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Home My WebLink AboutCC 2005-09-26 Agendas ~ fill CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA . SEPTEMBER 26, 2005 - 6:30 P.M. For the Regular Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1 . Discuss Items from September 26, 2005 City Council Meeting (5 Minutes) Nominations for Tarrant Appraisal District Board of Directors 2. IR 2005-128 (10 Minutes) 13. I Adjournment I I lJtj ;::) ~ t:~ LJ --~_q:d:1~._... .;,'.y.:.......;;..~....~...#,O,.'..,-.'.'.. ·r·....} }.\ ll~J· . /1-.3larYl t"" 'H< { 1; k~:, ('1 . Y M'~ .'. / _ .. .... . "M"""__"'''_''>__",,_~ . 5 09/26/05 City Council Agenda Page 1 of 4 T . . . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA SEPTEMBER 26, 2005 - 7:00 PM For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1 . Call to Order 2. Invocation - Councilwoman Johnson 3. Pledge - Councilwoman Johnson 4. Special Presentations Yard of the Month presented by Micah Beck and Councilman Whitson 5. Citizens Presentation 6. Removal of Item(s) from the Consent Agenda 09/26/05 City Council Agenda Page 2 of 4 ... . . . NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the September 12, 2005 Agenda Council Meeting GN 2005-095 b. Approve the Update to the NRH20 Strategic Plan - Resolution No. 2005-066 GN 2005-096 c. Approve Water Course Maintenance Agreement with Graham Ranch Partners, Ltd. for the Graham Ranch Additions, Phases One and Two PU 2005-038 d. Award of Bid to Wall Enterprises in the Amount of $168,517 for the Construction of Parking Lot, Concrete Work and Fence at the New Dog Park - Resolution No. 2005-067 PU 2005-039 e. Approve Professional Services Agreement with Davis & Davis, Inc. in the Amount of $58,700 for the Group Pavilion Area Project at NRH20 Family Waterpark - Resolution No. 2005-068 PU 2005-040 f. Approve Professional Services Agreement with Quorum Architects, Inc. in the Amount of $56,600 for the Engineering and Design of the Fire Training Facility - Resolution No. 2005- 069 PAY 2005-006 g. Approve Final Payment to McClendon Construction Co., Inc. in the amount of $43,518.92 for the Lola Drive (Scott Drive to Davis Boulevard) and Galway Lane (Emerald Hills Way to Park Entrance) Project Approval of 2005 Certified Tax Roll - Resolution 8. GN 2005-098 No. 2005-071 Adopting 2004/2005 Revised Budget and 9. GN 2005-099 2005/2006 Budget - Ordinance No. 2850 Adopting Tax Rate for Tax Year 2005 - 10. GN 2005-097 Ordinance No. 2851 Approve Interlocal Cooperation Agreement with 11. GN 2005-100 North Central Texas Council of Governments for Operation of Commuter Rail Service (Trinity Rail Express) 09/26/05 City Council Agenda Page 3 of 4 . . e NUMBER ITEM ACTION TAKEN Authorize City Manager to Execute an 12.GN 2005-101 Agreement with Bank One Trust Company N.A. for Mineral Management Consulting - Resolution No. 2005-072 Award Professional Services Contract to Kimley- 13. PW 2005-011 Horn and Associates, Inc. for North Tarrant Parkway (Davis Blvd. to Whitley Rd.) 14. Information and Reports - Councilwoman Johnson 15. Adjournment _._...~~~.._~ ······..··-,···~:-Y.~:·:~·w·jo;.:·;·;·:-,·...«···'·....· f~:l ?:~l tt? ------.il.:'.jl..~l_l'!:::L..~_~..~_ "T¡rnQ B~ 09/26/05 City Council Agenda Page 4 of 4 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2005-128 Date: 9/26/05 Subject: Nominations for Tarrant Appraisal District Board of Directors Per a previous informal report (IR 2005-126), Council was informed of the opportunity to nominate an individual to the Tarrant Appraisal District (TAD) Board of Directors. Staff seeks direction from Council whether to go forward with the nomination of John H. Clanton or whether Council would like to nominate other individuals in addition to or as replacement of Mr. Clanton. Based on Council direction, a nomination resolution will be prepared for the October 10,2005 Council agenda. The next steps in the election process are as follows. Upon receiving nominations from all Tarrant County taxing entities, Tarrant Appraisal District will prepare and distribute ballots. Staff will bring the ballot before Council for discussion. The City of North Richland Hills has 41 of 5,000 votes based on the taxes imposed in 2004. Staff will seek Council direction on how the City will then distribute its votes to the nominee(s). Finally, the City of North Richland Hills will submit its vote via resolution to TAD prior to December 15, 2005. Throughout the TAD Board election process, staff will bring matters before Council for discussion and will follow up with resolutions based on Council direction. Respectfully Submitted, ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS . ~ 3 1 2005 August 29,2005 Mr. Larry Cunningham, City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Dear Mr. Cunningham: I am asking for your support in my bid for re-election to the Tarrant Appraisal District Board of Directors. I have served two terms and am currently serving as secretary of the Board. TAD will be sending a schedule for the Tarrant Appraisal Board of Directors . election and I would appreciate your vote. I have enclosed a biography which will give information about my background and service. Thank you for your consideration. ~~cerely, )' ;' / I J. / / é l' / /O~ )9t:L!/U-Ä Nt (,-íctAlL~ ./ iJ/ John H. Clanton 1 708 Cimarron Trail Hurst, TX 76054 . . ) ~ . . . Biography John Henry Clanton John Hemy Clanton has been a resident of Tarrant County for 35 years. John has been President of the Hurst-Euless-Bedford Independent School District Board of Trustees ITom May 8, 2001 - 2003. He has served on the Board since May 1995 and his term expires in 2004. He served as Vice President ITom May 6, 1997 through May 8, 2001 when he became President. Currently he serves as Secretary of the Tarrant Appraisal Board of Directors. As a former educator, John has spent much of his time trying to improve the quality of life in his community and in HEB schools through his professional and civic involvement in many organizations. He has served as President of the HEB Administrators Association, HEB Vocational Director, State Chair for Vocational Industrial Clubs of America, State President of Texas Industrial Vocational Association, President of HEB Retired School Employees Association and serves on the HEB Education Foundation. He has served as a United Way campus representative and HEB District Chair, President of the HEB Sports Hall of Fame, Mid-Cities Optimist Club, Hurst Lions Club, City of Hurst Zoning Adjustment Board, Neighborhood Cancer Association Representative and was named Hurst Citizen of the Year. John is a native of Wichita Falls where he was born in 1931. He received a Bachelor of Science degree in history and speech ITom Midwestern University in 1957. He received a master's degree in educational administration and history ITom the University of Texas at El Paso in 1964. John Hemy Clanton is married to Patsy, his wife of 40 years. They have a daughter, Marci Meyer and two grandchildren, Ryan Gober and Heather Meyer. John Remy and Patsy live in Hurst. . Y ARD-OF-THE-MONTH September, 2005 AREA 1 Michael McMahan. 3836 Diamond Loch West. AREA 2 Rick Vincent. 4709 Deville Dr. AREA 3 Robert M. & Delores Jean Pope. 6328 Skvlark Circle AREA 4 Mark & Debbv Schneider. 7104 Trinidad Dr.. , AREA 5 Eric & Pattie Trainer. 8500 Olmstead Terrace AREA 6 Jeff Newsome. Jr.. 7408 Tunbridae Dr. AREA 7 Robert J. Beene. 7713 Grade Dr. AREA 8 Billv Sharp. 7929 Green Vallev Dr.. AREA 9 Ana Hohnstein. 8617 Glenmont Drive Texas SmartScape Winner David & Judi Chumlev. 3768 North Hills Dr. . e e e MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST lOOP 820 - SEPTEMBER 12,2005 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 12th day of September, 2005 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Drew Corn Vickie Loftice Andy Jones Chris Swartz Dave Green Richard Abernethy Call to Order Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Budget Director Park & Recreation Director Fire Chief Aquatic Manager Chief Planner Assistant to City Manager Mayor Trevino called the Pre-Council meeting to order at 6:01 p.m. 1. Discuss Items from September 12. 2005 City Council Meeting Agenda Item 12, ZC 2005-10 - Councilwoman Bielik questioned if a site plan would be submitted later and if the item before Council was only a zoning change. Staff advised that the item was a zoning change for a Residentiallnfill Planned Development which requires a planned development site plan to accompany the zoning change. The plat will be brought before Council for approval later. e e e City Council Minutes September 12, 2005 Page 2 2. IR 2005-124 Review Possible Dates for Meetinq with Planninq and Zoninq Commission Reqardinq North Central Texas Council of Government Center of Development Excellence Council considered October 6 and November 3 as possible meeting dates with the Planning and Zoning Commission for a presentation by North Central Texas Council of Government on the Center of Development Excellence. The consensus of the Council was to set the meeting for Thursday, November 3. 3. IR 2005-123 Update on Quad Cities DFW Foundation - Bob Hamilton. NE Chamber President Mr. Bob Hamilton, Northeast Chamber President, gave the Council an update on the activities and accomplishments of Quad Cities DFW during the past year. Council viewed a short video clip promoting North Richland Hills and the Quad Cities. 4. IR 2005-111 Presentation bv William L. Haralson and Associates. Inc. on the Combletion and Findinas in the NRH?O Waterpark Strateaic Plan Aquatic Manager Chris Swartz gave a brief overview of NRH20's summer season. Council was advised that NRH20 had the third best summer season in its history; set a record for the highest June attendance and promoted 22 special events during the season. Mr. Swartz introduced Mr. William Haralson of William L. Haralson & Associates, Inc., who conducted the study to update the strategic plan. Mr. Swartz also introduced Mr. Mark Hatchel of Kimley-Horn who assisted Mr. Haralson with the study. The goals of the study set by the City were to maintain the park's financial performance, keep the park a positive reflection on the City and maintain a favorable and attractive residential discount. Mr. Haralson presented to Council an overview of the findings of the study. Mr. Haralson advised the issues addressed in the study leading to the Master Plan Update were marketing, group sales, on park sales, and staffing. Mr. Haralson discussed each of the issues and highlighted the recommendations. Mr. Hatchel presented an overview of the capital expansions recommended for the park. Council was also presented with an overview of possible new rides. Mayor Trevino asked Council if they were in general agreement with the study. The Council acknowledged that they generally agreed with the study. Council also concurred with adopting the study and staff moving forward with the study. 5. Adiournment Mayor Trevino announced at 6:55 p.m. that the Council would adjourn to the regular Council meeting. e e e City Council Minutes September 12, 2005 Page 3 REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order September 12,2005 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Cub Scout Den #3 Pack 122 gave the invocation. 3. PLEDGE OF ALLEGIANCE Cub Scout Den #3 Pack 122 led the pledge of allegiance. 4. SPECIAL PRESENTATIONS e e e City Council Minutes September 12, 2005 Page 4 None. 5. CITIZENS PRESENTATION None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilwoman Bielik removed item 7a from the consent agenda. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. REMOVED B. MINUTES OF THE AUGUST 29, 2005 SPECIAL COUNCIL MEETING C. FP 2005-13 CONSIDERATION OF A REQUEST FROM KENNIS KETCHUM, PORTFOLIO DEVELOPMENT LLC, TO APPROVE THE FINAL PLAT OF THE VENUE AT HOME TOWN ADDITION (LOCATED IN THE 9000 BLOCK OF GRAPEVINE HIGHWAY -11.49 ACRES) D. RP 2005-04 CONSIDERATION OF A REQUEST FROM MYCOSKIE, MCINNIS ASSOCIATES ON BEHALF OF BATES CONTAINER TO APPROVE THE REPLAT OF LOT 11R, BLOCK H SMITHFIELD ADDITION (LOCATED IN THE 6400 BLOCK OF SMITHFIELD ROAD - 2.45 ACRES) E. GN 2005-087 APPROVE ABANDONMENT OF SANITARY SEWER EASEMENT LOCATED IN FOREST GLENN WEST, PHASE 11- ORDINANCE NO. 2844 F. GN 2005-088 APPROVE ABANDONMENT OF UTILITY EASEMENT LOCATED ON NORTH SIDE OF STARNES ROAD (APPROXIMATELY 200' EAST OF SMITHFIELD ROAD) - ORDINANCE NO. 2845 C,QUNCILWOMAN JOHNSON MOVED TO APPROVE REMAINING ITEMS ON THE CONSENT AGENDA. MAYOR PRO TEM WELCH SECONDED THE MOTION. City Council Minutes September 12, 2005 Page 5 e MOTION TO APPROVE CARRIED 7-0. 7A. MINUTES OF THE AUGUST 22, 2005 COUNCIL MEETING APPROVED Councilwoman Bielik would like to add an item to agenda item number 9, page 5 that during the discussion of the item staff was asked if a drunk driver could be named on a roadside memorial sign and the response was yes. C-OUNCILWOMAN JOHNSON MOVED TO APPROVE MINUTES AS AMENDED. COUNCilMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. e 8. SP 2005-08 CONSIDERATION OF A REQUEST FROM JONES & BOYD, INC. ON BEHALF OF ARCADIA LAND PARTNERS 17, LTD., FOR APPROVAL OF A SITE PLAN FOR FRANKLIN PARK SENIOR INDEPENDENT LIVING FACILITY (LOCATED IN THE 8600 BLOCK OF MID-CITIES BOULEVARD - 7.5 ACRES) APPROVED Nature of request is to consider a final site plan for the Franklin Park Senior Independent living project. The Special Use Permit (SUP) and concept plan for the development were approved by council in October 2004. The purpose of the site plan approval process is to ensure proposed commercial or industrial use is compatible with adjacent or nearby residential areas. Mr. Javier Jaramillo with Jones and Boyd located at 17090 Dallas Parkway, Dallas, TX, was available to present his request and answer questions from council. Also in attendance for the applicant was Aubre Franklin of Franklin Development. Councilman Whitson asked applicant if they had looked at the drainage ditch between his property and Mid Cities Boulevard with a possibility of back filling ditch and using it for landscaping. Mr. Jaramillo advised council it was considered and a letter was prepared for Assistant Parks Director Bill Thornton as stipulated by the Planning and Zoning Commission. Mr. Jaramillo advised council the drainage easement could not be backfilled but since it is e the City's easement it would need to be maintained by the City. Mr. Jaramillo also said City Council Minutes September 12, 2005 Page 6 e that one of the requests from the Planning Department was to make the area parallel to Mid Cities Boulevard as the developer's front yard. The developer agreed to suggestion and a letter was prepared for Mr. Thornton outlining the maintenance responsibilities would be to the developer. Assistant City Manager Bo Bass advised council staff would appreciate the responsibility of the drainage easement being included in council's motion. Chief Planner Dave Green summarized case and advised council the Planning and Zoning Commission voted unanimously for approval of request. C:OUNCILWOMAN J:OHNSON MOVED TO APPROVE SP 2005-08 BASED ON STIPULATION OF AN AGREEMENT THAT THE DEVELOPER WILL MAINTAIN THE DRAINAGE EASEMENT. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. e 9. FP 2005-07 CONSIDERATION OF A REQUEST FROM JONES & BOYD, INC. ON BEHALF OF ARCADIA LAND PARTNERS 17, LTD., TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK Q HOMETOWN WEST PHASE 6 ADDITION (LOCATED IN THE 8600 BLOCK OF MID-CITIES BOULEVARD -7.5 ACRES) APPROVED Nature of request is to consider the final plat for the Franklin Park Senior Independent living facility. Mr. Javier Jaramillo, applicant, was available to present request and answer questions from council. Mr. Green summarized case, advised council of the Planning and Zoning Commission recommendation and was available to answer questions from Council. COUNCILMAN LEWIS MOVED TO APPROVE FP 2005-07. C-QUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 10. GN 2005-089 APPROVE ABANDONMENT OF SANITARY SEWER EASEMENT LOCATED IN HOME TOWN NRH WEST, PHASE 6 - ORDINANCE NO. 2846 e APPROVED e e - City Council Minutes September 12, 2005 Page 7 Nature of request is to consider abandonment of a sanitary sewer easement. The sanitary sewer line which crosses Lot 1, Block Q of addition was previously located in . the easement and is now being relocated and the easement is being abandoned. COUNCILWOMAN BIEUK MOVED TO APPROVE ORDINANCE NQ. 2846. MAYOR PRO TEM WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 11. FP 2005-12 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RAMYPASHA INVESTMENTS, INC. TO APPROVE THE FINAL PLAT OF WOODLAND OAKS PHASE 2 ADDITION (LOCATED IN THE 6700 BLOCK OF PRECINCT LINE ROAD - 3.24 ACRES) APPROVED Mayor Trevino advised that Mayor Pro Tem Welch would be abstaining from discussion and vote on this item because he is the engineer of record for the public infrastructure. An affidavit of disqualification was completed and filed with the City Secretary. Mayor Trevino opened the public hearing on FP 2005-12. Nature of request is to consider the final plat of Woodland Oaks Phase 2 Addition. A preliminary plat for the site was approved by the Planning and Zoning Commission in 2004. The development proposal is for ten (10) residential lots, two common open space lots and a private street. Mr. Ted Brooks, 1905 Central Drive, Bedford, TX, was available to present request and answer questions from council. Mr. Green summarized case advising applicant is proposing to subdivide the existing lot into approximately three new lots and according to State Law a replat of an existing residential lot requires a public hearing by the City Council. Mr. Green advised the Homeowner's Association would be responsible for the maintenance of the private street, which is labeled as one of the lots. The Planning and Zoning Commission recommended approval of the plat with stipulations, which have been met by the applicant. Mayor Trevino read the attached letter from Michele Foster into record recording her opposition to request. e e e City Council Minutes September 12, 2005 Page 8 Mr. Jerry Moore, 9121 Nob Hill Drive, requested that council leave subdivision as it currently is now. Mr. Paul and Tonya Littlejohn, 6700 Nob Hill Court, did not wish to speak but wanted to record their opposition to request. Ms. Betty Barfield, 6821 Nob Hill Drive, speaking on behalf of her husband David, spoke in opposition to request. Mr. John Dickinson, 6800 Nob Hill Drive, asked for clarification regarding Nob Hill Drive cutting through to Precinct Line Road. Mr. Dickinson advised council he is not in opposition to request since Nob Hill will continue to end at the apex of hill. Mr. Glenn Rosenberger, 9008 South Crest Drive, and President of the Woodland Oaks Homeowners Association advised council the association objects to request. Mr. Rosenberger advised council the lot is platted in their subdivision and is encumbered by their deed restrictions. Mr. Rosenberger and the association believe a replat of the land requires the consent of the Homeowner's Association. Mayor Trevino asked staff if residents were notified of the Planning and Zoning Commission and City Council meeting. Mr. Green advised council a rezoning case for this property was heard last year in addition to a preliminary plat. The rezoning of properties are advertised and no plat is advertised, with the exception of a residential replat, which is required to be advertised by State Law. Staff is required to notify people of the original subdivision within 200 feet of the residential subdivision, which was done by staff. Mr. Jim Mayden, 6700 Crane Road, spoke in opposition of the split of Lot 18 until Mr. Brook's intention on the lot swap is cleared up with the Homeowners Association. Ms. Sharon Smith, 1905 Central Drive, #203, Bedford, TX, spoke in favor of request and addressed concerns of the Homeowner's association regarding fees and deed restrictions. Mr. Mo Rabii, 9117 Nob Hill Drive, advised council he never received a letter regarding request for the Planning and Zoning Commission meeting. Mr. Rabii also mentioned the hazard of additional traffic and the addition of more homes would lower the value of his property. Mayor Trevino asked staff to verify the mailing of notice to Mr. Rabii. Mr. Green advised State Law dictates that the final approving body, City Council, declares or holds the public hearing. · e e City Council Minutes September 12, 2005 Page 9 Mr. Ted Brooks, 1905 Central Drive, Bedford, TX, spoke in favor of request. There being no one else wishing to speak Mayor Trevino closed the public hearing. C:OUNCILWOMAN JOHNSON MOVED TO APPROVE FP 2005·12. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6'() WITH MAYOR PRO TEM WELCH ABSTAINING. 12. ZC 2005-10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GORDON SWIFT CONSULTING ENGINEERS, INC. ON BEHALF OF W~ST CREEK PARTNERS, LLC. FOR A ZONING CHANGE FROM "C1" COMMERCIAL. TO "RI-PD" RESIDENTIAL INFILL PLANNED DEVELOPMENT (LOCATED IN THE 8400 BLOCK OF HIGHTOWER DRIVE - 2.27 ACRES) - ORDINANCE NO. 2847 APPROVED Mayor Trevino opened the public hearing for ZC 2005-10 and Ordinance No. 2847. Nature of request is to consider a zoning change from C-1 to RI-PD for a proposed 13 lot residential development. Dan Mcinnis, applicant, located at 900 Monroe Street, Suite 404, Fort Worth, TX, was available to present case and answer questions from council. Mr. Mcinnis addressed Planning and Zoning Commission concerns regarding the irrigation and landscaping on Davis Boulevard. Mr. Mcinnis advised council they would make every effort with Texas Department of Transportation to maintain and be able to have landscaping and irrigation on Davis Boulevard. Mr. Mcinnis advised they are willing to add to the Planned Development (PD) that they will stub out an irrigation line to provide sprinkler system. Mr. Mcinnis advised there was also a concern regarding height restrictions for houses in the PD. Mr. Mcinnis advised they understood it would be the same height restriction as the standard single residential home and would be happy to add that to the PD. Lastly, there was a concern regarding the retaining wall, but applicant is in agreement with the addition that the retaining walls would be constructed of masonry or stone and those retaining walls along Davis Boulevard and Hightower would match the masonry or stone that accompanies the home if the retaining wall is serving that lot. Mr. Green advised council the Planning and Zoning Commission considered request on August 18 and at that time there were a number of issues and clarifications requested by the commission. Mr. Green advised the Planning and Zoning Commission continued that public hearing to September 1, allowing the applicant time to address issues . . e City Council Minutes September 12, 2005 Page 10 brought forward by the commission. The Planning and Zoning Commission on September 1 did approve request with the following stipulations: . Irrigation system be stubbed out to Davi? Boulevard right of way . Use a different type of landscaping in the Davis Boulevard right-of-way In addition to the stipulations imposed by the Planning and Zoning Commission, staff has the following stipulations: . · Narrative state that the overall height limit of this particular development, in terms of the buildings would be 38 feet · Any retaining walls be constructed either from the same masonry material that will match the same structure in front of the retaining wall · The narrative itself be approved as part of the site plan and as part of the overall zoning request Mr. Green advised council the property is already platted and if item is approved, a replat will come back to council at a future meeting. Councilwoman Bielik asked if council could make sure the homes look like the quality of the pictures provided in the narrative. Mr. Green advised council could state that as an individual request and staff would be interested to have those pictures when they begin to receive building permits. Mr. Bass advised council it could be a part of the motion to include all the collection of items with the narrative. Councilwoman Bielik asked if the applicant would change the current sign located on the property to reflect the correct number of homes to be constructed in the development. Mayor Trevino called for anyone wishing to speak in favor of request to come forward. Mr. John Dancer, 2001 Creekside Circle, Arlington, TX spoke in favor of item. There being no one else wishing to speak Mayor Trevino asked for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM WELCH MOVED TO APPROVE ZC 2005-10 SUBJECT TO THE FOllOWING COMMENTS: · e e City Council Minutes September 12, 2005 Page 11 · APPLICANT MUST STUB OUT THE IRRIGATION SYSTEM TO DAVIS BOULEVARD RIGHT OF WAY · REPLACE THE PROPOSED WAX MYRTLES ON DAVIS BOULEVARD WITH LANDSCAPING COMPLIANT WITH THE CITY'S SIGHT VISIBilITY EASEMENT REQUIREMENTS · THAT ALL RETAINING WALLS ASSOCIATED WITH THE PROJECT BE CONSTRUCTED OF THE SAME OR EQUAL MATERIALS AS THE PERIMETER MASONRY WALLS SPECIFICAllY STONE · THE MAXIMUM ALLOWED HEIGHT OF ANY STRUCTURE ASSOCIATED WITH THE PROJECT BE 38 FEET IN HEIGHT · THE COLORED PHOTOGRAPHS AND NARRATIVE SUBMITTED BY THE DEVELOPER AS A REPRESENTATIVE OF THE TYPICAL ELEVATION DEPICTING THE RESIDENCE ARCHITECTURAL AND EXTERIOR MATERIALS BE MADE PART OF THE RI-PD SITE PLAN COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 13. PS 2003-37 CONSIDERATION OF A REQUEST FROM GRAHAM RANCH PARTNERS, LTD. TO APPROVE THE VACATION OF THE FINAL PLAT OF GRAHAM RANCH PHASE I ADDITION (LOCATED IN THE 7000 BLOCK OF HIGHTOWER DRIVE - 54.7 ACRES) APPROVED Nature of request is to consider a vacation of Graham Ranch Phase I Addition in lieu of a revised final plat. The original final plat was approved by the Planning and Zoning Commission and City Council in October 2003. However, the applicant never filed the plat with Tarrant County. The city attorney has determined the previous plat exists, even though it was never filed, and that the applicant is required to vacate the original plat prior to approval of a new final plat. Mr. Green advised council a plat for a portion of this particular property was approved by the council in 2003. Per the recommendation of City Attorney George Staples staff is recommending the property owner sign paperwork. Council discussed in great detail the need of a signed instrument for the drainage easement. COUNCILWOMAN JOHNSON MOVED TO PASS PS 2003-37 WITHOUT THE STIPULATION OF THE EASEMENT. COUNCILWOMAN COMPTON SECONDED THE MOTION. Mayor Trevino advised council the City may not need all of the drainage easement. If the City has developers relying on the drainage to be shown on the previous plat · e e City Council Minutes September 12, 2005 Page 12 approved by council, the City may not need the north-south portion of the drainage easement and only need the west-east drainage easement. Staff has mentioned a concern of developers located to the west of this property that have based their design criteria and drainage calculations on an existing channel that the City Attorney says is the City's easement, which according to the developer the city does not have the easement due to plat not being filed. The council in 2003 made a motion and approved the plat and at that time the council believed to have had a plat with drainage easements and in turn staff told the western developers. If the motion to approve the vacation fails then perhaps the council could revisit request with just the west-east portion of the drainage easement and not the north-south as it is being handled. There are no development ties to the north-south as it is to the west-east. Councilwoman Cox advised council that she had a great deal of respect for Mayor Pro Tern Welch's opinion as this is what he does for a living. Councilwoman Cox asked Mayor Pro Tem Welch if he thought this was a good deal for the city to vacate this with a stipulation for the drainage. Mayor Pro Tem Welch advised Councilwoman Cox he believes the City needs the stipulation. Mayor Pro Tem Welch believes the Mayor came up with a good compromise for the drainage easement, but still believes that Mr. Graham will have to maintain the easement. MOTION FAILED 5-2 WITH COUNCILMEN LEWIS, WHITSON, MAYOR PRO TEM WELCH AND C-OUNCILWOMEN Cox AND BIELIK VOTING AGAINST AND COUNCILWOMEN JOHNSON AND C:OMPTON VOTING IN FAVOR OF MOTION. MAYOR PRO TEM WELCH MOVED TO APPROVE PS 2003-37 CONTINGENT TO THE FACT ON THE CURRENT PLAT, LOT 34, WHICH WOULD BE PART OF THE VACATED, THAT THE PLAT VACATION BE CONTINGENT TO THE SIGNING AND EXECUTION OF THE DRAINAGE EASEMENT LOCATED IN THE SAME LOCATION WHICH IS BASICALLY THE EAST-WEST DIRECTION ONLY AND NOT THE NORTH- SOUTH. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-1 WITH COUNCILMEN LEWIS, WHITSON, MAYOR PRO TEM WELCH AND COUNCILWOMEN COX, JOHNSON AND BIELIK VOTING IN FAVOR AND COUNCILWOMAN COMPTON VOTING AGAINST MOTION. 14. FP 2005-16 CONSIDERATION OF A REQUEST FROM GRAHAM RANCH PARTNERS, LTD., TO APPROVE THE FINAL PLAT OF GRAHAM RANCH PHASE I ADDITION (LOCATED IN THE 7000 BLOCK OF HIGHTOWER DRIVE - 34.09 ACRES) APPROVED · e e City Council Minutes September 12, 2005 Page 13 Nature of request is to consider approval of a new final plat of Graham Ranch Phase I Addition. Council's action on previous item vacated platted property allowing applicant to submit a new final plat. The applicant's current proposal for Phase I is smaller in area than the previous plat. The additional area to the west of Phase I will be platted in the future as Phase III of Graham Ranch. The lot and street patterns proposed by the current Phase I proposal are identical to the preliminary and final plats approved by council in 2003. Mr. Wood was available to answer questions from council. Mayor Pro Tem Welch clarified with Mr. Wood the only correction to plat is the 2 % foot wall easement along the entrance of Hightower Drive which needs to be behind the 15 X 70 foot sight visibility triangle. Mr. Wood clarified Mayor Pro Tem Welch was talking about a construction type easement to maintain the wall. Mr. Wood advised there would be no problem. Director of Planning Dave Green summarized case, stated Planning and Zoning Commission recommendations and was available to answer questions from Council. Mayor Trevino clarified with Mr. Green that staff is in favor of a dedicated drainage easement as stated by Mayor Pro Tem Welch in the last motion. Mr. Green confirmed staff prefers the dedicated drainage easement tied to the last motion. Mr. Staples informed council it would be appropriate to approve plat with the condition it be subject to the vacation of the previous plat. MAYOR PRO TEM WELCH MOVED TO APPROVE FP 2005-16 SUBJECT TO THE MINOR REVISION ON THE SITE TRIANGLE AND ALSO THAT THIS PLAT BE SUBJECT TO THE PLAT VACATION OF A SIGNED EXECUTION OF THE DRAINAGE EASEMENT OF THAT PLAT IN ORDER TO FILE APPROVAL OF THIS PLAT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. RECESS & BAC'K TO ORDER Mayor Trevino recessed the meeting at 9:19 p.m. and called the meeting back to orde-r at 9:25 p.m. . e . City Council Minutes September 12, 2005 Page 14 15. GN 2005-090 CONDUCT PUBLIC HEARING ON PROPOSED TAX RATE PUBLIC HEARING CLOSED Mayor Trevino opened the public hearing for GN 2005-090. Budget Director Drew Corn advised council this is the second and "final public hearing required by State law. Mr. Corn advised the public hearings were· posted in the Northeast section of the Fort Worth Star Telegram on August 12. The tax rate is scheduled to be adopted at the September 26 Council meeting. Mayor Trevino asked for anyone wishing to comment on the proposed tax rate to come forward. There being no one wishing to comment, Mayor Trevino closed the public hearing and announced the tax rate would be adopted at the September 26, 2005 City Council meeting. 16. GN 2005-091 APPROVE WATER AND SEWER RATES - ORDINANCE NO. 2848 APPROVED Nature of request is to consider approval of Ordinance No. 2848. The City commissioned an independent Water and Sewer Cost of Service Study to examine the " base and volume water rates. The study was conducted by certified public accountant Carolyn M. Marshall. The study recommends that the City adjust base and volume rates, due to continued increases in the cost of doing business. The results of the study were presented to the City Council during the July 25, 2005 Pre-Council meeting. In order to minimize the affect on customers, the ordinance phases in the rate adjustment over a three-year period and will use the Rate Stabilization Reserve to soften the impact of the increase. The proposed ordinance specifies the rate change will become effective December 1. Director of Finance Larry Koonce advised council of the impact the proposed water and sewer rate change will affect the average residential customer. A customer with a %" meter using 8,760 gallons per month of water would be $0.60 per month beginning in December 2005. In December 2006 the average customer would see an additional increase of $0.74 per month and in December 2007 the increase would be $1.17 per month. Mr. Koonce advised the amounts were averages and dollar amounts would vary by customer by month depending on actual water usage. Mr. Koonce advised council the City has been able to defer adjustments to the base and volume rates since 1994 due to careful management of costs. As a result of a study of Tarrant County cities, North Richland Hills will remain competitive with neighboring cities. Mr. Koonce advised information regarding the rate increase has been communicated to customers . . . City Council Minutes September 12, 2005 Page 15 by way of Citicable, the City website and News and Notes flyer that was inserted into the utility bills. COUNCILMAN WHITSON MOVED TO APPRÇ>VE ORDINANCE No. 2848, GN 2005-091. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 17. GN 2005-092 APPROVE JOINT R.ESOLUTON WITH CITY OF RICH LAND HILLS FOR SOUTH GRAPEVINE HIGHWAY CORRIDOR BRANDING & DESIGN STUDY- RESOLUTION NO. 2005-064 APPROVED Nature of request is to consider approval of Resolution No. 2005-064, which implements the South Grapevine Highway Corridor branding to name the South Grapevine Highway, South of Rufe Snow and Glenview Drive area to "twentysix" and the name of Grapevine Highway to Boulevard 26. Director of Planning and Development John Pitstick was available to answer questions from council. COUNCILWOMAN JOHNSON AND COUNCILMAN WHITSON MADE A JOINT MOTION TO APPROVE RESOLUTION No. 2050-064. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 18. GN 2005-093 APPROVE ADOPTION OF NATIONAL INCIDENT MANAGEMENT SYSTEM - RESOLUTION NO. 2005-065 APPROVED Nature of request is to consider approval of Resolution No. 2005-065 adopting the National Incident Management System. Governor Perry issued an Executive Order which adopted the National Incident Management System as the statewide system to be used for emergency prevention, preparedness, response, recovery and mitigation activities. Local entities that adopt the National Incident Management System will continue to be eligible for future federal monies in the form of grants, disaster relief and mitigation funds. . e . City Council Minutes September 12,2005 Page 16 Fire Chief Andy Jones was available to answer questions from council. Chief Jones advised council that twelve (12) other cities have adopted the National Incident Management System. COUNCILWOMAN BIEUK MOVED TO APPROVE RESOLUTION No. 2005-065. COUNCILMAN LEWIS SECONDED THE MOTION. MOTlON.TO APPROVE CARRIED 7-0. 19. GN 2005-094 APPROVE REVISION TO LITTLE BEAR CREEK CORRIDOR- ORDINANCE NO. 2849 APPROVED Nature of request is to consider approval of Ordinance No. 2849 which adopts an updated·.boundary map for the Little Bear Creek Corridor. Public Works Director Mike Curtis was available to answer questions from council. MAYOR PRO TEM WELCH MOVED TO APPROVE ORDINANCE No. 2849. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 20. INFORMATION AND REPORTS Councilwoman Compton made the following announcements. The Parks & Recreation Department will host a Family Fun Night on September 16 at Linda Spurlock Park. This free event begins at 7 p.m. Residents are encouraged to walk or ride their bikes to the park at 6400 Glenview Drive. Please call 817-427-6600 for more information. The NRH Library will hold its annual Book Sale on Saturday, September 24 from 9:00 a.m. to 4: 00 p.m. Hardcover books will be sold for one dollar, while paperbacks will be priced at twenty five cents each. Additional items for sale include a limited number of videos, CDs, audio cassettes and books on tape. For more information, please call 817- 427-6814. . e . City Council Minutes September 12, 2005 Page 17 Residents are invited to see the newest North Richland Hills Fire Station on Saturday, September 24. A dedication ceremony and open house for the new Fire Station No.4 will begin at 8:15 a.m. The station is located at 7245 Hightower Drive. For more information, please contact the Fire Department at 817-427-6900. Kudos Korner - North Richland Hills Recreation Center - A letter was received from a resident thanking the staff and exercise instructors at the Recreation Center for helping her regain her strength and stability when recovering from illness and surgery. The resident attributed her success to the Silver Sneakers class and said the Recreation Center is the best way to take care of your health. 21. ADJOURNMENT Mayor Trevino adjourned the meeting at 9:50 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary ~ ; ....' CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 9/26/05 Subject: Approve the Update to the NRH,O Strateaic Plan - Agenda Number: GN 2005-095 Resolution No. 2005-066 Included in the 2004-05 NRH20 Capital Improvement Budget was funding for the preparation of an update to the Strategic Plan for NRH20. The study included an examination of both the business side of the park (financial performance, marketing efforts, group sales, etc.) and the development side of the park (master plan update, attraction useful life, etc.). The goals of the study included maintaining the park's financial performance, keeping the park a positive reflection on the City and maintaining a favorable and attractive resident discount. A Request for Proposal was issued and responses were evaluated by a committee consisting of City staff. Finalists were interviewed and staff then made a recommendation to the City Manager for review. A team assembled by William Haralson of William L. Haralson & Assoc., Inc. (WLHA) was selected to conduct the study. Mr. Haralson is well known throughout the waterpark industry as one of the leaders in the field of economic feasibility regarding waterparks. Mr. Haralson also prepared the original feasibility study for NRH20 in 1993. Assisting Mr. Haralson on the study were Steve Mayer from Cross Country Parks and Mark Hatchel from Kimley-Horn. A summary of the plan including the major findings in the areas of marketing, group sales, on-park sales, pricing, staffing and a revised park master plan was presented to City Council during the September 12, 2005 Pre-Council meeting. Attached is a resolution recommending the adoption of the NRH20 Strategic Plan. Recommendation: To approve Resolution No. 2005-066. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Òd~~ Department Head Signature Account Number Sufficient Funds Avai a e Budget Director 127 .. Page 1 of 1 , . . . RESOLUTION NO. 2005-066 Whereas, NRH20 Family Waterpark is a full scale waterpark owned and operated by the City of North Richland Hills; Whereas, the City of North Richland Hills contracted with William L. Haralson and Associates to prepare an "Update to NRH20 Waterpark's Strategic Plan" for the purpose of guiding the operation and proposed capital improvements for the next five (5) years; and Whereas, the City Council of the City of North Richland Hills desires to adopt the plan prepared by William L. Haralson and Associates generally but desires to retain the right to make specific decisions regarding fee structure, capital improvements and operations on an annual basis. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS: The Update to NRH20 Waterpark's Strategic Plan prepared by William L. Haralson and Associates and presented at the Pre-Council Meeting on September 12, 2005 is hereby adopted. PASSED AND APPROVED this 26th day of September, 2005. 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 victk~ector of Parks and Recreation . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 9/26/05 Subject: Approve Water Course Maintenance AQreement with Graham Ranch Partners, Ltd. for the Graham Ranch Additions, Phases One and Two Agenda Number: GN 2005-096 The final plat for the Graham Ranch Addition - Phase One was approved by Council on September 12, 2005 (FP 2005-16) and the final plat for the Graham Ranch Addition - Phase Two was approved by Council on November 10, 2003 (PS 2003-43). One of Council's stipulations at the September 12, 2005 Council Meeting for the approval of the Graham Ranch Addition - Phase One was that the developer enter into a Water Course Maintenance Agreement 0NCMA) with the City for the 110' Common Open Space & Drainage Easement (COSDE) proposed between the two (2) additions. The purpose of the WCMA is to outline the maintenance responsibility of the Home Owners Association for the drainage channel shown on Exhibit A. This does not have anvthino to do with the offsite drainaae easement that was also a stipulation of the approval of the plat. The attached WCMA closely follows the City's standard WCMA and requires the Owner (initially, the developer) to regularly mow the COSDE between March 1 - November 15, remove noticeable sediment accumulation, and to pick up and remove debris after storm events. The WCMA also provides the City with recourse if the owner, its successors or assigns fails to maintain the COSDE in accordance with these requirements. Recommendation: To approve the Water Course Maintenance Agreement with Graham Ranch Partners, Ltd. For the Graham Ranch Additions, Phases One and Two. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Ävallaole Finance Director I / ,?-",,-,,/ Page 1 of _ . . . WATER COURSE NUUNTE NAN CE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plats titled "Graham Ranch - Phase r' approved on September 12,2005, and "Graham Ranch - Phase IT' approved on November 10,2003 ("Plats"), by the City Council of the City of North Richland Hills, Tarrant County, Texas, ("City"), Graham Ranch Partners, Ltd., by Rebel Properties, LLC, General Partner, Mark S. Wood, President ("Owner") was pennitted to develop the property legally described as Graham Ranch - Phase I and Graham Ranch - Phase II, on Exhibit "A" and Exhibit "B" attached hereto in accordance with the Plats, and; WHEREAS, as a condition to approval of the Plats, the City required construction of a drainage channel which shall be located in Block 1, Lot 34 (to the rear of Block 1, Lots 24 - 33), and Block 4, Lot 48 (to the rear of Block 4, Lots 43-47), legally described within Graham Ranch - Phase I and shown on Exhibit "A" attached hereto, and; WHEREAS, the City is willing to pennit the Owner to construct an earthen water course (the "Water Course") in accordance with the plans appr6ved by the City, as opposed to a concrete Water Course provided that the Owner agrees to perpetually maintain such earthen Water Course. NOW THEREFORE, Owner agrees as follows: 1. Owner shall construct, at its sole cost and expense, an earthen Water Course along the rear of Block 1, Lot 34(to the rear of Block 1, Lots 24-33), and Block 4, Lot 48 (to the rear of Block 4, Lots 43-47), as shown on Exhibit "A" hereto according to the plans approved by the City. Owner further agrees on behalf of itself, it's successors and assigns, including any homeowners associations created to carry out the Owners obligations and those of the owners of other portions of Graham Ranch - Phase I and Graham Ranch - Phase II to maintain in such water course as hereinafter set forth in Paragraph 2 hereof, and to reimburse the City for the cost of maintenance should such be necessary as set forth in Paragraph 3 hereof. 2. Owner shall maintain the Water Course in a prudent manner to minimize soil erosion and keep grass and vegetation mowed and maintained as follows: a. The Water Course area will be mowed at least once every three (3) weeks, between March 1 st - April 10th and between October 1 st - November 15th. b. The Water Course area will be mowed at least once every other week during the growing season between April 10th - October 1 st. Graham Ranch - Phases I and /I Water Course Maintenance Agreement Page 1 of 3 . . . c. Any debris which deposits itselfin the water course area will need to be picked up and removed after a stonn event or every six (6) months, if needed, whichever is more often. d. Any noticeable sediment accumulation in the water course area will be removed at least once annually if needed. e. The Public Works Director or his designee may grant exceptions to this maintenance schedule due to weather conditions, unusual situations or acts of God. 3. Should Owner fail to remedy any inadequacy in its maintenance of the Water Course within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by Owner upon written demand therefore. If Owner fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the property for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County land records. By acceptance of this agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from Developer pursuant to this agreement. 4. The agreement made herein shall be binding upon the Owner, its successors and assigns and shall be a covenant running with the land. 5. This agreement for maintenance shall terminate only if the Water Course is constructed with concrete in accordance with plans approved by the City. By acceptance of this Agreement, the City agrees to execute a recordable termination of this Agreement upon the City's acceptance of a concrete Water Course in accordance with this paragraph. Graham Ranch - Phases I and /I Water Course Maintenance Agreement Page 2 of 3 . Executed this the '87P day of 5E~~, 2005. Graham Ranch Partners, Ltd. By: Rebel Properties, L.L.C., General Partner By: STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on ,.& f1i~ g ,;¿ <j~ 5by Mark Wood, President, on behalf of said partnership. :~~~~~.~~f.{~% DEBORAH RODEN POWLEY : : : = Notary Public, State of Texas - - ;~." ....~¡ My Commission Expires ".'/... t~ ~ :. 4'11,,1:.~,1,,\''\; March 0 1, 2009 Jiv . ~L-~ Notary Public, State of Texas . -'3 -1- J..-()Q 9 Notary's Printed Name: .:J) (' 10 ~ ..- .~L R (ul -E --- P 'Ù t,..! , ~ Ý APPROVED BY: Commission Expires: City of North Richland Hills, Texas By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney for the City . Graham Ranch - Phases I and /I Water Course Maintenance Agreement Page 3 of 3 . .. 1~ Ilx ~ II 1·li~ -!I I¡i,~ illl! 111= .: i_I t' a ¡I I 111.1 :I~ 11~:.'t i! ~ 1.1111 Jilf' '~íl tl I~I:¡! ~f il.!bi d!ti I II Inl~1 Ii ; ~; 11+ It lul ~! 1,1- I . .~ nqc;s I I n ;!Ii !: . 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I ~ ~jf It.,; ~Il ISJ 1J1 !l~ , CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 9/26/05 Subject: Award of Bid to Wall Enterprises in the Amount of Agenda Number: PU 2005-038 $168,517 for the Construction of Parking Lot, Concrete Work, and Fence at the New Dog Park - Resolution No. 2005-067 The proposed FY2005/06 Parks and Recreation Capital Projects Program includes funding for the construction of a Dog Park facility which will be located within Northfield Park. The total proposed improvements for the Dog Park, which was designed by City staff, include a fenced two acre large-dog area, a fenced one acre small-dog area, a 33 car parking lot, and associated irrigation, turf establishment and signage. The master development plan also includes additional head-in parking along the entrance drive to the park which was included as an alternate. Six bids were received on September 9, 2005 as follows: Base Bid $103,845 $168,517 $207,400 $223,500 $259,585 $263,000 The bid submitted by Cole Construction contains an error. The contractor failed to include the required work in the base bid and has requested that his bid be rejected. The lowest, most qualified bid was submitted by Wall Enterprises in the amount of $168,517. Wall Enterprises, a Midlothian based company, has completed one project for the Parks and Recreation Department which was the retaining wall around the playground at Norich Park. The department was satisfied with the construction management and quality of the finished project. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account N mber 125-8510-604.79-03 ~ailable PK0502 Budget Director Finance Director ture Page 1 of 2 CITY OF NORTH RICHLAND HILLS The total approved project funding is $194,282. The remainder of the project funding is scheduled to be used for irrigation, turf establishment and signage which will be contracted separately. Although current project funding is not available to include the alternate, the additional parking will remain on the Master Development Plan for future consideration. It is planned that soon the City Council's Naming Committee will convene to consider an official name for the new Dog Park. Until such time as a recommendation can be considered we will continue to refer to the project as the Dog Park. Recommendation: To approve Resolution No. 2005-067. CITY COUNCIL ACTION ITEM Page 2 of 2 . . . RESOLUTION No. 2005-067 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HillS, TEXAS: Section1: THAT the City Manager is hereby authorized to execute a contract with Wall Enterprises for the Construction of a Parking Lot, Concrete Work, and Fence at the New Dog Park, as the act and deed of the City. PASSED AND APPROVED on the 26th day of September 2005. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: þ~ ., CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 9/26/05 Subject: Approve Professional Services Aareement with Davis & Agenda Number: PU 2005-039 Davis, Inc., in the Amount of $58,700 for the Group Pavilion Area Project at NRH20 Family Waterpark - Resolution No. 2005-068 The proposed FY2005/06 NRH20 Capital Projects Budget includes funding, in the amount of $695,000, for the design and construction of a Group Pavilion Area, associated amenities and infrastructure costs. The Group Pavilion Area was recommended in the recently updated NRH20 Strategic Plan. Included in the plan were several key recommendations which outlined strategies to reinforce and strengthen the success of the park. The Group Pavilion Area was highly recommended to bolster park attendance and revenue. The proposed improvements include the addition of large pavilions, consisting of permanent and temporary shade structures with seating that will be used for group outings and general seating. Multiple structures will be used to create a sense of separation while keeping the guests close to the park's attractions. The pavilions will be located northeast of the Splashatory and adjacent to the catering building enabling the park to hold off-season functions and events. With the existing pavilion and the new Group Pavilion Area, the park will be able to attract large corporate groups accommodating up to 1 ,200 people. Associated improvements include horseshoes, sand volleyball, landscaping and irrigation. This project will function in concert with the catering building currently in design. The Architect chosen for the design of the catering building was also Davis & Davis, Inc., Recreational Planning Consultants. They are an Arlington based firm with extensive experience in themed architecture. A contract for the design of the Group Pavilion Area Project has also been negotiated with Davis & Davis, Inc. in the amount of $58,700. In accordance with the City's Consultant Selection Policy, in lieu of soliciting Requests for Proposals, Davis & Davis was selected to perform the design work based on the following circumstances: - The Group Pavilion Area is supplemental and complementary to the catering building. - The catering building and the Group Pavilion Area involve shared utilities such as water, sewer, and electrical. - Both the Group Pavilion Area and the catering building will employ the same themed construction style. - Construction schedules are concurrent. Recommendation: To approve Resolution No. 2005-068. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 415-8513-712.79-01 nds Available Budget Director O~~!Head Signature ¿r- Page 1 of 1 ... . . . . RESOLUTION No. 2005-068 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HillS, TEXAS: Section1: THAT the City Manager is hereby authorized to execute a professional services agreement with Davis & Davis Inc., for the design of a group pavilion area at NRH20 Family Waterpark, as the act and deed of the City. PASSED AND APPROVED on the 26th day of September 2005. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: It Vickie Lottie ,Director of Parks and Recreation Underground storm drainage does not appear to be necessary. Domestic water and sanitary sewer are available within the work area. There appears to be an 8" water and an 8" sanitary sewer line in the project area. Efforts will be made to work around these existing utilities. This proposal does not include the ., " . . DAVIS & DAVIS INC. ~ RECREATIONAL PLANNING CONSULTANTS ~ 1 MASTER PLANNING ARCHITECTURE LANDSCAPE ARCHITECTURE Kim C. Davis, RLA, ASLA President kdavis@ddirpc.com Revised September 19, 2005 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT is made and entered by and between DAVIS & DAVIS, INC. RECREATIONAL PLANNING CONSULTANTS (hereinafter referred to as "DOl"), and the CITY OF NORTH RICHlAND HillS, TEXAS, (a municipal corporation (hereinafter referred to as "Owner"), to be effective from the date hereinafter provided. INTRODUCTION NRH20 Waterpark is currently in the process of evaluating long range master planning. This includes the development of an area to include a groups catering kitchen and groups dining area. This proposal provides for the development of design and construction documents associated with: · Demolition of existing parking and dumpster area. Installation of New: · Curbing · Parking · Walking Trail and Sidewalks · Miscellaneous Site Paving · Grading and Drainage · Landscaping and Irrigation · Fencing · Electrical and Site Lighting · Wet Utilities and Hose Bibs · Three (3) Metal Dining Shelters · Sand Volley Ball Area · Connecting Shade Structures · Specifying Site Furniture · Service Area Vehicle Turn a Round The professional services will include: · Architecture · Landscape Architecture · Electrical, and Plumbing Engineering · Civil Engineering · Structural Engineering 180S-A West Park Row Drive · Arlington, Texas 76013-3584, USA · Phone (817) 274-3871 · Fax (817) 274-3875 E-mail: info@ddirpc.com · Web: www.ddirpc.com 0:\001 Docs\OOI Project Folders\NRH 20\Groups Dining Area\Professional Services Agreement.doc I , . . . NRH20 Groups Dining Area Professional Services Agreement engineering to relocate the existing 8" water and sewer lines. If required these services will be treated as an additional service. SCOPE OF SERVICES The scope of services are consistent with the level of services necessary to implement the site plan (s) noted as attachments. Deliverables will consist of plans, specifications, notes and details required for design, permitting, bidding and construction of the groups dining area and associated site work as described herein. The services are planned to consist of three (3) phases: 1 . Design 2. Bidding 3. Construction DESIGN PHASE Due to the short duration of the project the design phase shall occur in two steps: Step 1) Prel i m i nary Design Step 2) Construction Documents Prel i m i nary Design shall consist of: · Existing Conditions Survey · Program Development · Preliminary Demo Plan · Preliminary Site Plan · Preliminary Grading Plan · Preliminary Fencing Plan · Preliminary Utilities and Site Lighting Plans · Preliminary Landscape Plan · Preliminary Cost Estimate · Preliminary Architectural Plans for Shelters and Specifying of Shade Structures · Preliminary Hardscape Plan · Preliminary Specifying of Site Furniture One meeting is estimated to occur. The Owner shall be provided three (3) sets of review prints at each meeting. The preliminary design documents will be reviewed with building permit plans examiners, prior to beginning construction documents. It is not anticipated to submit for site plan review. If needed, this submittal will be treated as an additional service. The Owner shall provide authorization to proceed into construction documents. The existing conditions survey shall be provided by the Owner. Construction Documents shall consist of: · Cover Sheet · Existing Conditions Survey · Demolition Plan · Site Plan · Grading and Erosion control Plan · Landscape and Site Amenities Plan / Specifying · Irrigation Plan 2 , NRH20 Groups Dining Area Professional Services Agreement · . · · · · · · · Arch itectural Documents for the Large Groups Pavi I ions, the Smaller Shade Structures wi II be a specification item Electrical documents for site power, site lighting, lighting and power for large group pavilions and coordination with utility company Plumbing documents for hose bibs Civil Engineering documents for grading, drainage, parking, turnaround areas, erosion control and wet uti I ities Structural Engineering for footings, retaining walls and for large group pavilions Hardscape plans and details Fencing plans and details Opinion of Probable cost Development of technical specifications and bid form with alternates is included. The owner shall supply the legal and general specifications. Approximately one meeting is estimated to occur. The owner shall be provided three (3) sets of review prints at each meeting. The documents shall be submitted for building permit application by the owner. The owner shall be provided a set of reproducible documents for printing of the building permit application documents. DOl shall submit plans to TDLR for accessibility permitting. Development of operational and facility use signage is excluded. Fire sprinkler design or specifying for the large pavilions or other shade structures is not included. The documents produced under separate contract for the catering and serving buildings will be incorporated into this set for bidding and construction. BIDDING: (The following services are included unless noted otherwise) .' · · · · · · Provide owner with a maximum 12 sets of plans for bidding. The owner shall advertise and distribute plans. DDI shall attend a pre-bid meeting. Answer questions and interpret drawings during the bidding period. The owner shall receive all bids. Attendance at the bid opening is included. Prepare and distribute any required addendum. Analyze the bids and make a written recommendation to the owner for awarding a contract. CONSTRUCTION ADMINISTRATION: (The following services are included unless noted otherwise) · Provide advice to the owner. · Attend monthly construction meetings through the course of construction. Additional site visits will be made as project timing requires. · Preparation of elementary and supplementary sketches required to resolve field conditions. · Approve submittals and shop drawings submitted by the contractors for conformance with the design concept. · Review certificates for payment submitted by the contractor. · Prepare change orders for the owner approval and execution. · Coordinate final site walk through with the owner at the conclusion of the construction and provide a punch list to the contractor to complete the project. ADDITIONAL SERVICES: . In the event that an additional service is required which is not part of this proposal DOl shall submit an addenda to this proposal for approval by the owner prior to an additional service being performed. Geotechnical soils study is not expected to be needed. 3 NRH20 Groups Dining Area Professional Services Agreement . SCHEDULE Upon acceptance of this proposal as a contract 001 will meet with City Staff to establish a project schedule. FEES AND RATES The fee structure for this project is shown as a lump sum fee. There is a breakdown for the value of professional services. The total lump sum fee is: $58,700.00, plus reimbursable expenses, with the following allocations: Professional Services: Design Phase: $49,895.00 Bidding Phase: 2,935.00 Construction Phase: 5,870.00 A breakdown of the fees associated with each consultant will be provided at the time of the first invoice. All reimbursable expenses will be invoiced at cost. Reimbursable expenses include reproduction expenses associated with plans and specifications for review and plan distribution associated with project reviews, bidding, permitting and construction. Additional reimbursable expenses include submittal fees, permit application fees, mailing or couriers and outside consultants not part of this proposal. All invoicing shall occur on a percentage of completion basis within each phase for a standard monthly billing cycle. All invoices are due upon receipt. Non-payment of an invoice within the billing cycle may result in a cease of work until the outstanding invoice is brought up to date. . IN WITNESS WHEREOF, the parties have executed this professional services agreement upon the year and ereto. CITY OF NORTH RICHLAND HILLS By: Larry J. Cunningham, City Manager Date: ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: George Staples, Attorney for the City . 4 ~ - "" CITY OF NORTH RICHLAND HILLS Department: Subject: Fire Approve Professional Services Agreement with Quorum Architects, Inc. in the amount of $56,600 for the Engineering and Design of the Fire Training Facility - Resolution No. 2005-069 Council Meeting Date: 9/26/05 Agenda Number: PU 2005-040 The purpose of this item is to seek the Mayor and Council's approval for the City Manager to enter into a professional services agreement with an architectural firm for the engineering and design of the proposed Fire Training Facility adjacent to Fire Administration. Budaet The Fire Training Facility project was one of the City projects approved by voters in the February 2b03 Bond Election. The Capital Project Budget is $750,000, with $675,000 for construction and $75,000 for design and engineering. The Selection Process A Professional Services Selection Committee was formed to evaluate the firms responding to the City's Request for Qualifications for the engineering and design of the Fire Training Facility. The Committee consisted of Fire Chief Andrew A. Jones, Jr., Assistant Fire Chief Kirk Marcum, Assistant to the City Manager, Richard Abernethy, Engineer Associate Caroline Waggoner, and Purchasing Agent Donna Enos. The Selection Committee went through a multi step process to evaluate three firms which provided us with packets expressing interest in engineering and designing the Fire Training Facility for our City. The final results of the evaluation process identified which firm would be most capable to engineer and design this project. The three firms are listed below in order of their ranking based on a scoring methodology agreed upon and applied by each Committee Member. 1. Quorum Architects, Inc. 2. Brinkley and Barfield 3. Baird, Hampton and Brown Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available Finance Director tr Page 1 of 2 CITY OF NORTH RICHLAND HILLS The Finalist Quorum Architects, Inc. is an architectural corporation founded in May 1992, composed of architects, designers and other professionals. Located in Fort Worth, they are only a few minutes from North Richland Hills. Their design team would be led by David Duman, AlA, who has twenty years of experience in designing Municipal Projects. Quorum Architects, Inc. proposes to use the sub-contract services of G2 Solutions Group, a firm with extensive experience in the design of live fire training facilities·. The terms of the proposed agreement were negotiated by the following staff members: Richard Torres, Assistant City Manager, Andrew A. Jones, Jr., Fire Chief and Kirk Marcum, Assistant Fire Chief. The fees for professional services are $56,600, plus reimbursable expenses. The City Attorney has r~viewed the proposed agreement and appropriate recommended changes have been incorporated. Recommendation To approve Resolution No. 2005-069. CITY COUNCIL ACTION ITEM P::.n,:\ ? nf ? Resolution No. 2005-069 . BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: The City Manager be, and is hereby authorized to execute a Professional Services Agreement with Quorum Architects, Inc. in the amount of $56,600 for the engineering and design of the Fire Training Facility, as an act and deed of the City. . PASSED AND APPROVED this the 26th day of September, 2005. Oscar Trevino, Mayor ATTEST: e Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: e . PROFESSIONAL SERVICES AGREEMENT Between the City of North Richland Hills and Quorum Architects Inc. For the Live Fire Training Facility ITEM ONE: PROJECT DESCRIPTION 1 . Expand existing concrete paved area at the Central Fire Station to provide a Live Fire Training Facility. The Design and Construction documents shall be based on Owner direction, information provided by the users, and all governing jurisdictions. ITEM TWO: DOCUMENTS e 1. Architect will provide design and construction documents for architectural, civil, structural, mechanical, electrical and plumbing for this project. Ownership of the design, documents will belong to the Owner. All reports, drawings, plans, specifications, computer files, field data, notes and other documents and instruments prepared by the Architect as instruments of service shall remain the property of the Architect. 2. All design and construction documents will be provided in AutoCAD format, as well as printed format as required for bidding, construction and Owner use. ITEM THREE: ARCHITECT'S BASIC SERVICES Site Survey and Civil Design- Architect's consultant will perform a site survey to establish horizontal and vertical control, and to locate existing features on site. Additional civil documents to be developed will include the following: · Site Layout and Dimensional Control Plan · Concrete Paving and Jointing Plan · Erosion Control Plan · Storm Water Pollution Prevention Plan · Drainage Analysis and Drainage Plan · Site Utilities Plan · Grading Plan · Detail Sheets and Specifications . . Design and Layout - Architect will layout and design this project in accordance with the prevailing design direction and prototype provided by the Owner. Architect will be responsible for coordination with Owner for design layout and equipment. The Design T earn will meet with representatives of the North Richland Hills Fire Department to review proposed training building operations and objectives. Discussions to include: · NFPA 1401 and 1402 Guidelines · Interior Room Design · Exterior Access and Openings · Live Fire Training Props Architect will coordinate the design with the burn building providers and will integrate any comments into the final design. Anticipated drawings include the following: · Cover sheet and General design criteria and site layout · Floor Plan sheet · Exterior Elevations · General Building sections · Preliminary electrical information · Preliminary Structural e Construction Documents - Upon approval of design drawings, architect will prepare the construction documents for the Owner's use in pricing and construction. Construction Documents will include architectural, civil, structural, electrical and plumbing engineering drawings as required. Architect will also assist in any other required agency approvals. It is anticipated that the structural design will be limited to foundation design and second floor design as the building structure design will be part of the burn building design and will be indicated in the form of performance specifications. Specifications to be prepared include: · Pre-Engineered Building with natural stone exterior · Live Fire Training Props · High Temperature Lining system · Miscellaneous Training Building accessories Bidding and Negotiation - Architect will assist Owner with soliciting and obtaining bids for construction of this location. This would include answering questions related to the project, issuing bid addendums as needed for clarification, and attending the bid opening. . . Construction Administration - Architect's Basic service will include the following Construction Administration services: · Review and preparation of RFI responses · Preparation and submittal of Architectural Sketches (ASI) · Review and approval of project submittals including, shop drawings, product information, deferred approvals, material samples, mock-ups etc. · Preparation and distribution of site visits reports by all TEAM members · Attendance of site construction meetings as scheduled · Preparation and distribution of construction punch list · Review of contractor payment applications · Review of contractor on-going documentation including, As-Built drawings, schedule, agency approvals, subcontracting, etc. If additional construction administration services are required by Owner, they will be billed as additional services at the hourly rates listed below. . 1. Additional Services - Architect will provide additional services if directed by the Owner. These additional services may include Handicap accessibility submittals, Energy Code compliance and additional visits to the job site throughout the design and construction period. Compensation for these additional services will be per the "Hourly Rate Schedule" shown below. 2. Project Schedule - Architect will provide Survey, Layout and Construction documents for delivery to the Owner within 6 weeks of signed agreement based on a 3 day review time by the Owner for Preliminary Design. ITEM FOUR: PROFESSIONAL DESIGN FEE Compensation for Basic Architectural and Engineering Services shall be a lump sum fee of Fifty-six thousand six hundred dollars ($56,600.00) as set forth in the breakdown below. 1. 2. 3. Site Survey / Design and Layout Construction Documents and bid Construction Contract Admin Total = $ 15,000 = $ 30,600 = $11,000 = $56,600 e 1. Reimbursable Expenses: Architect will use the services of Mark Graham, G2 Solutions Group, whose services (including 4 site visits) will be a part of the architect's basic services. Reimbursable expenses shall be in addition to compensation for Basic and Additional Services and include authorized out-of-town travel (from G2 Solutions Group) beyond the agreed upon 4 site visits under basic services, long distance communications, reproduction of documents, postage and shipping, and fees paid for approvals of authorities having jurisdiction over the project. All reimbursable expenses will be invoiced with a 10% mark up of direct cost incurred by the architect. 2. Billings/Payments: An invoice for services rendered will be sent at completion of work or on a monthly basis whichever occurs first. I nvoices shall be payable within 30 days after the invoice date. ITEM FIVE: HOURLY RATE SCHEDULE 1. It is specifically understood and agreed upon that the fee quoted covers performance of outlined services after authorization to proceed with the final work. Any changes or revisions to the final submitted documents will be billed on an hourly basis as described below. Project Principal Project Associate Project Manager Project Architect Intern Architect Project Staff Project Clerical $ 135.00/Hour $ 125.00/Hour $ 115.00/Hour $ 96.00/Hour $ 72.00/Hour $ 54. DO/Hour $ 46.00/Hour . . ITEM SIX: ADDITIONAL INFORMATION 1 . The architect and his consultants shall not be responsible for delay during construction caused by circumstances beyond its reasonable control, nor for delay which may be occasioned by actions which are required in the exercise of usual and customary professional care. The architect shall not be liable for damage arising out of any such delay, nor deemed to be in default of this Agreement as a result thereof. 2. ARCHITECT, its officers and employees agree to indemnify and hold harmless the CITY, at ARCHITECT'S cost, its officers, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind of character, arising out of or in connection with the performance by the ARCHITECT of those services contemplated by the CONTRACT, based upon negligent acts or omissions of ARCHITECT, its officers, employees, consultants and subcontractors, caused solely by the ARCHITECT, its officers, employees, consultants or subcontractors. ARCHITECT agrees that he is solely responsible ·for the safety of himself and his employees in the performance of this CONTRACT and agrees to indemnify and hold harmless CITY, its officers and agents from and against any liability arising from the personal injury or death of the ARCHITECT or the employees of the ARCHITECT arising out of or in connection with this CONTRACT. e 3. ARCHITECT shall secure and maintain insurance that will protect him from claims under the Worker's Compensation Act (statutory amounts).ARCHITECT shall secure and maintain Commercial General Liability Insurance that will protect him from claims for bodily injury, death or property damage which may arise from the performance of his services under this CONTRACT, in the following amounts: ARCHITECT shall provide insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 annual aggregate for bodily injury or death and property damage. ARCHITECT shall maintain Comprehensive Automobile Liability Insurance covering all owned, non-owed, and hired vehicles with combined single limit coverage of $1,000,000 for bodily injury, death or property damage. ARCHITECT shall maintain, at no expense to CITY, a professional liability (errors and omissions) insurance policy placed with a company rated at least A- Nil by Best's Key Rating Guide, authorized to do business in Texas. This coverage must be maintained for at least two (2) years after the PROJECT is complete. However, at its sole discretion, the CITY may accept coverage written on a claims-made basis if the policy provides for a retroactive date equivalent to the inception date of the CONTRACT or earlier, maintained during the full term of the CONTRACT. The minimum limits of coverage shall be not less than one million dollars ($1 ,OOO,OOO).AII policies, except Worker's Compensation and Professional Liability, shall name the CITY as additional insured. All policies shall contain a waiver of subrogation in favor of the City and shall require the giving of written notice to CITY at least thirty (30) days prior to cancellation, non-renewal of any policies, evidenced by return receipt of United States Certified Mail. ARCHITECT shall furnish CITY with copies of said policies or certificates evidencing such coverage. 4. Owner shall provide any Geotechnical reports, notes, memos, cost projections, or code information that may useful to the Architect in preparation of the drawings. . . 5. The Architect shall not be required to execute any document that would result in its . certifying, guaranteeing or warranting the existence of conditions whose existence the Architect cannot ascertain through the use of commercially reasonable means. Any additional cost for this service shall be billed to the Owner, as a reimbursable expense. 6. The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site. ITEM· SEVEN: ACCEPTANCE I, as Owner or Owner's representative, hereby acknowledge that I have read the items covered in the proposal and agree to retain the services of Quorum Architects, Inc. as outlined above. The appropriate signature below and return of one copy will acknowledge acceptance of this proposal. C~ty of North Richland Hills Date David G. Duman, AlA Senior Associate - Registration #14305 Quorum Architects, Inc. Date e . ~." : t CITY OF NORTH RICHLAND HILLS ., Department: Public Works Council Meeting Date: 9/26/05 Subject: Approve Final Payment to McClendon Construction Co., Inc. Agenda Number PAY 2005-006 in the amount of $43,518.92 for the Lola Drive (Scott Dr. to Davis Blvd.) and Galway Lane (Emerald Hills Way to Park Entrance) Project Lola Drive (Scott Drive to Davis Boulevard) and Galway Lane (Emerald Hills Way to Park Entrance) are Capital Improvement Projects from the 2003 Bond Program. The projects consisted of the reconstruction of each street with new concrete pavement, storm drain and utility improvements. The project was awarded by Council on April 12, 2004, PW 2004-009 for a total of $846,219.85 to McClendon Construction Co., Inc. Council approved Change Order NO.1 in the amount of $57,767.00 on February 28,2005 (PW 2005-002) for Galway Lane storm drain improvements, increasing the total cost of the project to $903,986.85. Final payment will make the contractor's total earnings (including Change Order No.1) on the project $861 ,591.02, which is $42,395.83 under the contract amount. The cost savings are attributable to reductions in the quantities of certain pay items due to modifications of the design resulting from field conditions and unused miscellaneous funds. The project is now complete with all final adjustments having been made. Recommendation: To approve final payment in the amount of $43,518.92 to McClendon Construction Co., Inc. Finance Review Source of Funds: Bonds (GO/Rev.) 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Council Meeting Date: 9/26/2005 Subject: Approval of 2005 Certified Tax Roll - Resolution 2005- 071 Agenda Number: GN 2005-098 Tarrant Appraisal District has provided the City with the 2005 Certified Tax Roll information. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons; abatement value losses; freeport inventory value loss; and agricultural value losses. These values also include new construction, the minimum value of properties still under protest, and the estimated net taxable value of incomplete properties. The certified values for the City of North Richland Hills are $3,295,289,253. This is the amount used to calculate the effective tax rate and property tax revenues for the fiscal year 2005/2006 budget, and it is recommended to be certified and accepted by the City Council. Recommendation: To approve Resolution 2005-071 and the Certified Tax Roll in the amount of $3,295,289,253 for the tax year 2005. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other . ~ i/~ ~ D~ artment Head Si nature Account Number Sufficient Funds Available \ .. . RESOLUTION NO. 2005- 071 WHEREAS, the City Council of the City of North Richland Hills, Texas received the Ad Valorem Tax Rolls for the year 2005 from Tarrant Appraisal District in the amount of net taxable value of $3,295,289,253 including minimum value of properties pending disposition before Appraisal Review Board and the estimated net taxable of incomplete properties; and WHEREAS, the City Council studied said Tax Rolls and approved same on September 26, 2005. NOW THEREFORE, be it resolved by the City Council of the City of North Richland Hills, Texas that: 1. The approval of said Tax Rolls received from Tarrant Appraisal District in July 2005, be and is hereby ratified and said Tax Rolls shall collectively be considered the Tax Roll of this City for 2005 and it is hereby in all things adopted and approved. PASSED AND APPROVED the 26th day of September 2005. . APPROVED: T. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples - Attorney for City APPROVED AS TO CONTENT: . Karen Bostic - Managing Director "" CITY OF NORTH RICHLAND HILLS Department: BudQet & Research Council Meeting Date: 9/26/2005 Subject: AdoptinQ the 2004/2005 Revised BudQet and 2005/2006 Agenda Number: GN 2005-099 Budget - Ordinance No. 2850 The proposed budget for 2005/2006 was filed with the City Secretary's office on July 28, 2005. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State Law. The 2005/2006 General Fund budget is based on the 57¢ tax rate which is the existing rate for the current fiscal year. Revisions to the 2004/2005 revenues and expenditures have been made to reflect the most current estimates for this fiscal year. The Budgeted Operating Expenditures are: Fund 2004-2005 Revised General Fund Debt Service Fund Utility Fund Golf Course Fund Aquatic Park Fund Promotional Fund Donations Fund Special Investigation Fund Drainage Utility Fund Parks & Recreation Fund Crime Control District $32,930,927 8,817,046 20,972,895 2,229,992 3.442,291 262,423 202.301 392,248 730,767 4.359,058 4,702,562 2005-2006 Proposed $33,421,400 8,272.243 21.665,005 2,175,914 3,595,287 233,413 116,090 378,183 711 ,368 4,286,362 4,702,633 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ~ ~f~ De artment Head Si nature Page 1 of L CITY OF NORTH RICHLAND HILLS The Budgeted Capital Projects Expenditures are: Fund 2005-2006 Proposed Street & Sidewalk Projects Drainage Projects Utility Projects Parks & Recreation Projects Aquatic Park Projects Municipal Facility Projects Major Capital Equipment Program CIP Personnel-Operating Overhead Costs $5,868,950 2,937,360 1,772,000 4,352,139 1,216,100 1,807,250 2,121,390 1,253,054 $21,328,243 The City of North Richland Hills Crime Control and Prevention District Board of Directors conducted a budget work session on July 29-30, 2005 to review the 2004/2005 Revised Budget and the Proposed 2005/2006 Budget. As required by law, legal notices were published. The Board met and held a public hearing August 22, 2005 prior to the City Council meeting. The Board recommended that City Council approve and adopt both the revised and proposed budgets. The Park and Recreation Facilities Development Corporation Board of Directors met on August 15, 2005 to review the Proposed 2005-2006 Budget. The Board conducted a public hearing prior to the City Council meeting on August 22. 2005. The Board approved the Proposed 2005/2006 Budget. As required by law, all legal notices were published. Recommendation: To approve Ordinance No. 2850· adopting the 2005-2006 Budget for all funds and the revisions to the 2004/2005 Budget for all funds. CITY COUNCIL ACTION ITEM Page ~ of ~ .. . ORDINANCE NO. 2850 AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006, FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS; ADOPTING THE AMENDED BUDGET FOR OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005, AND PROVIDING FOR INVESTMENTS AND TRANSFERS. WHEREAS, in accordance with Section 102.001, et seq., TEX. Lac. Gov'T CODE, the City Manager submitted to the City Council a budget for 2005-2006, and the Council determined that a public hearing should be held at a time and place which was set forth in a notice published as required by law; and, WHEREAS, such public hearing on the budget was duly held on August 22, 2005, and all taxpayers were given an opportunity to attend and participate in such public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: Section 1: . Section 2: Section 3: Section 4: THAT the budget for the City of North Richland Hills, Texas, for the fiscal year beginning October 1, 2005, and ending September 30, 2006, in words and figures as shown therein, is adopted and approved as filed herewith. A copy of the approved budget shall be filed with the City Secretary. THAT the City Manager be and is hereby authorized to make inter- departmental and inter-fund transfers during the fiscal year as deemed necessary in order to avoid over-expenditure of particular accounts. THAT the City Manager or his designee be and is hereby authorized to invest any funds not needed for current use in any lawful manner. Interest accrued from investments shall be deposited to the interest income account of the funds from which the principal was invested. THAT the amended budget for the City of North Richland Hills for the fiscal year beginning October 1, 2004, and ending September 30, 2005, filed herewith is hereby adopted and approved. A copy of the amended budget shall be filed with the city secretary. AND IT IS SO ORDAINED. Passed on this 26th day of September, 2005. . Ordinance No. 2850 Page 1 of 2 . . . . 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: Drew Com, Budget Director Ordinance No. 2850 Page 2 of 2 ~\ CITY OF NORTH RICHLAND HILLS . Department: BudQet & Research . . Council Meeting Date: 9/26/2005 Subject: AdoptinQ the Tax Rate for Tax Year 2005 Ordinance No. 2851 Agenda Number: GN 2005-097 The notice of public hearing on the tax increase was published in the Star Telegram newspaper on August 12, 2005; the notice of effective tax rate, on August 15, 2005; and the notice of vote on tax rate, on September 14, 2005 all in accordance with State law. The proposed 2005/2006 tax rate for the City of North Richland Hills is 57¢ per $100 of valuation. The proposed rate of 57¢ is an increase of 1.66% over the effective tax rate. The proposed rate of 57¢ is broken down into two parts as follows: 34.4324¢ 22.5676¢ for the purposes of maintenance and operations for the payment of principal and interest on debt of the City Recommendation: To adopt Ordinance No.2851 setting the tax rate for the 2005/2006 fiscal year at 57¢ per $1 00 valuation. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ¡Iv L ~ D1 artment Head Si nature Account Number Sufficient Funds Available Page 1 of . ORDINANCE NO. 2851 AN ORDINANCE SETTING THE TAX RATE FOR THE CITY OF NORTH RICHLAND HILLS FOR THE 2005-2006 TAX YEAR. WHEREAS, the City of North Richland Hills has followed the procedures established by the Property Tax Code, including the publishing and posting of required notices and the holding of required public hearings; and, WHEREAS, the City Council has approved separately each of the two components of the tax rate hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT there shall be and there is hereby levied the following taxes on each One Hundred Dollars ($100.00) of valuation on all taxable property within the City of North Richland Hills, Texas, to be assessed and collected for the year 2005-2006 for the purposes hereinafter stipulated, to-wit: (a) For operations and maintenance levied on the $100.00 valuation: $0.344324; and . (b) For the interest and sinking fund levied on the $100.00 valuation: $0.225676. TOTAL: $0.570000 Section 2: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS OF A $100,000.00 HOME BY APPROXIMATELY $11.00. AND IT IS SO ORDAINED. Passed on this 26th day of September, 2005. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor . Ordinance No. 2851 Page 1 of2 . ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Drew Corn, Budget Director . . Ordinance No. Page 1 of2 /~ CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 9/26/05 GN 2005-100 Subject: Approve Interlocal Cooperation AQreement with the North Agenda Number: Central Texas Council of Governments for Operation of Commuter Rail Service(Trinity Rail Express) The Interlocal Cooperation Agreement with the North Central Texas Council of Governments (NCTCOG) for the operation of the Trinity Rail Express (TRE) is being presented to all of the mid-cities that do not fund the TRE through sales tax. The cities being asked to execute this agreement are Arlington, Bedford, Colleyville, Euless, Grand Prairie, Grapevine, Haltom City, Hurst, and North Richland Hills. NCTCOG will be executing separate agreements with each of the above participating cities. The previous Interlocal Cooperation Agreement with all the mid-cities expired September 2004. NCTCOG has completed their ridership surveys and meetings with all of the participating cities and is now ready to execute the new agreement. . The purpose of this agreement is to allow those cities that do not fund the TRE through sales tax to assist with ongoing operation and maintenance (O&M) costs through this agreement. Each city's share of the O&M costs is based on a ridership survey that determined how many residents from each city rode the TRE. The results of the survey showed that 1.70/0 of riders on the TRE were North Richland Hills' residents. Based on that percentage, the City's O&M cost would be $67,946. Attachment #1 in the agreement shows the annual cost allocation for each city. Below are key points pertaining to the agreement. · The City's share of $67,946 will be paid on an annual basis for FY 2005, FY 2006 and FY 2007. · North Richland Hills will pay 50% of the payment at the six-month mark, with the final payment at the end of the fiscal year. The FY 2005 payment will be paid in full with the execution of the agreement. · NCTCOG will use the funds paid by the cities to leverage federal funds available to the region. · This agreement shall be in effect until September 30, 2007. Sufficient funds are available in the 2004/2005 Operating Budget. Recommendation: To approve the Interlocal Cooperation Agreement with the North Central Texas Council of Governments for operation of commuter rail service. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other . JA- C-j' '1/ \ï 1. ~ . ~ · d Department Head Signature ~ Page 1 of _ .. . INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF NORTH RICHLAND HILLS for OPERATION OF COMMUTER RAIL SERVICE WHEREAS, the North Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC) have actively worked to implement commuter rail service in the area and facilitate the contribution by cities that are not members of a Transportation Authority to the operational costs of commuter rail services; and, WHEREAS, the Regional Transportation Council Trinity Railway Express (TRE) Monitoring Subcommittee was appointed by the RTC to meet on an as-needed basis to monitor policy issues related to the TRE service and the collection of operating funds for the service; and, WHEREAS, it would be beneficial to the citizens of the City of North Richland Hills to have access to commuter rail service connecting the Cities of Dallas and Fort Worth with each other and with Dallas-Fort Worth International Airport to relieve traffic congestion, provide transportation opportunities, and aid in attaining federal air quality standards; and, . WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Dallas Areas Rapid Transit (hereinafter referred to as "DARTII) and the Fort Worth Transportation Authority (hereinafter referred to as lithe TII), both metropolitan transportation authorities created and existing pursuant to Chapter 452 of the Texas Government Code (hereinafter referred to jointly as the IITransportation Authoritiesll), may exercise jointly the power to provide governmental services for the public health, safety, and welfare; and, WHEREAS, pursuant to Article 1182k, Texas Revised Civil Statutes, all railroad-related activities by public agencies, separately or jointly exercised, are public and governmental functions for the public purpose and necessity; and, WHEREAS, the Transportation Authorities have entered into an Interlocal Cooperation Agreement to define their respective rights and responsibilities regarding the provision of commuter rail service along the Trinity Railway Express Corridor and have begun commuter rail service as the Trinity Railway Express; and, WHEREAS, NCTCOG and the City of North Richland Hills desire to enter into an agreement to define their respective rights and responsibilities regarding cost sharing for the operation of the Trinity Railway Express; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: . Interlocal Agreement Page 1 of 8 . Article 1. DEFINITIONS: 1.1 ItCommuter rail servicelt means operating passenger trains for commuters by, or under the control of, the Transportation Authorities. 1 .2 ItCapital improvementlt means any addition to the asset base of either Transportation Authority (1) for the sole benefit of and utilization by the commuter rail service, or (2) representing the proportionate share of joint facilities benefiting, or utilized on behalf of, Commuter Rail Service. 1.3 "Maintenance of way" means the labor, material, tools, and equipment required to maintain all aspects of the railroad tracks, structures, signals, and communications in the TRE Corridor. 1.4 ItBoards" means the Board of Directors of DART and the T. 1.5 "Best efforts" means one party's use of all reasonable exertions to fulfill the obligations of that party under this Agreement. It does not mean an obligation to attempt to fulfill the obligations of any other party. 1.6 "Capital costs" means the costs to plan, engineer, design, purchase, and construct the facilities, equipment, and systems for the commuter rail service that may be depreciated in accordance with standards set by the Federal Accounting Standards Board. . 1.7 "Operational costs" means any cost of operating the TRE that is not a "capital cost. " Article 2. ORGANIZATIONAL RELATIONSHIPS: 2.1. North Central Texas Council of Governments and Reaional Transportation Council: The North Central Texas Council of Governments (hereinafter referred to as "NCTCOG") is the Metropolitan Planning Organization for the North Central Texas region including Dallas, Fort Worth, and the City of North Richland Hills. The North Central Texas Council of Governments is authorized by law to conduct coordinating and technical studies as may be required to guide the unified development of the area, eliminate duplication, and promote economy and efficiency through areawide planning. The Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation and is charged with the responsibility of preparing and maintaining the Metropolitan Transportation Plan and Transportation Improvement Program for the Dallas-Fort Worth Metropolitan Area in accordance with applicable federal regulations. . Interlocal Agreement Page 2 of 8 . 2.2 Trinitv Railway Express Monitorina Subcommittee: The Trinity Railway Express Monitoring Subcommittee (TREMS) was created by the RTC to monitor and advise on the provision of commuter rail services by TRE between the cities of Dallas and Fort Worth. 2.3 Trinity Railway Express Advisorv Committee: DART and the T created the Trinity Railway Express Advisory Committee (TREAC) to assist the Boards on policy, budget issues, and service levels for TRE. A non-voting representative from the Trinity Railway Express Monitoring Subcommittee shall be nominated by the subcommittee and appointed by the Regional Transportation Council to the Trinity Railway Express Advisory Committee. Notice of all TRE Advisory Committee meetings, agendas, and copies of supporting materials shall be provided to the TRE Monitoring Subcommittee representative appointed by the RTC to the TRE Advisory Committee. 2.4 Companion Aareements: NCTCOG will enter into companion agreements with the cities identified in Attachment 1 . . NCTCOG will also enter into a companion agreement with the Fort Worth Transportation Authority and Dallas Area Rapid Transit to disburse the funds collected by NCTCOG from the cities listed in Attachment 1, including the City of North Richland Hills. Article 3. OPERATIONS AND MAINTENANCE: 3.1 Service Schedules: Service levels shall be determined by the Transportation Authorities. 3.2 Service Quality: The Transportation Authorities shall develop and establish the procedures to implement and ensure that the highest possible quality of service, consistent with the budget, is provided. 3.3 The City of North Richland Hills or TREMS may suggest or request changes or additions to the service schedules at any time, but such requests should be made during the formation of the annual TRE operating budget and should be addressed to the Director, TRE or brought to the TREAC by the representative appointed pursuant to paragraph 2.3 above. . Interlocal Agreement Page 3 of 8 Article 4. COST SHARING FOR CONTINUING OPERATIONS: . General: 4.1 The parties recognize that the commuter rail service contemplated under this Agreement will create ongoing costs for operation of the service and maintenance of the assets used in its provision, as well as other recurring expenses. Such costs include compensation of Trinity Railway Express staff employed or contracted by the Transportation Authorities. 4.2 Starting in first fiscal 2005 and continuing for the duration of this Agreement, the cities participating in this cost sharing process agree to pay a fixed amount of approximately $721,000 annually to provide the operating funds outlined above. 4.3 The city allocation of costs will be based on the allocation shown in Attachment 1 and will remain fixed during the contract period. 4.4 The parties agree that the City of North Richland Hills will contribute its share of the costs, as outlined in Attachment 1, for FY 2005, FY 2006, and FY 2007. Notwithstanding the foregoing, the parties herein also recognize that the continuation of any contract or agreement after the close of any given fiscal year of the City of North Richland Hills shall be subject to North Richland Hills City Council approval. . 4.5 The City of North Richland Hills will make a 50 percent payment at the six-month mark of the appropriate fiscal year with a final payment due at the end of the fiscal year. Article 5. USE OF FUNDS: 5.1 The Parties agree that NCTCOG may use the funds, contributed by the cities as outlined in Attachment 1, to leverage federal funds available to the region to implement regional air quality projects to assist in attainment of the national ambient air quality standards. Article 6. TERM AND TERMINATION: 6.1 Effective Date: The effective date of this Agreement shall be the date on which it is executed by the parties. 6.2 Term: This agreement shall be in effect until September 30, 2007, and may be renewed by written agreement of the parties. . Interlocal Agreement Page 4 of 8 . 6.3 Mutual Termination: The parties may terminate this Agreement by mutual agreement at any time. 6.4 New Transportation Authoritv: In the event any city identified on Attachment 1 joins an existing transportation authority or becomes or forms a new transportation authority with a dedicated source of funding for transit, the obligations under this Agreement for that city shall cease on the day the funding begins. The City's obligation under this agreement shall be transferred to the existing or new transportation authority. Article 7. MISCELLANEOUS PROVISIONS: 7.1 Force Maieure: . It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by reason of war, civil commotion, act of terrorism, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. 7.2 Contractual Relationship: It is specifically understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.3 Counterparts: This Agreement may be executed in multiple counterparts. Each such counterpart shall be deemed an original of this Agreement, so that in making proof of this Agreement, it shall only be necessary to produce or account for one such counterpart. . Interlocal Agreement Page 5 of 8 . 7.4 Complete Aareement: This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified, or supplemented only by an instrument or instruments in writing executed by all of the parties. 7.5 Captions: The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.6 Governina Law and Venue: . 7.7 This Agreement and all agreements entered into in connection with the transactions contemplated by this Agreement are, and will be, executed and delivered, and are intended to be performed in the County of Dallas and the County of Tarrant, State of Texas, and the laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. In the event of litigation between the parties hereto, their successors or assigns, with regard to this Agreement and any subsequent supplementary agreements or amendments, venue shall lie exclusively in either Tarrant County or Dallas County, Texas. Severabilitv: In the event anyone or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforcibility shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the parties. 7.8 Chanaed Circumstances: . If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. Page 6 of 8 Interlocal Agreement . Enforcement: 7.9 If any party initiates an action to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the other parties all reasonable and necessary costs and expenses, including reasonable attorneys' fees and costs incurred in connection with such action. 7.10 Survival: All of the terms, conditions, warranties, and representations contained in this Agreement shall survive, in accordance with their terms, and shall survive the execution hereof. 7.11 Incorporation of Exhibits and Schedules: All Exhibits and Schedules attached hereto are by this reference incorporated herein and made a part hereof for all purposes as if fully set forth herein. Reference: 7.12 . The use of the words "hereof", "herein", IIhereunderll, and words similar import shall refer to this entire Agreement, and not to any particular section, subsection, clause, or paragraph of this Agreement, unless the context clearly indicates otherwise. Further Assurances: 7.13 Each party agrees to perform any further acts and to sign and deliver any further documents which may be reasonably necessary to carry out the provision of this Agreement. 7.14 Notice: Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal, or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the address(es) shown below: If to NCTCOG North Central Texas Council of Governments Attn: Michael Morris, P .E. Post Office Box 5888 Arlington, Texas 76005-5888 If to the: City of North Richland Hills . Interlocal Agreement Page 7 of 8 . 7. 15 Indemnification: To the extent allowed by Texas law, the City of North Richland Hills covenants and agrees to indemnify and hold harmless and defend and do hereby indemnify, hold harmless, and defend NCTCOG, from and against negligence claims or lawsuits for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the City of North Richland Hills, their officers, employees, and contractors, related to the performance of this agreement. To the extent allowed by Texas law, NCTCOG covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend the City of North Richland Hills, their officers, employees, and contractors, from and against claims or lawsuits for damages arising out of the performance of this agreement as a result of any negligent act or omission on the part of the NCTCOG, their officers, and employees. IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate original on the day of , 2005. CITY OF NORTH RICHLAND HILLS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS . Oscar Trevino, Mayor R. Michael Eastland, Executive Director APPROVED AS TO FORM: APPROVED AS TO FORM: General Counsel Jerry Gilmore, General Counsel . Interlocal Agreement Page 8 of 8 . ATTACHMENT 1 ANNUAL COST SHARING ALLOCATION Arlington Bedford Colleyville Euless Grand Prairie Grapevine Haltom City Hurst North Richland Hills $215,496 $94,989 $11,759 $96,977 $63,422 $45,970 $35,186 $89,244 $67.946 $720,989 . . Interlocal Agreement Attachment 1 . NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS P.O. BOX 5888 ARLINGTON, TEXAS 76005-5888 BILL TO: CITY OF NORTH RICHLAND HILLS MIKE CURTIS I DIRECTOR, PUBLIC WORKS P.O. BOX 820609 NORTH RICHLAND HILLS, TX 76182-0609 INVOICE NUMBER: 2673 00.31 INVOICE DATE: 08-19-05 DUE DATE: 09-30-05 PO Number Terms Project Code Net 30 2673 00.31 . Description Attendants Total Amount Due FY 2005 Annual TRE Contribution $67,946.00 MAKE CHECK PAYABLE TO: NCTCOG mail to: NCTCOG ATTN: ACCOUNTS RECEIVABLE P.O. BOX 5888 ARLINGTON, TX 76005-5888 For inquiries contact Administration at (817) 695-9130. Please remit yellow copy of invoice with payment and reference invoice number on check stub. If your agency is tax exempt, please fax your exemption certificate to (817) 640-7806 Attn: Accounts Receivable. . I' CITY OF NORTH RICHLAND HILLS Department City Manaoer's Office Council Meeting Date: September 26,2005 Subject: Authorize the City ManaQer to execute an AQreement with Agenda Number: GN 2005-101 Bank' One Trust Company, N.A. for Mineral Management Consulting - Resolution No 2005-072 In recent 'years, Tarrant County has experienced a boom in natural gas drilling which has brought a significant amou.nt of revenue to the regional economy. Over the last year some of our neighboring cities and school districts have begun to lease out their mineral rights for gas drilling. The revenues from leasing mineral assets have helped these entities fund a variety of services. In recent months the City of North Richland Hills has been approached by gas developing companies about possible leasing of mineral rights on the hundreds of mineral acres owned by the City. We also have knowledge qf many private mineral owners in the City who are being asked to lease their minerals. These activities indicate the strong desire to drill and develop natural gas in North Richland Hills. Staff in concurrence with the City Council, desire to allow sucn gas developmer1t provided it is regulated to the degree the health, safety, and welfare of our citizens is protected and provided the high quality of life we have become accustomed is not jeopardized. At the previous City Council Goals Worksession, staff was asked by the City Council to examine the possibility of gas drilling on City property and elsewhere in our community. Staff along with the City Attorney's Office have determined that we need technical expertise, advice, and 'services (in the gas drilling and production industry) not currently available with any of our staff. Since the worksession staff has done extensive research and has identified J.P. Morgan Chase Bank, N.A. to provide a full turn-key service to help us effectively lease out our mineral assets and provide related advice in these matters relating to the legally required public bidding process. This service is provided by Bank One Trust Company, N.A., recently acquired by J.P. Morgan Chase in a merger that will be official in 2006; therefore, the proposed agreement is with Bank One Trust Company. J.P. Morgan Chase, with their expertise, will walk the City step by step through the gas leasing process. J.P. Morgan Chase will review all prospective gas lease sites to determine their ~arketability. They will then develop our bid specifications and market our lease sites to the right companies. As part of their service they will review all bidders to ensure they have the right technical expertise, reputation, quality of service, financial ability to provide the service, safety record, and compliance history. They will also assist us with all technical matters related to gas leases and make sure we get the best value. J.P. Morgan Chase's fee for this service will be 5% of the lease bonus. The term lease bonus is a payment that is paid up front to the owner for le·asing out their mineral assets. The fee will not be due until after a bid has been awarded and revenue received by the City. Page 1 of L CITY OF NORTH RICHLAND HILLS J.P. Morgan Chase and their client services division has over 20 of years experience in mineral assets management. They have a superior reputation in the industry and have helped lease properties for many of our neighboring communities including Arlington ISO, Fort Worth ISD and the City of Fort Worth. Mr. Paul Midkiff of J.P. Morgan Chase will be the representative acting for the City. He will be present at the meeting and available for . questions if necessary. Staff Recommends Approval of Resolution No 2005-072 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available Finance Director Finance Director '~~~~ . {ty Manager S· n ture CITY COUNCIL ACTION ITEM Paae 2 of 2 MINERAL MANAGEMENT CONSULTING AGREEMENT . This Mineral Management Consulting Agreement ("Agreement") is entered effective as of October 1, 2005 by and between the City of North Richland Hills (hereinafter the "City") and Bank One Trust Company, N.A. (hereinafter the "Consultant"). WHEREAS, The City wishes to retain Consultant to provide certain mineral management consulting services with respect to mineral assets owned by the City and Consultant has agreed to provide such services in accordance with the following terms and conditions; NOW THEREFORE, in consideration of the foregoing premises and mutual covenants contained herein, City and Consultant hereby agree as follows: Section 1. Services. City hereby retains Consultant to advise and consult with respect to the management of City owned mineral assets and to perform such other related consulting services (hereinafter collectively referred to as "Services") as may be requested by the City from time to time. The Services, shall include without limitation, those described on Exhibit A attached hereto and such others as City and Consultant shall mutually agree upon from time to time. Consultant is authorized to provide such Services to or at the direction of the City employee (City Authorized Official"), or his designee, identified by City to Consultant in writing from time to time as provided in Section 9 below. Section 2. Term. The term of this Agreement shall commence on October 1, 2005 and shall terminate on Sectember 30, 2007 (the "Term"), unless further extended or terminated as herein provided. In the event the párties agree to an extension to the initial Term, all the terms and conditions of this Agreement shall continue in full force and effect for such specific additional period as mutually agreed to by City and Consultant. Any such extension of this Agreement shall be in writing and shall be executed by the City Authorized Official and Consultant. e Section 3. Termination. Either City or Consultant may terminate this Agreement at any time for any reason upon thirty (30) days advance written notice to the other party, which notice shall be effective immediately upon the delivery of such notice by the terminating party to the other party. Upon such termination, City shall pay to Consultant all fees owing to Consultant for Services completed under this Agreement as of the date of termination determined under this Section 3, plus any approved unreimbursed expenses. Thereafter, no further payments shall be made or owing by City to Consultant under this Agreement. Section 4. Fees and EXDenses. City agrees to pay Consultant for Services performed under this Agreement in accordance with the schedule of fees attached hereto as Exhibit B. City shall also reimburse Consultant for reasonable and customary business expenses actually incurred by Consultant in performing Services hereunder. Such reimbursement will be made as promptly as practicable after Consultant has submitted to City an itemized statement of expenses incurred. . Section 5. Confidentialitv. Consultant agrees that any and all Confidential Information is and shall remain the property of City to be held in strict confidence by Consultant solely for City's benefit, and shall not be used or otherwise disclosed to any other parties at any time, without obtaining City's prior written consent. "Confidential Information" includes all technical, business and personnel information, or other information which relates to past, present and future research, development and business activities of City and its subsidiaries and affiliates, including descriptive material and summaries prepared by Consultant, however communicated or disclosed to Consultant in the performance of any Services for City. Confidential Information shall not include information that becomes generally available to the public (other than by the acts or omissions of Consultant). Within a reasonable time of the termination of this Agreement, Consultant shall return to City all Confidential Information including any descriptive material . and summaries prepared by Consultant which contains Confidential Information and Consultant shall not retain reproductions thereof. Alternatively, within a reasonable time of the termination of this Agreement Consultant may certify to the City in writing that all Confidential Information in the possession of Consultant, including any descriptive material and summaries prepared by Consultant, has been destroyed. City reserves the right to withhold the payment of fees hereunder until all Confidential Information has either been returned or destroyed. Section 6. Means of Providina Services. It is expressly understood and agreed ttiat Consultant shall operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of City. Consultant reserves the right to determine the method, manner and means by which the Services will be performed. Consultant and City agree that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between City and Consultant. Section 7. Standard of Care. In providing Services -hereunder, Consultant shall be liable for damages arising out of Consultant's gross negligence or willful misconduct, provided however, that in no event shall Consultant be liable for consequential, indirect or special damages, even if it has been advised of the possibility of such damages. e Section 8. Governina Law And Severabilitv. This Agreement will be governed an.d interpreted by the internal laws of the State of Texas without reference to the conflict of laws rules, except as superceded or preempted by applicable federal law. If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provisi-on is illegal, unenforceable or void, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefor another provision that is legal and enforceable and achieves the same objective. Section 9. Notice. Unless otherwise specified in this Agreement any notice or other communication permitted or required hereunder shall be in writing and provided to the respective parties as set forth below or to such other address as either party shall have theretofore designated by notice in writing. All written notices are to be in the form of registered mail, return receipt requested. All notice provided in accordance with this Section shall be deemed to have been given upon the date of delivery as indicated on the return registered mail receipt or in the case of hand delivery, upon the date actually received. If to Consultant, to: If to City, to: Bank One Trust Company, N.A. Mineral Management Group A TIN: Paul Midkiff P.O. Box 2605 Fort Worth, Texas 76113] 817-884-4160 817 -884-5458 Larry J. Cunningham P.O. Box 820609 North Richland Hills, TX 76180 817 -427 -6003 817-427-6016 Section 10. Amendment. No provisions of this Agreement shall be deemed amended by either party unless such amendment shall be in writing and signed by the City Authorized Official and Consultant. . Section 11. Assianment. Neither City nor Consultant may assign or transfer this Agreement, either directly or indirectly, by merger, liquidation, consolidation, sale of stock, change of control, operation of L . e . law, or other means, without the prior written consent of the other party; provided, however, that Consultant may freely transfer or assign its interest to any affiliate of JP Morgan Chase & Company provided that Consultant shall notify the City in writing prior to the effective date of any such assignment. Any assignment of the obligations of this Agreement shall not release the assignor from the duty to perform that party's obligations under this Agreement. Any assignment prohibited hereby shall be null and void. Section 12. Non-Solicitation. During the Term 'of this Agreement and during the one (1) year period immediately following the date of termination of this Agreement, City shall not, directly or indirectly, by any means or devices whatsoever, in any individual or representative capacity, (a) hire, employ, or attempt to hire or employ any employee of Consultant or any of its subsidiaries or affiliates, or (b) otherwise solicit, request, entice, or induce any employee of Consultant or any of its subsidiaries or affiliates to terminate his or her employment with Consultant or any of its subsidiaries or affiliates without the prior written approval of Consultant. Section 13. Waiver. Any delay or failure of any party hereto at any time to require performance by any other party of any provision of this Agreement shall in no way affect the right of such party to require performance of that or any other provision of this- Agreement and shall not be construed as a waiver of any subsequent breach of any provision, a waiver of this provision itself, or a waiver of any other right under this Agreement. Section 14. Entire Aareement. This Agreement cönstitutes the entire agreement between the parties with respect to the subject matter hereof; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. IN WITNESS W'HEREOF, the parties hereby have caused this Agreement to be duly executed on the date set forth below. City of North Richland Hills BANK ONE TRUST COMPANY, N.A. By: Paul Midkiff Senior Vice President Federal Tax ID Date: Date: j ~ e . Exhibit A Mineral Manaaement Services The following list of Mineral Management Services is a non-exclusive list of the Services that the City and Consultant anticipate may be provided under the Agreement. Upon the request of the City, the Consultant will ... · Consult and advise with respect to the development of lease and bid documents. · Prepare all documents required for the public bidding of City mineral assets. · Review proposals submitted to the City concerning City mineral assets. · Consult and advise with respect to the negotiation of oil, gas and mineral leases and subleases. · Consult and advise with respect to the award of bids for City mineral assets. If reauested bv the City. the followina additional charaes would be charaed at $150lhr. · Consult and advise with respect to the verification of oil and gas division/transfer order interests and income received there from. · Consult and advise with respect to the negotiation of other mineral transactions including, but not limited to, farm-out agreements, seismic permits, unitization andlor pooling agreements. · Consult and advise with respect to the negotiation of and/or installment sales, options, assignments, exchanges and partition of mineral interests. · Consult and advise with respect to the selection of third parties for independent audits, engineering services, geological services, casualty and/or liability insurance, appraisals, environmental surveys and field inspections. þ.. , e . Exhibit B Fee Schedule Neaotiated Transactions - 5% of sums received bv City on: . Gross lease bonus (Payment by City due within fifteen (15) days of lease bonus revenue received by City) Hourlv: All other additional services are billed at $150 per hour. EXDenses: · Out-of-pocket expenses incurred on behalf of the City will be passed through at the Consultant's cost. :, f' CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 9/26/05 Subject: Award Professional Services Contract to Kimlev-Horn and Agenda Number: PW 2005-011 Associates, Inc. for North Tarrant Parkway (Davis Blvd. to Whitley Rd.) This Capital Improvements Project (CIP) will consist of the desian of North Tarrant Parkway from a point approximately 750 feet west of Davis Boulevard to Whitley Road (in Keller). The design will include widening the roadway from an existing 18-foot wide asphalt street to 6-lane divided roadway with landscaped medians. The project will be designed to Texas Department of Transportation (TxDOT) standards as required by an approved grant the cities (Keller and North Richland Hills) received for design. This also allows options to remain open for possible future federal grants to assist with the construction costs. If no grants are available for construction, the City does have adequate funds to construct the section located in North Richland Hills (approved in the 2003 Bond Program). Staff followed the City's policy for procuring professional services for the design of the project. Requests for proposals were sent to 21 local engineering firms, with 18 firms submitting proposals back to the City. Four North Richland Hills staff members (Public Works Director, Engineer Associate, Assistant Parks Director and the Assistant City Manager) and two Keller staff members (Public Works Director and City Engineer) were selected to comprise the review team. The review team evaluated the 18 proposals and selected the top 3 firms based on the firm's experience. The top 3 firms were Kimley-Horn and Associates, Inc., Freese and Nichols, Inc., and Schrickle Rollins, Inc. Presentations were made to the review team by each of the top 3 firms. It was agreed by all team members that Kimley-Horn and Associates, Inc. (KHA) was the top firm. KHA has been in business for 33 years. The Fort Worth office has designed numerous similar projects with sensitivity to streetscape elements. KHA was also the design engineer on the first phase of North Tarrant Parkway (Davis Boulevard to Precinct Line Road), so they are very familiar with this area of the City. The engineering agreement outlines the scope of work in Attachment A. Listed below are the key items of the scope of work. . Project limits are from Whitley Road in Keller to the end of the Phase I project, approximately 750 feet west of Davis Boulevard. Finance Review ftÁ~·~q ~H~ Department Head Signature ~ ~ Account Number ST0201 Sufficient Funds ÄvallatJle d c.' VI-- /(,--r,-V1.L-<---rinance Director .- I Source of Funds: Bonds (GO/Rev.) Operating Budget Other CITY OF NORTH RICHLAND HILLS · The project will be designed to TxDOT standards, which will include an 18 month environmental assessment (this is a requirement of the grant). · The project will consist of weekly progress reports, development of a project website and the development of a newsletter. · The project will consist of up to 5 meetings with various stakeholders (neighborhood associations, schools, businesses, etc.). The contract fee was negotiated to $1,587,500 by Mr. Ogden ("Bo") Bass, Assistant City Manager, Mr. Mike Curtis, Public Works Director, and Mr. Ed IIschner, Keller Public Works Director. Since this is a joint project between the cities of North Richland Hills and Keller, and involves a $725,000 grant, a breakdown of the cost responsibility is shown below. Responsible Party Federal Grant North Richland Hills Keller Cost Share $ 725,000 (approved on 3/28/05, PW 2005-004) 500,000 (approved in 2004/05 CIP Budget) 362.500 (approved by Interlocal Agreement, 3/28/05, PW 2005-003) $1 ,587.500 Total Previously it was believed that Keller's share would be $225,000 (as shown in the Capital Projects Budget under "Other" sources of funds.) However, during the past few weeks it was determined that the scope of work along the Keller portion was more involved than previously anticipated by Keller and that Keller1s share of the project costs would therefore be increased to $362,500. Keller approved the increase in its costs by (Keller) Resolution No. 2281 with an amount not to exceed $362,500. Since we are carrying the total cost of the project in our Capital Improvements Budget, the budget for this project for next year will reflect nOtherll sources of funds in the amount of $362,500. A like increase in expenditures will be reflected under the "Engineering/Design" category as well but the overall costs to North Richland Hills will not be increasing since this is related to Keller1s share of the project. It is nothing more than a pass through cost to us. Recommendation: To approve the engineering agreement with Kimley-Horn and Associates, Inc. in an amount not to exceed $1,587,500. CITY COUNCIL ACTION ITEM Page_of _ )\ . . . ~=~ Kimley-Horn and Associates, Inc. September 12, 2005 . Suite 1 025 801 Cherry Street Unit 11 Fort Worth. Texas 76102 Mr. Mike Curtis, P.E. Director of Public Works City of North Richland Hills 5301 N.E. Loop 820 North Richland Hills, TX 76180 Re: North Tarrant Parkway - Phase 2 Proposal for Professional Services Dear Mr. Curtis: Kimley-Hom and Associates, Inc. C'KHA" or "The Consultant") is pleased to submit this letter agreement (the "Agreement") to the City of North Richland Hills (the "Client") for providing professional services for the design of North Tarrant Pkwy. - Phase 2. Our project understanding scope of services, schedule, and fee are below. PROJECT UNDERSTANDING This project includes expansion of North Tarrant Parkway between Whitley Rd. in Keller and a point approximately 750' west of Davis Blvd. in North Richland Hills. This project was approved by the NCTCOG for regional funding for design services only. Currently, construction funding has not been secured through the NCTCOG The use ofNCTCOG funds require that the project be designed and constructed in accordance with the TxDOT Project Development Process, and its design and construction standards. The cities of North Richland Hills and Keller have entered into an interlocal agreement, with the City of North Richland Hills serving as the lead agency administering the design contract. This scope of services is intended to provide the services necessary to take the project from inception through final design. Depending on the availability of construction funding, the project may be let in a variety of phases in accordance with either City or TxDOT letting requirements. The modification of the design plans and specifications to facilitate the preparation of multiple bid packages or non- TxDOT bid packages will be provided upon request as Additional Services. Bidding and Construction Phase services are also not included in this Scope of Services and will be provided upon request as Additional Services. . TEL 817 335 6511 FAX 817 335 5070 · · · ~-n ~_u Kimley-Horn and Associates, Inc. Mr. Mike Curtis~ P.E.~ September 12, 2005, Page 2 SCOPE OF SERVICES (See attached Scope of Services - Attachment A) PROJECT SCHEDULE We are prepared to begin work immediately upon receipt of a signed copy of the Agreement. We will endeavor to meet a mutually acceptable schedule established by the City and Kimley-Horn. We anticipate the schematic development and environmental phase of the project to last approximately eighteen (18) months. Upon schematic approval and environmental clearance we anticipate the PS&E phase of the project to last approximately nine (9) months. The bidding phase and construction phase are not part of this Agreement and are not included in the schedule. FEE AND BILLING KHA will perform the services described in the Scope of Services for a lump sum fee in accordance with the following major tasks. All permitting, application, and similar project fees will be paid directly by the Client. Preliminary Design Roadway Hydrology & Hydraulics Traffic Streetscape Subtotal Final Design Roadway Hydrology & Hydraulics Drainage Traffic Traffic Control Planning Streetscape Structural Subtotal Subconsultant Expenses: Environmental Aerial Survey Property and Ground Survey Geotechnical Illumination Subtotal $302,900 $102,700 $40,300 $51 ~600 $497,500 $320,400 $59,500 $217,700 $71,400 $83,900 $88,900 $46~500 $888,300 $73,300 $42,400 $45,000 $19,700 $21 ~300 $201,700 TOTAL $1,587,500 . . . ~-n ~_u Kimley-Horn and Associates, Inc. Mr. Mike Curtis, P.E., September 12, 2005, Page 3 The fee breakdowns above are provided for budgeting purposes only and are not intended to represent a specific budget for each lump sum task. KHA reserves the right to reallocate the budget among tasks as determined necessary by KHA. Only upon written authorization by the Client, KHA will provide Additional Services on a labor fee plus expense (reimbursable) basis. Reimbursable labor fee and expense rates will be negotiated with the Client prior to performing Additional Services. Lump sum fees will be invoiced monthly based upon the percentage of services performed and expenses incurred as of the invoice date. Additional Services will be invoiced monthly based upon the actual services performed and expenses incurred as of the invoice date. Payment will be due within 25 days of the date of the invoice. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions (both KHA and TxDOT), which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to the City of North Richland Hills. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. (This space intentionally left blank) . . . ~=n Kimley-Horn and Associates, Inc. Mr. Mike Curtis, P.E., September 12, 2005, Page 4 We appreciate the opportunity to provide these services to you, the City of North Richland Hills, and the City of Keller. Please do not hesitate to call if you have any questions or comments. Very truly yours, G. Brad Tribö e, P.E. Senior Vice President GBT: P:\061 092.004\Contract\Pre-NTP\Ltr Agmnt - Fina1.doc Attachment: Scope of Services (Attachment A) Standard Provisions - Kimley-Hom and Associates, Ine Standard Provisions - TxDOT (Attachment B) Agreed to this _ day of CITY OF NORTH RICHLAND HILLS, TEXAS A Municipality By: (Print or Type Name) Title: (As Authorized by Law) , Witness (Print or Type Name) . . . KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ("Additional Services"), and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's then-current hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, GIS, and graphics, etc., will be billed at $25.00 per hour. (2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction. ( c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request in furtherance of the project development. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incident to the responsibilities of the Client. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated. (4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all transaction taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder, including but not limited to sales tax. The Consultant shall be compensated in U.S. dollars. Interest will be added to accounts not paid within 25 days at the rate of 12% per annum beginning on the 25th day. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services under this Agreement until all amounts due are paid in full. (b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. (c) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents, including but not limited to drawings, specifications and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by rev 07/05 5 . . . the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indenmify, defend and hold the Consultant haffiÙess from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without the Consultant's authorization, the Client has 60 days to perfonn acceptance tests, after which it shall be deemed to have accepted the data. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. If any material change occurs in the ownership of the Client, the Consultant shall have the right to innnediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fIXed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed. (8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. (9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability , in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section 10 is intended solely to limit the remedies available to the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant. (11) Certifications. The Consultant shall not be required to execute any certifications or other documents that might, in the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its insurance. (12) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. rev 07/05 6 . . . (13) Hazardous Substances and Conditions. (a) Services related to determinations involving hazardous substances or conditions, as defmed by federal or state law, are limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope, fee, and tenns for such services. (c) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services of the Consultant. (14) Construction Phase Services. (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally confonn to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perfonn its work in accordance with the contract documents. ( c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (15) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (16) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (17) Miscellaneous Provisions. This Agreement is to be governed by the law of the State ofT exas. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. rev 07/05 7 North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12, 2005 . Project Understanding This project includes expansion of North Tarrant Parkway between Whitley Rd. in Keller and a point approximately 750' west of Davis Blvd. in North Richland Hills. The proposed roadway improvements include the following: · between Whitley and Rufe Snow: add 1 % lanes to either side of the existing concrete pavement · between Highland Creek and Keller City limit: add the eastbound half (3 lanes) to the existing 6- lane divided half-section . between Keller City limit and 750' west of Davis Blvd: remove existing 2-lane asphalt roadway and replace with 6-lane divided bou levard. This project was approved by the NCTCOG for regional funding for design services only. Currently, construction funding has not been secured through the NCTCOG. The use of NCTCOG funds require that the project be designed and constructed in accordance with the TxDOT Project Development Process, and its design and construction standards. Both cities have entered into an interlocal agreement, with the City of North Richland Hills serving as the lead agency administering the design contract. This scope of services is intended to provide the services necessary to take the project from inception through final design. Depending on the availability of construction funding, the project may be let in a variety of phases in accordance with either City or TxDOT letting requirements. The modification of the design plans and specifications to facilitate the preparation of multiple bid packages or non-TxDOT bid packages will be provided upon request as Additional Services. Bidding and Construction Phase services are also not included in this Scope of Services and will be provided upon request as Additional Services. . We anticipate the schematic development and environmental phase of the project to last approximately eighteen (18) m'onths. Upon schematic approval and environmental clearance we anticipate the PS&E phase of the project to last approximately nine (9) months. . Preliminary Design 1. Project Management 1.1 Prepare and document project production plan Develop workplan (identify tasks and subtasks) Develop roles and assignments Develop schedule and interim milestones Develop Quality Assurance Plan and Quality Control Plan Develop schedule for milestone QAlQC reviews 1 .2 Prepare for and attend progress meetings Monthly joint meetings (up to eighteen (18» with Cities and TxDOT to monitor the development of the project Up to ten (10) additional meetings as necessary 1 .3 Coordinate with TxDOT 1.4 Coordinate with subconsultants 1.5 Prepare and em ail weekly progress reports to project team (Cities, TxDOT, and KHA team) 1 .6 Project Administration Prepare project correspondence Prepare invoicing documents (including TxDOT -required monthly project status report) 2. Public Involvement (27 months - Schematic and PS&E phases) 2.1 Develop and maintain project website Prepare for and facilitate joint planning session with both Cities to establish web site format (concurrent with planning session regarding development of newsletter) Define target audience and web site objective Scope of Services - Attachment A Page 1 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12, 2005 · · Develop structure/layout (possibly include project description and map, design schedule, project status, link to project newsletters, and contact information) Define web site update review process Data collection Write copy Design web site navigation Provide electronic demo to Cities for review/approval Setup host server and post site Develop and post routine updates to web site (weekly for up to twenty-seven (27) months). This schedule runs through the anticipated schedule for both Preliminary Design and PS&E phases. 2.2 Prepare bi-monthly series of project-specific, one page (two-sided, color) newsletters Prepare for and facilitate joint planning session with both Cities to establish newsletter format (concurrent with planning session regarding development of web site) Define target audience and objective of newsletter Develop structure/layout (possibly include project description and map, design schedule, project status, feature article, and contact information) Define City review and approval process of draft newsletters Define draft list of potential newsletter article topics Write Copy Send electronic proof via email to City for review and approval Coordinate and deliver printing (requires 72 hours from time City approves proof) One newsletter will be prepared bi-monthly for up to twenty-seven (27) months (up to fourteen (14) newsletters). This schedule runs through the anticipated schedule for both Preliminary Design and PS&E phases. Furnish up to fifty (50) copies of the newsletter per month to each City for its distribution 3. Furnish electronic version of the newsletter each month to each City 4. Preliminary Design Conference 4.1 Identify and invite participants 4.2 Conduct field visit with City and TxDOT staffs prior to conference 4.3 Begin preparation of Design Summary Report (DSR) 4.4 Solicit DSR comments from Cities and TxDOT 4.5 Update DSR throughout preliminary design 4.6 Prepare and discuss project production plan and schedule 4.7 Prepare and distribute conference minutes 5. Data Collection/Preliminary Design Preparation 5.1 Coord ination with stakeholders Up to five (5) meetings with various stakeholders Resource stakeholders include: Neighborhood Associations Schools Businesses Regulatory stakeholders include: City of North Richland Hills staff City of Keller staff Trinity River Authority (TRA) TxDOT Identify environmental/design constraints Explore project design modifications to avoid, minimize, and/or mitigate effects to natural resources 5.2 Researchlldentify special agreements Right-of-entry (field survey) U.S. Army Corps of Engineers Trinity River Authority · Scope of Services - Attachment A Page 2 of 15 North Tarrant Parkway City of North R;chland Hills and the City of Keller Scope of Services - Attachment A September 12,2005 . Franchised Utilities TxDOT interlocal agreement(s) with Cities of NRH and/or Keller Determine need for additional agreements and amendments to existing agreements Coordinate with Cities or TxDOT regarding execution of potential agreements 5.3 Review available traffic data provided by Cities 5.4 Obtain available related data, plans, studies, and reports 5.5 Perform site visit Identify needed improvements and physical/environmental constraints Visit to include all major task managers - roadway, drainage, structural, traffic, environmental, landscape Take notes, photographs, and/or videotape of the project area and key project issues. Identify presence of utilities, adjacent developments, terrain, significant trees, clear zone or right-of-way encroachments, intersection geometry, etc. 5.6 Obtain the following information (if available) on existing city and franchised utilities: Review record drawings and cities' and franchised utilities infrastructure maps Observe utility locator markers and signs in the field (field survey to locate) Coordinate with franchised utilities concerning project scope and schedule Subsurface Utility Engineering (SUE) is not included in this Scope of Services. However, it can be provided upon request as Additional Services. 5.7 Obtain available traffic accident data provided by Cities Obtain accident data for the last 3-years Obtain information about pertinent, physical features (i.e. geometrics) Review traffic count data collected as part of Task 3.12 Observe traffic movements at key locations during AM and PM peak periods Analyze accident and traffic data (i.e. similarities, patterns, abrupt changes, etc.) Consider design improvements that might reduce potential for accidents, reduce accident severity, or improve operations 5.8 Obtain available hydraulic studies Comply with FEMA rules and regulations since the project has the potential to affect streams within jurisdiction of the cities Obtain relevant hydraulic studies and models. Perform modeling and coordination with TxDOT as required in the TxDOT Hydraulic Design Manual section on FEMA coordination Floodway and floodplain encroachments (if any) will be identified and explained in the environmental documentation 5.9 Perform aerial photography/planimetrics/DTM's/digital orthophotography Conduct coordination meeting with aerial subconsultant Develop scope of services (all deliverables shall be in Microstation vB) Develop a flight map Identify aerial survey limits, including cross streets, stream crossings, drainage areas, planimetrics of close-proximity structures Develop aerial survey ground control requirements and ground panel layout Acquire aerial color photography with 0.25' pixel resolution (TIFF and MrSID formats) Establish permanent horizontal and vertical control monumentation, based upon NAD-83 and NAVD-88, approximately every 2,500-ft. on alternating sides of the roadway and beyond the limits of proposed roadway construction. Prior to setting proposed monumentation, KHA will submit the proposed locations to both Cities for approval. Restoring removed or damaged monumentation will be provided upon request as Additional Services. Prepare DTM and 1-foot contours Prepare digital orthophotography 5.10 Perform topographic survey Conduct coordination meeting with field survey subconsultant Perform field survey ground control . . Scope of Services - Attachment A Page 3 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12, 2005 . Locate pertinent objects and above-ground features, typically including Drainage structures (i.e. culverts, ditches, inlets, manholes, and outfalls) Streams (including cross sections 100' upstream and 200' downstream of ROW - required for hydraulic modeling) Utilities (signs or markers showing the presence of underground utilities, valves, manholes, flowlines, meters, backflow preventers, 'vents, poles, and guy wires) Large and significant trees (identify species and caliper) Fences (including material type) and gates Sidewalks (identify material type) Signs (roadway and private) Right-of-Way monumentation Process survey data to create plan view of existing features (all deliverables shall be in Microstation vB) 5.11 Perform other surveys, including: Right-of-way/property survey Collect 24-hour directional traffic counts at up to four (4) mid-block locations and up to three (3) side streets (both approaches) Collect AM and PM peak period turning movement counts at up to six (6) cross streets Vehicle classification survey to determine the percentage ot truck traffic Environmental survey to determine the type and location of environmental features 6. Public Meeting (Additional Services) 6.1 Public meetings typically involve obtaining public input on a project and incorporating that input into the project's design. Public meetings are not federally mandated and this project scope ot services does not include public meetings. If public meetings are determined to be needed, we will provide professional services associated with the public meetings upon request as Additional Services 7. Schematic 7.1 Develop and evaluate geometric alternatives Alternatives include: No-build and two (2) geometric alignment alternatives Since the corridor's ROWand typical cross-sections are already established, we anticipate the Keller alignment will be a 6-lane divided facility within the existing ROW (110'-120') and the NRH alignment will be a 6-lane divided facility within the existing ROW (200'). This scope of services is limited to the development of the two (2) alignments alternatives identified above. Additional alignment alternatives will be provided upon request as Additional Services. Review design traffic data Prepare base map for schematic showing existing topographic features Add existing ROW limits, property lines, easements, locations of major utilities, etc. Identify major constraints (i.e. geometric, environmental) and how major constraints will be handled Establish horizontal and vertical alignment The schematic design will include the layout of up to 25 intersections and 10 commercial driveways Prepare corridor access plan to establish future median opening locations Identify existing utilities on schematic Identify preliminary illumination requirements Determine the locations, mounting heights, and offsets. This scope of services relies upon implementing the City of NRH's current (Aug 2005) roadway and pedestrian lighting standards. This scope also will include designing to the City of Keller's current (Aug 2005) roadway lighting standards. Identify required drainage structures, right-ot-way, easements, and major utility conflicts Generate rough cross sections (100-ft. stations) to identify proposed slope limits, wall requirements, and earthwork volumes. Since wall types, sizes, and limits will not be . . Scope of Services - Attachment A Page 4 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller . 7.2 7.3 7.4 7.5 . . Scope of Services - Attachment A September 12, 2005 determined until completion of Preliminary Design, wall designs will be provided upon request as Additional Services. Develop up to four (4) typical sections, which will include: Existing and proposed ROW width Pavement cross slopes Lane, median, and parkway widths Side slope rates for both cuts and fills Clear zone widths Provisions for landscaping and aesthetics Noise attenuation devices (if required) Perform hydrologic study Study area will be limited to the upper reach of the Little Bear Creek drainage basin down to the confluence with the easternmost tributary that crosses North Tarrant Pkwy. The Study area also includes the tributaries extending north across the corridor. Conduct site investigation Identify potential outfall and stream crossing locations Evaluate runoff from the watershed using both TxDOT and City design criteria Perform preliminary hydraulic analysis and design Perform HEC-RAS modeling and coordination with Cities to determine affect of potential facility oversizing to meet City design criteria Perform geotechnical investigation (geotechnical scope provided in accordance with TxDOT requirements) Since the Keller section of the roadway will be an extension of the previously designed pavement section, limited geotechnical investigation will be performed in Keller Field Investigation Drill up to 6 borings to 50 feet in floodplain area near the unnamed tributary to Little Bear Creek for bridge foundation design Drill up to 6 borings to 25 feet in 3 box culvert crossing locations near Smithfield Road, Brandonwood Road, and Shady Oak Drive Drill 1 boring to 20 feet near Highland Oaks and Cat Mountain Trail Drill up to 10 borings to 20 feet in general pavement areas Laboratory Testing Perform laboratory testing on selected samples for pocket penetrometer, moisture content, liquid and plastic limits, unconfined compressive strength, and unit dry weight Perform free swell tests on selected samples to test for expansive characteristics Perform sieve and hydrometer analyses for gradation and scour analyses Analyses Provide recommendations for bridge foundation type, depth, and allowable loadings Provide recommendations for box culvert and arch pipe foundation type, depth, and allowable loadings Provide recommendations for wingwall foundation type, depth, and allowable loadings Calculate pavement thickness options for concrete pavement Calculate expansive soil potential of onsite soils; calculate PVR for each boring using TxDOT methodology Provide a written report with the above information and the following · Boring logs in Wincore format · Soil, rock, and ground-water conditions · Earthwork recommendations · Recommendations for pavement subgrade stabilization type and concentration · Recommendations for special fill around concrete arch pipes Scope of Services - Attachment A Page 5 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12,2005 . 7.6 Develop conceptual traffic control plan (TCP) Prepare outline of sequence of construction narrative 7.7 Evaluate pavement design and compatibility with proposed TCP 7.8 Determine guide signing and operational controls 7.9 Prepare assessment of landscape and aesthetic issues Conduct data collection meeting with NRH and a meeting with Keller to identify and document hardscape and softscape needs; as well as respective irrigation system requirements. Prepare preliminary streetscape concepts for both NRH and Keller, including: Identification of construction materials (i.e. color, texture) Identification of proposed vegetation Identification of proposed roadway illumination and pedestrian lighting Identification of aesthetic structural components (Le. entry portals, culvert headwall aesthetic treatments) Identification of potential erosion control measures Coordination with NRH and Keller staffs regarding preliminary streetscape concepts 7.10 Perform traffic signal warrant studies per Texas Manual of Uniform Traffic Control Devices (Texas MUTCD) at the following intersections: Whitley Road Willis Road Highland Oaks 7.11 Perform preliminary planning for bridge/cross culvert layouts Identify applicable FEMA and Corps constraints Determine type, size, and locations of proposed bridge/cross culverts Coordinate with geotechnical study for preliminary foundation design 7.12 Establish preliminary retaining wall types and locations Determine aesthetic requirements Consider TCP, soil types, existing structures/landscaping/trees, and ROW limitations to help determine wall types and sizes Determine limitations on access to construct and maintain walls Coordinate with both Cities and their respective franchised utilities to determine potential conflicts Determine if street lights or traffic signs should be attached to the walls Evaluate sight distance at intersections If noise walls are required by the environmental study, noise wall designs will be provided upon request as Additional Services. 7.13 Identify needed design exceptions or waivers for TxDOT approval 7.14 Perform quantity takeoff and develop construction cost projection Evaluate both municipal and TxDOT bid tabulations for current trends in unit prices 7.15 Perform constructability review Review requirements for utility and drainage construction, access, and operation of both construction equipment and vehicular traffic throughout construction. 7.16 Perform QAlQC milestone review 7.17 Submit schematic on a continuous roll plot for the entire project 8. TRA Meter Station 8.1 Coordinate with TRA concerning potential relocation of sanitary sewer meter station near Smithfield Rd. Design for relocating the meter station will be provided upon request as Additional Services 9. Schematic Approval (Cities and TxDOT) 9.1 Circulate schematic to cities for review and comment 9.2 Conduct schematic design review meetings (up to two (2» with both Cities to solicit review comments and discuss approach to addressing city comments 9.3 Circulate city-approved schematic to TxDOT Area Office for review and comment . . Scope of Services - Attachment A Page 6 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller . 9.4 9.5 9.6 9.7 Scope of Services - Attachment A September 12f 2005 Conduct schematic design review meeting with TxDOT Area Office to solicit review comments and discuss approach to addressing Area Office comments Circulate TxDOT Area Office-approved schematic to TxDOT District Office for review and comment Conduct schematic design review meeting with TxDOT District Office to solicit review comments and discuss approach to addressing District comments Submit design exceptions or waivers for TxDOT approval Document reasons for exceptions Anticipate a request for structural design exception for the bridge design at unnamed tributary to Little Bear Creek (Le non-standard structural elements, bridge aesthetics) Anticipate a request for hydraulic design exception to oversize facilities to meet City drainage design requirements Coordinate with TxDOT Area Office and TxDOT District Office regarding design exceptions or waivers 9.8 Obtain approval of schematic before public notification If public notification results in a petition to perform a public hearing, preparation for and attendance at the public hearing will be provided upon request as Additional Services. Revision of schematic based upon input from the public hearing will be provided upon request as Additional Services 9.9 Submit final schematic to both Cities and TxDOT Environmental (NEPA Compliance) 1. Data Collection and Constraints Analysis 1 .1 Collect environmental data Review previous relevant environmental constraints Perform site visit to identify and assess environmental constraints, potentially sensitive areas, historic structures, habitats, and landscapes Prepare a baseline environmental constraints map showing the location of sensitive environmental features 1 .2 Identify potential Section 4(f) and 6(f) properties Corridor surveyed to locate parks, recreation areas, wildlife or water fowl refuges, historic properties, or school grounds or playgrounds open to the.public 1 .3 Evaluate impacts on waterways and floodplains Review the waterways in the field and provide input to the drainage engineer regarding environmental aspects of the project Review previously conducted hydraulic studies, FEMA maps, local flood control policies, and U.S. Army Corps of Engineers requirements for specific floodplains Evaluate structures/hydraulics studies when completed and recommend project modifications that reduce environmental impacts 2. Environmental Documentation 2.1 Determine type of environmental document to prepare 2.2 Prepare "Purpose and Need" statement 2.3 Conduct natural resources study 2.4 Section 106 Investigation Prepare Historic Resources Survey Report Conduct background archeological research 2.5 Prepare Section 4(f) evaluation Coordination with project manager Determine with jurisdictional authority whether Section 4(f) site is significant Identify and develop alternatives to eliminate or minimize impact to Section 4(f) properties Prepare draft and final Section 4(f) evaluation 2.6 Perform hazardous materials database search. This scope of services does not anticipate the database search identifying hazardous materials along the corridor. Any environmental site . . Scope of Services - Attachment A Page 7 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12, 2005 . assessments or services beyond the database search are not included in this scope of services and will be provided upon request as Additional Services. 2.7 Prepare socioeconomic/environmental justice analysis 2.8 Analyze existing environment 2.9 Conduct noise analysis Perform noise analysis in accordance with TxDOT requirements Prepare noise abatement proposal for preferred alternative if abatement is required Prepare noise contour analysis to compare noise impacts of alternatives 2.10 Conduct air quality analysis 2.11 Determine project's environmental consequences 2.12 Prepare description of landscape recommendations Landscape architect prepares a report identifying the design approach for each of major section of the project, including proposed softscape and hardscape (sidewalks, special paving, benches, decorative walls, lights, etc.) materials palette and type of irrigation to be provided 2.13 Prepare description of project alternatives 2.14 Prepare exhibits for environmental documentation 2.15 Process draft environmental document Submit document to TxDOT Fort Worth District for review and comment Address comments Address TxDOT -ENV and FHW A review comments 3. Opportunity for Public Hearing Advertisement 3.1 If the NEPA document is processed as a Categorical Exclusion (CE) neither a public hearing nor an advertisement for the opportunity are required. However, if the NEPA document is processed as an Environmental Assessment, TxDOT must either hold a public hearing or afford an opportunity for a public hearing. If required, the approach of this scope of services is to provide the public the opportunity for a public hearing by newspaper advertisement. If, in response to the advertisement, someone requests that a public hearing be conducted, a public hearing must be held. If a public hearing is required the services associated with the public hearing will be provided upon request as Additional Services. 4. Environmental Clearance 4.1 Prepare environmental documentation that: Incorporates the comments received on the draft environmental document from the public and regulatory/resource agencies during public availability and review period Includes responses to those comments received on the draft environmental document Identifies changes to the proposed project, or mitigation measures, resulting from the comments received 4.2 Provide three {3} hard copies and one (1) electronic copy of the final environmental document to the TxDOT Fort Worth District Since the project involves federal funding, the process requires the District to submit the document to the Environmental Affairs Division for concurrence and forwarding to the FHW A for approval TxDOT's Environmental Affairs Division and FHW A distribute the document as needed Coordination with the NCTCOG regarding the Categorical Exclusion or Finding of No Significant Impact (FONSI) . . Right-of-Way and Utilities 1. Right-of-Way and Utility Data Collection (provided as part of Preliminary Design) 2. Right-of-Way Map 2.1 The project corridor appears to provide the necessary ROW to accommodate the proposed roadway construction. If additional ROW or easements are required they will be provided upon request as Additional Services. Scope of Services - Attachment A Page 8 of 15 . . . North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12, 2005 2.2 Prepare a ROW map with existing property information, easements, horizontal and vertical control, and references to the monumentation established as part of Preliminary Design (all deliverables shall be in Microstation v8) 3. Right-of-Way Appraisals and Acquisition (Additional Services) 3.1 (Not included) 4. Utility Adjustments 4.1 Coordinate with franchise utilities concerning the potential need to adjust their facilities When design of proposed underground facilities is approximately 60% complete, submit interim progress set of plans to utility owners so they may begin designing/programming required adjustments Follow-up coordination meetings with the utilities at 90% and 100% completion milestones to ensure relocations are on schedule and within their location assignments 4.2 Prior to letting, TxDOT will prepare a Utility Clearance Certification. Preparation of this form is not part of this Scope of Services. PS&E Development 1 . Project Management 1 .1 Update project production plan Verify workplan (identify tasks and subtasks) Verify roles and assignments Verify schedule and interim milestones Verify Quality Assurance Plan and Quality Control Plan Verify schedule for milestone QAlQC reviews 1 .2 Prepare for and attend progress meetings Prepare for and attend monthly meetings (up to nine (9» with Cities and TxDOT to monitor the development of the project Prepare for and attend up to five (5) additional meetings as required Prepare for and attend joint TxDOT / City plan review meetings - up to three (3) (30%, 600/0,900/0) 1 .3 Coordinate with TxDOT 1 .4 Coordinate with subconsultants 1.5 Prepare and email weekly progress reports to project team (Cities, TxDOT, KHA team) 1 .6 Project Administration Prepare project correspondence Prepare invoicing documents (including TxDOT -required monthly project status report) 2. Design Conference 2.1 Identify and invite participants 2.2 Gather and organize existing data including maps, aerials, schematics, and environmental documentation that might be referenced during the conference 2.3 Obtain and review the Design Summary Report (DSR) documenting the Preliminary Design Conference 2.4 Review design commitments and decisions made during schematic development 2.5 Review schedule for plans preparation, utility adjustments, etc. 2.6 Finalize design criteria 2.7 Update DSR and circulate to all parties invited to the conference for their review 2.8 Obtain concurrence or comments by approval entities listed in the DSR 2.9 Update the DSR as the project progresses 2.10 Prepare and distribute conference minutes 3. Begin Detailed Design 3.1 Plan sequence of construction Develop plans to maintain access to all properties during construction 3.2 Develop conceptual detour/road closure plan Evaluate condition of detour route pavement Scope of Services - Attachment A Page 9 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12,2005 . Coordinate with Cities and emergency services for preliminary approval 3.3 Prepare necessary permits identified in the Environmental Phase Evaluate designs for impacts to resources and entities Investigate possible design modifications to reduce or eliminate impacts Review environmental permit application requirements previously identified Develop supporting data for permit applications as required Prepare permit application and proposal for mitigation of impacts, if applicable Submit permits to TxDOT for review. Upon approval TxDOT will forward applications to resource agencies Respond to agency requests for additional information 3.4 Design environmental mitigation details Obtain input from the biologist, geotechnical engineer, landscape architect, and drainage engineer Obtain permits and agreements with resource agencies Prepare mitigation plans Prepare mitigation plans' construction cost projection Submit mitigation plans to District environmental coordinator to review for compliance with the approved environmental document Prepare Environmental Permits, Issues and Commitments (EPIC) sheet(s) for inclusion in PS&E Obtain environmental mitigation commitments to the public and resource agencies Coordination with design team Prepare mitigation plan drawing and specifications Prepare construction cost projections for environmental mitigation measures 3.5 Refine hydrologic study Identify any new, relevant data Verify validity of previous hydrologic study Based on the hydrologic model review, determine whether watershed revisions will change stream flows enough to affect water surface elevations Update hydrologic model with revised data if required 3.6 Prepare stream crossing hydraulic analysis Perform hydraulic analysis of existing conditions Assess the accuracy of the FEMA hydrologic studies/models Update FEMA hydrologic model to reflect watershed conditions Locate and size proposed drainage structures Perform hydraulic analysis of proposed drainage structures. Drainage facility design criteria and sizing will be provided in accordance with criteria defined as part of Preliminary Design. Coordinate with roadway and structural design Perform scour evaluation at each stream crossing or culvert extension in accordance with TxDOT requirements. Coordinate with geotechnical and structural engineers for proper foundation design 3.7 Prepare hydraulic report Perform scour evaluation Prepare hydraulic computation sheets Perform analysis of drainage facility oversizing required to meet City design criteria Prepare drainage facility construction cost projections and cost comparison charts 4. Final Alignments and Profiles 4.1 Design Final Vertical and horizontal alignments Prepare cross sections, including cross sections at access connections Verify stream crossing hydraulics, alignments, and elevations Prepare intersection geometries, including intersection layout sheets. Intersection layouts will be limited to intersecting public streets, driveways are not included . . Scope of Services - Attachment A Page 10 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12,2005 . 5. Roadway Design 5.1 Prepare final cross sections and compute earthwork Evaluate and modify side slopes to provide for safety and economy of design Evaluate tie-ins at intersections and driveways. Secure letter of permission from property owners for minor work necessary on their property to tie-in driveways Cross sections will be limited to include: Existing ground line Existing/proposed ROW Proposed pavement section with profile grade elevation(s) and cross slopes Centerline stationing Parkway grades 5.2 Review ROW requirements Plot existing ROWand lateral limits of earthwork construction on plans Determine the need for drainage easements at stream/water crossings and possibly for long parallel channels Determine the need for temporary construction easements and incorporate into ROW map. This scope of services does not anticipate the need for temporary construction easements. If easements are required they will be provided upon request as Additional Services 5.3 Finalize typical sections, which will include: Existing and proposed ROW width Pavement cross sropes Pavement types and subgrade treatments Lane, median, and parkway widths Side slope rates for both cuts and fills 5.4 Design streetscape plans Design based upon data collected during Preliminary Design to include softscape and hardscape, including irrigations plans 5.5 Develop plan and profile sheets (11 "x17" original plan sheets at a scale of 1 "=50' horizontal, and 1 "=5' vertical) 5.6 Perform pavement design for the roadway segment within North Richland Hills. The pavement design for the segment within Keller will comply with the existing concrete pavement section. If pavement design is required for the segment within Keller it will be provided upon request as Additional Services 5.7 Design pedestrian facilities Establish design criteria, facility layouts and typical sections, and develop construction cost projections Designs shall be in accordance with ADAAG and T AS guidelines Prepare and submit a completed application to the Texas Department of Licensing and Regulation (TDLR) along with one set of plans for review in accordance with the Elimination of Architectural Barriers Act. The application fees will be paid directly by the City of North Richland Hills 5.8 Design miscellaneous details, including: Intersection layouts with spot elevations Non-standard inlets Grate and manhole covers Concrete pavement details Hot mix asphalt transition pavement details Drainage structure backfill details Driveway details . . Scope of Services - Attachment A Page 11 of 15 North Tarrant Parkway City of North Richland Hilts and the City of Keller Scope of Services - Attachment A September 12, 2005 . 6. Operational Design 6.1 Design Illumination Provide high-mast roadway illumination design in accordance with City of NRH street lighting standards provided on North Tarrant Parkway between Precinct Line Road and Davis Blvd. Provide pedestrian-scale illumination design in accordance with City of NRH pedestrian facility lighting standards provided on North Tarrant Parkway between Precinct Line Road and Davis Blvd. Provide high-mast roadway illumination design in accordance with City of Keller street lighting standards provided on Rufe Snow Drive near the intersection with North Tarrant Parkway 6.2 Design traffic signalization plan Provide temporary and permanent traffic signal designs for the intersection of North Tarrant Parkway and Smithfield Road per City and TxDOT standards Provide permanent traffic signal designs per City and TxDOT standards for the following North Tarrant Parkway intersections: Whitley Road Willis Road Highland Oaks 6.3 Design signing and pavement markings Signing and pavement markings plans will be at a scale of 1" = 100' Prepare pavement markers and markings layout in accordance with TxDOT and TMUTCD requirements Prepare signing layout in accordance with City, TxDOT, and TMUTCD requirements 7. Bridge-Class Culvert Design 7.1 Prepare preliminary bridge-class culvert layout at the unnamed tributary to Little Bear Creek stream crossing Review commitments made during Preliminary Design Phase related to restrictions/requirements on the bridge-class culvert design Prepare layout showing existing structures, utilities, ROW, existing topography Coordinate bridge-class culvert hydraulics Identify design exceptions (if any) Submit preliminary layout to TxDOT for review and approval 7.2 Prepare bridge-class culvert details Prepare final layout Develop typical section based upon roadway design Provide summary of quantities and summary of critical elevations Incorporate roadway illumination requirements Design and detail bridge rails Grading and channel design Design provisions for drainage collection/conveyance Provide aesthetic improvements identified during Preliminary Design Perform structural design of foundations and wingwalls Provide construction sequencing Incorporate necessary TxDOT standards and modify if required 8. Drainage Design 8.1 Perform hydraulic design for culverts and storm drains Review preliminary engineering, record drawings, drainage area maps, and hydrology Coordinate proposed design with typical sections, alignments, superelevations (if required), existing and proposed utilities, construction sequencing, resource agency commitments, and roadway cross sections Perform site visit to observe existing facilities, flow patterns, and erosion conditions Review site drainage history with City staffs Verify hydrology is consistent with proposed roadway improvements . . Scope of Services - Attachment A Page 12 of 15 North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12, 2005 . If connecting to an existing drainage system, evaluate existing system's capacity Design cross drainage facilities Design parallel and/or temporary ditch and culvert facilities where determined necessary Identify potential utility conflicts Prepare final calculations for inclusion in the plans Submit to TxDOT's Bridge Division for review and approval if an individual drainage facility has outfall flow greater than 200 cfs for the design year storm. We anticipate this being required at 4 of the 5 major culvert crossings 8.2 Prepare culvert and storm drain details Prepare plan/profiles for inlet and outfall ditches as required. The potential need for drainage easements will be identified Prepare cross culverts sections Prepare drainage area maps Prepare storm drain plan/profiles Coordinate with proposed construction sequencing Identify and obtain applicable standard details for items such as inlets, manholes, junction boxes, and end treatments if necessary Prepare details for non-standard inlets, manholes, and junction boxes Prepare drainage details such as outlet protection and outlet structures Identify pipe strength requirements Prepare drainage facility/quantity summaries Finalize calculations and format for inclusion in plans Obtain necessary standard detail sheets 8.3 Design Storm Water Pollution Prevention Plan (SW3P) Review commitments to resource agencies Coordinate with drainage designs and plans Design permanent and temporary erosion control measures consistent with proposed construction sequencing Coordination with Landscape Architect concerning potential revegetation 9. Retaining/Noise Walls 9.1 Retaining walls and/or screening walls may be required to accommodate the proposed roadway and limit its impact on the adjacent parkways and ROW. Since the wall types and limits will be determined during Preliminary Design, the design of these walls will be provided upon request as Additional Services. 9.2 Noise walls are not anticipated but may also be required as part of the environmental clearance requirements. Since the wall types and limits will be determined during Preliminary Design, the design of these walls will be provided upon request as Additional Services. 10. Traffic Control Plan (TCP) 10.1 This Scope of Services assumes that detailed TCP Sheets will be required due to the complexity of the project and phasing; however, TxDOT Standard TCP Sheets will be utilized where applicable Construction staging plans will be at a scale of 1" = 1 00' with typical sections 1 0.2 Finalize sequence of construction Evaluate potential of construction impacts on existing traffic (i.e. pavement drop-offs, work zone adjacent to travel lanes, existing pavement widening (if necessary)) Prepare written description of construction sequence Design temporary pavement transitions Evaluate potential need for barriers Maintain access to adjacent properties Coordinate with each City and TxDOT during TCP development 10.3 Design Detour Plans Detours may be required to maintain traffic during certain construction stages Prepare preliminary detour plans. Determine horizontal and vertical alignments and typical cross sections. . . Scope of Services - Attachment A Page 13 of 15 . . . North Tarrant Parkway City of North Richland Hills and the City of Keller Scope of Services - Attachment A September 12, 2005 Coordinate detour plans with both cities Prepare final detour plans 10.4 Temporary Signing, Striping, and Pavement Marking Coordinate with construction staging and detour plans Determine need for construction speed zoning and traffic control at intersections Coordinate plans with TxDOT and both cities Prepare final traffic control plans 10.5 Develop contract requirements TCP may require developing specific contract requirements, including Work hour restrictions Lane closure restrictions Access to work area Batch plant permitting 10.6 Review traffic control plan Submit to TxDOT for review by the District Safety Review Team 11. PS&E Assembly/Design Review (Additional Services) 11.1 At this point in the project, the design and the construction plans will be substantially complete. However, depending on the availability of construction funding, the project may be let in a variety of phases in accordance with either City or TxDOT letting requirements. Therefore, the actual assembly of the bid documents (contract, plans and specifications) will be provided as an Additional Service depending on the letting entity (City or TxDOT) and the proposed construction phasing of the project 11.2 The modification of the design plans and specifications to facilitate the preparation of multiple bid packages or non- TxDOT bid packages will be provided upon request as Additional Services. 12. Bidding/Letting Phase Services (Additional Services) 12.1 Bidding Phase services are not included in this Scope of Services and will be provided upon request as Additional Services. 13. Construction Phase Services (AdditIonal Services) 13.1 Construction Phase services are not included in this Scope of Services and will be provided upon request as Additional Services Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the CITY. Such services shall include, but are not limited to, the following: 1 . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Public Meeting(s) (early stakeholder input) Public Hearing (potential component of environmental process) Revision of CitylTxDOT-approved schematic based upon input from the public hearing Environmental site assessment for hazardous materials Mitigation of environmental impacts due to presence of hazardous materials TRA meter station relocation design Retaining wall and/or noise wall design Utility Design Permit Expediting Furnishing additional copies of review documents in excess of the number of the same identified above PS&E assembly for bidding purposes Redesign to reflect project scope changes requested by the CITY or TxDOT, required to address changed conditions or change in direction previously approved by the CITY or TxDOT, mandated by changing governmental laws, or necessitated by the CITY's or TxDOT's acceptance of substitutions proposed by the contractor Scope of Services - Attachment A Page 14 of 15 . . . North Tarrant Parkway City ot North Richland Hills and the City of Keller 13. 14. 15. 16. 17. 18. 19. 20. 21. Scope of Services - Attachment A September 12,2005 Preparation ot right-ot-way and/or easements documents or appraisals Right-ot-way and/or easement acquisition and negotiation Multiple bid packages Bidding/Letting Phase services Construction Phase services Construction Staking Providing resident project representative services during construction Preparation of record drawings Assistance to the CITY as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies Scope of Services - Attachment A Page 15 of 15 TxDOT - Attachment B SPECIAL PROVISION 4IÞ CONSULTANT CONTRACTS · Chan2es in Work: The Consultant shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the City without undue delays and additional cost to the City. If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the Consultant shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Additional Work. . · Additional Work: Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this contract by the City before it is undertaken by the Consultant. If the Consultant is of the opinion that any work the Consultant has been directed to perform is beyond the scope of this agreement and constitutes extra work, the Consultant shall promptly notify the City in writing. 4IÞ In the event the City finds that such work does constitute extra work, then the City shall so advise the Consultant, in writing, and shall provide extra compensation to the Consultant for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement and performed by the Consultant. Any contract modification shall have TxDOT approval prior to beginning the additional work. · Retention.. Availabilitv of Records and Audit Reauirements: The City shall have the exclusive right to exam the books and records of the Consultant for the purpose of checking the amount of work performed by the Consultant at the time of contract termination. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at is office during the contract period and for four (4) years from the date of final payment under this contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, the Texas Department of Transportation, the Federal Highway Administration, the United States' Department of Transportation Office of Inspector General and the Comptroller General shall have access to any and all books, documents, papers and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. · Cost principals must be based on the provisions of 48 CFR Chapter 1'1 Part 31 Federal Acquisition Regulation (F AR31 ). · DBE Percenta2e Goal: The percentage goal for Disadvantage Business Enterprise participation in the work to be performed under this contract is zero (00/0) percent of the contract amount. 4IÞ · , ~" ---L-I l..u-T u \ ~ " \1J¡:~ j J \ \- ¡~ I'1TI17 -... ../ Q \ I ~)& ~q -1 I I I Þ-Q ~JID - - fi:i-' T I I ~T ~ I ,ì E I 1":'\ - = (JLl I I [--V I ~ O~ O'3~ _ I \ \ ~ I -~~ \ ~ - r= I ~ -~ ~ \~ ¡ L I I III;, ~ 1 l _ I II - -ITir- I -~ - I I II I ~ r'" 1:1:: I- Z <C 0:: 0::. ~: :t:. I- 0:: O~ z II f21TE ") 1- - ~ < --<- -i~--- -, ~ \ \ I 7 ...---.. C ~ In CJ) ~ C o ... C - 0:: >- /- W ...J I- - J: I ~ -~~~[ ~ ~ 0:: ~ I- Z « 0:: 0:: ~ J: I- 0:: o Z I I T - rTì+ ",- L J I '. I I ~ - ~ L I I I I - ~ I rrTlT __f ~ \ \ ~_JlJ fðt \ J II J /fll-tì I' I' I __ I f ~ OJ I I ~ I J r- C-/1 77f H NOJ.N3a - Lit AMH ~ - - .,:::~ ~a MONS 3:1n 1:"':::::<:":·'· h- - Q ~ZC1J ~ ~ ~ ~ ~ ~ @ J:: ~ zu::C ~ ~ LO I"- a LO o LO N a o ã3 Q)o U.O o LO o LO I"- M o o LO N o LO N ~ o · t t Announcements and Information September 26, 2005 Announcements Fall Break Camp will be offered October 6, 7, 10, 11 for children ages 6 through 12 at the NRH Recreation Center. The cost is $85 per camper. Participants will enjoy games, art and field trips during Birdville ISO's Fall Break. Spaces are limited, so sign up early. For more information, please call the Recreation Center at 817-427-6600. On Saturday, October 8, residents can get rid of unwanted bulky items during the annual Fall Community Cleanup. Items can be dropped off between 9 a.m. and noon at the Tarrant County College-Northeast Campus, 828 Harwood Rd., Parking Lot E (Located by the Tennis Courts). For more information, please contact the Neighborhood Services·· Department at 817-427-6650. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Lifeguards, NRH20 NRH20 lifeguards received an "Exceeds" rating over the course of their three audits this $ummer. The audits were conducted randomly by Jeff Ellis & Associates, Inc., a company that certifies approximately 90 percent of the waterparks in the country. The "Exceeds" rating is the highest award level possible. We congratulate the 150 lifeguards at NRH20 for putting safety first and achieving this tremendous honor.