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HomeMy WebLinkAboutCC 2008-03-24 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE - COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, March 24, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008 -031 Parking of Vehicles for Sale (10 Minutes) A.3 IR 2008 -041 Public Art Commission for the Grand Ave Park Plaza (15 Minutes) A.4 IR 2008 -040 Review Proposed Quad Cities Rebranding Efforts (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to the provisions of Section 551.071, Texas Government Code the City Council will meet in closed session for Consultation with Attorney for an update on litigation: 1) Kopank vs. Espy; 2) Rogers vs. NRH; 3) Friend vs NRH (10 Minutes) B.2 Executive Session: Pursuant to the provisions of Section 551.072, Texas Government Code to discuss land acquisition for the central west neighborhood park C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance wi Chapter 551, Texas Government Code on March 21, 2008 at c/ kn A4s`i'sia-nt City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. March 24, 2008 — Council Agenda Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, March 24, 2008 7:00 P.M. Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: • Library on the Friday prior to the meeting (available electronically) • City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation (s) and Recognition (s) - Presentation of Proclamation for "Dr. Bruce Jacobson Day" presented by Councilman Welch A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. March 24, 2008 — Council Agenda Page 2 of 4 B.1 Approval of Minutes of March 17, 2008 City Council Meeting B.2 GN 2008 -021 Assignment of Public Right of Way Use Agreement from Harding Company to Metroplex Barnett Shale LLC - Resolution No. 2008 -016 B.3 PU 2008 -008 Award RFP 08 -016 to Buck's Awning in the Amount of $73,000 for the Construction of Metal Structures C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2008 -019 Parking of Vehicles for Sale Prohibited - Ordinance No. 2981 F.2 GN 2008 -022 Amendment of Medical Directors Contract to include NRH2O - Resolution No. 2008 -017 F.3 GN 2008 -023 Certification of Unopposed Candidates, Cancelling Election and Declaring Unopposed Candidates Elected to Office - Ordinance No. 2986 F.4 GN 2008 -026 Authorize the City Manager to Execute a Professional Services Contract with Brinkley Sargent Architects in the amount of $1,780,385 for Professional Architectural Services related to design and construction of the Recreation Center - Resolution No. 2008 -019 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Discover: Project Green H.2 Announcements - Councilman Whitson H.3 Adjournment March 24, 2008 — Council Agenda Page 3 of 4 All items on the agenda are for discussion and /or action. ('.Prtifir_atinn I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on March 21, 2008 at . i - f sis ant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under .the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. March 24, 2008 — Council Agenda Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, March 24, 2008 5:45 P.M. A-1 Discuss Items from Regular City Council Meeting A-2 IR 2008-031 Parking of Vehicles for Sale (10 Minutes) A.3 IR 2008-041 Public Art Commission for the Grand Ave Park Plaza (15 Minutes) A.4 IR 2008-040 Review Proposed Quad Cities Rebranding Efforts (15 Minute B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to the provisions of Section 551.071, Texas Government Code the City Council will meet in closed session for Consultation with Attorney for an update on litigation: 1) Kopank vs. Espy; 2) Rogers vs. NR 3) Friend vs. NRH (10 Minute B.2 Executive Session: Pursuant to the provisions of Section 551.072, Texas Government Code to discuss land acquisition for the central west neighborhood park C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 3 -24 -2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -031 Date: February 25, 2008 Subject: Parking of Vehicles for Sale Prohibited There has been an increase in complaints regarding the parking of vehicles for sale on residential lots (mainly rental properties). Citizens feel that the sale of vehicles in residential areas detracts from property values and adversely affects neighborhood aesthetics. This problem can be diminished by making it an offense for the owner of a vehicle to park or allow the parking of a vehicle displaying advertising for the sale of the vehicle on private property with these exceptions: 1. The vehicle is offered for sale on property zoned for the sale of vehicles of the same type. 2. No more than 1 vehicle is displayed for sale on a paved surface of private residential property occupied by the owner of the vehicle and no more than one other vehicle has been offered for sale from that property within any one calendar year. Enforcement of these provisions will be handled by the Police Department and Neighborhood Services Consumer Health Inspectors and Code Enforcement Officers. The owner of any vehicle found parked in violation of this Section will be subject to citation which is punishable by a fine not to exceed $200. Verbal notification and /or posted notice will be used as appropriate to gain voluntary compliance. Citations will be issued after sufficient notice is given or immediately if individual circumstances merit that action (i.e. repeat offender). Respectfully Submitted, Jo Ann Stout Jimmy Perdue Director of Neighborhood Services Chief of Police ISSUED BY THE CITY MANAGER m NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -041 t ._2.'. Date: March 24, 2008 Vill Subject: Public Art Commission for the Grand Ave Park Plaza The approved 2007/08 Capital Improvement Program includes funding for public art within the Grand Ave Park Plaza. The park plaza is currently under design with construction expected to begin this October. Funding for a significant public art commission has been included in the Parks CIP Budget since 2001. Originally, this public art commission was planned under the Davis Blvd fly -over bridge at Blvd 26 and Bedford Euless Road. Within the last few years, TxDOT had started using this area for highway material storage related to de -icing and highway maintenance. As a result, it was recommended that the public art commission be relocated to the Grand Ave Park Plaza located south of the Library and north of The Venue. The public art commission will be an important feature within the park plaza signifying arrival into the HomeTown NRH commercial and residential subdivision. For the past few months, staff has researched potential artists that have produced outdoor public art within an urban mixed use development. In identifying potential artists, the following criteria were considered: • The sculpture should visually signify the arrival into the HomeTown NRH Development area and be site specific to the park plaza and surrounding facilities • The sculpture should be a lighted piece that extends out beyond the park • The sculpture should be easy to understand and non - controversial • The sculpture should be artistically well designed and compositionally fit the space • The medium selected must be in context with the surrounding architecture After reviewing several potential artists with qualifications and experience related to the above criteria, staff is recommending Barbara Grygutis for the public art commission. Barbara is a resident of Arizona and has created works of art for public spaces since 1971 including 50 commissions of public art throughout the country. She was born in Hartford, Connecticut and was raised in Israel. She earned BFA and MFA degrees from the University of Arizona. Barbara has a history of designing large scale, site - specific public art that is thematically based with strong visual statements about the communities for which the public art was created. Within the sculptural elements of her designs the viewer will notice interplay between art and nature. If Barbara is confirmed for the project, the contract will include the design, fabrication and installation of the public art. After a site visit, Barbara will develop a conceptual design for the project with two to three variations of the design. Staff is seeking input from Mayor and Council regarding the recommendation of Barbara Grygutis for the Grand Ave Park Plaza public art commission. A selection of Barbara's work will be presented in a PowerPoint presentation. If Mayor and Council concur with the selection of the artist, staff will bring the Award of Professional Services Agreement to the April 14th council meeting. Respectfully Submitted, Vickie Loftice Director of Parks and Recreation INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -040 1 Date: March 24, 2008 Subject: Review Proposed Quad Cities Rebranding Efforts Quad Cities DFW is in the formative stages of rebranding. The main purpose of this presentation is to share the creative mission and status that the advertising firm developed for this proposed rebranding, as well as to solicit input from the Council prior to moving forward with the rebranding process. At the March 13 Quad Cities DFW Board meeting, this rebranding initiative was presented. Councilman Ken Sapp, the NRH elected representative on the Board, and Jared Miller representing the City Manager who is on the Board, were in attendance and heard the presentation. Since this is a significant change from the current name, it was felt that each City Council should fully understand the proposal to give their representatives on the Quad Cities DFW Board feedback prior to any final decision. Witherspoon Advertising was chosen to offer direction and develop new creative materials. Jason Meyers, Vice President, and Marcus Dickerson, Creative Director, have been invited to make the presentation on the rebranding efforts. Witherspoon has proposed to provide the following. • New name, logo and tagline • Master brochure (w /o printing) • Website with programming • Public /Media Relations • Direct mail (series of 3) • Promotional items • Trade show booth • Local promotion & advertising $ 3,500 $ 5;500 $10,000 $ 2,500 $ 3,500 (w /o print &postage) $ 3,500 $ 7,500 TBD The above recommendations are made for the following reasons. The decision by Watauga to drop out of Quad Cities presented the organization with a reason and opportunity to brand itself in a new way. Quad Cities poses the question "Which 4 cities ?" A new name would allow the organization to avoid that question and build a new image with the flexibility to expand membership. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � It is hoped that, with a new identity, the organization can develop materials that reflect a fresh, vibrant look and feel. Updated materials will promote a more professional image, better reflect the organization's mission and goals, focus on target customers, and create a "Brand Personality" that not only reflects the organization today, but what it aspires to be. In this IR is the propose name CYGNET, logo, and identification material. One of the representatives of Witherspoon will explain this and the marketing strategy. Located in one of the best locations in the DFW metroplex, Quad Cities DFW has enormous potential to capitalize on the growth of the area. The organization seeks to develop a branding campaign that its customers can believe in and shows the organization to be "real players" in the game. Creative Brief Summary OBJECTIVE: Improve image of area. Create awareness of area. Develop a brand name that is positive and desirable. Position this area as the premier sub - market in the DFW region. MAIN BARRIER: Poor existing image (old and declining). COMPETITIVE ADVANTAGE: Location, location, location. Proximity to DFW, Alliance Texas and downtown Fort Worth. Again the purpose of this item is to review the propose rebranding and to solicit Council comments, suggestions, and questions. Councilman Sapp will be prepared to further elaborate on this matter and the recent Board meeting. Respectfully Submitted, Jared Miller Assistant City Manager Ji �a CORRIDOR t ` t Where DFW Connects { 4:: wori 60 i • • 60 i • CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 3 -24 -2008 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: George Staples Council Meeting Date: 3 -24 -2008 Agenda No. B.1 Subject: Executive Session: Pursuant to the provisions of Section 551.071, Texas Government Code the City Council will meet in closed session for Consultation with Attorney for an update on litigation: 1) Kopank vs. Espy; 2) Rogers vs. NRH; 3) Friend vs. NRH (10 Minutes) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 3 -24 -2008 Presented by: Agenda No. B.2 Subject: Executive Session: Pursuant to the provisions of Section 551.072, Texas Government Code to discuss land acquisition for the central west neighborhood park Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 3 -24 -2008 Agenda No. C.0 City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, March 24, 2008 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation (s) and Recognition (s) - Presentation of Proclamation for "Dr. Bruce Jacobson Day" presented by Councilman Welch A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of March 17, 2008 City Council Meeting B.2 GN 2008 -021 Assignment of Public Right of Way Use Agreement from Harding Company to Metroplex Barnett Shale LLC - Resolution No. 2008 -016 B.3 PU 2008 -008 Award RFP 08 -016 to Buck's Awninq in the Amount of $73,000 for the Construction of Metal Structures No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. FO GENERAL ITEMS F.1 GN 2008-019 Parking of Vehicles for Sale Prohibited - Ordinance No. 2981 F.2 GN 2008-022 Amendment of Medical Directors Contract to include NRH20 - Resolution No. 2008-017 F.3 GN 2008-023 Certification of Unopposed Candidates, Cancelling Election and Declaring Unopposed Candidates Elected to Office - Ordinance No. 2986 FA GN 2008-026 Authorize the City Manager to Execute a Professional Services Contract with Brinkley Sargent Architects in the amount of $1780,385 for Professional Architectural Services related to design and construction of the Recreation Center - Resolution No. 2008-019 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Discover: Project Green H.2 Announcements - Councilman Whitson H.3 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Call to Order - Mayor Trevino Council Meeting Date: 3 -24 -2008 Agenda No. A.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Invocation - Councilman Barth Council Meeting Date: 3 -24 -2008 Agenda No. A.1 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Pledge - Councilman Barth Council Meeting Date: 3 -24 -2008 Agenda No. A.2 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 3 -24 -2008 Presented by: Agenda No. A.3 Subject: Special Presentation (s) and Recognition (s) - Presentation of Proclamation for "Dr. Bruce Jacobson Day" presented by Councilman Welch PROCLAMATION WHEREAS, Dr. Bruce Jacobson was born in St. Paul, Minnesota and raised in Wisconsin; and WHEREAS, in 1944, at the age of 18, Dr. Jacobson enlisted in the Navy and served as a gunner's mate in the Pacific Theatre in World War II; and WHEREAS, Dr. Jacobson moved to Fort Worth and went to TCU to study pre- med; attended Baylor Medical School and then completed his Internship and Residency at John Peter Smith Hospital; and WHEREAS, in 1961, with Dr. Charles Rush, Dr. David Pillow, Drs. Bob and Martha Chapman, and Dr. John Jermyn founded Glenview Hospital; and WHEREAS, in 1964, Dr. Jacobson helped found the Northeast Medical Clinic in North Richland Hills; and WHEREAS, from 1974 to 1988 Dr. Jacobson served as a professor and director of the Family Practice Residency program at JPS; and WHEREAS, his other accomplishments include serving as President of the BISD Board of Trustees, being appointed by President Ronald Reagan to the President's Commission for the Study of Ethical Problems in Medicine and Biomedical Issues, serving on the National Advisory Board on Child Abuse and Neglect, serving as president of the Tarrant County Medical Society, and serving on numerous committees at the state and local levels; and WHEREAS, North Hills Hospital recently presented Dr. Jacobson with its "Lifetime Achievement Award" in recognition of his many years of service to the hospital and community. NOW, THEREFORE, I, Oscar Trevino, Mayor of the City of North Richland Hills, Texas do hereby proclaim March 24, 2008, as: "DR. BRUCE JACOBSON DAY" in the City of North Richland Hills and urge all citizens to join in recognizing the many outstanding contributions Dr. Jacobson has made to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 24th day March 2008. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 3 -24 -2008 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. ODELL STREET DRAINAGE To the City Council North Richland Hills, Texas: We are here as a group to make you, our City Council, aware of the drainage problems that are plaguing the 8000 and 8100 blocks of Odell Street. Specifically, the East end of Odell between Smithfield and Davis. The rainwater runoff is a two fold issue; one, there is neither curbing nor storm drains on Mickey Street and two; there are low curbs and no storm drains on Odell. Water overflows the Odell curbs and flows into our yards. Serious damage to property has occurred and unless a permanent fix is completed, additional damage is going to happen. 8105 Odell lost three large and beautiful oak trees; they became uprooted due to copious quantities of water running off from the street. 8024 and 8028 lost portions of their landscape wall and 8028 has mud in the swimming pool after a heavy rain. 8025 has had water encroaching on the foundation and it is only a matter of time that additional flooding will occur. 81095 81135 8117 and 8119 have suffered major damage and expense to landscaping and fences because of the inadequate drainage on Odell and Mickey. This area is not in a recognized flood plain and the city has not addressed these issues. The city engineering department has been aware of these problems since at least 2000 as it was reported- by the prior owner of 8025 Odell. Mike Curtis and his staff are aware of the problem and have made efforts to curtail the flooding with sand bags and a few curb repairs. These efforts have not fixed the problem, although it has helped somewhat. Please look at the volume and velocity of the water racing down Odell and through the backyards and then imagine what will happen to children caught in this flood. This is a very dangerous and extremely unsafe situation for all of the children on Odell. Our group represents the 10 homes, a mix of both old and new, and 3 vacant lots that are going to be built on. We want to see the City of North Richland Hills recognize our needs and repair our street this year, not some nebulous time in the future. We were told last year that it would take a year for the permanent repairs to be start and the year is up. Gary Kammer, 8024 Odell Murphy Krajenta, 8028 Odell Steve and Melinda Brothers, 8104 Odell Kelcy and Erin Perkins, 8108 Odell Freddie and Kathy El Chami, 8025 Odell Scott and Michelle Watrous, 8029 -8105 Odell Gene and Svetlana Barnett, 8109 Odell Nikolai and Olga Borodachev, 8113 Odell Hope West, 8117 Odell Lee and Rhodora Linch, 8119 Odell CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Removal of Item(s) from Consent Agenda Council Meeting Date: 3 -24 -2008 Agenda No. A.5 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 3 -24 -2008 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 3 -24 -2008 Agenda No. B.1 Subject: Approval of Minutes of March 17, 2008 City Council Meeting Recommendation: To approve the minutes of the March 17, 2008 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — MARCH 17, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 17th day of March, 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Suzy Compton Mayor Pro Tem, Council Place 3 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Ogden Bo Bass Assistant City Manager Jared Miller Assistant City Manager Karen Bostic Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager Larry Koonce Finance Director Mike Curtis Public Works Director JoAnn Stout Neighborhood Services Director Jimmy Perdue Police Chief Andy Jones Fire Chief Eric Wilhite Chief Planner Call to Order Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting There were no items discussed. A.2 IR 2008 -033 Update on Completion of City Council Goals and Action Items Ms. Elizabeth Reining, Assistant to City Manager, presented a PowerPoint presentation reviewing the goals and objectives established by Council at a workshop in November 2006. In April 2007, Council approved the action items created by staff to meet Council's goals and objectives. Ms. Reining updated the Council on the status of the 99 action items of which 51 are ongoing or projects that staff continually works on, 24 are complete, 17 are in progress or projects where significant work has been done, but the project is not yet complete and 6 items are not complete or projects that have little or no progress made to them. A.3 IR 2008 -035 Update on Neighborhood Initiative Projects for Fiscal Year 2006 -07 Ms. JoAnn Stout, Neighborhood Services Director, presented a PowerPoint presentation giving a brief overview of the Neighborhood Initiative Program. During fiscal year 2006 -2007, there were 74 projects completed by neighborhood initiative volunteers, and businesses donated $3,795 towards the purchase of the materials used for the projects. Council was shown before and after photos of the projects completed and advised of the businesses and volunteers that participated in each of the projects. There were no questions from the Council. A.4 IR 2008 -037 Update on Proposed Big Fossil Creek Outfall Main Mr. Mike Curtis, Public Works Director, presented a PowerPoint presentation updating the Council on the City of Fort Worth's plan to replace three existing sewer mains with a regional sewer main along Big Fossil Creek and a long -term maintenance agreement to cover cost of repairs and maintenance for the three existing sewer mains until the new main is completed. Fort Worth is planning to construct a new Big Fossil Creek Outfall main that will replace three existing Tarrant County Water Supply Corporation sewer mains owned by North Richland Hills, Haltom City and Richland Hills. The cost for the new line will be divided among the four cities and will be based on the amount of flow each city is contributing to the new line. In the near future staff will be bringing an interlocal agreement to Council outlining the cost participation for the new line. One of the three existing sewer lines had a major break last summer. The line is owned by North Richland Hills and Richland Hills. Fort Worth repaired the line and the cities of North Richland Hills, Richland Hills and Fort Worth will equally share in the repair cost. An item on the regular agenda pertains to an interim agreement for the cost of the repair that was made last summer. Fort Worth is in the process of preparing a long term maintenance agreement to cover the cost of repairs and maintenance for the three existing sewer mains, and has indicated that they will propose that the cost to maintain and repair all three lines be split evenly by Fort Worth, North Richland Hills, Richland Hills and Haltom City. The four way split of the maintenance and repair costs would continue until the new Big Fossil Creek Outfall main is constructed to replace the existing lines. In response to questions from Council, Mr. Curtis explained that the new line will not be located along the same route as the existing line because of right -of -way constraints and the need to keep the existing line flowing until the new line is completed. A.5 IR 2008 -038 Update and Review of NETS Service in North Richland Hills Ms. Elizabeth Reining, Assistant to City Manager, presented a PowerPoint presentation reviewing Northeast Transportation Services (NETS) 2007 service numbers. NETS serves seven cities in Northeast Tarrant County. In 2007, North Richland Hills had 21 percent of the total usage with 4,558 rides. Ms. Reining explained how the rides were prioritized and reviewed with Council the various service statistics. There were no questions from Council. A.6 Adjournment Mayor Trevino announced at 6:16 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order March 17, 2008 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Scott Turnage Tim Welch Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson George Staples Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager City Secretary Attorney A.1 INVOCATION Mayor Pro Tern Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tern Compton led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Presentation of "March for Meals" Proclamation Presented by Councilman Whitson Councilman Whitson presented a proclamation to Mr. Tom Hill, Meals on Wheels representative, proclaiming the month of March as March for Meals Awareness Month. A.4 SPECIAL PRESENTATION Presentation of Proclamation for "Dr. Bruce Jacobson Day" presented by Councilman Welch Dr. Jacobson was unable to receive proclamation. The presentation of the proclamation will be rescheduled to a future Council meeting. A.5 CITIZENS PRESENTATION Mr. Bill Ernst, 5428 Roberta Drive, expressed concerns with the traffic on 820 and the 18- wheelers usage of the lanes. Mr. Ernst asked if signs could be erected to prohibit the trucks from using the left lane. Mr. Ernst also expressed concerns with the excessive muffler noise caused by some vehicles and motorcycles. Mayor Trevino asked Mr. Bass to send a letter to Michael Morris at North Central Texas Council of Governments addressing truck traffic in the left lanes on 820 and possibly 183 through the HEB area. Mayor Trevino also asked the City Manager's office to contact Mr. Ernst to advise of city's ordinances addressing the issue with muffler noise. None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF FEBRUARY 25, 2008 CITY COUNCIL MEETING B.2 RP 2008 -01 CONSIDERATION OF A REQUEST FROM SR PARTNERS HIGHWAY 26, LLC TO APPROVE A REPLAT OF LOT 1, BLOCK A, INTO LOTS 1R AND 2R BLOCK A, EDISON JEWELERS ADDITION AND DEVELOPERS AGREEMENT FOR RELOCATION OF A WATER MAIN LINE (LOCATED IN THE 7500 BLOCK OF BOULEVARD 26 - 5.504 ACRES) B.3 PW 2008 -007 AWARD OF PROJECT RFB NO. 08 -019 IN THE AMOUNT OF $242,593.00 FOR THE CONSTRUCTION OF THE NORTH HILLS SANITARY SEWER IMPROVEMENTS PROJECT - RESOLUTION NO. 2008 -013 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PUBLIC HEARINGS C.1 SUP 2008 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TY BAILEY TO APPROVE A SPECIAL USE PERMIT FOR THE PURPOSE OF CONSTRUCTING AN ACCESSORY BUILDING OVER 500 SQUARE FEET AT 7008 DOUGLAS LANE - ORDINANCE NO. 2985 APPROVED Mayor Trevino opened the Public Hearing. Mr. Ty Bailey, 7008 Douglas Lane, applicant, presented his request for approval of a Special Use Permit to erect an accessory building at his residence. Councilman Whitson asked if consideration was made to make the building masonry instead of metal Mr. Bailey advised it had been considered but it was not monetarily possible for him. Mr. Wilhite, Chief Planner, summarized the case and advised of the Planning & Zoning Commission's recommendations. The request is for an accessory building over 500 square feet and will replace a dilapidated wood and corrugated metal accessory building currently located on the property. The existing building does not meet required setbacks. The applicant will remove the existing structure and will erect a new 1500 square foot metal building that will meet required setbacks. The Planning and Zoning Commission recommended approval of the SUP request with the condition of limiting the structure to the proposed 1500 square feet. Councilman Welch questioned if the color of the building could be restricted. The City's Attorney advised that the restriction could be placed on the SUP. The applicant advised that the building color would be the same as his residence. Mayor Trevino called for anyone wishing to speak in favor or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN WELCH MOVED TO APPROVE SUP 2008 -01 WITH THE COLOR OF THE ACCESSORY BUILDING TO MATCH THE EXISTING HOME AT THE SITE. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 SUP 2007 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROSALBA EXLEY TO APPROVE A SPECIAL USE PERMIT FOR THE OPERATION OF A DRY CLEANING BUSINESS AT 7901 MID - CITIES BLVD - ORDINANCE NO. 2984 APPROVED Mayor Trevino opened the Public Hearing. Ms. Rosalba Exley, applicant, presented request for approval of a special use permit to operate a dry cleaning operation with an in -house processing plant. Ms. Exley advised she would be using environmentally friendly products. Mr. John McDaniel, 3521 Hilltop Road, came forward representing the owner of the retail strip center and advised he was the leasing agent. Mr. McDaniel advised the owner of the center supports the operation of the dry cleaning business and that the business will be using the newest and safest equipment on the market. Mr. Eric Wilhite, Chief Planner, summarized the case and presented the recommendations of the Planning and Zoning Commission. Mr. Wilhite advised the Planning and Zoning Commission had questioned if the vents would be screened. The applicant has advised that ventilation will be through roof system and a parapet wall will exceed height of ventilation providing screening of the vents. The Planning and Zoning Commission recommended approval of the SUP. Mayor Trevino asked for anyone wishing to speak in favor of or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN LEWIS MOVED TO APPROVE SUP 2007 -05. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.3 ZC 2007 -18 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROGER HART TO APPROVE A ZONING CHANGE OF 0.56 ACRES FROM "R -2" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICES IN THE 7900 BLOCK OF GLENVIEW DRIVE - ORDINANCE NO. 2983 APPROVED Mayor Trevino opened the Public Hearing. Mr. Roger Hart, representing the owner, presented request to rezone a 0.56 acre site from R -1 Single Family Residential to NS Neighborhood Services for the purpose of building a small retail commercial center. Mr. Wilhite, Chief Planner, summarized the case and presented the recommendation of the Planning and Zoning Commission. The applicant previously platted the tract to the east from residential to neighborhood services. Applicant subsequently purchased adjacent tract and through zoning and replating is combing the two tracts. The Comprehensive Land Use Plan depicts this area for office uses and the proposed use is consistent with Plan. The Planning and Zoning Commission recommended approval of the request. There was a brief discussion regarding the small narrow "T" strip of land at the rear of the property. Mayor Trevino called for anyone wishing to speak in favor of or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN SAPP MOVED TO APPROVE ZC 2007 -18, ORDINANCE NO. 2983. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. CA RP 2007 -14 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROGER HART TO APPROVE A REPLAT OF LOT 7, BLOCK 1, & TRACTS 10A8 & 10A10, ABSTRACT 1606 INTO LOT 7R, BLOCK 1, RICHLAND HEIGHTS ADDITION (LOCATED IN THE 7900 BLOCK OF GLENVIEW DRIVE -1.37 ACRES) APPROVED Mayor Trevino opened the Public Hearing. Mr. Roger Hart, representing the owner, presented the request for a replat. Mr. Eric Wilhite, Chief Planner, presented a summary of the case and the recommendations of the Planning and Zoning Commission. The applicant is requesting a replat of Lot 7, Block 1 and Tracts 10A8 and 10A10, Abstract 1606 into Lot 7R, Block 1, Richland Heights Addition. A public hearing is required because this property has been residentially zoned within the last five years. Mayor Trevino called for anyone wishing to speak in favor of or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN WHITSON MOVED TO APPROVE RP 2007 -14. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT There were no items for this category. PUBLIC WORKS E.1 PW 2008 -008 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $11822,800 TO KIMLEY -HORN AND ASSOCIATES, INC. FOR THE RUFE SNOW DRIVE FROM MID - CITIES BOULEVARD TO NORTH OF HIGHTOWER DRIVE (RIDGETOP ROAD) PROJECT - RESOLUTION NO. 2008 -015 APPROVED Mr. Mike Curtis, Public Works Director, presented the item. The project is the last phase of the Rufe Snow project. The project's design will include the widening of the roadway from the existing five lane undivided asphalt street to either a seven lane undivided roadway or a six lane divided roadway with landscaped medians. The professional services agreement includes an additional scope item which provides for the consultant to research, evaluate and prepare concepts showing the pros and cons of an undivided street versus a divided street with a landscaped median. Nineteen Requests for Proposals were received and evaluated by a staff selection committee. After the evaluation process, the committee unanimously recommended Kimley -Horn and Associates for the project. Key provisions of the agreement were highlighted. There was a brief discussion on the status of the Rufe Snow project south of 820 and the timeline for the completion of the last phase of the project. MAYOR PRO TEM COMPTON MOVED TO APPROVE PW 2008 -008, RESOLUTION NO. 2008 -015. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2008 -009 APPROVE INTERIM MAINTENANCE AGREEMENT WITH THE CITY OF FORT WORTH AND AUTHORIZE PAYMENT TO FORT WORTH IN THE AMOUNT OF $119,453.06 AND REVISE THE 2007 -2008 ANNUAL BUDGET APPROVED Mr. Mike Curtis, Public Works Director, presented the item. Item is to approve an Interim Maintenance Agreement with the City of Fort Worth. The agreement allows the City of Fort Worth to recover its cost of repair and maintenance of a Tarrant County Water Supply Corporation ( TCWSC) sanitary sewer main that occurred on June 3, 2007. The agreement splits the cost of the repair between the cities of North Richland Hills, Richland Hills and Fort Worth. As mentioned earlier during the council work session, a future interlocal agreement will be brought to Council outlining the long -term responsibilities for future repair and maintenance and the engineering and construction of the Big Fossil Creek Relief Sewer and abandonment of the TCWSC sanitary sewer main. COUNCILMAN WELCH MOVED TO APPROVE PW 2008 -009. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GENERAL ITEMS F.1 GN 2008 -020 AUTHORIZE THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION, RESOLUTION NO. 2008 -014 APPROVED Mr. Larry Koonce, Finance Director, presented the item. Item is to authorize the City Secretary to publish in the newspaper notice of intent of the City to issue Certificates of Obligation on April 28, 2008 in an amount not to exceed $4,750,000. Of the issuance, $150,000 will be issued for improvements at NRH2O, $285,000 will be issued for fire and public works equipment replacement, $500,000 for golf course drainage improvements, $2,000,000 for TIF No. 2 recreation center design and $1,815,000 for utility projects. Debt service payments for NRH2O , the golf course and utility projects will be paid from revenue generated by these enterprises. Debt service payments for the recreation center design will be paid from TIF No. 2 taxes. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2008 -020, RESOLUTION NO. 2008 -014. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS There were no items for this category. H.1 INFORMATION AND REPORTS Councilman Lewis made the following announcements. The North Richland Hills Police Department will hold a community meeting for residents living in District 6 on Tuesday, March 18th at Green Valley Elementary School. A meeting for residents in District 7 will be held on Tuesday, March 25th at Birdville High School. Both meetings begin at 7 p.m. For more information, visit www.nrhtx.com /police or call 817- 427 -7000. The North Richland Hills Public Library will close on Thursday, March 20th, to begin moving into its new building at 9015 Grand Avenue. During the transition, library patrons are welcome at to use the libraries in Bedford, Haltom City, Hurst, Richland Hills and Watauga. The library will reopen in its new location on Saturday, April 19th. Residents are invited to join us at 10 a.m. on April 19th for the grand opening and tours of the new facility. For more information, please call 817 - 427 -6800. NRH2O is now hiring for the 2008 season and positions are available in all departments. Applicants must be at least 15 years old, but some positions have a minimum age requirement of 16. For more information, visit www.nrh2o.com or call 817- 427 -6500. Kudos Korner - Heather Hollingsworth, Municipal Court. An e-mail was received from a resident whose son participated in the Teen Court program. She said she appreciated the support given to her son to help him reach his goals. She said the program is a great tool for the City and those involved with Teen Court should be commended for their work. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:54 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 3 -24 -2008 Agenda No. B.2 Subject: GN 2008 -021 Assignment of Public Right of Way Use Agreement from Harding Company to Metroplex Barnett Shale LLC - Resolution No. 2008 -016 At its January 8, 2007 Regular Meeting, City Council approved Resolution 2007 -001, allowing the City Manager to execute a Public Right of Way Use Agreement (Natural Gas Pipeline Crossing) with the Harding Company. That Agreement was for the pipeline that connects the Graham Ranch drill site to the Exxon Mobil gas pipeline. The pipeline begins at the Graham Ranch drill site and moves south across private property to Chapman Road. The pipeline crosses Chapman and uses Chapman Road's right of way to extend to Rufe Snow Drive. The pipeline then crosses Rufe Snow Drive and enters Watauga city limits. A map depicting the pipeline is shown in Exhibit A. The Agreement was the first to use the standardized Public Right of Way Use Agreement that Staff developed in the late fall and winter of 2006. Since the Agreement was approved, the Harding Company has formed a partnership with the Exxon Mobil Corporation to form the Metroplex Barnett Shale LLC to manage the natural gas assets in this area. Later use agreements the City has concerning the Graham Ranch drill site are with Metroplex Barnett Shale LLC and not the Harding Company. Metroplex Barnett Shale LLC is asking the City to reassign this Public Right of Way Use Agreement from the Harding Company to Metroplex Barnett Shale LLC to show proper ownership. Recommendation: Authorize the City Manager to execute an agreement reassigning the Public Right of Way Use Agreement (Natural Gas Pipeline Crossing) from the Harding Company to Metroplex Barnett Shale LLC. RESOLUTION NO. 2008 -016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager may execute an agreement reassigning Public Right of Way Use Agreement (Natural Gas Pipeline Crossing) from Harding Company to Metroplex Barnett Shale. PASSED AND APPROVED this the 24th day of March, 2008. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney EXHIBIT "A" Gas Pipeline Locations Within the City of North Richland Hills I II fiwLrwTL�LTr.Lt axLS<�aa� ooa�aL�� I I I I LAN! Aga a,r.>R • vLtiaF�i�a� L�tA ♦IIJ J ..r I swim W Wol wift Wumawsumopmum L11>< OOQI�aaMwu - LNw 1rAM � LMw LdM . Lim LMI ' Nli 1Mirsr� Aims Awetl1Rl�L■ "" Lrr�wauLwwL,� MLIMM Mi M1 Lrw NL ai k u DATA DATA LMw Low LMT/ S E PAN I Low Lim W" LNw mm L■oiwurs LM LN1 Wo 7FWIiW1[ArVE . IL&pw*wLY rdmhddmW I m Mm JJl nW, AMC N& 1010 I'd Wo Zill PLAN SCALE 1 " = 400' HARDING COMPANY F .Am MM °°"" mom D47E EXHIBIT "A! Ff. XV.& oRMMM MnMu W PIPMM JiNO �. �r 0L110N L1R cm or rroRTN mcHuwc m" �+ ..�}• e�" I�MZ TAWVM ©OUW, TEXAS �a*AAMS >C gbM111 RS ""a" «T.aa�,was� iLk T.IL11iY q�� J INLI/nilAri I uL t, sa►aNr! # vrL alai Ltia � A 1 DO�T'as Loll F I � '110P0� Aga a,r.>R • vLtiaF�i�a� L�tA ♦IIJ J ..r I swim W Wol wift Wumawsumopmum L11>< OOQI�aaMwu - LNw 1rAM � LMw LdM . Lim LMI ' Nli 1Mirsr� Aims Awetl1Rl�L■ "" Lrr�wauLwwL,� MLIMM Mi M1 Lrw NL ai k u DATA DATA LMw Low LMT/ S E PAN I Low Lim W" LNw mm L■oiwurs LM LN1 Wo 7FWIiW1[ArVE . IL&pw*wLY rdmhddmW I m Mm JJl nW, AMC N& 1010 I'd Wo Zill PLAN SCALE 1 " = 400' HARDING COMPANY F .Am MM °°"" mom D47E EXHIBIT "A! Ff. XV.& oRMMM MnMu W PIPMM JiNO �. �r 0L110N L1R cm or rroRTN mcHuwc m" �+ ..�}• e�" I�MZ TAWVM ©OUW, TEXAS �a*AAMS >C gbM111 CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: L Koonce /T Powell Council Meeting Date: 3 -24 -2008 Agenda No. B.3 Subject: PU 2008 -008 Award RFP 08 -016 to Buck's Awning in the Amount of $73,000 for the Construction of Metal Structures The approved Building Support Services Capital Improvement Projects includes funding to install a 24 feet by 80 feet metal awning with support columns on the west side of the Service Center and to build a 12 feet by 20 feet enclosed area on the south side of the Service Center to provide secure storage (Project # BD0807). There is also funding to build a 1600 square feet dry storage building located at the Service Center (Project # BD0808). Notice of the Intent to Bid was advertised in local newspapers, as required by State Statute and posted on the City Website. Nineteen (19) vendors were contacted and requested to participate in this process. Bid specifications were viewed on the City Website by thirteen (13) additional vendors. The Bid due date was extended for one week to try to generate more responses. Two (2) Competitive Sealed Proposals were received from the following firms: Buck's Awning $ 73,000 Affiliated Western Inc. $121,916 The scope of this project is to provide materials and labor for the construction of these metal structures. Installing the awning to the west side of the building where the service bays are located will provide needed shade to keep the shop temperature down in the summer and provide a secondary work space when the bays are full. The enclosure on the south end of the Service Center would be used to warehouse tires, pressure washers, drums of gear oil and grease, used batteries and other shop tools to eliminate the current shop clutter. Public Works has a storage building that is currently used to store equipment and dry materials. The Department has outgrown this storage area and an additional structure would provide extra storage for dry materials. The project scope and materials have been reviewed with Curtis Young of Buck's Awning. Mr. Young has agreed to perform the project as described in the specification documents for $73,000. Reference checks resulted in favorable comments from companies that have used Buck's Awning services in the past, as well as successfully performed projects for the City of North Richland Hills in the past. Recommendation: To approve PU 2008 -008 and award RFP 08 -016 to Buck's Awning in the Amount of $73,000 for the Construction of Metal Structures. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PUBLIC HEARINGS No items for this category. Council Meeting Date: 3 -24 -2008 Agenda No. C.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. Council Meeting Date: 3 -24 -2008 Agenda No. D.0 Department: City Secretary Presented by: Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Council Meeting Date: 3 -24 -2008 Agenda No. E.0 Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 3 -24 -2008 Agenda No. F.0 CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Jo Ann Stout Council Meeting Date: 3 -24 -2008 Agenda No. F.1 Subject: GN 2008 -019 Parking of Vehicles for Sale Prohibited - Ordinance No. 2981 The purpose of this ordinance is to address citizen concerns relative to the sale of vehicles on private property and to fulfill several goals established by the City Council including neighborhood preservation and enhanced community aesthetics. In order to accomplish this, the Neighborhood Services Department is seeking approval to amend Article IV of Chapter 54 by adding a new section. Under this new section the parking of a vehicle on private property with any type of sign or writing on the vehicle advertising the vehicle for sale is prohibited. The owner of a vehicle commits an offense by parking or allowing the parking of such vehicle with these exceptions: 1. The vehicle is offered for sale on property zoned for the sale of vehicles of the same type. 2. No more than one vehicle is displayed for sale on a paved surface of private residential property occupied by the owner of the vehicle and no more than one other vehicle has been offered for sale from that property within any one calendar year. Enforcement of these provisions will be handled by the Police Department, Consumer Health Inspectors and Code Enforcement Officers. The owner of any vehicle found parked in violation of this Section will be subject to citation which is punishable by a fine not to exceed $200. Verbal notification and /or posted notice will be used as appropriate to gain voluntary compliance. Citations will be issued after sufficient notice is given or immediately if individual circumstances merit that action (i.e. repeat offender). In conclusion, this amendment will provide a tool to address the illegal sale of vehicles at various locations within our community. This will help to improve the appearance of North Richland Hills and help protect its property values. Recommendation: Approval of Ordinance No. 2981 ORDINANCE NO. 2981 AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 54 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND MAKING IT AN OFFENSE FOR THE OWNER OF A VEHICLE TO PARK OR ALLOW THE PARKING OF SUCH VEHICLE DISPLAYING ADVERTISING FOR THE SALE OF SUCH VEHICLE ON PRIVATE PROPERTY; PROVIDING EXCEPTIONS FOR VEHICLES ON DEVELOPED PRIVATE PROPERTY WHERE THE SALE OF SUCH VEHICLES ARE PERMITTED BY THE CITY'S ZONING ORDINANCE; ESTABLISHING THAT THE RECORD OWNER OF SUCH VEHICLE SHALL BE PRESUMED TO BE RESPONSIBLE FOR THE PARKING OF SUCH VEHICLE; PROVIDING FOR THE WARNING AND ISSUANCE OF CITATIONS PERSONALLY OR BY POSTING NOTICE ON SUCH VEHICLES; ESTABLISHING PENALTIES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the parking of vehicles advertising their sale on property not zoned for such sales detracts from property values generally and adversely affects the livability of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Article IV of Chapter 54 of the North Richland Hills Code of Ordinances is hereby amended by adding thereto a new Section 54 -180 which shall read as follows: "Sec. 54 -180. Parking of vehicles for sale prohibited; exception (a) The parking of a vehicle on private property with any type of sign or writing upon the vehicle advertising such vehicle for sale is prohibited. The owner of such vehicle commits an offense by parking or allowing the parking of such vehicle displaying such advertising that violates this Section. Such owner shall be presumed to have parked or allowed the vehicle to be parked with such advertising. (b) It is a defense to prosecution under this Section if: (1) the vehicle is offered for sale upon developed real property where the city's zoning ordinance permits the sale of vehicles of the same type or (2) no more than one vehicle is displayed for sale on a paved surface of private residential property occupied by the owner of such vehicle and no more than one other vehicle has been offered for sale from that property within any one calendar year. (c) The Chief of Police, Consumer Health Inspector, the Code Enforcement Officer and their designated representatives and any other employee of the City authorized by the City Manager are each authorized to administer and enforce the provisions of this Section, including the issuance of citations. (d) The owner of any vehicle found parked in violation of this Section shall be deemed to have committed an offense and a citation shall be issued and delivered personally to such owner or posted on such vehicle by any of the persons described in Subsection (c) of this Section. (e) Violation of this Section shall be punishable by a fine not exceeding $200." Section 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 24th day of March, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: Fire Council Meeting Date: 3 -24 -2008 Presented by: Andy Jones Agenda No. F.2 Subject: GN 2008 -022 Amendment of Medical Directors Contract to include NRH20 - Resolution No. 2008 -017 The purpose of this report is to seek Council's approval to authorize the City Manager to sign an Amendment to the signed contract Agreement for the term January 1, 2006 through December 31, 2008 with Dr. Roy Yamada as Medical Director for the City of North Richland Hills. Further, this report is to summarize changes reflected in the Amendment. Dr. Yamada has served as the Medical Director for the Fire Department since January 1, 2000. The effective date of the amendment is April 1, 2008, and will expire with the current signed Agreement on December 31, 2008. The increase in the contract fee for the balance of the Agreement will be $5,001.00, paid in three equal payments, one each quarter for the balance of the calendar year. The purpose of the Amendment is to add medical direction for the NRH20 EMT's and EMT /Paramedics at the request of NRH2O. Approval will insure a continuity of the excellent medical direction currently in place at the Fire Department and include NRH20 EMT's and EMT /Paramedics. Recommendation: To approve Resolution No. 2008 -017. NItH RESOLUTION NO. 2008 -017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to sign an Amendment to the contract for medical direction with Dr. Roy Yamada for Medical Direction under the new terms, to include NRH20 EMT's and EMT /Paramedics, and to increase the fees $5,001.00 for the remainder of this contract ending on December 31, 2008. PASSED AND APPROVED this the 24th day of March, 2008. CITY OF NORTH RICHLAND HILLS ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Andrew A. Jones, Jr., Fire Chief STATE OF TEXAS § § AGREEMENT COUNTY OF TARRANT § The parties to the AGREEMENT are the City of North Richland Hills, Texas (hereinafter called CITY) and Roy K. Yamada, M.D. (hereinafter called DOCTOR). This document constitutes an amendment to the contract between the parties approved by City Council action on December 11, 2006 and signed by Doctor on December 12, 2006. This amendment affects performance and obligations of both parties on and after April 1, 2008 but except as herein amended, the original contract shall remain in full force and effect. The compensation shall be $24,321.00 for the period April 1 through December 311 2008 payable in three (3) equal payments of $8,107.00, payable on the first day of April, July and October of 2008. The DOCTOR shall have overall medical responsibility for the planning, implementation, operation and monitoring of the City's pre - hospital emergency and medical services. He shall also be responsible for direction and management of pre- hospital Emergency Medical Services (EMS), including continuing education activities for all involved personnel and participation with governmental institutions & public safety agencies. His services shall be performed under the direction of and subject to the approval of the Fire Chief of the City. The DOCTOR shall perform his work in conjunction with such other City personnel and officials as may be named by the Fire Chief. An amended attachment called "Addendum A" will be considered part of this document, and further defines the requirements and expectations of the DOCTOR. Roy K. Yamada, M.D. Date Larry J. Cunningham, City Manager Date Approved as to form: George Staples, City Attorney Date CITY OF NORTH RICHLAND HILLS FIRE DEPARTMENT SPECIFICATIONS FOR MEDICAL DIRECTOR "Addendum A" to Agreement between the City of North Richland Hills and Roy K. Yamada, M.D. dated January 1, 2007 I. Description The Medical Director has the overall responsibility for the planning, implementation, operation, and monitoring of the City of North Richland Hills pre - hospital Emergency Medical Services (EMS) operations. He must have the expertise and demonstrate efficiency for medical pre - hospital EMS operations. He will be responsible for the direction and management for pre - hospital EMS, including continuing education activities for all involved personnel, and participation with governmental institutions and public safety agencies. II. Qualifications to be Maintained A. License to practice medicine as a Medical Doctor (M.D.) or D.O. in the State of Texas. B. Certified in Advanced Cardiac Life Support. C. License from Drug Enforcement Agency for dispensing Schedule II narcotics. D. Be familiar with City codes, which govern the EMS system. E. Be knowledgeable of the local, regional and state EMS system's design and goals, and be interested in the improvement of EMS in the region; be knowledgeable for the current EMS environment at the local, state and national levels. F. Be willing to cooperate with other EMS providers. G. Be familiar with the skills, equipment, environment and functioning of field services. H. Be able to devote sufficient time and effort to oversee the entire North Richland Hills EMS system. I. Devote time to continued medical education with emphasis on emergency medical services and pre - hospital care. J. Be knowledgeable of the communications equipment utilized by North Richland Hills EMS. K. Maintain and provide proof of medical malpractice insurance coverage throughout term of Agreement. III. Relationships A. Accountable to the Fire Chief. B. Works in conjunction with the Fire Chief, Chief of Operations Division, EMS Staff Officer, and Quality Control and Improvement Committee members. C. Works with area hospitals, administrators, medical /nursing staff, local & state government agencies and other associated person(s) or entities. IV. Scope of Services A. General - The duties and responsibilities of the Medical Director fall into two (2) general categories: 1. Medical leadership 2. Regulatory duties (to include, but not limited to, first response, ambulance services, NRH20 EMT's and /or Paramedics, Police SWAT paramedics, and on -line & off -line medical control practices) Effective medical leadership requires extensive direct personal contact with first responders, ambulance personnel, "base station hospital" physicians, nurses and other staff. Effective medical leadership also requires regular participation in 12 to 18 meetings per year involving policy development, case review, dispute resolution, research and routine administration. Maintaining a current awareness of EMS developments at the local, state and national levels, representing North Richland Hills EMS at professional meetings, and participation in related research are also essential to effective medical leadership. Occasional local public speaking about the EMS system, press contacts, and helping to manage the systems interface with the medical community are important aspects of medical leadership. Effective regulation and performance monitoring require systematic review of standards and practices, including extensive personal observation by the Medical Director. B. No Delegation of Duties — Leadership responsibilities and oversight tasks requiring physician expertise may not be delegated. C. Development/Monitoring of Standards — The Medical Director shall develop and review standards and protocols, in compliance with current Department of State Health Services guidelines, governing every aspect of the pre - hospital operations affecting patient care, and shall develop, implement and document a process for monitoring compliance with those standards. Such standards shall govern delivery of first responder services, ambulance services, NRH2O EMT's and /or Paramedics and Police SWAT paramedics. All training to such standards shall be coordinated through and overseen by the Fire Department. Such standards shall include without limitations: 1. Medical protocols. 2. Transport protocols (air & ground). 3. Equipment and supply standards for ambulances and First responder units. 4. Standards for training, testing, certification & monitoring of ambulance personnel and first responders. 5. Protocols governing on -scene control of patient care, and interactions between first responders & ambulance personnel. 6. Procedures for the conduct of medical audits, including appeals. 7. Standards for provision of on -line medical control. 8. Uniform standards for EMS supplies and equipment. 9. Standards and procedures related to DNR orders. 10. Such other standards as may be necessary to ensure reliable patient care. 11. In addition to "Chart Audits" and other retrospective case review methods, the Medical Director shall implement a schedule of direct personal observation of first responder operations & ambulance service operations. D. Related Duties — During the course of carrying out the responsibilities listed immediately above, the Medical Director shall: 1. Conduct ongoing review of all written protocols of the EMS system, including dispatch protocols, medical protocols, transport protocols, and all other protocols of the system. Such review shall take into consideration the results of medical audits conducted throughout the year, a review of the EMS literature regarding new findings which might impact protocol revision, and input from field personnel & interested physicians. 2. The Medical Director shall have the right to periodically inspect the on -board medical equipment on EMS vehicles subject to his responsibility. Where appropriate, such inspections shall include functional testing of on -board equipment to ensure that such equipment is in good working order. Where a deficiency is found which could jeopardize patient care, the operator of the vehicle shall remove the vehicle from service until the deficiency has been corrected and confirmed by re- inspection. EMS vehicles shall also be subject to unscheduled or surprise inspections. Mechanical inspections of EMS vehicles shall not be a responsibility of the Medical Director. 3. The Medical Director shall conduct medical audits of EMS performance concerning specific cases as follows: a. Whenever a physician involved with an incident, or a patient's personal physician, requests an audit. b. Whenever a paramedic or EMT requests an audit of a case in which the paramedic or EMT was involved. C. Whenever an audit is requested by the City Manager, Fire Chief, an elected official of the City of North Richland Hills, or a member of the Fire Department's management staff. d. Whenever the Medical Director determines that an audit should be conducted. The Medical Director may determine the method and extent of investigation employed during any given audit. The investigation may range from a simple review of written documentation, to a full review of tape- recorded information (telephone request for service, dispatch communications), interviews with involved personnel and a formal review attended by persons involved with the case. Upon the request of the Fire Chief, the Medical Director shall conduct a more extensive investigation. In general, the tone and purpose of such medical audits shall be positive and educational. To the extent allowed by law, those persons whose work is the subject of an audit process, may receive and invitation to attend any such review. Further, those persons must be included in such reviews if they so request, and may be required to attend such audit reviews when the Medical Director has determined that such attendance is appropriate. Whenever audit findings indicate that exemplary care had been provided, recognitions shall be given by any Fire Department member. Should audit findings indicate a performance discrepancy, the Medical Director shall direct that appropriate steps be taken to prevent repetition. 4. The Medical Director shall participate with the North Richland Hills Fire Department EMS Quality Control & Improvement Committee. 5. The Medical Director shall serve as the primary liaison with North Richland Hills EMS administrators and the local medical community, ascertaining and being responsive to the needs of both. V. Terms In consideration of services rendered, such services shall receive compensation on a contractual basis, with payment disbursed in quarterly amounts as specified in the signed Contract or Agreement, subject to contractual limitations. The Medical Director is responsible for providing proof of insurance as follows: 1. Medical Professional Liability Insurance a. $ 200,000 per claim b. $ 600,000 aggregate 2. Medical Director Professional Liability Insurance a. $ 500,000 per claim b. $1,000,000 aggregate The Medical Director is responsible for all licenses & certificates necessary to carry out the specifications outlined in this addendum, which shall become part of the signed Agreement. The City shall provide no additional compensation or reimbursement for such expenses. The term shall be for two (2) years, with an option to renew for an additional two -year term agreeable with both parties, and shall be implemented by- a written "Notice of Intent to Continue" by the Medical Director, and accepted in writing by the Office of the Fire Chief. VI. Indemnity or Hold Harmless Statement Medical Director agrees to defend, indemnify and hold the City harmless for any loss sustained by the City as a result of a claim or suit by a third party claimant to the extent that such a loss is the result of negligence, bad faith, or other fault of the Medical Director. The Medical Director further agrees to perform the services with that standard of professional care, skill and diligence normally provided in the performance of like or similar services. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 3 -24 -2008 Agenda No. F.3 Subject: GN 2008 -023 Certification of Unopposed Candidates, Cancelling Election and Declaring Unopposed Candidates Elected to Office - Ordinance No. 2986 The Texas Election Code provides for the cancellation of an election when each candidate whose name is to appear on a ballot is unopposed and there is no proposition appearing on the ballot. The filing deadline for a place on the ballot for the May 10, 2008 City Council Election was March 10, 2008 and the deadline for write -in candidates to file declarations of write -in candidacy was March 17. At the conclusion of the filing deadlines, the candidates who filed for a place on the ballot were unopposed. The law states that the authority responsible for preparing the official ballot (City Secretary) shall certify in writing and deliver to the governing body a certification of unopposed status as soon as possible after the statutory filing deadlines. Attached is the certification of unopposed status certifying that the following persons have filed for place on the May 10, 2008 ballot, each candidate is unopposed, no write -in candidates have filed for a place on a list of write -in candidates and no proposition is on the ballot. Mayor Oscar Trevino Council Place 2 Kenneth M. "Ken" Sapp Council Place 4 Tim Barth Council Place 6 Scott Turnage On receipt of the certification from the City Secretary, the law states that the City Council by ordinance may declare unopposed candidates elected to office and an election is not held. Ordinance No. 2986 declares the above candidates elected to office and cancels the May 10 election. In accordance with State law, the newly elected officers will be sworn in after the May 10 election date. Recommendation: To accept the certificate of unopposed status and to approve Ordinance No. 2986. CERTIFICATE OF UNOPPOSED STATUS To: Mayor & City Council City of North Richland Hills From: Patricia Hutson, City Secretary As the authority responsible for having the official ballot prepared for the May 10, 2008 election, I hereby certify that the following candidates are unopposed for election to the office of Mayor and Council members Places 2, 4 and 6; that no write -in candidates have filed to be placed on the list of write -in candidates and that no proposition appears on the ballot. MAYOR: COUNCIL, PLACE 2: COUNCIL, PLACE 4: Oscar Trevino Kenneth M. "Ken" Sapp Tim Barth COUNCIL, PLACE 6: Scott Turnage Patricia Hutson, City Secretary Date: NftH CITY OF NORTH RICHLAND HILLS NOTICE OF CANCELLATION OF GENERAL ELECTION ORDINANCE NO. 2986 AN ORDINANCE CANCELLING THE MAY 10, 2008, GENERAL ELECTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home rule municipality located in Tarrant County, operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, in accordance with law a general election has been ordered for May 10, 2008, for the purpose of electing a Mayor and council members to serve on the City Council in the City of North Richland Hills; and WHEREAS, no proposition is to appear on the ballot in that election; and WHEREAS, the City Secretary has pursuant to Section 2.052, Texas Election Code, certified in writing that each candidate on the ballot is unopposed for election to office; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write -in candidacy have passed; and WHEREAS, in these circumstances Section 2.053, Texas Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel the election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the following candidates, who are unopposed in the May 10, 2008 General Election is hereby declared elected to office, and shall be issued a certificate of election: MAYOR: COUNCIL, PLACE 2: COUNCIL, PLACE 4: COUNCIL, PLACE 6: Oscar Trevino Kenneth M. "Ken" Sapp Tim Barth Scott Turnage Section 2: The election previously ordered for May 10, 2008 for election to city offices shall not be held and the City Secretary is directed to post a copy of this ordinance at each designated polling place on May 10, 2008. Section 3: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this the 24th day of March, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 3 -24 -2008 Agenda No. F.4 Subject: GN 2008 -026 Authorize the City Manager to Execute a Professional Services Contract with Brinkley Sargent Architects in the amount of $1,780,385 for Professional Architectural Services related to design and construction of the Recreation Center - Resolution No. 2008 -019 The approved Capital Improvement Program includes funding for engineering, design and construction administration services related to the development of the proposed new recreation center located between Bridge Street and Hawk Avenue, north of Walker Creek Elementary. Request for Qualifications (RFQ) were sought for the necessary professional services related to the project. The Requests were sent out to various architectural firms that specialize in recreation center design. The project was also advertised in the Fort Worth Star - Telegram and posted on the City's website. Thirteen proposals were received from: The Beck Group Brinkley Sargent Architects CMA Architecture F & S Partners GSBS Architects Schwarz Hanson Architects Wiginton Hooker Jeffry Architects Hahnfield Hoffer Stanford LBL Architects Merriman Associates Perkins + Will Randall Scott Architects, Inc. Sink Combs Dethlef The following criterion was used in evaluating the proposals: • Similar Work of Primary Consultant • Experience of the Project Team • Demonstration of the WOW Factor • Previous Experience with Municipal Work • Urban Design Background In accordance with the professional services procurement policy, a selection committee comprised of: Jared Miller, Assistant City Manager, Brad Greene, Chairman of the Park and Recreation Board, Vickie Loftice, Parks and Recreation Director, Jimmy Purdue, Police Chief, Mike Curtis, Director of Public Works, Chris Amarante, Construction Manager, and Bill Gietema, Arcadia Development, reviewed the proposals received and selected the following four firms to interview: GSBS, Inc. F & S Partners Sink Combs Dethlef Brinkley Sargent Architects The committee, after thorough discussion, unanimously selected Brinkley Sargent Architects. Brinkley Sargent Architects (BSA) is a 31 year old Texas firm that has a strong history in the metroplex of designing recreation centers that are one of a kind, aesthetically pleasing and sustainable. Their team presentation was highly effective with detailed information provided so that the consultant committee could gain a good understanding of their related experience and approach to the project. More than 90% of the work they do is in the public sector so they have a clear understanding of the importance of stakeholder input. Brinkley Sargent Architects has completed over 25 recreation projects of various types including Coppell Aquatic and Recreation Center, The Keller Pointe, Grand Prairie Activity Center, Lee Park Recreation Center, Legacy Park YMCA, Mineral Wells Recreation Center, Oak Point Recreation and Aquatic Center in Plano, Superdrome in Frisco, Don Rodenbaugh Natatorium in Allen, Sugar Land Recreation Center and most recently the Tom Muehlenbeck Recreation and Aquatic Center in Plano. Brinkley Sargent was also the lead consultant for the design of NRH2O. To their credit, BSA has five award - winning recreation projects for excellence in construction and design innovation. The current year capital budget includes $2.5 million for engineering and design services and construction administration with a total budget of $21.9 million for the project. A contract has been negotiated in the amount of $1,780,385 which includes Project Administration Services, Design Services, Construction Procurement Services and Contract Administration and Observation. The contract also includes Civil Engineering, Accessibility Consulting, Public Input, Landscape Design, Business Modeling based on conceptual designs, Interior Design, Cost Estimating, Equipment, Furniture Section and Procurement, and Aquatics Consultant Services. A Reimbursable Budget of $74,500 is included in the contract. Survey work and geotechnical reports will be provided by the City and are not included in the contract. Excluding the Reimbursable Budget, the total contract amount equals 9.3% of the construction budget or 8% of the total project budget. After the contract has been executed and the Notice to Proceed is issued by the City, it is anticipated that design services will take approximately 12 — 14 months. Recommendation: To approve Resolution No. 2008 -019. NRH RESOLUTION NO. 2008 -019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute a Professional Services Agreement with Brinkley Sargent Architects in the amount of $1,780,385 for Professional Architectural Services related to the design and construction of the Recreation Center as the act and deed of the City. PASSED AND APPROVED this the 24th day of March, 2008. CITY OF NORTH RICHLAND HILLS Loon ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Director of Parks and Recreation 8AIA Document 6141" —1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 11 RESPONSIBILITIES OF THE PARTIES 13 TERMS AND. CONDITIONS 1A SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION I AGREEMENT made as of the Fourteenth day of April in the year Two Thousand Eight (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 Telephone Number: (817) 427 -6620 and the Architect: (Name, address and other information) Brinkley Sargent Architects 5000 Quorum" Dr., Suite 600 Dallas, Texas 75254 Telephone Number: (972) 960 -9970 For the following Project: (Include detailed description of Project) North Richland Hills Recreation Center HomeTown Development A new recreation and aquatic center to be located within the HomeTown Development. The facility is estimated to be approximately 85,000- 100,000 sf and include indoor aquatics, gymnasiums, fitness facilties, meeting spaces, child care and staff offices. The Owner and Architect agree as follows: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B141 rm —1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright taw and International Treaties. 1 Unauthorized reproduction or distribution of this AIA " Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) ARTICLE 1.1 INITIAL INFORMATION § 1,1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement. ") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) A state -of -the -art recreation and aquatic facility for use by its Citizens. § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) Site South and adjacent to NYTEX § 1.1.13 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) To be determined by Architect as part of services § 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) Not available § 1.12.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $21,900,000.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: unknown at time of execution of this Agreement § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Documents shall be complete for bidding April 28, 2009 § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) ITo be determined § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) I Project design shall follow design guidelines of Home Town Development, as provided by the City. § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Vickie Loftice, Director of Parks and Recreation 7301 NE Loop 820 North Richland Hills, Texas 76180 AIA Document 8141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIAr" Document Is protected by U.S. Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may resi,it in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) § 1.1.32 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) Jared Miller Assistant City Manager 7301 N.E. Loop 820 North Richland Hills, TX 76180 § 1.1,3.3 The`Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) § 1.1.3.4 The Architect's Designated Representative is: (List name,.,address and other information.) Dwayne Brinkley 5000 Quorum Dr., Suite 600 Dallas, Texas 75254 § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) - Counsilman Hunsaker - Aquatic Consultant - Structural Engenuity - Structural Engineer -ME Engineers - MEP Engineers -Lopez Garcia - Civil Engineers - Kendall Landscape Architects - Landscape Architects § 1.1.4 Other important initial information is: § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: § 1.1 .6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 12 RESPONSIBILITIES OF THE PARTIES § 12.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 12.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within AIA Document 8141M —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This Ale' Document Is protected by U.S. Copyright Law and international Treaties. 3 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be i prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No.1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 12.22 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. § 1.22.3 The Owner's Designated Representative identified in Section 1. 1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1. 1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 1.22.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 1:22.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 12.3 ARCHITECT § 12.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 12.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.2.33 The Architect's Designated Representative identified in Section 1. 1.3 shall be authorized to act on the Architect's behalf with respect to the Project. § 12.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 12.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. AIA Document 8141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible tinder the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No.1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.12 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies. shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. § 132 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 132.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.31.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner may use the Instruments of Service for the future additions or alterations to this Project without the prior written agreement of the Architects and Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. § 1.3,3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect AIA Document 8141 TM —1997 Part 1. Copyright m 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA'* Document, or any portion of it. may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .4 failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .6 change in the information contained in Article I.I. § 1.3.4 MEDIATION (Paragraphs deleted) § 1,3.42 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation. § 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. § 1.3.7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Owner, unless otherwise provided in Section 1.4.2. § 1.3.72 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run on the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. § 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2O1, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 1.3.7.6 Unless otherwise provided in this Agreement, 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 or toxic substances in any form at the Project site. AIA Document 8141 TM —1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The (nit. American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtA* Document, or any portion of It, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No.1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) § 1.3.73 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. (Paragraphs deleted) § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. AIA Document 8141 TY —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright t_aw and international Treaties. 7 Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) § 1.3.92 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out -of -town travel and subsistence .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 renderings, models and mock -ups requested by the Owner; .5 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .6.: reimbursable expenses as designated in Section 1.5.5; § 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141 -1997. § 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141 -1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) Exhibits A, B, C, D, E and F (attached) § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Refence Exhibit C for compensation § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. AIA Document B141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This MAY" Document is protected by U.S. Copyright Law and International 'Treaties. 8 Unauthorized reproduction or distribution of this AIA4 Document, or any portion of it, may result in severe civil and criminal penalties, and will, be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No.1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) Hourly per Exhibit F § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One and one -tenth ( 1.10 ) times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One and one -tenth ( 1.10 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any, are as follows: (Paragraphs deleted) § 1.5.7 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. §1.5.8 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing:from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1 8.00% per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within Thirty -six ( 36 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. This Agreement entered into as of the day and year first written above. OWNER (Signature) Larry J. Cunningham, City Manager (Printed name and title) ARCHITECT (Signature) Dwayne Brinkley, Senior Principal (Printed name and title) AIA Document B141 TM —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AiA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent posstble under the law. This document was produced by AIA software at 13:10:17 on 03/18/2008 under Order No.1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (1897563320) AIA Document 6141" -1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES ADDITIONS AND DELETIONS: The author of this document has 2.1 PROJECT ADMINISTRATION SERVICES added information needed for its completion. The author may also 22 SUPPORTING SERVICES have revised the text of the original AIA standard form. An Additions and 2.3 EVALUATION AND PLANNING SERVICES Deletions Report that notes added information as well as revisions to 2.4 DESIGN SERVICES the standard form text is available from the author and should be 2.5 CONSTRUCTION PROCUREMENT SERVICES reviewed. A vertical line in the left margin of this document indicates 2.6 CONTRACT ADMINISTRATION SERVICES where the author has added necessary information and where 2.7 FACILITY OPERATION SERVICES the author has added to or deleted from the original AIA text. 2.8 SCHEDULE OF SERVICES This document has important legal consequences. Consultation with an 2.9 MODIFICATIONS attorney is encouraged with respect to its completion or modification. ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. Init. AIA Document 13141 TM —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it. may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13 :12:48 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (3297527839) § 2.1.5 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. ARTICLE 2.1.7 CONSTRUCTION COST (Paragraph deleted) § 2.1.7.1 DEFINITION § 2.1.7.2 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 2.1.7.3 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. Construction Cost shall also include the compensation of the Construction Manager and Construction Manager's consultants. § 2.1.7.4 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are the responsibility of the Owner as provided in Sections 4.1 through 4.4 and 4.6 through 4.14. § 2.1.8. RESPONSIBILITY FOR CONSTRUCTION COST § 2.1.8.1 The Architect's review of the Owner's Project budget and of preliminary estimates of Construction Cost or detailed estimates of Construction Cost prepared by the Construction Manager is solely for the Architect's guidance in the Architect's preparation of the Construction Documents. Accordingly, the Architect cannot and does not warrant the accuracy of the estimates of the Construction Manager, or warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation reviewed by the Architect. § 2.1.8.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement. In no case shall the project budget exceed $21,900,000.00. § 2.1.8.3 In the event that the Construction Manager's estimate or the lowest bona fide bid or negotiated proposal received by the Owner exceeds the Owner's budget for reasons other than those described in Section 3.3, the modification of Contract Documents shall be the limit of the Architect's responsibility. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. (Paragraphs deleted) ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2.2.12 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 2,2.1.3 Architect shall determine necessity for geotechnical engineering service and the Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. AIA Document 8141 TM —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The lnit. American Institute of Architects. All rights reserved. WARNING: This AIO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:12:48 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (3297527839) ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1. The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMATIC DESIGN DOCUMENTS § 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted 'onthe drawings or described in writing. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2A.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2AA CONSTRUCTION DOCUMENTS § 2AA.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and.,updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of. (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES § 2.5.1 The Architect shall assist the Owner in obtaining CM at risk or design/bid/build proposals and shall assist the Owner in awarding and preparing contracts for construction. § 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. AIA Document B141 TM —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of It. may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:12:48 on 03/18/2008 under Order No.1000323326_1 which expires on 9/25/2008. and is not for resale. User Notes: (3297527839) § 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4 COMPETITIVE BIDDING § 2.5.4,1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the CMAR shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. § 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 2,5.4.5. The Architect shall participate in or, at the Owner's direction, a pre -bid conference for prospective bidders § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2.5.4.7 The Architect shall participate in the opening of the bids. The CMAR shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS § 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. § 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A2O1, General Conditions of the Contract for Construction, current as of the date. of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with AIA Document B141 TAI —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it. may result in severe civil and criminal penalties. and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:12:48 on 63/18/2008 under Order No.1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (3297527839) Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. § 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. § 2.6.1.6 If deemed.. appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. Init. AIA Document B141TM —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA''' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:12:48 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/25/2008. and is not for resale. User Notes: (3297527839) § 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based. on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.32 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.4 SUBMITTALS § 2.6.4,1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. Init. AIA Document 6141 TY —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'* Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA3 Document, or any portion of It. may tesuit in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:12:48 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/2512008, and is not for resale. User Notes: (3297527839) § 2.6.5 CHANGES IN THE WORK § 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. §2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the. Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might:result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 2.6.5.4 The Architect shall maintain records relative to changes in the Work. § 2.6.6 PROJECT COMPLETION § 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES § 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to N/A reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. AIA Document 8141 rm —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA3' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA*' Document, or any portion of It, may result in severe civil and criminal penalties, and will be 7 / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:12:48 on 03/18/2008 under Order No. 1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (3297527839) I up to N/A visits to the site by the Architect over the duration of the Project during construction. .3 up to N /A) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to N /A) inspections for any portion of the Work to determine final completion. §2,8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner- provided information, Contractor - prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; A providing consultation concerning replacement of Work resulting from fire or other cause during construction; ,5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; 3 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility (Architect, Owner or Not Provided Location of Service Description .1 Programming Architect I Land Survey Services Owner .3 Geotechnical Services Owner .4 Space Schematics/Flow Diagrams Architect .5 Existing Facilities Surveys .6 Economic Feasibility Studies Architect .7 Site Analysis and Selection .8 Environmental Studies and Reports .9 0 wrier-Supplied Data Coordination Architect .10 Schedule Development and Monitoring Architect .11 Civil Design Architect .12 Landscape Design Architect .13 Interior Design Architect .14 Special Bidding or Negotiation Architect .15 Value Analysis Architect .16 Detailed Cost Estimating CMAR .17 On -Site Project Representation Owner 018 Construction Management Owner A9 Start-up Assistance .20 Record DraMn s Architect 11 Post - Contract Evaluation 22 Tenant - Related Services .23 Init. AIA Document B141TM —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ' Document. or any portion of it, may result in severe civil and criminal penalties, and will be $ prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:12:48 on 03/18/2008 under Order No.1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (3297527839) 24 .25 Description of Services. (Insert descriptions of the services designated.) ARTICLE 2.9 MODIFICATIONS §'2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: Exhibits A, B, C, D., E, and F shall become part of this agreement. By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B 141 -1997, that was entered into by the parties as of the date: April, 14 2008 I11 (Signature) I Larry J. Cunningham, City Manager (Printed name and title) ARCHITECT (Signature) Dwayne Brinkley, Senior Principal (Printed name and title) Init. AIA Document 13141 Tm —1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAx" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It. may result in severe civil and criminal penalties, and will be 9 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:12:48 on 03/18/2008 under Order No.1000323326_1 which expires on 9/25/2008, and is not for resale. User Notes: (3297527839) EXHIBIT A NORTH RICHLAND HILLS RECREATION CENTER SPECIAL TERMS AND CONDITIONS SCOPE OF SERVICES The Architect will perform the following services as defined in AIA Document B141 -1992 - Standard Form of Architect's Services: Design and Contract Administration: PROJECT ADMINISTRATION SERVICES Evaluation of Project Budget Schedule Development & Monitoring Preliminary Estimate of Cost of the Work Owner - Supplied Data Coordination Value Analysis Agency Consulting as Required Selection Process with Owner of CM at Risk DESIGN SERVICES Programming Architectural Design Structural Design Mechanical Design Electrical Design Interior Material Selections Financial Modeling of Facility Landscape Design Civil Design FF &E Solution/Procurement Assistance Audio /Visual Design/Consultation CONSTRUCTION PROCUREMENT SERVICES Bidding/Proposal Documents Bidding/Negotiation Addenda Analysis of Alternates /Substitutions Pre -Bid Conference /Selection Interviews Bidding/Negotiation Bid/Proposal Evaluation CONTRACT ADMINISTRATION General Administration Submittal Services Site Visitation Payment Certification Supplemental Documentation Administration of Changes in the Work Interpretations Project Close -Out EXHIBIT B NORTH RICHLAND HILLS RECREATION CENTER SPECIAL TERMS AND CONDITIONS OF THE CONTRACT GENERAL REFERENCE NOTE: Where the term Contractor is referenced in this contract it shall be replaced with the term Construction Manager at Risk (CMAR) 1.4.1.3.1 CHANGE ORDERS A. Omissions: If the Architect fails to include or omits an item from the Contract Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, the Architect will not receive a fee for work associated with the Change Order. B. Design Error: If the Architect incorrectly designs or specifies an item which the owner specifically requested to be part of the scope of work and fails to correct the error prior to installation in the Project, thereby requiring its removal or change, the Architect shall be responsible for the cost to replace said item with the proper item. 1.4.1.3.2 STANDARD OF CARE /CONTINGENCY A. In performing Architectural Services, the Architect will strive to use that degree of care and skill ordinarily exercised under similar circumstances by competent members of the architecture profession. The Owner agrees to consider reasonable standard of care when evaluating adjustments to the project. 14.1.3.3 ADA COMPLIANCE A. The Americans with Disabilities Act ( "ADA ") provides that it is a violation of the ADA to design and construct a facility for first occupancy later that January 26, 1993 that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to do so. The parties acknowledge that the ADA and the corresponding State of Texas laws regarding disability barriers ( "State Law ") will be subject to various and possible contradictory interpretations. The Architect, therefore will use reasonable professional efforts to interpret and comply with all applicable ADA and State Law requirements and other federal, state, and local laws, rules, codes, ordinances and regulations as they apply to the Project. The Architect, due to such competing interpretations, does not warrant or guarantee that the Project will comply with interpretations of applicable provisions of the ADA and State Law. However, the Architect will timely submit the Plans and Specifications to the applicable State of Texas agency with respect to compliance with State Law in order for such State of Texas agency to review and comment to the Plans and Specifications prior to the scheduled commencement of construction. 14.1.3.4 ARCHITECTURAL REGISTRATION A. The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas 78758 (512- 458 -1363) has jurisdiction over individuals licensed where the Architect's Registration Law, Texas Civil Status, Article 249a. 14.1.3.5 AQUATIC DESIGN ASSURANCES A. The architect agrees to employ a consultant of the city's choice if at the 50% stage of schematic design the owner judges that the employed consultant is not satisfying the creative needs of this project. Their will be no additional cost to the owner to make this change unless the city's alternate choice's fees are more than the original consultant fees. North Richland Hills Rec Center Exhibit B, Page 1 of 2 14.1.3.6 Architect's insurance Coverage A. Architect shall provide the following insurance coverages as part of this contract. Brinkley Sargent Architects, Inc. Insurance Coverage Professional Liability (E & O) Limits of Liability per claim 1,000,000 Annual Aggregate 2,000,000 General Liability General Aggregate Limit (Other than Products - Completed Opreations) 450005000 Products - Completed Operations Aggregate Limit 2,0005000 Personal and Advertising Injury Limit 150001000 Each Occurrence Limit 2,000,000 Fire Damage (any one fire) Limit 10000 Medical Expenses (any one person) Limit 55000 Umbrella Each Occurrence /Aggregate 6,000,000 Automobile Liability Combined Single Limit Bodily Injury and Property Damage Each Occurrence 1,00OW Worker's Compensation Insurance Bodily Injury by Accident (each accident) 500,000 Bodily Injury by Disease (each employee) 5005000 Bodily Injury by Disease (policy limit) 500,000 North Richland Hills Rec Center Exhibit B, Page 2 of 2 EXHIBIT C NORTH RICHLAND HILLS RECREATION CENTER SERVICES AND COMPENSATION 11.2.1 A/E BASIC AND SUPPLEMENTAL SERVICES INCLUDED IN THE CONTRACT SCOPE OF WORK. A. BASIC A/E SERVICES: $1,697,885 Construction budget is $ 18,400,000. Basic Services Includes: • Architecture • MEP Engineering • Structural Engineering • All Services Noted Below • Fees to be billed monthly by percent as follows: i. Schematic Design 15% ii. Design Development 20% iii. Construction Documents 40% iv. Bidding/Negotiations 5% v. Construction Administration 20% The budget may be adjusted from time to time by City of North Richland Hills' authorization. The Architect will receive no adjustment in the fixed fee should the actual accepted construction bid amount vary from the budget and subsequently be approved by the city unless it is a result from additions to the program areas. Should the City increase the construction budget because of increased area the Architect will receive a fee adjustment equal to 6.5% of the budget increase. INTERIOR DESIGN SERVICES Interior finish selection, presentation, specifications, and shop drawing review services will be provided by Brinkley Sargent Architects as part of Basic Services. COST ESTIMATING SERVICES Services include preparing conceptual cost estimate and detail cost estimates at schematic design and design development phases. CIVIL ENGINEERING Provide civil engineering services including site horizontal control, water and sewer plans, utility plans, drainage maps, paving plans, grading plans, storm water pollution prevention plan (SW3P), utility coordination and construction administration. ACCESSIBILITY CONSULTING SERVICES Review of documents by state approved firm for conformance. Site visits for substantial completion and final state required inspection are included. All State of Texas required submittal fees are included in this contract. PROGRAMMING OF FACILITY Develop a space program based upon Owner input and citizen meetings (2) and 2 days of Focus Group Meetings. Includes identifying space requirements and budgets for facility. LANDSCAPE DESIGN SERVICES Services shall include selection of plant material, flatwork design/details and design of irrigation system as well as providing assistance in the bidding and construction North Richland Hills Rec Center Exhibit C, Page 1 of 3 administration of these elements. Designer shall coordinate all work with appropriate agencies. FINANCIAL FEASIBILITY /BUSINESS MODELING Develop a business modeling of these options of building program components. This includes developing projected expenses and revenues for each option. Findings will be published in a report. EQUIPMENT, FURNITURE SELECTION AND PROCUREMENT Assist in the selection of equipment, furnishings, specification procurement and placement of all items including punch list resolution. Based upon an FF &E budget of $750,000, fee to be equitably adjusted based upon final budget. AQUATICS CONSULTANT Aquatics consultant shall design and engineer all indoor aquatic components of this project and shall provide construction administration support for all aquatic elements. AS -BUILT DOCUMENTS Prepare a set of Reproducible drawings showing significant changes in the work during construction from data furnished by Contractor. B. SUPPLEMENTAL SERVICES (OPTIONAL) a) KITCHEN /CONCESSION SERVICES: $8,000 Services include selection and design of food service equipment for food court area and any concessions. Designer shall coordinate all work with City officials. ($5,000) Architectural Coordination ($3,000) b) AUDIO /VISUAL & ACOUSTICAL CONSULTING: $37,900 Acoustical engineering and audio /visual engineering for meeting rooms and general sound system throughout center. This is an allowance that may be adjusted based upon requirements of systems designed. ($34,900) Architectural Coordination ($3,000) c) GREEN SEMINAR: $4,000 theGreenTeam will conduct a seminar on the various metrics and methodologies available for green buildings. This includes the LEED process as well as other green certifications available. ($4,000) d) ADDITIONAL COST ESTIMATING SERVICES IF USING DESIGN /BID /BUILD PROCESS: $9,500 Development of more complete estimates at design development and construction documents phases of work. ($7,500) Architectural Coordination ($2,000) SUMMARY OF PROFESSIONAL FEES: Basic Professional Services $1,697,885 Accepted Supplemental Services (A. Kitchen /Concession Design ) $85000 Estimated Reimbursable Cost (Reference Exhibit D) $74,500 TOTAL PROFESSIONAL CONTRACT $1,780,385 North Richland Hills Rec Center Exhibit C, Page 2 of 3 SCOPE OF WORK ASSUMPTIONS 1. Building site does not require zoning on site submittal process. 2. Platting will be done by Owner. 3. Geotechnical reports will be provided by the Owner. 4. Site survey, boundary, tree survey and topographic survey by Owner. OPTIONAL ADDITIONAL SERVICES 1. Lighting design consultant as requested by the Owner. TBD based on scope of services. 2. Graphic design consultant as requested by the Owner. TBD based on scope of services. 3. As -built drawings. 4. Building Commissioning Services: $90,000 Commissioning of building HVAC / Electrical / Plumbing systems includes documentation of building MEP system performance as required for LEED Certification ($83,000). Architectural Coordination ($7,000) 5. LEED Consulting: $96,320 Sustainable design consulting LEED assistance and documentation as required to achieve a minimum Silver Certification. Energy modeling and design analysis. Daylighting consulting to evaluate opportunities for daylighting strategies ($38,820). Architectural LEED Coordination of all consultants ($30,000), LEED Certificate Documentation and CMAR requirements ($12,000). MEP Engineering LEED coordination ($12,000) Landscape LEED documentation / coordination ($3,500). North Richland Hills Rec Center Exhibit C, Page 3 of 3 EXHIBIT D NORTH RICHLAND HILLS RECREATION CENTER REIMBURSABLE BUDGET SUMMARY Printing / Plotting / Deliveries / Communications Schematic Design (4 sets) Design Development (4 sets) Construction Documents Check Set (2 sets) Bidding/Negotiations (CM to carry this as general condition cost) Construction Administration (1 as -built set of documents) Consultant Printing Travel 3D Computerized Fly Through $49,000 $11,000 $14,500 Totat Reimbursable Budget $74,500 Notes: 1. If LEED certification is pursued this budget will be adjusted. 2. Reimbursable budget shall not be exceeded without prior written consent of Owner. North Richland Hills Rec Center Exhibit D, Page 1 of I EXHIBIT E NORTH RICHLAND HILLS RECREATION CENTER ARTICLE 1.4.1.3 SCOPE OF WORK FOR FURNITURE, FIXTURES AND EQUIPMENT Research- A. Site visit current facility and document any furniture to be relocated. Design Development: A. Meet with City staff to establish FF &E requirements. B. Coordinate FF &E requirements with architectural floor plans. C. Update Budget. Construction Document Phase: A. Meet with city staff to establish furniture standards and requirements. B. Present standards of quality finish and staffing hierarchy to city staff. C. Establish and review Scope of FF &E based upon budgeting and interior design constraints. D. Present FF &E preliminary package to city staff. E. Present final FF &E package to city staff and finalize Budget. F. Complete specifications and drawings for purpose of bidding package. G. Coordinate the city staff bidding package front end general conditions consistent with city purchasing standards. H. Coordinate all MEP /Dimensional issues between bid package and building Construction Documents. I. Prepare bid package for city issuance. Bidding /Construction Administration: A. Advise Owner and Bidders on clarifications, substitutions and issuance of Addenda. B. Coordinate all vendor discussions with city. C. Assist Owner in evaluating prices and make recommendation for contract awards. D. Advise Owner and Vendor(s) on clarification items following notice to proceed. E. Provide on -site representative during furniture installation. (2 days) F. Make two (2) on -site visits to review completed FF &E installation and develop and process furniture punch list. G. Make one (1) on -site visit to review completed punch list prior to Owner's final acceptance. Exclusions: A. Work set forth by the Owner which is not set forth in the Basic Services. B. Revisions to work that are inconsistent with previous approvals or instructions. C. Services related to the advertisement of bidding documents. D. Services to develop and/or evaluate alternates for the bid documents. E. Services to develop multiple bid documents other than stated above. F. Services to develop record drawings. G. Additional presentations other than stated above. Owners Responsibilities: A. Provide single project representative. B. Exercise review and approval function in accordance with the agreed project schedule. C. Provide pertinent information developed to date which will affect the work to be performed for this project. D. Advertise furniture bids. E. Execute the contract awards into signed agreements with the successful furniture bidders. F. Provide all management and coordination for the relocation of any existing FF &E i.e., copiers, computers, microfiche, etc. North Richland Hills Rec. Center Exhibit E, Page 1 of 1 BILLING RATES 2008/2009 TITLE Senior Principal Principal Project Manager /Associate Construction Administrator Senior Programmer Staff Architect Architectural Designer II Architectural Designer I Interior Designer Draftsman Clerical RATE / HR 190.00 160.00 110.00 95.00 85.00 85.00 80.00 75.00 70.00 40.00 50.00 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: EXECUTIVE SESSION ITEMS Council Meeting Date: 3 -24 -2008 Agenda No. G.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 3 -24 -2008 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City,Secretary Presented by: Subject: INFORMATION AND REPORTS Council Meeting Date: 3 -24 -2008 Agenda No. H.0 CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 3 -24 -2008 Presented by: Geoff Sherman / Tina Earle Agenda No. H.1 Subject: Discover: Project Green Geoff Sherman, Landscape Horticulturalist and Tina Earle, Marketing /Special Projects Coordinator from the Parks and Recreation Department will make a presentation on Discover: Project Green - a new environmentally themed special event scheduled for March 29th, 10:00 a.m. to 2:00 p.m. at Cross Timbers Park. The event will focus on sustainable landscaping, tree planting and care, native plants, water, energy, and natural resource conservation, composting and much more. Discover: Project Green will provide educational experiences for the whole family — from kid friendly activities, guest panelists and native plant gardening demonstrations to tours of the native Cross Timbers prairie and displays of sustainable programs and practices. For those that want refreshments, the concession facility at Cross Timbers Park will be open for food, snacks and drinks. Kid friendly activities include a kids dig, climbing wall, live native animals and eco- crafts. The event will also include guest panelists, a green market, tree sapling giveaway, dirty sock contest and native plant gardening demonstrations. Also featured will be a Hybrid Car Show that includes Classic Chevrolet, Freeman Toyota, Huggins Honda, and Texas Motor Ford. Companies and agencies that will be providing exhibits and displays include Northeast Environmental Team — N.E.E.T, Shakley Green Cleaning, Ferrier Custom Homes, Blue Marble Media, Ewing Irrigation, ONCOR - Take a Load off Texas, Texas AgrilLife Extension, Tarrant Regional Water District, Lone Starr Irrigation Association, Green Mountain, Gurly Gurly Unique Jewelry, Keep NRH Beautiful and Little Love Bug. The City is proud to provide a new event for the community that promotes environmental and sustainability practices. The event supports City Council Goal #5: Preserve Positive City Image by "promoting and initiating environmentally responsible programs ". di tnteen ec%o--7 I Educational Sessions * Trail Tours * Hybrid Cars * Kids Area Gardening Demonstration* Live Native AnimalsoGeocaching Dirty Sock Contest* Green Market Area *Native Plants Sapling Giveaway* Concessions 0 . I - F1141 - FORIMI Cross Timbers Park n• mfkH ReLix—tuAdenjoy die differpmer. 40*�Imdm, PARKS & RECREATION I�ASIC sic C Chevrolet Clean Fuels -vr E:svo wmwrlal Smvrm CRLrx MATLIUALS Rr cycia.-4c & COMPOST H U6 INS M r 7 7,: TMd - j HONDA jC S K E E P N R H =TV&-Com BEAUTIFUL CITY OF NORTH RICHLAND HILLS Department: Communications Presented by: Councilman David Whitson Subject: Announcements -Councilman Whitson Announcements Council Meeting Date: 3 -24 -2008 Agenda No. H.2 The 2008 Sounds of Spring Concert Series will kick off on Friday, April 4th and continue every Friday through May 9th. The concerts will take place on the grounds of NRH20 starting at 7:00 p.m. Admission is FREE and everyone is welcome. For more details, visit www.soundsnrh.com or call 817 - 427 -6620. Keep NRH Beautiful encourages you to participate in the Don't Mess with Texas Trash -Off on Saturday, April 5th. Gloves, safety vests and trash bags will be provided to volunteers. For more details, please call 817 427 -6651. The North Richland Hills Youth Advisory Committee is hosting a 3 -on -3 basketball tournament on Saturday, April 12th at the NRH Recreation Center. The funds raised from this tournament will be donated to the Community Enrichment Center. For more information, please call 817 - 427 -6015. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Gerald Arnold, Utility Customer Service A 94 -year old resident called to express appreciation for the service that Gerald provided while conducting a water meter inspection at her property. She stated that he was very nice and accommodating and explained everything he was doing. She said his kindness and patience meant a lot to her.