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HomeMy WebLinkAboutCC 2008-06-09 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, June 9, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-052 Discussion of Senior Friendly Community Designation (10 Minutes) A.3 IR 2008-058 Status Report on Capital Improvement Projects (10 Minutes) A.4 IR 2008-070 Discussion of Dates for Council Goals Session 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 Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Pipeline Leases & Mineral Leases) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Discuss Leasing of Property South of 820 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 with Chapter 551, Texas Government Code on June 6, 2008 at 2 t ~ ~, -istant Ci y 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. June 9, 2008 -City 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, June 9, 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) o City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and Recognitions) No items for this category. 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. June 9, 2008 -City Council Agenda Page 2 of 4 B.1 Approval of Minutes of May 27, 2008 City Council Meeting B.2 PU 2008-016 Award Bid # 08-031 for Aquatic Park Chemical Supplies to DCC Inc. in the Amount not to Exceed $70,134.75 B.3 PU 2008-017 Award Bid # 08-030 for Motor Operated Butterfly Valve Project to Axis Construction in the amount of $73,360.00. C.0 PUBLIC HEARINGS C.1 RP 2007-06 Public Hearing and Consideration of a Request from Scott Bozarth and David Austin to Approve a Replat of Lot 1 and Lot 3-R, Block 11, Meadow Lakes Addition Phases 3 & 4 into Lots 1-R & 3-R1, Block 11 (Located in the 6300 Block of Skylark Circle - 0.604 acres and 0.415 acres respectively). C.2 ZC 2008-02 Public Hearing and Consideration of a Request from the Birdville Independent School District to Approve a Zoning Change on two parcels: 2.1 acres from "C-1" Commercial to "U" Institutional and 1.9 acres from "I-1" Light Industrial to "U" Institutional which, added to an existing "U" parcel, will create a unified 14.894 acre "U" Institutional zoned parcel (Located in the 7000 Blk. of Mid-Cities Blvd.) -Ordinance No. 2997 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2008-03 Consideration of a Request from the Birdville Independent School District to Approve a Final Plat of Lot 1, Block 1, Career and Technology Addition and Approve B.I.S.D. Agreement (Located in the 7000 Blk. of Mid-Cities Blvd. - 14.894 acres). E.0 PUBLIC WORKS E.1 PW 2008-015 Award Professional Services Contract to Freese and Nichols, Inc. for the Davis Boulevard and Mid Cities Boulevard Intersection Project F.0 GENERAL ITEMS F.1 GN 2008-046 Update the Mutual Aid Agreement with NEFDA (Northeast Fire Department Association) -Resolution No. 2008-032 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 IR 2008-069 Notice of Upcoming Public Hearing for Proposed Improvements to IH 820 June 9, 2008 -City Council Agenda Page 3 of 4 H.2 Announcements -Councilwoman Compton H.3 Adjournment All items on the agenda are for discussion and/or action. C;Prtifi~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 June 6, 2008 at ~`.'~~[ ~ ~~ - . ~'~ ~.- A~si tant Ci y 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. June 9, 2008 -City 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, June 9, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-052 Discussion of Senior Friendly Community Designation (10 Minutes) A.3 IR 2008-058 Status Report on Capital Improvement Projects (10 Minutes) A.4 IR 2008-070 Discussion of Dates for Council Goals Session 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 Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Pipeline Leases & Mineral Leases) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Discuss Leasing of Property South of 820 C.0 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 6-9-2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-052 z ,, - Date: June 9, 2008 m y~. `t ~ ~~° Subject: Discussion of Senior Friendly ommunity esignation f Faye Beaulieu with United Way-Northeast is coming to the Council Work Session to discuss the United Way's Senior Isolation Solutions program and designating the City of North Richland Hills as a Senior Friendly Community. Currently, the City is involved in the Neighbor Helping Neighbor Program. The United Way and its Area Agency on Aging created the group to bring together a variety of organizations to make life better for isolated older adults. Volunteers and professionals from neighborhood and church groups, governments like the City of North Richland Hills, businesses and human service organizations are all involved in providing a variety of services through this Neighbor Helping Neighbor Program. Services include transportation, minor home repairs, shopping assistance, wheelchair ramps, safety equipment, yard maintenance, food bank pickup, household chores, visits by phone and in person, information and referral, and meals. As an incentive to have cities work towards reducing senior isolation, the United Way has created the Senior Friendly Designation. To meet the designation, a city must have a senior advisory board that actively participates in city planning processes. A city must also meet three of five criteria. It should market its senior programs effectively to residents in minimum of three ways: have at least one intergenerational program; have a system in place to educate the community about senior resources; use of seniors as volunteers in programs or recurring city events; or, have at least one ongoing program that pairs with another city to benefit seniors. Staff believes that the City can apply for senior friendly designation with programs and activities we already do. Besides our many programs and services specifically designed for seniors, we have advisory boards at both the Bursey and Dan Echols Senior Centers. Staff believes that those two boards can fulfill our advisory board requirement. The City markets senior programs, along with other city programs, in our quarterly newsletters, monthly utility billing inserts and our website. The City uses volunteers from the senior centers help at Night of Holiday Magic and other community events. And, the City of North Richland Hills participates with six other Northeast Tarrant County communities in the Northeast Transportation Service, or NETS. NETS provides transportation to seniors. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ The City already does a lot for its senior population. Through Neighborhood Services, seniors take animals from the shelter and visit nursing homes with Warm Hugs on Wheels and the City assists seniors with minor home repairs with the NIP program. The City offers the Silver Sneakers program at the Recreation Center and both senior centers offer a variety of classes, programs and activities. This designation would merely confirm that fact. Following the presentation and discussion, if Council is interested in pursing this designation, we will follow up and move toward receiving this. Respectfully Submitted, Elizabeth Reining Assistant to the City Manager INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR2008-055 ~. Date: May 27, 2008 . ~;, ~°~ ~ . s~;•'~. ~..K; Subject: Status Report on Capital Improvement Projects Currently, there are over 100 capital projects included in the Fiscal Year 2007-2008 Capital Projects Budget. Departmental personnel responsible for these projects update information periodically to provide management with an overview consisting of expenses-to-date versus approved budget, percent complete against project phase timelines and the current status of the project including any critical issues. Staff attempts to keep Council informed of the status of capital improvement projects. On a quarterly basis, staff will select major projects and present an update to Council at worksession, followed by an opportunity to address Council questions. Eight capital projects have been selected for this update: • Calloway Branch Trail • Liberty Park Lake Phase I & II • Recreation Center • Rufe Snow Drive Street & Utility Improvements (Mid-Cities to Hightower) • Signalization o Davis Boulevard @ Bursey Road o Mid-Cities Boulevard @ Winter Park o Precinct Line Road @ Amundson Drive o Precinct Line Road @ Rumfield Road The presentation will focus on the project expenses, timeline and highlight any changes and/or adjustments that have occurred since Council was last briefed on these projects. Respectfully Submitted, Mark C. Mills Budget Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-070 x Date: June 9, 2008 ... ry a! Subject: Discussion of Dates for Council Goals Session ~t The City Council last held a Goals Session in November 2006. At that session Council and senior staff created a strategic vision for the City of North Richland Hills and developed goals and objectives to reach that vision. Randy Pennington of the Pennington Group facilitated the session. The City needs to revisit the strategic vision and goals to make sure it is on track with Council's wishes and the current economic climate. The session should be held in the fall or early winter so we can start a new budget year but also have time to readjust our goals for the next budget year. The session should take no more than two days like the last session. Staff feels that based on the last session Mr. Pennington should again facilitate the Goals Session. Mr. Pennington has forwarded several available dates for the fall and early winter. He sent blocks of three days so Council could decide if it would prefer a Thursday/Friday or Friday/Saturday schedule. The dates are: October 16-18 November 6-8 October 23-25 January 8-10 October 30-November 1 January 15-17 It should be noted, the Annual TML Conference will be held October 29 to 31 in San Antonio and the NLC Congress of Cities is November 11 to 15 in Orlando, Florida. Once Council decides a date for the Goals Session, Staff will arrange the details with Mr. Pennington and find a retreat site. Respectfully Submitted, Larry J. Cunningham City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-9-2008 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 Council Meeting Date: 6-9-2008 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Pipeline Leases & Mineral Leases) CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 6-9-2008 Presented by: Elizabeth Reining Agenda No. B.2 Subject: Executive Sesion: Pursuant to Section 551.072, Texas Government Code to Discuss Leasing of Property South of 820 CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. C.0 Subject: Adjournment 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, June 9, 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 Recognitions) No items for this category. 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. B.1 Approval of Minutes of MaY 27, 2008 City Council Meeting B.2 PU 2008-016 Award Bid # 08-031 for Aquatic Park Chemical Supplies to DCC Inc. in the Amount not to Exceed $70,134.75 B.3 PU 2008-017 Award Bid # 08-030 for Motor Operated Butterfly Valve Project to Axis Construction in the amount of $73,360.00. C.0 PUBLIC HEARINGS C.1 RP 2007-06 Public Hearing and Consideration of a Request from Scott Bozarth and David Austin to Approve a Replat of Lot 1 and Lot 3-R, Block 11, Meadow Lakes Addition Phases 3 & 4 into Lots 1-R & 3-R1, Block 11 (Located in the 6300 Block of Skylark Circle - 0.604 acres and 0.415 acres respectively}. C.2 ZC 2008-02 Public Hearing and Consideration of a Request from the Birdville Independent School District to Approve a Zoning Change on two parcels: 2.1 acres from "C-1" Commercial to "U" Institutional and 1.9 acres from "I-1" Light Industrial to "U" Institutional which, added to an existing "U" parcel, will create a unified 14 894 acre "U" Institutional zoned parcel (Located in the 7000 Blk. of Mid-Cities Blvd.) -Ordinance No. 2997 D.0 PLANNING AND DEVELOPMENT -_ Items to follow do not require a public hearing D.1 FP 2008-03 Consideration of a Request from the Birdville Independent School District to Approve a Final Plat of Lot 1, Block 1, Career and Technology Addition and Approve B I S D Agreement (Located in the 7000 Blk. of Mid-Cities Blvd. - 14.894 acres). E.0 PUBLIC WORKS E.1 PW 2008-015 Award Professional Services Contract to Freese and Nichols, Inc. for the Davis Boulevard and Mid Cities Boulevard Intersection Project F.0 GENERAL ITEMS F.1 GN 2008-046 Update the Mutual Aid Agreement with NEFDA (Northeast Fire Department Association) -Resolution No. 2008-032 G.0 EXECUTIVE SESSION ITEMS G.1 Action on And Item Discussed in Executive Session Listed on Work Session A ends H.0 INFORMATION AND REPORTS H.1 IR 2008-069 Notice of Upcoming Public Hearing for Proposed Improvements to IH 820 H.2 Announcements -Councilwoman Compton H.3 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. A.1 Subject: Invocation -Councilman Barth CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. A.2 Subject: Pledge -Councilman Barth CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Subject: Special Presentation(s) and Recognitions) Council Meeting Date: 6-9-2008 Agenda No. A.3 No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-9-2008 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. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-9-2008 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 Council Meeting Date: 6-9-2008 Presented by: Agenda No. B.1 Subject: Approval of Minutes of May 27, 2008 City Council Meeting Recommendation: To approve the minutes of the May 27, 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 -MAY 27, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27t" day of May, 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 Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham 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 John Pitstick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Jimmy Perdue Police Chief Mark Mills Budget Director Debbie Durko Municipal Court Administrator Vickie Loftice Director of Parks and Recreation Eric Wilhite Chief Planner Bill Thornton Assistant Director Parks & Recreation Heather Hollingsworth Teen Court Coordinator Absent: Suzy Compton Council, Place 3 Call to Order Mayor Trevino called the work session to order at 5:46 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 IR 2008-057 Teen Court Update Ms. Heather Hollingsworth, Teen Court Coordinator, updated the Council on the Teen Court program. The program, established in 1989 as an alternative means for teens to satisfy court fines by working community service hours, utilizes approximately 13 adult volunteers and 20-25 teen volunteers. The adult volunteers serve in the roles of Teen Court Judge, Board Member and Adult Jury Monitors. From January to April 2008, 27 volunteers have given the City 365 volunteer hours compared to 554 volunteer hours in 2007 for the entire year. Teen Court hears between 350 to 500 offender cases each year. In the 2007-08 fiscal year, it is estimated offenders will be assigned 12,185 hours of community service for a dollar value of $423,901. The program also serves as a positive point for parents and teens to gain information, referring families to community resources. Each year the Teen Court Advisory Board awards a $1,000 scholarship to qualified graduating seniors to the college of their choice. In response to questions from the Council, Ms. Hollingsworth advised that most of the surrounding cities offer a teen court program. Ms. Hollingsworth also discussed the City's Teen Court Judges. Ms. Hollingsworth was asked to express Council's appreciation to the Teen Court Judges. A.1 Discuss Items from Regular City Council Meeting Council went back to Agenda Item A.1 to receive additional information on Regular Agenda Item F.5, GN 2008-044. Chief Perdue advised of revisions to Ordinance No. 2995. Council was provided a copy of the ordinance with changes marked in red. Chief Perdue reviewed the changes and explained the rationale for the revisions. Council was advised that the Executive Board of the North Central Texas Council of Governments had adopted a resolution encouraging all member local governments to adopt ordinances regulating the purchase of copper and other valuable metals by secondary metal recyclers. The effort is to encourage the state legislature to take action next session. The original ordinance was copied after ordinances in use in some of the surrounding cities. The Police Department contacted some of those cities with ordinances already in place and solicited their feedback on what they would add if given the opportunity. Some of the revisions to the ordinance incorporate the feedback received. Mayor Trevino asked that the City Manager's office send a copy of the City's ordinance to Linda Koop at the City of Dallas to advise her of the revisions North Richland Hills made to the basic ordinance. A.3 IR 2008-062 Update on North Tarrant Parkway Mayor Trevino introduced County Commissioner Gary Fickes and advised Commissioner Fickes had been asked to join the meeting to hear the issues the City is having with North Tarrant Parkway. Mr. Mike Curtis, Public Works Director, introduced the item. Three issues with the North Tarrant Parkway (Davis Boulevard to Whitley Road) CI P project is having a substantial impact on the project schedule and budget. All three of the issues are a result of TxDOT's involvement at the plan review level. Staff is requesting from Council direction on the City's approach to the issues. Brad Trimble, project manager with Kimley Horn, presented a PowerPoint presentation giving an overview of the challenges and the City's next steps. The first issue is the length of time TxDOT has taken to review the project. Preliminary plans were submitted to TxDOT in May 2007. The City still has not received approval on the preliminary submittal resulting in a delayed start on the project and higher inflation cost. The second issue is due to scope of work changes. TxDOT preapproved during the initial project meetings, a pavement width and thickness and has since changed the scope. TxDOT has indicated that the roadway needs to be wider and thicker which will add an additional $3.2 million to the project. TxDOT is asking for afour-inch layer of asphalt with concrete on top and curb offsets. Urban streets typically do not have curb offsets, but TxDOT is requiring an additional one foot to the outside and one foot to the inside lane on both sides of the boulevard. The third issue is TxDOT is indicating that they may require the project to be bid and awarded by TxDOT Austin instead of the construction project being locally awarded. The City's position is that the project is a City street and under the City's jurisdiction, the project should be awarded by the City. If TxDOT awards the project, the overall project time will increase and approximately $2 million will be added to the project cost. TxDOT projects generally receive higher bids than locally let projects and TxDOT will add approximately 7% to the construction cost for administration and inspection fees. Council was advised that the 2005 construction cost estimate was $19,590,000 and the current estimated construction cost is $25,635,000 as a result of TxDOTs higher bids and inflation, scope change increases and administrative and inspection fees. The City's next steps are to gain TxDOT District approval of the schematic as soon as possible, negotiate with TxDOT for a local letting and complete the bid plans as soon as possible to reduce inflation risk and capitalize on contractor availability. After discussion by Council, consensus was to request assistance from Commissioner Fickes and the City's State legislators and to also involve Michael Morris, North Central Texas Council of Governments (NCTCOG), and Maribel Chavez, TxDOT District Engineer. Council also directed staff to contact Michael Morris at NCTCOG and see if the federal construction funds on the North Tarrant Parkway project can be defederalized. A.4 IR 2008-059 Update on the Davis Blvd Streetscape Project (Let's Grow Davis Initiative Ms. Vickie Loftice, Director of Parks and Recreation, introduced the item. Council was advised that staff has been working with the City's consultants, Schrickel, Rollins and Associates to develop a master plan for improvements with both landscape and hardscape along Davis Boulevard between Maplewood and Emerald Hills. The project is being implemented with the anticipation of funding through the TxDOT Landscape Cost Sharing Program. In addition, the Keep NRH Beautiful Governor's Achievement Award Project, funded entirely by TxDOT, will complement the Davis Boulevard Streetscape project. "Let's Grow Davis" was created as a theme by Staff to tie the two projects together to communicate the vision of the Davis Boulevard corridor enhancements to the corridor's stakeholders. Mr. Bill Thornton, Assistant Parks and Recreation Director, presented a PowerPoint presentation of the Master Plan for the Davis Boulevard Streetscape, priorities and a status of the TxDOT funding for the Governor's Achievement Award. The City's consultant has completed the Master Development Concept Plan and is nearing completion of the application for submittal to TxDOT. If funding for the first phase is not awarded through TxDOT this fiscal year, TxDOT will automatically consider the project for 2008/09. The State will oversee the project bidding and construction process and the City will agree to maintain the project permanently. The State shares the cost of the project development and maintenance cost of landscaping with the City with a 50/50 match. The first phase of the project includes landscape improvements at all four corners of Maplewood and Emerald Hills Way and improvements at Harwood and Lola. Mr. Thornton reviewed the master development plans and possible plant materials. The first priorities are the intersections of Maplewood, Harwood, Lola and Emerald Hills. Lower priorities are vacant properties, properties with existing plantings and those with major conflicts such as parking use of right of way. The Governor's Achievement Award project is located adjacent to the Davis Boulevard Streetscape project at Emerald Hills and Davis and is funded entirely through TxDOT. TxDOT is nearing completion of the construction documents and will receive the bids for the work. Council was advised that TxDOT is delaying many projects until they resolve funding scenarios, but TxDOT has confirmed the money is available. However, the project may be delayed until TxDOT works out their funding scenarios. A.5 IR 2008-058 Status Report on Capital Improvement Projects Mayor Trevino advised Item A.5 would be moved to the next council work session agenda because of time restraints. A.6 IR 2008-056 Update on Sustainable Development Planning Effort Mr. John Pitstick, Director of Planning and Development, presented a PowerPoint presentation giving an update on sustainable development planning. Staff is asking for consensus and direction on primary scope services for a new sustainable development ordinance to begin the process of creating a transit oriented mixed-use district around the two future commuter rail station sites (Smithfield and Iron Horse). Mr. Pitstick reviewed with Council the City's planning efforts towards sustainable development with the inception of the Home Town Plan in 1998, the 2004 Regional Rail Corridor Study that identified two future rail stations in the City and most recently the November 12, 2007 Comprehensive Plan update that identified the two rail station areas as a mixed use corridor. In the 2006-07 budget, Council approved $85,000 in capital funds for developing a sustainable development strategy and new ordinance codes for the sustainable development area. The new mixed-use code update for Iron Horse and Smithfield must be complete by April 2009 for the City to be eligible for the North Central Texas Council of Government's Call for sustainable development projects in May 2009. Staff's recommendations for Scope of Services for the Sustainable Development ordinance include: • Review of existing Town Center (Home Town) Ordinance • Review Iron Horse and Smithfield previous planning efforts • Integrate new code into existing regulatory framework • Create regulating plans and building form standards for the Iron Horse and Smithfield areas • Have public workshops or design charrettes for Iron Horse and Smithfield areas • Refine new code with first and second drafts presented to city staff and boards and committees • Final public hearing process before Planning and Zoning and City Council • Creation of website link to provide public access during adoption of new code. Following consensus of Council on the general scope of services, staff will take recommendations to the Planning and Zoning Commission and seek professional proposals from consultants. There were no questions from Council and the Council concurred with the recommendations of staff for scope of services. A.7 IR 2008-063 Vision North Texas Mr. Mike Curtis, Public Works Director, presented a PowerPoint presentation explaining Vision North Texas. Council was advised that Vision North Texas is aprivate-public partnership created by the Urban Land Institute's North Texas District Council, the North Central Texas Council of Governments and the University of Texas at Arlington. The major objectives of Vision North Texas are to increase public awareness of the growth projected for the region; educate participants about the implications of regional growth; understand the options for accommodating the growth; and create a forum for discussion about public and private sector actions. The North Central Texas region is comprised of a 16 county region with over 230 governments and a population of 6.1 million residents. Vision North Texas' objective is to plan a preferred pattern of growth for the entire 16 county region providing decision-makers new ways to support sustainable growth and contribute to the vitality of North Texas. Vision North Texas is funded by contributions from area cities and counties, sponsorships from private sector businesses and non-profit organizations, grants and in-kind assistance. The annual cost for the City to join would be $4,300, which is based on the city's current population. Staff feels that Vision North Texas is a worthwhile organization for the City to join. It will require a time commitment from City staff and possible Mayor and Council members. After brief discussion by Council, the consensus was to participate in Vision North Texas. A.8 Adjournment Mayor Trevino announced at 6:51 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 May 27, 2008 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Patricia Hutson George Staples Absent: Suzy Compton Mayor Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 7 City Manager City Secretary Attorney Council, Place 3 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) IR 2008-061 TEEN COURT SCHOLARSHIP Mayor Pro Tem Turnage, Heather Hollingsworth, Teen Court Coordinator and Ron Moore, Teen Court Advisory Board Member, presented the 2007/2008 Teen Court Scholarship to Hannah Bulllington. Ms. Bullington, a Teen Court Volunteer Attorney since September 2006 and a Richland High School graduate, was awarded a $1,000 scholarship to the chosen technical school, college or university of her choice. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) KEEP NRH BEAUTIFUL YARD OF THE MONTH AWARDS Ms. Kathy Luppy, Keep NRH Beautiful Board Chair and Councilman Whitson, presented the following Yard of the Month awards: Curtis & Betty Cheek, 6600 Briley; Mike and Mary Witt, 6728 Victoria Avenue; Ronnie & Dee Sanders, 4717 Hillside Drive; Roxanne Robinson, 5501 Scott Drive; Lynn Godwin, 8000 Irish Drive; Mike Arnold, 7612 Hightower; Dan Piazza, 9129 Nob Hill Drive; Jim & Cynthia Meyers, 7720 Tamarron Court; Ken & Dorothy Witkowski, 8501 Castle Creek Road. Diamond Ridge Apartments, 6547 Glenview Drive, was recognized as the Business Landscape winner. A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED 6.1 APPROVAL OF MINUTES OF MAY 13, 2008 CITY COUNCIL MEETING COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA, COUNCILMAN WHITSON SECON~?ED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.0 PUBLIC HEARINGS There were no items for this category. PLANNING & DEVELOPMENT D.1 FP 2008-02 CONSIDERATION OF A REQUEST FROM CORNERSTONE CONSTRUCTION AND REMODELING, LLC TO APPROVE A FINAL PLAT OF LOT 18, BLOCK 2, MEADOWVIEW ESTATES ADDITION (LOCATED AT 7525 KIRK ROAD - 0.921 ACRES) APPROVED Mr. Roger Hart, Area Surveying Inc., representing the applicant, presented the request and was available to answer questions. Mr. Eric Wilhite, Chief Planner, summarized the case and presented the recommendations of the Planning and Zoning Commission. Applicant is requesting approval of a replat of a 0.921-acre lot for the purpose of constructing a new single family residential structure. The existing wood house will be removed and a new house will be constructed in its place. The property is currently zoned R-1 Single Family Residential and meets all Subdivision Rules and Regulations. The Planning & Zoning Commission recommends approval of the replat. COUNCILMAN LEWIS MOVES TO APPROVE FP 2008-002. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. PUBLIC WORKS E.1 PW 2008-012 APPROVE ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC. FOR AMUNDSON ELEVATED TANK REHABILITATION PROJECT IN THE AMOUNT NOT TO EXCEED $78,500 -RESOLUTION NO. 2008-027 APPROVED Mr. Mike Curtis, Public Works Director, presented the item. Item is to consider approval of an engineering agreement for the design of improvements at the Amundson Elevated Storage Tank. The project consists of making internal structural repairs and refurbishing the interior and exterior portions of the 1.5 million gallon water storage tank. Five Requests for Qualifications were received and evaluated by a staff selection committee. After the evaluation process, the committee recommended Freese and Nichols for the project. COUNCILMAN SAPP MOVED TO APPROVE PW 2008-012, RESOLUTION NO. 2008-027, ENGINEERING AGREEMENT VIfITH FREESE AND NICHOLS, INC. FOR AMUNDSON ELEVATED TANK REH'AEILITATION PROJECT IN THE. AMOUNT NOT TO EMCEED $8,500. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED f -0. GENERAL ITEMS F.1 GN 2008-040 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT APPROVED Mr. Justin Durko, Chair of the Youth Advisory Committee, presented to Council the year-end report. MAYOR PRO TEM TURNAGE MOPED TO ACCEPT THE YOUTH ADVISORY COMMITTEE'S YEAR- END REPORT. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.2 GN 2008-041 APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE Item presented after F.4 F.3 GN 2008-042 PARTICIPATION IN TARRANT COUNTY'S CDBG PROGRAM - RESOLUTION NO. 2008-030 APPROVED Ms. Elizabeth Reining, Assistant to City Manager, presented the item. Tarrant County must reapply every three years to be eligible for Community Development Block Grant (CDBG) funds through the Housing and Urban Development Department (HUD). Because the City is a direct entitlement city in Tarrant County, the City must sign a joint resolution with the County every three years to continue to receive CDBG funds and for Tarrant County to administer those funds for the City. In North Richland Hills CDBG funds are funding street and housing rehabilitation programs. Council is requested to approve Resolution No. 2008-030 to participate in Tarrant County's CDBG program. Agenda Item F.4 is a similar item to allow the City to continue to participate in the HOME program through Tarrant County. COUNCILMAN EARTH MOVED TO APPROVE. GN 2008-042, RESOLUTION NO. 2008-030. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE. CARRIED ~-0. F.4 GN 2008-043 PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM -RESOLUTION NO. 2008-031 APPROVED Ms. Elizabeth Reining, Assistant to City Manager, presented the item. Item is similar to Item F.3 allowing the City to continue to participate in the Community Development Block Grant (CDBG) program. Tarrant County must reapply every three years to be eligible for CDBG funds through the HOME program. Because the City is a direct entitlement city in Tarrant County, the City must sign a joint resolution with the County every three years to receive funding and for Tarrant County to administer those funds for the City. Council is requested to approve Resolution No. 2008-031 to participate in Tarrant County's HOME Investment Partnership Program. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION' NO. 2E~08-031'. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.2 GN 2008-041 APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Ms. Elizabeth Reining, Assistant. to City Manager, presented item.. The Youth Advisory Committee has seven members that graduate in May 2.008 leaving vacancies on the 12- member board. The Youth Advisory Committee is recommending the following new members for appointment: • Haley Koontz, Richland High: School -Grade 12 Kathryn Juren, Richland High School Grade 11 • Madeline Orr} Richland High School -Grade 10 • Garrett Sullivan, Birdville High School 'Grade 12 • Sarah Hillig, Birdville High School -Grade 11 • Zane Harrington, Birdville High School Grade 10 • Nolan Tanner Kitching, t=ort Worth Christian -Grade 11 COUNCILMAN VIIHITSON MOVED TO APPROVE GN 2008-f~41, APPROVING THE YOUTH. ADVISORY COMMITTEE'S RECOMMENDATIONS FOR NEw COMMITTEE MEMBERS FOR 2008-09. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED G-Q. F.5 GN 2008-044 APPROVE AN ORDINANCE REGULATING SECONDARY METAL RECYCLERS -ORDINANCE NO. 2995 APPROVED Police Chief Jimmy Perdue presented the item. Item is to consider approval of an ordinance that would regulate secondary metal recyclers. The ordinance is designed to address the ongoing copper and other recyclable material thefts occurring throughout the region and State. The City does not currently have any second-hand recycling businesses, but the North Central Texas Council of Governments is asking cities throughout the metroplex to enact ordinances to help strengthen the laws already on the books. The ordinance received by Council was copied after ordinances in use in surrounding cities. During the work session, Council was provided with an enhanced ordinance to strengthen further the regulations. The minor changes made to the ordinance were discussed during the work session. Staff is recommending approval of the revised ordinance presented to Council during the work session. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE NO. 2995 WITH THE CHANGES REQUESTED BY THE POLICE CHIEF DURING THE COUNCIL wORl~ SESSION. COUNCILMAN VIFHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. F.6 GN 2008-045 APPOINTMENT TO TEEN COURT ADVISORY BOARD - PLACE 1 APPROVED Councilman Lewis advised he was recommending for appointment to the Place 1 position on the Teen Court Advisory Board, Mr. Thomas Langehennig. The individual serving in the Place 1 position is required to be a high school student. Mr. Langehennig is a student at Richland High School. COUNCILMAN LEWIS MOVED TO APPROVE THE. APPOINTMENT OF MR. THOMAS LANGEHENNIG TO PLACE 'I ON THE TEEN COURT AQVISORY ~OARa, TERM EXPIRING .JUNE 30, 2.009. MAIFOR PRO TEM TURNAGE SECONDEQ THE MOTION:. MOTION TO APPROVE CARRfED 6-0. G.0 EXECUTIVE SESSION ITEMS No items for this category. INFORMATION AND REPORTS H.1 IR 2008-066 HIGH SPEED RAIL INITIATIVE Councilman Welch advised he and the City Manager attended a meeting with other Northeast leaders at Tarrant County Commissioner Gary Fickes office to talk about high-speed rail. Mr. Fickes is Secretary of the Texas High Speed Rail and Transportation Corporation (THSRTC), snot-for-profit corporation consisting of local transportation and elected officials from across the state. The Texas High Speed Rail is proposing ahigh-speed rail route, called the "Texas T-Bone", to connect Houston, San Antonio, Austin and Dallas/Fort Worth. As the State's population grows from the present 23 million to a projected 50 million by 2040, 78% of the population is expected to live and work within the "Texas T-Bone" corridor. Councilman Welch introduced Commissioner Fickes. Commissioner Fickes gave a presentation on high-speed rail and the need for the high-speed rail corridor. Commissioner Fickes introduced David Dean, Dean International, Stephanie Hubbard, THSRTC, Travis Kelly, and Carolyn Sims, Precinct Administrator. A video was shown explaining the purpose of the Texas High Speed Rail Transportation Corporation and the high-speed rail initiative. Following the video, Mr. Dean further discussed the future of high-speed rail. Councilman Welch recommended that Council consider discussing the high-speed rail initiative at a future Council work session. The Council concurred with Councilman Welch's recommendation. H.2 ANNOUNCEMENTS Councilman Barth made the following announcements. Join us at NRH2O on Monday, June 2, for the park's 14th Birthday Celebration. There will be games and entertainment. Admission will be reduced to $14 for the entire day to celebrate. For more information, please visit www.nrh2o.com. Join us at Tommy & Sue Brown Park on Friday, June 6, for a FREE night of family fun. There will be games starting at 7 p.m. and we will watch the movie "Curious George" from the lawn after the sun goes down. Parking is limited. Residents are encouraged to walk or ride their bikes to the park. For more details, please call 817-427-6600. Residents can get rid of household hazardous waste including paint, oil, pesticides and other chemicals from 9 to 11 a.m. on Saturday, June 14th, at Tarrant County College NE Campus, 828 Harwood Road (by the tennis courts). Proof of residency is required. Storage capacity may limit participation to the first 75 households. For more details, please call 817- 427-6651. Kudos Korner -Cynthia Copenhaver, Richland Tennis Center. A resident e-mailed to express appreciation for the great help Cynthia provided during recent tennis lessons. The resident said Cynthia took a lot of extra time in coaching the Ladies Team, even going so far as to travel with them to off-site venues. Richland Tennis Center is very fortunate to have a professional like Cynthia on staff. H.3 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:13 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: VLoftice/LKoonce Council Meeting Date: 6-9-2008 Agenda No. B.2 Subject: PU 2008-016 Award Bid # 08-031 for Aquatic Park Chemical Supplies to DCC Inc. in the Amount not to Exceed $70,134.75 Staff has requested and received bids for the supply of pool chemicals for NRH2O Family Water Park. The chemicals are utilized for sanitizing and balancing the approximately 810,000 gallons of treated pool water at NRH2O. The two major chemicals utilized for sanitation are Sodium Hypochlorite (NaOCI) and Muriatic Acid (HCI). An additional minor chemical, Calcium Hypochlorite (CaOCI) is also included in the bid. Notice of the City's intent to bid was advertised in the local newspaper as required by State Statute; and posted on the City's website. Notice of the City's intent to bid was sent to six (6) vendors requesting them to participate in this bid process. Three (3) bids were received and the results are listed below: Sodium Muriatic Calcium Hypochlorite Acid Hypochlorite Recommended Quantity (1) 55,000 gal 2,100 gal 500 pounds Award D. C. C., Inc. $65,450.00 $3,885.00 $799.75 $70,134.75 FSTI Inc. No Bid $5,838.00 No Bid $5,838.00 Advanced Chemical $86,250.00 $4,620.00 $706.25 $101,576.25 Logistics (1) Approximate Annual Usage Based on price, staff recommends that the bid for all chemicals be awarded to D.C.C., Inc. Having only one vendor supply all chemicals decreases the time staff needs to invest in vendor communication and receiving deliveries. Sodium Hypochlorite is the major chemical used at the park. Anticipating a projected hot, dry summer and increased bather load, staff projects that approximately 55,000 gallons of Sodium Hypochlorite will be used. According to the bids, D.C.C., Inc. submitted a rate of $1.19 per gallon and Advanced Chemical Logistics $1.75 per gallon. Recommendation: To award Bid # 08-031 for Aquatic Park Chemical Supplies to DCC Inc. in the Amount Not To Exceed $70,134.75. CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 6-9-2008 Agenda No. B.3 Subject: PU 2008-017 Award Bid # 08-030 for Motor Operated Butterfly Valve Project to Axis Construction in the amount of $73,360.00. The approved Public Works Capital Improvement Program for Water Storage Tank Site Upgrades provides funding for the replacement of old water valves with motorized valves at three of the water storage tanks. The valves will be replaced at the Shady Grove elevated storage tank; Bursey elevated storage tank and the Amundson Road elevated storage tank. Notice of intent to Bid was advertised in local newspapers, as required by State Statute and posted on the City Website. Fifteen (15) vendors were contacted and requested to participate in this process. Bid specifications were viewed on the City Website by four (4) vendors. Three (3) bids were received from the following firms: VENDOR Axis Construction Red River Aero Valley Construction Construction Shady Grove Elevated Storage Tank - 24" MJ Butterfly Valves (MOV) with EIM Operator, required DIP fittings and concrete pad for above ground operator. TOTAL $24,650.00 $33,300.00 $31,274.00 Bursey Elevated Storage Tank - 16" MJ Butterfly Valves (MOV) with EIM operator, required RCCP fittings and concrete pad for above ground operator. TOTAL $24,200.00 $31,100.00 30.944.00 Amundson Road EST - 24" Flanged Butterfly Valves (MOV) with EIM operator, installed below the expansion joint in the carbon steel fill line. Price includes a new 24" expansion joint and proper bolt. TOTAL $24,510.00 $25,500.00 $27,917.00 PROJECT TOTAL COST $73,360.00 $89,900.00 $90,135.00 After reviewing the bids received, staff recommends low bidder Axis Construction be awarded the contract for this project. Axis Construction has performed similar work for the City and their work performance has always met the department's expectations. Recommendation: To award Bid # 08-030 for Motor Operated Butterfly Valve Project to Axis Construction in the amount of $73,360.00. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 6-9-2008 Presented by: Eric Wilhite Agenda No. C.1 Subject: RP 2007-06 Public Hearing and Consideration of a Request from Scott Bozarth and David Austin to Approve a Replat of Lot 1 and Lot 3-R, Block 11, Meadow Lakes Addition Phases 3 & 4 into Lots 1-R & 3-R1, Block 11 (Located in the 6300 Block of Skylark Circle - 0.604 acres and 0.415 acres respectively). Case Summary: This replat requires a public hearing due to it being in a residentially zoned subdivision and the property owners, Scott Bozarth and David Austin, represented by Stembridge & Associates, are requesting a replat of Lot 1 and Lot 3-R in Phase 3 & 4, Block 11 of the Meadow Lakes Addition into two larger lots designated as Lots 1-R and 3-R1. The newly created lots will be 0.415 acres and 0.604 acres respectively. Current Zoning: "R-2" single-family Thoroughfare Plan: These re-platted lots will have frontage as they currently do on Skylark Circle. Comprehensive Plan: The Comprehensive Plan depicts low density residential for this area. This is an existing, primarily built-out residential neighborhood. Staff Review/Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that no additional public infrastructure is required as the public streets, sewer, and water are completed along the frontage of these new lots. Planning and Zoning Commission Recommendation: Voted to Approve 5-0. Staff Recommendation: Approval of replat request. Review Schedule: Application (Revised): 4/21/08 Final Hearing: 6/9/08 Staff Review & Scheduling: 7 weeks Applicant Revision Time: 0 weeks Total Review Time: 7 weeks *Original application went to P&Z Commission and was held up for approval of utility companies to abandoned easement on previous property line. LOCATION MAP NE Loop 820 Iron Horse Golf Course r f P ~~~~~ ~~adaw ~..~~~,5 Riviera Drive City of Ha tom City Lot 1 ~ 3-R, Block 11 Meadow Lakes Addition " lei RH A RP 2ao7-os Replat Meadow Lakes Addition Phase III & IV, Lots 1 R and 3R1, Block 11 FeEt Prepared b~ Planning 8l17J07 0 195 390 780 1,170 1,560 AERIAL PHOTO PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: RP 2007-06 Applicants: Scott Bozarth and David Austin Location: 6300 Block of Skylark Circle, (1.019 Acres) You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A public hearing is being held to consider a request from David Austin to replat Lot 1, Block 3, and Lot 3-R, Block 11, Meadow Lakes Addition Phase III and IV, to Lot 1-R, Block 3, ,and Lot 3-R1, Block 11, Meadowlakes Addition Phase III and IV. Public Hearing Schedule: Public Hearing Dates PLANNING AND ZONING COMMISSION THURSDAY, MAY 15, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JUNE 9, 2008 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Plat Exhibit EXCERPT FROM THE MINUTES OF THE MAY 15, 2008 PLANNING AND ZONING COMMISSION MEETING RP 2007-06 Public Hearing and Consideration of a Request from Scott Bozarth and David Austin to Approve a Replat of Lot 1 and Lot 3-R, Block 11, Meadow Lakes Addition Phases 3 & 4 into Lots 1-R & 3-R1, Block 11 (Located in the 6300 Block of Skylark Circle -0.604 acres and 0.415 acres respectively). Chairman Randy Shiflet opened the Public Hearing at 7:06 p.m. Scott Bozarth, 6720 Riviera, NRH, TX 76180, came forward in support of this replat. He stated that they have been working on this for about a year. They purchased two lots and were re-platting them staying with the same residential zoning that it was already zoned. Their plans are to build a house to meet the existing requirements. They have worked with Greg VanNeiuwenhuize and they have waived the grading and drainage plan until the time of construction of the new home. Eric Wilhite said that this is a somewhat complicated re-plat. It will be moving an existing lot line. There is an existing easement that is on the lot line. They had to go through the franchise utility departments to sign off on the dedicated easement on the previous plat. The easement will be abandoned by this plat. The subdivision is zoned R-2 and anything that gets built on this property will also meet those guidelines. The plat meets all subdivision rules and regulations and staff recommends approval. Chairman Shiflet asked if he had understood the explanation correctly that it was just a matter of getting all of the utility companies to agree to abandon the easement? Eric Wilhite said yes. That was one of the key elements in getting this through. If the lot line was moved by replat then the easement would have to be dealt with. There is nothing in the easement and never has been. Since it was considered a dedicated easement they were required to contact the utility companies to have them sign off stating that they would never use it and would not need it. All of the city issued documents have been submitted with this plat and are in the file. They are permitted to place that note on the plat that the easement will be abandoned. With no requests to speak, Chairman Shiflet closed the Public Hearing at 7:08 p.m. APPROVED Bill Schopper, seconded by Mike Benton, motioned to approve RP 2007-06. The motion was carried unanimously (5-0). CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 6-9-2008 Presented by: Eric Wilhite Agenda No. C.2 Subject: ZC 2008-02 Public Hearing and Consideration of a Request from the Birdville Independent School District to Approve a Zoning Change on two parcels: 2.1 acres from "C-1" Commercial to "U" Institutional and 1.9 acres from "I-1" Light Industrial to "U" Institutional which, added to an existing "U" parcel, will create a unified 14.894 acre "U" Institutional zoned parcel (Located in the 7000 Blk. of Mid-Cities Blvd.) -Ordinance No. 2997 Case Summary: The applicant, Birdville Independent School District, is requesting to rezone areas of the subject tract which are not currently zoned U -Institutional. Currently the tract is divided into 3 different zones. C-1 (Commercial) on the north side along Mid Cities Boulevard, I-1 (Light Industrial) on the south side adjacent to the Cotton Belt Right-of-way, and U (Institutional) which makes up the largest portion in the center of the tract. Plat Status: Being Final platted as Career and Technology Addition Lot 1, Block 1. Existing Site Conditions: The site is basically an open field with no existing structures or significant vegetation. Comprehensive Plan: The Comprehensive Plan depicts Public /Semi-Public uses for the area. The proposed zoning is consistent with a transitional type zoning that will have less impact on residential, than heavy commercial zoning. Thoroughfare Plan: The site frontage is on Mid-Cities Blvd. (P6D); a 7-lane, divided principal arterial with 110 feet of ROW. Surrounding Zoning /Land Use: North: U institutional /church East: U institutional /city service yard & C-2 Heavy Commercial South: I-2 /vacant warehouse structure West: PD /residential Planning and Zoning Commission Recommendation: Voted to Approve 5-0. Staff Recommendation: Approval of zoning change request ZC 2008-02, Ordinance 2997. Review Schedule: Application: 3/12/08 Final Hearing: 6/9/08 Staff Review & Scheduling: 11 weeks Applicant Revision Time: 2 weeks This case was held to run Total Review Time: 13 weeks concurrent on same agenda as plat. LOCATION MAP ZC 20008-02 Zoning Change C-~, U, I-1 to U -Institutional 7000 Block of Mid Cities Boulevard Prepared by Planning 4!18108 0 20o aao 800 ~ ,2oa ~ ,goo AERIAL PHOTO PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2008-02 Applicant: Birdville Independent School District Location: 7000 Block of Mid-Cities Boulevard, 14.894 Acres You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A public hearing is being held to consider a request from the Birdville Independent School District to rezone 2 parcels: 2.1 acres from "C-1" Community Services to "U" Institutional and 1.9 acres from "I-1" Light Industrial to "U" Institutional in order to create a unified 14.894 acre "U" Institutional zoned parcel; located on the 7000 Block of Mid- Cities Boulevard. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, MAY 15, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by: CITY COUNCIL MONDAY, JUNE 9, 2008 Both Meetings Time: 7:00 P.M. Both Meetings Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 /Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS BRENDA D. RITTENBERRY 6940 PRAIRIE DAWN LN NRH, TX 76180 VICKI SMITH 6100 CHERRY GLOW LN NRH, TX 76180 IBRAHIM B IBRAHIM ETUX SOHEIR 6112 CHERRY GLOW LN NRH, TX 76180 THAYNE ETUX PATRICIA WORSLEY 6124 CHERRY GLOW LN NRH, TX 76180 ELIANA YUNGO OTTO 6929 PRAIRIE DAWN LN NRH, TX 7b 180 LEON ETUX ROSALIE ILUNGA b208 DREAM DUST DRIVE NRH, TX 76180 ROBERT ETUX JENNY HARMON 6220 DREAM DUST DRIVE NRH, TX 76l 80 ROBERT ETUX DONNA ODUNNEI..L 6944 PRAIRIE DAWN LN NRH, TX 76180 ADRIEN ETVIR PHILIP STAUSKAS b104 CHERRY GLOW LN NRN, TX 76l 80 REX ETUX YOSAHDARA HENS[.F.Y 6116 CHERRY GLO W LN NRH, TX 76180 JOSEPH R ETUX EMILY A YOUNG 612$ CHERRY GLOW LN NRH, TX76180 ESTATES AT NRH HOMEOWNERS ASSO b01 CANYON DRIVE STE 101 COPPELL, TX 75019 LAWRENCE & J PHILLIPS MCBANE 6212 DREAM DUST DRIVE FORT WORTH, TX 76] 80 JOSE A ETUX JENNIFE SII;UENTES 6232 DREAM DUST DRIVE NRH, TX 76180 AUTUMN ETVIR R DQVE- BFNAVIDES 6948 PRAIRIE DAWN LN NRH, TX 76 i 80 BONNIE D ETUX MELBA WARD 6108 CHERRY GLOW LN NRH, TX 76180 RONNA G CAMPBELL 1529 STREAMS WAY ALLEN, TX 75002 MARK D PETERSON 6132 CHERRY GLOW LN NRH, TX 76180 ROBERT ETUX BETTY MILI,WEE 6204 DREAM DUST DRIVE NRH, TX 7bi 80 SHERRY K HARPER d21 b DREAM DUST DRIVE NRH, TX 76180 RAED N ETUX BRENDA L SALAH 6236 DREAM DUST DRIVE NRH, TX 76180 DAN ETtJX TERESA liERENDOWSKY 6244 DREAM DUST DR NRH, TX 761$0 THOMAS ETUC MARY PLANT 6256 DREAM DUST DR FORT WORTH, TX 76180 STEPHANIE ETVIR MATTH ZITRICK 6248 DREAM DUST DR FURT WORTH, TX 76I80 SOULAT ALI 6260 DREAM DUST DRIVE NRH, TX 76180 WiNFIELD STARNES 6252 DREAM DUST DR NRH, TX 76180 SERGIO ETUX MARIA PADILLA 6264 DREAM DUST DRIVE NRH, TX 7b180 RICHARD S FREEDMAN RH OF TEXAS LP LEONARD SCI-1WARZ b268 DREAMDtJST DRIVE CIO REPUBLIC "TITLE OF TX 6917 DREAM-DUST DR NRH, TX 7b180 17855 DALLAS PKWY STE 200 NRH, TX 76180 DALLAS, TX 75287 LIST OF NOTIFIED PROPERTY OWNERS (cont.) CABBIE E MCNAIR JOSE ETUX REYNELA BENITEZ CESAR ETUX MARIA 6221 DREAM DUST DR 6225 DREAM DUST DR MONETERROSA NRH, TX 76180 NRH, TX 76180 6229 DREAM DUST DRIVE NRH, TX 76180 HUMBERTO M LOPEZ 6233 DREAM DUST DRNE NRH, TX 76180 JESSICA AIDE GONZALEZ 6237 DREAM DUST DRIVE NRH, TX 7618Q JOE PAVLOV 6245 DREAM DUST DR NRH, TX 761 SO vENUManxAV DxAxMAVAitAM. b249 DREAM DUST DRIVE NRH, TX 76180 SCHOENING LIVING TRUST 2343 HIGHLAND MEADOWS COLLEYViLLE, TX 76034 KAMAL-FAI-11viY FAIv1 SALAMA 62.53 DREAM DUST DRIVE NRH, TX 76180 DEBBIE SUCRE Aka DEBBIE GREENER 6921 MID CITIES BLVD NRH, TX 76180 NORTH PARK BAPTIST CHURCH BRADFORD R MILRANY 7425 MID CITIES BLVD 6305 YARMOUTH AVE FORT WORTH, TX 76180 NRH, TX 76180 JULIE A SMITH 7100 LANCASHIRE DR NRH, TX 76180 8859 DUARTE RD INVESTMENT LLC 1 U26 MII.AN AVE S PASADENA, CA 9103fl VIRGINIA MOORS 6916 DREAM DUST DR NRH, TX 761$0 1 KELLY AND PAMELA D BRITTAIN 2600 POOL ROAD GRAPEVINE, TX 76051 YOLANDA G COMACHO 6301 YARMOUTH AVE NRH, TX 761$0 RONALD L ANTINONE 901 TRAVIS AVE FORT WORTH, TX 76104 BIRDVILLE ISD Ag/Irg North Richland I-iiil LLC 6125 E BELKNAP ST CIO Quadrelle Realty FORT WORTH, TX 76117 1 west Ave Larchrnant, NY 10538 ORDINANCE NO. 2997 ZONING CASE ZC 2008-02 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.1 ACRE TRACT OF PROPERTY FROM C1 (COMMERCIAL) TO U (INSTITUTIONAL) ZONING AND REZONING A 1.9 ACRE TRACT OF PROPERTY FROM I-1 (LIGHT INDUSTRIAL) TO U (INSTITUTIONAL) ZONING (TO BE JOINED WITH AN EXISTING 10.9 ACRE U PARCEL) IN ORDER TO CREATE A UNIFIED 14.894 ACRE ZONED U (INSTITUTIONAL); ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.1 acre tract of land and a 1.9 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit One from C1 (Commercial)and 11 (Light Industrial) to U (Institutional) zoning to be joined with an existing 10.9 acre U parcel in order to create a unified 14.894 acre U (Institutional) zoned parcel. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 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. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 9th day of June, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT ONE PRaP~RTY DESCRIPTION BEING a tract of land situated in the JOHN C. PATES SURVEY, Abstract N0. 1753, in the city of North Richland Hills, Tarrant County, Texas, and being the same tact of land as described in deed to the Birdviile Independent School District recorded in Volume 136$5, Page 152 of the Deed Records of Tarrant County, Texas {D.R.7.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a I/2 -inch capped iron rod {stamped "Landes 8 Assoc.") found in the sou#herly right -of -way line of Mid -Cities Boulevard {Il0' right -of -way) at the northwest corner of Lot 2 -B -R, Block I, Antione Addition, an addition fo the City of North Richland Hills, Tarrant County, Texas, as recorded in Cabinet A, Slide 9281 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.); THENCE South, along the west line of said Lot 2-B -R, at 208.00 feet pass a I/2 -inch capped iron rod (stumped "Hedgecoth RPS 2804") found at the southwest corner of said Lot 2 -B -R and the northwest turner of Lo# I -R, Block I, Civic Centre Addition, an addition to the CI#y of Nor#h Richland Hills as recorded in Volume 399 -199, Page 19, P.R.T.C.T., and continuing along the west line of said Lot I-R, a total distance of 1,188.04 feet to a I/2-inch capped Trion rod (stamped "Hedgecoth RPS 2804") found for a corner; THENCE South 25 degrees II minutes 07 seconds East, continuing along the westerly line of said Lot IR, a distance of 220.01 feet to a i/2-inch copped iron rod (stamped "Landes 8 Asoc.") found for a corner in the northerly right -of -way line of fhe DART {Cottonbelt) Railroad; THENCE South f 4 degrees 44 minutes 18 seconds West, along said northerly right -of -way line, a distance of 273.53 feet to a I/2 -inch capped iron rod {stamped "Landes 8 Assoc.") found in easterly line of Lot 30, Block B, The Estates of North Richland Hills, an addition to fhe City of North Richland Hills. Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide No. 7954, P,R.T.C.T.; THENCE North 26 degrees 42 minutes 45 seconds West, along the easterly line of said Lot 30, Block B, a distance of 103.[8 feet to a I/2-inch rod found for o corner; THENCE North 30 degrees 22 minutes 10 seconds West, continuing along said easterly line, a distance of 726.6' feet to a I/2 -inch capped iron rod (stamped "Moak Surv Inc") found for a corner; THENCE North 10 degrees 52 minutes 09 seconds East, continuing slang said easeterly line, o distance of 755.49 feet to a I/2 -inch capped iron rod {stamped "Moak Surv Inc") found for o corner; THENCE North 06 degrees O5 minutes 09 seconds East, continuing along said easterly line, a distance of 41.18 feet to a I/2 -inch capped iron rod (stamped "Moak Surv Inc") found for a corner in the southerly right-of-way line of said Mid-Cities Boulevard; THENCE North 89 degrees 45 minutes 55 seconds East, along said southerly right -of -way line, a distance of 420.77 feet to the POINT OF BEGINNING and containing fi48,781 square feet or 14.894 acres of land. more ar less. Zoning Exhibit EXCERPT FROM THE MINUTES OF THE MAY 15, 2008 PLANNING AND ZONING COMMISSION MEETING ZC 2008-02 Public Hearing and Consideration of a Request from the Birdville Independent School District to Approve a Zoning Change on two parcels: 2.1 acres from "C-1" Commercial to "U" Institutional and 1.9 acres from "I-1" Light Industrial to "U" Institutional to create a unified 14.894 acre "U" Institutional zoned parcel (Located in the 7000 Blk. Of Mid-Cities Blvd.). Chairman Randy Shiflet opened the Public Hearing at 7:08 p.m. Victor Baxter, 4905 Pebble Ct., NRH, TX 76180 with Schrickel Rollins and Associates came forward representing the applicant. They are the civil engineer and landscape architect for the project working with HKS architects for BISD. This is a zoning change for the Career and Technology building project that is planned for this year. This is a 14.9 acre site approximately. The building will be 105,000 square feet. This zoning change was requested by staff since there were 3 zoning classifications that encompass the entire site. The construction of the school building is allowed with any of the 3 classifications but staff asked for this to be cleaned up and be made one zoning classification. If you have any questions or would like to view the site plan we have one available. Chairman Shiflet asked if he had the site plan available? Mr. Baxter said yes. Chairman Shiflet said that there were probably some people present who would like to get an idea of what would be going in there. Mr. Baxter said that this site plan is still under review with the Development Review Committee. Chairman Shiflet asked if this facility could have been built without this zoning change with the current zoning classifications? Mr. Baxter said yes. Chairman Shiflet said that this is just a clean up of the zoning classifications. Mr. Baxter said yes. He said that the building would be very appealing from the front and will be a state of the art facility. Eric Wilhite came forward and said that staff did ask the school district to clean up this tract which will now be one lot. You will see the final plat directly after this zoning change application. The school district and the city are excited to get this project moving forward. It is permitted by right but is just a straight forward zoning change to get the entire tract that they own into "U". Staff has reviewed and is in support of this zoning change. With no requests to speak, Chairman Shiflet closed the Public Hearing at 7:15 p.m. APPROVED Mike Benton, seconded by Bill Schopper, motioned to approve ZC 2008-02. The motion was carried unanimously (5-0). CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6-9-2008 Presented by: Eric Wilhite Agenda No. D.1 Subject: FP 2008-03 Consideration of a Request from the Birdville Independent School District to Approve a Final Plat of Lot 1, Block 1, Career and Technology Addition and Approve B.I.S.D. Agreement (Located in the 7000 Blk. of Mid-Cities Blvd. - 14.894 acres). Case Summary: The applicant, Birdville Independent School District (B.I.S.D.), is final platting this 14.894 acre tract for the development of a Career and Technology school. The Career and Technology School will be associated with the high schools within the district and some students will have classes at both. The school will have classrooms and educational areas for trades as well as an operating banking facility. An agreement between the Birdville Independent School District and the City of North Richland Hills has been prepared for the consideration of mutual covenants for the purpose of providing for the delayed installation of a traffic signal at the intersection of Mid-Cities Blvd. and the proposed development's drive access at Mid-Cities Blvd. The agreement will also include provisions to allow the construction and use of an additional access drive onto Dick Fisher Drive W. subject to certain conditions. Each of the two issues (Signal Light on Mid-Cities and the additional driveway on Dick Fisher W) addressed in the agreement have specific and different reasons for being included in the agreement. Both issues will be explained below separately. Signal Light on Mid-Cities: The original Traffic Impact Analysis (TIA) submitted to the city in December 2007 by BISD's own traffic consultant indicated that a traffic signal was warranted on Mid-Cites Blvd at the main entrance of the development. However, the recommendation by BISD's traffic consultant was that no signal light was necessary since, in his opinion, it just barely met the warrant requirements. The city's traffic consultant reviewed the TIA and had a different opinion about the justification for a traffic signal. The city's consultant believed that the amount of traffic exiting and entering the location during a specific time was almost twice as much as would be needed to warrant a signal light. City staff agreed that almost twice the traffic necessary to warrant a signal light was excessive and therefore took the position that a signal light needed to be constructed with this development. After much discussion about the anticipated traffic generated by the school it was agreed that instead of having the signal light installed at this time the City and BISD would agree to evaluate the traffic sometime in the future and if the signal light is warranted BISD would be responsible to install the signal at that time. Staff's position has been that if the new Technology school creates the need for a signal light then it should be paid for and installed by BISD. Additional Drive on Dick Fisher W: The site that BISD is building the Technology Center on is larger than what is needed for just the Center. So BISD has indicated that in the future there will either be a Phase 2 expansion of the Technology Center or another development behind the school on the south side of the property. BISD has indicated that they are not sure when the expansion or "other" development would take place on the southern end of the property. So the original site plan for the proposed Technology Center submitted to staff indicated one driveway to be constructed on Dick Fisher W aligning with Dick Fisher N with the current development plan and an additional driveway located on Dick Fisher W which would align with Dick Fisher S to be constructed in the future with Phase 2. BISD's request was supported by the TIA which indicated that the additional driveway was not needed at this time but a second driveway would be necessary with the "Phase 2" portion of BISD's development plan. During the review process BISD changed their position and requested that the additional driveway be constructed with the current plan instead of waiting for the future expansion. BISD offered to keep the driveway closed until the Phase 2 expansion or until a need arises, then the opening of the driveway would be evaluated by the City and BISD. This is the bases of how the additional driveway is addressed in the agreement. Staff is in support of the agreement but does have some concerns about the location of the second driveway. Since no one knows how and when the remainder of the school property will develop, it is difficult to evaluate the traffic impact that this development will have in the area. As Council is aware, the location of a driveway aligning with Dick Fisher S will certainly bring a lot more of the school traffic down the street that separates the Service Center and the Fire Training and Administration buildings. Dick Fisher S was constructed as a residential street when the complex was constructed in the 1980's. All of the city's heavy equipment must use Dick Fisher S in order to enter and exit the Service Center. Staff believes it would be better for BISD to wait until they know how the remainder of the property will develop before constructing the second driveway. There could be a safer location for the second driveway depending on how it's developed. Staff believes that once the driveway gets constructed it would be very unlikely for it to be relocated in the future. In an effort to work with BISD and with assurances from BISD's engineering consultants that there are no safety issues associated with BISD's request to build the additional driveway and there by placing more traffic on Dick Fisher S (mixing the school traffic with heavy equipment traffic), staff supports the agreement. This agreement is attached and its approval is a condition of this plat. The school district is finalizing pre-development and site planning review by the Development Review Committee. Current Zoning: The areas of the subject tract that are not currently zoned U, are being processed concurrently with this final plat for Planning and Zoning and City Council approval. Currently the tract is divided into 3 different zones. "C-1" (Commercial) on the north side along Mid Cities Boulevard, "I-1" (Light Industrial) on the south side adjacent to the Cotton Belt Right-of-way, and "U" (Institutional) which makes up the largest portion in the center of the tract. Thoroughfare Plan: The site has frontage on Mid Cities Boulevard, a P6D arterial with 110 feet of Right-of-way, and Dick Fisher Drive West which is an R2U local street. Staff is currently working to resolve access issues related to the City facility across Dick Fisher Drive West. Comprehensive Plan: The Comprehensive Plan depicts Public /Semi-Public uses for this area. The lot proposed by this plat is consistent with the plan. Staff Review/Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that the developer will be required to assume 100% of the amount necessary for any infrastructure improvements. Planning and Zoning Commission Recommendation: Approved by a 5-0 vote. Staff Recommendation: Approval of FP 2008-03, final plat and BISD agreement. Review Schedule: Application: 3/10/08 Applicant Revision Time: 5 weeks Final Hearing: 6/9/08 Total Review Time: 13 weeks Staff Review & Scheduling: 8 weeks BIRDVILLE INDEPENDENT SCHOOL DISTRICT AGREEMENT This agreement is between the Birdville Independent School District ("BISD") and the City of North Richland Hills ("City") both of which are located in Tarrant County, Texas ("this Agreement"). WHEREAS, BISD is building a facility which will become its Career and Technology Center ("the Center"); and WHEREAS, City believes that a traffic signal will be needed at the intersection of Mid-Cities Boulevard and the Center's westernmost driveway, when the Center is opened for students, as shown on the site plan submitted with this Agreement ("the location'); and WHEREAS, BISD does not believe that traffic generated by the student and faculty population at the Center will require a traffic signal and desires for the City to allow some time for study to determine whether a traffic signal will in fact be needed. NOW THEREFORE the parties agree as follows: 1. BISD agrees to pay for and cause a warrant study of the location to be conducted by a licensed professional engineer. The study will comply with the procedures outlined in the latest edition of the Texas Manual on Uniform Traffic Control Devices. The study will be initiated on a typical school day, as designated by BISD and agreed upon by the City, and within the first school year held in the Center. Either party may initiate the request for the study. Should the initial study not justify the traffic signal at the time such warrant study is performed, City shall have the right thereafter to perform other studies at the City's expense. The installation of a traffic signal shall be required if at least one traffic signal warrant is satisfied and upon the written opinion of both the BISD traffic consultant and the City Traffic Engineer, that the installation of a traffic signal will improve the overall safety and/or operation of the intersection. 2. City agrees to waive tem ~orarily its requirement for installation of the traffic signal until the conditions of 1, a rove, have been satisfied. 3. BISD shall pay all costs of acquisition and installation of the traffic control signal at such time as the conditions described in 1, above, are met. Following a determination that such signal is required, the signal shall be installed by BISD within six months after the City issues a building permit for the work. 4. BISD shall be allowed a conditional second driveway on Dick Fisher Drive West at the intersection of Dick Fisher South and Dick Fisher West. 5. A lockable gate will be constructed at the Dick Fisher West southern driveway location (described in 4, above) by BISD. The gate will remain locked until such times as BISD and City may wish to evaluate the traffic or until BISD constructs a "Phase 2" expansion to the Career & Tech Center. Following the opening of the gate, the gate may remain open until or unless the NRH Police Department determines that the additional traffic on Dick Fisher Drive creates an unsafe situation, in which case BISD agrees to cause an evaluation of the open drive and see what changes must take place in order to improve the situation so that the drive can remain open. 6. BISD agrees that any property donated or dedicated, or to be dedicated, in the proposed development as well as all public improvements contemplated by this Agreement are roughly proportionate to the proposed development and waives any claim to any such dedicated or donated property or for reimbursement for any such public improvements beyond what has been agreed to by City in this Agreement. BISD further acknowledges and agrees that either no public infrastructure improvements have been required or that all prerequisites to a determination of rough proportionality have been met, and that any costs incurred relative to such dedication, donation or public improvements for such proposed development are related both in nature and extent to the impact of such proposed development upon City and its needs related thereto. BISD and City waive any and all claims they may have against each other to any and all rough proportionality and individualized determination requirements mandated by the U.S. Supreme Court in Dolan vs. City of Tigard, 512 U.S. 374 (1994) and by the Texas Supreme Court in Town of Flower Mound vs. Stafford, 135 SW3d 620 (2004), as well as any other requirements for a nexus between development conditions and the relationship and extent of impact of the development as related to a need for required public infrastructure, property dedication and park donation requirements. BISD reserves its right to appeal this final determination of proportionality herein established by the governing body of the City as provided by §212.904(c), Texas Local Government Code. Notwithstanding the foregoing, BISD hereby releases City from any and all liability under §212.904, Texas Local Government Code for claims concerning the cost of public infrastructure required by City from BISD for this development, as well as for attorney fees and costs which might be claimed thereunder. BISD, to the extent permitted by law, on its own behalf and on behalf of subsequent purchasers of the property which is included in the proposed development waives any right it may have to challenge or seek reimbursement based on the provisions of Chapter 395, Texas Local Government Code. 7. City will provide the inspection of the installation of the traffic signal, as required, and upon satisfactory completion of the work, the City will accept ownership and operation of the traffic signal subject to the terms of the maintenance bonds. 8. Upon completion of the work contemplated by the plat filed herewith, good and sufficient title to all public facilities constructed will be vested in the City. This Agreement was approved in its entirety at the meeting of the City Council of the City on the day of , 2008, by a majority vote of the Council. This Agreement was approved by the BISD Board of Trustees at a properly called meeting on the day of , 2008. CITY OF NORTH RICHLAND HILLS ATTEST: Patricia Hutson, City Secretary Larry J. Cunningham, City Manager By: APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director By: BIRDVILLE INDEPENDENT SCHOOL DISTRICT ,Board President APPROVED AS TO FORM AND LEGALITY: James B. Morgan, Attorney for BISD Exhibit for Reference Only LOCATION MAP Lot ~, Block 1 Career and Technology Addition iron > , ~ ; ~~d N FP 2008-03 Final Plat Lot 1, Block 1, Career and Technology Add. 7000 Block of Mid Cities Boulevard Feet Prepared b~ Planning 4/18/08 0 190 380 760 1,140 1,620 Plat Exhibit EXCERPT FROM THE MINUTES OF THE MAY 15, 2008 PLANNING AND ZONING COMMSSION MEETING FP 2008-03 Consideration of a Request from the Birdville Independent School District to Approve a Final Plat of Lot 1, Block 1, Career and Technology Addition (Located in the 7000 Blk. Of Mid-Cities Blvd. -14.894 acres). Victor Baxter, 4905 Pebble Ct., NRH, TX 76180, with Schrickel Rollins & Associates came forward representing the applicant. This is the final plat which is a continuation of the plat process. I have previously described the project and would be willing to answer questions that you might have. Bill Schopper asked if they will be able to get curb cuts to both Dick Fisher Dr. N and Dick Fisher Dr. S.? Mr. Baxter said that this issue is being negotiated between the school districts attorney and the city attorney. That is the school districts desire. The issue is on Dick Fisher Dr. S, this access would be gated and closed at a time that is deemed appropriate by the school district or the city. Mr. Schopper asked about the access onto Mid Cities Blvd? Mr. Baxter said there is an existing left turn lane to the Baptist Church to the North and the school district will build a left turn lane into the school site. That will be the primary point of access into the site from the north. We believe that a majority of the students will be coming from that direction. Bill Schopper said that his main concern is that access out of the site. Would the traffic move over to Dick Fisher Dr. N. over to the light coming out at the city complex? Mr. Baxter said yes. Any movement to the east would go over to the light at the intersection on Iron Horse. This school serves all three High Schools. The kids will be going in 3 different directions. We have Steve Stoner who has come to answer questions regarding the traffic study. Bill Schopper said that he would like to hear what he thought about the traffic and how it is going to work. Don Bowen asked if there would be any access to the neighborhood to the west? Mr. Baxter said no. There is a common open space that is maintained by the Homeowners Association for that neighborhood. This development does not intrude into that area at all. There will be a landscape strip that will go along the edge of the paving that will accent that. Steve Stoner, 2220 Camden Street, Dallas, TX with Deshazo Tang and Associates came forward and said they performed a traffic impact study for this site. The site is not a traditional school and there will be three primary periods so the vast majority of the traffic will be during the middle of the day. There aren't any after school activities so there won't be additional traffic during the peak hours. The primary access will be from Mid Cities. There is an existing full median opening and there will be left turn opportunities there, but they will also have the option to go to the traffic signal at Iron Horse. There will also be about 1/3 of the students that will be brought by bus. Steven Cooper asked what kind of traffic count there is during the peak hours? Mr. Stoner said that the numbers are approximate and there are a lot of assumptions based on how many students will drive and how many are bused. Based on our predictions for the highest period at around 9:30 a.m., there will be about 200 vehicles entering and 200 vehicles exiting. Bill Schopper asked what the current traffic counts on Mid Cities are now in that general area? Mr. Stoner said that there are about 1000 vehicles per hour at that time. Bill Schopper said that at a typical high school during peak time it is probably a lot more than 200 an hour. Mr. Stoner said yes. It was taken into account that there will be busing available also. Don Bowen asked how many students the facility is designed to serve? Mark Vandervort, 13130 Copental, Dallas,TX with HKS Architects. He said that there are 3 periods and they will vary because there isn't always the same number of classes in session. He said that there would be around 250-300 students in the facility at any given time. The overall number of students that will be served is a greater number but the number of students that will be there at one given time is much less. Bill Schopper said that this won't be as much of an impact as they were originally led to believe. Eric Wilhite came forward and said the plat does meet all subdivision rules and regulations. Staff has reviewed and there was a substantial traffic impact assessment that was reviewed at the same time as the site plan. The infrastructure plans have been submitted. This does meet DRC approval and staff recommends approval. APPROVED Mike Benton, seconded by Steven Cooper, motioned to approve FP 2008-03. The motion was carried unanimously (5-0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 6-9-2008 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2008-015 Award Professional Services Contract to Freese and Nichols, Inc. for the Davis Boulevard and Mid Cities Boulevard Intersection Project This Capital Improvement Project (CIP) will consist of the design of the intersection of Davis Boulevard and Mid-Cities Boulevard. The project's design will include the widening of the roadway to accommodate dual left turn lanes and dedicated right turn lanes for each leg of the intersection. The project will be designed in accordance with Texas Department of Transportation (TxDOT) standards as required by the previously approved Local Project Advanced Funding Agreement for this project. Staff followed the City's policy for procuring professional services for the design of this project. Requests for Proposals were initially sent to 36 local engineering firms; 12 firms responded by submitting proposals to the City. Six North Richland Hills' staff members (Assistant Public Works Director, Civil Engineer, Engineer Associate, Assistant Director of Parks and Recreation, Construction Manager, and Purchasing Manager) comprised the selection committee. The committee evaluated the 12 proposals and selected the top three firms based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top three firms chosen by the committee were: TCB, Freese and Nichols, Inc., and Halff Associates, Inc. Following presentations to the committee, TCB was chosen as the firm to proceed with. Staff began discussions with TCB to negotiate a fee and reasonable scope for the project; however, after several months we were unable to come to mutually agreeable terms. Negotiations were ended with TCB, and we proceeded with discussions with Freese and Nichols, which was the committee's next recommendation. Freese and Nichols, Inc. (F&N) has been in business since 1894 and has extensive experience in the design of urban streets. F&N is familiar with North Richland Hills staff and design criteria as they were the design firm for the City's Water and Wastewater Master Plans and are currently working on the design of the Amundson Tank Rehabilitation Project. The engineering agreement outlines the scope of work in Attachment A. The entire agreement has been attached, but because of its length the key tasks are listed below by section: Basic Design • All necessary design components for paving, drainage, traffic control, water and sewer utility adjustments and illumination at the intersection • Project designed to TxDOT Standards • Up to 2 public meetings with various stakeholders • Construction administration Special Services • All survey tasks • Subsurface Utility Engineering coordination • Geotechnical Engineering for pavement design • Environmental documents for Categorical Exclusion The contract fee was negotiated to $299,500 by Mr. Mike Curtis, Public Works Director. Shown below is a breakdown of this design fee: Base Design Fee $ 220,500.00 Special Services $ 79,000.00 Design Fee $ 299,500.00 The Base Design Fee will be a fixed fee in the amount of $220,500. Special Services will be billed on an hourly basis and will only be paid if these services are needed. The total design cost for the project will not exceed $299,500 which is within the approved budget of $300,000. However, since this project must be designed in accordance with TxDOT standards, one requirement is that all of the Right-of-Way (ROW) documents must be prepared and approved by TxDOT with the approval of the design. That will require the City to have all necessary ROW documents prepared prior to the approval of the design. The preparation of the ROW documents is done by a surveyor with coordination from the engineer. It is estimated that five ROW parcels will need to be acquired for this project. In addition to the design fee, staff has also negotiated a fee of $15,000 for ROW services. Since these activities will need to be completed during the design phase, the City can elect to hire a qualified surveyor to prepare the document or can have this part of the ROW process included with F&N's agreement and coordinated by F&N. The 2007/2008 Capital Improvements Budget for this project includes $100,000 for the project's ROW acquisition. Since F&N has agreed to coordinate the preparation of all ROW documents at no additional cost and only charge the City the surveyor's cost, staff recommends utilizing $15,000 from the ROW acquisition budget to fund these ROW services at this time by F&N as indicated in the professional services agreement contract. Staff believes that a coordinated effort during the design phase will provide superior results. Including the ROW costs as part of Freese and Nichols' agreement will increase the fee from $299,500 to $314,500. The complete breakdown of the fee, including ROW services, is shown below: Base Design Fee $ 220, 500.00 Special Services $ 79,000.00 Right-of-Way Services $ 15,000.00 Design Fee $ 314,500.00 There is sufficient funding for design services and ROW services in the 2007-2008 Capital Projects Budget. Recommendation: To approve the professional services contract with Freese and Nichols, Inc. in an amount not to exceed $314,500.00. Davis Blvd / Mid Cities Blvd Intersection (TEA-21) AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS INC. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Larry Cunningham, its duly authorized City Manager (hereinafter called "CITY"), and Freese and Nichols, Inc. (FNI), a Texas corporation, acting by and through Tricia Hatley P.E.; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Intersection of Davis Blvd. and Mid-Cities Blvd. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Intersection of Davis Blvd. and Mid Cities Blvd. in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed THREE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED DOLLARS ($314,500). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury Property Damage Combined Single Limit $ 500,000 per person, or $ 1,000,000 per occurrence; and $ 100,000 each occurrence; or $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1, 000, 000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "F" Compensation Exhibit "G" Conflict of Interest Questionnaire Exhibit "H" Project Limits XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Freese and Nichols, Inc. Attn: Tricia Hatley P.E. 1701 N Market St Suite 500, LB 51 Dallas, Texas 75202 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Director of Public Works 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assi_ ng ment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property >~'~~.~'S: ~~~'i~~ ~`$~~(`'ti~'c~rr~l~'1~ ~~~~ I~ ~~~~~~ r~r~a~ ~:,#~c::~:uF~ ~:~a v~rt~~i°E ~f ~r~~r c~ntl~~ ~~ i~~t~r~ ~~hi ~jc~~ ~=~s~~~n~ t~ #~ i~~c~ ~k~ ~~~s~ ~~~~~~ ~~~ t~3' ~` LS~, its ~~~~~t~r°;~. ~~4 ~i ~ ~ira~~ow. 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EXHIBIT A PROJECT SCHEDULE FOR The Intersection of Davis Blvd. and Mid Cities Blvd. PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activit Due Date Project Kick-off Meeting June 2008 Complete Preliminary Plans October 2008 Identify Necessary Easements/ROW March 2009 Complete Final Plans August 2009 ROW Acquisition Complete February 2010 Advertise for Construction Bids March 2010 Begin Construction May 2010 EXHIBIT B BASIC ENGINEERING SERVICES FOR The Intersection of Davis Blvd. and Mid-Cities Blvd. The scope of work for BASIC Engineering Services involves Schematic Design, Preliminary Design, Project Plans, Specifications and Estimates on Roadways and Storm Drainage. Per the attached Exhibit H, this project includes the reconstruction of the Davis and Mid-Cities intersection in order to accommodate additional turn lanes and to provide congestion mitigation for the area. The exact limits of the project will be determined during the Schematic Design phase but should generally conform to those shown on the attached Exhibit H. This project will be designed in accordance with TxDOT design standards. ENGINEER will coordinate with the CITY and TxDOT to incorporate CITY requirements into the project where not in conflict with a TxDOT requirement. I. GENERAL A. Design Meetings 1. The ENGINEER will meet with the CITY's staff during the development of the preliminary and final plan phases of the PROJECT. It is estimated that the ENGINEER and CITY staff will meet no more than four times during the preliminary phase and four times during the final design phase in order to review plan submittals and handle overall project coordination. 2. As outlined further in this scope, ENGINEER will attend a total of two public meetings during the design of the project. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop monthly progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT's design. 2. Supervision of Subconsultants -The ENGINEER will establish a work program and schedule for each subconsultant at the beginning of each phase/section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. 3. Coordination with TxDOT -ENGINEER will submit plans to TxDOT at the 30%, 60%, 90% and 100% level for review by the District office. The 100% submittal will also include a submittal to TxDOT Austin. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. A location map/schematic will be provided to the affected utility companies. These schematics will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the PROJECT. 3. The ENGINEER will make every effort to obtain As-Built Drawings, Record Drawings and/or future plans for the following facilities in the PROJECT area including: - Box Culverts - Roadway - Water Lines - Sanitary Sewer Lines - Storm Drain Lines - Southwestern Bell Underground and/or Overhead Lines - Electric Underground and/or Overhead Lines - Gas Lines - Other Utilities Known to Serve the PROJECT Area Plot the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations. The locations of utilities tied from field surveys will be shown on the paving and drainage plans. 4. The ENGINEER will identify potential utility conflicts and provide this information to utility companies. II. SCHEMATIC DESIGN PHASE A. Roadway Design 1. Using data collected in the field, from the CITY and the survey file, create a horizontal alignment for the intersection reconstruction. The alignment will incorporate the additional turn lanes and will utilize TxDOT requirements for geometrics. 2. Determine design exceptions needed for the project and meet with TxDOT and the CITY to discuss. 3. Prepare schematic level opinion of probable construction cost estimate for the proposed reconstruction. III. PRELIMINARY DESIGN PHASE A. Roadway Design 1. The ENGINEER will prepare intersection plan sheets at a 1" = 20' scale including proposed horizontal and vertical alignments. The plans will contain topographic information, existing right-of-way lines, locations of driveways, typical sections, roadway baselines, pavement edges, contours where necessary, limits of structures, limits of retaining walls (if any), drainage structures including pipes, limits of sidewalks, limits of barriers and any other information necessary for pavement construction. Profiles at 1 "=20' horizontal scale and 1 "=4' vertical scale will contain existing ground lines at the proposed profile grade line, limits of structures and profile elevations at 100- foot intervals. Upon completion, the preliminary design will be submitted to the CITY for review. The preliminary design must be approved by the CITY prior to the start of the final design phase. 2. The ENGINEER will prepare cross-sections along roadways at minimum 50- foot intervals and will extend 20 feet beyond the existing right-of--way. These cross-sections will form the basis for the determination of earthwork quantities. Cut and fill quantities will be computed and tabulated, referencing cross-sections. Cross-sections will not be included in the plans. 3. Existing utilities and utility easements will be shown on the roadway plan and profile sheets per available data from the CITY and franchise utility companies. ENGINEER will coordinate with utility companies and the CITY to ascertain what, if any, future improvements are planned that may impact the Project. ENGINEER will provide an exhibit that shows locations of existing utilities per our research as well as locations for where various franchise utilities should relocate. The CITY will utilize this exhibit when meeting with franchise utilities on their relocation plans. 4. Assist the CITY staff with one (1) Public Meeting for property owners along the roadway that could be impacted by the proposed improvement. The CITY will provide a location for the public meeting and notification to the stakeholders. B. Other Roadway Design Elements 1. A Project Title Sheet will be prepared as required and included in the Plans. 2. Roadway typical sections will be prepared for paving sections along the various roadways of the PROJECT. 3. Roadway horizontal and vertical control and horizontal curve data will be shown on the plans. 4. Sidewalk locations and widths will be shown on the plans. 5. Supplementary intersection layout information will be prepared to properly show the relationship between the profiles of intersecting streets, where deemed necessary by the ENGINEER. 6. Miscellaneous paving details will be developed as necessary to describe various types of construction such as sidewalks, curbs, etc. when no such CITY standard details are available. C. Drainage Plans and Details 1. Drainage area maps will be prepared at a minimum scale of 1" = 1,000', using available contour maps. Inlets will be located and sub-drainage areas determined. The runoff to each inlet will be calculated in accordance with City drainage criteria. 2. Culvert Plans/Profiles sheets and cross-sections, if necessary, will be provided for new culvert construction. 3. The ENGINEER will incorporate storm sewer design into the roadway design sheets. These sheets will show the location of inlets, manholes, storm sewers, slotted drains, culverts, and open channel improvements in relation to the PROJECT's roadways. Profiles will show profile information for the proposed storm sewer trunk lines, proposed ground above the storm sewers, existing ground above the storm sewers, and locations of lateral junctions. Profiles of laterals will not be shown unless a proposed or existing utility crosses the lateral. Computation sheets will be prepared for storm sewers, culverts, slotted drains and inlets. 4. Miscellaneous drainage details will be prepared for any drainage related items which are not covered by City standard details. D. Quantities and Cost Estimate 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. E. Submit Preliminary Plans for Review 1. Submit two (2) sets of preliminary plans for CITY review. Plans submitted for CITY review will be 22"x34" sheets. TxDOT submittals will be 11 "x17" as required. 2. Submit plans to utility companies for review. III. FINAL DESIGN PHASE A. Prepare Final Design Plans 1. Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. 2. Assist the CITY staff with one (1) Public Meeting for property owners along the roadway that could be impacted by the proposed improvement. The CITY will provide a location for the public meeting and notification to the stakeholders. 3. Include in the plans utility adjustments as needed, such as fire hydrant relocations and valve and manhole adjustments. These adjustments do not include replacement of substandard water or sanitary sewer lines or relocations of sections of lines that may be in conflict with the new pavement section. It is anticipated that only minor adjustments as noted will be needed and that major relocations or replacements will be considered an additional service. 4. Prepare removal plans for use by the contractor in bidding the project. 5. Prepare traffic signal plans to accommodate the new lane configuration and per TxDOT requirements. Traffic signal poles will be in accordance with CITY design standards and will include street lights at the intersection. The project does not include additional illumination beyond the four corners. 6. Prepare a traffic control plan in accordance with CITY and TxDOT requirements. 7. Prepared a construction sequencing plan for bidding purposes that will outline, in general, the phasing approach as well as limitations on the timing and activities of the construction due to CITY or TxDOT requirements. 8. Prepare a Storm Water Pollution Prevention Plan per TxDOT requirements for the project. B. Calculate Final Quantities and Cost Estimates 1. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. Prepare Contract Documents and Specifications 1. Compile special provisions necessary for the PROJECT. 2. Compile specifications necessary for the PROJECT. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. 3. Compile and develop a list of general notes necessary for the PROJECT. 4. Prepare complete contract documents and specifications for bidding purposes. D. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two (2) sets of final bid documents for CITY review and approval. Plans submitted for CITY review will be 22"x34" sheets. TxDOT submittals will be 11 "x17" as required. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. IV. CONSTRUCTION PHASE - Upon completion of the bid phase services, ENGINEER will proceed with the performance of construction phase services as described below. ENGINEER will endeavor to protect CITY in providing these services however, it is understood that ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER responsible for supervision of the Contractor's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. ENGINEER shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. The ENGINEER shall provide all necessary printing of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the PROJECT. This includes the 5 sets required by the CITY, plans sets needed by TxDOT as well as sets needed by the contractor. B. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY as to the proper action on all proposals received. C. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. D. Represent the CITY in the non-resident administration of the PROJECT. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) E. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. G. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. H. Make ten (10) visits to the site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort ENGINEER will endeavor to protect the CITY against defects and deficiencies in the work of Contractors and will report any observed deficiencies to CITY. Visits to the site in excess of the specified number are an Additional Service. I. Prepare or review monthly and final estimates for payments to Contractor, and furnish to the CITY any necessary certifications provided by the Contractor, as to payments to subcontractors and suppliers. J. Conduct, in company with the Contractor, a final inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. K. Revise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER ared-lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit three (3) full size (22"x34") sets of Record Drawings and one CD-ROM (pdf format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR The Intersection of Davis Blvd. and Mid-Cities Blvd. The scope of work for SPECIAL Engineering Services involves Surveys (Easements/Right-of-Way and Design). The scope of work for the Special Engineering Services is more generally described as follows: I. SURVEYING A. Design Surveys 1. Establish Survey Control Establish survey control along each street or intersecting streets as necessary. These control points will be established based on and tied to established City horizontal and vertical control points. The horizontal control for each street in the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation. Control points will be established using 5/8-inch iron rods, 18 inches long. These control points will be established using GPS and conventional surveying methods. 2. Benchmark Loop Two benchmarks will be established based on the vertical control points provided. These benchmarks will be located outside of the construction limits and put in such a place so that they may be easily found for future use. Benchmarks shall be looped in accordance with good surveying practice prior to field surveys. All control leveling work will be performed using appropriate modified second order procedures with closed loops into the PROJECT vertical control. 3. Existing Streets and Driveways Existing streets and driveways will be profiled and cross-sectioned at 50-foot intervals and to a point at least 20 feet outside of the Right-Of-Way line. Low points, high points and other unique features will be noted. Pavement surfacing will be determined by visual inspection only. Intersecting streets will be profiled and cross-sectioned to a point at least 50 feet beyond the roadway being replaced. 4. Existing Drainage Channels and Drainage Area Verification Existing drainage channels and swales will be profiled and cross sectioned within the immediate vicinity of the PROJECT, 100 feet upstream and downstream. Low points, high points and any other unique features will be noted. Additional surveying may be necessary to verify the limits of drainage areas. 5. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as-needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the proposed Right-Of--Way for the limits of the PROJECT will be field located, including elevations of sanitary and storm sewer manhole flowlines and water/gas valve stems. The location of utilities between above ground features will be determined from visual inspection, utility records, and/or from locations determined by the respective utility companies. The utilities will be tied to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. The excavation and other costs required to expose or probe the underground utilities will be the responsibility of others. 6. Right-Of--Way Right-Of-Way lines along the PROJECT will be located. This information will be included on the PROJECT's plan sheets. 7. Existing Storm Sewers and Culverts The size of existing culverts will be measured and tied along with existing headwalls, channels and aprons. The size, length, and flowline elevation of existing storm sewers will be surveyed. Drainage areas contributing to the PROJECT or conveying water from the PROJECT will be determined through field investigations and available topographic mapping. 8. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc. The Surveyor will exercise care in completing this surveying assignment by using traffic control devices, flags and safety equipment when necessary. 9. Staking Right-of-Way Parcels The ENGINEER will be responsible for staking the new Right-of-Way lines and each Right-of-Way acquisition parcel with 5/8-inch iron rods based on the legal description and exhibits prepared by a licensed Surveyor. B. Construction Staking 1. Cut stakes with hubs will be set for the proposed top of curb grades every 50 feet as well as at P.V.I.'s and vertical curve points. Hubs shall be set 4 feet off back of curb. This staking is for use by CITY personnel during excavation and subgrade preparation. The paving contractor shall be responsible for resetting this staking as well as additional staking required to complete the PROJECT. 2. Easement/Right-of-Way Documents Easement/Right-of--Way instruments shall be prepared in the TxDOT approved format and shall include a metes and bounds description and a sketch. Documents shall be signed, dated and sealed by a licensed Professional Land Surveyor registered in the State of Texas. It is estimated that five parcels may be needed for this project. C. Subsurface Utility Engineering (SUE) 1. Perform the SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). As described in the publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The scope of this proposal includes Quality Levels "B" and "A". In general, the scope of work involves designating utilities at the intersection of Davis Boulevard and Mid-Cities Boulevard. The project includes: along Mid-Cities Boulevard 400 feet east of Smithfield Road to 1200 feet west of Admundson Drive (1200 feet); along Davis Boulevard from 1050 feet south of the DART rail to 160 feet north of Newman Drive (1200 feet). Within this area, known existing utilities including, but not limited to water, electric (building service and street light system), storm drain, sanitary sewer, telephone, gas, and fiber optic will be identified. ENGINEER will also scan the area for additional "unknown" utilities that may be present. The scope of work includes approximately 20,000 total linear feet of overhead and underground utilities to be designated and/or identified. 2. This contract includes up to 10 test holes. These 10 test holes are assumed to be behind the existing curb. The test holes will be completed in those areas and on utilities identified during the potential conflict analysis. This number can be increased, decreased or deleted at city's request, and will be invoiced per the established unit rate(s). 3. ENGINEER and CITY will utilize the utility designating marks and the proposed intersection plans to layout the test hole locations. ENIGEER will attempt to place the test holes outside of paved areas wherever possible. However, some test holes may need to be placed in paved areas that may require traffic control measures to be implemented. If non-routine traffic control measures are required, these services will be considered additional services. 4. ENGINEER will utilize non-destructive vacuum excavation equipment to excavate test holes at the required locations. Once each utility is located, record the utility type, size, material, depth to top, and general direction. Each test hole will be assigned a unique ID number and will be marked with rebar/cap, nail/disk, or chiseled X, as appropriate. The test hole ID number and other pertinent utility information will be placed at each test hole location. Test hole excavations will be backfilled with appropriate material and the original surface will be restored. The backfill will be compacted in lifts by mechanical means to prevent future settlement. D. Geotechnical Engineering -The primary scope of services geotechnical and pavement engineering includes: • Pavement evaluation of insitu pavements using the Falling Weight Deflectometer (FWD) to determine insitu existing pavement and subgrade strengths, • New PCC pavement cross section design for Mid-Cities Blvd, • New HMAC pavement cross section design for widened portion of Davis Blvd, • Pavement overlay design portion of Davis Blvd, • Temporary HMAC pavement for temporary construction traffic 1. The purpose of the geotechnical study is to provide geotechnical recommendations for use in the design of the roadway and culverts. The scope of work includes exploring subsurface soil conditions by drilling four (4) borings (2 on Davis Blvd and 2 on Mid-Cities Blvd), obtaining physical soil properties by laboratory testing, and providing design recommendations. 2. The pavement designs will include consideration of traffic loads, which must be provided ENGINEER by CITY or TxDOT. ENGINEER will need average annual daily traffic volumes (AADT) values, growth rates, percent heavy vehicles (trucks and buses). NDT deflection data, laboratory test results, and boring logs will be included in the final report. E. Environmental Documentation - It is assumed that a Categorical Exclusion (CE) Document would meet TxDOT requirements. The following scope of work addresses environmental and regulatory compliance associated with planning and development of the above-referenced CE. The proposed scope of services was prepared using applicable federal and State guidelines, available environmental information, and other information provided by the CITY. Description of Existing Facility -The length, width, number of lanes within the existing facilities (if applicable), and the existing right-of-way widths will be in the environmental document. Also, all measurements will be in English units, and photographs and other drawings or maps will be included. Land use will be described for the project areas. Describe the Proposed Facility -Specific details on the proposed facilities will be provided by the engineer and described in the document and will include the length, width, and number of lanes of proposed facilities (if applicable). Also included will be the proposed right-of-way widths, approximate amounts of right-of-way anticipated, and the location and approximate amounts for any temporary or permanent easement(s). If applicable, future zoning information will be included. Purpose and Need for Proposed Project -The "purpose and need" statement will be provided in the documents. Items listed below that apply to the projects and support the need for the project will be added to the environmental documents. ^ Projected population growth in the areas (census data) ^ Changing land use ^ Construction of new facilities (such as a school or prison) ^ Existing traffic and proposed projections/congestion (ADT traffic data) ^ Changing access needs ^ Accident rates ^ Current condition of facility - deterioration or below current standards ^ Environmental quality Alternatives Including Proposed Action -The "no-build" and the preferred build alignment will be described in the documents. Environmental Impacts Social and Economic Issues • Environmental Justice -Impacts to minorities or special groups, etc., if any, will be described. • Relocations and Displacements - The number of residents and commercial properties that will be displaced and/or relocated as a result of the proposed projects will be provided. • Detours -Planned detours will be described including the travel distance the public will be required to drive if the roads will be closed during construction. If possible, a detour map will also be included in the documents. • Utility Relocations, Adjustments -Information will be provided in the document describing any existing utilities within the proposed project areas. Natural Resources • The natural region of the proposed projects will be provided using Vegetation Types of Texas by the Texas Parks and Wildlife Department. Vegetation descriptions will be provided according to the guidelines in the Texas Department of Transportation (TxDOT) and the Texas Parks and Wildlife Department (TPWD) Memorandum of Agreement (MOA). • Vegetation Impacts ^ Vegetation impacts will be documented according to the guidelines in the TxDOT and the TPWD MOA. • Mitigation (if applicable) -Through coordination with the Ft. Worth District of TxDOT, we will state in the documents whether a mitigation plan will/will not be proposed and why. • Threatened and Endangered Species ^ The federal and state threatened and endangered species will be documented for the proposed project areas. The suitability of the habitat for these species will also be provided, as will whether the projects are anticipated to impact any threatened and endangered species. ^ Migratory bird issues will be addressed in accordance with the latest district guidance. • Farmland Impacts ^ If necessary, impacts to prime farmland soil units will be mapped, quantified, and coordinated with the Natural Resources Conservation Service. Resolution of this issue will be documented in the text of the documents. • Water Quality Issues -Surface-water hydrology issues will be addressed by characterizing the existing conditions relative to the proposed projects. The effort will also reflect the requirements of the National Pollution Discharge Elimination System storm-water general permit program for construction activities and the anticipated project Storm Water Pollution Prevention Plan. This effort includes delineation of wetlands and jurisdictional waters in accordance with the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual. Note that this scope does not include any activities associated with an individual permit, pre-construction notification, or mitigation planning. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR The Intersection of Davis Blvd. and Mid Cities Blvd. I. ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. II. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. ADDITIONAL Engineering Services not included in the Scope of Work, also include setting of Easement/Right-Of--Way acquisition parcels with the exception of five at the intersection. IV. ADDITIONAL Engineering services in connection with the PROJECT, including services which are to be furnished by the CITY and services not otherwise provided for in this Agreement will be at the rates listed in Exhibit F Article 1-C Compensation for Additional Services. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR The Intersection at Davis Blvd. and Mid Cities Blvd. The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if available. III. Provide any available As-Built plans for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from TxDOT and/or other local utility companies. V. Provide standard details and specifications in digital format. VI. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of--Way, when required. VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. EXHIBIT F COMPENSATION FOR The Intersection at Davis Blvd. and Mid Cities Blvd. I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. "Salary Cost" used herein is defined as the cost of salaries of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Compensation for the Basic Engineering Services (Design and Construction phases) shall be a lump sum fee of $220,500 as follows: Preliminary Design Phase $ 68,500 Final Design Phase $127,300 Construction Phase $ 24,700 $220, 500 Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for the Construction phase of the Basic Engineering Services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER will be paid the remainder of the charge for this phase. B. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Surveys, Construction Staking, Geotechnical, Environmental -Lump Sum Fee of $51, 000 Subsurface Utility Engineering Level B -Lump sum fee of $19,000 Subsurface Utility Engineering Level A -Not-to-Exceed fee of $9,000 Right-of-Way Documents and Survey- Not-to-Exceed fee of $15,000 Other Direct Costs Costs time a multiplier of 1.10 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: POSITION MIN MAX PRI NCI PAL 200 260 GROUP MANAGER 200 260 SENIOR ENGINEER 155 205 ENGINEER (PE) 115 165 ENGINEER (EIT) 85 120 ELECTRICAL ENGINEER 85 170 MECHANICAL ENGINEER 70 170 ENVIRONMENTAL SCIENTIST 55 160 ARCHITECT 55 150 LANDSCAPE ARCHITECT 100 150 SENIOR URBAN PLANNER 125 200 URBAN PLANNER 70 100 SR. CONSTRUCTION CONTRACT ADMINISTRATOR105 150 CONSTRUCTION CONTRACT ADMINISTRATOR 70 115 GIS COORDINATOR 105 115 G I S ANALYST 60 100 DESIGNER 50 130 TECHNICIAN 45 100 OPERATIONS ANALYST 75 105 CONTRACT ADMINISTRATOR 65 95 WORD PROCESSING/SECRETARIAL 45 85 CO-OP 45 60 The ranges and individual salaries will be adjusted annually. EXPENSES Plotting Printing Bond $ 4.00 per plot Bluelines/Blacklines $0.55 per square foot Color $21.50 per plot Offset and Xerox Copies/Prints $0.10 per side copy Vellum $11.50 per plot Color Copies/Prints $0.50 per side copy Mylar $15.00 per plot Binding $5.75 per book Computer Computer Usage $10.00/hour Travel 50.5¢ per mile OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Dallas and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services", Exhibit C: "Special Engineering Services" and Exhibit D: "Additional Engineering Services"). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR The Intersection of Davis Blvd. and Mid Cities Blvd. [Conflict of Interest Questionnaire is on the following 2 pages.] NFLICT OF INTEREST UESTIONNAIRE FORM C ~ Q CO Q For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter OFFICE USE ONLY 176 of the Local Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7tn business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ~ Name of person doing business with local governmental entity. Freese and Nichols, Inc. 2 Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. N/A 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. N/A FLICT OF INTEREST UESTIONNAIRE FORM C ~ Q CON Q For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ^ YES ~ NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? ^ YES ~ NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ^ YES ~ NO D. Describe each affiliation or business relationship. N/A 6 Describe any other affiliation or business relationship that might cause a conflict of interest. N/A 7 Signature of person doing business with the governmental entity Date Adopted 01/13/2006 M' 1 r^+ ~ ~ .r~- 1 .... CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH R/CHLAND HILLS Department: Fire Council Meeting Date: 6-9-2008 Presented by: Andy Jones Agenda No. F.1 Subject: GN 2008-046 Update the Mutual Aid Agreement with NEFDA (Northeast Fire Department Association) -Resolution No. 2008-032 The current mutual aid agreement between the Northeast Fire Department Association's fourteen member Cities was signed in 1979. The mutual aid agreement between the NEFDA member cities provides each of the signatory cities the ability to request assistance from any of the other cities to help fight fires, respond to EMS incidents, mitigate Hazardous Materials incidents or assist with other emergencies on an as needed basis. A city may respond to those requests if the resources requested are available and if response will not leave the responding city unprotected. The proposed mutual aid agreement that is being presented has been updated to include language addressing Emergency Medical Services as a specific component of the emergency services shared between the NEFDA Cities. Additionally, language has been added that requires the member Cities to function under an Incident Command System (ICS) and to be National Incident Management System (NIMS) compliant. Recommendation: To approve Resolution No. 2008-032 authorizing the City Manager to sign the updated NEFDA Mutual Aid Agreement. Mutual Aid Fire Protection & Emergency Medical Services Agreement The State of Texas Tarrant County This agreement is made and entered into by and between the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga, and Westlake, herein referred to as "Parties". This group of cities is also known as the Northeast Fire Department Association. It is mutually agreed that the Parties desire to enter into a mutual aid agreement for fire protection and emergency medical services wherein the equipment, facilities and trained personnel of each Parties city are available to the Parties in this mutual aid agreement on a requested basis. Now therefore, that it is agreed that in consideration of the mutual covenants, agreements and benefits to all Parties it is hereby agreed as follows: I. Scope of Services As used herein, the term "Responding City" shall mean the City receiving a request for assistance outside of its boundaries pursuant to this Agreement. "Requesting City" shall mean a city seeking assistance outside of its boundaries pursuant to this Agreement. During the term of this agreement, the Parties agree to provide, upon request, such fire protection and suppression personnel and equipment and emergency medical assistance and personnel and equipment that may be needed to assist in an emergency as long as that request does not affect the ability of the Responding City to provide emergency services within its own boundaries as determined by the Responding City's Fire Chief or his designee. It is expressly understood that such mutual aid requests shall be made to the Responding City's Fire Chief or his designee. The Parties agree that a request will only be made when an emergency occurs that requires assistance or when it is determined by the Requesting City and Responding City that it is mutually beneficial to provide assistance that is not of an emergency nature. The Parties agree: a. To maintain the work force and equipment needed to sufficiently control fires or other emergencies common to the saving of lives and property which are likely to occur within their respective jurisdictions; b. To maintain an emergency action plan for activating personnel within their respective jurisdictions; c. To maintain established procedures to handle emergencies; d. To provide all Parties with the current resources available to each respective City by type, staffing, and function that could be requested in an emergency; e. All Parties must utilize the Incident Command System (ICS) and be National Incident Management System (NIMS) compliant. II. Direction and Control The requested fire service or emergency medical equipment and personnel of the Responding City shall be under the direction and control of their own Officers/Supervisors, operating within the ICS, throughout the entire incident or emergency. The Officer/Supervisor shall report to the Command Post of the Requesting City for assignment and shall operate under the direction of the Incident Commander (IC). The fact that the tasks at hand in an emergency are dangerous in nature must always be considered and as such if the Responding City, providing mutual aid, determines that the request is unsafe, the respective City's Officer/Supervisor will take the appropriate action to assure their crews are as safe as possible. If an action is deemed to be unsafe, the IC will be informed and the respective Officer/Supervisor shall take actions necessary to protect their respective crew(s). III. Equipment and Consumable Goods The condition of the equipment must be the sole responsibility of its owner. If the equipment is damaged or destroyed during the Incident, the financial responsibility is the owner's which may be recovered through insurance acquired by the owner or any other resource available to the owner. Any consumable resources may be reimbursed by or through the IC's jurisdiction (Requesting Party) provided that sufficient funds have been appropriated for said purpose or if consumables can be recovered from the property owner or purveyor. The affected jurisdiction has a right to recover any and all costs of an incident from any resources available. If such recovery is possible, the Requesting City shall notify mutual aid Responding City of such possibility. In the event the incident receives a Disaster Declaration from the State or Federal Government, the jurisdictions involved shall be subject to local, state, and federal laws and regulations. IV. Term of Agreement /Consideration 4.01 Term. The terms of the Agreement shall become effective upon approval by the governing body for each respective Party hereto and shall remain in effect for an initial term of one (1) year commencing upon the date of each Party's signature below, which term shall renew automatically annually upon the anniversary date of this Agreement unless earlier terminated by a Party as provided herein. If a Party desires to opt out, the Party must give a 90 day notice of such intent. If a Party opts out, the agreement remains intact for the rest of the Parties. Adding Parties to the agreement will not affect the terms of the agreement. 4.02 Consideration. The Parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth above and other good and valuable consideration. Each Party hereto paying for the performance of governmental functions or services shall make such payments from current revenues legally available to the paying Party. Each Party further agrees that it is fairly compensated for the services or functions performed under the terms of this Agreement. V. Amendments This Agreement can be amended or replaced by a majority of the Parties. All of the Parties must be notified in writing within 30 days and an open forum must be held in which all of the Parties have been invited to attend. The Amendment will not be effective to any Party that does not agree. VI. Compliance with All Applicable Laws The Parties shall observe and comply with all Federal, State, local laws, rules, ordinances, and regulations affecting the conduct or services provided and their performance of all obligations undertaken by this Agreement. VII. Legal Considerations All local, State and Federal Laws shall supersede any provisions made in this Agreement. Any provision so effected will not negate the rest of the Agreement. In case any one or more of the provisions contained in this agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, unenforceable provision had never been contained herein. Venue for any proceeding under this Agreement shall be in Tarrant County, Texas. This agreement shall become binding and effective as to each individual Party upon signature by an authorized representative of such individual Party. VIII. Liability /Governmental Immunity All civil liability arising from the furnishing of fire/EMS protection services under this Agreement shall be assigned to the Party actually providing the equipment, services, and manpower pursuant to Texas Government Code, Section 791.006 (a-1) and the assignment of liability is intended to be different than liability otherwise assigned under Texas Government Code, Section 791.006 (a). Notwithstanding the foregoing, the fact that Parties hereto accept certain responsibilities relating to the rendering of Fire Protection and Emergency Medical Services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. No Party hereto waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. IX. Insurance Each Party shall provide liability insurance to cover the acts and omissions of its respective officers, employees, and agents' obligations under this Agreement, including but not limited to all personnel providing Fire Protection and Emergency Medical Services as set forth herein. X. Non-Waiver All rights, remedies and privileges permitted or available to any Party under this Agreement or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the any Party in the enforcement of any such right, remedy or privilege against any other Party, shall not constitute a waiver of such right, remedy or privilege by the forbearing Party. A default by any Party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting Party. XI. Signature Authority The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the Parties hereto and each Party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. CITY OF BEDFORD City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF COLLEYVILLE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF GRAPEVINE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF HALTOM CITY City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF EULESS CITY OF HURST City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF KELLER CITY OF NORTH RICHLAND HILLS City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF RICHLAND HILLS City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF SOUTHLAKE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF ROANOKE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF TROPHY CLUB City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF WATAUGA City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF WESTLAKE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney NRH RESOLUTION NO. 2008-032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is authorized to sign the updated N.EFDA Mutual Aid Agreement. PASSED AND APPROVED this the 9th day of June, 2008. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Andrew A. Jones, Jr., Fire Chief CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 6-9-2008 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6-9-2008 Presented by: Mike Curtis Agenda No. H.1 Subject: IR 2008-069 Notice of Upcoming Public Hearing for Proposed Improvements to I H 820 INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR No. 2008-069 E' -; Date: June 9, 2008 t ~ ,:.-; :. +~' Subject: IR 2008-069 Notice of Upcoming Public Hearing for Proposed Improvements to IH 820 The Texas Department of Transportation (TxDOT) has recently notified staff that they will be conducting the formal Public Hearing for the planned improvements to IH 820 from Mark IV Parkway to the SH 121/SH 183 Interchange on July 1, 2008 at the Richland Hills Church of Christ. TxDOT will have displays available for public viewing at 6:30 p.m. The formal hearing will commence at 7:00 p.m. TxDOT is requesting verbal and written comments from the public regarding this project. Written comments may be submitted either in person or by mail to the TxDOT District Office (2501 SW Loop 820, P.O. Box 6868, Fort Worth, TX 76115). Comments must be received on or before July 14, 2008 in order to become part of the official hearing record. Currently, the IH 820 improvements are being "bundled" together with SH 121/SH 183 (IH 820 to SH 161), I-35W (IH 30 to SH 170) and IH 820 (SH 121/SH 183 Interchange to Randol Mill Road). Grouped together these highway projects are known as the North Tarrant Express and TxDOT will select a firm (best value proposer) to enter into a Comprehensive Development Agreement for the construction, toll collection and maintenance of the facility over a prescribed time period. The prescribed time period is estimated to be around 50 years. Three (3) private sector firms are competing for the North Tarrant Express Project. A final selection of a best value proposer is expected by this fall. Construction could begin on IH 820 in 2009 at the earliest. Respectfully Submitted, Mike Curtis Director of Public Works ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 6-9-2008 Presented by: Councilwoman Suzy Compton Agenda No. H.2 Subject: Announcements -Councilwoman Compton Announcements The North Richland Hills Fire Department will hold a CPR Class from 1 to 5 p.m. on Saturday, June 14. The cost is $25 per person. The class is American Heart Association approved and participants will receive a Certification Card. To sign up or get more information, please call 817-427-6900. In honor of all fathers, Iron Horse Golf Course is offering a special steak dinner and round of golf at a discounted rate on Father's Day, Sunday, June 15th. For reservations and more details, please call Iron Horse at 817-485-6666. At NRH2O, the first 100 dads to visit the park get in FREE on Father's Day! For more information, please call NRH2O at 817-427-6500. The NRH Animal Adoption & Rescue Center invites dogs and their owners to participate in its annual Walk-A-Thon at 8 a.m. on Saturday, June 21. The two-mile walk will begin and end at the Animal Adoption & Rescue Center, located on Dick Fisher Drive. In addition to the walk, there will also be agility demonstrations and a doggie mall offering pet products and services. To register or get more information please call the Animal Adoption & Rescue Center at 817-427-6570. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Investigator Carrie White, Police Department A card was received from a resident expressing sincere thanks for Investigator White's consideration, compassion and helpfulness during the sudden death of a family member. Investigator White led the family through a horrific time and they are grateful for her guidance. The NRH Police Department is very fortunate to have her among their ranks. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-9-2008 Agenda No. H.3 Subject: Adjournment