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Home My WebLink AboutCC 2006-07-24 Agendas · · · . CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, July 24, 2006 6:15 P.M. A.O Discuss Items from Regular City Council Meeting B.1 IR 2006-075 Litter NOT & Neighborhood LOOKS Program (10 minutes) B.2 I R 2006-083 Demonstration of AutoCITE Handheld Ticket Writer (10 minutes) B.3 IR 2006-084 Vehicle Exhaust Extraction Systems for Fire Stations # 2 & 3 (10 minutes) C.o Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on July 21, 2006 at2 '~"\ Y ('\\ . . . This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. . .' . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, July 24, 2006 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: o Library on the Friday prior to the meeting (available electronically) o City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.O Call to Order - Mayor Oscar Trevino . A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) Yard of the Month Awards - Presented by Keep NRH Beautiful Commission Member Kathy Luppy and Councilman Turnage A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 Removal of Item(s) from Consent Agenda 8.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. . ~ . B.1 Approval of Minutes of June 15, 2006 Council Work Session B.2 Approval of Minutes of July 10, 2006 City Council Meeting B.3 GN 2006-063 Approve Contract with Texas Department of State Health Services for On-line Computer Services for Remote Vital Statistic Access B.4 PW 2006-027 Approve City-Developer Agreement with Phifer/Hogan Realty LLP for Impact Fee Reimbursement for an 8-inch Water Main located in the Country Place Estates Addition - Resolution No. 2006-064 B.5 PU 2006-051 Award Bid for the 2006 Pump Stations Electrical Modifications Project to C&M Electrical Contractors, Inc. in the Amount of $57,896 B.6 PU 2006-049 Authorize Contract Extension for Aquatic Chemical Supplies to D.C.C. Inc. - Resolution No. 2006-057 B.7 PW 2006-025 Approve an Interlocal Agreement with Tarrant County for the maintenance of North Tarrant Parkway Maintenance - Resolution No. 2006-063 C.O PUBLIC HEARINGS . C.1 GN 2006-064 Public Hearing and Action on Ordinance No. 2895 Amending Subdivision Ordinance and Zoning Ordinance Provisions on Building Permits for Unplatted Property, Regulations for the AG and R-1-S Districts, Setbacks in the OC, 0-1, NS, CS and HC Districts and Height Restrictions in R-1, R-1-S, R-2 and R-3 Districts. D.O PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.O PUBLIC WORKS E.1 PW 2006-021 Approve a Revised Local Project Advance Funding Agreement with the Texas Department of Transportation for the construction of intersection improvements at the intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard - Resolution No. 2006-059 E.2 PW 2006-022 Approve a Revised Local Project Advance Funding Agreement with the Texas Department of Transportation for the construction of Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Boulevard - Resolution No. 2006-060 . " . E.3 F.O F.1 PW 2006-023 Approve a Memorandum of Understanding with the Texas Department of Transportation for the expansion and re-striping of Davis Boulevard (FM 1938) from 5 to 7 lanes from Emerald Hills Way to Starnes Road - Resolution No. 2006-061 GENERAL ITEMS PU 2006-050 Award Bid to Yamaha Golf Car Company for the Lease of Golf Cars for Iron Horse Golf Course - Resolution No. 2006-058 F.2 GN 2006-066 Consideration of Retaining the Official Name of Norich Park - Resolution No. 2006-065 F.3 GN 2006-067 Consideration of Designating an Official Name for Goode Place Neighborhood Park - Resolution No. 2006-066 F.4 GN 2006-065 Contract Authorizing Pass-Through State Grant Agreement for the Northeast Transportation Service - Resolution No. 2006-056 F.5 Information and Reports - Councilwoman Compton F.6 Adjournment . All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on July 21,2006 at -2-' 5\ Ç) ,'), . , (\~ ~ i This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. . . . . A.O 8.1 8.2 B.3 C.O City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, July 24, 2006 6:15 P.M. Discuss Items from Reqular City Council Meetinq IR 2006-075 Litter NOT & Neiqhborhood LOOKS Proqram (10 minutes) I R 2006-083 Demonstration of AutoC ITE Handheld Ticket Writer (10 minutes) IR 2006-084 Vehicle Exhaust Extraction Systems for Fire Stations # 2 & 3 (10 minutes) Adiournment . . . DepartmentCity Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date:7-24-2006 Agenda No.A.O Subject Discuss Items from Regular City Council Meeting . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-075 Date: Subject: July 24, 2006 Litter NOT & Neighborhood LOOKS Program The Neighborhood Services Department is committed to enhancing neighborhoods, assisting individuals in need, and gaining citizen support in maintaining a clean and healthy environment. The Neighborhood Services Department has taken a hard look at their current programs and has combined similar programs that have similar goals and folded them into: "The Neighborhood Services IIP.E.A. C.E. Train Programs" (Public Participation, Education and Assistance for a Cleaner Environment). These P.E.A.C.E. Programs include: 1. The Neighborhood Initiative Program; 2. Community Development Block Grant (CDBG); 3. Adopt-a-Spot, and two (2) new programs 4. Litter NOT Program; and 5. Neighborhood LOOKS Program Litter NOT Proaram This program was developed this year, to identify public and private areas within or community where litter repeatedly accumulates and becomes an eye sore. Keep NRH Beautiful will solicit community involvement and identify and monitor these areas to ensure that these areas are maintained litter free by volunteers such as the Youth Advisory Committee, Teen Court, Senior Citizens, Honor Society students, businesses and individuals. Litter on private properties will be forwarded to Code Enforcement to work with the property owner to gain compliance. This program will work in concert with the existing Adopt-a- Spot Program. Each month, volunteers will pick up litter in these areas to ensure a cleaner environment. NeiQhborhood LOOKS ProQram This program was developed this year also, which allow us to partner with citizens and local businesses to make a better environment to live in. We will hold work ~hops to educate the citizens and businesses on "common code violations," the required notification process for ensuring due process and other mandated requirements for collecting evidence and violation verifications. Citizens and business owners will become knowledgeable enough of our ordinances to help monitor and identify violations in their neighborhood and help reduce the number of invalid complaints we receive each year. They will get acquainted with their code officer and develop a collaborative working relationship. Each year we will thoroughly inspect every residential and commercial property for compliance and maintain this enforcement on an on-going basis to reduce neighborhood decline. We will hopefully gain enough support to identify "block captains" to monitor and report violations throughout the year. Businesses will also be asked to maintain their properties and adjacent properties on an on-going basis. This overall community enhancement effort can only be accomplished through volunteers and business owners willing to commit a small portion of their time. We feel these programs will stimulate the community and we encourage all to 'Jump aboard the P.E.A.C.E. Train." Respectfully Submitted, Jo Ann Stout Director of Neighborhood Services -- ISSUED BY THE CITY MANAGER NORTH RICHLAND HilLS, TEXAS - . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-083 Date: July 24, 2006 Subject: Demonstration of AutoCITE Handheld Ticket Writer Since 2003 the NRH Police Department motorcycle officers have used AutoCITE Handheld Ticket Writers for writing citations. In February of this year, Council authorized the replacement and upgrade of the original AutoCITE units. In June, the Police Department became the first police department in the country to begin using the upgraded version of the AutoCITE. The new smaller, lighter units have the same citation writing ability, but they also have enhanced technology that allows the officers to perform their jobs more efficiently and effectively. The new units have: · Color displays which provide enhanced viewing for the officer by eliminating glare and data entry errors caused by the inability to see the screen; · Built in digital cameras that can be used to work accidents and identify violators who do not have proper identification; · Bar code readers which can read out-of-state driver's licenses and Texas licenses when the technology becomes available, as well as reading vehicle and license plate identification bar coding; · Voice recorders which can be utilized to record specific statements made by a violator during the stop. Staff from the Police Department will be at the worksession with an AutoCITE unit to demonstrate how the unit performs. Respectfully Submitted, Karen Bostic Managing Director ...... ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-084 Date: July 24, 2006 Subject: Vehicle Exhaust Extraction System For Fire Stations #2 & #3 The Fire Department applied for a 2005 Assistance to Firefighters Grant (FIRE Act Grant) for firefighter health and safety initiatives. The grant request was for vehicle exhaust extraction systems for Fire Stations # 2 & 3. Diesel exhaust fumes have been shown to contain carcinogens in both gaseous and particulate forms. This firefighter health initiative removes the harmful diesel fumes using source capture hoses attached to the vehicle's èxhaust pipe. Exhaust extraction systems have already been installed in Fire Station's # 1 & 4 as a part of the new construction. The grant request was approved in the amount of $124,002. The City's share of the project cost is $31,000. In accordance with the grant requirements, the project must be completed by October 20,2006. Staff has identified residual monies remaining in another Public Safety project that can be used to fund the City's share of the exhaust extraction system project. The Opticom System Upgrades, Phase II project was completed and has an unexpended balance sufficient to cover the City's $31,000 share of the exhaust extraction system project in accordance with the FIRE Act grant parameters. Staff recommends using the Opticom project savings to fund the City's share of the exhaust extraction system project. The purpose of the agenda item is to brief the City Council on the benefits of the program and answer any questions that you may have. Respectfully submitted, Mike Rawson Assistant Chief - Operations --- ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - . . . DepartmentCity Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date:? -24-2006 Agenda No.C.O . . . A.O A.1 A.2 A.3 City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, July 24, 2006 7:00 P.M. Call to Order - Mayor Oscar Trevino Invocation - Councilman Barth Pledqe - Councilman Barth Special Presentation(s) and Recoqnition(s) Yard of the Month Awards - Presented by Keep NRH Beautiful Commission Member Kathy Luppy and Councilman Turnage A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 Removal of Item(s) from Consent Aqenda B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 15. 2006 Council Work Session B.2 Approval of Minutes of July 10. 2006 City Council Meetinq B.3 GN 2006-063 Approve Contract with Texas Department of State Health Services for On-line Computer Services for Remote Vital Statistic Access 8.4 PW 2006-027 Approve City-Developer Aqreement with Phifer/Hoqan Realty LLP for Impact Fee Reimbursement for an a-inch Water Main located in the Country Place Estates Addition - Resolution No. 2006-064 . 8.5 PU 2006-051 Award Bid for the 2006 Pump Stations Electrical Modifications Proiect to C&M Electrical Contractors, Inc. in the Amount of $57,896 B.6 PU 2006-049 Authorize Contract Extension for Aquatic Chemical Supplies to D.C.C. Inc. - Resolution No. 2006-057 B.7 PW 2006-025 Approve an Interlocal Aqreement with Tarrant County for the maintenance of North Tarrant Parkway Maintenance - Resolution No. 2006-063 c.o PUBLIC HEARINGS C.1 GN 2006-064 Public Hearinq and Action on Ordinance No. 2895 Amendinq Subdivision Ordinance and Zoninq Ordinance Provisions on Buildinq Permits for Unplatted Property, Requlations for the AG and R-1-S Districts, Setbacks in the OC, 0-1, NS. CS and HC Districts and Heiqht Restrictions in R-1, R-1-S, R-2 and R-3 Districts. 0.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. . E.O PUBLIC WORKS E.1 PW 2006-021 Approve a Revised Local Proiect Advance Fundinq Aqreement with the Texas Department of Transportation for the construction of intersection improvements at the intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard - Resolution No. 2006-059 E.2 PW 2006-022 Approve a Revised Local Proiect Advance Fundinq Aqreement with the Texas Department of Transportation for the construction of Rufe Snow Drive from 100 feet north of Hiqhtower Drive to Mid-Cities Boulevard - Resolution No. 2006-060 E.3 PW 2006-023 Approve a Memorandum of Understandinq with the Texas Department of Transportation for the expansion and re-stripinq of Davis Boulevard (FM 1938) from 5 to 7 lanes from Emerald Hills Way to Starnes Road - Resolution No. 2006-061 F.D GENERAL ITEMS F.1 PU 2006-050 Award Bid to Yamaha Golf Car Company for the Lease of Golf Cars for Iron Horse Golf Course - Resolution No. 2006-058 . . F.2 F.3 F.4 GN 2006-066 Consideration of Retaininq the Official Name of Norich Park _ Resolution No. 2006-065 GN 2006-067 Consideration of Desiqnatinq an Official Name for Goode Place Neiqhborhood Park - Resolution No. 2006-066 GN 2006-065 Contract AuthorizinQ Pass- Throuqh State Grant Aqreement for the Northeast Transportation Service - Resolution No. 2006-056 F.5 Information and Reports - Councilwoman Compton F.6 Adiournment . . . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7-24-2006 Agenda NO.A.O Subject: Call to Order - Mayor Oscar Trevino . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7-24-2006 Agenda No.A.1 Subject: Invocation - Councilman Barth . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Barth Council Meeting Date: 7-24-2006 Agenda No.A.2 Subject: Pledge - Councilman Barth CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Kathy Luppy / Councilman Turnage Council Meeting Date: 7-24-2006 Agenda No.A.3 Subject: Special Presentation(s) and Recognition(s) Yard of the Month Awards - Presented by Keep NRH Beautiful Commission Member Kathy Luppy and Councilman Turnage July, 2006 AREA 1 Dewitt Smith. 4029 Diamond Loch East AREA 2 Charles R. Craft. 6725 Victoria Avenue AREA 3 Ben & Shirl Benton. 6348 Meadow Lakes Drive AREA 4 Dianna Isaccs, 7608 Palomar . AREA 5 Jeff & Janet DeHooah, 6116 Roarina SprinQs Dr. AREA 6 Marta Benavides, 7125 Cook Circle AREA 7 Vance and Sandy Penninaton, 7905 Country Oak Drive AREA 8 Gary and Jo Davis. 7501 Brockwood AREA 9 Martv & Linda Winn. 7604 Oak Knoll Business Landscape Winner Wells Farqo. Jeff Nickerson, Manaqer. 6700 Iron Horse Boulevard . . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-24-2006 Agenda No.A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date:? -24-2006 Agenda No.A.5 Subject: Removal of Item(s) from Consent Agenda . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-24-2006 Agenda No. B.O Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-24-2006 Agenda No.B.1 Subject: Approval of Minutes of June 15, 2006 Council Work Session Recommendation: To approve the minutes of the June 15, 2006 Council Work Session. . . . MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHlAND HillS, TEXAS HELD IN THE NORTH RICHlAND HillS RECREATION CENTER, ROOM B, 6720 NORTHEAST lOOP 820 - JUNE 15,2006 - 6:00 P.M. 1. CAll TO ORDER Mayor Trevino called the work session to order at 6:00 p.m. Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Mayor Mayor Pro T em Councilman Councilwoman Councilman Councilman Councilman Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Larry Koonce Drew Corn Mary Edwards Richard Abernethy Patrick Hillis City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Director of Finance Budget Director Public Information Officer Assistant to City Manager Human Resources Director Absent: Scott Turnage Councilman 2. DISCUSS PLANNING AND PROGRAM OF SERVICES FOR FISCAL YEAR 2006/2007 City Manager Cunningham outlined the agenda. Purpose of the work session is to provide information regarding the City's 2006/2007 preliminary budget, information on some pressing issues and financial matters affecting the City's program for the next twelve to eighteen months, to update Council on the planning process of the current fiscal year and receive input Council may want to provide for planning next year's program of services and work. During budget preparations, the 2005 Citizen Survey was taken into consideration. Staff has identified programs to be implemented during the coming year to address and resolve the citizen concerns. Ms. Karen Bostic, Managing Director of Fiscal and Administrative Services, briefly reviewed the definitions of each of the funds. . . . Mr. Larry Koonce, Finance Director, presented information on the fiscal year 2004/05 fund balances for the Operating and Capital Budgets. Mr. Koonce discussed the declining reserves in recent years due to increased cost of services, declining revenues, planned uses and extraordinary items. Council was advised of challenges being faced in the reserve funds for Information Services, Building Services, Permanent Street Maintenance CIP Pay-As-You-Go and Insurance Fund. Staff discussed with Council possible opportunities to rebuild the reserves through gas revenues and savings in the General Fund Budget. Council was asked if they would be supportive of using a portion of gas revenues to rebuild reserves and using a portion of general fund year-end budget savings to rebuild reserves. Council concurred with using a portion of the gas revenues and year-end budget savings to rebuild the reserves. Mr. Drew Corn, Budget Director, reviewed the 2005/2006 revised vs. adopted budget revenues and expenditures and highlighted the major changes impacting the revenues and expenditures. Mr. Koonce provided Council with information on the preliminary tax roll for 2006/07 and the distribution of tax revenues. Mr. Koonce explained the effective tax rate and the calculation of the effective tax rate. Mr. Corn presented information on the 2007 preliminary budget and compared the preliminary 2007 budget to the 2006 adopted budget. Impacts to revenues in the General Fund for FY 2007 were highlighted. Mayor Trevino called a recess at 7:20 p.m. and called the work session back to order at 7:30 p.m. with all members present as recorded. Staff presented Council with the following current and upcoming issues: · Post Employment Benefits - Deadline to implement GASB 45 is September 2009. Staff would like to implement early, but prior to implementation an actuarial study is required to determine estimated costs. The actuarial study will be required every two years. Councilman Sapp suggested that instead of using pay-as-you-go to fund the post employment benefits that consideration be given to setting up reserves. After discussion, the consensus of the Council was for staff to proceed with early implementation and to proceed with the Actuarial Study in FY 2006-2007. · Cost Increases - Staff discussed with Council the increased costs for fuel and electricity and the affect of the cost increases on the goods and services needed by the City to deliver municipal services. · Tarrant Appraisal District Funding Increase - The funding for Tarrant Appraisal District (TAD) is allocated among taxing entities by a proportion of property tax proposed. Currently, schools are funding 56.34% of TAD. Because school finance reform has lowered the tax rate of schools by 11 %, the funding will shift to cities, county and county districts. The Texas Municipal League is estimating increases to cities will be approximately 6.7% the first year and 16.5% the . following year. This will impact North Richland Hills $8,000 the first year and an additional $20,000 the following year. · Permanent Street Maintenance Funding - Mr. Bass discussed funding levels at $600,000 (current level), $800,000, $1 ,000,000 and $1,200,000 and compared the number of streets that could be improved at the various levels. The Council desired to increase the city's investment in the Preventive Street Maintenance Program and consensus was to increase the funding level to $800,000. · Compensation Plan - Mr. Hillis discussed the history of the city's compensation plan and the market adjustments that have been made to the plan. Mr. Hillis advised that over the last year the market average has moved at a greater rate resulting in the city's plan being below market average. After discussion, Council consensus was to continue the philosophy of maintaining the pay range mid- points at market average. Council was also agreeable to considering a phased- in approach to reaching the market averag~. · Municipal Wireless Networking - Ms. Bostic explained a mesh network and future opportunities with a mesh network. Council discussed moving towards a "wireless mesh" type system and providing in the future a wireless network for citizen use. The pros, cons, and questions needing to be addressed in order to implement a wireless network were discussed. Council was advised a comprehensive study on the layout and design would be needed if Council were supportive toward a wireless networking system. The consensus of the Council was to proceed with a comprehensive study and evaluate the results of the study. · Taxation on Personal Use Leased Vehicles - Ms. Bostic advised that in November 2001 an ordinance was passed to continue the taxation of all leased vehicles. Recently some Council members have expressed a concern with the auto dealers and leasing companies passing the tax on to the consumers. Council was advised that the tax can be rescinded by ordinance and would take effect the following tax year. The potential revenue loss from the tax on the personal use leased vehicles would be $90,000. The consensus of the Council was to discontinue the taxing of personal use leased vehicles. · Use of TXU and Charter Settlement Dollars - Ms. Bostic discussed the amount of money the City will receive from the Charter settlement and possible use of the funds. Council was advised that the cameras and broadcast equipment in the Council Chambers, the recording system for city meetings and the Council Chamber voting system were ten plus years old and needed to be upgraded, After discussion, Council was supportive of using the funds received from the Charter settlement to make improvements to the Citicable equipment and upgrade the equipment for public meetings in the Council Chambers. Ms. Bostic discussed the settlement agreement with TXU and the amount of funds that will be available for "beneficial public use". Council was advised of upcoming Neighborhood Service programs needing funding - Neighborhood Initiative Program, Litter Not Program, Neighborhood Looks Program and Utility Bill Assistance Program, Some of the programs are in response to the citizen survey. After discussion, Council was supportive of using the settlement dollars from TXU towards the Neighborhood Services and agreed to the establishment . . . . . of a program and guidelines for those citizens who have a proven need can receive assistance with their utility bills. · Policy on Uses of Revenues from Mineral Leasing - Ms. Bostic presented Council with three areas of consideration for use of the gas revenues - 1) to bridge the gap of sales tax revenue reductions; 2) to use "one time" (bonus) revenues for projects or non-recurring capital projects; 3) to use the revenues for expanding the City's economic base and use for economic development. Ms. Bostic discussed the types of revenues from mineral leasing and suggested possible distribution of the revenue. Distribution of revenue from a park site developed with general fund revenue would be 85% General Fund and 15% Economic Development. Distribution of revenue from a park site developed with sales tax revenue would be 500/0 Park Development Fund, 35% General Fund and 15°~ Economic Development Fund. Distribution of revenue from Iron Horse would be 1 OOo~ to the Golf Course. Distribution of revenue from other city property would be 1 Ooo~ to Utility fund if it is "utility" property, 100% to General Fund if General Fund property and 50/50 split if a combination of the two properties. After discussion, Council was supportive of the gas revenues being used and allocated in the manner suggested by Staff. The consensus of the Council was also to consider a resolution approving a plan and policy for the use of the funds. · Facility Planning - Mr. Torres discussed with Council several relocation or adjustment needs for facilities and/or city departments that needed to be considered in the future and questions that needed to be resolved. Council was agreeable to including in next year's budget funds for the hiring of an architectural firm to assist the City in determining spatial needs for the future, location opportunities, cost estimates, etc. for facility planning. Councilman. Sapp felt that the Senior Center should also be included in the plan. The budget calendar and key dates were reviewed with the Council. 3. ADJOURNMENT Mayor Trevino adjourned the work session at 9:38 p.m. APPROVED: Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-24-2006 Agenda No.B.2 Subject: Approval of Minutes of July 10, 2006 City Council Meeting Recommendation: To approve the minutes of the July 10, 2006 City Council meeting. . . . MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 10, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of July, 2006 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 p.m, regular Council meeting. Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton David Whitson Scott Turnage Tim Barth Tim Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Monica Solko George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Eric Wilhite Greg VanNeiuwenhuize Jimmy Perdue Dave Pendley Call to Order Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilman Councilman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Chief Planner Assistant Public Works Director Chief of Police Building Official Mayor Trevino called the work session to order at 6:08 p.m. A.O Discuss Items from Reqular City Council Meetina Agenda Item F.1 - GN 2006-060 - In response to a question from Mayor Trevino, Staff verified that approval of the item would repeal tax on lease vehicles used for personal . . . use only and the figures presented to the Council during the June 15 Budget Work Session was for personal use lease vehicles. Item B-3 - PU 2006-048 - City Manager Cunningham advised that staff would like to further evaluate the item. Staff is requesting that the item be removed from the Consent Agenda and held until the next Council meeting. B.1 IR 2006-081 Review Trans Texas Corridor 35 Aliqnment Mr. Greg VanNeiuwenhuize, Assistant Public Works Director, presented a PowerPoint presentation explaining the concept of the Trans Texas Corridor 35 and its purpose. The Council discussed TxDOT's proposed corridor and the Regional Transportation Council's (RTC) endorsed route. TxDOT's preferred corridor in the DFW area is to the east of Dallas. RTC's preferred corridor takes advantage of the SH360 corridor for automobile traffic and uses other existing and planned facilities for truck and rail traffic. The Council was advised that representatives from North Central Texas Council of Government would be present during the regular Council meeting to further discuss the two different alignments. Council will consider a resolution during the regular council meeting supporting the Trans Texas Corridor-35 Project with a realignment of the corridor to a location central to the DFW Metroplex. TxDOT is receiving public comments at public hearings being conducted throughout the region. The City's support for the position taken by the RTC for the realignment of the corridor will be conveyed to TxDOT. B.2 IR 2006-079 Stormwater Permit. Phase II - Update Mr. Mike Curtis, Public Works Director, presented a PowerPoint presentation updating the Council on Phase II of the EPA Storm Water Permit Program. Mr. Curtis briefly highlighted the control measures and advised that the majority of the management practices have been implemented. B.3 IR 2006-080 Discuss Air Qualitv Impacts Related to Power Generation Mayor Pro Tern Lewis reported to Council on a meeting he attended in Arlington on behalf of Mayor Trevino. In attendance at the meeting were other Mayors and city officials. The purpose was to discuss air quality issues. The discussion started with world warming and ways in which cities can reduce pollution and air quality problems and centered on taking a position on the proposed eleven new coal-fired power plants planned by utility companies. Dallas Mayor Laura Miller would like area mayors to create a collation to oppose the permitting of the eleven power plants. Each city would contribute $10,000 to the coalition. The cities who are opposing the plants are not opposed to the building of the plants, but want more environmentally friendly types of power generating facilities. It was suggested at the meeting that it needed to be a more . . . regional effort and perhaps the matter should be pursued through the Council of Governments (COG). Mr. Cunningham advised that he had discussed the matter with the Executive Director of COG and that COG would be willing to assist the area cities. After discussion, Council concurred that they felt it was a COG issue and agreed to wait and see what COG did. C.1 Executive Session Mayor Trevino announced at 6:50 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551.071, Texas Government Code to consult with attorney to seek advice about pending litigation regarding Steven Rodgers. 0.0 Adjournment Mayor Trevino announced at 6:53 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.D. CALL TO ORDER Mayor Trevino called the meeting to order July 10, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilman Councilman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney . . . A.1 INVOCA TION Councilwoman Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) None. A.4 CITIZENS PRESENTATION Ms. Laverne O'Steen, 8429 Emerald Circle, presented a picture of a failing retaining wall in the Emerald Lakes area and commented this was her 11 th citizen presentation on the subject matter. Ms. O'Steen commented on concerns associated with the Emerald Lakes. ' A.5 GN 2006-061 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT Mr. Richard Abernethy, Assistant to the City Manager, introduced Youth Advisory Committee members in attendance - Sarah Shive, Chair, Kenzie Brewer, Secretary, Collin Brewer, Treasurer and Keely Roberts, committee member. The officers highlighted the Committee's year-end report and discussed their proposed activities for the Fall. COUNCILWOMAN COMPTON MOVED TO ACCEPT THE YOUTH ADVISORY COMMITTEE'S END OF YEAR REPORT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0.. . . . A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Mayor Pro Tern Lewis removed Item B-3 from the Consent Agenda. Councilman Welch removed item 8-4 from the Consent Agenda. Mayor Trevino advised that Staff would be further evaluating Item B-3 and that there would be no action taken. 8.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 26,2006 CITY COUNCIL MEETING B.2 PAY 2006-004 APPROVE FINAL PAYMENT TO SHARROCK ELECTRIC, INC. IN THE AMOUNT OF $3,968.03 FOR THE RUFE SNOW DRIVE AT BURSEY ROAD TRAFFIC SIGNAL INSTAllATION PROJECT B.3 REMOVED B.4 REMOVED MA VOR PRO TEM LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. B.3 PU 2006-048 AWARD BID TO E-Z-GO TEXTRON FOR THE LEASE OF GOLF CARS FOR IRON HORSE GOLF COURSE - RESOLUTION NO. 2006-056 NO ACTION TAKEN Removed for further evaluation by Staff. 8.4 PW 2006-018 AUTHORIZE CONTRACT WITH REYNOLDS ASPHALT & CONSTRUCTION CO. FOR THE 2006 MISCELLANEOUS STREET SUBGRADE STABILIZATION PROJECT - RESOLUTION NO. 2006-054 APPROVED Councilman Welch requested verification of the budgeted amount and questioned if Staff was comfortable with the low bid. . . . Mr. Mike Curtis, Public Works Director, advised $95,000 was budgeted for the project. Staff has worked with Reynolds on other city projects and although the bid is less than the other bids, Staff is comfortable with awarding the bid to the low bidder. Reynolds has completed other city projects satisfactorily, within budget and within days bid. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-054. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 RP 2006-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM FRED & PAM KLICH TO APPROVE A RESIDENTIAL REPLAT OF LOT 18, BLOCK 2, W. E. ODELL ADDITION TO LOTS 18R1 AND 18R2, BLOCK 2, W. E. ODELL ADDITION (LOCATED IN THE 8000 BLOCK OF ODELL) APPROVED Mayor Trevino opened the public hearing. Nature of request is to consider a residential replat of Lot 18, Block 2, W.E. Odell Addition. The purpose of the replat is to split the lots in half. The property is currently zoned R-3 Single Family Residential. Applicant is requesting a waiver for reduction in lot width to 60 feet and the minimum square footage lot area. Because other lots within the subdivision are configured similarly, Staff supports the variance request. The Planning and Zoning Commission recommended approval with the requested variance of lot widths from 70' to 60' and reduction of minimum lot area being granted. Ms. Pam Klich, owner and applicant presented the request and requested approval of the variance. Mr. Eric Wilhite, Chief Planner, presented the summary of issues, and recommendations of the Staff and Planning and Zoning Commission. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WELCH MOVED TO APPROVE RP 2006-05 WITH REQUESTED VARIANCE FROM 70 FEET TO 60 FEET. COUNCILMAN TURNAGE SECONDED THE MOTION. MR. WILHITE ASKED IF THE MOTION ALSO INCLUDED THE MINIMUM SQUARE FOOTAGE LOT AREA. . . . COUNCILMAN WELCH AND COUNCILMAN TURNAGE ACCEPTED THE INCLUSION OF THE REDUCTION OF THE MINIMUM SQUARE FOOTAGE LOT AREA. MOTION TO APPROVE CARRIED 7-0. C.2 RP 2006-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TOM KILPATRICK ON BEHALF OF JIMMY RUST TO APPROVE A RESIDENTIAL REPLA T OF LOT 5, BLOCK 7, BRIARWOOD ESTATES TO LOTS 5R1-5R5, BLOCK 7, BRIARWOOD ESTATES, AND PUBLIC IMPROVEMENT LIEN, (LOCATED IN THE 7600 BLOCK OF HEWITT ST.) APPROVED Mayor Trevino opened the public hearing. Nature of request is to consider a replat of Lot 5, Block 7, Briarwood Estates creating five R-2 single-family lots. The Development Review Committee reviewed the plat and has determined that it complies with the Zoning and Subdivision Ordinances. The Planning and Zoning Commission recommended approval of RP 2006-06 with the conditions that front building setback lines on lots 5R1 thru 5R4, and the front building line on 5R5 along Hewitt Street, be increased from 20' to 25'. Staff recommends approval. Mr. Tom Kilpatrick, 3313 East Ridge, Haltom City, representing the applicant, presented the item and was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, presented the item and recommendations of Staff and the Planning and Zoning Commission. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN SAPP MOVED TO APPROVE RP 2006-06 INCLUDING RECOMMENDATION OF THE PLANNING & ZONING COMMISSION REGARDING SETBACK ADJUSTMENTS. COUNCILMAN WHITSON SECONDED THE MOTION. ' MOTION TO APPROVE CARRIED 7 -0. PLANNING & DEVELOPMENT . D.1 SP 2006-05 CONSIDERATION OF A REQUEST FROM NORTH FOUR DEVELOPMENT PARTNERS FOR APPROVAL OF A SITE PLAN FOR LA FONTAINE RI-PD (LOCATED IN THE 7700 BLOCK OF DAVIS BLVD. - 4.21 ACRES) APPROVED Applicant received RI-PD zoning in February for a 4.27 -acre tract located at 7716 Davis Boulevard to be known as La Fontaine Addition. During the zoning hearing, the applicant committed to coordinate with the Parks Department concerning the proposed fencing along the northern boundary adjacent to the dog park. The applicant also committed to the maintenance of the fencing being incorporated into the HOA documents to insure the continuity of the fence as repairs are made. Applicant submitted with the zoning a conceptual plan and narrative outlining the basic development. Applicant has submitted final site plan and plat for approval. The Planning & Zoning Commission recommends approval with the condition that the 6 feet screening fence indicated along Lot 22 include an evergreen vegetative screen being a minimum of 12 feet height when planted and be 8 feet on centers. Staff recommends approval of the request. Mr. Don Phifer, applicant, 8360 Thornhill Drive, presented request and was available for questions from Council. . Councilman Sapp asked the applicant if he would be willing to stipulate something more durable in terms of quality for the fence bordering the dog park. Mr. Phifer advised the fence would be on steel posts and he can use either cedar or treated wood. Mr. Phifer advised it was his understanding that treated pine is more durable than cedar. The maintenance of the fence will be included in the HOA documents. Mr. Eric Wilhite, Chief Planner, summarized the item and presented recommendations of the Staff and Planning and Zoning Commission. COUNCILMAN WELCH MOVED TO APPROVE SC 2006-05 WITH RECOMMENDATIONS OF THE PLANNING & ZONING COMMISSION AND THAT THE DEVELOPER WORK WITH PLANNING DEPARTMENT TO HAVE A FENCE THAT WILL BE OF MUTUAL BENEFIT FOR BOTH THE CITY AND RESIDENTS. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. . D.2 FP 2006-045 CONSIDERATION OF A REQUEST FROM NORTH FOUR DEVELOPMENT PARTNERS TO APPROVE THE FINAL PLAT OF A 4.21 ACRES INTO LOTS 1-23, BLOCK 1, LA FONTAINE ADDITION (LOCATED IN THE 7700 . . . BLOCK OF DAVIS BLVD.) APPROVED Applicant is requesting approval of the final plat of La Fontaine Addition. Final Site Plan for the RI-PD is also being considered with final plat. The Development Review Committee has reviewed the plat and has determined that it is consistent with the preliminary plat approved by the Planning and Zoning Commission. The Planning and Zoning Commission recommends approval of the final plat. Mr. Don Phifer, 8360 Thornhill Drive, applicant, presented the item and was available for questions. Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendation of the Planning and Zoning Commission. COUNCILMAN TURNAGE MOVED TO APPROVE FP 2006-045. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC WORKS E.1 PW 2006-020 APPROVE A RESOLUTION STATING SUPPORT FOR THE TRANS TEXAS CORRIDOR-35 PROJECT WITH A REALIGNMENT OF THE CORRIDOR TO A LOCATION CENTRAL TO THE DALLAS/FORT WORTH METROPLEX- RESOLUTION NO. 2006-055 APPROVED Mr. Greg VanNeiuwenhuize, Assistant Public Works Director, presented item. Item is to consider a resolution in support of the Trans Texas Corridor-35 Project (TTC-35) with a realignment of the Corridor to a location central to the Dallas/Fort Worth Metroplex. TxDOT has developed a general alignment for the corridor east of Dallas and is conducting public hearings throughout the area on the TTC-35. Various DFW transportation entities have taken a stance against TxDOT's general alignment. The Regional Transportation Council is supporting an alignment that will connect the corridor into 360. The proposed resolution supports the TTC-35 project with a realignment of the corridor to a central location within the DFW Metroplex as proposed by the Regional Transportation Council. Mr. VanNeiuwenhuize introduced Mr. Mike Sims, North Central Texas Council of Governments. Mr. Sims discussed the proposal developed by the State and the proposal endorsed by the Regional Transportation Council. . . . Mr. VanNeiuwenhuize advised that concerns and endorsements may be presented at any of the TxDOT public meetings being held throughout the region. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-055. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.1 PW 2006-019 CONSIDER ADOPTION OF WATER CONSERVATION REQUIREMENTS AND RESIDENTIAL SENSORS - ORDINANCE NO. 2893 APPROVED Mr. Mike Curtis, Public Works Director, presented item. Item is to consider adoption of a water conservation plan similar to the City of Fort Worth. Fort Worth's plan consists of four major water conservation methods: 1) Prohibit outdoor watering from 10 a.m. to 6 p.m., June 1 to September 30, except with a hand held or soaker hose. Effective annually. 2) All new residential irrigation systems will be installed with rain and freeze sensors. 3) Annual inspection of rain and freeze sensor on commercial irrigation systems. 4) Retrofitting existing nonresidential irrigation systems with rain and freeze sensor. The proposed ordinance implements items 1 and 2. North Richland Hills has required since October 1999 that all nonresidential projects with landscape improvements to have rain and freeze sensors installed on irrigation systems. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2893. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 GN 2006-060 CONSIDER REPEALING SECTION 74-36 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ALLOWING VEHICLES LEASED FOR PERSONAL USE TO BE EXEMPT FROM AD VALOREM TAXES - ORDINANCE NO. 2892 APPROVED . . . Ms. Karen Bostic, Managing Director, presented item. Item is to consider an ordinance to repeal the assessment of ad valorem taxes on vehicles leased for personal use. Council discussed the item at their June 15 Budget Work Session and the consensus was to repeal the tax. The repeal of the tax will become effective with the 2007 tax year. MAYOR PRO TEM LEWIS MOVED TO APPROVE GN 2006-060, APPROVING ORDINANCE No. 2892. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F2. GN 2006-059 APPOINTMENTS TO CONSTRUCTION CODE OF APPEALS BOARD APPROVED Mr. Dave Pendley, Chief Building Official, presented the item. The terms of office for the board members serving in Places 2, 4 and 6 of the Construction Code of Appeals Board expired June 30, 2006. The North Richland Hills Code of Ordinances provides that appointments to the Board are recommended by staff and approved by Council. In addition, members serving on the board must meet the requirement of technical expertise in construction fields. Staff is recommending the appointment of Mark Ford to Place 2, Lynn Motheral to Place 4 and Lloyd Robinson to Place 6 with terms expiring June 30, 2008. COUNCILMAN WHITSON MOVED TO APPROVE GN 2006-059. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F3. GN 2006-062 APPOINTMENTS TO CIVIL SERVICE COMMISSION - PLACE 1, 2, 4 AND EX OFFICIOS APPROVED Ms. Patricia Hutson, City Secretary, presented item. Terms of office for Civil Service Commission members serving in Places 1, 2, 4 and Ex Officio positions expired on June 30. The Charter provides that appointments are to be made by the Mayor with confirmation by the Council. Mayor Trevino is recommending the appointment of Sally Bustamante to Place 1, September Daniels to Place 2, Dick Bartek to Place 4 and Brent Barrow and Patti Trainer to the two Ex Officio positions. . COUNCILMAN SAPP MOVED TO APPROVE GN 2006-062. COUNCILWOMAN COMPTON SECONDED THE MOTION MOTION TO APPROVE CARRIED 7-0. F4. INFORMATION AND REPORTS - COUNCILMAN SAPP APPROVED Councilman Sapp made the following announcements. Dan Echols Senior Center will host a Veterans & Surviving Spouses Program at 11 a.m. on Wednesday, July 12th. Participants will learn about benefits and services available through the Veterans Administration. For more information, please visit www.nrh20.com or call 817-281-9267. Dive-in Movies continue on Friday nights at NRH20. Join us on July 14 for "Harry Potter and the Goblet of Fire" and July 21 for "Racing Stripes." Dive-In movies are free with paid admission to the park. For more details, please call 817-427-6500. . The next training session for the North Richland Hills Community Emergency Response Team is scheduled to begin on August 1 st. For additional information about this program, please visit www.nrhtx.com and click on the Fire Department link, or call the Fire Department at 817-427-6900. Kudos Korner - Officer Chris Rodriguez, Police Department - An e-mail was received from a NRH resident who was pulled over by Officer Rodriguez for a traffic stop. The resident said it was the first time in 27 years she had been stopped by police and she appreciated the officer's professionalism and service. She also stated that she is grateful for the security and protection she feels when seeing the officers in her neighborhood. F5. INFORMATION AND REPORTS -IR 2006-078 POLICE DEPARTMENT 2005 ANNUAL REPORT Police Chief Perdue presented a PowerPoint presentation of the Police Department's 2005 annual report. F.6. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:29 p.m. . . . . ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-24-2006 Agenda No.B.3 Subject: GN 2006-063 Approve Contract with Texas Department of State Health Services for On-line Computer Services for Remote Vital Statistic Access The Central Records Division of the City Secretary's Office registers birth and death records and issues certified birth certificates from the Texas Department of State Health Services' remote access computer system. We previously entered into a contract in 1997 with the State to access their computer system to perform this service. The State is requesting that we execute a new contract with them. The new contract is very similar to the current contract. The new contract adds a provision for the handling of credit requests for voided records and the security provision has been expanded. The compensation for the use of their system remains the same and the City will not incur any additional expenses. The term of the new contract is two years, commencing September 1 , 2006 and going through August 31, 2008. Recommendation: To approve GN 2006-063 approving the contract with Texas Department of State Health Services for their on-line computer services for vital statistic records. . -.---------..---.-- . . DSHS DOCUMENT NUMBER: 537537537 A *20080-0 I STATE OF TEXAS COUNTY OF TRAVIS This CONTRACT and AGREEMENT by and between the Department of State Health Services, Bureau of Vital Statistics, hereinafter referred to as PERFORlvllNG AGENCY, and acting through its Chief, Bureau of Financial Services, and CITY OF NORTH RICHLAND HILLS, hereinafter referred to as RECEIVING AGENCY, is as follows: L SCOPE OF WORK: PERFORMING AGENCY agrees to provide on-line computer services in support of RECEIVING AGENCY from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error, PERFORMING AGENCY may temporarily suspend services without advance notice. RECEIVING AGENCY \vill search PERFORMING AGENCY databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format fonnally approved by PERFORMING AGENCY. No limit \vill be established on the number of searches per month not resulting in issuance of a certification, provided the number is reasonable. RECEIVING AGENCY \\-'ill acquire the necessary data processing equipment, cOlnnlunications, hardware or software, and purchase "bank noten paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist in connection of the equipment, furnish sofhvare program and provide technical assistance, if necessary. RECEIVING AGENCY ackno\vledges that records' may not be located in the searching process instituted by RECEIVING AGENCY or records \vhich are located may have errors due to: A) nonnal key-enlry errors in spellings; B) accidental failure on the part of the PERFORMING AGENCY to update a file for an amendment or paternity detennination; and C) the event year does not exist on the system. RECEIVING AGENCY will notify PERFORMIN'G AGENCY in writing, at least monthly of errors or suspected errors that exist on the data base information. RECEIVfNG AGENCY is to maintain an inventory control and account for each docun1ent produced on "bank note" paper, including voided documents. . . . RECEIVING AGENCY is responsible for maintaining a system of vital record keeping that is in accordance \vith Chapters 191 through 195 of the Health and Safety Code and the regulations adopted thereunder. li. LEGAL AUTHORITY TO CONTRACT Chapter 12, Health and Safety Code. !!1 TERM The term of this AGREEMENT is to begin Septclnber 01, 2006 and shall remain in effect until August 31 t 2008. IV. COMPENSATION RECEIVING AGENCY agrees to reimburse PERFORtvUNG AGENCY $1.83 (One Dollar and 83/100) for each Certification of Vital Record printed as a result of searches of the database. RECEIVING l\GENCY agrees to charge the same base search fee for a birth certificate as the PERFORMING AGENCY. Additional fees n1ay only be charged as authorized by Texas I-lealth and Safety Code 191. A monthly itemized billing showing the number of transactions by date \\-°ill be submitted to RECEIVING AGENCY by PERFORMING AGENCY and payment \vill be made no later than thirty (30) days following the billing date. Payment will be considered made on the date poshnarked. V. CONFIDENTIALITY RECEIVING AGENCY \vill maintain sufficient safeguards to prevent release or disclosure of any infonnation obtained hereunder to anyone other than RECEIVING AGENCY employce(s) or those \vho have an official need for the infonnation and are authorized to receive such records. RECEIVING AGENCY further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in \vriting by both parties. VI. SECURITY RECEIVING AGENCY agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify DSHS immediately should it detect a security violation by one of its employees or any other person. RECEIVING AGENCY is responsible for insuring that authorized RECEIVING AGENCY cmployee(s) use only their 0\\'11 individual pass\\'ords \vhilc logged into PERFOR1v1ING AGENCY'S on-line computer applications. PERFORMING AGENCY will inactivate any individual \vho does not use their account for ninety (90) days. RECEIVING AGENCY shall notify PERFORMING AGENCY of all branch locations. 01 2 . . . - ----....-- --- --.------- VII. INSPECTIONS RECEIVING AGENCY shall pennit authorized PERFORMING AGENCY personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain cOInpliance with the tenns of this contract. VIII. VOIDED RECORDS PERFORNIING AGENCY \vill handle credit requests for voided records due to mistakes or errors on a case-by-casc basis. Credit requests may be considered in those cases of emergency situations, i.e., equipment and systems failure or inclement weather. RECEIVING AGENCY shall submit these requests in \vriting along with pertinent documentation to provide a justification to the State Registrar and/or designee for approval. PERFORMING AGENCY \vill provide written documentation to the RECEIVING AGENCY on the status of the approval of credit requests. RECEIVING AGENCY must notify PERFORMING AGENCY'S Security Manager in v.Titing to clear voided records from the remote access system's customer lifetime counts. IX. TERMINATION This contract Inay be terminated either by mutual agreement of the parties or by either party upon the giving of sixty (60) days written notice to the other party. RECEIVING AGENCY agrees to pay PERFORMING AGENCY for all services completed prior to the effective date of such termination. PERfOR1v1ING AGENCY may immediately suspend this agreement upon reasonable suspicion that tenns of this agreement have been violated by the RECEIVfNG AGENCY or one of its employees. If~ after investigation it is concluded that a violation of this agreement has occurred, PERFORMING AGENCY may tenninate this agreement y¡ithout further notice. X. SEVERABILITY If any provision of this contrdct will be construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions hereof. The illegal or invalid provision \vil1 be deemed stricken and deleted herefrom to the same extent and effect as if never incorporated herein, but all other provisions will continue. XI. FUNDING This contract is contingent upon the availability of funding. PERFORMING AGENCY Inay amend or temlinate all or any part of this contract if available funds become reduced, depleted, or unavailable during the term of this contract. RECEIV ING AGENCY \vill have no right of action against the State of Texas or the PERFOR1vIING AGENCY in the event that PERFOR1\tUNG AGENCY is unable to fulfill its obligations under this contract as a result of the suspension, termination, \vithdra\val, or failure of funding to PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any Attachmcnt(s) to this contract. If funds become unavailable, provisions of the Tennination Article \vill apply. . . . EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED. RECEIVING AGENCY CITY OF NORTH RICH LAND HILLS By: (Name) (Title) Date: Recommended by: (Name and Title) APPROVED AS TO FORJ\.1: By: (Name and Title) PERFOIUvUNG AGENCY DEPART~IENT OF STATE HEALTI-I SERVICES By: Bob Burnette, Director Client Services Contracting Unit Date: VID#: 35375375371000 DSHS DOCUMENT NUMBER: 537537537 A *20080-01 4 . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 7-24-2006 Agenda No.B.4 Subject: PW 2006-027 Approve City-Developer Agreement with Phifer/Hogan Realty LLP for Impact Fee Reimbursement for an 8-inch Water Main located in the Country Place Estates Addition - Resolution No. 2006-064 Phifer/Hogan Realty, LLP (Developer) of the Country Place Estates Addition (Block 2, Lots 1-5; Block 3, Lots 1-9; Block 4, Lots 1-5) has installed the public water mains which will serve this development. One of these public water mains, an 8-inch line from Davis Boulevard east through the site, then south towards Northfield Drive is included in the Water and Wastewater Impact Fee Study dated January 4, 2005 by Freese & Nichols, Inc. and approved by the City Council on March 28, 2005. This 8-inch water main is identified as "Proposed Project No. 11" in the Impact Fee Study. These improvements, as outlined in the study, are eligible for reimbursement based on a maximum total construction cost of $69,993.60 (prorated to reflect the actual length of pipe installed by the Developer), of which 1 00% is available as the maximum reimbursement amount. The Developer has submitted a total construction cost of $33,935.88, which is well below the available maximum reimbursement amount, resulting in a proposed reimbursement value of $33,935.88. In accordance with the Impact Fee Ordinance (No. 2826) and upon the City Council's approval of the City-Developer Agreement for the Country Place Estates Addition, the Developer will receive reimbursement for the improvements. The final reimbursement amount will be $33,935.88. Recommendation: To approve Resolution No. 2006-064. . . . RESOLUTION NO. 2006-064 WHEREAS, the City Council has reviewed the City-Developer Agreement for Impact Fee Credit with Phifer/Hogan Realty, LLP and has received the recommendations of its staff; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HillS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute the Agreement as the act and deed of the City of North Richland Hills. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHlAND HilLS ATTEST: By: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Public Works Director . . . CITY OF NORTH RICIILAND (IILLS CITY-DEVELOPER AGl{EEMENT FOR IMPACT FEE CRED[~r STATE OF TEXAS § § § KNOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT The parties to this contract are Phifer/Ilogan Realty, LLP, of the County of Tarrant, State of Texas (hereinafter "Developer"), and the City of North Richland Hills, Tarrant County, Texas (hereinafter "City"). WITNESSETH: For and in consideration of the mutual covenants herein contained and for the purposc of providing public water improvements shown in the construction documcnts titled "Country Place E~tates~ Block 2, 3, &.4" (2004) the Developer and the City hereto agree: I . The Developer has paid to the City all processing fees and has furnished the necessary permits, easen1ents, and right-of-way as required for the construction of the above referenced facilities. Tn addition, the Developer has delivered construction plans, speci fìc,ations and all other necessary contract docun1ents prepared by a registered professional englneer~ and has also furnished construction surveying, cut sheets and field adjustlnents. 2. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the constnlction is in accordance with the project specifications and the City standards. 3. The Developer has provided to the City on City Forms, maintenance bonds in the amount of twenty (200/0) percent of the contract price. 4. 'rhe City agrees to participate in the cost of the facilities by crediting certain impact fees to Developer after construction is complete and accepted. rrhc description and an10unt of participation is as follows: In accordance with Ordinance No. 2826, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the agreed upon below, after construction of the improvements have been complcled and accepted by thc City. If the actual amount paid to the Developer is less than the bid amount, the City participation \viU be reduced accordingly. -.- .... Fac·ilities EI igible Construction Cost Eligible Percentage MaxirnUtll Rcimbursement Anlount Developer's Cost Proposed Project # 11 $69,993.60 (Ilnpact Fee Study) 100.0% $69,993.60 $33,935.88 I -... .~-- . City-Developer Agreelnel11 - Phifer/Hogan Realty -.' Page I . . . TOTAL MAXIMUM IŒIMßURSEMENT = $69.993.60 5. The City will provide inspection as required and upon satisfactory con1pletion of the work, the city will accept o\vncrship, I11aintenance and operation of the system subject to the tcrnlS of the maintenance bonds. 6. '[he Developer further covenants and agrees to, and by these presents does hereby, fully indenlnify and hold harn1less the City, its officers, agents, and cn1ployces from all suits, actions, or claims of any character, whether real or asserted, brought fè>r or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting [raIn or in connection \-\lith the construction, design, perfornlance or con1pletion of any work to be perforn1ed by said Developer, his contractors, subcontractors, officers, agents or en1ployees~ or in consequence of any failure to properly safeguard the \vork, or on account of any act, intentional or othCf\vise, neglect or misconduct of said Developer, his contractor, subcontractors, officers~ agents, or elnployees, \vhether or not such injuries, death or dalnages are caused, in w'hole or in part, by the alleged negligence of the City of North Richland f{ills, its officers, agents, scrvants, clnployees, contractors or subcontractors. 7. Upon cOlnpletion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances shall be vested in the City of North Richland Hills, Texas. Phifer/Hogan Realty, LLP By: Don D. Phifer, Menlber City of North Richland Hills By: Larry J. Cunninghaln, Ci ty Manager C~i(v-Develope,. Agreenlent - Ph~rer/Hogan Realty -- Pa~e 2 . Country Place Estates Impact Fee Water Line . ~ N . . . . CITY OF NORTH RICHLAND HILLS Department City Secretary Presented by: T.Powelll L.Koonce Council Meeting Date: 7-24-2006 Agenda No.B.5 Subject: PU 2006-051 Award Bid for the 2006 Pump Stations Electrical Modifications Project to C&M Electrical Contractors, Inc. in the Amount of $57,896 The 2005/06 Budget included $65,000 for electrical modifications to several pump and lift stations to allow an emergency generator to be connected to the facility during a power outage. The pump and lift stations included in this project are the Booth Calloway pump station, College Hills pump station, Daley lift station, Johnson pump station, and the Stanley Keller pump station. Upon completion of this project, all of these facilities will be able to maintain service during a power outage via emergency generator power. The Public Works Department recently purchased a 350 Kva portable generator equipped with a quick disconnect cable which can be utilized at any of these pump or lift stations. Formal bids were solicited with three companies submitting bids. The results are outlined below: C&M Electrical Contractors, Inc. Stufflebeam Electric Cable Electric, Inc. $57,896 $72,216 $82,975 The bid submitted by C&M Electrical Contractors, Inc. met all the specifications and general conditions of the bid and the conflict of interest questionnaire is on file. C&M Electrical has completed emergency generator projects for the DFW Airport and can complete the project in 120 days. Recommendation: To approve PU 2006-051 to award bid for the 2006 Pump Stations Electrical Modifications Project to C&M Electrical Contractors, Inc. in the amount of $57,896. . . . CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: V.Loftice / L.Koonce Council Meeting Date: 7-24-2006 Agenda No.B.6 Subject: PU 2006-049 Authorize Contract Extension for Aquatic Chemical Supplies to D.C.C. Inc. - Resolution No. 2006-057 In July 2005, City Council approved a bid for the supply of chemicals for NRH20 Family Water Park. The chemicals are utilized for sanitizing and balancing the approximately 800,000 gallons of treated pool water at NRH20. The major chemical utilized is sodium hypochlorite. This chemical is delivered in bulk in the amount of 33,500 gallons per year. The City awarded the contract in 2005 to the low bidder, D.C.C., Inc. This was a one year contract with the option to extend for two additional one year terms. The City has the right to re-negotiate the contract with D.C.C., Inc. or solicit bids for a new contract. D.C.C., Inc. submitted their renewal price accompanied by a letter of justification (see attached). Their original renewal offer was $1.80 per gallon. This was a 27% increase from the 2005 bid of $1.42 per gallon. The proposed annual cost increase was $12,730. Their justification for the increase includes escalating costs of basic chlorine material due to damage of chemical plants in the aftermath of hurricane Katrina and Rita. One of the raw material suppliers of chlorine was bought out by another reducing price competition. Another reason for cost increases is escalating fuel prices. In order to test the market, City staff obtained pricing from one of the companies that bid on this contract in 2005. This company quoted a price for this product of $2.50 per gallon. This price would result in an annual cost increase of $36,180. City staff has negotiated a price of $1.75 per gallon for a total contract price of $58,625, an increase of $11,055. It is the opinion of staff that it would not be beneficial to solicit bids for a new contract. Recommendation: To approve Resolution 2006-057 for the extension of the contract with D.C.C., Inc. for aquatic supplies for one year at the $1.75 per gallon price for a total contract price of $58,625. . Ni~H RESOLUTION NO. 2006-057 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND HillS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute the contract extension with D.C.C., Inc. for aquatic chemical supplies as act and deed of the City. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHlAND HillS ATTEST: By: Oscar Trevino, Mayor . Patricia Hutson, City Secretary APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance . . . . July 13,2006 DCC Inc. 2929 Storey Ln Dallas, TX 75220 Mr. Larry Koonce City of North Richland Hills North Richland Hills, TX Dear Mr. Koonce, You had some questions regarding my recent letter attempting to renew DCC Inc's chlorine contract with the city for the NRH20 water facility. Our price increase on liquid chlorine to $ 1.80 per gallon is justified for several reasons. In July 2005, the city signed a contract with DCC, Inc for a delivered price of $ 1.42 per gallon. There were several cost increases from our raw suppliers of basic chlorine material especially following hurricanes Katrina and Rita due to manufacturing plants being damaged. Two articles are attached. We notified the previous owner of DCC, Inc on four different occasions of price increases. The first increase was December 4, 2004 for $ .16 per gallon. The second was on June 5, 2005 for $ .03 per gallon. The third was on October 5, 2005 for $ .19. The fourth on Nov. 5 for $.05 That's a total of $ .43 per gallon in 11 months. These increases mayor may not have been passed along to the city. One of the raw material suppliers of chlorine was bought out by another company so there is one less price balancing company out there. Our delivery vehicles have experienced an average gasoline increase of $.55 per gallon plus maintenance cost has also risen. Our trained, licensed chemical delivery driver ~osts have also risen between $2.00 and $3.00 per hour. Most other area cities are now paying around $ 1.80 to $ 2.00 per gallon for delivered sodium hypochlorite. Our goal is still the same. We will provide you with a quality liquid chlorine product delivered when you need it. However, we still need to make a profit. We feel that in the current market conditions a price of $ 1.80 is fair and justified. We feel we have provided an excellent product in a timely manor in the past and ask your cooperation to continue to do so. If you have any additional questions you may call me at 817-247-1584 or email me sthom pson@dcc-pools.com Thanks for your business. Sam Thompson . . . Chemical and Engineering News Latest News September 27,2005 Volume 83, Number 40 HURRICANE AFTERMATH-Taking Toll Of Rita Hurricane Rita exacerbates energy! raw material woes started by Katrina Marc S. Reisch Hurricane Rita walloped the oil, gas, and petrochemical industries along the U.S. Gulf Coast over the weekend, but initial reports indicate less damage than originally expected. Still, this second blow, following close on the heels of Hurricane Katrina less than a month ago, again hurt gas and oil production, shut down petrochemical plants, and further tightened the availability of energy and raw materials. On Sunday, the day after Rita made landfall along the border of Texas and Louisiana, the Gulfs daily oil production of 1.5 million barrels was down to zero, according to the Department of the Interior's Minerals Management Service. Daily gas production of 10 billion cu ft was 21 % of normal. Refineries in Port Arthur, Beaumont, and Texas City, Texas, were shuttered as Rita approached. They remained offline as of Monday, as did refineries in Westlake and Lake Charles, La. The massive ExxonMobil refinery in Baytown, Texas, reported no major damage and started up operations again on Sunday. Many other Texas refineries west of Baytown were either operating at reduced rates or had restarted. Early reports from a few chemical makers show some damaee. Windows were blown out of the administration buildine at PPG Industries' Lake Charles plant" where the wind also destroyed sheds and damaeed some roofs. Standine water at one point made parts of the plant inaccessible. PPG is concentratine on eettine electric power restored. In the meantime" it has declared force maieure for all products manufactured at the plant includine caustic soda" chlorine" vinyl chloride" ethylene dichloride" perchloroethylene" I"I"I-trichloroethane" and various other chlorinated solvents. Dow Chemical plants in Texas and Louisiana, including the plants in Plaquemine and Hahnville, La., damaged by Katrina, so far appear to have suffered no significant structural damage from Rita, the firm reports. But Dow adds that this latest storm further complicates raw material and transportation logistics around the Gulf of Mexico. Chemical & Engineering News ISSN 0009-2347 Copyright © 2006 American Chemical Society . . . October 6, 2005 Dow Chemical Company American Chemistry Council STATEMENT FOR THE RECORD SENATE ENERGY AND NATURAL RESOURCES COMMITTEE HEARING ON: Hurricanes Katrina and Rita's effects on energy infrastructure and the status of recovery efforts in the Gulf Coast region. Chlorine - 16% of North American chlorine capacity is down. It is used directly in water treatment, paper manufacturing, and in the production of certain lightweight metals (titanium and magnesium) used in aircraft. Indirectly, it is used to make a variety of important building-block chemicals, such as trichloroethylene, phosgene, chlorinated hydrocarbons, neoprene, polyvinyl chloride (PVC), hydrogen chloride, and ethylene dichloride. In turn, these are used to ultimately produce thousands of industrial and consumer products. Some indirect applications include the production of pharmaceuticals, wool, flame retardant materials, and special batteries (lithium and zinc). Chlorine is also used in the processing of fish, meat, vegetables, and fruit. The largest end uses of chlorine include the making of ethylene dichloride, vinyl chloride monomer, and PVC resins (used to make a variety of products such as medical bags and tubing, adhesives, protective clothing, pipes, siding for homes, and raincoats ). Caustic soda is co-produced with chlorine and a similar share is down. Caustic soda is used in glass making and variety of products. It's used in epichlorohydrin used in glycerin for food products as well as epoxy resins for coatings, aircraft composites, dry toner resin, electronic encapsulants, automotive leaf springs, printed circuit boards, etc. Caustic soda is used to manufacture carbomethylcellulose for oil drilling muds, food processing, and pharmaceuticals. Caustic soda is used to manufacture sodium citrate used as a food conditioning agent in cheese and meat as well as in detergents. Caustic soda is used to manufacture polycarbonate used for eyeglass lenses, helmets, computers, and CDs. . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 7-24-2006 Agenda No. B.? Subject: PW 2006-025 Approve an Interlocal Agreement with Tarrant County for the maintenance of North Tarrant Parkway Maintenance - Resolution No. 2006-063 Tarrant County requires an annual interlocal agreement for all County owned roadways that are located within the city limits of a city. The annual maintenance agreement for North Tarrant Parkway is required in order to clearly define responsibilities between the County and the City. The interlocal agreement provided is similar to all previous maintenance agreements for North Tarrant Parkway with the exception of the length of roadway to be maintained by the County. The County is only planning to maintain the section of North Tarrant Parkway that they constructed. The City will be required to maintain the section of North Tarrant Parkway that was just improved beginning at Precinct Line Road and ending approximately 1800 feet west of Davis Boulevard. The key points outlined in the agreement are summarized below: 1. Tarrant County agrees to provide routine repair and maintenance of the existing roadway surface and right-of-way on North Tarrant Parkway from 1800 feet west of Davis Boulevard to 2900 west of Smithfield Road (North Richland Hills city limits ). 2. Tarrant County agrees to provide all labor, equipment, and materials necessary to repair and maintain the roadway surface and right-of-ways. 3. North Richland Hills agrees to provide and maintain all pavement markings, signs, and signals. North Richland Hills will also maintain the approaches to the roadway. 4. North Richland Hills will continue policing responsibilities related to the roadway. The City's responsibilities are not new. The City has been responsible for these items in the past. Recommendation: To approve Resolution No. 2006-063. . NI~H RESOLUTION NO. 2006-063 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH LAND HillS, TEXAS: SECTION 1. THAT the City Manager be, and is hereby authorized to execute the attached Interlocal Agreement with Tarrant County concerning the maintenance of North Tarrant Parkway beginning at 1800 feet west of Davis Boulevard (F.M. 1938) and ending at 2900 feet west of Smithfield Road at the North Richland Hills city limit line on behalf of the city of North Richland Hills, Texas. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHlAND HillS . ATTEST: By: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Public Works Director . . THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT INTERLOCAL AGREEMENT This Agreement is made and entered into this day of , 2006, by and between the County of Tarrant, acting herein by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY OF NORTH RICHLAND HILLS, acting herein by and through its governing body, llereinafter referred to as CITY, both of Tarrant County, State of Texas, witnessetll: WHEREAS, this Agreement is made under the authority of Sections 191.001- 791.029, Texas Govenunent Code; and WHEREAS, each governing body, in perfonning governmental functions or in paying for the perfonnance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and . WHEREAS, each governing body finds that the subject of this Agreen1ent is necessary for the benefit of the public and each has the legal authority to perfonn and to provide the governmental function or service which is the subject nlatter of this Agreement; and WHEREAS, each governing body finds that the perfonnance of this Agreenlent is in the con1mon interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, each governing body agrees to share in the cost of the services described below. NOW THEREFORE, the COUNTY and CITY agree as follows: 1. The COUNTY agrees to provide routine repair and maintenance of the existing roadway surface and right-of- way on North Tarrant Parkway, from 1800 feet west of FM 1938 (Davis Boulevard) to 2900 feet west of Smithfield Road (North Richland Hills city limits). The services provided by this contract shall include mowing, crack sealing and pothole repair. This repair and maintenance will not include comprehensive rehabilitation or reconstruction. 2. . The COUNTY agrees to provide all labor, equipment and materials necessary to repair and nlaintain the roadway surface and right-of- way, as specified in paragraph 1. of this Agreement. . 3. The CITY agrees to n1aintain all approaches to the roadway. 4. The CITY agrees to provide and maintain all pavement markings, signs and signals. 5. The CITY agrees to continue all policing responsibilities related to the roadway. 6. Nothing in the perfonnance of this Agreement shall impose any liability for claims against the COUNTY other than claims for which liability n1ay be imposed by the Texas Tort Claims Act. 7. Nothing in the perfonnance of this Agreement shall impose any liability for claims against the CITY other than claims for which liability may be imposed by the Texas Tort Claitns Act. . 8. The parties to the Agreement do not intend for any third party to obtain a right by virtue of this agreement. 9. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 10. Nothing contained in this Agreement is intended by the parties to create a partllership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. 11 . CITY agrees that the COUNTY is relying on the CITY for notice of when to proceed with this project, but this Agreement does not require the County to do this project within any particular time fran1e. . . 12. This Agreement shall automatically temlinate upon execution of the construction contract to widen North Tarrant Parkway or one (I) year from the date of this agreement, \vhichever is first. CITY Authorized City Official ATTEST: CITY TARRANT COUNTY TOM VANDERGRIFF, County Judge A TrEST: COUNTY . B. GLEN WHITLEY, County Commissioner Precinct Three * APPROVED AS TO FORM District Attorney * By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was COllducted solely fron1 the legal perspective of our client. OUf approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and Sl10uld seek review and approval by their own respective attomey(s). . · · · Department: City Secretary Presented by: Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7-24-2006 Agenda No.C.O . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Eric Wilhite Council Meeting Date: 7-24-2006 Agenda No.C.1 Subject: GN 2006-064 Public Hearing and Action on Ordinance No. 2895 Amending Subdivision Ordinance and Zoning Ordinance Provisions on Building Permits for Unplatted Property, Regulations for the AG and R-1-S Districts, Setbacks in the OC, 0- 1, NS, CS and HC Districts and Height Restrictions in R-1, R-1-S, R-2 and R-3 Districts. Zoning and Subdivision Ordinance Text change amending Sections 110-41, 118-1, 118-293,118-313,118-333,118-361 and 118-719 to change the subdivision provisions concerning building permits on unplatted property; revising definition for farm, ranch, garden or orchard; prohibit dwellings in AG districts and requiring a special use permit for accessory buildings in the AG district; establishing a maximum lot coverage for accessory buildings in AG and R-1 S districts; changing the maximum height of structures in R-1, R-1-S, R-2 and R3 districts; eliminating the requirement for certain oversize side building setbacks in the OC, 0-1, NS, CS and HC districts except where such districts abut areas designated on the comprehensive plan for residential use. Background: These changes are driven by the development community and recommended changes from citizens or developers over the past several months. The Planning & Zoning Commission discussed these changes at a worksession on July 6, 2006. Changes to AG and R-1-S - The followina revisions are driven directlv bv property owners of Aqricultural property who want to restrict uses to prohibit maior aaricultural activities bv commercial businesses. These changes will clean up the Agricultural District to close loop holes for major agricultural businesses and encourage existing property owners to plat and rezone to the R-1-S District. · Section 110-41, - clarifying that no building permit will be issued on unplatted property for an addition to an existing residential structure that adds square footage. (This encourages property owners to plat their property but still allows major renovations on existing structures up to 50% of the value of their home.) · Section 118-1 - Revised definition for Farm, Ranch, Garden or Orchard requires open-air area for growing plants or raising animals. As a result of input at the Julv 6. 2006 P&Z work session staff has removed the words "on site sales" and added "incidental sales of home arown products". Staff understands that the intent of this chanae is to eliminate commercial production of plants or raisinq of animals but still allow for private aardens. orchards. etc. that may allow for limited sales of veqetables and other home arown products. · Section 118-293 - Creates a special use permit for all accessory buildings greater than 500 square feet on Agricultural zoned property. The total square footage of all accessory buildings are limited to 50/0 of the lot area. (This change . . . further restricts commercial uses in the AG district and allows for the P&Z and City Council to view large accessory buildings under a special use permit) · Section 118-631 - This change eliminates dwelling units in the Agricultural district and specifies that all accessory buildings in the Agricultural district greater than 500 square feet requires a special use permit. · Section 118-719 - This change further clarifies the requirement for a special use permit for accessory buildings in the Agricultural District. Increasing Building Height on Residential Structures - The followina chanqe is a direct result of several requests from residential builders and property owners that want a qreater maximum buildina heiqht on laraer lots. Staff is proposing to allow up to 50 feet for residential structures that are on at least an acre of land and have a 20 foot side and rear setbacks. .,. · Section 118-313 and 118-333 - Allows residential structures in the R-1, R-2, R- 3 and R-1-S to have a maximum building height of 50 feet on lots 1 acre or larger provided they have a 20 foot side and rear yard. Reducing the Commercial Building Setback - The followina chanae is a direct result of an active plattina and zonina application for a commercial development on Mid Cities Boulevard. Staff is proposing changing the 35 foot required setback for nonresidential properties adjacent to Agricultural zoned properties to allow a reduced setback when the Comprehensive Plan designates nonresidential uses for adjacent property. This change will accommodate commercial construction on major arterials that happen to fall next to Agricultural properties and not restrict setbacks adjacent to property planned for commercial uses. · Section 118-394 - This change allows a reduced setback when commercial properties are adjacent to Agricultural properties that are indicated on the Comprehensive Plan for future planned commercial uses. All the above mentioned changes are scheduled for a public hearing before P&Z on July 20 and City Council on July 24. We have discussed all these changes at the P&Z level, and anticipate Planning & Zoning Commission approval. However, we will notify Council of the July 20 action of the P&Z prior to the July 24 Council meeting. If they recommend any changes to what is included in these agenda comments, we will outline those for Council prior to your Council meeting on the 24th. The proposed amendments to this zoning ordinance is enclosed with these comments as normally presented. However, you will note that changes to the ordinance-either additions or deletions-are included in red for your convenience in seeing the proposed changes. Recommendation: Staff recommends approval of Ordinance No. 2895, subject to any further changes as may be recommended by P&Z on July 20. . . . NOTICE OF PUBLIC HEARING NOTICE OF SCHEDULED PUBLIC HEARINGS OF THE CITY OF NORTH RICH LAND HILLS PLANNING AND ZONING COMMISSION Thursday, July 20, 2006, 7:00 p.m. CITY COUNCIL Monday, July 24, 2006, 7:00 p.m. Notice is hereby given to all interested persons that the Planning and Zoning Commission of the City of North Richland Hills, Texas will conduct a public hearing on Thursday, July 20, 2006 at 7:00 P.M. in the City Council Chambers, 7301 Northeast Loop 820, North Richland Hills, Texas AND the City Council of the City of North Richland Hills, Texas will conduct a public hearing on Monday, July 24, 2006 at 7:00 P.M. in the City Council Chambers, 7301 Northeast Loop 820, North Richland Hills, Texas concerning the following items: City of North Richland Hills A Public Hearing to consider an amendment to the North Richland Hills subdivision and zoning ordinance amending Sections 110-41, 118-1, 118-293, 118- 313, 118-333, 118-361 and 118-719 to change the subdivision provisions concerning building permits on unplatted property; revising definition for farm, ranch, garden or orchard; prohibit dwellings in AG districts and requiring a special use' permit for accessory buildings in the AG district; establishing a maximum lot coverage for accessory buildings in AG and R-1 S districts; changing the maximum height of structures in R 1, R-1 S, R-2 and R3 districts; eliminating the requirement for certain oversize side building setbacks in the OC, 0-1, NS, CS and HC districts except where such districts abut areas designated on the comprehensive plan for residential use. . . . ORDINANCE NO. 2895 AN ORDINANCE AMENDING SECTIONS 110-41, 118-1, 118-293, 118-313, 118-333, 118- 361 AND 118-719 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; CHANGING THE PROVISION IN THE SUBDIVISION ORDINANCE CONCERNING BUILDING PERMITS FOR UNPLATTED PROPERTY AMENDING THE ZONING ORDINANCE DEFINITION OF FARM, RANCH GARDEN OR ORCHARD; CHANGING THE ZONING ORDINANCE TO PROHIBIT DWELLINGS IN AG DISTRICTS AND TO REQUIRE A SPECIAL USE PERMIT FOR ACCESSORY BUILDINGS IN SUCH DISTRICT AND ESTABLISHING A MAXIMUM SIZE FOR SUCH BUILDINGS; ESTABLISHING A MAXIMUM LOT COVERAGE FOR ACCESSORY BUILDINGS IN AG AND RIS DISTRICTS; CHANGING THE MAXIMUM HEIGHT RESTRICTION OF STRUCTURES IN R-l, R-IS, R-2 AND R-3 ~I~TRICTS; ELIMINATING THE REQUIREMENT FOR CERTAIN OVERSIZE SIDE BUILDING SETBACKS IN THE OC, 0-1, NS, CS, AND HC DISTRICTS EXCEPT WHERE SUCH ABUT AREAS DESIGNATED ON THE COMPREHENSIVE PLAN FOR RESIDENTIAL USE; PROVIDING A PENALTY, FOR SEVERABILITY; FOR PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has determined the need to amend Section 110-41 and Sections 118.1, 118-293, 118-313, 118-333, 118-631 and 118-719 of the City of North Richland Hills Code of Ordinances; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City's subdivision and zoning ordinances as set forth herein; WHEREAS, notice has been given and public hearings held as required for amendments to the subdivision and zoning ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; THAT, the following sections and all references to be hereby amended as follows: Section 1. THAT Section 110-41 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 110-41. Building permits. (a) Plat required. No building permit for residential or commercial construction shall be issued for any primary building on any parcel of property for which a final plat has not been approved by the city council and filed for record in the deed records of the county, except as follows. (1) Where a primary residential structure exists, a building permit to 60 n~; true t -aft a-dEl-tt1+)ft-~-F-R~·H-e-\'atioll Hf~ repair or renovate the existing residential structure . \vithollt adding Ile,v square footage may be issued on an unplatted lot, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction permits on the primary structure, does not exceed 50 percent of the current value of the existing structure, excluding the value of the land. Construction permits as used herein does not include electrical, plumbing or similar nonconstruction activities. (2) A building permit for electrical, plumbing, fence or similar nonconstruction activities may be issued on all unplatted lot in any zoning district except for building permits which include structural enclosures. (3) A building permit for an accessory structure may be issued on an unplatted lot on agriculturally zoned property provided regulations of Section t 18-293 have been In e t. (4) Where a primary nonresidential structure exists, a building permit to construct and addition to, or renovation of, the existing nonresidential structure may be issued on an unplatted lot, provided that the value of such proposed construction, including the cumulative value of any proposed land and all previously permitted construction permits on the primary structure, does not exceed 50 percent of the current value of the existing structure, excluding the value of the land." Section 2. That the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending the definition of "farm, ranch, garden or orchard" to read as follows: . "Sec. 118-1. Definitions. The following word, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: FARM, RANCH, GARDEN OR ORCHARD - An upen-air area used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep, and including the necessary accessory uses for raising, treating and storing products raised on the premises including incidcntal sales of honlc grO\Vil products, but not including the commercial feeding of offal and garbage to swine and other animals, and not including any type of agricultural or husbandry uses specifically prohibited by ordinance or law." Section 3. That the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending Sec. 118-293 of the North Richland Hills Code of Ordinances to read as follows: "Sec. 118-293. Lot and area requirements. The following lot and area requirements shall be required of all development located within the AG District: . Description AG . 1. Minimum Lot Area 2 acres 2. Minimum Lot Width None 3. Minimum Lot Depth None 4. MH-H+H-H+~Htg--Ynil Size iVIaxinlulll .'\ccessory Building Size -~~W~-}-sliHa-FLL-~~e+ 500 square feet, building exceeding 500 sq uare feet ¡nust obtain it special use pernlit; ho\ve'ver the total square feet of all accessory buildings rnay Bot exceed 5(~~) of the lot area. 25 feet 5. Minimum Front Building Line 6. Minimum Side Building Line 10 feet, both sides to have a combined width of not less than 20% of the lot width. 7. Minimum Rear Building Line 1 0 feet 8. Maximum Structure Height 38 feet . 9. Rear Yard Open Space Area A minimum of 20% of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of thern-a-~H arc e s s () r}' s t r 1I C t u r c - ,. -N-ø-tta-H-&f-tft&-r e ~~ i Je-n-t-i-a+ hc-t~id-i-HSäH-BfH-r--t+w-0tH-H-g-HrH+--ffiftÿ-~o n ~.; tr II C ~ íts-{B-8-e€-Ht}ÿ-ili-tÿ-t18-ft-t~t4t,L6ftBthþta C 2 ¡'6a-f Ym-:t:i~ Section 4. That the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending Sec. 118-313 of the North Richland Hills Code of Ordinances to read as follows: "Sec. 118-313. Lot and area requirements. The following lot and area requirements shall be required within the R-I, R-2 and R-3 Districts: . . . . Table 4-1 Lot and Area Requirements R-l R-2 R-3 Description Platted Platted Platted Platted Platted or Platted or prior to after prior to after Zoned Zoned 01/01/98 01/01/98 01/01/98 01/01/98 prior to after 08/12/02 08/12/02 1. Min. Lot Area 13,000 s.f. 13,000 s.f. 9,000 s.f. 9,000 s.f. 7,500 s.f. 7,700 s.f. 2. Min. Lot Width I a. Interior Lots 85ft. 85 ft. 70 ft. 72.5 ft. 65 ft. 70 ft. b. Comer Lot 85 ft. 85 ft. 80 ft. 80 ft. 75ft. 75ft. 3. Min. Lot Depth 120 ft 120 ft 110ft. 110ft. 1 00 f1. 110ft. 4. Min. Dwelling 2,000 s.f. 2,300 s. f. 1,800 s. f. 2,000 s.f. 1,600 ft. 1800 s.f. Unit Size2 5. Minimum Front 25 ft. 25 ft. 25ft. 20ft. 20 ft. 20 ft. Building Line 6. Minimum Side 10ft.&6 10ft.&6 10ft.&6 10ft.&6 6 f1. 4 6 f1.4 Building Line ft.3 ft.3 ft.3 ft.3 7. Minimum Rear 10ft. 10ft. 10ft. 10 f1. 10 ft. 10ft. building Line 8. Max. Structure 38ft. 38ft. 38ft. 38ft. 38ft. 38 f1. Height 5 9. Rear Yard Open 20% of 20% of 20% of 20% of 20% of 20% of Space Area Lot Area Lot Area Lot Area Lot Area Lot Area Lot Area / See Sectlon 680, for lot wldth of lrregular or cui de sac lots. 2See Section 540 for Dwelling Unit Size Overlay District. 3 Except for corner lots, which shall have twenty feet on the side yard adjacent to a side street and not less than six feet on the other side. Subdivision submitted for approval prior to January 1, 1990, shall have six foot side yards, except for corner lots which shall have twenty feet on the street side and not less than six feet on the other side. 4 Except corner lots adjacent to a side street shall be at least twenty feet on the street side and not less than six feet on the other side. 5 5().l()Of flllL\-j¡l1111Jf Irc(!tht 011 lots I acre or /ar,!:cr /irf)vided .~·;¡dc antlrear afe (l 111 in ¡Ill II i/1 {~t' 2 () . tee t. ., Section 5. THAT the Comprehensive Zoning Ordinance, Comprehensive Plan and Code of Ordinances of the City of North Richland Hills are hereby amended by amending Sec. 118-333 of the Code of Ordinances to read as follows: . . . "Sec. 118-333. Lot and area requirements. The following lot and area requirements shall be required of all development located within R-4-D, R-1-S, R-6-T and R-8 districts: Table 4-2 Lot and Area Requirements R-4-D R -1-8 R- R-8 DescriDtion 6-T Platted Platted after prior to 01/01/98 01/01/98 1. Minimum Area of District 1 acre I none None 4 acres I 1 acre 1 2. Minimum Street Frontage 50 ft. none None 1 00 ft. 50 ft 3. Minimum Lot Area 3,500 1 acre 1 acre 3,000 s.f. 4,000 s.f. s. f. 3 4. Minimum Lot Width 4 35 f1. 3 85 ft. 85 ft. 30ft. 40 ft. 5. Minimum Lot Depth 1 00 ft 120 ft 120 f1. none 100 ft. 6. Minimum Dwelling Unit Size 1,200 2,000 s. f. ) 2,300 s.f.5 2,000 s.f.5 1,200 s.f. 5 s. f. 5 7. Minimum Front Building 20 f1. 25 f1. 25 ft. 15 ft. 20ft. Line 8. Minimum Side Building Line 6 ft.6 10ft.&6 10ft.&6 none Z & 8 6ft.&0 ft.7 ft.7 ft.9 9. Minimum Rear Building Line 10ft. 10 f1. 10ft. 10ft. 10ft. 10. Rear Yard Open Space Area 20°Æ> of 20% of 20% of 20% of 20°Æ> of Lot Lot Area Lot Area Lot Area Lot Area Area 11. Maximum Height 38ft. 38ft. -:1g450 ft. 38ft. 3 8 [t. 12. Maximum Lot Coverage N/A N/A N/A 60% N/A I Except where a parcel is contiguous with like zo~ing, the minimum area shall be approved by the Planning and Zoning Commission and City Council. 2Fifteen foot side yard where side yard abuts a residential zoning district. 3Per dwelling unit. 4See Section 680, for Lot Widths of Irregular and /òr Cul-de-sac Lots. 5See Section 540 for Dwelling Unit Size Overlay District 6Except for corner lots, which shall have twenty feet on the side yard adjacent to a side street and not less than six feet on the other side of the lot. . 7Except for comer lots, which shall have twenty feet on the sideyard adjacent to a side street, and not less than s-1-:\-fee-t: t\,ven ty feet on the other side of the lot. 8Except for comer lots, which shall have fifteen feet on the side yard adjacent to a side street and not less than six feet on the other side of the lot. 9Lots shall have one side yard of a minimum of six feet. The side building line of comer lots on the side street frontage shall be at least twenty feet." Section 6. THAT the Comprehensive Zoning Ordinance, Comprehensive Plan and Code of Ordinances of the City of North Richland Hills are hereby amended by amending Sec. 118-394 of the Code of Ordinances to read as follows: "Sec. 118-394. Lot and area requirements. The following lot and area requirements shall be required within the 0-1, NS, CS, HC and OC districts: Description OC 0-1 NS CS HC 1. Minimum district area 22,500 SF 1 acre I 10,000 SF 1 acre I 1 acrel . 2. Minimum frontage 50 ft. 50 ft. none 50ft. 150 ft. 3. Maximum lot coverage 40 percent 40 percent 50 percent 50 percent 30 percent 4. Lot area minimum 6,000 s.f. none none none none 5. Minimum lot width 60 ft. none none none none 6. Minimum lot depth none none none none 150ft. 7. Minimum front 25 ft. 25ft. 25ft. 25ft. 25 ft. building line 8. Minimum side none2,5 none2, 5 none2, 5 none2, 5 none2, 5 building line none3, 5 none3, 5 none3, 5 none3, 5 9. Minimum rear none3, 5 building line 10. Maximum height 1.5 ft./l ft.4 38 ft. 1.5 ft./l ft.4 1.5 ft./ 1 ft.4 38ft. of structures / Except where a parcel is contiguous with like zoning. the minimum area shall be as approved by the Planning and Zoning Commission and City Council. . . lSide building line shall be 35 feet where the lot line abuts R-l, R-2, R-3. R-4-D, R-6-T, R-7-MF, R-8, R-l-S and AG Districts de5;'(~lIate(! on thc {'Ufffpl':!ÍleílSh'l! })/an'/Òr resÙ!entialuse.\'. 3Rear building line shall be 35 feet where the lot line abuts R-l, R-2, R-3. R-4-D, R-6-T, R-7-MF, R-8, R-l-S and AG Districts tles'(!{lJüted ()f1 the ('o¡njJrehel1sÌ}'e 1~llllJ .f'of resillentia/ lise.". 4 Buildings shall be constructed by using a ratio of one foot measured from property line that abuts a residential district to nearest exterior wall ofbuildingfor every one and one-halffoot of building height. 5 Minimum side or rear building setback adjacent to a public street shall be 15 feet. " Section 7. THAT the Comprehensive Zoning Ordinance, Comprehensive Plan and Code of Ordinances of the City of North Richland Hills are hereby amended by amending Sec. 118-631 of the Code of Ordinances to read as follows: "Section 118-631. Table of Permitted Uses . The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed in accordance with permitted uses (P), uses permitted by a special use permit (S), permitted uses, but requiring a special use permit only when certain conditions apply (CS), and prohibited uses (blank). Note: Procedures and conditions requiring a Special Use Permit are contained in Section 118-201 et seq.. Site Plan Approval: All new commercial development or redevelopment that exceeds 75% of the assessed value of the property, less the land value, according to the latest approved TAD Tax Roll, that is located on property within 200 feet of existing residentially zoned land or land indicated to develop as residential according to the Comprehensive Land Use Plan; or, any addition to an existing structure that increases the square footage by 30% or more that is located on property within 200 feet of existing residentially zoned land or land indicated to develop as residential according to the Comprehensive Land Use Plan shall require site plan approval from both the Planning and Zoning Commission and the City Council. All submitted site plans must adhere to the requirements established in Article III, Section 18- 242. 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THAT the Comprehensive Zoning Ordinance, Comprehensive Plan and Code of Ordinances of the City of North Richland Hills are hereby amended by amending Sec. 118-719 of the Code of Ordinances to read as follows: "Sec. 118-719. ADDITIONAL ACCESSORY BUILDING REQUIREMENTS FOR THE AG-AGRICUL TURAL AND RIS-SPECIAL RESIDENTIAL ZONING DISTRICTS Accessory buildings located in the AG-Agricultural District over SOU sq uare feet require a special use pernlit. attJ The R-I-S Residential District shall be exempt from the height limit, pitch of roof, concrete access to a public street and masonry requirement contained in Section 630, Permanent Type Accessory Building and Structures. A. Accessory buildings in the AG-AgricuUural District and the RIS-Special Residential Districts shall not be used for as a dwelling unit or for commerciallbusiness purposes. B. Maximum Square Footage - The square footage of'1-he--s-t+-He-t-tl-Æ all accessory buildings is limited to 5% of the total lot or tract area." Section 9. Violations of Chapter 110 of the Code of Ordinances as amended by Sec. 1 hereof shall be punishable by a fine not exceeding $500. Violations of Chapter 118 of the Code of Ordinances as amended by Sections 2 through 7 hereof shall be punishable by a fine not exceeding $2,000.00. Each day a violation continues shall be a separate offense punishable hereunder. Section 10. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 11. This Ordinance shall be effective immediately upon passage. PASSED AND APPROVED this the 10th day of July, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor . . . ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director . . . . NI~H Planning & Inspection Services ---, · I - .. .. ~. -, H- T<]" H' _I /\~, . ì r --..~ 1- 1 T 1 1 c C_ I T'r 0 F NO R,I _ -1, ~ _ \,-_ J. __ -J 1-1 I \"L_~ _ 11 L; ,,_J L) Agenda Item C-1 G N 2006-064 MEMORANDUM TO: City Council FROM: John Pitstick, Planning & Developme11t Director DATE: Monday, July 24, 2006 RE: P&Z Commission Revisions to Ordinance No. 2895 The Planning & Zoning Commission met on Thursday, July 20 and reviewed changes to the zoning ordinance that are proposed under Ordinance No. 2895 (Item C.1 GN 2006- 064) The Planning & Zoning Commission is recommending a change to footnote 7 under Section 118-333 to clarify building setbacks in the R-I-S district for structures exceeding 38 feet in height. The Planning & Zoning Commission recomlnended revision to footnote 7 as follows: ,,7 Lots which have structures exceeding 38 feet in height are required to have a minimum of twenty (20) feet on both side yards" All other proposed zoning revisions were recomll1ended for approval at the July 20, 2006 Pl?nning & Zoning Conlmission meeting. P.o. Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * Planning & Zoning 817-427-6300 1.. FAX 817-427-6303 Building Inspections * 817-427-6330 * Code Enforcement 817-427-6335 Revised to Include July 20, 2006 Recommendations of the Planning & Zoning Commission ORDINANCE NO. 2895 . AN ORDINANCE AMENDING SECTIONS 110-41,118-1,118-293,118-313, 118-333,118-361 AND 118-719 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; CHANGING THE PROVISION IN THE SUBDIVISION ORDINANCE CONCERNING BUILDING PERMITS FOR UNPLATTED PROPERTY AMENDING THE ZONING ORDINANCE DEFINITION OF FARM, RANCH GARDEN OR ORCHARD; CHANGING THE ZONING ORDINANCE TO PROHIBIT DWELLINGS IN AG DISTRICTS AND TO REQUIRE A SPECIAL USE PERMIT FOR ACCESSORY BUILDINGS IN SUCH DISTRICT AND ESTABLISHING A MAXIMUM SIZE FOR SUCH BUILDINGS; ESTABLISHING A MAXIMUM LOT COVERAGE FOR ACCESSORY BUILDINGS IN AG AND RIS DISTRICTS; CHANGING THE MAXIMUM HEIGHT RESTRICTION OF STRUCTURES IN R-l, R-IS, R-2 AND R-3 DISTRICTS; ELIMINATING THE REQUIREMENT FOR CERTAIN OVERSIZE SIDE BUILDING SETBACKS IN THE OC, 0-1, NS, CS, AND HC DISTRICTS EXCEPT WHERE SUCH ABUT AREAS DESIGNATED ON THE COMPREHENSIVE PLAN FOR RESIDENTIAL USE; PROVIDING A PENALTY, FOR SEVERABILITY; FOR PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE. . WHEREAS, the Planning & Zoning Commission has determined the need to amend Section 110-41 and Sections 118.1,118-293,118-313,118-333,118-631 and 118-7190f the City of North Richland Hills Code of Ordinances; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City's subdivision and zoning ordinances as set forth herein; WHEREAS, notice has been given and public hearings held as required for amendments to the subdivision and zoning ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; Section 1. THAT Section 110-41 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 110-41. Building permits. . (a) Plat required. No building pennit for residential or commercial construction shall be issued for any primary building on any parcel of property for which a final plat has not been approved by the city council and filed for record in the deed records of the county, except as follows. Page 1 · (1) Where a primary residential structure exists, a building pennit to repair or renovate the existing residential structure without adding new square footage may be issued on an unplatted lot, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction pennits on the primary structure, does not exceed 50 percent of the current value of the existing structure, excluding the value of the land. Construction permits as used herein does not include electrical, plumbing or similar nonconstruction activities. (2) A building permit for electrical, plumbing, fence or similar nonconstruction activities may be issued on all unplatted lot in any zoning district except for building permits which include structural enclosures. (3) A building permit for an accessory structure may be issued on an unplatted lot on agriculturally zoned property provided regulations of Section 118-293 have been met. · (4) Where a primary nonresidential structure exists, a building permit to construct and addition to, or renovation of, the existing nonresidential structure may be issued on an unplatted lot, provided that the value of such proposed construction, including the cumulative value of any proposed land and all previously permitted construction permits on the primary structure, does not exceed 50 percent of the current value of the existing structure, excluding the value of the land." Section 2. THA T the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending the definition of "farm, ranch, garden or orchard" to read as follows: "Sec. 118-1. Definitions. The following word, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanIng: FARM, RANCH, GARDEN OR ORCHARD - An open-air area used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep, and including the necessary accessory uses for raising, treating and storing products raised on the premises including incidental sales of home grown products, but not including the commercial feeding of offal and garbage to swine and other animals, and not including any type of agricultural or husbandry uses specifically prohibited by ordinance or law." · Section 3. That the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending Sec. 118-293 of the North Richland Hills Code of Ordinances to read as follows: Page 2 . "Sec. 118-293. Lot and area requirements. The following lot and area requirements shall be required of all development located within the AG District: Description AG 1. Minimum Lot Area 2 acres 2. Minimum Lot Width None 3. Minimum Lot Depth None 4. Maximum Accessory Building Size 500 square feet, building exceeding 500 square feet must obtain a special use permit; however the total square feet of all accessory buildings may not exceed 5% of the lot area. 5. Minimum Front Building Line 6. Minimum Side Building Line . 7. Minimum Rear Building Line 8. Maximum Structure Height 9. Rear Yard Open Space Area 25 feet 1 0 feet, both sides to have a combined width of not less than 200/0 of the lot width. 1 0 feet 38 feet A minimum of 200/0 of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the accessory structure." Section 4. THAT the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending Sec. 118-313 of the North Richland Hills Code of Ordinances to read as follows: . Page 3 "Sec. 118-313. Lot and area requirements. . The following lot and area requirements shall be required within the R-l, R-2 and R-3 Districts: . Table 4-1 Lot and Area Requirements Description R-l R-2 R-3 Platted Platted Platted Platted Platted or Platted or prior to after prior to after Zoned Zoned 01/01/98 01/01/98 01/01/98 01/01/98 prior to after 8/12/02 08/12/02 1 . Min. Lot Area 13,000 s.f. 13,000 s.f. 9,000 s.f. 9,000 s.f. 7,500 s.f. 7,700 s.f. 2. Min. Lot WidthI a. Interior Lots 85 ft. 85 ft. 70 ft. 72.5 ft. 65 ft. 70 ft. b. Corner Lot 85 ft. 85 ft. 80 ft. 80 ft. 75ft. 75ft. 3. Min. Lot Depth 120 ft. 120 ft. 110ft. 110ft. 1 00 ft. 1 00 ft. 4. Min. Dwelling 2,000 s.f. 2,300 s.f. 1 ,800 s.f. 2,000 s.f. 1,600 s.f. 1 ,800 s.f. Unit Size 2 5. Minimum Front 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Building Line 6. Minimum Side 10ft. & 6 10ft. & 6 10ft. & 6 10ft. & 6 6 ft.4 6 ft.4 Building Line ft.3 ft.3 ft.3 ft.3 7. Minimum Rear 10ft. 10ft. 10ft. 10ft. 10ft. 10ft. Building Line 8. Max. Structure 38ft. 38ft. 38ft. 38ft. 38ft. 38ft. Height5 9. Rear Yard Open 200/0 of 200/0 of 200/0 of 200/0 of 200/0 of Lot 200/0 of Space Area Lot Area Lot Area Lot Area Lot Area Area Lot Area 1 See Section 680, for lot width of irregular or cui de sac lots. 2 See Section 540 for Dwelling Unit Size Overlay District. 3 Except for corner lots, which shall have twenty feet on the side yard adjacent to a side street and not less than six feet on the other side. Subdivision submitted for approval prior to January J, J 990, shall have six foot side yards, except for corner lots which shall have twenty feet on the street side and not less than six feet on the other side. 4Except corner lots adjacent to a side street shall be at least twenty feet on the street side and not less than six feet on the other side. . 5 50 foot maximum height on lots J acre or larger provided side and rear yards are a minimum of 20 feet. Page 4 Section 5. THA T the Comprehensive Zoning Ordinance, Comprehensive Plan and Code of Ordinances of the City of North Richland Hills are hereby amended by amending Sec. 118-333 of the Code of Ordinances to read as follows: . "Sec. 118-333. Lot and area requir~ments. The following lot and area requirements shall be required of all development located within R-4- D, R-l-S, R-6- T and R-8 districts: . Table 4-2 Lot and Area Requirements R-4-D R - 1 -8 R-6-T R-8 Description Platted Platted prior to after 01/01/98 01/01/98 1 . Minimum Area of District 1 acre 1 none None 4 acres 1 1 acre I 2. Minimum Street Frontage 50 ft. none None 1 00 ft. 50 ft 3. Minimum Lot Area 3,500 1 acre 1 acre 3,000 s.f. 4,000 s.f. s. f. 3 4. Minimum Lot Width 4 35ft.3 85 ft. 85 ft. 30 ft. 40 ft. 5. Minimum Lot Depth 1 00 ft 120 ft 120 ft. none 1 00 ft. 6. Minimum Dwelling Unit Size 1,200 2,000 s.f.5 2,300 s.f.5 2,000 s.f.5 1 ,200 s.f.5 s. f. 5 7. Minimum Front Building 20 ft. 25 ft. 25 ft. 15 ft. 20 ft. Line 8. Minimum Side Building Line 6 ft.6 10ft. & 6 10ft. & 6 none 2 & 8 6 ft. & 0 ft.? ft.? ft.9 9. Minimum Rear Building Line 10ft. 10ft. 10ft. 10ft. 10ft. 10. Rear Yard Open Space Area 200/0 of 200/0 of 200/0 of 200/0 of 20% of Lot Lot Area Lot Area Lot Area Lot Area Area 11. Maximum Height 38ft. 38 ft. 50 ft. 38 ft. 38 ft. 12. Maximum Lot Coverage N/A N/A N/A 60% N/A lExcept where a parcel is contiguous with like zoning, the minimum area shall be approved by the Planning and Zoning Commission and City Council. . 2Fifteen foot side yard where side yard abuts a residential zoning district. 3Per dwelling unit. Page 5 . 4See Section 680, for Lot Widths of Irregular and lor Cul-de-sac Lots. 5See Section 540 for Dwelling Unit Size Overlay District 6Except for corner lots, which shall have twenty feet on the side yard adjacent to a side street and not less than six feet on the other side of the lot. 7Lots which have structures exceeding 38 feet in height are required to have a minimum of twenty (20) feet on both side yards. 8Except for comer lots, which shall have fifteen feet on the side yard adjacent to a side street and not less than six feet on the other side of the lot. 9Lots shall have one side yard of a minimum of six feet. The side building line of comer lots on the side street frontage shall be at least twenty feet." Section 6. THAT the Comprehensive Zoning Ordinance, Comprehensive Plan and Code of Ordinances of the City of North Richland Hills are hereby amended by amending Sec. 118-394 of the Code of Ordinances to read as follows: "Sec. 118-394. Lot and area requirements. . The following lot and area requirements shall be required within the 0-1, NS, CS, HC and OC districts: Description OC 0-] NS CS HC 1 . Minimum district area 22,500 SF 1 acre 1 10,000 SF 1 acre) 1 acre] 2. Minimum frontage 50 ft. 50 ft. none 50 ft. 150 ft. 3. Maximum lot coverage 40 percent 40 percent 50 percent 50 percent 30 percent 4. Lot area minimum 6,000 s.f. none none none none 5. Minimum lot width 60 ft. none none none none 6. Minimum lot depth none none none none 150 ft. 7. Minimum front 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. building line . 8. Minimum side none2, 5 none2, 5 none2, 5 none2, 5 none2, 5 building line Page 6 . 9. Minimum rear none3, 5 none3, 5 none3,5 none3,5 none3, 5 building line 10. Maximum height 1.5 ft./1 ft.4 38ft. 1.5 ft./1 ft.4 1.5 ft./1 ft.4 38ft. of structures 1 Except where a parcel is contiguous with like zoning, the minimum area shall be as approved by the Planning and Zoning Commission and City Council. 2Side building line shall be 35 feet where the lot line abuts R-1, R-2, R-3, R-4-D, R-6-T, R-7- MF, R-8, R-J-S and AG Districts designated on the Comprehensive Plan for residential uses. 3 Rear building line shall be 35 feet where the lot line abuts R-J, R-2, R-3, R-4-D, R-6-T, R-7- MF, R-8, R-J-S and AG Districts designated on the Comprehensive Plan for residential uses. 4 Buildings shall be constructed by using a ratio of one foot measured from property line that abuts a residential district to nearest exterior wall of building for everyone and one-half foot of building height. 5 Minimum side or rear building setback adjacent to a public street shall be 15 feet. 11 . Section 7. THAT the Comprehensive Zoning Ordinance, Comprehensive Plan and Code of Ordinances of the City of North Richland Hills are hereby amended by amending Sec. 118-631 of the Code of Ordinances to read as follows: "Section 118-631. Table of Permitted Uses (a) The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed in accordance with permitted uses (P), uses permitted by a special use permit (S), permitted uses, but requiring a special use permit only when certain conditions apply (CS), and prohibited uses (blank). Note: Procedures and conditions requiring a Special Use Permit are contained in Section 118- 201 et seq. . (b) Site Plan Approval: All new commercial development or redevelopment that exceeds 750/0 of the assessed value of the property, less the land value, according to the latest approved TAD Tax Roll, that is located on property within 200 feet of existing residentially zoned land or land indicated to develop as residential according to the Comprehensive Land Use Plan; or, any addition to an existing structure that increases the square footage by 300/0 or more that is located on property within 200 feet of existing residentially zoned land or land indicated to develop as residential according to the Comprehensive Land Use Plan shall require site plan approval from both the Planning and Zoning Commission and the City Council. All submitted site plans must adhere to the requirements established in Article III, Section 18-242." Page 7 . . . Jtun~lnJ!J~V av IEUO!1Tl1!1SUI ~ qJJnlfJ 'looqJS f1 0... 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THAT the Comprehensive Zoning Ordinance, Comprehensive Plan and Code of Ordinances of the City of North Richland Hills are hereby amended by amending Sec. 118-719 of the Code of Ordinances to read as follows: "Sec. 118-719. ADDITIONAL ACCESSORY BUILDING REQUIREMENTS FOR THE AG-AGRICULTURAL AND RIS-SPECIAL RESIDENTIAL ZONING DISTRICTS Accessory buildings located in the AG-Agricultural District over 500 square feet require a special use permit. The R-I-S Residential District shall be exempt from the height limit, pitch of roof, concrete access to a public street and masonry requirement contained in Section 630, Permanent Type Accessory Building and Structures. A. Accessory buildings in the AG-Agricultural District and the Rl S-Special Residential Districts shall not be used for as a dwelling unit or for commercial/business purposes. B. Maximum Square Footage - The square footage of all accessory buildings is limited to 50/0 of the total lot or tract area." . Section 9. Violations of Chapter 110 of the Code of Ordinances as amended by Sec. 1 hereof shall be punishable by a fine not exceeding $500. Violations of Chapter 118 of the Code of Ordinances as amended by Sections 2 through 7 hereof shall be punishable by a fine not exceeding $2,000.00. Each day a violation continues shall be a separate offense punishable hereunder. Section 10. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or secti on. Section 11. This Ordinance shall be effective immediately upon passage. PASSED AND APPROVED ON THIS 24TH DAY OF JULY, 2006. CITY OF NORTH RICHLAND HILLS . By: Oscar Trevino, Mayor Page ] 0 ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney . e Page 11 . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7-24-2006 Agenda No.D.D Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. . . . Department: City Secretary Presented by: Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7-24-2006 Agenda No.E.O . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 7-24-2006 Agenda No.E.1 Subject: PW 2006-021 Approve a Revised Local Project Advance Funding Agreement with the Texas Department of Transportation for the construction of intersection improvements at the intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard - Resolution No. 2006-059 On April 24, 2006, the City Council approved a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for improving the intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard. These improvements include the addition of double left turn lanes in all directions, modifications to the traffic signals and free right turn lanes at the corners that currently do not have them. This project is identified in the FY 2005/2006 Capital Projects Budget. Prior to Council's approval in April, staff had been working with TxDOT in developing a LPAFA that met both the City's needs and TxDOT's requirements. Recently, TxDOT notified the City that previously incorrect versions of these documents (the LPAFA) were inadvertently sent to the city. TxDOT had previously sent staff a LPAFA that contained the following flaws: 1. The LPAFA form was the form that is used when a municipality does not have a Master Agreement on file with the state; and 2. The project budget numbers were in error. (This error equates into a $13,196 project cost increase to the City. The additional cost still has the total city share within the approved budget.) A summary of the key components within the agreement are indicated below: · The agreement indicates the typical 80/20 split (80% funded by TxDOT and 20% funded by the City). · TxDOT will participate in the costs of engineering, Right-Ot-Way (ROW) acquisition and construction. · Adjustments of utilities shall be the responsibility of the City. · An Environmental Assessment and any corresponding Mitigation shall be the responsibility of the City. (Note: An Environmental Assessment is not anticipated for this project.) · The maximum grant available per this agreement is $832,000 for engineering, ROW acquisition and construction. The City will be responsible for the local match and all cost overruns, unless this agreement is amended. · Currently, it is estimated that the City's share for this project is $431,186 (previously this amount was $417,990). · The City is required to pay $36,971 (previously this amount was $65,982) to TxDOT upon approval by Council of this agreement. Sufficient funds are approved in the 2005-2006 Capital Projects Budget. . . . Recommendation: To approve Resolution No. 2006-059 authorizing the execution of the Local Project Advance Funding Agreement with the Texas Department of Transportation for the "Intersection Improvements at the Intersection of Davis Boulevard (FM 1938) and Mid- Cities Boulevard" Project. eNRH RESOLUTION NO. 2006-059 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HillS, TEXAS: SECTION 1 : THAT The City Manager be, and is hereby authorized to execute the attached Local Transportation Project Advance Funding Agreement (CSJ#0902-48-576) for intersection improvements at the intersection of Davis Boulevard (FM1938) and Mid-Cities Boulevard with the Texas Department of Transportation as an act and deed of the City. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHlAND HilLS By: Oscar Trevino, Mayor ATTEST: e Patricia Hutson, City Secretary APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Public Works Director e . .-.~-,-~ _._._._~~.~ I Texas Department of Transportation P.o. BOX 6868 · FORT WORTH, TEXAS 76115-0868. (817) 370-6500 June 5, 2006 CONTACT: DD-CM Advance Funding Agreement CSJ: 0902-48-576 FM 1938 (Davis Blvd.) At Mid-Cities Blvd. 0902-48-577 Rufe Snow Drive From 100' north of Hightower Drive to Mid-cities Blvd. Larry J. Cunningham City Manager City of North Richland Hills 6720 N.E. Loop 820 North Richland Hills, Texas 76180-7901 Attention: Mike Curtis. PE Dear Mr. Cunningham: . Attached are two revised originals of the Local Transportation Project Advance Funding Agreement between North Richland Hills and the State for both projects listed above. Previous incorrect versions of these documents were inadvertently sent to your office. We apologize for the error and appreciate your cooperation and understanding in this matter. Please execute all of the agreements and return them to the Fort Worth District along with the City Council Resolution approving the projects and a check or warrant made payable to the Texas Department of Transportation for 0902-48-576 in the amount of $36,971. TxDOT will utilize these funds during the preliminary engineering development of the project. If you have any questions or comments, prease contact Karen Schluter at (817) 370-6804. k's Attachments cc: file Z1£lk\ William C. Riley, PE Director of T ransporta . o lanning & Development ~6. ( JUN 0 8 2006 NRH Public Works An Equal Opportunity Employer . . CSJ #º902-48-576 ___ District # 02 Code Chart 64 ff 30500 Project: Davis Boul~vard (F~11938) at Mid- Cities Boulevard Agrcclnent No. 02-184 STATE OF TeXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A CMAQ Project (On State System) THIS Local Project Advance Funding Agreement (lPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "Staten, and the City of North Richland Hills, acting by and through its duly authorized officials, hereinafter called the "Local Government. II WITNESSETH . WHEREAS, a Master Agreement Governing Lòcal Transportation Project Advance Funding Agreements (MAFA) between the Local Government and the State has been adopted, effective Mav 23, 2000, and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 108087 that provides for the development of, and funding for, the project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectivefy kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the MAFA, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 3. Amendments to this LPAFA shall be made as described in the MAFA. without exception. 4. Scope of Work · The development of the PS&E package for the project in accordance with design criteria outlined in TxDOT's Roadwav Desian Manual. · The purchasing of right of way for the project. · The construction of intersection improvements at the intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard. 5. Right of Way and Real Property shall be acquired under one of the following procedures (check either a. or b.): a. _ Purchase by the State. Acquisition of right of way shall be the responsibility of the State, as stated in the MAFA, without exception, unless othelWise provided in Special Provisions and/or AFA-LPAFA_OnSys Page 1 of 8 Revised 2/2/06 . . CSJ #0902-48:576 District # 02 Code Chart 64 #30500 Project: Davis Boulevard (FM 1938) at Mid- Cities Boulevard Agreenlent No. 02-184 Attachment C. A warrant or check in the amount of the Local Government's estimated participation as reflected in Attachment C, shall be made payable to the Texas Department of Transportation and transmitted to the State prior to release of the Project by Right of Way Division, or within thirty (30) days from receipt of the State's written notification, whichever is earlier. OR b. L Purchase by the Local Government for the State. Acquisition of right of way shall be the responsibility of the Locar Government, as stated in the MAF A, without exception, unless otherwise provided in Special Provisions and/or Attachment C. . 6. Donations of real property may be credited to the Local Government's funding obligation for cost of right of way to be acquired for this project. This section shall apply only to projects for which there is no federal financial assistance and for which the State is responsible for acquisition of the right of way. Credit for all real property, other than property which is already dedicated and/or in use as a public road, donated by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this LPAFA. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. Such documentation shall include an appraisal of the property by a qualified appraiser, unless the Local Government determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Credit shall be given only for property transferred at no cost to the State after the effective date of this LPAFA and the State's issuance of a letter of funding authority, and only for property which is necessary to complete this project. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this LPAFA, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its donation credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 7. Adjustment of eligible utilities and payment of costs associated with such adjustment shall be provided by _ the State (or) L Local Government (check the aoplicable party) and shall be in accordance with provisions set forth in the MAFA. 8. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, wjthout exception. 9. Compliance with Texas Accessibility Standards and ADA will be as stated in the MAFA, without exception. AFA-LPAFA_OnSys Page 2 of 8 Revised 2/2/06 . . CSJ #0902-48-576 District # 02 Code Chart 64 #30500 Project: Davis Boulevard (FM 1938) at Mid- Cities Boulevard Agreement No. 02-184 10, Architectural and Engineering Services will be provided by the Local Government, as stated in the MAFA , wìthout exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Locar Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. The engineering plans shaH be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A. in all cases. Professional services contracts for federally funded projects must conform to federal requirements. specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. . 11. Construction ResponsibUities will be carried out by the State, as stated in the Master Agreement, without exception. 12. Project Maintenance will be undertaken as provided for in the MAFA, without exception. 13. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. All right of way Project cost overruns shall be shared in the same cost participation ratios as apply under this agreement to the applicabre cost category. Other overruns are as stated in the MAFA. d. The State, without cost to the Local Government, will do the necessary preliminary engineering. For purposes of this agreement. preHminary engineering includes design schematics. property descriptions, parcel plats and right of way maps. e. Unless otherwise provided for in this agreement, payment is as stated in the MAFA. In the . event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement. the LocaJ Government shall remit a check or warrant made payable to the liT exas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in AFA-LPAFA_OnSys Page 3 of 8 Revised 212/06 . . CSJ H0902-48-~lL,,__ District # 02 Code Chart 64 #3050º---__ Project: Davis Boulevard (FM 1938) at Mid- Cities Boulevard Agreenlcnt No. 02-184 the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 14. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA. unless such MAFA provision is specifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. 16. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for aU persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way ;s complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 17. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. 18. Special Provisions. _N/A . AFA-LPAFA_OnSys Page 4 of 8 Revised 212/06 . . CSJ #0902-48-576 District # 02 Code Chart 64 #30500 Project Davis Boulevard (FM 1938) at Mid- Cities Boulevard Agreement No. 02-184 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT Name Printed Name and Title Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: . Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: AF A-LPAF A_ OnSys Page 5 of 8 Revised 2/2106 . . CSJ #0902-48-576 District # 02 Code Chart 64 #30500 Project: Davis Boulevard (FM 193R) at Mid- Cities Boulcvard Agreement No. 02-184 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS lPAFA . AF A-LPAF A_ OnSys Page 6 of 8 Revised 2/2/06 . . ATTACHMENT 8 PROJECT LOCATION MAP . AFA-LPAFA_OnSys Page 7 of 8 . CSJ #0902-48-576 District # ~__ Code Chart 64 #~_ Project: Davis Boulevard (FM 1938) at f\.1id- Cities Boulevard Agreement No. 02-184 Revised 2/2/06 . CSJ #0902-48-576__ District # 02 Code Chart 64 #305QO Project: Davis Boulevard (FM 193R) at rvlid- Cities Boulevard Agreement No. 02-184 . Total Federal Description Estimate Participation Local Participation Cost % Cost % Cost Additional Cost :p~entriin'¡~rý'Engine~l1ng,:~ftèfRig~l~~f 'fIay:--:: ',',' ': Environmental $141.390 80% $113,112 20% $28,278 $0 Plans, $166,000 800/0 $132,800 200/0 $33,200 $0 Specifications and Estimates Total PS&E $307,390 $245.912 $61.478 $0 ,":,:,,',:ÇQ~~$T~~JÇJ1QN :ÇOS,TS," , ", '" 'r :,", Estimated $942.600 80% $ 586,088 200/0 $146,522 $209,990 Construction Cost Direct State Costs $ 65,982 $ 52,786 $13,196 at 7% (including plan review, inspection and oversight) First Payment due $36,971 upon execution of Agreement at 10% Final Payment Due $ 332.738 60 days Prior to letting Total Construction $1,008,582 $ 638,874 $ 369,708 'PROJECt::TOTAL, $1 ,~l5.~J2: $ :88,4,786.' ' :!,d' ),,'::'$ ,431, 186 ':; ATTACHMENT C BUDGET ESTIMATE AND SOURCE OF FUNDS Total participation required from the Local Government = S.431.186 AFA-LPAFA_OnSys Page 8 of 8 Revised 2/2/06 . . Excerpt from FY2005/06 CIP Budget 13 Jul 05 10:55 GIS_0527 S_DavisMidCities_lntersect.mxd . Davis Blvd./Mid-CitieslBlvd~ Int~ection (TEA-21) Scale: 1" = 800' . Davis Blvd.1 Mid-Cities Blvd. Intersection (TEA-21) N W+E S N&~RTH RICHLAND HILLS Project Locator Map Information Services Department - GIS · · · CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 7-24-2006 Agenda No.E.2 Subject: PW 2006-022 Approve a Revised Local Project Advance Funding Agreement with the Texas Department of Transportation for the construction of Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Boulevard - Resolution No. 2006- 060 On April 24, 2006, the City Council approved a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the reconstruction of Rufe Snow Drive from Hightower Drive to Mid-Cities Boulevard. This project is identified in the FY 2005/2006 Capital Projects Budget. Prior to Council's approval in April, staff had been working with TxDOT in developing a LPAFA that met both the City's needs and TxDOT's requirements. Recently, TxDOT notified the City that incorrect versions of these documents (the LPAFA) were inadvertently sent by TxDOT staff to the city. Basically, TxDOT sent staff the LPAFA for "on system" projects, which are those streets, traffic signal facilities, etc., which are currently designated as being a part ot the state highway system, Rufe Snow Drive is not a part of the state highway system. The only substantial change to the current (revised) LPAFA and the LPAFA approved by Council in April is in the first "Whereas clause" which now indicates that a Master Agreement between the City and the State is on file with the state. All key components from the LPAFA approved by Council in April and the current LPAFA remain unchanged. A summary ot these key components within the agreement are indicated below: · This project is based on a 54/46 split (TxDOT = 54% / North Richland Hills = 46%); not the typical 80/20 split. (During the "call tor projects" for which this section of Rufe Snow Drive was submitted, one of the evaluation criteria was based on the local entities amount of "overmatching" beyond the typical 80/20 split. North Richland Hills submitted this section of Rufe Snow Drive with a local overmatch in order for this section to be ranked higher than had it been submitted with the 80/20 split. In order to prepare the necessary agreements, TxDOT has shown the project as an 80/20 split with an overmatching local contribution to produce the 54/46 split.) · TxDOT will participate in the costs of engineering, Right-at-Way (ROW) acquisition and construction. · Adjustments ot utilities shall be the responsibility of the City. · An Environmental Assessment and any corresponding mitigation shall be the responsibility of the City. · The maximum grant available per this agreement is $7,562,043 for engineering, ROW acquisition and construction. The City will be responsible for the local match and all cost overruns, unless this agreement is amended. · · · · Currently, it is estimated that the City's share for this project is $6,164,916. · The City is required to pay $50,000 to TxDOT upon approval by Council of this agreement. The $50,000 represents the local contribution for TxDOT review of the Preliminary Engineering. (TxDOT has acknowledged receiving this check after Council's April approval of the LPAFA and therefore, no funds are due at this time.) Sufficient funds are approved in the 2005-2006 Capital Projects Budget. Recommendation: To approve Resolution No. 2006-060 authorizing the execution of the Local Project Advance Funding Agreement with the Texas Department of Transportation for the "Rufe Snow Drive Improvements from 1 00 feet north of Hightower Drive to Mid-Cities Boulevard" Project. eNRH RESOLUTION NO. 2006-060 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS: SECTION 1. THAT The City Manager be, and is hereby authorized to execute the attached Local Transportation Project Advance Funding Agreement (CSJ #0902-48-577) for Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Boulevard with the Texas Department of Transportation as an act and deed of the City. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHLAND HILLS ATTEST: By: Oscar Trevino, Mayor e Patricia Hutson, City Secretary APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Public Works Director e . -~---* I Texas Department of Transportation P.o. BOX 6868 · FORT WORTH, TEXAS 76115-0868 . (8t7) 370-6500 June 5, 2006 CONTACT: DO-CM Advance Funding Agreement CSJ: 0902-48-576 FM 1938 (Davis Blvd.) At Mid-Cities Blvd. 0902-48-577 Rute Snow Drive From 1001 north ot Hightower Drive to Mid-cities Blvd. Larry J. Cunningham City Manager City of North Richland Hills 6720 N.E. Loop 820 North Richland Hills, Texas 76180-7901 Attention: Mike Curtis, PE Dear Mr. Cunningham: . Attached are two revised originals of the Local Transportation Project Advance Funding Agreement between North Richland Hills and the State for both projects listed above. Previous incorrect versions of these documents were inadvertently sent to your office. We apologize for the error and appreciate your cooperation and understanding in this matter. Please execute all of the agreements and return them to the Fort Worth District along with the City Council Resolution approving the projects and a check or warrant made payable to the Texas Department of Transportation for 0902-48-576 in the amount of $36,971. TxDOT will utilize these funds during the preliminary engineering development of the project. If you have any questions or comments, please contact Karen Schluter at (817) 370-6804. 76. kls Attachments cc: file William C. Riley, PE Director of Transporta . o lanning & Development JUN 0 8 2006 NRH Public Works An Equal Opportunity Employer . . CSJ #0902-48-577 District # 02 Code Chart 64 #30500 Project: Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Blvd. Agreement No. 02-186 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For an STP..MM Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the .State", and the City of North Richland Hills, acting by and through its duly authorized officials. hereinafter caned the "Local Government." WITNESSETH . WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 108087 that provides for the development of, and fundjng for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. The scope of work for this LPAFA is described as the development of the PS&E package for: · The purchasing of right of way for the project. · The widening of Rute Snow Drive from 100 feet north ot Hightower Drive to Mid-Cities Boulevard. The roadway will be widened from 5 to 7 lanes with turn lanes at the major intersections (Hightower Drive and Chapman Drive). 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement. without exception. AFA-LPAFA_OffSys Page 1 of 7 Revised 2/2106 . . CSJ #0902-48-577 Oistrict # 02 Code Chart 64 #30500 Project: Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Blvd. Ag reement No. 02-186 . 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services wiH be provided by the Local Government, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomprish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law . The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways. Streets and Bridges, and the special specifications and special provisions related thereto. I n procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA. and environmental matters. 10. Construction Responsibilities will be carried out by the Local Government, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. AFA-lPAFA_OffSys Page 2 of 7 Revised 2/2/06 . . CSJ #0902-48-577 District # 02 Code Chart 64 #30500 Project: Rufe Snow Drive from 1 00 feet north of Hightower Drive to Mid-Cities Blvd. Agreement No. 02-186 . e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project. the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances. commissioners court ord.ers, rules. policies. or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats. result in increased costs1 then any increased costs associated with the ordinances or changes win be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State. the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAF A) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for aU persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right AF A-lP AF A_ OffSys Page 3 of 7 Revised 2/2/06 . . CSJ #0902-48-577 District # 02 Code Chart 64 #30500 Project Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Blvd. Agreement No. 02-186 of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE lOCAL GOVERNMENT By: (Signature) Printed Name: Title: Date: . THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Section Office of General Cou nsel Texas Department of Transportation Date: AFA-LPAFA_OffSys Page 4 of 7 Revised 2/2/06 . . CSJ #0902-48-577 District # 02 Code Chart 64 #30500 Project: Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Blvd. Agreement No. 02-186 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA . AF A-LPAF A_ OffSys Page 5 of 7 Rovised 2/2/06 . · ATTACHMENT B CSJ #0902-48-577 District # 02 Code Chart 64 #30500 Project: Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Blvd. Agreement No. 02-186 PROJECT LOCATION MAP · AFA-lPAFA_OffSys Page 6 of 7 · Revised 2/2/06 . o £:. t o c: Q) ~ o . 0'0 ~> Em .g .~ ~5 g o¡: ~ (C ~o~~ ("')3:0' :tt0-N eX) v{jj~~ 'Y to Q)"C: 0 ~~-e'SO= 0>=a:t:~a:::Q;C: iõü~3:~ JEQ)~.9Q) CI) .Cfl -g °5 ~ ~ () 0 U ,-.- C) Q..J:« . . C/J o Z :J LL LL o W u a:: :'J o uU) 1-0 zZ we:( :z:w :J:I- u« <C~ ::i= ~fß I- w C> o :J co I- U W 'I o ~ a.. CD o ~ -c Q,) en "> Q,) a: II +-' c: (b E c: L- eu > o C1 C\'S o o Q) J: oW ,..... '+- o "o... Q) Q) ro a.. E o L.. 'to- "0 Q) .: ;::, tT Q) L.. c: o :;:; cu Co 'õ E CO Co ëã ... o I- en >.. ~ ð 4:1 u.. 4: a.. -.J c:t u.. 4: Excerpt from FY2005/06 CIP Budget . 13 Jut 05 10:55 GIS_0527 S_Rufesnow-imps-midcities to hightower.mxd ..,. ~; GR£E",...E~-- 'i:i £ ,:~ HIGHTOWER DR IGtffeWER- . ~~ 11 \~'~'1 I-eRIX_BRj L ~ ';\ i ~. ~ ~ ...,u.¡ ~eR S s~ t Rufe Snow Dr. stre~ Improvemen.ts (Mid-Ci~ies Blv~. to¡~ightower Dr.r"·, _(TEA~21) (TxDQT) -: I ==f' " MI .eK-IE513L-Ve e~~ rBtE:K-FISHER-GR- i , ~H'~'_' 0 Scale: 1" = 1000' . Rufe Snow Dr. Street Improvements (Mid-Cities Blvd. to Hightower Dr.) (TEA-21) (TxDOT) N W+E S N €'r~ R T I-I RICHLAND HILLS Project Locator Map Information Services Department - GIS . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 7-24-2006 Agenda No.E.3 Subject: PW 2006-023 Approve a Memorandum of Understanding with the Texas Department of Transportation for the expansion and re-striping of Davis Boulevard (FM 1938) from 5 to 7 lanes from Emerald Hills Way to Starnes Road - Resolution No. 2006- 061 On April 24, 2006, the City Council approved a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the expansion and re-striping of Davis Boulevard from 5 to 7 lanes from Emerald Hills Way to Starnes Road. This expansion and re-striping project is identified in the FY 2005/2006 Capital Projects Budget. Prior to Council's approval in April, staff had been working with TxDOT in developing a LPAFA that met both the City's needs and TxDOT's requirements. Recently, TxDOT notified staff that due to certain peculiarities of this project, this project would not need a LPAFA and could proceed using TxDOT's Memorandum of Understanding (MOU). The specific peculiarities of this project are: 1. The project is on an existing state highway; 2. The City is responsible for all of the engineering design costs; and 3. TxDOT is responsible for all of the construction costs. Since TxDOT staff made the error, the State would allow the City to continue with the approved LPAFA or approve the attached MOU. Proceeding with an MOU on this project, instead of a LPAFA is advantageous to the City for various reasons. A comparison of these reasons between the previously approved LP AF A and the attached MOU is indicated below: Com ared Item Cit Pa ment to TxDOT "u front" Res LPAFA TxDOT Cit X X ht Costs X X X X MOU TxDOT Cit X X . . . As shown in the above table, the City would not have to pay any funds up front, pay for any of TxDOT's inspection fees, conduct any environmental assessments, or pay any amount towards construction if the City elects to go with the MOU. Sufficient funds are approved in the 2005-2006 Capital Projects Budget. Recommendation: To approve Resolution No. 2006-061 authorizing the execution of the Memorandum of Understanding with the Texas Department of Transportation for the "Davis Boulevard (FM 1938) Expansion and Re-Striping" Project. . NI~H RESOLUTION NO. 2006-061 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH LAND HillS, TEXAS: SECTION 1. THAT the City Manager be, and is hereby authorized to execute the attached Memorandum of Understanding with the Texas Department of Transportation for the expansion and re-striping of Davis Boulevard (FM 1938) from 5 to 7 lanes from Emerald Hills Way to Starnes Road. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHlAND HillS ATTEST: By: Oscar Trevino, Mayor Patricia Hutson, City Secretary . APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Public Works Director . · · · CSJ # 1978-01-045 Project: FM 1938 (Davis Blvd) From Emerald Hills Way to Starnes Rd. MEMORANDUM OF UNDERSTANDING BEWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION AND NORTH RICHLAND HILLS CONCERNING AN STP-MM ON STATE SYSTEM PROJECT This Memorandum of Understanding (MOU) identifies the roles and responsibilities of the Texas Department of Transportation identified as "State" and the City of North Richland Hills identified as "Local Government". The project limits for this MOU are described as the restriping and reconstruction of FM 1938 (Davis Blvd.) from 5 to 7 lanes with turn lanes at major intersections and signal improvements from Emerald Hills Way to Starnes Road identified as "project". 1. That the Local Government will perform the following work associates with the project at no cost to the State: · Compliance with Texas Accessibility Standards and ADA. · Acquisition of right of way, if required. · Adjustment of eligible utilities and payment of costs associated with such adjustment, if required. · Architectural and Engineering Services: The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State will review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. Including any construction phase services, as required. · Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 2. That the State will be responsible for: · Construction of the project at no cost to the City. · Environmental Assessment and Mitigation. SiQnature of Aareement THE LOCAL GOVERNMENT STATE By: By: (Signature) Printed Name: Title: Date: · Excerpt from FY2005/06 CIP Budget 13 Jul 05 10:55 GIS_0527 S_Davis-emerald to starnes-lane expansion.mxd · Davis Blvd. Lane Expansion (TEA-21) (TxDOT) (Emerald Hills Way to Starnes Rd.) Q a:: ~ o Q UJ :E Q a:: UJ Z ~ U MARTIN N W+E S MID-C\TI N@RTH RICHLAND HILLS Project Locator Map ~-?!- ~~ 9,«; oq! f)" co ' C:J~ Scale: 1" = 1600' Information Services Department - GIS · . . . Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7-24-2006 Agenda No.F.O . . . CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: LKoonce I RT orres Council Meeting Date: 7-24-2006 Agenda No.F.1 Subject: PU 2006-050 Award Bid to Yamaha Golf Car Company for the Lease of Golf Cars for Iron Horse Golf Course - Resolution No. 2006-058 As part of the planning and program of services for Fiscal Year 2005-2006, the Golf Course is replacing the golf car fleet. The current fleet is at the end of a 48-month lease. The plan is to have new cars in service when the Golf Course re-opens in September at the same time the greens replacement project is completed. Ven90rs were requested to bid on 48-month and 36-month leases. Bidders were also given the ability in the specifications to offer financing options such as lease to own or dealer buy-back. Due to constant wear and tear on golf cars, the 36-month lease is preferable to the 48- month lease. The City plans to return the cars to the selected vendor at the end of the lease period, at which time a new fleet would then be obtained for an additional lease period. Bids were solicited for 88 golf cars, 2 utility vehicles, and a shuttle vehicle. Bid packets were sent to seven vendors. Three vendors submitted bids: Club Car, E-Z Go Textron, and Yamaha Golf Car Company. Yamaha Golf Car Company's bid meets specifications and is the low bid for a 36-month lease. Yamaha will also guarantee the buy-back of the cars at the end of the lease period. The annual lease cost will be $61,764. The new lease payments will be approximately $5,500 less annually than those of the expiring lease. City staff surveyed 11 courses in and around the Metroplex which currently use Yamaha Golf Cars. The course managers said that the golfers like the cars' features. The course managers also reported that Yamaha is very responsive to requests for repair and performs routine maintenance on site. The City of Fort Worth is currently 18 months through a 36-month lease with Yamaha. Fort Worth leases 320 cars at five courses including Meadowbrook, Pecan Valley, Rockwood, Sycamore Creek and Z. Boaz. Fort Worth staff is very pleased with the quality of the cars and the level of service received. Yamaha has indicated the delivery date of September 1, as stated in the bid, will be met. Vendor conflict of interest forms are on file. Recommendation: To Approve Resolution No. 2006-058. .N~H RESOLUTION NO. 2006-058 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH LAND HillS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute the agreement with Yamaha Golf Car Company to provide 88 golf cars, 2 utility vehicles and a shuttle vehicle, as the act and deed of the City. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. 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CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Richard Torres Council Meeting Date: 7-24-2006 Agenda No.F.2 Subject: GN 2006-066 Consideration of Retaining the Official Name of Norich Park - Resolution No. 2006-065 The Naming Board convened on July 10, 2006 to consider issues related to making recommendations for the naming of various parks. One item on this agenda was to consider a potential new name for Norich Park. As you know Norich Park is currently under major renovation. And as a part of this renovation the park will take on a new theme - that of dinosaurs. Because of the new appearance of the park that will include new play equipment, a walking trail, and parking it was first thought that it would be appropriate to consider a new name similar to the policy for naming new parks within the community. The Naming Board had considerable discussion about the potential for renaming Norich Park. It was discussed that the name "Norich" was derived through a city-wide contest that was held when the park, located at 5400 Finian Lane, was first established in 1973. It is understood that a Mr. Bobby Lusk submitted the name of "Norich " in this contest and was selected as the winner at the same time that two other parks were named - Northfield Park and Richfield Park. Due to the extensive and high profile naming contest that was held, it was thought that it might be appropriate to retain this name and not make any changes. As a result, the Naming Board unanimously voted to recommend to the City Council that the name of Norich Park remain as is. Recommendation: To approve Resolution No. 2006-065. . NI~H RESOLUTION NO. 2006-065 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS OFFICIALLY RETAINING THE NAME OF NORICH PARK WHEREAS, the Naming Board of the City of North Richland Hills convened on July 10, 2006 to consider various recommendations for park names; WHEREAS, Norich Park is currently undergoing major renovation improvements and was first considered for a possible new name; WHEREAS, Norich Park was originally named through a city-wide naming contest when the park was originally developed in 1973; and WHEREAS, the Naming Board recommends that Norich Park remain as is. BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS: . SECTION 1. THAT the name of Norich Park remain as is and not be considered further for renaming. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHlAND HilLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Richard Torres, Assistant City Manager . CITY OF NORTH RICHLAND HILLS . Department: City Manager's Office Presented by: Richard Torres Council Meeting Date: 7-24-2006 Agenda NO.F.3 Subject: GN 2006-067 Consideration of Designating an Official Name for Goode Place Neighborhood Park - Resolution No. 2006-066 The Naming Board convened on July 10, 2006 to consider issues related to making recommendations for the naming of various parks. One item on this agenda was to consider a potential official name for Goode Place Neighborhood Park. As you know Goode Place Park is an unofficial name that has been used for several years on a future neighborhood park site located on Richland Boulevard just west of Davis Boulevard. This park site is currently under construction and is expected to be completed by the end of the year. The City's Naming Board was recently charged with recommending a new, official name for the park to the City Council. A variety of names were considered from a list of early founders or citizens who have contributed to the development of our city through their leadership, economic development or social significance. By a unanimous vote of the Naming Board, the recommendation is for the Goode Place Neighborhood Park to be officially changed to "Ace" Park in recognition of the early contributions made by Mr. Kenneth "Ace" Nace to the City of North Richland Hills. . Ace Nace, as everyone knew him, was the third Mayor of the City of North Richland Hills from 1957 to 1958. During his term he hired the first City Secretary for the City. Ace had previously served on the citizen's committee that initiated the movement to incorporate the town. In the late 1990's he served on the Historical Committee which assisted a historian in writing The History of NRH, published in 1998. In his private life Ace was an American Airlines pilot from 1940 to 1978 and logged more than 4 million air miles during his career. He also owned two local gas stations. Ace passed away in May, 2001 at the age of 83. Recommendation: To approve Resolution 2006-066. Formerly known as Goode Place Neighborhood Park to be officially named "Ace" Park in recognition of Mr. Kenneth "Ace" Nace. . . NI~H RESOLUTION NO. 2006-066 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HilLS OFFICALL Y RENAMING GOODE PLACE NEIGHBORHOOD PARK TO "ACE" PARK. WHEREAS, the Naming Board of the City of North Richland Hills convened on July 10, 2006 to consider various recommendations for park names; WHEREAS, the unofficial name of Goode Place Neighborhood Park had been used for a number of years to represent a future park site located on Richland Boulevard just west of Davis Boulevard; WHEREAS, Goode Place Neighborhood Park is currently under construction and is anticipated to be completed by year end; WHEREAS, it is the desire of the City Council to officially name Goode Place Neighborhood Park after an early founder or significant contributor to the community; and . WHEREAS, the Naming Board recommends that the official name of Goode Place Neighborhood Park be "Ace" Park after the former Mayor Kenneth "Ace" Nace. BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: SECTION 1. THAT Goode Place Neighborhood Park be officially named "Ace" Park in recognition of Mr. Kenneth "Ace" Nace's early contribution to the City of North Richland Hills. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHlAND HilLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary . . APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Richard Torres, Assistant City Manager . . . . . CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Richard Abernethy Council Meeting Date: 7-24-2006 Agenda No.F.4 Subject: GN 2006-065 Contract Authorizing Pass-Through State Grant Agreement for the Northeast Transportation Service - Resolution No. 2006-056 A contract proposal between the City of North Richland Hills and the Texas Department of Transportation has been received providing for the continuation of State funding for the Northeast Transportation Service (NETS). The City is acting as a pass-through conduit for the grant funds. No City funding is required to administer the contract. The NETS program provides on-call transportation service to the elderly and disabled in seven Northeast Tarrant County Cities including Bedford, Euless, Grapevine, Keller, Haltom-City, Hurst and North Richland Hills. The primary focus of the service is to provide transportation to places of employment and medical appointments. The contract for the grant agreement becomes effective September 1, 2006 and expires August 31, 2007. This contract requires no local match and will not effect the City's budgeted participation in the NETS program. The Texas Department of Transportation is still in the process of determining how to allocate the funds for Fiscal Year 2007. The actual amount North Richland Hills will receive will not be finalized until the beginning August. However, the Texas Department of Transportation still requires us to approve and submit the state grant agreement to them no later than August 1, 2006. Last year the City received $116, 134.00 from the Texas Department of Transportation and staff is hopeful the City will receive a similar amount for the coming year. Recommendation Approve Resolution No. 2006-056 authorizing the City Manager to sign the contract allowing the City to act as a pass through until August 31, 2007. eNRH RESOLUTION NO. 2006-056 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH LAND HillS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute a contract with the Texas Department of Transportation for a pass through State Grant Agreement for the Northeast Transportation Service (NETS), as the act and deed of the City of North Richland Hills. PASSED AND APPROVED this the 24th day of July, 2006. CITY OF NORTH RICHlAND HILLS By: Oscar Trevino, Mayor ATTEST: e Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Richard Abernethy, Asst. to the City Manager e . REVISED MGA SUBRECIPIENT: North East Transportation Service (NETS) FOR PTN USE ONLY STA TEJLOCAL PUBLIC TRANSPORTATION Service Area: Bedford. Euless, Grapevine. Haltom City, Hurst, Keller, and North Richland Hills. MGA GRANT NO.: 517XXF7059 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § PUBLIC TRANSPORTATION MASTER GRANT AGREEMENT THIS PUBLIC TRANSPORTATION MASTER GRANT AGREEMENT (MGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and the North East Transportation Service (NETS), hereinafter called the "Subrecipient. .. . WITNESSETH WHEREAS, federal and state laws require the State and Subrecipients meet certain contract standards relating to the management and administration of state and federal funds; and WHEREAS, the governing terms of this MGA will provide for efficient and effective contract administration; and, WHEREAS. the Subrecipient must execute a Fiscal Year Grant Application, Part I each fiscal year grant period for consideration for new state and/or federal grants, and is hereby made a part of this MGA; and WHEREAS. if applicable, the Subrecipient must execute a Fiscal Year Grant Application, Part II each fiscal year grant period for consideration for new federal grants, and is hereby made a part of this MGA; and WHEREAS, the State and the Subrecipient understand and agree that not every provision of this document will apply to every Subrecipient or every project, depending upon the nature of the Project and the section of the statute authorizing the financial assistance; and NOW. THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and peñormed as hereinafter set forth, it is agreed as follows: AGREEMENT ARTICLE 1. MGA AND PROJECT GRANT AGREEMENTS (PGA) TIME PERIOD This MGA and the Project Grant Agreements (PGA) executed under this MGA become effective when signed by the last party whose signing makes the respective agreement fully executed. This MGA shall remain in effect until August 31, 2011 unless terminated or otherwise modified in an Amendment added to this MGA. «name» umga» 1 of 34 . . . . ARTICLE 2. COMPENSATION A. The State's reimbursement to the Subrecipient is contingent upon the availability of appropriated funds. The State shall have no liability for any claims submitted by the Subrecipient or its subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not available to pay the Subrecipient's claims. B. To be eligible for reimbursement under the MGA, a cost must be incurred and authorized within the MGA period specified in Article 1, MGA and PGA Grant Time Period. c. The Subrecipient may submit requests for reimbursement to the State no more frequently than monthly and no later than forty-five (45) days after the date of the invoices submitted for reimbursement. The Subrecipient will use invoice statements acceptable to the State. Additional documentation to support any cost incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. D. The original and one copy of the invoice is to be submitted to the appropriate TxDOT District Office. E. The State will make payment within thirty (30) days of the receipt of properly prepared requests for reimbursement. F. The Subrecipient will submit a final billing within forty-five (45) days of the completion or termination of the MGA or PGA in accordance with Article 1, Grant Period. G. Because this contract provides for reimbursement of costs that have already been incurred, it is the expectation of the State that all subcontractors and vendors will have been paid before a request for reimbursement is submitted. If for any reason a subcontractor or vendor has not been paid the Subrecipient shall pay that subcontractor and/or vendor for work performed within ten (10) days after the Subrecipient receives payment for the work performed by the subcontractor. Also, any retained monies on a subcontracto(s work shall be paid to the subcontractor within ten (10) days after the Subrecipient receives any retainage payment. The State shall not be responsible for the debts of the Subrecipient. The requirement of paying contractors and vendors within ten (1 0) days is also applicable to all sub-tier subcontractors and the above provisions shall be made a part of all subcontracts. Failure to comply with any of the above requirements may cause withholding of payments to the Subrecipient and will be grounds for termination of this grant agreement by the State. H. The above requirements are also applicable to all sub-tier subcontractors and the above provisions shall be made a part of aU subcontracts. I. Failure to comply with any of the above requirements may cause withholding of payments to the Subrecipient and will be grounds for termination of this MGA and PGAs by the State. ARTICLE 3. PGA AND AMENDMENTS A. All PGAs and/or MGAlPGA Amendments must be executed by both parties within the grant time period specified in Article 1, MGA and PGA Grant Time Period. B. The Subrecipient is authorized to re-budget without a formal amendment when the proposed revision involves an increase in one category and a corresponding decrease in another, provided however, that any such revision meets all of the following criteria: 1. Does not result in the need for additional funds; and, 2. Does not exceed ten percent of the current total approved budget and the federal or state funding exceeds $100,000; and, 3. Does not exceed the current total approved budget: and, 4. Does not involve a transfer of funds from an authorized capital equipment purchase to another category; and, «namelt fCmga» 2 of 34 . . . 5. Does not involve a transfer of funds from training to another expense category; and, 6. Does not involve a transfer of funds from construction to a non-construction category; and, 7. Does not involve a transfer of funds from a direct to indirect cost category. C. If a proposed revision meets all of the criteria listed above, the Subrecipient must notify the State in writing before the revision is made, describing the revision, explaining the need, and certifying that it complies with the above criteria. ARTICLE 4. SUBCONTRACTS The Subrecipient shall not enter into any subcontract with individuals or organizations for the purchase of equipment and/or to provide professional services without prior authorization and consent to the subcontract by the State. All Subcontracts shall contain all required provisions required by state or federal law. Subrecipients shall furnish the department notice of the intent to award a purchase order or contract to any individuals or organizations not a part of the Subrecipient's organization when the amount of the purchase meets or exceeds the threshold level in the Government Code or Local Government Code (or $15,000 for those entities not covered by the Government Code or Local Government Code) requiring formal competitive procurement. Purchases shall not be split out to stay below the threshold amount. No subcontract will relieve the Subrecipient of its responsibility under this MGA and PGA. ARTICLE 5. AUDIT REQUIREMENTS Subrecipient audit procedures shall meet or exceed the audit requirements outlined in Title 48, Code Federal Regulations (C.F.R.), Federal Acquisition Regulations (FAR). ARTICLE 6. STANDARDS FOR FINANCIAL ADMINISTRATION The Subrecipient's standards for financial administration must conform with the requirements of 49, Code of Federal Regulations § 18.20. ARTICLE 7. PROCUREMENT STANDARDS Subrecipient procurement standards shall meet or exceed the requirements of 48 C.F.R., FAR, 49 C.F .R. § 18.36, and 49 CFR Part 19 including standards for competitive procurements; methods of procurement; contracting with small and minority firms. women's business enterprise and labor surplus area firms; contract cost and price; awarding agency review; insurance and bonding. The Subrecipient's procurement system must include but not be limited to the following procurement standards. A. Procurement procedures which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in this section. B. A contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. C. A written code of standards of conduct governing the performance of employees engaged in the award and administration of contracts. No employee, officer, or agency of the Subrecipient shall participate in selection or in the award or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent. would be involved. D. A process for review of proposed procurements to avoid purchase of unnecessary or duplicative items. E. Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency. F. Use of value engineering clauses in contracts for construction projects. «name» tcmga» 3 of 34 . -- . G. Awards made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. giving consideration to such matters as contractor integrity. compliance with public policy. record of past performance. and financial and technical resources. H. Records sufficient to detail the significant history of procurement. including rationale for the method of procurement. selection of contract type. contractor selection or rejection. and the basis for the contract price. I. Limited use of time-and-materials contracts. J. Use of good administrative practices and sound business judgment to settle contractual and administrative issues arising out of procurements. K. Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure to the State of information regarding the protest. L. Procurement transactions conducted in a manner that provides full and open competition. M. If equipment or real property is transferred to a Subrecipient. that equipment or real property shall be owned and operated in accordance with the same rules and regulations governing the ownership and operation of equipment or real property acquired with financial assistance from the State. N. The equipment and program provisions survive the contract duration. O. These standards will apply to the project(s) described in the Fiscal Year Grant Application. Part I and Part II. and PGAs. . For those projects requiring a formal competitive process. the Subrecipient shall furnish a copy of the public notification. prior to issuance, along with any other procurement documents requested by the department. for department review and approval. Upon procurement of items under this MGA or PGA. the Subrecipient shall submit to the State a list of all bidders and subcontractors that quoted on the procured items. The Subrecipient shall submit the list with their requests for reimbursements and must include names. addresses. telephone numbers. and type(s) of work quoted. ARTICLE 8. PROPERTY MANAGEMENT The State must concur in the award of all purchase orders for non-expendable personal property as defined in 49 C.F.R. §§ 18.32 and 18.33. Acquisition of real property must comply with 49 C.F.R. §18.31. ARTICLE 9. EQUIPMENT MANAGEMENT A. Management standards include. but are not limited to: 1. Recording the State's security interest as a lien on the certificate of title of the vehicle at the time of purchase in accordance with Transportation Code. Chapter 501 and in accordance with Title 43. Texas Administrative Code §31.55. 2. Maintaining equipment records that include a description of the equipment; a serial number or other identification number; the source of equipment; who holds title; the acquisition date and cost of the equipment; percentage of federal and state participation in the cost of the equipment; the location. use and condition of the equipment; maintenance history for each vehicle: and ultimate disposition data including the date of disposal and sale price. 3. Conducting a physical inventory of the equipment at least once every two (2) years and reconciling the inventory with equipment records described in the preceding paragraph. 4. Developing a control system to ensure adequate safeguards to prevent loss, damage. or theft of the equipment. Any loss. damage. or theft shall be investigated. 5. Developing and following procedures to keep the equipment maintained and in good condition. At a minimum, the Subrecipient shall follow the vehicle maintenance schedule recommended «name» «mga» 4 of 34 . . . . ---~--._-_.. ---- - - -- by the manufacturer, showing the date the maintenance was performed. Maintenance records shall be provided to the State upon request. 6. Requesting disposition instructions from the State, and if authorized to sell the equipment, using proper sales procedures to insure the highest possible return. B. The Subrecipient will comply with Title 43, Texas Administrative Code §§31.53 and 31.55, to protect the public investment in real property and equipment purchased in whole or in part with state or federal funds. c. In the event that project equipment is not used in the proper manner or is withdrawn from public transportation services, the Subrecjpient shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this MGA and PGA upon determination by the State that said property has not been fully or properly used upon termination of this agreement, or as otherwise allowed by applicable rules and regulations. D. All vehicles purchased under this MGA or PGA shall comply with the Motor Vehicle Safety Standards established by the US Department of Transportation and,.state law. E. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fak market value will be the value of the property immediately before the casualty or fire. F. The Subrecipient shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. ARTICLE 10. COORDINATION According to Title 43 of the Texas Administrative Code §31.49, the Subrecipient will at all times coordinate the provision of public transportation services with other transportation operators. both public and private, in the area. The Subrecipient will furnish the State copies of any agreement resulting from such coordination. Agreements that authorize the payment of project funds to another entity are subject to the approval requirements described in Article 5, Subcontracts. ARTICLE 11. LABOR PROTECTION PROVISIONS If applicable, the Subrecipient shall comply with the labor protection provisions as listed below. The Subrecipient agrees that the following terms and conditions shall apply for the protection of employees in the mass passenger transportation industry in the area of the project: A. The project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within the service area of the project. B. All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees already retired) shall be preserved and continued. c. The Subrecipient shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the project. D. In the event an employee is terminated or laid off as a result of the project, he or she shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training is required by such employment or reemployment, the Subrecipient shall provide or provide for such training or retraining at no cost to the employee. E. Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and benefits as specified in the employee protective arrangement certified by the Secretary of labor under Section 405(b) of the Rail Passenger «name» umga» 5 of 34 . . . Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as used herein shall include events occurring in anticipation of, during, and subsequent to the project. F. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the Subrecipient, the employees and/or their representatives may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions. G. The Subrecipient agrees that any controversy respecting the project's effects upon employees, the interpretation or application of these conditions and the disposition of any claim arising hereunder may be submitted by any party to the dispute including the employees or their representative for determination by the Secretary of Labor. whose decision shall be final. H. The Subrecipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for in the preceding paragraph. ' I. The Subrecipient will post, in a prominent and accessible place. a notice stating that the Subrecipient is a recipient of federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). The notice shall also specify the terms and conditions set forth herein for the protection of employees. ARTICLE 12. MONITORING A. The State will monitor the progress of the project authorized in this agreement using appropriate and necessary inspections, including but not limited to periodic reports, physical inspection of project facilities, telephone conversations, letters, and conferences. B. The State shall monitor and conduct fiscal and/or program audits of the Subrecipient and its contractors to verify the extent of services provided under the terms of the MGA and PGA. Representatives of the state or federal government shall have access to project facilities and records at all reasonable times. C. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee. to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 13. REPORTS A. The Subrecipient shall submit written or electronic reports at intervals and in a format prescribed by the State. 1. Quarterlv ODeratina Reoort - No later than thirty (30) calendar days after the end of the quarter, for which the report is made, the Subrecipient shall submit an activity report to the State. At a minimum, the quarterly operating report will include the number of vehicles in operation; total unlinked passenger trips; total miles traveled; total expenses, including administrative and operating expenses; revenue, including fares and donations, operating expense per vehicle revenue mile; operating expense per unlinked passenger trip; and number of unlinked passenger trips per revenue mile traveled. The State may require more frequent operating reports for reasons of its own, or if the Subrecipient does not provide the reports in a timely manner or if the reports indicate unfavorable trends. «name» «mga» 6 of 34 . . . ---------~ -~--~..- 2. Status of Procurements - If the grant includes the purchase of vehicles or other capital equipment, the Subrecipient shall submit a quarterly report consisting of a brief narrative including but not limited to procurement milestones, including date of purchase order, vendor name and location, and estimated delivery date. 3. Status of Construction - If the grant includes construction, the Subrecipient shall submit quarterly narrative reports which include but are not limited to the progress of construction. B. Regardless of the type of assistance included in the grant, the Subrecipient shall promptly advise the State in writing if at any time the progress of the project will be negatively or positively impacted, including: 1. Problems, delays or adverse conditions that will materially affect the Subrecipient's ability to attain program objectives, prevent the meeting of time schedules and goats, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, by the Subrecipient and any State assistance needed to resolve the situation. 2. Favorable developments or events that will enable the Subrecipient to meet time schedules and goals sooner than anticipated or produce more work units than originally projected. c. Every two (2) years, or more frequently when instructed by the State, the Subrecipient shall conduct a physical inventory of grant-supported property as set forth in Article 9. Equipment Management, and furnish the State a copy of the inventory. D. The Subrecipient shall maintain written maintenance records for each grant-supported vehicle, and shall make such records available to the State upon request. ARTICLE 14. DISPUTES AND REMEDIES A. The Subrecipient shalf be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of the grant. B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement issue shall be submitted for resolution by informal mediation, in accordance with the requirements of the Governmental Dispute Resolution Act, Chapter 2009, Government Code, unless the subject matter applies under Title 43, Texas Administrative Code §9.2. C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. Either the State or the Subrecipient may terminate the MGA and/or any PGA by givjng thirty (30) days' notice in writing one to the other for reasons of its own and not subject to the approval of the other party. In the event of termination for convenience, neither the State nor the Subrecipient shall be subject to additional liability except as otherwise provided in this agreement. B. If both parties to this MGA agree that the continuation of a PGA would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the PGA is warranted, a new PGA must be developed and executed by all parties. c. The State may terminate this MGA and/or PGA at any time before the date of completion whenever it is determined that the Subrecipient has failed to comply with the conditions of the MGA or PGA. Additionally, if the State notifies the Subrecipient of a major deficiency and the Subrecipient does not respond in the manner required by the State, the State will immediately terminate the MGA and/or PGAs, and direct the disposition of equipment purchased with grant funds, or both. D. Upon termination of this MGA and/or PGA, whether for cause or at the convenience of the parties hereto. title to all property and equipment remains with the Subrecipient subject to the obligations «name. «mgan 7 of 34 . . . and conditions set forth in this MGA or PGA and 49 C.F.R. § 18.31 and § 18.32, unless the state or federal funding agency issue disposition instructions to the contrary. E. In the event of termination, the State may compensate the Subrecipient for those eligible expenses incurred during the grant periods that are directly attributable to the completed portion of the grant covered by the PGA, provided that the grant has been completed in accordance with the terms of the MGA and PGA. The Subrecipient shall not incur new obligations for the terminated portion after the effective date of termination. F. Except with respect to defaults of subcontractors, the Subrecipient shall not be in default by reason of any failure in performance of this MGA or PGA in accordance with its terms (including any failure by the Subrecipient to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subrecipient. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. ARTICLE 16. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REQUIREMENTS REQUIREMENTS FOR PUBLIC TRANSPORTATION CONTRACTS It is the policy of the United States Department of Transportation (USDOT) and the Texas Department of Transportation (TxDOT) that Disadvantaged Business Enterprises (DB E) as defined in 49 C.F.R. Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the DBE and the TxDOT's DBE Program requirements of 49 C.F.R. Part 26 apply to this contract as follows: A. The Subrecipient and any subcontractor will strive to meet the annual DBE goal by offering DBEs. as defined in 49 C.F.R. Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontracts. DBE participation shall be reported monthly. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color. national origin or sex in the award and performance of contracts. C. These requirements shall be physically included in any subcontract. D. Failure to carry out the requirements set forth above shall constitute a material breach of this contract and may, after the notification of the State, result in termination of the contract by the TxDOT or other such remedy as the TxDOT deems appropriate. ARTICLE 17. CONTROL OF SUBSTANCE ABUSE A. The Subrecipient will certify compliance with 49 C.F.R. Parts 40,655 on or before September 1st of each year, using the certification form furnished by the State. B. Section 5307 Subrecipienfs will submit a copy of the Drug and Alcohol Management Information System (DAMIS) reports by March 15th of each year. C. Section 5311 Subrecipient's will submit required Drug and Alcohol Management Information System (DAMIS) reports on or before February 15th of each year. ARTICLE 18. PROHIBITED ACTIVITIES A. Neither the Subrecipient nor any subcontractor shall use federal or state assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. B. No member of or delegate to the Congress of the United States shall share in this MGA or PGA or benefit from it, except in the same manner as the general public. «name» «mga» 6 of 34 . . . c. No member. officer or employee of the Subrecipient during his tenure or one (1) year thereafter shaH have any interest, direct or indirect. in this MGA or PGA or the proceeds thereof. D. Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation (TxDOT) shall not accept any benefits. gifts or favors from any person doing business or who reasonably speaking may do business with the State under this MGA or PGA. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of TxDOrs Executive Director. E. Any persons doing business with or who may reasonably speaking do business with the State under this MGA or PGA may not make any offer of benefits, gifts or favors to TxDOT employees. except as mentioned above. Failure on the part of the Subrecipient to adhere to this policy may result in the termination of this MGA and PGA. F. The Subrecipient will comply with Texas Government Code. Chapter 573, by insuring that no officer. employee or member of the Subrecipient's governing board or of the Subrecipient's con1ractors or subcontractors shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. G. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two (2) years prior to the election or appointment of the officer, employee. governing body member related to such person in the prohibited degree. ARTICLE 19. OPEN MEETINGS If applicable. the Subrecipient will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meetings of governmental bodies to be open to the public. except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 20. INDEMNIFICATION A. To the extent permitted by law. the Subrecipient shall indemnify and save harmless the State from all claims and liability due to activities of its agents, employees or volunteers performed under this agreement and which result from an error, omission or negligent act of the Subrecipient or of any person employed by the Subrecipient. B. To the extent permitted by law, the Subrecipient shall also save harmless the State from any and all expenses. including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Subrecipient, its agents, employees or volunteers. C. The Subrecipient acknowledges that it is not an agent, servant or employee of the State and that it is responsible for its own acts and deeds and for those of its agents. employees or volunteers during the performance of the MGA and PGA. ARTICLE 21. COMPLIANCE WITH LAWS The Subrecipient shall comply with all federal, state and local laws, statutes. ordinances. rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this grant. including without limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, licensing laws, regulations, and the Texas Uniform Grant Management Standards. When required, the Subrecipient shall furnish the State with satisfactory proof of compliance therewith. ARTICLE 22. NONCOLLUSION The Subrecipient warrants that it has not employed or retained any company or person. other than a bona fide employee working for the firm. to solicit or secure this grant, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee. commission. «name» «mga» 9 of 34 . . . percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this grant. If the Subrecipient breaches or violates this warranty, the State shall have the right to annul this agreement without liability or. in its discretion, to deduct from the grant price or consideration, or otherwise recover, the full amount of such fee. commission, brokerage fee. gift. or contingent fee. ARTICLE 23. DEBT TO THE STATE If the comptroller is currently prohibited from issuing a warrant to Subrecipient because of a debt owed to the State, then the Subrecipient agrees that any payments owing under the contract will be applied towards the debt or delinquent taxes until the debt or delinquent taxes are paid in futl. ARTICLE 24. CIVIL RIGHTS A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended. 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and federal transit law at 49 U.S.C. § 5332, the Subrecipient agrees that it will not discriminate against any employee or applicant for employment because of race, color. creed, national origin, sex, age, or disability. In addition, the Subrecipient agrees to comply with applicable federal implementing regulations and other implementing requirements FT A may issue. 8. Eaual Emplovment Opportunitv - The following equal employment opportunity requirements apply to the underlying contract: 1. Race. Color. Creed. National Oriain. Sex - In accordance with Title VII of the Civil Rights Act. as amended, 42 U.S.C. § 2000e, and federal transit laws at 49 U.S.C. § 5332, the Subrecipient agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of labor (U.S. DOL) regulations. "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246. "Equal Employment Opportunity. II as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable federal statutes. executive orders. regulations, and federal policies that may in the future affect construction activities undertaken in the course of the Project. The Subrecipient agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race. COIOf. creed. national origin. sex, or age. Such action shall include. but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. In addition. the Subrecipient agrees to comply with any implementing requirements FT A may issue. 2. AQe - In accordance with section 4 of the Age Discrimination in Employment Act of 1967. as amended, 29 U.S.C. § 623 and federal transit law at 49 U.S.C. § 5332, the Subrecipient agrees to refrain from discrimination against present and prospective employees for reason of age. In addition. the Subrecipient agrees to comply with any implementing requirements FT A may issue. 3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended. 42 U.S.C. § 12112, the Subrecipient agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission. "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition. the Subrecipient agrees to comply with any implementing requirements FTA may issue. «name» cmga» 1 0 of 34 . . . -.--.-...... ----------_._-,.._--~_.._+._---+-_.- ------.-...---- ..- --- ".-. .------.-- ~.._-- .-.-- _.~ ------. -.--.---- C. The Subrecipient also agrees to include these requirements in each subcontract financed in whole or in part with federal assistance provided by FT A. modified only if necessary to identify the affected parties. ARTICLE 25. NONDISCRIMINATION ON THE BASIS OF DISABILITY The Subrecipient agrees that no otherwise qualified person with disability(s) shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Subrecipient shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and the Americans with Disabilities Act. ARTICLE 26. PROGRAM INCOME A. Except for income from royalties and proceeds from the sale of real property or equipment, the Subrecipient shall retain program income and apply such income to allowable capital or operating expenses. If federally funded, Program Income from royalties and proceeds from sale of real property or equipment shall be handled as specified in Attachment A - Federal Provisions. B. The Subrecipient shall comply with standards governing the receipt and application of program income as set forth in 49 C.F.R. §18.25, Program Income. Program income means gross income received by the Subrecipient directly generated by a grant supported activity, or earned only as a result of this MGA or PGA during the time period specified in Article 1, Grant Time Period. C. Program income includes income from fees for services performed, from the use or rental of reat or personal property acquired with grant funds, from the sale of commodities or items fabricated under a MGA or PGA, and from payments of principal and interest on loans made with grant funds. Except as otherwise provided in federal regulations, program income does not include interest on grant funds, rebates. credits discounts. refunds, etc. and interest earned on any of them.. ARTICLE 27. SUCCESSORS AND ASSIGNS The Subrecipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Subrecipient shall not sign I sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 28. LEGAL CONSTRUCTION In case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity. illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 29. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 30. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR CONTRACTS A. Sians - The Subrecipient shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the U. S Department of Transportation identifying the project and indicating that the Government is participating in the development of the project. B. Hazardous Materials - The Subrecipient will conduct an inspection of the building for hazardous «name» «mgalt 11 of 34 . . . materials; asbestos and lead-based paint. Removal and disposal will be in accordance with local, state and federal regulations, prior to the initiation of construction. ARTICLE 31. CHILD SUPPORT STATEMENT The For-Profit Subrecipient certifies that it has a child support statement on file with the Office of General Counsel- Contract Services Section (OGC-CSS) of the Texas Department of Transportation. The Subrecipient is responsible for keeping the child support statement current and on file with that office for the duration of the contract period. The Subrecipient further certifies that the child support statement on file contains the child support information for the individuals or business entities named in this contract. Under Section 231.0061 Family Code, the Subrecipient certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. ARTICLE 32. INCORPORATION OF PROVISIONS. Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 33. SIGNATORY WARRANTY The undersigned signatory for the Subrecipient hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on beha(f of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS NORTH EAST TRANSPORTATION SERVICE (NETS) Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders. established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: By: Signature of Authorized Officer Typed. Printed or Stamped Name Typed I Printed or Stamped Name Title: Title: Public Transportation Division Date: Date: List of Attachments to MGA A - Federal Provisions «name. «mga. 12 of 34 . . . -- .--.-------.-..-----------. --- ATTACHMENT A FEDERAL PROVISIONS TABLE OF CONTENTS Section 1. Project Implementation A. General Requirements. B. U.S. DOT Administrative Requirements. C. Application of Federal, State, and Local Laws and Regulations. D. Significant Participation by a Third Party Contractor. E. Subrecipient's Responsibility to Extend Federal Requirements to Other Entities. F. No State or Federal Government Obligations to Third Parties. G. Changes in Project Performance (i.e.. Disputes. Breaches. Defaults or Litigation). H. Incorporation of Federal Transit Administration (FT A) Terms I. State and Local Law Disclaimer J. Federal Changes Section 2. Ethics A. Debarment and Suspension. B. Lobbying Restrictions. C. False or Fraudulent Statements or Claims. Section 3. Accounting Records A. Project Accounts. B. Documentation of Project Costs and Program Income. Section 4. Reporting. Record Retention, and Access A. Record Retention. B. Access to Records. C. Project Close-out. Section 5. Costs Reimbursed Section 6. Civil Rights A. Nondiscrimination. B. Equal Employment Opportunity. C. Requirements. Section 7. Bus Requirements A. Charter Service Operations B. School Bus Operations Section 8. Procurement A. Federal Standards. B. Buy America. C. Exclusionary or Discriminatory Specifications. D. Bus Seat Specifications. E. Clean Air and Clean Water. F. Preference for Recycled Products. G. Architectural. Engineering. Design. or Related Services. H. Award to Other than the Lowest Bidder. I. Rolling Stock. J. Bonding. K. National Intelligent Transportation Systems Architecture and Standards. «name» «mga» 13 of 34 -..... --------- . ----~ . . L. Fly America Requirements. M. Cargo Preference. Section 9. Leases A. Capital Leases. B. Leases Involving Certificates of Participation. C. Cross-Border Leases. Section 10. Patent Rights A. General. B. Federal Rights. Section 11. Rights in Data and Copyrights A. Definition. S. State and Federal Restrictions. C. Federal Rights in Data and Copyrights. D. Special Rights in Data for Research, Development, Demonstration, and Special Studies (Planning) Projects. E. Hold Harmless. F. Restrictions on Access to Patent Rights. G. Statutory Requirements to Release Oata. Section 12. Use of Real Property, Equipment, and Supplies A. Use of Property. B. General Federal Requirements. C. 5310 Program. D. Maintenance. E. Records. F. Encumbrance of Project Property. G. Transfer of Project Property. H. Disposition of Project Property. I. Misused or Damaged Project Property. J. Obligations After Project Close-out. Section 13. Insurance A. Minimum Requirements. B. Flood Hazards. Section 14. Relocation A. Relocation Protections. B. Nondiscrimination in Housing. Section 15. Real Property A. Land Acquisition. B. Covenant Assuring Nondiscrimination. C. Recording Title of Real Property. D. FTA Approval of Changes in Real Property Ownership. Section 16. Construction A. Drafting, Review, and Approval of Construction Plans and Specifications. B. Supervision of Construction. C. Construction Reports. D. Project Management for Major Capital Projects. E. Seismic Safety. «name» «mga» 14 of 34 . . . Section 17. Employee Protections A. Construction Activities. B. Activities Not Involving Construction. C. State and Local Government Employees. D. Transit Employee Protective Arrangements. Section 18. Environmental Requirements A. Use of Public Lands. B. Coastal Zone Management. C. Environmental Justice. Section 19. Energy Conservation Section 20. State Management and Monitoring Systems Section 21. Privacy Act Section 22. Not Applicable Section 23. Metric System Section 24. Substance Abuse A. Drug Abuse. B. Alcohol Abuse. Section 25. State Safety Oversight of Rail Fixed Guideway Public Systems Section 26. Seat Belt Use Section 27. Special Requirements for Urbanized Area Formula Projects A. Fares and Services. B. Audit Requirements. C. Half-Fare Requirements. D. Procurement of an Associated Capital Maintenance Product. E. Transit Security. F. Restrictions on the Use of Formula Assistance for Operations. G. Reporting Requirements. H. Criminal Sanctions. Section 28. Not Applicable Section 29. Special Requirements for Job Access and Reverse Commute Grant Projects A. General Requirements. B. Restrictions on the Use of Grant Funds. Section 30. Special Requirements for Over-the-Road Bus Accessibility Projects A. General Requirements. B. Special Requirements. C. FTA Notice. Section 31. Disputes, Breaches, Defaults, or Other Litigation A. Notification. B. Federal Interest in Recovery. C. Enforcement. D. State and FT A Concurrence. E. Termination for Convenience. «name» «mga» 15 of 34 . . . FEDERAL GENERAL TERMS AND CONDITIONS FOR PUBLIC TRANSPORTATION PROJECTS This document contains standard terms and conditions governing the administration of a public transportation project supported with federal assistance through the Texas Department of Transportation ("State"). The State and the SubrecipienUSubgrantee ("Subrecipientll) understand and agree that not every provision of this document will apply to every Subrecipient or every project depending upon the nature of the Project and the section of the statute authorizing the financial assistance. Thus, in consideration of the mutual covenants, promises, and representations herein, the State and the Subrecipient agree as follows: Section 1. Project Implementation A. General requirements. 1. Effective Date. The effective date of this agreement is the date of final execution by both parties. The Subrecipient agrees to begin the Project in a timely manner. 2. Subrecipient's Capacity. The Subrecipient agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to plan, manage, and complete the Project, and provide for the use of Project facilities and equipment, to comply with the terms of the agreement, and all applicable federal laws, executive orders, regulations, directives, and published policies governing this Project. 3. Completion Dates. The Subrecipient agrees to complete the Project in a timely manner. B. U.S. DOT Administrative Requirements. The Subrecipient acknowledges that federal administrative requirements differ based on the type of entity receiving federal assistance: 1. A Subrecipient that is a State, a local government, or an Indian tribal government agrees to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,'· 49 C.F.R. Part 18. 2. A Subrecipient that is an institution of higher education or a nonprofit organization agrees to comply with U.S. DOT regulations. "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," 49 C.F.R. Part 19. C. Application of Federal, State, and Local Laws and Regulations. The Subrecipient acknowledges that federal laws, regulations, policies, and related administrative practices applicable to the Project may be modified from time to time. The Subrecipient agrees that the most recent of such federal requirements will govern the administration of the Project at any particular time, unless FT A issues a written determination otherwise. The Subrecipient agrees to include notice in each agreement with any third party contractor participating in the Project that state or federal requirements may change and the changed requirements will apply to the Project as required, unless the state or federal government determines otherwise. D. Significant Participation by a Third Party Contractor. Although the Subrecipient may enter into a third party contract in which the third party contractor agrees to provide property or services in support of the Project, or even carry out Project activities normally performed by the Subrecipient, the Subrecipient continues to remain responsible to the Federal Transportation Administration (FT A) for compliance with federal requirements. E. Subrecipient's Responsibility to Extend Federal Requirements to Other Entities. «name» «mga» 16 of 34 . -- ..- ----.-.---- . 1. Entities Affected. The Subrecipient agrees to take appropriate measures necessary to ensure any third party contractors comply with applicable federal requirements. 2. Documents Affected. The Subrecipient agrees to require its third party contractors to include adequate provisions to ensure compliance with applicable federal requirements in each lower tier subcontract and subagreement financed in whole or in part with financial assistance. F. No State or Federal Government Obligations to Third Parties. The Subrecipient agrees that. absent the state or federal government's express written consent, the state or federal government shall not be subject to any obligations or liabilities to any Subrecipient or any third party contractor, or any other person. G. Changes in Project Performance (i.e., Disputes. Breaches, Defaults or Litigation). The Subrecipient agrees to notify the State immediately of any change in conditions (such as its legal, financial, or technical capacity), or any other event that may significantly affect the Subrecipient's ability to" perform the Project. H. Incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include. in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT. as set forth in FT A Circular 4220. 1 D. dated April 15, 1996 and as amended August 4, 1998, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FT A mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause anyone to be in violation of the FT A terms and conditions. I. State and Local Law Disclaimer. The wording in the suggested clauses in the FTA Best Practices Procurement Manual is not governed by federal law, but is significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the subrecipient's procurement documents, the subrecipient's should consult with its local attorney. J. Federal Changes. Subrecipient shall at all times comply with all applicable FT A regulations, policies, procedure and directives, as they may be amended or promulgated from time to time during the term of any contract related to this solicitation. Subrecipient's failure to so comply may constitute a material breach of the underlying contract. Section 2. Ethics A. Debarment and Suspension. The Subrecipient agrees to comply. and assures the compliance of any third party contractor, with Executive Order Numbers 12549 and 12689, "Debarment and Suspension." 31 U.S.C. §6101 note, and U.S. DOT regulations, "Government wide Debarment and Suspension (Nonprocurement)," within 49 C.F.R. Part 29. B. Lobbying Restrictions. The Subrecipient agrees to: 1. Refrain from using federal assistance funds to support lobbying, 2. Comply, and assure the compliance of each third party contractor at any tier with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. §1352. 3. Comply with federal statutory provisions to the extent applicable prohibiting the use of federal assistance funds for activities designed to influence Congress or a «name. «mga» 17 of 34 . . . . . -_.--- ----------------.--- .-- - ,. . ------ ----------- State legislature on legislation or appropriations, except through proper, official channels. 4. Sign the Lobbying Certification attached. C. False or Fraudulent Statements or Claims. The Subrecipient acknowledges and agrees that: 1. The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its activities in connection with the Project. Accordingly, by executing the agreement, the Subrecipient certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project covered by the agreement. In addition to other penalties that may apply, the Subrecipient also acknowledges that if it makes a false. fictitious, or fraudulent claim, statement, submission, or certification to the state or federal government, the federal government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, to the extent the federal government deems appropriate. 2. If the Subrecipient makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the State in connection with an urbanized area formula project financed with federal assistance authorized for 49 U.S.C. §5307, the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1), to the extent the federal government deems appropriate. Section 3. Accounting Records A. Project Accounts. The Subrecipient agrees to establish and maintain for the Project either a separate set of accounts, or separate accounts within the framework of an established accounting system, that can be identified with the Project. The Subrecipient agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project shall be clearly identified, readily accessible and available to FTA upon its request, and, to the extent feasible, kept separate from documents not related to the Project. B. Documentation of Project Costs and Program Income. The Subrecipient agrees to support aU costs charged to the Project, including any approved services contributed by the Subrecipient or others. with properly executed payrolls. time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Subrecipient also agrees to maintain accurate records of all program income derived from implementing the Project. except certain income determined by FT A to be exempt from the general federal program income requirements. Section 4. Reporting, Record Retention, and Access A. Record Retention. The Subrecipient agrees to maintain intact and readily accessible alJ data, documents, reports, records, contracts, and supporting materials relating to the Project as the State or the federal government may require during the course of the Project and for four years thereafter. B. Access to Records. Upon request, the Subrecipient agrees to permit and require its Subrecipients to permit the U.S. Secretary of Transportation, the Comptroller General of the United States, and the State, or their authorized representatives, to inspect aU Project work, materials, payrolls, and other data, and to audit the books, records, and accounts pertaining to the Project. C. Project Close-out. Project close-out does not alter the reporting and record retention requirements of this Agreement. «name» cmga» 18 of 34 . . . Section 5. Costs Reimbursed The Subrecipient understands and agrees that Project costs eligible for participation must comply with all the following requirements: 1. Conform with the Approved Project Description, the Project Budget. and all other terms of the agreement; 2. Are necessary in order to accomplish the Project; 3. Are reasonable for the goods or services purchased; 4. Are actual net costs to the Subrecipient (i.e.. the price paid minus any refunds, rebates, or other items of value received by the Subrecipient that have the effect of reducing the cost actually incurred, excluding program income); 5. Are incurred within the agreement time period; 6. Are satisfactorily documented; 7. Are treated consistently in accordance with accounting principles and procedures approved by the State; 8. Are eligible under state and federal law, regulation, rule. or guidelines for participation; and 9. Unless permitted otherwise by federal statute or regulation, comply with the: (1) U.S. Office of Management and Budget (OMS) Circular A-a7. Revised, "Cost Principles for State and Local Governments" if the Subrecipient is a local government or an Indian tribal government; (2) OMS Circular A-21, Revised, "Cost Principles for Educational Institutions" if the Subrecipient is an institution of higher education; (3) OM8 Circular A-122, Revised. "Cost Principles for Non- Profit Organizations" if the Subrecipient is a private nonprofit organization; or (4) Federal Acquisition Regulation, 48 C.F.R. Chapter I. Subpart 31.2, "Contracts with Commercial Organizations" if the Subrecipient is a for-profit organization. Additionally, the Subrecipient shall comply with the requirements of the Single Audit Act of 1984. P.L. 98-502. ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. Section 6. Civil Rights The Subrecipient agrees to comply with all applicable civil rights statutes and implementing regulations including. but not limited to, the following: (A) Nondiscrimination - In accordance with Title VI of the Civil Rights Act. as amended. 42 U.S.C. § 2000d. section 303 of the Age Discrimination Act of 1975, as amended. 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and federal transit law at 49 U.S.C.§ 5332, the Subrecipient agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition. the Subrecipient agrees to comply with applicable federal implementing regulations and other implementing requirements FT A may issue. (8) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (1) Race. Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended. 42 U.S.C. § 2000e. and federal transit laws at 49 U.S.C. § 5332. the Subrecipient agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246. "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 «name» cmga» 19 of 34 . . . U.S.c. § 2000e note), and with any applicable federal statutes. executive orders. regulations, and federal policies that may in the future affect construction activities undertaken in the course of the Project. The Subrecipient agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment. without regard to their race, color. creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment. upgrading, demotion or transfer. recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training I including apprenticeship. In addition, the Subrecipient agrees to comply with any implementing requirements FT A may issue. (2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and federal transit law at 49 U.S.C. § 5332. the Subrecipient agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Subrecipient agrees to comply with any implementing requirements FT A may issue. (3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112. the Subrecipient agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission. "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act." 29 C.F.R. Part 1630. pertaining to employment of persons with disabilities. In addition. the Subrecipient agrees to comply with any implementing requirements FTA may issue. (C) Requirements. The Subrecipient a(so agrees to include these requirements in each subcontract financed in whole or in part with federal assistance provided by FT A. modified only if necessary to identify the affected parties. Section 7. Bus Requirements The Subrecipient agrees to comply with the following: A. Charter Service Operations. The Subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FT A assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," Le.. it must not intertere with or detract from the provision of mass transportation. B. School Bus Operations. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 60S. recipients and subrecipients of FT A assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption. recipients and subrecipients may not use federally funded equipment. vehicles. or facilities. Section 8. Procurement To the extent applicable. the Subrecipient agrees to comply with the following third party procurement requirements: A. Federal Standards. The Subrecipient agrees to comply with FT A Circular 4220. 1 D. "Third Party Contracting Requirements," including any revision or replacement thereof, and applicable federal regulations or requirements, including FT A third party contracting regulations when promulgated. The FTA Best Practices Procurement Manual provides additional procurement guidance. Nevertheless. be aware that the FT A Best Practices «name» «mga» 20 of 34 . . . Procurement Manual is focused on procurement processes and may omit certain federal requirements applicable to the work to be performed. B. Buy America. The Subrecipient agrees to comply with 49 U.S.C. § 53230) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron, and manufactured products used in FT A-funded projects are produced in the United States, unless a waiver has been granted by FT A or the product is subject to a general waiver. General waivers are listed in 49 CFR § 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currenUy less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at § 5323(j)(2)(C) and 49 CFR § 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FT A recipient the appropriate Buy America certification with all bids on FT A-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. C. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by federal statute or regulations, the Subrecipient agrees to comply with the requirements of 49 U.S.C. §5323(h)(2) by refraining from using any federal assistance awarded by FT A to support procurements using exclusionary or discriminatory specifications. D. Bus Seat Specifications. The Subrecipient may use specifications conforming with the requirements of 49 U.S.C. §5323(e) to acquire bus seats. E. Clean Air and Clean Water. The Subrecipient agrees to include in third party contracts exceeding $100,000 adequate provisions to ensure that Project participants report the use of facilities placed or likely to be placed on EPA's "List of Violating Facilities," refrain from using violating facilities, report violations to FT A and the Regional EPA Office, and comply with the inspection and other applicable requirements of: 1. Section 114 of the Clean Air Act, as amended, 42 U.S.C. §7414, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.; and 2. Section 308 of the federal Water Pollution Control Act. as amended, 33 U.S.C. § 1318, and other provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. F. Preference for Recycled Products. To the extent applicable, the Subrecipient agrees to comply with U.S. Environmental Protection Agency (U.S. EPA) "Comprehensive Procurement Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962, and otherwise provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. G. Architectural, Engineering, Design. or Related Services. When procuring architectural, engineering, or related services, the Subrecipient agrees to comply with the provisions of 49 U.S.C. §5325(b), either by negotiating for those services in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. §541 et seq., or by using an equivalent qualifications-based requirement of the State. When, awarding contracts for architectural, engineering, or related services, the Subrecipient agrees to accept undisputed audits conducted by other governmental agencies, in «name» «mga. 21 of 34 · · · accordance with 23 U.S.C. §112(b)(2) (C) through (F). To the extent the Subrecipient qualifies for an exception in accordance with 49 U.S.C. §5325(b). however. this subsection does not apply. H. Award to Other than the Lowest Bidder. In accordance with 49 U.S.C. §5325(c), a Subrecipient may award a third party contract to a party other than the lowest bidder, when such an award furthers objectives consistent with the purposes of 49 U.S.C. Chapter 53 and any implementing regulations. directives. circulars. manuals, or other guidance FT A may issue and is consistent with state law. I. Rolling Stock. In acquiring roUing stock. the Subrecipient agrees as follows: 1. Method of Acquisition. The Subrecipient may award a third party contract for rolling stock based on initial capital costs, performance, standardization, life cycle costs, and other factors. or based on a competitive procurement process, in accordance with 49 U.S.C. §5326(c). 2. Multi-year Options. In accordance with 49 U.S.C. §5326(b)(1}. a Subrecipient may procure rolling stock using financial assistance appropriated for 49 U.S.C. Chapter 53 using a contract with an option, not to exceed 5 years after the date of the original contract. to purchase additional rolling stock or replacement. 3. Pre-Award and Post-Delivery Requirements. The Subrecipjent agrees to comply with the requirements of 49 U.S.C. §5323(m) and FT A regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision thereto. 4. Bus Testing. To the extent applicable. the Subrecipient agrees to comply with the requirements of 49 U.S.C. §5323(c) and FTA regulations. "Bus Testing," 49 C.F .R. Part 665, and any revision thereto. J. Bonding. To the extent applicable. the recipient agrees to comply with the following bonding requirements. 1. Construction Activities. The Subrecipient agrees to provide bid guarantee, contract performance. and payment bonding to the extent deemed adequate by FT A and applicable federal regulations. and comply with any other bonding requirements FT A may issue. 2. Other Activities. The Subrecipient agrees to comply with any other bonding requirements or restrictions FT A may impose. K. National Intelligent Transportation Systems Architecture and Standards. The Subrecipient agrees to conform, to the extent appJicable. to the National Intelligent Transportation Standards architecture in compliance with section 5206(e) of TEA-21 , 23 U.S.C. §502 note, and with FHWAJFTA's ''Transportation Equity Act for the 21st Century; the Interim Guidance on Conformity with the National Intelligent Transportation Systems (ITS) Architecture and Standards." 63 Fed. Reg. 70443 et seq.. December 21,1998, and other subsequent federal directives that may be issued. L. Fly America Requirements. The Subrecipient agrees to comply with 49 U.S.C. § 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10. which provide that recipients and subrecipients of federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property. to the extent such service is available, unle~s travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Subrecipient shall submit. if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not avaiiable or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Subrecipient agrees to include the «name» «mga» 22 of 34 . . . requirements of this section in all subcontracts that may involve international air transportation. M. Cargo Preference. Use of United States-Flag Vessels - The Subrecipient agrees: 1. to use privately owned United States-Flag commercial vessels to ship at teast 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or com modities pursuant to the underlying contract to the extent such vessels are avaifable at fair and reasonable rates for United States-Flag commercial vessels; 2. to furnish within 20 working days foHowing the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, lion-board" commercial ocean bill-at-lading in English tor each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FT A recipient (through the Subrecipient in the case of a subcontractor's bill-of -lading.) 3. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment. material, or commodities by ocean vessel. Section 9. Leases A. Capital Leases. To the extent applicable, the Subrecipient agrees to comply with FT A regulations. "CapitaJ Leases," 49 C.F.R. Part 639. and any revision thereto. B. leases Involving Certificates of Participation. The Subrecipient agrees to obtain FTA concurrence before entering into a leasing arrangement involving the issuance of certificates of participation in connection with the acquisition of any capital asset. C. Cross-Border Leases. To the extent applicable, the Subrecipient agrees to comply with FT A Circular 7020.1. "Cross-Border Leasing Guidelines," April 26. 1990. in connection with the acquisition of capital assets involving a cross-border lease. Section 10. Patent Rights A. General. If any invention. improvement. or discovery of the Subrecipient or any of its third party contractors is conceived or first actually reduced to practice in the course of or under the Project, and that invention. improvement. or discovery is patentable under the laws of the United States of America or any foreign country, the Subrecipient agrees to notify FT A immediately and provide a detailed report. B. Federal Rights. The Subrecipient agrees that its rights and responsibilities. and those of each third party contractor at any tier pertaining to that invention. improvement. or discovery will be determined in accordance with applicable state and federal laws, regulations, including any waiver thereof. Absent a determination in writing to the contrary by the state and federal govemme-nt. the Subrecipient agrees to transmit to the State and FT A those rights due the state and federal government in any invention. improvement. or discovery resulting from that third party contract as specified in U.S. Department of Commerce regulations. "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants. Contracts and Cooperative Agreements," 37 C.F.R. Part 401 (implementing the Presidential Memorandum [Statement] on Government Patent Policy to the Heads of Executive Departments and Agencies, dated February 18, 1983, 19 Weekly Camp. Pres. Doc. 252- 253, Feb. 28, 1983). irrespective of the status of the Recipient, any Subrecipient. or any third party contractor at any tier (Le., a large business. small business. State government «name» «mga» 23 of 34 . . . -------- --._---- ------.------ or State instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.). Section 11. Rights in Data and Copyrights A. Definition. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the agreement. Examples incJude, but are not limited to: computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" used in this section does not include financial reports, cost analyses, or similar information used for Project administration. B. State and Federal Restrictions. Except for its own internal use, the Subrecipient may not publish or reproduce subject data in whole or in part, or in any manner or form. nor may the Subrecipient authorize others to do so, without the written consent of the state and federal government, until such time as the state and federal government may have either released or approved the release of such data to the public unless the Subrecipient is an institution of higher learning. C. Federal Rights in Data and Copyrights. The Subrecipient agrees to provide to the state and federal government a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for state and federal government purposes the "subject data. II As used in the previous sentence, "for state and federal government purposes," means use only for the direct purposes of the state and federal government. Without the copyright owner's consent, the state and federal government may not extend to other parties the state or federal government's license to: 1. Any subject data developed under the agreement or under a third party contract financed by the agreement, whether or not a copyright has been obtained; and 2. Any rights of copyright to which a Subrecipient or a third party contractor purchases ownership with federal assistance. D. Special Rights in Data for Research, Development, Demonstration, and Special Studies (Planning) Projects. FT A's and the State's purpose in providing financial assistance for a special studies (planning), research, development, or demonstration Project, is to increase transportation knowledge, rather than limit the benefits of the Project to participants in the Project. Therefore, unless FT A and the State determine otherwise, the Subrecipient of financial assistance to support a research, development, demonstration, or a special studies (planning) Project agrees that, in addition to the rights in data and copyrights of this agreement, FT A and the State may make available to any FT A recipient, Subrecipient, third party contractor, or third party subcontractor, either FT A's or the State's license in the copyright to the subject data or a copy of the subject data. If the Project is not completed for any reason whatsoever. all data developed under that Project shall become subject data and shall be delivered as the FT A and the State may direct. This Subsection does not apply to adaptations of automatic data processing equipment or programs for the Subrecipient's use whose costs are financed with federal funds for capital Projects. E. Hold Harmless. Except as prohibited or otherwise limited by law, the Subrecipient agrees to indemnify, save, and hold harmless the sate and the federal government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Subrecipient of proprietary rights, copyrights. or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. ¡(name» t(mga» 24 of 34 . . . F. Restrictions on Access to Patent Rights. Nothing in this section shall imply a license to the state and the federal government under any patent or be construed to affect the scope of any license or other right otherwise granted to the federal government under any patent. G. Statutory Requirements to Release Data. The Subrecipient understands and agrees that data and information submitted may be required to be made available for dissemination under the Texas Public Information (Government Code, Chapter 552) or Freedom of Information Act, or other federal statute{s) in accordance with implementation instructions contained in 49 C.F.R. §19.36. revised March. 2000, to the extent applicable, and any subsequent applicable state or federal requirements that may be promulgated. Section 12. Use of Real Property, Equipment, and Supplies Unless otherwise approved by FT A. the Subrecipient agrees to comply with the fallowing requirements with respect to real property, equipment, and supplies: A. Use of Property. The Subrecipient agrees to use Project real property, equipment, and supplies for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the award period used to support transit activities) for the duration of the useful life of that property. as required by FT A. Should the Subrecipient unreasonably delay or fail to use Project property during the useful life of that property, the Subrecipient agrees that it may be required to return the entire amount of the federal assistance expended on that property. The Subrecipient further agrees to notify FT A immediately when any Project property is withdrawn from Project use or when Project property is used in a manner substantially different from the representations made in the Application or the Project Description for the Grant Agreement. B. General Federal Requirements. A Subrecipient that is a State, a local government, or an Indian tribal government agrees to comply with property management standards of 49 C.F.R. §18.31 through 18.34. including any amendments thereto, and other applicable guidelines or regulations the federal government may issue. A Subrecipient that is an institution of higher education. or a private nonprofit organization. agrees to comply with 49 C.F.R. §19.30 through 19.37. including any amendments thereto. and other applicable guidelines or regulations the federal government may issue. Any exception to the requirements of 49 C.F.R. §18.31 through 18.34. and to 49 C.F.R. §19.30 through 19.37. requires the express approval of the state and federal government. A Subrecipient that is a for-profit organization agrees to comply with property management standards satisfactory to FT A. Nevertheless. FT A has established specific reimbursement requirements for premature dispositions of certain Project equipment (i.e., when Project equipment is withdrawn from appropriate use before the expiratjon of the equipment's useful life established by FTA). C. 5310 Program. The Subrecipient. where practical, shall make available the vehicle purchased under this program to provide transportation to other elderly persons and persons with disabilities beyond the Subrecipient's own clients when not being used for grant-related purposes. According to FT A C 9070.1 E, the RecipienUSubrecipient shall also provide transportation to the general public on an incidental basis if such service does not interfere with transportation services for the general elderly and disabled public. O. Maintenance. The Subrecipient agrees to maintain Project real property and equipment in good operating order, in compliance with any guidelines, directives, or regulations the State or FTA may issue. «name)) «mga» 25 of 34 . . . E. Records. The Subrecipient agrees to keep satisfactory records regarding the use of Project real property, equipment, and supplies, and submit to the FT A upon request such information as may be required to assure compliance. F. Encumbrance of Project Property. The Subrecipient agrees to maintain satisfactory continuing control of Project real property or equipment. Thus, absent written authorization by FT A permitting otherwise: 1. Written Transactions. The Subrecipient agrees to refrain from executing any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, grant anticipation note, alienation, or any other obligation that in any way would affect the federal or state interest in any Project real property or equipment. 2. Oral Transactions. The Subrecipient agrees to refrain from obligating itself in any manner to any third party with respect to Project real property or equipment. 3. Other Actions. The Subrecipient agrees to refrain from taking any action that would either adversely affect the federal or state interest or impair the Recipient's continuing control of the use of Project real property or equipment. G. Transfer of Project Property. The Subrecipient understands and agrees as follows: 1. Subrecipient Request. The Subrecipient may transfer assets financed with federal assistance authorized for 49 U.S.C. chapter 53 to a public body to be used for any public purpose with no further obligation to the federal government. provided the transfer is approved by the State and Federal Transit Administrator and conforms with the requirements of 49 U.S.C. §5334(g)(1) and (2). 2. Direction. The Subrecipient agrees that the State may direct the disposition of. and even require the Subrecipient to transfer tit1e to, any real property, equipment, or supplies financed with federal assistance. 3. Leasing Project Property to Another Party. If the Subrecipient leases any Project asset to another party. the Subrecipient agrees to retain ownership of the leased asset. and assure that the lessee will use the Project asset appropriately, either through a "Lease and Supervisory Agreement" between the Subrecipient and lessee, or another similar document. Upon request, the Subrecipient agrees to provide a copy of any relevant documents. H. Disposition of Project Property. With prior FT A and State approval, the Subrecipient may sell, transfer. or lease Project property and use the proceeds to reduce the gross project cost of other eligible capital transit projects to the extent permitted by 49 U.S.C. §5334(g)(4). Nevertheless, the Subrecipient agrees that the State may establish the useful life for Project property, and that the Subrecipient will use Project property continuously and appropriately throughout that useful life. 1. Project Property Whose Useful Life Has Expired. When the useful life of Project Property has expired, the Subrecipient agrees to comply with FT A's and the State's disposition requirements. 2. Project Property Prematurely Withdrawn from Use. For property withdrawn from appropriate use before its useful life has expired, the Subrecipient agrees as follows: a) Notification Requirement. The Subrecipient agrees to notify the State immediately when any Project real property, equipment, or supplies are prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Subrecipient agrees that the federal government retains a federal interest in the fair market value of Project property prematurely withdrawn from mass transportation use. The amount of the federal interest in the property shall be determined on the basis of the ratio of the federal «name» tcmga» 26 of 34 . . . assistance awarded by the federal government for the property to the actual cost of the Property. The Subrecipient agrees that the fair market value of property prematurely withdrawn from use will be calculated as follows: 1) Equipment and Supplies. Unless otherwise determined in writing by the State. fair market value shall be calculated by straight-line depreciation of the equipment or supplies, based on the useful life of the equipment or supplies established or approved by the state. The fair market value of equipment and supplies sha1l be the value immediately before the occurrence prompting the withdrawal of that property from use. In the case of equipment or supplies lost or damaged by fire. casualty, or natural disaster. the fair market value shall be calculated on the basis of the condition of that property immediately before the fire. casualty, or natural disaster, irrespective of the extent of insurance coverage. As authorized by 49 C.F.R. §18.32(b), the state may use its own disposition procedures. provided that those procedures comply with the state's laws. 2) Real Property. The Subrecipient agrees that the fair market value of real property shall be determined either by competent appraisal based on an appropriate date approved by the federal government. as provided by 49 C.F.R. Part 24, or by straight line depreciation, whichever is greater. 3) Exceptional Circumstances. The State reserves the right to require the use of another method of determining the fair market value of property. In unusual circumstances, the Subrecipient may request that another reasonable valuation method be used including. but not limited to, accelerated depreciation. comparable sales. or established market values. In determining whether to approve such a request, the state may consider any action taken. omission made, or unfortunate occurrence suffered by the Subrecipient with respect to the preservation or conservation of project property withdrawn from appropriate use. c) Obligations. Unless otherwise approved in writing by the State. the Subrecipient is required to remit to the state the federal interest in the fair market value of Project real property, equipment or supplies prematurely withdrawn from appropriate use. In the case of fire, casualty. or natural disaster, the Subrecipient may fulfill its responsibilities with respect to the federal interest remaining in the damaged equipment or supplies by either: 1) Investing an amount equal to the remaining federal interest in like-kind equipment or supplies that are eligible for assistance within the scope of the Project that provided financial assistance for the damaged equipment or supplies; or 2) Returning an amount equal to the remaining federal interest in the damaged property. I. Misused or Damaged Project Property. If any damage to Project real property, equipment. or supplies results from abuse or misuse of that property occurring with the Subrecipient's knowledge and consent. the Subrecipient agrees to restore that real property or equipment to its original condition or refund the value of the federal interest in the damaged property. as the State may require. J. Obligations After Project Close-out. A Subrecipient that is a state, local. or indian tribal government agrees that Project close-out will not alter its property management obligations and applicable State and federal rules and regulations and other FT A requirements or directives. Itname.. «mga» 2 7 of 34 . . . Section 13. Insurance In addition to any other insurance requirements that may apply in connection with the Project, the Subrecipient agrees as follows: A. Minimum Requirements. At a minimum, the Subrecipient agrees to comply with the insurance requirements normally imposed by the laws, regulations, and ordinances imposed by its State and local governments. For construction and/or repair contracts, the Subrecipient shall comply with insurance requirements as established in 49 C.F.R. Part 18. B. Flood Hazards. To the extent applicable, the Subrecipient agrees to comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973. 42 U.S.C. §4012a(a), with respect to any Project activity involving construction or acquisition having an insurab1e cost of $10,000 or more. Section 14. Relocation When relocation of individuals or businesses is required, the Subrecipient agrees to comply with the following requirements: A. Relocation Protections. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired for Project purposes regardless of federal participation in purchases. B. Nondiscrimination in Housing. The Subrecipient agrees to comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. and Executive Order No. 12892, "Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42 U.S.C. §3608 note, when carrying out its responsibilities to provide housing used to meet federal relocation requirements. Section 15. Real Property For Projects involving real property, the Subrecipient agrees as follows: A. Land Acquisition. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. These requirements apply to all interests in real property acquired for Project purposes regardless of federal participation in purchases. B. Covenant Assuring Nondiscrimination. The Subrecipient agrees to include a covenant in the title of the real property to assure nondiscrimination during the useful life of the Project. C. Recording Title to Real Property . To the extent required by the State and FT A, the Subrecipient agrees to record the state and federal interest in the title of real property. D. Approval of Changes in Real Property Ownership. The Subrecipient agrees that it will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the State. Section 16. Construction For activities involving construction. the Subrecipient agrees as follows: A. Drafting, Review, and Approval of Construction Plans and Specifications. To the extent required by the State, the Subrecipient agrees to comply with State requests pertaining to the drafting, review, and approval of construction plans and specifications. 4(name» «mga» 28 of 34 . . . -.--------. -------- -"-..- B. Supervision of Construction. The Subrecipient agrees to provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications. C. Construdion Reports. The Subrecipient agrees to provide progress reports and such other information as may be required by the State. D. Projed Management for Major Capital Projects. The Subrecipient agrees to comply with FTA regulations, "Project Management Oversight," 49 C.F.R. Part 633, and any revision thereto, applicable to a Major Capital Project. E. Seismic Safety. The Subrecipient agrees to comply with the U.S. DOT regulations at 49 C.F.R. Part 41, Executive Order No. 12699, "Seismic Safety of Federal and Federally- Assisted or Regulated New Building Construction," 42 U.S.C. §7704 note, pursuant to the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S. C. §7701 et seq., pertaining to seismic safety in DOT assisted construction projects (specifically, 49 C.F.R. §41.117), and with any implementing guidelines FTA may issue. Section 17. Employee Protections A. Construction Activities. The Subrecipient agrees to comply, and assures the compliance of each contractor to any tier, with the fonowing employee protection requirements for construction employees: 1. Davis-Bacon Act, as amended, 40 U.S.C. §276a - 276a(7), FT A's enabling legislation requiring compliance with the Davis-Bacon Act, at 49 U.S.C. §5333(a). and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; 2. Contract Work Hours and Safety Standards Act, as amended, particularly with the requirements of section 102 of the Act, 40 U.S.C. §327 - 332: and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; and with section 107 of the Act, 40 U.S.C. §333, and U.S. DOL regulations. "Safety and Health Regulations for Construction," 29 C.F.R. Part 1926; and 3. Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. §874 and 40 U.S.C. §276c, and U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. Part 3. B. Activities Not Involving Construction. The Subrecipient agrees to comply, and assures the compliance of contractors at any tier, with any applicable employee protection requirements for nonconstruction employees of section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §327 - 332, and U.S. DOL regu1ations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. C. State and Local Government Employees. The Subrecipient agrees that the minimum wage and overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. §206 and 207, apply to employees performing Project work involving commerce. and apply to any State or local government employees that are public transit authority employees. Thus, the Subrecipient, agrees to comply with the Fair Labor Standards Act's minimum wage and overtime requirements for employees peñorming Project work. «name. «mga. 29 of 34 . . . D. Transit Employee Protective Arrangements. If transit employee protective arrangements required by U.S. DOL apply to transit operations performed in connection with the Project. the Subrecipient agrees to comply with the applicable requirements for its Project as follows: 1. Standard Transit Employee Protective Arrangements. To the extent that the Project involves transit operations, the Subrecipient agrees to implement the Project in compliance with terms and conditions the U. S. Secretary of Labor has determined to be fair and equitable to protect the interests of any employees affected by the Project and that meet the requirements of 49 U.S.C. §5333(b), and of the U.S. DOL guidelines. "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215 and any amendments thereto. These terms and conditions are identified in U.S. DOL's certification of transit employee protective arrangements to FT A. The Subrecipient agrees to implement the Project in compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification and any documents cited therein are incorporated by reference. The requirements of this paragraph do not apply to Projects for the elderly and persons with disabilities that are authorized by 49 U.S.C, §5310(a)(2) or to Projects for nonurbanized areas that are authorized by 49 U,S_C, §5311; separate requirements for those Projects are contained in Subsections 17.0(2) and 17.0(3) of this Agreement. 2. Transit Employee Protective Arrangements for Projects for Elderly and Persons with Disabilities Authorized by 49 U.S.C. §5310(a)(2). To the extent that the U.S. Secretary of Transportation has determined or determines in the future that employee protective arrangements required by 49 U.S.C. §5333(b) are necessary or appropraate for a public body Subrecipient under the Project. the Subrecipient agrees to carry out the Project in compliance with the tern1S and conditions determined by the Secretary of Labor necessary to meet the requirements of 49 U.S.C. §5333(b), and the U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C.F.R. Part 215. and any amendments thereto. These terms and conditions are identified in U.S. DOL's certification of transit employee protective arrangements to FT A. The Subrecipient agrees to implement the Project in compliance with the conditions stated in that U.S_ DOL certification. That U.S. DOL certification and any documents cited therein are incorporated by reference and made part of this Agreement. 3. Transit Employee Protective Arrangements for Projects in Nonurbanized Areas Authorized by 49 U.S.C. §5311. The Subrecipient agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the Secretaries of Transportation and labor, dated May 31,1979, U.S. DOL implementing procedures, and any revisions thereto. Section 18. Environmental Requirements The Subrecipient recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to the Project. Some. but not all, of the major federal laws that may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §4321 et seq.~ the Clean Air Act. as amended. 42 U.S.C. §7401 et seq. and scattered sections of 29 U.S.C.; the Federal Water Pollution Control Act. as amended, 33 U.S.C. §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §690 1 et seq.; and the Comprehensive Environmental Response, Compensation. and Liability Act. as amended, 42 U.S.C. §9601 et seq. The Subrecipient also recognizes that U.S. EPA, FHWA and other federal agencies have issued, and 'n the future are expected to issue. regulations, guidelines, standards, orders, directives, or other requirements that may affect the «name» «mga» 30 of 34 . . . Project. Thus, the Subrecipient agrees to comply, and assures the compliance of each Subrecipient and each contractor. with any such federal requirements as the federal government may now or in the future promulgate. Listed below are requirements of particular concern to FT A and the Recipient. The Subrecipient agrees that those laws and regulations do not constitute the Recipient's entire obligation to meet all federal environmental and resource conservation requirements. A. Use of Public Lands. The Subrecipient agrees that no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national. State, or local significance as determined by the federal, state, or local officials having jurisdiction thereof, or any land from a historic site of national. state, or local significance may be used for the Project unless FT A makes the specific findings required by 49 U.S.C. §303. B. Coastal Zone Management. The Subrecipient agrees to assure Project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. §1451 et seq. C. Environmental Justice. The Subrecipient agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 U,S.C. §4321 note. Section 19. Energy Conservation The Subrecipient agrees to comply with the mandatory energy efficiency standards and policies within the applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §6321 et seq. Section 20. State Management and Monitoring Systems The Subrecipient agrees to comply with applicable requirements of joint FHWNFT A regulations, "Management and Monitoring Systems," 23 C.F.R. Parts 500 and 49 C.F.R. Part 614. to the extent applicable. Section 21. Privacy Act Contracts Involving Federal Privacy Act Requirements. The following requirements apply to the Subrecipient and its employees that administer any system of records on behalf of the federal government under any contract: (1) The Subrecipient agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974. 5 U.S.C. § 552a. Among other things, the Subrecipient agrees to obtain the express consent of the federal government before the Subrecipient or its employees operate a system of records on behalf of the federal government. The Subrecipient understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act. appry to those individuals involved, and that failure to comply with the terms of the Privacy Act may resurt in termination of the underlying contract. (2) The Subrecipient also agrees to include these requirements in each subcontract to administer any system of records on behalf of the federal government financed in whole or in part with federal assistance provided by FT A. Section 22. Not Applicable Section 23. Metric System As required by U-S. DOT or FT A. the Subrecipient agrees to use the metric system of measurement in its Project activities, pursuant to the Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act, 15 U.S.C. §205a et seq.: Executive Order No. 12770. "Metric Usage in Federal Government Programs," 15 U,S.C. §205a note; and other U_S. DOT or FT A regulations, guidelines, and policies. To the extent practicable and feasible, the «name» «mga» 31 of 34 . . . Subrecipient agrees to accept products and services with dimensions expressed in the metric system of measurement. Section 24. Substance Abuse A. The Subrecipient agrees to comply with U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants):' 49 C.F.R, Part 29. Subpart F, as modified by 41 U.S.C. §702 et seq. B. The Subrecipient agrees to comply with FT A regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, including subsequent FTA regulations when promulgated, and any guidance on the drug abuse provisions of 49 U.S.C. §5331 that FTA or U.S. DOT may issue. Section 25. State Safety Oversight of Rail Fixed Guideway Public Systems To the extent applicable. the Subrecipient agrees to comply with 49 U.S,C. §5330, and FT A regulations. "Rail Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. Part 659, and any guidance that FTA or U.S. DOT may issue to implement 49 U.S.C. §5330. Section 26. Seat Belt Use Pursuant to Executive Order No. 13043, April 16. 1997.23 U.S.C_ §402. the Subrecipient is encouraged to adopt on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-operated vehicles and include this provision in third party contracts. entered into under this Project, Section 27. Special Requirements for Urbanized Area Formula Projects The following requirements apply to an Projects financed with federal assistance authorized for 49 U.S.C. §5307: A. Fares and Services. Before raising fares or instituting a major reduction of service, the Subrecipient agrees to use its established administrative process to solicit and consider public comment. B. Audit Requirements. The Subrecipient agrees that the state or federal government may conduct or require the Subrecipient to engage an independent entity to conduct annual or more frequent reviews and audits required by 49 U.S.C. §5307(i) and applicable regulations or guidelines that the federal government may issue. C. Half-Fare Requirements. The Subrecipient agrees that the fares or rates charged the elderly and persons with disabilities during nonpeak hours for transportation using or involving Project facilities and equipment will not exceed one-half of the rates that generally apply to other persons at peak hours, whether the operation of such facilitjes and equipment is by the Subrecipient or another entity under lease or otherwise. The Sub recipient agrees to give the rate required herein to any person presenting a Medicare card duly issued to that individual pursuant to Title II or Title XVIII of the Social Security Act, 42 U.S.C. §401 et seq,. and 42 U.S.C. §1395 et. seq. D. Procurement of an Associated Capital Maintenance Product. In accordance with the terms of 49 U.S.C. §5326(d}, the Subrecipient may, without prior federal approval, procure an eligible associated capital maintenance product by contract directly with the original supplier or manufacturer of the item to be replaced. provided that the Recipient (1) first certifies in writing that such manufacturer or supplier is the only source of that item and the price of that item is no higher than the price paid for that item by like customers. and (2) complies with applicable Buy America statutory and regulatory requirements. E. Transit Security. Each fiscal year. the Subrecipient agrees to spend at least one (1) percent of its funds authorized by 49 U.S.C, §5307 for transit security Projects. unless the Subrecipient has certified to FT A that such expenditures are not necessary. «name» «mga» 32 of 34 · · · F. Restrictions on the Use of Formula Assistance for Operations. A Subrecipient permitted to use federal assistance authorized for 49 U.S.C. §5307 to support operations agrees as follows: 1. To comply with the restrictions of 49 U.S.C. §5307(b)(1) and 5307(f) in using urbanized area formula funds for operating assistance, unless permitted otherwise by FTA. 2. Financìal assistance authorized by 49 U.S.C. §5307 may be applied to the Net Project Cost of the Subrecipient"s operatjng expenses incurred during the Project time period set forth in the Project Budget and. with FT A approval, may be extended to a later date to the extent permitted by law. provided that the applicable operating assistance limitation is not exceeded. G. Reporting Requirements. For each fiscal year, the Subrecipient agrees to conform, and assures that any transit operator to which the Subrecìpient provides funds authorized by 49 U.S.C. §5307 will conform, to the reporting system and the uniform system of accounts and records required by 49 U.S.C. §5335(a) for FTA's national transit database and FT A regulations, "Uniform System of Accounts and Records and Reporting System:' 49 C.F.R. Part 630, which includes various reports required for FTA's national transit database. H_ Criminal Sanctions. The criminal sanctions of 49 U_S.C_ §1001 apply to any submission or certificate provided for the Urbanized Area Formu~a Program authorized by 49 U.S.C. §5307. Section 28. Not Applicable Section 29. Special Requirements for Job Access and Reverse Commute Grant Projects The Subrecipient agrees to comply with following requirements in administering Projects financed with federal assistance authorized for section 3037 of TEA-21. 49 U.S.C_ §5309 note: A. General Requirements. The Subrecipient agrees to comp'y with any applicable federal requirements or guidance that may be issued to implement the Job Access and Reverse Commute Grant Program, authorized by section 3037 of TEA 21, 49 U.S.C- §5309 note. B. Restrictions on the Use of Grant Funds. The Subrecipient agrees that it will not use any grant funds awarded for Section 3037 Projects to support the costs of planning or coordination activities, in compliance with section 3037(e) of TEA-21, 49 U.S.C. §5309 note. Section 30. Special Requirements for Over-the-Road Bus Accessibility Projects The Subrecipient agrees to comply with following requirements in administering Projects financed with federal assistance authorized for section 3038 of TEA-21. 49 U.S.C. §5310 note: A. General Requirements. The Subrecipient agrees to comply with any applicable federal requirements or guidance that may be issued to implement the Over-the-Road Bus Accessibility Program authorized by section 3038 of TEA-21, 49 U.S-C- §5310. B. Special Requirements. The Subrecipient agrees to comply with U.S. DOT regulations. "Transportation Services for Individuals with Disabilities {ADA)," 49 C.F.R. Part 37, Subpart H, "Over-the-Road Buses," and joint U.S. Architectural and Transportation Barriers Compliance Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38. C. FTA Notice. The provisions of FTA Notice, "Over-the-Road Bus Accessibility Program Grants," 65 Fed. Reg. 2772-2786 (January 18. 2000), and any subsequent revision thereto, supersede conflicting provisions of this Agreement. cname» cmga» 33 of 34 . . . Section 31. Disputes, Breaches, Defaults, or Other litigation The Subrecipient agrees that the State and FT A has a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: A. Notification. The Subrecipient agrees to notify the State of any current or prospective major dispute. breach, default. or litigation that may affect the state or federal government's interests in the Project or the administration or enforcement of laws or regulations. If the Subrecipient seeks to name the state or the federal government as a party to litigation for any reason, in any forum, the Subrecipient agrees to inform the state before doing so. B. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share, based on the percentage of the federal share awarded for the Project, of proceeds derived from any third party recovery. except that the Subrecipient may return any liquidated damages recovered to its Project Account in lieu of returning the federal share to the federal government. C. Enforcement. The Subrecipient agrees to pursue all legal rights within any third party contract. D. State and FT A Concurrence. The State and FT A reserve the right to concur in any compromise or settlement of any claim involving the Project and the Subrecipient. E. Termination for Convenience, 1. General Provision. The Recipient may terminate this contract, in whole or in part, at any time by written notice to the Subrecipient when it is in the Government's best interest. The Subrecipient shall be paid its costs, including contract close- out costs, and profit on work performed up to the time of term¡nation_ The Subrecipient shall promptly submit its termination claim to Recipient to be paid the Subrecipient If the Subrecipient has any property in its possession belonging to the Recipient, the Subrecipient will account for the same, and dispose of it in the manner the Recipient directs. 2. Professiona( or Transit Service Contracts, The Recipient, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. «name. «mga» 34 of 34 · · · CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilwoman Compton Council Meeting Date: 7-24-2006 Agenda No.F.5 Subject: Information and Reports - Councilwoman Compton Announcements The NRH Recreation Center will hold an open house on Saturday, July 29th, from 9:30 a.m. to 1 :30 p.m. Visitors can register for fall recreation programs, meet instructors and see class demonstrations. For more information, please call the Recreation Center at 817-427-6600. The Missoula Children's Theatre is scheduled to perform the "The Jungle Book" at 2 p.m. on Saturday, July 29th, in the North Richland Hills Recreation Center. Admission is free. For more information, please call 817-427-6600. Residents are invited to meet the North Richland Hills Police Department on Saturday, August 5th, in the Wal-Mart parking lot at 9101 North Tarrant Parkway. Informational booths, vehicles, and equipment will be on display from 9 a.m. until noon. For more' information, please call 817-427-7000. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Paul Coutant, Parks Department A North Richland Hills resident sent an e-mail thanking Paul for going above and beyond the call of duty when her son threw his glasses into the pond at Green Valley Park. Without hesitation, Paul went into the water to search for the glasses and after several dives they were found. The resident said it is heart warming to know that we have such caring employees on staff. · · · Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7-24-2006 Agenda No.F.6