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CC 2024-03-04 Agendas
t4RH NOKTH RICH�AND HILL CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, MARCH 4, 2024 WORK SESSION: 6:00 PM Held in the Council Workroom CALL TO ORDER 1 Discuss items from regular City Council meeting. FUTURE AGENDA ITEM(S) The purpose of this item is to allow the Mayor and Council members an opportunity to bring forward items they wish to discuss at a future work session. In accordance with the Texas Open Meetings Act, any discussion shall be limited to a proposal to place the item on a future agenda. The Council shall not vote, or take any action on the items during this meeting. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. Monday, March 4, 2024 City Council Agenda Page 1 of 4 1. Section 551.037: Deliberation regarding Economic Development neqotiations - 791 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 the minutes of the February 26, 2024 City Council meeting. B.2 Approve purchase of one AT32 DP/DHT Ditch Witch Borinq Machine and Trailer, and two HX75A Hydro Excavators from The Charles Machine Works (Ditch Witch) in the amount o 77 ,715, through Sourcewell Contract FP-11041. C. PUBLIC HEARINGS Monday, March 4, 2024 City Council Agenda Page 2 of 4 C-1 ZC23-0089, Ordinance No. 3844,_EgkE�g hearing and consideration of a request from Barton Survevinq and Laser Scanning change from RE-1 (R. sidential Estate) to RE-2 (Re idential Estate} at 6809 Little Ranch Road, being 0.55 acres described as a portion of Lot 7, Block 1, Morgan Meadows. D. PLANNING AND DEVELOPMENT D-1 PLAT24-0058 Consideration of aLe request from Barton Surveying and Laser Scanning_LLC for a_replat of Lots 7R1 and 7R2, Block 1, Morgan Meadows Addition being 1.836 acres located at 6809 Little Ranch Road. E. PUBLIC WORKS E-1 Consider a change order for the Walker Branch Channel Repair Project (DRlZgl in the amount of $57,1 0. _L F. GENERAL ITEMS F-1 Consider Resolution No. 2024-017, authorizing submission of the application and acceptance o allocated funds if awarded for the Texas Governor's Office Homeland Security ivision FY2025 North Texas Anti-Gang Center, Grant 2848910. 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, March 1, 2024 by 3:00 PM. Monday, March 4, 2024 City Council Agenda Page 3 of 4 Traci Henderson, Assistant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, March 4, 2024 City Council Agenda Page 4 of 4 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 4, 2024 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 agenda 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: March 4, 2024 SUBJECT: Approve minutes of the February 26, 2024 City Council meeting. PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer 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 the minutes of the February 26, 2024 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 FEBRUARY 26, 2024 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26th day of February at 6.00 p.m. in the Council Workroom prior to the 7.00 p.m. regular City Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 Rita Wright Oujesky Place 2 Suzy Compton Place 3 Mason Orr Place 4 Blake Vaughn Associate Mayor Pro Tem, Place 5 Scott Turnage Deputy Mayor Pro Tem, Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Manila Assistant City Manager Trudy Lewis Assistant City Manager Caroline Waggoner Assistant City Manager Alicia Richardson City Secretary/Chief Governance Officer Cara White Interim City Attorney Staff Absent: Karen Manila Assistant City Manager CALL TO ORDER Mayor Trevino called the meeting to order at 6.00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Mayor Trevino stated that staff recommends City Council remove item B.2 from the consent agenda and take no action on them item. 2. DISCUSS THE TRAFFIC CALMING POLICY. Assistant City Manager Caroline Waggoner provided an overview of the city's traffic calming policy. In 1994, the City Council approved an ordinance for "road humps", which February 26, 2024 City Council Meeting Minutes Page 1 of 10 was subsequently amended in 2001. The ordinance addressed road humps in low density areas with the cost being the responsibility of the residents. In 2003, the ordinance was repealed and the city adopted an internal traffic calming policy managed by staff. She shared that the cost of road humps installed after 2003 were split 50/50 between the city and residents. Ms. Waggoner reviewed the eligibility requirements and evaluation criteria used by staff to determine the street's suitability for traffic calming measures. The traffic calming policy has a tiered approach to traffic calming measures: Tier 1 - improved speed limit signage, police enforcement measures, and driver feedback signs and Tier 2 - rumble strips and speed humps. Ms. Waggoner provided an illustration for residential traffic studies conducted and the number of streets eligible for road humps from 2000-2023. She shared that the city conducted 71 studies (33% approved) between 2001-2023 compared to 97 studies between 1993-2000. Eligibility for traffic calming measures - - Functionally classified as local, as specified in the City of North Richland Hills' Transportation Plan - No more than two travel lanes, one in each direction - Traffic volumes must be less than four thousand (4,000) vehicles per day (vpd). Priority shall be given to streets that have traffic volumes that exceed two thousand (2,000) vpd on an average day. - Posted or prima facie speed limit of 30 mph or less in accordance with the state law. Evaluation criteria for traffic calming measures - - Traffic Volumes (average weekday) - Traffic Speed (average weekday) - Posted Speed Limit - Physical Data (width, drainage, horizontal and vertical alignment) - Accident Data - Sidewalks - Mid-Block Crosswalks - Location of schools and community facilities - Routes of emergency vehicles City Council and staff discussed the philosophy of the 85% percentile; educating vs. discouraging the public regarding traffic calming measures; city's concern with deploying speed humps near schools; how the city determines traffic volume; opportunity for the public to appeal staff's decision; the necessary number of people (3) to start the process and 80% of the neighbors on the street in agreement for the neighborhood's participation for road humps; and how speed cushions are installed. FUTURE AGENDA ITEM(S) February 26, 2024 City Council Meeting Minutes Page 2 of 10 There were no requests from City Council for future agenda items. EXECUTIVE SESSION 1. SECTION 551.071: CONSULTATION WITH THE CITY ATTORNEY TO SEEK ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION - DEMAND LETTER RECEIVED FROM JOE HALE. Mayor Trevino announced at 6.26 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 : Consultation with the City Attorney to seek advice about pending or contemplated litigation - Demand letter received from Joe Hale. Executive Session began at 6.28 p.m. and concluded at 6.38 p.m. Mayor Trevino announced at 6.38 p.m. that City Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order at 7.00 p.m. Present: Oscar Trevino Mayor Tito Rodriguez Place 1 Rita Wright Oujesky Place 2 Suzy Compton Place 3 Mason Orr Place 4 Blake Vaughn Associate Mayor Pro Tem, Place 5 Scott Turnage Deputy Mayor Pro Tem, Place 6 Kelvin Deupree Mayor Pro Tem, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary/Chief Governance Officer Cara White Interim 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. February 26, 2024 City Council Meeting Minutes Page 3 of 10 A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Mr. Russ Mitchell, 3917 Diamond Loch West, shared that he discussed his concerns for Fossil Creek with the Parks and Recreation Board. He expressed his gratitude to city employee Tanner Arwine and Adrien Pekurney for the work performed at Fossil Creek Park. He asked City Council to contact the Army Corps of Engineers for their assistance at Fossil Creek Park. A.5 PUBLIC COMMENTS There were no requests to speak from the public. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA Council member Orr removed item B.2 from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUIESKY, SECONDED BY MAYOR PRO TEM DEUPREE TO APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF B.2 MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE THE MINUTES OF THE FEBRUARY 12, 2024 CITY COUNCIL MEETING. B.2 Item removed from the consent agenda. B.3 AWARD RFB NO. 24-007 TO THE PAYSAGE GROUP LLC DBA SMITH LAWN AND TREE IN THE AMOUNT OF $825,347 FOR PARKS, FACILITIES AND RIGHTS-OF-WAY MOWING AND LANDSCAPING SERVICES. B.4 CONSIDER RESOLUTION NO. 2024-014, AUTHORIZING SUBMISSION OF THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE TEXAS PARKS AND WILDLIFE DEPARTMENT RECREATIONAL TRAILS GRANT FOR CITY POINT TRAIL, GRANT #REC-2024-CITY OF NRH-00050. February 26, 2024 City Council Meeting Minutes Page 4 of 10 B.5 CONSIDER RESOLUTION NO. 2024-015, AUTHORIZING THE SUBMISSION OF THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE TEXAS A&M FOREST SERVICE COMMUNITY TREE PLANTING GRANT FOR IRON HORSE BOULEVARD. C. PUBLIC HEARINGS CA ZC24-0093, ORDINANCE NO. 3841, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KIMLEY-HORN & ASSOCIATES FOR A REVISION TO PLANNED DEVELOPMENT 36 AT 9101 NORTH TARRANT PARKWAY, BEING 24.65 ACRES DESCRIBED AS LOT 1A1, BLOCK 1, WAL-MART ADDITION. APPROVED Mayor Trevino opened the public hearing for items C.1 and C.2 and called on Director of Planning Clayton Comstock to introduce the items. Mayor Trevino announced that items C.1 and C.2 would be presented together and that City Council would take separate action on each item. Mr. Comstock informed City Council the applicant is requesting a revision to Planned Development 36 to allow a drone "heliport/landing pad" in the Walmart Supercenter parking lot at 9101 North Tarrant Parkway. The companion item, C.2, is a request for a special use permit for a drone "heliport/landing pad" in the Walmart Supercenter parking lot at 6401 Northeast Loop 820. Mr. Comstock presented site photos of the property. Mr. Ivan Jaime, Director of Government and Public Affairs, Walmart, 16503 Road, San Antonio, Texas, presented the request. In attendance with Mr. Jaime were North Richland Hills Walmart store managers Jeff Flood and Andrew Richard. Applicant representative Bernice Espinoza with Kimley Horn & Associates in the San Antonio office, presented the site plans for the drone delivery locations. She shared that both site plans show the "heliport/landing pad" will be located in the existing parking lot and will use 28 parking spots. Mr. Bailey Edwards with Wing Aviation, 3400 Hillview Avenue, Suite 4, Palo Alto, California, provided an overview of their company that started in 2012 and became a stand-alone company in 2018. In response to the demand for commercial delivery, their company has completed 350,000 commercial deliveries across three continents. Their drones weigh 11.4 pounds, fly at 65 miles per hours at 150 feet in the air and have a delivery range of six miles. The maximum weight a drone can carry is 2.6 pounds. Mr. Edwards shared that they are regulated by FAA for airspace safety and flying routes. February 26, 2024 City Council Meeting Minutes Page 5 of 10 City Council and Mr. Edwards discussed routes of the drone, distance range from the stores, deliveries to adjacent cities within the six mile range, privacy for citizens (camera on drone), eligibility for delivery may not be available for properties with a lot of trees, options for front or back yard delivery, safety of drones, delivery hours, unique routing for drones, weather restrictions, delivery to apartments, customer service and cost for delivery service. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their February 15, 2024 meeting, recommended approval with a vote of 5-0 for both requests. This is a one-year pilot program and staff plans to receive comments from the public during the pilot program. Staff received one complaint and a copy was provided to City Council tonight. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak for or against the item to come forward. Ms. Tracy Bennett, 3825 Scruggs Drive, asked what data the city would like to see from the pilot program, how long the drone video is maintained, and which municipality receives sales tax if deliveries are to adjacent cities. Mayor Trevino asked staff to respond to the sales tax question. Mr. Hindman clarified that North Richland Hills would receive the sales tax if merchandise is ordered from stores in our city. 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 WRIGHT OUIESKY TO APPROVE ORDINANCE NO. 3841. MOTION TO APPROVE CARRIED 7-0. C.2 ZC24-0094, ORDINANCE NO. 3842, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KIMLEY-HORN & ASSOCIATES FOR A SPECIAL USE PERMIT FOR A HELIPORT/LANDING FIELD AT 6401 NE LOOP 820, BEING 25.09 ACRES DESCRIBED AS LOT 1 R, BLOCK 6, TAPP ADDITION. APPROVED February 26, 2024 City Council Meeting Minutes Page 6 of 10 This item was presented in conjunction with item C.1. A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3842. MOTION TO APPROVE CARRIED 7-0. C.3 CONSIDER ORDINANCE NO. 3843, PUBLIC HEARING TO CONSIDER TEXT REVISIONS AND AMENDMENTS TO CHAPTER 118 - ZONING, ARTICLE V, DIVISION 5, AS WELL AS CHAPTER 10 - AMUSEMENTS AND ENTERTAINMENT OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES REGARDING PROPOSED AMENDMENTS TO COMBINE PROVISIONS ADDRESSING COMMUNITY AND SPECIAL EVENTS, INCLUDING GARAGE/ESTATE SALES. APPROVED Mayor Trevino opened the public hearing and called on Director of Neighborhood Services Stefanie Martinez to introduce the item. Ms. Martinez provided an overview of the proposed amendments that clarify and address community and special events, to include garage/estate sales. The ordinance provides flexibility for property owners, estate sale organizers, private businesses and non-profit organizations. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. 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 COMPTON TO APPROVE ORDINANCE NO. 3843. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. February 26, 2024 City Council Meeting Minutes Page 7 of 10 F. GENERAL ITEMS FA AUTHORIZATION TO REJECT BID RECEIVED FOR BID NO. 24-008 FOR THE NRH2O GREEN EXTREME REPLACEMENT CONSTRUCTION PROJECT. APPROVED Director of Parks and Recreation Adrien Pekurney advised the item for City Council's consideration is to reject the bids for the NRH2O Green Extreme replacement construction project. The bid exceeded the available funding and timeline. Staff is developing an alternate approach for the construction and timeline, revising the construction specifications and will re-bid the project. A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO REJECT ALL BIDS RECEIVED FOR BID NO. 24-008 FOR THE NRH2O GREEN EXTREME REPLACEMENT CONSTRUCTION PROJECT. MOTION TO APPROVE CARRIED 7-0. F.2 CONSIDER RESOLUTION NO. 2024-016, AUTHORIZING SUBMISSION OF A REGIONAL GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE FY 2023 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM - VEHICLE ACQUISITION IN THE AMOUNT OF UP TO $1,000,000 WITH THE MATCH BEING UP TO $100,000 AND AUTHORIZE THE EXECUTION OF THE ASSOCIATED TERMS AND CONDITIONS. APPROVED Fire Chief Stan Tinney shared that the Fire Department is coordinating a grant application for a mobile command vehicle. The application is through the Assistance to Firefighters Grant (AFG) which funds critically needed resources. The City of North Richland Hills is a member of the Northeast Fire Department Association (NEFDA) and the North Richland Hills Fire Department will serve as the administrator if the grant is awarded. The application requests $1,000,000 in funding to replace a command post vehicle for NEFDA. The local match of 10% ($100,000) will funded by NEFDA. A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR PRO TEM DEUPREE TO APPROVE RESOLUTION NO. 2024-016. MOTION TO APPROVE CARRIED 7-0. February 26, 2024 City Council Meeting Minutes Page 8 of 10 B.2 AUTHORIZE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR THE SOLID WASTE GRANT PROGRAM. NO ACTION TAKEN BY CITY COUNCIL. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced there was no action necessary as the result of Executive Session. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Council member Orr made the following announcements. New York Times bestselling author C.J. Box returns to the NRH Library this Tuesday, February 27, 2024 to celebrate the release of his new book, Three-Inch Teeth. This free event will begin at 1.00 p.m. on the 2nd floor of the library. Please visit the library website for more details. Join NRH Parks & Recreation the first Saturday of the month at different park locations for Play Today NRH. On Saturday, March 2, 2024 they will be at Northfield Park with games and activities from 10.00 a.m. to 11.30 a.m. All ages and abilities are welcome. Early voting for the March 5, 2024 Democratic and Republican Primaries continues through March 1 , 2024. Area polling locations include City Point United Methodist Church, the former Bursey Road Senior Center, and Tarrant County Northeast Courthouse. Visit the Tarrant County Elections website to access your sample ballot, voting hours and more information. Kudos Korner - Drew Weinberg, Kent Spencer, Todd Mayes, Casey Kirkpatrick, and Brandon Moore in the Fire Department - A resident shared a note of appreciation for the crew that responded when she had a medical emergency. "All were kind, patient, and at the same time professional. I realize it's their job, but they made something serious less scary and were right beside me from the time they arrived at my house to when they took me to the ER. Thank you." I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8.37 p.m. February 26, 2024 City Council Meeting Minutes Page 9 of 10 Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer February 26, 2024 City Council Meeting Minutes Page 10 of 10 CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: February 26, 2024 Subject: Approve purchase of one AT32 DP/DHT Ditch Witch Boring Machine and Trailer, and two HX75A Hydro Excavators from The Charles Machine Works (Ditch Witch) in the amount of $772,715 through Sourcewell Contract #RFP-110421. Presenter: Zane Ryan, Fleet Manager Summary: The FY 2023/24 Adopted CIP Budget includes the replacement of a Ditch Witch Boring Machine and two Ditch Witch Hydro Excavation units for Public Works. It is recommended that these three units be purchased using Sourcewell RFP # 110421 . General Description: The table below identifies the new equipment for City Council's consideration. Qty. Description Department Cost 1 Ditch Witch AT- 32 DP/DHT Public Works $458,581 Boring Machine — Trailer Mounted 1 Ditch Witch HX-75A Hydro Public Works $159,567 Excavator 1 Ditch Witch HX75A Hydro Public Works $154,567 Excavator TOTAL $772,715 In the FY 2023/24 Adopted CIP Budget, funding was approved for the purchase of the trailer mounted Boring Machine and all related piping and hardware. In addition, both Hydro Excavators were also approved for Public Works. All three of these units have exceeded their life expectancy and the cost of repairs and downtime is having a negative impact on the Public Works Department workload. The City of North Richland Hills is a member of interlocal groups and utilizes existing contracts with vendors through the local and national Government Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. The Charles Machine Works (Ditch Witch) has submitted quotes using Sourcewell RFP 110421 totaling $772,715 for these three units. City staff is recommending purchasing these through this Sourcewell contract. The FY 2023/24 Adopted CIP Budget includes funding in the Fleet Services Fund for the replacement of these vehicles. Recommendation: Authorize the purchase of a 2023 Ditch Witch boring machine and two hydro excavation trailers from The Charles Machine Works (Ditch Witch), using Sourcewell Cooperative Contract RFP No.110421 in an amount not to exceed $772,715. DocuSign Envelope ID: 15AD1FE4-D741-43C6-8246-6810E87B2962 110421-CMW NIN ''SOUrcewell Solicitation Number: RFP #110421 CONTRACT This Contract is between Saurcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Saurcewell) and The Charles Machine Works, Inc., 1959 West Fir Ave., Perry, OK 73077 (Supplier). Saurcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Saurcewell issued a public solicitation for Public Utility Equipment with Related Accessories and Supplies from which Supplier was awarded a contract. Supplier desires to contract with Saurcewell to provide equipment, products, or services to Saurcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 27, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Saurcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following; Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2021 1 oocuS|gn Envelope ID: 15Aolps4-n414aCo-8z4s-6u1cExrazSm2 11O42l-CMW Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract rnUSt be new and the Current model. Supplier may offer close-out or refurbished Equipment or Products i[they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment O[ Products must b2delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity ofsales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended for the duration of Supplier's written warranty for such item. Other than the warranties in this paragraph, and Supplier's express written warranties for its products, Supplier expressly disclaims all other warranties, express or implied. Supplier agrees to work with its dealers and distributors tnassist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that iSeffective beyond the expiration mfthe Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide toSourcevvell a current means tV validate mr authenticate Supplier's authorized dealers, distributors, orreSe||ers relative tothe Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure SOUrcew/el| receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price Stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs tO the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote tothe applicable Participating Entity at the time Ofpurchase. Rev. 3/IO3l 2 000uSign Envelope ID: 1oAolps4-D741-43C8-8248-681Cep7azu8z l|O42l-CMW A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged, Damaged Equipment and Products may he rejected. If the darn3ge is not readily apparent at the time ofdelivery, Supplier must permit the Equipment and Products tnbe returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier aS soon aspossible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable t0the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcevvell may declare the Supplier inbreach of this Contract ifthe Supplier intentionally delivers substandard or inferior Equipment OrProducts. B. SALES TAX, Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certifiCadon/s\. When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will Offer Hot List Pricing, it must be submitted electronically to Sourc2VVe|l in a line-item format, Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcevve|| Price and Product Change Form as defined in Article 4below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must bepublished and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting 8 Signed Sourcevvell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcevve|l Supplier Development Administrator. At 8 minimum, the request must: o Identify the applicable SourcevVell contract nurnber| Rev. 3/2021 3 000 SNnEnvempe0: 1SAoxps4-]741-43CO-8a48*mCs8782ee2 ll042i-CMW • Clearly specify the requested change; • Provide sufficient detail tm justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change /e.g, addition, deletion, price change); and o Include complete restatement ofpricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement rnUSt include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed SoUrC2VVell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated byreference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. SoUrcevve||'6cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/pr0vince, municipal, K-12and higher education, tribal government, and other public entities. The benefits Ofthis Contract should be available tmall Participating Entities that can legally access the Equipment, Products, or Services under this Contract, A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, inter|oC@L or joint powers |avVa. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to 'O|U 5ourCevve|l. SOU[cevvell reserves the right to add and remove Participating Entities to its roster during the term of this Contract, B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, e Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between SOUrCeVvelland Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized Rev. 3/2O21 4 000umgn Envelope ID: 15Ao1pE4-o74143C0-82*6-6$10E87e2962 110421-C2Y[W subsidiary, distributor, dealer, or reS2|ler. If Participating Entity iBU25 a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods Dr other Supplier OrParticipating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Souroevvellvvill have nO liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions tDa purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action Orinnnnigrathon status requirerneniS), or specific local policy requirements. Some Participating Entities may require the use of3 Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not 68 made e party toa claim for breach Df such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate amorder, in whole or in part, immediately upon notice to Supplier in the event Of any Of the following events: I. The Participating Entity fails to receive funding orappropriation from its governing body at levels sufficient to pay for the equipment, products, orservices tObe purchased; or 2. Federal, state, mrprovincial laws Vr regulations prohibit the purchase Vr change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev.3/2OZ1 5 DoruSign Envelope ID: 15xo1ps4-D7*1-43C8-8248-681ce87e2962 l[A42l-CMW • Maintenance and management Vf this Contract; • Timely response to all SQVrcevve|l and Participating Entity inquiries; and • Business reviews to SVurceVVel/ and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier rnU6t perform @ nnin|nnurn of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, Supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (ReporL) tOthe Sourcevv8|| Supplier Development Administrator assigned LQ this Contract. Reports are due no later than 45 days after the end Vf each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e, if there are no sales, Supplier rnU6L submit @ report indicating no sales were nn6de). The Report must contain the following fields: • Participating Entity Name (e.g, City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; m Participating Ent|tySt3tp/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • 5ourcevv8llAssigned Entity/Pa rticipati rig Entity Number; • Item Purchased Description; • Item Purchased Price; w Sourcevvell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by SOUrCevve||, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. Rex.3/20Z1 6 oncuSign Envelope ID: 15Ao1ps4-o741-43C0-8246-681cs87e2e62 [lO42l-CMW The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total Sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and SOUrC2VVell-a8sigDed contract number in the memo; and must be mailed tothe address above "Attn: Accounts Receivable" or remitted electronically to 5Ourcevve||'5 banking institution perSourcevvel|'s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each C3|8nd8r quarter. Supplier agrees tO cooperate with SnurCevve|| in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. |U the event the Supplier iS delinquent in any undisputed administrative fees, 5ou[cevvell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. |n the event this Contract iScancelled by either party prior tOthe Contract's expiration date, the administrative fee payment will be due no more than 3Odays from the cancellation date. 9. AUTHORIZED REPRESENTATIVE 5Vurcevvell'sAuthorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify SOUrCevve|| in writing. 1Q. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section I6C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcevvell or the Minnesota State Auditor for 3 [ninirnUnn 0f six years from the end of this Contract. This clause extends to Participating Entities as it relates to business Conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations Under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must beiUwriting and will not beeffective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the Rev. 3/2OI1 7 oocu3ign Envelope ID: 15ADlFE4-D741-43C6-8246-8810E87e2962 llA42l-CMW circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms Set out in Articles 1-22 of this Contract, the terms of Articles 1'22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create opartnership,jointventure, Vr any other relationship such @S masterservant, DrpriDdpal-@gent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcevvell and its Participating Entities, including their agents and employees, harmless from any claims Vr causes Df action, including attorneys' fees incurred bySourcevv2|| or its Participating Entities, arising out Vf any act Dr omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications and operating instructions. Sourcevve||'3 responsibility will be governed by the State Of Minnesota's Tort Liability Act (Minnesota Statutes Chapter466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and SoVrcevvell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter l3, as it applies toall data provided byOr provided toSourcevve|| under this Contract and aSit applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant nfLicense. During the term of this Contract: a. Sourcevv2|l grants to Supplier royalty-free, worldwide, non-exclusive right and license to use1hetradern@rk(6) provided to Supplier bySnu/cevve|| in advertising and promotional materials for the purpose of marketing 5ourcevve||'s relationship with Supplier. b. Supplier grants tq Sourcevve|| 8 royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose Ofmarketing Supplier's relationship with SOVrcevvel|. Rev. 3/2021 8 oonuSign Envelope ID: 15xo1pE4-D711-43C6-82*0-6810E87u2982 1lA42l-CMW 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional DOat2ri8)5 for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject tothe terms and conditions of this Article. Each party will be responsible for any breach of this Article by any oftheir re3pectivesublicenSee6. 3. Use; Quality Control. a. Neither party may alter the other party'strademarks from the fOFnn provided and must comply with removal requests as to Specific uses of its trademarks or logos. h. Each party agrees t0 use, and to cause its Permitted SubliC2DseestO use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 3O days of the date of the written notice tu cure the breach or the license will be terminated. 4. As applicable, Supplier agrees 1O indemnify and hold harno|eSDSourCevv2ll and its Participating Entities against any and all Suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier' in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted 3ub|iCenseeS, will have 3D days to remove all Trademarks from signag2, vvebsite5, and the like bearing the other party's name or logo (excepting Sourcevv2||'apre-printed catalog Vf suppliers which may be used until the next printing\. Supplier must return all marketing and promotional materials, including Signage, provided bySoUrcevve||, ordispose ofit according toSourceVvell'S written directions, B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, pubUiCations, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, mr offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned tu this Contract. D. ENDORSEMENT, The Supplier must not claim that SourCeVvell endorses its Equipment, Products, orServices, Rev.3/2O21 g Doo8ign Envelope ID: 1oxo1+s4-Dv41-4aCG-8z4n-6m1csmrozesa |10421-CMW 14. GOVERNING LAW,JURISDICTION, AND VENUE The substantive and procedural laws Vf the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must bein the appropriate state court inTodd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default Caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice ofthe default. 16, SE\/ERAB|UTY |f any provision of this Contract isfound bya court of competent jurisdiction to be illegal, unenforceable, or void then both parties will he relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues aSfollows: l. Notification, The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the isaue(s), relevant impact, and positions uf both parties. 2. Escalation, |f parties are unable to resolve the issue in a timely manner, as specified above, either SnUrCeVVell or Supplier may escalate the resolution of the issue to a higher level of management. A party will have 3O calendar days tn cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of dispute, the Supplier Must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. |fthe Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred bySourCevve|| and/or its Participating Entities asa result Of such failure toproceed. B. DEFAULT AND REMEDIES, Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, indefault: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev.3/20I1 10 onc signEmempem: 15xo1ps4-o741-43C8-8246-6810E87B2e62 110421-C2K[W The party claiming default must provide written notice ofthe default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated DF other damages. |fthe default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by lovv or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. 0NSQRA0CE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance pD|i[y/ies\ in effect @t all times during the performance of this Contract with insurance cornp3ny(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: l. Workers' Compensation and Employer's Liability, Workers' Compensation: As required by any applicable law orregulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: K4ininAUnn limits: S5DO,OOO each accident for bodily injury byacddent $5OO,OOO policy limit for bodily injury bydisease $5OD,OOD each employee for bodily injury bydisease Z. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office /"|SD''\ Commercial General Liability Form CGO001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, prod ucts-com pleted operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage nnM6t be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $I,000,000 Personal and Advertising Injury $2,DOO,000 aggregate for Prod uCts-Connp|etedoperations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev.3/Z0l1 11 oncoSign Envelope ID: 15AolFE4-D741~*3Cu-8z4o-6o10E8rezS8o 110421-CM\R/ no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. K4iOirnurn Limits: $l,OOO,DOO each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. K4inirnunn Limits: $2,000,000 5. Network Security and Pyk/OCy Liability Insurance. During the term of this COO1n]C±, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of computer virus, or denial of service. K4ininnVrn limits: $2,OOO,0OD per occurrence $2,000,000annU3l aggregate Failure nf Supplier to maintain the required insurance will constitute material breach entitling SOUrCevvel| to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcevve|| g certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed tm SOurcevvelL 202 12th Street Northeast, P.O. Box 219, Staples, MN 56478 nr sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by e person authorized by the insurer(s) to bind coverage On their behalf. Failure to request certificates of insurance bySourcevve||, or failure Of Supplier to provide certificates of insurance, inno way limits orrelieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or enclorsement(s) must further provide that coverage is Rev. 3/3021 12 ououSign Envelope ID: 1mAD1ps4-D741-*oCo�246-081csu7ou8du ll042|-CMW primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers 1O waive subrogation rights against Sourc8vv8U and other additional insureds for losses paid under the insurance policies required by this Contract o/ other insurance applicable tOthe Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its SUbcontr@ctors. Where permitted by lJv4 Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS L|AB|L|TY/SELF-|NSURED RETENTION. The ||[n|ts required by this Contract can be met by either providing a primary policy nrin combination with umbrella/excess liabilitypV|icy(ies), or self-insured retention. 19. CON9PUAy4CE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier rnVSt maintain ava|id and current status mn all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with SOUrCevVell and Participating Entities. 20. BA0KRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to SourceVvell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcevvel| in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State o[Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice toSourcevve|| if this certification changes at any time. Rev. 3/2D21 13 D^ous|gn Envelope ID: 15Ao1FE4-o741-4306-82*6-6810E87132e62 llU42l-CMW 21. PRC3\/|S!ONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant o[ FEMA funds tOpurchase goods or services from this Contract may be subject to additional requirements including the procurement standards ofthe Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 2OO. Participating Entities may have additional requirements based OD specific funding source terms Or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under41 C.F.R. G 60, all contracts that meet the definition Of "federally assisted construction contract" in 41 C.F.R. § 6O- 1.3 must include the equal opportunity clause provided under 41 [F.R. §5O-l.4/b\, in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 19G4-I965 [Ornp, p. 338), aSamended by Executive Order 1l375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at41 [F.R. § 5O, "Office ofFederal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, A8 AMENDED /4OU.S.C. § 3141-3l48\. When required by federal program legislation, all prime construction contracts in excess of$2,OQOawarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § B141-3144, and 3146-3148) assupplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and rnechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department Of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage deterrni nation. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (4OU.S.C. § 3145), a6supplemented by Department 0fLabor regulations (Z9 C.F.R. § 3, "Contractors and Subcontractors on Public Building nr Public Work Financed in Whole orin Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation towhich hemr she i6 otherwise entitled. The non-federal entity must report all suspected or reported violations t0the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. Rev. 3/ZO21 14 oocus|gn Envelope ID: 1nAD1pE4-or«1-43Co-82*0-6810EB7B2goz l\A42|-CMW C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT /40U.S.C. § 3701-3708\. VVh2re applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.SZ §§ 37D2 and S7O4, @5 supplemented 6y Department of Labor regulations /29 C.F.R. § 5\. Under 4OU.5.C. § ]7O2 of the Act, each contractor must be required tD compute the wages of every mechanic and laborer mn the basis Ofa standard work week of40 hours. Work inexcess of the standard work week is permissible provided that the worker is compensated at a rate of not |e55 than one and a half times the basic rate of pay for all hours worked in excess Df4O hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials Drarticles ordinarily available onthe open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by5oVrcevvell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS T(} INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. |f the federal award meets the definition of "funding agreement" Linder 37 C.F.R. § 401.2/a\ and the recipient or SUbrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or, research work under that "funding agreennent," the recipient orSUbrecipiBnt must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreennent3," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts bySVurcevvell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42U.S.C. § 7401-7G71Ci) AND THE FEDERAL WATER POLLUTION CONTROL ACT /33U.S.[. § 1251-l387\. Contracts and subgrantSmf amounts in excess Qf$15O,OOOrequire the non-fecl2r@| award tm agree to comply with all applicable standards, orders Orregulations issued pursuant to the Clean Air Act (42U.S.C. § 74O1- 7671q) and the Federal Water Pollution Control Act aS amended (33U.S.C. § 12G1- 1387). Violations must be reported tU the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above, F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (See 2 [F.R. § 180.220\ must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §IOO that implement Executive Orders 12549 /3 C.F.R. § 1986 Comp., p. 189\ and 12689 /3 C.F.R. § 1989 Comp., p. 235\, "Debarment and Suspension." SAK4 Exclusions contains the names Rev. 3/2O21 15 oocuSign Envelope ID: 15*o1ps4-D741-43c6-824e-681cs87a2962 llA47l-CMW of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department oragency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, Or any other award covered by31U.S.C. § 1352. Suppliers must disclose any lobbying with, non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier totier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment /31 U.S.C. § 1352\. H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 fora period of years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, a3 applicable, and all other pending matters are closed. i ENERGY POLICY AND CONSERVATION ACT COMPLIANCE, To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AK4E0CANPROVISIONS COMPLIANCE. TO the extent applicable, Supplier rnustComply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 2OO.336). Supplier agrees that duly authorized representatives of a federal agency Must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2C.F.R. § 2UO.32J). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev.3/2Ol1 16 Doous|gn Envelope ID: 15ADlps4-D/41-43Co-824n*m10En7B2g82 llO47l-CMW and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage ofrecovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value Df the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. N[) OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government iS not B party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract Qr any purchase by8n authorized user. O. PROGRAM FRAUD AND FALSE (}R FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that B1U.S.[. 38 (Administrative Remedies for False Claims and Statements) applies tOthe Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that iti3 non-delinquent in its repayment ofany federal debt. Examples mf relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, SoUrCevve|L and Participating Entity as soon as possible if this Contract Or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part2OM\. The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Squrcevve||, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. H. U.S. EXECUTIVE ORDER 13Z24. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of C.F.R. § 200.216. Rev. ]/2O21 17 oou s|gnemelopm|o: 15Ao1pE4-o741-43C8-8240-681Ce87132882 {l042l-CMW T. DOMESTIC PREFERENCES FOR PROCUREMENTS. TOthe extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements Vf2 C.F.R. § 200.322. 22. CANCELLAT|ON Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice tmthe other party. However, SoVrcBvve|| may cancel this Contract immediately upon discovery mfa material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcevve|l The Charles Machine Works, Inc. Docuftned by: Docu&mred by: � am6ay'/ By: 9006^69- By:�__ Jeremy Schwartz Kevin Smith Title: Chief Procurement Officer Title: {5enera! Manager, Ditch Witch Construction 12/20/2021 1 2:I4 pm [Sr I/11/2022 1 8:19 mn CST Date: Date: Approved: DocuSigned by, By: F817A64uc- Chad CO@uette Title: Executive Director/CEO 1/11/2022 1 8:23 mw CST Date: DocuSign Envelope ID: 15AD1FE4-D741-43c6-8246-6810E87B2962 Equipment Suppliesand Vendor Details Company Name: The Charles Machine Works, Inc. Does your company conduct business under any other name?If Ditch Witch yes,please state: 1959 W. Fir Ave. Address: Perry, OK 73077 Contact: Mike Spillars Email: mike.spillars@ditchwitch.com Phone: 580-572-2390 HST#: 73-0660844 Submission Details Created On: Monday September 20,2021 11:50:01 Submitted On: Wednesday November 03,2021 13:03:54 Submitted By: Mike Spillars Email: mike.spillars@ditchwitch.com Transaction#: 3702aa94-7bb8-4d80-b5f8-bf3388129774 Submitter's IP Address: 205.142.232.18 Bid Number: RFP 110421 Vendor Name: 'The Charles Machine Works, Inc. DocuSign Envelope ID: 15ADlFE4-D741-43C6-8246-6810E87B2962 Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question.Do not merely attach additional documents to your response without also providing a substantive response.Do not leave answers blank;respond"N/A"if the question does not apply to you(preferably with an explanation). Line Question Response' Item 1 Proposer Legal Name (one legal entity only): (in the The Charles Machine Works, Inc. event of award, will execute the resulting contract as "Supplier") 2 Identify all Subsidiary entities of the Proposer whose Hammerhead Trenchless, American Augers, Subsite Electronics equipment, products, or services are included in the Proposal. 3 Identify all applicable assumed names or DBA names of Ditch Witch, Hammerhead Moles, Subsite. the Proposer or Proposers Subsidiaries in Line 1 or Line 2 above. 4 Proposer Physical Address: 1959 West Fir Ave, Perry, OK 73077 5 Proposer website address (or addresses): www.ditctiwitch.com 6 Proposer's Authorized Representative (name, title, Kevin Smith address, email address & phone) (The representative General Manager, Ditch Witch Construction must have authority to sign the "Proposer's Assurance 1959 West Fir Ave. of Compliance" on behalf of the Proposer and, in the Perry, OK 73077 event of award, will be expected to execute the resulting ksmith@ditchwitch.com contract): PH: 920 648 4820 7 Proposer's primary contact for this proposal (name, title, Mike Spillars address, email address & phone): Corporate Accounts Manager 1959 West Fir Ave, Perry, OK 73077 mike.spillars@ditchwitch.com 580-572-2390 8 Proposer's other contacts for this proposal, if any Todd Miller (name, title, address, email address & phone): Sr. Inside Sales Representative 1959 West Fir Ave. Perry, OK 73077 todd.miller@clitchwitch.corn 580-572-3365 Table 2: Company Information and Financial Strength Une— Item Question Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. ououSign Envelope ID: 15xo1pE4-D741-*3C6-8246-6810E87o2962 9 Provide a brief history of your company, including your The Charles Machine Works (Ditch Witch) was a privately held company from 1949 until being company's core values, business philosophy, and acquired by The Toro Company in early 2019 and became the Ditch Witch division of Toro. Ditch industry longevity related to the requested equipment, Witch@ is the premier manufacturer of Underground Construction Equipment that addresses needs in products or services. several markets like Utilities, Utility Contractors, Pipeline Contractors, Telcom Industry, Rental Industry, Government and Infrastructure, to name a few. The products offered are Trenchers, Vibratory Plows, Compact Utility Equipment, Directional Drills, Vacuum Excavation, FiammerHead@ Pneumatic Tools, as well as Subsite@ Utility Locating/HDD Guidance Electronics. We invented the first compact utility line trencher 69 years ago and are partnered with a specialist Ditch Witch(D dealer organization, which is the envy of the industry, Our vision is to provide the best solutions for success in the underground construction market worldwide by delivering a superior Customer experience. Our Core Values are: Integrity above all things; Pride as individuals and a company; Care for our families, our fellow workers, our Community, our customers, and the world in which we live; A Pioneering Spirit that drives our aggressiveness and innovation. Since its inception the Charles Machine Works has remained focused on the underground utility market while we worked to continuously expand and strengthen our support of this market by continuously leading the industry in underground equipment such as directional drills, underground moles and sub terrain electronics. All if the Ditch Witch products are manufactured and shipped from our manufacturing faculties in Perry Oklahorna, A large majority of the employees at Ditch Witch live in and around the community and therefore we take pride in the quality of the products that we produce. Our longevity in the market place is rooted in Our ability to form a relationship between the factory and our customers by insuring that our Region Managers spend a minirrium of two weeks per month in the field with Our dealers talking and interacting with our end customers. Of course this schedule has been hampered with Covid-19 travel restriction in the last 18 month. We will however resume a similar schedule as Covid restrictions ease, Please note that where possible all answers are specific to The Charles Machine Works, Ditch Witch, Subsite and Hammerhead brands. However, certain answers must include The Toro Company. Examples of these answers are in questions which are in regards to but not limited to company financial statements, market share, sustainability awards, etc. We have tried to be as specific as possible in our answers. 10 What are your company's expectations in the event of To continue to grow our business with members of Sourcewell, as we have done with our current an award? contract, We work with our network of Ditch Witch@ dealers and their sales personnel to promote the Sourcewell contract to all Government, Education and Non-Profit organizations within their contracted areas of responsibility and to incrementally grow our sales of Ditch Witch and related products using the Sourcewell contract. 11 Demonstrate your financial strength and stability with The Charles Machine Works (Ditch Witch) is a wholly owned Subsidiary of The Toro Company and as meaningful data. This Could include such !terns as such attached is The Toro Company's Form 10-Q filing with the United States Security arid Exchange financial statements, SEC filings, credit and bond Commission. The filing of the Quarterly Report Pursuant to Section 13 or 15(d) of the Securities ratings, letters of credit, and detailed reference letters. Exchange Act of 1934. Upload supporting documents (as applicable) in the document upload section Of Your response. The Form 10-Q is a 53 page public statement of finances and outlook of our company. A thorough review of the filing will reveal a company that has a history of strong financial performance, There is also a demonstrated history of growing our business both in terms of organic growth and through acquisition of complernentary companies that will enhance our current product offerings. 12 What is Your US market share for the solutions that Since our parent company (The Toro Company) is publicly traded we are not allowed to divulge You are proposing? market share information. Ditch Witch has enjoyed a very healthy market share in all of the markets that we participate and are offering in this proposal. Our market share has led the name of Ditch Witch to become synonymous with the underground utility market. 13 What is your Canadian market share for the solutions Since our parent company (The Toro Company) is publicly traded we are not allowed to divulge that you are proposing? market share information. Ditch Witch has enjoyed a very healthy market share in all of the markets that we participate arid are offering in this proposal. Our market share has led the name of Ditch.Witch to become synonymous with the underground utility market. ------ 14 Has your business ever petitioned for bankruptcy NO protection? If so, explain in detail. 15 How is your organization best described: is it a The Charles Machine Works, Inc. (Ditch Witch) is best described as a Manufacturer. provider? Answer whichever question (either a) or b) We have programs in place that are national in scope in which our specialist Ditch Witch@ dealership just below) best applies to your organization, organization preps and delivers the equipment to a custorner who has purchased through the prograrn, a) If your company is best described as a We invoice the Sourcewell customer from the manufacturer and fund our dealers for the sale of the distr!bLItor/dealer/reseller (or similar entity), provide Your equipment, Our dealers are private entities and as such local sales and service professionals are written authorization to act as a employed by the local dealers. That said, Ditch Witch has Region Sales Managers and Service distributor/dealerlreseller for the manufacturer of the Managers that work closely with the local dealer and customers in all areas of sales and service of products proposed in this RFP. If applicable, is your our equipment, dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with Your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Bid Number: RFP11O421 Vendor Name: The Charles Machine Works, Inc. DocuSign Envelope ID: 15AID1 FE4-D741-43C6-8246-681 CE87132962 16 If applicable, provide a detailed explanation outlining Ditch Witch family of products are designed and built in the United States and are built to comply the licenses and certifications that are both required to with all applicable voluntary safety and environmental standards. This includes ISO, Construction be held, and actually held, by your organization Equipment, Exhaust and Evaporative standards set by the EPA (Environmental Protection Agency) and (including third parties and subcontractors that You use) the California Air Resources Board (CARB), in pursuit of the business contemplated by this RFP. The Charles Machine Works has a manufacturer's license in our home state of Oklahoma as well as a license to Sell used vehicles. We also hold licenses to sell vehicles in the following states, Arizona, California, Nebraska, Utah, Tennessee, Florida and Ohio. For our products that are sold with trailers we hold a new and used trailer dealer license in the State of Oklahoma. IN addition to the licenses owned by The Charles Machine Works the contracted Ditch Witch dealers all hold the appropriate licenses and certifications necessary to sell and service the Charles Machine works family of products in the States and Provinces for which they independently operate. Ditch Witch also requires its factory sales personnel and dealer sales personnel to complete a very robust sales and service schools via the Ditch Witch Certified Training Programs. 17 Provide all "Suspension or Debarment" information that The Charles Machine Works has not been under any suspension or debarment in the past 10 years. has applied to your organization during the past ten years. Table 3: Industry Recognition&Marketplace Success itemm ..Von Response* . Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. DocuSign Envelope In: 15AD1 FE4-D741-43C6-8246-681 GE87132962 18 Describe any relevant industry awards or recognition Ditch Witch Awards, 2016-2021 that your company has received in the past five years 2016 Innovative Iron Award, Compact Equipment: CX-Series walk-behind trencher . The CX-Series walk-behind trencher line was selected as a winner of Compact Equipment Magazine's Innovative Iron Award for its cutting-edge short track/long track design. 2016 Editor's Choice Award, Rental Magazine: CX-Series walk-behind trencher . The CX-Series walk-behind trencher line was selected for an Editor's Choice Award for its Magazine's Innovative Iron Award for its short track/long track design. 2016 Contractor's Top 50 New Products Award, Equipment Today: SK752 stand-on skid steer . The SK752 was selected as one of the top 50 new products for contractors of 2016 by Equipment Today, which cited the machine's construction-grade durability and high operating capacity compared to similar models. 2017 Innovative Iron Award, Compact Equipment: SK1550 stand-on skid steer * The SK1550 was selected as an Innovative Iron Award winner from Compact Equipment due to the machine's exceptional power compared to similar models. 2017 Abbot Most Innovative Product Award, NASTT: JT40 horizontal directional drill - The JT40 horizontal directional drill was selected by the NASTT as the most innovative new product of 2017, 2017 Editor's Choice Award, Rental Magazine: SK1550 stand-on skid steer . The SK1550 was selected by Rental Magazine as an editor's choice award winner for its best- in-class operating capacity and construction-grade durability. Twenty for 2017 Award Winner, Landscape Business: SK1550 stand-on skid steer . The SK1550 was selected as one of the 20 top new products of 2017 in the landscaping industry. 2018 Contractor's Top 50 New Products Award, Equipment Today: SK1550 stand-oil skid steer . The SK1550 was selected as one of the top 50 new products for contractors of 2018 by Equipment Today due to its best-in-class operating capacity. 2018 Big Iron Dealer Award Finalist, Equipment World: Ditch Witch of Oklahoma, Arkansas and the Rockies . Ditch Witch of Oklahoma, Arkansas and the Rockies was named as a finalist for the Big Iron Dealer Award from Equipment Today. The award honors the top equipment dealers in the country for Community engagement, customer education, staff training and marketing initiatives, along with sales, rental and service performance. 2019 Innovative Iron Award, Innovative Iron Award: SK3000 full-size stand-on skid steer . The SK3000 full-size stand-on skid steer was named as an Innovative Iron Award winner from Compact Equipment, which cited the machines' best-in-class operating capacity. 2019 Big Iron Dealer Award Finalist, Equipment World: Orange Power, Group, Ditch Witch Dealership Equipment The Orange Power Group was named as a finalist for the Big Iron Dealer Award from Today. The award honors the top equipment dealers in the country for community engagement, customer education, staff training and marketing initiatives, along with sales, rental and service performance. 2019 Editor's Choice Award, Green Industry Pros: Ditch Witch Family of SKs The Ditch Witch line of stand-on skid steers was selected by Green Industry Pros for a 2019 Editor's Choice Award. Twenty for 2020 Award, Landscape Business: SK3000 full-size stand-on skid steer . The SK3000 was selected as one of the 20 top new products of 2020 in the landscaping industry. 2020 Editor's Choice Award, Green Industry Pros: SK3000 full-size stand-on skid steer . The SK3000 was selected by Green Industry Pros for a 2019 Editor's Choice Award. 2021 Editor's Choice Award, Rental Magazine: SK3000 full-size stand-on skid steel' * Rental Magazine selected the SK3000 as all editor's choice award winner for 2021, honoringthe year's top products in the rental industry 2021 Abbot Most Innovative Product Award, NASTT: JT24 horizontal directional drill - The JT24 was selected by the NASTT as one of three finalists for the most innovative new product of 2021. 19 What percentage of your sales are to the As a publicly traded company our parent company The Toro Company considers this type of governmental sector in the past three years customer information as confidential. However, per our publicly filed Form 10-0 revenues through Q3 for FY 2021 by market segment are as follows. Net Sales by Segment: Professional 73% Residential 26% Other 1% 20 What percentage of your sales are to the education As a publicly traded company Our parent company The Toro Company considers this type of sector in the past three years customer information as confidential. However, per Our publicly filed Form 10-Q revenues through Q3 for FY 2021 by market segment are as follows. Net Sales by Segment: Professional 73% Residential 26% Other 1% 21 List any state, provincial, or cooperative purchasing Sourcewell Public Utility Contract is the only Cooperative contract awarded to The Charles Machine contracts that you hold. What is the annual sales Works. However, Our products are sold though both an HGAC and Buy Board contract that is volume for each of these contracts over the past three administered by a third party who handles the pricing, quoting, invoicing and any audits years? requested.. Sourcewell is our premier cooperative contract and is the only contract that Ditch Witch conducts dealer training and markets with Our dealer network. Note: As a publicly traded company the detailed sales information for each contract is considered confidential, Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. DocuSign Envelope ID: 15AD1FE4-D741-43C6-8246-68'ICE87B2962 22 List any GSA contracts or Standing Offers and Supply The Charles Machine Works does not hold a GSA contract but like HGAG and Buy Board our Arrangements (SOSA) that you hold. What is the products are sold on a GSA contract that is administered through a third party, annual sales volume for each of these contracts over the past three years? Note: As a publicly traded company the detailed sales information for each contract is considered confidential. Table 4: References/Testimonials Line Item 23.Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name Contact Narne* Phone Number* City of Berthoud Brandon Keegan 970-980-4410 City of Jeffersonville John Walling 502-551-1305 Augusta County Service Authority Chuck Butler 540-487-9440 Table 5:Top Five Government or Education Customers Line Item 24.Provide a list of your top five government,education,or non-profit customers(entity name is optional),including entity type,the state or province the entity is located in,scope of the project(s),size of transaction(s),and dollar volumes from the past three years. Entity Name Entity Type *State/Province* Scope of Work Size of Transactions* Dollar Volume Past ThreeYears Confidential Government Texas-TX Machines purchased for Utility 3 Units $590,034 Installations/Maintenance Confidential Government North Carolina-NC Machines purchased for Utility 4 Units $417,164 Installations/Maintenance Confidential Government Tennessee-TN Machines purchased for Utility 2 Units $417,164 Installations/Maintenance Confidential Government Alabama-AL Machines purchased for Utility 6 Units $416,669 Installations/Maintenance and other misc. municipal work Confidential Government Washington-WA Machines purchased for Utility 3 Units $395,507 Installations/Maintenance .......... Bid Number: RFP 110421 Vendor Name: 'The Charles Machine Works, Inc. DocuSlgn Envelope ID:15AD1 FE4-D74,1-43C6-8246-681 CE87132962 Table 6:Ability to Sell and Deliver Service Describe Your company's capability to meet the needs of Sourcewell participating entities across the US and Canada,as applicable.Your response should address in detail at least the following areas:locations of your network of sales and service providers,the number of workers(full-time equivalents)involved in each sector, whether these workers are your direct employees(or employees of a third party),and any overlap between the sales and service functions. Line Item Question Response' 25 Sales force, The Ditch Witch@ Factory has 25 sales, product specialists and marketing personnel who work with our specialist dealership organization across the entire United States and Canada in all facets of the business. Dealers employ more than 250 professional salespersons in the local area markets across the US and Canada that are positioned to service all Sourcewell members. 26 Dealer network or other distribution methods. We have an independent specialized Ditch Witch@ dealer organization in North America whose focus is the sales, service and support of the Ditch Witch, HamrnerHead@ and Subsite@ product lines. There are 28 dealer owners with over 150 branch locations in North America. Within those locations, there are 250+ sales personnel and 250+ parts employees to provide sales, support and training to Ditch Witch customers. We have included a list of our dealers and their locations with this proposal. 27 Service force. In addition to a team of Service Support and Parts Supports Managers located in the Perry Campus the dealership organization has well over 600 trained service personnel throughout North America to provide unmatched service support to Our customers. The factory employees and the dealers employees work in tandem to make sure that our customers are fully satisfied with the productivity of their equipment, 28 Describe the ordering process. If orders will be Our order process for Sourcewell is as follows: handled by distributors, dealers or others, explain the 1. Our dealership sales personnel work with the Sourcewell member to spec the equipment properly for respective roles of the Proposer and others. their area. 2. the local DW dealer provides this information to our internal Global Account group to quote the unit with the Sourcewell pricing. 3. Once the Sourcewell customer decides to purchase, the Purchase Order is made out to The Charles Machine Works, Inc. 4. The Ditch Witch@ dealer orders the equipment or delivers out of their inventory to the Sourcewell customer. 5. Upon delivery the Ditch Witch dealer sends in a delivery receipt to the factory. 6. The factory bills the Sourcewell member, and at the same time, funds our dealer for the sale. By having this type of system, all Sourcewell sales go through one entity, the factory, so we can track the sale and give the proper quarterly sales and fee to Sourcewell, 29 Describe in detail the process and procedure of As indicated in questions 25-28 we have an extensive specialized Dealer Network with all dealer your customer service program, if applicable. branch locations having full service shops with specialized tools and equipment to service and maintain Include Your response-firne capabilities and our customers machines. Dealer technician follow a complete factory training certification program commitments, as well as any incentives that help Dealer locations team with the factory to insure that our Customers are repaired and back on the job your providers meet your stated service goals or site as quickly as possible. As with any service organization shop load is the determining factor on promises. how rapidly a unit can be repaired and returned to the customer. That said, the dealership works closely with Our factory service reps to insure that repairs are timely and more importantly, fixed correctly. Our years of industry success can be directly attributed to our world class service after the sale. One example Of Our world class service is our Pro Technician program. The Pro-Technician program was developed by the Ditch Witch@ organization to provide comprehensive product training for Ditch Witch service technicians. This extensive training program - consisting of bronze, silver, and gold levels - focuses specifically on Ditch Witch products and insures that the technicians that service and repair your machines are among the most knowledgeable in the industry. 30 Describe your ability and willingness to provide your Pledge on our Website: "At Ditch Witch, we don't just sell equipment. We pledge to be there when You products and services to Sourcewell participating need us. With a promise to help You be more productive. A passion to help you be more profitable. entities in the United States. And the simple understanding that time is money." With the complete dealer coverage throughout the United States (93 locations) we are more than able to provide products, and services to Sourcewell entities. Every dealer in the Ditch Witch network participates in the Sourcewell contract and views the SOUrcewell contract as a valuable asset to their business and as Such will provide the best possible service to all Sourcewell owners. 31 Describe your ability and willingness to provide your With the complete dealer coverage in Canada (46 locations across 9 provinces) we are more than products and services to Sourcewell participating able to provide products, and services to Sourcewell entities. Just like in the U.S. every dealer entities in Canada. location in Canada network participates in the Sourcewell contract when the opportunity exists and views the Sourcewell contract as a Valuable asset to their business and as such will provide the best possible service to all Sourcewell owners. 32 Identify any geographic areas of the United States We Will fully service all geographic areas of the United States and Canada. With 150 Plus dealer or Canada that you will NOT be fully serving through locations across North America we are able to reach every geographic sector. the proposed 33 Identify any Sourcewell participating entity sectors We service all Sourcewell member sectors. As stated in question 32, with 150 plus dealer locations (i.e., government, education, not-for-profit) that You across North America we are able to reach every geographic sector and we are not limited by other will NOT be fully serving through the proposed cooperative contracts in Our ability to service the Sourcewell contract and its members. contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit Your ability to promote another contract? 34 Define any specific contract requirements or Additional freight will be charged on any equipment purchased in the areas mentioned. Quotes for restrictions that would apply to our participating machines being delivered to Alaska and Hawaii will have the freight charges indicated on the quote. entities in Hawaii and Alaska and in US Territories. Biel Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. DocuSign Envelope ID: 15AD1FE4-D741-43C6-8246-6810E87B2962 Table 7: Marketing Plan Line Item Question Response*35 Describe your marketing strategy for promoting - Ditch Witch@ will promote the Sourcewell partnership on Our dealer channel communications web site. this contract opportunity, Upload The Ditch Witch Dealer Central intranet site provides dealers with all of the information and tools they need representative samples of your marketing to work in concert with the factory on all products, ordering, quoting, product Support and more. The materials (if applicable) in the document Sourcewell program will be consistently communicated to our dealer channel throughout the year via this upload section of your response, critical site. This will allow Ditch Witch dealers to inform their sales, parts and service teams to Support Sourcewell members in the marketplace. . Ditch Witch is creating a sales Hier that will showcase and explain the Sourcewell and Ditch Witch partnership program. This can be made available as a PDF for local printing at all Ditch Witch dealership locations. . Ditch Witch has created an informational PowerPoint presentation that provides all of the important information and details that Ditch Witch dealers need to effectively execute the Sourcewell partnership program. This information is also available 24/7 on the Dealer Central web site for all dealer and factory personnel, . The Ditch Witch factory will distribute the Sourcewell member list by Ditch Witch dealer APR (Area of Primary Responsibility) two times per year which will provide our dealer sales force with the exact members in each of their territories, . We will use the Sourcewell member list in conjunction with the local dealers to actively pursue current members business as well as use the member list to promote other local SLED agencies that may not be a Sourcewell member to become a member. We have found that the member lists are invaluable tool for "helping" an apprehensive entity to become comfortable with Sourcewell when they see their neighboring city is a Sourcewell member. . In addition, we will prepare a press release and then post in our Press Room: http://www.ditchwitch.com/press-i-oom. Other ways we market partnerships are through Our website 36 Describe your use of technology and digital We deploy a comprehensive range of digital marketing and media tools to enhance our customers' data (e.g., social media, metaclata usage) to experience with our brands, to support our new product launches, to sustain existing product leadership and enhance marketing effectiveness. build stronger relationships. These tools include social media, smart display, paid search, marketing automation, social sentiment tracking and more. Facebook, Twitter, Linked In, You Tube and Instagram are examples of social media in which we are active. We also have a very comprehensive web site designed to be not only very informative and educational but, interactive with the customer, Our My Ditch Witch portal allows customers to track their machines and monitor the performance of their fleet, 37 In your view, what is Sourcewell's role in We would expect Sourcewell to be a partner with The Charles Machine works in promoting our newly promoting contracts arising Out of this RFP? awarded contract by issuing an email blast to all current Sourcewell members which announces that the Now will you integrate a Sourcewell-awarded award was given to The Charles Machine Works (Ditch Witch), We Would also like to see the announcement contract into your sales process? on all Sourcewell social media outlets. Thought out the Course of the contract we Would expect that Sourcewell be the leader in promoting the use of procurement contracts and include Ditch Witch in all publications/advertisements that promote Sourcewell available contract holders. We would expect that Sourcewell attend all industry government industry trade shows to promote SOUrcewell vendors and processes, We have worked for years to promote Sourcewell in our sales processes with our dealer network and as a result Sourcewell is almost second nature to our dealer salespeople. The Sourcewell sales process is not only documented in our dealer portal but, also supported with new salesperson training and two power point presentations on how to use Sourcewell as a selling tool and the internal sales process. Additionally, all local Sourcewell training opportunities through SOUrcewell University and Sourcewell Sales Accelerator are sent to the internal Region Sales Manager and also the local dealer locations encouraging them to enroll dealer salespeople that need such training. This includes both new salespeople and seasoned salespeople as a refresher Course. 38 Are your products or services available Due to the unique and endless configurations of our products it is very difficult to develop an e procurement through an e-procurement ordering process? If system for our products. Each model requires a custom quote. That said we are excited to see the new so, describe your e-procurement system and and upcoming Sourcewell market place which we are anxious to participate. We feel this could help with how governmental and educational customers marketing and developing an a commerce solution to Sourcewell members, Our intent is to be very active in have used it. the Sourcewell Marketplace and make it as effective as possible. .......... Table 8:Value-Added Attributes Line Item Question Response* 39 Describe any product, equipment, Operator and equipment training are performed at the time of delivery by Our dealership organization. maintenance, or operator training Maintenance training is performed on an as-needed basis from Our authorized Ditch Witch@ dealers or the programs that You offer to Sourcewell Ditch Witch factory. This initial training is performed at no charge to the Sourcewell member, participating entities. Include details, such as whether training is standard or Additionally operator and safety training is available in the MY Ditch Witch tab at www.clitchwitch.corn, optional, who provides training, and any costs that apply, 40 Describe any technological advances that We are the only manufacturer in our industry that designs and builds the majority of the components used in your proposed products or services offer. our equipment on-site. This is what we refer to as a systems approach; for example, we design and manufacture our directional drills, the drill pipe that IS used with the drill, the down hole tools, as well as the electronic guidance system, at our own facilities rather than purchase outside and bring it in for our products. This gives us an advantage by being responsible for our quality and being able to affect change in any of these items in a much shorter time Below is a list of technological advances we build into our machines. SK3000 Compact Utility Loader 3102 Ibs rated operating capacity (ROC) 118-inch hinge pin height Under CDL requirements Integrated hydraulic controls Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. DocuSign Envelope ID: 15AD1 FE4-D741-43C6-8246-681 GE87132962 Self-leveling arms with ride control Patented throttle control system linked to platform; more fuel efficient 360-degree visibility Easy on/off platform SK600, SK800, SK900, SK1050, SK1550 Compact Utility Loaders Patented cruise control on ground drive Patented hydraulic control system with integrated platform switch Patented hydraulic auxiliary manifold for dual aux 360-degree visibility Easy on/off platform Up to 1978 lbs rated operating capacity (ROC) Up to 94.5-inch hinge pin height Zahn - Stand-on Articulating Tool Carrier Patented stand-on articulation Patented quick change front end 360-degree visibility Easy on/off platform 410SX Vibratory Plow 49.6-hp Gas engine, no exhaust cleaning or after treatment Optional front attachment, such as a trencher Easy to use, color coded controls, with operator presence system Install cable and pipe up to 24" deep C12X, C14, C16X, C24X, C30X Pedestrian Trenchers Patented sprocket w/ double mud relief Patented non-symmetrical tracks for balance Patented track and guide member Up to 6" trench width, up to 48" dig depth UtdigUard Utility Locators High-contrast LCD display is visible in all conditions, including direct sunlight. Remotely control the transmitter with the receiver. Wireless technology simplifies communication and data transfer to other communication devices. UtiliGuard 2 locator is direction enabled, i.e., provides the direction of the current to help you identify the target line. - Ambient Interference Measurement (AIM) technology scans the surrounding area for noise and recommends the best frequencies for the fastest, most accurate locates. Marksman Plus HDD Guidance - Superior performance in high-noise environments with the industry's widest range of frequencies in a single beacon. Scans the most-usable frequencies, selecting the best choice to avoid interference, Stronger communication between tracker and beacon at extended depths (130+ feet) for more productive bores. Intuitive user interfaces for ease Of use; choose Classic View or the new Marksman View. Advanced locating methods let you use Your preferred method of locating, Drill-To Mode: Extended range enables the drill operator to make real-time corrections further out, improving bore accuracy Utility Inspection High-resolution video with a total zoom of 40:1 (10X optical and 4X digital). Integrated pan/filt head with built-in ultra-bright, fully adjustable LEDs. Remote controlled with full camera head swing/rotation. Programmable pan and rotate limits with on-screen instructions. Internal pressure and humidity sensors and internal clock with startup counter. Home function to return camera head to straight-ahead position. LED lights with remote-controlled settings. JT5, JT10, JT20 Horizontal Directional Drills JT5/JT10-Optional GPS for theft protection JT20 -Wireless ground drive-ease of set up and mobiling Dual stick operation-operator comfort Drill and pipe loader automation- Ease of operation Orange Intel-Telematics technology JT28 Horizontal Directional Drill Wireless ground drive-ease of set tip and mobiling Dual stick operation-operator comfort Drill and pipe loader automation- Ease of operation Orange Intel-Telematics technology JT24 Horizontal Directional Drill Operator uptime features, including manual overrides for key drilling operations. Alternate joysticks for Ditch Witch or Vermeer style drill operations. Ergonornic operator station for hours of comfortable operation. Consistent user controls with other platform drill family. Helps operators go frorn one machine to another with seamless operation training. Also allows component sourcing and the use of more common components. - Wireless operator control allows the operator the ability to move to key tight areas, ensuring perfect setup and rod entry points. Horizontal shuttle pipe loader increases reliability while maintaining lower pipe box positioning. Wide stance undercarriage makes this the most side slope stable drill on the market! Heavy duty rotational drive and thrust drive components, providing big drill performance on a small drill. Patented open sided breakout JT32, JT40 Horizontal Directional Drills Operator uptime features, including manual overrides for key drilling operations. Alternate joysticks for Ditch Witch or Vermeer style drill operations. Ergonomic operator station for hours of comfortable operation. Consistent user controls with other platform drill family. Helps operators go from one machine to another Bid NUrnber: MIFF' 110421 Vendor Name: The Charles Machine Works, Inc. ooru8ign Envelope ID: l5xo1pE4-Dn41-43CO-824n-6m1cEara2gOz with seamless operation training. Also allows component sourcing and the use of more common components. - Wireless operator control allows the operator the ability to move to key tight areas, ensuring perfect setup and rod entry points. Horizontal shuttle pipe loader increases reliability while maintaining lower pipe box positioning. Heavy duty rotational drive and thrust drive components, providing big drill performance on a small drill. Orange Intel-TelematiGs Technology Patented open sided breakout Carriage Thrust Break Patented Virtual carriage brake Thrust and Rotation limiter Patented slide cartridge- reduces downtime AT32, AT40 Horizontal Directional Drill Patented Dual Pipe system-Production and serviceability Patented Rockmaster housing- Switchback N] of the call outs in JT version above RT70 Riding Trencher Centrifugal cooling fan Single piece advanced composite hood with lift assist Trench depth meter, providing display and logging of trench depth, distance, profile, and productivity, Anti-stall technology Advanced cruise control Enhanced rear steer with active center, crab & coordinated steering modes Tier 4 Final/Stage V engine and aftertreatment 120 degree swivel seat Reconfigurable to tracks for tires as needed Electric over hydraulic attachments CAN BUS Ergonomic operator station, designed for cool operation, comfort, and visibility of attachments & Center & offset trencher, plow, backhoe, reel carrier Microtrenching Attachments RT80 Riding Trencher Tier 4 Final or Tfi offerings Advanced cruise control Reconfigurable to tracks for tires as needed Swivel seat Center & offset trencher, combo, saw, plow, backhoe, reel carrier Microtrenching Attachments RT120, RT1200 Riding Trencher Advanced cruise control Swivel seat Center & offset trencher, combo, saw, plow, backhoo, reel carrier Optional GPS with OrangeIntelTM RT125, RT125Q Riding Trencher Tier 4 Final engine and aftertreatment Advanced cruise control 120 degree swivel seat Electric over hydraulic attachments CAN BUS Center& offset trencher, combo, saw, plow, backhoe, reel carrier Microtrenching Attachments Enclosed cab (optional) with heat, A/C & pressurization - Derrick Technology 31 HIP Vanguard Engine Reverse Flow Jib Boom Purpose built vac trailer Water system Reverse Flow Remote control operation Power Boom Prospector Digging Lance Purpose built vac trailer Orange Intel Telernatics Standard feature of machine monitoring for larger HID drills and riding trenchers, Troubleshooting Optional GPS kits for smaller compact equipment Bid Number RFP 110421 Vendor Name: The Charles Machine Works, Inc. oocuS|gn Envelope ID: 15ao1+e*-D741-43c6�246-68'Ics87132902 41 Describe any "green" initiatives that relate Ditch Witch has always been very diligent in making sure that we are good stewards of the environment. to your company or to your products or Those efforts have been ratcheted LIP to an even greater degree now that we are part of the Toro family. services, and include a list of the Part of the Toro purpose is "to help our CUStOrners enrich the beauty, productivity and sustainability of tile certifying agency for each. land." the full details of our sustainability initiative can be found at The "green" initiatives at our manufacturing facility include the following: - Recycling of cardboard, glass, plastic and scrap metal. -We also capture waste oil and any ethylene glycol for recycling. -Wooden pallets are taken to our city recycling location to be shredded. -Janitorial supplies used for cleaning in our facility are all green products. - Machine coolant in our NC machines and lathes in our machine shop are green. -No petroleum-based products are used for coolant. -Lighting in the plant has been changed over to low consumption florescent lights which save energy. -Our parking lot lights are all LED lights, again to save energy. -We also heat and cool three of our buildings at our manufacturing facility with ground source heat pumps designed to save energy. -Since being purchased by Toro they have implemented a new energy management system to monitor energy consumption and resource efficiency at production facilities. We have replaced paper manuals with on line digital manuals to reduce paper usage. Our Hammerhead brand introduced "cure in place pipes" whereby aging and or ruptured pipes are repaired with a revolutionary Blue Light LED system. This system extends tile life of existing pipe networks and reduces landfill waste, 42 Identify any third-party issued eGo-labels, 2020 Editor's Choice Award, Green Indus" Pros: SK3000 full-size stand-on skid steer ratings or certifications that your company has received for the equipment or The SK3000 was selected by Green Industry Pros for a 2019 - Editor's Choice Award. products included in Your Proposal related to energy efficiency or conservation, life- The Toro Company (parent company) was pleased to be recognized as a 2020 Recycling Demand Champion cycle design (cradle-to-cradle), or other by The Association of Plastic Recyclers (APR). green/sustainablity factors. -In 2020, the U.S. Environmental Protection Agency recognized The Toro Company (parent company)with a WaterSense@ Excellence Award for the fifth consecutive year. This prestigious award recognizes companies that demonstrate a commitment to promoting water efficiency and reducing waste through education and developing products that are independently certified to use less water. 43 Describe any Women or Minority While we do not have any dealers that we are aware of with certifications in these categories we do have two Business Entity (WMBE), Small Business dealers that have a female majority ownership and several others with non-majority, female ownership, We also Entity (SBE), or veteran owned business have other dealers that are veterans but are not certified as Veteran owned corporations. certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section Of Your response. 44 What unique attributes does Your Pledge on Our Website: "At Ditch Witch, we don't just sell equipment. We pledge to be there when You need company, your products, or your services us. With a promise to help you be more productive. A passion to help you be more profitable. And the simple offer to Sourcewell participating entities? understanding that time is rnoney," What makes your proposed solutions unique in your industry as it applies to We are the only manufacturer in our industry that designs and builds the majority of the components used in Sourcewell participating entities? our equipment on-site. This is what we refer to as a systems approach; for example, we design arid manufacture our directional drills, the drill pipe that is used with the drill, tile down hole tools, as well as the electronic guidance system, at our own facilities rather than purchase outside and bring it in for our products. This gives us an advantage by being responsible for our quality and being able to affect change in any of these items in a much shorter tirne frame. We feel that using the approach described above gives us the ability to offer a better quality product, as the components are designed for use in a particular unit, as opposed to a purchased component off the shelf. We have competitors in all of the products that we ManUfaCtUre at Ditch Witch, What makes a difference is [low we manufacture our products vs. our competition. Manufacturing a large portion of our products ourselves gives us advantages that are not the same as our competition. A good example is the fact that we design and manufacture Our Directional Drills, the drill pipe that goes with that particular model, and the electronics that go with tile drill to track its progress and give accurate location information. Our cornpetitors don't rnake their own drill pipe or electronics as they depend on other manufacturers to supply them. We have better control and can make necessary changes faster by not having to depend on other companies. We also manufacture our own tanks and trailers for Our vac systems. Again, our competitors rely on other Manufacturers for these products. Our factory trained technicians make Ditch Witch service stand out in the industry. The Ditch Witch ProTechnician program was developed by the Ditch Witch@ organization to provide comprehensive product training for Ditch Witch service technicians, This extensive training prograrn - consisting of bronze, silver, and gold levels -focuses specifically on Ditch Witch products and insures that the technicians that service and repair Your machines are among the most knowledgeable in the industry. For all of these reasons Ditch Witch has become synonymous with the underground trenching industry. Much like Kleenex is to facial tissue Ditch Witch is to underground trenching machines. There is a lot of value to a customer to purchase from such a highly recognized manufacturer. Bid Number: RFP 110421 Vendor Name: The Charles Machine VVohm. Inc. DOCUSign Envelope ID: 15AD1 FE4-D741-43C6-8246-681 CE87B2962 Table 9:Warranty Describe in detail your manufacturer warranty program,including conditions and requirements to qualify,claims procedure,and overall structure.You may upload representative samples of your warranty materials(if applicable)in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 45 Do your warranties cover all products, parts, and labor? Yes, our standard factory warranty covers all products for failures in material and workmanship. (Excluding wear items.) All parts and labor for warrantable failures are covered by the standard warranty. The Sourcewell member is responsible for all required maintenance and adjustments as stated in the operating manual for each model. Failure to perform required maintenance may be grounds for denial of warranty for a component negatively affected by failure to perform maintenance. Exclusions from Product Warranty -All incidental or consequential damages. -All defects, damages, or injuries caused by misuse, abuse, improper installation, alteration, neglect, or uses other than those for which products were intended. -All defects, damages, or injuries caused by improper training, operation, or servicing of products in a manner inconsistent with manufacturer's recommendations. -All engines and engine accessories (these are covered by original manufacturer's warranty). -Tires, belts, and other parts which may be subject to another manufacturer's warranty (such warranty will be available to purchaser A copy of our limited warranty can be found in the Attached Owners Manual. Each machine purchased will come with a copy of the owners manual which contains a copy of our manufacturers limited warranty. 46 Do your warranties impose usage restrictions or other No. (see section 45 for any exclusions) limitations that adversely affect coverage? 47 Do Your warranties cover the expense of technicians' travel Yes. For any unit that is over 50hp we pay Our dealerships a fee for Lip to 400 miles if a time and mileage to perform warranty repairs? service truck is dispatched, Plus pay for parts and labor for the repairs. Other travel time may be approved on a case by case basis as deemed necessary. 48 Are there any geographic regions of the United States or No. Our dealer network encompasses the entirety of the United States and Canada. We Canada (as applicable) for which you cannot provide a have 150+ brick and mortar locations with service trucks and over 600 technicians for certified technician to perform warranty repairs? How will service and warranty repairs. Sourcewell participating entities in these regions be provided service for warranty repair? 49 Will you cover warranty service for items made by other Yes, excluding the following: Engines, tires, batteries or VanAir Systems which are covered manufacturers that are part of your proposal, or are these by their respective manufacturers warranties. warranties issues typically passed on to the original equipment manufacturer? 50 What are your proposed exchange and return programs and New, unused, uninstalled parts in their original containers are eligible for return within 90 policies? days of purchase. Return shipment to Ditch Witch will be the responsibility of the customer. All sales of wholegoods are final and not eligible for return. We reserve the right to make good faith customer satisfaction decisions on all Customer purchases up to and including returns/exchanges. 51 Describe any service contract options for the items included The Ditch Witch dealership offers up to a 2000 hour service contract that can be purchased in Your proposal, locally from the servicing dealer. If a customer chooses a service contract the price will be included on the Sourcewell quote, Table 10: Payment Terms and Financing Options Line Question Response' Item 52 Describe your payment terms and accepted payment Payment terms are Net 30. We accept check, and or payment via ACH transfer. methods? 53 Describe any leasing or financing options available for Ditch Witch@ Financial Services, our in-house finance group, offers a complete package of leasing and use by educational or governmental entities. conditional sales programs to meet the needs of our customers. Lease terms and rates are as follows: The 24, 36 & 48 month lease Index rate is determined based on the 3 year, 4 year and 5 year published swap rates on the Board of Governors of the Federal Reserve System and is adjusted quarterly. The Ditch Witch@ Financial Services (DWFS) standard lease is a purchase option lease and not considered a fair market value lease. Residuals are determined before contract agreement has been signed. Lease terms are 24,36,48 and 60 months. Ditch Witch@ Financial Services (DWFS) is a private label group under Bank of the West, which is a subsidiary bank of BNP Paribas. 54 Describe any standard transaction documents that you We will provide the customer with an authorized Sourcewell price quote from Ditch Witch for any product a propose to use in connection with an awarded contract Sourcewell member wishes to have quoted. We will accept a standard Purchase Order from the customer. (order forms, terms and conditions, service level Once the unit is delivered by the local servicing dealer the customer will need to sign a delivery receipt. agreernents, etc.). Upload a sample of each (as Ditch Witch will then invoice the member on Our standard invoice. Sample copies are attached. applicable) in the document upload section of your response. 55 Do you accept the P-card procurement and payment No, not at this time. process? If so, is there any additional cost to Sourcewell participating entities for using this process? We reserve the right to initiate the acceptance of P-Cards at a future date Of Our choosing should we decide to pursue a P-Card payment method. Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. DocuSign Envelope ID: 15AD1FE4-D741-43C6-8246-6810E87B2962 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below.Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form. Line Item Question Response' 56 Describe your pricing model (e.g,, line-item discounts or product-category Our pricing model is a discount from the Manufactures Stated Retail Price MSRP discounts). Provide detailed pricing data (including standard or list on each product. Attached to the RFP is a list of all products and their MSRP pricing and the Sourcewell discounted price) on all of the items that you prices. Discounts to Canada will be 2% less than the discounts offered in the want Sourcewell to consider as part of your RFP response. If applicable, US. This will account for all customs fees and other associated costs associated provide a SKU for each item in your proposal. Upload your pricing with shipping from the U.S. to Canada. Attached are price lists by model. Note: materials (if applicable) in the document upload section of your response. We have included the price lists in both excel and PDF format in case there are any issues with opening large excel files. 57 Quantify the pricing discount represented by the pricing proposal in this Ditch Witch is offering discounts up to 10% from our manufacturers stated retail response. For example, if the pricing in your response represents a prices on all Ditch Witch, Hammerhead, and Subsite equipment. See attached percentage discount from MSRP or list, state the percentage or pricing sheets for specific discounts on each model. Note: We have included the percentage range. price lists in both excel and PDF format in case there are any issues with opening large excel files. 58 Describe any quantity or Volume discounts or rebate programs that You Since we consider the Sourcewell Contract, and therefore their members, to offer. corporately qualify for high volume discounts or rebates we offer a very attractive discount up front on all machines. Our pricing is best pricing up front and therefore additional volume discounts or rebates are not necessary and therefore not offered in our proposal. Local dealers may, from time to time, may offer special pricing to compete in their local markets. Such pricing will be at dealer discretion and will always be below the Sourcewell contract price. 59 Propose a method of facilitating "sourced" products or related services, Sourced products will be provided locally through the delivering dealer. The which may be referred to as "open market' items or "nonstandard delivering dealer will provide a quote for the non Ditch Witch "sourced" product options". For example, you may supply such items "at cost" or "at cost and the quote will be added onto the quote for the Sourcewell customer. The plus a percentage," or You may supply a quote for each such request. customer will have the option to accept the quoted price or reject the price and choose to only purchase the approved Sourcewell product from Ditch Witch or its sister companies. Then the customer would be free to purchase a "Sourced" itern-from the brand of their choosing. 60 Identify any element of the total cost of acquisition that is NOT included There are installation charges associated with certain optional features that may in the pricing submitted with your response. This includes all additional need to be installed on the Ditch Witch machines. Installation charges for those charges associated with a purchase that are not directly identified as items will be clearly listed on the quote for the Sourcewell Customer, freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer, 61 If freight, delivery, or shipping is an additional cost to the Sourcewell All products are shipped from Our factory in Perry, OK to the local Ditch Witch participating entity, describe in detail the complete freight, shipping, and dealer that will be making the final delivery of the product to the Sourcewell delivery program. member. We have attached a freight matrix that details Current shipping rates to each geographic area of the country including rites to ship into Canada. The local dealer does not charge freight or a delivery charge for filial delivery from he dealer to the local Sourcewell member. Other freight charges per item are included in the pricing lists. In certain instances Sourcewell members may take delivery from dealer inventory however, such inventory will be subject to the same freight charges as new production orders from the factory. Freight to Hawaii and Alaska will be quoted separately as needed. All freight charges will be listed on the final quote provided to all Sourcewell customers prior to their placement of the order to Ditch Witch. 62 Specifically describe freight, shipping, and delivery terrns or programs Canada rates are listed int he freight matrix as indicated in question #61. available for Alaska, Hawaii, Canada, or any offshore delivery. Freight to Hawaii and Alaska will be quoted separately as needed. Note: Shipping rates to Alaska and Hawaii have varied drastically over the last 18months and will continue to vary for the foreseeable future. All freight charges will be listed on the final quote provided to all Sourcewell customers prior to their placement of the order to Ditch Witch. 63 Describe any unique distribution and/or delivery methods or options All of the equipment in this proposal will receive a Pre-Delivery Inspection (PDI) offered in your proposal. from the Ditch Witch dealer that includes a multi-point inspection of key components to insure everything complies with the Ditch Witch standard operations of the machines. A delivery checklist is reviewed with the Customer to insure that key are covered by the dealer. This includes the provision of an operators manual for each machine, explanation of the standard limited warranty and phone numbers and contact information of the dealer service and parts personnel in the event that they would need to be contacted by the member This may also include operator training at time of delivery as needed. Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: Comments 64 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. Soucewell is our premier conduit to deliver our product to Government Customers and as such we offer premium pricing to Sourcewell members. Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. oonuSign Envelope ID: |5Ao1ps+o741-43Cu-8z4n-681Cs8rB2om2 Table 13:Audit and Administrative Fee Line Item Question Response* 65 Specifically describe any self-audit process or program that You plan to employ 1. All Sourcewell quotes will be generated by the Ditch Witch factory and to verify compliance with your proposed Contract with Sourcewell. This process not from the independent dealer network. All quotes will be on an includes ensuring that Sourcewell participating entities obtain the proper pricing, official Ditch Witch Quote (Sample attached) that the Vendor reports all sales under the Contract each quarter, and that the Z All purchase orders for the purchase of machines on the Sourcewell Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail program will be issued to The Charles Machine Works and not the to support your ability to report quarterly sales to Sourcewell as described in the servicing dealer. This will ensure the PO matches the official quote. Contract template, 3, Invoicing to the customer will be directly from the Charles Machine 4. Payment will be made to The Charles Machine Works. With this process we remove the dealer from all pricing and guarantees that the Sourcewell contract pricing is compliant. In addition since all invoicing is provided by The Charles Machine Works we track each sale in our system by Customer member number in our sales systems. We then run quarterly reports directly from our sales accounting system to insure every sale on the SOUrcewell contract is not only priced correctly but also reported to Sourcewell correctly so that the administrative fee will be correct. 66 If you are awarded a contract, provide a few examples of internal rnetrics that We provide monthly sales reports on the Sourcewell contract to our -will be tracked to measure whether you are having Success with the contract, internal stakeholders and executive management, Example attached, 67 Identify a proposed administrative fee that you will pay to Sourcewell for The Charles Machine Works, Inc. will propose to pay Sourcewell a fee of facilitating, managing, and promoting the Sourcewell Contract in the event that 2% of the contract sales price of the machine less any freight and set up you are awarded a Contract. This fee is typically calculated as a percentage of for all products in our proposal. Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP arid template Contract for additional details.) Table14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response' Item 68 Provide a detailed description of the equipment, We are offering the complete line of Ditch Witch@ pedestrian and ride on trenchers, vibratory plows, products, and services that you are offering in your compact utility products, stand on track loaders and attachments, directional drills, vacuum excavation proposal. products, micro trenching products Subsite@ pipe and cable locators, tracking electronics, as well as the complete line of HammerHeadOu pneurnatic piercing tools.. All of these products are offered and available through our extensive dealer network. See attached for a list Of Current models. Ditch Witch Model Summary Pedestrian Trencher line up offer Engines from 12-31 hp and dig depths of 24-48 inches. Ride on Trenchers line up offers Engines from to 130hp and trencher dig depths to 97" Stand On Skid Steers have operating capacities frorn 600lbs to 3,100lbs. Vacuum Excavators Range from 150-gallon to 800-gallon Vacuum tanks. Ditch Witch Directional Drills range from 4,100 lbs. and 70,000 lbs. of Thrust Force, Subsite Electronics offers several models of [ADD Guidance locators including Marksman, TK Recan, TK Recon repeater, Commander 7, Field Scout, Scoutview, HDD Beacons, TIMS Plus and TSR Mobile. Subsite FIDD Guidance systems arid our exclusive Green Ops'" process give you a clear plan, more control, and faster reporting for safer, more productive jobs. SUbsite Electronics also offers a complete line of utility locators including Utiliguard 2, 830R)T, Locating beacons and 2550GR ground penetrating radars system. Before you dig, trench or bore, you need a clear understanding of the hazards below your jobsite. Without it, you're working blind. Hammerhead offers a complete line of mole piercing tools. Including the Active head, Catamount and Standard tools moles as well as the Moletrac locating kit. HammerHead Mole@ piercing tools are some of the most reliable in the industry today. With more than 24 models ranging from 2" to 8" (50 to 200 mm), HammerHead Mole piercing tools feature an industry-leading design that uses the heaviest one-piece striker in the industry, Our body housing design provides better durability and tool life than competitive models, 69 Within this RFP category there may be subcategories Ditch Witch Utility trailers purpose built for the transportation of Ditch Witch branded equipment, of solutions, List subcategory titles that best describe Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. oocuGign Envelope ID: 15xo1pE4-0741-43Cm-8z4o-6m10Eo7ezenz Table i4B: Depth and Breadth wf Offered Equipment Products and Services Indicate below if the listed types or classes of equipment,products,and services are offered within your proposal.Provide additional comments in the text box provided,unnecessary. Line Item Category or Type Offered Comments 70 Telescopic, articulated, mast, and boom, aerial lifts, towers, r Yes We do riot manufacture these products as we buckets, and platforms r No specialize in the underground utility market. 71 Digger derricks, and cable placing, pUlling, and tensioning r Yes We do not participate in this category. equipment r No 72 Directional drills, trenchless excavation equipment, thrust and - Yes The Charles Machine Works, Inc., is a family boring machines, soil piercing tools, trenchers, rock wheels, r No of companies that offers an entire range of and pile drivers fully integrated products that address the installation of pipe and cable underground. That is the singular purpose of our business. Our family of companies complement and complete each other so that we can be the sole source provider from the beginning to the end of every HDD bore. Subsite(R) Electronics locate existing pipe and cable underground and track the installation of new pipe and cable being installed so that the HDD equipment operator virtually has "eyes that see underground." Ditch Witch@ equipment offers a broad line of equipment ranging frorn mini skid steer units to trenchers to HDD machines to vacuum excavators. American Augers(g) and Trencor,�D offer HDD machines in sizes that exceed Ditch Witch models to accommodate the largest of jobs. DVVTXS@ offers an HDD line of equipment specifically designed for various segments of the international market. The Hammertleadlf�) line of equipment ranges from moles to pipe bursters. The RadiusOF, line of HDD tooling complernents those manufactured by Ditch Witch and Harnmerl-lead for the most complete line of HDD tooling offered by any manufacturer in the underground construction market today. When pre-owned equipment is the answer, MTP�) is the one-stop shop for, those needs. The synergy created by The Charles Machine Works, Inc., family of companies is intended to give any contractor assurance that we have the product to complete the most difficult of installations of pipe and cable underground and that we do so with maximum productivity and cost efficiencies in 73 Utility locating equipment G Yes Our SUbsite product$ are industry leading in r No the area of utility locating equipment. 74 Accessories, supplies, replacement or wear parts, and r Yes We offer all of our branded attachments services related to the offering of equipment in Unes 69-72 (- No purchased in conjunction with a whole good machine, We are not offering replacement parts or service as a part of this bid. Replacement parts and service will be provided by the local dealer but, not as a Bid Number: RFP11O421 Vendor Name: The Charles Machine Works, Inc. DocuSign Envelope ID: 15AD1 FE4-D74,1-43C6-8246-681 GE87132962 Exceptions to Terms,Conditions,or Specifications Form Only those Proposer Exceptions Io 1'erms, Conditions, or Specifications that VIave been accepted by Sourcevvell have been incorporated into the contract text, Documents Ensure your submission document(s) conforms to the following: 1.Documents in PDF format are preferred.Documents in ord, Excel,or compatible formats may also be provided. 2.Documents Should OT have a security password,as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3.Sourcewell may reject any response where any docurnent(s)cannot be opened and viewed by Sourcewell. 4.If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file. If the zipped file contains more than one(1)document,ensure each document is named,in relation to the Submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan." • Pricing-Pricing.zip-Tuesday ovember 02,2021 08:11:59 ® Financial Strenc h nd St I i Financial Statement Info and Dealer List.zip-Tuesday ovember 02, 2021 08:11:09 4LnAg,�%-Markefing.zip- ednesday October 2 ,2021 15:12:33 MBE/MBE/SBE or elated Ceilificates (optional) _Li1rgLLty Information-Ditch itch Limited arranty Policy.pdf-ednesday October 2 , 2021 15:01:14 Standard Transactionp char ;nt Sar!2p In -Transaction DOCUments.zip- ednesday October 2,2021 15:01:3 U12!oad dditional Document-Dealer List-Training-Product Technology-Product Lit.zip-Tuesday overnber 02, 2021 08:11:43 Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. DocuSign Envelope ID:15AD1 FE4-D741-43C6-8246-681 CE87B2962 Addenda,Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name,and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true,correct,and reliable for purposes of evaluation for contract award. 3. The Proposer,including any person assisting with the creation of this Proposal,has arrived at this Proposal independently and the Proposal has been created without colluding with any other person,company,or parties that have or will submit a proposal under this solicitation;and the Proposal has in all respects been created fairly without any fraud or dishonesty.The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract;and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation.Additionally,if Proposer has worked with a consultant on the Proposal,the consultant(an individual or a company)has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4, To the best of its knowledge and belief,and except as otherwise disclosed in the Proposal,there are no relevant facts or circumstances which Could give rise to an organizational conflict of interest.An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is,or might be,impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract,the Proposer will provide to Sourcewell Participating Entities the equipment,products,and services in accordance with the terms, conditions,and scope of a resulting contract. 7. The Proposer possesses,or will possess before delivering any equipment,products,or services,all applicable licenses or certifications necessary to deliver such equipment,products,or services under any resulting contract, & The Proposer agrees to deliver equipment,products,and services through valid contracts,purchase orders,or means that are acceptable to Sourcewell Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal,state,and local laws,regulations,rules,and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.),either Substantially or in their entirety, Under Minnesota Statutes Section 13.591,subdivision 4,all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point,proposals become public data,Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees,agents,and subcontractors are not: 1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:bftq://_v_tw6LW&p d�qWLijTdds�tadlritis of;�gy�qmm/Qf5:1 /C� -LP 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: pgyl.�,P�i,/Ij JaYISAMI;or 3. Presently debarred,Suspended,proposed for debarment,declared ineligible,or Voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government,as applicable;or any Participating Entity.Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation, F,-e By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit,have the legal authority to Submit this Proposal on behalf of the Proposer,and that this electronic acknowledgment has the same legal effect,validity,and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect,validity,or enforceability solely because an electronic signature or electronic record Was used in its formation. - Mike Spillars, Corporate Accounts Manager,The Charles Machine Works The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission,and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations conternplated in the bid. r Yes r No The Bidder acknowledges and agrees that the addend um/addenda below form part of the Bid Document. Bid Number: RFP 110421 Vendor Nome: The Charles Machine Works, Inc. DocuSign Envelope ID: 15ADlFE4-D741-43C6-8246-6810E87B2962 Check the box in the column I have reviewed this addendum"below to acknowledge each of the addenda. V have rev,Iewed ft File Name bebw addendum and atfachrnents(ItPages appOcaWe) Addend u m-4-P ublic_Uti I ity_Eq u ipment_RF P_1 10421 Thu October 14 2021 04:33 PM F7 2 Addend um-3-Pub lic_Uti I ity_Eq u i p ment_RF P_1 10421 Mon September 27 2021 05:28 PM 170 1 Addendtim-2-Public-Utility_Equipment_RFP_110421 Fri September 24 2021 03:55 PM F I Addendum-1-Public_Utility_Equipment_RFP_1 10421 Mon September 20 2021 02:54 PM Bid Number: RFP 110421 Vendor Name: The Charles Machine Works, Inc. S o u r c e w e Charles Machine Works (Ditch Witch) #110421-CMW Pricing for contract#110421-CMW offers Sourcewell participating agencies the following discounts: ® Up to 10%discount off list price on all Ditch Witch, Hammerhead, and Subsite equipment ***Please note that a surcharge of up to 10% on all products is currently in effect. -a --u r n -a m p 3 3 U-a Sla CD ca 5" fop r^ a CD !A F-* c✓s wt o 1 8 - - y =- ✓ �-r J momwim CD Sly 0. tx o tda ro c5 cr> a CD -01 _ C1 " (p 4 a 0 3 - 0 r-9^ C7 Ll n 0 v n ra o CL t"°A C7 0 6 cn c r 0 ro i m 0 an D r+ S� I �y d Lr+U n ,-a --h d i 3 rr° O i i � N W N - 3 0 a co ry Cd k O "MT a ( 4 iro tJb CI t ('fit v Yoa 1k C: C) c 9�7 —S m r t. 6 ' 0 q (fib a .. r+ ni r Cif 0 3 ) o (D Q' r� = �5 ) 3 (D (D (D (D C7 8 =3 0 0 (D (D c 3 0 0 Sit n y C 1 ry I (D .. .,m _,...,, .. ,,.., ,,,,... .......... .. ....m,., c) CS dJ b 0 (D ro ("a m r+ Sir n5 N.01z.l'1.1 KI.Ci I LANI L7 HILLS (APPENDIX H TO THE PURCHASING POLICY AND PROCEDURES MANUAL) CITY OF NORTH RICHLAND.HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative-Purchase Customer Agreement.("Customer Agreement")is.entered into byand between The Charles Machine Works, lr1C.("Vendor")and the City of North Richland Hills, ("Customer" or "Authorized Custorer"), a Texas government entity, and a Customer authorized to purchase goods or services pursuant to.the Agreement between the SourcewelI ("Cooperative Entity"}and Vendor,Contract Na. R F P 91.10421,as amended,(the."Agreement")with an:expiration date of 1211712025. This.Customer Agreement includes and shall be governed by(i)the. terms and conditrons of the Agreement; which are incorporated herein by reference and available oriline. at: hOps:llf i los.s ourcewel 1.org/p u bl i clS ha red°/o2GD o cuinents/,4 of i citati ons1.1 1 0421-1 645 811 1 042'i- CMW[Contract%2DDocumentstp"ries%2QM.achine%.20Contract°/,20110421.pdf.er upon request. from Vendor, and (ii) the attached Vendor Quote/Purchase Order No._20203511,2.0201186,20201205 ,if applicable,both of which are attached hereto and/or incorporated herein .by reference.Authorized Customeris.a]igib le.and desi res.to purchase Ditch.Witt h Hydro Excavators&H D D Drill pursuant to the terms:and conditions.. of the Agreement, as well as.the terms and conditions of this Customer Agreement. To ensure goods and services are provided directly to.the Customer.,the Cccperative.Ent ity will only be responsible for services provided to the Cooperative Entity and will not be responsible for payments for services provided tothe Customer. The Authorized Customer agrees.to the terms.and conditions of the Agreement as applicable and as authorized by law.T.he:Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment,products and services provided hereunder.Vendor agrees that Customer shall be entitled to the same rights and.pro#ectfans under the law afforded to the Cooperative Entity under the.Agreement; as app]I cab le,as if Customer had entered Into th.e:Agreement.Except in the event of grass negligence or intentional misconduct; neither party's liability shall exceed the amount paid by Customer under this Customer Agreement for the proceeding twelve.(12)month period.Vendaragrees.that until the. expiration of three(3)years.after final payment under this Customer Agreement,ar.the final ccncl.usion.of any audit commenced during the said.three years,Customer,or Customer's designated representative,shall.have access to and the right to audit at reasonabla times,all records,hard copy or electronic, involving transactions relating toAhis.Customer Agreement necessary to determine compliance herewith, at no additionai.cost to the Customer.Vendor agrees.that tha.Customer shall have access to such records during normal business.hcu rt..Customer.shaII provide Vendor with reasonable advance notice of.any Intended audits. Purchase.Price—Payments under this.0 u stoma r Agreement shalt not exceed .$7727714.35(°Purchase Price"), Term.-The..Temi of this Customer Agreement("Term")shall be for one of the following as selected below(Select the type of contract that applies): ® Single Purchase Contract.—The Term shall not exceed one.(1) year,and.this.Customer Agreement shall be for the purchase of goods or services as specified and quoted by the Vendor,and the Purchase Price-shall not exceed the budgeted amount for-Customer's current fiscal year for the applicable goods and services. ❑ Supply/As Needed Contract--The Term shall be effective as of.October I"and shall.expire on September30 at the end of FY 23-24.This CustomerAgreementsha[I be far multiple purchases of goods or services on an as needed basis,from the same vendor under the same contract,and shall nat exceed t fie.budgeted amount for Customer's current fisca1.year for the appiicable.goods a rid'services, ❑ Multi-Year Contract—The Term shall be for year(s}expiring.on This Customer may be renewed for three(3) renewal periods of tweIv6 (12j months. Customer Agreement shall be with..a.single vendor far products and.services. If.the amount of expenditures.under this Multi-Year Contract equals.ar exceeds.$50,000 in the.aggregate,CityCou.nci1.approvaI is required.In the event the.City does not:appropriate sufficient funds to make payments during the current:or any subsequent year,the City shall have.the right to terminate.this Multi-Year Contract at the and of:any such fiscal.yea without.penaity. 0 Emergency Purchase—Purchases that are necessary to address a public calamity,.because of unforeseen damage.to property,or to protect the public health or safety where the.City's ability to:serve the public would be.impaired if the purchase.were not made:fmmediiately.Emergency purchases rnust.m eat the.requi rem ents of Local Government Code 252.022,and must be ratified.by City Council if the purchase.Is.s50;Q00 or more. (Government Rider-Select if Vendarhas additional terms and.ccndit ion s.that apply to this purchase) It Government.Contract and Purchasing Rider for Contracts with the City of North Richland Hills, Texas-If this purchase contains additional terms. and conditions from the Vendor, other than.those set forth In the.Agreement,:the Vendor.shall separately execute the Government Cc fitract and.Purchasing Rider far Contracts with the City of North Richland Hills,Texas("Government Rider'),Such applicable terms and:conditions as set forth in.the Government Rider shall supersede any conflicting terms of the Vendor's terms and cond it!ons,.and such Government Rider shaft control.The.Gave minent Rider is attached hereto.;incorporated herein by.reference and made a part of this Customer Agreement for al purposes. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement,.bind the respective party, and that.the execution and performance:of this Customer Agreement has been duly authorized by the respective party.'this Customer Agreement, and any Amendment hereto,may be executed in counterparts',and electronically s[gned,:scanned.,digitally signed and:sent.:via electronic mail and such signatures.shai[have the same effect as original manual signatures. Each party has.caused this Customer Agreement to be executed by its duly authorized representative on this _8th d.ay of January[20.24. [signature Page Follows] NR14 Cooperative Purchase Customer Agreement,P age.1 of 2 CA-CONTRACT NO.P.UR0002_20220107 Veridor Name:Click or tap here to enter text. Rev,11-15-2023 ACCEPTED AND AGREED: CITY OF NORTH RICHLAN❑HILLS: Th�eaqhine Works;Inc. APPR(7VEp:E ver#ifythat funds are currentty.availableBy; ` for this purchase, Name: Mike Spillers 0 {Check the box if$3,O1}0 or less] Title; Corporate..Accounts Manager ❑ate:CsIGIC or tip to enter a date. By:. Scott Kendall,Purchasing Manager Department Director:. By: Printed Name-Oick or tap here to enter text. Department:Click or tap here,tD enter text. APPROVED: By: Date: Mark.Hindman,City Manager Or Designee: By: Date: Name: Click or tap here to enter text. Title: Click or tap here to enter text. ATTEST: By: Alicia Richardson;City Secretary/Chief Governance Officer By: Traci Henderson,Assistant City Secretary NRH City Council Actimn: Y©. N C Date.Approved: Click or tap here to enter text. Agenda Item No` Click or tap here to enter text or&Res No. Click or tap here to enter text.; APPROVED TO FORM AND LEGALITY: By: M6leshia.B.McGinnis,City Attorney By: Thomas McMillian,-Assistant City Attorney. NRH Cooperative Purchase Customer Agreement,Page.2 of 2 CA-CONTRACT NO.PURD002 20220107 Vendor Name;Clic[i ar:tap here to enter text. Rev. 11 15-2023 Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20201205 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 01/06/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 1 of 4 Quotation Details Qty Material Description Unit Price Discount Amount SOURCEWELL CONTRACT 110421-CMW AT32 DP/DHT $514,190.71 INTERSTATE 30DLE $28,500.00 EQUIPMENT TOTAL $542,690.71 TRADE-IN $(86,000.00) FREIGHT $1,890.00 TOTAL $458,850.71 INCLUDES: CUSTOMER TRADE-IN 2012 DITCH WITCH 3020AT-CMWJ30ATAC0000381 1,500 ESTIMATED HOURS WITH: (92)STICKS OF USED AT30 PIPE SHORT PIPE BOX/TALL PIPE BOX ROCKMASTER HOUSING 2012 FELLING FT-30-2 LP TRAILER-5FTDE262OD1041015 SUBSITE RECON2 TRACKER-SIN 8496356 17T4 BEACON/COMMANDER7 DISPLAY $86,000 APPLIED TO SOURCEWELL CONTRACT PRCICING Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20201205 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 2 of 4 Quotation Details Qty Material Description Unit Price Discount Amount 1EA AT32 - AT32 With the following configuration: Anchor Bits HD Rock Auger Engine Stage V Operator Station None Exit Pit Wrenches No Exit Tool Hydraulic Oil Standard 1EA 149-973 - SPLIT ROD WIPER 1.75" ID 1EA 799-1525 - AT32 EXTENDED WARRANTY (2YR) 1EA AT32-PREP - AT32 Equip Prep 1EA 190-2474 - AT 10' PIPE BOX ASSEMBLY (SHORT 65EA 355-1403 - POWER PIPE AT 2.50 X 3.00 2.36- 4 10' 1EA 220-6738 - RECON CAN BRIDGE INT, SV, NORTH AM ERI CA 1EA 400-3189 - ROCKMASTER (2.36-4 M /5" SWITCH BACK) Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20201205 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 3 of 4 Quotation Details Qty Material Description Unit Price Discount Amount 1 EA 400-3183 - EZ CON ASS-Y (2.36-4M/2.25 M EZ 3) 1 EA 400-3142 - 3.25" PWRHOUSE XD/6H-16MM/DW/2- 3/8" REG 1 EA 400-2761 - 5-6/16-75-10 OMNI BIT 1 EA NON CMW PART - TRI CONE BIT 1 EA NON CMW PART - SWIVEL 1 EA NON CMW PART - 12" PADDLE REAMER 1 EA NON CMW PART - AT32 QUICK WRENCHES 1 EA 908-4225 - Connector 2.25-6EZ3-F/2.38-M 1 EA MARKSMAN - Marksman With the following configuration: Radio Option North America Radio 1 EA 220-2847 - MARKSMAN SWIVEL BASE MOUNT 1 EA 222-6212 - EVA CASE, TRACKER COMBO 1EA 102-10013 - M17 BEACON Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20201205 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 4 of 4 Quotation Details Qty Material Description Unit Price Discount Amount 1EA NON DW TRAILER - INTERSTATE 30DLE TRAILER --------------------------- Corporate Account Price 542,690.71 Total Freight 1,890.00 Customer Trade-In 86,000.00- --------------------------- Total Amount 458,580.71 Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20201189 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 1 of 3 Quotation Details Qty Material Description Unit Price Discount Amount SOURCEWELL CONTRACT 110421-CMW INCLUDES: CUSTOMER TRADE-IN 2011 DITCH WITCH FX30 CMWFX30XCB0001302 $15,000 APPLIED TO SOURCEWELL CONTRACT PRICE 1 EA HX75A - HX75A With the following configuration: Debris Tank 1200 Gallon Water Tank 600 Gallons Reverse Flow Yes Hose and Tooling 4 Inch Filter Cyclonic Separator Controls Right Hand Traffic Water Heater Yes Options Auxilary Hydraulic Options Lance Extension-48in Options Prospector Digging Lance Options Spare Tire Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20201189 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 2 of 3 Quotation Details Qty Material Description Unit Price Discount Amount Options Trailer Tongue Tool Box Options Vac Suction Tool 41N HX Boom Powered 4in Hoses Prospector Digging Lance Yes Trailer Tongue Tool Box Yes Trailer Jack Hydraulic Hydraulic Oil Standard Color Standard 1 EA 259-1012 - PROSPECTOR EXTENSION, 48"LG W/ FITTING 1 EA 205-1414 - T/W (235/75R-17.5 W/8X275 DUAL RIM) 1 EA HX75A-PREP - HX75A Vacuum Excavator Prep Ass embly 1 EA 350-3528 - AUX HYDRAULIC CONTROL 1 EA 025-1042 - VT26 1200 GAL HEAVY TRAILER 1 EA NON CMW PART - HXT75 REAR LIGHT BAR Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20201189 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 3 of 3 Quotation Details Qty Material Description Unit Price Discount Amount --------------------------- Corporate Account Price 172,726.82 Total Freight 1,280.00 Customer Trade-In 15,000.00- Installation Charge 560.00 -------------------------- Total Amount 159,566.82 Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20203511 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 1 of 3 Quotation Details Qty Material Description Unit Price Discount Amount SOURCEWELL CONTRACT 110421-CMW INCLUDES: CUSTOMER TRADE-IN 2014 DITCH WITCH FX30 CMWFX30XKE0002273 $20,000 APPLIED TO SOURCEWELL CONTRACT PRICE 1 EA HX75A - HX75A With the following configuration: Debris Tank 1200 Gallon Water Tank 600 Gallons Reverse Flow Yes Hose and Tooling 4 Inch Filter Cyclonic Separator Controls Right Hand Traffic Water Heater Yes Options Auxilary Hydraulic Options Lance Extension-48in Options Prospector Digging Lance Options Spare Tire Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20203511 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 2 of 3 Quotation Details Qty Material Description Unit Price Discount Amount Options Trailer Tongue Tool Box Options Vac Suction Tool 41N HX Boom Powered 4in Hoses Prospector Digging Lance Yes Trailer Tongue Tool Box Yes Trailer Jack Hydraulic Hydraulic Oil Standard Color Standard 1 EA 259-1012 - PROSPECTOR EXTENSION, 48"LG W/ FITTING 1 EA 205-1414 - T/W (235/75R-17.5 W/8X275 DUAL RIM) 1 EA HX75A-PREP - HX75A Vacuum Excavator Prep Ass embly 1 EA 350-3528 - AUX HYDRAULIC CONTROL 1 EA 025-1042 - VT26 1200 GAL HEAVY TRAILER 1 EA NON CMW PART - HXT75 REAR LIGHT BAR Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. Ditch Witch® 1111111-11111-- GrriRF,ruirm,'rii AG("JIGUN7"S The Charles Machine Works Quotation 1959 West Fir Avenue P.O.Box PO BOX 66 Information Perry, OK 73077 Phone No : 1-800-654-6481 Quotation No. 20203511 Fax No : 580 336 0617 Document Date 01/02/2024 Email : global@ditchwitch.com Customer No. 514721 Sold-to Party Address Dealership WITCH EQUIPMENT COMPANY, INC. CITY OF NORTH RICHLAND HILLS FORT WORTH SOURCEWELL MEMBER 72282 PO 7200 DISCK FISHER DR N - STE C NORTH RICHLAND HILLS TX 76180-5020 Created by Todd Miller Global Account Price Quote Quote Valid until : 02/02/2024 TAXES ARE AN ESTIMATE AT TIME OF QUOTATION-ACTUAL TAX WILL BE CALCULATED AT TIME OF INVOICING. IF TAXES ARE QUOTED AND THIS IS A TAX EXEMPT TRANSACTION, PLEASE PROVIDE TAX EXEMPT CERTIFICATE OR LEASING DETAILS WITH YOUR PURCHASE ORDER. FOR MODEL SPECIFICATIONS OR OTHER INFORMATION, VISIT OUR WEBSITE AT WWW.DITCHWITCH.COM Page 3 of 3 Quotation Details Qty Material Description Unit Price Discount Amount --------------------------- Corporate Account Price 172,726.82 Total Freight 1,280.00 Customer Trade-In 20,000.00- Installation Charge 560.00 -------------------------- Total Amount 154,566.82 Confidentiality Notice: This quote may contain confidential information.The information is intended only for the individual or entity named. If you are not the intended recipient, please immediately notify us at 1-800-654-6481 to arrange for return of the document. "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 4, 2024 SUBJECT: ZC23-0089, Ordinance No. 3844, Public hearing and consideration of a request from Barton Surveying and Laser Scanning LLC for a zoning change from RE-1 (Residential Estate) to RE-2 (Residential Estate) at 6809 Little Ranch Road, being 0.55 acres described as a portion of Lot 7, Block 1, Morgan Meadows. PRESENTER: Clayton Comstock, Director of Planning SUMMARY: On behalf of Breakfall Home Solutions LLC, Barton Surveying and Laser Scanning LLC is requesting a zoning change from RE-1 (Residential Estate)to RE-2 (Residential Estate) on 0.55 acres located at 6809 Little Ranch Road. GENERAL DESCRIPTION: The property under consideration is a 24,001-square-foot portion of a 1.836-acre site located on the west side of Little Ranch Road between North Forty Road and Hightower Drive. The site is developed with a single-family residence built in 1965 (Source: Tarrant Appraisal District) and an accessory building. The character of the area on Little Ranch Road and surrounding streets is very low- density single-family residential. Most properties are zoned RE-1 (Residential Estate), which is the new name of the R-1-S (Special Single-Family) district. Some properties in the area are zoned R-1 (Single-Family Residential). The applicant is requesting a zoning change to RE-2 (Residential Estate) on a 0.55-acre portion of the property, which is the portion with the existing house at the northeast corner of the lot. The RE-2 district is a new zoning district that was adopted by City Council on January 22, 2024 (Ordinance 3837). This district requires a minimum lot size of 20,000 square feet and provides an option for new single-family lots between the lot size minimums of R-1 (13,000 square feet/0.3 acre) and RE-1 (43,560 square feet/ 1.0 acre). The owner intends to replat the property into two residential lots for the purpose of constructing a new residence. A replat application is an associated item on the March 4, 2024, agenda, agenda (see PLAT24-0058). The remainder of the overall site is intended to retain the existing RE-1 (Residential Estate)zoning designation. Between the proposed RE-2 district boundary and the existing RE-1 district boundary, no more than two (2) houses could be built on the overall 1.836-acre tract. "K NOKTH KICHLAND HILLS VISION2030 COMPREHENSIVE PLAN: This area is designated on the Vision203O Land Use Plan as Residential Estate. This designation promotes neighborhoods defined by larger single-family lots and homes at a density less than two (2) units per acre. These neighborhoods are characterized by large lots, rural street design, estate-style fencing, barns, and livestock. These properties address a specific market niche and add to the diverse mix of housing and lot options for the community. The plan further states that transitional densities and lot sizes of 13,000 square feet or more may be appropriate when adjacent to Major Collector roadways and existing conventional suburban residential neighborhoods. New development should be sensitive to the surrounding context in scale and form and be designed to reflect a contiguous and seamless growth pattern that avoids fragmented and disconnected development. CURRENT ZONING: The property is currently zoned RE-1 (Residential Estate). This district was formerly named R-1-S (Special Single-Family) and is intended to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of one unit per acre in a quasi-rural setting. The RE-1 district is specifically planned to allow for the keeping of livestock in a residential setting. PROPOSED ZONING: The proposed RE-2 (Residential Estate) zoning is intended to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of less than two units per acre. SURROUNDING ZONING ( LAND USE: NORTH RE-1(Residential Estate) Residential Estate Single-family residences WEST AG(Agricultural) Low Density Residential Single-family residences SOUTH RE-1(Residential Estate) Residential Estate Single-family residences EAST RE-1(Residential Estate) Residential Estate Single-family residences PLAT STATUS: The property is platted as Lot 7, Block 1, Morgan Meadows Addition. A replat application is an associated item on the March 4, 2024, agenda, agenda (see PLAT24-0058). PUBLIC INPUT: Following the posting of the public hearing signs on the subject property, the Planning & Zoning Department received written support of and opposition to the request. Copies of the correspondence are included in the "Public Input" attachment. The Texas Local Government Code Section 211.006(d) states in part that if written opposition is signed by the owners of at least 20% of the area of the lots or land included in the 200-foot notification area surrounding the property, the affirmative vote of at least three-fourths of all members of the governing body is required to approve the request. "K NOKTH KICHLAND HILLS The preliminary analysis of the written opposition indicates that the owners of approximately 67% of the land area registered signed opposition to the request. Consequently, approval of the application will require at least six (6) affirmative votes by City Council. A copy of a map showing the opposition area is attached. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the February 15, 2024, meeting and voted 4-2 to recommend denial (Chair Welborn and Commissioner Narayana voting against). Sca iipir...........I 11„87 8.. of the zoning ordinance states that the denial recommendation by the Planning and Zoning Commission is considered final ten days from the date of action by the Commission unless the applicant appeals the recommendation to the City Council. The applicant appealed the recommendation, and a copy of the request is attached. RECOMMENDATION: Approve Ordinance No. 3844 ............ KING RANCH ..................... .. ......... .... ... �-HEWITT w .................. z x ..,. ....0 Z - Y 0 LU Q W w,,,,,,, ..........FOUR SIXES RANCH .... � o -< Q o - w x z ...... .. .............. .. z 30 x FLYING W w ... ..............H-RANCH ..... o; ......... - , .............. x �.. ............... .............. ........................... f ........ -T ------------------------"-- NORTH FORTY 0 3 ,--, SWENSON RANCH x .... CHIMNEY ............... ............... Q ....... DISCLAIMER:This product is for informational purposes and may not IV have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 100 200 400 600 800 only the approximate relative location of property boundaries. rr Jar! r � `< • � v rr SS I m mr„ e v I I q (r DISCLAIMER:This product is for informational purposes and may not N have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 100 200 400 600 800 only the approximate relative location of property boundaries. IqRH PUBLIC HEARING NOTICE NORTH KICHLAND HILLS CASE: ZC23-0089 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT Barton Surveying and Laser Scanning LLC LOCATION 6809 Little Ranch Road REQUEST Public hearing and consideration of a request from Barton Surveying and Laser Scanning LLCfor a zoning change from RE-1(Residential Estate)to RE-2 (Residential Estate) at 6809 Little Ranch Road, being 0.55 acres described as a portion of Lot 7, Block 1, Morgan Meadows. DESCRIPTION Proposed zoning change for the development of two single-family residential lots. The RE-2 (Residential Estate) district requires a minimum lot size of 20,000 square feet. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, February 15, 2024 City Council 7:00 PM Monday, March 4, 2024 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP H Cr w Z 00 0 Z Lu w AXES 0 DH 0 10 ...... ......... ....... w z < w U) 0 NORTH FORTY In 0 CHI K 6F 00,IDP I HE 112Yx AN RUAL CHANCE F UXW)PLAiN,AS DEPICTED CIA rHE FP INSURANCE BATE IVA.P No 43439C0=,COMMUNITY PANEL No 480637 0205 1- REVISE—ARCIH 11 21319 ,q N�,'y i I 4 t If V-N' f 111 51 11 II V kI uI N LOT o I LOCII I 1',t U 1'-� V(u N MFAD0V0;AFD "0"01 38p,I]PG 90 1 OT I 1 11 Slt 11 tad I Y 1"�'"(I �'4 ,," I RGAN ML ,I PEI C211 D2 J'-J,&-h J,�J'J""N-�'K (FA.;T MOB) PR N89'29'14"IE 39D.80' P"" 74� 49P................---- ---9'TFSX 0 --- 7 , I ' 0 P'G 31"'.r'AR-T, V. 1-014RI r qq Iopt. A 0 j()I' B1,00111 i ZD NM AMWV I)1) r rrr r 4 r T 2 Z Z/ I N I I 107 14)1q uj MORGAN Nit ow 0 PR CC#D22317 8593 BREAKFALL iHOME SOLu rR INS,LLC LOT 7R2 [)RTQT BLOCK 1 1.29 ACM A E I ZONE A ------- U7 ILITY'.SA"1'IV 'W4 Y,'k PC,i0 Pi:zrCl 5-11111111 E1.1 1111L',W-1',1.1G 11 111171�------S89'3()'14'W 399.80-----j Tr TARRA�APPFVI�- DIS,NCT[c19 0 IJ £Y,KOCIx C Planning and Inspections Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC23-0089 BIRDVILLE ISD 6125 E BELKNAP ST HALTOM CITY TX 76117 BREAKFALL HOME SOLUTIONS LLC 6080 HULEN ST#360-278 FORT WORTH TX 76132 BROOKS,TONY D 6816 LITTLE RANCH RD NORTH RICHLAND HILLS TX 76182 CHAMBERS,GARY PO BOX 164072 FORT WORTH TX 76161 FINCHER, DOYLE K 6733 LITTLE RANCH RD NORTH RICHLAND HILLS TX 76182 GRAVES, DIANA K 6801 LITTLE RANCH RD NORTH RICHLAND HILLS TX 76182 RABEL, MARIE A 6800 LITTLE RANCH RD NORTH RICHLAND HILLS TX 76182 REED, LARRY D 6805 LITTLE RANCH RD NORTH RICHLAND HILLS TX 76182 SHAW,JAS M 6901 LITTLE RANCH RD NORTH RICHLAND HILLS TX 76182 6868 6825 6824 ......... ......... ,,,, m �m uuum uuum uuum uum�u uuum a uis'nmuoo ............................... ............... ................................................. ......... ....................... 6864 �lollp 6817 6816 6860 7128 ............................ ������� ��������� ��������� ���muu ���������������� ......... .............. ....., ....... 0 S 6800 7405 7129 U Q 7133 II�IIIIIIII J ill 6805 i 6824 ,,,,,,,,, iiuuuuuuummuwsmmm uuuu uuumuwammm uuum uuum V�wvmmmum�mim�i '"�"�"'�� 6801 DISCLAIMER:This product is for informational purposes and may not N have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 30 60 120 180 240 only the approximate relative location of property boundaries. e �I it KING RANCH � I i kr FQUR SIXES 3 � � y r, a � OWN ER Calvin Huezo NOT TO SCALE Breakfall Home Solutions LLC 6080 Hulen St#360-278 Fort Worth TX76132 ZONING EXHIBIT H RANCH NQRTHFORTY 6809 Little Ranch Rd APPLICANT 0.55 acres sweNsoNRnwcH � � ` � I Barton Surveying and Mr CHIMNE,YCREEH , `� ,,, Laser Scanning LLC RE-1 (Residential Estate)to 2333 Minnis Dr#G RE-2(Residential Estate) � � a Haltom City TX 76117 LEGAL DESCRIPTION TO Texas Registered Surveying Firm # 10091800 LOT 7, BLOCK 1, MORGAN MEADOWS ADDITION, TO THE CITY OF Notes: NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO This lot is subject the following: THE PLAT RECORDED IN VOLUME 388-13, PAGE 50, PLAT (lob)-Easement, Vol. 4140, Pg. 395, Vol. 5540, Pg. 844, R.P.R.T.G.T. RECORDS, TARRANT COUNTY, TEXAS. According to the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel No. 48439CO205 L, dated March 21, 2019, this property does not lie within a 100-Year Flood Hazard Area. Scale: I"= 60' JP Job No ADDITIONAL BUILDING LINES/EASEMENTS PER CITY ZONING ORDINANCES $ Field: KR 2309wF06 SUBDIVISION RESTRICTIONS/COVENANTS MAY AFFECT SUBJECT PROPERTY BUILDING LINES/EASEMENTS PER PLAT UNLESS OTHERWISE NOTED J DER (92 o found 1/2" iron rod bears metal fence post bears * * S 12` 44' 41" E 1.487 S 80' 38' E 0.4' E - - L a utility 10' U.B. y NG ped. ) 38'x I6' shed n.g. N c* J' PROPOSED RE-2 o (RESIDENTIAL ESTATE) :I;r 3 ) IT LO 7 �- A LOT 8 l BLSq ���. LOT � Purchaser Purchaser DATE: 1 .u, 4 f;? .f„P ACCEPTED BY: - REE jT), 1. yy j2" 1/2" G2' RF IRF -- /2" IRF �: RF 200. 611.2'� I ght'i'�00.0' p^cant, drain � � pole it �•, LITTLE RANCH ]GOAD �� •HODHIC R. �@EESE L ,r . •�®®5883®®fie C �® Address: 6809 LITTLE RANCH ROAD IVY` ll M ® �, II E"SS;••'.y v4",III a Nr ®••SU��� G.F. No.: 23-146216 ate: O9/20/2023 � �II I, Rodric R. Reese, Registered Professional Land Surveyor No. 5663, do hereby declare that the map shown hereon accurately rately represents the property a determined by an n-the-ground survey under my direct supervision and o correctly shows the boundary lines and dimensions of the property, as Found on the date of the survey, indicated hereon. There are no visible conflicts or protrusions, except as shown and said property has access to a public raadway. FULLER All a ents and right-of-ways that the surveyor has knowledge of or has been advised of and those shown on the referenced plat of record are shown or noted hereon. This survey is for the exclusive use of title company, the mortgage LAND SURVEYING, INC. company and the purchaser. .P.F. = Iron Pipe Found LEGEND B.L. = Building Line I.R.F. = Iran Rod Found ® = water Meter -//- = Wood Fence G.M. = Control Monument I.R.S. = Iron Rod Set P.O.S.E. = Public Open Space Easement -0- = Chain Link Fence D.E. = Drainage Easement Capped "FULLER" R.O.W. = Right of Way D.U.E. = Drainage 4 Utility O.H.E. = Overhead Electric • = Power Pole 0 = Iron Fence Easement U.E. = Utility Easement -X- = Wire Fence M.E. = Maintenance Easement ( ) = Record Data ET = Electric Transformer = Bearing Basis ❑gm = Gas Meter MI = Electric Meter 2411 GARDEN PARK COURT, ARLINGTON, TX. 76013 - PH# (817)856-2442 LAND DESCRIPTION BEING A PORTION OF THAT CERTAIN LOT 7, BLOCK 1, MORGAN MEADOWS ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AS RECORDED IN VOLUME 388-13, PAGE 50, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS,AS FOLLOWS: BEGINNING AT A POINT FOR THE NORTHEAST CORNER OF SAID LOT 7, THE SAME BEING THE SOUTHEAST CORNER OF LOT 6 OF SAID BLOCK 1, BEING IN THE WESTERLY RIGHT OF WAY (ROW) OF LITTLE RANCH ROAD,A 50 FEET WIDE ROW; THENCE SOUTH 00°33'46" EAST WITH SAID WESTERLY ROW LINE AND THE EASTERLY LINE OF SAID LOT 7 A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 89°39'14" WEST DEPARTING SAID ROW AND PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 7, A DISTANCE OF 240.00 FEET TO A POINT FOR CORNER; THENCE NORTH 00°33'46" WEST PARALLEL WITH SAID WESTERLY ROW LINE, A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER, SAID POINT BEING ON THE COMMON LOT LINE BETWEEN SAID LOTS 6 AND 7; THENCE NORTH 89°39'14" EAST WITH SAID COMMON LOT LINE, A DISTANCE OF 240.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 24,000 SQUARE FEET, OR 0.551 ACRES OF LAND, MORE OR LESS. PROJECT No. LAND DESCRIPTION FOR THE SHEET No. 1 NORTHEAST 24,000 SQUARE FEET Barton Surveying & DATE: 2/2/2024 Laser Scanning, OR 0.551 ACRES OF LAND 2333 Nfinn s Drive,Suite G SCAL N OF 76117 DWN:E:1" =1I CHKD: BEING MORGAN MOEADOWSOADD ADDITION 1 ®� 1 -)COPYRIGHT 682.8 1 city,T`FIRM No.:1019= WB WB 682.841.0099 From: Niko,le Barton Sent: Friday, February 23, 20,24 1501 PM To: Clayton Husband Cc: Calvin Huezo; Loretta S; Tyson Finley; Wayne Barton Subject: ZC23-0089 & PLAT24-0058 Attachments: Good day Clayton,, On behalf of Breakfal.l.Home SoLutiions,we are f orrnatly appeaLiing the dleniial decision nnade by the Ranning and Zoning Commission on February 15,2024. The owners wouLd tike the opportunity for City Council.to hear their requests on March 4, 20,24, A11l parties,pertaining to this request have been copied lin should you have any questions for the owner's or Barton Surveying& Laser Scanning, LLC, In addition, here is the current petition of those who signed:in,support of our requests. Thank you in advance for your assistance. Respectfully, Nikote Barton Chief Financial Officer 4 Z44c,S,4".,.g, zze T (Office) 682.841 M99 ORDINANCE NO. 3844 ZONING CASE ZC23-0089 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING 0.55 ACRES OF LAND LOCATED AT 6809 LITTLE RANCH ROAD FROM RE-1 (RESIDENTIAL ESTATE) TO RE-2 (RESIDENTIAL ESTATE); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.55 acres of land located at 6809 Little Ranch Road (the "Property") has filed an application to rezone the Property from its present classification of RE-1 (Residential Estate) to RE-2 (Residential Estate); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 15, 2024, and the City Council of the City of North Richland Hills, Texas, held a public hearing on March 4, 2024, with respect to the zoning change described herein; and Ordinance No. 3844 ZC23-0089 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from RE-1 (Residential Estate) to RE-2 (Residential Estate) 0.55 acres of property described as a portion of Lot 7, Block 1, Morgan Meadows, commonly referred to as 6809 Little Ranch Road, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. SECTION 2: That the official zoning map of the City of North Richland Hills is amended and the Director of Planning is directed to revise the official zoning map to reflect the approved RE-2 (Residential Estate) zoning, as set forth above. SECTION 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. SECTION 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or Ordinance No. 3844 ZC23-0089 Page 2 of 4 decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. SECTION 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as required by law, if applicable. SECTION 10: This ordinance shall be in full force and effect upon publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 4th day of March, 2024. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3844 ZC23-0089 Page 3 of 4 ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Cara Leahy White, Interim City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Director of Planning Ordinance No. 3844 ZC23-0089 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3844— Page 1 of 2 Zoning Case ZC23-0089 Portion of Lot 7, Block 1, Morgan Meadows 6809 Little Ranch Road, North Richland Hills,Texas BEING a portion of that certain Lot 7, Block 1, Morgan Meadows Addition,and addition to the City of North Richland Hills,Tarrant County,Texas,as recorded in Volume 388-13,Page 50,Plat Records,Tarrant County,Texas,said portion being more particularly described by metes and bounds as follows: BEGINNING at a point for the northeast corner of said Lot 7, the same being the southeast corner of Lot 6 of said Block 1, being in the westerly right-of-way of Little Ranch Road,a 50-foot wide right-of-way; THENCE South 00 degrees 33 minutes 46 seconds East with said westerly right-of-way line and the easterly line of said Lot 7 a distance of 100.00 feet to a point for corner; THENCE South 89 degrees 39 minutes 14 seconds West departing said right-of-way and parallel with the northerly line of said Lot 7,a distance of 240.00 feet to a point for corner; THENCE North 00 degrees 33 minutes 46 seconds West parallel with said westerly right-of-way line, a distance of 100.00 feet to a point for corner,said point being on the common lot line between said Lots 6 and 7; THENCE North 89 degrees 39 minutes 14 seconds East with said common lot line, a distance of 240.00 feet to the POINT OF BEGINNING and containing 24,000 square feet,or 0.551 acres of land, more or less. PUBLIC INPUT From: 6eckv 6rggks To: Planning Subject: Case:ZC23-0089 Date: Thursday,February 8,2024 7:22:54 AM To Whom It May Concern- We are wanting to make onr opinion known regarding the re-zoning that is being requested at 6809 Little Ranch Rd. We own and live at the property at 6816 Little Ranch Rd.We desire to keep the integrity of this neighborhood by keeping the lots at their ctirrent size. It is onr hope that this ctirrent zoning request will be aimed down based on the deed restrictions already in place. Thank you- Tony and Becky Brooks PUBLIC INPUT From: aary chambers To: Planning Cc: aary chambers Subject: Case:ZC23-0089 Opposition Date: Monday,February 5,2024 8:32:31 PM February 5, 2024 Planning and Inspections Department 4301 City Point Drive NRH, TX 76180 Re: Opposition Public Hearing Notice Case: ZC23-0089 To Whom It May Concern, My name is Gary Chambers and my family lives at 6817 Little Ranch Road. This is next door to the subject property at 6809 Little Ranch Road, Case #ZC23-0089. We are writing in opposition because this would be the loss of "country feel" of the wider lots. More homes in a condensed configuration would reduce the appeal of the community and in time draw more investors (trying to figure out how to break the lots down even more) in lieu of families. Seven years ago, our family moved to this area and were able to build a single family home due to the strict adherence to this restriction that was placed on the home builder that owned the lot before us. He made the statement to us that he was not successful in trying to break the lot up to build multiple homes, because the city required him to have one acre per home. We had to maintain the current zoning which requires a home be built on at least one acre. During our search, we went to the city and ask about the lot in which we currently live and found out that the city wanted to keep what they deemed as "Estate Lots" in place, and the "residents" were very critical of breaking the lots up. We have seen the same zoning be enforced on a sale of property at the corner of North Forty and Little Ranch in which the city required the conveyance of at least one acre be accompanied with the home that was sold. We have also attended a meeting with the city representatives of the Planning and Zoning Department in which the residents of Morgan Meadows Addition by majority vote, wanted to maintain the current configuration of the lot size. PUBLIC INPUT I have met with the owner of Barton Surveying and Laser Scanning LLC requesting the zoning change and let him know that we cannot support the effort as presented. We are asking the Planning and Zoning Commissioning to keep the current zoning in place and allow our community to be a hidden gem of North Richland Hills. Thankyou Gary Chambers PUBLIC �����NN�� � ��m�m���� INPUT ��u������/���� ���������������� February 27'2O24 Dear Planning&Zoning, City Council and Mayor Trevino, RE:Zoning Case ZC23-O089 and Plat Case PL/g24-OO50 G8Og Little Ranch Road, Morgan Meadows Subdivision |, Kevin Lafferty, resident Of North Richland Hills, TX; iOcatedot78OO Mockingbird Lane. | annin support Uf the above mentioned case numbers. Our city needs growth. | moved tO North Richland Hills two years ago. |would have valued the chance tO purchase e home in Morgan Meadows. Whereas I would prefer not to own a tot that is over an acre, but a haLf-acre Lot would be perfect. PUBLIC INPUT From: Marie To: Planning Subject: Case:ZC23-0089 Date: Wednesday,February 7,2024 8:53:42 PM I am opposed to this proposed zoning change to a RE-2. This subdivision is known and valued for its RE-1 zoning. All lots should be a minimum of 1 acre per the Deed Restrictions for Morgan Meadows. Marie Rabel 6800 Little Ranch Road North Richland Hills 76182 PUBLIC INPUT From: Lary Reed To: Planning Subject: NRH Case: ZC23-0089 Date: Tuesday, February 6, 2024 7:52:46 AM NRII Case:ZC23-0089 I am writing in opposition to Case:ZC23-0089. I am directly south of 6809 Little Ranch Rd and feel the separating of this property in any manner takes away from the aesthetics of our addition.Also,houses built on both sides of my property have caused a standing area of water on my property as it no longer drains as it used to.This will only compound this problem. Thank you, Lary Reed 6805 Little Ranch Rd PUBLIC INPUT From: James Shaw To: Planning Subject: CASE: ZC23-0089 Date: Tuesday, February 6, 2024 7:34:26 AM I am against the proposed zoning change Case: ZC23-0089 at 6809 Little Ranch Rd. Lot 7, Block 1 Morgan Meadows. James Shaw I am the owner of the lot at 6825 Little Ranch Rd Lot 5, Block 1, Morgan Meadows. I live at 6901 Little Ranch Rd. Lot 4, Block 1, Morgan Meadows. City of North Richland �' r -? UT Public ire ppe ra B CP WELCOME to the NORTH RI HLAND HALLS PLANNING & ZONING ("P&Z") COMMISSION MISSION EETIN .. • Those wishing to address the P&Z Commission must complete this card and present it to the recording secretary prior to the aiwatteir being reached, Groups wishing to address the same issue are encouraged to select a spokesperson.. • The Chair will ask those wishing to address the P&Z Commission to do so at the appropriate time. Please approach the speaker's podium In the center of the Council Chambers, state your name and address for the record. Please direct your comments to the Chair and P Z commission. • Members of the public may address the P&Z Commission at the following times during a meeting:. 1. Public Hearings may be held throughout the regular agenda items and are usually required by Texas law. Speakers will:: not be permitted to speak about matters or present evidence, which is not germane to the item being considered. Speakers are limited to three ( ) minutes for individuals. There is a cumuilative limit of thirty ( ) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. If needed, time limits may be extended with concurrence of P,&Z Commission. No person may speak twice to the same item until all persons wishing to speak have been recogniedl, ; person will only be allowed to speak a second time when there is new evidence to present. . Public Comments—awn opportunity for citizens to address the P Z Commission on matters which are scheduled on this agenda for consideration by the PZ Commission, but not scheduled as a public hearing. In order to address the P Z Commission during public comments, all Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the P Z Commission meeting. Speakers must observe the 3 minute time limit. • Group representatives speaking for ten (1 g) or more individuals present in the Council Chambers may speak for ten (1 g) minutes. Members of the group will not be allowed to comment and will be asked to stand to confirm ten individuals are present. The chair or recording secretary mu.ust be advised that a group presentation will be made prior to reaching the item. • No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any individual member of the council, city staff, or member of any city board or commission. Any such personal attack, or attempted personal attack, may be challenged with, a point of order or the chair may interrupt an offending speaker, to enforce this rule.The chair may prevent any citizen from addressing the P&Z Commission who makes comments or provides documents during public cornrnents portion of the P Z Commission meeting that are defamaitory, whether slander or libel„ rise to the level of disorderly conduct, incite a riot„ or are considered a breach of the peace. Please P t Name Al" r 'address f �....� � » 1=. V mall ...... City i p� Phone � l Are Please select one of the following: Public Hearings: Agenda Item# Speaking IN FAVOR Speaking IN OPPOSITION I do not wish to speak. Please record my SUPPORT OPPOSITION N (Chair„ or designee will indicate at the approp late time the names of individuals in support or opposition for the official record.) Regular Agenda Item# Group Representative: (speaking for 10 or more persons who are present and will not speak) Yes _-�4—No (If yes, please provide list of names to recording secretary with this forma By completing and submitting this form to the r'ecordi'uug searetary t am agreeing to ai''l rules and procedures outfined above, Signature: w u , Gate: lk `w City icl ObBLIC Public Meeting AppearanfeAa WELCOME to the NORTH FAI N-NLAND HALLS PLANNING & ZONING (°"P&Z" ) COMMISSION MEETING. • Those wishing to address the P&Z Commission must coin et s tb-wis card and present It to ithir:a a ecordini sear tart' prior to ttwe matter being reached, Groups wishing to address the same iissuuie are encouraged to select a spoikesperson. • The Chair will ask those wishing to address the P&Z Commission to do so at the appropriate time. Please approach the speaker's podium in the center of the Council Chambers, state your nerve and address for the record. Please direct your comments to the Chair and P&Z Commission. • Members of the public may address the P Z Commission at the following times during a meeting 1� Public Hearings may be held throughout the regular agenda items and are usually required by Tees law,. Speakers will not be permitted, to speak about matters or present evidence, which is not germane to the item being considered. Speakers are limited to three ( ) minutes for individuals. There is a curniWative limit of thirty ( g) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition.: If needled, time limits may be extended with concurrence of P Z Commission. No person may speak twice to the same item until l 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. . Public Comments—Ain opportunity for citizens to address the P&Z(commission,on matters which are scheduled oni, this agenda for consideration by the P&Z Commission, but not scheduled as a public hearing In order to address the P&Z Commission during public comments, a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the i Commission meeting. Speakers rnuist observe the 3 minute time limit. ■ Group representatives speaking for ten (1 g) or more individuals present in the Council Chambers may speak for ten (10) minutes. Members of the group Will not be allowed to comment and will be asked to stand to confirm ten individuals are present. The Chair or recording secretary must be advised that a group presentation will be made prior to reaching the item.. • No member of the public shall be permitted to conduct any verbal personal attack on, the mayor, any individual member of the council, city staff,or member of any city board or commission.,Any such personal attack, or attempted personal attack, may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rude. The chair may prevent any citizen from addressing the P&Z Commission who makes comments or provides documents during public comments portion of the P Commission meeting that are defamatory, whether slander, or libel, rise to the level of disorderly conduct, incite a riot, or are considered a breach of the peace. Please IPrint: Name G 6°%.t i C,k ke i S ,Address c ,,I " .i City t eliNd 11415 Zip ,.,.' � Phones.j- . - email Please select one of the following: Puublic Hearings: Agenda Item Z u ;..:�1- y139 Speaking IN FAVOR _Speaking IN OPPOSITION I do not wish to speak. Please record my_SUPPORT OPPOSITION (Chair, or designee, will indicate at the appropriate time the names of individuals in support or apposition for the official record".) Regurfar Agenda item ff Group representative: (speaking for 10 or more persons who are present and will not speak) Yes No (If yes„ please provide list of names to recording secretary with this form.) By completing and srrbinitti g this form to the recording secretary i am agreeing to all miles and procedures outlinied aboire, Signature: . Date: „ ,, City of North Richiland %bLIC INPUT f'w r(• 4 fi" �1'� kPublic MIeeting AppeararM29-%689 sia WELCOME two the NORTH RICHLAND DILLS PLANNING & ZONING („'P& ") COMMISSION MEETING. • Those wishing to address the P&Z Commission rVrust corq:rlele this Gard and preseu, t it to the rurrording secretary prior to the matter being reached. Groups wishing to address the same issue are encouraged to select a spokesperson. ® The Chair willl ask those wrwishiing to address the P&Z Commission to do so at the appropriate time. Please approach the speakers podium in the center of the Council Chambers, state your name and address for the record. Please direct your comments to the Chair and P&Z Commission. ® Members of the public may address the P&Z Commission at the following times during a meeting: 1. Pub lic Hearings may be held thiroughout the regular agenda items and are usually required by Texas law. Speakers will not be permitted to speak about matters or present evidence, which is not germane to the item being considered. Speakers are limited to three ( ) minutes for individuals. There is a cumulative limit of thirty ( 01) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. if needed, time limits may be extended with concurrence of P&Z Commission. No person may speak twice to the same item until alll 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. . Public Comments—An opportunity for citizens to address the P&Z Commission on matters which,are scheduled on this agenda for consideration by the P'&Z Commission, but not scheduled as a public hearing. In order to address the P&Z Commission during public comments a Public Meeting Appearance Card must be completed and, presented to the recording secretary prior to the start of the P&Z Commission meeting. Speakers must observe the 3 minute time limit.. Croup representatives speaking for ten (1 g) or more individuals present in the Council Chambers may speak for ten (1 g) minutes, Members of the group will not be allowed to comment and will be asked) to stand to confirm ten individuals are present. The Chair or recording secretary must be advised that a group presentation will, be made prior to reaching the items. No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any individual member of the council, city staff, or member of any city board or commission. Any such personal attack„ or attempted personal) attack, may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rule.The chair may prevent any citizen from addressing the P&Z Commission who makes comments or provides documents during public comments portion of the P&Z Commission meeting that are defamatory, whether slander or libel, rise to the level of disorderly conduct, incite a riot, or are considered a breach of the peace. Please Print: Name Address t' rZ L j,' tom . „4 City ., n d; l/ ,� Zip i�°- Phoneme ,�f y,y f Email Please select one of the following, Public Hearings: Agenda Item# . Ip g Speaking: N II do not wish to speak. Please record imy—SUPPORT eakir`u l T lC ,w OPPOSITION (Chair, or designee, will indicate at the appropriate time the names of individuals in,support or opposition for the official record.) Regular Agenda )terry tf Grou p Representative., (speaking for 10 or more persons who are ,present and will not speak) Yes � No (If yes, please provide list of names to recording secretary°with, this form..) By con7pleting and submitting this form to the recording sle retary lam agreeing to al/rules and procedures r; uffined above. �.w ., Sugnat�ure. � .,�, r�°� �"�''' �� Date: _5 -- ,f�y City of North Richland C INPUT a a lad Meet,ing Appearal W2 889 WELCOM E to the NORTH RtCIHLAND HILLS PLANNING &ZONING, ("P&Z") COMMISSION MEETING, ■ Those wishing to address the P Z Commission r nust complete tI0s c,,,,ard and present it to the record.ii ng ser retn�l y prior to the I'Matter being reached, Groupswishing to address the same issue ,are encouraged to select a spokesperson. • The Chair will ask those wishing to address the PZ Commission to do so at the appropriate time. Please approach the speaker's podium in the center of the Council Chambers„ state your name and address for the record. Please direct your commenits to the Chair and PZ Corrnmission. • Members of the public may address the P Z Commission at the following dimes during a meeting: 1. Public Hearings may be held throughout the reglular agenda items and are usually required by Texas law. Speakers will not be permitted to speak about matters or present evidence„ which is not germane to the item being i considered. Speakers are limited to three ( ) minutes for individuals. There is a cumulative limit of thirty ( 0)minutes for all those speaking in,favor of an item and a like Iimnt for those speaking in opposition. If needled, time limits may be extended with concurrence of PZ Commission. No person may speak twice to the same item until all persons wishing to spear have been recognised. A person will only be allowed to speak a second time when there is new evidence to present. a Public Comments An opportunity for citizens to address the P&Z Commission on matters which are scheduled oni, this agenda for consideration by the PZ Commission, but not scheduled as a public hearing. In order to, address the P&Z Commission during public comments, a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the PZ Commission meeting. Speakers must observe the 3 m minute time limit. • Croup representatives speaking for ten (1 g) or more individuals present in the Council Chambers may speak for ten (10) minutes. Members of the group will not be allowed to comment and will be asked to stand to confirm ten individuals are present. The Chair or recording secretary must be advised that a group presentation will be made prior to reaching the item. • No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any individual member of the council, city staff, or member of any city board or commis-sion.. ,any such personal attack, or attempted personal attack" may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rule.The chair may prevent any citizen from addressing the PZ Commission who makes comments or provides documents during public comments, portion of the P Z Commission meeting that are defamatory" whether slander or libel, rise to the level of disorderly conduct, incite a riot, or are considered a breach of the peace. Please Print: Name Address City " /2'-A 7 Zn " PInone Pmail Please select one of the following: Public Hearings:Agenda Item# Speaking IN FAVOR p II do not wish to s Speaking I� ll OPPOSITION N �?. peak. Please record my_SUPPORT ;�OPPOSITION (Chair, or designee, will indicate at the appropriate time the narrnes of individuals in support or opposition for the official record.) Regular Agenda Item Croup Representative: (speaking for 10 or more persons who are present and will not speak) "Yes to (If yes, please provide list of names to recording secretary with this form.) By omptetirn,c and a t t.nnifflrig this form to the recionling secretary Jam agreeing to all rules and procedures caithned rove. Signature:,— Late: City of North, Richland $&LIC INPUT y lip Meeting Appeararf,&lRA6689 WELCOME to the NORTH RI HLAND HILLS PLANNING & ZONING (" Z") COMMISSION ION MEETING, ING, ® Those wishing to address the P Z Commission must cn°rrnplete arils card and l.:nresent iI to the record!4-i I secretary l.nrior to the matter being read-red. roues wishing to address the ramie issue are encouraged to select a spokesuerson. • The Chair will ask those wishing to address the P ,Z Commission to do so at the appropriate time. Please approach the speaker's podium in the center of the Council Chambers„ state your name and address for the record, Please direct your comments to the Chair and PZ Commission. • Members of the public may address the P Z Commission at the following times during a meeting.- 1. Public Hearings may be held throughout the regular agenda items and are usually requiired by Texas law, Speakers will not be permitted to speak about matters or present evidence, which is not germane to the item being considered.. Speakers are limited to three ( ) minutes for individuals. There is a cumulative limit of thirty ( g) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. If needed, time limits may be extended with concurrence of P Z Commission. No person may speak twice to the same item until all persons wishing to speak have been recognized. Aw person will only be allowed to speak a second time when there is niew evidence to present. . Public Comments®An opportunity for citizens to address the P Z Commission on matters which are scheduled on this agenda for consideration by the PZ Commission, but not scheduled as a public hearing. In order to address the P&Z Commission during public comments, a Public Meeting Appearance Card must be completed and presented to the recor6ng secretary prior to the start of the P, Z Commission meeting;. Speakers roust observe the 3 minute time limit. ■ group representatives speaking for ten (1 g) or more individuals present in the Council Chambers may speak for ten (10) minutes. Members of the group will not be allowed to comment and will be asked to stand to confirm ten individualls are present. The Chair or recording secretary must be advised that a group presentation will be made prior to reaching the item. No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any individual member of the council, city staff, or member of any city board or commiission. Any su.uch personal attack, or attempted personal attack, may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rule.The chair may prevent any citizen from addressing the PZ Commission who makes comments or provides documents during public comments portion of the P+ Z Commission meeting that are defamatory, whether slander or libel„ rise to the level of disorderly conduct, incite a riot, or are considered a breach of the peace. Please Print: Name e- � Address L/TrL,6 TFAKCH City _ Zip Phone Emai Please select one of the following: Public Hearings, Agenda Item## nl 8 Speaking IN FAVOR Speaking IN OPPOSITION ITION I do not wish to spear. Please record m,y__�SU PORT OPPOSITION (Chair, or designee, will indicate at the appropriate time the is es of in in support or opposition for the official record.) Regular Agenda Item#t Group Representative (speaking for 10 or more persons who are present and will not speak) Yes No (If yes, please provide list of names to recording secretary with this form.) By completing and arbmittirrp tills form to the recording secretary'f air agreeing to all rules and procedures outfirred above Signature: mow. gate: City o o RichlandItkIC INPUT rM2926689 co WELCOME to the NORTH RICHLAND HILLS PLANNING & ZONING ("P&Z"„) COMMISSION ION MEETING. Those wishing to address the P Z Commission must r;:;ornplete thus card and present it to the recording secretary prior to the matter being reached. Croups wishing to address the same issue are en,couiragied to select a: spokesperson.. M. The Chair will ask those wishing to address the PZ Commission.... to do so at the appropriate time.. Please approach the speaker's podium in the center of the Council Chambers„ ,state your name and address for the record. Please direct your comments to the Chair and PZ Commission. Members of the public may address the P Z Commission at the following times during a meeting. 1. Public Hearings may be held throughout the regular agenda items and are usually required by Texas law. Speakers will not be permitted to speak about matters or present evidence, which is not germane to the item being considered. Speakers are limited to three ( ) minutes for individuals. There is a cumulative limit of thirty ( 0) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. If needed, time limits may be extended with concurrence of PZ Commission. 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. . Public Comments—An opportunity for citizens to address the P Z Commission on matters which are scheduled on this agenda for consideration by the PZ Commission, but not scheduled as a public hearing. In order to address the P' Z Commission during public comments, a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the P ;Z Commission meeting, Speakers miust observe the 3 ,minute time limit.. • Group representatives speaking for ten (1 g) or more individuals present in the Council Chambers may speak for ten (10), minutes. Members of the group will not be allowed to comment and will be asked to stand to confirm ten individuals are present. The Chair or recording secretary must be advised that a group presentation will be made prior to reaching the item. No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any individual member of the council, city staff, or member of any city board or commission. Any such, personal attack, or attempted personal attack, may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rule.The chair may prevent any citizen from addressing the P Z Commission who makes comments or provides documents during public comments portion of the PZ Commission meeting that are defamatory, whether slander or libel, rise to the level of disorderly conduct, incite a riot, or are considered a breach of the peace, Please Print: .y Name Address d Crty .�a Zup J , phone ,. l r ,r maul Please select one of the following: Public Hearings: Agenda item ff Speaking IN FAVOR ..4LSpeaking IN OPPOSITION I do not wish to speak, Please record my _SUPPORT T _OPPOSITION (Chair, or designee, will indicate at the appropriate time the names of individuals in support or opposition,for the official record.) Regular lar ,gend"a Item# Croup Representative: (speaking for 10 or more persons who are present and will not speak) Yes No (If yes, please provide list of names to recording secretary with, this forma.) By completing and srrlrrr°rittlrrpp tfrls l"017'11 to the recordhl g sac°r rbtrrry l ain agreeing to all r ules and prrocediures rrr,r'tf nerf above. Signature: Date: City of forth Richland '�LIC INPUT Public Meeting AppearaW29-86689 WELCOME to the NORTH RI HLAN!D HILLS PLANNING & ZOlNINu (1111?& ") COMMISSION MEETING. TING. Those wishing to address the P Z Commission rruuuSt rAOITIplele tl°uis card and present it tal the recording Secretary prior to the matter being reached. Groups wishing to address the same issue are encouraged to select spokesplerson. . The Chair will ask those wwi.shing to address,the Pc Z Commission to do so at the appropriate time.. Please approach the speaker's podium in the center of the Council Chambers, state your name and address for the record. Please direct your comments to the Chair and P' Z Commission, . Members of the public may address the P Z Commission at the following times during a meeting: �. Public Hearings may be held throughout the regular agenda items and are usually required by Texas IVaww,. Speakers will not be permitted to speak, about matters or present evidence, which is not germane to the itern being considered. Speakers are limited to three (G) minutes for individuals. There is a cumulative limit of thirty ( g) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. If needed, time limits may be extended with concurrence of PZ Commission. 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, . Public Comments—An opportunity for citizens to address the P Z Commission on matters which are scheduled on this agenda for consideration by the PZ Commission, but not scheduled as a public hearing. In order to address the P Z Commission during public comments„ a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the PZ Commission meeting. Speakers must observe the 3 minute time limit. Group representatives speaking for ten (10) or more individuals present in the Council Chambers may speak for ten (1 l) mlinutes. Members of the group will not be allowed to comment and will be asked to stand to confirm tern individuals are present. The Chair or recording secretary must be advised that a group presentation will be made prior to reaching the item. No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any individual member of the council, city staff„ or member of any city board or commission, Any,such personal attack, or attempted personal attack, may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rule. The chair may prevent any cifi en from addressing the P Z Commission who makes comments or provides documents during public comments portion of the PZ Commission meeting that are defamatory, whether slander or libel, rise to the level of disorderly conduct, incite a dot, or are considered a breach of the peace. Please prl,n N , Name Address ua �_� . City "� Zip . , � hone u � ° �.� w� :�����",.� � email Please select one of the following: Public Hearings: Agenda Item# Speaking IN FAVOR Speaking IN OPPOSITION I do not wish to speak. Please record my_SUPPORT V OPPOSITION ('Chair, or designee, will indicate at the appropriate time the names of individuals in support or opposition for the official record.) Regular Agenda ltern tf Group representative. (speaking for 10 or more persons who are present and wwiill not speak) Yes No (If yes, please provide list of names to recording secretary with this form.) y r r ru trlu tiu , and urtruuuutti tc rru/td , recording�s ecretary l ain agr ,�eing try all roles at pru�u���durres oustlined Date. .... Signature: Z // i. - .......... City of North Richland 'U CgPUT .7r Public Meeting Appeara f WELCOME,to the NORTH RICHLAND DILLS PLANNING & ZONING ("P&Z") COMMISSION MEETING. R Those wishing to address the P ,Z Commission uruiu,us.t cornp..Ie*te this usard and present it to the recording secretary prior to the rnatter being reached, Groups wishiing to address the same issue are encouraged to select a spokesperson. The Chair will ask those wishing to address the PZ Commission to do so at the appropriate time. Please approach the speaker's podium in the center of the Council Chambers, state your name and address for the record. Please direct your comments to the Chair and P Z Commission. 4 Members of the public may address the P Z Commission at the following times during a meetingi; °I'„ Public clearings may be held throughout the regular agenda items and are usually required by Texas law. Speakers will not be permitted to speak about matters or present evidence, which is net germane to the item being considered. speakers are limited to three (3,) minutes for individuals. There is a cumulative limit of thirty ( g),minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. If needled, time limits may be extended with concurrence of PZ Commission. 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. . Public Comments An opportunity for citizens to address the P, Z Commission on matters which are scheduled on this agenda for consideration by the IPZ Commission, but not scheduled as a public hearing. In order to address the PZ Commission during public comments„ a Public fleeting Appearance Card must be completed and presented to the recording secretary prior to the start of the P Z Commission meeting. Speakers must observe the 3 minute time limit. a Group representatives speaking for ten ('I g') or more individuals present in the council Chambers may speak for tern (1 g) minutes. Members of the group will not be allowed to comment and will be asked to stand to confirm ten individuals are present. The Chair or recording secretary must be advised that a group presentation will be made prior to reaching the item.. No member of the public shall be permitted to conduct any verbal personal attack on the mayor, ainiy individual member of the council, city staff, or member of any city board or commission. Any such personal attack, or attempted personal attack, may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rule. The chair may prevent any citizen from addressing the PZ Commission who makes comments or provides documents during public comments portion of the P ;Z Commission meeting that are defamatory, whether slander or libgl, rise to the level of disorderly conduct, incite a riot, or are considered a breach of the peace. Please Prue Name—,J AJ6t,, �v Addresst, y �11' " _ p a r Cit ZI � Phone 25 Emai Please select one of the following: Public hearings: agenda Item# Speaking IN FAVOR Speaking i IN OPPOSITION l duo not wish to speak. Please record my_SUPPORT T OPPOSITION (Chair, or designee, will indicate at the appropriate time the names of individuals in ,support or opposition for the official record.) Regular Agenda Item �.. Group representative: (speaking for 10 or more persons who are present and will not speak) 'des No (If yes, please provide list of names to recording secretary with this form.) y p y t rn Secretary)� � am this, orrr �"ra t area r �er�'e � � � " rri�. � � or ntr�, � r��ir"meet �� eorrr of r� ��ra r., rara �rr , r .tr�r ���rr �.a w�r�e� �r t�eav�. r e, ". Gate f 4 Signature: 4' u 41 .. City of North i hlan Public Meeting Appeara -69-06689 LIC INPUT WELCOME to the NORTH RI HLAND HILLS PLANNING & ZONINIG ("P&Z") COMMISSION MEETING. • Those wishing to address the P&Z Commission uwuust complete this card and present it to the recoirding secretary prior tr.) the matter be4�i g reached, Groups wishing to address the same issue are encouraged to select a. spokesperson. • The Chair will ask those wishing to address the P&Z Commission to do so at the appropriate time. Please approach the speaker's podium in the center of the Councill Chambers, state your name and address for the record Please direct your comments to the Chair and P&Z Commission. • Members of the public may address the P&Z Commission at the following times during a meeting; 1. Public Hearings may be held throughout the regular agenda items and are usually required by Texas law. Speakers will not be permitted to speak about matters or present evidence, which is not germane to the item being considered. Speakers are limited to three ( minutes for individuals. There is a Cumulative limit of thirty ( 0) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. If needed, time limits may be extended with concurrence of P&Z Commission. 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. 2. Public Comments,—An opportunity for citizens to address the P&Z Commission on matters which are scheduled on this agenda for consideration by the P&Z Commission, but not scheduiled as a public hearing. in order to address the P&Z Commission during public comments, a. Public Meeting Appearance Card must be comipleted and presented to the recording secretary prior to the start of the P&Z Commission meeting. Speakers must observe the 3 minu�te time limit. • Group representatives speaking for ten (10) or more individuals present in the Council Chambers may speak for ten (10) minutes,. Members of the group will not be allowed to comment and will be asked to stand to confirm ten individuals are present. The Chair or recording secretary must be advised that a group presentation will be made prior to reaching the item. No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any individual member of the council, city staff„ or member of any city board or commission. Any such personal attack, or attempted personal) attack, may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rule.The chair may prevent any citizen from addressing the P&Z Commission who makes comments or provides documents during public comments portion of the P&Z Commission meeting that are defamatory, whether slander or libel, rise to the level of disorderly conduct, incite a riot„ or are considered a breach of the peace.. Please Print, Name Address L A OC-C� City ZiVZ4ff Phone Email Please select one of the following: °Public Hearings: Agenda Item Speaking IN FAVOR Speaking IN OPPOSITION I do not wish to speak. Please record my—SUPPORT" �� 4_ PPO&TI IN Chair, or designee, will indicate at the appropriate time the names of individuals in support or supposition for the official record.) Regular Agenda Item Groups Representative: (speaking for 10 or more persons who are present and will not speak) _Yes No (If yes, please provide list of names to recording secretary with this form.) ,By compie in andsub itt" this forn,"i for the recording eicretaq t arn agreeing to all'rui'e,s and era cedures ouffined above Signature: . Gate: �k «» r City of N�orth Richland w %WC INPUT Public in p eat", rip&926689 WELCOME to the NORTH RICHLAND HILLS PLANNING &. ZONING ("P ") COMMISSION MEETING. • Those wishing to address the P&Z Commission rr1ust complete this card and preseio..,gt it to the recording secretary prior to the matter being reached. Groups wishing to address the same issue are encouraged) to select a. spokesperson. • The Chair will ask those wishing to address the P&Z Commission to do so at the appropriate time. Please approach the speaker's podium in the center of the Council Chambers, state your name and address for the record. Please direct your comments to the Chair and P&Z Commission. Members of the public may address the P&Z Commission at the following times during a meeting: 1. Public Hearings may be held throughout the regular agenda items and are usually required by Texas law. Speakers wn!il11 not be permitted to speak about matters or present evidence, w h:ich is not germane to the item being considered. Speakers are limited to three ( ) minutes for individuals. There is a cumulative limit of thirty ( C) minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. If needed, time limits may be extended with concuirrence of P&Z Comirnission. No person may speak twice to the same itemi, 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. n Public!Comments—An opportunity for citizens to address the P&Z Commission on matters which are scheduled on this agenda for consideration by the P&Z Commission„ but not scheduled as a public hearing. In order to address the P&Z Commission during public comments, a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the P&Z Commission meeting. Speakers m,,ust observe the 3 minute time limit. Group representatives speaking for ten, (10)or more individuals present in the Council Chambers may speak for ten (10) minutes. Members of the group will not be allowed to comment and will be asked to, stand to confirm ten individuals are present. The Chair or recording secretary must be advised that a group presentation will be made prior to reaching the item.. No member of the public shall be permitted to conduct any verbal personal attack on the mayor, any individual member,of the council, city staff, or member of any city board or commission. Any such personal attack, or attempted personal attack, may be challenged with a point of order or the chair may interrupt an offending speaker to enforce this rule.The chair may prevent any citizen from addressing the P&Z Commission who makes comments or provides documents during public comments portion of the P&Z Commission meeting that are defamatory, whether slander or libel„ rise to the level of disorderly conduct, incite a riot, or are considered a breach of the peace. Please Print: lame Address City zip�l� Phone f mail Please select one of the following: Public Hearings: Agenda Item Speaking p Speaking IN OPPt ITION I do not wish to speak, Please record my t1PP RT--)(—OPPOSITION — (Chair; or designee, will indicate at the appropriate time the names of individuals in support or opposition for the official record'.) Regular~Agenda Merry Group Representative: (speaking for 10 or more persons who are present and will not speak) Yes No (If yes, please provide list of narnes to recording secretary with this form,) Bycor pfeting and si ,rrrl f ng MIS f t the recording secretary,l am agreeing to all r i'des and procedures outf ned above. Signature: Cute: 4 2— 4:)t PETITION TO SUPPORT THE REZONING OF LOT 7, BLOCK I MORGAN M�EADOWS PUBLIC INPUT SUBJECT OF PETITION: CU9RRENT ZONING R-S-1 TO R - NAME PHONIE NUMBER ADDRESS S AT1URE 7 5 92 ' -h 23 LL Il:: lle: ll'U iiry . II Ih N II III ire ire li ling o irn li irn II::: III iirvtim ire t Pra�f+ PETITION TQ WPPORT THE REZONING OF LOT 7,BLOCK 1 'z �, �11!�IC INPUT IJI 2/1 eI 20,x air Q'C 1GiY� th11S + 7( dl t Ii,Irfiri icirfi/IIgj&/oNigl ORGAN MEADOWS n1 rfitinollr SUBJF OF PETITION®... URRENT ZONING R-5-1 TO RE-2 NAME PHONE NUMBER ADDRESS 5 ATURE 'ff cr7e12 ►V" rArti. Yl 7- 7 L--- W�trG-Ova. Ft� r 1� r /-) 2,P/ J-bra& ;v r h (Z4 6 7/ 44 �?I 7 _ -] (4 7ld7AZt Piz C`; 14,- f 'WVZ -74e,-i '1 y� r-1N �J�y 1riCJ �1� Z � ( r Dvy r [� C — Il , oar Rc am%✓' -'' Cc �z ',3� ray �tk"/ `r o 1 a Pe-h-�on -t <5uffl)C—j -rr\e fc.-zoy-))nG o� LoTZO, &oc�� '5 Cet-�)Dfl -. Cu(feA+ zc1n)nc\ Q-5-) -h-) at-Q UBLIC INPLIY \j 089 7-C, C) LE Oz 'Soitcoj i 1�, �q 0 o IS I,A 1�(P>Z I edbi uhl y 202d I'M d I I 11hi 11 1i I qj&/ol lh qj I)elphi tl�HO,l 1l 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 FEBRUARY 15, 2024 CA ZC23-0089 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BARTON SURVEYING AND LASER SCANNING LLC FOR A ZONING CHANGE FROM REA (RESIDENTIAL ESTATE) TO RE-2 (RESIDENTIAL ESTATE) AT 6809 LITTLE RANCH ROAD, BEING 0.55 ACRES DESCRIBED AS A PORTION OF LOT 7, BLOCK 1, MORGAN MEADOWS. DENIED Chair Welborn stated since they are related items on the same property, items C.1 and D.1 would be presented together, but the Commission would take action on each one separately. Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Nikole Barton, Barton Surveying and Laser Scanning LLC, 2333 Minnis Drive, Haltom City, Texas, presented the request. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Commissioner Narayana and Mr. Comstock discussed the applicability of the new RE-2 zoning district in the areas and whether the concept of spot zoning is relevant to this request. Mr. Comstock stated the zoning request is consistent with the Vision203O Land Use Plan and that the single-family residential zoning districts do not have a minimum size for the zoning district itself. Chair Welborn, Commissioner Narayana, and Mr. Comstock discussed the allowances for livestock in the Agricultural and RE-1 (Residential Estate) districts. Chair Welborn called for anyone wishing to speak for or against the request to come February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 3 forward. Gary Chambers, 6817 Little Ranch Road, North Richland Hills, Texas, spoke in opposition to the request. Mack Garvin, 6908 Little Ranch Road, North Richland Hills, Texas, spoke in opposition to the request. Dung Van Ho, 6917 Little Ranch Road, North Richland Hills, Texas, spoke in opposition to the request. Mervyn Newman, 6916 Little Ranch Road, North Richland Hills, Texas, spoke in opposition to the request. Scherri Garvin, 6900 Little Ranch Road, North Richland Hills, Texas, spoke in opposition to the request. Roseann Cady, 6921 Little Ranch Road, North Richland Hills, Texas, spoke in opposition to the request. James Bellamy, 6912 Little Ranch Road, North Richland Hills, Texas, spoke in opposition to the request. Tracy Bennett, 3825 Scruggs Drive, North Richland Hills, Texas, spoke in opposition to the request. Dianne Moody, 6900 Little Ranch Road, North Richland Hills, Texas, spoke in opposition to the request. Lori Hartzler, 6824 Little Ranch Road, North Richland Hills, Texas, recorded their opposition to the request but did not wish to speak. 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. Chair Welborn and Mr. Comstock discussed the effect of private deed restrictions relative to this zoning request and the land use designation and density of less than two units per acre recommended by the Vision203O Land Use Plan. February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 2 of 3 Commissioner Narayana and Mr. Comstock discussed the supermajority vote requirements for approval of a zoning change when written opposition meets the standards provided in state law. He stated the supermajority vote applies to City Council and not the Commission. Chair Welborn and Ms. Barton discussed whether a site plan or concept plan had been prepared for development of the two lots and the various lot widths in the subdivision. Ms. Barton stated a concept plan has not been prepared at this time. Alternate Luppy and Ms. Barton discussed the timeline when other lots were platted lots in the subdivision. Alternate Luppy and Mack Garvin, 6908 Little Ranch Road, North Richland Hills, Texas, discussed when certain lots were platted in the 1960s and in 1977. Commissioner Goetz stated the rezoning is not appropriate for this particular property. Alternate Luppy stated the zoning change is not appropriate for the area. Commissioner Narayana discussed the purpose for land use plan to balance the needs of the community for housing and density. Chair Welborn referenced the strategic plan committee discussions about the residential estate designation. Alternate Luppy discussed the strategic plan reference on community character. A MOTION WAS MADE BY COMMISSIONER GOETZ, SECONDED BY ALTERNATE LUPPY TO DENY ZC23-0089. MOTION TO DENY CARRIED 4-2, WITH CHAIR WELBORN AND COMMISSIONER NARAYANA VOTING AGAINST. February 15, 2024 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: March 4, 2024 SUBJECT: PLAT24-0058 Consideration of a request from Barton Surveying and Laser Scanning LLC for a replat of Lots 7R1 and 7R2, Block 1, Morgan Meadows Addition, being 1.836 acres located at 6809 Little Ranch Road. PRESENTER: Clayton Comstock, Director of Planning SUMMARY: On behalf of Breakfall Home Solutions LLC, Barton Surveying and Laser Scanning LLC is requesting approval of a replat of Lots 7R1 and 7R2, Block 1, Morgan Meadows Addition. This 1.836-acre property is located at 6809 Little Ranch Road. GENERAL DESCRIPTION: The property under consideration is a 1.836-acre site located on the west side of Little Ranch Road between North Forty Road and Hightower Drive. The site is developed with a single-family residence and accessory building. The proposed replat is intended to create two single-family residential lots for the purpose of constructing a single-family residence. The site has 200 feet of frontage on Little Ranch Road and is 399.8 feet deep. The property is currently zoned RE-1 (Residential Estate); and the applicant has requested a zoning change to RE-2 (Residential Estate) on a 0.551-acre portion of the property that coincides with proposed Lot 7R1 . Lot 7R2, which is the remaining 1.285 acres of the property, is intended to retain the existing RE-1 (Residential Estate) zoning designation. The zoning application is an associated item on the March 4, 2024, agenda (see ZC23-0089). The table below summarizes the lot standards for the proposed lots and proposed RE-2 (Residential Estate) zoning district. RE-2 STANDARD LOT 7RI RE-ISTANDARD LOT 7R2 Lot size: 20,000 SF 24,001 SF Lot size: One(1)acre 55,961 SF Lot width:85 feet 100 feet Lot width:85 feet 100 feet Lot depth: 120 feet 240 feet Lot depth: 120 feet 399.8 feet Front building line: 25 feet 35 feet Front building line: 25 feet 35 feet "K NOKTH KICHLAND HILLS COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as Residential Estate. This designation promotes neighborhoods defined by larger single-family lots and homes at a density less than two (2) units per acre. These neighborhoods are characterized by large lots, rural street design, estate-style fencing, barns, and livestock. These properties address a specific market niche and add to the diverse mix of housing and lot options for the community. CURRENT ZONING: The property is currently zoned RE-1 (Residential Estate). This district was formerly named R-1-S (Special Single-Family) and is intended to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of one unit per acre in a quasi-rural setting. The RE-1 district is specifically planned to allow for the keeping of livestock in a residential setting. The applicant has requested a zoning change to RE-2 (Residential Estate) on a portion of the property, which is an associated item on the March 4, 2024, agenda (see ZC23- 0089). This district is intended to provide areas for very low density development of single- family detached dwelling units which are constructed at an approximate density of less than two units per acre. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way is not required on the plat. ME =10i 1,10! ® < an Little Ranch Road Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH RE-1(Residential Estate) Residential Estate Single-family residences WEST AG(Agricultural) Low Density Residential Single-family residences SOUTH RE-1(Residential Estate) Residential Estate Single-family residences EAST RE-1(Residential Estate) Residential Estate Single-family residences PLAT STATUS: The property is platted as Lot 7, Block 1, Morgan Meadows Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the February 15, 2024, meeting and voted 5-1 to disapprove the plat subject to action on the zoning application (Commissioner Narayana voting against). "K NOKTH KICHLAND HILLS DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which has met all subdivision ordinance criteria. Plat approval would be subject to approval of the requested zoning change, since Lot 7R1 would not meet the requisite one-acre lot size. RECOMMENDATION: Approve PLAT24-0058 subject to action on the zoning change application. ............ KING RANCH ..................... .. ......... .... ... �-HEWITT w .................. z x ..,. ....0 Z - Y 0 LU Q W w,,,,,,, ..........FOUR SIXES RANCH .... � o -< Q o - w x z ...... .. .............. .. z 30 x FLYING W w ... ..............H-RANCH ..... o; ......... - , .............. x �.. ............... .............. ........................... f ........ -T ------------------------"-- NORTH FORTY 0 3 ,--, SWENSON RANCH x .... CHIMNEY ............... ............... Q ....... DISCLAIMER:This product is for informational purposes and may not IV have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 100 200 400 600 800 only the approximate relative location of property boundaries. rr Jar! r � `< • � v rr SS I m mr„ e v I I q (r DISCLAIMER:This product is for informational purposes and may not N have been prepared for or be suitable for legal,engineering,or surveying n Feet purposes.It does not represent an on-the-ground survey and represents N 0 100 200 400 600 800 only the approximate relative location of property boundaries. 3.. -�,„=, OWNER'S ACKNOWLEDGMENT AND DEDICATION U -LEGEND- STATE OF TEXAS CD U NTYDFTARRANT§ P� NORTH _ _ THER.LET—T -- - RICHLANDIFLANDLLBELD'IE m .. AN AFNF C N _ O TO - 1 Io LANE 11 A. A. s .. 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HII DA i�so.ET —NE,B Nn HAND ANE ZEAL OF OFF CE IN THE DAY IF zoz. zoNEAE LL zDNEX NDTARvcuELID,BTATE OF TEXAI NaTARY NANE(PRINTED) K.,„ ..I �---------suTle,v�„r�,ae�a,,.�.��BT.�— —� E��»... ,,., b""'---aur .v-L.ue,a- 59.14'N399.80'-- I.neoM oN ExaIREs. u vRrrn---- .ur 1 I 3m CFIRERTIFICATION: rYTLT li FI E raN�KK s II wAlNE.AFT N.EPLSNa.alas LATE-- EN„s.TA,TEo R s.TE-B A FINAL PLAT OF ,YBIa,E °'""ENDAFFR A IFTHIBFLATE HE F FDRFLINDDFRE DRa—TaaEERrz ETHIs LOTS 7R1 AND 7R2, BLOCK 1 DR, ITYDFNDRTHRI HLANaHILLs MORGAN MEADOWS ADDITION RNAN,PLANNINDANDEaNIN BDM1wIIEEIaN n�EaIT aNTaTHE ITY aFNaRTHRI HLANaHILLSTaRRANT.auNTYTEzas OWNER` ATTBAT.III—A.B ARv 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 FEBRUARY 15, 2024 D.1 PLAT24-0058 CONSIDERATION OF A REQUEST FROM BARTON SURVEYING AND LASER SCANNING LLC FOR A REPLAT OF LOTS 7R1 AND 7R2, BLOCK 1, MORGAN MEADOWS ADDITION, BEING 1.836 ACRES LOCATED AT 6809 LITTLE RANCH ROAD. DISAPPROVED Item C.1 was presented in conjunction with item D.1. A MOTION WAS MADE BY COMMISSIONER GOETZ, SECONDED BY COMMISSIONER, EX-OFFICIO LUPPY TO APPROVED. DENY PLAT24-0058 SUBJECT TO ACTION ON THE ZONING CHANGE APPLICATION. MOTION TO APPROVE CARRIED 7-0. February 15, 2024 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: March 4, 2024 Subject: Consider a change order for the Walker Branch Channel Repair Project (DR1701) in the amount of$57,100. Presenter: Caroline Waggoner, Assistant City Manager Summary: City Council is being asked to approve a change order to the Walker Branch Channel Repair construction project. General Description: The Walker Branch Channel Repair Project (the "Project") involves the reconstruction of approximately 400 feet of gabions along the west bank of the channel located south of Harwood Road. Construction began in October 2023 with an original anticipated completion in April 2024. During the course of construction, it has become clear that a portion of the east bank around a concrete headwall also needs attention. There are considerable savings realized if the work is added to the current project scope rather than establishing a separate project. The proposed change order includes $90,200 to restore lost bank material and reconstruct a large headwall, but is offset by $33,100 in original contract items that are no longer needed, resulting in a net increase of $57,100. Approval of this change order will add 30 days to the original contract time, and the funding would be supplied from savings found in other drainage projects. Original Contract Amount: $807,750.00 Change Order: $ 57,100.00 Revised Contract Amount: $864,850.00 Recommendation: Approve a change order for the Walker Branch Channel Repair Project (DR1701) in the amount of$57,100. WALKER BRANCH CHANNEL REPAIR PROJECT DR1701 i i r �' r /1 f, '��'�/ '� / or'//ii/�r/��N(//�j /ii of ,r/ ,��/�i/� �ia�/�;% � r /%✓��� ' rr r 7 WALKER BRANCH CHANNEL '"� REPAIR LOCATIONS , .ii+ uuuuuuuuu a; Sri ��` ���� Change or Extra Work Order No. 2 City of North Richland Hills 4301 City Point Drive North Richland Hills, TX 76180 PROJECT: Walker Branch Channel Repair CONTRACTOR: TREG Erosion Control Specialists ADDRESS: PO Box 101567 Fort Worth,Texas 76185 You are directed to make the following changes in the Contract Documents: Description: •Add CO-02A,CO-0213,CO-02C,CO-02D,and CO-02E for additional funding. •Utilize Misc.Contingency Items. Justification for Change Order: 1. Necessity for change: This CO is necessary to utilize contingency funds and additional funds for tree removal,select fill,and headwall reconstruction. 2. Is proposed change an alternate bid? Yes No X N/A 3. Will proposed change alter the physical size of the project? Yes No X N/A If"Yes",explain: 4. Effect of this change on other prime contractors: N/A X 5. Has consent of surety been obtained: Yes No N/A X 6. Will this change affect expiration or extent of insurance coverage? Yes No X N/A 7. What effects will the work have to operation and maintenance costs: N/A X CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME: Original Contract Price: $ 807,750.00 Original Contract Time: 180 Days Previous Change Orders Total Amount: Net Change from Previous Change Orders: Days Contract Price Prior to this Change Order: $ 807,750.00 Contract Time Prior to this Change Order: 180 Days Net Increase/Decrease of this Change Order: $ 57,100.00 Net Increase/Decrease of this Change Order: 30 Days Contract Price with all approved Change Orders: $ 864,850.00 Contract Time with all approved Change Orders: 210 Days Cumulative%Change in Contract Price: 7.07% ,41^^ off Recommended by: ^ V,.^' C)a1e:02/16/2024 Date:2/6/2024 Nat an Frohman City Engineer City of North Richland Hills Approved by: Date: Accepted by Contractor:TREG Er ion Control Specialists Signature: Date: 2.20.24 By: Tiffany Rawls (Printed Name) Title: President Change or Extra Work Order No. 2 City of North Richland Hills 4301 City Point Drive North Richland Hills, TX 76180 PROJECT: Walker Branch Channel Repair CONTRACTOR: TREG Erosion Control Specialists ADDRESS: PO Box 101567 Fort Worth,Texas 76185 Item Description Approx. Item Decrease Increase No. of Item Net Quantity Cost in Contract in Contract 1 2 3 4 5 6 CONTINGENCY ITEMS 15 MISCELLANEOUS DRAINAGE CONTINGENCY -1 $15,000.00 $ 15,000.00 $ 16 MISCELLANEOUS LANDSCAPING/FENCING CONTINGENCY -0.61 $10,000.00 $ 6,100.00 $ 17 MISCELLANEOUS UTILITY CONTINGENCY -1 $ 5,000.00 $ 5,000.00 $ CO-02A TREE REMOVAL 8 $ 1,300.00 $ $ 10,400.00 CO-02B SELECT FILL 1 400 $ 125.00 $ $ 50,000.00 CO-02C CONCRETE STRUCTURE 1 $21,600.00 $ $ 21,600.00 CO-02D OH&P 1 1 $ 8,200.00 $ $ 8,200.00 CO-02E ADDITIONAL CONTINGENCY $ $ $ $ CONTINGENCY ITEMS $ $ 7 EXCAVATION AROUND SEWER FOR MODIFIED FLOWABLE BACKFILL -20 $ 350.00 $ 7,000.00 $ **MISCELLANEOUS DRAINAGE CONTINGENCY BALANCE: $ - **MISCELLANEOUS LANDSCAPING/FENCING CONTINGENCY BALANCE: $ - **MISCELLANEOUS UTILITY CONTINGENCY BALANCE: $ - Total Increase in Contract Amount $ 90,200.00 Total Decrease in Contract Amount $ (33,100.00) Difference Between Column(5)and Column(6) $ 57,100.00 Net Increase or Decrease in Contract Amount $ 57,100.00 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 4, 2024 SUBJECT: Consider Resolution No. 2024-017, authorizing submission of the application and acceptance of allocated funds if awarded for the Texas Governor's Office Homeland Security Division FY2025 North Texas Anti-Gang Center, Grant #2848910. PRESENTER: Mike Young, Chief of Police SUMMARY: The City is currently the fiduciary agent for a grant to fund the North Texas Anti-Gang Center (TAG Center). The North Richland Hills Police Department, in cooperation with law enforcement agencies across the area, supports the TAG Center in its mission to combat gang violence through the coordination of gang prevention, intervention, and suppression activities. State grant funding is available through the Governor's Office to continue this project and the funds must be disbursed to a governmental entity. The Governor's Office has contacted the City of North Richland Hills to continue as the fiduciary and sponsoring agency for the grant. GENERAL DESCRIPTION: The investigative units participating in the TAG Center are the Texas DPS Investigative Unit, the U.S. Homeland Security Investigators Gang Squad, the ATF's Violent Crime Squad and Intelligence Unit, and the FBI's Gang Unit, as well as local municipal and county agencies. The Governor's Office contacted the City of North Richland Hills to serve as the fiduciary and sponsoring agency for this grant. This grant application is a continuation of the program to cover the TAG Center's annual operations budget for FY 2024/2025. As grantee, the City will coordinate and manage the grant, to include payment and reimbursement of expenditures generated by the TAG Center and its contracted on-site project manager and staff. For fiduciary services, assuming 100% of the grant is approved and expended, the City will receive a maximum amount of $87,060.40 representing reimbursement of administrative costs for time and resources dedicated to the grant and a maximum amount of $29,248.90 representing $10% of eligible modified total direct costs in the FY2025 grant application. To continue the program through August 2025, an operating budget of $2,663,515.26 is projected. The total grant application is $2,779,824.56. The specified goals, objectives, targets and final budget for the project are being developed and will be completed before the March 14, 2024 grant submission deadline. IrLp NOKTH KICHLAN HILLS RECOMMENDATION: Approve Resolution No. 2024-017, authorizing submission of the application and acceptance of allocated funds if awarded for the Texas Governor's Office Homeland Security Division FY2025 North Texas Anti-Gang Center, Grant #2848910. RESOLUTION NO. 2024-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS TO AUTHORIZE THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE TEXAS GOVERNOR'S HOMELAND SECURITY DIVISION FY2025 NORTH TEXAS ANTI-GANG CENTER, GRANT#2848910 SERVING AS THE FIDUCIARY AND SPONSORING AGENCY. WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply and make appointments for the conduct of business relative to the Governor's Office Homeland Security Division (HSD) FY2025 North Texas Anti-Gang Center, Grant #2848910; and WHEREAS, The law enforcement agencies in the North Texas region desire to continue the North Texas Anti-Gang Center in its mission to combat gang violence in the Metroplex and surrounding areas through the coordination of gang prevention, intervention, and suppression activities; and WHEREAS, The City of North Richland Hills, as grantee, will coordinate and manage the grant, to include payment and reimbursement of expenditures necessary to continue the multi-agency North Texas Anti-Gang Center in operational status, and will receive reimbursement for administrative costs for time and resources dedicated to the grant and a maximum 10% of eligible modified total direct costs in the FY2025 grant application; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Program and to serve as a fiduciary and sponsoring agency for the grant. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council of the City of North Richland Hills hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council of the City of North Richland Hills hereby authorizes and approves the submission of the application and acceptance if awarded for the Texas Governor's HSD FY2025 North Texas Anti-Gang Center Program Grant#2848910. SECTION 3. The City Council of the City of North Richland Hills designates Chief of Police Mike Young as the grantee's authorized official, with the power to Resolution No. 2024-017 Page 1 of 2 apply for, accept, reject, alter or terminate the funding request on behalf of the applicant agency. SECTION 4. The City Council of North Richland Hills agrees that the loss or misuse of HSD funds or failure to comply with all HSD award requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. SECTION 5. That 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 4t" day of March, 2024. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Cara Leahy White, Interim City Attorney APPROVED AS TO CONTENT: Mike Young, Chief of Police Resolution No. 2024-017 Page 2 of 2 "I r*4 R NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 4, 2024 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements Stop by the NRH Library between 6 and 7 p.m. on Tuesday, March 5, for a mariachi performance. This free event is part of the Celebrating Culture series. Visit the Library's website for more details. Join us at the NRH Centre on Thursday, March 14 for a retirement reception honoring City Manager Mark Hindman and his 14 years of service to our community. The reception will take place from 3 to 5 p.m. The Mid-Cities Teen Book Fest will be held from 10 a.m. to 4 p.m. on Saturday, March 23 at the NRH Library. Participants will have the opportunity to hear from several best- selling young adult authors. Admission is free. Visit the Library's website for more details. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: NRH Library Staff — We received several compliments about last week's Behind the Book event with author CJ Box. One person posted: "Thanks for organizing this! It was a great event!" Another said, "It was awesome." A big thank you to the Library staff for providing educational, fun, and engaging events for the community.