central Texas Council of Governments) Design Manual. The contractor shall meet all specifications as outlined by these two manuals. E. The Contractor shall be responsible for all costs to construct pay items and must furnish their own dump site for waste material removed. F. The Contractor is responsible for all street repairs. Trenches must be plated or backfilled with an all-weather surface course at the end of each work day. Permanent pavement repair shall be provided within 21 calendar days of completion of utility work. G. The contractor is responsible for all property restoration (yards, street right-of-ways). This includes backfilling, top-soil, grass, mail boxes, irrigation systems, sprinkler heads, sign posts, signs or any other structures located on property or in the street right-of-way. No separate pay for restoration. H. Backfill material and top-soil shall be approved by the Public Works Department. The contractor is responsible for readjustment of sprinkler heads, mailboxes or any landscaping to match new grades at the repairsite. I. The yard or street right-of-ways shall be restored to the original condition or better using sod of the same type grass that was removed from that area. All spoil dirt shall be removed from the surrounding area. The new sod shall be laid edge to edge to give full coverage unless property owner request gaps be left between the sod pads. Cut-in edges of pads to match existing ground elevations. The new sod pads shall be laid brick layer staggered fashion to prevent erosion. I.Soi�d lJfJ ly Pw e 64 o'f 1() I�,� IPubnl ,aACvo ks V - "'s 1,P al'f l a f i o r� s J. If yard restoration occurs during the non-growing months of November to March, a winter grass such as rye shall be planted to hold the soil. K. The Contractor shall complete the yard restoration by planting the new sod in the month of April. Working day charges will be stopped when the project is substantially complete, but two percent(2%)of the contract price will be retained until new sodding and yard restoration is complete. If sodding and yard restoration is not completed by April 15, working day charges will be resumed on April 16, and will continue until yard restoration is complete. L. If yard is equipped with an irrigation system, caution should be taken to preserve the system. If a portion of the irrigation system is damaged, it will be the responsibility of the Contractor, as part of the yard restoration, to repair or replace all broken parts and have the owner test the repaired system. No direct payment shall be made for the yard restoration. All irrigation damages, repairs or relocations shall be done by a licens ed irrigation company or person. No separate pay for irrigation repair. M. Contractor shall be responsible for supplying and replacing the barricades and shall conform to the Manual on Uniform Traffic Control Devices (MUTCD). No direct payment shall be made for the supplying and replacing of barricades. Payment shall be included in the unit price bid for related items. N. It is the contractor's responsibility to minimize sediment travel onto adjacent property or streets. Erosion control must be in place as shown on the plans or as directed by the Street Supervisor. The erosion control is to be maintained until sod has been established. O. The contractor shall remove all excess spoils from the road. There will be no overnight stock piling of materials either new or spoiled within the Public Rights of Way without prior approval. I.Soi�d lJtHHly Patl C" 6!t o'f 1 Explanation of Bid Items ADJUST EXISTING WATER LINE This item shall govern adjusting the existing water main to where it is in conflict with proposed improvements (curb inlets, storm drain lines, etc.). Water lines in conflict shall be adjusted to maintain a minimum 2 feet of vertical clearance and 2.5' horizontal clearance from all proposed utilities. Payment for this item shall be at the contract unit price "per each" location the water main is adjusted and shall include excavation, embedment, backfill, thrust blocking, bends, fittings, and all other appurtenances necessary for a complete adjustment. REMOVE FIRE HYDRANT Existing fire hydrant assembly shall be removed and salvaged where shown on the plans and shall follow the provisions of Item 203.3.Associated gate valve shall be removed and salvaged subsidiary to this bid item. The City maintains salvage rights on existing fire hydrants removed and shall provide a location for the contractor to transport the assembly. If The City does not wish to obtain the salvaged assembly, the contractor shall dispose of the assembly offsite in a lawful manner. Payment for Remove Fire Hydrant shall be on a "per each" basis and shall include excavation, removal, backfill, and transporting the fire hydrant assembly. ADJUST WATER VALVE TO GRADE This item shall govern adjusting the valve stack on water valves such that the finished elevation of the rim is flush with the grade of the proposed pavement. See NRH Detail 1 W. Payment for this item shall be at the contract unit price "per each" water valve adjusted and shall include all materials including extension stems if necessary, equipment, labor, tools, and incidentals necessary to complete the work. ADJUST IRRIGATION CONTROL VALVE TO GRADE This item shall govern adjusting the valve stack on irrigation control valves such that the finished elevation of the rim is flush with the grade of the proposed parkway along Bridge Street. Payment for this item shall be at the contract unit price "per each" irrigation control valve adjusted and shall include all materials including extension stems if necessary, equipment, labor, tools, and incidentals necessary to complete the work. ADJUST WATER METER BOX TO GRADE This item shall govern adjusting existing water meter boxes such that the finished elevation of the top of box is flush with proposed grade. Payment for this item shall be at the contract unit price "per each" water meter box adjusted and shall include all materials, equipment, labor, tools, and incidentals necessary to complete the work. I.Soi�d lJt�ly Pw`e66o'f 1() I�,� IPubnl ,aACvo ks REMOVE WATER VALVE Existing water valves on main lines and fire hydrant leads shall be removed and salvaged where shown on the plans and shall follow the provisions of Item 203.3. The City maintains salvage rights on existing water valves removed and shall provide a location for the contractor to transport the assembly. If the City does not wish to obtain the salvaged assembly, the contractor shall dispose of the assembly offsite in a lawful manner. Payment for Remove Water Valve shall be on a "per each" basis and shall include excavation, removal, backfill, and transporting the water valve offsite. FIRE HYDRANT ASSEMBLY Fire hydrant assemblies shall be furnished and installed in accordance with Item 502.3 of the COG Specifications and City Specifications (Figure 3W-1). Fire hydrants shall be installed 2- foot to 3-foot behind the back of curb or edge of pavement. Payment for Fire Hydrant Assembly shall be on a "per each" basis and shall include fire hydrant, barrel extension (if required), 6- inch lead line and valve, concrete pads, concrete valve block, traffic button marker, thrust blocking, paint, and all other materials, equipment, labor, tools, and incidentals necessary to complete the work. SANITARY SEWER LINES (OPEN CUT) Sanitary sewer line shall be furnished and installed in accordance with Items 501.17, 504 and 507 of the COG Specifications and City Specifications. All sanitary sewer lines less than 12 feet deep shall be PVC SDR-35. All sanitary sewer lines deeper than 10 feet shall be PVC SDR-26. Should existing sanitary sewer main be disrupted, CONTRACTOR shall use bypass sewage pumping to avoid disrupting sewer flow during construction of the new sewer main. The cost of sewage pumping shall be subsidiary to this bid item. CONTRACTOR shall have pumps on the job site capable of handling the flow. All ditch lines shall be mechanically tamped with the cost incidental to this bid item. Backfill shall be places in 6"-8" loose lifts (12" maximum) and shall be compacted to 95% of the maximum dry density as defined by ASTM D-698 (Standard Proctor) procedures under existing and proposed pavement, and to 90% Standard Proctor procedures elsewhere. Densities shall be taken every one (1) lift at staggered hundred feet increments. The cost of cutting, plugging, and abandoning existing sanitary sewer lines is incidental to the unit cost of pipe. The ends of all abandoned lines shall be plugged with an adequate quantity of concrete to form a tight enclosure. All sanitary sewer lines shall be installed with a tracer wire. Payment for sanitary sewer line shall be by the linear foot and shall include excavation, embedment, backfill, tracer wire, testing, materials, equipment, labor, tools and incidentals necessary to complete the work. Soi�d llf�lily c� 0, �� I�,� IPubnl ,aACvo ks V - " l�l') it,i c afior� s CONNECT TO EXISTING SANITARY SEWER MANHOLE Payment for connect to existing sanitary sewer manhole shall be made for each connection made and shall be full compensation for making the connection. Connections shall be performed in a neat and workmanlike manner and made watertight. Cleaning and bypass pumping, if necessary,will be performed at no extra cost to the Owner to permit the connection. Payment shall also include the cost of plugging abandoned connections. SANITARY SEWER MANHOLE AND EXTRA DEPTH Standard Sanitary sewer manholes shall be furnished and installed in accordance with Items 502.1 of the COG Specifications and City Specifications. Payment for standard sanitary sewer manholes shall be based on the number of manholes installed for each specified diameter and shall include excavation, materials, backfill, manhole tie-ins, and vacuum testing. Payment for extra depth for standard sanitary sewer manholes shall be made on the basis of the number of vertical feet of manhole in excess of 6-feet. CONCRETE ENCASEMENT Concrete encasement shall be installed at the location shown on the plans in accordance with Item 504.5.2.13 of the COG Specifications. Concrete encasement shall have a minimum dimension of six (6) inches around the pipe. Concrete for encasement shall be Type "B" — 2,000 psi compressive strength at 28 days. Payment for concrete encasement shall be by the linear foot actually installed and shall include supporting pipe and furnishing and installing concrete. PRE-CONSTRUCTION TELEVISION INSPECTION Pre-construction television inspection shall be performed on existing sanitary sewer lines in accordance with Items 507.5.2 and 507.2 of the COG Specifications. Cleaning and bypass pumping will be performed as necessary to allow the television inspection. Measurement and payment for pre-construction television inspection shall be on a per linear foot basis for the length of pipe actually inspected. Cleaning shall be considered subsidiary to this item. POST-CONSTRUCTION TELEVISION INSPECTION Post-construction television inspection shall be performed on all sanitary sewer lines in accordance with Item 507.5.2 of the COG Specifications prior to acceptance. The CONTRACTOR shall employ a firm qualified in the type of work to make the television inspections. The City's inspector shall be present during the television inspection. The CONTRACTOR shall furnish to the City a color videotape of all television inspections. Measurement and payment for post-construction television inspection shall be on a per linear foot basis. REMOVE EXISTING SANITARY SEWER LINE Existing sanitary sewer lines where shown on the plans to be removed shall become the property of the CONTRACTOR to be disposed in accordance with local, state and federal guidelines. Payment for"Remove Existing Sanitary Sewer Line" shall be on a "per linear foot" basis and shall include excavation, pipe removal and disposal, pipe cutting and plugging, backfill and all labor and materials necessary to remove the existing line. I.Soi�d lJtHHly Pa e 6 o'f I() REMOVE EXISTING SANITARY SEWER MANHOLE Existing sanitary sewer manholes to be removed shall become the property of the CONTRACTOR to be disposed in accordance with local, state and federal guidelines. Payment for "Remove Existing Sanitary Sewer Manhole" shall be on a "per each" basis and includes the complete removal and disposal of manholes, manhole lids, rings, concrete cones, concrete walls, concrete bases, piping, and plugging the ends of the sanitary sewer mains to be abandoned with an adequate quantity of concrete to form a tight enclosure where specified, and backfilling the remaining hole to match surrounding grades or as specified. SANITARY SEWER SERVICE Furnish & Install 4-Inch PVC Sanitary Sewer Service. Four (4") inch sewer pipe covered by this bid item shall be furnished and installed in accordance with the applicable portions of Specification 501.17 "Polyvinyl Chloride (PVC) Wastewater Pipe & Fittings with Dimension Control." The Contractor shall furnish PVC Sewer Pipe (ASTM D 3034 DR 35) as specified The price per each shall include all labor, equipment and materials necessary to complete the work including excavation, embedment, backfill, internal inspection, and testing. Plan quantities based on centerline of proposed pipe to right-of-way. ADJUST EXISTING SANITARY SEWER MANHOLE TO GRADE This item shall govern only for adjusting existing manholes to grade on existing sewer lines to remain under street construction. The cost of adjusting proposed manholes to grade is incidental to the unit cost of the manhole. Adjustments shall be made with grade rings. Rings and lids shall be salvaged and reused. Measurement and payment shall be on a "per each" basis for those manholes actually adjusted. WATER LINES (BY OPEN CUT) Water line shall be furnished and installed in accordance with Item 506 of the COG Specifications and City Specifications. Water lines 6-inch through 12-inch diameter shall be AWWA C900 PVC, Class 150 DR 18, blue in color.Water lines greater than 12-inch in diameter shall be AWWA C905 PVC, Class 235 DR 18, blue in color. The cost of trench excavation, embedment and backfill is incidental to this bid item. All ditch lines shall be mechanically tamped with the cost incidental to this bid item. Backfill should be placed in 6"-8" loose lifts (12" maximum) and shall be compacted to 95% of the maximum dry density as defined by ASTM D-698 (Standard Proctor) procedures under existing and proposed pavement, and to 90% Standard Proctor procedures elsewhere. Densities shall be taken every one (1) lift at staggered hundred-foot increments. The cost of fittings and thrust blocking is incidental to the unit cost of pipe. The cost of cutting, plugging, and abandoning existing water lines is incidental to the unit cost of pipe. The ends of all abandoned lines shall be plugged with an adequate quantity of concrete to form a tight enclosure. Measurement and payment shall be made per linear foot of pipe installed or the various sizes. The unit price for this bid item shall consist of all materials, equipment, labor, tools, and incidentals necessary to complete the work. I.Soi�d lJtHHly Patl"JC" 69o'f 1() WATER SERVICE LINES Water service lines shall be replaced from the main to the meter. Water services shall be furnished in accordance with Items 501.10, 504 and 506 of the COG Specifications and City Specifications. New meter boxes shall be furnished and existing meters salvaged and reused. Payment shall be on a "per each" basis for the size of service installed (short or long side) (single or double meters) and shall include the meter boxes and connection to the existing service. REMOVE EXISTING WATER LINE Existing water lines shown on the plans to be removed shall become the property of the CONTRACTOR to be disposed in accordance with local, state and federal guidelines. Payment for"Remove Existing Water Line"shall be on a"per linear foot" basis and shall include excavation, pipe removal and disposal, pipe cutting and plugging, backfill and all labor and materials necessary to remove the existing line. RELOCATE EXISTING WATER METER Existing water meters shall be relocated where shown on the plans and shall be located per Figure 4W. The existing meter, box and appurtenances shall be removed. The existing meter and appurtenances shall be reinstalled at the proposed location and connected to the proposed service. The water service leading up to the relocated meter and new meter box shall be paid under a separate item. Payment for Relocate Existing Water Meter shall be on a "per each" basis and shall include removal, reinstallation, excavation, backfill, disposal of meter box, labor and all incidentals to relocate and connect the water service and appurtenances. RELOCATE EXISTING BACKFLOW PREVENTER Existing backflow preventer shall be relocated where shown on the plans. The existing backflow preventer and appurtenances shall be removed and reinstalled at the proposed location and connected to the proposed service. The water service leading up to the relocated backflow preventer shall be paid under a separate item. Payment for Relocate Existing Backflow Preventer shall be on a "per each" basis and shall include removal, reinstallation, excavation, backfill, labor and all incidentals to relocate and connect the backflow preventer and appurtenances. CONNECT TO EXISTING WATER LINE Connection to existing water lines shall be made in accordance with Item 501.10 of the COG Specifications. CONTRACTOR shall coordinate shutdown of water lines with City personnel. Excavation to locate exact end of pipe shall be the responsibility of the CONTRACTOR. Measurement and payment shall be "per each" existing water line connection performed and shall include necessary fittings, removal of thrust blocking, materials, equipment, labor, tools, shutdown of the line, end of pipe locating, and incidentals necessary to complete the work. I.Soi�d lJtHHly Pw-,11gP !/�O �'f Nr') V - " l�l') it,i c afior� s CONNECT TO EXISTING VAULT Payment for connect to existing vault shall be made "per each" vault connection performed and shall include necessary fittings, materials, equipment, labor, tools, end of pipe locating, and incidentals necessary to complete the work. GATE VALVES Gate valves shall be furnished and installed in accordance with Item 502.6.6.1 of the COG Specifications and City Specifications. The CONTRACTOR shall be paid for each valve installed, including box and lid. TAPPING SLEEVE AND GATE VALVE Tapping sleeve and gate valves shall be furnished and installed in accordance with Item 502.10 of the COG Specifications. The CONTRACTOR shall be paid for each tapping sleeve and gate valve furnished and installed and shall include all materials, equipment, and labor necessary to pressure tap existing water lines. TRENCH SAFETY On this project, where the trench excavation is in excess of five feet in depth, Trench Excavation Safety Protection under this bid item shall be accomplished in accordance with the Occupational Safety and Health Administration's (OSHA) Standards for trench safety that will be in effect during the period of construction of the project. The Contractor is required to receive from OSHA such OSHA Standards for trench safety. The contractor shall employ all competent persons and registered professional engineers required to comply with all the provisions of the OSHA Standard for trench safety. Excavation for manholes shall also be considered to be trench excavation for the purpose of excavation safety protection. This item shall govern trench safety for storm sewer, water, and wastewater. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price per linear foot of trench excavation safety protection and shall be full compensation for all labor, materials, designs, inspections, equipment and necessary appurtenances required to produce a project-specific trench safety plan, complete the work and for taking all other measures required to comply with the OSHA Standards for trench safety that will be in effect during the period of construction of the project. ASPHALT PAVEMENT REPAIR This item shall govern saw cutting and removing existing asphalt and installing a permanent asphalt pavement repair (Figure 15P-1) along utility trenches. Only the necessary amount of existing pavement shall be removed to install the proposed utility. Contractor shall dispose the removed asphalt pavement in accordance with local, state and federal guidelines. Payment for Asphalt Pavement Repair shall be made on a square foot basis. Saw cut, removal, and replacement of asphalt pavement beyond limits approved by Public Works shall be at the Contractor's expense. I.Soi�d lJfJ ly 71 0' N)d_ I�,� IPubnl ,aACvo ks V - " l�l') it,i c afior� s REMOVE AND REPLACE CONCRETE CURB AND GUTTER Where removal cannot be terminated at a joint, a saw cut shall be made at no extra cost to the Owner. Any existing reinforcing steel, extending from the concrete which is not removed into that which is removed, shall be retained for a length of 30 diameters into the new concrete. The CONTRACTOR shall exercise appropriate care not to damage other improvements in the process, and the CONTRACTOR shall be responsible for correction of any such damage caused during the removal process. All material removed shall become the property of the CONTRACTOR and be disposed in accordance with local, state and federal guidelines. Saw-cut and remove existing curb & gutter and construct new Class A (3,000 psi-28 day) concrete curb & gutter. Concrete curb and gutter shall be constructed in accordance with Item 305.1 of the COG Specifications and City Specifications (see Figure 2P) and shall consist of a 6-inch wide by 6-inch tall concrete curb and either 18-inch or 24-inch wide gutter section, to match the existing gutter width. Finished concrete shall have light broom finish. MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per linear foot, as measured along the face of the curb or the gutter line and shall include the cost of saw cutting complete in place and include all removal, haul-off, concrete, reinforcing steel, form work, required joint work, expansion material, approved elastomeric joint seal material, and other incidentals. REMOVE AND REPLACE DRIVEWAY FLOW LINE Saw-cut and remove existing driveway flow line and construct new Class A (3,000 psi-28 day) concrete driveway flow line. MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per linear foot, as measured along driveway flowline and shall include the cost in place of all saw cutting, removal, haul-off, concrete, reinforcing steel, form work, required joint work, expansion material, approved elastomeric joint seal material, and other incidentals. REMOVE AND REPLACE DRIVEWAY APPROACH Saw-cut and remove existing driveway approach and construct new Class A (3,000 psi-28 day) concrete driveway approach. Limit of driveway approach is from the street asphalt concrete pavement to the property line. Finished concrete shall have light broom finish. See figure DW-M MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall be at the contract unit price per linear foot, as measured along driveway flowline and shall include the cost in place of all saw cutting, removal, haul-off, concrete, reinforcing steel, form work, required joint work, expansion material, approved elastomeric joint seal material, and other incidentals. I.Soi�d lJtHHly 7") �'f Nr') V - " l�l') il'i c afior� s REMOVE AND REPLACE VARIABLE WIDTH CONCRETE FLUME Saw-cut and remove existing concrete flume and construct new Class A (3,000 psi- 28 day) concrete flume to match previous flume width, invert, and curb height. Curb height shall not exceed 12". See Figure 5D. MEASUREMENT AND PAYMENT: Payment for Concrete Flume shall be on a "per square foot" basis and shall include saw cutting, removal, haul-off, excavation, backfill, form work, concrete, reinforcing steel and labor to perform the work. Existing curb removal and replacement where applicable is incidental to this bid item. REMOVE AND REPLACE REINFORCED 4" or 5" CONCRETE SIDEWALK Saw-cut and remove existing sidewalk and construct new 4" and 5" thick concrete sidewalk. Reinforced concrete sidewalks, including reinforcing steel, shall be constructed in accordance with City details. Reinforced concrete paving shall be constructed with 3,000 psi Class "A" Portland Cement Concrete. One (1") inch thick layer of cushion sand under the sidewalk is subsidiary to the unit price of the sidewalk. Light broom finish will be required. The Contractor shall be responsible to ensure all sidewalk construction is in accordance with the Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS). Any portions of sidewalks which are constructed and do not meet the requirements of ADA and TAS will be required to be removed and replaced at the Contractor's Expense. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price "per square foot"of sidewalk removed and replaced, and shall include all materials, equipment, labor, tools, and incidentals necessary to complete the work, including pavement saw cuts. REMOVE AND REPLACE VALLEY GUTTER Saw-cut and remove existing valley gutter and construct new Class A (3,000 psi-28 day) concrete valley gutter to city standards. MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract unit price "per square foot" valley gutter removed and replaced, and shall include all materials, equipment, labor, tools, and incidentals necessary to complete the work, including pavement saw cuts. The payment for curbs on valley gutters to be included in the unit price bid for valley gutters based on the top of curb area in square feet. I.Soi�d lJtHHly � w� ,IIgP 0'f V - " l�l') it,i c afior� s r4 Ft H CITY OF NORTH RICHLAND HILLS GENERAL NOTES 1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH THE CITY OF NORTH RICHLAND HILLS' STANDARDS AND SPECIFICATIONS. WHEN SILENT, THE CURRENT "PUBLIC WORKS CONSTRUCTION STANDARDS" ADOPTED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) SHALL GOVERN. 2. UTILITY CONTRACTOR AND STREET CONTRACTOR ARE TO NOTIFY A CITY TECHNICAL CONSTRUCTION INSPECTOR AT (817) 427-6440, AT LEAST 48HOURS PRIOR TO BEGINNING CONSTRUCTION. 3. ALL CONSTRUCTION BARRICADING TO BE IN ACCORDANCE WITH CURRENT "TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS" GUIDELINES. 4. DEVELOPER / CONTRACTOR IS RESPONSIBLE FOR COORDINATING PERMISSION FROM TXDOT FOR ANY WORK IN STATE ROW. 5. ALL MANHOLE LIDS SHALL BE PAINTED BLACK. 6. PRIOR TO FINAL ACCEPTANCE OF A DEVELOPMENT, THE CITY MAY REQUIRE A FIELD SURVEY PROVIDED BY A REGISTERED PROFESSIONAL SURVEYOR TO VERIFY THAT THE AS—BUILT COORDINATES MATCH THE APPROVED DESIGN. WATER: 7. ALL WATER MAINS SHALL BE PVC AWWA—C900, DR18, CLASS 150. 8. GATE VALVES SHALL CONFORM TO ANSI/AWWA C509-87J. 9. CITY ORDINANCE PROHIBITS ANYONE (OTHER THAN CITY EMPLOYEES) FROM OPENING OR CLOSING A WATER VALVE WHICH IS PART OF THE ACTIVE SYSTEM. 10. ALL FITTINGS SHALL BE RESTRAINED WITH ANCHORING COUPLINGS OR RESTRAINING HARNESSES. 11. ALL FITTINGS SHALL BE WRAPPED WITH 8 MIL POLYVINYL PLASTIC. 12. WATER SERVICES SHALL NOT BE DIRECTLY CONNECTED TO WATER MAINS SIXTEEN (16") INCHES IN DIAMETER OR GREATER. 13. THE MINIMUM HORIZONTAL SEPARATION BETWEEN ANY WATER MAIN AND A STORM DRAIN FACILITY SHALL BE EQUAL TO 2.5 FEET OR HALF THE DEPTH OF THE WATER LINE, WHICHEVER IS GREATER. 14. ROUTE WATER LINES AROUND STORM DRAIN INLETS WITH A MINIMUM OF 12" CLEARANCE OUT—TO—OUT. 15. MINIMUM DEPTH OF COVER OVER ALL WATER MAINS SMALLER THAN TEN (10") INCHES IN DIAMETER SHALL BE THREE (3) FEET. MINIMUM DEPTH OF COVER FOR WATER MAINS TEN (10") INCHES AND LARGER SHALL BE THREE AND ONE—HALF (3.5') FEET. 16. DETECTOR CHECK ASSEMBLY SHALL BE LOCATED IN AN UNDERGROUND VAULT WITHIN A WATER LINE EASEMENT. DETECTOR CHECK EQUIPMENT SHALL NOT BE LOCATED WITHIN BUILDINGS. 17. A BILCO LID K-5 (3.5' x 3.5') OR APPROVED EQUAL IS REQUIRED ON DETECTOR CHECK VAULTS. A TRAFFIC—RATED LID (CERTIFIED AS TRAFFIC—RATED BY THE MANUFACTURER) IS REQUIRED WHEN VAULT IS LOCATED IN AN AREA SUBJECT TO VEHICULAR TRAFFIC. 18. ALL PORTIONS (EXCLUDING CHAINS) OF FIRE HYDRANT ABOVE GRADE SHALL BE PAINTED WITH TNEMEC SERIES 02H HI—BUILD TNEME—GLOSS. COLOR: CHILEAN RED. GENERAL NOTES (1 OF 3) 19. BLOW—OFF HYDRANTS ARE TO BE SURROUNDED WITH HIGH—VISIBILITY N*RTH CONSTRUCTION FENCING FOR THE DURATION OF CONSTRUCTION ACTIVITY. RICHLAND HILLS R 9-01-2015 FIGURE 1M-1 714c)'I I_1 Pu�nhr,',Vvolrks V.— �I IrP al'fl fle�Ile:; MRH CITY OF NORTH RICHLAND HILLS GENERAL NOTES SANITARY SEWER: 20. ALL SANITARY SEWER PIPE SHALL BE SDR 35 PVC (ASTM D-3034), UNLESS THE LINE IS DEEPER THAN 10 FEET, THEN SDR 26 PVC SHALL BE USED. 21. ALL SANITARY SEWER LINES ARE TO HAVE ONE JOINT CENTERED BELOW WATER MAIN CROSSINGS. 22. WHEN PLACING A NEW SANITARY SEWER MANHOLE OVER EXISTING VITREOUS CLAY PIPE, INSTALL NEW PVC PIPE ACROSS THE MANHOLE AT A LENGTH TO BE DETERMINED BY THE CITY REPRESENTATIVE. 23. SEWER MAINS WHICH REQUIRE MORE THAN AN EIGHTEEN (18") INCH DIFFERENCE IN FLOW LINES MUST BE ACCOMODATED WITH A FIVE (5') FOOT DIAMETER MANHOLE WITH AN INTERNAL DROP. 24. ALL SANITARY SEWER MAINS SHALL END IN A MANHOLE. CLEANOUTS WILL NOT BE ALLOWED. 25. THE MINIMUM HORITZONTAL SEPARATION BETWEEN ANY SANITARY SEWER MAIN AND A STORM DRAIN FACILITY SHALL BE EQUAL TO 2.5 FEET OR HALF THE DEPTH OF THE SANITARY SEWER, WHICHEVER IS GREATER. 26. THE MAXIMUM DEPTH FOR ALL SEWER SERVICE SHALL BE 10 FEET. 27. INDIVIDUAL 4" SANITARY SEWER SERVICES WILL NOT BE PERMITTED IN MANHOLES WITHOUT THE EXPRESS PERMISSION OF THE PUBLIC WORKS DEPARTMENT. 28. A MANHOLE MUST BE PROVIDED AT THE MAIN FOR ALL 6" AND LARGER SANITARY SEWER SERVICES. 29. SERVICES WHICH ARE CONNECTED TO MANHOLES SHALL BE INSTALLED A MINIMUM OF 8 INCHES ABOVE THE MAIN FLOWLINE. DRAINAGE: 30. ALL STORM DRAINAGE PIPE SHALL BE ASTM C-76, CLASS III REINFORCED CONCRETE, UNLESS NOTED OTHERWISE. 31. ROCK RIP RAP RUBBLE SHALL USE 12" (MINIMUM) ROCKS AND BE GROUTED SO THAT 6" OF THE ROCKS ARE EXPOSED. 32. NO PRECAST INLETS ARE PERMITTED FOR PUBLIC DRAINAGE SYSTEMS. STREETSCAPE: 33. ALL STREET FEATURES (TRAFFIC SIGNALS, POLES, STREET LIGHTS, STREET SIGNS, ETC.) MUST BE DESIGNED IN ACCORDANCE WITH CURRENT ADOPTED STANDARDS. CONTRACTOR SHALL CONTACT THE PUBLIC WORKS DEPARTMENT AT (817)-427-6400 FOR A CURRENT LIST OF APPROVED STREETSCAPE MATERIALS. PAVING: 34. ALL PAVEMENT FOR PUBLIC STREETS MUST BE CONSTRUCTED USING A PAVING MACHINE. 35. "CURB RAMPS" ARE TO BE CONSTRUCTED ON ALL PERMENANT CURB RETURNS AT INTERSECTIONS OF ALL STREETS OR AS DIRECTED BY THE PUBLIC WORKS DEPARTMENT. * GENERAL NOTES (2 OF 3) NORTH RICHLAND HILLS R 7-01-2009 FIGURE 1M-2 I.Soid lJfJhly 71 o �'f � V "sIIrPcifi c a'ti o r l s r4RH CITY OF NORTH RICHLAND HILLS GENERAL NOTES PAVING (CONTINUED) 36. ALL CONCRETE SHALL BE CLASS "C" CONCRETE AND SHALL HAVE 4.5 LB/IN OF CEMENT/SY, MAXIMUM SLUMP OF 5 INCHES, AND A 3600 PSI COMPRESSIVE STRENGTH AT 28 DAYS, UNLESS SPECIFIES OTHERWISE. CONCRETE SHALL BE PLACED WHEN TEMPERATURE IS 35'F AND RISING, IF THE TEMPERATURE IS 40-F AND FALLING THEN PLACEMENT SHALL BE STOPPED. NO FLYASH SHALL BE ALLOWED IN THE CONCRETE MIX. 37. OPEN CUTTING PAVEMENT TO INSTALL NEW UTILITIES IS NOT ALLOWED. THE CONTRACTOR MUST BORE THE UTILITY UNDER THE EXISTING STREET AND USE %-INCH STEEL ENCASEMENT PIPE THAT IS AT A MINIMUM CLASS 51 STEEL. SPACERS SHALL BE USED TO CENTER THE UTILITY PIPE IN THE ENCASEMENT PIPE AND THE ENCASEMENT PIPE SHALL BE GROUTED AT THE ENDS. 38, THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPLACING TEMPORARY STREET PATCHES INSTALLED ON PUBLIC STEEETS WITH PERMENANT REPAIRS WITHIN 21 CALENDAR DAYS OF OPEN CUTTING THE STREET, OR AS DIRECTED BY THE ASSISTANT PUBLIC WORKS DIRECTOR. 39. TRAFFIC LANE MARKINGS SHALL BE INSTALLED WITH APPROVED RAISED MARKINGS (TRAFFIC BUTTONS TYPE 1C, 1A, ETC.) UNLESS OTHERWISE APPROVED BY THE PUBLIC WORKS DEPARTMENT. ALL PAVEMENT MARKINGS "LEGENDS" SHALL BE INSTALLED WITH APPROVED THERMOPLASTIC MARKINGS. GRADING/EARTHWORK/EROSION CONTROL: 40. ALL AREAS DISTURBED DURING CONSTRUCTION, INCLUDING AREAS OUTSIDE THE CONSTRUCTION BOUNDARY, ARE TO BE SEEDED, HYDROMULCHED, OR SODDED TO RE-ESTABLISH VEGETATION (AT LEAST 70%) PRIOR TO FINAL ACCEPTANCE. A CUMULATIVE APPROACH WHERE A PORTION OF THE DISTURBED AREA IS 100% VEGETATED AND OTHER AREAS ARE LEFT BARE IS NOT ACCEPTABLE. 41. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COST OF A MAXIMUM NUMBER OF PASSING FIELD DENSITY TESTS ON LIME STABILIZED SUBGRADE EQUAL TO THE RATIO OF 1 PER 100 LINEAR FEET OF STREET AND ALL FAILING DENSITY TESTS AND REQUIRED MOISTURE-DENSITY CURVES. 42. ALL FILL SHALL BE COMPACTED TO 95% OF THE MAXIMUM DRY DENSITY AS DETERMINED BY THE STANDARD PROCTOR METHOD (ASTM-698). 43. STOCKPILING OF EXCESS FILLS WILL NOT BE ALLOWED WITHIN CITY LIMITS WITHOUT OBTAINING A FILL/EXCAVATION PERMIT. 44. PARKWAY GRADING SHALL NOT RESULT IN SLOPES GREATER THAN 4' HORITZONTAL TO 1' VERTICAL (4:1). 45, ALL PARKWAY GRADING SHALL BE COMPLETE IN ACCORDANCE WITH THE APPROVED PLANS PRIOR TO THE CITY ACCEPTING THE PROJECT. 46. A ROW OF CURLEX MATTING (OR APPROVED EQUAL) OR SOLID SOD SHALL BE PLACED BEHIND THE BACK CURB IN PARKWAYS. 47. SLOPES CRETED BY EXCAVATION OR FILL SHALL NOT EXCEED 3' HORITZONTAL TO 1' VERTICAL (3:1) FOR A PERIOD MORE THAN 120 DAYS. IF LONGER THAN 120 DAYS THE SLOPE SHALL NOT EXCEED 4' HORIZONTAL TO 1' VERTICAL (4:1). * GENERAL NOTES (3 OF 3) 48. ALL STATE AND LOCAL REQUIREMENTS MUST BE MET PERMITTING TO STORM WATER POLLUTION PREVENTION PLANS (SWPPP). NORTH KICHLAND HILLS R 07-01-2009 FIGURE 1M-3 !/F, �'f N 1Pubnl r,.ACvoi ks tioils MISCELLANEOUS TRENCH EMBEDMENT AND BACKFILL DETAILS NOT TO SCALE NATIVE TRENCH MATERIAL NATIVE TRENCH MATERIAL (NO ROCKS OVER 3-IN DIA.) (NO ROCKS OVER 3"IN DIA.) -- N N W W K R > a .�:y f=yVy 4ti. F4}e= Y,��B'MIN.:_A::y i•. CUSHION NO ROCKS LARGER SAND THAN 1"DIA. + ,�6'MIN:' ASTM ' C-76 RCP Y• •j.•.• '.�• :"t+' 'f r To WASHED ROCK 10 SPRING LINE 3„OF N'_ 1„ WASHED ROCK BELOW PIPE AS BEDDING NORMALLY AWWA C-900 DR-18 CLASS 150 PVC WATER STORM DRAIN INSTALL TRACING WARE ON NEW TRUNK LINES NATIVE TRENCH MATERIAL (NO ROCKS OVER 3"IN DIA.) w_ GENERAL NO7ES: 1.ALL TRENCH BACKFILL SHALL BE COMPACTED TO 95%STANDARD PROCTOR DRY DENSITY(ASTM D-698). 2.MECHANICALLY COMPACTED TRENCH +•=�;r'y ?•ytP±••.12 MIN.%- f n PEA GRAVEL BACKFlLL SHALL BE PLACED IN NO .hy;'C:�a'x''' `r=:'.'�>�•h''`" OR CHAT GREATER THAN 6"LIFTS. TESTING SHALL BE AT THE RATE OF ONE TEST PER LIFT PER 500 FEET OF TRENCH, MIN.'. AND WHERE CITY'S REPRESENTATIVE REQUIRES ADDITIONAL TESTS. 3.IF A DIFFERENT TYPE OF STORM is?;;*�?i=t DRAIN PIPE IS APPROVED BY PUBLIC WORKS A SPECIFIC EMBEDMENT d N.�~ ti:«.'^°i�[t BACKFILL DETAIL WALL NEED TO BE SUBMITTED AND APPROVED BY TI1E CITY. 4.EMBEDMENT TO BE IN COMPLIANCE WITH CURRENT TCEQ REQUIREMENTS. NORMALLY SDR 35 PVC - OVER 10' DEEP,USE SDR 26 PVC TRENCH EMBEDMENT & BACKFILL DETAILS SANITARY SEWER NORTH RICHLAND HILLS R 07-01-2009 FIGURE 3M S e)i d '�fY`r�r�l l lfllily P acl,("P 7 7 c)'I I V.— �I IrP(eai'li� rlfle�lle:; /3 BARS I\ ����/ �t3 BARS I\�����/ SAW CUT EXIST.HMAC p•TYPE PVMT. "D"HMAC 1"DEEP CONTRACTION t jBA!7 "A"CONC. 3• JT.WITH CRACK SEALERBLOCK EXIST.CONC. PVMT. VALVE BOX t 8"THICK GLASS d VALVE BOX&COVER COVER TO BE "A"COIVC. BASE BASS&HAYS TO 0-1ASS do HAYS #340—I i�— i I I 16"THICK CLASS"A" n I I I I CONC.BASE I I 8"AWWA C-900 r�i I I IF VALVE OPERATING NUT I I DR-18,CLASS IS MORE THAN 3'BELOW 150 PVC PAVEMENT OR EARTHEN V VE SURFACE—PROVIDE EXTENSION STEM TO V BELOW SURFACE VALVE WATER LINE WATER LINE VALVES WITHIN ROADWAYS VALVES IN YARDS OR OTHER AREAS OR OTHER PAVED OR SURFACED AREAS NOT SUBJECT TO TRAFFIC CONCRETE PLUG THRUST BLOCKS NOTES: 1. CLASS "A" CONCRETE SHALL SHALL HAVE 5 SACKS OF CEMENT/C.Y., MAXIMUM SLUMP CONCRETE OF 5 INCHES, AND A 3000 BLOCKS "'I — PSI COMPRESSIVE STRENGTH 'I AT 28 DAYS. T EN;. 2. ALL ITEMS SHOWN INCLUDED H IN VALVE & BOX UNIT PRICE, y F COMPLETE IN PLACE. 3. ALL WATER VALVES SHALL MEET THE MINIMUM REQUIREMENTS OF AWWA C509 AND SHALL BE MUELLER, U.S. PIPE, M&H OR CONCRETE FOR WATEROUS. THRUST BLOCKS CONCRETE SHALL BE CLASS"A" 4, MEGA LUGS ON ALL FITTINGS. THRUST 5. USE VALVE BOX STABILIZER BLOCKS FOR VALVES IN PAVEMENT OR AS SPECIFIED BY CITY 1 REPRESENTATIVE. VALVE & THRUST BLOCK DETAILS NORTH RICHLAND HILLS TYPICAL THRUST BLOCK DETAILS R 09-24-2018 FIGURE 1 W 71' 'f Nv') V.— II IrP al'fl fIvllle:; WATERLINE I GENERAL NOTES: I 1. ALL TEE INTERSECTIONS OF PUBLIC WATER MAINS SHALL INCLUDE AT LEAST 2 GATE VALVES. FACE OF I CURB I 2. ALL CROSS (DOUBLE—TEE: NO CROSS FITTINGS ALLOWED) INTERSECTIONS OF PUBLIC WATER MAINS SHALL INCLUDE AT LEAST 3 4' SIDEWALK GATE VALVES 3. VALVES SHALL NOT BE LOCATED IN SIDEWALKS, CURBS OR RAMPS UNLESS APPROVED BY PUBLIC WORKS 4. LOCATION OF WATERLINE NOT I INDICATIVE OF LOCATION REQUIREMENT. I I PRO OSED R VAL E (TYP.) z b I x I 6 10' MIN. in TYPICAL VALVE LOCATIONS N.T.S. DETAIL OF VALVE LOCATIONS AT STREET INTERSECTIONS NORTH RICHLAND HILLS R 03-02-2015 FIGURE 2W �,/.. � �I IrPdwal'fl� rlfl�vllle:; m A" PENTAGON OPERATING 0 NUT. OPERATING NUT SHALL 24" 0 36" OPEN TO THE LEFT. (� o Q u U Q m FIRE HYDRANT AS SPECIFIED NOTE: DEPTH OF HYDRANT OO LEAD AND BURY OF HYDRANT SHALL CONFORM TO GALVANIZED COVER OF PIPE AS SPECIFIED CHAIN 00 z GRADE TO BE < 5% WITHIN 3' 2" MIN. OF HYDRANT 6" MAX. ALL SIDES 2 C.F MIN. GRAVEL FILL Q OOO Op O Op O O z M.J. X FLG TEE 0 OOOD Oo�000� O0 0 D O 0 Oo Q Oo Oo�O 00 POURED CONC. O OpOOp 0 O THRUST :{ hr:;. O BLOCK- PROTECT DRAIN =: •-:": =r',;; OPENING PRECAST CONCRETE BLOCK 6" M.J. X FLG OR BRICK BASE SLAB FIRE HYDRANT DETAIL IRS GATE VALVE (SEE FIGURE 1 W FOR N.T.S. INSTALLATION) GENERAL NOTES: 1. CONCRETE SHALL BE PLACED OR POURED AGAINST UNDISTURBED SOIL. 2. ALL FIRE HYDRANTS SHALL CONFORM TO NORTH RICHLAND HILLS SPECIFICATIONS AND SHALL BE MUELLER/CENTURION, M&H MODEL 129 OR WATEROUS PACER MODEL WB-67-250. 3, NO SEPARATE PAY FOR EXTENSIONS TO FINISHED GRADE. 4. ALL PORTIONS (EXCLUDING CHAINS) OF FIRE HYDRANT ABOVE GRADE SHALL BE PAINTED WITH TNEMEC SERIES 02H HI-BUILD TNEME-GLOSS. COLOR: CHILEAN RED. 5. ROMAGRIP 6" RG-PVCAP-D ON ALL FITTINGS. 6. ACTUAL VALVE LOCATION WILL DEPEND ON LOCATION OF WATER MAIN. 7. FIRE HYDRANT NO CLOSER THAN 18" TO EXISTING OR PROPOSED SIDEWALKS. (TYPICAL) 8. BURY DEPTH SHALL NOT EXCEED 7-FEET. 9. FIRE HYDRANT SHALL BE PLACED ON THE EXTENDED LOT LINE WHEN POSSIBLE. WHEN CO-LOCATED WITH WATER METERS AT THE LOT LINE SEE FIGURE 3W-2. 10. ALL BELOW GROUND IRON ASSEMBLIES SHALL BE WRAPPED IN 8MM THICK POLYETHYLENE ACCORDING TO AWWA C105. 11. FIRE HYDRANT SHALL BE LOCATED A MINIMUM OF 1-FOOT OUTSIDE OF THE AREA BETWEEN THE P.C.'S OF THE CORNER TURNING RADIUS AT INTERSECTIONS. 12. FIRE HYDRANT SHALL BE AT LEAST 42-INCHES FROM ANY ABOVE GROUND OBSTRUCTIONS SUCH AS GUARDRAILS, RETAINING WALLS, BOLLARDS, ETC. FIRE HYDRANT DETAILS 13. ALL HYDRANTS SHALL OPEN BY TURNING THE OPERATING-STEM NUT TO THE LEFT (COUNTER- CLOCKWISE). A CLEARLY VISIBLE CURVED ARROW N*RTH AND THE WORD 'OPEN" SHALL BE CAST IN RELIEF RICHLAND ON TOP OF THE HYDRANT TO INDICATE THE DIRECTION OF OPENING. HILLS 08-09-2021 FIGURE 3W-1 P a 0 of 10 IPubn r,a ACvoi ks V.— �I IrP�eai'�i1 rlf�e�i le:; N N I w o wr LU WU LU sF � W p w �a �0¢ otf Elf zw O �z W� I— Q m a� z pY ,,l W 0 F m�Z O 'i F w~O Q W 3Qu X n a�w Q N Cw N of N ) Z=uf vlm S CD O W 1 fr W L, O 3Nn ALN3dO8d 3Nn UMdONd 9 \ 3Nnn I.LN3dONdOtl W .✓// 3N ALN3dd /o Y B M� 3 Q W Z Z O O F— o o 1 y��D13 3Nn ALN3dONd 3Nn UU3dOHd 3Nn X183dONd 3Nn Ud3dOdd d ✓/ I.SoId lJtHh�,y Pa c I of 10 �,/ SI�roeai'fic a't i o r r:s:, NOTES: 1.IF SERVICE IS INSTALLED AHEAD ITEM QUANTITY PART NUMBER OF CURB AND GUTTER, CUT AND NO. SINGLE OUBLE SIZE DESCRIPTION FORD MUELLER SHAPE PIPE TO FIT POSITION SHOWN BUT BEND DOWN ABOUT 1. 1 1 1" 90'BRASS ELBOW, FLARE L-2H-44-NL i30io'11% 5 INCHES TO MINIMIZE CHANCES COPPER X M.I.P., (QTR. BEND) OF DAMAGE DURING CONSTRUCTION OF CURB AND GUTTER. SERVICE 2. 1 1 1" BALLVALVE CB. STOP, e11-44aMA—NL 330 B LINE COVER MINIMUM 24 INCHES, F.I.P. X F.I.P. 2020ON UNDER STREET SUBGRADE AND 3. 1 1"x3 4"x7 1 2" U—BRANCH USS-43—NL H 15362N MINIMUM 12 INCHES UNDER BOTTOM 4. 1 2 3/4" BALLVALVE CB. STOP, 250 g OF CURB AND GUTTER. F.I.P. X METER YOLK B13-332W NL 24351-3N PA 2. CONTRACTOR FURNISHES ALL CJB-21-2-5NL N laeaou-2.3• 5. 1 2 3/4°x2 1/2" METER COUPLING RT5 USTED AT HIS EXPENCE. uxrc ALL ITEMS SHALL BE INSTALLED 6, 1 1"x3/4" BRASS REDUCER BUSHING 502464 BY MICHO WIILLLCBE GIVEN EXCEPT TO ITEM CONST. (REDUCING SPUD MIP X MIP) C18-34—NL INSPECTOR AND INSTALLED BY 7. 1 3/4" ALL THREAD BRASS NIPPLE — — CITY FORCES. 3.RECESSED AMR HOLE IN METER BOX SHALL BE PLACED NEAREST THE BACK OF CURB. S-6" TYP. SIDEWALK V—fi" TYP. fi" 7 1 2"FOR 5/B"%3 4 CUSTOMER SERVIC METE LINE BY OTHERS rFURNISHED&BY CONTRACTOR DFW MR2—DU OLSB LE WATER SERVICE SECTION 1"CTS BLUE HOPE WATER PIPE W/FACTOR INSTALLED SEE PLANS FOR TRACER WIRE ASTM D3035 PE 4710 LOCATION OF WATER MAIN w 2 METERlu 4 5 CUSTOMER SERVICE LINES BY OTHERS SADDLE 1 METER _ FORD#1 D1 BS—CC4 3 MUELLER j9R2—CC TAP CORPORATION F800—NE—NL OR F1000-4—O—NL DOUBLE WATER SERVICE PLAN SERVICE LINE WHEN 2 3 4 5 MAIN IS ON OPPOSITE SIDE OF STREET 7 1 2"FOR 1"CTS BLUE HOPE WATER PIPE 1 5/8'x3�4' W/FACTOR INSTALLED TRACER lMRE METE _-- ASTM D3035 PE 4710 WATER SERVICE CONNECTION DETAILS SINGLE AND DOUBLE DOUBLE WATER SERVICE SECTION N*RTH RICHLAND HILLS FIGURES 4W-1 & 4W-2 TO BE USED TOGETHER 1 7 21 2021 FIGURE 4W-1 S e�i 11.V '�fY`r1r1� 11flli�y li°r�p:,li�� �r�i°r�rli l�,'; P11c 2 of 10 IPubnl 1a ACvoi ke':r /.. ' 1I IrPeai'1i111f1e111e':; 50' STREET R.O.W. USUAL OTHER WIDTHS SIMILAR SIDEWALK SIDEWALK D15AMR D15AMR 6u;� CUSTOMER SERVICE LINES 1" POLY CUSTOMER SERVICE BY CONTRACTOR SERVICE BY OTHERS BY OTHERS TYPICAL STREET SECTION yyATER MAIN NOTES: 1. SINGLE BAND STRAP FOR 1" TAP. DOUBLE STRAPPED BRONZE OR STAINLESS STEEL FOR LARGER THAN 1" SERVICE SADDLE SHALL BE USED FOR ALL SERVICE TAPS. AWWA C800 SADDLE MUST BE DESIGNED FOR PIPE MATERIAL BEING TAPPED. 2. SERVICES SHALL BE CONTINUOUS WITH NO JOINTS FROM CORP. STOP TO QUARTER BEND. 3. METERS SHALL NOT BE LOCATED IN SIDEWALKS, DRIVEWAYS, OR OTHER AREAS SUBJECT TO VEHICULAR TRAFFIC, OR WITHIN 3' OF DRIVEWAYS OR STREETS. 4. ALL COPPER FITTINGS SHALL BE COMPRESSION FITTINGS WITH LINER/STIFFENER (STAINLESS STEEL, MUST BE A STIFFENER RECOMMENDED BY COMPRESSION FITTING MANUFACTURER. TAPS SHALL BE 1" MINIMUM. 5. METERS AND TAPS SHALL BE LOCATED ON SAME SIDE OF MAIN. 6. TRACER WIRE SHALL BE 10 AWG (AVERAGE WIRE GRADE). HDPE COATED SINGLE STRAND COPPER CLAD STEEL TO BE INSTALLED CONTINUOUSLY (NO SPLICING ALLOWED) FROM THE WATER MAIN TO THE METER BOX. 8" EXPOSED IN THE METER BOX ABOVE QUARTER BEND. 7. TYPE "K" SOFT COPPER SERVICES TO BE USED FOR GAS STATIONS AND OTHER SITES WHICH USE GASOLINE AND OTHER HYDRO CARBONS. WATER SERVICE CONNECTION DETAILS SINGLE AND DOUBLE N*RTH RICHLAND HILLS FIGURES 4W-1 & 4W-2 TO BE USED TOGETHER 7 21 2021 FIGURE 4W-2 I.Soi 11.V lJfJh�'y Prltl C" ��s''� of 10 .1 Pu�nhr""Vvolrks V.— �I IrP�mai'�i1 rlfle�ll::; r J� �J a >3W rnzoo U O V) H r < [r W W N EL m a F m U U W m 13i ~Z U Z Q 4 U O �Q O U m Z ae((n N_UN U Z m O ZOO Z O� z z [p O O p002 o rF- -� N Z[Nn Qa U� 0 cow W�(n W =,W0-> O W Z"a Q U(n p W d W "O 0 F-Z Z U O O W —o W Q Y m U J W Lfl U Z_m P, Q J O a'Lu x a H C 7 J m 0 J W W Z W 7 Z J C7 ZLJ OF 0U) O a O�Q Q 6 0[If LLI ~ W N NM IJi -=Z LJ L L U p O W U�OQ (1 O W wao¢LLJ�w Eh� LLJ O NH zp HD (/� o Z)WWZ)z p. Z W U m O U 7 QO LLJ Q W U N �C, o r' O W O W LL O a 0 p0 =� J $1 N?i Q m O w K U � � O J N p x z0 M O Z U) V)W C)Ld W p ul O ¢� z¢Q O0 0 o Lo OfO o H O �x W NW O U Z U) U U -0, 0 W 0 o m Z J n o O Lda Ucl)U) Mom_ 00 2" WATER SERVICE wz 3 NQ)RTH RICHLAND HILLS 08-09-2021 FIGURE 5W V.— tioi�s r4RH CITY OF NORTH RICHLAND HILLS WATER ABANDONMENT NOTES THE CITY OF NORTH RICHLAND HILLS SHALL BE THE SOLE DETERMINE OF APPROPRIATE ABANDONMENT PROCEDURES AND METHODS. RESTORE ALL DISTURBED SURFACES TO ORIGINAL CONDITION AND TO THE SATISFACTION OF THE PUBLIC WORKS INSPECTOR. RETURN ALL REMOVED FACILITIES (HYDRANTS, FITTINGS, VALVES, ETC.) TO THE PUBLIC WORKS SERVICE CENTER, AT THE DISCRETION OF THE PUBLIC WORKS INSPECTOR. UNUSABLE EQUIPMENT SHALL BE DISPOSED OF BY THE CONTRACTOR. THE FOLLOWING METHODS ARE APPROVED ABANDONMENT PROCEDURES FOR TERMINATED FACILITIES. ABANDONED HYDRANTS, SERVICES, BRANCH MAINS, ETC. SHALL BE TERMINATED ALL THE WAY BACK TO THE MAINLINE, AND SHALL NOT BE LEFT STUBBED OUT. WATER MAINS: 1.CUT AND DRAIN THE ABANDONED WATER MAIN WHERE EXPOSED DURING CONSTRUCTION. 2.REMOVE ANY MAINS LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY (ROW) OR WHICH WILL CONFLICT WITH NEW CONSTRUCTION. SAW CUT AND REMOVE SHORT SECTIONS OF PIPE AT A TIME. MAINS SHALL NOT BE FORCIBLY REMOVED WITH HEAVY EQUIPMENT DUE TO POTENTIAL DAMAGE TO SURROUNDING UTILITIES. 3.MAINS TO BE ABANDONED IN PLACE SHALL BE REMOVED TO CREATE A MINIMUM OF A THREE FOOT SEPARATION FROM THE LIVE PORTION OF THE LINE FOR PIPES 4" AND LARGER IN DIAMETER, AND SECURELY CLOSED AT THE PIPE ENDS BY INSTALLING A WATERTIGHT PLUG OF CONCRETE NOT LESS THAN ONE FOOT THICK. CONTACT PUBLIC WORKS INSPECTOR IN WRITING 48 HOURS IN ADVANCE, TO CHECK THE CONDITION OF THE EXISTING SERVICES PRIOR TO ABANDONMENT. 4.MAINS OUTSIDE THE PUBLIC ROW NOT ENCOUNTERED DURING NEW TRENCHING MAY BE LEFT IN PLACE, BUT VALVES MUST BE ABANDONED AS DESCRIBED UNDER "VALVES". 5.TO ABANDON LINES IN PLACE, PLUG ENDS OF ABANDONED MAIN EXPOSED DURING CONSTRUCTION WITH GROUT PLUG, BLIND FLANGE, OR CAP AS DIRECTED BY THE CITY. VALVES: 1.REMOVE VALVES AND VALVE BOXES. PLUG OR BLIND FLANGE THE WATER MAIN. 2.AN ALTERNATIVE METHOD OF ABANDONMENT IS ACCEPTABLE IF, AT THE DISCRETION OF THE PUBLIC WORKS INSPECTOR, THE VALVE CANNOT BE REMOVED. PLUG AND CLOSE THE VALVE, THEN REMOVE THE VALVE BOX. WATER SERVICES: 1.REMOVE ALL VAULTS, SETTERS AND MISCELLANEOUS FITTINGS. BACKFILL WITH CRUSHED ROCK AND COMPACT. NATIVE SOILS MAY BE USED FOR BACKFILL ONLY IF APPROVED BY THE CITY. 2.REMOVE ENTIRE SERVICE LINE BACK TO WATER MAIN. REMOVE TAPPING SADDLE, USE REPAIR CLAMP IN ITS PLACE, AND WRAP IT IN PLASTIC. 3.AT THE DISCRETION OF THE CITY, THE SERVICE LINE MAY REMAIN IN PLACE, BUT MUST BE TERMINATED AT THE MAINLINE AS DESCRIBED ABOVE. HYDRANTS: REMOVE THE ENTIRE HYDRANT AND ABANDON THE MAINLINE VALVE AS DETAILED ABOVE UNDER 'VALVES". REMOVE AND PROPERLY DISPOSE OF ANY BOLLARDS. WATER ABANDONMENT NOTES N(gRTH RICHLAND HILLS 08-09-2021 FIGURE 9W S oi d 'SfY`ee�, l lf�li�,y Pac of 10 V.- �I ITEM QUANTITY PART NUMBER NOTES: NO. SINGLE DOUBLE SIZE DESCRIPTION FORD MUELLER 1. IF SERVICE IS INSTALLED AHEAD OF CURB AND GUTTER, CUT AND 1. 1 1" BALLVALVE CB. STOP, B41- B25172N SHAPE PIPE TO FIT POSITION COMP X F.I.P. 444 NIL SHOWN BUT BEND DOWN ABOUT 2. 1 1" 90- BRASS ELBOW, L-28-44 H15530 5 INCHES TO MINIMIZE CHANCES F.I.P. X M.I.P., QTR. BEND -NL OR OR OF DAMAGE DURING CONSTRUCTION OF CURB AND GUTTER. SERVICE L-86-44 H15431 N UNE COVER MINIMUM 24 INCHES, G-NL UNDER STREET SUBGRADE AND MINIMUM 12 INCHES UNDER BOTTOM 3. 1 1" BALLVALVE CB. STOP, Bll- 330 B OF CURB AND GUTTER. F.I.P. X F.I.P. 444WR NL 20200 N 4. 1" 1" X 6" BRASS NIPPLE _ _ 2. CONTRACTOR FURNISHES ALL PARTS LISTED AT HIS EXPENCE. 5. 1 1" BACKFLOW PREVENTION - - ALL ITEMS SHALL BE INSTALLED WILKINS 1" 350 SHFT BY CONTRACTOR. 6. 1 1" HUNTER PGV101-G IRRIGATION - - 3. RECESSED AMR HOLE IN METER VALVE WITH HUNTER NODE -100 BOX SHALL BE PLACED NEAREST CONTROLLER THE BACK OF CURB, 7. 1 1" 1"Xl"X90'GLUE FITTING - - 4. INSTALL FREEZE SENSOR WITH F.I.P. X F.I.P. CONTROLLER UNIT. 8. 1 1"x2" 2"X1" PVC BUSHING - - 9. 1 2" 2" PVC GLUE X FIP 90'ELBOW - - 10. 1 2" 2" X 6" BRASS NIPPLE - - 11. 1 2" 2"F.I.P. X COMP C14 - H-15451N W STAINLESS STEEL SCREEN 77-Q-NL 3 1/2"CORE g 10 INTO EXISTING CURB '• ' 1"MIPXGLUE 5 6 2 ~` 1"PVC 1 �i U 4 7 1"PVC METER BOX FURNISHED BY •i METER BOX FURNISHED&INSTALLED CONTRACTOR(INSTALLED BY BY CONTRACTOR NDS MODEL CITY)DFW ALLIANCE MODEL D15AMR2-DU-OLSB D-1000(TO NRH SPECS) (TO NRH SPECS) 1"CTS BLUE HDPE WATER PIPE WITH FACTORY SEE PLANS FOR INSTALLED TRACER WIRE ASTM D3035 PE 4710 LOCATION OF WATER MAIN AUTOMATIC DEAD END FLUSHING DEVICE N*RTH RICHLAND HILLS 08-09-2021 FIGURE 10W Pac of 10 IPubnl 1a vlie)i ks V.— IlllrPeai'�i1r�f�e)ie:; TRENCH DAM TO INTERRUPT BEDDING AND BACKFILL / I rr rr dr OPTIONAL KEY )r BACKFILL PER I UNDISTURBED MATERIAL SPECIFICATION I_ NORMAL _ TRENCH WIDTH FINISHED GRADE r � r T�rr r r r EDGE OF TRENCH / r TOP OF TRENCH DAM EXCAVATION r ✓/ VARIES (SEE NOTE 3) GROUNDWATER PIPE r BEDDING DE r y r ! �� / UNDISTURBED MATERIAL e'(TYPO r j ON BOTH SIDES AND BOTTOM OF TRENCH * NOTES: 1. DAM TO BE CONSTRUCTED OF CONTROLLED LOW STRENGTH MATERIAL (CLSM), ALSO KNOWN AS "FLOWABLE FILL". MIX DESIGN SHALL BE SUBMITTED FOR APPROVAL PRIOR TO INSTALLATION, AND SHALL PROVIDE A COMPRESSIVE STRENGTH OF BETWEEN 50—PSI AND 150—PSI. 2. OPTIONAL KEY (*) ON EACH SIDE OF TRENCH DAM SHALL EXTEND A MINIMUM OF 1'—O" BEYOND UNDISTURBED MATERIAL (NORMAL TRENCH WIDTH). SANITARY SEWER TRENCH DAM 3. TOP OF TRENCH DAM SHALL EXTEND A MINIMUM OF 2'-0" ABOVE THE GROUNDWATER LEVEL, AS DETERMINED BY THE NEAREST BORING THE ENGINEER, BUT SHALL NOT EXCEED A DEPTH OF 1'-0" BELOW FINISHED GRADE. 4. TRENCH DAMS SHALL BE INSTALLED AS INDICATED ON THE r4 PJH CONTRACT DRAWINGS OR AS DIRECTED BY THE CITY ENGINEER. R 04-01-2018 FIGURE S I.Sord 'tlree, lJbh�'y H� I Pubn r"aVlie)iks CLASS "A" REINF. 1" DEEP CONC., MATCH CONTRACTION EXIST. PVMT. JT. WITH 2" TYPE "D" THICKNESS CRACK SEALER HMAC MANHOLE RING EXIST. \ EXIST. HMAC & COVER AS CONC. / \ PAVEMENT SHOWN BELOW PVMT. 6., TO 8' I 30" 1 THICK 3000 MAX' PSI CONCRETE PROVIDE PRECAST CONCRETE WITH 3_#3 ADJUSTMENT RINGS BARS MANHOLE TOP FOR STREET INSTALLATION CAST IRON MANHOLE FRAME AND COVER (TO BE FURNISHED AND INSTALLED BY CONTRACTOR). NATURAL BASS & HAYS PATTERN #VRM30 GRADE SET IN WITH PICK BARS OR EQUAL MORTAR MARKED "SANITARY SEWER" 30" (V NOTES: a 1. STANDARD CAST-IN-PLACE CONCRETE } MANHOLE TO BE USED WITH SEWERS 6" THROUGH 36" IN DIAMETER WHERE SPECIFIED. a 2. THE CONNECTION OF THE SEWER PIPE 6,. 4'-0" I.D.' 6" x TO THE MANHOLE SHALL BE ACCOMPLISHED BY USING MANHOLE o COUPLING OR RUBBER RING WATER I STOPS AS RECOMMENDED BY THE PIPE MANUFACTURER. �1 MONOLITHICALLY 3. CLASS "A" CONCRETE SHALL HAVE w PLACED CLASS "A" 5 SACKS CEMENT/C.Y., MAXIMUM CONCRETE SLUMP OF 5 AND A 3000 PSI COMPRESSIVE STRENGTH AT 28 DAYS. 4. SERVICES WHICH ARE CONNECTED o TO MANHOLES SHALL BE INSTALLED a A MINIMUM OF 8 INCHES ABOVE zo THE MAIN FLOWLINE. 5. EXISTING SANITARY SEWER MANHOLE SLOPE 1" PER o SHALL BE CORED 1" LARGER THAN PIPE. FOOT TYPICAL g�{ a VA IES MIN. i & F.L. SANITARY SEWER MANHOLE DETAILS NORTH 6'-O" MIN. RICHLAND HILLS R 07-01-2009 FIGURE 1 S Pac of 10 ��.,;� 1Pu bn r,:AC\lo k s NORTH RICHLAND HILLS 8" 30" C.I. FRAME & COVER BASS & HAYES PATTERN A -.12 IN? T. NO. VRM30 OR EQUAL s= MARKED "SANITARY SEWER" E.W. MIN. Mco 30" FLAT TOP ECCENTRIC CONE (USED IN PLACE OF CONE) (OFF-SET HOLE ALSO AVAILABLE) r�PRECAST CONC. GRADE RINGS 8" b z w JOINTS TO BE GROUTED o v INSIDE & OUTSIDE (TYP.) M Z REINFORCEMENT: AS=.12 IN./FT. V)w E.W. MIN. w"� 5" N.- �N 4 " a I Z PRESS SEAL KOR-N-SEAL F: OR EQUAL CONNECTOR o "' 3000 P.S.I. (MIN. ui cn _ w o I 5 SACK) CONC. a'9 AROUND KOR-N-SEAL m`t & BANDS (MIN. 6" THICK) CAOHO O�OO�00o Oo0 ou 0 OPENINGS TO FIT PIPE SIZE PRECAST BASE CRUSHED STONE FOUNDATION WALL WHICHEVER IS MIN. OR TO TRENCH 3/4"-1" IN SIZE COMPACTED WA TO 95% STD. PROCTOR DRY GREATER DENSITY (ASTM D-698) TYPICAL 48" DIA. MANHOLE (WITH PRECAST BASE & FACTORY INVERT) N.T.S. NOTES: 1. PRECAST MANHOLE TO MEET ALL REQIREMENTS OF ASTM C-478. 2. O'RING GASKET JOINT REQUIRED IN ACCORDANCE WITH ASTM C-443. PRECAST CONCRETE MANHOLE DETAILS 3. SERVICES WHICH ARE CONNECTED TO MANHOLES SHALL BE INSTALLED A MINIMUM OF NORTH 8 INCHES ABOVE THE MAIN FLOWLINE. 4. EACH INDIVIDUAL SECTION OF THE PRECAST RICHLAND MANHOLE WILL NEED TO BE STAMPED WITH THE ASTM SPECIFICATION NUMBER, THE HILLS MANUFACTURER'S NAME, AND DATE MANUFACTURED R 07-01-2009 FIGURE 2S I SoirId riSiireeN 4. F1 a(l 9 o f 1 2 MANHOLE RING [MATCH CLASS"A'REINF.CONC. Ic COVER AS EXIST.PVMT. 2"TYPE SHOWN BELOWTHICKNESS 'D'HMAC 1"DEEP CONTR. EXIST. HMAC JT•WITH CRACK PVMT SEALER EXIST.CONC. 8"TO 8"THICK PVMT. 3000 PSI 12' CONCRETE WITH MAX. 3—#3 BARS 30" PROVIDE PRECAST \ , CONCRETE ' ADJUSTMENT RINGS MANHOLE TOP FOR STREET INSTALLATION / N.T.S. CAST IRON MANHOLE FRAME AND COVER (TO BE FURNISHED AND INSTALLED BY CONTRACTOR). BASS & HAYS PATTERN #VRM30 WITH PICK BARS OR EQUAL MARKED "SANITARY SEWER". 3/8" STAINLESS NATURAL STEEL ANCHOR GRADE BOLT NUTS SET IN MORTAR +. WASHER- 1/8 x DE MONOLITHICALLY STAINLESS PLACED CLASS "A" ° STEEL STRAP ' CONCRETE 2' SPACING 0 30 MANHOLE MINIMUM iv ` o WALL PVC PIPE BOLT DETAIL Lo L� N.T.S. NOTES: w 1. STANDARD CAST-IN-PLACE MANHOLE 6" 5'-0" I.D. MIN. 6" o TO BE USED WITH SEWERS 6" THROUGH 3" PLUG PVC �• w a 8" DIA. WHERE SPECIFIED. Tom• 0 a 2. THE CONNECTION OF THE SEWER NO PLUG a PIPE TO THE MANHOLE SHALL BE CROSS PVC z ACCOMPLISHED BY USING MANHOLE 7� w NORMALLY .�:= o w COUPLING OR RUBBER RING WATER PVC COUPLING a STOPS AS RECOMMENDED BY THE Fr SDR-35 o PIPE MANUFACTURER. PVC PIPE SLOPE 1" PER a 3. CLASS "A" CONCRETE SHALL HAVE FOOT TYP. 5 SACKS CEMENT/C.Y., MAXIMUM SLUMP 90' LONG OF 5", AND A 3000 PSI COMPRESSIVE BEND PVC 11 VARIES STRENGTH AT 28 DAYS. 4. SANITARY SEWER MANHOLES WITH MORE THAN ONE INTERNAL DROP ARE TO BE 6-FOOT IN DIAMETER. SANITARY SEWER DROP MANHOLE DETAILS 7'-0" MIN. I NORTH STANDARD CAST—IN—PLACE RICHLAND CONCRETE DROP MANHOLE HILLS N.T.S. R 07-01-2009 FIGURE 3S I o d ,Sti eer, V 6P a(,l 9(") o'f 1 V BId Prok")o sa. W. SEWER z 4" SERVICE LINE MAIN a /7"z V)co E NOTE AS BELOW) STANDARD SEWER SERVICE TEE-WYE (MULTI FITTINGS CORP. PART NO. 480251 FOR 6" MAIN OR APPROVED EQUAL.) 9'-8" ,j TYP. rWER TRENCH v_I4" SERVICE LINE WALL - oa �o WHERE CUSTOMER SERVICE LINE IS NOT a z INSTALLED, PLUG SEWER WITH PLASTIC OR V.C. STOPPER AND DRIVE #3 BAR w AS SPECIFIED. IN ADDITION, TIE GREEN o w MARKING TAPE TO THE END OF THE BEND AND STACK PIPE SERVICE PIPE AND EXTEND IT TO THE BY CONTRACTOR AND SURFACE. SHALL BE INCLUDED IN 1 PRICE BID FOR DEEP SERVICE CONNECTIONS. 1 MAX -t 6" OF CL. "A" CONC. ^`•' AROUND TEE-WYE AND SLOPE AS SHOWN. DEEP-CUT SEWER SERVICE r SEWER MAIN SEWER SERVICE CONNECTIONS NOTES: 1. TOP OF SERVICE SHALL BE SUFFICIENT DEPTH TO PROVIDE ADEQUATE FALL FROM THE FACILITY TO BE SEWER SERVICE CONNECTION DETAILS SERVED. 2. CLASS "A" CONCRETE SHALL HAVE 5 SACKS OF CEMENT, MAXIMUM SLUMP OF 5 INCHES, AND 3000 PSI NORTH COMPRESSIVE STRENGTH AT 28 DAYS. RICHLAND HILLS R 07-01-2009 FIGURE 4S I o d V r���lral`Q'��r� `[`e�kr��aN' km. l� P, 91 of l(") 1k °[ 1 P uk.l[Ico A voI ks MRH CITY OF NORTH RICHLAND HILLS SANITARY SEWER ABANDONMENT NOTES The City of North Richland Hills shall be the sole determine of appropriate abandonment procedures and methods. Restore all disturbed surfaces to original condition and to the satisfaction of the Public Works Inspector. 1. Abandon in-place any un-used existing sanitary sewer lateral pipe from back of the curb to the sewer main when the sewer main is under pavement.. 2.Any existing pipe occupying the same trench that will be used by a new line must be removed and cannot be abandoned in place. 3.Any pipe to be abandoned,main line or service lateral, is to be separated to create a minimum of three feet separation from the nearest active main line segment. 4.In the event of a service lateral disconnection from an active main,or an inactive main disconnection from an active main in the absence of a manhole,the active main shall be repaired as follows. a)If the original lateral connection was made with a factory"wye",then the"wye"is intact and undamaged shall be sealed appropriately to prevent material or water intrusion. b)If the original lateral connection was made in any other fashion besides a factory"wye"or the factory"wye"is damaged,then the active sewer main section shall be replaced to eliminate the existing connection point in order to adequately seal the main. c)The main section to be replaced shall extend to the nearest factory pipe"bell'or joint as applicable. 5.Fill abandoned pipe with backfill material:sand, or controlled density fill(CDF)such as flowable fill,controlled low-strength material(CLSM), flowable mortar, plastic soil-cement, soil-cement slurry, or K-Krete.CDF must have unconfined compressive strength of 100 psi or less to allow for future excavation of the area. 6.If sand is used to fill abandoned pipe,securely close each pipe end by installing a watertight plug of concrete,controlled density fill (CDF),controlled low-strength material(CLSM), flowable mortar, plastic soil-cement,soil-cement slurry,or K-Krete not less than two feet in length. 7. Pipes to be abandoned that are non-continuous or broken by construction activity are to be repaired sufficiently to contain the selected abandonment backfill material. If such repairs are impractical or SEWER ABANDONMENT NOTES infeasible,the pipe(s)shall be removed and properly disposed. N(9RTH 8. Un-used pipes between the curb and the RICHLAND right-of-way are to be removed and disposed HILLS (not abandoned in place). R 9-23-2015 FIGURE 5S I o d ,°sir eer, V P a(� ,l 9 2 of ) I� "[ 6 Puk.nhc\Cvo ks 0 z O Fnzf2 W J w z J H p w a W m o � in }W� "' a W Ld U U Ld z a}F �W ®WJ U v O¢ KKW (y U XN ��® w 3 o V) is Z N� O Ld W o ^c _U N o D_ O w 0 S318YA a� �J ^ z¢ X V)a wa �N C. x 00 i�/7 N wm z =_ mw z� U O zir F in X 7 W U' PERMANENT ASPHALT PAVEMENT REPLACEMENT NORTH RICHLAND HILLS R 07-01-2009 FIGURE 15P-1 V. of 1(") J z J Z Q Y� NI~F WZ �m�JJ J Q W U > W W W 6 C3 m W Q Z W 70 Z- _ �� UUOf H �J U V U W J 2 EL m W U N Uv du-m N 43rfi�L'l�k. t,�yt N F VARIES 1. AN ALL WEATHER PATCH MUST BE INSTALLED WITHIN 5 DAYS OF OPEN CUTTING ANY PUBLIC STREET. TEMPORARY ASPHALT PATCH NORTH RICHLAND HILLS R 07-01-2009 FIGURE 15P-2 2 ,W '12'-0" MIN. 1/ " REDWOOD EXP. JOINTS (USUAL) IN CONC. (TYP.) f -3"i 3- R.O.W. p,w m I 3.�BAR 6:11i" SaPDEWpALK (VYREN RLt"D) TOOLED', w JOIN1` TOOLED EDGE � 4 m, (TYP.) . STD. CURB a. �� T- 18. & GUTTER 1 " FLARE ROUT' AND SEAL. DOWEL INTO (TYP,) WITH GRAN SILICON EXISTING CURB HORIZONTAL CURB CUT TYP. DO NOT DISTURB EXISTING NOTE: EXISTING CURB SHALL NOT BE GUTTER FLOWLINE) TRANSITIONAL CURB CUT CUT UNTIL DRIVEWAY IS FORMED, A 4' SHALL HAVE A RUN OF 18" BUFFER OF INTACT SOIL BEHIND THE PLAN AND SHALL RISE FROM 1" BACK OF CURB SHALL BE PRESERVED ABOVE THE GUTTER FLOWLINE UNTIL THE CURB IS SAWC'UT. GUTTER TO MEET THE EXISTING TOP I.INE OF CURB. FLOW 1.. S" 12" 12'-0" MIN, DRIVE M#18" EXIISTING CURB cc (USUAL) GUTTER (TYP'.) 18" TRANSITIONAL TRANSITIONAL CURB CUT (T`Y'P.) AWCUT DETAIL CURB CUT (T"YP.) *RECONST. TO THE 10" 0" USUAL LIMITS NECESSARY PARKWAY WIDTH TO MATCH EXIST, 4"...0"" 6"-0'" USUAL 24" SAWCT 3/4" TO I" ABOVE THE * SIDEWALK j GUTTER FLOWLINE. NOTE I SECTION f *DESIGN GRADE FOR A MAX. ISLGPE 1 4" FT OF 18% BREAKOVER BETWEEN GRADES 15" APART. MAXIMUM g" ALGEBRAIC GRADE DIFFERENCE 3 BARS 61 IS 12 AT A GIVEN BREAK 18" O.C.E.W. R.O.W. 1." SAND S"12" POINT. LINE CUSHION EXIST. PAVEMENT TOP OF CONC. HERE INCREASE TO EXIST. DRIVEWAY IS 1 1/2" ABOVE 6" 0 GUTTER GUTTER TOP OF CURB SECTION NOTES: 1. A HORIZONTAL CURB CUT IS REQUIRED FOR ALL DRIVE APPROACHES ONTO EXISTING STREETS. THE CURB CUT SHALL BE 3/4" TO 1" ABOVE THE GUTTER FLOVAJNE. 2. ALL EXPOSED EDGES SHALL BE GROUND TO A 1/4" RADIUS. RESMENTIAL (DRIVE DETAILS 3. MINIMUM' THICKNESS OF DRIVEWAY IS 5', USE 3000 PSI COMPRESSIVE' STRENGTH UR CONCRETE W48 RS FR THEMTIME NORTH THE, CURB IS SAWCUT. RICL1I s. PARKWAY. SIDEWALK, AND DRIVEWAY SIDEWALK SECTION WILL ALL HAVE A 1/4" PER FOOT SLOPE DOWN IN THE DIRECTION OF HILLS THE TOP OF CURB. 6, SEE FIGURE 4P FOR EXPANSION JOINT DETAIL, R' 07-01-2009 FMIRE 11P-1 I.IoIYLI ';:�i�r�r�N' V.r�I�IraIQ°�Ir� l `[`IvLlr'�aN' 6P a 9 of 10 II "[ 1 PLalnhr,', A vol ks \ BId Pr oIk, o sa. (�rsvu> R.O.YV. a � I err t3 5 ORIVEWAY(( ER 'SF) 0 UNITS OF ORINEWAY QUANTITY Driveway wl Radius(Traditional) Area -sf Radius 5 1,0 15 20 25 30 12 13421 16931 22272 29588 364.02 43516 14 154,21 189,31 242.72 315,88 384,02 455,16 16 174.21 209.31 262.72 335.88 404.02 475.16 18 194,21 229,31 282.72 355,88 424,02 495,16 20 21421 249.31 302.72 375.88 444.02 515.16 22 234,21 26931 1 32272 39588 46402 535,16 24 254.21 289.31 342.72 415.88 484.02 555.16 26 274.21 309,31 362'.72 43588 504,02 575,16 28 294.21 329.31 382.72 455.88 524.02 595.16 30 314,21 349,31 4©2.72 475.88 544,02 615,16 35 364.21 39931 452.72 52588 59402 665,16 12' rage. (Uio AL) R.O.W: Driveway wl Flares rr�,y r imm N li Area(s� 12 136.25 14 156.25 16 176.25 18 996,25 20 216.25 22 236.25 24 256.25 26 276.25 1r 1e, 28 296.25 ITS OF DRIVEWAY QUAN'DTY----1 30 316.25 12"FLARE-) 35 366,25 (TYP.) I. o d ',,sir eer, V. 6P a 96 of 10 Jj" REDWOOD EXPANSION ,HINTS SIDEWALKS 'SHALL BE MARKET] AT SHALL BE PLACED AT 40,' INTERVALS INTERVALS EQUAL TO THE WIDTH OF AND AT ALL INTERSECTIONS WITH THE WALK WITH A MARKING TOOL. OTHER CONCRETE. R.O.W. e A' 4 yu, L4 1 I: I . CURB SIDEWALK / DRIVEWAY CONN'ECTI0N Cu" STREET SECTION SIDEWALK SECTION COLD APPLIED ,JOINT 'SEALANT CHAMFER SLOPE OP—E 1 4I _PER FT. DRT FBIN .q T SIDEWALK THICKNESS 9" MIN. O w 1" SAND 5* 8" SCARIFIED AND RECOMPACTED SUBGRADE. TO PROJECT SPECIFICATIONS 8" SIDEWALK LUG CNO SEPARATE PAY ITEM —/ 8'" MIN. PENETRATION 4 DEFORMED DOWEL SIDEWALK LUG DETAIL BARS AT 18" C/C t PARKWAY, SIDEWALK, AND DRIVEWAY STANDARD SDEWALK DETAIL SIDEWALK SECTION WILL ALL HAVE A 1'/4' PER FOOT SLOPE DOWN IN THE DIIRECT10N OF THE TOP OF CURB. 2. SIDEWALK PERMITTED AT BACK OF CURB WITH 4"-0" (USUAL) PRIOR, AUTHORIZATION ONLY. 3. ALL.EXPOSED EDGES SMALL BE GROUND TO A TOOLED SLOPE 11/4" PER FT. TOOLED 4. 3000 PSI COMPRESSIVE STRENGTH EDGE IN DIRECTION OF CB. EDGE CONCRETE WITH 5" MAXIMUM SLUMP. 5. SIDEWALK SHALL BE BRUSHED TRANSVERSELY TO OBTAIN A SMOOTH UNIFORM BRUSH FINISH. 4" TYP. SIDEWALKS BARS 018' O.C. 1" SAND CUSHION LONGITUDINALLY NORTH #3 BARS 0 18°" O.C. TRANSVERSELY RICHLANID HILLS R' 02-01-2012 FIGURE 11P-3 V P1`elkr�raN' 6'aclr" r1'f I�; V &d 1'01':)C ra. 12'-0"° MIN. 1/2" REDWOOD EXP. JOINTS (USUAL") IN CONIC. (TYP.) , R.O,W, ° ,BARS,tls f; It SIDE"NAI I C CmE W ( qEN w JOOIONLtb T, zl En 2 #3 BARS EACH STD, CURB Wt CURB RADIUS & GUTTER " 1/2" EXP JT —I— (TYPICAL)' I +-3" I2' DOWEL INTO ROUT AND SEAL WITH GRAY SILICON EX NG CURB LIMITS OF HORIZONTAL CURB CUT (DO NOT DISTURB THE EXISTING GUTTER FLOWLINE) VERTICALLY DOWEL INTO EXISTING CURB PLAN (TYP.) NOTE: EXISTING CURB SHALL NOT BE *'RECONST'., TO TH- 1O'-O" USUAL CUT UNTIL DRIVEWAY IS FORMED. A 4' LIMITS NECE55AR PARKWAY WIDTH BUFFER OF INTACT SOIL BEHIND THE TO MATCH EXIST. 4"_O" W—O" USUAL 24q" BACK OF CURB SHALL BE PRESERVED SIDEWALK UNTIL THE CURB ISSAWCUT. I SECTION SAWCUT 3/4" TO 1" ABOVE THE GUTTER' IFLOWUNE. 5LOPE 1 4" T ODE5IGNI GRADE FOR A MAX. OF . 18X BREAKOVER'. BETWEEN! GRADES 5" 15' APART. MAXIMUM ALGEBRAIC R.O.W. I" SAND 5 12" GIVEN BR GRADE IEAKK PONT. FFERENCE 1274 AT A LINE CUSHION EXIST. PAVEMENT TOP OF CONC. HERE INCREASE TO EXIST. (DRIVEWAY IS 1 1/2" ABOVE 6" 0 GUTTER GUTTER TOP OF CURB SECTION 1. A HORIZONTAL CURB CUT Is REQUIRED FOR ALL DRIVE APPROACHES ONTO EXISTING STREETS. THE EXISTING CURB CUT SHALL BE 3/4" TO 1" #' a" (USUAL) ABOVE THE GUTTER FLOWUNE. 2. ALL EXPOSED EDGES SHALL BE GROUND TO A TOOLED SLOPE 1/4" PER FT. TOOLED 1/4" RADIUS. EDGE IN DIRECTION OF CB. EDGE 3. MINIMUM THICKNESS OF DRIVEWAY IS 5', USE 3000 P'SI COMPRESSIVE STRENGTH CONCRETE WITH 6' MAXIMUM SLUMP. .. 4. CONCRETE TO IBE POURED WITHIN 48 HOURS FROM THE TIME THE CURB & GUTTER IS 'SAWCUT. 5. PARKWAY, SIDEWALK, AND DRIVEWAY SIDEWALK 4" SECTION WILL ALL HAVE A 1/4" PER FOOT SLOPE. #3 BARS 0 18" O.C. DOWN IN THE DIRECTION OF THE TOP OF CURB. LONGITUDINALLY 1 SAND CUSHION 6, SEE FIGURE 4P FOR EXPANSION( JOINT DETAIL. #3 BARS 0 18" O.C. RESIDENTIAL DRIVE DETAILS TRANSVERSELY' [DETAIL NORTH STANDARD SIDEWALK RICHLAND HILLS R 07-01-2009 FIGURE 11'P-2 fig: �1'I 1(")15�1�I�.I ri�'�i�r�r�I' 4. �1�Iral`Q°��r� I `[`Ivllr"��al' � � 2 Ik "[ 1 PLlk.lhc\vol ks \ &d i ok,)o ra. Jj" REDWOOD EXPANSION JOINTS SIDEWALKS 'SHALL BE MARKET] AT SHALL BE PLACED AT 40,' INTERVALS INTERVALS EQUAL TO THE WIDTH OF AND AT ALL INTERSECTIONS WITH THE WALK WITH A MARKING TOOL. OTHER CONCRETE. R.O.W. e 1n e�4�^ A CURB CURB SIDEWALK Z DRIVEWAY CONNECTION STREET SECTION SIDEWALK SECTION COLD APPLIED ,JOINT 'SEALANT CHAMFER SLOPE 1 4" PER FT. " -- B. IN DIR TION I F T SIDEWALK: THICKNESS 9" MI w 1" SAND 5* 8" SCARIFIED AND I RECOMPACTED SUBGRADE. TO PROJECT SPECIFICATIONS 8" SIDEWALK LUG (NO SEPARATE PAY ITEM) 8" MIN. PENETRATION 4 DEFORMED DOWEL SUIEWWALK LUG DETAIL BARS AT 18- C/C 1. PARKWAY, SIDEWALK, AND DRIVEWAY STANDARD SIDEWALK DETAIL SIDEWALK SECTION WILL ALL HAVE A 1/4' PER FOOT SLOPE DOWM TIN THE DIIRECT10N OF THE TOP OF CURB. 2. SIDEWALK PERMITTED AT BACK OF CURB WITH 4"-0" USUAL PRIOR AUTHORIZATION ONLY. 3. ALL EXPOSED EDGES SHALL BE GROUND TO A TOOLED SLOPE 1/4" PER FT. TOOLED 4. 'U RADSE 3000 PSI COMPRESSIVE STRENGTH EDGE IN DIRECTION OF CB EDGE CONCRETE WITH 5" MAXIMUM SLUMP. tea. SIDEWALK SHALL BE BRUSHED TRANSVERSELY TO OBTAIN A SMOOTH UNIFORM BRUSH FINISH. 4` TYP. &DEWWALKS LONGITUDINALLY �,� OAR'S 018" O.C. 1" SAND CUSHION NORTH #3 BARS 1 18" O.C. TRANSVERSELY RICHLAN HILL'S' R 02-01-2012 FIGURE 11P-3 4. 99 of 1(") V &d 1'01':)C ra. 10'-0" MIN 3'-0" MIN 18" (MIN) 6" 4 MAX s" #'1 ]l11� f1 1 e" (fli4t kICTIsClf711P�1�IlIIIC14MIlq�� uldlrvi'skyl ylllglhlllllp "�%11 U�'J1d 1 i6 ar +x .Iri., :n a 6" CRUSHED m 5" 6" STONE OR WASHED ROCK C Z 3.000 P.S.I CLASS z m "A" CONCRETE �^ FILTER FABRIC MAY BE REQUIRED #3 BARS O DEPENDING ON 18" O.C. (TYP) SOILS CONDITION EACH WAY NOTES: 1. FLUME SHALL BE CONTAINED IN A PERMANENT DRAINAGE EASEMENT AT LEAST 10' IN WIDTH WITH A MINIMUM OF 18" OF EASEMENT ON EACH SIDE OF THE FLUME MEASURED FROM BACK OF CURB. 2. SIDE SLOPES SHALL BE SMOOTH EARTHEN FREE OF ROCKS AND SHALL RECEIVE THE FOLLOWING; 6" OF TOPSOIL, HYDROMULCH, AND A SOIL RETENTION BLANKET, OR AN ALTERNATIVE APPROVED BY THE PUBLIC WORKS DEPARTMENT. ALL VEGETATION SHALL EXTEND TO THE EASEMENT LINES ON EACH SIDE OF THE FLUME. 3. NO FENCING WILL BE PERMITTED THAT ENCROACHES OR CROSSES THE FLUME. 4. 12" MINIMUM DIAMETER ROCK RUBBLE RIP—RAP, GROUTED WITH ONE HALF OF ROCK EXPOSED MUST BE INSTALLED AT THE OUTFALL TO MINIMIZE EROSION. 5. EXPANSION JOINTS SHALL BE CONSTRUCTED AS REQUIRED BY THE PUBLIC WORKS DEPARTMENT. 6. CONTROL JOINTS SHALL BE CONSTRUCTED AND SPACED IN DIRECT PROPORTION TO THE WIDTH OF THE FLUME, I.E. 5' FLUME WIDTH RESULTS IN 5' CONTROL JOINT SPACING. 7. FLUMES WHICH INTERSECT SIDEWALKS OR FUTURE SIDEWALK LOCATIONS SHALL BE CONSTRUCTED WITH ADA ACCESSIBLE RAMPS TO ACCOMODATE THE CROSSING. FLUMES SHALL NOT BE "BRIDGED" BY STEEL PLATES OR OTHER SUCH STRUCTURES. 8. THE CONCRETE FLUME DETAILED IN THIS DRAWING IS NOT INTENDED FOR USE AS A PILOT CHANNEL IN EARTHEN CHANNELS. SEE DETAIL 4D FOR CONCRETE PILOT CHANNEL REQUIREMENTS. CONCRETE FLUME NORTH RICHLAND HILLS R 07-01-2009 FIGURE 5D `ac 1(.0 of 10 �k "[ 6 Puknhr,',A vol ks 20" MIN. RADIUS TO FACE OF CURB USUAL (SEE PLAN—PROFILE) BACK OF CURB CLASS "C" CONCRETE 2'-6" OVERALL SEE NOTE FOR METHOD (TYPICAL) I OF PAYMENT ,CURB INTEGRAL STAN ARD CB. I CURB INTEGRAL WITH VALLEY & GU 1WTH VALLEY' I 8'-0" MIN. ACROSS SIDE STREETS 10'—O"' MIN. ACROSS THRU STREETS \"—H.M.A C. SU'RFACE ACTUALSEE ADIM NSIFILE ONS)FOR - 10"-0" MIN. (SEE BEGIN NORMAL PLAN—PROFILE FOR CROWN ACTUAL DIMENSIONS) NOTE: PAYMENT FOR CONCRETE 1/2" PREMOLDED EXP, JT, VALLEY WILL BE BY THE SO.. FT. MATERIAL AT ENDS OF CURB INTEGRAL CURB & GUTTER WILL RETURNS (TYPICAL) BE PAID FOR BY L.F. OF CURB & GUTTER OF SIZE AS SHOWN. PLAID NOT TO SCALE REINF. #3 BARS 0 18" O.C.E.W., INCLUDED IN BID PRICE PER SO. FT. 1 1/2" OR AS DIRECTED BY OF CONC. VALLEY PAVEMENT AS THE OWNER'S PROJECT SPECIFIED ON REPRESENTATIVE. ADJACENT STREET' 8'-0" MI!N, FOR SIDE STREETS 10—0 MIN. FOR THROUCnH STREETS PREPARED OR \—LOWER PART OF PAVEMENT STABILIZED UNDER VALLEY tiMiEN PAVEMENT SUB'GRADE THICKNESS EXCEEDS 6". SECTION PAYMENT INCLUDED IN BID NOT TO SCALE PRICE OF CONC. VALLEY. NOTE: CONCRETE SHALL BE CLASS "C"', 3600 CROWN TRANSITION PSI COMPRESSIVE STRENGTH AT 28 DAYS. FOR CONCRETE VALLEY DISTANCE FROM CROWN (L OF VALLEY 6' 7' 1 6' 0' 0.000' 0.000' 0.000' 5' 0367' 0.167' 0....167' 10' 0.290' a2I40' 0.260' CONCRETE VALLEY DETML 20, 0.445' 0..445' a46 30' a500' 0.540' 0.560' NORTH 40' 0SOO, 0.5ex maw 50' 0.500' M63' 0.687' RICHLAND HILLS R 07-01-2009 FIGURE 9P' I. o d N;)°l of N;) V &d Piro,:;)o ra. U) M'0'a r m (n o ;o < SsSngN � w53 w WH m 000cococoo ` Www po m y m �n�pp mI� m � OF-LLLL m i.7 O O N A. . 1. m O o O o o G o o :: ;•' LLJ 25 \\ QJ(n o cZO o c o c y pp n o0 O O N Ill �Jrfe •11CL�'1 / <0 Yf W O O O C •j /\ Q W O�0 N p7�I b i0 EO N N l�V l�V lmV N 0 R F O 'O J_ Z \/ m Lu N < O U W \ O N W p } a O U < O i H 2 OWUU \\\ av [rW< / N s m Q=NLL } o m W a�m� \ 3 x w o0 U ■ p W SL N / U) O ~ N Fa 20 \\ ~ p \ O N � ^ F Uy N YAW �\ IJ V w < m c cn O J 2 �Z 7 < W < _ < \\ O �: Z wo 1<1 f�0m ai aLd Ld NLd = N= /\ U Z w¢ Qaa[F<ism wmz cF m p m O m Q U (I��W vo, mmC(g B �W r3 NLLj Np ir z qq�R�IaaoA 9 ma IWnm \� \F \ z wa�mZ���q� rc iw w ~wi rn w am / m w QON CZ_c o = Icy j=��Lww1m<l w �� \\ Um L O Z O WWZ-3ow2=� pF 'may Y=O WH�K �K O�m�o2 W�vl LSO ';•a.';: \/ <U i7f i�im4 rc� p<<ww, a$ QW ....i, ~� W W<W } < � a= ■ m :A :: //� m w �obl a�§gib~`mz m~ WKZ�F� CU�I Ld > O xx < o<m`9 VlU C7 ;Or', / Q Z mir')Zcoo 5, wo Np LLJ HF-Z�Wrca \ < W���yW } . Mob,..+_.': \\/ W m �r�Zt71=m���� am It J a COLLECTOR STREETS a c HOT MIX ASPHALT CONCRETE PAVEMENT Q v a� F NORTH _ _ « RICHLAND "m HILLS U m x W� R 07-01-2009 FIGURE 3P I. o d P afir, I )2of I(") NORTH RICHLA Nil HILLS iq RM THE CITY OF C H O 1 C F PURCHASING DEPARTMENT REQUEST FOR BID 23-030 Bond Street Utility Improvements BIDS DUE WEDNESDAY, OCTOBER 18, 2023 BY 10:00 A.M. Contents INVITATIONTO BID.............................................•--.....................................------•----.................... 3 GENERALCONDITIONS ............................................................................................................4 MINIMUM INSURANCE REQUIREMENTS............................................................................ 11 NON-COLLUSION AFFIDAVIT OF BIDDER.............................................................-............ 17 BIDCERTIFICATION ................................................................................................................ 18 COMPLIANCE WITH HOUSE BILL 1295................................................................................ 19 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY................................................ 20 CONFLICT OF INTEREST QUESTIONNAIRE..............................................:.......................- 21 CONTRACT CHANGES GRID .................................................................................................. 24 CONFIDENTIALITY OF PROPRIETARY INFORMATION................................................... 25 CONSTRUCTION AGREEMENT............................................................................--.............. 26 BIDPROPOSAL............................................................. ...................................................3.3 SPECIALCONDITIONS............................................................................................................. 52 SPECIFICATIONS...........:........................................................................................................... 64 Bond Street Utility Improvements Page 2 of 102 1 - Bid Documents INVITATION TO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 23-030 ➢ Bid Type: REQUEST FOR BID ➢ Bid Naive: BOND STREET UTILITY IMPROVEMENTS ➢ Bid Due Date: Wednesday, October 18, 2023 ➢ Bid Due Time: 10:00 A.M. Central Daylight Time ➢ Deadline for questions: Date: Friday, October 13, 2023 Time: 12:00 P.M. Central Daylight Time DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: www.Dublicl)Ltrchasc.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 addendutms 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 corer page to the last page of the bid — pages in order. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills, Bond Street Utility Improvements page 3 of 102 1 - Bic! Documents GENERAL CONDITIONS In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shalt 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 10.00 A.M. Wednesday, October 18 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 Dills reserves the right to waive any irregularities and to snake 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. Bond Street Utility Improvements Page 4 of 102 1 - Bid Documents However, the City of North Richland Hills reserves the right to waive any irregularities and to malce 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 detennining 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; E) Total long tern cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, General Conditions and Specifications; i) Results of testing, if required; j) Warranty and/or guarantee,maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty(60)days after the opening of bids.No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. S. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be pennitted after award of bid without prior written approval by the Purchasing Manager, 9. DELIVERY/ACCEPTANCE Bond Street Utility Improvements Page 5 of 102 1 - Bic/ Documents The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall inumdiately be given to the Purchasing Manager, stating all relevant inforz-nation. Such notice shall not in any way be construed as a.waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive,not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term"brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an"equal"product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. Bond Street Utility Improvements Page 5 of 102 1 - Bid Documents 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City(CMA-074, Standards of Conduct, Section IV). 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City, The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder,and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any inatter 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 shalt have no Bond Street Utility improvements Page 7 of 102 1 - Bid Documents application when the negligent act of City is the sole cause of the resultant injury, death,or damage,unmixed with the legal fault of another person or entity.Contractor further agrees to defend,at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its oven benefit,including self-insurance. 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred(100)percent of the total contract price; if the total contract amount exceeds$50,000 the contractor shall be required to execute a payment bond in the amount of one hundred(100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or 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 �r] 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. WYes, we agree [ ]No, we do not agree Bond Street Utility Improvements Page 8 of 102 1 - Bid documents 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 85" Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code,vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. NYes, we agree [ ] No,we do not agree By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subject to the contract prohibition under Section 2252.154 of the Texas Govermnent 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 rare. I understand the expectations of ethical behavior and compliance with the law,and agree to adhere to the City's ethics policies. https://www.nrlitx.com/DocumentCenter/View/389/Code-of-Etlilcs---PDF?bidId I agree [ ] I do not agree 25. DEPARTMENT OF TRANSPORTATION (TXDOT)RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to subunit bids in response to this invitation and will not be discruninated 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 ornissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. 26. UNIT PRICE CONTRACT The contract for this project is a"Unit Price" Contract. As such,the City of North Richland Hills reserves the right to add and/or delete quantities to specific pay items. The City of North Richland Hills may further delete an entire unit price pay item if the City of North Richland Hills desires. The City of North Richland Hills reserves the right to increase or decrease the amount of work to be done by any amount not to be exceeded by twenty-five Bond Street Utility Improvements Page 9 of 102 1 - Bid Documents percent(25%)of the original contract amount. In the event the increase pertains to items not originally bid,the Contractor shall submit a bid in writing to the City of North Richland Hills for approval, It is further agreed that lump sum prices may be increased to cover additional work ordered by the City of North Richland Hills but not shown on the plans or required by the specifications, in accordance with the provisions of the general conditions; similarly, lump sum prices may be decreased to cover deletion of work so ordered. The City of North Richland Hills reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other than by said Contractor. An increase in bid item unit quantities that is not offset by a decrease in another bid item's unit quantities and results in an increase in the total not to exceed contract amount will require a Change Order. Band Street Utility Improvements Page 10 of 102 1 - Bid Documents MINIMUM INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of North Richland Hills. The following guidelines are designed to show the most common minimum insurance requirements for standard contracts and agreements with the City. Non-standard agreements may require additional coverage and/or higher limits. Coverage Amounts required for non-standard agreements to be determined by the department and the City Manager. General Contracts for Services.: Service work, and general maintenance agreements, etc. . Commercial General Liability Automobile Liability 7 Workers' Compensation& Employer's Liability .: Payment and Maintenance Bond(if applicable) *See Exhibit A for insurance language to include in general contracts for services* Construction: Building contractors for construction projects. L Commercial General Liability .. Automobile Liability Li Workers' Compensation&Employer's Liability Professional Liability(if applicable for design f unction) C Builder's Risk(required for new or existing property under construction) Payment and Maintenance Bond (if applicable) Bond Street Utility Improvements Page 11 of 102 1 - Bid Documents Standard Minimum Re aired Insurance Covers e Insurance Type Limit Provision City to be listed as additional insured $1,000,000 Each Occurrence and provided 30-day Commercial General $2,000,000 Aggregate notice of cancellation Liability or material change in coverage For Construction Projects: $2,000,000 Each Occurrence $4,000,00"ggregate Automobile Liability $1,000,000 Combined Sin ie Limit Wainer 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's profession) Builder's Risk(required for new or existing property 100% Value under construction C ber Liability $1,000,000 Each Occurrence Payment/Maintenance Bonds In accordance with Chapter 2253 of the Texas Government Code Bond Street Utility Improvements Page 12 of 102 1 - Bid Documents EXHIBIT A GENERAL CONTRACTS FOR SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR,its subcontractors, its sub-consultants and CITY from claims for injuries, including accidental death,as well as from claims for property damage which may arise from the performance of work wider 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 Iess than 51,000,000 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 cormnercial 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. Bond Street Utility Improvements Page 13 of 102 1 - Bid Documents Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 ❑f the Texas Government Code. Bond Street Utility Improvements Page 14 of 142 1 - Bid ❑ocuments 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. Sond Street Utility Improvements Page 'i 5 of 102 1 - Bid Documents 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. Bond Street Uti€ity improvements Page 16 of 102 1 - Sid Documents NON-COLLUSION AFFIDAVIT OF BIDDER � ff "State of-- County of fZ 47 S V-1 --- �JC:'�L �C S verifies that: (Name) (1) He/She is owner,partner, officer,representative, or agent of .... .. ........ . . .... .. ........ . . ON s �' -'has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers,partners, agents or employees has in any way colluded,conspired or agreed,directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in cotniection with,attached bid and the price or prices quoted herein are fair and proper. SIGNA PRINTED NAME Subscribed and sworn to before ine this Day of 04YL,-- 2023. NOTARY PUBLIC in and for r S - County, Texas. i,aY�v81 KAREN BURNS LANE a° n Notary iQ#125125363 �� f My commission Expires My commission expires: ��� ''gar Naveinber 72,7024 THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID Bond Street Utility Improvements Page 17 of 'i 02 I - Bid Documents BID CERTIFICATION The Undersigned, in submitting this bid,represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color,national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: - `'� u` n S --, r 04k e-r'S_J11-vc— ADDRESS: CITY, STATE&ZIP. --)(oG9 -7 TELEPHONE: -- l FAX r EMAIL: rd b Li r i) s bro 5 SIGNATURE: PRINTED NAME: J:� LCf h S DATE: 10-1-7 Z 3 Bond Street Utility Improvements page 18 of 102 1 - Sid Documents COMPLIANCE WITH HOUSE BILL 1295 In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the.business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or(2) has a value of at least $l 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 cotnunission'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 BidIRFP Number and Sid 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 fling application, of the receipt of the filed Norm 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 past the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at littps:llwww.ctliies.statc.tx.us/whatsnew/elf info fonnl295.htni. Bond Street utility Improvements Page 19 of 102 1 - Bid ❑ocuments FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the.City of North Richland Hills laid 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 0 Sox 13186,Austin,TX 78711-3186 (512) 463-5872 http://www.window.state.tx.us/procuremeiit/pro. hubl iub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 littp://www.nctrca.org/certification.hti-nl If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State,Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise Bond Street Utility Improvements Page 20 of 102 1 - Bid Documents CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Texas Local Government Code,a person,or agent of a person,who contracts or seeks to contract for the sale or purchase of property, goods,or services with the City of North Richland Hills must file a completed conflict of interest.questionnaire. The conflict of interest questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland Hills an application,response to a request for proposal or bid,correspondence,or another writing related to a potential agreement with the City of North Richland Hills. An updated conflict of interest -questionna-ire must be filed iru-accerdanee 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: httys:/Iwivw.ethics.state.tx.us/forms/CIQ.Pdf Bond Street Utility improvements Page 21 of 102 1 - Bic! Documents CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with focal governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg.,Regular Session. OFFICE 11SEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who has a business relationship as defined by Section 176.001(1•a)with a local governmental entity mad the Date ReCefved vendor meets requirements under Seeuon 176MG(a), By law this.questonnaire must be riled with die records administrator of the local governmental entity not later than[be 711h business day after tha date the vendor becomes aware of facts that require the statement to be filed, Sea Section 176,006(a-1),Local Government Code. A vendor commits an offense if the vendor knovringly violates Section 176.008,Local Government Code.An ......._.offBi]5_9_iIRSt�Lti3€&S.@.CtlOtLls a-misderneaROF........................... .. .. ..............._ 1 Name of vendor who has 3 business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire,(The law requiFes that you 111e an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after t h a date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) s Name of focal government officer about whom the information is being disclosed. Name of Officer 4 describe each employment or other business reiationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)i2)(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? El Yes ED No 8, is the vendor receiving or likely to receive taxable income,other titan investment income,from or at the direction of the local govemment officer or a family member of the officer AND the taxable income is not received from the local governmental entity? E7 Yes F-1 No Des cribe each em l❑ p yment or business reiationship that the vendor named in Section 1 rrta€ntains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or hods an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the local g ova mment officer or afainily member of I he off icer one or more gifts. as described in Section 176.0133(a)(2)(6), excluding gifts described in Section 176.O03(a-1). 7 Signature di vendor doing business with the govemmental entity fate Form provided by Texas Ethics Commission www.eth1cs.state.tx.us Revised 1113012615 Bond Street Utility fmprovements Page 22 of 102 1 - Bid Documents CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Accmpiate cepy of Chapter 176 of the Local Government Code may be found at http:/lwww,statuI as,leg is.state.tx.usl aocs/LGIMM/LG.176,him.For easy reference,below are some of the sections cited on this form. Loral Government Gode;5 176.001f1-al:"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) atransaction 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 enfity; priaeand-wbjest-4e4eR#s-availab4e to the-publie;-e (C) a purchase cr lease cf goods or services from a person that is chartered by a state or federal agency and that is subject to regular examinalion by,and'repo rting to,that agency. Local G ova ntent Cade§i76.n03(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 employmentor 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 (1) a contract between the local g ova mmentaI enfity 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 (if) the local governmentEd 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 Icoal governmental enfity and: (1) has an employment or other lousiness 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 govemment 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 (8) submits to the local governmental entity an application,response to 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,ethias-state.tx-us Revised 11130f2015 Bond Street Utility Improvements Page 23 of 102 1 - Bid Documents CONTRACT CHANGES GRID The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terins 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 tinder 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 1 Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use ❑nl City Response: Accepted Not Accepted Modified Bond Street Utility Improvements Page 24 of 102 1 - Bid Documents CONFIDENTIALITY OF PROPRIETARY INFORMATION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process,the City intends to disseminate information submitted by all Proposers to selected staff,any consultants employed by the City,and the evaluation committee, as the City deems appropriate in its sole discretion Such staff con Ita am nmmnitta, --- 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. Bond Street Utility Improvements Page 25 of 102 1 - Bid Documents CONSTRUCTION AGREEMENT FOR BOND STREET UTILITY SERVICES FOR KIRK LANE,WOOD VIEW LANE, SIERRA DRIVE,DANIEL DRIVE,LAKESIDE CIRCLE. AND POST OAK DRIVE CITY OF NORTH RICIILAND HILLS AND ABC CONTRACTOR, INC. THIS CONSTRUCTION AGREEMENT ("Contract") is made and entered by and between ABC CONTRACTOR, INC., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS,TEXAS,a municipal corporation(hereinafter referred to as "City"or"Owner"), to be effective upon the date executed by the City. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby,the parties hereto agree as follows: I. CONTRACT DOCUMENTS The parties agree that the Contract Documents shall consist of the following: 1. This signed Construction Agreement; 2. Any and all Addendurn(s); 3. "Notice to Bidders"advertisement; 4. The Contractor's Bid Proposal 5. Special Instruction to Bidders; b. General Conditions of Sid#23-030; 7. Special Conditions of Bid.#23-030; 8. The Specifications of Bid#23-030, 9. The Plans/Drawings of Bid#23-030; 10. Payment Bond; 11, Performance Bond; and 12. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. II. THE WORKS Contractor shall provide all labor, supervision, materials and equipment necessary to perfornx Bond Street Utility Improvements NRH Public Works Page 26 of 102 i1 —Construction Agreement all work required by the contract documents in connection with the construction of Bond Street Bond Street Utility Improvements NRH Public Works Page 27 of 102 11 —Construction Agreement Utilities for Meadow Oak Drive, Pearl Street, and Southampton Drive ("work"), through Bid #22-015 in accordance with a Scope of Work in the form of Exhibit "A," for each service provided under this Contract. Each Scope of Work shall be incorporated herein and governed by the terms and conditions of this contract. III. TIME OF COMMENCEMENT; COMPLETION Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed for a work order. The Term of this Contract shall be for 12 months. The City shall have the option to renew this Contract for four (4) additional 12 month periods in accordance with Section 39 of the Special Conditions. The Date of Completion for the work shall be set forth in the Scope of Work for each service provided under this Contract, IV. CONTRACT PRICE The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, a total amount not to exceed XXX HUNDRED XXXXX THOUSAND XXXX HUNDRED XXXX AND 00/100 DOLLARS (XXX,XXX.XX) ("Contract Price"). payment will be due upon completion of work and acceptance of the work by the City. Within the following thirty(30) days, Owner shall make partial payments to the Contractor for work performed during the preceding calendar month as estimated by the Owner or Owner's Representative. Ten percent (10%) of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts less than four hundred thousand dollars($400,000.00)in total Contract Price.Five percent(5%)of each estimate shall be retained by the Owner until final completion and acceptance of all work covered by the Contract for the specific Scope of Work for contracts equal to or greater than four hundred thousand dollars ($ 400,000.00) in total Contract Price. Upon completion and acceptance of all work in compliance with the Contract,the Owner shall,within thirty(30)days,pay the Contractor the balance due under the terms and conditions of the Contract. V. CHOICE OF LAW; VENUE The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed Bond Street Utility Improvements NRH Public Works Page 28 of 102 11 —Construction Agreement by a person authorized by the City to do so. In the event of litigation between the parties, the parties shall be entitled to reasonable attorney's fees that are necessary, equitable and just, in accordance with applicable law, and as awarded by a court of competent jurisdiction. VI. INSURANCE The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of Bid#22-015,with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. AUggulred insurance gerti ate subnAt—ted urlor to commensgWent of work, V11. TERMINATION A) Either party may terminate this Contract at any time for cause or convenience by providing ninety(90)days'written notice to the other party. Upon the receipt of such notice,Contractor shall inumediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies,assistance,facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract, Contractor shall not be entitled to lost or anticipated profits should City choose to exercise its option to terminate. B)Non-appropriation of Funds, In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated, VHL FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Contract if die performance is delayed or prevented by reason of war; civil commotion; acts of God; inclement weather; epidemics; pandemics; governmental restrictions, regulations, or interferences; fires; strifes;lockouts,national disasters; riots;material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. Such parry's performance shall be excused for the length of tune the force majeure event.lasts,provided that Bond Street Utility improvements NIGH Public Works Page 29 of 102 11 — Construction Agreement party makes a reasonable attempt to resume performance. upon conclusion of the force majeure event, unless such performance has become legally impossible, in which case that party may terminate the Contract. IX. CONFIDENTIAL INFORMATION Contractor understands and acknowledges that Contractor will be provided with Owner information that may be confidential by law, rule, statute, ord riance or legal order. Contractor shall not disclose any information deemed confidential to any party who is not privy to or who does not have a special right of access to said information. Contractor agrees to use confidential infonnation for purposes of providing the services contemplated herein only as determined by the City. Disclosure of, or unauthorized use of or access to, any confidential information by Contractor is a material breach of this Agreement. if Contractor violates this provision,and in addition to any other remedies at law or in equity that the City may have, the City may immediately obtain injunctive reliefin a court ofcotnpetent jurisdiction enjoining any continuing or further breaches and exercise any further remedies as authorized by law. Contractor agrees to indemnify and hold the City harmless for any claims or damages caused by Contractor's breach of this confidentiality provision. X. RIGHT TO AUDIT During the term of this Contract,and at any time within three(3)years following the expiration of this Contract,the City shall have the right of access to all information held in the possession of the Contractor related to services perfonned under this Contract, for audit purposes or otherwise. Contractor agrees to provide access to such infonnation unless expressly prohibited from doing so by court or other governmental order, Except in the event of an emergency, the City will provide reasonable advance notice of any intended audits and the need for the information. Contractor agrees that it will keep records relating to the services provided hereunder for as long as required by law. XI. NOTICES Any notice required to he given hereunder shall be given by certified mail, return receipt to the following addresses: If to City: if to Contractor: City of North Richland Hills ABC Contractor,hie. Attn: Mark Hindman,City Manager Attn: John Doe 4301 City Point Drive Address 1 North Richland Hills,Texas 76102 Address 2 Email:mhirndnnan@iirhtx.com Email: Phone: (817)427-6004 Phone: 817-000-0000 With copy to the City Attorney at the same address. Bond Street Utility Improvements Rage 30 of 102 NRH Public Works III — Hid Proposal XII. DISPUTE RESOLUTION Except in the event of termination pursuant to Section VI I(B)of this Contract, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Contract,the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute,or breach. The notice shall state the nature of the dispute and list the parry's specific reasons for such dispute. Within ten(10)business days of receipt ofthe notice,both parties shall commence the resolution process and make a good faith effort, either through email, snail, phone conference, in person mf-, tin2s Or Other reasoDable to Fvso-lve any claim, dispute, keaeh of other matter in question that may arise out.of,or in connection with this Agreement. If the parties fail to resolve the dispute within thirty (30) days of the date of receipt of the notice of the dispute, then the parties shall submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may,before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order in injunction where such relief is necessary to protect is interests. XIII. ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations,representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. XIV. EFFECTIVE DATE This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. Bond Street Utility Improvements Page 31 of 102 NRH Public Works I[[ — Bid Proposal IN WITNESS WHEREOF,the parties have executed this constniction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS ABC CONTRACTOR, INC. BY: BY: Mark Hindman,City Manager John Doe DATE szl, T . ATTEST: ATTEST; TITLE: Alicia.Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action YIN Date Approved Agenda No. Ord /Res No. Maleshia B. McGinnis,City Attomey Bond Street Utility Improvements Page 32 of 102 NRH Public Works III — Bid Proposal BID PROPOSAL BASE BID — Bond Street Utility Improvements Section i-Kirk Lane ITEM EST. UNIT EXTENDED NO QTY. UNIT DESCRIPTION PRICE PRICE 1 EA Adjust Fire Hydrant to Grade $ 0.0 2 0.0 EA Adjust Existing Water Line $ $ 2.0 EA Remove Fire Hydrant ( r� 300`— W � 4 EA Adjust Water Valve to Grade $ $ 9.0t}�a j �2J,L 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade 6 EA Adjust Water Meter Box to Grade $ $ w 12.0 7 EA Remove Water Valve $ $ 0.0 $ $ $ 2.0 EA Fire Hydrant Assembly 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0,0 18(Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18(Class 150)Water Line 12 LF 8-inch AWWA C900 PVC DR 18 $ 0.0 (Class 150)Water Line 13 LF 6-inch AWWA C900 PVC DR 18 $ $ L 4• t 400,0 (Class 150)Water Line f�j 5 — `'-���Cy 14 EA 1-inch Water Service Line $ L`` $ t� 12.0 5,C, 15 0.0EA 1" Single Water Service(shalt) $ $ 16 0.0EA 1" Single Water Service(long) $ 17 EA 1"Double Water Service(short) " `L- 8.0 ;+�SIC 7- i Y .✓ }~ 18 4 0 EA 1"Double Water Service(long) $.ZjiC7i,i� � ���U+ A)1 19 0.0 EA Relocate Existing Water Meter $ $ Bond Street Utility Improvements Page 33 of 132 NRH Public Works III -- Bid Proposal BASE BID— Bond Street Utility Improvements Section I-Kirk Lane ITEM EST, UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing I3ackflow $ $ 0.0 Preventer 21 FA Connect to Existing 6-inch Water $ $ s 5.0 Line 3) - 22 EA Connect to Existing 12-inch Water $ $ nn Line 23 EA 6-inch Gate Valve $ $ 9.0 24 EA 8-inch Gate Valve $ $ 0.0 25 EA I0-inch Gate Valve $ $ 0.0 26 EA 12-ineh Gate Valve $ $ 0.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 29. LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26.PVC Sanitary $ $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ Q,0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Scwcr 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0,0 Manhole 38 VF Extra Depth for 4-foot Sanitary $ $ 4.0 Sewer Manhole Band Street Utility Improvements Page 34 of 102 NRH Public Works III —Bid. Proposal BASE BID - Bond Street Utility Improvements Section I-Kirk Lane ITEM EST. UNIT EXTENDED NO QTy, UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 1Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 EA 4" Sanitary Sewer Service $ $ 0.0 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0 0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 .Line 46 EA Remove Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $ W $ u. 1,800.0 DrivewayApproach �0 � 3L, 49 LF � ��� $ . �. 350.0 DrivewayFlowline Us 50 SF $ 50.0 Sidewalk 4' 51 SF $ 40.0 Valle Pan 7 L` J r 52 LF $ w 60.0 Curb&.Gutter ' ,. 53 SF L , 40.0 Flume 4' �r.Z — 21 54 SF Asphalt Pavement Repair I $ tt' $ 55 LS Miscellaneous Utility Allowance $ 7,000 $ 7,000 1.0 L� SUB-TOTALAMOUNT81D—BASE BI❑SECTION I—KIRKLANE: $ Band Street Utility Improvements Page 35 of 102 NRH Public Works III -- Bid Proposal BASE BID — Bond Street Utility Improvements Section If-Wood View Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE I 0 0 EA Adjust Fire Hydrant to Grade $ $ 2 0.4 EA Adjust Existing Water Line $ $ 3 EA Remove Fire Hydrant $ w' $1.0 t'J 4 EA Adjust Water Valve to Grade $ L.L $ Ga 5 EA Adjust Irrigation Control Valve $ $ 0.0 to Grade 5 EA Adjust Water Meter Box to $ 4L; $ t, 14.0 Grade 1 l 7 2U 7 EA Remove Water Valve $ $ 0.0 8 EA Fire Hydrant Assembly $ 2.0 1,2 9 0.0 LF Trcnch Safety for Water Lines $ $ t0 LF 12-inch AWWA C900 PVC DR $ $ c. 80.0 18 (Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ fl.0 l8 (Class 150)Water Line 8-inch AWWA C900 PVC DR 12 LF 18 $ $ 0.0 Class I54 Water Line 6-inch AWWA C900 PVC DR 1,200.0 CIass 150)Water Line IL' i 14 EA I-inch Water Service Line $ $ 14.0 3 a, 15 0.0 EA I" Single Water Service(short) $ $ 16 0.0 EA I" Single Water Service(long) $ $ 17 7.0 EA 1"Double Water Service(short) $ �! `R' $ J 1 i8 EA 1"Double Water Service(long) UL 7.0 $-2`al uo— $ �'t-'(0) 19 0.0 EA Relocate Existing Water Meter $ $ Bond Street Utility Improvements Page 30 of 102 NRH Public Works Ill -- Bid Proposal BASE BID — Bond Street Utility Improvement Section 11-Woad View Drive ITEM EST. UNIT DESCRIPTION UNIT EXTENDED NO. QTY. PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ $ 2.0 Line 3 C. 22 EA Connect to Existing 12-inch Water $ �L $ tt 2.0 Line CtAe- 2.L.L'€.W. 23 EA 6-inch Gate Valve $ I '~ $ r 24 EA 8-inch Gate Valve $ $ 0.0 25 EA 10-inch Gate Valve $ 0.0 26 EA 12-inch Gate Valve $ t` $ 2.0 � 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 29 LF 18-inch SDR 35 PVC Sanitary $ $ Q,0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0_Q Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 38 VF Extra Depth for 4-foot Sanitary $ $ 0,0 Sewer Manhole Bond Street Utility Improvements Page 37 of 102 NRH Public Worms III — Bid Proposal BASE BID —Band Street Utility Improvements Section 11-Wood View Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 0.0 EA 4"Sanitary Sewer Service $ $ 42 LF Concrete Encasement $ $ 43 LF Pre-Construction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0,0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 45 EA Remove Existing Sanitary Sewer $ $ Q.0 Line Manhole. 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Gradc 48 SF $ 2,000.0 Drivewa Approach �.' G ! 'cc, 49 LF $ GO $ C, 400.0 Driveway Flowline 2,i u� 50 SF $ LU $ +� ?0.0 Sidewalk 4' l Ci 51 480.0 SF Valle Pan $ 4u 52 LF $ $ 350,0 Curb&Gutter C, 53 SF $ $ 0.0 Fiume 4' 54 500.0 SF Asphalt Pavement Repair $ ..2 $ 55 LS Miscellaneous Utility Allowance $ 7,000 $ 7,000 I,0 SUB-TOTAL AMOUNT BiD—BASE 31D SECTION 11—WOOD VIEW DRIVE: `} Bond Street Utility improvements Page 38 of 102 NRH Public Works lii — Bid Proposal BASE BID — Bond Street Utility Improvements Section I[[-Sierra Drive IT"" EST. UNIT DESCRIPTION UNIT EXTENDED NO. QTY PRICE PRICE 1 0.4 EA AdjustFire Hydrant to Grade $ $ 2 0.0EA Adjust Existing Water Line $ $ 3 EA Remove Fire rant H d $ `` $ ! "� 1.0 Y 4 EA Adjust Water Valve to Grade $ $7.0 L.I Ii= 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade b EA Adjust Water Meter Box to Grade $ $ q u 45.4 7 EA Remove Water Valve $ $ 0.0 8 EA Fire Hydrant Assembly $ = $ ` 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0.0 18(Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18(Class 150)Water Line 12 LF 8-inch AWWA C90.0 PVC DR 18 $ $ 0.0 (Class 150)Water Line 13 LF 6-inch AWWA C900 PVC DR 18 $ t= $ tJ 1,200.0 (Class 150)Water Line A 5 12 E. L�_ �A. 14 45.0 EA 1-inch Water Service Line r $ 15 EA 1" Single Water Service(short) $ $ t' 1.0 16 36.0 EA I"Single Water Service(long) $ u $ 17 4.0 EA I"Rouble Water Service(short) $ $ CA- 18 EA 1"Double Water Service(long) $ $ C 4.0 -2 4CA. L,co 19 EA Relocate Existing Water Meter $ $ 0.0 Bond Street Utility Improvements Page 39 of 102 NRH Public Works III — Bid Proposal BASE BID — Bond Street Utility Improvements Section III-Sierra Drive ITEM EST• UNIT EXTENDED NO. QTY, UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing Backflow . $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ i,, $ 5.0 Line (YJU 22 EA Connect to Existing 12-inch Water $ $ 0.0 Line 23 EA 6-inch Gate Valve $7 y $6.0 c� 24 EA 8-inch Gate Valve $ $ 0.0 25 EA 10-inch Gate Valve $ $ 0.0 26 EA 12-inch Gate Valve $ $ 0.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines �9 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ $ 0.0 S ewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LE 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 4-foot Diameter Sanitary Sewer $ $ 0.037 EA Manhole38 VP Extra Depth for 4-foot Sanitary $ $ 0.0 Sewer Manhole Bond Street Uti#ity Improvements Page 40 of 102 NRH Public Works III —Bid Proposal BASE BID — Bond Street Utility Improvements Section III-Sierra Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ Q.0 Trench>12 feet deep 41 0.0 EA 4" Sanitary Sewer Service $ $ 42 LF Concrete Encasement $ ' 0.0 43 LF Pre-Construction Television $+ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $' �" $ u` 1,300.0 DrivewayApproach 49 LF $ ��J $ 300.0 Driveway Flawline 50 SF � — 16.0 Sidewalk 4' Z 51 SF $ $ 0.0 Valley Part 52 LF 150.0 Curb&Gutter �fo J /3� t U 53 SF $ $ 0.0 Flume 4' a t� LW 54 2,000.0 SF Asphalt Pavement Repair $_ C2 $ I 55 1.0 LS Miscellaneous Utility Allowance $ 7,000 $ 7,000 SUB-TOTAL AMOUNT BID—BASE BID SECTION Ill--SIERRA DRIVE: I $ '3`1 1 Bond Street utility Improvements Page 41 of 102 NRH Public Works III — Hid Proposal SASE BIO— Bond Street Utility Improvements Section IV-Daniel Drive ITE14I EST. UNIT EXTENDED NO. STY. UNIT DESCRIPTION PRICE PRICE I 0.0 EA Adjust Fire Hydrant to Grade $ 0.0 EA Adjust Existing Water Line $ $ 3 1.0 EA Remove Fire Hydrant $ t 5 L� 6.�t✓l 4 EA Adjust Water Valve to Grade $ 4.0 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade 6 9.0 EA Adjust Water Meter Box to Grade $' ���` $ 7 EA Remove Water Valve $ $ 1 0.0 8 1.0 EA Fire Hydrant Assembly u t— 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0.0 18(Class 150)Water Line I LF 10-ineb AWWA.C900 PVC DR $ $ 0.0 18(Cuss 150)Water Line 12 LF 8-inch AWWA C900 PVC DR 18 $ $ 0.0 (Class 150)Water Line 13 LF 6-inch AWWA C900 PVC DR 18 $ „ $q 940.0 (Class 150)Water Line �U 5 1 7[: 14 $ �.. t` EA I-inch Water Service Line -7L'U� 15 0.0EA 1"Single Water Service(short) $ $ 16 EA 1"Single Water Service(long) $ $ 0.0 17 EA 1"Double Water Service(short) � Lw 3.0 I �LGJ �VU 18 6.0 EA I"Double Water Service(long) $� b: � 19 0.0 EA Relocate Existing Water Meter $ $ Bond Street Utility Improvements Page 42 of 102 NRH Public Works III -- Bid Proposal BASE BID — Bond Street Utility Improvements Section IV-Daniel Drive ITEM EST. UNIT DESCRIPTION PRICE EXTENDED NO. QTY. PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ $ 3.0 Line C 22 EA Connect to Existing 12-inch Water $ $ 0.0 Line 23 EA 6-inch Gate Valve $ `- $ c 24 EA 8-inch Gate Valve $ $ 0.0 25 EA IO-inch Gate Valve $ $ 0.0 26 EA 12-inch Gate Valve $ $ 0.0 27 LF Concrete Encasement $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 24 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sataitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 39 VF Extra Depth for 4-foot Sanitary $ $ 0.0 Sewer Manhole Bond Street Utility Improvements page 43 of 102 NRW Public Works fii--Bid Proposal BASE BID — Bond Street Utility Improvements Section IV-Daniel Drive ITEM EST. UNIT EXTENDED NO. ()Ty, UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 EA 4" Sanitary Sewer Service $ $ 0.0 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ $ 0.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove,Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 SF $ ,1. $ + 1,2Q0,Q DrivewayApproach [ C ti 49 LF $ t� $ t� 230,0 Drivewa Flowlinea r Z�C1 50 SF $ 24.0 Sidewalk 4' G 51 SF $ Gl. $ 400.0 Valle Pang 16, V�`J ? l $ 52 50.0 LF Curb&Gutter 53 SF $ $ 0.0 Flume 4' 54 500.0 SF Asphalt Pavement Repair $ 55 lA LS Miscellaneous Utility Ailowance $ 7,000 $ 7,000 5UB-TOTAL AMOUNT BID—BASE BID SECTION IV—DANIEL DRIVE: $ �2 J u 53'7 Bond Street Utility Improvements Page 44 of 102 NRN Public Works III — Bid Proposal BASE BID -- Bond Street Utility improvements Section V-Lakeside Circle ITEM EST. UNIT DESCRIPTION PRICE EXTENDED NO. QTY. PRICE PRICE 1 0.0 EA Adjust Fire Hydrant to Grade $ 2 0.0 EA Adjust Existing Water Line $ 3 EA Remove Fire Hydrant 4 EA Adjust Water Valve to Grade $ $4.0 c� 5 EA Adjust Irrigation Control Valve to $ $ 0.0 Grade 6 19.0 EA Adjust Water Meter Box to Grade '�� r4 $ 5 7 EA Remove Water Valve $ $ 0.0 8 EA Fire Hydrant Assembly $ ` $ rr 1.0 &,cc,U 9 0.0 LF Trench Safety for Water.Lines $ $ 10 LF 12-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 1 i LF l0-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 12 LF 8-inch AWWA C90.0 PVC DR 18 $ $ ! 1,0.00.0 (Class 150)Water Line 6-inch AWWA C900 PVC DR 18 $ $ 13 0.0 LF (Class 150)Water Line Cf- I4 19.0 EA 1-inch Water Service Line $ `� $ 5 7cLi 15 EA I" Single Water Service(short) $ y $ �f 9.0 7 loo 16 EA 1" Single Water Service(long) $. $ 10.0 .2 17 0.0 EA 1"Double Water Service(short) $ $ 18 0,0 EA 1"Double Water Service.(Iong) $ $ 19 0.0 EA Relocate Existing Water Meter $ $ Bond Street Utility Improvements Page 45 of 102 NRH Public Works III -- Bid Proposal BASE BID— Bond Street Utility Improvements Section V- Lakeside Circle ITEM EST. UNIT DESCRIPTION UNIT EXTENDED NO. QTY. PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water 2.0 Line C 'C] LL 0 22 EA Connect to Existing 12-inch Water $ $ 0.0 Line 23 EA 6-inch Gate Valve $ $ 24 4.0 EA &inch Gate Valve $3f7Gu $ C_ 25 EA 10-inch Gate Valve $ $ 0.0 26 EA 12-inch Gate Valve $ $ 0.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ $ 0.0 Lines 29 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 36 EA Connect To Existing Sanitary $ $ 0.0 Sewer Manhole 37 EA 4-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 38 VF Extra Depth for 4-foot Sanitary $ $ 0.0 Sewer Manhole Bond Street Utility improvements Page 46 of 102 NRH Pudic Works lil — Bid Proposal BASE BID-- Bond Street Utility Improvements Section V-Lakeside Circle ITEM EST' UNIT EXTENDED NO QTy, UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ 0.0 Trench>12 feet deep 41 EA 4" Sanitary Sewer Service $ $ 0.0 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-ConsMiction Television $ $ 0.0 Inspection 44 LF Post-Construction Television $ 0.0 Inspection 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $ $ 0.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 1,200.0 Driveway Approach 2 t..w 49 LF $ t i $ `, 230.0 Driveway Flowline 5Z`7U 50 7 SF $ r � $ -, �1 120.0 Sidewalk 4' �L 51 SF $ $ 0.0 Valley Pan 52 LF $[] J $ tz 50.0 Curb&Gutter 1 L Y4 53 SF $ $ 0.0 Flumc 4' iG 54 SF Asphalt Pavement Repair $ �. $ 7 { L co 1,000.0 55 LS Miscellaneous Utility Allowance $ 7,000 $ 7,000 1.0 SUS-TOTAL AM UNT BID—SASE BID SECTION V—LAKESIDE CIRCLE; $2;L 57�-4� Bond Street Utility Improvements Page 47 of 102 NRH Public Works III — Sid Proposal BASE BID—Bond Street Utility Improvements Section VI -Post❑ak.Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 1 0.0 EA Adjust Fire Hydrant to Grade $ 2 0.0 EA Adjust Existing Water Line $ $ 3 2.0 EA Remove Fire Hydrant $ �L $ r �7 4 EA Adjust Water Valve to Grade $ $ 1 �� 5 EA Adjust Irrigation Control Valve to $ 0.4 Grade G 14.0 EA Adjust Water Meter Box to Grade $ $ ,7 S-b t` 3 � 7 EA Remove Water Valve $ $ 0.0 S 2.0 EA Fire Hydrant Assembly $ 9 0.0 LF Trench Safety for Water Lines $ $ 10 LF. 12-inch AWWA C900 PVC DR $ $ 0.0 18 (Class 150)Water Line 11 LF 10-inch AWWA C900 PVC DR $ $ 0.0 18(Class 150)Water Line 12 LF 8-inch AWWA C900 PVC DR 18 $ $ 0.0 (Class 150)Water Line 13 LF 6-inch AWWA C900 PVC DR 18 u $ cu 1,000.0 (Class 150)Water Lime 'G; U — 14 14.0 EA 1-inch Water Service Line $3uG $ t- 15 EA I"Single Water Service(short) $ $ i W 1.0 �9 J 1.� U0 16 1.0 EA 1" Single Water Service(long) $ � $ `�- 17 6,0 EA I"Double Water Service(short) is EA I"Double Water Service(tong) $ 19 0.0 EA Relocate Existing Water Meter $ $ Banc! Street Utility Improvements page 48 of 102 NRH Public Works III— Bid Proposal i BASE BID — Bond Street Utility Improvements Section Vi -Post Oak Drive ITEM EST. UNIT EXTENDED NO. QTY. UNIT DESCRIPTION PRICE PRICE 20 EA Relocate Existing Backflow $ $ 0.0 Preventer 21 EA Connect to Existing 6-inch Water $ $ 3.0 Line J, ) a 22 EA Connect to Existing 12-inch Water $ $ 0,0 Line $ Ls tY 23 EA 6-inch Gate Valve4.0 24 EA 8-inch Gate Valve $ $ 0.0 25 EA 10-inch Gate Valve $ 0.0 26 EA 12-inch Gate Valve $ $ 0.0 27 LF Concrete Encasement $ $ 0.0 28 LF Trench Safety for Sanitary Sewer $ z $ 1,000.0 Lines 29 LF 1 8-inch SDR 35 PVC Sanitary $ $ 6.0 Sewer 30 LF 8-inch SDR 35 PVC Sanitary $ 0.0 Sewer 31 LF 8-inch SDR 26 PVC Sanitary $ 1,000.0 Sewer J . 32 LF 6-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 33 LF 6-inch SDR 26 PVC Sanitary $ $ 0.0 Sewer 34 LF 12-inch SDR 35 PVC Sanitary $ $ 0.0 Sewer 35 LF 18-inch SDR 35 PVC Sanitary $ $ 4.0 Sewer 36 EA Connect To Existing Sanitary $ $ L. 3,0 Sewer Manhole JLL:t t-�, 37 EA 4-foot Diameter Sanitary Sewer $ $ cc� 5.0 Manhole St G 5CC 38 V-F. Extra Depth for 4-foot Sanitary $ Lt. $ 65.0 Sewer Manhole Bond Street Utility Improvements Page 49 of 102 NRH Public Works III — Bid Proposal BASE BID — Band Street Utility Improvements Section VI - Post Oak Drive 1TEM EST. UNIT EXTENDED NO QTY. UNIT DESCRIPTION PRICE PRICE 39 EA 5-foot Diameter Sanitary Sewer $ 0.0 Manhole 40 VF Extra Depth for Sanitary Sewer $ $ G 1,800A Trench>12 feet deep (��;, '(' z C 41 24.0 EA 4" Sanitary Sewer Service $ $ 5 G 42 LF Concrete Encasement $ $ 0.0 43 LF Pre-Construction Television , L� $ UL U 1,000.0 Inspection 44 LF Post-Construction Television $ 7 o-. $ t, 1,000.0 Inspection G _ 45 LF Remove Existing Sanitary Sewer $ $ 0.0 Line 46 EA Remove Existing Sanitary Sewer $ � $ w 5.0 Line Manhole 47 EA Adjust Existing Sanitary Sewer $ $ 0.0 Manhole to Grade 48 1,400.0 SF Driveway Approach �2c) Z [ . 49 LF ly 250.0 Driveway Flowline0 50 SF $ w $ �f 24.0 Sidewalk 4' 6 7� 51 SF $ � $ 300.0 Valley Pant' l C�yU 52 LF $ '� $ 4 150.0 Curb&Gutter ir'L� 3 �U V 53 SF $ $ 0.0 Fiume 4' 54 1,200A SF Asphalt Pavement Repair $ Z U� $r 55 1.0 LS Miscellaneous Utility Allowance $ 7,000 $ 7,000 SUB-TOTAL AMOUNT BID—BASE BI❑SECTION VI—POST OAK DRIVE: Bond Street Utility Improvements Page 50 of 102 NRH Public Works III — Bid Proposal Total Amount Bid: Base Bid: Section I — Kirk Lane $ y `7 3o � vu Section 11 —Wood View Lane $ Section 111 — Sierra Drive $ _y Section 1 - Daniel Drive LFJ Section V— Lakeside Circle $ Z SL 5-7 Section VI-- Post Oak Drive $ b Zf $ , - r Sz--Z LP (Total Amount Bid, Numerical Value) Bond Street Utility Improvements Page 51 of 1Q2 NRH Public Works lif-- Bid Proposal CERTIFICATE OF INTERESTED PARTIES FORM 1295 1af1 Complete Nos.1.4 and 5 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 farm,and the city,state and country of the business entity's place Certificate Number; of business. 2023-1087714 R ❑Burns Brothers, 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 10/25/2023 being filed. City of!North Richland HiHs 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 zm�iviut�?5,goods,or a r proper y tomeproVided under the contract. 23-030 Water and Sewer Installation 4 Nature of interest Name of Interested Party City,State,Country[place of business (check applicable} Controlling Intermediary Burns, Donald BURLESON,TX United States X Ronald, Burns BURLESON,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION t � My name is and my date of birth is . C jj 1 r 44 J / My address is � � f + `� I .c, _tt r.-L (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in j [: `� S �-� County, State of f�� -C an the 2-5 day of C-�47 20 Z (month) (year) f Signature of authorized agent of contracting business entity {declarant) Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V3.5.1.9b4369cc IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Award RFP 23-024 and Authorize the City Manager to execute a construction agreement with Vanguard Utility Service, Inc., to perform city-wide water meter installation services in an amount not to exceed $1,741,989.29. PRESENTER: Boe Blankenship, Assistant Director of Public Works Operations SUMMARY: City Council is being asked to consider a contract with Vanguard Utility Service, Inc., as part of the Cellular Meter Reading Project (UT2304) in an amount not to exceed $1,741,989.29. GENERAL DESCRIPTION: At the February 27, 2023 City Council Meeting, the Council approved a purchase agreement with Badger Meter Incorporated and Atlas Utility Supply to purchase water meters and water metering equipment as part of the Cellular Meter Reading Project (UT2304). This contract is for the installation of the equipment which is now on hand in sufficient inventory. The city currently provides service to approximately 23,000 water connections. This project will touch nearly every one of the connections throughout the city with one of the various deliverables of this proposal, which are as follows: • Installation of over 22,000 water meters, encoders, and cellular endpoints varying in sizes from %" to 2" diameter; • Nearly 800 1.5" and 2" Meter chambers, encoders, and cellular endpoints; • Over 1,000 encoder and cellular endpoint installations; • Identification of 13,000 water service lines as part of the Environmental Protection Agency's directive to inventory city and customer water service line material. We anticipate work will begin in January 2024 and the project is expected to take 15 months to complete. Customer outreach through our Utility Billing and Communications Department in conjunction with social media will be utilized to help inform residents of the process. In addition to city efforts, the contractor will be required to distribute door hangers at least 24 hours in advance of any planned water service interruptions. Proposals were accepted from August 4 through September 22, with an in-person and virtual pre-bid meeting held simultaneously on August 16. We received over 60 questions about the project from vendors located throughout the nation. Six sealed competitive proposals were received from professional meter installation companies. A selection IrLp NOKTH KICHLAN HILLS committee with employees from Neighborhood Services, Finance and Public Works evaluated the proposals based on criteria, including unit cost of work, comparable experience, quality of references, financial stability, the percentage of self-performing tasks, and team structure/work approach/delivery schedule. The committee unanimously chose Vanguard Utility Service, Inc., based on the advertised criteria and their providing the best overall value for the city. Over the past 21 years Vanguard Utility Service, Inc., has installed over 8 million meters and endpoints on projects as small as 100 and as large as 100,000. They have proven expertise in the meter industry and project management experience with projects of this size and larger making them more than qualified to complete this project. Funding for this project was included in the FY 2023/2024 Adopted Budget and can be found within UT2304. RECOMMENDATION: Award RFP 23-024 and Authorize the City Manager to execute a construction agreement with Vanguard Utility Service, Inc., to perform city-wide water meter installation services in an amount not to exceed $1,741,989.29. CONSTRUCTION AGREEMENT WATER METER INSTALLATION SERVICES THIS CONSTRUCTION AGREEMENT FOR WATER METER INSTALLATION SERVICES is made and entered by and between Vanguard Utility Service,Inc. D.B.A. VUS Inc., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City"), to be effective from and after the date hereinafter provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. The parties agree that the contract documents shall consist of the following: 1. This signed Construction Agreement; 2. General Conditions; 3. The Specifications of RFP 4 23-024; 4. The Plans/Drawings of RFP 4 23-024; 5. Exhibits "A" and"B" contained herein RFP 4 23-024 6. The following listed and numbered addenda: 1, 2, & 3; 7. Payment Bond; 8. Performance Bond; 9. The Contractor's Proposal; 10. Insurance Certificate(s) These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. THE WORKS II. Contractor shall provide all labor, supervision, materials and equipment necessary to perform all work required by the contract documents in connection with the construction of Water Meter Installation Services RFP 4 23-024. TIME OF COMMENCEMENT; COMPLETION III. Contractor shall commence work within ten (10) calendar days after receiving from City a Notice to Proceed. Contractor agrees that all work hereunder shall be complete within 30 calendar days from Notice to Proceed which will be the date of Substantial Completion. The date of Substantial Completion will be Month Day, Year. Construction Agreement,Page 1 of 3 CA-CONTRACT NO.PAR0003 20201120 Initial Here CONTRACT SUM IV. The City shall pay the Contractor in currently available funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, the amount of ONE MILLION SEVEN-HUNDRED AND FORTY-ONE THOUSAND NINE-HUNDRED AND EIGHTY-NINE DOLLARS AND 29/100 CENTS ($1,741,989.29). Payment will be due upon completion of work and acceptance of the work by the City. CHOICE OF LAW; VENUE V. The parties agree that the laws of the State of Texas shall govern the interpretation,validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas.No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties, the prevailing parry shall be entitled to reasonable attorney's fees that are necessary, equitable and just, in accordance with applicable law, and as awarded by a court of competent jurisdiction. INSURANCE VI. The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of RFP 4 23-024, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT VII. This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. EFFECTIVE DATE VIII. This construction agreement, shall be effective upon the date of execution by the City of North Richland Hills City Manager. Construction Agreement,Page 2 of 3 CA-CONTRACT NO.PAR0003 20201120 Initial Here IN WITNESS WHEREOF, the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS VANGUARD UTILITY SERVICE, INC. BY: BY: Mark Hindman, Robert A. Bates City Manager DATE: TITLE: President/Owner DATE: ATTEST: ATTEST: TITLE: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: NRH Council Action Y/N Date Approved Agenda No. Ord/Res No. Maleshia B. McGinnis, City Attorney Construction Agreement,Page 3 of 3 CA-CONTRACT NO.PAR0003 20201120 Initial Here 4I�'lll CITY OF NORTH RICHLAND HILLS, TX WATER METER INSTALLATION SERVICES 23-024 REQUEST FOR PROPOSAL FOR THE 1 a c9,�'Pv�m�n��u"��rr' �epaiaandGpprc,oPuons PREPARED SPETEMER. 10, 2023, BY VANGUARD UTILITY SERVICE , INC . D . B . A . AS VUS INC . IN TEXAS Designated Contact: Robert A, gates Preside ntlOwner Vanguard Utility Service, Inc. 1421 W 9th St, Owensboro, PAY 42301 Telephone: 270".92 -4646 Email: S,al,s usinc;'cron�7 U.roAAA1 uii acme, onrta { North Richland Hills, T September 16, 2023 City of North Richland Hills To Whom It May Concern: On behalf of the Vanguard team, thank you for the opportunity to participate in the WATER DETER INSTALLATION SERVICES Project for the City of Borth Richland Hills. This submittal focuses on Vanguard's experience, personnel, and services, and provides a thoughtful scope of work to meet or exceed the City`s project goals. City of North Richland Hills offers a vision of improved infrastructure, a future in which water use is accurately accounted for, and the foundation for enhanced operational efficiencies enhanced customer engagement and revenue protection. Moreover, this vision also embraces the use of experienced management in its execution. This vision deserves a partner that is wholly invested in delivering on its promise. The Vanguard team is that partner. If selected, we will work collaboratively with the City staff to develop and construct your upgraded water meter infrastructure program. We are technology and meter neutral, and as a result, we can offer a broad product portfolio and options that help utilities responsibility and efficiently manage resources.We supply, integrate, install, and maintain proven meter networks with the latest state-of-the-art smart metering technologies. We also offer field maintenance and operations, technical support services, and consulting services for your meter assets.. We have carefully reviewed your RFP and understand the Scope of Work and the project timeline. Witl,-r our years of experience working with all major AMI providers, we bring our experiences and recommendations on how to maximize value using the planned work processes and tools that will be used in the project. On behalf of Vanguard, we would like to thank you for the opportunity to participate in this process and for the opportunity to grow a strong partnership with the City of North Richland Hills. I trust you will find that Vanguard has offered a detailed and compliant response, which demonstrates Vanguard's ability to be a consultative partner with the stability and resolution required to implement and warrant the best value project for the City of North Richland Hills. Sincerely, Robert A. Bates President/Owner Vanguard Utility Service, Inc. 1421 West.9t" Street Owensboro, KY 42301 Telephone: 270-926-4646 salesvusinc.com www,vusinc.com WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc. THE AMERICAN INSTITUTE OF ARCHITECTS to AIA Document A310 Bid Bond Bond Number N/A KNOW ALL MEN BY THESE PRESENTS, that we Vanguard utility Service, Inc. 1421 W. 9th Street (Here insert full name and address or legal title of Contractor) Owensboro,KY 42301. as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 175 Berkeley Street (Here insert full name and address or legal title of Surety) Boston,MA 02116 a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto City of North Richland Hills 4301 City Point Dr (Here insert full name and address or legal title of Owner) North Richland Hills, TX 76180 as Obligee, hereinafter called the Obligee, in the sum of 5 %of the amount bid not to exceed Five Percent of Amount Bid*************************************** Dollars ($5%Of Amount Bid****** 9 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Water Meter Installation Services North Richland Hills,TX (Here insert full name and address and description of project) Project No. Bid Number: 23-024 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 13th day of September 2023 Vanguard Utility Service,Inc. (Principal) (Seal) (Witness) n i (Title) IN s(f h� Liberty Mutual Insurance Co P �4� �6 ((Surety) .`y ., (Seal) p 1912 0 (Witness) A.M. �r.� w �,...� . ,� __ � O DiGeronio (Title) Attornp t `ray ACHU"�� }� AIA DOCUMENT A310"BID BOND*AIA0*FEBRUARY 1970 ED*THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,DC.200069/93 Seal No. 567 Bond No.: N/A This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutu5i. The Ohio Casualty Insurance Company Certificate No:.8206029-985692 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies),pursuant to and by authority herein set forth,does hereby name,constitute and appoint A.M. DiGeronimo,Colin Y.Tumy all of the city of Norcross state of GA each individually if there be more than one named,its true and lawful aftorney4ri-factto make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as I they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of March 1 2021 Liberty Mutual Insurance Company 11 INS, 10.VNSURq The Ohio Casualty Insurance Company 0& West American Insurance Company to p1912 0 1919 1991 0 e —— //A� 'S By: a)�4 71 7 ll� , n ca ca David M.Carey,Assistant Secretary =1 :5 ca State of PENNSYLVANIA ss E County of MONTGOMERY On this 12th day of March 2021 before me personally appeared David M,Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance coo co Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > a)ca -— IN WITNESS WHEREOF,I have hereunto subscribed my name and aftedmynotarial seal at King of Prussia,Pennsylvania,on the day and year first above written. _-0 r.— (a CID CLO O �p, Commonwealth of Pennsylvania-Notary Seal Wo. < do 0 lrl Teresa Pastella,Notary Publio C13 Montgomery ory County 0 OF My commission expires March 28,2026 By: P-464-) lwat& a)0 Commission number 1126044 a) Wmber,Pennsylvarga AssocialIgn of Notaries TeresPastella,Notary Public oa op o, Ry "It 10 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual �00C1J .S Insurance Company,and West American Insurance Company which resolutions are,now in full force and effect reading as follows: O oc� E C') ARTICLE IV—OFFICERS:Section 12,Power of Attorney. 0 C? C:) 40-E2 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the� to -0 8 President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety (a= C: any and all undertakings,bonds,recognizances and other surety obligations.Such aftorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall-0(a a L) have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation,When so executed,such o at 0=3 Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the-a-20 provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting Such power or authority, 0 LL Q. ARTICLE All—Execution of Contracts:Section 5,Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such allomays-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M,Carey,Assistant Secretary to appoint such aftomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection With surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West Amerit ur n hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Comparde has not been revoked. 1)01 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 13th day of September, 2023 s I,( INS& 1912 4 0 b 0 A U 2 0 0 21 1991 0 By: 7 Renee C.Llewellyn,Assistant Secretary W LMS-12873 LMIC OCIC WAIC Multi Co 02121 Seal No. 5678 NO KTH K I C' 1-1 L AND HILLS low iq RH THE Ci -ry OF Cl-1010E PURCHASING" DEPARTMEN"I" REQUEST FOR PROPOSAL 23-024 WATER METER INSTALLATION SERVICES BIDS DUE WEDNESDAY, SEPTEMBER 13, 2023 BY 2.-00 P.M. Contents INVITATIONT(}BID................................................................................................................... 3 GENERAL CONDITIONS ...--...-_.....--.--.,....----.-..____.........--..._.-.4 MINIMUM INSURANCE REQUIREMENTS............................................................................ ll AFFIDAVIT()F BIDDER..........................................................................2l BID CERTIFICATION ......--..--....,_.----....---...._..._...--....--.-......23 COMPLIANCE WITH HOUSE BILL l295................................................................................24 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY................................................25 CONFLICT(}F INTEREST QUESTIONNAIRE........................................................................26 CONTRACT CHANGES GRID ..................................................................................................29 CONFIDENTIALITY OF PROPRIETARY INFORMATION................................................... 3O PROJECTCONDITIONS............................................................................................................ 3l PROJECT GUIDELINES FOR SEALED COMPETITIVE PROPOSALS ................................4| PROPOSAL FORM FOR COMPETITIVE SEALED PB%J9()SAJL: ..........................................44 SPECIFICATIONS--.-.._...,...._.-.-_...,....-----__....-....._..._...-..-._. 5O 2 I N V ITATI 0 N TO B 11) The City of North Richland Hills is accepting sealed bids frorn all interested parties for: Bid Number: 23-024 Bid Type: REQUE"STFOR PROPOSAL Bid Narne: WAFER FER METER INSf'A.1-1.-,A']-'ION SERVICES Bid Due Date: Wednesday, September 13, 2023 Bid Due Time: 2:00 P.M. Central Daylight Tune Pre-Bid Conference: 10:00 A.M. Central Daylight Time, Wednesday August 16, 2023 Location: Community Room, 4301 City Point Dr, North Richland Hills, TX 76180 Deadline for questions: Date: Friday, September 08, 2023 'Time: 12:00 P.M. Central Daylight Trine DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA: �Yyv_)LPWW—ic wl 11 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 addendurns will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. All bid responses must be turned in complete from cover page to the last page of the bid — pages in order. Should any page not be filled out (in the 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. 3 ('14"NERAL (11"ONDITIONS 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. Wednesqgy,_,��ber I3, 2023, The official time shall be determined by the Pt blic 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. REJECT I ON/D IS i1ALI FICATION Bidders will be disqualified arid/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) I...,ack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement; g) Bid containing special conditions, clauses,, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. 4 However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price;terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, General Conditions and Specifications; i) Results of testing, if required; j) Warranty and/or guarantee,maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty(60) days after the opening of bids.No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERY/ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All 5 material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved,tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive,not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory.As used in this clause,the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal"product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City(CMA-074, Standards of Conduct, Section IV). 6 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.)Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder,and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement,and including all expenses of litigation,court costs,and attorney's fees for injury or death to any person,or injury to any property,received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly,the performance of Contractor under this agreement,including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law.The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights,contractual or otherwise,to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death,or damage,unmixed with the legal fault of another person or entity.Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained. by the City for its own benefit,including self-insurance. 7 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000,the Contractor shall be required to execute a performance bond in the amount of one hundred(100)percent of the total contract price;if the total contract amount exceeds$50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100)percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. N 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. D< Yes,we agree [ ]No,we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SB 252 of the 0' Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code,vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. Yes, we agree [ ]No,we do not agree 8 * By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions regime by the United States government and is not subject to the contract prohibition under Section 2252.154 of the Texas Government Code, Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy frorn 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. littps://www.rirlit.x..co 'ti/DOCLIMeiit(.'ei-�ter/View/389/Code-of'-I...,'ti,iics---P[)I�"�bidid ...... ....... X1 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 I.,egislature, the City of North Richland Hills is prohibited from using public funds to contract with a for- profit Company as defined by Government Code 909.01 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 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. 10 MINIMIJM 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 [lie subcontractors are included under the contractor's policy, The City, at its own discretion, may require a certified copy of the policy. All ins tment of' Insurance to transact business in the State of Texas and moist be North Richland Hills. 'The following guidelines are designed to show the most common rninirnurn 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. U Commercial General Liability -] Automobile Liability U Workers' Compensation & Employer's Liability 1F1 Payment and Maintenance Bond (if applicable) *See Exhibit A for insurance language to include in general contracts for services* Professional Services: Consultants or other professionals including: accountants,attorneys,architects,engineers,medical professionals, medical services, etc. I Commercial General Liability -] Automobile Liability J Workers' Compensation& Employer's Liability 1-11 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. C 1 Commercial General Liability II Automobile Liability I Workers' Compensation & Employer's Liability J Professional Liability (if applicable, for design function) I I ❑ Builder's Risk(required for new or existing property under construction) ❑ Payment and Maintenance Bond(if applicable) *See Exhibit C for insurance language to include in construction contracts* Information Technology/Network Access Services: For the purchasing and installation of technology-related software and equipment or contracting services that support, maintain or interact with the CITY'S technology systems. ❑ Commercial General Liability ❑ Automobile Liability ❑ Workers' Compensation&Employer's Liability ❑ Professional Liability (if applicable) ❑ Cyber Liability *See Exhibit D for insurance language to include in IT/network access services agreements* Standard Minimum Required Insurance Coverage Insurance Ty2e 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's profession) 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 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. 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. 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. 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. 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. 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. 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. 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. 20 Other Insrrrarrce Ite mire eats 0113e Iarclaoled licable 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, CHOW RACTORs 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. J'he 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 I.Jability or equivalent coverage for applicable property while in the CONTRAc"fOR'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 CON1RACTOR'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 most include lit-nits no less than $1,000,000 per occurrence and $2,000,000 aggregate. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE, NONA,'O L LUS ION AFFIDAVIT OF BIDDEIR State of Kentucky County of Da0ess -------------- 21 Robert A. Bates verifies that: (Name) (1) He/She is owner, partner, officer, representative, or agent of Vanguard Utility Service, Inc. D.B.A.VUS Inc., 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 Robert A. Bates PRINTED NAME Subscribed and sworn to before me this 1 2th Day of September 2023. SARAH ALICIA LAWRENCE NOTARY PUBLIC in and for Daviess-..-----,,--...-..-County,+ex-a-�-- Kentucky ma My commission expires: 05-03-2026 THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID 22 I BID C'E'WH FIC A'TION The Undersigned, ill Submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b, fie/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. Fie/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 docurnentary forms herewith made a part of this specific procurement, COMPANY: Vanguard Utility Service, Inc. D.B.A VUS Inc, in Texas .......------ ADDRESS: Owensboro, KY 42301 CITY, STATE &ZIP: TELEPHONE: 270-926-4646 FAX 270-926-6393 EMAIL: sales @vu sinc.corn SIGNATURE: PRINTED NAME: Robert A. Bates DATE: 9-12-2023 23 I COMPLIANCT WITH 11OUSE BILL, 1295 In 2015,the'T'exas Legislature adopted IT Ild I Q95, 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 diSCIOSUre ofinterested 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 governiriental 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 1,295, 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 f(.)und at 1'()rnfl295.htn), 24 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,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. 2023-1070606 vanguard utility Service owensboro, KY United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/12/2023 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. 23-024 WATER METER INSTALLATION 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. MV 6 UNSWORN DECLARATION My name is Robert A. Bates and my date of birth is My address is 1889 Wrights Landing Rd. Owensboro I KY 142303 1 us (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed inDaviess County, State of Kentucky September on the 1 2th day of 2623 (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 I FOR DISADVANTAGED BUSINESS F'.1NTE"RPR1SES ONLA DijLadvantaged_Business Enterprises_(PBE)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 171.1 San Jacinto Blvd., Austin TX 78701-1416 P 0 Box 13186,.A.ustin, TX 78711-3186 (512) 463-5872 ]"Lqj2Z_/LNywW Will(low.stIte at2j_u S r(.1c regLeg)r(..jg/Li ub/ful b-cerfl ri cation/—.Zp—-ju 4L_ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington,Texas 76011 (817) 640-0606 mhtad If your company is already certified, attach a copy of your certification to this for and return as part of your packet. Company Names: Representative: Address® City, State, Zip® _ 'Telephone No. Fax No. Email address: INDICATE ALI, THAT API ---.—Minority-Owned Business Enterprise _--Wornen-Owned Business Enterprise —__Disadvantaged Business Enterprise 25 CON FLAC"'YOF1 NTEIRES"I' QU ESTIONNA I RE 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 ol"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 in 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: littj)s-//wwlL.et[iies.state.tx,us/data/foriiis/coitflict/L-,'ID.V(if 26 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B,23,84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176,006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code: Avendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. Vanguard Utility Service Inc. D.B.A VUS Inc. in Texas 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. N/A 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 anyfamily 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? D Yes � No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable Income is not received from the local governmental entity? Yes � No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent.or more. N/A 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)(9),excluding gifts described in Section 176.003(a-1). 7 , a " ,G g-12-2023 Signature of vendor doing business with the governmental entity pate Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 27 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.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 price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and 0-1) (a) Avendor shall file acompleted conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family memberof the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity;or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 28 ('ON"['IZA(.""']' ("'IIAN('WES GRID The Contractor has the obligation to review all documents that make Lip 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 ('ontract Changes Grid included with the Notice to Bidders. No changes or modifications will be rnade 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. CONTRACTCHANGES 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 rnodification(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 City Response: Accepted Not Accepted Modified 29 0 N F 11)E N111 A 1,ITY 0 1,IPROPRIETARY WFORMATION During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and discussions related to the Proposers' proposals as confidential, The City will treat all proposals as confidential until negotiations are completed, the Successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to disseminate information submitted by all Proposers to selected staff, any consultants employed by the City,and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee members shall maintain the Proposers' information as confidential to the extent permitted by law.All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552,the Texas Public Information Act(the"Act"), If a Proposer does not desire proprietary information in, the proposal to be disclosed, it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information"on which such proprietary information is found. If the Proposer fails to identify such int-bri-nation as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deemed non-proprietary and made available to the pliblic upon request as authorized by law upon completion of the RFP process and award of contract. Proposers are advised that the (-lI ity, 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". 30 I PROJEC"T ("ON ION 1. OWNER AND CONTRACTOR The Owner and Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the contract documents as if singular in number and masculine in gender. fhe Project Manager shall be understood to represent the Owner. The duties, responsibilities and limitations of authority of the Project Manager as the Owner's representative during construction are as set forth in the contract documents and shall not be extended or limited without written consent of the Owner. 2. CONTRACT DOCUMENTS The contract documents shall consist of: The Construction Agreement; General Conditions; the specifications of RFP 4 23-024; Exhibit"A" and Exhibit"B"of REP#23-024; the following listed and numbered addenda.; payment bond; performance bond; the contractor's proposal response; insurance; certificate; and all modifications thereof incorporated in any of the documents before the execution of the agreement.The contract documents are listed below and are binding on the parties. In case of conflict between any of the contract documents, priority of interpretation shall be in the following order: Signed Construction Agreement, performance and payment bonds, Project Guidelines for Seated Competitive Proposals, Contractor's proposal, Notice to Contractors, Specifications, Plans, and General Conditions of Agreement. The Construction Agreement shall be the governing agreement of the Contract Documents,Contractors shall submit any objections or modifications to the language in the Construction Agreement along with the response to the RFP, No additional contractual documents will be accepted, unless otherwise approved by the City. 3. SUB-CONTRACTOR The term Sub-Contractor, as employed herein, shall include only those having direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 4� WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the Corporation for whom it is intended or if delivered at or sent by regular mail to the last business address known to him who gives the notice. 5. WORK The Contractor is responsible f(.-.)r compliance with local, state, and federal regulations. The Contractor shall be responsible for registering with the City's Building Inspections Division and paying the appropriate fee. The Contractor shall obtain all permitting and request all inspections that are necessary for the completion of the work. The City will not charge for permits or inspections on this project. Regardless of the project type or location, the contractor will be responsible for filling out a Right of Way construction permit and filing it with Public Works (See attached at end of" this document). Contractor to provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, fuel, transportation and other facilities necessary for the 31 execution and completion of the work covered by the contract documents. All materials shall be new and workmanship shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. 6. SITE OBSERVATION BY PROJECT MANAGER/OWNER'S REPRESENTATIVE The Project Manager/Owner's Representative shall make periodic visits to the site to familiarize him or her with the progress of the executed work and to determine if such work meets the requirements ofthe specifications and contract documents. Any review of work in progress, or any visit or observation during construction by the Project Manager/Owner's Representative is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Project Manager/Owner's representative, whether called to the Contractor's attention or not shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 7. PROGRESS PAYMENTS FOR WORK The Contractor shall submit monthly Applications for Payment to the Project Manager by the last day of the month, on the City-provided Application for Payment. Once certified by the City's Project Manager, it shall be routed for payment. The Project Manager shall have ten (10) business days from date of receipt from the Contractor of an Application for Payment to approve or reject all or any part of the Application for Payment. The Owner shall pay the undisputed amounts certified by the Project Manager to the Contractor within thirty(30)days of receipt of the Certificate of Payment from the Project Manager, unless otherwise provided in the contract Documents. The contractor must complete and submit a Subcontractor and Material Supplier Payment Certification (second through final application) form prior to the approval of the next month's Certificate of Payment. Five percent (5%) retained earnings will be withheld from payment of completed work and shall be so indicated on each application for payment. The retained earnings will be paid to the Contractor upon final acceptance of the project by the Owner if all subcontractor work and supplier materials furnished for the project are complete and the subcontractors and suppliers' final payments have been made in full. The contractor must complete and submit a Subcontractor and Material Supplier Payment Certification form prior to the project's final acceptance and payment of the retained earnings. 8. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work,during its progress,a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the 32 manner and method of completing his work under this contract,with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person,as a result of his operations hereunder. Contractor shall be fully and completely liable, at his own expense,for design,construction., installation and use, or non-use, of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. 9. UTILITY CONFLICTS It is the Contractor's responsibility to make arrangements with the owners of such underground facilities prior to working in the area to confirm the locations and to determine whether any additional facilities may be present. Contractor shall preserve and protect all underground facilities. UNDERGROUND FACILITY OWNER TELEPHONE NUMBER ATMOS 811 ONCOR 811 AT&T 811 City of North Richland Hills Water/Sewer 817.427.6440 Charter Cable 811 10. WATER FOR CONSTRUCTION The CONTRACTOR shall make the necessary arrangements for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling,testing,flushing or j etting. 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. 11. TRAFFIC CONTROL The CONTRACTOR shall prosecute his traffic control work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. All traffic control devices used during construction shall meet the standards utilized in the MUTCD. Access to adjacent property shall be maintained at all times unless otherwise approved by the OWNER. 12. PROSECUTION OF CONSTRUCTION 33 The CONTRACTOR will, unless otherwise approved by the Owner, prosecute the construction of this project during normal working hours as defined below: A. Normal Work Day shall mean the normal eight(8)hour working day between the hours of 8:00am and 5:00prn 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 I' MLK Day......................................... Third Monday in January Memorial Day ................................ Last Monday in May Independence Day ......................... July 4th Labor Day ...................................... First Monday in September Thanksgiving Holiday ................... Fourth Thursday in November and the following Friday Christmas Holiday ......................... December 24th&December 25th If any of the above dates falling on a Sunday shall be observed on the following Monday. D. If the Contractor wishes to work more than thirty minutes per day overtime, approval must be acquired from the Public Works Department 24 hours in advance and the Contractor must agree to pay the City for the inspector's time at the rate of seventy-five dollars($75.00)per hour. If the Contractor arranges to work on a weekend and for any reason does not or cannot work,he will be responsible for a minimum of two hours pay for the inspector. 13.INSPECTION AND TESTING The CONTRACTOR shall be responsible for paying for all testing and testing related items (acquiring specimens,proper specimen control, etc.) on this Project. During the progress of the work, all materials, equipment and workmanship shall be subjected to such inspections and tests as will assure conformance with the contract requirements. The CONTRACTOR shall furnish at his/her expense all necessary specimens and samples for testing. Sampling and testing of all materials or construction methods shall be performed by a commercial laboratory, approved by the City Engineer, and permitted with the City of North Richland Hills' Public Works Department. 14. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract; and agrees that whenever the Owner shall inform him in writing that any man or men on the work are, in his opinion,incompetent,unfaithful or disorderly, shall be discharged from the work and shall not again be employed on the work without the Owner's written consent. 15.PRELIMINARY APPROVAL The Project Manager shall not have the power to waive the obligations of this contract for the furnishing 34 of good material, or of his performing good work as herein described in full accordance with the plans and specifications. No failure or omission of the Project Manager to discover, object to or condemn defective work or material shall release the Contractor from obligations to fully and properly perform the contract,including without limitations,the obligation to at once tear out,remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided,however,that the Project Manager shall,upon request of the Contractor,inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by the Project Manager prior to final acceptance.If found not in accordance with the specifications for said work,all expense of removing,re-examination and replacement shall be borne by the Contractor. 16. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any material brought on the job site for use or selected for use, shall be deemed by the Project Manager as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice from the Project Manager, remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 17.CHANGE ORDERS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the form, dimensions,plans or materials for the work herein contemplated, or any part thereof, either before or after beginning of the construction,without affecting the validity of this contract and the accompanying Performance and Payment Bonds. It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the project Manager, to complete the work fully as planned and contemplated. All work is to be performed as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to exceed twenty-five percent(25%)of the original contract amount. The Contractor shall submit a bid in writing to the Project Manager for approval of the work requested. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other that by said Contractor. If the Owner approves the bid for the requested change in work, a change order will be executed. All change orders shall be approved in writing by the North Richland Hills' designated representative prior to work being executed. 18. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Owner shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him. The Contractor shall keep one copy of the same constantly accessible on the work with the latest versions noted thereon. 19. OWNERSHIP OF DRAWINGS All drawings, specifications and copies furnished by the Project Manager shall not be reused on other 35 work with the exception of the signed contract sets,are to be returned to him on request at the completion of work.All models are the property of the Owner. 20. RIGHT OF ENTRY The Owner reserves the right to enter the property or location on which the work herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 21.DISCREPANCIES AND OMISSIONS In the event of any discrepancies between the separate contract documents,the priority of interpretation defined under"Contract Documents" shall govern. In the event there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Project Manager shall define which is intended to apply to the work. 22.EQUIPMENT AND MATERIALS The Contractor shall be responsible for the care,preservation,and protection of all materials,supplies, machinery, equipment, tools, apparatus, accessories, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work until the entire work is completed and accepted. 23.PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provision of Federal, State, and Municipal safety laws,building and construction codes. The Contractor shall provide such machinery guards, safe walkways, ladders,bridges, gangplanks, and other safety devices. The safety precautions actuallytaken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 24. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, from the action of the elements, from any unforeseen circumstances in the prosecution of the same,from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 25. PROTECTION OF ADJOINING PROPERTY Contractor shall take proper means to protect all adjacent or adjoining properties in any way encountered which might be injured or seriously affected by any process of construction to be undertaken under the Agreement. Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Project Manager against any claim or claims for damages due to the injury to any adjacent or adjoining property arising or growing out of performance of the contact. Any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 36 26. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations,which in any manner effect the contract or the work. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Project Manager in writing,and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work, knowing it to be contrary to such laws, ordinances, rules and regulations,and without such notice to the Project Manager,he shall bear all costs arising there from. 27.ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or material required in the performance of this contract, shall not relieve the Contractor from his. full obligations to the Owner, as provided by this Agreement. 28.INDEMNIFICATION/PROTECTION AGAINST CLAIMS The City shall not be liable or responsible for,and shall be saved and held harmless by Contractorfrom 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 for the negligence of the 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. The Contractor shall defend,indemnify and hold harmless the Owner and respective officers,agents and employees,from and against all damages,claims,losses,demands, suits,judgments and costs,including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work provided that any such damages, claim, loss, demand, suit,judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible property, including the loss of use and, (2)Is caused in whole or in part by any negligent act or omission of the Contractor,any Subcontractor,anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Project Manager, his agents or employees arising out of the approval of drawings, reports, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Project Manager, his agents or employees, provided such giving or failure to give in the primary cause of the injury or damage. 37 29. WORKERS COMPENSATION INSURANCE As required by the Texas Workers' Compensation Commission Rule 28, 110.110. the Contractor shall also carry worker's compensation insurance. The Contractor's failure to comply with any of the provisions of this Rule will be considered a breach of contract by the Contractor. The City will have the right to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. The successful Contractor must provide a certificate of coverage to the City prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must file a new certificate of coverage with the City Purchasing Division showing coverage has been extended. The Contractor shall obtain from each sub-contractor providing services on the project a certificate of coverage, prior to that person beginning work on the project. Sub-contractor certificates must also be submitted to the Purchasing Division. If the Contractor fails to secure such evidence of coverage from the sub-contractor, the Contractor shall provide such coverage. 30. WAGE RATES The successful contractor shall be required to comply with Chapter 2258 of the Government Code with respect to the payment of prevailing wage rates.Chapter 2258 states contractors and subcontractors shall not pay less than the prevailing wage rate to a]I laborers,workmen, and mechanics employed by them in the execution of the contract. Conti-actors should familiarize themselves with the entire provision of this law and the penalties provided for its violation before submitting their bids. No portion of this provision shall be construed to prohibit the payment of more than the stated wage rate to any laborer, workman or mechanic employed on the project. It shall be the responsibility of the Contractor to maintain an adequate work force whether higher wages are required or not. The State of Texas has adopted the Federal Davis-Bacon wage rates for the use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. The U.S. Department of Labor M) site may be accessed at www,ac,ce ss "�)� Y L)� to obtain the appropriate wage rates to be used in Tarrant County,Texas. It shall be the responsibility of the successful contractor to obtain the proper wage rates for Tarrant County for the type of work.defined in the bid specifications. The City will audit the contractor and all sub-contractors employed by contractor to ensure they are paying the prevailing wage rate weekly.Contractor and all sub-contractors must submit certified payrolls on a weekly basis per the Contractor's ApL)r�qtion that must be filed prior to bidding. In the event an audit is performed, the contractor shall be required to supply a certified copy of the records showing the prevailing wage rates have been met. 31. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however,that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole 38 and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated by the contractor in the Proposal. Contractor shall refer to project specifications regarding order of precedence with respect to meter installation through identified meter reading cycles and subsequent meter reading routes. The Contractor shall submit, at such times as may reasonably be requested by the Project Manager, schedules which shall show the order in which the Contractor proposes to carry on the work,with dates at which the Contractor will start the several parts of the work,and estimated dates of completion of the several parts. 32.EXTENSION OF TIME Contractor shall give the Project Manager immediate notice in writing of any delay in completion of project. If the Owner decides an extension of time is justified,the Project Manager shall issue a written extension of time for completing the work. Extension shall be sufficient to compensate for the delay. 33.LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE WORK ON TIME The Contractor agrees that,from the compensation otherwise to be paid,the Owner may retain the sum of One Hundred Eighty-Nine Dollars and Ninety-Four Cents($189.94) (daily liquidated damages rate) for each calendar day after the agreed Date of Substantial Completion that the work remains not substantially complete. Both parties have had the opportunity to assess the basis upon which the daily liquidated damages rate is based, and such rate is agreed upon as the proper measure of liquidated damages that represents a reasonable and fair estimate of damages which the Owner will sustain per them by the failure of the Contractor to complete the work at the time stipulated in the contract. This sum is not to be construed in any sense as a penalty. The written acceptance of this calculation,which is separately agreed to by the parties, shall be incorporated into this contract. 34.PRICE OF WORK The Owner agrees to pay the Contractor for furnishing of all necessary labor, equipment and material, and the satisfactory completion of all work, the prices set forth in the Proposal hereto attached, which has been made a part of this contract.All materials embraced in the completion of this Contract must be in full conformity with the specifications and stipulations herein contained. 35.USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work,and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. The Contractor shall notify the Project Manager when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Project Manager, the Contractor shall furnish to the Project Manager in writing a detailed list of unfinished work.The Project Manager will review the Contractor's list of unfinished work and will add thereto such items as the contractor has failed to include. The"substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure of facility in accordance with the contract documents. 39 36.PAYMENTS WITHHELD The Owner may, on account of subsequently discovered evidence,withhold or nullify any certificate to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments properly to Sub-Contractors or for material or labor. d. Damage to another contractor e. Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f. Reasonable indication the work will not be completed within contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 37. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Project Manager within ten (10) days after the Project Manager has given any directions,order or instruction to which the Contractor desires to take exception. The Project Manager shall reply within ten (10) days to such written exceptions by the Contractor and render his final decision in writing. 38.ABANDONMENT BY CONTRACTOR If the Contractor shall fail to commence work within ten (10) calendar days after written notice to commence is served on Contractor or if the Contractor stops work or fails to pursue work in a timely fashion and fails to resume and pursue work in a timely fashion within ten(10)calendar days of a written notice of work stoppage or failure to pursue work in a timely fashion,or if the Contractor fails to comply with orders consistent with the contract documents,the Owner may declare the contract abandoned and direct the surety on the performance bond with a written notice to complete the work. A copy of the notice to the surety shall be served on the Contractor. After receiving the notice of abandonment, the Contractor shall not remove any materials or supplies from the job site. After the contract is declared abandoned,the Owner shall be entitled to pursue any legal remedy and to seek damages for breach of contract from the Contractor and, to the extent that it fails to honor its obligations under the performance bond, from the surety on the bond. 40 1 13R(11 11"C"T' G U I DE Ll N 1^IS FOR SEAL,t'11) COMPEIT111VE' PROPOSALS REQUEST FOR SEALED COMPETITIVE PROPOSALS (SCP) FOR SUPPLEMENTAL CONCRETE CONTRACTOR SERVICES RFP#23-024 'rhe City of North Richland Hills (City) is requesting Sealed Competitive Proposals for WATER METER. INSTALLATION SERVICES for citywide wholesale water meter installation services as outlined in this request based on the best value to the City of North Richland Hills, The City reserves the right to award one contract for some or all the requirements proposed, or award multiple contracts for various portions of the requirements to different Contractors based on the unit prices proposed in response to this request, or to reject any and all Proposers and re-solicit for Proposals, as deemed to be in the best interest of the City. SCOPE OF PROJECT' This project will allow the City to enter into multiple contracts with multiple Conti-actors for a twelve-month period with the option for four one-year renewals at the City's discretion. The successful proposers will provide WATER. METER INSTALLA'I"ION SERVICES during regular business and non-business hours during the term of the contracts. General contracting services may include, but are not limited to, removing and replacing water meters in various sizes, removal and replacement of encoders and endpoints on various size meters within the City of North Richland Hills as needed. PROJECT PROCUREMENT METHOD The procurement method, "Sealed Competitive Proposal", is a method by which the City requests proposals, ranks the submittals, negotiates as prescribed, and then enters into a contract with general contractors to provide WATER METER INSTALLATION SERVICES, The City shall select the contractors who submit the proposals that offers the best value for the City. The best value is based on published selection criteria,the weighted value of each criterion (in points earned) and the contractors' subsequent ranking evaluation, The City shall first attempt to negotiate a contract with the selected contractors, The City may discuss with the contractors options for scope modifications and any price change associated with the modifications. If the City is unable to negotiate a satisfactory contract with the selected contractor(s), the City shall, formally and in writing, end negotiations with that contractor and proceed to the next contractor in the order of the ranking until a contract agreement is reached or all proposals are rejected. The City reserves the right to award one contract for some or all of the requirements or multiple contracts to different Contractors, 41 EVALUATION CRITERIA EVALIJAI'ION AND SELECTION PROCESSPROCESSMin Max use I'tsa Proposals will be evaluated by a selection committee based on the f'ollow �criteria_° Unit cost of work as described in bird items 1-9 0 20 Contractor's comparable project experience 0 16 _ Quality of'references for similar projects .._._..._ 0 Proposers financial stability - 0 12 Proposers percentage of self-performing tasks 0 10 Team structure, work approach and delivery schedule��._____� 0 8 Following the review and evaluation of all C:'Sp submittals, a Selection Meeting will be held to select contractors. The selection committee will present their ranking based on the published criteria above, selection and justification at the selection meeting. The selection meeting;will result in the selection of two proposals or an appropriate short list of proposals.An interview may also be requested to aid in the selection of the contractors. However, interviews may not:be necessary. The City shall select the contractors who submit the proposals that offers the best value for the City. Unsuccessful contractors will be notified in writing as soon as possible. The contractor shall utilise the Tarrant County Davis-Bacon Wage Rates for Construction, effective March 12, 2021: st%20cc>ultly. 42 PROPOSAL SUBMITTAL AND CONTENT Sealed proposals must be submitted to the North Richland Hills Purchasing Department by 2:001"IM (CDT) Wednesday September 13, 2023, and must be addressed as follows: Electronically at i.ase.corn/ r Ab d �LIIL jj.c/home (This is the only method accepted. For assistance please contact Scott Kendall at 81 7-427-6165). Proposals must,include a.11 pages of the proposal Form as found in this CSP. Proposals must include a proposal price on the form provided. Any price request not filled out could be Subject to rejection as being presented incomplete. The City reserves the right to reject any and all proposals with or without cause, and to accept proposals which it considers most favorable. Each proposal must be accompanied by a Certified Check, Cashier's Check or Bid Bond, payable to the City of North Richland Hills, in the amount not less than five percent (5%) of the total bid amount,. The successful contractor shall furnish ap woved Ilerformance and Payment Bonds each in the amount of one hund dividuall pr, et over $50,000. Worker's Compensation, Comprehensive General Liability and Transportation insurance and insurance certificates shall be provided by the successful supplier. 43 PRON)SAL FORAM FOR (T)MITTITIVE SEALED PROPOSAL: BIDDER'S DECLARATION We,the undersigned have carefully examined RFP 9 23-024 and all addenda and herewith forming part of this proposal submission and have carefully examined the work sites and all requirements of this RFP. We, the undersigned understand and accept the said RFP, and, for the prices set forth in our proposal, hereby offer to perform all work with our own labor, equipment, tools, apparatus and other means of work, and to complete the work in strict accordance with this RFP; And have submitted our proposal at rates that include all labor, materials, overhead and profit to comply with the RFP requirements and specifications and further agree that We, shall not be entitled to any payments, except by the prices as stated herein; and further agree to furnish the required Insurance documentation in accordance with this RFP and to properly complete the work within the time stated herein;and declare that no person,firm or corporation other than whose signature or signatures of whose proper officers and the sea] is or are attached below, has any interest in this RFP or in the work proposed to be taken and that our proposal submission is made without any cormection, knowledge, comparison of figures or arrangement with any other company, firm or person submitting a proposal for the same work and is all respects fair and without collusion or fraud; And if'our proposal submission is accepted by the City, we will complete whatever additional work that may be required at the prices stated herein, in strict conformity and in all respects with the requirernents of this RFP in all respects. We further acknowledge that we have received Addendum/ Addenda No. 1 to—3_____._ inclusive, and that all changes specified in the Addendum/Addenda have been included in the prices submitted. We further agree to complete all of the work and services as specified in this RFP at the prices stated to the satisfaction of the City of North Richland Hills. We further agree that our proposal submission is to continue open to acceptance and irrevocable until a Purchase order has been issued by the City for the said work., and that, within 90 (ninety) calendar days of closing date,the City may accept our proposal for the prices stated on the Proposal Form of this RFP, which is within the maximum budget provided. Company Name Vanguard Utility Service, Inc. D.13 X VUS Inc.in Texas Address: Street& Number Address: City, Province, Postal Code Owensboro, KY 4,2301 Telephone & Fax Numbers Y Tel: 270-926-4646 Fax270-926-6393 E-mail Address --------------- Name of Signing Officer/Title Name: Robert A. Bates Tit]e:President/owne.r Signature of Signing Officer I have authority to bind the cornl.)any Date Signed 9/12/20_23 By Signing above, the Signing Officer authorizes that he/she has the authority to bind the company. 44 PROPOSAL FORM EVALUATION CRITERIA RESPONSE: Unit cost of work as described in (This will be shown on the bid form, and allows for the bid items 1-9. maximum number of points in proposal evaluation) Contractor's comparable The City is interested in the Contractor's history and project experience successful completion of similar projects utilizing legal municipal procurement methods. (Fill out form on next pages) Quality of references for similar Quality of reference refers to accuracy of facts about projects (Persons to contact on reference,name of project,Project Manager's title and your company's behalf that yoou organization, contact information,reference's response and have done business with) similarity to this project. (Fill out form on next pages) Proposer's financial stability The City is interested in the Proposer's legal entity and ownership,and financial viability, stability,and business size. Any or all points allocated to this consideration item will be awarded on the basis of the Proposer's comparative financial status. Proposer's percentage of self- This represents the percentage of work for WATER METER performing tasks INSTALLATION SERVICES by the proposer's firm. This does not include any work that is subcontracted. %of work performed by proposer firm Team structure,work approach The City is interested in contractor's management,reporting, and delivery schedule and administrative structures and methods required to successfully complete the work,and reasonably supported ability to meet or beat the specified construction schedule (Fill out forms on next pages) Is the proposer on debarment or Yes or No(Please circle the correct response) suspension lists? 45 QUALITY OF REFERENCES FOR SIMILAR PROJECTS: Provide your best references that we can contact to provide detailed information about working with your firm. Projects should be similar in scope of this RFP. Reference#1 Cape Coral, FL Cape Coral, FL 1015 Cultural Park Blvd Client: Location: Cape Coral, FL 33990 Bill Sperry, PE Client Project Ph.M 239-574-0729 Client Project Cell#804-517-5312 Manager: Manager Phone No. Email:wsperry@capecoral.net and email address: started June 2018 $1,500,000 to date Year of Completion: and has been extended Approximate Value: through 2023 Renovation or new MIr N Approximate time to Initial 3-year contract construction? construct: I I Provide any additional Neptune Drive by System, Project Management and Installation relevant information to services for the replacement of 70,000 water meters sizes 5/8"to 1", describe project Replace curb stop, meter boxes, and backflow preventers. Reference#2 County of Henrico Henrico, VA Client: Location: Nellow Simukonde, Client Project Ph#804-501-4729 Client Project Senior Engineer Manager Phone NO. Email:sim69@henrico.us Manager: and email address Year of Completion: Ongoing $800,000 to date Approximate Value: Original Contract Renovation or new Approximate time to November 2017.Work construction? Mir N construct: added, project extended I I Provide any additional Project Management for Water Meter and ERT Replacement of relevant information approximately 19,000(5/8"-2")Badger displacement type water meters<ron to describe project Encoder Receiver Transmitters. 46 Reference#3 Austin Water Austin, TX Client: Location: Dan Strub Client Project (512)-297-3708 Client Project Email:dan.strub@austintexas.gov Manager: Manager Phone No. and email address October 2024 Year of Completion: Approximate Value: Renovation or new Approximate time to January2021- construction? r7lor N construct: October 2024 1 Provide any additional Exchange 220(3"-6")Water Meters with Recordall, Omni or ABB mag meter, relevant information test port,and downstream shutoff valve during normal business hours; to describe project Exchange 212(3"-6")Water Meters during non business hours; Installation of spool piece for test port on mag meter installations.Accuracy Testing for approx.2,500 large meters(3",4"&6") PROPOSERS FINANCIAL STABILITY: • Please provide a letter from Proposer's Surety stating Proposer's ability to acquire bonding in the full amount of the proposed contract amount. • Please provide an audited financial statement from 2022. 47 TEAM STRUCTURE, WORK APPROACH AND DELIVERY SCHEDULE: Company Name: Vanguard Utility Service, Inc. D.B.A VUS Inc. in Texas Address: 1421 W. 9th St. Owensboro, KY 42301 Telephone/Email: 270-926-4646/sales@vusinc.com Years in business: 21 years Contact/Title: Robert A. Bates President/Owner Signature: Name of Proposed Project Manager for this Competitive Sealed Proposal: To be determined at the time of Notice of Award Education: All project managers must have 2 years field experience Primar Res Overall responsibility to start,maintain,and complete projects as profit centers as directed by Corporate Management. y ponsibilities: A Project Manager/Supervisor is assigned to every A installers Number of years with contractor's firm: minimum 2 years 48 Project Manager's enerience if different from General Construction ContractiM Project Nbiozo: Name of Proposed Project Superintendent for this Sealed Proposal Byron Weaver Education:University OfKentucky Primary Responsibilities: Operations t business development,supp| chain ent engineering, |og/oncm, strategic planning,budget development,personnel training and management. Number of years with contractor's firm: 184ears Project Superintendent's eUerience if different from General Construction Contracting: Project Name: Description: 49 I SPECI F1 CWTION S The work listed will be performed Linder the supervision of the Public Works Department. MATERIALS The materials within this project will include: water meters, encoders, transponders, water meter replacement chambers, associated meter gaskets, and mounting hardware. All meters, encoders and transponders will be Supplied by the City of North Richland Hills. All meters supplied will be Badger Recordall brass positive displacement meters with HR-E encoders and cellular endpoints.All chambers will be 1.5 inch or 2-inch Badger replacement chambers. Contractor will NOT be responsible for purchasing or supplying materials to the City. LOCATION All meters will be installed in the city limits of North Richland Hills. Every meter in the City will be touched by either full replacement (meter, encoder, endpoint), chamber replacement, endpoint replacement or any combination of the options. Replacements will occur in batches based on the city's utility billing cycles. Working in one cycle at a time until completion. The City has eight (8) cycles organized geographically with roughly 3,000 meters per cycle. See Exhibit"B" for cycle information. ELECTRONIC DATA COLLECTION Contractor shall utilize afield computer or electronic device for the specific purpose of collecting new meter information. The field computer shall be furnished by the contractor and shall be equipped with a barcode scanner, camera and integrated GPS, at a minimum, to ensure data collection accuracy and integrity. It is acceptable to utilize a. hardeopy form in the field for the purpose of'production planning and supervision,but at no time should the hardcopy be used to solely collect the new meter information to be later hand keyed into a database for data processing, this is specifically to prevent human error in the field arid in the office. It is required that a responsible Job supervisor, or crew leader, directly supervise or perform the data collection at each location, to include a final quality control review of the installation upon completion. A picture shall be taken of old meter read and new meter set. Contractor shall have the mearis to automate and perform a.thorough quality control review on a daily basis. The specifics are noted below,, at a minimum, and must be able to demonstrate their process in detail if required. I. Endpoint — a. Verify there are no duplicates in the system. K, Utilize Certification I"He from manufacture and/or supplier to ensure data accuracy. 2. New Meter - a. Verify there are no duplicates in the system. b. Utilize Certification File from manufacture arid/or supplier to ensure data accuracy, 50 3. Final Read- Compare final read to a threshold, including an upper and lower limit,to prevent erroneous reads from inadvertently entering billing. 4. Meter Attributes -Utilize Certification File from manufacture and/or supplier to ensure data accuracy. REPORTING I. Contractor shall prepare daily reports at the end of each working day to reflect the day's production. Information MUST be provided to the city on a DAILY basis through electronic correspondence utilizing a dedicated distribution list. 2. Contractor shall prepare weekly project progress reports to communicate inventory levels as well as project progress. 3. Contractor shall prepare weekly and/or monthly system integrity reports to include route/book saturation levels as well as read rates. ELECTRONIC EXCHANGE OF DATA Contractor shall have the in-house expertise to work with the client's billing provider to develop and implement an interface that will facilitate the electronic exchange of data. Contractor MUST refer to Exhibit "A" for exact information required and duplicate style, format, alpha numerical coding, and terminology without deviation. Typical interface specification: 1. Download: a. Account Number b. Account Status c. Service Type d. Meter Number e. Meter Type f. Meter Size g. Previous Read h. Service Address i. Occupant j. Occupant Contact k. Location Notes 2. Upload: a. Account Number b. Meter Number c. Final Read d. New Read e. New Meter Number f. New MILT/MXU Number g. Meter Brand h. Meter Type i. Meter Size 51 j. Install Date k. Latitude 1. Longitude If requested, prior to responding to the RFP, vendor shall be able to demonstrate the above listed electronic data handling and processing ability prior to submitting information for the RFP. EXPERIENCE I. Contractor shall have a minimum of 5 years of experience performing meter installations with AMR,AMI, and Cellular type systems. 2. Contractor shall have a verifiable experience record of having installed 15k meters per year, during the previous 3 consecutive years,of this RFP. WARRANTY 1. Contractor will be responsible for damage within 2 feet of all sides of the meter. Jobsite must be left in a condition that is equal or better than before the meter installation. 2. Contractor will be responsible for any dirt or debris in the service line or interior plumbing of the resident due to the meter installation. 3. Contractor will supply a supervisor contact number that can respond to after hour issues related to daily meter installations. 4. Contractor must respond to any issues within 2 hours of receiving notification of the issue. 5. Contractor will warranty all work for one year from date of installation. SUPPLEMENTAL INFORMATION 1. Contact Information-Bidder shall provide information identifying the bidder's geographic office location,mailing address, contact person's name,phone number, and email address. 2. Staffing-Bidder shall provide information identifying the company's key personnel to be assigned to the project that shows such personnel possesses the appropriate background. 3. Equipment-The Bidder shall provide information,that shows it has adequate equipment or resources to provide the equipment necessary to perform services and work. 4. Financial Stability- The Bidder shall provide information that shows the Bidder is financially stable and has adequate bonding capacity and insurance coverage. 5. References-The Bidder shall provide a list of five references for similar projects the Bidder has completed in the past five years in meter installation of Cellular technologies.Please list contact information including an email address. 6. Contractor shall have performed at least 3 projects with the selected type of Cellular system. 7. Describe the method, equipment and material to be used for the meter installation. Include the process of recording old and new meter information. S. Contractor will hold a weekly progress meeting. 9. Bidder shall include a current Safety Program. METER INSTALLATION 1. All contractor employees will wear a uniform marked with a visible company logo. 2. All contractor vehicles will be marked with appropriate company logos. 52 3. Contractor shall schedule appointments for all commercial accounts. 4. Contractor shall put out door hangers 24 to 48 hours prior to meter installation. 5. Contractor will knock on resident's door to make contact before water is turned off. 6. Contractor will disinfect new meter and connections per AWWA standards. 7. The meter installation includes:the meter, encoder(HRE), and endpoint(EP). 8. Some locations will only be HRE and EP installation. With other locations that are only EP installations. 9. Contractor will mount transponder through all lids. This will require a 2-inch hole drilled through the meter box lid. 10. Contractor shall report any unauthorized use of water. 11. It is the contractor's responsibility to return all old meters back to the City. 12. Contractor working hours are 8:00am till 4:30pm. With the exceptions based-on special situations requested by customers. 13. Meter installation will be completed systematically through identified cycles completing each sub-route category prior to moving to the next. See Exhibit"B" for Cycle information. GENERAL CONDITIONS Contractors submitting bids certify that they own all necessary equipment, facilities, personnel and work experience to fulfill the terms of the contract at the time of bid submission, or that they will have the necessary equipment and personnel and be ready to proceed on the starting date. METHOD OF OPERATION The Contractor will work under the direction of the Utility Superintendent or his representative, who will determine the locations of the meter installs. No payment, on any basis, will be made for unsatisfactory workmanship.The determination of the Assistant Director of Public Works shall be final on all work. CONTRACTOR'S UNDERSTANDING The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract.Likewise,the Contractor shall be solely responsible for the safety of himself, his employees and other persons,the property of himself or any other person, as a result of his operations hereunder. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the character, quality and quantity of the materials, equipment and facilities needed during the prosecution of the work, the general and local conditions, and all other matters which can in any way effect the work under this contract.No verbal agreement or conservation with any officer,agent or employee of the City either before or after the execution of this contract shall affect or modify any of the terms or obligations herein contained. The City of North Richland Hills is requesting proposals for Meter Installation services under the direction of the NRH Public Works department. The undersigned, having examined and fully read the bid documents, specifications, general terms and conditions of RFP 23-024 and being familiar with all 53 site conditions hereby proposes to furnish all labor, services and equipment necessary to perform the work for the Meter Installation Service. METER AND METER BOX CONDITIONS Depending on weather conditions, drainage, and or leak circumstances the contractor should expect to find meter boxes holding water. Meter boxes found to be holding water shall be dewatered prior to meter replacement. Should the contractor find a suspected leak,albeit a City or customer leak,the City representative shall be contacted for documentation and investigation purposes. Additionally, the contractor should expect to find a portion of the water meters and water metering equipment to be under dirt, covered by debris, at a grade lower than the meter box,and or in a position relative to the meter box that will require the meter box to be removed to allow the meter to be changed. Contractor should consider these conditions to be subsidiary to pay items 1-9 with no extra compensation. DURATION OF AGREEMENT The contractor shall provide the "Planned Monthly Quantity Installed" below Table L1. Dividing the "Total Estimated Quantity" (bottom line of Table 1.1)by the"Planned Monthly Quantity"the quotient should be considered the duration of the agreement in months (rounded to the nearest whole number). As part of the evaluation process, delivery schedules will be considered based on proposal form evaluation criteria. METER INSTALLATION QUANTITIES The project duration is somewhat dictated by product delivery by the meter manufacturer, in this case it is Badger Meter. Currently, the manufacturer has committed to delivering nearly 1500 meters on a monthly basis beginning in August of 2023. Estimated quantities are identified in Table 1.1 below. The quantities listed are estimated quantities using the best information available.The City reserves the right to choose the items that will be purchased and to purchase more than or less than the quantities listed. 54 Table 1.1 installation Estimated Item Unit Cost Extended Cost Type Quantity Install 3/4".Meter, 1. Encoder&Endpoint 20,473 $ $ 2. Install I"Meter,HRE 1,407 $ $ Encoder&Endpoint Install 1.5"Meter, 3. HRE Encoder 6 &Endpoint 4. Install 2"Meter,HRE 129� Encoder&Endpoint Install 1.5"Meter 5. Chamber,HRE 72 Encoder&Endpoint Install 2"Meter 6. Chamber,HRE 714 $ Encoder&Endpoint Install HRE Encoder 7. &Endpoint(Various 166 Meter Sizes) S. Install Endpoint 1200 9. Install Encoder 432 $ Total Estimated 24,599 Project Total $ Quantity Vendor must provide the Planned Monthly Quantity Installed 24,599 Planned Monthly Quantity Installed= Months to complete project. The undersigned agrees, if awarded the contract,to commence work within ten(10) days of the date of Notice to Proceed and to adhere from that time forward with the terms, conditions and specifications in accordance with the contract documents. 55 Table LI Item Installation Estimated Type Quantity Unit Cost Extended Cost Install 3/4"Meter, 20,473 $ 44.92 $919,647.16 Encoder&Endpoint 2. Install I"Meter,HRE 1,407 $44.92 $63,202.44 Encoder&Endpoint Install 1.5"Meter, 3. HRE Encoder 6 $202.14 $ 1,212.84 - &Endpoint 4. Install 2"Meter,BRE 129 $ 242.57 $31,291.53 Encoder&Endpoint Install 1.5"Meter 5. Chamber, HRE 72 $ 263.66 $ 18,983.52 Encoder&Endpoint Install 2"Meter 6. Chamber,HRE 714 $ 26166 $ 188,253.24 Encoder&Endpoint Install HRE Encoder 7. &Endpoint(Various 166 $ 37.90 $ 6,291.40 Meter Sizes) 8. Install Endpoint 1200 $ 28.88 $ 34,656.00 9. Install Encoder 432 $28.88 $12,476.16 10. Mobilization Lump Sum $120,000.00 $ 120,000.00 Total Estimated 24,599 Project Total $1 ,396,014.29 Quantity Alternate Bid#1 11. Identification of 13,839 $ 2-5.00 $ 345,975.00 Water Line Material Alternate Bid#1 Total $ 345,975.00 56 Vendor must provide the Planned Monthly Quantity Installed 1,640 24,599— 1,640 Planned Monthly Quantity Installed= 15 Months to complete project. The undersigned agrees,if awarded the contract,to commence work within ten(10) days of the date of Notice to Proceed and to adhere from that time forward with the terms, conditions and specifications in accordance with the contract documents. 57 Water Meter Ir)stallation Services City Project Number: RFP 23-024 Addendum Number: 1. ISIRH ADDENDUM NO. 1 To the Specifications and Contract Documents For MeterWater Installation Servis City Project No. RFB 3-024 Addendum o. 1 Issue August 21, 2023 This addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and in the PROPOSAL FORM FOR COMPETITIVE SEALED PROPOSAL (Page 44 -- Bidder's Declaration) of the Bidding Documents. Contractor to also upload all addendum documents to Public Purchase separate from the PDF of the Bidding Documents. Failure to acknowledge receipt of this addendum could subject the offeror to disqualification. The addenda and updated documents have been posted on-line and can be viewed at: w w�,pu lic urchase.com Addendum No. 1: The specifications and contract documents for WATER METER INSTALLATION SERVICES are hereby revised by Addendum No. 1 as follows: Specifications. 1. Addition of the specification for Mobilization (Pages 54 & 5 ), Bid Far 1. Added Mobilization as line item number 10 (Page 56). Questions and Clarifications: 1. Sign-In Sheet from Pre-Bid Meeting on September 13, 2023 are included as an appendix. 2, The UTL-QG-03116-EN_IR Communication Device Utility Quick Reference Guide has been included as a reference material for cellular endpoint activation. 3. Additional Questions/Comments Provided in Table Below: Page 1 1, Water Meter Installation Services City Project Number: RFPl]-O24 Addendum Number: 1 Question/Comment Answer 1 Is 1,500 meters per month what is The number is about 1,492, but we are using 1,500 as the estimated to be received? estimate. Is the timeline for the project at one The contractor would help determine the timeline.We 2 year, or is it based on quantities as would like for the project to move quickly, but don't want to they come in? pay premium for expedited speed. Is the city looking to complete lead The city's lead assessment project and this meter 3 line surveying while installing installation project are not tied together. Plan for various types of materials, but we estimate that What are the lid materials in the approximately 95% of our lids are plastic. There are some 4 city? concrete and some metal, and we are doing some testing on how to male different types work. Estimate less than 5% will have this issue. Quite a few already have holes drilled. For irrigation & landscaping work, is The expectation is to leave things as neat and tidy as when 5 the contractor going to bill this back they arrived. If a larger issue arises, the expectation is to to the city for relocation of boxes, work with the city for assistance on the back-end. Our etc.? intention is to have our footprint be as small as possible. When there are issues with 6 alignment, etc., is the contractor to Yes.We expect there will be issues, but it would be a stick to the meter and box only? Is reasonable number. there a known number? Pulling boxes up may happen, so 7 should the contractor include a fixed Build in and expect that it may happen. — price, or build contingency in? 8 How many transmitters has the city About 2,000+ boxes already installed & drilled. already done? How many meter boxes can we 9 expect in backyards? In Very few, if any, in backyards. There may be a handful in easements? rear service alleys. 10 Where do we submit bid bonds to? Submit the bid bond along with the other bid documents on Has anyone in INICTCOG or other No, but if they do, it usually happens after contract 11 entities expressed interest in execution. utilizing this contract? Are there other entities involved 12 other than the contractor and the Only the city and the contractor. Does the contractor have storage This question has been asked and answered in Public 13 use capability or a desk on-site for Purchase. the contractor? Attachments: - Updated Specifications and Bid Form (Pages 540'55;Page 56) - Pre-Bid Meeting Sign-in Sheet - UTL,QG-O3116-EN_|R Communication Device Utility Quick Reference Guide Page 12 Water Meter Installation Services City Project Number: RFP23-024 Addendum Number: 1 Information to Offerors: This Addendum NO. 1 fOrDlS part of the Specifications @ Contract Documents for the above referenced project and modifies the original Project Manual 8,Contract Documents nf the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information in the space provided iOthe PROPOSAL FORM FOR COMPETITIVE SEALED PROPOSAL (Page 44 — Bidder's Declaration) of the Bidding Documents. Upload 8 Signed copy of Addendum NO. 1 to Public Purchase with the uploaded Bid C)VcVDl8nts. Failure to acknowledge receipt of Addendum No. 1 below could cause the subject bidder{Vbe considered "NOyV-RESPON8|VE". resulting iDdisqualification. RECEIPT ACKNOWLEDGED Robert/\. Bates Printed Name 9-12-2023 Signature [}a[8 Vanguard Utility Service, I Company City q{ North Richland Hills BY:Boe Blankenship Assistant Director of Public Works—Operations "Ft. P U I,)as i,n g ;I I y DID NORTH R CHLAND HILLS September 12,2023 23-024 WATER METER INSTALLATION SERVICES ADDENDUM TWO: 1. This bid has been extended until 2:00 P.M. (CDT) Friday, September 22, 2023. 2. The deadline to ask questions for this bid has been extended until 12:00 P.M. (CDT) Wednesday, September 20t`, 2023. THIS ADDENDUM MUST BE SIGNED AND RETURNED WITH YOUR RFP RESPONSE. Acknowledge receipt of this addendum by inserting this page with your RFP response. This addendum form is a part of the contract documents, and it so modifies,amends, deletes and/or adds to the original RFP document. Name and Address of Company: Authorized Representative: Vangijard titilit�r Prvire, Inc. Signature: D.B.A VUS Inc. in Texas 1421 W. 9th St. Name: Robert A. Bates Owensboro, KY 42301 Title: President/Owner Phone: 270-926-4646 FAX: 270-926-6393 Email:-sales@vusinc.com vusinc.com P.O. Box 820609 North Richland Hills, Texas 76182-0609 4301 City Point Drive (817)427-6150 * Fax(817)427-6165 Water Meter Installation Services City Project Number: RFP 23-024 Addendum Number: 3 NoF,,r �i KICHLAND HILLS THE C �TY OF CH01CF ADDENDUM NO. 3 To the Specifications and Contract Documents For Water Meter Installation Services City Project No. RFB 23-024 Addendum No. 3 Issued: September 13, 2023 This addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents, Bidder shall acknowledge receipt of this addendum in the space provided below and in the PROPOSAL FORM FOR COMPETITIVE SEALED PROPOSAL (Page 44 — Bidder's Declaration) of the Bidding Documents. Contractor to also upload all addendum documents to Public Purchase separate from the PDF of the Bidding Documents. Failure to acknowledge receipt of this addendum could subject the offeror to disqualification. The addenda and updated documents have been posted on-line and can be viewed at: www.i)ublicour,cliase.corn Addendum No. 3: The Bid Form and Exhibit A for WATER METER INSTALLATION SERVICES are hereby revised by Addendum No. 3 as follows: Bid Form: 1. Added Alternate Bid #1 as line item number 11 (Pages 56, 57). Exhibit A: 1. Added Material Type Before Box & Material Type After Box to Exhibit A as part of Alternate Bid #1 Attachments: - Updated Bid Form (Pages 56& 57) - Updated Exhibit A ----------- Page 1 1 Water Meter Installation Services City Project Number: RFP23'O24 Addendum Number: 3 Information to Offerors: This Addendum No. 3fonns part ufthe Specifications & Contract DOCUments for the above referenced project mndmodifiestheorigine| P ject Manual & Contract Documents of the same, Acknowledge your receipt of Addendum No. 3 by completing the requested information in the space provided in the PROPOSAL FORM FOR COMPETITIVE SEALED PROPOSAL (Page 44 —Bidder's Declaration) of the Bidding Documents. Upload m signed copy of Addendum No. 3 to Public Purchase with the uploaded Bid Documents. Failure to acknowledge receipt of Addendum No. 3 below could cause the subject bidder to be considered "NON-RESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED Robert A. Bates Printed Name ~ 9/20/2023 Signature Date \/an Pd [1fi�if Service, IncD B A \/[lS Inc. in Texas Company City Of North Richland Hills Boe Blankenship Assistant DireotorofPub|icVVurkm—Operotions pky k wj,"„ North Richland Fulls, TX ` Company act roun Vanguard Utility Service, Inc,, was incorporated on February 13, 2002, Vanguard is centrally located at 1421 West 911 Street, Owensboro Kentucky 42301. Our primary contact for the City of North Richland Hills project is Kathy Kolter, Regional Director of Sales, who can be contacted by email at sales r@vusinc.com or by phone at 270-926-4646 ext. 270, Vanguard is a privately held, venture-backed company that is dedicated to the resourceful use of water. We have been delivering solutions to address the unique challenges facing the water industry, including increasing demand and resource scarcity for nearly 21 years, Vanguard has proven expertise in AMI/A R, broad knowledge, and a long history of managing very successful AMI/AMR projects. We provide comprehensive solutions that measure, manage, and analyze water and energy usage data at the customer, City, and system levels. From day one, our goal has been to modernize the nation's infrastructure, while improving revenues, reducing operating costs, and enhancing the customer experience for our clients. The solutions we provide deliver on the promise of AMI/AMR by translating data into actionable intelligence throughout the City, Our clients will have the flexible tools that meet its needs today and can evolve to meet the business needs of tomorrow. Since we are product neutral, we can offer a broad product portfolio that helps utilities responsibly and efficiently manage resources. We supply, install, and maintain standard meter networks to the latest smart metering technologies and smart wellfield solutions for your water system. These include smart water analytics and customer engagement tools software-as- a-service (hosted software applications), managed services, e.g,, field maintenance and operations, technical support « •«, « services, and consulting services. We also hold contractor's license statuses in 19 states. « « Vanguard has performed more than 800 projects over the past 21 years across the United States. Each installation project «- . has ranged from as small as 100 to well over 100,000 water - meters. Vanguard strives to ensure all projects are completed «, efficiently and timely. These projects include Lee County FL, Durham NC, Charlotte NC, Tallahassee FL, Fort Worth TX, and Evansville IN. With our experience, Vanguard has proven our installation services exceed all expectations and more. The Vanguard Difference Our senior management includes team members from the water, gas, and electric industries with a combined 75 years of experience. It is a bank of knowledge that has allowed Vanguard Utility Service, Inc. to flourish and become a leader in the meter& A I/A R industry today. With dedicated water, energy, and business professionals with years of experience and strong commitment to customer satisfaction and service, Vanguard offers you the resources needed to successfully plan, execute, and even finance the water program that will create real, sustained economic and operating benefits to fulfill your unique requirements. For the City of North Richland Hills, we have assembled a team that is experienced in the procurement, design, and implementation of AMI Water Meter projects, All tearn members have WATER METER INSTALLATION SERVICES 23-024 Vanguard utility Service, Inc. North Richland Hills, TX supported all aspects of our City clients, from project inception through system integration to the actual operation of the AMI solutions and follow-on value creation. Our involvement with all phases of the AMI Project Lifecycle has given us an unparalleled understanding of the requirements, approaches, best practices, lessons learned, and delivery accelerators. The team will leverage our collective resources to offer the City a solution that we feel no other can deliver. We will staff our project team with the right people, with the right knowledge and experience, at the right time to implement an efficient and successful solution. We have successfully performed with our team members, and we are confident our combined skill set will result in long-term, cost-effective success for the City of Borth Richland Hills. Our leaders are dedicated to making Vanguard Utility Service, Inc., a thriving business. They are devoted to the success of our partners, our vision, and our mission. Together with over 75 years combined experience, Vanguard's senior management have an exceptional diverse array of talent and knowledge to bring to our organization. + Robert Elates, President/Owner + Rick Hauf, Vice President of Operations + Robert Shelton, Chief Financial Officer Advisor + Kathy Kolter, Regional Director of Sales Vanguard provides exceptional services to offer the City of North Richland Hills: • Vanguard installs water and electric meters of all sizes and brands • Vanguard has installed AMR Systems, Automatic Meter Reading (Drive-by) and AMI System, Advanced Meter Infrastructure (Fixed Network) • Vanguard retrofits gas and water meters of all sizes and brands ® Vanguard installs large water meters including vault replacement or repair • Vanguard provides On-site Test, Repair and Recalibration of industrial and commercial water meters • Vanguards fully equipped mobile testing units can field test up to 36-inch source services • Surveys of large meters • Independent Auditing Services • Project Managers have OSHA 10 Certification, and Large Meter Managers have the Confined Space Certification Vanguard also provides additional services, such as: • Electronic Work Order Management System (VtJSS) • Collection of CPS (standard to sub-meter) • In-House test bench for all size meters • Managing a Call Center WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc.. e Yau M`" North Richland dills, TX ' Management Plan Once identified as the successful contractor, Vanguard Utility Service, Inc. will assign a project manager who will be responsible for all aspects of the project. He will be the primary contact with decision-making ability in communication with the City during the duration of the project. He will have available to him any resources needed frorn his regional office as well as all corporate resources in order to ensure a smooth efficient implementation and operation of this project plan. Responsibilities will include: • Co-ordinate with the Product Manufacturer to schedule training • Safety on project and OSHA requirements • Production, scheduling, monitoring, and reporting • Work Scheduling and identification of required training as needed • Quality control of installations and tracking • Electronic Inventory Control • Customer Relations including contact with City's CIS department • Customer Appointment scheduling capabilities via www.vusinc.com • Material Supply/Inventory Control including warehouse and waste management • Manpower Levels to maintain production schedule • Prepare Coordination and follow-up and notification to City's Project Manager • Field personnel will report directly to the Field Project Manager. All field personnel will be responsible for maintaining production schedules in a professional and timely manner as issued by the Project Manager. Execution Plan Once identified as the successful Contractor the overall project is reviewed at the Corporate Center to assure that all facets of the project have been isolated and a management team member is assigned. The normal order of schedule is purchasing reviews the material requirement and issues the required Purchase orders to assure an orderly flow of product is in place at time of project ramp Up. The Data Processing Division contacts the Utility to establish the requirements of the CIS and Billing Departments. This usually results in various customer and account data to be downloaded and tested for compatibility and electronic transfer compatibility. Once the data and electronic connections are assured the customer and account information is downloaded to the project files. Project planning meeting with the City and Manufacturer will then be scheduled to create an overview of the project. The purpose of this meeting is to identify all company, manufacturers' representative and City's personnel and make all introductions to assure every party understands their roles to running a successful project. The preconstruction meeting will also identify specific system integration plans for software installation, hardware installation, training schedules and material management and warehousing plans. A timeline and project ramp up schedule will then be established and approved by all parties involved. The assigned project manager will move to the area and begin working up the operational schedules and meet with the City's personnel to begin the ramp up phase. Usually, the project manager will meet with City and Manufacturer personnel on some predetermined schedule of meetings to assure that all facets of the ramp up process moves smoothly, and all problems are resolved as they are identified. The project manager will arrange for housing of the installation WATER METER INSTALLATION SERVICES 13-024 vanguard Utility Service, Inc„ Forth Richland Hills, TX r technicians and set up the warehouse if needed to receive the product to be installed. Upon arrival of technicians to the ramp up area the project manager will issue specific product training if required and orient the technicians to the area to be installed. If pre-notifications to the City's customers were required, the project manager, working with the Corporate Data Processing Department, authorizes the sending of those notifications only after assuring all parts of the project are in a go position. Vanguard's workorder management system is put into place and work routes are assigned to the technicians. Startup of the actual installation process begins. The project manager then establishes the Quality control portion of the project typically this requires 10% of all installations to be re checked for adherence to manufacturers requirements and the standards established by Vanguard Utility Service, Inc. All QCs are logged, and records are maintained to assure that any problems are corrected and resolved. This process continues until the contract has been fulfilled. The project manager continues working with the training team to assure that all City's affected personnel receive the training they need to respond to the new environment and systems. The in-field data collected (see our hand held system for specifics) is reformatted and on a day by day basis is electronically uploaded into the City's CIS system. Problems associated with a successful merger of the CIS system and the data collection system from the field are identified and assigned to the appropriate personnel either Vanguard Utility Service, Inca the software developer or the Manufacturer of the product for resolution. At the completion of the project a Post-Construction meeting is scheduled with all parties to review the overall success of the project as designed and all parties resolve any remaining problems and sign off of the completed project. ProjectI n i Vanguard has carefully reviewed City of North Richland Mills program goals, objectives, and has assembled a team of experts to plan successfully, prepare, design, and implement the AM1 system We understand the AMI program requirements of the RFP and know that we will be able to leverage our experiences from similar projects around the country to assist City of North Richland Fulls in meeting all the requirements. Vanguard will provide the following implementation functions related to the project: • Program management for project and full responsibility • Co-ordination of all aspects of project ® Contract adherence • QC/QA • All field installation of meters and endpoints ® Inventory control and management • Project communications planning support WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service„ Inc. North Richland Hills, TX angUar '5 Principal Personnel for the City of North Richland Hills u Rick. Hauf, VP of Field Operations — project Sponsor, 5- 0% On site — With 15 years of experience in operations management, business development, supply chain management, process engineering, logistics, strategic planning, budget development, personnel training and management, utility control, performance, and quality standards. With focus on customer satisfaction. Rick will work closely with leadership team representatives to ensure that a successful project is delivered. Byron Weaver, Operations Manager-, project plan Implementation Administration-2 %On- site — Mr. Weaver has 21 years of hands-on technical skills in all areas managed. Functional experience includes field operations management, quality assurance, budgetary tracking, logistical management, and technical installations. Sets company standards for hiring project management, quality, and field employees. Byron has been in the meter installation industry with Vanguard for 18 years and has been involved with large projects for over 21 year and will be overseeing the installation processes and management personnel for this project; he will be onsite until the project is in production and monthly after that. �r, � ��Ia �, ���� Project Manager, T 'I, OC/� On-site -������ The project manager k�, ensures site consistency exceeds expectations while maintain �` � inventory and productivity. Responsibilities also include coordination between the customer, vendors, residents, and the w corporate office to ensure quality installation of the AMI/AMR system. ��a r � Brook Bates, Safety Management & Trainer, 10% On-site — Over 3 years of safety management experience in the utility industry. Certifications include OSHA General Industry Trainer. Broke is our current Safety Trainer. Human Resources, 5% emote--Assists in Recruiting (full-time and temp associates), as well as new hire orientation, performance evaluations, open enrollment, compliance maintenance, safety training, editing and enforcement of policies and procedures, OSHA records, FMLA approvals/tracking, scheduling, managing company functions and authoring company newsletters. Acts as a liaison between the staff in the field,which are located throughout the U.S., and the corporate office located in Owensboro, Kentucky, Shannon Shoulder, Manager Call Center, Data Integrity, QC, 20% emote— Over 5 years of Information Technology experience. She has tj experience with managing over 150 employee's IT staff at a time while implementing new inventory tracking ,,,, o r software. Shannon holds an associate degree in information technology. WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc. Pyr, rf� North Richland Dills, TX Teanri Resumes Byron Weaver Regional Manager- Can-Site 20% Functional experience includes field operations management, quality assurance, budgetary tracking, logistical management, and technical installations. Sets company standards for hiring project management, quality, and field employees, Syron has been in the meter installation industry with Vanguard for 18 years and has been involved with large projects for over 21 year and will be overseeing the installation processes and management personnel for this project; he will be onsite until the project is in production and monthly after that, 21 years of hands-on field experience, and managing operations teams Taylor, MI Bismarck, ND Waterford, MI Mena, AR Durham, NC Colonial Beach, VA Kinston, NC Smyrna, GA Newton, MA Marshall, MN Kingsport, TN Thief River Falls, MN New Braunfels, TX Colorado Springs„ CO Cary, NC Charleston, SC Charlotte, NC Jacksonville, NC Westland, M J experienced in supporting and installing meters and AMI/AMR solutions from; Xylem (Sensus)„ Badger, Neptune, Kamstrup, KIP Solutions, i Flster/Amco, Metron, Itron, Mueller, Aclara and Zenner. University of Kentucky, Lexington, KY Itron and Aclara Certification ` HSA Certification & Training, blood-borne pathogens, radiation safety, biohazardous waste disposal, and confined space Certified train-the-trainer in WOMS WO Management tool and AWWA best meter ractices tNA'rER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc. North Richland Hills, 'TX ' Shannon Shoulder Manager Responsibilities include managing all aspects of the installation data collected and integration with the customer's billing software. Executes processes and procedures to ensure data quality. Works with the customer and project manager to provide customized reporting and data analysis when needed. Aqua, OH Jacksonville Beach, FL Port O'Connor,TX f �r Ceylon, MN Knightstown, IN San Antonio,TX Colton, CA Maroa, IL Shorewood, WI i Gilbert, Mfg McCormick, SC Spaulding, MI Henderson, KY Oak Park Heights, MN Surf City, NC Henrico County, VA Oklahoma City, OK Tuscaloosa,AL Hodgenville, KY Opelousas, LA Valdosta,GA 1 l Experience with meter and AMR/AMI systems such as census, Aclara, Itron, Kamstrup, Badger, Mueller, Zenner, Neptune, and Master Meter. �( September 2018_ Present Vanguard Utility Service, Inc (Owensboro, KY) (� l IT Manager July 2017--February 2019 Wendell Foster(Owensboro, KY) Support Professional October 2016—July 2017 CVS Pharmacy(Owensboro, KY) Technician August 2017 to May 201$ i Owensboro Community&Technical College A.S. in Computer Information Technology- Programming September 201.1 to December 2012 Kaplan University A.S. in Criminal Justice ._...__---------__-------------_------ -----------------_ _.__....__.. WATER METER INS'FALL.ATION SERVICES 23-024 Vanguard Utility Service, Inc. North Richland Hills, TX Meter Installation Warranty Vanguard Utility Service, Inc. warrants all water meter work for a period of one (30) Gays from the date of install against any defects in company supplied materials and faulty workmanship resulting from water meter installations. Any problems related to the installation typically is seen within the first month after installation. This warranty covers replacement of any property or material damaged by Vanguard Utility Service, Inc."s employees during the course of installation. Subcontracting Vanguard will not be using subcontractors on this Project. The work to be performed will be completed entirely with our employees. We require our employees to undergo testing and education programs specific to the electronic solution to be installed. All of our employees hold OSHA 10 and Confined Space Certification and some require a State certification by Weights and Measures. The work to be done requires learned technical skills to install, which we provide each employee. There is no subcontractor's work to be let or done on this contract. Financial Data -. Vanguard Utility Service, Inc. is financially stable for this project and does not have any current or prior bankruptcy proceedings. Vanguard has an open line of credit with PNC Bank, capable of obtaining bonds, and are in good standing with vendors we regularly do business with, such as Core and Main. WATER METER INSTALLATION SERVICES 23-024 Vanguard utility Service, Inc. � t PFw fir,„ nw / „ Vanguard Utility Service, Inc. dba VUS Inc. EQUIPMENT LIST All required small hand toots required to properly install system including: • Drills • Wrenches • Meter reading devices • Handheld data collection devices • Lights • Freezing equipment • All other as required All required small power equipment to install metering systems including: ® Portable pumps • Portable power supplies and generators ® Pipe cutting and welding equipment • Core Drill All heavy equipment required to perform underground construction including: • ackhoes • Wench truck • Dump truck • Flatbed trucks • Forklifts • Plasma cutting machine • Field equipped large meter test and repair trucks • Trailers and dollies • Various miscellaneous motor vehicles NATIONAL SURETY SERVICES, INC. "Prqpssional Ili-oviders Of All Your Contract Commer�ial Sui-ety Needs" September 12, 2023 City of North Richland Hills 4301 City Point Drive North Richland Hills, TX 76180 Re: Peifoi-inance& Payment Bonding Vanguard Utility Services, Inc. Project: Water Meter Installation Services Bid Number 23-024 To Whom It May Concern: It is with great pleasure we provide this letter of bonding capabilities on behalf of Vanguard Utility Services, Inc. Vanguard Utility Service, Inc. can produce 100% Payment& Performance Bond on the project listed above at the approximate contract amount of$1,525,000.00. As per all surety requirements,approval of each bond will be subject to review of the contract, no adverse or material change in the financial condition of the company,and compliance with all stipulated underwriting criteria and conditions from the surety. Please do not hesitate to contact me should you have any questions. Sincerely, A.M. DiGeronimo President ........... ............ ................. 3091 Ho�comb Bridge Road - Rke 1-1-2 - Norcross, GA 30071 1-800-953-6699 & (770) 394-9444 - FAX (770) 394-6888 wwwNcitionalSurety,ann VANGUARD UTLITY SERVICE,INC. FINANCIAL STATEMENTS AND INDEPENDENT AUDITORS' REPORT DECEMBER 31,2021 and 2020 TABLE OVCONTENTS Independent Auditors'Report................... .................... ...... - ............ -.................................. ........................... ....l-2 BalanceSheets...----........... ......................................................................... ........................ ........ .....................3-4 Statements of Income and Retained Earnings,............ ......................... ............................................................................5 Statementsof Cash Flows.............. ........................ ...... ............................................ ......................................................6 Notes no the Financial Statements............................................................................................................... .................7-l4 Supplemental Information Summary oC Earnings from Contracts..... ....................................................---........................................................\6 Schedule of Completed Contracts.....................-- ................ --.................................... ..................................... .l7-l8 Schedule of Contracts iu Progress................. --..................... ...... ......................................... .......--.......... -.......l9 Schedules of General and Administrative Expenses............................................-........................................ ...............20 billIkI.O. a ..qv' INDEPENDENT AUDITORS' REPORT Shareholder Vanguard Utility Service,Inc. Owensboro,Kentucky Opinion. We have audited the accompanying financial statements of Vanguard Utility Service,Inc.,which comprise the balance sheets as of December 31, 2021 and 2020, and the related statenrents of incorne and retained earnings and cash flows for the years then ended,and the related notes to the financial statements. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Vanguard Utility Service,Inc., as of December,31,2021 and 2020, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audits in accordance with auditing standards generally accepted in the United States of America.Our responsibilities under those standards are further described in the Auditors'Responsibilities for the Audits of the Financial Statements section of our report.We are required to be independent of Vanguard.Utility Service, Inc. and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audits.We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation,and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. In preparing the financial statements,management is required to evaluate whether there are conditions or events, considered in the aggregate,that raise substantial doubt about Vanguard Utility Service,Inc.'s ability to continue as a going concern within one year after the date that the financial statements are available to be issued. Auditors' Responsibility for the Audits of the Financial Statements Our objectives are to obtain reasonable assurance about:whether the financial statements as a whole are free from material misstatement,whether due to fraud or error,and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not;a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists.The risk of not detecting a material misstatement resulting from fraud is higher than. for one resulting from error,as fraud may involve collusion,forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements, including omissions, are considered material if'there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statenrents. In performing an audit in accordance with generally accepted auditing standards,we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements,whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining,on a test basis,evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Vanguard Utility Service, Inc.'s internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management,as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Vanguard Utility Service,Inc.'s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding,among other matters,the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Report on Supplementary Information Our audits were conducted for the purpose of forming an opinion on the financial statements as a whole. The supplementary information contained in pages 16-20 are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements.The information has been subjected to the auditing procedures applied in the audits of the financial statements and certain additional procedures,including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America.In our opinion,the information is fairly stated in all material respects in relation to the financial statements as a whole. Certified Public Accountants Pittsburgh,PA April 29,2022 t 4 r Vanguard Utility Service,Inc. Balance Sheets December 31, 2021 2020 Current Assets Cash and Cash Equivalents(Note 1) $ 83,600 $ 3,699 Certificate of Deposit(Notes 1 and 5) 1,006,892 1,002,509 Contracts Receivables(Notes 1 and 3) 1,653,821 1,590,783 Officer,Related Party,and Employee Receivables(Note 6) 599,296 581,803 Contract Assets(Notes 1,2,and 4) 1,427,434 1,127,537 Supplies and Pre-installed Materials(Note 1) 241,961 147,495 Prepaid Expenses 104,996 167,147 Other Current Assets(Note 13) 456,686 67,433 Total Current Assets 5,574,686 4,688,406 Property and Equipment-at cost(Notes 1 and 5) Buildings and Land 1,814,890 2,020,846 Vehicles 1,075,170 942,158 Furniture and Equipment 1,415,410 1,356,775 4,305,470 4,319,779 Less:Accumulated Depreciation (1520,268) (2,487,961) Net Property and Equipment 1.785,202 1,83L818 Other Assets Deposit 37,500 - Deferred Tax Asset(Notes 1 and 8) 601,537 577,831 Total Other Assets 639,037 577,831 TOTAL ASSETS $ 7,998,925 $ 7,098,055 The accompanying notes are an integral part of these financial statements 3 Vanguard Utility Service,Inc. Balance Sheets December 31, 2021 2020 Current Liabilities Long Term Debt-Current Portion(Note 5) $ 1,312,653 $ 1,656,447 Accounts Payable 964,022 657,977 Accrued Payroll and Taxes Payable 139,430 121,900 Customer Deposits(Note 1) 709,824 19,035 Loss on Contracts(Note 1) 59,817 110,927 Other Current Liabilities 51,378 21,651 Contract Liabilities(Notes 1,2,and 4) 462,423 187,306 Total Current Liabilities 3,699,547 2,775,243 Long-Term Liabilities Long Term Debt,Less Current Portion(Note 5) 3,328,480 3,459,319 Total Long-Term Liabilities 3,328,480 3,459,319 TOTAL LIABILITIES 7,028,027 6,234,562 SHAREHOLDER'S EQUITY Common Stock-no Par Value 10,000 Shares Authorized and Outstanding 1,000 1,000 Paid-in Capital 574,084 574,084 Retained Earnings 395,814 288,409 Total Shareholder's Equity 970,898 863,493 TOTAL LIABILITIES AND SHAREHOLDER'S EQUITY $ 7,998,925 $ 7,098,055 The accompanying notes are an integral part of these financial statements 4 AtCC>REP CERTIFICATE OF LIABILITY INSURANCE DATE(MMtDDtY 05J1OJ202323 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rogue Risk, LLC PHONE R an HanleyFAX 24 4th Street (518) 960-6600 AtC No:(518) 300-4608 E-MAIL New York NY 12180 D SS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:biBerk 22276 INSURED (270) 926-4646 INSURERB: James River Insurance Company 12203 Vanguard Utility Service Inc INSURERC:Clear Blue Specialty Insurance 37745 1421 West 9th St. INSURERD: Owensboro KY 42301 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE JN2Z WVD POLICY NUMBER MM!DfYYYY MMIDPOLICY EFF DtYYY1 LTR ' LIMITS C X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TO RENTED CLAIMS-MADE Fx_1 OCCUR Y 05/09/2023 05/09/2024 PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑PRO- JECT ❑LOC PRODUCTS-COMPlOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY CO. BINEDt SINGLE LIMIT $ 11000,000 A X ANY AUTO Y 04/26/2023 04/26/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ B UMBRELLALIAB OCCUR 05/09/2023 05/09/2024 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DIED I X I RETENTION$ 10,000 $ 1,000,000 WORKERS COMPENSATION XSAND EMPLOYERS' STATUTE Y/N ER ANYPROPRIETORtPARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) San Antonio Water System is included as Additional Insured under General Liability and Auto Liability coverage as respects operations of insured to which this insurance applies. Coverage will not extend to any additional insured that is not provided by the insurance policy nor that is any broader coverage than the requirement of the written contract or agreement. Waiver of Subrogation is afforded to certificate holder under General Liability and Auto Liability coverages. 30 Days Notice of Cancellation/Non-Renewal is afforded on General Liability and Auto Liability to San Antonio Water System. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE STHE EXPIRATION AMPLE ACCORDANCE WITHDATE THE POLICY PROVISIONS.E WILL BE DELIVERED IN AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 North Richland Hills, TX � Vanguard Experience in Similar (Projects Vanguard has managed, installed, and maintained AMI solutions and meters with great success using our Vanguard Project Management Methodology and Vanguard Work Order Management System (WOM ) work-order tools delivering advanced metering projects to hundreds of utilities and municipalities. Of our many customers, we can highlight several North American water utility deployments of our AMI/AMR systems: Honeywell 1 t� G � _ l r�E�rr��ar�e' ram s 6� Kisu Elm= ,.:w S. ,� ......._ g w � d" 2u^num,.,gPem cr7cry E Ellw'RIO ..,,. um warauweatv^�a tma Sturgt5 QUA, HSUD, fin✓' +r 0)DENVER WATER Vanguard has performed more than 800 projects over the past 21 years across the United States. Each installation project has ranged from as small as 100 to well over 100,000 water meters. Vanguard strives to ensure all projects are completed efficiently and timely. With our experience, Vanguard has proven our installation services exceed all expectations and more. These projects include: • Lee County FL _. Installation of approximately 87,000 water meters • Durham NC— Replacement of approximately 300 commercial water meters • Durham NC— Replacement of approximately 80,000 residential meters • Charlotte NC-- Installation of 58,000 Endpoints • Tallahassee FL — Installation of approximately 80,000 water meters and retrofit 6,600 registers • Evansville IN — Replacement of approximately 60,000 water meters Vanguard certifies all key personnel have been actively involved in the management, and implementation of projects installing at least 1k meters per year, during the previous 3 consecutive years, of this RFP. Vanguard also confirms we have more than the minimum of 5 years of experience performing meter installations with AMR„ A I, and Cellular type systems. WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc. ff ntn N ,i North Richland Hills, TIC References ONWASA WATERSEWER AUTHORITY 228 Georgetown Road Jacksonville, NC 28540 Contact: Sherry Jones , Operations Coordinator Ph. : 910-937-7550 Email: SJonesC onwasa.com Project Name: AUTOMATED DETER READING PROJECT, Phase I, Phase II and Phase III Contract Term: May 2018-July 2020 System: Mueller and ltron Billing System: Applied Technology Solutions Detail of Work Performed: Project Management and 21,854 Installation service locations, Phase I - F&I 4,950 AMR meters 5/8" -- 1", Phase II F&I 9,660 AMR meters (9,565 - :/" and 95 - 1" AMR meters), Phase III F&I 7,149 (7,092 3/" and 57 1" AMR meters); on thirteen (13) service routes Mueller & Itron League City, T 300 W Walker St League City, Texas 77573 Contact: Lindsey Sinibaldi Utility Billing Manager Ph. #: 281-554-1336 Email: Ligndse .Slnib ldi lea uecit tx. c�v roject arse: Testing and Repair of Sensus Commercial Meters Rebid Contract Term: January 2016- ongoing as of 2019 System: Sensus Billing System: Tyler Munis Detail of Work Performed: Project management and Annual Testing and repairs, meter replacements and Register Retrofits. of 2336 (1.5" and greater) large Sensus Water Meters. Norwich, CT 100 Broadway Norwich, CT 06360 Contact: Elier Alvarado, 860.823.4241 Contact: Jeff Brining Ph. : 860-213-3120/ 860-823-4522 Email Jefl`Brinirlq_Cr n umail.com Project Name: AMI Electric Meter Deployment Contract Term: Phase 14 Months-September- December 2014 Phase 11 10 months August 2018 — May 2019 System: Phase I GE Meter and Tantalus System Phase 11 Badger Water Meter, Itron Electric Meter Detail of Work Performed: Removal and replacement of residential, commercial and industrial revenue meters with approximately 4000 Tantalus radio system equipped Itron and Aclara (formerly General Electric) AMI electric meters; and 8000 Orion radio system equipped Badger AMI water meters. WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc. North Richland Hills, TX Bowling Green Municipal utilities Water-Wastewater Division 801 Center Street Bowling Green, KY 42101 Contact: Daniel Young Ph. : 270-792-7104 Project acne: Proposal — BGMU#2018-04; Small Water Meter Installation Contract Term: Phase 1- 2018, Phase 2 -2019, Phase 3 -2020, Phase 4-2021-2022 System: Badger BillingSystem: Cooper Eaton Detail of Work Performed: Convert small water meter infrastructure from standard meters and RF meters to AI capable meters at small commercial and residential locations; 5,000 each Phase. Installation of 5/8" and 1" meters, communication nodes, and mounting hardware and perform a pit lid change out City of Plantation, FIL 400 NW 73 Avenue Plantation, FL 33317 Contact: Danny Pollio, Interim Director Phone: 954-797-2209 ail: dpollio rPlantation.orc Project Name: Water Meter Register and Transmitter change-out Contract Term: 425 Calendar days plus 4 change orders July 2020- January 2023 System: Badger Billing System- Infor Public Sector v11.1 Detail of Work Performed: Project Management for a Turnkey Project of 28,000 locations. Furnish all materials & Installation services for 1,291 1°'-2" meters, retrofit 20,511 5/8"-2" & 3,800 1""-2" meters, replace 17,000-meter boxes, various work regarding 100 large meters Charleston Water System 1256 SUPPLY STREET Charleston, S.C. 29405 Contact: Jon Dizon Ph. #: 843-308-8231 Email: di onP c oharlestono w.com ProjectName: Automated Meter Installations Contract Term: January 2016- ongoing as of 2019 System: Neptune Detail of Work Performed: Project managernent and Installation of approximately 42,000 Neptune water meters and registers 5/8" to 1" and/or registers within the water service area of Charleston Water System. These installs included both domestic and commercial accounts. Lawrence, IN 9201 Harrison Park Ct Lawrence, 146216 Contact: Cathy Retmier Ph# 317-542-0511 Ext 6493 ail: cretrnier cit)ofl wrence,org Project Name: Request for Quotes to Change 1000 Meters (Labor Only) In Meter Pits Contract Term: 2 Months System: Badger Cellular with Badger Model 25 meter Billing System: New World Systems Detail of Work Performed: Project Management, furnishing all labor for the removal and replacement of 1000 meters 5/8" x3/4" METERS and install transponder in Meter Pits, replace meter pit lids and replace expansion wheels. WATER METER INSTALLATION SERVICES 23-02.4 Vanguard Utility Service, Inc. �4 fy�u Forth Richland Hills, T% Project Communication Our Project Management center's around communication, organizing project meetings during all phases of the projects to ensure that there is proper and frequent communication with City of North Richland Hills staff. The goals and expectations are appropriately communicated and understood by all project team members. During the ramp up-phase, critical issues identified are addressed and adequately communicated to staff. Proper reporting procedures ensure timely and appropriate generation, collection, dissemination, storage, and ultimate disposition of project: information. It provides a critical link among people, ideas, and knowledge necessary for success, and all involved are prepared to deal with and understand these communications effectively. Examples of such critical issues are: • Work scheduling and quality monitoring • Security or escort issues • Disruptions to normal facility operations • Shutdown or interruption of utility services • Housekeeping issues throughout the deployment phase ® Safety issues relating to subcontractors, hazardous materials, traffic, construction areas • Location of equipment, tools, offices, parking for the project team, etc. • Permits, rules and regulations, and other requirements • Deployment milestone reviews Project Schedule Development - All the tasks for the development and implementation phases will be developed thoroughly by the project team in close coordination with the staff of City of North Richland Hills. Cooperation will ensure a co-authored timeline that considers all unique variables and produces a timeframe for implementation that is most beneficial to the City and the project The calendar is approved, presented for City approval, and then used diligently by the field staff to track the project's development. The project schedule is a living document and is continuously updated during the project life. Any changes to the project schedule are communicated immediately to the City staff. Customer and Internal Project Con-imunication Planning AMI programs are highly public and prone to customer scrutiny. By proactively educating customers about the benefits of AMI, sharing case studies and customer testimonials, and communicating with customers both pre- and post-installation, utilities can gain support frorn their customers, community, and local elected officials. Water utilities start seeing savings and operational improvements from AMI almost immediately. Utilities with the highest level of customer engagement with AMI conduct extensive education and outreach to register customers on the portal (e.g., asking to help register customers on every call, incentivizing registration with a one-time bill credit). Customers with portal access will receive nearly real-time usage alerts and review their hourly water consumption„ warnings, and conservation. Vanguard will work with the City of North Richland Hills team on their AMI outreach and customer communication strategy at no additional costs to the Utility. Included in our pricing is marketing and communications planning„ call center services, and optional door hangers and postcards. WATER METER INSTALLATION SERVICES 2.3-024 Vanguard utility Service, Inc;. N. I Ali North Richland Hills, TX Items to consider during an AMI deployment: • Provide information through standard channels like bill inserts and do not solely rely on electronic communications to educate and inform customers about upcoming changes. • Develop an AMI fact sheet and frequently asked questions document; make this available on the website, in payment centers, and in community centers and all utility employees. • Provide information in multiple languages to meet targeted customer needs. • Update phone recordings to explain the purpose and benefits of AMI • Educate local officials and community groups on the upcoming AMI program and benefits to r� the community. • Send customers a pre- AMI letter/mailer 30- . 0 days before their installation, describing the work that will be performed and the benefits of AMI • Develop a policy and process for customers to opt out of AMI, including how this will be identified in the customer information system and what meter reading fees will be assessed in the future. • Post a door hanger notifying customers of successful or unsuccessful AMI installation. • Send a welcome to AMI email (or postcard, if no email is available), linking the customer to the portal registration website. • Note all outbound communications in the customer,information system so this information is available to customer service • representatives if a customer calls with questions in the Vanguard WOMS application. Conclusion Vanguard is a unique and extremely flexible AMI solution service provider that can implement City of North Richland Hills's project by managing the program with a feature rich WOMS system with effective dashboard KPI's and real-time views of the entire project on a daily basis. Possibletreach Campaign Progr ityNorth Richland Hills On-going internal and external communications during a project is key. Below are examples to consider: • Appointment portal (if required) Call center information (if required) • Coordination with billing department in advance for notes to be added to water bill by route mail notification post card. • Plan for special customer requirements WATER METER INSTALLATION SERVICES 23-024 vanguard Utility Service, Inc. S North Richland Hills, TX W/ Proposed Project Team and Timeline Proposed Project Team For City of North Richland ill I Vanguard UIII�, lll� :, n North Raw FlegionaIll Manager i m f Held Staffing & Production Rates Vanguard Installation Crew Field Support Staff �� III I�ICU iiC a w= WIN Project .� w . Average Meter Install Production Rates Over 15 Months WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc, DYy e ~p North Richland Hills, rx ° Proposed SOILItion At the kick-off of every project, Vanguard's first goal is to deliver a quality project on time and within budget. Our proven methodology is based on best practices gained from our experience deploying smart AMI metering projects for over 21 years across the United States in all types of environments, size, and scope. With the knowledge we have gained, we have built-in processes, procedures, and deployment approaches into our methodology program that ensure the successful implementation of your project. Focus on safety, data management/integrity, customer engagement, risk mitigation, reporting, and communication plan that are all critical to any successful project. With that said, we also understand that the program is a partnership between Vanguard and City of North Richland Fulls and that incorporating the City's policies, standards, and guidelines must also be consolidated into the program to achieve your objectives and ultimately your final goals. r 110 ( ' Y1 Project Kick-Off: City of Forth Richland Hills and Vanguard, the "project team", will develop the Project Governance, that will incorporate accurate description of what the project aims to achieve, the criteria and flexibilities involved, and its parameters, scope, range, outputs, sources, participant responsibilities, budgets, schedules, and timescales. Creating detailed terms of reference is critical, as they will define the project's Scope of Work (SOW) that is jointly developed by Vanguard and the City. Detail Phase Planning: This includes planning all aspects of the project; timeline, team, activities, resources, and financials. Where possible, members from the project teams will be asked to work together to identify all issues, order them appropriately, and document relationships and links between each issue. Internal and External Customer Engagement. Involvement and communication from all members of the team are vital for cooperation and support. The team will schedule meetings with all City employees to review the project plan and elicit feedback and buy-in. Tearer Assignments Matrix: The project plan identifies those responsible for each activity. Activities will be clearly described, including all relevant parameters, timescales, costs, and WATER METER INSTALLATION SERVICES 23-024 Vanguard utility Service, Inc. Worth Richland Hills, 'TX deliverables. They are then delegated to appropriate team members. We devote additional attention at the project kickoff to ensure the success of all delegated tasks, making sure they are clearly explained and agreed upon, and ensuring proper support and monitoring while they are in progress. Management: At this stage, the Project Manager will focus on informing, encouraging, and enabling the project team. The Project Manager manages the team and activities in meetings, and communicates, supports, and assists with decisions. PerformanceMonitoring: During the project, it is critical to measure, monitor, and review project progress. One of the most critical responsibilities of the Project Manager is to check the progress of activities against the plan. Reviewing performance regularly at the stipulated review points and confirming the validity and relevance of the remainder of the plan helps ensure that key items are progressing as expected. If necessary, the manager adjusts the plan due to performance, change in circumstances, and new information, always within the original terms of reference. Additional communication about new developments to all vital team members will be made in writing. Risk Management Plarn. An important component of each project and a task our Project Managers are keenly focused on is an effective Risk Management Plan. Our project approach includes a comprehensive risk management plan that begins before the project starts and continues through the project phases. Project Turn-Over. Upon successful completion of the project, the Project Manager will hold a review meeting with the teams to ensure that"vanguard and City of North Richland dills teams understand what occurred during the project and why. This meeting will also be used to reflect on any challenges, successes, and to document to assist future projects. loom t i 0111 /00 WATER ME'TER INSTALLATION SERVICES 25-024 Vanguard utility Service, Inc. North Richland dills, TX Vanguard Work Order Management System (WOMS) Application any Asset Management Tracker Vanguard has managed, installed, and maintained AMI solutions and meters with great success using our Vanguard Project Management Methodology and Vanguard WOMS work-order management tools delivering advanced metering projects to hundreds of utilities and municipalities. WOMS gives your smart AMI programs the best of both worlds, with out-of-the-box, field-proven, AMI deployment features and a platform entirely customizable and configurable to your requirements. WOMS provides five modules that span the full system life cycle, seamlessly integrated to deliver everything your program needs. Efficiency and accuracy are paramount concerns when deploying smart metering systems. Vanguard Utility Software Suite (VUSS), our smart metering field management software, leverages decades of experience to deliver innovative management applications in support of smart metering installations and maintenance activities. 'The WOMS application offers end-to-end visibility and control of metering and AMI initiatives. With powerful collaboration and real-time reporting, WOMS comprehensive software tools safely and efficiently execute smart AMI projects, on-time, and on-budget. • Automatically collect and consolidate project data cross all data modules to create a fully integrated, powerful application for meter deployments. All aspects of the installation process from inventory management and workforce assignments to real-time project tracking and safety management are available for all AMI project teams members. • Manages the AMI deployment end-to-end and across the entire meter lifecycle with our suite of software tools designed specifically for utilities. • Documents the entire AMI deployment workflow to increase productivity and quality processes. Workflows can be customized for a City's needs and eliminate common errors that can occur during AMI deployments. FeaturesKey • Multi-stage, multi-tiered inventory management to quickly reconcile inventory and provide precise stage-tracking of all project assets. WOMS provides a comprehensive, real-time view of all project assets, custody, and locations. • Customer service is significantly improved during the installation project by utilizing the appointment, customer contact and customer claims features. Through Customer Call Center, Customer Service, and field staff communications such as appointment setting, mailers, door hangers, and field-generated contact reports in real-time via the team's mobile devices, will instantly push this data to a central server to accurately track all customer interaction. • Our customer dashboard allows for easy access to all project and customer services representative's data collection and processing system. This allows for an easy drill down by account number, address, or customer name for our all accounts. City clients can run and export standardized reports, at their discretion, for appointments, account status, reading route all by any date range. • WOMS tracks each individual's account data from the City's CIS system with new and old meter and endpoint numbers, readings, size type, manufacture, model.. All new meter/endpoint information is collected with a bar code scanner. WOMS also tracks WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc. rf ,u North Richland Hills, TX � inventory, customer appointments, door hangers, and letters mailed, all with time, date and CPS imbedded in the record. Service information, work performed, as well as a historical recorded of every time the account information was modified and by who. Overall, there are over 140 fields of data that can be captured for each account. Our field handheld device has the built-in capability to take multiple imbedded digital color pictures. Digital color photo records before and after install, date and time stamp, CIS, imbedded CPS location, bar-code scanning of newly installed meters and endpoints. o f/ All completed field data Is sent to a WOMB interface which is processed by our Quality Control Department that provides for a final quality audit prior to a data being sent back to the City. ' : WOMS is designed to help meet r contractual requirements for smart metering installation acceptance. It tracks the project's progress across all M M' routes as installation work orders are *,w. completed and the installations are validated through successful reads of the new meters, from the AMI collection systems. • Work orders can be filtered with user- defined criteria and user defined elements are displayed, including unique City data elements. The data is exported as a .csv file for ad- hoc reporting or for use in external applications. • Work order dispatching activities are optimized by utilizing WOMS's comprehensive dispatch, based on work orders, utilities, routes, map or Project Manager, Support crew dispatch features. Project defined exceptions such as installer permissions ensures work is dispatched to the right person at the right time. • WOMS's management dashboards allow to communicate project information to all project stakeholders, view project status to date and route saturation as well as view quality audit statistics, customer claims and open exceptions requiring closure. • Project progress, installation quality and work force productivity can be effectively managed by using WOMS's project dashboards, standard and custom power filters, standard and custom reporting. WOMS provides users with immediate access to up-to-the-minute data from the field, supervisors can manage crew progress and challenges immediately, which means they can solve problems when they occur. Dashboard and reports provide the ability to measure monthly, weekly, or daily performance, but it also enables users to tap into current field activities and state of operations. With on-demand ability to filter, sort, query and visualize cross-platform data. WOMS helps identify patterns and predicts deployment and maintenance issues that can be eliminated with process improvements and quality controls. WATER METER INSTALLATION SERVICES 23--024 Vanguard Utility Service, Inc. North Richland Hilts, TX Inventory Control and Management WOMS offers a fully integrated inventory monitoring and tracking. The inventory tracker allows users to easily import, track, and manage smart meters, endpoints, and other project materials. The inventory system is comprised of a web-based server for advanced inventory management and data syncing, as well as a native mobile app for scanning and managing inventory on the go. WOMS leverages the inherent value of an asset inventory by managing the assets and their associated attributes (type, condition, installation date, and so forth), and by managing the work done to care for assets. The link between assets and work orders is maintained in such a way that the history of completed work orders against a specific asset is viewable and is easily retrieved. If an asset has not yet been identified in the geodatabase, WOMS can manage work performed by associating it to a valid address, and it can later seamlessly update the history once the asset is reflected in the geodatabase. Inventory Insights The inventory tracker makes smart meter inventory management easy for projects and maintenance. The native app user experience makes it simple for workers to instantly scan pallets or meters and endpoints, in the warehouse or in the field. The application is fully integrated, meaning inventory data can be seamlessly imported into manufacturing and shipping systems for inventory management from vendor systems. Custom Inventory r I The inventory tracker provides a configurable workflow system that can be tailored to an organization's logistics and procedural requirements, tracking each asset from manufacture to receipt, loading, internal transfers, assignment, installation, disposition, return to stock, RMA and more. Every asset's CPS location is captured throughout the lifecycle and each inventory record includes a full revision history of users, date, and time stamps. The result is a clear and transparent picture of inventory flows enabling organizations to avoid delays, minimize disruption, and prioritize resources efficiently. • Configurable inventory and logistics workflows including receiving, loading, transferring, assigning, disposing, returning to stock, RIVIA and more • Provides a full, chain of custody management solution of all critical assets • Integrate with manufacturer and shipping systems • Scan pallets, boxed or individual endpoint and meters for real-time tracking and data verification Right Location at The Right 'rime Smart device tracking could not be easier. At each inventory step, a quick barcode or QR code scan makes boxes or individual nodes available for the next step in the workflow. The powerful conditional logic that is built into the workflows prevents errors and enforces procedures, with record validation of the node as it is processed in real time. During the inventory management process, the app provides several data verification features including data validation, location verification, duplicate record detection, and more. These features reduce errors while inventory flows through the system. To assist in transparency and accountability, record revision history ensures that every change that is made to a record is tracked to a user and timest:amp. WATER METER INSTALLATION SERVICES 2.3-024 Vanguard utility Service, Inc. North Richland Hills, TX Benefits Because the app allows supervisors to view the location of devices and workers in real-time, they can optimize operations and even assign tasks based on proximity. • Streamline operations with a single pane view of inventory supply and demand levels • Identify supply chain issues before they impact operations • View location of meters/endpoints&workers in real-time, assign tasks based on proximity ® Full record revision history tracks every change with user, date, and time stamps Quality Control and Assurance Vanguard's 21-year track record deploying, operating, and maintaining varied water projects attests to the integrity of our Quality Control and Quality Assurance Program (QCQAP). The purpose of QCQAP is three-fold; 1. Assure that the project meets all the customer-specific requirements defined in the Statement of Work and other contract documents. 2. Assure that we comply with all federal, state, interstate, local, and facility-specific laws, codes, and regulations for the design, construction, and operation and maintenance of the proposed system. This project will also be coordinated for compliance with the City requirements. 3. Ensure that the project reliably delivers the projected output in a consistently safe and reliable manner and accordance with all environmental and other permitting requirements Through Vanguard's extensive experience delivering complex projects to Municipal & Public sectors, we have become well-versed in adapting our QCQAP program to A I projects. We have also developed systems to assure that our subcontractors and suppliers comply with these requirements through proper training and education, and flow-down provisions in our subcontracts. QualitytrProcedures Vanguard's Quality Control procedure works on three different levels after the installation has been performed prior to being integrated with the City's database. Our electronic work order system collects data regarding all types of installation complaints and responses. There are a host of reports that can be generated for the City to track improper installations, leaks etc,. Further, our VUS electronic work order system collects in real time all installation information including out readings, digital pictures, and UPC scan of serial numbers. That information is transmitted for audit to corporate headquarters and then is made available to the City by the next day. All Complaints are responded to within 1 hour. Improper installation will be corrected at the time of discovery. Leaks will be responded to within 30 minutes and be on site within 2-4 hours from call. Any issues that may arise will be reported to the City. Vanguard has a process that performs three verifications of 100% of all meter installations within 48 hours of the install. Included is removed meter out read is accurate, meter installed correctly, meter number is correct, clean work area, and meter is functioning. Vanguard audits 100% of all data internally at the corporate office. Vanguard validates all data WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc. North Richland Hills, TX ffT prior to the transmission of data to the City. Vanguard will use our standard operating procedure as we have on hundreds of projects across the country. In short, it is a duel electronic and paper system that has a second verification on every step of the process from the preconstruction to post installation procedures. We obtain a list of the serial number ranges on the new meters to be replaced as well as the endpoints. Once the installation route schedule has been identified, individual routes will be scheduled and assigned for installation. Each route will be divided into daily work per installer and will be assigned to the individual installer's handheld. A paper daily work log will be printed for secondary tracking with the specific accounts and information listed. Vanguards fulltime onsite project manager or field supervisor will distribute the work, meters, and materials at the beginning of each day. Inventory will be scanned out by each technician. The installers will begin the installation process in order of their assigned work. The first step, in the installation procedure, is to ensure that the meter serial number and address corresponds with the information that was provided by the City's billing system prior to any work being started. Once that is verified, the installation procedures begin. During the installation process, account information is verified, and the new meter information is scanned into the electronic work order system for the bar code on the meter and endpoint. The installation tag is removed and attached to the paperwork log for that account. The old meter reading is entered into the electronic work order system, written down on the installation log, and a digital picture is taken of the registers reading upon removal. All the data for that account is sent in real time to our server that identifies every step of the process with a time and date stamp for that account. At the end of the day, the project manager verifies each installer's installation log sheet with the handheld and the old meter registers reading.The information is sent to our corporate office where the data is reviewed by one of our project coordinators to ensure the log sheet, electronic information and photo of the old meter reading correspond on ever account. Data is automatically compared to the original meter numbers that were issued for the project and locked out to ensure that there is no duplication. Provided old meter readings are compared to make sure they are in line with what was provided. The following day, the field supervisor goes out and Field QC's the installations in a second WOMS project. They compare address and meter number,take pictures of the setting meters numbers and the conditions as found. They inspect the work site to ensure that everything meets standards. If issues are discovered, the supervisor may correct the deficiencies or call the installer to return while he is there and correct. Deficiencies are tracked and can be reported weekly or monthly as desired. Errors discovered in the office are sent to the project manager and they investigate that day. Data is then reviewed by our IT department and then sent to the City billing system to be updated. Vanguard has a secondary verification in every step of the installation process to ensure that the City's data is accurate and correct prior to integration into the CIS system. Our Project Support Team will access the installation data within three days of the installation and verify the account is transmitting and all meter and endpoint numbers correspond. This insures that the accounts are up and functional in the Billing system and that the integration process was successful. WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service,Inc. North Richland Mills, TX � Standard Operating Proceduresfor Outdoor Meters Installations Similar t -t e City of Northal illy Project Step 1- Confirm Service Location • Using work order data, confirm service address. 'verify the pit located is for the service address the work order refers to. • Notify the customer that their water will be shut off for meter replacement and restored after the meter replacement has been completed. • Please ask the customer not to open any water valves or flush any toilets until their water has been restored. Step 2- Inspect Meter Pit • Determine area is safe to work in. • Knock on the door and inform homeowner of your arrival/ about the replacement. Let them know water will be off for a few minutes. • Select the address in the handheld and click Install, Exchange • Take picture of meter and meter setting • Record old meter usage reading in handheld data collector. • Record old meter, register or transmitter serial number. • Does the pit have the correct pit lid in place to mount transmitter? If yes, proceed with installation. If no, note in handheld data collector. If the pit requires a lid, stop installation„ and note in handheld data collector; note type of lid required. • If flooded pump out water to a level below meter. • If buried remove soil to a depth at least 2 inches below meter base and couplings. • Inspect valve. Does valve appear faulty? — If yes, record in handheld data collector and stop installation. If applicable call appropriate City contact to gain approval for work. • Is valve operational"? If no, record in handheld data collector and stop installation. • If meter is inaccessible, unsafe, leaking or otherwise not able to be installed record category of reason (inaccessible, unsafe, bad plumbing) along with description in note section. • If valve breaks during install or does not turn back on, record in handheld data collector and notify Supervisor. Ste - Install New Meter or Meter Retrofit • Look to see if water is flowing, wait until water stops. If water does not stop, verify valve is closed and customer is not using water. • Loosen meter couplings and remove old meter. • Install new meter using contractor supplied connector sets, nuts, studs, and rubber gaskets. • Turn on water. Flush line using outside spigot If available. o NOTE: If water flow does not stop or slow down and the customer is not home, shut water off and leave WATER CUFF notice. Inform Supervisor that water was left off and give property address. Supervisor will inform City. • Mount transmitter through hole in pit lid or under lid with proper mounting hardware. • Program and test transmitter(if applicable). • Secure pit lid and cleanup around meter pit. • Visually inspect installation. • Confirm water is on WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc.. tY North Richland Hills, TX • Look for leaks • Verify flow direction is correct • Verify meter is plumb • Verify register is secure w/tamper proof torx • Seal the meter with seal wire & seal (if applicable) Step 4— Data Collection - Old Meter • Verify serial number matches the one in City database. If not, note in data collector. • Write Contractor's work order ID on meter tag and attach to meter or register. • Collect old meter, old register, and old transmitter for storage. Step 5 — Data Collection - New Meter • Enter new meter size and type into data collector using checkboxes. • Enter new meter(register)and transmitter IlDs into data collector using barcode scanning. • Collect GPS coordinate using handheld data collector and save readings. • Note pit condition using check boxes. • Use pull down menu or check boxes with custom description. • Type in description of any unusual issue associated with the installation. • Perform QC check by answering questions in data collector and visually inspecting installation. • Place end caps on old meter. Step 6— Post Installation • Use wand, IR port, or RF to turn on transmitter prior to leaving. (if applicable) • Notify customer that the water service has been restored. • Leave door hanger or business card with Contact information, installer name, time of install and service performed, • Upon old meter return to Contractor warehouse a picture must be taken of all meter register serial number and final read. Picture(s)must then be associated with the specific installation record. • Sync handheld data collector with work order system nightly. • Correct data errors daily. • Submit scrubbed install data on weekly basis to City • Take picture of old meter and / or register and include serial number and final read. Associate the picture with the respective account. Emergency Procedures • In the event of a plumbing problem resulting in a leak(major), attempt to stop the leak by use of a B-box, freeze it, or other means to minimize damage. • If unable to stop leak or contain drainage, contact the Field Supervisor • If damage occurs, notify Field Supervisor, and document all issues regarding the incident (photographs should be taken). • If complaint or claim for damages occurs, City will be notified, Notes • The installer performs the initial quality check prior to any work being performed for all installations. • All installations are checked again after the completion of all work. WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service,Inc. c� North Richland Hills, TX PROPOSAL IT STATE OF Kentucky _.w.__. COUNTY OF Daviess Lauren Hoover__, being duly sworn, deposes and says that she is (Name of Secretary) Secretary of__Vanguard Utility Service,Inca , a corporation organized and existing (Name of Corporation) under and by virtue of the laws of the State of Kentucky_ , and having its principal office at: (address) 1421 W. 9` Street Owensboro KY 42301 Affiant further says that it is familiar with the records, minutes„ books, and bylaws of Vanguard Utility Service, Inc. (Name of Corporation) Affiant further says that Robert A. Hates President/Owner (Name of Officer) (Title) of the corporation is duly authorized to sign the Proposal for 0 1kP EA WATER METER INSTALLATIONSERVICES _ 23-024 M � " Raurep p n overp Affiant Sworn to before me and subscribed in my presence this twelfth day of September, 2023. w Kentucky Notary Public #50190 Icy Commission Expires: ALfCIA t.."W CP Notary Public-State A Urge NTUCKY-Notary III N 5019 Commission 1HYpires 05-03 2026 Daviess Ken Date County State WATER METER INSTALLATION SERVICES 23-024 Vanguard Utility Service, Inc:. WEALTH, SAFETY, & ENVIRONMENT MANAGEMENT PLAN INTRODUCTION The Health Safety and Environment Management Plan is an integral part of all work and site specific procedures for all Vanguard Utility Service, Inc. operations. Vanguard is committed to developing safety systems which ensure the highest standard of health and safety for all employees. We aim to continually improve the systems of work and strive for best practice in the area of health, safety, and the environment. Vanguard aims to control risk through the implementation of an effective Health and Safety Management Plan and Program. The objective of this document is to establish a plan for implementing the company safe operations management program. The plan is intended to minimize losses, meet regulatory compliance requirements and implement site safety and environment regulations. RESPONSIBILITIES,AUTHORITY and RESOURCES, In addition to the responsibilities listed below, all Vanguard employees are bound by the Vanguard Rules of Conduct. (See Attachment 1) Mein ragerineiint and Resouiii,ces The Project Manager is responsible for the implementation of the Vanguard Health, Safety, and Environment Plan requirements and shall maintain and monitor programs aimed at continuous improvement. Appropriate health, safety and environmental support and resources shall be available to assist Project Managers to discharge their responsibilities. I' ro ject Mar°rager Responsibilities Each Project Manager is accountable for implementation of Vanguard's Health and Safety Policy. Specific responsibilities are: • Develop a training program to ensure all team members are trained in safe work procedures • Ensure regular hazard inspections are carried out within areas under their control • Verify that all team members implement the designated site safe work methods and systems • Identify cause of any non-compliance, then investigate and document actions to correct safe work method deficiencies or rectify inappropriate workplace behaviors, including consultation, counseling, training and/or disciplinary action • Ensure that all accidents and injuries are reported and investigated • Ensure approved protective equipment is issued and proper instruction given as to its use, maintenance , and storage III Ilfww ur,rr ii r I ogees Employees have a duty to cooperate in the achievement of a safe and accident free workplace, through: • Cooperating in fulfillment of the obligations placed on Vanguard Utility Service, Inc. • Working with care for their own safety and that of others who may be affected by their actions • Reporting conditions that appear to be unsafe • Wear and maintain any issued personal protective equipment (PPE) when necessary • Assisting in the investigation of any accidents with the objective to prevent recurrence RULES of CONDUCT Up taccept6ble IlB6havioirs aind Atfitii,ldes Vanguard recognizes that there may be situations where an employee will display unacceptable behavior and attitude. Examples of unacceptable behavior and attitude include, but are not limited to the following: • Blatantly failing to report any observed unsafe work procedure or hazard • Falling to report an incident • Not following safe work procedures ® Not wearing appropriate personal protective equipment • Disregard for the safety of others • Bullying, harassment, and sexual harassment These behaviors are governed by Vanguard Corporate policy and the Rules of Conduct. Breach of any of these policies will result in disciplinary action, up to and including dismissal. (See Attachment 1) COMMUNICATION and CONSULTATION Systems shall be maintained to ensure that relevant information is available to employees, customers, clients, and the public concerning the effects of the Company's activities and materials on the safety and health of people and impact on the environment. Communication and managernent systems shall be developed, implemented, and maintained throughout each site to facilitate continuous improvement in performance. There shall be active consultation and communication with employees and clients in the improvement of health, safety, and environmental work practices. VANGUARD STAFF TRAINING Training needs shall be identified and training delivered to ensure that the Project Managers have the appropriate health, safety, and environmental management skills. Employees shall be instructed in safe systems of work to ensure they work with proper regard for the safety, health, and protection of themselves, others, and the environment. VallgUaiird TrMiniiiig The table below outlines the standard Vanguard training required for Vanguard Project Managers, Supervisors, and Installers. The Project Manager is responsible for identifying the training requirements of their team members and ensuring the required training is undertaken. Required `foj°)ics • Safety awareness / Orientation • Near miss reporting ® Hazard communications • Tool safety • Electrical safety and general awareness • Fall protection • Line Breaking • Lock-out/Tag-out • Personal protective equipment • Manual material handling / Back safety • Fire extinguisher usage • Canine safety awareness • Insect, rodent, and reptile safety awareness • Office ergonomics awareness • Respiratory protection ® Incident investigation • First aid / CPR • Blood borne pathogens • Hearing conservation • Environmental safety • Safe operations management training ACCIDENTS INCIDENTS and NEAR MISSES Repoirting icidents All accidents or incidents, including minor incidents and near misses, shall be reported to the Project Manager who will report and document the event to the Vanguard Horne Office. Major incidents must, also, be immediately reported to the state /federal workplace safety or environmental protection agencies in accordance with local regulations. This includes: • Hospitalization of three or more employees from the same incident • Fatalities • Release of dangerous goods or hazardous substances to the environment Incideii"it Investigation The Project Manager is responsible for conducting incident investigations in accordance with Vanguard injury and incident investigation requirements in consultation with a client leader and the employee(s) involved, The Project Manager will be responsible for ensuring implementation of appropriate immediate and long-term corrective actions to prevent re-occurrence. liazaird Reporting It is the responsibility of all employees to immediately report any unsafe act or condition to their supervisor and/or safety representative. Hazards may be identified as a result of(but not limited to) any of the following occurrences: • Employee's observations • Client's observations • Health, safety, hygiene and environmental inspections • Internal safety and environmental audits • Safety meetings • Incident/Accident analysis ® Hazard and risk assessment process Vanguard actively encourages all employees to report hazards and near misses. The strength of our Health and Safety Management Plan relies on the ability of Vanguard's employees to report hazards and near misses. At each site, all hazards that are identified by Vanguard employees shall be communicated immediately to the respective supervisor. In the event that the hazard is considered significant, it must be reported immediately to the appropriate Client representative, List of possible hazards: • Heat stress / Exhaustion • Trips and falls • Animal and insect hazards ® Customer hazards • Improper use of PPE • Electrocution hazard • Improper use of power tools ® Improper use of hand tools • Vehicle condition • Vehicle misuse • Broken glass or sharp objects • Improper body positioning and repetitive motion SITE SPECIFIC SAFE WORK PROCEDURES Safe i Ilia IPirocedures List • Personal protective equipment • Animals and insects • Cold weather • Accessing residential and commercial properties • Customer relations • Trips and falls • Confined spaces ® Vehicle safety • Proper tools • Proper installations • Loading / unloading materials, tools, and equipment • Working in public parking lots • Working near roadways and highways ATTACHMENT 1 �MULES OF CONDUCT Vanguard Utility Service, Inc. (Vanguard) expects the highest standards of behavior from all employees. Set forth below are certain work rules. All employees, managerial and non- managerial Must comply with these rules at all times. Failure to comply with any of the following rules may subject the employee to disciplinary action up to and including discharge. These rules are not intended to cover all conduct or work performance situations which may be just cause for disciplinary action or immediate dismissal. Their enumeration here is by way of illustration and does not exclude or restrict Vanguard's right to discipline or discharge and employee. All employees are charged with knowing and adhering to these rules. AN EMPLOYEE MAY NOT: 1. Engage in any type of conduct which is insubordinate to executives or supervisors, including but not limited to the refusal or failure to do assigned work, the refusal or failure to follow instruction, or engaging in conduct which reflects insubordinate or disrespectful behavior toward management. Z Falsify, misstate, or omit, any information on any record or document relating to employment with Vanguard or Vanguard's business activities, including, but not limited to time records. 1 Destroy, misuse, damage, sabotage, or deface Vanguard property or the property of a Vanguard supplier, customer, client, visitor or other employee. 4. Be absent or tardy for work. 5. Possess, store, buy, sell, or use weapons or explosives on Vanguard or Client property or while in the performance of Vanguard business. 6. Engage in theft, misappropriation, or unauthorized use, removal or possession of Vanguard property or the property of any visitor, customer, client, supplier or employee. 7. Fight on Vanguard property or while in the performance of Vanguard business, while an employee is staying in temporary lodging at Vanguard expense or is otherwise traveling on Vanguard business, such employee shall comply with these rules of conduct on a 24- hour basis. & Use abusive, foul, offensive, threatening, or other disparaging language toward or about Vanguard executives, supervisors, employees, visitor, suppliers, clients or customers or engage in any conduct which is threatening, intimidating, or coercing toward Vanguard executives, supervisors, employees, visitors, suppliers, clients, or customers. 9. Engage, cause, encourage, or, support any conduct which is designed, intended, or has the actual or potential effect of curtailing, interfering, with, or interrupting Vanguard's business operations. 10. Engage in unauthorized operation of machines, tools, or equipment of Vanguard or of any Vanguard employee, visitor, supplier, client, or customer. 11. Engage in any conduct, which discriminates against any employee, visitor, customer, client, or supplier on the basis of race, age, creed, color ancestry, religion, nation, origin, sex or disability. 12. Refuse to submit to a search by Vanguard or Vanguard's designated representative or agent, while on Vanguard's premises or while in the performance of Vanguard business, of their person, lunch boxes, briefcases, purses. packages. personal belongings, vehicles, or any other receptacle they may use, or to which the employee may have access when requested to submit to such a search by Vanguard executive or supervisor or Vanguard's designated representative or agent. 13. Refuse to submit to a physical examination by a physician of Vanguard's choosing when requested by a Vanguard executive or supervisor or Vanguards designated representative or agent. 14. Refuse to submit to a drug and/or alcohol screen when requested by a Vanguard executive, supervisor or designated representative or agent. 15. Possess, store, consume, purchase, transfer, or sell alcohol, or attempt to engage in such conduct, while on Vanguard's premises (including, but not limited to, Vanguard's owned, leased, or designated parking lots or areas), whether such a activity occurs in a privately owned vehicle or in a Vanguard owned or leased vehicle, or while performing Vanguard business, including, but not limited to, business performed off Vanguard premised. The foregoing does not prohibit consumption of alcohol beverages during non-working hours when and where lawful, while an employee is "on the road" and subject to these rules of conduct on a 24-hour basis. See Rule #7. 16. Report for work or perform Vanguard business with the presence of alcohol in the employee's system. 17. Possess, store, consume, purchase, transfer, or sell illegal drugs (including legal drugs which are not obtained or used in a lawful manner) or attempt to engage in such conduct while on Vanguard premises (including, but not limited to, Vanguard owned, leased, or designated parking lots or areas)whether such activity occurs in a privately owned vehicle or in a Vanguard owned or leased vehicle, or while performing Vanguard business, including, but not limited to, business performed off Vanguard premises. 18. Report for work or perform Vanguard business with the presence of illegal drugs (including legal drugs, which are not obtained or used in a lawful manner) in the employee's system. 19. Engage in an activity or accept any outside employment, which may be in conflict with Vanguard's business or potential business interest. 20. Post or distribute any kind of literature on Vanguard or Client premises, other than through the established employee bulletin board and specific procedures established for such postings. 21. Remove or deface any postings on employee bulletin boards. 22. Smoke on Vanguard or Client premises other than at the designated smoking areas. 23. Refuse to work overtime when requested by a Vanguard executive or supervisor. 24. Work over time without prior authorization form a Vanguard executive or supervisor. 25. Fail to work overtime once assigned and scheduled. 26. Fail to work on a holiday once assigned and scheduled. 27. Misrepresent an illness or disability for the purpose of obtaining a leave of absence. 28. Fail to comply with Vanguard safety rules and procedures, policies, and practices; fail to use safety devices or personal protective equipment as required; or engage in any conduct which creates an unsafe condition. 29. Engage in any solicitation on Vanguard or Client premises during work time or in work areas. 30. Fail to comply with published or communicated federal, state, local, and Vanguard environmental compliance rules, regulations, and guidelines. 31. Inefficiently or incompletely perform assigned work or fail to meet established quality standards. 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. 2023-1083987 VANGUARD UTILITY SERVICE, INC. DBA VUS Inc. owensboro, KY United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/16/2023 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. 23-024 Installation of water meters sizes 3/4"to 2" Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is , and my date of birth is 1421 W 9t h Stireet Owensboro Ky 42301 USA My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. t�rlit, rh��dk act. 23 Executed in L.. County, State of ,on the day of 120 (month) (year) .... Signature o authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.cb183824 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Consider Ordinance No. 3825 Amending the North Richland Hills Code of Ordinances Chapter 14, Animals, to modify Article XIII, Section 14-442, add Article XVI for the Keeping of Backyard Chickens on residential properties within the City of North Richland Hills, and amending Chapter 34, Article II, Section 34-33 to declare specific nuisances. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY: Over the last few months, a number of North Richland Hills residents have come before City Council making requests and providing suggestions on amending the City Codes to allow the keeping and raising of chickens on residential properties. City staff has met with the Backyard Chickens of NRH group and individuals who are in favor of amending the ordinance as well as those who are against changing the current ordinance that allows one agricultural animal per acre on properties zoned AG or R-1-S. City staff has drafted a proposed ordinance for City Council review and consideration to amend the current City Code which will allow for the keeping of Backyard Chickens on residential properties in the City of North Richland Hills. GENERAL DESCRIPTION: The items below generally describe the amendment to Section 14-442 as well as the newly established Article XVI of Chapter 14, Animals in the City of North Richland Hills Code of Ordinances: • Clarifies the proper lot size for the keeping of Livestock as well as the number of Backyard Chickens allowed per acre of land. • Creates definitions in this Article for Backyard Chicken, Chicken Coop, Exercise Area, Nesting Box and Rooster. • Establishes permit requirements, and an application and inspection process for properties which will keep and raise Backyard Chickens. IrLp NOKTH KICHLAN HILLS • Establishes that a Chicken Coop and attached Exercise Area are required for the keeping and raising of Backyard Chickens to include the size and placement of such. • Establishes the sanitary conditions required for the keeping and raising of Backyard Chickens. • Establishes the allowed number of Backyard Chickens and distance from neighboring occupied structures. • Establishes a review timeframe of four (4) years to re-evaluate the ordinance. RECOMMENDATION: Approve Ordinance No. 3825. ORDINANCE NO. 3825 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 14, ANIMALS, TO MODIFY ARTICLE XIII, SECTION 14-442, ADD ARTICLE XVI, BACKYARD CHICKENS, TO PROVIDE FOR THE KEEPING OF BACKYARD CHICKENS ON RESIDENTIAL PROPERTIES WITHIN THE CITY OF NORTH RICHLAND HILLS, AND AMENDING CHAPTER 34, ARTICLE II, SECTION 34-33 TO DECLARE SPECIFIC NUISANCES; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, A number of residents of the City of North Richland Hills have come before the City Council and have requested that the City Code be amended to allow the keeping and raising of chickens; and WHEREAS, The City Council previously adopted an ordinance allowing agricultural animals, including chickens, to be kept on properties zoned AG or R-1-S; and WHEREAS, The City Council now desires to adopt an ordinance establishing standards for the keeping of backyard chickens on single family residential properties; establishing regulations regarding the number of backyard chickens that may be kept on the property; creating a permitting process for the housing and keeping of backyard chickens; and declaring specific conditions to be public nuisances; and WHEREAS, In order to exercise the police powers of the City for the preservation and protection of the public health, safety and welfare, the City Council finds it necessary to adopt an Ordinance amending Chapters 14 and 34 of the Code of Ordinances to provide for the safe and orderly keeping of backyard chickens within the city limits of North Richland Hills. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Ordinance No.3825 Page 1 of 10 SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: Chapter 14, Article XIII, Sec. 14-442 of the Code of Ordinances of the City of North Richland Hills is hereby amended as follows: Sec. 14-442. Number of agricultural animals in AG and R-1-S. The housing, breeding, training, harboring, or keeping of livestock animals such as horses, cows, cattle, sheep, goats, or fowl, except backyard chickens pursuant to article XVI of this chapter, shall be restricted to properties of one (1) full acre or more. The number of animals shall be limited to one (1) animal for the first acre and one (1) additional animal for every full acre thereafter. SECTION3: Chapter 14, Article I, Section 14-2, Definitions shall be amended to add the following: Backyard chicken means a female chicken or chicken hen. Chicken coop means a completely enclosed, covered, predator-resistant chicken house that is designed to prevent backyard chickens from escaping, can be easily accessed, cleaned, and maintained, and meets all other applicable requirements of this chapter. Exercise area means an enclosure attached to a chicken coop that provides exercise for backyard chickens. Such enclosure shall be constructed to prevent the backyard chickens from escaping and offer protection from predators. Nesting box means a clean, dry, enclosed area in a chicken coop designed to facilitate egg laying that is large enough to allow each backyard chicken being kept to sit, stand up, and turn around easily, with sufficient bedding material or nest pads to reduce egg breakage during laying. Rooster means a male chicken. SECTION 4: Chapter 14 of the Code of Ordinances of the City of North Richland Hills is hereby amended to add Article XVI, Backyard Chickens, and read as follows: ARTICLE XVI. — BACKYARD CHICKENS Sec. 14-600. — Generally. (a) Subject to Section 14-604 of this article, the owner or occupant of an individual property that is zoned single-family residential with a permanent dwelling unit Ordinance No.3825 Page 2 of 10 (the "property") may keep backyard chickens in the rear yard of the primary dwelling unit subject to the requirements set forth in this article and all other applicable provisions of this chapter. (b) The keeping of roosters or fowl, other than backyard chickens, under this article is prohibited. (c) It shall be the responsibility of the person keeping backyard chickens as defined in section 14-2 to protect the backyard chickens from predators and to keep the backyard chickens enclosed in the rear yard of their own residence. (d) The Director of Neighborhood Services, or his or her designee, shall be authorized to enforce this Ordinance. Sec. 14-601. — Permit required. (a) Application. A person desiring to keep backyard chickens pursuant to this article must first apply for a backyard chicken permit from the Neighborhood Services Department. The applicant shall- (1) Submit a completed permit application on a form provided by the Neighborhood Services Department; (2) Provide floorplans and side elevations for the proposed chicken coop or if a commercially available chicken coop is acquired, provide the manufacturer, model, and size of the chicken coop; (3) Provide a site drawing showing the proposed location for the chicken coop and attached exercise area that includes all property lines, building lines, setbacks, other structures located on the property, and distances to all adjacent structures on the property; (4) If the applicant is a person other than the owner of the property on which the backyard chickens will be kept, provide written, notarized authorization from the property owner allowing backyard chickens to be kept on the property; and (5) Provide proof of completion of an educational course on chicken care and sanitation. (b) Inspection required. Prior to the issuance of a backyard chicken permit, an on- site inspection of the property shall be conducted by the City to determine compliance with the requirements of this article. The property owner, or an adult occupant of the property shall be present during the inspection. Ordinance No.3825 Page 3 of 10 (c) Any person in possession or in control of backyard chickens at the time of passage of this article shall have sixty (60) days from passage to obtain a permit required by this article. From and after said sixty (60) day period, any person who fails to obtain a permit shall be in violation of this article. (1) Any person in possession or control of backyard chickens in excess of the allowed number under Section 14-604 of this article at the time of the passage of this Ordinance shall obtain a permit, but shall be allowed to continue to house or harbor said number of backyard chickens until such time as the backyard chickens naturally reduce in number due to attrition. Once attrition occurs, any person keeping in excess of the allowed number of backyard chickens under Section 14-604 shall be in violation of this article. (d) A permit issued under this section shall be valid for one (1) year, and may be renewed for each additional year thereafter upon re-inspection and compliance with this article, as long as such article is in effect. (e) Failure to comply with the permit requirements shall constitute a violation of this article and each day of noncompliance shall constitute a separate offense. An offense may be grounds for revocation of the backyard chicken permit by the Neighborhood Services Department. Sec. 14-602. — Chicken coop and attached exercise area. (a) Backyard chickens shall be kept within a chicken coop and attached exercise area that is constructed and maintained in compliance with all requirements of this article. (b) The chicken coop and attached exercise area shall be located at least three feet (3') from the property line or any other structures on the property. (c) A chicken coop and attached exercise area that sits on a lot less than one quarter acre (10,890 square feet) shall be located behind a fence that is at least six (6) feet in height. (d) Backyard chickens shall be kept within the chicken coop and attached exercise area except: (1) When being removed to be transported or returned from a location off the property; or (2) During daylight hours when the backyard chicken is under direct supervision of an adult and is roaming in the rear yard of the person holding a permit for backyard chickens. Ordinance No.3825 Page 4 of 10 (e) The chicken coop shall have a minimum of ten (10) inches of roosting space for each backyard chicken kept; (f) There shall be at least one (1) nesting box for every four (4) backyard chickens kept; (g) Any chicken coop and attached exercise area that houses backyard chickens shall be designed to keep the backyard chickens fully contained within the chicken coop or exercise area. Sec. 14-603. — Sanitary conditions required. (a) The owner or occupant keeping or harboring any backyard chickens shall keep and maintain all yards, chicken coops or other enclosures in which such animals are confined in such a manner so as not to endanger the public health, safety or welfare, or become a public nuisance in violation of Chapter 34, Section 34-33 of this Code. (b) All owners keeping or harboring backyard chickens shall comply with the following sanitary regulations- (1) Manure and droppings shall be removed from yards, coops and other enclosures at least daily and handled or disposed of in such a manner as to keep the premises free of any nuisance; (2) Storage of droppings or manure between such removals shall only be permitted in permanent containers as defined in Section 66-1 of this Code, and limited to areas that are not adjacent to neighboring properties. Such container shall be sufficient to protect against the breeding of flies or rodents, to prevent their migration into drainage easements, and to prevent the migration of fly larvae (maggots) into the surrounding soil; (3) The feeding of vegetables, meat scraps, or garbage shall be done only in impervious containers or on an impervious platform; (4) Watering troughs or tanks shall be provided by the owner or occupant of the property and shall be equipped with adequate facilities for draining the overflow so as to prevent the breeding of flies, mosquitoes, or other insects; and (5) No putrescible material shall be allowed to accumulate on the property, and all such material used to feed backyard chickens which is unconsumed shall be removed and disposed of in compliance with Ordinance No.3825 Page 5 of 10 Chapter 66, Article I of this Code. (c) A violation of the provisions of this Section 14-603 is hereby declared to be a public nuisance, in addition to a violation punishable by citation, and may be abated in any manner authorized by law, in addition to or in lieu of prosecution in municipal court. Sec. 14-604. — Keeping of backyard chickens on residential property. The keeping of backyard chickens shall be limited to single-family residential properties under the following conditions (see chart included as Attachment "A")- (a) For a lot size of one quarter acre (10,890 square feet) or less- (1) If the distance between the exterior side of the chicken coop and the exterior side of primary residential structures on all adjacent properties is less than thirty (30) feet, no backyard chickens may be kept on the property. (2) If the distance between the exterior side of the chicken coop and the exterior side of primary residential structures on all adjacent properties is at least thirty (30)feet, but not greater than fifty (50)feet, no more than four (4) backyard chickens may be kept. (3) If the distance between the exterior side of the chicken coop and the exterior side of primary residential structures on all adjacent properties is fifty (50) feet or greater, no more than six (6) backyard chickens may be kept. (b) For a lot size greater than a quarter acre, but less than a half acre, if the distance between the exterior side of the chicken coop and the exterior side of primary residential structures on all adjacent properties is fifty (50) feet or greater, no more than six (6) backyard chickens may be kept. (c) Six (6) additional backyard chickens may be kept for every additional quarter acre of lot area. The exterior side of the chicken coop must be at least fifty (50) feet from the exterior side of primary residential structures on all adjacent properties. (d) Backyard chicken byproducts, including but not limited to eggs, meat, or manure may not be offered for sale by, under the direction of, or with the consent of a backyard chicken permit holder, or owner or occupant of the property, except in accordance with applicable federal, state, and local regulations. Ordinance No.3825 Page 6 of 10 (e) All backyard chickens must be maintained so as to prevent them from escaping from the rear yard of the property. (f) It shall be a violation of this article for a backyard chicken to be found running at large as defined in section 14-2 of this chapter. (g) Backyard chickens and fowl, of any type, may not be surrendered to the North Richland Hills Animal Adoption and Rescue Center or any other city facility. Sec. 14-605. — Expiration. This ordinance establishing regulations and governing the keeping of backyard chickens shall be subject to review for effectiveness by the North Richland Hills City Council, and shall expire on November 30, 2027 ("Expiration Date"), unless such provisions are otherwise modified earlier or extended by the North Richland Hills City Council beyond the Expiration Date. SECTION 5: Chapter 34, Article II, Sections 34-33(21) and (30) shall be amended to read as follows: Sec. 34-33. — Specific nuisances. (21) Keeping or maintaining of fowl, other than backyard chickens as authorized by Chapter 14, Article XVI of this Code of Ordinances. (30) Keeping, raising or possessing, except within enclosures or cages and as allowed by zoning, any fowl other than backyard chickens as authorized by Chapter 14, Article XVI of this code with the intent to keep, raise or breed the same. SECTION 6: Any person, firm, corporation, or organization who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 8: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance Ordinance No.3825 Page 7 of 10 shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 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 in the Code of Ordinances of the City of North Richland Hills 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 once. SECTION 11: This ordinance shall be in full force and effect upon publication as required by Section 10 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on the day of 2023. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Ordinance No.3825 Page 8 of 10 RECOMMENDED: Paulette Hartman, Deputy City Manager Ordinance No.3825 Page 9 of 10 ATTACHMENT "A" This chart serves as supplemental information to Section 14-604. Number of Backyard Chickens Allowed Maximum number of Lot size Distance from adjacent residential structures chickens allowed Less than 10,890 Square Feet 1/4 Acre Less than 30 feet 0 Less than 10,890 Square Feet (1/4 Acre) 30 feet or greater but less than 50 feet 4 Less than 10,890 Square Feet (1/4 Acre) 50 feet or greater 6 10,890-21,780 Square Feet 1/4— 1/2 Acre 50 feet or greater 6 21,780-32,670 Square Feet 1/2—3/4 Acre 50 feet or greater 12 32,670-43,560 Square Feet (3/4— 1 Acre) 50 feet or greater 18 43,560-54,450 Square Feet (1 — 1%Acre) * 50 feet or greater 24 *For lots larger than 54,450 Square Feet(1'/4 Acre), six (6) additional backyard chickens may continue to be added for every'/4 acre of additional lot area. The distance of the chicken coop and attached exercise area from all adjacent residential structures must be 50 feet or greater. Ordinance No.3825 Page 10 of 10 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Consider Resolution No. 2023-082, adopting the City's Investment Policy, adopting the City's Investment Strategy and providing an effective date. PRESENTER: Mark C. Mills, Director of Finance SUMMARY: The Public Funds Investment Act ("PFIA") requires City Council to review and adopt by official action the City's Investment Policy and Investment Strategy each year. Both the Investment Policy and Investment Strategy were last approved by City Council on November 14, 2022. GENERAL DESCRIPTION: The City is required by the PFIA to review and renew the City's investment policy and strategy at least annually. The City invests only in high-quality, short-term instruments with maturities no longer than five years. The City makes extensive use of investment pools (TexPool and TexasTerm) for overnight liquidity. Aside from these pools, the City's investment portfolio is managed by Meeder Public Funds ("Meeder"), formerly Patterson & Associates. After consulting with Meeder, staff is proposing changes for consideration as part of the 2023 review and approval. A summary of the proposed modifications has been included below. Redline copies of the Investment Policy (Attachment 1) and Investment Strategy (Attachment 2) have also been included as part of this agenda item. Investment Policy Modifications Cover Page Description: Updated to reflect the new effective date of the Investment Policy. Rationale: Council action on the proposed changes will result in an updated policy with a new effective date. Page 2: Preface Description: Changed the word "aggressive"to "effective". IrLp NOKTH KICHLAN HILLS Rationale: With investments focused on Safety, Liquidity, and Yield — in that order — it was determined that "aggressive"was not the appropriate terminology to be used in the policy. Page 3: I. Purpose > B. Objectives Description: Changed the word "aggressive"to "effective". Rationale: With invested focused on Safety, Liquidity, and Yield — in that order — it was determined that "aggressive"was not the appropriate terminology to be used in the policy. Pages 5-6: II. Scope Description: Added two funds newly adopted as part of the FY24 Budget. Formatting change to add bullets in front of the listed items. Rationale: Added the Court Special Revenue Fund and the Public, Educational, and Governmental Access ("PEG") Fund to the list of funds accounted for in the City's Annual Comprehensive Financial Report ("ACFR"). These funds were created by staff and adopted by City Council for the first time for FY24. Investment Strategy Modifications Cover Page Description: Updated to reflect the new effective date of the Investment Strategy. Rationale: Council action on the proposed changes will result in an updated strategy with a new effective date. Page 2: Preface Description: Changed the word "aggressive"to "effective". Rationale: With investments focused on Safety, Liquidity, and Yield — in that order — it was determined that "aggressive"was not the appropriate terminology to be used in the strategy. Page 3: 1. Operating Funds > Special Revenue Funds Description: Added two funds newly adopted as part of the FY24 Budget. Formatting change to add bullets in front of the listed items. Rationale: Added the Court Special Revenue Fund and the Public, Educational, and Governmental Access ("PEG") Fund to the list of funds accounted for in the City's Annual Comprehensive Financial Report ("ACFR"). These funds were created by staff and adopted by the City Council for the first time for FY24. The City's updated Investment Policy has been included as Exhibit A of Resolution 2023- 082 and the updated Investment Strategy has been included as Exhibit B. If approved, the Investment Policy will become effective on November 14, 2023. w loffookk IrLm NOKTH KICHLAND HILLS IrLp NOKTH KICHLAN HILLS RECOMMENDATION: Approve Resolution No. 2023-082, adopting the City Investment Policy, adopting the City's Investment Strategy and providing an effective date. RESOLUTION NO. 2023-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ADOPTING THE CITY OF NORTH RICHLAND HILLS INVESTMENT POLICY; ADOPTING THE CITY OF NORTH RICHLAND HILLS INVESTMENT STRATEGY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City previously adopted an investment policy pursuant to the Public Funds Investment Act; and WHEREAS, The Public Funds Investment Act requires each governmental entity review its investment policy not less than annually; and WHEREAS, the City Council of the City of North Richland Hills desires to provide an investment policy and investment strategy for the investment of funds held by the City of North Richland Hills in a manner providing security of principle and liquidity; and WHEREAS, the investment policy of the City of North Richland Hills shall address investment diversification, yield and maturity requirements, the quality and capability of investment management, and shall provide limitations, strategies, specifications and methods for all investments of the City; and WHEREAS, pursuant to Section 2256.005(a) of the Texas Government Code a municipality engaging in investing funds shall adopt by resolution its written investment policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. That the City of North Richland Hills hereby adopts the City of North Richland Hills' Investment Policy, a copy of which is attached as Exhibit A. This policy is adopted in accordance with the provisions of Chapter 2256 of the Texas Government Code. SECTION 3. That the City of North Richland Hills hereby adopts the City of North Richland Hills' Investment Strategy, a copy of which is attached as Exhibit B. This strategy is adopted in accordance with the provisions of Chapter 2256 of the Texas Government Code and conforms to the City's Investment Policy. Resolution No. 2023-082 Page 1 of 2 SECTION 4. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED on this 13t" day of November, 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: Mark C. Mills, Director of Finance Resolution No. 2023-082 Page 2 of 2 X I I i/Oiio m J � L � r I 1 I Nl u f ... J� ., RichlandNorth Investment Policy 'oe Adopted: November 14, 2023 City of North Richland Hills Email: Finance@nrhtx.com Tel: 817.427.6166 Website: www.nrhtx.com 4301 City Point Dr. i North Richland Hills, TX 76180 Exhibit A TABLE OF CONTENTS Page Preface..............................................................................................................................2 I. Purpose and Objectives.................................................................................................3 11. Scope............................................................................................................................5 111. Responsibility and Control ...........................................................................................6 IV. Investment Committee.................................................................................................8 V. Suitable and Authorized Investments...........................................................................9 VI. Investment Parameters.............................................................................................. 12 VII. Investment Procedures............................................................................................. 14 VII I. Custodial Credit Risk Management......................................................................... 16 IX. Arbitrage.................................................................................................................... 17 X. Depositories................................................................................................................ 18 XI. Investment Policy Adoption ....................................................................................... 19 1 Exhibit A PREFACE "A public office is a public trust." Charles Sumner, 1872 If a public office is a public trust, then the trust must be administered properly. Public funds are acquired by governments largely through involuntary payments, particularly through taxation. In a modern democratic society, public officials are obligated to manage these funds in a disciplined manner. In most cases, laws govern the investment process. Laws alone however cannot compel public officials to a series of actions that assure the public's best interests. The actions of public officials responsible for investing public funds must be guided by knowledge, skills, systems, policies, procedures and confidence that can be described only as professional discipline. It is the policy of the City of North Richland Hills that, giving due regard to safety and risk of investments, all available funds shall be invested in conformance with these legal and administrative guidelines, and, to the maximum extent possible, at the highest rates obtainable at the time of the investment. Effective cash management is recognized as essential to good fiscal management. An effective cash management and investment policy will be pursued to take advantage of investment interest as viable and material revenue to all operating and capital funds. Investment income will be used in a manner that will best serve the interest of the City of North Richland Hills. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. 2 Exhibit A I. PURPOSE AND OBJECTIVES A. Purpose The purpose of this document is to set forth the specific investment policy and strategy guidelines for the City of North Richland Hills. All investment activity shall be consistent with Texas law as defined in Government Code 10, Chapter 2256, known as the Public Funds Investment Act (the Act), and local law. - safety of investments and City funds - preservation of capital and protection of principal - maintenance of sufficient liquidity to meet operating needs - diversification of investments to avoid unreasonable risks - public trust from prudent investment activities - optimization of investment income for the City's portfolio The City is required under the Public Funds Investment Act, Section 5, to adopt a formal written Investment Policy regarding the investment of its funds and funds under its control. This policy is to be adopted annually to meet the requirements of the Act, and has been revised periodically to comply with updated state requirements. The City of North Richland Hills' Ordinance Number 2079 states that all investment activities and procedures shall be governed by a written Investment Policy. The Investment Policy addresses the methods, procedures, and practices that must be exercised to ensure the effective and judicious management of the City's funds. B. Objectives The City shall manage and invest its cash with four primary objectives, listed in the order of priority: safety, liquidity, public trust, and yield, expressed as optimization of investment income. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. An effective cash management program and investment policy will be pursued by the Investment Officer to take advantage of investment interest as viable and material revenue to all operating and capital funds. Cash management is defined as the process of managing monies in order to ensure maximum cash availability and maximum investment income on short-term investments of idle cash. The City's portfolio shall be designed and managed in a manner responsive to the public trust. Income from investments will be used in a manner that will best serve the interests of the City of North Richland Hills. 1. Safety Safety of invested principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit and interest rate risk. 3 Exhibit A a. Credit Risk and Concentration of Credit Risk The City will minimize credit risk, the risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk, the risk of loss attributed to the magnitude of investment in a single issuer, by: (1) Limiting investments to high credit quality investments, (2) Pre-qualifying the financial institutions and broker/dealers with which the City will do business, and (3) Diversifying the investment portfolio to minimize potential losses on individual issuers. b. Interest Rate Risk The City will manage the risk that the investment income and the market value of investments in the portfolio will fall due to changes in the general interest rates by: (1) Structuring the investment portfolio so that investments mature to meet cash requirements for ongoing operations. From time to time, securities may be purchased at a premium or traded for other securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve optimal investment return, provided any of the following occurs with respect to the replacement security: A. The yield has been increased, or B. The maturity has been reduced or lengthened, or C. The quality of the investment has been improved. (2) Investing operating funds primarily in certificates of deposit, shorter- term securities, money market mutual funds, or local government investment pools functioning as money market mutual funds, (3) Diversifying maturities and staggering purchase dates to minimize the impact of market movements over time, and (4) Limiting the maximum weighted average maturity of the investment portfolio to 3 years. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or local government investment pools that offer same-day liquidity. 4 Exhibit A 3. Public Trust All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officers shall avoid any transaction that might impair public trust in the City's ability to govern effectively. 4. Yield (Optimization of Investment Income) The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. II. SCOPE This investment policy applies to all financial assets of the City of North Richland Hills in all current funds, any funds to be created in the future, and any other funds held in custody by the City, unless expressly prohibited by law or unless it is in contravention of any depository contract between the City and its depository bank. However, this policy does not apply to the assets administered for the benefit of the City by outside agencies. These funds are accounted for in the City's Annual Comprehensive Financial Report and include: • Operating Funds • General Fund • Special Investigation Fund • Drainage Utility Fund • Crime Control and Prevention District Fund • Court Special Revenue Fund • Public, Educational, and Governmental Access ("PEG") Fund • Promotional Fund • Economic Development Fund • Donations Fund • Parks and Recreation Facilities Development Fund • Grant Fund • Gas Development Fund • Traffic Safety Fund • Utility Fund • Aquatic Park Fund • Golf Course Fund • Facilities/Construction Management Fund • Fleet Services Fund • Self-Insurance Fund • Information Services Fund 5 Exhibit A • Capital Improvement Funds • Tax Increment Financing District Funds • Debt Service Funds • General Fund Balance Reserve Revenue Bond Reserves The City will consolidate cash balances from all funds with the exception of bond proceeds to optimize investment income. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. RESPONSIBILITY AND CONTROL A. Delegation of Authority This Investment Policy and the outlining of investment practices and authorities is compiled in accordance with the Public Funds Investment Act, which requires the adoption of rules governing investment policies and strategies and the designation of an Investment Officer, as well as City Ordinance Number 2079 which designates investment officers and provides prudent investment rules. Collateral requirements are created in accordance with the Public Funds Collateral Act (Texas Government Code 10, Chapter 2257). Ultimate responsibility and authority for all investment transactions and cash management reside with the City Manager and the City's Director of Finance. The Director of Finance is also responsible for considering the quality and capability of staff to be involved in investment management and procedures. The Director of Finance may delegate responsibility for the day-to-day investment activities to other qualified staff members. These staff members will be termed Investment Officers of the City. One of these Investment Officers will be designated the Primary Investment Officer by the Director of Finance to conduct daily investment activity and prepare required investment reports. Investment Officers will not conduct any investment or banking activities involving City funds until a resolution or ordinance giving them authority to do so has been approved by the City Council of the City of North Richland Hills. All participants in the investment process shall seek to act responsibly as custodians of public trust. B. Quality and Capability of Investment Management The City shall provide periodic training in investments for the designated Investment Officers and other investment personnel through courses and seminars offered by professional organizations, associations, and other independent sources approved by the Investment Committee in order to ensure the quality and capability of investment management in compliance with the Public Funds Investment Act. 6 Exhibit A C. Training Requirements In accordance with the Public Funds Investment Act, all authorized Investment Officers shall attend an investment training session not less than once each state fiscal biennium and shall receive not less than eight hours of instruction relating to investment responsibilities. A newly appointed Investment Officer must attend a training session of at least ten hours of instruction within twelve months of taking over or assuming duties and attend an investment training session not less than once in a two-year period that begins on the first day of the local government's fiscal year and consists of the two consecutive fiscal years after that date. The training shall be provided by an independent source approved by the Investment Committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include: a professional organization, an institution of higher education, or any other sponsor certified to provide such training. D. Management and Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure the City's assets are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: • Minimize risk of collusion • Separation of transactions authority from accounting and record keeping • Custodial safekeeping • Avoidance of physical delivery securities • Clear delegation of authority to subordinate staff members • Written confirmation for telephone (voice) transactions for investments and wire transfers • Development of a wire transfer agreement with the depository bank or third-party custodian E. Prudence The standard of prudence to be applied by the Investment Officer shall be the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived." It should be noted that, in a diversified portfolio, occasional losses are inevitable and must be considered within the context of the overall portfolio's return. In determining whether an Investment Officer has exercised prudence with respect to an investment decision, the determination shall take into consideration the investment of all funds, or funds under the City's control, over which the Investment Officer had 7 Exhibit A responsibility rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written investment policy of the City. F. Indemnification The Investment Officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported in a timely manner and appropriate action is taken to control the effects of such adverse developments. The City shall provide for the defense and indemnification of any Investment Officer or Investment Committee member who is made party to any suit or proceeding, other than by actions of the City, or against whom a claim is asserted by reasons of their actions taken within the scope of their service as Investment Officers or appointed members of the Investment Committee. Such indemnity shall extend to judgments, fines, and amounts paid in settlement of any such claim, suit or proceeding, including any appeal thereof. This protection shall extend only to members who have acted in good faith and in a manner which they reasonably believe to be in, or not opposed to, the best interests of the City. G. Ethics and Conflicts of Interest City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff should disclose to the City Manager any material personal financial investments in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An Investment Officer of the City who has a personal business relationship, as defined by the Public Funds Investment Act of 1997, Section 2256.005 (i), with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An Investment Officer who is related within the second degree of affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A disclosure statement required under this section must be filed with the Texas Ethics Commission and the governing body of the City. IV. INVESTMENT COMMITTEE An Investment Committee shall be established to assist in monitoring the performance and structure of the City's portfolio and approved brokers. Members of this committee shall include the Director of Finance (as Chairman) and the Assistant Director of Finance as permanent members. Additional members, numbering no less than three, will be appointed at the discretion of the Director of Finance. The Primary Investment Officer will report to and make recommendations to the Investment Committee, but will 8 Exhibit A have no vote concerning investment policy or suitability of investments. Any matters presented to the committee requiring a vote of the members shall be passed or denied by a simple majority. The Investment Officer or any other member of the committee shall have the power to call meetings of the committee. The committee shall meet no less than quarterly. The Investment Committee shall perform the following functions: 1. Approve the process of selecting authorized dealers, brokers, investment advisors, and safekeeping agents/custodians used by the City. 2. Review the City's general portfolio activity and performance for compliance to this policy and recommend any changes or amendments to this policy to the City Council. 3. Approve the Investment Strategy document, as prepared by the Investment Officer. This document is required by State law to be separate from the Investment Policy. The Investment Strategy will be a guide to the investment of all funds controlled by the City as described in Section II of the Investment Policy. The strategy is intended to adapt to changes in market conditions. 4. Advise the Investment Officer as to recommendations regarding investment strategy and portfolio performance. 5. Immediately notify the Investment Officer of any information brought to their attention that materially affects the portfolio or the marketability of any investments purchased in accordance with the Investment Policy. 6. Oversee the activities of the persons designated to carry out investment transactions and inform the City Council of unaddressed concerns with the management of the City's investment portfolio. V. SUITABLE AND AUTHORIZED INVESTMENTS The City's portfolio investment strategy seeks to match investment maturities with cash flow requirements for the portion of the portfolio where maturity dates can be matched with cash flow requirements and investments are able to be purchased with the intention of being held until maturity. However, investments may be liquidated prior to maturity for the following reasons: - An investment may be liquidated early to minimize loss of Principal - Cash flow needs of the City require that the investment be liquidated - An investment can be liquidated prior to maturity in the event that the gain and, or, overall benefit from selling and reinvesting the security is greater than the benefit that would be realized if the security continued to be held to maturity. This will occur primarily in the core portion of the city's portfolio that is available for longer term investment. 9 Exhibit A City funds governed by this policy may be invested in the instruments described below, all of which are authorized by Chapter 2256 of Government Code 10 (Public Funds Investment Act), with further restrictions imposed by local ordinances. Investments of City funds in any instrument or security not authorized for investment under the Act and City ordinance is strictly prohibited. The City will not be required to liquidate an investment that becomes unauthorized, for reasons other than loss of rating, subsequent to its purchase. All prudent measures will be taken to liquidate an investment that is downgraded to less than the required minimum rating. A. Authorized Investments 1. Obligations of the United States, its agencies, and instrumentalities 2. Direct Obligations of the State of Texas or its agencies 3. Collateralized Mortgage Obligations ("CMOs") directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States 4. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States 5. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality of not less than A or its equivalent by a nationally recognized investment rating firm 6. Depository certificates of deposit issued by a Texas depository institution and brokered certificate of deposit securities as permitted by Texas Public Funds Investment Act section 2256.010. Depository certificates of deposit must be guaranteed or insured by the Federal Deposit Insurance Corporation or its successor, and secured by obligations in a manner and amount as provided by law- and the Collateral Requirements of this Policy. Depository certificates of deposit may include spread products. Brokered certificates of deposit securities must be insured by the FDIC. 7. Fully Collateralized Repurchase Agreements that are structured in compliance with the Public Funds Investment Act. A flexible repurchase agreement can be utilized for the investment of bond proceeds to meet projected cash outflows. Repurchase agreements must be: secured by a combination of cash and obligations of the United States or its agencies and instrumentalities; pledged to the City or held in the City's name; deposited at the same time the investment is made; and have a defined termination date. Flexible repurchase agreements (Flex-Repos) must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or financial institutions doing business in this state. Flex-Repos may be utilized on new bond issues as deemed necessary and advantageous to the City. Repurchase Agreements will only be executed with counterparties that have signed a TBMA Tri-Party Repurchase Agreement with the City. 10 Exhibit A 8. Commercial Paper a. Commercial Paper is an authorized investment of this policy if the commercial paper: (1) Has a stated maturity of 365 days or fewer from the date of issuance; and (2) Is rated not less than A-1 or P-1 or an equivalent by at least: (a) Two nationally recognized credit rating agencies; or (b) One nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. 9. Mutual Funds a. No-load Money Market Mutual Funds are acceptable investments provided they are registered and regulated by the Securities and Exchange Commission, comply with SEC rule 2a-7 and provide the City with a prospectus and other information required by the Securities Exchange Act of 1934 or the Investment Company Act of 1940. b. No-load Mutual Funds are acceptable investments provided they are registered and regulated by the Securities and Exchange Commission, provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 or the Investment Company Act of 1940, and confirm to all requirements of Section 2256.014 of the Public Funds Investment Act relating to no-load mutual funds. 10. Investment Pools a. Investment pools must provide the Investment Officer with an offering circular or other similar disclosure instrument that contains specific and detailed information required by the Act. Additionally, the pool shall provide transaction confirmations, detailed monthly transaction summaries, and monthly performance reports to the Investment Officer. The specific requirements for authorized investment pools are detailed in the Public Funds Investment Act, Subchapter A, Section 2256.016. Authorized pools must maintain credit ratings no lower than AAA or AAAm or an equivalent rating by at least one nationally recognized rating service. An investment pool shall invest the funds it receives from entities in authorized investments permitted by the Public Funds Investment Act. b. In order to participate in an investment pool, the City Council must approve by resolution or ordinance a Participation Agreement or Inter-local Agreement to be executed with the State or Inter-local authority responsible for the investment pool. This agreement will specify the City's authorized representatives and the standard delivery instructions for fund transfers and information reports. 11 Exhibit A 11. Interest Bearing Accounts a. Must be fully FDIC insured; or b. Be fully Collateralized on balances over FDIC Limit and be an established bank in Texas per the Texas City Depository Act, Local Government Code, Chapter 105. B. Unauthorized Investments The following investment instruments are specifically not authorized: 1. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal (Collateralized Mortgage Obligations (CMO) - derived Interest Only Strips), 2. Obligations whose payment represent the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest (CMO-derived Principal Only Strips), 3. Collateralized Mortgage Obligations that have a stated final maturity date of greater than ten (10) years, 4. Collateralized Mortgage Obligations whose interest rates are determined by an index that adjusts opposite to the changes in a market index (Inverse Floaters), 5. Certificates of Deposit and other investments issued by Savings and Loans, 6. Share Certificates and other investments issued by Credit Unions, and 7. Guaranteed Investment Contracts. VI. INVESTMENT PARAMETERS A. Diversification Diversification of funds and investments must be accompanied by competitive bidding of all investments to assure diversification among securities dealers. Diversification is necessary to reduce the portfolio's credit and market risks, while helping the portfolio attain a market rate of return. The City shall seek to conduct its investment transactions with several competing, reputable investment security dealers and brokers to protect principal while optimizing interest opportunities. To assure diversification of financial institutions, business involving two party transactions (i.e. repurchase agreements) with any one investment broker should be limited to thirty percent (30%) of the par value of the total portfolio for any reporting period. In this way, a bankruptcy, receivership, or legal action would not immobilize the City's ability to meet payroll, operating, or other expenses. 12 Exhibit A It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. B. Investment Type Depositories for Municipal Funds (Chapter 105, Local Government Code), the Public Funds Investment Act (Chapter 10, Government Code), and City Ordinance Number 2079 authorize depositories and define allowable investment programs for municipal governments. It is the policy of the City to purchase only securities authorized by both the Public Funds Investment Act and Section V., subsection A., of the City's investment policy. Market risk shall be minimized by diversification of investment types. The following guidelines, by instrument, are established for the City's total portfolio: 1. Repurchase Agreements 50% 2. Certificates of Deposit 50% 3. U.S. Treasury Notes/Bonds/Bills 100% 4. U.S. Agencies and Instrumentalities 75% 5. Commercial paper 40% 6. State and Local Bonds and Notes 20% 7. Money Market Mutual Funds 80% 8. Mutual Funds 15% 9. Investment Pools 100% The maximum maturity of any given investment in the portfolio shall not exceed a final, stated maturity of 5 years from the date of purchase and overall portfolio weighted average maturity is not to exceed 3 years. Investments should be evaluated at the time of purchase to comply with the diversification of each investment type as outlined above. Reductions in the size of the portfolio due to cash outflows may cause an investment type to exceed the maximum percentage allowed for that investment type. To allow for efficient and effective placement, a singular repurchase agreement can be utilized for the investment of bond proceeds, which exceeds the 50% limitation. Furthermore, the City is authorized to invest bond proceeds or revenue pledged to the payment of debt obligations only to the extent permitted by the Public Funds Investment Act, in accordance with the provisions governing the debt issuance and the City's approved investment policy regarding the debt issuance. 13 Exhibit A VII.INVESTMENT PROCEDURES The City's portfolio shall be designed with the objective of obtaining a rate of return through budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow requirements. The risk-return relationship will be controlled through the investment parameters, operating requirements, and guiding policies of the City Council. Market value of all securities owned will be compared to current book value of those securities to determine portfolio performance on a quarterly basis. Safety of principal is the foremost objective of this investment policy. The City will practice competitive bidding when purchasing all investments to guarantee the highest rate of return for the desired maturity date. The right is reserved to reject the most financially favorable bid if it is potentially disruptive to the investment strategy or portfolio composition of the City. A. Approval of Broker/Dealers It is the policy of the City to purchase securities only from those institutions on the City's approved list of broker/dealers. The Investment Committee shall at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. All securities dealers must be registered and certified with the Texas State Securities Commission, Financial Industry Regulatory Authority ("FINRK), and Securities and Exchange Commission ("SEC"). Those firms that request to become qualified bidders for securities transactions, including financial institutions, banks, money market mutual funds, and local government investment pools, will be required to provide a completed broker/dealer questionnaire that provides information regarding creditworthiness, experience, and reputation. This list may be revised by the Investment Committee as the City's investment needs change. The Investment Committee shall approve all broker/dealers and shall also have the ability to limit the number of authorized securities dealers/banks doing business with the City. It is the policy of the City to purchase securities from the broker/dealers on the investment manager's approved list. The City authorizes the investment manager to engage in security transactions with broker/dealers on a carefully monitored broker/dealer list. The Investment Committee shall at least annually review the list of broker/dealers with investment manager. B. Investment Transactions It is the policy of the City of North Richland Hills to require competitive bidding for all individual security purchases and sales except for transactions with money market mutual funds and local government investment pools. All investment transactions must be approved by the Assistant Director of Finance, the Director of Finance, or registered investment advisor as appointed by the City Manager to execute transactions on behalf of the City, or in their absence, an authorized Investment Officer. All securities purchased shall require delivery on the settlement date to the City or its third-party accounts on a delivery versus payment ("DVP") basis, with the exception of investment pools and mutual funds. By so doing, City funds are not 14 Exhibit A released until the City has received, through the Federal Reserve wire, the securities purchased. C. Investment Reporting The Public Funds Investment Act and City Ordinance Number 2079 require the preparation of quarterly management reports and an annual report of all investment transactions of the City be presented to the City Council. The fourth quarter report for the fiscal year will be considered as the annual report. The Primary Investment Officer will prepare the required quarterly and annual reports for evaluating investment portfolio performance. The reports will be approved and signed by all members of the Investment Committee. The reports will include the following information, as required by the Public Funds Investment Act: 1. A summary narrative of investment activity and portfolio performance over the Period 2. Size and composition of portfolio at the beginning and end of the reporting period 3. List all investments according to the fund for which they were purchased 4. Beginning and ending book and market value for all securities held 5. Beginning and ending book and market value for the total portfolio 6. All additions and changes to the market value during the period 7. State the compliance of the portfolio to the investment policy and the Public Funds Investment Act 8. Yield 9. Diversification of investments 10. Total sales, maturities, and purchases 11. Accrued interest 12. Performance compared to an established benchmark These quarterly reports should be used along with the annual report to fully evaluate and explain market trends and adjustment of investment strategies to manage market fluctuations. The annual report will show on a fiscal year basis the results of the overall investment strategy. The quarterly reports will conform to GAAP and be reviewed annually by the City's independent auditor, with results reported to the City Council. D. Marking to Market Market value of all securities in the portfolio will be determined on a quarterly basis. These values will be obtained from a reputable and independent source and disclosed to the governing body in the quarterly investment report. 15 Exhibit A VIII. CUSTODIAL CREDIT RISK MANAGEMENT A. Safekeeping and Custodial Agreements The laws of the State of Texas and prudent treasury management require that all purchased securities shall be held in safekeeping/custody by a third-party financial institution, or the City's safekeeping account with its designated depository bank. All securities owned by the City shall be held by a third-party safekeeping agent, or in the Federal Reserve Bank, except for certificates of deposit. For certificates of deposit with FDIC insurance and collateral;the City will hold the deposit receipt. Transfers of securities in safekeeping shall be processed with written confirmations. The confirmation will be used for documentation and retention purposes. One of the City's designated Investment Officers must approve release of collateral prior to its removal from the safekeeping account. B. Collateral Policy Consistent with the requirements of Texas law as defined in Government Code 10, Chapter 2257, known as the Public Funds Collateral Act, it is the policy of the City to require full collateral ization of all City investments other than obligations of the United States and its agencies and instrumentalities. Collateral on investments shall be maintained by an appropriate third-party safekeeping agent, as designated by the City. This policy also applies to any deposits held in an approved depository in excess of the amount protected by FDIC insurance. The City of North Richland Hills shall accept only the following securities as collateral: 1. FDIC insurance coverage 2. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States 3. Obligations of the United States, its Agencies, and Instrumentalities 4. A bond of the State of Texas or of a county, city, or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of ten (10) years or less Certificates of deposit plus accrued interest per non-depository bank do not need to be collateralized pursuant to this policy as long as FDIC insurance is provided. Certificates of Deposit, including accrued interest must be secured by approved collateral for the amount in excess of FDIC insurance coverage. Collateral is valued at current market plus interest accrued through the date of the valuation. Collateral shall be marked to market daily and monitored by the respective banks to determine if adequate collateral ization is being maintained. All collateral will represent at least 102% of value of deposits. 16 Exhibit A Collateral levels should be maintained during an investment transaction. The amount placed in the bank to cover the cost of a security purchase should be fully collateralized in the event the security fails to be delivered to the safekeeping agent. Collateralized investments often require substitution of collateral. Any broker or financial institution requesting substitution must contact the Primary Investment Officer, or in his absence any other authorized Investment Officer, for approval and settlement. The substituted collateral's value will be calculated and the substitution approved if its value is equal to or greater than the original collateral ization level. The Director of Finance, or an authorized designee, must give immediate notification of the decision to the bank or third party holding the collateral. Substitution is allowable for all transactions, but should be limited, if possible, to minimize potential administrative problems and transfer expense. The Director of Finance may limit substitution and assess appropriate fees if substitution becomes excessive or abusive. Collateral shall be audited at least annually by the City's independent audit firm, and may be audited by the City at any time during normal business hours of the safekeeping party. The financial institutions with which the City invests and/or maintains other deposits shall provide, as requested by the City, a listing of the City's certificates of deposit and other deposits at the institution and a listing of collateral pledged to the City marked to current market prices. The listing shall include total pledged securities with the following information: Name Type/description CUSIP Par value Current market value Maturity date Moody's or Standard & Poor's rating (both if available) Under Chapter 2257, Public Funds Collateral Act, substitution and release of collateral must be approved by the governing body. City of North Richland Hills Ordinance Number 2079 Section 3 delegates the Investment Officers' overall responsibilities to ensure that investment objectives are accomplished, and therefore, the authority to release and substitute collateral as deemed necessary and reasonable within the guidelines of this policy. IX. ARBITRAGE The Tax Reform Act of 1986 (Title 26 U.S.C. Section 148) provides limitations on the City's yield from investing tax-exempt bond proceeds and debt service funds. These arbitrage rebate provisions require that the City compute earnings on investments from each issue of bonds on a periodic basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provisions state that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a 17 Exhibit A rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and to rebate excess earnings, if necessary. X. DEPOSITORIES The Texas City Depository Act, Local Government Code Chapter 105, prescribes procedures for selection of a city depository designating that both general-law and home- rule cities are "authorized to receive applications (as depository) for the custody of city funds from any bank, credit union or savings association that maintains a place of business within the state of Texas." This clause indicates that cities are not required to designate one central depository. The City of North Richland Hills will, through a request for proposals process, designate one or more banks to serve as its primary depository(ies) to maximize investment capabilities and minimize banking cost. The depository designation does not limit investment activity to one financial institution. The consideration the City of North Richland Hills will use to execute a banking services contract will include: • Ability of Bank to perform and provide the required and requested services • Reputation of bidder and quality of services provided • Cost of banking services • Interest paid on interest bearing accounts and deposits • Earnings credit calculation on account balances • Completeness of proposal and agreement to points outlined in the request for proposals • Convenience of locations • Previous service relationship with the City • Financial strength and stability of institution Obtaining competitive proposals on the City's depository specifications will be the responsibility of the Director of Finance. Selection of the depository shall be based on the institutions offering the most favorable terms and conditions for the handling of City funds and the services available to the City. The maximum term for a depository contract under State law is five years. The City's contract shall not exceed five years. A performance review will be conducted at least once every six months by the Investment Committee to evaluate the working relationship between the City and the depository bank. Special banking needs may be contracted for by the City outside the depository contract if approved by City Council. If a depository does not meet the City's requirements in the banking services contract, the bank will be required to meet the requirements within ninety days or lose the depository contract. 18 Exhibit A XI. INVESTMENT POLICY ADOPTION The investment policy shall be adopted by ordinance or resolution of the City Council. It is the City's intent to comply with state laws and regulations. The policy shall be reviewed annually by the Investment Committee and the City Council. City Ordinance Number 2079 states that policy revisions that require enactment due to updates of applicable state or federal laws may be authorized by the City Manager; however, other significant revisions must be approved by the City Council. 19 X I I u� I r- Now 1 av 1 P�b North • Hills StrategyInvestment Adopted: Novemberi City of North Richland Hills Email: Finance@nrhtx.com Tel: 817.427.6166 Website: www.nrhtx.com 4301 City Point Dr. North Richland Hills, TX 76180 Exhibit B TABLE OF CONTENTS Page Preface................................................................................................................................ 2 InvestmentStrategy............................................................................................................ 3 I. Operating Funds ..................................................................................................... 3 II. Capital Improvement Funds ................................................................................... 4 III. Debt Service Funds ................................................................................................ 5 IV. General Fund Balance Reserves ........................................................................... 6 V. Revenue Bond Reserves........................................................................................ 7 1 Exhibit B PREFACE It is the policy of the City of North Richland Hills that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, and the adopted Investment Policy and Investment Strategy. In accordance with the Public Funds Investment Act(Texas Government Code 10, Chapter 2256), the City of North Richland Hills' investment strategies shall address the following priorities (in order of importance): • Understanding the suitability of the investment to the financial requirements of the City • Preservation and safety of principal • Liquidity • Marketability of the investment prior to maturity • Diversification of the investment portfolio • Optimization of interest earnings Effective investment strategy development coordinates the primary objectives of the City of North Richland Hills' Investment Policy and cash management procedures to enhance interest earnings and reduce investment risk. Effective cash management will increase the available"investment period" and subsequently interest earnings. Maturity selections shall be based on cash flow and market conditions to take advantage of various interest rate cycles. The City's investment portfolio shall be designed and managed in a manner responsive to the public trust and consistent with the Investment Policy. The City's Funds shall be analyzed and invested according to the following major fund types: I. Operating Funds II. Capital Improvement Funds III. Debt Service Funds IV. General Fund Balance Reserve V. Revenue Bond Reserves 2 Exhibit B INVESTMENT STRATEGY In orderto minimize risk of loss on a sale because of fluctuating market prices, investment maturities will not exceed the anticipated cash flow requirements of the funds. In general, the City will structure the investment portfolio so that investments mature to meet cash requirements for ongoing operations. From time to time, securities may be purchased at a premium or traded for other securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve optimal investment return, provided any of the following occurs with respect to the replacement security: A. The yield has been increased, or B. The maturity has been reduced or lengthened, or C. The quality of the investment has been improved. Investment guidelines by fund type are as follows: I. Operating Funds The City of North Richland Hills Operating Funds are as follows: • General Fund • Special Revenue Funds o Special Investigation Fund o Drainage Utility Fund o Crime Control and Prevention District Fund o Court Special Revenue Fund o Public, Educational, and Governmental Access ("PEG') Fund o Promotional Fund o Economic Development Fund o Donations Fund o Parks and Recreation Facilities Development Fund o Grant Fund o Gas Development Fund o Traffic Safety Fund • Enterprise Funds o Utility Fund o Aquatic Park Fund o Golf Course Fund • Internal Service Funds o Facilities/Construction Management Fund o Fleet Services Fund o Self-Insurance Fund 3 Exhibit B o Information Services Fund • Tax Increment Financing District Funds 1) Suitability - Any investment eligible in the Investment Policy is suitable for the Operating Funds. 2) Safety of Principal - All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will occur. By managing the weighted average years to maturity for the operating fund portfolio to be less than 3 years and restricting the maximum allowable maturity to five years, the price volatility of the overall portfolio will be minimized. 3) Marketability-Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity-The Operating Funds require the greatest short-term liquidity of any of the fund types. Short-term investment pools and government money market mutual funds shall provide liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. 5) Diversification - Investment maturities shall be staggered throughout the fiscal year to provide cash flow based on the anticipated operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure not to exceed the weighted average maturity allowed by the Investment Policy, and through diversification by market sector. 6) Yield -Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints, and cash flow requirements. II. Capital Improvement Funds The City of North Richland Hills Capital Improvement Funds are comprised of the monies available from the sale of debt and other sources to finance capital improvement projects. Bond proceeds are segregated from operating funds on the general ledger and in investment accounts for arbitrage compliance purposes. Capital Improvement Funds include all funding for the design and construction of capital projects, including streets, drainage facilities, utility adjustments, park improvements, and municipal buildings as well as the acquisition of capital assets. 1) Suitability - Any investment eligible in the Investment Policy is suitable for Capital 4 Exhibit B Improvement Funds. 2) Safety of Principal - All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will occur. By managing the various Capital Improvement accounts in anticipation of cash flow requirements, the impact of market risk for the portfolio will be minimized. 3) Marketability-Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity-The City's funds used for construction and capital improvement programs have reasonably predictable draw down schedules. Therefore, investment maturities shall generally follow the anticipated cash flow requirements. Investment pools and government money market mutual funds shall provide readily available funds generally equal to one month's anticipated cash flow needs, or a competitive alternative for short-term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any expenditure request. This investment structure is commonly referred to as a Flexible Repurchase Agreement. 5) Diversification - Market conditions and arbitrage regulations influence and limit the selection and the laddering of maturities of fixed rate investments for bond proceeds and other construction and capital improvement funds. When investing these types of funds, every effort will be made to at least meet the maximum allowed yield, and to select and ladder maturities to meet the cash flow needs of the funds. Maturities should not exceed the normal life of the underlying projects supported by the fund. 6) Yield - Achieving a positive spread to the applicable arbitrage yield is the desired objective for bond proceeds. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. III. Debt Service Funds The City's Debt Service funds include the General Debt Service Fund and the Sales Tax Revenue Debt Service Fund. The General Debt Service Fund is funded from ad valorem tax collections and transfers from various other funds. The Sales Tax Revenue Debt Service Fund is funded solely from transfers from the Park and Recreation Facilities Development Fund. 1) Suitability -Any investment listed as eligible in the Investment Policy is suitable for the Debt Service Funds. 5 Exhibit B 2) Safety of Principal - All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will however occur. By limiting the Debt Service Funds Portfolio maturity dates to the next scheduled debt service payment, the market risk of the overall portfolio will be minimized. 3) Marketability - Securities with active and efficient secondary markets are not necessary as the event of an unanticipated cash requirement is not probable. 4) Liquidity - Debt service funds have predictable payment schedules. Therefore, investment maturities shall not exceed the anticipated cash flow requirements. Investment pools and government money market mutual funds may provide a competitive yield alternative for time deposits and short-term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any expenditure request. This investment structure is commonly referred to as a Flexible Repurchase Agreement. 5) Diversification - Market conditions influence the attractiveness of fully extending maturities to the next unfunded payment date. At no time shall the debt service schedule be exceeded in an attempt to bolster yield. 6) Yield -Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. IV. General Fund Balance Reserve The City's objective regarding the General Fund Balance is to maintain a sufficient fund balance to operate the City for a period of sixty days or 15% of the following year's budgeted expenditures. The amount of funds to be invested in non-liquid investments shall be limited to not more than 50% of this amount of the General Fund Balance. Non-liquid investments are those instruments that require greater than one day to become liquid. 1) Suitability -Any investment eligible in the Investment Policy is suitable for General Fund Balance Reserves. 2) Safety of Principal — Generally, the investment quality of all securities allowed as investments in the Operating Funds will be allowable in the General Fund Balance Reserve. All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will occur. Under no circumstance shall any investment from this portfolio cause the combined portfolio's weighted average 6 Exhibit B maturity to exceed the three year maximum allowed by the Investment Policy. The maximum allowable individual maturity is restricted to five years. 3) Marketability-Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity -The Fund Balance Reserve requires the liquidity necessary to cover the City's expenditures in the event of a cash shortfall. Short-term investment pools and government money market mutual funds shall provide liquidity and may be utilized as a competitive yield alternative to time deposits and fixed maturity investments. 5) Diversification—Maturing investments shall be reinvested within the desired maturity to provide cash flow in the event that cash is needed for the operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure throughout three years and through diversification by market sector. 6) Yield -Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. V. Revenue Bond Reserves Debt service reserves are required by bond covenants for a particular revenue bond issue. 1) Suitability - Any investment eligible in the Investment Policy is suitable for Debt Service Fund Reserves. 2) Safety of Principal — Generally, the investment quality of all securities allowed as investments in the Operating Funds will be allowable in the Debt Service Fund Reserve. All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will occur. Under no circumstance shall any investment from this portfolio cause the combined portfolio's weighted average maturity to exceed the maximum allowed by the Investment Policy. The maximum allowable individual maturity is restricted to five years. 3) Marketability-Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. By utilizing the yield advantages of fixed income securities, maximum yield should be attained while meeting cash requirements. 7 Exhibit B 4) Liquidity - The Debt Service Reserve Funds require the amount of liquidity necessary to convert securities into cash if needed for payment of debts on schedule. Short-term investment pools and government money market mutual funds shall provide liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. 5) Diversification - Market cycle risk will be reduced by diversifying the appropriate maturity structure within 5 years and through diversification by market sector. 6) Yield - Attaining a competitive market yield for comparable security-types and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. 8 ac men u' r- 1 av i/ North • Hills Investment Policy Adopted: 14, 2023 City of North Richland Hills Email: Finance@nrhtx.com Tel: 817.427.6166 Website: www.nrhtx.com 4301 City Point Dr. North Richland Hills, TX 76180 Attachment 1 TABLE OF CONTENTS Page Preface..............................................................................................................................2 I. Purpose and Objectives.................................................................................................3 II. Scope............................................................................................................................5 III. Responsibility and Control...........................................................................................6 IV. Investment Committee.................................................................................................8 V.Suitable and Authorized Investments...........................................................................9 VI. Investment Parameters..............................................................................................12 VII. Investment Procedures.............................................................................................14 VIII.Custodial Credit Risk Management.........................................................................16 IX.Arbitrage....................................................................................................................17 X. Depositories................................................................................................................18 XI. Investment Policy Adoption.......................................................................................19 1 Attachment 1 PREFACE "A public office is a public trust." Charles Sumner, 1872 If a public office is a public trust,then the trust must be administered properly. Public funds are acquired by governments largely through involuntary payments, particularly through taxation. In a modern democratic society, public officials are obligated to manage these funds in a disciplined manner. In most cases, laws govern the investment process. Laws alone however cannot compel public officials to a series of actions that assure the public's best interests. The actions of public officials responsible for investing public funds must be guided by knowledge, skills, systems, policies, procedures and confidence that can be described only as professional discipline. It is the policy of the City of North Richland Hills that, giving due regard to safety and risk of investments, all available funds shall be invested in conformance with these legal and administrative guidelines, and, to the maximum extent possible, at the highest rates obtainable at the time of the investment. Effective cash management is recognized as essential to good fiscal management. An a mo wt effbcfivecash management and investment policy will be pursued to take advantage of investment interest as viable and material revenue to all operating and capital funds. Investment income will be used in a manner that will best serve the interest of the City of North Richland Hills. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. 2 Attachment 1 I. PURPOSE AND OBJECTIVES A. Purpose The purpose of this document is to set forth the specific investment policy and strategy guidelines for the City of North Richland Hills.All investment activity shall be consistent with Texas law as defined in Government Code 10, Chapter 2256, known as the Public Funds Investment Act(the Act),and local law. -safety of investments and City funds -preservation of capital and protection of principal -maintenance of sufficient liquidity to meet operating needs -diversification of investments to avoid unreasonable risks -public trust from prudent investment activities -optimization of investment income for the City's portfolio The City is required under the Public Funds Investment Act, Section 5, to adopt a formal written Investment Policy regarding the investment of its funds and funds under its control.This policy is to be adopted annually to meet the requirements of the Act, and has been revised periodically to comply with updated state requirements.The City of North Richland Hills'Ordinance Number 2079 states that all investment activities and procedures shall be governed by a written Investment Policy. The Investment Policy addresses the methods, procedures, and practices that must be exercised to ensure the effective and judicious management of the City's funds. B. Objectives The City shall manage and invest its cash with four primary objectives, listed in the order of priority: safety, liquidity, public trust, and yield, expressed as optimization of investment income. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. An af, : t�o tu�°e,effb cash management program and investment policy will be a,a u . pursued by the Investment Officer to take advantage of investment interest as viable and material revenue to all operating and capital funds. Cash management is defined as the process of managing monies in order to ensure maximum cash availability and maximum investment income on short-term investments of idle cash. The City's portfolio shall be designed and managed in a manner responsive to the public trust. Income from investments will be used in a manner that will best serve the interests of the City of North Richland Hills. 1. Safety Safety of invested principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit and interest rate risk. a. Credit Risk and Concentration of Credit Risk 3 Attachment 1 The City will minimize credit risk,the risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk, the risk of loss attributed to the magnitude of investment in a single issuer, by: (1) Limiting investments to high credit quality investments, (2) Pre-qualifying the financial institutions and broker/dealers with which the City will do business,and (3) Diversifying the investment portfolio to minimize potential losses on individual issuers. b. Interest Rate Risk The City will manage the risk that the investment income and the market value of investments in the portfolio will fall due to changes in the general interest rates by: (1) Structuring the investment portfolio so that investments mature to meet cash requirements for ongoing operations. From time to time, securities may be purchased at a premium or traded for other securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve optimal investment return, provided any of the following occurs with respect to the replacement security: A. The yield has been increased,or B. The maturity has been reduced or lengthened,or C. The quality of the investment has been improved. (2) Investing operating funds primarily in certificates of deposit,shorter- term securities, money market mutual funds, or local government investment pools functioning as money market mutual funds, (3) Diversifying maturities and staggering purchase dates to minimize the impact of market movements over time,and (4) Limiting the maximum weighted average maturity of the investment portfolio to 3 years. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be anticipated,a portion of the portfolio will be invested in shares of money market mutual funds or local government investment pools that offer same-day liquidity. 4 Attachment 1 3. Public Trust All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officers shall avoid any transaction that might impair public trust in the City's ability to govern effectively. 4. Yield(Optimization of Investment Income) The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. II. SCOPE This investment policy applies to all financial assets of the City of North Richland Hills in all current funds, any funds to be created in the future, and any other funds held in custody by the City, unless expressly prohibited by law or unless it is in contravention of any depository contract between the City and its depository bank. However, this policy does not apply to the assets administered for the benefit of the City by outside agencies. These funds are accounted for in the City's Annual Comprehensive Financial Report and include: e Operating Funds Formatted:Bulleted+Level:1+Aligned at: 0.5"+Indent General Fund at: 0.75° • Special Investigation Fund • Drainage Utility Fund �W Crime Control and Prevention District Fund • ELu«ll:,.... au« ;poirn and Goveirirnurrneirn,..., ««eas .. • Promotional Fund • Economic Development Fund • Donations Fund • Parks and Recreation Facilities Development Fund • Grant Fund • Gas Development Fund • Traffic Safety Fund • Utility Fund • Aquatic Park Fund • Golf Course Fund • Facilities/Construction Management Fund • Fleet Services Fund • Self-Insurance Fund • Information Services Fund 5 Attachment 1 W..........Capital Improvement Funds Tax Increment FinancingDistrict Funds Formatted:Bulleted+Level:1+Aligned at: 0.5"+Indent g at: 0.75" Debt Service Funds Formatted:Bulleted+Level:1+Aligned at: 0.5"+Indent (at: 0.75" General Fund Balance Reserve Formatted:Bulleted+Level:1+Aligned at: 0.5"+Indent at: 0.75" Revenue Bond Reserves The City will consolidate cash balances from all funds with the exception of bond proceeds to optimize investment income. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. RESPONSIBILITY AND CONTROL A. Delegation of Authority This Investment Policy and the outlining of investment practices and authorities is compiled in accordance with the Public Funds Investment Act, which requires the adoption of rules governing investment policies and strategies and the designation of an Investment Officer, as well as City Ordinance Number 2079 which designates investment officers and provides prudent investment rules. Collateral requirements are created in accordance with the Public Funds Collateral Act(Texas Government Code 10,Chapter 2257). Ultimate responsibility and authority for all investment transactions and cash management reside with the City Manager and the City's Director of Finance. The Director of Finance is also responsible for considering the quality and capability of staff to be involved in investment management and procedures. The Director of Finance may delegate responsibility for the day-to-day investment activities to other qualified staff members. These staff members will be termed Investment Officers of the City. One of these Investment Officers will be designated the Primary Investment Officer by the Director of Finance to conduct daily investment activity and prepare required investment reports. Investment Officers will not conduct any investment or banking activities involving City funds until a resolution or ordinance giving them authority to do so has been approved by the City Council of the City of North Richland Hills. All participants in the investment process shall seek to act responsibly as custodians of public trust. B. Quality and Capability of Investment Management The City shall provide periodic training in investments for the designated Investment Officers and other investment personnel through courses and seminars offered by professional organizations, associations, and other independent sources approved by the Investment Committee in order to ensure the quality and capability of investment management in compliance with the Public Funds Investment Act. 6 Attachment 1 C. Training Requirements In accordance with the Public Funds Investment Act,all authorized Investment Officers shall attend an investment training session not less than once each state fiscal biennium and shall receive not less than eight hours of instruction relating to investment responsibilities. A newly appointed Investment Officer must attend a training session of at least ten hours of instruction within twelve months of taking over or assuming duties and attend an investment training session not less than once in a two-year period that begins on the first day of the local government's fiscal year and consists of the two consecutive fiscal years after that date. The training shall be provided by an independent source approved by the Investment Committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include: a professional organization, an institution of higher education,or any other sponsor certified to provide such training. D. Management and Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure the City's assets are protected from loss, theft,or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2)the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: • Minimize risk of collusion • Separation of transactions authority from accounting and record keeping • Custodial safekeeping • Avoidance of physical delivery securities • Clear delegation of authority to subordinate staff members • Written confirmation for telephone (voice) transactions for investments and wire transfers • Development of a wire transfer agreement with the depository bank or third-party custodian E. Prudence The standard of prudence to be applied by the Investment Officer shall be the"prudent investor"rule,which states:"Investments shall be made with judgment and care,under circumstances then prevailing,which persons of prudence,discretion,and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived." It should be noted that, in a diversified portfolio, occasional losses are inevitable and must be considered within the context of the overall portfolio's return. In determining whether an Investment Officer has exercised prudence with respect to an investment decision, the determination shall take into consideration the investment of all funds, or funds under the City's control, over which the Investment Officer had 7 Attachment 1 responsibility rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written investment policy of the City. F. Indemnification The Investment Officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported in a timely manner and appropriate action is taken to control the effects of such adverse developments. The City shall provide for the defense and indemnification of any Investment Officer or Investment Committee member who is made party to any suit or proceeding, other than by actions of the City, or against whom a claim is asserted by reasons of their actions taken within the scope of their service as Investment Officers or appointed members of the Investment Committee. Such indemnity shall extend to judgments, fines, and amounts paid in settlement of any such claim, suit or proceeding, including any appeal thereof. This protection shall extend only to members who have acted in good faith and in a manner which they reasonably believe to be in, or not opposed to, the best interests of the City. G. Ethics and Conflicts of Interest City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff should disclose to the City Manager any material personal financial investments in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An Investment Officer of the City who has a personal business relationship,as defined by the Public Funds Investment Act of 1997, Section 2256.005(i),with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An Investment Officer who is related within the second degree of affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A disclosure statement required under this section must be filed with the Texas Ethics Commission and the governing body of the City. IV. INVESTMENT COMMITTEE An Investment Committee shall be established to assist in monitoring the performance and structure of the City's portfolio and approved brokers. Members of this committee shall include the Director of Finance (as Chairman) and the Assistant Director of Finance as permanent members. Additional members, numbering no less than three, will be appointed at the discretion of the Director of Finance. The Primary Investment Officer will report to and make recommendations to the Investment Committee, but will 8 Attachment 1 have no vote concerning investment policy or suitability of investments. Any matters presented to the committee requiring a vote of the members shall be passed or denied by a simple majority. The Investment Officer or any other member of the committee shall have the power to call meetings of the committee.The committee shall meet no less than quarterly. The Investment Committee shall perform the following functions: 1. Approve the process of selecting authorized dealers, brokers, investment advisors,and safekeeping agents/custodians used by the City. 2. Review the City's general portfolio activity and performance for compliance to this policy and recommend any changes or amendments to this policy to the City Council. 3. Approve the Investment Strategy document, as prepared by the Investment Officer. This document is required by State law to be separate from the Investment Policy. The Investment Strategy will be a guide to the investment of all funds controlled by the City as described in Section II of the Investment Policy.The strategy is intended to adapt to changes in market conditions. 4. Advise the Investment Officer as to recommendations regarding investment strategy and portfolio performance. 5. Immediately notify the Investment Officer of any information brought to their attention that materially affects the portfolio or the marketability of any investments purchased in accordance with the Investment Policy. 6. Oversee the activities of the persons designated to carry out investment transactions and inform the City Council of unaddressed concerns with the management of the City's investment portfolio. V. SUITABLE AND AUTHORIZED INVESTMENTS The City's portfolio investment strategy seeks to match investment maturities with cash flow requirements for the portion of the portfolio where maturity dates can be matched with cash flow requirements and investments are able to be purchased with the intention of being held until maturity. However, investments may be liquidated prior to maturity for the following reasons: - An investment may be liquidated early to minimize loss of Principal - Cash flow needs of the City require that the investment be liquidated - An investment can be liquidated prior to maturity in the event that the gain and, or, overall benefit from selling and reinvesting the security is greater than the benefit that would be realized if the security continued to be held to maturity.This will occur primarily in the core portion of the city's portfolio that is available for longer term investment. 9 Attachment 1 City funds governed by this policy may be invested in the instruments described below, all of which are authorized by Chapter 2256 of Government Code 10 (Public Funds Investment Act), with further restrictions imposed by local ordinances. Investments of City funds in any instrument or security not authorized for investment under the Act and City ordinance is strictly prohibited. The City will not be required to liquidate an investment that becomes unauthorized, for reasons other than loss of rating, subsequent to its purchase. All prudent measures will be taken to liquidate an investment that is downgraded to less than the required minimum rating. A. Authorized Investments 1. Obligations of the United States, its agencies,and instrumentalities 2. Direct Obligations of the State of Texas or its agencies 3. Collateralized Mortgage Obligations ("CMOs") directly issued by a federal agency or instrumentality of the United States,the underlying security for which is guaranteed by an agency or instrumentality of the United States 4. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, backed by the full faith and credit of,this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States 5. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality of not less than A or its equivalent by a nationally recognized investment rating firm 6. Depository certificates of deposit issued by a Texas depository institution and brokered certificate of deposit securities as permitted by Texas Public Funds Investment Act section 2256.010. Depository certificates of deposit must be guaranteed or insured by the Federal Deposit Insurance Corporation or its successor,and secured by obligations in a manner and amount as provided by law-and the Collateral Requirements of this Policy. Depository certificates of deposit may include spread products. Brokered certificates of deposit securities must be insured by the FDIC. 7. Fully Collateralized Repurchase Agreements that are structured in compliance with the Public Funds Investment Act. A flexible repurchase agreement can be utilized for the investment of bond proceeds to meet projected cash outflows. Repurchase agreements must be: secured by a combination of cash and obligations of the United States or its agencies and instrumentalities; pledged to the City or held in the City's name;deposited at the same time the investment is made; and have a defined termination date. Flexible repurchase agreements (Flex-Repos) must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or financial institutions doing business in this state. Flex-Repos may be utilized on new bond issues as deemed necessary and advantageous to the City. Repurchase Agreements will only be executed with counterparties that have signed a TBMA Tri-Party Repurchase Agreement with the City. 10 Attachment 1 8. Commercial Paper a. Commercial Paper is an authorized investment of this policy if the commercial paper: (1) Has a stated maturity of 365 days or fewer from the date of issuance;and (2) Is rated not less than A-1 or P-1 or an equivalent by at least: (a) Two nationally recognized credit rating agencies;or (b) One nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. 9. Mutual Funds a. No-load Money Market Mutual Funds are acceptable investments provided they are registered and regulated by the Securities and Exchange Commission, comply with SEC rule 2a-7 and provide the City with a prospectus and other information required by the Securities Exchange Act of 1934 or the Investment Company Act of 1940. b. No-load Mutual Funds are acceptable investments provided they are registered and regulated by the Securities and Exchange Commission, provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 or the Investment Company Act of 1940, and confirm to all requirements of Section 2256.014 of the Public Funds Investment Act relating to no-load mutual funds. 10.Investment Pools a. Investment pools must provide the Investment Officer with an offering circular or other similar disclosure instrument that contains specific and detailed information required by the Act.Additionally, the pool shall provide transaction confirmations, detailed monthly transaction summaries, and monthly performance reports to the Investment Officer. The specific requirements for authorized investment pools are detailed in the Public Funds Investment Act, Subchapter A, Section 2256.016. Authorized pools must maintain credit ratings no lower than AAA or AAAm or an equivalent rating by at least one nationally recognized rating service. An investment pool shall invest the funds it receives from entities in authorized investments permitted by the Public Funds Investment Act. b. In order to participate in an investment pool, the City Council must approve by resolution or ordinance a Participation Agreement or Inter-local Agreement to be executed with the State or Inter-local authority responsible for the investment pool. This agreement will specify the City's authorized representatives and the standard delivery instructions for fund transfers and information reports. 11 Attachment 1 11. Interest Bearing Accounts a. Must be fully FDIC insured;or b. Be fully Collateralized on balances over FDIC Limit and be an established bank in Texas per the Texas City Depository Act, Local Government Code, Chapter 105. B. Unauthorized Investments The following investment instruments are specifically not authorized: 1. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal (Collateralized Mortgage Obligations (CMO) - derived Interest Only Strips), 2. Obligations whose payment represent the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest (CMO-derived Principal Only Strips), 3. Collateralized Mortgage Obligations that have a stated final maturity date of greater than ten(10)years, 4. Collateralized Mortgage Obligations whose interest rates are determined by an index that adjusts opposite to the changes in a market index(Inverse Floaters), 5. Certificates of Deposit and other investments issued by Savings and Loans, 6. Share Certificates and other investments issued by Credit Unions,and 7. Guaranteed Investment Contracts. VI. INVESTMENT PARAMETERS A. Diversification Diversification of funds and investments must be accompanied by competitive bidding of all investments to assure diversification among securities dealers. Diversification is necessary to reduce the portfolio's credit and market risks, while helping the portfolio attain a market rate of return. The City shall seek to conduct its investment transactions with several competing, reputable investment security dealers and brokers to protect principal while optimizing interest opportunities. To assure diversification of financial institutions, business involving two party transactions (i.e. repurchase agreements)with any one investment broker should be limited to thirty percent (30%) of the par value of the total portfolio for any reporting period. In this way, a bankruptcy, receivership, or legal action would not immobilize the City's ability to meet payroll,operating,or other expenses. 12 Attachment 1 It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. B. Investment Type Depositories for Municipal Funds (Chapter 105, Local Government Code), the Public Funds Investment Act(Chapter 10, Government Code), and City Ordinance Number 2079 authorize depositories and define allowable investment programs for municipal governments. It is the policy of the City to purchase only securities authorized by both the Public Funds Investment Act and Section V., subsection A., of the City's investment policy. Market risk shall be minimized by diversification of investment types. The following guidelines, by instrument,are established for the City's total portfolio: 1. Repurchase Agreements 50% 2. Certificates of Deposit 50% 3. U.S.Treasury Notes/Bonds/Bills 100% 4. U.S.Agencies and Instrumentalities 75% 5. Commercial paper 40% 6. State and Local Bonds and Notes 20% 7. Money Market Mutual Funds 80% 8. Mutual Funds 15% 9. Investment Pools 100% The maximum maturity of any given investment in the portfolio shall not exceed a final, stated maturity of 5 years from the date of purchase and overall portfolio weighted average maturity is not to exceed 3 years. Investments should be evaluated at the time of purchase to comply with the diversification of each investment type as outlined above. Reductions in the size of the portfolio due to cash outflows may cause an investment type to exceed the maximum percentage allowed for that investment type. To allow for efficient and effective placement, a singular repurchase agreement can be utilized for the investment of bond proceeds, which exceeds the 50% limitation. Furthermore,the City is authorized to invest bond proceeds or revenue pledged to the payment of debt obligations only to the extent permitted by the Public Funds Investment Act, in accordance with the provisions governing the debt issuance and the City's approved investment policy regarding the debt issuance. 13 Attachment 1 VII.INVESTMENT PROCEDURES The City's portfolio shall be designed with the objective of obtaining a rate of return through budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow requirements. The risk-return relationship will be controlled through the investment parameters, operating requirements, and guiding policies of the City Council. Market value of all securities owned will be compared to current book value of those securities to determine portfolio performance on a quarterly basis.Safety of principal is the foremost objective of this investment policy. The City will practice competitive bidding when purchasing all investments to guarantee the highest rate of return for the desired maturity date.The right is reserved to reject the most financially favorable bid if it is potentially disruptive to the investment strategy or portfolio composition of the City. A. Approval of Broker/Dealers It is the policy of the City to purchase securities only from those institutions on the City's approved list of broker/dealers. The Investment Committee shall at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. All securities dealers must be registered and certified with the Texas State Securities Commission, Financial Industry Regulatory Authority("FINRA"),and Securities and Exchange Commission("SEC"). Those firms that request to become qualified bidders for securities transactions, including financial institutions, banks, money market mutual funds, and local government investment pools, will be required to provide a completed broker/dealer questionnaire that provides information regarding creditworthiness, experience, and reputation. This list may be revised by the Investment Committee as the City's investment needs change. The Investment Committee shall approve all broker/dealers and shall also have the ability to limit the number of authorized securities dealers/banks doing business with the City. It is the policy of the City to purchase securities from the broker/dealers on the investment manager's approved list. The City authorizes the investment manager to engage in security transactions with broker/dealers on a carefully monitored broker/dealer list. The Investment Committee shall at least annually review the list of broker/dealers with investment manager. B. Investment Transactions It is the policy of the City of North Richland Hills to require competitive bidding for all individual security purchases and sales except for transactions with money market mutual funds and local government investment pools.All investment transactions must be approved by the Assistant Director of Finance, the Director of Finance, or registered investment advisor as appointed by the City Manager to execute transactions on behalf of the City, or in their absence, an authorized Investment Officer. All securities purchased shall require delivery on the settlement date to the City or its third-party accounts on a delivery versus payment ("DVP") basis, with the exception of investment pools and mutual funds. By so doing, City funds are not 14 Attachment 1 released until the City has received, through the Federal Reserve wire, the securities purchased. C. Investment Reporting The Public Funds Investment Act and City Ordinance Number 2079 require the preparation of quarterly management reports and an annual report of all investment transactions of the City be presented to the City Council. The fourth quarter report for the fiscal year will be considered as the annual report. The Primary Investment Officer will prepare the required quarterly and annual reports for evaluating investment portfolio performance. The reports will be approved and signed by all members of the Investment Committee. The reports will include the following information, as required by the Public Funds Investment Act: 1. A summary narrative of investment activity and portfolio performance over the Period 2. Size and composition of portfolio at the beginning and end of the reporting period 3. List all investments according to the fund for which they were purchased 4. Beginning and ending book and market value for all securities held 5. Beginning and ending book and market value for the total portfolio 6. All additions and changes to the market value during the period 7. State the compliance of the portfolio to the investment policy and the Public Funds Investment Act 8. Yield 9. Diversification of investments 10.Total sales,maturities,and purchases 11.Accrued interest 12. Performance compared to an established benchmark These quarterly reports should be used along with the annual report to fully evaluate and explain market trends and adjustment of investment strategies to manage market fluctuations.The annual report will show on a fiscal year basis the results of the overall investment strategy. The quarterly reports will conform to GAAP and be reviewed annually by the City's independent auditor,with results reported to the City Council. D. Marking to Market Market value of all securities in the portfolio will be determined on a quarterly basis. These values will be obtained from a reputable and independent source and disclosed to the governing body in the quarterly investment report. 15 Attachment 1 VIII. CUSTODIAL CREDIT RISK MANAGEMENT A. Safekeeping and Custodial Agreements The laws of the State of Texas and prudent treasury management require that all purchased securities shall be held in safekeeping/custody by a third-party financial institution,or the City's safekeeping account with its designated depository bank. All securities owned by the City shall be held by a third-party safekeeping agent, or in the Federal Reserve Bank,except for certificates of deposit. For certificates of deposit with FDIC insurance and collateral;the City will hold the deposit receipt. Transfers of securities in safekeeping shall be processed with written confirmations. The confirmation will be used for documentation and retention purposes. One of the City's designated Investment Officers must approve release of collateral prior to its removal from the safekeeping account. B. Collateral Policy Consistent with the requirements of Texas law as defined in Government Code 10, Chapter 2257, known as the Public Funds Collateral Act, it is the policy of the City to require full collateralization of all City investments other than obligations of the United States and its agencies and instrumentalities. Collateral on investments shall be maintained by an appropriate third-party safekeeping agent,as designated by the City. This policy also applies to any deposits held in an approved depository in excess of the amount protected by FDIC insurance. The City of North Richland Hills shall accept only the following securities as collateral: 1. FDIC insurance coverage 2. A bond, certificate of indebtedness,or Treasury Note of the United States,or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States 3. Obligations of the United States, its Agencies,and Instrumentalities 4. A bond of the State of Texas or of a county, city,or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of ten(10)years or less Certificates of deposit plus accrued interest per non-depository bank do not need to be collateralized pursuant to this policy as long as FDIC insurance is provided. Certificates of Deposit, including accrued interest must be secured by approved collateral for the amount in excess of FDIC insurance coverage. Collateral is valued at current market plus interest accrued through the date of the valuation. Collateral shall be marked to market daily and monitored by the respective banks to determine if adequate collateral ization is being maintained. All collateral will represent at least 102%of value of deposits. 16 Attachment 1 Collateral levels should be maintained during an investment transaction. The amount placed in the bank to cover the cost of a security purchase should be fully collateralized in the event the security fails to be delivered to the safekeeping agent. Collateralized investments often require substitution of collateral. Any broker or financial institution requesting substitution must contact the Primary Investment Officer, or in his absence any other authorized Investment Officer, for approval and settlement. The substituted collateral's value will be calculated and the substitution approved if its value is equal to or greater than the original collate ralization level. The Director of Finance, or an authorized designee, must give immediate notification of the decision to the bank or third party holding the collateral.Substitution is allowable for all transactions, but should be limited, if possible, to minimize potential administrative problems and transfer expense. The Director of Finance may limit substitution and assess appropriate fees if substitution becomes excessive or abusive. Collateral shall be audited at least annually by the City's independent audit firm, and may be audited by the City at any time during normal business hours of the safekeeping party. The financial institutions with which the City invests and/or maintains other deposits shall provide,as requested by the City,a listing of the City's certificates of deposit and other deposits at the institution and a listing of collateral pledged to the City marked to current market prices. The listing shall include total pledged securities with the following information: Name Type/description CUSIP Par value Current market value Maturity date Moody's or Standard&Poor's rating(both if available) Under Chapter 2257, Public Funds Collateral Act,substitution and release of collateral must be approved by the governing body. City of North Richland Hills Ordinance Number 2079 Section 3 delegates the Investment Officers' overall responsibilities to ensure that investment objectives are accomplished, and therefore, the authority to release and substitute collateral as deemed necessary and reasonable within the guidelines of this policy. IX. ARBITRAGE The Tax Reform Act of 1986 (Title 26 U.S.C. Section 148) provides limitations on the City's yield from investing tax-exempt bond proceeds and debt service funds. These arbitrage rebate provisions require that the City compute earnings on investments from each issue of bonds on a periodic basis to determine if a rebate is required. To determine the City's arbitrage position,the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provisions state that periodically(not less than once every five years, and not later than sixty days after maturity of the bonds),the City is required to pay the U.S.Treasury a 17 Attachment 1 rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and to rebate excess earnings, if necessary. X. DEPOSITORIES The Texas City Depository Act, Local Government Code Chapter 105, prescribes procedures for selection of a city depository designating that both general-law and home- rule cities are "authorized to receive applications (as depository) for the custody of city funds from any bank, credit union or savings association that maintains a place of business within the state of Texas." This clause indicates that cities are not required to designate one central depository. The City of North Richland Hills will, through a request for proposals process, designate one or more banks to serve as its primary depository(ies) to maximize investment capabilities and minimize banking cost. The depository designation does not limit investment activity to one financial institution. The consideration the City of North Richland Hills will use to execute a banking services contract will include: • Ability of Bank to perform and provide the required and requested services • Reputation of bidder and quality of services provided • Cost of banking services • Interest paid on interest bearing accounts and deposits • Earnings credit calculation on account balances • Completeness of proposal and agreement to points outlined in the request for proposals • Convenience of locations • Previous service relationship with the City • Financial strength and stability of institution Obtaining competitive proposals on the City's depository specifications will be the responsibility of the Director of Finance. Selection of the depository shall be based on the institutions offering the most favorable terms and conditions for the handling of City funds and the services available to the City. The maximum term for a depository contract under State law is five years. The City's contract shall not exceed five years.A performance review will be conducted at least once every six months by the Investment Committee to evaluate the working relationship between the City and the depository bank. Special banking needs may be contracted for by the City outside the depository contract if approved by City Council. If a depository does not meet the City's requirements in the banking services contract, the bank will be required to meet the requirements within ninety days or lose the depository contract. 18 Attachment 1 XI. INVESTMENT POLICY ADOPTION The investment policy shall be adopted by ordinance or resolution of the City Council. It is the City's intent to comply with state laws and regulations. The policy shall be reviewed annually by the Investment Committee and the City Council. City Ordinance Number 2079 states that policy revisions that require enactment due to updates of applicable state or federal laws may be authorized by the City Manager; however, other significant revisions must be approved by the City Council. 19 At I a En men a�. i/Oiio m J � L � r I 1 I Nl u f RichlandNorth StrategyInvestment Adopted: P1111 OVI 11°"r I � . City of North Richland Hills Email: Finance@nrhtx.com Tel: 817.427.6166 Website: www.nrhtx.com 4301 City Point Dr. i North Richland Hills, TX 76180 Attachment 2 TABLE OF CONTENTS Page Preface................................................................................................................................ 2 InvestmentStrategy............................................................................................................ 3 I. Operating Funds ..................................................................................................... 3 II. Capital Improvement Funds ................................................................................... 4 III. Debt Service Funds ................................................................................................ 5 IV. General Fund Balance Reserves ........................................................................... 6 V. Revenue Bond Reserves........................................................................................ 7 1 Attachment 2 PREFACE It is the policy of the City of North Richland Hills that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, and the adopted Investment Policy and Investment Strategy. In accordance with the Public Funds Investment Act(Texas Government Code 10, Chapter 2256), the City of North Richland Hills' investment strategies shall address the following priorities (in order of importance): • Understanding the suitability of the investment to the financial requirements of the City • Preservation and safety of principal • Liquidity • Marketability of the investment prior to maturity • Diversification of the investment portfolio • Optimization of interest earnings Effective investment strategy development coordinates the primary objectives of the City of North Richland Hills' Investment Policy and cash management procedures to enhance interest earnings and reduce investment risk. ggressv r e III �fecfly cash management will increase the available "investment period" and subsequently interest earnings. Maturity selections shall be based on cash flow and market conditions to take advantage of various interest rate cycles. The City's investment portfolio shall be designed and managed in a manner responsive to the public trust and consistent with the Investment Policy. The City's Funds shall be analyzed and invested according to the following major fund types: I. Operating Funds II. Capital Improvement Funds III. Debt Service Funds IV. General Fund Balance Reserve V. Revenue Bond Reserves 2 Attachment 2 INVESTMENT STRATEGY In orderto minimize risk of loss on a sale because of fluctuating market prices, investment maturities will not exceed the anticipated cash flow requirements of the funds. In general, the City will structure the investment portfolio so that investments mature to meet cash requirements for ongoing operations. From time to time, securities may be purchased at a premium or traded for other securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve optimal investment return, provided any of the following occurs with respect to the replacement security: A. The yield has been increased, or B. The maturity has been reduced or lengthened, or C. The quality of the investment has been improved. Investment guidelines by fund type are as follows: I. Operating Funds The City of North Richland Hills Operating Funds are as follows: • General Fund • Special Revenue Funds o Special Investigation Fund o Drainage Utility Fund Crime Control and Prevention District Fund o . .i. ....... .......in �.. ov.e.......r....ir.......r..°.T....'.i..e........r....r..t...a........I..........................e....s ...............................t................................................................ ...........................:�.............. o Promotional Fund ....................."....I.II...�.....II.I:....:...�...:..�....'..'.........I....:...�...�....ir............. o Economic Development Fund o Donations Fund o Parks and Recreation Facilities Development Fund o Grant Fund o Gas Development Fund o Traffic Safety Fund • Enterprise Funds o Utility Fund o Aquatic Park Fund o Golf Course Fund • Internal Service Funds o Facilities/Construction Management Fund o Fleet Services Fund o Self-Insurance Fund 3 Attachment 2 o Information Services Fund ax Iincirgy,ieint I::iinainbing [listirict I::uinds, 4 Attachment 2 4w. �iRiFeFneiRit III iiiRORIwRlg t. w,..ut0it F�44R[ ,..0 1) Suitability - Any investment eligible in the Investment Policy is suitable for the Operating Funds. 2) Safety of Principal - All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will occur. By managing the weighted average years to maturity for the operating fund portfolio to be less than 3 years and restricting the maximum allowable maturity to five years, the price volatility of the overall portfolio will be minimized. 3) Marketability-Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity-The Operating Funds require the greatest short-term liquidity of any of the fund types. Short-term investment pools and government money market mutual funds shall provide liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. 5) Diversification - Investment maturities shall be staggered throughout the fiscal year to provide cash flow based on the anticipated operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure not to exceed the weighted average maturity allowed by the Investment Policy, and through diversification by market sector. 6) Yield -Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints, and cash flow requirements. II. Capital Improvement Funds The City of North Richland Hills Capital Improvement Funds are comprised of the monies available from the sale of debt and other sources to finance capital improvement projects. Bond proceeds are segregated from operating funds on the general ledger and in investment accounts for arbitrage compliance purposes. Capital Improvement Funds include all funding for the design and construction of capital projects, including streets, drainage facilities, utility adjustments, park improvements, and municipal buildings as well as the acquisition of capital assets. 1) Suitability - Any investment eligible in the Investment Policy is suitable for Capital Improvement Funds. 5 Attachment 2 2) Safety of Principal - All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will occur. By managing the various Capital Improvement accounts in anticipation of cash flow requirements, the impact of market risk for the portfolio will be minimized. 3) Marketability-Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity-The City's funds used for construction and capital improvement programs have reasonably predictable draw down schedules. Therefore, investment maturities shall generally follow the anticipated cash flow requirements. Investment pools and government money market mutual funds shall provide readily available funds generally equal to one month's anticipated cash flow needs, or a competitive alternative for short-term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any expenditure request. This investment structure is commonly referred to as a Flexible Repurchase Agreement. 5) Diversification - Market conditions and arbitrage regulations influence and limit the selection and the laddering of maturities of fixed rate investments for bond proceeds and other construction and capital improvement funds. When investing these types of funds, every effort will be made to at least meet the maximum allowed yield, and to select and ladder maturities to meet the cash flow needs of the funds. Maturities should not exceed the normal life of the underlying projects supported by the fund. 6) Yield - Achieving a positive spread to the applicable arbitrage yield is the desired objective for bond proceeds. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. III. Debt Service Funds The City's Debt Service funds include the General Debt Service Fund and the Sales Tax Revenue Debt Service Fund. The General Debt Service Fund is funded from ad valorem tax collections and transfers from various other funds. The Sales Tax Revenue Debt Service Fund is funded solely from transfers from the Park and Recreation Facilities Development Fund. 1) Suitability -Any investment listed as eligible in the Investment Policy is suitable for the Debt Service Funds. 2) Safety of Principal - All investments shall be in high quality securities with no 6 Attachment 2 perceived default risk. Market price fluctuations will however occur. By limiting the Debt Service Funds Portfolio maturity dates to the next scheduled debt service payment, the market risk of the overall portfolio will be minimized. 3) Marketability - Securities with active and efficient secondary markets are not necessary as the event of an unanticipated cash requirement is not probable. 4) Liquidity - Debt service funds have predictable payment schedules. Therefore, investment maturities shall not exceed the anticipated cash flow requirements. Investment pools and government money market mutual funds may provide a competitive yield alternative for time deposits and short-term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any expenditure request. This investment structure is commonly referred to as a Flexible Repurchase Agreement. 5) Diversification - Market conditions influence the attractiveness of fully extending maturities to the next unfunded payment date. At no time shall the debt service schedule be exceeded in an attempt to bolster yield. 6) Yield -Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. IV. General Fund Balance Reserve The City's objective regarding the General Fund Balance is to maintain a sufficient fund balance to operate the City for a period of sixty days or 15% of the following year's budgeted expenditures. The amount of funds to be invested in non-liquid investments shall be limited to not more than 50% of this amount of the General Fund Balance. Non-liquid investments are those instruments that require greater than one day to become liquid. 1) Suitability -Any investment eligible in the Investment Policy is suitable for General Fund Balance Reserves. 2) Safety of Principal — Generally, the investment quality of all securities allowed as investments in the Operating Funds will be allowable in the General Fund Balance Reserve. All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will occur. Under no circumstance shall any investment from this portfolio cause the combined portfolio's weighted average maturity to exceed the three year maximum allowed by the Investment Policy. The maximum allowable individual maturity is restricted to five years. 7 Attachment 2 3) Marketability-Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity -The Fund Balance Reserve requires the liquidity necessary to cover the City's expenditures in the event of a cash shortfall. Short-term investment pools and government money market mutual funds shall provide liquidity and may be utilized as a competitive yield alternative to time deposits and fixed maturity investments. 5) Diversification—Maturing investments shall be reinvested within the desired maturity to provide cash flow in the event that cash is needed for the operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure throughout three years and through diversification by market sector. 6) Yield -Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. V. Revenue Bond Reserves Debt service reserves are required by bond covenants for a particular revenue bond issue. 1) Suitability - Any investment eligible in the Investment Policy is suitable for Debt Service Fund Reserves. 2) Safety of Principal — Generally, the investment quality of all securities allowed as investments in the Operating Funds will be allowable in the Debt Service Fund Reserve. All investments shall be in high quality securities with no perceived default risk. Market price fluctuations will occur. Under no circumstance shall any investment from this portfolio cause the combined portfolio's weighted average maturity to exceed the maximum allowed by the Investment Policy. The maximum allowable individual maturity is restricted to five years. 3) Marketability-Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. By utilizing the yield advantages of fixed income securities, maximum yield should be attained while meeting cash requirements. 4) Liquidity - The Debt Service Reserve Funds require the amount of liquidity 8 Attachment 2 necessary to convert securities into cash if needed for payment of debts on schedule. Short-term investment pools and government money market mutual funds shall provide liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. 5) Diversification - Market cycle risk will be reduced by diversifying the appropriate maturity structure within 5 years and through diversification by market sector. 6) Yield - Attaining a competitive market yield for comparable security-types and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. 9 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Consider Resolution 2023-083, appointing eight representatives to the North Richland Hills Tax Increment Reinvestment Zone Number 3 Board of Directors, each to serve a two-year term beginning January 1, 2024, and appointing a chairperson, to serve a one-year term beginning January 1 , 2024. PRESENTER: Mark C. Mills, Director of Finance SUMMARY: The purpose of this item is for City Council to appoint the North Richland Hills City Council as its representatives on the North Richland Hills Tax Increment Reinvestment Zone Number 3 and appoint a chairperson. Each board member will serve a 2-year term. The individual appointed as chairperson will serve as chairperson for a one-year term. GENERAL DESCRIPTION: In October 2019, the City of North Richland Hills created Tax Increment Reinvestment Zone Number 3 ("TIF 3") to promote the development and redevelopment of a certain area within its jurisdiction; as authorized by the Tax Increment Financing Act, Chapter 311, Texas Tax Code, as amended. The bylaws and the Ordinance that created TIF 37 Ordinance 3617, identify the number of directors that shall comprise the zone and the process of appointment for each entity that levies tax on real property identified within the zone. The board consists of nine (9) directors: eight (8) of whom shall be appointed by the North Richland Hills City Council ("the City"), and one (1) appointed by Tarrant County ("the County"). The Ordinance establishes that Council members are eligible to serve as Board members. Each board member shall serve two-year terms or until his or her successor is appointed. Because the current 2-year term of the city appointed board members expires in 2023, staff requests City Council reappoint the members of the City Council to fill its eight (8) seats on the TIF 3 Board. IrLp NOKTH KICHLAN HILLS Based on the action taken for this item, TIF 3's membership would be as follows: Name Office Entity Date of Expiration of Appointment Term Oscar Trevino Chair City of NRH 01/01/2024 12/31/2025 Tito Rodriguez City of NRH 01/01/2024 12/31/2025 Rita Wright Oujesky City of NRH 01/01/2024 12/31/2025 Suzy Compton City of NRH 01/01/2024 12/31/2025 Mason Orr City of NRH 01/01/2024 12/31/2025 Blake Vaughn City of NRH 01/01/2024 12/31/2025 Scott Turnage City of NRH 01/01/2024 12/31/2025 Kelvin Deupree City of NRH 01/01/2024 12/31/2025 Kathryn Rotter* Tarrant County 10/13/2023 10/12/2025 Staff also requests that Council appoint the Chairperson of the Board of Directors. Mayor Oscar Trevino currently serves as the Chairperson for TIF 3, with a term scheduled to expire on December 31, 2023. RECOMMENDATION: Approve Resolution 2023-083, appointing eight representatives to the North Richland Hills Tax Increment Reinvestment Zone Number 3 Board of Directors, each to serve a two-year term beginning January 1, 2024, and appointing a chairperson, to serve a one- year term beginning January 1, 2024. RESOLUTION NO. 2023-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPOINTING EIGHT REPRESENTIATIVES TO THE NORTH RICHLAND HILLS TAX REINVESTMENT ZONE NUMBER 3 BOARD OF DIRECTORS, AND APPOINTING A CHAIRPERSON. WHEREAS, the City Council of the City of North Richland Hills (the "City Council") previously adopted Ordinance No. 3617 creating Tax Increment Reinvestment Zone Number 3 ("TIF 3"), and WHEREAS, Ordinance No. 3617 provides that TIF 3 is to be overseen by a nine (9) member Board of Directors (the "Board"), of which each taxing unit that has approved the payment for all or part of the tax increment produced by the unit into the tax increment fund for TIF 3 has the right to appoint one (1) member each and the City Council has the right to appoint all remaining members; and WHEREAS, House Bill 2853, which was passed by the 83nd Texas Legislature and took effect on June 17, 2011, amended Section 311.009 of the Texas Tax Code regarding the appointment of members of the Board of tax increment reinvestment zones and prevails over any conflicting provision of Ordinance No. 2420; and WHEREAS, Section 311.009 (c) of the Texas Tax Code provides that Board members shall be appointed for a term of two (2) years unless otherwise indicated; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, the City Council has the right, at any time and for any reason, to appoint an individual to the Board to replace any current member appointed by the City Council for the remainder of that person's term; and WHEREAS, Section 311.009 (f) of the Texas Tax Code provides that the City Council must appoint one (1) member of the Board to serve as the Board's chairperson for a term of one (1) year beginning January 1 of the year. Resolution No. 2023-083 Page 1 of 3 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The City Council hereby appoints the persons listed below to the Board for terms beginning January 1, 2024, and expiring as indicated below: Name Expiration of Term Oscar Trevino December 31, 2025 Tito Rodriguez December 31, 2025 Rita Wright Oujesky December 31, 2025 Suzy Compton December 31, 2025 Mason Orr December 31, 2025 Blake Vaughn December 31, 2025 Scott Turnage December 31, 2025 Kelvin Deupree December 31, 2025 SECTION 2. The City Council hereby appoints the following Board member to serve as the Board's chairperson from January 1, 2024 through December 31, 2024. Name Expiration of Chair Oscar Trevino December 31, 2024 SECTION 3. The City Council hereby reserves the right, at any time and for any reason, to remove a Board member appointed by the City Council and to appoint individuals to the Board to replace any of the City Council-appointed Board members. SECTION 4. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED this the 13t" day of November, 2023. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer Resolution No. 2023-083 Page 2 of 3 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Director of Finance Resolution No. 2023-083 Page 3 of 3 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Consider Resolution No. 2023-084, casting the 37 votes allocated to North Richland Hills for one or more candidates in the Tarrant Appraisal District Board of Directors Election. PRESENTER: Mark Hindman, City Manager SUMMARY: The City Council is asked to consider casting the 37 votes allocated to North Richland Hills for one or more candidates to be elected to the Tarrant Appraisal District Board of Directors. GENERAL DESCRIPTION: In September of this year, the Tarrant Appraisal District (TAD) notified all affected taxing entities that the terms of service for the five members of the Tarrant Appraisal District (TAD) Board of Directors will expire on December 31, 2023. North Richland Hills has been allocated 37 votes (out of 5,000 total votes), which may be cast collectively or separately for any candidate(s) on the official ballot. Votes cast for persons not listed on the ballot will not be considered. A complete list of nominees on the official ballot is as follows: • Mr. Alan Blaylock • Mr. Rich DeOtte • Mr. Gary Losada • Mr. Jerald Miller • Ms. Gloria Pena • Mr. Vince Puente, Sr. • Mr. Jacob Wurman The attached resolution will cast 37 votes for one or more candidates as recommended by the City Council. Those candidates receiving the greatest number of votes out of the 5,000 votes cast will be elected to the TAD Board of Directors for a two-year term beginning January 1, 2024. The following items have been included as an attachment to this item: • Letter from TAD concerning the casting of votes • Copy of the official ballot • Candidate resumes • A list of current board members IrLp NOKTH KICHLAN HILLS RECOMMENDATION: Approve Resolution No. 2023-084, casting the 37 votes allocated to North Richland Hills for one or more candidates as recommended by the City Council to be elected to the Tarrant Appraisal District Board of Directors. RESOLUTION NO. 2023-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS CASTING ITS ALLOCATED VOTES IN THE ELECTION OF THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS, the City of North Richland Hills has been advised by the Chief Appraiser of the Tarrant Appraisal District that it is entitled to cast 37 votes for the candidates for the Tarrant Appraisal District Board of Directors; and WHEREAS, those 37 votes may be cast for one or more candidates appearing on the official ballot provided by the Tarrant Appraisal District. 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 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1.We, the governing body of the City of North Richland Hills have been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 37 votes collectively or separately for the following candidates for the Board of Tarrant Appraisal District: Mr. Alan Blaylock Mr. Rich DeOtte Mr. Gary Losada Mr. Jerald Miller Ms. Gloria Pena Mr. Vince Puente Sr. Mr. Jacob Wurman SECTION 2. We, the governing body of the City of North Richland Hills, do hereby resolve and order that the City of North Richland Hills cast and does hereby cast its votes as follows: Votes For Nominees Mr. Alan Blaylock Mr. Rich DeOtte Mr. Gary Losada Mr. Jerald Miller Ms. Gloria Pena Mr. Vince Puente Sr. Mr. Jacob Wurman PASSED AND APPROVED this the 13t" day of November, 2023. Resolution No. 2023-084 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. 2023-084 Page 2 of 2 William Durham Executive Director Interim Chief Appraiser Tarrant Appraisal District October 27, 2023 «Name» Title» «Entity» Address» City», «State» «Zip» RE: Ballot for Appointments to Board of Directors beginning January 1, 2024 Dear «Salutationw Following up on my September 22, 2023, letter about nominating candidates for appointment to Tarrant Appraisal District's Board of Directors, I prepared a ballot as required by the Texas Property Tax Code. That letter lists the number of votes for each school district, city, and county entity that is entitled to participate in the appointment process. The taxing units listed are not required to vote but, if they choose to do so, they may determine their votes only by a resolution adopted by the governing body and they must submit the resolution to me before December 15, 2023. The resolution and the completed ballot if you wish to include it should be sent by mail to William Durham, Interim Chief Appraiser, Tarrant Appraisal District, P. O. Box 185579, Fort Worth, Texas, 76181-0579 or by email to iwooddeii(a�ta, d.or . Enclosed are the ballot, bios collected from nominees and taxing units, and a sample resolution form. The remaining steps in the appointment process and schedule set out in the Property Tax Code may be summarized as follows: before December 15, 2023 Governing bodies of taxing units determine their votes by resolution and submit votes to Chief Appraiser before December 31, 2023 Chief Appraiser counts votes, determines which candidates received the most votes, and submits results to taxing units January 1, 2024 new term begins If you have questions,please do not hesitate to call Julie Wooddell at 817.595.6006. Sincerely, j , William Durham Executive Director Interim Chief Appraiser WD.jw Enclosures (3) CC1» «CC2» Ilmvy1h 2500Handley Ederville Rd.Ft.Worth,TX 76118 817.284.0024 Tarrant Appradsai d7Mnct OFFICIAL BALLOT ELECTION OF MEMBERS TO THE BOARD OF DIRECTORS TARRANT APPRAISAL DISTRICT Following are the candidates for appointment to the five (5) voting positions on the Board, listed alphabetically with the taxing unit(s) that timely submitted the nominations for each. Please indicate your taxing unit's vote(s) by entering the number of votes to the left of your candidate(s) of choice. VOTES FOR Nominees Mr. Alan Blaylock Mr. Rich DeOtte Mr. Gary Losada Mr. Jerald Miller Ms. Gloria Pena Mr. Vince Puente, Sr. Mr. Jacob Wurman IMPORTANT: This ballot must be returned before December 15, 2023 to William Durham, Interim Chief Appraiser, Tarrant Appraisal District, P. O. Box 185579, Fort Worth, Texas, 76181-0579, by mail or by email to iwooddell@tad.org. Please attach this ballot to the resolution passed by your taxing unit authorizing this vote, FoRTWORTH. Alan Blaylock 4801 Cargill Circle, Fort Worth, TX 76244 Personal- Cell: 817-727-3720,Email: a jblaylock a) mail.com f,g_ City-Cell: 817-233-2940,Email: Alin.alAy.tp!k.(&.fo�wortlite�xas.�ov ._J City of Fort Worth Councilmember Alan Blaylock is a dedicated community leader who has significantly contributed to his hometown,Fort Worth,Texas. In his short time as council member,he has achieved significant victories that have positively impacted the lives of families and businesses in the area. With an unwavering commitment to serving the public, Alan has personally addressed constituent concerns and continues to be a staunch advocate for the needs and well-being of those he serves. A strong advocate for public safety,Alan has taken decisive actions to strengthen the Police and Fire departments. Alan voted to fund new positions and provide essential training to ensure the community's safety. Under his leadership, the number of unfilled public safety positions significantly decreased, contributing to a safer environment for residents. The Fort Worth Police Officers Association and the Fort Worth Professional Firefighters Association recognize Alan and endorse his initiatives. Recognizing the burden of property taxes on Fort Worth taxpayers,Alan emerged as the leading proponent of responsible fiscal policies. As a council member,he has supported the "no new revenue rate," a crucial measure to prevent taxes from rising with appraisal values. His commitment to preserving and improving neighborhoods and infrastructure was evident in his efforts to revise Transportation Impact Fees, secure the establishment of the first H-E-B Grocery in Fort Worth,and pass the Short-Term Rental Ordinance to safeguard the community's residential areas. Alan continues to play an active role in Zoning. He diligently strives to maintain harmony between development projects and neighborhood interests. Homelessness and city management are equally critical areas of focus for Alan. He secured substantial funding to enhance the city's capabilities and staff in addressing homelessness and its associated challenges, including panhandling. His efforts to implement measures, such as "no panhandling" signs,the Shopping Cart Ordinance, and the purchase of street sweepers,reflect his commitment to maintaining a clean and safe city. Before being elected into office,Alan served as Senior Product Manager at Nokia for several years,previously holding Lead Software Developer and Project Manager positions at Owen Oil Tools. As a family man deeply connected to Fort Worth,Alan's love for the city is evident in his actions and decisions as a city council member. He prioritizes delivering tangible results rather than engaging in political grandstanding. His business insight enables him to cut wasteful spending and identify efficiencies, ensuring taxpayer money is utilized effectively without compromising essential city services. Alan is committed to improving the quality of life for his constituents, focusing on infrastructure and roads,public safety, and lowering taxes. Alan and his wife, Mindy, are proud parents of two daughters and active supporters of The Children's Miracle Network and The Leukemia&Lymphoma Society. Alan has a record of community service,participating in the following: • Heritage Homeowners Association Board • Crime Control and Prevention District Advisory Committee • Public Improvement District Advisory Committee • Arts Council of Fort Worth Advisory Committee • Eagle Ridge Elementary Parent Teacher Board(PTA) • Foundation of a Regional Youth Swim Team Currently,he holds positions on several vital committees and boards within the City of Fort Worth: • CFW—Audit: Chair • CFW—Mobility: Infrastructure&Transportation: Member • RTC—Regional Transportation Council: Member • CFW—Research&Innovation Local Government Corp.: Board of Directors • CFW—Fort Worth Local Development Corporation: Board of Directors,Vice President • CFW—Central City Local Government Corporation: Board of Trustees • CFW—Lone Star Local Government Corporation: Board of Directors,Vice President • CFW—Fort Worth Housing Finance Corporation: Board of Directors, Director • CFW—Crime Control&Prevention Board: Board of Directors Furthermore,Alan is actively involved in several Tax Increment Financing Districts(TIFs)and continues to lead Public Improvement Districts(PIDs),holding the following positions: 0 TIF 2 (The Speedway): Chair • TIF 10(Lonestar): Vice Chair 0 PID 7 (Heritage): Currently, ex officio member(Advisory Board President) serving in the role in overseeing and supporting the functions of the PID for the benefit of the community. As a fiscally responsible and community-oriented leader, Councilmember Blaylock leads oversight responsibilities for financial matters,while remaining dedicated to ensuring Fort Worth's improvement and its residents'overall well-being. 420 Johnson wads Smite 303 RicHARD CFM Ffler,Texas'7624 W. • • Office-.817-337- 99—Ceth 81.7®9 -6088 richdeotte@dcotte.com Personal • Native Texan having lived in '`arrant County for 27 years and in Southlake for the last 14 years. • Married for 34 years to Yvette. Three Children • 1985 graduate of Texas A&M , Professional • A Civil Engineer and land development consultant for 34 years. • Majority owner in DeOtte, Inc. from 2000 to present, a civil engi- neering and development consulting firm in feller, Texas servinggovernmental and private clients on a range of diverse projects but especially providing cost effective and innovative solutions to large scale drainage and erosion control projects municipal infrastruc- ture and exceptional residential developments in northeast Tarrant county. • Expert consultant and expert witness on engineering related court cases over the last 20 years. r 1� • Developed fa,rnili.ad. urith`I'Al� s operations and services and how p � P those affect land development and infrastructure re-development. �Tcaltanteer n • Served two years as the chairman of the Tarrant County Sheriffs Department Civil Service Cornrnission. Initiated and led a much needed major re-write of the civil service rules which passed and were implemented. • A regular public speaker on various issues including training on 1 engineering ethics focusing on the aspect of personal happiness and haw to achieve responsible professional standards. • Served as an adult leader in Boy Scouts as Den L,e:ader, Assistant Scout Master and as Scout Master. 9 D • Taught physics for a year on a voluntary basis. • l lam radio operator,Technician License,KG5FYB. a ' • Active in church throughout adult life chairing building commit- tees, teaching Sunday school, preaching, leading worship, serving as a deacon,and chairing a deacon board. I have a professional record solving technically complicated problems with large groups of people with diverse interests and engaging and assisting parties to work together to resolve issues. Throughout m gp g g 3' personal, professional and volunteer life, my proficiency in bringing people together to find common ground to collaborate to find the right solution has been crucial. Gary M. Losada Southlake,Texas 214-405-1416 glosada@sbcglobal.net EXPERIENCE: Testified before Texas Senate Property Tax Reform Committee Hearing April 27, 2016 Tarrant County Appraisal Review Board President of Office Uquidation Center and Aztec Glass Served on Blue Chip Review Committees for Arlington Independent School District Director of Human Resources, LTV Kentron International Assistant to Superintendent,Santa Rosa City Schools,Santa Rosa,California Assistant to City Manager Palo Alto,California EDUCATION: • M.A. Degree Education/Organization Administration,Stanford University 1974 • B.A. Degree Sociology/Business Minor, University of San Francisco 1973 Residences: • Southlake,Tx 2013—Present • Arlington,Tx 1990-2013 Tarrant Appraisal District—Board of Directors 2020-2021 Governing body for Central Appraisal District Tarrant Co.Appraisal Review Board 2009-2015 Served as hearings committee chair all six years. Responsible for conducting hearings between Tarrant Appraisal District and taxpayers. Included residential, commercial and personal property taxes. Opined on various exemptions and valuations of real estate. President—GIVIPL Corporation Purchased raw land for development. Presented various planned developments to city government/council and planning and zoning. President—Office Liquidation Center/Aztec Glass Company Purchased and of new and used office furniture. Purchased and distributed wholesale glass imported from Mexico to florists and grocery chains. Director of Administration—Dallas Area Rapid Transit Hired in second year of operation in order to organize and establish various departments such as human resources,purchasing,data processing,building and office management as well as policy development. Director of Human Resources—LTV Kentron International/oil States Ind. Chief Labor negotiator, responsible for corporate wide staffing and training. Assistant to Superintendent—Santa Rosa City Schools,Santa Rosa,California Responsible for pupil transportation,data processing,Board policy implementation and labor relations. Assistant to City Manager—Palo Alto, California Responsible for budget preparation, policy implementation public relations,special assignments by City Manager. CURRICULUM VITAE JERALD MILLER P.O. Box 164 Fort Worth, 76102 Education 1992-1994 New School For Social Research New York, NY Jazz Performance Major ■ Studied full music, music business and Liberal arts curriculum. 1990-1992 University of New Orleans New Orleans, LA Jazz Performance Major -Studied music under Harold Batiste, and Ellis Marsalis,and the basic liberal arts curriculum. Teaching/ m 2004 International Association of Jazz Educators (MAJE) New Media Panel Consultancy . 2005-2007 Consultant for Dr. Billy Taylor, Artistic Director-Kennedy Center Experience ■ 2007-2010 Consultant for various entertainment companies on launching Now Media Initiatives 2008 International Association of Jazz Educators (IAJE) New Media Panel ■ 2008-2010 Consultant,Jazz at Lincoln Center ■ 2009 Jazzweek Radio Panel- Digital Initiatives Panel ■ 2010 Conducted New Media Workshop at the Now School For Social Research for group of 20-25 students ■ 2012 Digital Music Conference Panel Creator& Moderator(How To Develop Jazz, Classical, and Non-Popular Music for Digital Distribution in the 211'Century) ■ 2012 Chamber Music of America Panelist-Digital Initiatives(US) ■ 2012 Future of Music Coalition-Featured Speaker(US) ■ 2013 MIDEM featured Speaker in Classical Music Village(France) ■ 2013 APAP(international Arts Presenters)-Featured Speaker(US) ■ 2013 Digital Music Forum-Featured Speaker(US) ■ 2014 MIDEM featured Speaker in Jazz, Classical World (France) • 2014 JazzAhead featured Speaker(Germany) ■ 2014 Digital Entertainment World featured Speaker(US) ■ 2015 DEW featured panelist (US) • 2015 JazzAhead Keynote Speaker(Germany) • 2016 Jazz Education ) Featured Speaker( ) ■ 2016 Chamber Music America(CMA) Featured Speaker(US) Is 2016 2014 JazzAhead featured Speaker( ) • 2017 JazzAhead Keynote Speaker( n ■ 2018 CD Baby DIY Music Conference-Speaker(US) ■ 2018 JazzAhead Keynote Speaker ) ■ 2019 DEW featured panelist • 2020 DEW Guest Speaker seriest i ■ 2021 JazzAhead Independent Artists'Workshop Leader ) ■ 2022 JazzAhead Independent its' Breakout Session ) ■ 2023 Arlingtonis Industry ConferenceKeynote Professional Recognition in i (Jazz) ■ , NationalRecording i isSciences-Votingr. Affil • 2000 Nomineet Promoter of the Year by Gavin ( ) ■ 2008 Certificatef Recognition National Academy of Recording Arts & Sciences ( )f r Education Employment September 2019-Present Brooklyn ci-Fi Film Festival (PIT) Brooklyn, NY Managingr ■ Responsible for overall creation and development of a one-week on-line Science Fiction Film Festival with international submissions from a variety of age groups and categories culmination in an awards ceremony in Brooklyn, NY December 201 -Present National Black Symphony New York, NY Executivei rl 've Producer/Artistic D ■ Responsible for overall Artistic Planning, Artistic Administration, Artist & Orchestra Relations, Board Relations, Finance, Marketing & Promotions, Concert Production, External Relations & Development, Orchestra Operations. March 2019-December 200 Ori-Gen Music Festival New York, N ManagingProducer/Curatorial ■ Responsible for Conceiving, Developing, and managing all activities for international multi-day pan-Latino music festival to launch in 2021 in partnership with the Afro Latin Jazz Alliance and Latin Academy of the Recording Arts&Sciences. February 201 -June 2019 Japanese Jazz Festival New York, NY Consulting Producer ■ Responsible for strategic planning, marketing, and negotiation strategies for mufti-day international jazz festival featuring Japanese artists living in the U.S. in partnership with the Japanese consulate and Japanese ambassador. 2016—February 2020 Ellis Marsalis International Jazz Piano Competition West Virginia Executive Director/Creator/Executive Producer/Artistic Director ■ Developed a strategic partnership between Marshall University in Huntington,West Virginia and NEA Jazz Masters Ellis&Jason Marsalis for a"first of kind"international jazz piano competition with over$200,000 in cash and prizes to launch in 2018. ■ Responsible for creating, developing, and implementing strategies to strengthen and increase audience growth, earned income, and creating subscribers to programs while exceeding goals. ■ Develop and foster relationships between potential patrons and sponsors for the triennial international jazz piano competition with a budget of over$300,000; responsible for identifying governmental and private grant opportunities and managing the application & reporting processes,as well as stewardship and securing individual and corporate donors. ■ Fostered and created partnerships between large scale arts organizations and local community organizations, including but not limited to special events for children and senior citizens. ■ Provided consultation and development guidance to state university in support of development of fundraising goals. ■ Conceive, develop, implement operational plan & marketing plan for(2) day international jazz piano competition. ■ Hire and manage festival staff across(4)states and supervise day-to-day operations, and for all board relations. ■ Responsible for developing and maintaining labor relations between various labor partners while leading various efforts including but not limited to contract management, grievance processes, and negotiation process. ■ Responsible for financial oversight including creation of budgets,financial reports, auditing, cash flow, accounts payable and receivable, collection and input of data into financial systems, generation of reports, and oversight of all financial controls and procedures for costs, revenues, incomers and inventories. ■ Responsible for oversight.Management,and compliance with licenses and agreements with local city and state licensing agencies and governmental and music organizations. ■ Curation of art and photo exhibits for month long presentations in public exhibitions. 2016—December 2020 Huntington International Jazz Festival West Virginia Executive Director/Creator/Executive Producer/Artistic Director ■ Developed strategic partnership with the City of Huntington, West Virginia, Marshall University, and NEA Jazz Masters Ellis&Jason Marsalis far the creation of the first International Jazz Festival in the state of West Virginia. ■ Responsible for creating, developing, and implementing strategies to strengthen and increase audience growth, earned income,and creating subscribers to programs while exceeding goals. ■ Execute the community interests and developed varied community activities to engage a wide variety of interests with educational and entertainment activities in a fiscally responsible manner and successful manner while highlighting the unique offerings of the festival and distinguishing it from other neighboring events. ■ Vigorously represented the festival to the region and state's artistic, political, business, university,and social communities;develop and maintain active community based constituencies in support of the festival. ■ Balance a highly complex set of duties and relationships that blends aggressive entrepreneurship, artistic leadership,community relations and strong financial management. ■ Conceive and develop artistic & educational programming while overseeing the planning, negotiating,and managing of an ambitious schedule of events that attracts a broad level of public interest and support while working to assure programming that is necessary to financially support the costs of operating the festival. ■ Lead and motivate a staff of individuals who are responsible for the day-to-day operations of the festival including fundraising, marketing, programming, education. Facility operations, finance, ticketing,community relations, legal and short and long range planning. ■ Provide support to the Advisory Committee and Board of the organization in the fulfillment of their duties including but not limited to scheduling meetings;setting agendas;preparing and presenting reports; developing infrastructure and reporting systems; and fostering and ensuring effective communications between divisions of the organization. ■ Conceive, developed, and implemented marketing and communications strategies including developing system for inter-partnership communications; d relationships and partnerships with a wide variety of community organizations and higher lev; developing materials for partnership development, marketing, and publicity use; creating and overseeing social media and web strategy; conceiving, developing, and implementing digital&traditional media campaigns across traditional and non-traditional print, digital, radio, and television outlets both domestically and internationally. ■ Conceive, development, and implement operational budget fo over $500,000 per year for the annual festival and related events; booking and programming of the festival in a manner that appealed to broad coalition of the community. ■ Responsible for financial oversight including creation of budgets,financial reports,auditing, cash flow, accounts payable and receivable, collection and input of data into financial systems, generation of reports, and oversight of all financial controls and procedures for costs, revenues, incomers and inventories. ■ Responsible for oversight.Management,and compliance with licenses and agreements with local city and state licensing agencies and governmental and music organizations. 201 O-Present Nu Jazz Agency New York, NY Managing Director ■ Provided marketing, management and business support to numerous Grammy nominated and award-winning artists across a wide range of genres including Classical and Jazz for both US based and International performing arts organizations. ■ Provided support in creating,developing,and implementing strategies to strengthen and increase audience growth, earned income, and to retain subscribers to arts programs while exceeding goals. ■ Provided assistance in developing patronage and fostering relationships between potential patrons and arts organizations seniors . ■ Fostered and created partnerships between large scale arts organizations and local community organizations, including but not limited to special events for children and senior citizens. ■ Provided consultation and development guidance and support of business initiatives to Classical and Jazz large scale arts presenters on the development of assets for commercial exploitation. ■ Developed reputation as leading international expert on the development and exploitation of digital assets for commercial distribution in the genres of Classical music and Jazz music as recognized by Chamber Music America,APAP, MIDEM,and the Digital Music Forum. ■ Worked with various Boards of arts organization to harness their strengths to achieve goals set forth by senior executives and to further achieve success in their missions. ■ Responsible for programming of concerts, negotiating terms, drafting contracts, arranging artist services, planning travel, and acting as artist services liaison for series of international and domestic musical festivals and international and domestic venues and supervising support staffs. 2008-Present Nu Jazz Entertainment New York, NY President/CEO ■ Created the first worldwide virtual jazz label that owned 100%of its assets in both audio and video digital formats for all recordings. ■ Launched the first jazz label to secure full digital distribution via major label network,without seed money from a major. ■ Pioneered and solidified position of Nu Jazz Records/Nu Jazz Video as first jazz record label to release every recording on iTunes with bonus video content. ■ Solidified the position of Nu Jazz Records as an industry leader by having every jazz released featured on the genre homepage of iTunes, and enabling Nu Jazz Records to become the first jazz record label to have an album featured on the Furies Jazz genre homepage for (6) six months. ■ Developed with iTunes the first jazz recording in the new iTunes format, Ellis Marsalis—An Open Letter To Thelonious(Pladnum Edition),with 2011 NEA Jazz Master, Ellis Marsalis. This album created a completely interactive jazz product merging,for the first time-audio,video, photographic, and literary content into a unique product for commercial release. ■ Launched the first jazz record label which allowed their artists to sell recordings at concerts via unique branded"Pre-Paid"digital download cards. Enabling artists,for the first time,to sell digital assets in audio, video, and photographic formats at the gigs via a medium that did not require physical product. ■ Created partnerships with Amazon, Rhapsody, eMusic, Napster, and over 340 digital download services world-wide to successfully promote Nu Jazz releases. 1996-2010 VIE.W.Video/Arkadia Records New York, NY Senior Vice President Marketing/Now Media ■ Planed, executed, and product managed mufti-phase marketing campaigns for line of Video/Audio products including creating early setup and artist development campaigns for new artist.&major jazz,classical,and contemporary recording artists including Dr.Billy Taylor,Benny Golson, David Liebman, Joanne Brackeen, Herbie Hancock, Dizzy Gillespie, Lara Downes, and countless others. ■ Managed co-op budgets and set up advertising budgets. ■ Crafted and implemented new marketing initiatives to increase digital revenue across all digital distribution outlets and storefronts. ■ Managed all marketing headquarters and field staff including but not limited to marketing & promotions consultants hired on individual project basis including their budgeting and promotion. ■ Created alternative cost efficient retail&consumer advertising and promotions for both traditional retail and online environments. ■ Cultivated new relationships and maintain existing relationships with prospective and existing marketing partners, including lifestyle marketing companies and in-store play services ■ Conceived, developed, and created internal artist DV D production and work closely with production and video departments. ■ Researched and updated internal song database with,among other things,historical performance data and product usage. ■ Conceived, developed, and implemented marketing promotional materials and mailings for traditional retail accounts,online retail accounts,and all media. ■ Developed relationship with print partners to develop sheet music and personality folios and create,develop,and produce other merchandising initiatives. ■ Generated copy for sales sheets,P.O.P.materials,album blurbs and liaison with creative services on marketing materials. ■ Created both branding and direct marketing campaign,campaign maintenance, developed and implemented multi-industry strategic sales plan, established and maintained relationships with key customer contacts, regularly monitored field activity and field sales activity, monitored return activity for titles and develop strategies to minimize returns. ■ Worked with 31d Party partners to leverage artists and content for positioning on their sites. ■ Worked with Urban, Pop, Classical, Gospel, Jazz based website, blogs, publications as well as lifestyle outlets to increase artist/release awareness, increase artist database community, and increase both physical and digital sales. ■ Discovered, created, and developed new business opportunities to create and work with new strategic partners. ■ Analyzed and researched the marketing initiatives of our competitors,and researching then est technological advances for new opportunities in marketing. ■ Worked directly with artists and managers to encourage active participation in their website and their marketing initiatives in 3rd party sites. ■ Developed and maintained advertising budgets, travel to present presentations to key retailers/Wholesalers, provide input to production personnel, provide agenda items and attended sales meetings in order to provide both updates and input on sales activity, developed budgets and project timelines. ■ Conducted regular weekly calls and meetings with 3rd clients, and weekly reports on marketing campaign effectiveness,along with follow up and completion on contest/giveaway initiatives. ■ Secured placement in digital media and publicity outlets(Muze, Gracenote,AMG,etc)as well as digital publications&magazine(album reviews,artist reviews,artist features and tour promotions. Sales ■ Researched and created new music and video sales opportunities with focus on labeVartist priorities and client/brand needs. ■ Conceived, created, and developed promotional offers that include go with purchase, mail-in, custom branded CD's&DVD's,digital downloads, MP3 players. ■ Pursued and researched new sales outlets for entire roster of artists and products maintained current account base, while aggressively pursuing new business in all business/consumer sectors. ■ Worked closely with all personnel to fully utilize all of the companies capabilities including CD/DVD inserts,digital media advertising,sponsorship,and special sales incentives. ■ Prepared monthly sales forecast and summaries,and met sales goals. ■ Solicited major and independent physical retailers,both domestic and international,on new titles and catalog titles across jazz, classical, world, art, educational, opera, dance, and pbs style documentaries for both audio and video titles. AM ■ Sought out new songwriters,singers,groups, and publishers in an attempt to enter into exclusive contracts with label for exploitation of product by company. ■ Reviewed new songs, critiqued musical selections, provided creative guidance towards the development and/or refinement of new material while working with contemporary music artists in the genres of Classical,Jazz and acoustic based music. ■ Acted as a catalyst and coordinator of new recording activities including conceiving, developing, and implementing recording projects of company owned songs and music. ■ Conceived, developed, and implemented new recording projects and other special projects utilizing company owned materials and back catalog to generate maximum return on company's investments ■ Actively sought out and solicited musical writers, lyricists, producers, and artists for musical production and deals. AM Administmflon ■ Prepared detailed artist evaluations, pre-emptive marketing outlines & plans, product status reports,and recording&marketing budget creation/reconciliation,prepared recording project cost summaries and forecasts,supervised label copy preparation, educated all company staff on the nature,goals,and status of new projects. ■ Acted as liaison to Business Affairs, Creative Services, Sales, Promotions, and Publicity for contractual payments and other services to ensure uned"team effort"to fulfillment of goals. ■ Developed and monitored recording budgets for recordings involving individual, group, small group,and orchestral recordings in the genres of Jazz,Classical,Pop, Rap,R&B,and Children's music and video combined with reconciliation during the recording process. ■ Prepared recording project proposals and video production budgets; prepared project cost summaries, along with prepared recording project forecast for multiple genres, and making tour support payments. ■ Provided support to Business Affairs department to ensure the prompt and timely payment & processing of AFM contract agreements; completion of all recording session paperwork and tax forms. ■ Logged and tracked recording masters; maintain lists of session personnel, songs, song sequencing,gaining sample clearances, monitoring&logging of tour support. ■ Negotiated recording artist, sideman, recording studio,engineer, producer,and mastering studio rates and ensuring timely payments for services. ■ Met and conferred with Executive staff and all other departments to develop goals, brief on objectives on proposed and current projects, and educate all departments&staff on materials& projects. Licensing ■ Administered, processed, and negotiated incoming license request for use of audio & video master recordings in television,film, radio,and advertising. ■ Completed song searches,and analysis for pitching to appropriate clients for usage in television, film, radio, and advertising campaigns. ■ Facilitated and followed up on product/press kit requests from clients. ■ Marketed Arkadia/VIEW audio and video titles to advertising agencies and corporate brands via showcases,ticket solicitations and mailings. ■ Determined rights and restrictions of use for licensing initiatives via research and with consultation from business affairs. ■ Acted as liaison with artist management,and studio to create special mixes for licensing activities, as well as interacted with clients, artist management and labels to ensure effective communication. ■ Managed constantly shifting music and priorities between product development staff. National Promotions ■ Promoted and tracked assigned records and artists to chart and non-chart reporting stations in assigned formats with goal of securing commitments from radio programmers and music directors. ■ Developed and maintained relationships with Music and program directors on national and international stations. ■ Created and implemented,and assisted with planning of traditional and internet radio promotions which included:On-Air promotions,giveaway campaigns,radio contest,artist phone-in interviews, radio station appearances, radio station special perfon-nance showcases, and artist promotional tours/tour awareness support. ■ Tracked and monitored budgets and expenditures of radio promotion endeavors, managed outside radio promoters,and provided input on selection of radio singles. ■ Traveled to industry related trade shows to build rapport and strengthened relationships with radio personnel including program directors, music directors,and station managers. Publicity • Conceived, developed, and wrote press releases, biographies, and other press materials in relationship to multiple genres of artists and DVD's in Classical,Dance,Jazz,World Music,Health &Fitness,Children's Educational. Pop, and Nostalgia product. ■ Solicited reviews and product/artist coverage through a wide range of national and international periodicals and digital media outlets in both trade and consumer publications. • Scheduled and coordinated artist interviews and product reviews across muti-genre platforms in trade and consumer periodicals for print and digital media. • Tracked and monitored budgets and expenditures of outside press endeavors, manage outside press agents/representatives,and provided input on press initiatives. Tour Support • Worked closely with artists, artist managers, and tour promoters to secure ticket buys for internationally touring recording artists. ■ Arranged supplemental ticket buys with promoters for radio/press/retail personnel. ■ Arranged for supplemental ticket buys for retail/radio contest winners in areas of artist touring at both national and international venues. • Provided promoter information,ticket prices,and payment info to business affairs department and obtain approval for all ticket buys. ■ Ensured release of tickets from promoters upon payment and those tickets are forwarded on a timely basis. • Followed up with Regional Staff to ensure all tickets are received, properly distributed, and in sufficient quantities. ■ Actively sought out and solicited musical writers, lyricists, producers, and artists for musical production and deals. ■ Reconciled monthly payment statements with purchase numbers,and prepare manual payment requests when required. 1995-1998 Refugee Project New York, NY Founding Board Member • Worked with multi-grammy award-winning artist Lauryn Hill to establish, and develop non-profit organization to provide services for disadvantage youth.This non-profit was subsequently funded in part through proceeds from Ms. Hill's grammy winning album"The Miseducation of Lauryn Hill®. ■ Spearheaded and planned fundraising efforts grossing over $1,000,000.00 in corporate and private donations. 1995-1996 RCA Records New York, NY Independent Marketing/Promotions Consultant •Hired by black music department to develop marketing,sales,and promotional campaigns for newly signed artists. 1995 Forty Acres&A Mule Productions Brooklyn, NY Producees Assistant • Hired by Monty Ross&Jon Kilik to act as an on shoot assistant in fulfillment of their activities as major motion picture film producers. Additional •Production Supervisor—David Liebman, New is Professional •Producer—Billy Taylor,Music Keeps Us Young Highlights •Producer—Billy Taylor,Ten Fingers One Voice •Producer—Jimmy Greene,The Overcomers Suite •Video Director—Jimmy Greene in Concert,The Overcomer's Suite •Video Editor—Jimmy Greene in Concert,The Overcomer's Suite -Producer— essell"Warmdaddy"Anderson,Warm It Up,Warmdaddy •Video Director—Wessell"Warmdaddy"Anderson,Warm It Up,Warmcladdy •Video Editor—Wessell"Warmdaddy"Anderson,Warm It Up,Warmdaddy ■Executive Producer—Ellis Marsalis,An Open Letter To Thelonious(Platinum&Gold Edition) •Producer—Ellis Marsalis,An Open Letter To Thelonious(Platinum&Gold Edition) •Video Director—Ellis Marsalis,An Open Letter To Thelonious(Platinum&Gold Edition) •Video Editor—Ellis Marsalis,An Open Letter To Thelonious(Platinum&Gold Edition) •Producer—Ellis Marsalis,An 80th Birthday Celebration(1 80g German Vinyl)—2 Disc set) •Executive Producer— The Huntington International Jazz Festival presents THE WINNERS of the ELLIS MARSALIS International Jazz Piano Competition(Platinum&Gold Edition) ■Artistic Director—The Huntington I ntemational Jazz Festival ■Producer—Arturo O'Farrill, Legacies(Blue Note Records) Referenced ■ Nu Jazz Records and Video to Enter High Definition Market Place,Jazz771mes Articles ■ Nu Jazz Entertainment issues pianist's An Open Letter to Thelonious,the first jazz LP on Tunes,JazzTlmes ■ The Nu Jazz Virtual Label, Jazz to SDP ■ Nu Labels for Nu Jazz Entertainment,Jazzed Magazine ■ Nu Jazz Launches New Methods of Music Distribution,Downbeat ■ iTunes Makes Room for Jazz albums from Nu Jazz Entertainment,Downbeat ■ Profesionals of the Year: Top 30 Influencers in the Performing Arts Industry, Musical America Worldwide MUSICAL ,AMERICA MAGA,ZINE W'4LNi:. MA 30 onto f �;, �, � � r,�(Yllafimm�r�riiii1 r s �.a� � ",, Apmurcrr®fi � rr✓i»r it�� I�r ,!YIIYG1� ���'�Yflnnfigr ll�id� (l,�llll ffii, Al 1. � / ��1141GYNa�2viUri/i�� llipfrf!/Jfi9�ii �. # 16 .. ....... ........ JERALD MILLER Q nIMIhIIMW u!btu'A'��tlHunri,"uK�'mmiu;mN'a�Irfmiuu7amieumeif ommrir r�r p6 f,�o Managingerector Nu Jazz Agency, Tasstc4 jazz, and worlld rnusrc are p r rrrrirally behind the Millef sayshe's 1r0 e rllffry or arrraatrorus transfer ratalo trrn es In o erytl'rllrn ,o"ar uas Jar aid Mlllleur founderr and mariqlnQ rnatlefl,M to t vital rnedfurn. But a's not been easy to move Vector of Nu jazi, a digital and tradttfonat rrrusrc marketing and rtrerrts out of their crurrrtort zones and rrrto more corutarrnporary dt strlbuVo n airn arny for rrnrteperr ent artli s and labels, From trugness Vaterttos.One examplp, W1Her said, Is that rrnost people pra ressrve new artl s Bike Arnmy Greene to le errrtary icons Mo%vanttotifinq their music.before tllrne pustrlrc don't havellumbIr Re lh.uke E'Hl ngton, Nu .razz drsco'veTs ewrnusl(and r'ashl rr's or (tr t accounts.Nof dothl make their soda I rne6a postsin classlcs, connecturmg the best of both to today' consurners using any language ottuewrtttan Engllsh, conte°r poetry recording and distri but.lontools. n(easMaugural Millff 15 aIsu 0111g to help 1% Ch rlts Make better use of release rru 21304, Nu W7 has become the recoir iron ruadustry's rn usr(rAreaming ser °rc 5 He sespe Ia y a Ied ab out thegloball leading drgltal lap. later with an truprossi e 11st of firsts, such possibilities of rna;ketinq rnusrc and en(oura es hls cust(.,wners to ,as Dauruching the feast.jazz Il'un es"Poand making all rerordings, see that 'w e really are a grobal market pIlar,,e"Ihere`s no reason, a4able on pre-paurt rtragiU download cards. he arque ty a small ctrarnber orchestra Ern Nevada shouldn't conne(t vdth fans in Rrusssa,or a trorruegro rn jaai group M Oregon ran ranl.sell alburnsrrr Turkey.................Rick Schultz NU JAZZ e I II RE Key .. e is: lA.�.B�eAkll,4UEa,W.�.onal; ..).S. II IIII overag February 11, Los Angeles Times Independent music labels project promising industry future By Tre'vell Anderson eyonce's surprise digital album got plenty of attention a year ago,as did Taylor Swi 's recent decision to pull her entirediscogra- phy from streaming service Spotify.Both show how the music industry is changing quickly. And panelists at the Digital Entertainment World Expo on Wednesday believe the future of digital music is bright as more and more artists adapt to it. "The music business is going to grow and it's going to grow rapidly,"said Terry McBride,CEO of Nettwerk Music Group. John Boyle of Insomniac Events,Jared Gutstadt of Jingle Punks and mAYalti Alftll r (.� Nu lazz, AllatiC1 ement and Cot? UIM7 ;'joined McBride on the panel,moderated by Jeff Pollack of Pollack Music and Media Group,as they focused on the rise of independent artists and labels. In stark contrast to the behemoth companies of years past,major record labels no longer spend time developing a large roster of art- ists,Pollack said.But as social media and outlets like iTunes have developed,countless others have the resources to strike it big— and independent labels are going to be the key to independent artist success,McBride said. Boyle agreed. "The Internet and all these new technologies were supposed to empower the whole'do it yourself" movement,"he said."But what it's done is disseminated that.There's now too much product out there and not really enough marketing." Despite the ubiquity of a mists trying to ina ke it, if the artist has talent, SUccess will Moore, said Miller, Who ased to ma riage Lau ryn I-Jill during her career with. leap gr u.0 The Fu .fees. E"wI:f y u have neat music, the ere n-i always rises to the top," he said, especially ith the .well of the "non ; (.M1ire, sl)ecffie music lover,"' "Now you see people crossing[genre] boundaries and buying things because it's a good song or just good music,"Miller said. Because"there's no such thing as niche,"anymore,McBride said,"independent labels today have to run marathons"finding the market,even if only internationally,where their artists'music will thrive. "Every country is different in its regulatory structure and its culture so every country is a new opportunity for artists,"he said. Conversation Ilia y be swirling about the massive shakeUPS ill the niusic industry, bUt Miller is-, n't worried. "T'he future just looks good For everybody who loves great in usi ," lie said. -rhelre will people to buy everything, people ople to kwe every1h ng." Septemher2O33 A. Gloria Pefia s10o Oak Gate o. Arlington,Tx76mz6 817'501'9354 Experience: Retired with 37years of service, US Army Corps ofEngineers,Southwestern Division, 2012. Began as Student Aide a116 years of age working at White Sands Missile Range, NIVI Training&Doctrine Command until 19Q3,with a 2-year federal break working at the University of Texas atE| Paso's Contracts&'Grants Office. Employed with the US Army Corps of Engineers in 1983 in various programs,which include: Program Analyst, Military and Environmental Programs Program Analyst,Civil Works Program Budget Analyst, Resource Management Financial Analyst, Construction and Operations Program Specialist,Operations,Water Supply Business Line Manager Education: Northwood University, BBA, Management(Magna Cum Laude) Community involvement(past): Secretary,Society mf American Military Engineers(Da||as) President,Vice President,Secretary of Arlington Independent School District Board of Trustees Director,Texas Association of School Boards Secretary, Mexican American School Board Association ofTexas Founding and Charter Member,Arlington Hispanic Chamber ofCommerce Charter Member,Arlington Classics Academy Founder&President, IMAGE deArlington Charter Member, &4pA[ofArlington Vice President,United Hispanic Council of Tarrant County Treasurer, Child Protective Services ofTarrant County Board Chairman, City of Arlington Youth and Families Board Vice President,Girls, Inc.ofArlington Board Member, Boys&Girls Club of Arlington Board Member, Latino Peace Officers Association Youth Services Director, Rotary Club ofArlington Education Chair,Community Relations Commission for the City qfArlington Arlington Chamber of Commerce,Scholarship Sub-committee&Partners In Education Committee President, Rotary Club of Arlington Foundation — andmonynmore (current): Rotary Club of Arlington,Webb Scholarship Sub-committee Director,Water From The Rock Member,Sd Vincent de Paul VVonmen'sGui|d Vince E. Puente, r. Owner&President—Sales& Marketing SOS Plaza • PO Box 612248 • D/FW,TX 75261-2248 ( 17)255-8624 vinceouente@sostexas.com /l IWp evmw'y 1 rt� � n na � o nnvm°° imam mw °" n SOUTHWEST OFFICE SYSTEMS,INC. Vbur TwrosmCkw&Kent Technc,%V Company Bio—September 2023 Vince Puente is a proud native and resident of Fort Worth,Texas. He is a small business owner,who understands the balance of creating value for his clients,teammates and the community. He understands the importance of making payrolls,timely payments to his vendors and a respectable bottom-line to invest in the future. More importantly he believes the Lord and family come first and foremost. r. Puente received his formal education via the Fort Worth ISD and the University of Texas at Arlington. Early in his career, Mr. Puente immersed himself in education related to his skill set and industry field. It soon became apparent that this pursuit of education would be one of his ongoing, lifetime passions. As he took on additional responsibilities within SOS, he pursued personal education in each area. One prime example is that of marketing and advertising. With no formal education in these areas, it is safe to say Mr. Puente has built the SOS"brand", resulting in SOS being one of the most recognizable companies in North Texas. In addition,,SOPS has received national recognition within its industry and the business community. r. Puente is one who believes in active participation within his community. Currently he serves on five( ) boards and advisory councils. Those include the Finance Commission of Texas (Governor Abbott appointee), YMCA of MetropolitanDallas,Texas Values,Tarrant Appraisal District (TAD) and Congresswoman Kay Gran r' Hispanic Advisory Council. Mr. Puente has been previously named as Businessman of the Year for the Texas Association of Mexican American Chambers of Commerce,an Aflac Civic Leader, an Honoree for The Father of the Year Awards and State of Texas Small Business Champion. When asked what accomplishments he feels represent his vision for excellence, one he will cite is SOS Plaza. This is the home of his companies, Southwest Office Systems, Inc. and Puente Brothers Investments. It is a 39,000 sq.ft., Class A facility on 2.5 acres across from the American Airlines World HQ.The document technology industry considers SOS Plaza to be one of the best in the nation. But what is truly amazing is that his companies and SOS Plaza are entirely debt-free. However,Vince is not all business. He will tell you it is his wife, Mona,and his kids,Vincent,Jr. and Lindsay, of which he is most proud. His family is far more important to him than any business accomplishment he could ever desire. Vince and Mona are active members of Christ Chapel Bible Church and engaged in multiple organizations that touch our community throughout Tarrant County and the Great State of Texas! Please see the following page Jake Wurman Jacob Wunman has lived in Fort Worth since 2007, but is a native Texan.After moving to Fort Worth, Jacob and his wife, Lauren,started up their family.Jacob currently lives in the area commonly referred to as"Far North Fort Worth". Fort Worth was definitely the right choice for the family to flourish. Once the prospect of a young family became reality,Jacob took to volunteering his time and effort to improve safety for school children walking to their neighborhood schools. Jacob served on the Saratoga HOA for seven years and was president for five years. During that time, Jacob worked with Fort Worth city staff and Tarrant County officials to improve safety for pedestrians. During his time as HOA president,the community experienced severe hardships due to unpaid assessments and poor vendor performance. Jacob worked with the other members of the HA Board of Directors to improve communication and establish methods to help homeowners overcome their unpaid/overdue assessments.Jacob also directly oversaw all vendors and their contracts.After two years of significant changes,the neighborhood was able to operate on a leaner budget with higher performing vendors.Jacob engaged any and all questions about the neighborhood and the HOA board on public forums to ensure transparency. At the urging of city staff,Jacob joined the North Fort Worth Alliance,which is the largest neighborhood alliance in all of Tarrant County.After serving as NFWA Chairman of Parks and Recreation,Jacob was asked to serve as NFWA Chairman of Transportation. It was during these years that Jacob discovered his love of public service and just how much was really possible when the community comes together to achieve their goals. Jacob was as appointed to the City of Fort Worth Zoning Commission and Alliance Airport Zoning Commission by District 7 Councilman Leonard Firestone in 2021. Following the results of the 2020 US Census,Jacob was asked by Councilman Alan Blaylock to serve as the zoning commissioner for the newly created District 10.Jacob has made it his mission to promote communication and transparency at all levels of government—from the HOAs to the school boards to city councils, our citizens deserve to know what happening with their tax dollars. Jacob is a licensed Texas real estate agent with Compass RE,Texas LLC and has been licensed since 2011. Jacob has helped thousands of homeowners reduce their property tax values over the last 10 years. Saratoga HOA Board • Director at Large: 2015-2016, 2021-22 • President-2016-2021 Northwest independent School District • Northwest ISD Leadership 2016 • Attendance Boundary Committee 2017-18 • Long Range Planning Committee 2018-present City of Fort Worth • District 7 Zoning Commissioner 2021-2023 • District 10 Zoning Commissioner 2023-present Tarrant Appraisal District Board of Directors • Tony Pompa, Chairman • Rich DeOtte, Secretary • Jungus Jordan • J.R. Martinez • Vince Puente • Wendy Burgess, Tax Assessor-Collector "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Consider Ordinance 3826, amending the Code of Ordinances Article III Boards, Commissions and Committees, as they pertain to ex- officio and alternate members of the Planning and Zoning Commission, the Civil Service Commission, and meetings of the Capital Improvements Advisory Committee. PRESENTER: Clayton Comstock, Planning Director GENERAL DESCRIPTION: North Richland Hills voters approved Propositions "F" and "K' in the May 6, 2023, Charter election, which grants City Council the authority to appoint one or more alternate members to the Planning and Zoning Commission and the Civil Service Commission. City Council subsequently provided direction to staff at a September 25, 2023, work session regarding the structure of the Commissions. The direction was to end the use of the one ex officio position and instead appoint two alternate members that could vote in the absence of the regular commission members. Ordinance 3826 makes this change, as well as the same change to the Civil Service Commission. Because the Planning & Zoning Commission also serves as the Capital Improvements Advisory Committee (CIAC), references to the ex off icio position on the CIAC are also being replaced. RECOMMENDATION: Approve Ordinance No. 3826 ORDINANCE NO. 3826 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CHAPTER 2, ARTICLE III BOARDS, COMMISSIONS AND COMMITTEES AS IT PERTAINS TO EX-OFFICIO AND ALTERNATE MEMBERS FOR THE PLANNING AND ZONING COMMISSION AND THE CIVIL SERVICE COMMISSION, AND MEETINGS OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power 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 City of North Richland Hills conducted a charter election on May 6, 2023; and WHEREAS, North Richland Hills voters approved Propositions "F" and "K" granting City Council the authority to appoint alternate members to the Planning and Zoning Commission and the Civil Service Commission to allow alternate members the right to vote on matters coming before the respective Commission in the absence of regular commission members; and WHEREAS, the City Council deems it appropriate to appoint two alternate members to the Planning and Zoning Commission and two alternate members to the Civil Service Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1: Section 2-123, Ex-officio members, of the Code of Ordinances of the City of North Richland Hills is hereby amended to read as follows: Ordinance No. 3826 Page 1 of 4 Sec. 2-123. —Alternate members. The mayor may appoint two alternate members to the planning and zoning commission and two alternate members to the civil service commission, such appointments are subject to confirmation by majority vote of the city council. Alternate members are entitled to participate in proceedings and deliberations of their respective commissions, but shall only have the power to vote in the absence or disability of a regular commissioner. The alternate members of each respective commission shall be known as Alternate A and Alternate B. If one regular commissioner is absent, Alternate A shall serve in the absence of such member and vote in the regular commissioner's place, unless Alternate A is unavailable. In the event, Alternate A is unavailable, Alternate B shall serve in the absence of such member and vote in the regular commissioner's place. If two regular commissioners are absent, Alternate A and Alternate B shall both serve in the absence of the regular commissioners and vote in the regular commissioners' places. The terms of such alternate members shall expire June 30 of the year the term of the mayor expires. SECTION 2: Section 2-143, Organization, of the Code of Ordinances of the City of North Richland Hills, Texas is hereby amended to read as follows: Sec. 2-143. - Organization. The capital improvements advisory committee shall be composed of the seven regular members and two alternate members of the planning and zoning commission. The advisory committee shall have at least one member of the real estate, development, or building industry. The advisory committee shall exercise such powers as prescribed by Chapter 395 of the Texas Local Government Code, and as granted by the city council. SECTION 3: Section 2-147, Quorum, of the Code of Ordinances, City of North Richland Hills, Texas is hereby amended to read as follows: Sec. 2-147. — Quorum. A quorum shall consist of four members of the capital improvements advisory committee and shall be required to conduct official business and forward recommendations to the city council. In the instance where one or more regular members of the capital improvements advisory committee cannot be present, one or more alternate members shall serve in the absence of such regular member and have the right to vote in the absence of the regular committee member. Ordinance No. 3826 Page 2 of 4 SECTION 4: Section 2-149, Meetings, of the Code of Ordinances of the City of North Richland Hills, Texas shall be amended by modifying subsections (a) and (b) to read as follows: Sec. 2-149. — Meetings. (b) Place of meeting. Meetings of the capital improvements advisory committee shall be held at North Richland Hills City Hall. (e) Work sessions. The capital improvements advisory committee may be convened in work session in order to discuss any matter concerning impact fees. SECTION 5: Subsections (a)(2) and (a)(3) of Section 2-121, Appointments, review, removal, and training for boards and commissions of the Code of Ordinances of the City of North Richland Hills, Texas, are hereby deleted. SECTION 6: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event 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 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. 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 in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued Ordinance No. 3826 Page 3 of 4 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 once. SECTION 10: This ordinance shall be in full force and effect upon publication as required by Section 9 herein. AND IT IS SO ORDAINED. Passed on this 13th day of November, 2023. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney RECOMMENDED: Clayton Comstock, Planning Director Ordinance No. 3826 Page 4 of 4 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 2023 SUBJECT: Introduce Amendment to Chapter 2, Article II, Division 2, Rules of Procedure of the Code of Ordinances of the City of North Richland Hills. PRESENTER: Mark Hindman, City Manager GENERAL DESCRIPTION: This item will be to introduce proposed amendments to the Rules of Procedure, Chapter 2, Article II, Division 2 of the Code of Ordinances. These changes are based on discussion with City Council on the September 25, 2023, City Council Work Session. Notable proposed changes relate to the ability for City Council to ask for items to be placed on future meeting agendas as well as general clean up. Section 2-62 of the Code of Ordinances requires that any new rules or amendments to the Rules of Procedure first be introduced into the record at a previous meeting of City Council. No action will be taken during this meeting. Following direction of the City Council, the rules shall be brought back to the City Council at a subsequent meeting for action. IN ACCORDANCE WITH SECTION 2-62 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THE PROPOSED AMENDMENTS TO THE CITY COUNCIL RULES OF PROCEDURE ARE HEREBY INTRODUCED INTO THE RECORD AT THE NOVEMBER 13, 2023 REGULAR CITY COUNCIL MEETING. NO ACTION SHALL BE TAKEN DURING THIS MEETING. ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING AND RESTATING CHAPTER 2, ARTICLE II, DIVISION 2, RULES OF PROCEDURE OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power 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 Rules of Procedure governing city council meetings set forth in Chapter 2, Article II, Division 2 of the Code of Ordinances was first adopted in 1975, and has subsequently been amended; and WHEREAS, the City Council of North Richland Hills finds that the Rules of Procedure should be amended and restated to modify the city council agenda setting process and to update the rules to comply with state law and current city council policies and practices; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: That Chapter 2, Article II, Division 2, of the Code of Ordinances of the City of North Richland Hills is hereby amended and restated in its entirety to read as follows: Ordinance No.XXXX Page 1 of 11 DIVISION 2. - RULES OF PROCEDURE Sec. 2-51. Meetings to be public. All meetings of the city council shall be open to the public as provided in the Charter, Article XVIII, Section 4, and Texas Government Code Section 551.001 et seq. Sec. 2-52. Quorum. Four members of the city council shall constitute a quorum. Sec. 2-53. Minutes of meetings. An account of all proceeding of the council shall be kept by the city secretary and shall, upon approval by city council, constitute the official record of the city council. Sec. 2-54. Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. Sec. 2-55. Right of floor. Any member desiring to speak shall be recognized by the chair and shall confine his or her remarks to the subject under discussion or to be discussed. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. Sec. 2-56. City manager. The city manager shall attend all city council meetings unless expressly excused. The city manager may make recommendations to the city council and shall have the right to take part in all discussions of the council, but shall have no vote. Sec. 2-57. City attorney. The city attorney shall attend all meetings of the city council unless expressly excused and shall upon request give an opinion, either written or oral, on questions of law. The city attorney shall act as the city council's parliamentarian. Sec. 2-58. City secretary. The city secretary shall attend all meetings of the city council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the council. Ordinance No.XXXX Page 2 of 11 Sec. 2-59. Officers and employees. Any officer or employee of the city, when requested by the city manager, shall attend any meeting of the city council. If requested to do so by the city manager, they may present information relating to matters before the city council. Sec. 2-60. Rules of order. Robert's Rules of Order, Newly Revised, shall govern the proceedings of the city council in all cases unless they are in conflict with these rules. Sec. 2-61. Suspension of rules. Provisions of section 2-70 shall not be suspended. Any other provisions of these rules not governed by state law, the city Charter, or city Code may be temporarily suspended by a unanimous vote of all members of the city council present and voting. Sec. 2-62. Amendment of rules. These rules may be amended, or new rules adopted by a majority vote of all members of the city council, provided that the proposed amendments or new rules shall have been introduced into the record at a previous meeting of the city council. Sec. 2-63. Types of meetings. (a) Regular meetings. The city council shall meet in the council chamber of the city hall on the second and fourth Monday of each month at 7.00 p.m. unless otherwise officially established by the city council. The call for and conduct of all meetings of the city council, shall be in accordance with Texas Government Code Ch. 551, known as the Texas Open Meetings Act. This change shall be in full force and effect from its date of passage and approval. (b) Special meetings. Special meetings may be called by the mayor or any four members of the city council. The call for a special meeting shall be filed with the city secretary in written form, and any notice of such meeting shall be posted by the city secretary in accordance with the Texas Open Meetings Act. (c) Recessed meetings. Any meeting of the city council may be recessed to a later time provided that no recess shall be for a longer period than the following regular business day, unless such meeting notice is posted again in accordance with the Open Meetings Act (d) Emergency meetings. An emergency meeting of the city council may be called by the mayor or any three members of the city council if an emergency or urgent public necessity exists as defined by the Open Meetings Act, and that requires immediate action of the city council. Notice of such meeting is sufficient if it meets the requirements of the Open Meetings Act and is posted for at least one hour before the meeting is convened. Ordinance No.XXXX Page 3 of 11 Sec. 2-64. Meeting Agendas. (a) Generally. This section shall set forth the process by which meeting agendas are set for all meetings of the city council. (b) Work session meetings. Work session meetings shall be held prior to the regular city council meeting and shall be conducted in public pursuant to a posted agenda approved by the city manager. The city council shall be free to fully discuss each item on the work session meeting agenda, to question each other and to question the staff, inquire into reasons for recommendations and to inquire as to the opinion of other council members. Each council member shall be entitled to state his or her position on each work session meeting agenda item. (c) Placing items on a meeting agenda. (1) The city manager is responsible for creating the agenda and agenda packet materials for city council meetings as directed by the city council, and in accordance with this Code and applicable state law. (2) The city manager shall place a standing item on the work session meeting agenda to allow the mayor and council members to bring forward items they wish to discuss at a future meeting. In accordance with the Texas Open Meetings Act, any discussion shall be limited to a proposal to place the item on a future agenda. If the item is to be placed on a future agenda, the city council may direct the city manager to place the item on a future work session agenda or a regular meeting agenda of the city council. The city council shall not vote or take any action on the item during the work session meeting. The mayor or any council member may request informational reports from city staff to be provided during the work session meeting. (d) Items scheduled for discussion or action on the regular city council meeting agenda. During the work session meeting, the mayor or any council member may ask clarifying questions of the staff and ask for staff evaluation of any item that is listed on the upcoming regular city council meeting agenda for discussion or action. (e) Vote on items of procedure. The council shall be entitled to vote on items of procedure pertaining to the work session meeting. Sec. 2-65. Chair and duties. (a) Chair. The mayor, if present, shall preside as chair at all meetings of the council. In the absence or disability of the mayor, the mayor pro tem shall preside. There shall be a deputy mayor pro tem, who shall preside in the absence or disability of both the mayor and the mayor pro tem. There shall also be an associate mayor pro tem, who shall preside in the absence or disability of the mayor, the mayor pro tem, and the deputy mayor pro tem. The deputy mayor pro tem and the associate mayor pro tem shall be selected from among the members of the council: (i) at the first regular meeting following the general city election; (ii) following the swearing in of council members upon declaration of members elected; or (iii) upon action of the city council Ordinance No.XXXX Page 4 of 11 in the event of a vacancy in either position. For meetings or events in which there exists the absence or disability of the mayor, the mayor pro tem, the deputy mayor pro tem, and the associate mayor pro tem, the city council shall elect a chair to preside until the end of the meeting or for the duration of the event. (b) Call to order. The meetings of the city council shall be called to order by the mayor, or in his absence or disability, by the mayor pro tem. In the absence or disability of both the mayor and mayor pro tem, the meeting shall be called to order by the deputy mayor pro tem. In the absence or disability of the mayor, the mayor pro tem, and the deputy mayor pro tem, the meeting shall be called to order by the associate mayor pro tem. In the absence or disability of the mayor, the mayor pro tem, the deputy mayor pro tem and the associate mayor pro tem, the meeting shall be called to order by the city secretary. (c) Preservation of order. The chair shall preserve order and decorum, prevent clash of personalities or the impugning of members' motives to occur and confine members in debate to the question under discussion. (d) Points of order. The chair shall determine all points of order, subject to the right of any member to appeal to the city council. If any appeal is taken, the question shall be, "Shall the decision of the chair be sustained?" (e) Questions to be stated. The chair shall state all questions submitted for a vote and announce the result. (f) Substitution for chair. The chair may call any other member to take his place in the chair, such substitutions not to continue beyond adjournment. Sec. 2-66. Appeal of rulings of the chair. Appeal of any ruling of the chair by any council member, at any meeting, may be instituted by the words "I appeal the ruling of the chair to the council." Such member shall then state his position on the ruling of the chair. At that point the chair shall immediately call for a vote of the council upon the appeal of the chair's prior ruling. The appeal shall prevail if it passes by a majority vote of those members voting on the question and the position of the objecting member shall prevail. If the chair fails to immediately call for a vote on the appeal, the mayor pro tem shall call for a vote on the appeal and the mayor pro tem shall be entitled to a vote on the appeal. In this event, if the appeal carries, the mayor pro tem shall preside during that portion of the meeting devoted to the appealed item and may vote on any substantive or procedural motion made. These rules regarding appeal shall apply to all meetings of the city council. Ordinance No.XXXX Page 5 of 11 Sec. 2-67. Order of business for regular or special meetings. (a) Regularorspecial citycouncil meeting agenda. The order of business of each regular or special meeting of the city council shall be as contained in the city council agenda prepared by the city manager. The agenda shall be a listing by topic of subjects to be considered by the city council. The mayor or any council member may request to add an item to the regular or special meeting agenda by proceeding with the agenda setting process set forth in section 2-64 of these rules of procedure. The proposed agenda and agenda packet shall be delivered to members of the city council each Thursday preceding the Monday evening meeting to which it pertains. (b) Consent agenda. In preparing the agenda, the city manager shall give consideration to the number and degree of complexity of items to be considered by the city council for the purpose of conserving the council's time in meetings. Items which are anticipated to be routine and require little or no consideration by the council shall be considered as a part of the "consent agenda." Prior to taking up the consent agenda, the mayor shall determine if there are any items thereon which should be removed from the consent agenda for discussion. Any council member may, upon request, remove any item from the consent agenda for discussion and individual action. Thereafter, all remaining consent agenda items may be acted upon by a single motion approving the consent agenda. (c) Council communications. The city manager shall provide the city council with a written analysis of and recommendation of items to be acted upon by the city council at its meetings. These communications shall be delivered to city council members along with the proposed agenda and agenda packet each Thursday preceding the Monday meeting at which they will be discussed, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. (d) Oral presentations by city manager. Matters requiring the council's attention or action which may have developed since the deadline for delivery of the written council communication (subsection (c) of this section) may, upon approval of the city council, and after satisfying the requirements of the Open Meetings Act, be presented orally by the city manager. (e) Presentations by the public. (1) Citizens presentation. The citizens presentation portion of the city council meeting is set for members of the public to address the city council on any item of business that is not listed on the agenda or that is not scheduled as a public hearing. Members of the public should complete a public meeting appearance form prior to the item being heard and present it to the city secretary. Such public appearance forms will state the rules for citizens presentation by the public and an acknowledgment by citizens that they understand and will adhere to the rules when addressing the city council. (2) Public comments. Any person wishing to address the city council during a regular or special meeting about any matter listed on the agenda but that is not scheduled Ordinance No.XXXX Page 6 of 11 as a public hearing shall complete a public meeting appearance form and present it to the city secretary prior to the matter being reached. Public comments are generally permitted at the beginning of the regular meeting, after ceremonial items, as specified on the agenda. Public comments are limited to matters within the subject matter jurisdiction of the city. (3) Public hearings. Any person wishing to address the city council during a regular or special meeting regarding an item listed on an agenda which is scheduled as a public hearing may complete a public meeting appearance form and present it to the city secretary prior to the matter being reached. Comments regarding an item scheduled as a public hearing shall be made at the time of the public hearing for that item. (4) No person may speak without first being recognized by the mayor. All persons wishing to address the city council shall be limited to three (3) minutes each and a cumulative limit of thirty (30) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. Any such time limits may be extended by majority vote of the council. The mayor may, with the concurrence of the city council, alter any of the enumerate time allocations based on the complexity of the item and the number of persons wishing to speak on the item. (5) In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of individuals wishes to address the council on the same subject matter, those individuals are encouraged to designate a spokesperson to address the city council. A spokesperson speaking for ten (10) or more individuals present in the council chambers shall be limited to a ten-minute presentation. Other members of the group cannot speak. The mayor or city secretary must be advised prior to the start that a group presentation will be made. The mayor may ask group members to stand to confirm ten individuals are present. (6) During public hearings, no person will be permitted to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the mayor, but may be appealed to the full city council. (7) Public meeting appearance forms may be used by members of the public who do not wish to or cannot verbally address the city council during a meeting. A person may indicate his comments and support or opposition for an agenda item on a public meeting appearance form. During the public testimony regarding the item, the mayor or city secretary will indicate that the city council has received written comments from (name of persons) in support of the project or issue and from (name of persons) in opposition. The minutes will reflect the city council's receipt of written comments in support or opposition of the project or issue. (8) A speaker shall not present the same or substantially the same items or arguments to the council repeatedly or be repetitious in presenting their oral comments. Nothing in the foregoing precludes submission of comments to the city council in writing, for such action or nonaction as the council, in its discretion, Ordinance No.XXXX Page 7 of 11 may deem appropriate. No person may speak twice to the same item until all persons wishing to speak have been recognized. A person will only be allowed to speak a second time when there is new evidence to present and the mayor, with the concurrence of the city council, rules that there is good cause to do so. (9) In compliance with the Texas Open Meetings Act, if a member of the public or a member of the city council inquires about a subject for which notice has not been given and is not listed on the meeting agenda, the mayor or the city manager, or his designee, may provide a statement of factual information or reference an existing policy in response to the inquiry. The city council shall not discuss, deliberate or vote on any matter not listed on the agenda, including those matters raised in citizens presentation, public comments or public hearings. Any requests or proposals for future agenda items resulting from presentations by the public shall be made by the mayor or city council member in accordance with Section 2-64 of these rules of procedure for placing items on meeting agendas. (10)The mayor should announce at the beginning of each meeting the need to maintain proper decorum in order to hear all view points and to refrain from speaking while others are speaking, clapping, etc., to express support or opposition to comments made. (11) No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any member of the council, city staff, or member of any city board or commission. Any such attack or attempted attack may be challenged with a point of order or the mayor may interrupt an offending speaker to enforce this rule. Sec. 2-68. Consideration of ordinances, resolutions, and motions. (a) Printed or typewritten form. All ordinances and resolutions shall be presented to the city council only in writing. (b) City attorney to approve. All ordinances and resolutions shall be approved as to form and legality (see Charter Article VI, section 6) by the city attorney. (c) Ordinances, when effective. Unless otherwise provided by applicable law, all ordinances, except those prescribing a fine or penalty, shall be effective from and after the date of passage, which may be upon one reading only; any ordinance prescribing a fine or penalty shall be effective from and after the publication thereof in the officially designated newspaper of the city. (d) Distribution of ordinances. The city secretary shall prepare copies of all proposed ordinances for distribution to all members of the city council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. (e) Recording of votes. The vote of each council member shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the city council. Ordinance No.XXXX Page 8 of 11 (f) Majority vote required. Approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority of all members of the city council present at the meeting at which the vote is taken, except as otherwise provided for in these rules or by state law. (g) Tie vote. In the event of a tie vote on any motion, the mayor shall vote to break the tie. (h) Voting required. No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial interests are involved, or unless excused by the mayor for other valid reasons. (i) Order of precedence of motions. The following motions shall have priority in the order indicated- (1) Adjourn (when privileged). (2) Take a recess (when privileged)*. (3) Raise a question of privilege. (4) Lay on table. (5) Previous question (two-third vote required). (6) Limit or extend limits of debate (two-thirds vote required)*. (7) Postpone to a certain time*. (8) Commit or refer*. (9) Amend*. (10) Postpone indefinitely. (11) Main motion*. *Can be amended, others cannot. (j) Reconsideration. A motion to reconsider any action of the city council can be made not later than the next succeeding official meeting of the city council. All motions, discussions and actions to be reconsidered shall be submitted to the city manager to be listed on the agenda at the formal official meeting. The city manager shall not be authorized to list same on the work session agenda. A motion to reconsider can only be made by a member who voted with the majority. It can be seconded by any member. The motion to reconsider shall require a majority vote to carry. If the motion to reconsider passes, the city council shall reconsider and take action on the corresponding item. No question shall be reconsidered twice except by unanimous consent of the city council, except that action relating to any contract may be reconsidered at any time before the final execution thereof. (k) The previous question. When the previous question is moved and seconded it shall be put as follows, "Shall the main question be now put?" There shall be no further amendment or debate; but pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question Ordinance No.XXXX Page 9 of 11 remains before the city council. An affirmative vote of two-thirds of the city council shall be required to move the previous question. (1) Withdrawal of motions. A motion may be withdrawn, or modified by its mover without asking permission until the motion has been stated by the chair. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the council. (m) Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but more than one amendment to an amendment shall not be in order. (n) Appropriation of money. Before formal approval by the city council of motions providing for the appropriation of money, information must be presented to the city council showing the purpose of the appropriation and the account to which it is to be credited. In addition, before finally acting on such an appropriation, the city council shall obtain a report from the city manager as to the availability of the appropriation. (o) Transfer of appropriations. Upon written recommendation of the city manager, the city council may at any time transfer an unencumbered balance of an appropriation made for the use in one department or division to any other department or division. SECTION 3: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4: 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 in the Code of Ordinances of the City of North Richland Hills 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 5: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance No.XXXX Page 10 of 11 ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9: This Ordinance shall be in full force and effect from and after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 1 1t" day of December, 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 RECOMMENDED: Mark Hindman, City Manager Ordinance No.XXXX Page 11 of 11 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 13, 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: City Hall and other non-emergency city offices will be closed Nov. 23 and 24 for the Thanksgiving holiday. Garbage and recycling will not be collected on Thanksgiving Day. Thursday's collections will be made on Friday, with Friday's collections shifting to Saturday. Join us on Thursday, November 30t" at 6 p.m. for the annual NRH Christmas Tree Lighting. The event will take place at Stormy Plaza Park, next to the Library. Families will be able to enjoy the Christmas Tree and the holiday lights and scenery along Hawk Avenue through January 2nd. Please visit the city's website for more information about the Christmas Tree Lighting and other upcoming holiday activities. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Trish Watson in Neighborhood Services — A business owner emailed praises for Trish saying: "She was a tremendous wealth of information from day one. She walked us through the process of many things and took the time to give us suggestions and educate us so we could do it right the first time. She responds quickly to her emails and phone calls, which is a lost courtesy these days with many people. We think the city is lucky to have a great health inspector to watch out for us business owners and consumers. Thank you!"