HomeMy WebLinkAboutCC 2025-03-03 Agendas
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 3, 2025
SUBJECT: Discuss items from regular City Council meeting.
PRESENTER: Paulette Hartman, 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 MEMORANDUM
FROM: The Office of the City Manager DATE: March 3, 2025
SUBJECT: Update on Single Family Rental Inspections Program and Short
Term Rental Ordinance
PRESENTER: Stefanie Martinez, Managing Director of Community Development
GENERAL DESCRIPTION:
Staff will update Council on the current status of the Single Family Rental Inspections
Program, as well as next steps for both that program and Short Term Rentals.
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 3, 2025
SUBJECT: Authorize the City Manager to execute a three year agreement with
to provide beaded ice cream for resale at
NRHO Family Water Park in an amount not to exceed $80,000
2
annually.
PRESENTER: Frank Perez, NRHO General Manager
2
SUMMARY:
City Council is being asked to approve a three year beaded ice cream agreement and
.L.C. HO Family Water Park.
2
primary and exclusive beaded ice cream for resale at NRHO
2
Family Water Park.
GENERAL DESCRIPTION:
has a long
standing history of providing reliable service and quality products to NRHO.
2
a total of $9,360 in sponsorship in the form of product
credit for NRHO over the three years of the agreement. These funds may be
2
allocated for special events or other purposes.
they will provide all maintenance for vending equipment.
O. Such items are
2
banners. The estimated value of this signage package is $2,000.
Payments for utilization of this multi-year contract may be authorized annually during the
budget process for the corresponding renewal terms provided funds have been budgeted
for each remaining year of the contract, and the terms and conditions of the contract have
not changed. Those payments will not require additional City Council approval.
While NRHO Family Water Park is owned and operated by the city, the park is primarily
2
funded through revenue generated by the park.
RECOMMENDATION:
to provide beaded ice cream for resale at NRHO Family Water Park in an amount not to
2
exceed $80,000 annually.
GOVERNMENT CONTRACT AND PURCHASING RIDER
FOR CONTRACTS WITH THE CITY OF NORTH RICHLAND HILLS, TEXAS
By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the
Contractor, Consultant, Vendor, or other party identified below (collectively “Contractor”), agrees that the terms and conditions herein shall govern all
agreements with the City unless otherwise agreed to by a specifically executed provision within the contract or purchase order, provided same is
permissible by law. The terms are conditions herein are BINDING and SUPERSEDE any and all other terms and conditions whether oral or written in
any separate agreement or found on Contractor’s website or other electronic platform.
APPLICATION. This GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY OF NORTH RICHLAND HILLS,
TEXAS (“Government Rider”) applies to, is considered a part of, is incorporated into, and takes precedence over any conflicting provision in, or attached
to, the Response to Solicitation or Bid, Contract or Purchase Order, Agreement for Purchase or Sale, Standard Terms and Conditions, Quote, Invoice, or
other applicable agreement of the Contractor (collectively the “Agreement”), to which this Government Rider is attached and described as follows:
Title of Agreement with Additional Terms:
Legal Name of Cooperative Contractor:
Legal Name of Third-Party Contractor (if applicable) (if not applicable enter N/A):
Description of Goods or Services (“Goods or Services”):
Cooperative Agreement:
Total Contract Price:
Notwithstanding any language to the contrary in the attached Agreement between Contractor and the City of North Richland Hills (“City”), individually
referred to as a “party” and collectively referred to as the “parties,” the parties stipulate by evidence of execution of this Government Rider below by a
representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Government Rider
below shall be applicable to and shall modify and supersede the Agreement as set forth below:
SECTION 1. TIME FOR PAYMENT AND INTEREST. The City’s payments under the Agreement, including the time of payment and the payment of
interest on overdue amounts, are subject to Chapter 2251 of the Texas Government Code. Payment shall be due within thirty (30) days of (i) the date of
the City’s receipt of the goods under the Agreement; (ii) the date the performance of the services under the Agreement are completed; or (iii) the date
the City receives an invoice for the goods or services, whichever is later. Interest on any overdue payment shall not exceed 1% plus the prime rate as
published by the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday. The City reserves the
right to modify any amount due to the Contractor presented by invoice to the City if necessary to conform the amount to the terms of the Contract, the
Texas Government Code or this Government Rider. To the extent the Agreement requires the City to agree to a higher rate of interest than allowed by
law, or to incur penalties or late fees prior to 30 days before receipt of invoice or services, any such requirements shall be null and void, are hereby
deleted from the Agreement and shall have no force or effect.
SECTION 2. INDEMNIFICATION; LIABILITY; NO FUTURE DEBT.
2.1 Multiyear Contracts. If the NRH City Council does not appropriate funds sufficient to make any payment for a fiscal year after the City’s fiscal year in
which the Agreement becomes effective, and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the
Agreement shall automatically terminate at the end of the fiscal year for which funds were appropriated, in accordance with Section 5, Article XI of the
Texas Constitution. The City shall have the right to terminate the Agreement at the end of any City fiscal year, without any penalty to the City, if the City
Council does not appropriate sufficient funds to continue the Agreement to the next fiscal year. The City shall provide Contractor with as much
advance written notice of such termination as is reasonably possible, but not less than thirty (30) days.
2.2 No Future Debt. In compliance with Section 5, Article XI of the Texas Constitution, all payment obligations of the City hereunder are subject to the
availability of funds. If such funds are not appropriated or become unavailable during the Term of the Agreement, or in any renewal year of the
Agreement, the City shall have the right to terminate the Agreement, except for those portions of funds which have been appropriated prior to
termination. To the extent the Agreement requires the City to agree to the creation of future debt for which funds are not appropriated, any
such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.
Government Contract and Purchasing Rider CA-CONTRACT NO. PUR0006-20220107 – Rev 3/7/2022
For Contracts with the City of North Richland Hills,
TX Vendor Name:
Page 1 of 3
EITHER PARTY BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES UNDER THE AGREEMENT. THIS PROVISION SHALL
SUPERSEDE ANY OTHER PROVISION OF CONTRACTOR IN ANY SEPARATE AGREEMENT, TERMS AND CONDITIONS, QUOTE OR INVOICE.
SECTION 3. TERMINATION. Notwithstanding Section 2 above, and unless otherwise specifically agreed to by the parties, either party may terminate
this Agreement by providing thirty (30) days prior written notice of such termination to the other party. Termination pursuant to this Section shall not
relieve the Contractor of any obligation or liability that has accrued prior to cancellation. City shall pay Contractor for any services performed up to the
effective date of such termination. This Agreement is subject to termination, without penalty, at any time the City deems the Contractor to be
non-compliant with contractual obligations. Unless otherwise specifically agreed to by the parties in writing, to the extent the Agreement requires the
City to (i) agree to a shorter termination period than thirty (30) days; (ii) agree to automatic renewals not included as a part of the “Term of the
Agreement” listed above in this Government Rider; or (iii) incur a termination penalty, any such requirement shall be null and void, is hereby deleted from
the Agreement and shall have no force or effect.
SECTION 4. INSURANCE. The City is a Government entity under the laws of the state of Texas, and pursuant to Chapter 2259 of the Texas
Government Code, “Self-Insurance by Government Units,” the City is self-insured and therefore is not required to purchase insurance. The City shall not
be required to purchase an insurance policy under this Agreement. Any such requirement in the Agreement shall be null and void, is hereby deleted from
the Agreement and shall have no force or effect. The City will provide a letter of self-insured status as requested by Contractor.
SECTION 5. CONFIDENTIALITY. The City is a Government entity under the laws of the State of Texas and all documents or information held or
maintained by the City are subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code (the “Act”). To the
extent any provision in the Agreement attempts to prevent the disclosure of information that is subject to public disclosure under federal or Texas law,
including any provision that prohibits disclosure of the terms and conditions of the Agreement, such provision is invalid. Any such requirement in the
Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.
SECTION 6. TAX EXEMPTION. The City shall not be liable to Contractor for any federal, state or local taxes for which the City is not liable by law,
including state and local sales and use taxes, pursuant to Section 151.309 of Title 3, Texas Tax Code, and federal excise tax, pursuant to Subtitle D of
the Internal Revenue Code. Accordingly, those taxes shall not be added to any goods or services under the Agreement. The City shall furnish a copy of
the applicable tax exemption certificate upon request from Contractor. If the City is billed for any taxes not in compliance with this Section 6, the City
shall be authorized to remit payment less the taxes imposed.
SECTION 7. GOVERNING LAW AND VENUE. This Agreement and the rights and obligations of the parties hereto shall be governed by, and construed
in accordance with the laws of the United States and the state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under this
Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent this Agreement is required to be governed by any state
law other than Texas or venue in any jurisdiction other than Tarrant County, any such requirement in the Agreement shall be null and void, is hereby
deleted from the Agreement and shall have no force or effect.
SECTION 8. ATTORNEYS’ FEES; PENALTIES; LIQUIDATED DAMAGES: The City shall only be liable for attorneys’ fees for breach of this Agreement
to the extent such attorneys’ fees are reasonable and necessary and equitable and just as authorized by Section 271.153 of the Texas Local
Government Code. To the extent the attached Agreement requires the City to pay attorneys’ fees for any action contemplated or taken, or to incur
penalties or liquidated damages in any amount not authorized by Section 271.153, any such requirement shall be null and void, is hereby deleted from
the Agreement and shall have no force or effect.
SECTION 9. SOVEREIGN IMMUNITY. Nothing in the Agreement, or herein in this Government Rider, constitutes a waiver of the City’s sovereign
immunity. To the extent the Agreement requires the City to waive its rights or immunities as a government entity, any such requirement shall be null and
void, is hereby deleted from the Agreement and shall have no force or effect.
SECTION 10. ASSIGNMENT. To the extent the Agreement addresses the right to assign any rights or interest in the Agreement to another party, such
right of assignment shall be reciprocal, and neither party shall have the right to assign or transfer any of its rights or interests in the Agreement without
the express prior written consent of the other party. Notwithstanding, the Contractor shall have the right to assign the Agreement to any entity in which it
is a recognized legal affiliate or subsidiary or which such entity obtains a majority interest without the consent of the City; however, Contractor shall give
the City at least thirty (30) days’ written notice of any such assignment or transfer of interest.
SECTION 11. RIGHT TO TRIAL BY JURY. The City reserves its right to settle disputes by trial by jury. Any such provision in the Agreement that
requires the City to waive its right to a trial by jury shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.
SECTION 12. ALTERNATIVE DISPUTE RESOLUTION. To the extent the Agreement requires all disputes to be resolved by binding arbitration, any
such provision shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. Prior to instituting litigation under the
Agreement, the parties may agree to mediation upon written mutual consent. Any such mediation shall be governed by the applicable rules of the
American Arbitration Association, with mediation being held in Tarrant County, Texas. Each party shall share equally in the costs of the mediator, and
shall be responsible for its own attorney’s fees and expenses.
SECTION 13. LIMITATION ON CLAIMS. Any claim for breach of this Agreement shall be brought within four (4) years in accordance with Texas Civil
Practices and Remedies Code Sec. 16.004 and Texas Business and Commerce Code Sec. 2.725. To the extent the Agreement requires a shorter
period for limitation on claims, any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.
SECTION 14. FORCE MAJEURE. Either party may terminate this Agreement and shall not be liable for any alleged damages or loss due to failure to perform
its obligations under this Agreement if the performance is delayed or canceled by reason of a Force Majeure event, including but not limited to, war; civil
commotion; acts of God; inclement weather; Government restrictions, regulations, or interferences; fires; labor strikes; material shortages; lockouts,
national disasters; epidemics; pandemics; riots; transportation restrictions; or any other circumstances which are reasonably beyond the control of the
party.
Government Contract and Purchasing Rider
CA-CONTRACT NO. PUR0006-20220107 – Rev 3/7/2022
For Contracts with the City of North Richland Hills,
TX Vendor Name:
Page 2 of 3
SECTION 15. RIGHT TO AUDIT. The City shall, until the expiration of three (3) years after final payment under the Agreement, have the right to access and
the right to examine and photocopy any directly pertinent books, documents, papers and records, whether electronic or hardcopy (collectively “Records”) of
Contractor involving transactions under this Agreement to ensure compliance herewith. The City shall have the right to access Contractor’s Records during
normal working hours and shall provide Contractor with reasonable advance notice of intended audits, but not less than ten (10) business days.
SECTION 16. SUCCESSORS AND ASSIGNS. The parties each bind themselves and their successors, executors, administrators and assigns to this
Agreement and to all covenants of this Agreement hereafter.
SECTION 17. CITY’S LOGO OR MARKS. The City’s logo is protected by applicable federal and state copyright and trademark laws. Contractor may not use
the City’s name in a demeaning, obscene or detrimental manner as determined by the City in its sole discretion, and Contractor shall not use the City’s logo in
any manner, except as specifically approved by the City in writing.
SECTION 18. RIDER CONTROLLING: If any provisions of the attached Agreement, conflict with the terms herein of this Government Rider, are
prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of the City, the terms in this Government Rider shall control.
By signature below of an authorized representative, the parties hereby accept and agree to the terms and conditions set forth in this Government Rider.
CITY OF NORTH RICHLAND HILLS:
By: By:
City Manager
TufwfIfjtofs-WjdfQsftjefou
Date:_____________________________________
209036
Date:_____________________________
ATTEST:
By: _____________________________________
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
By:
City Attorney
Government Contract and Purchasing Rider
CA-CONTRACT NO. PUR0006-20220107 – Rev 3/7/2022
For Contracts with the City of North Richland Hills,
TX Vendor Name:
Page 3 of 3
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 3, 2025
SUBJECT: Authorize purchase of playground equipment for Legacy Park and
Kay Granger Park from T.F. Harper & Associates, LP in the amount
of $284,809.08, TIPS Contract #240702.
PRESENTER: Adrien Pekurney, Director of Parks and Recreation
SUMMARY:
This item is for the purchase of new playground equipment, drainage, and fall safety
surfacing at Kay Granger Park and Legacy Park. This parks capital project (PK2508) was
approved and adopted in the FY2024/2025 budget. This item will be purchased through
the Interlocal Purchasing System (TIPS) contract #240702 and funded through park fund
sales tax reserves.
GENERAL DESCRIPTION:
This project identified the replacement of the existing playground equipment at Kay
Granger and Legacy Parks. These playgrounds were built and installed by the city in
2003, and the equipment has surpassed its life expectancy. While park staff have made
various component replacements over the years to extend the life of the playgrounds, a
complete replacement is now necessary to ensure that playground safety standards are
consistently met and parts remain available. As outlined in the 2007 Parks, Recreation,
and Open Space Master Plan, integrated shade elements will be added to the structures
to facilitate use during all seasons.
Kay Granger and Legacy Parks are neighborhood parks located within BISD elementary
campus properties. These shared use sites provide neighborhood park amenities
throughout the year during non-school hours, weekends and holidays. This shared use
partnership with BISD, established in the early 2000s, has been positive for residents
near these schools to be within walking distance of park services. Kay Granger and
Legacy Parks are located adjacent to Mullendore Elementary and Snow Heights
Elementary, staff consulted with BISD staff to determine what playground features they
would like to include or exclude from the new playgrounds. Timing of replacement for
Kay Granger Park is in line with the completion and reopening of Mullendore Elementary
School in August 2025 as well as completing both playground location installations during
the upcoming summer months.
Staff has received a quote of $284,809.08 from T.F. Harper & Associates, LP. This quote
covers the fabrication, delivery, and installation of the new playground equipment, as well
as drainage and fall surfacing materials for both sites. After reviewing T.F. Harper &
Associates, LP portfolio, product line availability, and product reviews, staff are confident
that T.F. Harper & Associates, LP are qualified to complete the project and deliver a long-
lasting, high-quality commercial product with ample maintenance and product warranty
support.
RECOMMENDATION:
Authorize purchase of new playground equipment, drainage, and fall safety surfacing at
Kay Granger Park and Legacy Park from T.F. Harper & Associates, LP in the amount of
$284,809.08, TIPS Contract #240702.
CITY OFNORTH RICHLAND HILLS
LEGACY & KEY GRANGER PARK RENO
Michael Wilson
6800 Springdale Ln North Richland Hills, TX 76180
4100 Flory St. North Richland Hills, TX 76180
02/06/2025
1685 S FM 1626 Buda, TX 78610
4402 Rowlett Rd Rowlett, TX 75088
ATX (512) 440--9297
T.F. Harper & Associates, LP dba Harper Smith & Associates
Founded in 1972
1685 S FM 1626 Buda, TX 78610
(512) 440-0707
4402 Rowlett Rd Rowlett, TX 75088
(469) 543-9297
Ariel SmithKerry Urbanowicz
President / OwnerVP –Construction
asmith@tfharper.com kurbanowicz@tfharper.com
needs while keeping a project moving forward. Whateveryour construction or outdoor recreational need,
Our goal
with the clients, architects, engineers, subcontractors, and our team through detailed management and
ering high quality products checked to meet
standards and your wants.
Our mission is to continue and
Thank you for the opportunity to work together!
1685 S FM 1626 Buda, TX 78610
QUOTES
4402 Rowlett Rd. Rowlett, TX 75088
To: North Richlad Hills QUOTE #: 02062025-JG-100
Attn: Micheal WilsonDATE:February 6, 2025
Address:4301 City Point Dr North Richland Hills, TX 76180 1 GPA 14-06DP-10 / TIPS 24070202
6800 Springdale Ln North Richland Hills, TX 76180 &
Install Site:
4100 Flory St. North Richland Hills, TX 76180
Phone: (682) 240-1621Legacy & Kay Granger Park Renovations
Email:mwilson@nrhtx.com
QTYDESCRIPTION OF EQUIPMENTUNIT COSTTOTAL COST
LEGACY PARK
1RDU GameTime - 172824-01-03 PT24067 Double agent w/ Shade Unit 5-12$ 71,533.00 $ 71,533.00
1RDU GameTime - 172824-01-04 PT24044 Fontana w/Shade Unit 2-5$ 29,425.00 $ 29,425.00
1Install: Mobilization, New Footers, Assembly, and Installation of GameTime Equipement$ 45,431.10 $ 45,431.10
2Truckloads of EWF / Kiddie Cushion / Playground Mulch$ 1,869.00$ 3,738.00
1Install: Offload and evenly spread the mulch throuout the specified area$ 1,482.00$ 1,482.00
1Allowance for Drainage Work$ 3,000.00$ 3,000.00
1Underground Utilities Survey *OPTIONAL$ 1,500.00
KAY GRANGER PARK
1RDU GameTime - PT24067 - Double Agent With Shade$ 71,533.00 $ 71,533.00
1Install: Mobilization, New Footers, Assembly, and Installation of GameTime Equipement$ 32,189.85 $ 32,189.85
2Truckloads of EWF / Kiddie Cushion / Playground Mulch$ 1,869.00$ 3,738.00
1Install: Offload and evenly spread the mulch throuout the specified area$ 1,482.00$ 1,482.00
1Allowance for Drainage Work$ 3,000.00$ 3,000.00
1Underground Utilities Survey *OPTIONAL$ 1,500.00
1T.F. Harper Discount$ (5,331.04)$ (5,331.04)
Bottom Line Pricing does not include the *Optional Line items listed above
Notes Sub-Total$ 261,220.91
Allowance for Drainage is subject to change based off work needed after assesment & cost Freight$ 23,588.17
Sales Tax EXEMPT
TOTAL$ 284,809.08
QUOTE IS VALID FOR 10 CALENDAR DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISIONFebruary 16, 2025
PRICING IS BASED ON FULL ACCESS TO INSTALL AREA BY TRUCK / BOBCAT / SKYTRAK.
NOT INCLUDED: Permits, Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill,
concrete slab, french drains, excess rock removal, landscaping).
Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/-
1-2%
max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products
(equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting
from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components
have seated and/or cured (concrete footings, etc.). By signing or issueing a PO to this quote, you are hereby agreeing to the attached Utility/ Rock Clause. If underground utilities
are
unknown and unmarked pricing is subject to an additional $1,500.00 fee or signed waiver waving financial responsibility in case any underground utilities are damaged during
installation.
Payment Terms: 50% Deposit due with signed quote or PO ($142,404.54); balance due upon completion of work and receipt of invoice.
Estimated Delivery & Installation: 14-16 weeks after receipt of signed quote, deposit and color selections.
Lead Time may vary dependent on manufacturers schedule for distribution
Commercial Play and Recreational Equipment
Legacy & Kay Granger Park Reno 02062025-JG-100
www.tfharper.com - - - - ATX (512) 440.0707 - - DFW (469) 543-9297
1685 S FM 1626 Buda, TX 78610
QUOTES
4402 Rowlett Rd. Rowlett, TX 75088
Accepted by:
Date:P.O. # (if applicable):
Thank you for giving us the opportunity to quote this equipment.
Jessica Carter
Commercial Play and Recreational Equipment
Legacy & Kay Granger Park Reno 02062025-JG-100
www.tfharper.com - - - - ATX (512) 440.0707 - - DFW (469) 543-9297
GOVERNMENT CONTRACT AND PURCHASING RIDER
FOR CONTRACTS WITH THE CITY OF NORTH RICHLAND HILLS, TEXAS
By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the
Contractor, Consultant, Vendor, or other party identified below (collectively “Contractor”), agrees that the terms and conditions herein shall govern all
agreements with the City unless otherwise agreed to by a specifically executed provision within the contract or purchase order, provided same is
permissible by law. The terms are conditions herein are BINDING and SUPERSEDE any and all other terms and conditions whether oral or written in
any separate agreement or found on Contractor’s website or other electronic platform.
APPLICATION. This GOVERNMENT CONTRACT AND PURCHASING RIDER FOR CONTRACTS WITH THE CITY OF NORTH RICHLAND HILLS,
TEXAS (“Government Rider”) applies to, is considered a part of, is incorporated into, and takes precedence over any conflicting provision in, or attached
to, the Response to Solicitation or Bid, Contract or Purchase Order, Agreement for Purchase or Sale, Standard Terms and Conditions, Quote, Invoice, or
other applicable agreement of the Contractor (collectively the “Agreement”), to which this Government Rider is attached and described as follows:
Title of Agreement with Additional Terms:
Legal Name of Cooperative Contractor:
Legal Name of Third-Party Contractor (if applicable) (if not applicable enter N/A):
Description of Goods or Services (“Goods or Services”):
Cooperative Agreement:
Total Contract Price:
Notwithstanding any language to the contrary in the attached Agreement between Contractor and the City of North Richland Hills (“City”), individually
referred to as a “party” and collectively referred to as the “parties,” the parties stipulate by evidence of execution of this Government Rider below by a
representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Government Rider
below shall be applicable to and shall modify and supersede the Agreement as set forth below:
SECTION 1. TIME FOR PAYMENT AND INTEREST. The City’s payments under the Agreement, including the time of payment and the payment of
interest on overdue amounts, are subject to Chapter 2251 of the Texas Government Code. Payment shall be due within thirty (30) days of (i) the date of
the City’s receipt of the goods under the Agreement; (ii) the date the performance of the services under the Agreement are completed; or (iii) the date
the City receives an invoice for the goods or services, whichever is later. Interest on any overdue payment shall not exceed 1% plus the prime rate as
published by the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday. The City reserves the
right to modify any amount due to the Contractor presented by invoice to the City if necessary to conform the amount to the terms of the Contract, the
Texas Government Code or this Government Rider. To the extent the Agreement requires the City to agree to a higher rate of interest than allowed by
law, or to incur penalties or late fees prior to 30 days before receipt of invoice or services, any such requirements shall be null and void, are hereby
deleted from the Agreement and shall have no force or effect.
SECTION 2. INDEMNIFICATION; LIABILITY; NO FUTURE DEBT.
2.1 Multiyear Contracts. If the NRH City Council does not appropriate funds sufficient to make any payment for a fiscal year after the City’s fiscal year in
which the Agreement becomes effective, and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the
Agreement shall automatically terminate at the end of the fiscal year for which funds were appropriated, in accordance with Section 5, Article XI of the
Texas Constitution. The City shall have the right to terminate the Agreement at the end of any City fiscal year, without any penalty to the City, if the City
Council does not appropriate sufficient funds to continue the Agreement to the next fiscal year. The City shall provide Contractor with as much
advance written notice of such termination as is reasonably possible, but not less than thirty (30) days.
2.2 No Future Debt. In compliance with Section 5, Article XI of the Texas Constitution, all payment obligations of the City hereunder are subject to the
availability of funds. If such funds are not appropriated or become unavailable during the Term of the Agreement, or in any renewal year of the
Agreement, the City shall have the right to terminate the Agreement, except for those portions of funds which have been appropriated prior to
termination. To the extent the Agreement requires the City to agree to the creation of future debt for which funds are not appropriated, any
such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.
CA-CONTRACT NO. PUR0006-20220107 – Rev 3/7/2022
Government Contract and Purchasing Rider
For Contracts with the City of North Richland Hills, TX
Vendor Name:
Page 1 of 3
EITHER PARTY BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES UNDER THE AGREEMENT. THIS PROVISION SHALL
SUPERSEDE ANY OTHER PROVISION OF CONTRACTOR IN ANY SEPARATE AGREEMENT, TERMS AND CONDITIONS, QUOTE OR INVOICE.
SECTION 3. TERMINATION. Notwithstanding Section 2 above, and unless otherwise specifically agreed to by the parties, either party may terminate
this Agreement by providing thirty (30) days prior written notice of such termination to the other party. Termination pursuant to this Section shall not
relieve the Contractor of any obligation or liability that has accrued prior to cancellation. City shall pay Contractor for any services performed up to the
effective date of such termination. This Agreement is subject to termination, without penalty, at any time the City deems the Contractor to be
non-compliant with contractual obligations. Unless otherwise specifically agreed to by the parties in writing, to the extent the Agreement requires the
City to (i) agree to a shorter termination period than thirty (30) days; (ii) agree to automatic renewals not included as a part of the “Term of the
Agreement” listed above in this Government Rider; or (iii) incur a termination penalty, any such requirement shall be null and void, is hereby deleted from
the Agreement and shall have no force or effect.
SECTION 4. INSURANCE. The City is a Government entity under the laws of the state of Texas, and pursuant to Chapter 2259 of the Texas
Government Code, “Self-Insurance by Government Units,” the City is self-insured and therefore is not required to purchase insurance. The City shall not
be required to purchase an insurance policy under this Agreement. Any such requirement in the Agreement shall be null and void, is hereby deleted from
the Agreement and shall have no force or effect. The City will provide a letter of self-insured status as requested by Contractor.
SECTION 5. CONFIDENTIALITY. The City is a Government entity under the laws of the State of Texas and all documents or information held or
maintained by the City are subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code (the “Act”). To the
extent any provision in the Agreement attempts to prevent the disclosure of information that is subject to public disclosure under federal or Texas law,
including any provision that prohibits disclosure of the terms and conditions of the Agreement, such provision is invalid. Any such requirement in the
Agreement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.
SECTION 6. TAX EXEMPTION. The City shall not be liable to Contractor for any federal, state or local taxes for which the City is not liable by law,
including state and local sales and use taxes, pursuant to Section 151.309 of Title 3, Texas Tax Code, and federal excise tax, pursuant to Subtitle D of
the Internal Revenue Code. Accordingly, those taxes shall not be added to any goods or services under the Agreement. The City shall furnish a copy of
the applicable tax exemption certificate upon request from Contractor. If the City is billed for any taxes not in compliance with this Section 6, the City
shall be authorized to remit payment less the taxes imposed.
SECTION 7. GOVERNING LAW AND VENUE. This Agreement and the rights and obligations of the parties hereto shall be governed by, and construed
in accordance with the laws of the United States and the state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under this
Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent this Agreement is required to be governed by any state
law other than Texas or venue in any jurisdiction other than Tarrant County, any such requirement in the Agreement shall be null and void, is hereby
deleted from the Agreement and shall have no force or effect.
SECTION 8. ATTORNEYS’ FEES; PENALTIES; LIQUIDATED DAMAGES: The City shall only be liable for attorneys’ fees for breach of this Agreement
to the extent such attorneys’ fees are reasonable and necessary and equitable and just as authorized by Section 271.153 of the Texas Local
Government Code. To the extent the attached Agreement requires the City to pay attorneys’ fees for any action contemplated or taken, or to incur
penalties or liquidated damages in any amount not authorized by Section 271.153, any such requirement shall be null and void, is hereby deleted from
the Agreement and shall have no force or effect.
SECTION 9. SOVEREIGN IMMUNITY. Nothing in the Agreement, or herein in this Government Rider, constitutes a waiver of the City’s sovereign
immunity. To the extent the Agreement requires the City to waive its rights or immunities as a government entity, any such requirement shall be null and
void, is hereby deleted from the Agreement and shall have no force or effect.
SECTION 10. ASSIGNMENT. To the extent the Agreement addresses the right to assign any rights or interest in the Agreement to another party, such
right of assignment shall be reciprocal, and neither party shall have the right to assign or transfer any of its rights or interests in the Agreement without
the express prior written consent of the other party. Notwithstanding, the Contractor shall have the right to assign the Agreement to any entity in which it
is a recognized legal affiliate or subsidiary or which such entity obtains a majority interest without the consent of the City; however, Contractor shall give
the City at least thirty (30) days’ written notice of any such assignment or transfer of interest.
SECTION 11. RIGHT TO TRIAL BY JURY. The City reserves its right to settle disputes by trial by jury. Any such provision in the Agreement that
requires the City to waive its right to a trial by jury shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.
SECTION 12. ALTERNATIVE DISPUTE RESOLUTION. To the extent the Agreement requires all disputes to be resolved by binding arbitration, any
such provision shall be null and void, is hereby deleted from the Agreement and shall have no force or effect. Prior to instituting litigation under the
Agreement, the parties may agree to mediation upon written mutual consent. Any such mediation shall be governed by the applicable rules of the
American Arbitration Association, with mediation being held in Tarrant County, Texas. Each party shall share equally in the costs of the mediator, and
shall be responsible for its own attorney’s fees and expenses.
SECTION 13. LIMITATION ON CLAIMS. Any claim for breach of this Agreement shall be brought within four (4) years in accordance with Texas Civil
Practices and Remedies Code Sec. 16.004 and Texas Business and Commerce Code Sec. 2.725. To the extent the Agreement requires a shorter
period for limitation on claims, any such requirement shall be null and void, is hereby deleted from the Agreement and shall have no force or effect.
SECTION 14. FORCE MAJEURE. Either party may terminate this Agreement and shall not be liable for any alleged damages or loss due to failure to perform
its obligations under this Agreement if the performance is delayed or canceled by reason of a Force Majeure event, including but not limited to, war; civil
commotion; acts of God; inclement weather; Government restrictions, regulations, or interferences; fires; labor strikes; material shortages; lockouts,
national disasters; epidemics; pandemics; riots; transportation restrictions; or any other circumstances which are reasonably beyond the control of the
party.
Government Contract and Purchasing Rider
CA-CONTRACT NO. PUR0006-20220107 – Rev 3/7/2022
For Contracts with the City of North Richland Hills, TX
Vendor Name:
Page 2 of 3
TIPS VENDOR AGREEMENT (Part 2)
TIPS RCSP 240702 Playground Equipment and Installation Services (Part 2)
The following Vendor Agreement (ÐAgreementÑ) creates a legal agreement between The Interlocal Purchasing System (ÐTIPSÑ), a
government purchasing cooperative and Department of Texas Region 8 Education Service Center and (INSERT ENTITY NAME):
T.F.Harper&Associates,LP
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
(ENTER ENTITY NAME
its owners, agents, subsidiaries, and affiliates (together, ÐVendorÑ) (individually, ÐPartyÑ, and collectively the ÐPartiesÑ) and this
agreement shall exclusively govern the contractual relationship (ÐAgreementÑ) between the Parties for Part 2 of the related solicitation
opportunity. If Vendor proposes and awarded on Part 1, a separate Part 1 Vendor Agreement shall control Part 1 terms.
TIPS, a governmental entity and a national purchasing cooperative seeks to provide a valuable and necessary solution to public entities
and qualifying non-profits by performing the public procurement solicitation process and awarding compliant contracts to qualified
vendors. Then, where the law of a customerÓs jurisdiction allows, instead of public entities and qualifying non-profits expending time,
money, and resources on the extensive public procurement process, the use of TIPS allows public entities to quickly select and purchase
their preferred products or services from qualified, competitively evaluated vendors through cooperative purchasing.
1.Purpose. The purpose of this Agreement is to identify the terms and conditions of the relationship between TIPS and Vendor. Public
entities and qualifying non-profits that properly join or utilize TIPS (ÐTIPS MembersÑ) may elect to ÐpiggybackÑ off of TIPSÓ
procurements and agreements where the laws of their jurisdiction allow. TIPS Members are not contractual parties to this Agreement
although terms and conditions of this Agreement may ensure benefits to TIPS Members.
2.Authority. The Parties agree that the signatories below are individual authorized to enter into this Agreement on behalf of their entity
and that they are acting under due and proper authority under applicable law.
3.Definitions.
a.TIPS Pricing: The specific pricing, coefficients, mark-ups, discounts, and other pricing terms and incentives which
Vendor submitted and TIPS approved for each respective TIPS Contract awarded to Vendor and all permissible,
subsequent pricing updates submitted by Vendor and accepted by TIPS, if any.
4.Entire Agreement. This Agreement resulted from TIPS posting a Part 2 ÐTIPS SolicitationÑ (RFP, RCSP, RFQ, or other) and Vendor
submitting a proposal in response to that posted TIPS Solicitation for evaluation and award. The Parties agree that this Agreement
consists of the provisions set forth herein and: (1) The Part 2 TIPS solicitation document resulting in this Agreement; (2) Any Part 2
addenda or clarifications issued in relation to the TIPS solicitation; (3) All Part 2 solicitation information provided to Vendor by TIPS
through the TIPS eBid System; (3) VendorÓs entire Part 2 proposal response to the TIPS solicitation including all accepted required
attachments, acknowledged notices and certifications, accepted negotiated terms, pricing, accepted responses to questions, and accepted
written clarifications of VendorÓs proposal, and; any properly included attachments to this Agreement. All documentation and
information listed is hereby incorporated by reference as if set forth herein verbatim. In the event of conflict between the terms herein
and one of the incorporated documents the terms and conditions herein shall control.
5.VendorÓs Specific Warranties, Terms, and License Agreements. Because TIPS serves public entities and non-profits throughout
the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not
typically accept a VendorÓs specific ÐSale TermsÑ (warranties, license agreements, master agreements, terms and conditions, etc.) on
behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms
may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the
Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS
Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a
separate agreement between Vendor and the Member in order to be effective.
6.Vendor Identity and Contact Information. It is VendorÓs sole responsibility to ensure that all identifying vendor information (name,
EIN, d/b/aÓs, etc.) and contact information is updated and current at all times within the TIPS eBid System and the TIPS Vendor Portal.
It is VendorÓs sole responsibility to confirm that all e-correspondence issued from tips-usa.com, ionwave.net, and tipsconstruction.com
to VendorÓs contacts are received and are not blocked by firewall or other technology security. Failure to permit receipt of
TIPS Vendor Agreement JOC (Part 2) Page 1
correspondence from these domains and failure to keep vendor identity and contact information current at all times during the life of
the contract may cause loss of TIPS Sales, accumulating TIPS fees, missed rebid opportunities, lapse of TIPS Contract(s), and
unnecessary collection or legal actions against Vendor. It is no defense to any of the foregoing or any breach of this Agreement that
Vendor was not receiving TIPSÓ electronic communications issued by TIPS to VendorÓs listed contacts.
7. Initiation of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether
Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verified,
Vendor must include the TIPS Contract Number on all purchase communications and sales documents exchanged with the TIPS
Member.
8. TIPS Sales and Supplemental Agreements. If awarded, when making a sale under this awarded contract, the terms of the specific
TIPS order, including but not limited to: shipping, freight, insurance, delivery, fees, bonding, cost, delivery expectations and location,
returns, refunds, terms, conditions, cancellations, defects, order assistance, etc., shall be controlled by the purchase agreement (Purchase
Order, Contract, AIA Contract, Invoice, etc.) (ÐSupplemental AgreementÑ as used herein) entered into between the TIPS Member
Customer and Vendor only. TIPS is not a party to any Supplemental Agreement. All Supplemental Agreements shall include VendorÓs
Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts and understands that TIPS is not a legal party to
TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes, unacceptable terms, or misrepresentations for the specific
order prior to accepting. Vendor agrees that any order issued from a customer to Vendor, even when processed through TIPS, constitutes
a legal contract between the customer and Vendor only. When Vendor accepts or fulfills an order, even when processed through TIPS,
Vendor is representing that Vendor has carefully reviewed the order for legality, authenticity, and accuracy and TIPS shall not be liable
or responsible for the same. In the event of a conflict between the terms of this TIPS Vendor Agreement and those contained in any
Supplemental Agreement, the provisions set forth herein shall control unless otherwise agreed to and authorized by the Parties in
writing within the Supplemental Agreement. The Supplemental Agreement shall dictate the scope of services, the project delivery
expectations, the scheduling of projects and milestones, the support requirements, and all other terms applicable to the specific sale(s)
between the Vendor and the TIPS Member.
9. Right of Refusal. Vendor has the right not to sell to a TIPS Member under the awarded agreement at VendorÓs discretion unless
otherwise required by law.
10. Reporting TIPS Sales. If awarded on this TIPS Contract, for the duration of the contract, Vendor shall provide a RS Means line-item
estimates to TIPS for each anticipated TIPS project or sale. TIPS Vendor shall never charge a TIPS Member a line-item charge or
specific fee for providing an RS Means or Xactimate quote or estimate through the TIPS Program. When a TIPS Member Customer
seeks a quote or proposal for a TIPS sale, Vendor shall always supply a line-item estimate to TIPS for review and approval. If awarded,
Vendor must report all TIPS Sales to TIPS. If a TIPS sale is initiated by Vendor receiving a TIPS MemberÓs purchase order from TIPS
directly, Vendor may consider that specific TIPS Sale reported. Otherwise, with the exception of TIPS Automated Vendors, who have
signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS by either: (1) Emailing the line
item quote and purchase order or similar purchase document (with VendorÓs Name, as known to TIPS, the TIPS Contract Name and
Number included, and authorized signatures on behalf of both the TIPS Member and Vendor) to TIPS at tipspo@tips-usa.com with
ÐConfirmation OnlyÑ in the subject line of the email within three business days of VendorÓs acceptance of the order, or; (2) Within 3
business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and successfully self-report all
necessary sale information within the Vendor Portal and confirm that it shows up accurately on your current Vendor Portal statement.
No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales pursuant to this provision
may result in immediate cancellation of VendorÓs TIPS Contract(s) for cause at TIPSÓ sole discretion. Please refer to the
TIPS Accounting FAQÓs for more information about reporting sales and if you have further questions, contact the Accounting Team
at accounting@tips-usa.com.
11. TIPS Administration Fees. The collection of administrative fees by TIPS, a government entity, for performance of these procurement
services is required pursuant to Texas Government Code Section 791.011 et. seq. The administration fee (ÐTIPS Administration FeeÑ)
is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a
set percentage of the amount paid by the TIPS Member for each TIPS Sale, less shipping cost, bond cost, and taxes if applicable and
identifiable, which is legally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding
solicitation and is incorporated herein by reference. TIPS Administration Fees are due to TIPS immediately upon VendorÓs receipt of
payment, including partial payment, for a TIPS Sale. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member,
not on the VendorÓs cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. Upon receipt of
payment for a TIPS Sale, including partial payment (which renders TIPS Administration Fees immediately due), Vendor shall issue to
TIPS the corresponding TIPS Administration Fee payment as soon as possible but not later than thirty-one calendar days following
VendorÓs receipt of payment. Vendor shall pay TIPS via check unless otherwise agreed to by the Parties in writing. Vendor shall
include clear documentation with the issued payment dictating to which sale(s) the amount should be applied. Vendor may create a
TIPS Vendor Agreement JOC (Part 2) Page 2
payment report within their TIPS Vendor Portal which is the preferred documentation dictating to which TIPS Sale(s) the amount
should be applied. Failure to pay all TIPS Administration Fees pursuant to this provision may result in immediate cancellation of
VendorÓs TIPS Contract(s) for cause at TIPSÓ sole discretion as well as the initiation of collection and legal actions by TIPS against
Vendor to the extent permitted by law. Any overpayment of participation fees to TIPS by Vendor will be refunded to the Vendor
within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration
of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this
agreement and applicable law. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date
that TIPS received the payment will render the overpayment non-refundable. Region 8 ESC and TIPS reserve the right to extend the
six (6) month deadline if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect TIPS
Administration Fees due to TIPS pursuant to this Agreement.
12. Term of the Agreement. If awarded, the resulting Agreement with TIPS is for approximately two years with an option for renewal
for an additional two consecutive one-year terms. The first renewal year shall be automatic unless Vendor notifies TIPS of its objection
to the first one-year renewal. The second one-year renewal shall only be effective if offered by TIPS at its sole discretion. If TIPS
offers the second renewal option, the Vendor will be notified via email issued to VendorÓs then-listed Primary Contact. The renewal
option shall be deemed accepted by Vendor unless Vendor notifies TIPS of its objection to the renewal option in writing and confirms
receipt by TIPS.
Actual Effective Date: Agreement is effective upon signature by authorized representatives of both Parties. The Effective Date does
not affect the ÐTerm Calculation Start Date.Ñ
Term Calculation Start Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, Vendor shall
calculate the foregoing term as starting on the last day of the month that ÐAward NotificationsÑ are anticipated as published in the
Solicitation, regardless of the actual Effective Date.
Example of Term Calculation Start Date: If the anticipated ÐAward DateÑ published in the Solicitation is May 22, 2023, but extended
negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 in this
example.
Contract Expiration Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, the term
expiration date shall be two-years from the Term Calculation Start Date.
Example of Contract Expiration Date: If the anticipated ÐAward DateÑ published in the Solicitation is May 22, 2023, but extended
negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 and the
Contract Expiration Date of the resulting initial Ðtwo-yearÑ term, (which is subject to an extension(s)) will be May 31, 2025 in this
example.
Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, or the date of the expiration of the prior
renewal term where applicable, and continue for the duration specified for the renewal option herein.
Example of Option(s) for Renewal: In this example, if TIPS offers the second one-year renewal and the Contract Expiration Date is
May 31, 2025, then the one-year renewal is effective from May 31, 2025 to May 31, 2026.
TIPS may offer to extend Vendor Agreements to the fullest extent the TIPS Solicitation resulting in this Agreement permits.
13. TIPS Pricing. Vendor agrees and understands that for each TIPS Contract that it is awarded, Vendor submitted, agreed to, and received
TIPSÓ approval for pricing, coefficients, mark-ups, discounts, and other pricing terms and incentives which make up VendorÓs TIPS
Pricing for that TIPS Contract (ÐTIPS PricingÑ). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge
or line-item in a TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those
goods and services fall within the scope of the TIPS Contract and are priced according to VendorÓs TIPS Pricing. TIPS reserves the
right to review VendorÓs proposals and quotes line-item by line-item to determine compliance. However, Vendor contractually agrees
that all TIPS quotes and proposals shall be within the original terms of the VendorÓs TIPS Pricing (scope, coefficients, percentage
markups, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may approve VendorÓs quotes and
proposals without additional vetting at TIPS discretion.
14. I
ndemnification of TIPS. V ENDOR AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND TIPS, TIPS M EMBERS, TIPS
OFFICERS, TIPS E MPLOYEES, TIPS D IRECTORS, AND TIPS T RUSTEES (THE ÐTIPS I NDEMNITEES Ñ) FROM AND AGAINST ALL
TIPS Vendor Agreement JOC (Part 2) Page 3
CLAIMS AND SUITS BY THIRD-PARTIES FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGES, LOSSES,
EXPENSES, FEES, INCLUDING COURT COSTS, ATTORNEY Ó S FEES, AND EXPERT FEES, ARISING OUT OF OR RELATING TO V ENDOR Ó S
PERFORMANCE UNDER THIS A GREEMENT (INCLUDING THE PERFORMANCE OF V ENDOR Ó S OFFICERS, EMPLOYEES, AGENTS,
A UTHORIZED R ESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES), REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW OR BASED IN
WHOLE OR IN PART UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON THE PART OF V ENDOR, ITS
OFFICERS, EMPLOYEES, AGENTS, A UTHORIZED R ESELLERS, SUBCONTRACTORS, LICENSEES, OR INVITEES. NO LIMITATION OF
LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED TO
BY TIPS. A PART FROM THIS INDEMNIFICATION PROVISION REQUIRING INDEMNIFICATION OF THE TIPS I NDEMNITEES Ó
ATTORNEY Ó S FEES AS SET FORTH ABOVE, RECOVERY OF ATTORNEYS Ó FEES BY THE PREVAILING PARTY IS AUTHORIZED ONLY IF
AUTHORIZED BY T EX. E DUC. C ODE § 44.032(F).
15. Indemnification and Assumption of Risk Î Vendor Data. V ENDOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA
(INCLUDING BUT NOT LIMITED TO: V ENDOR INFORMATION, V ENDOR DOCUMENTATION, V ENDOR Ó S PROPOSALS, V ENDOR PRICING
SUBMITTED OR PROVIDED TO TIPS, TIPS CONTRACT DOCUMENTS, TIPS CORRESPONDENCE, V ENDOR LOGOS AND IMAGES,
V ENDOR Ó S CONTACT INFORMATION, V ENDOR Ó S BROCHURES AND COMMERCIAL INFORMATION, V ENDOR Ó S FINANCIAL
INFORMATION, V ENDOR Ó S CERTIFICATIONS, AND ANY OTHER V ENDOR INFORMATION OR DOCUMENTATION, INCLUDING WITHOUT
LIMITATION SOFTWARE AND SOURCE CODE UTILIZED BY V ENDOR, SUBMITTED TO TIPS BY V ENDOR AND ITS AGENTS) (ÐV ENDOR
D ATA Ñ) TO TIPS. F OR THE SAKE OF CLARITY, AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATIONS IN
S ECTION 14 ABOVE, V ENDOR AGREES TO PROTECT, INDEMNIFY, AND HOLD THE TIPS I NDEMNITEES HARMLESS FROM AND AGAINST
ANY AND ALL LOSSES, CLAIMS, ACTIONS, DEMANDS, ALLEGATIONS, SUITS, JUDGMENTS, COSTS, EXPENSES, FEES, INCLUDING COURT
COSTS, ATTORNEY Ó S FEES, AND EXPERT FEES AND ALL OTHER LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR
RELATING TO: (I) A NY UNAUTHORIZED, NEGLIGENT OR WRONGFUL USE OF, OR CYBER DATA BREACH INCIDENT AND VIRUSES OR
OTHER CORRUPTING AGENTS INVOLVING, V ENDOR Ó S D ATA, PRICING, AND INFORMATION, COMPUTERS, OR OTHER HARDWARE OR
SOFTWARE SYSTEMS, AND; (II) ALLEGATIONS OR CLAIMS THAT ANY V ENDOR D ATA INFRINGES ON THE INTELLECTUAL PROPERTY
RIGHTS OF A THIRD-PARTY OR V ENDOR.
16. Intellectual Property Indemnification by Vendor. Procedures Related to Indemnification. In the event that an indemnity
obligation arises, Vendor shall pay all amounts set forth in Section 14 and 15 above (including any settlements) and Î if it has accepted
its indemnity obligation without qualification Î control the legal defense to such claim or cause of action, including without limitation
attorney selection, strategy, discovery, trial, appeal, and settlement, and TIPS shall, at VendorÓs cost and expense (with respect to
reasonable out of pocket costs and expenses incurred by TIPS which shall be reimbursed to TIPS by Vendor), provide all commercially
reasonable assistance requested by Vendor. In controlling any defense, Vendor shall ensure that all assertions of governmental
immunity and all applicable pleas and defenses shall be promptly asserted.
17. Indemnity for Underlying Sales and Supplemental Agreements. Vendor shall be solely responsible for any customer claims or any
disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not
be liable for any claims arising out of VendorÓs TIPS Sales or Supplemental Agreements, including but not limited to: allegations of
product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency,
allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding
payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under-
payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of
such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the
terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is
not a dealer, subcontractor, agent, or reseller of VendorÓs goods and services and shall not be responsible for any claims arising out of
alleged insufficiencies or defects in VendorÓs goods and services, should any arise.
18. Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released
to TIPS, TIPS Members, and TIPS third-party administrators to effectuate VendorÓs TIPS Contract except as provided for herein. The
Parties agree that Vendor Data is accessible by all TIPS Members as if submitted directly to that TIPS Member Customer for purchase
consideration. If Vendor otherwise considers any portion of VendorÓs Data to be confidential and not subject to public disclosure
pursuant to Chapter 552 Texas GovÓt Code (the ÐPublic Information ActÑ) or other law(s) and orders, Vendor must have identified the
claimed confidential materials through proper execution of the Confidentiality Claim Form which is required to be submitted as part
of VendorÓs proposal resulting in this Agreement and incorporated by reference. The Confidentiality Claim Form included in VendorÓs
proposal and incorporated herein by reference is the sole indicator of whether Vendor considers any Vendor Data confidential in the
event TIPS receives a Public Information Request. If TIPS receives a request, any responsive documentation not deemed confidential
by you in this manner will be automatically released. For Vendor Data deemed confidential by you in this manner, TIPS will follow
procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required
TIPS Vendor Agreement JOC (Part 2) Page 4
by law, including Attorney General determination and opinion. In the event that TIPS receives a written request for information
pursuant to the Public Information Act that affects VendorÓs interest in any information or data furnished to TIPS by Vendor, and TIPS
requests an opinion from the Attorney General, Vendor may, at its own option and expense, prepare comments and submit information
directly to the Attorney General stating why the requested information is exempt from disclosure pursuant to the requirements of the
Public Information Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney General
within the time period prescribed by the Public Information Act. Notwithstanding any other information provided in this solicitation
or Vendor designation of certain Vendor Data as confidential or proprietary, VendorÓs acceptance of this TIPS Vendor Agreement
constitutes VendorÓs consent to the disclosure of VendorÓs Data, including any information deemed confidential or proprietary, to TIPS
Members or as ordered by a Court or government agency, including without limitation the Texas Attorney General. Vendor agrees
that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or as required
by law.
19. VendorÓs Subcontractors. TIPS recognizes that many vendors operate in the open market through the use of subcontractors. For that
reason, TIPS permits Vendor to utilize subcontractors as authorized and permitted by the TIPS Member Customer. However, all
purchase documents must include: (1) VendorÓs Name, as known to TIPS, and; (2) VendorÓs TIPS Contract Name and Number under
which it is making the TIPS Sale. Vendor must report the sale pursuant to the terms herein and Vendor agrees that it is legally
responsible for all reporting and fee payment as described herein for TIPS Sales even when subcontractors are utilized. The TIPS
Administration Fee is assessed on the amount paid by the TIPS Member to Vendor. The Parties intend that Vendor shall be responsible
and for actions of subcontractors during a TIPS Sale. Vendor agrees that it is voluntarily authorizing subcontractors and in doing so,
Vendor agrees that it is doing so at its own risk and agrees to protect, indemnify, and hold TIPS harmless in accordance with Sections
14-17 above related to subcontractor TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement
that may be asserted against Vendor whether rightfully brought or otherwise. The Parties further agree that it is no defense to VendorÓs
breach of this Agreement that a subcontractor caused Vendor of breach this Agreement.
20. Circumvention of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing
whether Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Any
request for quote, customer communication, or customer purchase initiated through or referencing a TIPS Contract shall be completed
through TIPS pursuant to this Agreement. Any encouragement or participation by Vendor in circumventing a TIPS sale being
completed may result in immediate termination of VendorÓs TIPS Contract(s) for cause as well as preclusion from future TIPS
opportunities at TIPS sole discretion.
21. State of Texas Franchise Tax. By signature hereon, Vendor hereby certifies that Vendor is not currently delinquent in the payment
of any franchise taxes owed to the State of Texas under Chapter 171 of the Texas Tax Code.
22. Termination.
A) Termination for Convenience. TIPS may, by written notice to Vendor, terminate this Agreement for convenience,
in whole or in part, at any time by giving thirty (30) daysÓ written notice to Vendor of such termination, and
specifying the effective date thereof.
B) Termination for Cause. If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall
provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30)
days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for
cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically
be converted to and treated as a termination for convenience.
C) VendorÓs Termination. If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall
provide written notice to TIPS specifying the default (ÐNotice of DefaultÑ). If TIPS does not cure such default
within thirty (30) days, Vendor may terminate this Agreement, in whole or in part, for cause. If Vendor terminates
this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination
shall automatically be converted to and treated as a termination for convenience.
D) Upon termination, all TIPS Sale orders previously accepted by Vendor shall be fulfilled and Vendor shall be
paid for all TIPS Sales executed pursuant to the applicable terms. All TIPS Sale orders presented to Vendor but
not fulfilled by Vendor, prior to the actual termination of this agreement shall be honored at the option of the
TIPS Member. TIPS shall submit to Vendor an invoice for any outstanding TIPS Administration Fees and
TIPS Vendor Agreement JOC (Part 2) Page 5
approved expenses and Vendor shall pay such fees and expenses within 30 calendar days of receipt of such valid
TIPS invoice. Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPSÓ sole
discretion and that any Vendor may be removed from the TIPS program at any time with or without cause. This
termination clause does not affect TIPS Sales Supplemental Agreements pursuant to this term regarding
termination and the Survival Clause term.
E) Vendor hereby waives any and all claims for damages, including, but not limited, to consequential damages or
lost profits, that might arise from TIPSÓ act of terminating this Agreement.
23. Survival Clause. It is the intent of the Parties that this Agreement and procurement method applies to any TIPS Sale made during the
life of this Agreement even if made on or near the Contract Expiration Date as defined herein. Thus, all TIPS Sales, including but not
limited to: leases, service agreements, license agreements, open purchase orders, warranties, and contracts, even if they extend months
or years past the TIPS Contract Expiration Date, shall survive the expiration or termination of this Agreement subject to the terms and
conditions of the Supplemental Agreement between Customer and Vendor or unless otherwise specified herein.
24. Audit Rights. Due to transparency statutes and public accountability requirements of TIPS and TIPS Members, Vendor shall at their
sole expense, maintain documentation of all TIPS Sales for a period of three years from the time of the TIPS Sale. In order to ensure
and confirm compliance with this agreement, TIPS shall have authority to conduct audits of VendorÓs TIPS Pricing or TIPS Sales with
thirty-daysÓ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without said notice.
Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially
inconsistent with VendorÓs TIPS Pricing, TIPS shall have the ability to conduct the audit internal
t. In
the event of an audit, the requested materials shall be reasonably provided in the time, format, and at the location acceptable to TIPS.
TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right
to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member.
These audit rights shall survive termination of this Agreement for a period of one (1) year from the effective date of termination.
25. Conflicts of Interest. The Parties confirm that they have not offered, given, or accepted, nor intend to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, service to the other in connection with this
Agreement. Vendor affirms that, to the best of VendorÓs knowledge, this Agreement has been arrived at independently, and is awarded
without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair
advantage over other vendors in the award of this Agreement. Vendor agrees that it has disclosed any necessary affiliations with
Region 8 Education Service Center and the TIPS Department, if any, through the Conflict of Interest attachment provided in the
solicitation resulting in this Agreement.
26. Volume of TIPS Sales. Nothing in this Agreement or any TIPS communication may be construed as a guarantee that TIPS or TIPS
Members will submit any TIPS orders to Vendor at any time.
27. Compliance with the Law. The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules,
and regulations applicable to their entity in connection with the programs contemplated under this Agreement.
28. Severability. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or
unenforceable, then such term(s) or provision(s) shall be deemed restated to reflect the original intention of the Parties as nearly as
possible in accordance with applicable law and the remainder of this Agreement, and the remainder of the provisions of this Agreement
shall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless such holding causes the obligations
of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the
Parties hereto.
29. Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations
under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to
the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation
of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the
inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable
dispatch. In the event that VendorÓs obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force
Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control
VendorÓs failure to fulfill for a Force Majeure event.
TIPS Vendor Agreement JOC (Part 2) Page 6
30. Immunity. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor
constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education
Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses,
remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under
applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for
estoppel.
31. Insurance Requirements. Vendor agrees to maintain the following minimum insurance requirements for the duration of this
Agreement. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size category of VII and at
least a rating of Ñ by A.M. Best Key Rating Guide. The coverages and limits are to be considered minimum requirements and in
no way limit the liability of the Vendor(s). Any immunity available to TIPS or TIPS Members shall not be used as a defense by the
contractor's insurance policy. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover
said deductibles is provided. "Claims made" policies will not be accepted. VendorÓs required minimum coverage shall not be suspended,
ired
coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS
Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished
to the TIPS or the TIPS Member. Vendor agrees that when Vendor or its subcontractors are liable for any damages or claims, VendorÓs
policy, shall be primary over any other valid and collectible insurance carried by the Member or TIPS.
General Liability: $1,000,000 each Occurrence/Aggregate
Automobile Liability:
Workers' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. If Vendor performs
in multiple jurisdictions, Vendor shall maintain the statutory limits for the jurisdiction with the greatest dollar
policy limit requirement.
Umbrella Liability: $1,000,000 each Occurrence/Aggregate
32. Waiver. No waiver of any single breach or multiple breaches of any provision of this Agreement shall be construed to be a waiver of
any breach of any other provision. No delay in acting regarding any breach of any provision shall be construed to be a waiver of such
breach.
33. Binding Agreement. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal
successors, and assigns.
34. Headings. The paragraph headings contained in this Agreement are included solely for convenience of reference and shall not in any
way affect the meaning or interpretation of any of the provisions of this Agreement.
35. Choice of Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State
of Texas. Any proceeding, claim, action, or alternative dispute resolution arising out of or relating to this Agreement or involving TIPS
shall be brought in a State Court of competent jurisdiction in Camp County, Texas, or if Federal Court is legally required, a Federal
Court of competent jurisdiction in the Eastern District of Texas, and each of the Parties irrevocably submits to the exclusive jurisdiction
of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees
that all claims in respect of the proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding
arising out of or relating to this procurement process or any contract resulting from or and contemplated transaction in any other court.
The Parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing,
voluntary and freely bargained for agreement between the Parties irrevocably to waive any objections to venue or to convenience of
forum.
36. Relationship of the Parties. Nothing contained in this Agreement shall be construed to make one Party an agent of the other Party
nor shall either party have any authority to bind the other in any respect, unless expressly authorized by the other party in writing. The
Parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partnership
between them.
37. Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in
part by a Party hereto without the prior written consent of the other Party. Written consent of TIPS shall not be unreasonably withheld.
TIPS Vendor Agreement JOC (Part 2) Page 7
38. Minimum Condition and Warranty Requirements for TIPS Sales. All goods quoted or sold through a TIPS Sale shall be new
unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard
warranty unless otherwise agreed to in the Supplemental Agreement.
39. Minimum Customer Support Requirements for TIPS Sales. Vendor shall provide timely and commercially reasonable support for
TIPS Sales or as agreed to in the applicable Supplemental Agreement.
40. Minimum Shipping Requirements for TIPS Sales. Vendor shall ship, deliver, or provide ordered goods and services within a
commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member
as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if the
delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order.
41. Minimum Vendor License Requirements. Vendor shall maintain, in current status, all federal, state, and local licenses, bonds and
permits required for the operation of the business conducted by Vendor. Vendor shall remain fully informed of and in compliance with
all ordinances and regulations pertaining to the lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS
Members reserve the right to stop work and/or cancel a TIPS Sale or terminate this or any TIPS Sale Supplemental Agreement involving
Vendor if VendorÓs license(s) required to perform under this Agreement or under the specific TIPS Sale have expired, lapsed, are
42. Minimum Vendor Legal Requirements. Vendor shall remain aware of and comply with this Agreement and all local, state, and
federal laws governing the sale of products/services offered by Vendor under this contract. Such applicable laws, ordinances, and
policies must be complied with even if not specified herein.
43. Minimum Site Requirements for TIPS Sales (when applicable to TIPS Sale).
Cleanup: When performing work on site at a TIPS MemberÓs property, Vendor shall clean up and remove all debris and rubbish resulting
from their work as required or directed by the TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be
left in good repair and an orderly, neat, clean and unobstructed condition.
Preparation: Vendor shall not begin a project for which a TIPS Member has not prepared the site, unless Vendor does the preparation
work at no cost, or until TIPS Member includes the cost of site preparation in the TIPS Sale Site preparation includes, but is not limited
Registered Sex Offender Restrictions: For work to be performed at schools, Vendor agrees that no employee of Vendor or a
subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably
expected to be, present unless otherwise agreed by the TIPS Member. Vendor agrees that a violation of this condition shall be considered
a material breach and may result in the cancellation of the TIPS Sale at the TIPS MemberÓs discretion. Vendor must identify any
additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no
additional charge.
Safety Measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly
maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created
by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers,
general public and existing structures from injury or damage.
Smoking: Persons working under Agreement shall adhere to the TIPS MemberÓs or local smoking statutes, codes, ordinances, and
policies.
44. Wage Rates: TIPS Member Customers often have to designate either Davis Bacon Act wage rates or similar wage rates for their
construction contracts. The RS Means Unit Price Book accounts for local wage rates and the contractor must comply with RS Means
and any additional wage rate requirements of the TIPS Member Customer.
45. Engineering and Architectural Services: It is impermissible in Texas and some other jurisdictions for engineering and architectural
services (A&E) to be procured or provided through an interlocal cooperative contract such as this one. The TIPS Member Customer,
if required by law, must engage independent A&E providers according to the laws of their jurisdiction.
TIPS Vendor Agreement JOC (Part 2) Page 8
46. Payment for TIPS Sales. TIPS Members may make payments for TIPS Sales directly to Vendor, or as otherwise agreed to in the
applicable Supplemental Agreement after receipt of the invoice and in compliance with applicable payment statutes. Regardless of
how payment is issued or received for a TIPS Sale, Vendor is responsible for all reporting and TIPS Administration Fee payment
requirements as stated herein.
47. Marketing. Vendor agrees to allow TIPS to use their name and logo within the TIPS website, database, marketing materials, and
advertisements unless Vendor negotiates this term to include a specific acceptable-use directive. Any use of TIPSÓ name and logo or
any form of publicity, inclusive of press release, regarding this Agreement by Vendor must have prior approval from TIPS which will
not be unreasonably withheld. Request may be made by email to tips@tips-usa.com. For marketing efforts directed to TIPS Members,
Vendor must request and execute a separate Joint Marketing Disclaimer, at marketing@tips-usa.com, before TIPS can release contact
information for TIPS Member entities for the purpose of marketing your TIPS contract(s). Vendor must adhere to strict Marketing
Requirements once a disclaimer is executed. The Joint Marketing Disclaimer is a supplemental agreement specific to joint marketing
efforts and has no effect on the terms of the TIPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, clip art,
music, or any other intellectual property (ÐPropertyÑ) or Vendor Data utilized, provided, or approved by Vendor during the course of
the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to
utilize said Property in the joint marketing efforts. Vendor agrees that they shall indemnify and hold harmless TIPS and its employees,
officers, agents, representatives, contractors, assignees, designees, and TIPS Members from any and all claims, damages, and judgments
involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible property
rights and/or claims arising from the VendorÓs (including VendorÓs officersÓ, employeesÓ, agentsÓ, Authorized ResellersÓ,
subcontractorsÓ, licenseesÓ, or inviteesÓ) unauthorized use or distribution of Vendor Data and Property.
48. Tax Exempt Status of TIPS Members. Most TIPS Members are tax exempt entities and the laws and regulations applicable to the
specific TIPS Member customer shall control.
49. Automatic Renewal Limitation for TIPS Sales. No TIPS Sale may incorporate an automatic renewal clause that exceeds month to
month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement
shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS
Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement
during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the
Agreement renewal. Any TIPS Sale Supplemental Agreement containing an ÐAutomatic RenewalÑ clause that conflicts with these
terms is rendered void and unenforceable.
50. Choice of Law Limitation for TIPS Sales. Vendor agrees that if any "Choice of Law" provision is included in any TIPS Sale
agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the TIPS
Sale agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS
Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a ÐChoice of LawÑ clause that conflicts with
these terms is rendered void and unenforceable.
51. Venue Limitation for TIPS Sales. Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract
between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall
be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale
Supplemental Agreement containing a ÐVenueÑ clause that conflicts with these terms is rendered void and unenforceable.
52. Indemnity Limitation for TIPS Sales. Texas and other jurisdictions restrict the ability of governmental entities to indemnify others.
Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales
agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such
indemnity is only permitted, "to the extent permitted by the laws and constitution of \[TIPS Member's State\]Ñ unless the TIPS Member
expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms
is rendered void and unenforceable.
53. Arbitration Limitation for TIPS Sales. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale
agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding.
Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member,
that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS
Sale Supplemental Agreement containing a ÐArbitrationÑ clause that conflicts with these terms is rendered void and unenforceable.
In Witness Whereof, the parties hereto, each acting under due and proper authority, have signed this Agreement.
TIPS Vendor Agreement JOC (Part 2) Page 9
TIPS VENDOR AGREEMENT SIGNATUREFORM
TIPS RFP 240702 Playground Equipment and Installation Services (2 Part with JOC)Î Part
T.F.Harper&AssociatesLP
Vendor Name:_____________________________________________________________________________
1685SFM1685
Vendor Address: ___________________________________________________________________________
BudaTX78610
City: _____________________________________________ State: ____________ Zip Code: _____________
ArielSmith
Vendor Authorized Signatory Name: ___________________________________________________________
President-Owner
Vendor Authorized Signatory Title: ____________________________________________________________
512-417-2893
Vendor Authorized Signatory Phone: ___________________________________________________________
asmith@tfharper.com
Vendor Authorized Signatory Email: ___________________________________________________________
08/26/2024
Vendor Authorized Signature: ________________________________________ Date: ___________________ ___________________________________________________________
(The following is for TIPS completion only)
Dr.DavidFitts
TIPS Authorized Signatory Name: _____________________________________________________________
ExecutiveDirector
TIPS Authorized Signatory Title: ______________________________________________________________
9/18/2024
TIPS Authorized Signature: ________________________________________ Date: ____________________
TIPS Vendor Agreement Signature Form(Part ) Page 1
240702
TF Harper & Associates, LP
Supplier Response
Event Information
Number:240702
Title:Playground Equipment and Installation Services (2 Part with JOC)
Type:Request for Proposal
Issue Date:7/3/2024
Deadline:8/16/2024 03:00 PM (CT)
Notes:This is a solicitation issued by The Interlocal Purchasing System (TIPS), a department of
Texas Region 8 Education Service Center. It is an Indefinite Delivery, Indefinite Quantity
("IDIQ") solicitation. It will result in contracts that provide, through adoption/"piggyback"
an indefinite quantity of supplies/services, during a fixed period of time, to TIPS public
entity and qualifying non-profit "TIPS Members" throughout the nation. Thus, there is no
specific project or scope of work to review. Rather this solicitation is issued as a
prospective award for utilization when any TIPS Member needs the goods or services
offered during the life of the agreement.
This is a two part solicitation. Part 1 is solicited for TIPS sales that are not considered a
"public work" construction project. Part 1 permits the sale of goods and non-
construction/non-"public work" services such as maintenance and minor repairs. Part 2
Job Order Contract (JOC) is solicited for projects considered by your TIPS Member
Customers to be a "public work" construction project.The determination of whether or
not a TIPS sale amounts to a "public work" construction project requiring a Part 2 JOC
contract is made by the TIPS Member Customer at the time of each TIPS sale.
Thus, Vendors are encouraged to respond to both Parts 1 and 2 in case your TIPS
Member Customers require that a sale be made under one Part or the other. However,
responding to both Parts is not required.
Page 1 of 34 pagesVendor: TF Harper & Associates, LP240702
IF YOU CURRENTLY HOLDS TIPS CONTRACT 210702 PLAYGROUND EQUIPMENT AND
INSTALLATIONSERVICES PART 1, PART 2, OR BOTH ("210702"), YOU MUST RESPOND
TO THIS SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD
ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR PLAYGROUND
EQUIPMENT AND INSTALLATION OFFERINGS. THIS AWARDED CONTRACT WILL
REPLACE YOUR EXPIRING TIPS CONTRACT 210702.
IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN 210702 WHICH COVERS ALL OF
YOUR PLAYGROUND EQUIPMENT AND INSTALLATION OFFERINGS AND YOU ARE
SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS SOLICITATION UNLESS
YOU PREFER TO HOLD BOTH CONTRACTS.
Contact Information
Address:Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone:+1 (866) 839-8477
Email:bids@tips-usa.com
Page 2 of 34 pagesVendor: TF Harper & Associates, LP240702
TF Harper & Associates, LP Information
Contact:Ariel Smith
Address:1685 S. FM 1626
Buda, TX 78610
Phone:(512) 417-2893
Fax:(512) 440-0736
Toll Free:(800) 976-0107
Email:playground@tfharper.com
Web Address:www.tfharper.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Jacquelyn Gonzalesbids@tfharper.com
SignatureEmail
Submitted at 8/16/2024 10:28:48 AM (CT)
Requested Attachments
1. Pricing Form 1 (Part 1).pdf
Pricing Form 1 (Part 1)
eBid System, reviewed, properly completed as instructed, and uploaded to this location.
2. Pricing Form 2 (Part 1).pdf
Pricing Form 2 (Part 1)
eBid System, reviewed, properly completed as instructed, and uploaded to this location.
3. Vendor Agreement (Part 1).pdf
Vendor Agreement (Part 1)
eBid System, reviewed, Vendor Name placed in the line provided at the top, and uploaded to this location. If Vendor
has proposed deviations to the Vendor Agreement (Part 1), Vendor may assert so in the Attribute Questions and
those shall be addressed during evaluation.
No response
Alternate or Supplemental Pricing Documents (Part 1)
Optional. If responding to Part 1, when completing Pricing Form 1 (Part 1) & Pricing Form 2 (Part 1), you direct TIPS to
view additional, alternate, or supplemental pricing documentation, you may upload that Part 1 documentation.
5. Vendor Agreement Signature
Vendor Agreement Signature Form (Part 1)
Form_EXE.pdf
section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has
proposed deviations to the Vendor Agreement (Part 1), Vendor may leave the signature line of this page blank and
assert so in the Attribute Questions and those shall be addressed during evaluation.
6. W9 Form.pdf
Current Form W-9
Vendor must upload their current IRS Tax Form W-9. The legal name, EIN, and d/b/a's listed should match the
information provided herein exactly. This form will be utilized by TIPS to properly identify your entity.
7. Required Confidentiality Claim
Required Confidentiality Claim Form
Form_EXE.pdf
System, reviewed, properly completed, and uploaded to this location. This is the only way for Vendor to assert
confidentiality of any information submitted.
Page 3 of 34 pagesVendor: TF Harper & Associates, LP240702
8. Reference Letters Packet.pdf
(3) Required Customer Reference Letters
Whether responding to Part 1, Part 2, or both. Vendor is required to upload three Customer Reference Letters from
three separate customers as described herein. Vendor will be scored on the aggregate Reference Letters received
from customers as described in the solicitation. Vendor must provide three current letters (issued within the 12 months
reputation as described herein. (Ex. if the solicitation/bid posted on February 4, 2024, the letters must be dated on or
after February 1, 2023). The letters must be issued from customers who have received goods or services from the
Vendor or its current corporate officials, on entity/company letterhead, must specify its customer experience with
Vendor, and must be signed by an authorized representative of the customer. TIPS Reference Forms from past bids
will no longer be accepted.
9. 2024 Bond Ltr.pdf
Part 2 Required Bonding Capacity Letter
If proposing on Part 2, Vendor is required to upload a Bonding Capacity Letter from its surety, as described herein, at
this location. Please see the attachment entitled "Instructions and Sample - Part 2 Required Bonding Capacity Letter"
for complete instructions. .On Part 2, Vendor will be scored on the aggregate bonding capacity displayed in the
accepted letter. Vendor must provide a current letter (issued on or after the first day of the month preceding the date
(Ex. if
the solicitation/bid posted on February 4, 2022, the letter must be dated on or after January 1 2022. The letter must
capacity of the Vendor, and must be signed by an authorized representative of the surety company. The issuing surety
must be authorized to do business in the State of Texas and must be listed on the Department of the Treasury's
Listing of Approved Sureties (Department Circular 570).
10. Vendor Agreement (Part 2).pdf
Vendor Agreement (Part 2)
IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has proposed deviations
to the Vendor Agreement (Part 2), Vendor may assert so in the Attribute Questions and those shall be addressed
during evaluation.
No response
Vendor Agreement Signature Form (Part 2)
section of the IonWave eBid System, reviewed, properly completed, and uploaded to this location. If Vendor has
proposed deviations to the Vendor Agreement (Part 2), Vendor may leave the signature line of this page blank and
assert so in the Attribute Questions and those shall be addressed during evaluation.
No response
Certificates & Licenses (Supplemental Vendor Information Only)
Optional.If Vendor would like to display any applicable certificates or licenses (including HUB certificates) for TIPS and
TIPS Member Customer consideration, Vendor may upload those at this location. These supplemental documents
shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental Information for marketing
and informational purposes only.
No response
Information Only)
Optional.If Vendor would like to display any standard warranties, terms, or conditions which are often applicable to
their offerings for TIPS and TIPS Member Customer consideration, Vendor may upload those at this location. These
supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor Supplemental
Information for marketing and informational purposes only.
No response
Supplemental Vendor Information (Supplemental Vendor Information
Only)
Optional.If Vendor would like to display or include any brochures, promotional documents, marketing materials, or
other Vendor Information for TIPS and TIPS Member Customer consideration, Vendor may upload those at this
These supplemental documents shall not be considered part of the TIPS Contract. Rather, they are Vendor
Supplemental Information for marketing and informational purposes only.
Page 4 of 34 pagesVendor: TF Harper & Associates, LP240702
No response
Disclosure of Lobbying Activities - Standard Form - LLL
Do not upload this form unless Vendor has reportable lobbying activities.
Properly respond to those Attributes and
only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the
IonWave eBid System, reviewed, properly completed, and uploaded to this location.
No response
Conflict of Interest Questionnaire - Form CIQ
Do not upload this form unless you have a reportable conflict with TIPS.
Properly respond to those Attributes and only upload this form if
applicable/instructed.If upload is required based on your response to those Attributes, the Conflict of Interest
reviewed, properly completed, and uploaded at this location.
No response
Vendor Logo (Supplemental Vendor Information Only)
Optional.If Vendor desires that their logo be displayed on their public TIPS profile for TIPS and TIPS Member viewing,
Vendor may upload that logo at this location. These supplemental documents shall not be considered part of the TIPS
Contract.Rather, they are Vendor Supplemental Information for marketing and informational purposes only.
Bid Attributes
1 Disadvantaged/Minority/Women Business & Federal HUBZone
Some participating public entities are required to seek Disadvantaged/Minority/Women Business & Federal
HUBZone ("D/M/WBE/Federal HUBZone") vendors. Does Vendor certify that their entity is a D/M/WBE/Federal
HUBZone vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments"
location.
YES
2 Historically Underutilized Business (HUB)
Some participating public entities are required to seek Historically Underutilized Business (HUB) vendors as defined
by the Texas Comptroller of Public Accounts Statewide HUB Program. Does Vendor certify that their entity is a HUB
vendor?
If you respond "Yes," you must upload current certification proof in the appropriate "Response Attachments"
location.
Yes
3 National Coverage
Can the Vendor provide its proposed goods and services to all 50 US States?
No
4 States Served
If Vendor answered "No" to the question entitled "National Coverage," please list all states where vendor can
provide the goods and services proposed directly below. Your response may dictate which potential TIPS Member
customers consider purchasing your offerings.
Texas
Page 5 of 34 pagesVendor: TF Harper & Associates, LP240702
5 Description of Vendor Entity and Vendor's Goods & Services
If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for
customer/public viewing.
districts. We understand how these different communities work and how we can meet their needs while keeping a
project moving forward. Whatever your construction or outdoor recreational need, our expert team can help
Developing a good working relationship with the clients, architects, engineers, subcontractors, and our team
through detailed management and consistent project updates. We pride ourselves on offering high quality
integrity, excellence, experience, and leadership as your finest local construction organization.
6 Primary Contact Name
Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of
the contract.
Ariel Smith
7 Primary Contact Title
Primary Contact Title
President
8 Primary Contact Email
Please enter a valid email address that will definitely reach the Primary Contact.
asmith@tfharper.com
9 Primary Contact Phone
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex.8,668,398,477).
Please provide the accurate and current phone number where the individual who will be primarily responsible for all
TIPS matters and inquiries for the duration of the contract can be reached directly.
5124400707
1 Primary Contact Fax
0
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
5124400736
1 Primary Contact Mobile
1
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
No response
1 Secondary Contact Name
2
Please identify the individual who will be secondarily responsible for all TIPS matters and inquiries for the duration
of the contract.
Kerry Urbanowicz
Page 6 of 34 pagesVendor: TF Harper & Associates, LP240702
1 Secondary Contact Title
3
Secondary Contact Title
VP of Construction
1 Secondary Contact Email
4
Please enter a valid email address that will definitely reach the Secondary Contact.
kurbanowicz@tfharper.com
1 Secondary Contact Phone
5
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex.8,668,398,477).
Please provide the accurate and current phone number where the individual who will be secondarily responsible
forall TIPS matters and inquiries for the duration of the contract can be reached directly.
5126469211
1 Secondary Contact Fax
6
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
No response
1 Secondary Contact Mobile
7
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
No response
1 Administration Fee Contact Name
8
Please identify the individual who will be responsible for all payment, accounting, and other matters related to
Vendor's TIPS Administration Fee due to TIPS for the duration of the contract.
Cassie Krueger
1 Administration Fee Contact Email
9
Please enter a valid email address that will definitely reach the Administration Fee Contact.
ckrueger@tfharper.com OR admin@tfharper.com
2 Administration Fee Contact Phone
0
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
5124400707
2 Purchase Order and Sales Contact Name
1
Please identify the individual who will be responsible for receiving and processing purchase orders and sales under
the TIPS Contract.
Jessica Carter
2 Purchase Order and Sales Contact Email
2
Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact.
jcarter@tfharper.com
Page 7 of 34 pagesVendor: TF Harper & Associates, LP240702
2 Purchase Order and Sales Contact Phone
3
Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas
once submitted which is appropriate and expected (Ex. 8,668,398,477).
5128009177
2 Company Website
4
Company Website (Format - www.company.com)
www.tfharper.com
2 Entity D/B/A's and Assumed Names
5
You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier
Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9.
In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be
identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with
TIPS after award.
Harper Smith & Associates | T.F. Harper & Associates, LP
2 Primary Address
6
Primary Address
1685 S FM 1626
2 Primary Address City
7
Primary Address City
Buda
2 Primary Address State
8
Primary Address State (2 Digit Abbreviation)
TX
2 Primary Address Zip
9
Primary Address Zip
78610
3 Search Words Identifying Vendor
0
Please list all search words and phrases to be included in the TIPS database related to your entity.Do not list
words which are not associated with the bid category/scope (See bid title for general scope). This will help users
find you through the TIPS website search function. You may include product names, manufacturers, specialized
services, and other words associated with the scope of this solicitation.
Park, Playground, General Contractor, Project Management, Design-Build
Page 8 of 34 pagesVendor: TF Harper & Associates, LP240702
3 Certification of Vendor Residency (Required by the State of Texas)
1
Does Vendor's parent company or majority owner:
(A)have its principal place of business in Texas; or (B) employ at least 500 persons in Texas?
Texas Education Code Section 44.031 requires that this information be considered in evaluation for certain
contracts. However, Vendor response does not affect points, scoring, or potential award.
Yes
3 Vendor's Principal Place of Business (City)
2
In what city is Vendor's principal place of business located?
Buda
3 Vendor's Principal Place of Business (State)
3
In what state is Vendor's principal place of business located?
TX
3 Vendor's Years in Business
4
How many years has the business submitting this proposal been operating in its current capacity and field of work?
52
3 Certification Regarding Entire TIPS Agreement for Part 1 and Part 2 Contracts
5
This is a two part solicitation. Part 1 is solicited for TIPS sales that are not considered a "public work" construction
project. Part 1 permits the sale of goods and non-construction/non-"public work" services such as maintenance
and minor repairs. Part 2 Job Order Contract (JOC) is solicited for projects considered by your TIPS Member
Customers to be a "public work" construction project. The determination of whether or not a TIPS sale amounts to a
"public work" construction project requiring a Part 2 JOC contract is made by the TIPS Member Customer at the time
of each TIPS sale. Thus, Vendors are encouraged to respond to both Parts 1 and 2 in case your TIPS Member
Customers require that a sale be made under one Part or the other. However, responding to both Parts is not
required. If Vendor responds and is awarded to both Parts, Vendor will have one contract for Part 1 and a separate
contract for Part 2.
Vendor agrees that, if awarded, Vendor's final TIPS Contract(s), for either Part 1, Part 2, or both Parts, will consist
of the provisions set forth in the corresponding finalized TIPS Vendor Agreement, Vendor's responses to these
attribute questions, and: (1) The TIPS solicitation document resulting in the Agreement; (2) Any addenda or
clarifications issued in relation to the corresponding TIPS solicitation; (3) All solicitation information provided to
solicitation including all accepted required attachments, acknowledged notices and certifications, accepted
negotiated terms, accepted pricing, accepted responses to questions, and accepted written clarifications of
Does Vendor agree?
Yes, Vendor agrees
Page 9 of 34 pagesVendor: TF Harper & Associates, LP240702
3 Minimum Percentage Discount Offered to TIPS Members on all Part 1 Goods and Services (READ
6
CAREFULLY)
Please read thoroughly and carefully as an error on your response can render your Part 1 contract
award unusable. If you are not proposing on Part 1, you must still respond to proceed but it will not
apply to you unless you decide to propose and are awarded on Part 1.
TIPS Members often turn to TIPS Contracts for ease of use and to receive discounted pricing.
If awarded on Part 1, what is the minimum percentage discount that you can offer TIPS Members off of all
Part 1 goods and service pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another
accepted format) that you offer? Only limited goods/services specifically identified and excluded from this
Vendor must respond with a percentage from 0%-100%. The percentage discount that you input below will be
applied to your Part 1 "Catalog Pricing", as defined in the solicitation, for all TIPS Sales made during the life of the
contract. You cannot alter this percentage discount once the solicitation legally closes. You will always be required
to discount every TIPS Sale by the percentage included below with the exception of limited goods/services
If you add goods or services to
your "Catalog Pricing" during the life of the contract, you will be required to sell those new items with this discount
applied.
Example: In this example, you enter a 10% minimum percentage discount below. In year-one of your TIPS
Contract, your published Part 1 "Catalog Pricing" (website/store/published pricing) for "Material A" is $100 and for
"Material A Maintenance Service" is $100. In this example, you must sell those items under the Part 1 TIPS Contract
at the proposed 10% discounted price of: "Material A" - $90, "Material A Maintenance Service" - $90.In year two of
your TIPS Contract, you update your Part 1 "Catalog Pricing" with the market. You add "Material B" to your "Catalog
Pricing" for $200 and have increased the price of "Material A" to $110 and the price of "Material A Maintenance
Service" to $110. In this example, after the Part 1 "Catalog Pricing" update, you must still sell those items under the
Part 1 TIPS Contract at the proposed 10% discounted price of: "Material A" - $99, "Material A Maintenance Service"
- $99, and "Material B" - $180.00.
original proposal, if you cannot honor the discount on all Part 1 goods and items now included or which may be
added in the future with certainty, then you should offer a lesser discount percentage below.
If awarded on Part 1, what is the minimum percentage discount that you can offer TIPS Members off of all
Part 1 goods and service pricing (whether offered through Pricing Form 1, Pricing Form 2, or in another
accepted format) that you offer?
10%
3 Honoring Vendor's Part 1 Minimum Percentage Discount
7
Vendor is asked in these Attribute Questions to provide a Minimum Percentage Discount offered to TIPS Members
on all Part 1 goods and services sold under the TIPS Contract. If proposing on Part 1, points will be assigned for
your response and scoring of your Part 1 proposal will be affected. On your Part 1 evaluation, a "YES" answer will
be awarded the maximum 10 points and a "NO" answer will be awarded 0 points.If you are not proposing on Part 1,
you must still answer to proceed but this term will not apply to you or affect your scoring unless you decide to
propose and are awarded on Part 1.
If awarded on Part 1, does Vendor agree to honor the Minimum Percentage Discount off of their TIPS "Catalog
Pricing" that Vendor proposed for all TIPS Sales made for the duration of the TIPS Contract?
Yes, Vendor agrees
Page 10 of 34 pagesVendor: TF Harper & Associates, LP240702
3 Volume and Additional Discounts
8
In addition to the Part 1 Minimum Percentage Discount proposed herein, does Vendor ever expect and intend to
offer additional, greater, or volume discounts to TIPS Members?
If proposing on Part 1, point(s) may be assigned for your response in the Part 1 category of "Pricing" during scoring
and evaluation. If you are not proposing on Part 1, you must respond to proceed but no points will be assigned for
your response.
Yes
3 Part 1 "Catalog Pricing" and Pricing Requirements
9
This is a requirement of the Part 1 TIPS Contract and is non-negotiable. If you are not proposing on Part
1, you must still agree to proceed but it will not apply to you unless you decide to propose and are
awarded on Part 1.
In this solicitation and resulting contract, Part 1 "Catalog Pricing" shall be defined as:
"The then available list of goods or services, in the most current listing regardless of date, that takes the form of a
catalog, price list, price schedule, shelf-price or other viewable format that:
A.is regularly maintained by the manufacturer or Vendor of an item; and
B.is either published or otherwise available for review by TIPS or a customer during the purchase process;
C.to which the Minimum Percentage Discount proposed by the proposing Vendor may be applied.
If awarded on Part 1 of this TIPS Contract, for the duration of the contract, Vendor agrees to provide, upon request,
their then current "Catalog Pricing." Or, in limited circumstances where Vendor has proposed the Percentage Mark-
Up method of pricing in this proposal, proof of Vendor's "cost" may be accepted by TIPS in place of catalog pricing.
YES
4 REQUIRED FOR PART 2 - Vendor's Regular Hours RS Means Coefficient
0
What is Vendor's Regular Hours RS Means Coefficient? If you do not intend to propose on Part 2, you may
enter a "0" in order to continue.
The RS Means Price Book is a unit price book adjusted for different geographic areas by using the City Cost Index
for each location. You may visit https://www.rsmeans.com for more information.
You must review the TIPS Part 2 RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab prior to
responding herein.
To propose the RS Means Price Book pricing exactly, Vendor would insert a 1.0 as their Regular Hours RS Means
Coefficient below, to propose a 5% discount off of the RS Means Price Book Vendor would insert a .95 as their
Regular Hours RS Means Coefficient below. To see the full scoring rubric and use TIPS scoring calculator, please
view the TIPS RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab.
Insert Vendor's Regular Hours RS Means Coefficient below. If you do not intend to propose on Part 2, you may
enter a "0" in order to continue.
7
Page 11 of 34 pagesVendor: TF Harper & Associates, LP240702
4 REQUIRED FOR PART 2 - Vendor's After-Hours RS Means Coefficient
1
What is Vendor's After-Hours RS Means Coefficient? If you do not intend to propose on Part 2, you may enter
a "0" in order to continue.
The RS Means Price Book is a unit price book adjusted for different geographic areas by using the City Cost Index
for each location. You may visit https://www.rsmeans.com for more information.
You must review the TIPS Part 2 RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab prior to
responding herein.
The most common After-Hours RS Means Coefficient is "time-and-a-half" of the standard RS Means Unit Price
Book. For example, if Vendor's Regular Hours Coefficient above is .95, Vendor would assert an After-Hours RS
Means Coefficient of 1.45 for "time-and-a-half" pricing. To see the full scoring rubric and use TIPS scoring
calculator, please view the TIPS RS Means JOC Pricing Explanation & Rubric under the "Attachments" tab.
Insert Vendor's After-Hours RS Means Coefficient below. If you do not intend to propose on Part 2, you may
enter a "0" in order to continue.
10
4 REQUIRED FOR PART 2 - Vendor's Percentage Markup of Items not Pre-Priced within the RS Means
2
Price Book
Here, Vendor must enter a percentage, not a coefficient. If you do not intend to propose on Part 2, you may
enter a "0" in order to continue.
If Vendor sells items which cannot be found in the RS Means Price Book, at what Percentage Markup does Vendor
agree to sell those Non Pre-Priced items? This is a maximum Percentage Markup and Vendor may always offer
customers a lesser markup.
Example: In this example, Vendor is selling a project to a TIPS Member school district and some of the contract
pricing for special materials cannot be verified because it cannot be found in the RS Means Price book. Vendor
may sell those specialty items to the Member this percentage markup from cost. In this example, if one of the
specialty items cost Vendor $100 from the manufacturer and Vendor proposed a Percentage Markup of 30% here,
then Vendor could sell the item to the TIPS Customer for $130.00 or less in this example.
Vendor must provide TIPS with manufacturer documentation reflecting the cost of any non pre-priced item at the
time of the TIPS sale so that TIPS can verify that the proposed percentage markup is being honored.
What is Vendor's Percentage Markup of items not Pre-Priced within the RS Means Price Book? If you do not
intend to propose on Part 2, you may enter a "0" in order to continue.
10%
Page 12 of 34 pagesVendor: TF Harper & Associates, LP240702
4 REQUIRED FOR PART 2 - TIPS Pricing and Line Item Estimate Pricing Requirements
3
This is a requirement of the Part 2 TIPS Contract and is non-negotiable. If you are not proposing on Part
2, you must still agree to proceed but it will not apply to you unless you decide to propose and are
awarded on Part 2.
Vendor must respond to the required pricing attributes above seeking RS Means coefficients and a percentage
markup if seeking to propose on Part 2.
If awarded on Part 2 of this TIPS Contract, for the duration of the contract, Vendor agrees to provide a RS Means
line-item estimate to TIPS for each anticipated Part 2 TIPS project or sale. Or, in limited circumstances in contracts
where Xactimate pricing is also expressly permitted and Vendor also submits Xactimate pricing under Part 2, Vendor
may instead provide an Xactimate line-item estimate to TIPS. However, Vendor agrees that when a TIPS Member
Customer seeks a quote for a Part 2 TIPS sale, Vendor will always supply a line-item estimate to TIPS for review and
approval.
Yes, Vendor agrees
4 EXCEPTIONS & DEVIATIONS TO TIPS STANDARD TERMS AND CONDITIONS
4
Vendor agrees that, if awarded, Vendor's final TIPS Part 1 and/or Part 2 Contract will consist of the provisions set
forth in the finalized TIPS Vendor Agreement, Vendor's responses to these attribute questions, and: (1) The
corresponding TIPS solicitation document resulting in this Agreement; (2) Any addenda or clarifications issued in
relation to the corresponding TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through
accepted required attachments, acknowledged notices and certifications, accepted negotiated terms, accepted
properly included attachments to the TIPS Contract. In the event of conflict between the terms of the finalized
Vendor Agreement and one of the incorporated documents the terms and conditions which are in the best interest
of governmental/qualifying non-profit TIPS Members shall control at TIPS sole discretion.
If Vendor responds, "No, Vendor does not agree" to this Attribute, after this solicitation legally closes and TIPS
begins evaluating Vendor's file, TIPS will provide Vendor with a draft Word Document version of the Vendor
Agreement and will be instructed to include all requested negotiations as redline edits for TIPS consideration. This
is the only proper way to submit proposed deviations for TIPS consideration. TIPS reserves the right to accept,
decline, or modify Vendor's requested negotiated terms. For this reason, answering "No, Vendor does not agree"
may ultimately delay or prevent award.
Does Vendor agree with TIPS standard terms and conditions as presented in the TIPS solicitation document (RFP,
RCSP, RFQ, or other) and the TIPS Vendor Agreement document?
Yes, Vendor agrees
Page 13 of 34 pagesVendor: TF Harper & Associates, LP240702
4 TIPS Sales Reporting Requirements
5
This is a requirement of the TIPS Contract and is non-negotiable.
By submitting this proposal, Vendor certifies that Vendor will properly report all TIPS sales. With the exception of
TIPS Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales
must be reported to TIPS by either:
TIPS Contract Name and Number included) to TIPS at tipspo@tips-usa.com
(2) Within 3 business days of the order being accepted by Vendor, Vendor must login to the TIPS Vendor Portal and
successfully self-report all necessary sale information within the Vendor Portal and confirm that it shows up
accurately on your current Vendor Portal statement.
No other method of reporting is acceptable unless agreed to by the Parties in writing. Failure to report all sales
discretion.
4 TIPS Administration Fee Requirement and Acknowledgment
6
This is a requirement of the TIPS Contract and is non-negotiable.
The collection of fees by TIPS, a government entity, for performance of these procurement services is required
pursuant to Texas Government Code Section 791.011 et. seq. The TIPS Administration Fee is the amount legally
owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a set
percentage of each TIPS Sale legally due to TIPS, but the exact TIPS Administration Fee for this Contract is
published in the corresponding RFP or RCSP document. TIPS Administration Fees are due to TIPS immediately
By submitting a proposal, Vendor agrees that it has read, understands, and agrees to the published TIPS
Administration Fee amount, calculation, and payment requirements. By submitting a proposal Vendor further
confirms that all TIPS Pricing includes the TIPS Administration Fee and Vendor will not show adding the TIPS
Administration Fee as a charge or line-item in any TIPS Sale.
4 TIPS Member Access to Vendor Proposal & Documentation
7
This is a requirement of the TIPS Contract and is non-negotiable.
Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation
to
TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or
distribution of information or documentation to TIPS Members or by TIPS Members. By submitting this proposal,
Vendor certifies the foregoing.
Page 14 of 34 pagesVendor: TF Harper & Associates, LP240702
4 Non-Collusive Bidding Certificate
8
This is a requirement of the TIPS Contract and is non-negotiable.
By submission of this proposal, the Vendor certifies that:
1) This proposal has been independently arrived at without collusion with any other entity, bidder, or with any
competitor;
2) This proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids,
or proposals for this project, to any other bidder, competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to modify, submit, or
not to submit a bid or proposal; and
4) The person signing this bid or proposal certifies that they are duly authorized to execute this proposal/contract
on behalf of Vendor and they have fully informed themselves regarding the accuracy of the statements contained in
this certification, and under the penalties being applicable to the bidder as well as to the person signing in its
behalf;
4
9
This is a requirement of the TIPS Contract and is non-negotiable.
By submission of this bid or proposal, Vendor certifies under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this proposal/contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Vendor) identified herein;
(2) In connection with this proposal, neither I nor any representative of Vendor has violated any provision of the
Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this proposal, neither I nor any representative of the Vendor has violated any federal antitrust
law;
(4) Neither I nor any representative of Vendor has directly or indirectly communicated any of the contents of this bid
to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the
same line of business as the Company.
5
0
This is a requirement of the TIPS Contract and is non-negotiable.
or an agreement collateral to or
affecting the construction contract, from containing a provision making the contract or agreement, or any conflict
arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party
obligated by the contract or agreement to perform the work.
By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract
with a Texas TIPS Member under this procurement, Vendor certifies compliance.
Page 15 of 34 pagesVendor: TF Harper & Associates, LP240702
5 Required Confidentiality Claim Form
1
This is a requirement of the TIPS Contract and is non-negotiable.
TIPS provides the required TIPS Confidentiality Claim Form in the "Attachments" section of this solicitation. Vendor
must execute this form by either signing and waiving any confidentiality claim, or designating portions of Vendor's
proposal confidential.If Vendor considers any portion of Vendor's proposal to be confidential and not subject to
identified the claimed confidential materials through proper execution of the Confidentiality Claim Form.
If TIPS receives a public information act or similar request, any responsive documentation not deemed confidential
by you in this manner will be automatically released. For Vendor documents deemed confidential by you in this
manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be
liable for any release of information required by law, including Attorney General determination and opinion.
Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential.
5 Non-Discrimination Statement and Certification
2
This is a requirement of the TIPS Contract and is non-negotiable.
In accordance with Federal civil rights law, all U.S. Departments, including but not limited to the USDA, USDE, FEMA,
are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a
public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or
activity conducted or funded by federal funds (not all bases apply to all programs).
Vendor certifies that Vendor will comply with applicable Non-Discrimination and Equal Opportunity provisions set
governments.
Yes, I certify
5 Limitation of Vendor Indemnification and Similar Clauses
3
This is a requirement of the TIPS Contract and is non-negotiable.
TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the
State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas
Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent
jurisdiction.Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of
a contractually imposed obligation of indemnity
creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which
require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any
applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and
Laws of the State of Texas."
Does Vendor agree?
Yes, I Agree
Page 16 of 34 pagesVendor: TF Harper & Associates, LP240702
5 Alternative Dispute Resolution Limitations
4
This is a requirement of the TIPS Contract and is non-negotiable.
TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the
State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be
permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement,
except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding
mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the
filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus
County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of
Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the
Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of
Texas.
Does Vendor agree?
Yes, Vendor agrees
5 No Waiver of TIPS Immunity
5
This is a requirement of the TIPS Contract and is non-negotiable.
Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity;
nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities
available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the
enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service
Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such
privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel.
Does Vendor agree?
Yes, Vendor agrees
5 Payment Terms and Funding Out Clause
6
This is a requirement of the TIPS Contract and is non-negotiable.
Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due
balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member.
Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to
TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and
appropriation of currently available funds by the entity or its governing body.
Does Vendor agree?
Yes, Vendor agrees
5 Certification Regarding Prohibition of Certain Terrorist Organizations (Tex. Gov. Code 2270)
7
contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist
Organization by the U.S. Secretary of State.
Does Vendor certify?
Yes, Vendor certifies
Page 17 of 34 pagesVendor: TF Harper & Associates, LP240702
5 Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271)
8
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement or any agreement with a TIPS Member under this procurement has value of $100,000 or more, the
following certification shall apply; otherwise, this certification is not required. Vendor certifies, where applicable, that
neither the Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any, boycotts Israel, and Vendor
agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory but does
not include an action made for ordinary business purposes.
When applicable, does Vendor certify?
Yes, Vendor certifies
5 Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov.
9
Code 2274)
Certain public entities are prohibited from entering into a contract or other agreement relating to critical
infrastructure that would grant Vendor direct or remote access to or control of critical infrastructure in this state,
excluding access specifically allowed by a customer for product warranty and support purposes.
Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned
by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are
citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including
governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China,
Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a
designated country.
that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty
and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned,
controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the
Governor.
When applicable, does Vendor certify?
Yes, Vendor certifies
Page 18 of 34 pagesVendor: TF Harper & Associates, LP240702
6 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex.
0
Gov. Code 2274)
If (a) Vendor is not a sole proprietorship; (b) Vendor has at least ten (10) full-time employees; and (c) this
Agreement or any Supplemental Agreement with certain public entities have a value of at least $100,000 that is
paid wholly or partly from public funds; (d) the Agreement is not excepted under Tex. Gov. Code 2274 and (e) the
purchasing public entity has determined that Vendor is not a sole-source provider or the purchasing public entity
has not received any bids from a company that is able to provide this written verification, the following certification
shall apply; otherwise, this certification is not required.
Vendor certifies that Vendor, or association, corporation, partnership, joint venture, limited partnership, limited
liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary
parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of this contract against a firearm entity or firearm trade association.
association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an
existing business relationship with the entity or association based solely on its status as a firearm entity or firearm
trade association; or (3) terminate an existing business relationship with the entity or association based solely on its
of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm
continuing an existing business relationship, or decision to terminate an existing business relationship to comply
with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional
When applicable, does Vendor certify?
Yes, Vendor certifies
6 Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374)
1
If Vendor is not a governmental body and (a) this Agreement or any Supplemental Agreement with a public entity
has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by certain public
entities; or (b) this Agreement or any Supplemental Agreement results in the expenditure of at least $1 million in
public funds for the purchase of goods or services by certain public entities in their fiscal year, the following
certification shall apply; otherwise, this certification is not required.
As required by Tex. Gov. Code 552.374, the following statement is included in the RFP and the Agreement (unless
the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral
of Subchapter J, Chapter 552, Government Code, may apply to this solicitation and Agreement and the Vendor
agrees that this Agreement and any applicable Supplemental Agreement can be terminated if Vendor knowingly or
Pursuant to Chapter 552 of the Texas Government Code, Vendor certifies that Vendor shall: (1) preserve all
contracting information related to this Agreement as provided by the records retention requirements applicable to
TIPS or the purchasing TIPS Member for the duration of the Agreement; (2) promptly provide to TIPS or the
purchasing TIPS Member any contracting information related to the Agreement that is in the custody or possession
of Vendor on request of TIPS or the purchasing TIPS Member; and (3) on completion of the Agreement, either (a)
provide at no cost to TIPS or the purchasing TIPS Member all contracting information related to the Agreement that
is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as
provided by the records retention requirements applicable to TIPS or the purchasing TIPS Member.
When applicable, does Vendor certify?
Yes, Vendor certifies
Page 19 of 34 pagesVendor: TF Harper & Associates, LP240702
6 Certification Regarding Prohibition of Boycotting Certain Energy Companies (Tex. Gov. Code 2274)
2
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this
Agreement or any Supplemental Agreement with certain public entities has a value of $100,000 or more that is to
be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not
required.
Vendor certifies that Vendor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate
of these entities or business associations, if any, do not boycott energy companies and will not boycott energy
companies during the term of the Agreement or any applicable Supplemental Agreement.
partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to
make a profit.
terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or
limit commercial relations with a company because the company (a) engages in the exploration, production,
utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet
environmental standards beyond applicable federal and state law, or (b) does business with a company described
When applicable, does Vendor certify?
Yes, Vendor certifies
6 Felony Conviction Notice - Texas Education Code 44.034
3
Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states, "a person or
business entity that enters into a contract with a school district must give advance notice to the district if the person
or an owner or operator of the business entity has been convicted of a felony. The notice must include a general
Subsection (b) states, "a school district may terminate a contract with a person or business entity if the district
determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented
the conduct resulting in the conviction. The district must compensate the person or business entity for services
Subsection (c) states, "This section does not apply to a publicly held corporation.
Vendor certifies one of the following:
A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable, or;
B. My firm is not owned nor operated by anyone who has been convicted of a felony, or;
C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.
If Vendor responds with Option (C), Vendor is required to provide information in the next attribute.
B. My firm is not owned nor operated by felon.
Page 20 of 34 pagesVendor: TF Harper & Associates, LP240702
6 Felony Conviction Notice - Texas Education Code 44.034 - Continued
4
If Vendor selected Option (C) in the previous attribute, Vendor must provide the following information herein:
1. Name of Felon(s)
2. The Felon(s) title/role in Vendor's entity, and
3. Details of Felon(s) Conviction(s).
N/A
6 Conflict of Interest Questionnaire Requirement
5
Vendor agrees that it has looked up, read, and understood the current version of Texas Local Government Code
Chapter 176 which generally requires disclosures of conflicts of interests by Vendor hereunder if Vendor:
(1) has an employment or other business relationship with a local government officer of our local governmental
entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of our local governmental entity, or a family member of the officer, one or
more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section
176.003(a-1); or
(3) has a family relationship with a local government officer of our local governmental entity.
(4) Any other financial, commercial, or familial relationship with our local government that may warrant reporting
under this statute.
Does Vendor certify that it has NO reportable conflict of interest?
Yes, Vendor certifies - VENDOR HAS NO CONFLICT
6 Conflict of Interest Questionnaire Requirement - Form CIQ - Continued
6
If you responded "No, Vendor does not certify - VENDOR HAS CONFLICT" to the Conflict of Interest Questionnaire
question above, you are required by law to fully execute and upload the form attachment entitled "Conflict of
Interest Questionnaire - Form CIQ." If you accurately claimed no conflict above, you may disregard the form
attachment entitled "Conflict of Interest Questionnaire - Form CIQ."
Have you uploaded this form if applicable?
Not Applicable
6 Upload of Current W-9 Required
7
Vendors are required by TIPS to upload a current, accurate W-9 Internal Revenue Service (IRS) Tax Form for your
entity. This form will be utilized by TIPS to properly identify your entity.
You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier
Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9.
6 Regulatory Good Standing Certification
8
Does Vendor certify that its entity is in good standing will all government entities and agencies, whether local, state,
or federal, that regulate any aspect of Vendor's field of work or business operations?
If Vendor selects "No", Vendor must provide explanation on the following attribute question.
Yes, Vendor certifies
Page 21 of 34 pagesVendor: TF Harper & Associates, LP240702
6 Regulatory Good Standing Certification - Explanation - Continued
9
If Vendor responded to the prior attribute that "No", Vendor is not in good standing, Vendor must provide an
explanation of that lack of good standing here for TIPS consideration.
N/A
7 Instructions Only - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
0
Instructions for Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is
providing the certification set out herein in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification in addition to other remedies available to the federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and / or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the
federal government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and / or debarment.
Page 22 of 34 pagesVendor: TF Harper & Associates, LP240702
7 Suspension or Debarment Certification
1
Read the instructions in the attribute above and then answer the following accurately.
Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
Does Vendor certify?
Yes, Vendor certifies
7 Vendor Certification of Criminal History - Texas Education Code Chapter 22
2
Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain
criminal history record information regarding covered employees. Contractors must certify to the district that they
have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school
district pursuant to this law.
DEFINITIONS
Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related
to the service to be performed at the District and have or will have direct contact with students. The District will be
the final arbiter of what constitutes direct contact with students.
Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or
one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a)
a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a
sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law
or the laws of another state.
Vendor certifies:
NONE (Section A):Noneof the employees of Vendor and any subcontractors are covered employees, as defined
above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure
that the employees of Vendor and any subcontractor will not become covered employees. Contractor will maintain
these precautions or conditions throughout the time the contracted services are provided under this procurement.
OR
SOME (Section B): Some or all of the employees of Vendor and any subcontractor are covered employees. If this
box is checked, I further certify that: (1) Vendor has obtained all required criminal history record information
regarding its covered employees. None of the covered employees has a disqualifying criminal history; (2) If Vendor
receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately
remove the covered employee from contract duties and notify the purchasing entity in writing within 3 business
days; (3) Upon request, Vendor will provide the purchasing entity with the name and any other requested
information of covered employees so that the purchasing entity may obtain criminal history record information on
the covered employees; (4) If the purchasing entity objects to the assignment of a covered employee on the basis
of the covered employee's criminal history record information, Vendor agrees to discontinue using that covered
employee to provide services at the purchasing entity.
Which option does Vendor certify?
Yes, I certify - NONE (Section A)
Page 23 of 34 pagesVendor: TF Harper & Associates, LP240702
7 Certification Regarding "Choice of Law" Terms with TIPS Members
3
Vendor agrees that if any "Choice of Law" provision is included in any sales agreement/contract between Vendor
and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the sales agreement/contract
between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS Member
expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a "Choice of Law" clause that
conflicts with these terms is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Venue" Terms with TIPS Members
4
Vendor agrees that if any "Venue" provision is included in any sales agreement/contract between Vendor and a
TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution is shall be
in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise.Any
TIPS Sale Supplemental Agreement containing a "Venue" clause that conflicts with these terms is rendered void and
unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Automatic Renewal" Terms with TIPS Members
5
Vendor agrees that no TIPS Sale may incorporate an "Automatic Renewal" clause that exceeds month to month
terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental
Agreement shall only be valid and enforceable when Vendor received written confirmation of acceptance of the
renewal term from the TIPS Member for the specific renewal term. The purpose of this clause is to avoid a TIPS
Member inadvertently renewing a Supplemental Agreement during a period in which the governing body of the TIPS
Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. Any TIPS Sale
Supplemental Agreement containing an "Automatic Renewal" clause that conflicts with these terms is rendered void
and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
Page 24 of 34 pagesVendor: TF Harper & Associates, LP240702
7 Certification Regarding "Indemnity" Terms with TIPS Members
6
Texas and other jurisdictions restrict the ability of governmental entities to indemnify others.Vendor agrees that if
any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any sales
agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by
including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of \[TIPS
Member's State\]" unless the TIPS Member expressly agrees otherwise.Any TIPS Sale Supplemental Agreement
containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 Certification Regarding "Arbitration" Terms with TIPS Members
7
Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor
and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if
any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member,
that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees
is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
Yes, Vendor agrees
7 2 CFR PART 200 AND FEDERAL CONTRACT PROVISIONS EXPLANATION
8
TIPS and TIPS Members will sometimes seek to make purchases with federal funds.In accordance with 2 C.F.R.
Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Vendor's response to the following questions labeled "2 CFR Part 200 or
Federal Provision" will indicate Vendor's willingness and ability to comply with certain requirements which may be
applicable to TIPS purchases paid for with federal funds, if accepted by Vendor.
Your responses to the following questions labeled "2 CFR Part 200 or Federal Provision" will dictate whether TIPS
can list this awarded contract as viable to be considered for a federal fund purchase.Failure to certify all
requirementslabeled "2 CFR Part 200 or Federal Provision" will mean that your contract is listed as not
viable for the receipt of federal funds. However, it will not prevent award.
If you do enter into a TIPS Sale when you are accepting federal funds, the contract between you and the TIPS
Member will likely require these same certifications.
Page 25 of 34 pagesVendor: TF Harper & Associates, LP240702
7 2 CFR Part 200 or Federal Provision - Prohibition of Cost Plus
9
Contracts paid with federal funds which exceed the simplified acquisition threshold currently set at $250,000 (2 CFR
200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C.
1908, may not utilize a cost plus percentage of cost and percentage of cost method of contract pricing. Pursuant to
the above, when federal funds are expended by ESC Region 8 and TIPS Members for a TIPS Sale resulting from
this procurement process which exceeds the simplified acquisition threshold, Vendor shall not utilize a cost plus a
percentage of cost and percentage of cost method of contract pricing for that expenditure. If Vendor fails to certify
and proposes a Cost Plus Markup Method of pricing anywhere in their proposal, Vendor will not be listed as
federally/EDGAR compliant for TIPS purposes.
Does Vendor certify?
Yes, Vendor agrees.
8 2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds
0
This certification is not required by federal law. However, TIPS Members are public entities and qualifying non-
profits which often receive federal funding and grants (ESSER, CARES Act, EDGAR, etc.)Accepting such funds
often requires additional required certifications and responsibilities for Vendor. The following attribute
questions include these required certifications. Your response to this questions, the following certifications, and
other factors will determine whether your contract award will be deemed as eligible for federal fund expenditures by
TIPS Members.
If awarded, is Vendor willing to accept payment for goods and services offered under this contract paid for by a
TIPS Member with federal funds?
Yes
8 2 CFR Part 200 or Federal Provision - Contracts
1
Contracts for more than the simplified acquisition threshold currently set at $250,000 , which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region
8 and TIPS Members reserve all rights and privileges under the applicable laws and regulations with respect to this
procurement in the event of breach of contract by either party.
Does vendor agree?
Yes, Vendor agrees
Page 26 of 34 pagesVendor: TF Harper & Associates, LP240702
8 2 CFR Part 200 or Federal Provision - Termination
2
Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement
process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach
of terms and conditions. ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess
of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded
vendor. The Vendor would be compensated for work performed and goods procured as of the termination date if for
convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive
and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in
the best interest of the ESC Region 8 and TIPS.
Does vendor agree?
Yes, Vendor agrees
8 2 CFR Part 200 or Federal Provision - Clean Air Act
3
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members require that the proposer certify that during the term of an award by the ESC
Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the
above regulations, including all of the terms listed and referenced therein.
Does vendor agree?
Yes, Vendor agrees
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment
4
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members require the proposer certify that during the term and during the life of any contract with ESC Region
8 and TIPS Members resulting from this procurement p rocess the vendor certifiesthat it is in compliance with all
applicable provisions of theByrdAnti-LobbyingAmendment(31 U.S.C. 1352).
Does Vendor agree?
Yes, Vendor agrees
Page 27 of 34 pagesVendor: TF Harper & Associates, LP240702
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
5
Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds
Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by
theByrdAnti-Lobbying Amendment (31U.S.C.1352). This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal
contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall
certify and disclose accordingly.
Does Vendor certify that it has NOT lobbied as described herein?
Yes, Vendor certifies - NO Reportable Lobbying
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
6
If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must
download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form -
LLL", as instructed, to report the lobbying activities you performed or paid others to perform.
8 2 CFR Part 200 or Federal Provision - Federal Rule
7
Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of
amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify compliance?
Yes, Vendor certifies
Page 28 of 34 pagesVendor: TF Harper & Associates, LP240702
8 2 CFR Part 200 or Federal Provision - Procurement of Recovered Materials
8
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2)
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.
Does vendor certify that it is in compliance with these provisions?
Yes, Vendor certifies
8 2 CFR Part 200 or Federal Provision - Rights to Inventions
9
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
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that
during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable
requirements as referenced in the Federal rule above.
Does vendor certify?
Yes, Vendor certifies
Page 29 of 34 pagesVendor: TF Harper & Associates, LP240702
9 2 CFR Part 200 or Federal Provision - Domestic Preferences for Procurements and Compliance with
0
Buy America Provisions
As appropriate and to the extent consistent with law, TIPS Member Customers, to the greatest extent practicable
under a Federal award, may provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). Vendor agrees that the requirements of this section will be included in all subawards
including all contracts and purchase orders for work or products under this award, to the greatest extent practicable
under a Federal award.
steel products, that all manufacturing processes, from the initial melting stag through the application of coatings,
items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and
polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber,
and lumber.
Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act. Purchases made in
accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open
competition. For purposes of 2 CFR Part 200.322,
melting stage through the application of coatings, occurred in the United States.
metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products).
Does Vendor Certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Ban on Foreign Telecommunications
1
ESC 8 and TIPS Members are prohibited from obligating or expending Federal financial assistance, to include loan
or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and
physical security surveillance of critical infrastructure and other national security purposes, and video surveillance
and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the
purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies
technology as part of any system.
Does vendor certify?
Yes, Vendor certifies
Page 30 of 34 pagesVendor: TF Harper & Associates, LP240702
9 2 CFR Part 200 or Federal Provision - Contract Cost & Price
2
For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very
rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R.
200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member
regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Equal Employment Opportunity
3
Exceptas otherwiseprovided under 41 CFR Part 60, allcontractsthat meet the definition of assisted
in 41 CFR Part 60-1.3 mustinclude the equal opportunity clauseprovidedunder 41 CFR 60-1.4(b),in accordance with Executive
Order11246,Employment(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.339), as amended by
Order11246Relating to Equal Employment and implementing regulations at
41 CFR part 60,of Federal Contract Compliance Programs, Equal EmploymentOpportunity, Department of
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members on any federally
assisted construction contract, the equal
opportunity clause is incorporated by reference here.
Does Vendor Certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Davis Bacon Act Compliance
4
Texas Statute requires compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, allprimeconstruction contracts inexcessof $2,000 awardedbynon-Federal entities must
includeaprovisionforcompliancewith the Davis-Bacon Act (40U.S.C.3141-3144,and3146- 3148) as
supplementedbyDepartmentofLabor regulations (29 CFR Part5,to
ContractsCoveringFederallyFinancedand AssistedIn accordance with thestatute,contractors
must be requiredto pay wages to laborersandmechanicsat a rate notlessthanthe prevailing wages specifiedin a
wagedeterminationmadeby the SecretaryofLabor.Inaddition, contractors mustberequiredto pay wages not less
than once a week. The non-Federalentity must placeacopyof the current prevailing wagedeterminationissuedby
theDepartmentofLaborin each solicitation.Thedecisionto award a contractorsubcontractmustbeconditioned
upontheacceptance of the wage determination.The non-Federal entity mustreportallsuspectedorreported
violationstotheFederal awarding agency. The contracts mustalsoincludeaprovisionforcompliancewith the
CopelandAct(40U.S.C.3145), as supplementedbyDepartmentofLabor regulations(29 CFR Part
3,andSubcontractorsonPublic Building orPublicWorkFinancedinWholeor in Part by Loansor
GrantsfromtheUnitedprovidesthat each contractororsubrecipientmust be prohibitedfrom
inducing,by any means,anypersonemployedin the construction,completion,orrepairofpublicwork,togiveup
any part of the compensationto which he or she is otherwiseentitled. The non-Federalentitymustreportall
suspectedorreportedviolationsto the Federalawardingagency.
Pursuantto state and federal requirements, Vendor certifies that it will be in compliancewithallapplicableDavis-Bacon
Actprovisions if/when applicable.
Does Vendor certify?
Yes, Vendor certifies
Page 31 of 34 pagesVendor: TF Harper & Associates, LP240702
9 2 CFR Part 200 or Federal Provision - Contract Work Hours and Safety Standards
5
Where applicable, all contractsawardedby ESC 8 and TIPS Members inexcessof$100,000thatinvolvethe
employmentofmechanicsorlaborersmust include aprovisionforcompliancewith 40 U.S.C.3702 and 3704,as
supplementedbyDepartmentof Labor regulations (29CFRPart 5). Under40U.S.C.3702 of theAct, each contractor
mustberequiredtocomputethe wages of every mechanic andlaboreron the basisof a standard work week of 40
hours.Work in excessofthe standard work week is permissible provided thatthe worker is compensatedat a rateof
not less thanone and a half times thebasicrate of pay for allhours worked in excessof 40 hoursin the work week.
Therequirementsof 40 U.S.C. 3704 areapplicabletoconstruction work andprovidethat no laborerormechanicmust
berequiredto work in surroundingsorunder working conditions which are unsanitary, hazardous ordangerous.
Theserequirementsdo not applyto the purchasesofsuppliesormaterialsorarticlesordinarily available on the open
market,orcontractsfortransportationortransmissionofintelligence.
Pursuant to the above,when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifiesthat
duringthetermof an awardfor all contracts resultingfrom thisprocurementprocess,Vendorwill be in compliance
with all applicableprovisionsoftheContractWorkHoursand Safety StandardsAct.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records
6
If and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to and rights to reproduce any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract, or any contract resulting from
this procurement, for the purposes of making audits, examinations, excerpts, and transcriptions. This right also
includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating
to such documents. Vendor agrees to provide the FEMA Administrator or an authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges
and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or
internal reviews by the FEMA Administrator or the Comptroller General of the United States.
or likenesses of DHS agency officials without specific FEMA pre-approval.
(3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the
non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
(5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and
7
Conservation Act
When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any state mandatory standards and policies
relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance
with the Act.
Does Vendor certify?
Yes, Vendor certifies
Page 32 of 34 pagesVendor: TF Harper & Associates, LP240702
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy
8
Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $50,000.00, within the period of
performance, and which are performed outside of the United States, including U.S. territories, are subject to the
regulations implementing Never Contract with the Enemy in 2 CFR part 183. Per 2 CFR part 183, in the situation
specified, ESC 8 and TIPS Members shall terminate any contract or agreement resulting from this procurement
which violates the Never Contract with the Enemy regulation in 2 CFR part 183, including if Vendor is actively
opposing the United States or coalition forces involved in a contingency operation in which members of the the
Armed Forces are actively engaged in hostilities. Vendor certifies that it is neither an excluded entity under the
System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS)
for any contract terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with EPA Regulations
9
For contracts resulting from this procurement, in excess of $100,000.00 and paid for with federal funds, Vendor
certifies that Vendor will comply with all applicable standards, orders, regulations, and/or requirements issued
pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as
amended (33 U.S.C. 1368), Executive Order 117389andEnvironmentalProtectionAgencyRegulation,40CFRPart
15.
Does Vendor certify?
Yes, Vendor certifies
1 2 CFR Part 200 or Federal Provision - Record Retention Requirements
0
For contracts resulting from this procurement, paid for by ESC 8 or TIPS Members with federal funds, Vendor
0
certifies that Vendor will comply with the record retention requirements detailed in 200.334. Vendor certifies
200.334 for a period of three years after final expenditure or
financial reports, as applicable, and all other pending matters are closed.
Does Vendor certify?
Yes, Vendor certifies
1 2 CFR Part 200 or Federal Provision - Subcontracting and Affirmative Steps for Small and Minority
0
Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.
1
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful?
If you respond "Yes", you must respond to the following attribute question accurately. If you respond "No", you may
skip the following attribute question.
YES
Page 33 of 34 pagesVendor: TF Harper & Associates, LP240702
1 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued -
0
Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business
2
Enterprises, and Labor Surplus Area Firms.
Only respond to this question if you responded "Yes" to the attribute question directly above. Skip this
question if you responded "No" to the attribute question directly above.
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The
non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration
and the Minority Business Development Agency of the Department of Commerce ; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)
through (5) of this section.
Does Vendor certify?
Yes, Vendor certifies
1 ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY
0
By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by
3
Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on
behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers.
Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not
limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s).
Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this
solicitation.
Page 34 of 34 pagesVendor: TF Harper & Associates, LP240702
TIPS JOC 240702
REFERENCE LETTERS
1.CO San Marcos
2.CO Georgetown
3.Eanes ISD
(check applicable)
Jacquelyn Gonzales
07/15/1997
and my date of birth is _______________________.
1685 S FM 1626BudaTX78610USA
_______, ______________, _________.
(street)(city)(state)(zip code)(country)
HaysTexas10February25
State of ________________, on the _____day of ___________, 20_____.
(month)(year)
(Declarant)
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 3, 2025
SUBJECT: Consider Resolution No. 2025-020, Authorizing submission of the
application and acceptance of allocated funds if awarded for the
Texas Governor's Office Homeland Security Division FY2026 North
Texas Anti-Gang Center, Grant #2848911.
PRESENTER: Jeff Garner, 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 Goverffice to
continue this project and the funds must be disbursed to a governmental entity. The
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
county agencies. Tto
serve as the fiduciary and sponsoring agency for this grant. This grant application is a
continuation of the program to cover the annual operations budget for FY
2025/2026.
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 $60,881.04 representing
reimbursement of administrative costs for time and resources dedicated to the grant and
a maximum amount of $152,775.60 representing 15% of eligible modified total direct
costs in the FY2026 grant application. To continue the program through August 2026, an
operating budget of $5,182,964.20 is projected. The total grant application is
$5,396,620.84. The grant submission deadline is March 13, 2025.
RECOMMENDATION:
Approve Resolution No. 2025-020, Authorizing submission of the application and
acceptance of allocated funds if awarded for the Texas Governor's Office Homeland
Security Division FY2026 North Texas Anti-Gang Center, Grant #2848911.
RESOLUTION NO. 2025-020
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 SECURITY DIVISION
FY2026 NORTH TEXAS ANTI-GANG CENTER, GRANT #2848911
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) FY2026 North
Texas Anti-Gang Center, Grant #2848911; 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
15% of eligible modified total direct costs in the FY2026 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
6 North Texas Anti-Gang
Center Program Grant #2848911.
wĻƭƚƌǒƷźƚƓ bƚ͵ ЋЉЋЎΏЉЋЉ
tğŭĻ Њ ƚŅ Ћ
SECTION 3. The City Council of the City of North Richland Hills designates the Chief
of Police
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. All Resolutions of the City Council of the City in conflict herewith are
hereby amended or repealed to the extent of such conflict.
SECTION 6. This Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved.
PASSED AND APPROVED on this 3rd day of March, 2025.
CITY OF NORTH RICHLAND HILLS
By:___________________________
Jack McCarty, Mayor
ATTEST:
______________________________
Alicia Richardson, City Secretary and
Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
______________________________
Bradley A. Anderle, City Attorney
APPROVED AS TO CONTENT:
______________________________
Jeff Garner, Chief of Police
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 3, 2025
SUBJECT: PLAT25-0084 Consideration of a request from Hamilton Duffy PC
for a preliminary plat of Stonybrooke Park, being 7.993 acres located
at 8600 Rumfield Road.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY:
On behalf of Birdville ISD (owner) and Graham Hart (developer), Hamilton Duffy PC is
requesting approval of a preliminary plat of Stonybrooke Park. The 7.993-acre site is
located at the southeast corner of Rumfield Road and Stonybrooke Drive.
GENERAL DESCRIPTION:
The property under consideration is a 7.993-acre site with frontage on Rumfield Road,
Stonybrooke Drive, and Royal Ridge Drive. The property is undeveloped. Graham Hart,
a local homebuilder, proposes to develop the property into single-family residential lots.
The property is zoned R-2 (Single-Family Residential). The proposed development
includes 31 single-family residential lots and one new street that connects Stonybrooke
Drive and Royal Ridge Drive. The lot sizes range from 9,004 to 17,082 square feet with
an average size of 9,681 square feet. The minimum lot size in the R-2 (Single-Family
Residential) district is 9,000 square feet. The typical lot is 73 feet wide and 124 feet deep,
with a density of 3.88 dwelling units per acre.
As part of the approval of the preliminary plat, the Planning and Zoning Commission
approved requesting two exceptions from the subdivision regulations requested by the
developer. These exception requests are related to masonry screening walls and rear lot
utility locations. As permitted in Section 110-42 (Modifications, waivers, and exceptions),
the Commission may grant modifications, waivers, or exceptions to the Subdivision
Regulations. City Council consideration is only required if an applicant appeals the denial
of a request. A summary of the approved exceptions is described in more detail below.
Masonry screening walls
When the updated subdivision regulations became effective in July 2024, new standards
were adopted regarding masonry screening walls. The requirements for masonry
screening walls now apply to C2U Major Collector roadways, which would require a wall
to be constructed adjacent to Rumfield Road. In addition, for new residential subdivisions
that include five or more lots, a masonry screening wall must be constructed along the
rear or side lot lines of any lot adjacent to a perimeter street that exists at the time of
platting, regardless of the classification of the street on the Transportation Plan. This
would require a screening wall to be constructed on the side property lines of the new lots
adjacent to Stonybrooke Drive and Royal Ridge Drive.
The exhibit below indicates the required location for masonry screening walls. An
exception to the screening wall requirement was approved as it applies to two lots in the
southeast corner of the subdivision at the intersection of Royal Ridge Drive. The
screening walls adjacent to Rumfield Road and Stonybrook Driveare required to be
constructed; however, the requirement was waived on the subject lots.
Underground utility service lines
During the review of the plat, it was noted that electricity franchise utilities were planned
to be located at the front of the lots rather than the required rear location. Section 110-
367(c) of the subdivision regulations requires that all electrical, telecommunication, and
cable utilities be placed underground in an easement at the rear of the lots. This applies
to all new residential subdivisions platted after November 10, 2003.
As provided by Section 110-367(e), the Planning and Zoning Commission approved an
exception to allow electric and communicationutilities to be located in the front of the lot.
This type of exception request is usually considered as part of the preliminary plat phase.
The subdivision regulations authorize the Planning and Zoning Commission to approve
utility locations at the front of the lots subject to the following guidelines. City Council
approval of the exception is not required.
(1)Underground utility service lines mustbe located within a ten-foot wide
easement, equally divided and paralleling the side property line of two adjacent
lots. Aboveground electrical transformers and other utility appurtenances
located within such easements must be located five feet from the front building
setback line.
(2) Transformers must be hinged to provide rear service access. Access to the rear
must be free from obstructions. Additionally, the use of surface hand boxes
versus pedestals for electric utilities is required.
(3) Screening of the above ground appurtenance by a live vegetative screen is
recommended for the street front and sides of the pad. Maintenance of the
optional screening is the responsibility of the owners of the adjacent lots where
the appurtenance is located.
(4) In situations where the grade requires retaining walls, the transformer pad must
be located on the lower grade and the retaining walls jogged to accommodate
the transformer pad and provide adequate service access.
CURRENT ZONING: The property is zoned R-2 (Single-Family Residential). This district
is intended to provide areas for low density development of single-family detached
dwelling units which are constructed at an approximate density of 4.0 units per acre.
TRANSPORTATION PLAN: The development has frontage on the following streets.
Right-of-way dedication is not required for the property.
FUNCTIONAL
STREET LAND USE CONTEXT DESIGN ELEMENTS
CLASSIFICATION
2-lane divided roadway
Rumfield Road C2U Major Collector Suburban Commercial
68-foot right-of-way width
2-lane roadway
Stonybrooke Drive Local Road Suburban Residential
50-foot right-of-way width
2-lane roadway
Royal Ridge Drive Local Road Suburban Residential
50-foot right-of-way width
SURROUNDING ZONING | LAND USE:
DIRECTION ZONING LAND USE PLAN EXISTING LAND USE
R-2 (Single-Family Residential)
NORTH Low Density Residential Single-family residences
R-3 (Single-Family Residential)
R-2 (Single-Family Residential)
WEST Low Density Residential Single-family residences
R-1 (Single-Family Residential)
SOUTH R-2 (Single-Family Residential) Low Density Residential Single-family residences
EAST AG (Agricultural) Low Density Residential Single-family residence
PLAT STATUS: The property is unplatted. Approval of engineering plans for streets,
utilities, grading, and drainage, and a final plat would be required prior to any construction.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
considered this item at the February 20, 2025, meeting and voted 7-0 to approve the plat
with the conditions outlined in the Development Review Committee comments.
DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC)
recommends approval of the plat subject to the attached DRC comments. These
comments include minor revisions to notations and labeling on the drawing, addition of
utility easements and right-of-way corner clips, and requirements related to drainage and
engineering plans.
RECOMMENDATION:
Approve PLAT25-0084 with the conditions outlined in the Development Review
Committee comments.
SIVAD
SIVAD
Development Review Committee Comments | 2/4/2025
Case PLAT25-0084
StonybrookePark (8600 Rumfield Road)
WRITTEN STATEMENT OF CONDITIONS
The City of North Richland Hillsreceived this plat on January28,2025. TheDevelopment Review
Committee reviewed this plat on February 4, 2025. The following represents the written statement of the
conditions for CONDITIONAL APPROVAL of the plat.
1.While street names are not necessary to show on the drawing, provide a list of street names being
considered for the development. This will allow for review of the names to determine if there are
any potential conflicts with other street names within the city. NRH Subdivision Regulations §110-201
(Requirements for all plat drawings –street names)
2.Revisethe Planning and Zoning Commission and City Council approval blocksas shown below. NRH
Subdivision Regulations §110-203 (Additional requirements for plat drawings –certification of approval)
Approved by the Planning and Zoning Commission of the City
of North Richland Hills, Texas, on __________________ (date).
Chair -Planning and Zoning Commission
Secretary -Planning and Zoning Commission
Approved by the City Council of the City of North Richland
Hills, Texas, on __________________ (date).
Mayor, City of North Richland Hills
Attest: City Secretary
3.Add the following note to the plat: Above ground franchise utility appurtenances are not allowed
in the fronts of the properties.NRH Subdivision Regulations §110-201 (Requirements for all plat drawings –plat notes
and conditions)
4.Add the following note to the plat: The easements indicated on this plat are for the purpose of
constructing, using, and maintaining public utilities including underground conduits, manholes,
pipes, valves, posts, above ground cables, wires, or combinations thereof, together with the right
of ingress and egress to operate and maintain the public utilities.NRH Subdivision Regulations §110-201
(Requirements for all plat drawings –plat notes and conditions)
5.Add the following note to the plat: The driveways on Lots1and 14Block 1,and Lots 1and 10
Block 2must be located on Street A on the side of the lot furthest from the street intersection.
The driveway on Lot 17 Block 2 must be located on Royal Ridge Drive on the side of the lot furthest
from the street intersection. NRH Subdivision Regulations §110-201 (Requirements for all plat drawings –plat notes and
conditions) and NRH Public Works Design Manual §1-04 (Street system -street design criteria)
Page 1of 2| PLAT25-0084
6. Revise the 10’x10’ utility easements at the street intersection to a 10-foot by 10-foot corner clip
right-of-way dedication. These should be located at the intersection of Street A with Stonybrooke
Drive and Royal Ridge Drive, and at the intersection of Stonybrooke Drive and Royal Ridge Drive.
NRH Subdivision Regulations §110-232 (Generally – corner clip)
7. Add a 7.5-foot wide utility easement adjacent to the rear property line of all lots. NRH Subdivision
Regulations §110-201 (Requirements for all plat drawings – easements)
8. For new residential subdivisions that include five or more lots, a masonry screening wall must be
constructed along the rear or side lot lines of any lot adjacent to a perimeter street that exists at
the time of platting, regardless of the classification of the existing street on the Transportation
Plan.
A six-foot tall masonry screening wall is required on the side property lines of lots adjacent to
Stoneybrook Drive and Royal Ridge Drive. Add a 2.5-foot screening wall easement at these
locations. See the marked-up plat for specific locations. NRH Subdivision Regulations §110-261 (Masonry
screening wall requirements)
9. All electrical, telecommunications, and cable/fiber facilities are required to be placed
underground in an easement at the rear of the lot. The applicant may request an exception to the
rear lot location from the Planning and Zoning Commission, and the applicant must demonstrate
that rear lot locations are not technically or environmentally feasible. Utility services in locations
other than the required rear lot location must follow guidelines in Section 110-256(f) of the
subdivision regulations. NRH Subdivision Regulations §110-256 (Construction in public rights-of-way – underground
utilities)
10. Informational. A six-foot tall masonry screening wall must be constructed along the rear lot lines
adjacent to Rumfield Road. NRH Subdivision Regulations §110-261 (Masonry screening wall requirements)
DESIGN PRINCIPLES
The following comments represent suggested modifications to the plat drawing based on general NRH
design principles and standard practices in city planning. While conformance to these principles is not
required by the subdivision regulations, the applicant is encouraged to include these modifications as part
of the revised plat.
1. Add the City case number near the bottom right corner of the drawings (Case PLAT25-0084).
2. Comments regarding the preliminary civil plans for the project are noted on marked-up copies of
the plans. These comments should be addressed on the final construction plan set. For questions
concerning the civil plan comments, contact Nathan Frohman at 817.427.6410 or
nfrohman@nrhtx.com.
3. Prior to submittal of the final plat application, public infrastructure plans must be submitted for
review to the city engineer. A final plat application cannot be accepted until final construction
plans are approved.
Page 2 of 2 | PLAT25-0084
PLAT25-0084
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 3, 2025
SUBJECT: Ordinance No. 3899, Consideration of a request from Chris and Matt
Schoonover for a variance to the distance requirements for the sale
of alcohol for on-premise consumption at 8415 Davis Boulevard,
being 1.28 acres described as Lot 3R, Block 4, Brentwood Estates
Addition.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY:
Tarrant Parkway Baceline LLC is the owner of a 1.28 acre commercial property located
at the southwest corner of Davis Boulevard and North Tarrant Parkway. Prospective
tenants for a lease space in the building, Chris and Matt Schoonover, are seeking
approval of a variance to Section 6-31 (Alcoholic Beverages Establishments) of the Code
of Ordinances regarding the distance requirements from schools, churches, and hospitals
for the sale of alcohol for on-premise consumption.
GENERAL DESCRIPTION:
The subject building is a multitenant retail building that is part of the Tarrant Parkway
Plaza shopping center. The building is located near the southeast corner of the shopping
center. The business is proposed in suite 313, which was formerly occupied by a pet
boarding and day care business.
A letter from the proposed tenants is attached detailing the reasoning for the request. In
general, the applicants propose to open a tabletop games and arcade store called The
Mana Machine. As part of the business operation, they propose to offer the sale of canned
beer and cider for consumption on the premises.
Section 6-31 of the Code of Ordinances prohibits the sale of alcoholic beverages within
300 feet of any church, public or private school, or public hospital. The distance between
businesses is measured from front door to front door. A church is located in an adjacent
building to the west in the center, and the distance between the church and proposed
tenant space is approximately 190 feet. Since the separation between the church and
business is less than 300 feet, the prospective tenants are requesting a variance to the
distance standard.
As authorized by Section 6-31 and Section 109.33(e) of the Texas Alcoholic Beverage
Code, City Council may allow variances to the regulations if it is determined that
enforcement of the regulation in a particular instance is not in best interest of the public,
constitutes waste or inefficient use of land or other resources, creates an undue hardship
on an applicant for a license or permit, does not serve its intended purpose, is not effective
or necessary, or for any other reason, after consideration of the health, safety, and welfare
of the public and the equities of the situation, City Council determines is in the best interest
of the community.
The attached ordinance for consideration is written so that the variance to the alcohol
distance requirements is subject to the following conditions.
1. The property is authorized to be permitted for the sale of alcoholic beverages for
on-premise consumption within three hundred (300) feet of a church. The sale of
alcohol for off-premise consumption, such as convenience stores, beer and wine
stores, or similar businesses, are not authorized.
2. The variance to the alcohol distance requirements is valid only for a Wine and Beer
rmit (BG) permit type issued by the Texas Alcoholic Beverage
Commission and only for on-premise consumption.
3. The variance to the alcohol distance standards specifically excludes the Mixed
Beverage Permit (MB) and Mixed Beverage Late Hours Permit (LB) permit types
issued by the Texas Alcoholic Beverage Commission.
4. The variance to the alcohol distance requirements is valid for subsequent renewals
of alcohol permits on the property.
5. The variance to the alcohol distance requirements is not transferable to another
location or otherwise transferable to another entity that will have ownership interest
in the property without prior approval of City Council, which such approval may be
RECOMMENDATION:
Consider Ordinance 3899.
ORDINANCE NO. 3899
AN ORDINANCE OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS AUTHORIZING A VARIANCE TO THE
DISTANCE REQUIREMENTS FOR THE SALE OF
ALCOHOLIC BEVERAGES FOR ON-PREMISE
CONSUMPTION ON 1.28 ACRES LOCATED AT 8415
DAVIS BOULEVARD, PURSUANT TO CHAPTER 6,
ARTICLE II, SECTION 6-31, OF THE CODE OF
ORDINANCES OF THE CITY OF NORTH RICHLAND
HILLS; 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, Section 6-31(e) of the North Richland Hills Code of Ordinances authorizes
the City Council to grant variances from the alcohol distance requirements
prescribed by Section 6-31 (Sale of alcoholic beverages prohibited near
churches, schools, etc.) of the North Richland Hills Code of Ordinances;
and
WHEREAS, Tarrant Parkway Baceline LLC, the owner of 1.28 acres of property located
at 8415 Davis Boulevard, has submitted a request to permit on-premise
consumption of alcohol pursuant to specific permits allowed the Texas
Alcoholic Beverage Code, and is requesting a variance to the alcohol
distance standards for the property; and
WHEREAS, the City Council, after consideration of the health, safety, and welfare of the
public and the equities of the situation, finds that the enforcement of the
alcohol distance requirements in this particular instance is not in the best
interest of the public; constitutes waste or inefficient use of land or other
resources; creates an undue hardship on an applicant for an alcohol permit;
does not serve its intended purpose; and is not effective or necessary; and
WHEREAS, the City Council desires to grant the alcohol distance variance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: The City Council hereby finds the recitals above to be true and correct, and
such recitals are hereby incorporated into this Ordinance as if written
herein.
Ordinance No. 3899
Page 1 of 3
SECTION 2: The City Council hereby grants and authorizes a variance to the alcohol
distance requirements prescribed by Section 6-31 of the North Richland
hills Code of Ordinances for property located at 8415 Davis Boulevard, as
described in attached hereto and incorporated herein (the
described in in (Restrictions and Conditions on Variance)
attached hereto and incorporated for all purposes.
SECTION 3: This variance may be revoked by the City Council in the event the applicant
is found to be in violation of this Ordinance, Chapter 6 of the City Code of
Ordinances, or the Texas Alcoholic Beverage Code.
SECTION 4: 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 5: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase
of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 6: Any person, firm or corporation violating any provision of Chapter 6 of the
Code of Ordinance 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 Five Hundred Dollars ($500.00). Each
day any such violation shall be allowed to continue shall constitute a
separate violation and punishable hereunder.
SECTION 7: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in
the Code of Ordinances of the City of North Richland Hills that have
accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition
by the courts.
Ordinance No. 3899
Page 2 of 3
SECTION 8: 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 9: 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 3rd day of March, 2025.
CITY OF NORTH RICHLAND HILLS
By:_________________________________
Jack McCarty, Mayor
ATTEST:
_________________________________
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Bradley A. Anderle, City Attorney
APPROVED AS TO CONTENT:
_________________________________
Cori Reaume, Planning Director
Ordinance No. 3899
Page 3 of 3
Exhibit A Property Description Ordinance No. 3899 Page 1 of 1
Lot 3R, Block 4, Brentwood Estates Addition
8415 Davis Boulevard, North Richland Hills, Texas
BEING Lot 3R, Block 4, Brentwood Estates Addition, an addition in Tarrant County,
Texas, according to the map or plat thereof recorded in Cabinet A, Slide 5331, Plat
Records, Tarrant County, Texas.
9ǣŷźĬźƷ . wĻƭƷƩźĭƷźƚƓƭ ğƓķ /ƚƓķźƷźƚƓƭ ƚƓ ğƩźğƓĭĻ hƩķźƓğƓĭĻ bƚ͵ ЌБВВ tğŭĻ Њ ƚŅ Њ
Lot 3R, Block 4, Brentwood Estates Addition
8415 Davis Boulevard, North Richland Hills, Texas
A variance to the alcohol distance requirements authorized by Section 6-31 of the North Richland
Hills Code of Ordinances for property located at 8415 Davis Boulevard is granted subject to the
following conditions:
1. The property is authorized to be permitted for the sale of alcoholic beverages for on-
premise consumption within three hundred (300) of a church. The sale of alcohol for off-
premise consumption, such as convenience stores, beer and wine stores, or similar
businesses, are not authorized.
2. The variance to the alcohol distance requirements is valid only for a Wine and Beer
and only for on-premise consumption.
3. The variance to the alcohol distance standards specifically excludes the Mixed Beverage
Permit (MB) and Mixed Beverage Late Hours Permit (LB) permit types issued by the Texas
Alcoholic Beverage Commission.
4. The variance to the alcohol distance requirements is valid for subsequent renewals of
alcohol permits on the property.
5. The variance to the alcohol distance requirements is not transferable to another location
or otherwise transferrable another entity that will have ownership interest in the
property without prior approval of City Council, which such approval may be withheld in
CITY COUNCIL MEMORANDUM
FROM: The Office of the City DATE: March 3, 2025
Manager
SUBJECT: Consider the award of RFB No. 25-015 to Stabile & Winn, Inc., for
construction of the Ruth Road Project (ST2402) in the amount of
$526,298.50 and authorize the City Manager to execute the related
construction agreement.
PRESENTER: Nathan Frohman, City Engineer
SUMMARY:
The City Council is being asked to award RFB No. 25-015 to Stabile & Winn, Inc., and
authorize the City Manager to execute the related construction agreement for the Ruth
Road Project (ST2402).
GENERAL DESCRIPTION:
A bid opening was conducted for the Ruth Road Project on February 11, 2025. The
Ruth Road Project is a part of the approved 2020 Bond Program and will be the seventh
or arterial classification) roadway to begin construction under that
program. The scope of the project includes reconstruction of approximately 425 linear
feet of Ruth Road, from Glenview Drive to the new City Point development. The
improvements include reconstructing the existing roadway with reinforced concrete,
including the addition of pedestrian facilities. Additionally, the existing waterline will be
reconstructed. The road will be reconstructed within the existing right-of-way.
The project was structured with a base plus alternate format to provide an option for a
slight expansion of project scope at the discretion of the City Council if the alternate(s)
are deemed to be worth the additional expense. Both the base bid and alternate bid
include all core project components: paving, utility adjustments, pedestrian facilities,
traffic control, etc. The key difference between the base bid and alternate bid is with the
method of subgrade stabilization, as explained below:
Base Bid: Utilizing Reclaimed Asphalt Pavement (RAP) for subgrade
stabilization. This method consists of excavating the existing asphalt pavement,
pulverizing it, then mixing it with Portland cement and compacting.
Alternate Bid: Flexible Base for subgrade stabilization. This method consists of
excavating and hauling off the existing asphalt and underlying soil and replacing
it with a flexible base subgrade.
Notice of the ccal newspapers, as required by state
ebsite. Bid spe
website by multiple entities. The project received 5 bids, which were opened during the
February 11, 2025, bid opening. The bids are provided below:
Quality Pavecon
Stabile & Grod
5ĻƭĭƩźƦƷźƚƓ Excavation, XIT Paving Public
Winn, Inc Construction
LLC Works, LP
.ğƭĻ .źķ
$535,608.75 $531,058.20 $611,909.00 $641,300.00 $660,903.12
ƚƷğƌ
Alternate
($9,310.25) $7,560.00 ($20,580.00) ($10,355.00) ($36,941.78)
#1
Base Bid +
$526,298.50 $538,618.20 $591,329.00 $630,945.00 $623,961.34
Alt #1
The design engineer and city staff recommend awarding base bid plus alternate to the
lowest bidder in that scenario: Stabile & Winn, Inc. who successfully completed the
2013 Starnes Road Project. They have also served as paving subcontractors for various
street reconstruction projects, as well as the general contractor on several development
projects.
Funding for this project was included in the FY 2024-25 Adopted Capital Projects
Budget in the Ruth Road Project (ST2402).
RECOMMENDATION:
Award RFB Bid No. 25-015 to Stabile & Winn, Inc., for construction of the Ruth Road
Project (ST2402) in the amount of $526,298.50 and authorize the City Manager to
execute the related construction agreement.
STANDARD FORM OF CONSTRUCTION AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS AGREEMENT is entered into this on the 3rd day of March 2025, by and
between the CITY OF NORTH RICHLAND HILLS, a municipal corporation, of the
County of Tarrant and State of Texas, hereinafter called "OWNER" and Stabile &
Winn, Inc. of the City of Saginaw, County of Tarrant and State of
Texas hereinafter called "CONTRACTOR."
OWNER and CONTRACTOR in consideration of the mutual covenants
contained in this Agreement, agree as follows:
ARTICLE 1. WORK.
CONTRACTOR covenants and agrees to perform the Work in every detail, in
a good and first-class workmanlike manner as specified and indicated in the
Contract Documents, of which are incorporated in this Agreement in their entirety
as if they were herein set out at length written word for word. The CONTRACTOR
shall furnish all labor, materials, tools and equipment required to perform and
complete the Work in strict accordance with these Contract Documents. The Work
is described as follows:
RUTH ROAD - GLENVIEW DRIVE TO CITY POINT WEST PROJECT
ARTICLE 2. CONTRACT PRICE.
OWNER agrees to pay CONTRACTOR for completion of the Work in
accordance with the Contract Documents, the price or prices shown in the bidder's
proposal, which total the following amount:
FIVE HUNDRED TWENTY-SIX THOUSAND TWO HUNDRED NINETY-EIGHT
DOLLARS AND 50/100 CENTS ($ 526,298.50)
III - 1
Construction Agreement
ARTICLE 3. CONTRACT TIME / TERMINATION / LIQUIDATED DAMAGES.
Unless otherwise stated in this agreement, time shall be considered of the
essence.
a. When time is of the essence, the CONTRACTOR shall be liable for failure to
deliver or delay in delivery occasioned by and including without limitation
strikes, lock-outs, inability of obtaining material or shopping space,
breakdowns, delays of carriers or suppliers, and preexisting governmental acts
and regulations of the Federal and State governments or any subdivision
thereof, unless such governmental acts and regulations affecting delivery could
not be found, recognized, or discovered by due diligence on the part of the
thereof.
b. When time is not of the essence, this agreement shall be inoperative during
such period of time that aforesaid delivery or acceptance may be rendered
impossible by reason of fire, strike, Acts of God, or government regulation.
Provided, however, to the extent that the CONTRACTOR has any commercially
reasonable alternative method of performing this contract by purchase on the
market or otherwise, he/she shall not be freed of his/her obligation hereunder
by this clause, even though the goods intended for this contract were destroyed
or their delivery delayed because of any event described above.
c. As time is of the essence on this contract, CONTRACTOR agrees to
commence work under this contract within ten (10) days from the date specified
in the "Notice to Proceed" and complete each phase of construction within the
durations specified in the following table. The durations specified are
consecutive calendar days and are subject to such extensions of time as are
indicated in the Special Provisions.
III - 2
Construction Agreement
Duration Anticipated Start
Traffic Control Phase
(Calendar Days) Timeframe
Within 10 days from date
Phase 1
30 Days
(Waterline Improvements)
Immediately after Phase
Phase 2
75 Days
(Paving Improvements)
1 is complete
Immediately after Phase
Phase 3
15 Days
(Final Restoration)
2 is Complete
Final Acceptance
Within 1
Any modifications to the durations provided for each phase of construction must
be agreed upon in writing by the CONTRACTOR and the OWNER. Additionally,
CONTRACTOR agrees to totally complete work within 120 consecutive
calendar days after the date specified in the "Notice to Proceed," subject to
such extensions of time as are indicated in the Special Provisions.
d. Milestones included in this contract are as follows:
1) Completion of Phase 1 per the construction drawings provided in the
Construction Drawings within 30 calendar days and starting within 10 days
as are indicated in the Special Provisions). For purposes of this section, to
considered completed, all construction activities included in the Sequence
of Construction provided in the Construction Drawings must:
a. be in place;
b. be functional;
c. all trees and/or utility structures marked for removal shall be
removed;
d. all water connections and appurtenances shall be operational as
determined by the OWNER;
e. all temporary surfaces must be smooth and traversable by property
owners;
f. all proposed pavement within Phase 1 shall be paved and
traversable, AND;
g. all erosion control devices shall be inspected, repaired, and/or
modified as needed.
In the event that this milestone is not met, OWNER shall have the right to
CONTRACTOR, if CONTRACTOR does not complete all items within the
III - 3
Construction Agreement
2) Completion of Phase 2 per the construction drawings provided in the
Construction Drawings within 75 calendar days starting from the completion
of Traffic Control Phase 1 (subject to such extensions of time as are
indicated in the Special Provisions).
a. be in place;
b. be functional;
c. all water connections and appurtenances shall be operational as
determined by the OWNER;
d. all proposed pavement within Phase 2 shall be paved and
traversable,
e. all proposed driveways within Phase 2 shall be paved and
traversable;
f. all proposed sidewalks and sidewalk curbs within Phase 2 shall be
installed and traversable, AND;
g. all erosion control devices shall be inspected, repaired, and/or
modified as needed.
In the event that this milestone is not met, OWNER shall have the right to
CONTRACTOR, if CONTRACTOR does not complete all items within the
3) Completion of Phase 3 per the construction drawings provided in the
Construction Drawings within 15 calendar days starting from the completion
of Traffic Control Phase 2 (subject to such extensions of time as are
indicated in the Special Provisions).
a. be in place;
b. be functional;
c. all water connections and appurtenances shall be operational as
determined by the OWNER;
d. all proposed pavement and sidewalks shall be paved and
traversable, AND;
e. all erosion control and traffic control devices shall be removed and
the site is cleaned.
In the event that this milestone is not met, OWNER shall have the right to
CONTRACTOR, if CONTRACTOR does not complete all items within the
satisfaction.
Calendar Days is defined as any day of the week or month; no days being
excepted, such as, Saturdays, Sundays, holidays and inclement weather days.
Counting of contract time will only be stopped when the Owner issues a written
notice stating this fact, or when the project is noted as substantially complete
by written notice from the Owner. OWNER shall determine when such action
is necessary.
III - 4
Construction Agreement
Extensions of time due to weather delays shall be determined in accordance
with the following formula:
E = R- P where R is greater than or equal to P, and
E = Extra Precipitation Days
P = Average Precipitation Days
R = Total Precipitation Days
Average Precipitation Days (P) is defined as a day of rain, sleet, hail, snow
or any combination thereof, and shall be based upon the average
precipitation for each month of the year as defined in the Local Climatological
Data summaries issued by the National Climatic Data Center in Asheville,
North Carolina, and for this contract shall be as follows:
Average Precipitation
Month Feb Mar Apr June
Jan May
Number of Days
6 7 7 6
6 8
July Aug Sept Oct Nov Dec
Month
Number of Days
4 4 6 6 6 6
Partial months shall be prorated uniformly for the entire month and the
sum of all the months used will be rounded to the nearest whole number.
This number shall be P.
Total Precipitation Days (R) is defined as a day of rain, sleet, hail, snow
or any combination thereof, if determined by the Owner's Project
Representative that the Contractor's construction cannot progress
substantially due to precipitation and thus be put in the Daily Inspection
Logs as a precipitation day. The sum of all precipitation says shall be
R.
III - 5
Construction Agreement
The total number of Extra Precipitation Days (E) shall be granted to the
Contractor as extension of time due to weather delays, and no additional
time due to drying time for saturated soil will be allowed. This contract time
is both multi-tiered and cumulative.
e. Liquidated Damages. The CONTRACTOR further agrees to pay the following
as liquidated damages:
(1) $500 per Calendar Day for any unfinished work beyond 120 consecutive
continue until such time that the Project is complete and accepted by the
OWNER
(2) It is understood between the parties hereto that these sums shall be treated
as liquidated damages and not as a penalty, and the OWNER may withhold
from the CONTRACTOR's compensation such sums as liquidated
damages.
th
the entire contract within the 120 Phase I Notice to
liquidated damages set forth herein is a reasonable and fair estimate of just
If there is any conflict between any provision of this Article 3, and any other
Provision in this agreement, or in any attachment hereto or any other Contract
Document, this Article 3 shall control.
ARTICLE 4. PARTIAL PAYMENT.
OWNER shall make payments to the CONTRACTOR in the following manner.
On or about the first of each month, the OWNER, or the OWNER's Authorized
Representative, will make accurate estimates of the value, based on contract
prices, of the work done and materials incorporated in the work and of materials
suitably stored at the site during the preceding calendar month. The
CONTRACTOR shall furnish to the OWNER, or the OWNER's Representative,
such detailed information as the OWNER may request to aid OWNER as a guide
in the preparation of the monthly estimate.
Within the following thirty (30) days, OWNER shall make partial payments to
the CONTRACTOR for work performed during the preceding calendar month as
estimated by the OWNER or OWNER's Representative. Ten percent (10%) of
each estimate shall be retained by the OWNER until final completion and
acceptance of all work covered by the Contract for contracts less than four hundred
thousand dollars ($ 400,000). Five percent (5%) of each estimate shall be retained
III - 6
Construction Agreement
by the OWNER until final completion and acceptance of all work covered by the
Contract for contracts greater than four hundred thousand dollars ($ 400,000).
Upon completion and acceptance of all work in compliance with the Contract, the
OWNER shall, within thirty (30) days, pay the CONTRACTOR the balance due
under the terms and conditions of the Contract.
It is understood that the monthly estimates shall be approximate only, and all
monthly estimates and partial payments shall be subject to correction in the
estimate rendered following the discovery of an error in any previous estimate, and
such estimate shall not in any respect be taken as an admission of the OWNER of
the amount of work done or of its quality or sufficiency nor as an acceptance of the
work or the release of the CONTRACTOR of any of its responsibility under the
Contract.
ARTICLE 5. DISCRIMINATION.
The CONTRACTOR agrees, in connection with the performance of work under
this contract as follows:
a. The CONTRACTOR will not discriminate against any employee or applicant
for employment because of race, creed, color, sex, religion, national origin
or ancestry. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruiting or recruitment,
advertising, layoff, termination, rates of pay or other forms of compensation
and selection for training, including apprenticeship.
b. The CONTRACTOR agrees to include this non-discrimination clause in any
subcontracts connected with the performance of this agreement.
c. In the event of the CONTRACTOR's non-compliance with the above non-
discrimination clause, the contract may be canceled or terminated by the
OWNER. The CONTRACTOR may be declared by the OWNER to be
ineligible for future contracts with the OWNER, until satisfactory proof of
intent to comply shall be made by the CONTRACTOR.
d. The OWNER shall be provided a list of subcontractors who are to be paid
$10,000 or more. The CONTRACTOR must ensure that such
subcontractors meet the requirements as outlined in Title VI of the Civil
Rights Act of 1964 (42 USC 2000d et seq), execute required assurances
and provide the OWNER a copy of the signed assurance of all such
subcontractors prior to final payment. In the event of a claim of $10,000 or
more against the CONTRACTOR by a subcontractor under this section, no
further payment shall be processed unless and until each required
subcontractor assurance is provided the OWNER.
III - 7
Construction Agreement
ARTICLE 6. ENTIRE CONTRACT.
This Contract and Agreement contains the entire understanding and
agreement of the parties upon the subject matter hereof. There is no agreement,
oral or otherwise, which is not set forth in writing as part of this Agreement or the
Contract Documents.
ARTICLE 7. MODIFICATION.
This contract cannot be modified except by a writing signed by both parties.
ARTICLE 8. VARIABLES IN COST.
The parties hereto assume and understand that the variables in the
CONTRACTOR's cost of performance may fluctuate; consequently, the parties
hereto agree that any fluctuations in the CONTRACTOR's costs will in no way alter
the CONTRACTOR's obligations under this contract nor excuse nonperformance
or delay on his/her part.
ARTICLE 10. VENUE.
This contract shall be governed by the laws of the State of Texas. Venue for
any court proceedings shall be in Tarrant County, Texas.
ARTICLE 11. CONTRACT DOCUMENTS.
Documents Listed. The Contract Documents which comprise the entire
agreement between OWNER and CONTRACTOR for the performance of and
payment for the Work, consist of the following:
(1) This Agreement
(2) Addendum(s)
(3)
(4)
(5) Special Instruction to Bidders
(6) Performance, Payment and Maintenance Bonds
(7) Certification of Insurance
(8) Notice to Proceed
(9) Technical Specifications
(10)
(11) Special Provisions
(12) General Provisions
(13) Project Construction Plans/Drawings
(14) Special Material and/or Equipment Specifications
(15) Special Material and/or Equipment Drawings
(16) -
III - 8
Construction Agreement
the North Central Texas Council of Governments (NCTCOG), Fifth Edition,
Adopted November 2017
(17) TxDOT Standard Specifications for Construction and Maintenance of
Highways, Street, and Bridges (TxDOT Specifications)
(18) North Central Texas Council of Government references
ARTICLE 11. DEFAULT
OWNER may declare CONTRACTOR in default of this Contract in the event
Contractor fails to comply with the terms and conditions set forth in this Contract
or any of the Contract Documents.
III - 9
Construction Agreement
ARTICLE 12. SUBCONTRACTORS
Any subcontractor who furnishes labor or materials to fulfill an obligation to
CONTRACTOR under this Contract or who performs all or part of the work required
by this Contract, must comply with all notice and filing requirements of Texas
Property Code, Chapter 53 in order to perfect a mech
Property Code, Owner shall be authorized to withhold payment from the
CONTRACTOR for payment of the claim. Owner shall release any such payment
to the CONTRACTOR upon written notice and sufficient documentation to Owner
from subcontractor that the claim has been paid or otherwise settled.
IN TESTIMONY WHEREOF, the CITY OF NORTH RICHLAND HILLS has
caused this instrument to be signed in its corporate name, and on its behalf by the
Mayor or City Manager, duly authorized to execute this instrument by action of the
City Council and a corporation, partnership, individual
(Name of Contractor) ("X" out the inappropriate wording)
acting by and through its duly authorized officials, thereby binding themselves for
the faithful and full performance of the terms and provisions of this Agreement.
CITY OF NORTH RICHLAND HILLS: CONTRACTOR:
By: _____________________________ By: __________________________
Paulette Hartman Name: _______________________
City Manager Title: ________________________
Date: ___________________________ Date: ________________________
ATTEST: ATTEST:
By: ____________________________ By: _________________________
Alicia Richardson Name: _____________________
City Secretary/Chief Governance Officer Title: _______________________
APPROVED TO FORM AND LEGALITY:
By: __________________________
Bradley A. Anderle, City Attorney
III - 10
Construction Agreement
SECTION IV
TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATIONS
For this contract, the Site Protection & Preparation (Division 200), Roadway
Construction (Division 300), Roadway Maintenance & Rehabilitation (Division
400), Underground Construction & Appurtenances (Division 500), Conduit and
Appurtenance Rehabilitation (Division 600), Structures (Division 700) and
Construction Standards
Texas Council of Governments (NCTCOG), November 2017 Edition, with all
amendments thereto, shall govern and shall constitute as the Technical
Specifications except as herein amended, modified or supplemented. Omission
section is not applicable to this Project. The NCTCOG Technical Specifications
will be referred to as the Technical Specifications (TS) and will not be physically
bound with the other contract documents. Copies may be obtained from the North
Central Texas Council of Governments.
EXPLANATION OF BID ITEMS
-
(NCTCOG), November 2017 Edition. TxDOT Standard Specification Item refers
and Maintenance of Highways, Streets, and Bridges
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
12.1.00 GENERAL
12.1.01 DESCRIPTION
This section covers the requirements for submittal data for equipment and
material items to be furnished on this project.
12.2.00 MATERIAL
12.2.01 GENERAL EXECUTION
The CONTRACTOR shall submit to the Engineer, with such promptness as to
cause no delay in his/her own work or in that of any other CONTRACTOR, five
(5) copies of all shop drawings, manufacturer's catalog sheets, brochures,
performance charts, diagrams, schedules and other standard descriptive data
required for the work. The Engineer shall review these submittals with
reasonable promptness, making any necessary corrections. If the submittals
IV - 1
Technical Specifications
indicate variances from the requirements of the contract, the CONTRACTOR
shall make specific mention of such variation in his/her letter of transmittal in
order that, if acceptable, suitable action may be taken for proper adjustment.
Otherwise, the CONTRACTOR shall not be relieved of the responsibility of
executing the work in compliance with the contract even though the submittals
have been reviewed.
12.2.02 FORM OF SUBMITTALS
The submittals shall be numbered consecutively and shall present the following
data as applicable:
A. Name of project
B. Date of submittal
C. References to applicable section(s) of the specifications
D. Applicable standards
E. Identification of revisions on re-submittals
F. Kinds of materials and finishes
G. All working and erection dimensions and clearances
H. All arrangement and section views
I. Connections between functional parts
The Engineer may decline to consider any submittal that does not contain
complete data on the work and full information on related matters.
12.2.03 SUBMITTAL PROCEDURE
The procedure for review of submittals shall be as follows:
A. The CONTRACTOR shall submit three (3) copies of the submittal to
the Engineer for his/her approval. The submittal shall be accompanied
by a letter of transmittal containing the following:
1. Name of the project
2. Name of the CONTRACTOR
3. Name of the submittal
4. References to applicable section(s) of the specifications
5.
B. When the submittal is satisfactory to the Engineer, all three (3) copies will
be stamped and/or marked "Approved" or "Approved as Noted", be dated,
receive the signature of the Engineer and two (2) copies will be returned to
the CONTRACTOR by separate letter.
IV - 2
Technical Specifications
C.Should a submittal be unsatisfactory to the Engineer, he/she will stamp
and/or mark thereon "Revise and Resubmit" or "Rejected" and will send two
(2) copies to the CONTRACTOR with necessary corrections and changes
indicated. The CONTRACTOR must make such corrections and/or
changes and submit at least three (3) copies of the re-submittal for approval
to the Engineer. The CONTRACTOR shall review and resubmit as required
by the Engineer until his/her approval is obtained.
D. The CONTRACTOR shall allow sufficient time for preliminary review,
corrections, resubmission and final review of all submittals. The
CONTRACTOR shall allow not less than fourteen (14) days for each review.
Submittals critical to the progress of the project, when requested in writing
by the CONTRACTOR, will be given priority review.
12.2.04 LIST OF REQUIRED SUBMITTALS
A. List of all subcontractors
B. Project Construction Schedule
C. Pipe manufacturer certification that the pipe meets specifications.
D. Proposed Concrete Mix Designs, including the documentation of all
proposed concrete admixtures.
E. Stormwater Pollution Prevention Plan
F. Construction signing and traffic control plan. Contractor may use the
provided traffic control plans for intersection signing. Contractor to provide
construction signing and traffic control plan for portions of roadway where
detailed traffic control has not been provided. Construction signing and
traffic control plan must be in accordance with TMUTCD and be signed by
a licensed professional engineering in the state of Texas.
G. Trench Safety Plan
G. Proposed Concrete Placement Machine Information (slip-form required)
I. Refer to storm drain plan for required storm submittals for the custom
structures.
IV - 3
Technical Specifications
12.3.00CONSTRUCTION
N/A
12.4.00 MEASUREMENT AND PAYMENT
Any and all Work called for in the Contract Documents or which is required for the
proper construction of items called for in the Contract Documents is to be
performed by CONTRACTOR unless specifically noted otherwise. The cost of all
work for which there is no separate pay item in the proposal shall be included in
the price for a related pay item such that work called for or required by the Contract
Documents will be constructed for the Contract Price.
The following descriptions are intended to clarify the nature of the work required
for this project, the provisions of the standard technical specifications shall apply,
except as otherwise noted herein.
BID ITEM N/A: CONSTRUCTION STAKING
The provisions of Item 105.4 of the COG Specifications are hereby revised to state
that Construction Stakes shall be provided by the CONTRACTOR. There shall be
no separate pay provided for Construction Staking. Construction Staking shall be
considered subsidiary to Mobilization.
UNIT I: GENERAL ITEMS
BID ITEM 101: MOBILIZATION
The work under this item shall include establishment of facilities on the project site
and the movement of personnel, construction equipment and supplies to the
project site or to the vicinity of the project site in order to enable the CONTRACTOR
to begin work on the contract. The cost of all bonds and insurance for the project
will also be considered part of this specification. Construction Staking is also
considered subsidiary to Mobilization.
Mobilization will be measured as a lump sum item as the work progresses. Partial
payments for mobilization shall be paid for at the Total Unit Price as shown in the
bid proposal with the regular monthly estimates as follows: The adjusted contract
amount for construction items as used below is defined as the total contract
amount less the lump sum for Mobilization.
a. When 1% and less than 5% of the adjusted contract amount for
construction items is completed, 50% of the mobilization lump sum bid
will be paid.
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Technical Specifications
b.When 5% and less than 10% of the adjusted contract amount for
construction items is completed, 75% of the mobilization lump sum bid
will be paid. Previous payments under this section will be deducted from
this amount.
c. When 10% or more of the adjusted contract amount for construction
items is completed, 95% of the mobilization lump sum bid will be paid.
Previous payments under this section will be deducted from this amount.
d.
made on the final estimate.
BID ITEM 102: SITE PREPARATION
General Site Preparation shall be in accordance with 203.1 of the NCTCOG
Specifications. This pay item will include removal of improvements or obstructions
not specifically provided for in other pay items of the Bid Proposal which includes
but is not limited to removing gravel, riprap, stumps (all sizes), landscaping, planter
boxes, shrubbery, plantings, fences, brick columns, and other items located within
the right-of-way.
In addition, the work will consist of trimming, if required, removal of above ground
foliage and tree formations, and complete removal of all root systems below grade.
Any backfill necessary after stump removal is subsidiary to this bid item.
Pavements and sidewalks shall be patched if necessary to allow for vehicular and
pedestrian traffic. All excavated areas shall be backfilled and compacted to
prevent additional damage to pavement or other structures. Any damage to yard
areas shall be restored at no additional pay, including planters and landscape
edging and irrigation systems.
Irrigation systems that extend into the ROW shall be capped at the property line
Systems shall be restored to working order within the ROW once the paving work
is complete. This Item includes all safety measures and additional traffic control as
needed to complete work associated with site preparation beyond what is shown
in the traffic control plan.
All trees and plant materials shall be properly disposed of offsite. Only trees,
landscaping and plantings located within the right-of-way and designated for
removal on the plans shall be removed. All other trees and landscaping shall be
protected from damage as shown in the plan details.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price of Lump Sum.
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Technical Specifications
BID ITEM 103: SWPPP AND EROSION CONTROL
It will be the responsibility of the CONTRACTOR to develop a SWPPP. The
CONTRACTOR shall submit the plan to the OWNER in accordance with NCTCOG
Specification 202. Once the SWPPP is deemed acceptable by the OWNER, the
CONTRACTOR shall obtain a National Pollutant Discharge Elimination System
(NPDES) permit. The SWPPP is to be kept on the construction site and
implemented throughout the construction duration.
This item shall govern the preparation and implementation of a Storm Water
Pollution Prevention Plan (SWPPP) in accordance with the Texas Commission on
(TPDES) General Permit Number TXR150000. Implementation of the SWPPP,
installation of erosion control devices, maintenance of such devices, removal of
the devices after completion of the project and vegetation has been re-established
in all disturbed areas, and all required documentation, and any required application
fees as outlined in the TPDES General Permit TXR150000 shall be included in the
price of this item. The Contractor shall submit to the City a copy of TPDES
documents, as appropriate, prior to commencing construction. See NCTCOG Item
202 for erosion control devices.
including, but not limited to, silt fence, inlet protection, rock berms, curlex and
stabilized construction entrances shall be subsidiary to this bid item.
deems the SWPPP devices deficient, CONTRACTOR will make necessary
additional payment will be made for repair to erosions control devices.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price of lump sum for installing and maintaining all necessary erosion control
items and the preparation of the SWPPP and its implementation, including any site
postings from the beginning of construction through final acceptance and
establishment of grass coverage. Payment will be made on a monthly basis by
dividing the lump sum contract price by the total contract time (months) for the
project.
UNIT II: WATER IMPROVEMENTS
BID ITEM 201: VALVE BOX ADJUSTMENT W/ CONC COLLAR
Adjust existing valve box, in accordance with NCTCOG Specification 701.2 and
502.1.2 and the Plans.
handling on the Site, labor, installation, overhead, profit, and other expenses.
IV - 6
Technical Specifications
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each.
BID ITEM 202: DUCTILE IRON WATER FITTINGS WITH RESTRAINT
Install Ductile Iron Fittings in accordance with NCTCOG Specification 502.5 and
the Plans.
the Site, labor, installation, overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per ton.
BID ITEM 20
Install water pipe in accordance with NCTCOG Specification 501.14 and the Plans.
Additionally, all mains installed by direct bury shall be laid with #14 AWG tracer
wire with blue 30 mil HDPE coating, and all mains installed by directional boring
shall include #12 AWG copper clad steel wire.
costs for unloading and handling on the Site, labor, installation, overhead, profit,
and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per linear foot.
BID ITEM 20
This item shall consist of the work, labor, equipment and material necessary to
Specification 502.6.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each.
BID ITEM 205: INSTALL FIRE HYDRANT AND ASSEMBLY
Install Fire Hydrant and Assembly in accordance with NCTCOG Specification
502.3 and the Plans.
handling on the Site, labor, installation, overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each.
BID ITEM 206: INSTALL WATER METER BOX
This item shall include the removal of existing water meters and the installation of
water meter boxes in accordance with NCTCOG Specification 502 and the Plans.
removal, loading, hauling off, labor, installation, overhead, profit, and other
expenses.
IV - 7
Technical Specifications
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each.
BID ITEM 207: REMOVE IRRIGATION METER BOX
This item shall include the removal of existing irrigation meter boxes in accordance
with NCTCOG Specification 502.10 and the Plans. This shall include the
profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each.
BID ITEM 208: INSTALL TRAFFIC RATED IRRIGATION BOX
Install irrigation boxes in accordance with NCTCOG Specification 502 and the
Plans.
Site, labor, installation, overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each.
BID ITEM 209: WATER SERVICE
Provide water service connections in accordance with NCTCOG Specification
502.10 and the Plans.
handling on the Site, labor, installation, overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each.
BID ITEM 210: ABANDONMENT PLUG
Existing water line shall be cut and plugged at the locations shown on the plans
in accordance with NCTCOG Specification 506.8. Plugs shall be specifically
designed for water line abandonment, and compatible with the type of pipe being
used.
Site, labor, installation, overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Measurement and payment shall be at the
unit price per each cut and plug installed.
BID ITEM 211: TRENCH SAFETY
The provisions of NCTCOG Item 107.20
SHOP
of these technical
specifications. All trenches must be backfilled at the end of the workday. No open
trenches will be allowed outside of working hours. This shall include the
overhead, profit, and other expenses.
IV - 8
Technical Specifications
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per linear foot.
BID ITEM 212: FLOWABLE FILL FOR ABANDONMENT OF WATERLINE
Existing water line shall be grouted at the locations shown on the plans. Grout
shall be specifically designed for water line abandonment, and compatible with
the type of pipe being used. The grout design shall follow standards and
regulations from NCTCOG 504.2.3.4 Flowable or Stabilize Backfill. This shall
installation, overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per square yard.
BID ITEM 213: ADJUST GAS VALVE TO GRADE
Adjust existing gas valve to grade in accordance with the Plans. This shall include
overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each.
UNIT III: PAVING IMPROVEMENTS
BID ITEM 301(a): UNCLASSIFIED STREET EXCAVATION
Excavation shall consist of all the required excavation within the project limits as
shown on the Plans, the removal, proper utilization or disposal of all excavated
material, and the shaping and finishing of all earthwork in conformity with the lines
and grades as shown on the Plans or as established by the OWNER. Any usable
material from excavation shall be compacted in the areas of the project limits
needing fill, and the required compaction testing of this excess material shall be
included in this bid item and be completed in accordance with City standards.
Excavation (Roadway) shall comply with TxDOT Specification 110.
MEASUREMENT AND PAYMENT: Unclassified Street Excavation shall be
measured and paid for by the cubic yard for excavation from its original position,
and shall include all materials excavated without regard to the materials
encountered. There shall be no compensation for any quantities in addition
to what is provided in the Bid documents unless the lines and grades are
changed by the Engineer.
BID ITEM 302: UNCLASSIFIED FILL
This item shall include the placing and compacting of fill material in the proposed
parkway. Unclassified fill shall be in accordance with NCTCOG Item 203.5.
IV - 9
Technical Specifications
MEASUREMENT AND PAYMENT: Unclassified Fill shall be measured and paid
for by the cubic yard of material.
BID ITEM 303: REMOVE AND DISPOSE CONCRETE DRIVEWAY
Pavement removal covered by this specification shall be only where designated
Representative.
The CONTRACTOR shall make every effort to remove pavement along existing
joints. The CONTRACTOR shall saw cut at no extra cost full-depth at the existing
joint or along straight, neat lines to remove the area of pavement specified in the
Construction Plans. If the adjacent pavement is damaged during the removal
process, the CONTRACTOR shall be responsible to saw cut the damaged portion
of the pavement until a clean edge is achieved at no cost to the OWNER. The
CONTRACTOR will not be compensated for the additional pavement removal or
replacement if the damage was caused by the CONTRACTOR during the removal
process. If the pavement is in poor condition prior to the CONTRACTOR beginning
roject
Representative to determine the limits of the concrete removal. In this case, the
CONTRACTOR shall be compensated for the removal and replacement of the
additional pavement; however, the CONTRACTOR will only be paid for the original
length saw cut detailed in the construction plans.
The CONTRACTOR shall exercise appropriate care not to damage other
improvements in the process, and the CONTRACTOR shall be responsible for
correction of any such damage caused during the removal process. All material
removed shall become the property of the CONTRACTOR and be disposed in
accordance with local, state and federal guidelines. Item 203.1 of the NCTCOG
Specifications shall govern the removal of existing concrete and asphalt.
MEASUREMENT AND PAYMENT: Refer to the Unit Price Bid Form. Removal of
any concrete or asphalt shall include the cost of saw cutting.
BID ITEM 304: REMOVE AND DISPOSE CONCRETE PAVEMENT
Pavement removal covered by this specification shall be only where designated
Representative.
The CONTRACTOR shall make every effort to remove pavement along existing
joints. The CONTRACTOR shall saw cut at no extra cost full-depth at the existing
joint or along straight, neat lines to remove the area of pavement specified in the
Construction Plans. If the adjacent pavement is damaged during the removal
process, the CONTRACTOR shall be responsible to saw cut the damaged portion
of the pavement until a clean edge is achieved at no cost to the OWNER. The
IV - 10
Technical Specifications
CONTRACTOR will not be compensated for the additional pavement removal or
replacement if the damage was caused by the CONTRACTOR during the removal
process. If the pavement is in poor condition prior to the CONTRACTOR beginning
the removal process, the CO
Representative to determine the limits of the concrete removal. In this case, the
CONTRACTOR shall be compensated for the removal and replacement of the
additional pavement; however, the CONTRACTOR will only be paid for the original
length saw cut detailed in the construction plans.
The CONTRACTOR shall exercise appropriate care not to damage other
improvements in the process, and the CONTRACTOR shall be responsible for
correction of any such damage caused during the removal process. All material
removed shall become the property of the CONTRACTOR and be disposed in
accordance with local, state and federal guidelines. Item 203.1 of the NCTCOG
Specifications shall govern the removal of existing concrete and asphalt.
MEASUREMENT AND PAYMENT: Refer to the Unit Price Bid Form. Removal of
any concrete or asphalt shall include the cost of saw cutting.
BID ITEM 305(a): 8
Pulverize the existing asphalt pavement AND STABILZED CLAY SUBGRADE to
a depth of 8 inches. Temporarily remove and store the 8
material. MILLED ASPHALT CAN NOT BE CONTAMINATED WITH EXTERNAL
CLAY SOILS. The CONTRACTOR shall exercise appropriate care not to damage
other improvements in the process, and the CONTRACTOR shall be responsible
for correction of any such damage caused during the pulverization process.
MEASUREMENT AND PAYMENT: This item shall include all labor, material,
equipment, tools and incidentals necessary to pulverize, remove and store the
pulverized material, undercut the base, mixing, compaction, haul off and on site,
sweep, and dispose of the undercut material.
BID ITEM 306: REMOVE AND DISPOSE CONCRETE SIDEWALK
Pavement removal covered by this specification shall be only where designated
Representative.
The CONTRACTOR shall make every effort to remove pavement along existing
joints. The CONTRACTOR shall saw cut at no extra cost full-depth at the existing
joint or along straight, neat lines to remove the area of pavement specified in the
Construction Plans. If the adjacent pavement is damaged during the removal
process, the CONTRACTOR shall be responsible to saw cut the damaged portion
of the pavement until a clean edge is achieved at no cost to the OWNER. The
CONTRACTOR will not be compensated for the additional pavement removal or
IV - 11
Technical Specifications
replacement if the damage was caused by the CONTRACTOR during the removal
process. If the pavement is in poor condition prior to the CONTRACTOR beginning
Representative to determine the limits of the concrete removal. In this case, the
CONTRACTOR shall be compensated for the removal and replacement of the
additional pavement; however, the CONTRACTOR will only be paid for the original
length saw cut detailed in the construction plans.
The CONTRACTOR shall exercise appropriate care not to damage other
improvements in the process, and the CONTRACTOR shall be responsible for
correction of any such damage caused during the removal process. All material
removed shall become the property of the CONTRACTOR and be disposed in
accordance with local, state and federal guidelines. Item 203.1 of the NCTCOG
Specifications shall govern the removal of existing concrete and asphalt.
MEASUREMENT AND PAYMENT: Refer to the Unit Price Bid Form. Removal of
any concrete or asphalt shall include the cost of saw cutting.
BID ITEM 307: REMOVE CONC CURB & GUTTER
This item shall include the removal and disposal of existing concrete curb and
gutter, including any subgrade and reinforcement, within the right-of-way as
designated in the Plans. Item 203.1 of the NCTCOG Specifications shall govern
the removal of existing concrete and asphalt.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per linear foot. Removal of any concrete or asphalt shall include the cost
of saw cutting.
BID ITEM 308: REMOVE LIGHT POLE FOUNDATION
This item shall include the removal of existing light pole foundations and restoring
the ground to pre-existing conditions.
loading and handling on the Site, labor, removal, overhead, profit, and other
expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
price per each.
BID ITEM 309: PERMANENT ASPHALT PAVEMENT REPAIR
Asphaltic concrete shall meet the requirements for NCTCOG Specification 302.9.
A prime coat shall be applied to the prepared subgrade before placing the first lift.
Prime coat is considered subsidiary to the asphalt item. Contractor shall match
existing asphalt lifts and thickness.
unloading and handling on the Site, labor, installation, overhead, profit, and other
expenses.
IV - 12
Technical Specifications
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per square yard of asphalt in place. Prime Coat shall be subsidiary to
this item.
BID ITEM 310
in accordance with NCTCOG Specification 305.2
and the Plans.
on the Site, labor, installation, overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per square foot.
BID ITEM 311: ADA CURB RAMP
This item shall govern the installation of Curb Ramps in accordance with the details
provided in the Plans and NCTCOG Specification 305.2.
Concrete for curb ramps
Cement Concrete with 5 sacks of cement per cubic yard, with a maximum slump
requirements of Item 303.
The Contractor shall be responsible to ensure all barrier free ramp construction is
in accordance with the Americans with Disabilities Act (ADA) and Texas
Accessibility Standards (TAS). Any portions of the barrier free ramp which are
constructed and do not meet the requirements of ADA and TAS will be required to
Per Texas Accessibility Standards Technical Memorandum TM 08-01 Issues: June
intent of both the Texas Accessibility Standards and the currently enforceable
federal Americans with Disabilities Act Accessibility Guidelines are detectable
warnings (aka truncated domes) meeting the technical specifications of TAS
precast detectable
warning plates or approved equal in a color approved by the City representative.
Truncated dome pavers will not be allowed.
direction of pedestrian travel) in lieu of the full depth of the curb ramp. The deviation
from this particular technical requirement does not require a variance. The
truncated domes must still extend the full width of the curb ramp (or landing as
-
basis furnished and installed and shall include all concrete, reinforcement,
formwork, truncated domes, monolithic curb, labor, materials, and incidentals
necessary to complete the work per provided details.
IV - 13
Technical Specifications
BID ITEM 312
be constructed in accordance with the width and details shown on the Plans and
NCTCOG Specification 305.2. Reinforced concrete paving shall be constructed in
accordance with NCTCOG Specification 305.2 with the appropriate strength. One
price of the sidewalk.
Sidewalk widths vary and shall be installed per the Plans. Expansion joint material
and elastomeric filler shall be placed along the full length of the sidewalk between
the back of curb and sidewalk (for areas where sidewalk is adjacent to back of
curb), and shall be included in the unit price for the sidewalk. Sidewalks located
adjacent to the back of curb shall have a sidewalk lug installed per Figure 11P-3
on the Plans. This is subsidiary to sidewalk installation.
The Contractor shall be responsible to ensure all sidewalk construction is in
accordance with the Americans with Disabilities Act (ADA) and Texas Accessibility
Standards (TAS). Any portions of sidewalks which are constructed and do not
meet the requirements of ADA and TAS will be required to be removed and
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per square foot including excavation, concrete, reinforcing steel, cushion
sand, joint sealer, expansion joint material and elastomeric filler complete in place.
BID ITEM 313SIDEWALK CURB WALL
This item consists of the required work and materials for the installation of
concrete sidewalk curb wall as required by the plans and NCTCOG 305.4. This
installation, overhead, profit, and other expenses.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per linear foot.
BID ITEM 314: 7
Slip-formed and hand finished reinforced concrete paving shall be constructed with
4,5P2 per NCTCOG Construction
Standards Manual table 303.3.4.2.(a) and shall be furnished and placed in
accordance with the details provided in the Plans and NCTCOG Specification 303.
Admixtures shall otherwise adhere to the applicable provisions of NCTCOG
specification 303. Reinforcement shall be in accordance with the Plans and City
Standard Details. This item shall include all necessary materials, labor, tools and
IV - 14
Technical Specifications
incidentals required to construct 7Ruth Road
Glenview Drive to City Point West in conformance with the lines and grades
shown on the Plans.
CONCRETE QUALITY AND WORKMANSHIP
The finished concrete pavement construction under these specifications is
expected to meet certain quality standards for surface of the concrete including the
durability, texture, riding surface and appearance.
For this project, the main lane pavement shall be slip-form machine placed
concrete with a broom finish in accordance with the specifications below. The
contractor shall complete the first 12 concrete panels in the presence of the City
Inspector. The quality of the broom finish shall be acceptable to the City Inspector
prior to proceeding with additional panels. Hand poured pavement sections shall
be agreed upon in writing by the City.
The surface must be durable, firm, dense and well bonded to the aggregate to
maintain an appearance and texture that is satisfactory to the Owner. Concrete
pavement having a poor surface that has spalled (exposed aggregate) due to poor
quality paste, high water-cement ratio, over-vibration, improper curing, extreme
weather or any other reason, or does not have a satisfactory riding surface shall
be removed and replaced at the Contractor's expense. It is extremely important
that the pavement have a good riding surface, free from undulations and rough
joints. The City Engineer shall determine the acceptability of the pavement.
Broom Finish
If the surface texture is to be a broom finish, it shall be applied when the water
sheen has practically disappeared. The broom shall be drawn from the center
to the edge of the pavement with adjacent strokes slightly overlapping in the
direction of vehicular travel. The broom operation shall be so executed that
the corrugation produced in the surface shall be uniform in appearance and
not more than 1/16-inch in depth. Brooming shall be completed before the
concrete is in such condition that the surface will be torn or unduly roughened
by the operation. The surface thus finished shall be free from rough and
porous areas, irregularities, and depressions resulting from improper
handling of the broom. Brooms shall be the quality, size, and construction
and shall be operated to produce a surface finish meeting the approval of the
Owner. Subject to the approval of the Owner, the Contractor may be
permitted to substitute mechanical brooming in lieu of the manual brooming
as herein described.
IV - 15
Technical Specifications
Hand Finishing
Hand finishing of concrete pavement will be permitted in areas where it is not
practical or possible to construct with finishing machines. These areas include,
but are not limited to, intersections, left turn lanes, crossovers, transition areas
and where the pavement width is not uniform. In hand finished areas, the
concrete shall be struck off with an approved strike-off screed to such elevation
that when consolidated and finished the surface of the pavement shall conform
to the required section and grade. The strike template shall be moved forward
with a combined transverse and longitudinal motion in the direction the work is
progressing, maintaining a slight excess of material in front of the cutting edge.
The concrete shall then be tamped with an approved tamping template to
compact the concrete thoroughly and eliminate surface voids and the surface
screeded to required section. After completion of a strike-off, consolidation and
transverse screeding; a hand-operated longitudinal float shall be operated to
test and level the surface to the required grade.
Workmen shall operate the float from approved bridges riding on the forms and
spanning the pavement. The longitudinal float shall be held in contact with the
surface and parallel to the centerline and operated with short longitudinal
strokes while being passed from one side of the pavement to the other. If
contact with the pavement is not made at all points, additional concrete shall
be placed, if required, and-screeded, and the float shall be used to produce a
satisfactory surface. Care shall be exercised to keep the ends of the float from
digging into the surface of the pavement. After a section has been smoothed
so that the float maintains contact with the surface at all points in being passed
from one side to the other, the bridges may be moved forward half the length
of the float and the operation repeated. Other operations and surface tests
shall be as required for machine finishing.
Edging at Forms and Joints
After the final finish, but before the concrete has taken its initial set, the edges
of the pavement along each side of each slab, and on each side of transverse
expansion joints, formed joints, transverse construction joints, and emergency
construction joints shall be worked with an approved tool and rounded to the
radius required by the plans. A well-defined and continuous radius shall be
produced and a smooth, dense, mortar finish obtained. The surface of the slab
shall not be unduly disturbed by tilting of the tool during use.
At all joints, any tool marks appearing on the slap adjacent to the joints shall be
eliminated by brooming the surface. In doing this, the rounding of the edge
shall not be disturbed. All concrete on top of the joint filler shall be completely
removed.
IV - 16
Technical Specifications
All joints shall be tested with a straightedge before the concrete has set, and
correction shall be made if one side of the joint is higher than the other or if they
are higher or lower than the adjacent slabs.
MEASUREMENT AND PAYMENT: Measurement and Payment for this item shall
be at the contract unit price per square yard, complete in place and include all
concrete, monolithic curb, reinforcing steel, required joint work, expansion
material, approved elastomeric joint seal material, and other incidentals.
Measurement and payment by the square yard for concrete pavement shall be
made to the gutter line. Payment shall be based on Plan dimensions and no
separate payment shall be provided for monolithic curb or extra thickness of
concrete pavement placed.
BID ITEM 315(a): CEMENT (@ 58 LBS/SY) (CONC PAVEMENT)
Cement for subgrade stabilization shall be furnished in accordance with NCTCOG
Specification 301.2 and the AGG Report: FE24-071 provided in Section VI.
Cement must be applied in a slurry form.
MEASUREMENT AND PAYMENT: Cement will be measured by the ton and paid
for at the price bid per ton after its incorporation into the subgrade. The actual
amount of cement
and incorporation into the project will be paid for at the price bid per ton. Quantities
were computed based on 58 pounds per square yard for an 8-inch depth. This
should result in a minimum of 8% cement used to modify the subgrade soils.
BID ITEM 316(a): (CONC
PAVEMENT)
This item provides for the treating of the existing subgrade and asphalt by
pulverizing, addition of cement, mixing and compacting the mixed material to the
required density in conformity with the typical section, lines and grades as shown
in the Plans and in accordance with the AGG Report: FE24-071 provided in
Section VI. The Contractor will not be required to expose the secondary subgrade
except in unstable areas.
Prior to placing, the exposed subgrade should be proof-rolled and compacted to a
minimum of 95% of ASTM D698 at optimum to +3% above optimum. The mix
should then be placed evenly along the roadway and cement stabilized in
accordance with TxDOT Item 275 and the AGG Report: FE24-071 provided in
Section VI. The mix should then be compacted at -1% to +2% of optimum to a
minimum of 98% of Standard Proctor Density (ASTM D698). Cement treatment,
final mixing, shaping and compaction must be achieved within 2 hours.
Once the final subgrade elevations are achieved during construction and all utilities
are in place, the subgrade shall be sampled to determine the required lime
application rate at a cost subsidiary to this bid item. Any offsite fill brought in for
use on the project is subject to geotechnical evaluation to determine lime
IV - 17
Technical Specifications
application rate at a cost subsidiary to this bid item. See the AGG Report: FE24-
071 provided in Section VI for further information on Cement Treated Milled
Asphalt.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per square yard of subgrade from a point 24
of the proposed curbs or edges of proposed HMAC transition pavement.
BID ITEM 317: SOD
Sod shall be installed per NCTCOG Specification 204.5. The type of sod placed
shall match the type of grass in the adjacent lawn area. Fertilizer shall be furnished
in accordance with Item 166 and applied at time of initial sodding only. Fertilizer
shall be considered subsidiary to Block Sod placement. Watering during
construction will be considered subsidiary to block sodding and will be done in
accordance with Item 168. Watering shall be done until accepted by the owner and
the City.
The first row of turfgrass sod shall be laid in a straight line, with subsequent rows
placed parallel to and tightly against each other. Lateral joints shall be staggered
to promote more uniform growth and strength. Care shall be exercised to insure
that the pieces are not stretched or overlapped and that all joints are butted tightly
to prevent voids that would cause air drying of the roots.
The installation contractor shall water the turfgrass sod immediately after
transplanting to prevent drying. As sodding is completed in any one section, the
entire area shall be lightly rolled. It shall then be thoroughly watered to a depth
sufficient to ensure the underside of the new sod pad and soil immediately below
the pad are thoroughly wet. The general contractor shall be responsible for
having adequate water available at the site prior to and during installation.
The general contractor shall supply adequate water to the site. The single-most
important factor in the successful rooting of newly installed turfgrass sod is
adequate, regular watering. Watering should begin immediately after installation.
The amount of water required will vary depending upon season, weather,
temperature, wind, slope and turfgrass variety. The general contractor shall
designate the party responsible to ensure adequate water supply and application.
MEASUREMENT AND PAYMENT: Block sodding shall be measured and paid per
square yard of block sod installed. The item includes all labor, equipment and
materials necessary to complete the work including watering, fertilizing and
maintenance until accepted by the property owner and the City. The cost of
fertilizer and watering is incidental to the unit price of sodding.
BID ITEMS 318: TREE PROTECTION
Install Tree Protection Fencing in accordance with NCTCOG Specification 201.1
and the Plans. All trees designated to be preserved shall be protected by fencing
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Technical Specifications
to the limits of the canopy and no parking, driving, or moving of equipment in this
area will be permitted.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each tree to be protected.
BID ITEMS 319
Any tree labeled for removal in the plans shall be confirmed with the Engineer
prior to removal. Tree removal shall include all pruning, felling, stump removal,
mulching of leaves and limbs necessary to safely remove any tree approved for
removal. Once work has commenced on the removal of a tree approved for
removal, it shall not cease until the remnants of the tree are completely mulched
and lawfully removed from the project site. All debris and mulch from the removal
of trees shall be disposed of in a legal manner.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each tree to be removed.
BID ITEMS 320: REFLECTIVE PAVEMENT MARKING BUTTONS (CL)
Reflective pavement marking buttons shall be installed in accordance with the
details provided in the plan and TxDOT Standard Specifications. This item shall
consist of the work, labor, materials, and equipment necessary to install pavement
marking buttons as shown on the Plans in accordance with the Texas Department
of Transportation Item 672. All work, labor, materials, and equipment required for
surface preparation and installation of pavement marking buttons shall be
subsidiary to each pavement marking bid item placed.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each button installed.
BID ITEMS 321: REFLECTIVE PAVEMENT MARKING BUTTONS (TURN
LANE)
Reflective pavement marking buttons shall be installed in accordance with the
details provided in the plan and TxDOT Standard Specifications. This item shall
consist of the work, labor, materials, and equipment necessary to install pavement
marking buttons as shown on the Plans in accordance with the Texas Department
of Transportation Item 672. All work, labor, materials, and equipment required for
surface preparation and installation of pavement marking buttons shall be
subsidiary to each pavement marking bid item placed.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each button installed.
BID ITEMS 322
Pavement markings shall be performed in accordance with TxDOT Standard
Specifications and the Manufacturer recommendations. This item shall consist of
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Technical Specifications
the work, labor, materials, and equipment necessary to install pavement markings
as shown on the Plans in accordance with the Texas Department of Transportation
Items 666 and 678. All work, labor, materials, and equipment required for surface
preparation, installation of pavement markings, and pavement marking sealant
shall be subsidiary to each pavement marking bid item placed. Each pavement
marking shall be thermoplastic.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per linear foot of pavement marking installed.
BID ITEMS 323: REFLECTIVE PAVEMENT MARKING SOLID WHITE (ARROW)
Pavement markings shall be performed in accordance with TxDOT Standard
Specifications and the Manufacturer recommendations. This item shall consist of
the work, labor, materials, and equipment necessary to install pavement markings
as shown on the Plans in accordance with the Texas Department of Transportation
Items 666 and 678. All work, labor, materials, and equipment required for surface
preparation, installation of pavement markings, and pavement marking sealant
shall be subsidiary to each pavement marking bid item placed. Each pavement
marking shall be thermoplastic.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each pavement marking installed.
BID ITEMS 324: REFLECTIVE PAVEMENT MARKING SOLID WHITE (WORD)
Pavement markings shall be performed in accordance with TxDOT Standard
Specifications and the Manufacturer recommendations. This item shall consist of
the work, labor, materials, and equipment necessary to install pavement markings
as shown on the Plans in accordance with the Texas Department of Transportation
Items 666 and 678. All work, labor, materials, and equipment required for surface
preparation, installation of pavement markings, and pavement marking sealant
shall be subsidiary to each pavement marking bid item placed. Each pavement
marking shall be thermoplastic.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per each pavement marking installed.
BID ITEM 325: TRAFFIC CONTROL
This item shall include the furnishing and installing traffic control devices in
accordance with the Traffic Control Plan in the Plans. Traffic control shall comply
with the Texas Manual of Uniform Traffic Control Devices, NCTCOG Specification
801, and City Specifications. All traffic control items required to implement the
Traffic Control Plan shall be subsidiary to this item. This shall include, but is not
limited to, barrels, barricades, panels, signs, removal of existing pavement
markings, installation of and removal of temporary pavement markings, concrete
traffic barrier, signal modifications, and temporary water/sewer connections.
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Technical Specifications
The standard details shall be considered the minimum requirements necessary to
construct the project. Additional measures may be needed to address local traffic
control issues and additional sequencing not covered.
Prior to construction, the CONTRACTOR will be required to submit a detailed
construction sequencing and temporary traffic control plan to address all portions
of roadway traffic control not covered by the construction plans. The
CONTRACTOR shall also submit a signal modification plan.
A schedule shall also be submitted to address times of completion of each stage
of the construction sequence and projected dates of road closings, detours, and
utility interruptions. The CONTRACTOR shall update this schedule on a monthly
basis.
The CONTRACTOR shall follow the sequence of construction provided in these
plans. Any deviations from the plans must be submitted in writing to the CITY for
approval. Proper notification must be given to all affected property owners at least
48 hours in advance of all construction operations. No street shall be closed except
upon written authority from the OWNER.
Access to adjacent properties must be maintained except for short periods of time
when construction actually blocks the driveway. The CONTRACTOR shall place
gravel or take other means to insure all-weather access to properties after working
hours and during weekends and holidays. All driveways shall be constructed in 2
phases. See Traffic Control Plan. This item shall also include providing temporary
all-weather access to local residences and temporary mailboxes at each driveway
location if needed.
All signal modifications shall be performed in accordance with the approved
submittal and shall be subsidiary to this item.
The amount bid for this item shall be paid over the duration of the project with the
amount paid on each monthly progress estimate determined by the percent
complete on all other bid items.
MEASUREMENT AND PAYMENT: The lump sum price shall include, but not be
limited to all labor, equipment, and materials necessary to implement, maintain,
move and remove traffic control devices during all phases of construction.
UNIT IV: CONSTRUCTION ALLOWANCES
BID ITEM 401: PROJECT CONTINGENCY AS DIRECTED BY OWNER
Project Contingency is provided to be used at the discretion of the OWNER for any
unforeseen items. Any work performed without prior authorization from the
OWNER shall not be paid under this item. The CONTRACTOR shall include this
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Technical Specifications
amount within their bid and understand the intent is not to utilize this item. A
maximum contingency amount of $10,000 is provided for this item. At the
completion of the work, funds not utilized in this item shall be removed from the
Contract. This pay item can also be used to supplement other pay items that were
overrun and deemed necessary for this project success.
MEASUREMENT AND PAYMENT: Payment for contingency work shall be made
by the lump sum price agreed on in writing by the OWNER and the CONTRACTOR
before said work is commenced. The Work is subject to all other conditions of the
contract. The CONTRACTOR will only charge the fraction of the allowance that
yields the agreed upon price which will be considered payment in full for all labor,
materials, tools, equipment, and incidentals.
BID ITEM 402: UTILITY CONTINGENCY AS DIRECTED BY OWNER
Utility Contingency is provided to be used at the discretion of the OWNER for any
unforeseen utility related items. Any work performed without prior authorization
from the OWNER shall not be paid under this item. The CONTRACTOR shall
include this amount within their bid and understand the intent is not to utilize this
item. A maximum contingency amount of $10,000 is provided for this item. At the
completion of the work, funds not utilized in this item shall be removed from the
Contract. This pay item can also be used to supplement other pay items that were
overrun and deemed necessary for this project success.
MEASUREMENT AND PAYMENT: Payment for contingency work shall be made
by the lump sum price agreed on in writing by the OWNER and the CONTRACTOR
before said work is commenced. The Work is subject to all other conditions of the
contract. The CONTRACTOR will only charge the fraction of the allowance that
yields the agreed upon price which will be considered payment in full for all labor,
materials, tools, equipment, and incidentals.
BID ITEM 403: PAVING CONTINGENCY AS DIRECTED BY OWNER
Paving Contingency is provided to be used at the discretion of the OWNER for any
unforeseen pavement related items. Any work performed without prior
authorization from the OWNER shall not be paid under this item. The
CONTRACTOR shall include this amount within their bid and understand the intent
is not to utilize this item. A maximum contingency amount of $30,000 is provided
for this item. At the completion of the work, funds not utilized in this item shall be
removed from the Contract. This pay item can also be used to supplement other
pay items that were overrun and deemed necessary for this project success.
MEASUREMENT AND PAYMENT: Payment for contingency work shall be made
by the lump sum price agreed on in writing by the OWNER and the CONTRACTOR
before said work is commenced. The Work is subject to all other conditions of the
contract. The CONTRACTOR will only charge the fraction of the allowance that
yields the agreed upon price which will be considered payment in full for all labor,
materials, tools, equipment, and incidentals.
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Technical Specifications
BID ALTERNATE ITEMS
BID ITEM 301(b): UNCLASSIFIED STREET EXCAVATION
Refer to Technical Specification and Measurement and Payment language for this
UNIT III: PAVEMENT IMPROVEMENTS
per unit shall match what was provided in the base bid; however, this will act as a
deduction and therefore the amount bid will result in a negative value.
BID ITEM 305(b): REMOVE ASPHALT PAVEMENT
This item shall include the removal and disposal of existing asphalt pavement,
including any subgrade and reinforcement, within the right-of-way as designated
in the Plans. Item 203.1 of the NCTCOG Specifications shall govern the removal
of existing concrete and asphalt.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per square yard. Removal of any concrete or asphalt shall include the
cost of saw cutting.
PAVEMENT)
Refer to Technical Specification and Measurement and Payment language for this
UNIT III: PAVEMENT IMPROVEMENTSalternate bid, the cost
per unit shall match what was provided in the base bid; however, this will act as a
deduction and therefore the amount bid will result in a negative value.
BID ITEM 316(b
Flexbase Type A, Grade 1 or 2 for subgrade shall be furnished in accordance with
TxDOT Specification 247.
MEASUREMENT AND PAYMENT: Payment for this item shall be at the contract
unit price per square yard of subgrade thickness as specified in the construction
plans.
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Technical Specifications
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 3, 2025
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:
Starting this week, the Water Department is launching a new billing system designed to
better manage customer accounts. This system includes a new online portal that
provides customers with improved access to your account information, easier service
requests, and more convenient payment options. If you currently pay your water bill
online or have automatic payments set up, you will need to register with the new
system. Instructions and the link to sign up can be found at nrhtx.com/water. Please
contact the Water Office with any questions.
NRH2O Family Water Park is holding a job fair March 17 - 21. Stop by the park from 10
a.m. to noon or from 3 p.m. to 5 p.m. to learn more about each department and
participate in on-site interviews.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
Diane Whitsel, Bri Shipman, Terri Chambers and Emily Spaniel with Animal
Services A community member left a 5-star review for the staff who assisted her with
adopting a cat from the NRH animal shelter. The review stated:
about this place and thank u from the bottom of my heart. The ladies I've met here
were so nice and helpful. I would highly suggest getting a
Keep up the great work!