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HomeMy WebLinkAboutCC 2009-07-13 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, July 13, 2009 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-069 Discuss Proposed Replacement of City Network and Telephone Systems (Agenda Item F.4) (10 Minutes) A.3 IR 2009-068 Residential Inspection Program (20 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property at 6701 Davis Boulevard C.0 Adjournment ~'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 July 10, 2009 at $:42„ C~1,~, r .( -E gist nt City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda -July 13, 2009 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, July 13, 2009 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 -Mayor Pro Tem Turnage A.2 Pledge -Mayor Pro Tem Turnage 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. NRH City Council Agenda -July 13, 2009 Page 2 of 4 There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of~ Minutes of June 22, 2009 City Council Meeting B.2 PU 2009-024 Award Bid No. 09-026 for Traffic Sign Materials to Vulcan Signs, Osburn Associates and Roadrunner Traffic. B.3 PU 2009-025 Award Bid No. 09-028 for Annual Right-of-Way Mowing Services to Signature Contracting Services, LLC C.0 PUBLIC HEARINGS C.1 SUP 2009-04 Public Hearing and Consideration of a request from Rock and Roll Offroad Motorsports, Inc. for a Special Use Permit for Automotive Conversion, Accessories, and Tire Sales, located at 6920 NE Loop 820 -Ordinance No. 3058 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2009-022 Award a Professional Services Agreement to Hamilton Duffy, P.C. in the amount of $66,500 for the Yarmouth Avenue Street Improvements Project. E.2 PW 2009-023 Award a Professional Services Agreement to Brown & Gay Engineers, Inc. in the amount of $84,405 for the Cloyce Court Street Improvements Project F.0 GENERAL ITEMS F.1 GN 2009-048 Consider Amendment to Chapter 104 Gas Well Drilling and Production - Ordinance No. 3057 F.2 GN 2009-049 Approve Amendment #2 to the Local Project Advance Funding Agreement with TxDOT for the Construction of the North Hills Multi-Use Trail F.3 GN 2009-050 Youth Advisory Committee End of Year Report F.4 PU 2009-026 Authorize the Purchase of Replacement Cisco Network and Telephone Equipment from Qwest Communications in the Amount of $693,042.80. F.5 GN 2009-052 Appointment to Substandard Building Board Place 1 NRH City Council Agenda -July 13, 2009 Page 3 of 4 F.6 GN 2009-043 Appointments to Animal Control Shelter Advisory Board -Places 1 and 3 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 OTHER ITEMS H.1 GN 2009-051 Authorize the City Manager to Execute a Contract for a Commercial Loan with Liberty Bank of North Richland Hills, Texas I.0 INFORMATION AND REPORTS 1.1 Announcements -Councilman Barth 1.2 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 Richlan Hills, Texas in compliance with Chapter 551, Texas Government Code on July 10, 2009 at :~~. Cti-~~114 . -A psi 'tant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda -July 13, 2009 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, July 13, 2009 5:45 P.M. A.1 Discuss Items from Re gular City Council Meeting A.2 IR 2009-069 Discuss Proposed Replacement of City Network and Telephone Systems (Agenda Item F.4) (10 Minutes) A.3 IR 2009-068 Residential Inspection Program (20 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property at 6701 Davis Rn~ ilPVarr~ C.0 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 7-13-2009 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-069 ;. Date: July 13, 2009 ~.d u.:. L Subject: Discuss Proposed Replacement of City Network and Telephone Systems Staff will be making a brief presentation on the status of the existing six year old network system and 10 year old telephone system and the benefits of the proposed replacement with a Cisco system. Both the network and telephone systems currently in use have exceeded the vendor's end of life cycle and the stability and reliability of each of the systems have declined. The network equipment and its replacement parts are no longer being manufactured due to the end of life process and the vendor removing itself from the network market to focus on its core products. Fujitsu, manufacturer of the current telephone system, removed itself from the enterprise telephone market several years ago and the City has been working with a company who purchased their surplus parts for maintaining the system. We have experienced several failures of varying magnitude over the last couple of years and currently have devices that have to be reset on a regular basis. With the network and telephone systems being the backbone of many of the City services, along with the increase in network traffic, the rate of these failures is unacceptable. The proposed replacement using a state of the art Cisco network and IP telephone system will immediately increase the reliability and stability, and offers several significant advantages to the City, its employees and customers. The advantages include: • Savings in annual maintenance costs • Savings in wiring costs • Training and qualified staff in immediate DFW area • Additional functionality The time allotted for this item will be used to make a brief presentation on the proposed system and allow Council an opportunity to discuss the system. A Cisco representative will be present to assist in answering any questions Council may have. Respectful ly Submitted, Kyle W. Spooner Director of Information Services. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-068 i :;. Date: July 13, 2009 %;-,, y~ ~ '. ~~ ~,~` Subject: Residential Occupancy Inspection Program During the January 2009 Goals Work Session, the City Council established the City's goals. One of their goals was Providing Quality Community Development and Revitalization. One of the key objectives related to this goal was to Ensure Compliance with Quality Housing Standards As City Council is aware, the city currently has a multifamily inspection program that has been in operation for 4 years which includes semi-annual inspections for all our apartment complexes. Staff is now requesting to receive input from City Council regarding a Single Family Residential Inspection Program that would include formal inspections for single-family, duplex, 3-plex, or 4-plexes. The Residential Inspection Program is meant to address primary interior and exterior safety, structural and maintenance issues and not colors, style or general aesthetics of each structure. The residential inspection would also look for zoning violations, unauthorized construction, and drainage modifications. The critical inspections that would ensure that minimum maintenance standards are met include the following: • Operable water & sewer system • Operable bathroom & kitchen facilities • Door, window & screen conditions • Exterior paint, waterproofing and exterior maintenance • Insect infestations • General repair (holes in walls, floors, etc.) • Fire/smoke detection systems • Grading changes (prevent standing and stagnant water) • Overgrown vegetation that may harm building/occupants • Water heating and HVAC • General dilapidation • Emergency egress from sleeping rooms • Building/zoning code violations (i.e. unauthorized enclosed garages, sheds, pools) ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Staff will give a presentation during the July 13, 2009 Work Session providing an overview of a Single Family Residential Inspection Program. The presentation will include staffs anticipated objectives for such a program. We are most interested in receiving Council feedback to see if this type of inspection program is of interest and if it is, then we can provide further details at a future meeting. Our objective would be to seek safe, sanitary, healthy structures for residents who are renting, and to continue our efforts to keep our neighborhoods good quality areas to live. Again, staff is seeking direction and or suggestions/comments from Council towards a single-family occupancy program that could be brought forth for consideration in the near future. We look forward to discussing this matter with you next Monday evening. Respectfully Submitted, David Pendley Chief Building Official CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-13-2009 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: 7-13-2009 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property at 6701 Davis Boulevard CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 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, July 13, 2009 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Mayor Pro Tem Turnage A.2 Pledge -Mayor Pro Tem Turnage 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 Items) 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 June 22, 2009 City Council Meeting B.2 PU 2009-024 Award Bid No. 09-026 for Traffic Sign Materials to Vulcan Signs, Osburn Associates and Roadrunner Traffic. B.3 PU 2009-025 Award Bid No. 09-028 for Annual Right-of-Way Mowing Services to Signature Contracting Services, LLC C.0 PUBLIC HEARINGS C.1 SUP 2009-04 Public Hearin;g and Consideration of a request from Rock and Roll Offroad Motorsports, Inc. for a Special Use Permit for Automotive Conversion, Accessories, and Tire Sales, located at 6920 NE Loop 820 -Ordinance No. 3058 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2009-022 Award a Professional Services Agreement to Hamilton Duffy, P.C. in the amount of $66,500 for the Yarmouth Avenue Street Improvements Project. E.2 PW 2009-023 Award a Professional Services Agreement to Brown & Gay Engineers, Inc. in the amount of $84,405 for the Cloyce Court Street Improvements Project F.0 GENERAL ITEMS F.1 GN 2009-048 Consider Amendment to Chapter 104 Gas Well Drilling and Production -Ordinance No. 3057 F.2 GN 2009-049 Approve Amendment #2 to the Local Project Advance Funding Agreement with TxDOT for the Construction of the North Hills Multi-Use Trail F.3 GN 2009-050 Youth Advisory Committee End of Year Report F.4 PU 2009-026 Authorize the Purchase of Replacement Cisco Network and Telephone Equipment from Qwest Communications in the Amount of $693,042.80. F.5 GN 2009-052 Appointment to Substandard Building Board Place 1 F.6 GN 2009-043 Appointments to Animal Control Shelter Advisory Board -Places 1 and 3 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session A~cenda H.0 OTHER ITEMS H.1 GN 2009-051 Authorize the City Manager to Execute a Contract for a Commercial Loan with Liberty Bank of North Richland Hills, Texas I.0 INFORMATION AND REPORTS 1.1 Announcements -Councilman Barth 1.2 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. A.1 Subject: Invocation -Mayor Pro Tem Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. A.2 Subject: Pledge -Mayor Pro Tem Turnage CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Subject: Special Presentation(s) and Recognitions) Council Meeting Date: 7-13-2009 Agenda No. A.3 No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-13-2009 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: 7-13-2009 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 7-13-2009 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: 7-13-2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of June 22, 2009 City Council Meeting Recommendation: To approve the minutes of the June 22, 2009 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 -JUNE 22, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 22nd day of June, 2009 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 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Elizabeth Reining Assistant to City Manager Larry Koonce Finance Director Craig Hulse Economic Development Director Greg VanNieuwenhuize Assistant Public Works Director Jamie Brockway Purchasing Manager 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 No items were discussed. A.2 IR 2009-062 Iron Horse Golf Course Update Ms. Vickie Loftice, Managing Director advised the purpose of the item was to provide a year to date report on operations at the Golf Course. Ms. Loftice expressed appreciation to Jay Clements, General Manager, and his staff at the Golf Course for their work and other city departments who have provided assistance for various activities at the golf course. Mr. Clements presented a PowerPoint presentation updating the Council on Golf Course operations the past year. The presentation highlighted recognitions and awards received, revenues and expenditures, an update on projects and programs and future opportunities for the course. Council was advised that rounds played are exceeding budget projections by 5.79% and are ahead of last year's projections by 2%. Food and beverage revenue is up 6.2% over last year, snack bar has increased 20% over last year, driving range revenue is down 15.81 % from budgeted numbers and golf carts are down 5.51%. Total revenue is up 2.12% from last year and 1.54% less than budgeted and expenditures are down 8.23% from budget. Projects that have been completed or will be completed in 2009 include: • Drainage improvements • New golf carts • New equipment for grounds maintenance • Re-grading and sodding an additional tee box on #17 hole. • Re-measuring all holes on the golf course to ensure the scorecard accurately reflects the correct yardage • Replacement of the green covers • Repainting of the two cabooses • General grounds maintenance included more attention to channels, trash clean- up and graffiti abatement • Bunker reclamation project • Replacement of HVAC at Clubhouse. An update Was given on ongoing programs, which included the Player Development Program, The Eagle Card, Golfer's Rewards Program and Cybergolf. Council was advised that Iron Horse will be celebrating its 20th anniversary this year and plans and details will be forthcoming. A.3 IR 2009-063 City Use of Social Media Websites Ms. Tina Earle, Marketing/Special Projects Coordinator, presented a PowerPoint presentation on the City's use of electronic marketing and social media applications and the positive impact they have on programs and services for residents. The City's electronic marketing services include Gov Delivery, Constant Contact and Crime Web. The City is also expanding its efforts to communicate though social media sites such as YouTube, Facebook, MySpace, Twitter and Flickr. The City's social media presence is being promoted through the Parks Twitter Page, City Facebook Page, Parks YouTube Channel, CityFlickrGroup and NRH2O My Space Page. There will be additional social media initiatives by the City in the coming months. A.4 IR 2009-064 American Recovery and Reinvestment Act Update Ms. Elizabeth Reining, Assistant to the City Manager, presented a PowerPoint presentation updating the Council on the City's activities to date regarding the American Recovery and Reinvestment Act (ARRA). Since the Act went into effect in February, the City has received allocations directly from federal agencies. The City was awarded $99,563 from the Byrne Assistance Justice Grant, $87,739 in a Community Development Block Grant and $584,900 in Energy Efficient and Conservation Block Grants. The City will also receive Pass Through Allocation funds through TxDOT for the Boulevard 26 multi-use trail along Calloway Creek and the Boulevard 26 Overlay between Davis and Mid-Cities. The City has also applied for competitive ARRA grants such as the Diesel Emission Reduction Program and Byrne Competitive Grants and is considering Economic Development ARRA funds for public improvements to the Calloway Creek Retail area and Neighborhood Stabilization funds which would allow the City to purchase and rehabilitate, resell or tear down foreclosed residential property within the City. There are also AARA programs residents and businesses can apply for that the City has no control over. The City does not meet the population criteria for the Weatherization funds, but residents can apply to the Fort Worth Housing Authority for assistance. There are also programs available to help small businesses. The City has gathered information on these programs to give to the businesses. Ms. Reining explained in more detail the Energy Efficient and Conservation Block Grant (EECBG). This is a new program in which the City has been allocated a large amount of funds. EECBG was first introduced into law in 2008 but the program did not receive any funding. Through ARRA, EECBG was allocated $3.2 billion and North Richland Hills has been directly allocated $584,900. These funds can be used for municipal purposes as well as programs for local residences and businesses that promote energy effciency within city limits. Council was advised of several possible projects for the EECBG program. Projects proposed with the available funding are: Window Replacement ($25,000), Solar Panel Project ($14,384), Simple Household Energy Conservation Tools ($5,000), Green BIG ($25,000), Fire Department Vehicles Shoreline Project ($9,000), Solar Power School Zone Beacon Upgrades ($180,000), Long Term Energy Efficiency ($100,000), School Flasher Led Upgrades ($20,000), De-lamp City buildings ($49,000), Green Tenant Improvements ($25,000), Solar Power City Entry Signs ($70,000), Solar Photovoltaic System at Dan Echols ($57,000). With future funding, possible EECBG projects are: Reroofing ($318,000), Traffic Signal Light Adaptive System ($270,000), Automatic Lighting Controls ($15,000), Illuminated Street Signs ($22,000), Davis Boulevard Sidewalk Construction ($80,000), Traffic Signal Video Vehicle Detection System ($135,000), Traffic Signal Emergency Auxiliary Power ($60,000), HVAC Controls ($378,000), Preventive Sidewalk Maintenance ($60,000), Traffic Signalization at Davis Boulevard /Creek View Drive ($300,000). Council concurred with the projects proposed for the ARRA EECBG funds. 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 551.0.72, Texas Government Code to Deliberate the Purchase or Value of Real Property located at the northeast corner of Larue Court and Rufe Snow Drive and at the northeast corner of Corona Drive and Rufe Snow Drive for the Rufe Snow Drive Street & Utility Improvements (Karen Drive to I.H. 820) Project B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code_for Consultation with Attorney on Litigation: Union Pacific Double Eagle Superfund Sit~gation Mayor Trevino announced at 6:33 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: Section 551.072 to deliberate the purchase or value of real property located at the northeast corner of Larue Court and Rufe Snow Drive and at the northeast corner of Corona Drive and Rufe Snow Drive for the Rufe Snow Drive Street and Utility Improvements (Karen Drive to I.H. 820) project and Section 551.071 for consultation with Attorney on litigation on Union Pacific Double Eagle Superfund Site litigation. C.0 Adjournment Mayor Trevino adjourned Executive Session and announced at 6:46 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 June 22, 2009 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Mayor Mayor Pro Tem, Council, Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Tim Welch Staff: Larry J. Cunningham Karen Bostic Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Council, Place 7 City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) YARD OF THE MONTH AWARDS PRESENTED BY COUNCILMAN SAPP Kathy Luppy,~ Keep NRH Beautiful Commission Chair and Councilman Sapp recognized the following yard of the month recipients for June: B. J. Rowe, 6405 Heidelburg Court; Bette Nolen, 6729 Cylinda Sue Circle; Jack & Rose Whitlock, 4916 Skylark Circle; Maya Pavlov, 6245 Dream Dust Drive; Oliver & Jacqueline Davis, 5344 Bob Drive; Tim & Lisa McDonald, 6708 Mabell Street; Ann Plymale, 8800 Ashcraft Drive; Stan Allen, 7901 Forest Hills; Kevin & Valerie Eagan, 8308 Sandy Court. Rufe Snow Village 6238-6248 Rufe Snow was recognized as the June Business Landscape Winner. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) PROCLAMATION FOR NATIONAL RECREATION AND PARKS MONTH PRESENTED BY COUNCILMAN LOMBARD Councilman Lombard presented a proclamation for National Recreation and Parks Month to Vickie Loftice, Managing Director. Ms. Loftice introduced the Parks staff and thanked everyone. A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 8, 2009 COUNCIL MEETING B.2 APPROVAL OF MINUTES OF JUNE 10, 2009 CITY COUNCIL WORK SESSION B.3 PW 2009-019 APPROVE CONTRACT OF SALE FOR THE PURCHASE OF STREET RIGHT-OF-WAY AT 6701 MEADOW ROAD AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT B.4 PU 2009-027 AWARD BID NO. 09-027 FOR WATER & WASTEWATER REPAIR MATERIALS TO MAINLINE SUPPLY CO., ATLAS UTILITY SUPPLY AND ACT PIPE & SUPPLY MAYOR PRO TEM TURNAGE MiOVED TO APRROVE THE CONSENT AGENQA. COUNCILMAN WELCH SECONQEQ THE MOTION,: MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.0 No items for this category. PLANNING & DEVELOPMENT D.0 Items to follow do not require a public hearing. No items for this category. PUBLIC WORKS E.1 PW 2009-020 AUTHORIZE CITY ATTORNEY TO TAKE THE NECESSARY STEPS TO ACQUIRE PROPERTY FOR THE SIGNALIZATION OF HOLIDAY LANE/CHAPMAN ROAD/MEADOW ROAD PROJECT -RESOLUTION NO. 2009-021 APPROVED Mike Curtis, Managing Director presented the item. This project will consist of constructing traffic signals at the intersection of Holiday Lane/Chapman Road/Meadow Road. Meadow Road will also have a dedicated right turn lane constructed at the approach to Chapman Road. Three very small portions of property are required in order to construct two signal cabinets and the signal light located at Holiday Road and Chapman. Staff has discussed the acquisition of the property on several occasions with the property owner and has met with a representative of the property owner at the site. The property owner has not acknowledged the offer by the City and will not respond to follow up calls concerning the offer. Staff is recommending to authorize the City Attorney to take the necessary steps to acquire the necessary property for the signalization. COUNCILMAN LEW1S MOVED TO APPROVE RESOLUTION NO. 2Q09-021. COUNCILMAN SAPP SECONDED THE MOTION.. MOTION TO APPROVE CARRIED ~-0. E.2 PW 2009-021 AUTHORIZE CITY ATTORNEY TO TAKE THE NECESSARY STEPS TO ACQUIRE PROPERTY FOR THE RUFE SNOW DRIVE STREET & UTILITY IMPROVEMENTS (KAREN DRIVE TO I.H. 820) PROJECT - RESOLUTION NO. 2009-022 APPROVED Mike Curtis, Managing Director presented the item. For the Rufe Snow Drive Street and Utility Improvements project additional Right-of--Way is necessary from seven (7) properties. These seven (7) properties are owned by six (6) different property owners. All seven (7) properties have been appraised by a State Certified General Real Estate Appraiser certified by the Texas Appraiser Licensing and Certification Board and staff has extended a written offer in the amount of each property's appraised value to each of the six (6) property owners. Staff has previously obtained three (3) parcels and has been in contact with the property owner that owns two (2) parcels. As such, there are two (2) property owners that staff has been unable to directly contact. In order to construct the project, a 50 square feet "corner clip" is necessary from one of the properties (6701 Larue Circle) and the acquisition of the entire lot is necessary for the other property (6701 Corona Drive). Staff is recommending to authorize the City Attorney to take the necessary steps to acquire the necessary property for the utility improvements. COUNCILMAN LOMBARLI MOVED TO APPROVE RESOLUTION NO. 2009-022. COUNCILMAN WHITSON SECON'©ED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 PU 2009-023 AWARD BID NO. 09-012 TO THE FAIN GROUP IN THE AMOUNT OF $244,057 FOR CONSTRUCTION OF THE LIBERTY PARK LAKE PROJECT APPROVED Joe Pack, Capital Projects Superintendent, presented a PowerPoint presentation and summarized the item. Item is to consider the award of bid for the construction of the Liberty Park Lake project. After reviewing the bids received, staff recommends executing a contract with The Fain Group, Inc. selecting their base bid plus alternates 2 and 3 for a project total of $244,057 from an available budget of $252,250. The acceptance of the alternates will provide an 8 feet depth lake and sod in lieu of grass seed. Awarding the base bid and alternates 2 and 3 in the amount of $244,057, leaves a remaining balance of $8,193 to be used for project contingencies. COUNCILMAN WELCH MOVED TO APPROVE PU 2009-023 TO INCLUDE THE ALTERNATES 2 AND 3 FOR A TOTAL CONSTRUCTION COST OF $244,057. COUNCILMAN SAPP SECONDEQ THE MOTION... MOTION TO APPROVE CARRIEQ 7-0. F.2 GN 2009-042 APPOINTMENT OF BOARD MEMBER TO REINVESTMENT ZONE NUMBER 2 APPROVED Larry Koonce, Finance Director presented the item. With Suzy Compton leaving Council, a vacancy was created on the Reinvestment Zone Number 2. Other Council Members currently serving on this Board are Mayor Trevino, Mayor Pro Tem Scott Turnage, Councilmen David Whitson, John Lewis, and Tim Welch. MANOR TREVINO RECOMMENDED COUNCILMAN SAPP TO FILL THE VACANCY. MAYOR PRO TEM TURNAGE MOVED TO APPROVE THE APPOINTMENT OF COUNCILMAN SAPP TO SERVE THE REMAINDER TWO-YEAR TERM. COUNCILMAN LOMBARD SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2009-044 APPOINTMENTS TO PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION -PLACES 2, 4 AND 6 APPROVED Item presented after F.6 F.4 GN 2009-045 APPOINTMENTS TO CIVIL SERVICE COMMISSION -PLACES 1, 2, 3 AND PLACE 5 APPROVED Patricia Hutson, City Secretary presented the item. The terms of office for the individuals serving in Places 1, 2, 3 and 5 on the Civil Service Commission expire June 30, 2009. The Charter stipulates that these appointments are mayoral appointments with confirmation by two-thirds vote of the Council. Mayor Trevino is recommending the following individuals for Council confirmation: Place ~1 Sally Bustamante term expires 6/30/2010 Place 2 September Daniel term expires 6/30/2010 Place 3 Bill Fenimore term expires 6/30/2011 Place 5 Robert Harrison term expires 6/30/2012 COUNCILMAN LOMBARD MOVED TO APPROVE GN 2009-045. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-a. F.5 GN 2009-046 APPOINTMENTS TO RED LIGHT CAMERA ADVISORY COMMITTEE APPROVED City Secretary Patricia Hutson presented the item. In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The committee's purpose is to advise the Council on the installation and operation of a photographic traffic signal enforcement established under Article X of Chapter 54. The Mayor and Council members have submitted the following names for appointment to the Red Light Advisory Committee. Their terms of office will expire June 30, 2010. Mayor Trevino Mayor Pro Tem Turnage Councilman Lewis Councilman Sapp Councilman Lombard Councilman Barth Councilman Whitson Councilman Welch Mike Witt Pam Hansen Sixto "Tito" Rodriguez Scott Wood Scott Eager Steve Koons Gerald Tyner Gena Morrison COUNCILMAN WELCH MOVED TO ARRROVE GN 2Q49-046. COUNCILMAN BARTM SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-Q. F.6 GN 2009-047 APPOINTMENTS TO BOARDS & COMMISSIONS APPROVED Patricia Hutson, City Secretary presented the item. The terms of office for the individuals serving on the Boards and Commissions in Places 1, 3, 5 and 7 expire June 30. In addition, the Place 2 position on the Park and Recreation Board is vacant as a result of Tom Lombard's recent election to the City Council. Councilman Whitson is also recommending moving Dianna Madar from the ex officio position to the Place 5 position on the Planning and Zoning Commission and the Capital Improvement Advisory Board creating a vacancy on these two boards. Also, Mr. Jim Kemp on the Board of Adjustment is being moved from Place 3 position to Place 1. Mr. Garry Cope on the Substandard Building Board, Place 1 has not confirmed his interest in serving another term, so Place 1 reappointment/appointment will be presented at another meeting. For the boards listed below, Chapter 2, Article III, Section 2-121 c of the Code of Ordinances states that the City Council will act upon Council member nominations. The terms of office for Places 1, 3, 5 and 7 will expire June 30, 2011. The terms of office for the Place 2 appointment to the Park and Recreation Board and the Ex Officio appointment to the Planning & Zoning Commission and the Capital Improvement Advisory Board will expire June 30, 2010. The following nominations have been submitted for Council consideration at this time: Keep North Richland Hills Beautiful Commission Place 1 Dianne Spradling Place 3 Darla Batchler Place 5 Donah Tyner Place 7 Holly Bullington Board of Adjustment Place 1 Jim Kemp Place 5 Tommy Duer Place 7 Jerry Henry Library Board Place 1 Don. Tipps Place 3 Mary Shilcutt Place 5 Avis Crisp Place 7 Jane Birkes Park and Reci Place 1 Place 2 Place 3 Place 5 Place 7 reation Board Ricky McElroy Sixto "Tito" Rodriguez Brad Greene Marty Kusmierski Mike Filis Planning & Zoning Commission and Capital Improvement Advisory Committee Place 1 Mark Haynes Place 3 Don Bowen Place 5 Dianna Madar Place 7 Steven Cooper Ex Officio Kathy Luppy Substandard Building Board Place 3 Deryl Brown Place 5 John Larriviere Place 7 Bob McCary Teen Court Advisory Board Place 1 Zane Harrington Place 3 Ronald Moore Place 5 Carrie West Place 7 Anita Jones COUNCILMAN LEWIS MOVED TO APPROVE GN 2009-047. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2009-044 APPOINTMENTS TO PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION -PLACES 2, 4 AND 6 APPROVED Ms. Patricia Hutson, City Secretary presented the item. The terms of office for the Board Members serving in Places 2, 4, and 6 on the Park and Recreation Facilities Development Corporation expired on May 1, 2009. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 1-4 are designated for Council Member Directors and Places 5-7 are designated for Citizen Member Directors. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve on this Board. The places with expired terms are: Place 2 - Council Member Director (Councilman Lewis -incumbent) Place 4 - Council Member Director (Councilman Barth -incumbent) Place 6 - Citizen Member Director (Vacant) COUNCILMAN SAPR MOVED TO REARROINT COUNCILMAN LEWIS, PLACE 2 AND COUNCILMAN EARTH, PLACE 4 AND NOMINATE THE APPOINTMENT OF TITO RODRIGUEZ, PLACE ~ WITH TERMS TO EXRIRE MAY 1, 2.011. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. The City of North Richland Hills conducts a test of the 10 outdoor emergency warning sirens at 1 p.m. on the 1st Wednesday of each month. The next test is scheduled for Wednesday, July 1st. The test will not be performed if threatening weather is near or there is low cloud cover. For more information, please call 817-427-7007. City Hall and other non-emergency City offices will be closed on Friday, July 3rd in observance of the Independence Day Holiday. The NRH Recreation Center, Library, Tennis Center and Senior Centers will also be closed. NRH2O and Iron Horse Golf Course will remain open. Garbage and recycling schedules will not change due to the holiday. Join us on Saturday, July 4th for the Quad Cities Family 4th Fireworks Show. The fireworks start at 9:30 p.m. They can be viewed from Wiley G. Thomas Coliseum in Haltom City and the ATI Career Training Center located off of Boulevard 26 in North Richland Hills. Parking is free at both locations. In addition to the fireworks show, The Farside Band will perform from 7:00 to 9:00 p.m. in the parking lot of Wiley G. Thomas Coliseum. The concert will include favorites from the 60's, 70's and 80's. For more information, please call 817-281-9376. Kudos Korner -Cathy Anthony, Library. A library patron sent a bouquet of flowers with a note, thanking Cathy for going the extra mile to help locate a book for her son at closing time. The patron said Cathy's patience and willingness to help was greatly appreciated. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:56 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 7-13-2009 Agenda No. B.2 Subject: PU 2009-024 Award Bid No. 09-026 for Traffic Sign Materials to Vulcan Signs, Osburn Associates and Roadrunner Traffic. In the 2008/2009 approved General Fund Budget, Council appropriated funds for traffic sign material for the Public Works Department These materials will be purchased as needed for maintenance and repair on traffic control devices such as street signs and pavement markings. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute 'and posted on the City's Website. Numerous vendors were contacted and requested to participate in this bid process. Bid specifications were viewed on the City's Website by twenty nine (29) vendors. Eight (8) bids were received. The bid specifications provided a list of items used in the repair and maintenance of traffic control devices along public streets within the City. Vendors were supplied a list of items and estimated quantities to bid on. The specifications were divided into three sections of like items and materials. Section `A' includes different sizes and styles of blank signs and posts. Section `B' includes various types of signage materials. Section `C' includes pavement marking materials. The Public Works Department has reviewed the bid proposals for Traffic Sign Materials (Bid 09-026). Based upon the review and evaluation of the bids, the Public Works and Purchasing Departments are recommending the award to three separate companies. Each section is being awarded based on the lowest bid per section to the vendor who bid all items listed within the section. Section `A' to be awarded to Vulcan Signs Section `B' to be awarded to Osburn Associates Section `C' to be awarded to Roadrunner Purchases will occur throughout this fiscal year and into the next fiscal year. The specifications call for pricing to remain firm for a twelve (12) month period with the options to extend the agreement for three (3) additional twelve (12) month periods if it remains beneficial to the City and the Vendors. Recommendation: To Award Bid No. 09-026 for Traffic Sign Materials to Vulcan Signs, Osburn Associates and Roadrunner Traffic. ~' d' CO (D I` O O M ~. _ _ _ _ _ _ ::~ ~.. .< `:, 1 00 O f` ~ M ~' '~ ~ - :. td;.; .. ` ~ r ~} r ~} r Efl r Ef} r ff~ ~ ~} r d~} r d~ ' ::: v.:<. > r ~ ~ O tt~ ~ t,f) ~ tB `` .Z : ~ d' r O r d' r ~ ~ CO r O N O N I` ~- ~ ~«" ~} Eft 6F} H} Efl Eft 6F} d } °` ~ ~ ~ D 0 D ~ 0 _ m _ m _ m m m m _ m m ~. , . , .' Z Z Z Z Z Z Z Z ~,} :,. Cfl ~ 01 O M O O O ~"~ '<::>.~ ~ d~ 69 d~} Eft d~} ~} EA ~. 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" ~ ~~~ ~ .:~.i~ .... ~ ~: ~ ~~~~ ,, ~~~~~'~~ W W W W W W W ~~ ~. ~' ~ ', O O O O 7O 7O 7O Z ~::'~~~ ~ ".. 7 i~ 7 7 f. i~ 7 i~ f~ ` L~ ,:::.. ~ :.~; ' rn ~c rn .x ~ ~ ~ ~ rn cv O ~` O ~ O O ~ ~ O ~ O O ~ O O ~ ~.:.:,::; N ~ ~ ~ N O O N O O .~.+ >': ~w::.::.5::. '~ : '~ (7 (7 ~ (7 W rn rn ~ U ~ ~ ' ~ ~ '`.'`: °: ~. : X C N ~ a~ O ~ '. , ~ L ~ L ~ W ~ (Q O ~ N m (n O ~ : : ;, < .: (~ N ~ ~ N O ~ N s-' ~ W .: . N C~ S~~ (~ O N V O~ O Q ~ (tf O W N ~ O Q N N (0 N .C L L ~ N ~ ~n co co i` co c~ oo c~ rn c~ o r` t` N ~~H QTY ~~ N+Q-R'tH ~IG~LA~IC'1« ~1~~~ ~'1~~L1~ V~C~R~S ~111!lfl~l~ TC3: Jamie Brockway, Purchasing Agent FR{~3Iv1: Jimmy Cates, ~3peratons IU'ianager DATE: June 'I $, ~Og9 SI~BJE~T; Traffic aign Materials (€~9-~2~~ The Public Vlforks C~epartn~ient has reviewed:. the bid proposals l'or Traffic Sign Materials ~flg-~~+~}. Based upon eur review and evaluation of the bids, the department is recommending the following bid awards: M section A ~ rlulcar~ signs 44,~89;~4 • Section B _ ~3sb~im Assr~ciates $1$7,71 F.Clfi1 Section ~ - Roadrunner Trai~ic $ 4~,345.t~Q All rnraterials are estimates and the department has the ability to increase or decrease the needed amount of materials, per kaid specifications. Section B shows 5,~1~}a sign poles, but the department will only order approximately (~ sign poles.. The account numbers used to purchase these rr~aterials are: Ot}'I-X002-5~2.~~-28 Repair and Maintenanc~+Bign, Fence end! S~ew~ik Qt}1-~C102~~2.~1-FD ~ener'al ~upplies/TraffC The department will not be purchasncJ all materials during this. fiscal year. purchases will occur throughout the fiscal year and into the next fiscal year. The account b~lanr for this year w11 not show enough funding for the materials because a lot of the i~naterial has already been purchased ~.inder a +different annual ca±rrtract. Please let me know if yc~u have any questions. 4~ ~.... ~'~ s,~~limmy ~ tes .. Pulaiic'~orks C)perativns Manager c~ G~yE~ Green, Pubtic Wcuics Street Superwis~csr t~ugtas Dt~n, pubic Wcxtcs Serrtiior Tr~i~c 7'edon~Ci~n ~Cllb~lpw~t~9-1 ~2t CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 7-13-2009 Agenda No. B.3 Subject: PU 2009-025 Award Bid No. 09-028 for Annual Right-of-Way Mowing Services to Signature Contracting Services, LLC In the 2008/09 approved budget, Council allocated funds for mowing services for rights- of-way, medians, drainage channels, water towers and pump station sites. Notice of the City's intent to bid was advertised in local newspapers, as required by State Statute and posted on the City's Website. Thirty two (32) vendors were contacted and requested to participate in this bid process. Bid specifications were viewed by nineteen (19) additional vendors. Seven (7) bids from the following vendors were received: Aleman Industries Armstrong Landscape Green Collar Workers Signature Contracting Services TruGreen Landcare Vardiman VMC Landscape Services The Public Works Department has reviewed the bid documents submitted for the Right- of-Way Mowing (09-028). Based upon the review and evaluation, the department is recommending Signature Contracting Services be awarded the contract. Signature Contracting Services was not the low bidder. The low bidder was Vardiman Grounds: Mr. Vardiman has withdrawn their bid due to the hardship it would cause their company. The $16,350 price quoted by Vardiman Grounds is not sufficient enough to cover the expense of having to hire the staff and purchase the equipment needed to complete the work required by the Right-of-Way Mowing Contract for the City of North Richland Hills. Second low bidder was Aleman Industries: Aleman failed to submit a list of the company's equipment inventory as required in the bid specifications. This information was provided by Aleman Industries at a post bid interview. The equipment inventory was inadequate to complete the required Right-of-Way Mowing Contract for the City. No information was submitted concerning a plan to obtain additional equipment needed. Signature Contracting Services provided adequate financial statements, equipment inventory list and reference information with their bid packet. Signature Contracting performs this type of mowing services for the City of Desoto, Duncanville, Southlake and Keller. Reference checks were positive and all indicated good quality of work and quick response to request and concerns. The specifications call for pricing to remain firm for a twelve (12) month period with options to extend the contract for an additional three (3) twelve (12) month periods if it remains beneficial to the City as well as Signature Contracting Services. City staff has investigated the possibility of combining the Public Works Right-of--Way mowing contract with the Parks and Recreation Parks mowing contract in the past in order to take advantage of "economies of scale". The challenge that staff has faced previously is finding one company large enough to handle the mowing requirements and schedules for the entire city. Staff will continue to look at this as a future possibility but at this time we are recommending that the city continues with two separate contractors. Recommendation: To award bid No. 09-028 for Annual Right-of-Way Mowing Services to Signature Contracting Services, LLC VENDOR Vardiman Green Collar Armstrong Aleman Signature Contracting VMC Landscape TruGreen Grounds Workers Landscape Industries Svs Services Landcare DESCRIPTIO PRICE ' PRICE 'PRICE ' PRICE PRICE PRICE PRICE N Base Bid for Class I 8,000.00 71,000.00 65,742.00 40,356.00 66,375.00 78,920.00 81,822.95 (40 cycles) Base Bid for Class II 5,000.00 72,000.00 71,468.00 31,996.00 46,310.00 No Bid 51,898.71 (20 cycles) Base Bid for Class III 2,600.00 16,900.00 7,190.00 7,083.96 9,321.00 No Bid 22,220.52 (13 cycles) Base Bid for Class IV 750.00 5,000.00 10,341.00 4,990.00 2,538.75 13,805.00 9,232.31 (5 cycles) TOTAL 16,350.00 164,900.00 154,741.00 84,425.96 124,544.75 $92,725.00 $165,174.49 All or none T~•I ~~H CITY OF NORTH 121CHLAND H16LS PUBLIC WORKS MEMO TG: ~ Jamie Brockway, Purchasing Agen# FRGM: Gaylon Cremeen, Street Supervisor DATE: June 23, ~OOJ SUBJECT: might of Way Mowing 409-028} The Public Warfcs Department has reviewed the bid proposals for Right-of Way Mowing (09~- 028)_ Based upon our review and evaluation of the bids, the department is recommending That the bid be awarcied to Signature Contracting Services.. The lowest bidder, Vardiman Grounds, has op#ed to withdraw their bid due to the hardship it would cause their company. The $1$,350.00 price quote is not sufficient enough to cover the expense ofi having to hire numerous employees and purchase more equipment to be able to complete the work required by the Right-of--Way Mowing Contract with the City of North Richland Hills. The second bwest bidder, Aleman Industries, failed to submit information requested in the Bidders Questionnaire at the time of bid submittal. Specifically a Iist of the cx~mpany~s equipment inventory imawers, blowers, weed eaters, vehicles, etc.). This information was requested and received at the post bid interview. The equipment inventory is inadequate to be able to complete the work required by the Right-of-Way Mowing Contract with the City of North Richland Hills. No infom-ration was submitted r.,onceming a plan to obtain additional equipment. Aleman Industries has not performed right-of~way mowing f©r other cities. Signature Contracting Services provided adequate f nancial statements, equipment inventory, and reference infvrrnation with their bid proposal. Signature Contracting Services performs this service for numerous cities in this area including the Cities of Desoto, Duncanville, Southlake, and Ke{ler, Reference checks were very positive stating they were pleased with the quality of worst and response to requests and concerns are handled in a timely manner. Signature Contracting Services submitted the most qualfied bid; they have the necessary equipment to fulfill this contract. The account number used forright-of way rnov~ng is: 405-6C~9-7'!2.42-15 Please let me know if you have any questions. Cayl Cremeen ______._..........._,.....v_._..._._._.._._._ Public Works Street Supervisor GG+'iblpwrtZ2QQ~#-122r cc: JirnmyCei~, F'ubii~l~No~s Opaatians Mau~ager CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 7-13-2009 Presented by: Eric Wilhite Agenda No. C.1 Subject: SUP 2009-04 Public Hearing and Consideration of a request from Rock and Roll Offroad Motorsports, Inc. for a Special Use Permit for Automotive Conversion, Accessories, and Tire Sales, located at 6920 NE Loop 820 -Ordinance No. 3058 APPLICANT: Rock and Roll Offroad Motorsports Inc., represented by Chris Leitner. CASE SUMMARY OF REQUEST: The applicant is requesting approval of a Special Use Permit (SUP) in order to operate a business that will include customization and installation of aftermarket vehicle parts, accessories, tires and wheels. The primary vehicles this type of work will be done on are medium to high end trucks, SUV's and Jeeps. The company currently has a location in Wichita Falls. Since the Wichita Falls location has done well the applicant is planning to expand into the DFW market area. The operation will also include Internet sales of parts and accessories. The location of the new business (6920 NE Loop 820) was originally Service King Paint and Body repair facility; and more recently a car audio and alarm installation business. Due to the existing structure at this location previously being constructed for automotive type services it is also set up adequately for the proposed operations. The proposed operations will include a vehicle service area using existing overhead service bay doors located on the rear of the structure, a show room/accessory sales area, as well as business offices. There will be no outside storage of merchandise or vehicles being serviced. Several improvements will be done to the site as part of the new occupancy. Since the building has been vacant for sometime the applicant will be re-installing required landscaping as well as providing additional landscaping. Rock and Roll Offroad will also be re-painting the building to match the color scheme of their business. The total landscape improvements being proposed exceed the required parking lot landscaped area requirements. The applicant intends to sign a three year lease on the property. The property owner and applicant are both aware of the future expansion of NE Loop 820 and the potential impact on the property. Because of the future highway widening project the lease for the property will include a clause that the lease can be terminated should the future right-of- way (indicated in red on the attached Site Plan Exhibit) negatively impacts the business. EXISTING ZONING: "C-1" commercial. PLANNING AND ZONING COMMISSION RECOMMENDATION: Approved by a 4-0 vote. STAFF RECOMMENDATION: To uphold the recommendation of the Planning and Zoning Commission and approve the SUP request based on all operations taking place within the structure and no outside storage-Ordinance 3058. Review Schedule: Application: 4/27/09 Applicant Revision Time: 5 weeks Final Hearing: 7/13/09 Scheduling Time: 4 weeks Staff Review: 2 weeks Total Review Time: 11 weeks LOCATION MAP SUP 2008-04 Rack and Rall Offroad Motorsports 6920 NE Loop 820 June 25, 2009 Feet Prepared by Planning 6111109 0 ~0020o aao soo soo AERIAL Rack and Roll Offroad Motor Sports 6920 NE Loop 820 June 25, 2009 Prepared b~ Planning 6111109 Feet 0 8~ 170 340 X10 680 N HRH A SUP 2009-04 PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: SUP 2009- 04 Applicant: Rock and Roll Offroad Motorsports, Inc. Location: 6920 NE Loop 820 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 Rock and Roll Offroad Motorsports, Inc. for a Special Use Permit for Automotive Conversion located at 6920 NE Loop 820. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 25, 2009 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL, MONDAY, JULY 13, 2009 Both Meeting Times: 7:00 P.M. Both Meeting 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 Davis Chapel Inc Service King Paint ~ Body Inc 7000 investors LP 5430 E Lancaster Ave 808 S Central Expy 7000 NE Loop 820 Fort Worth Tx 76112-6362 Richardson Tx 75080-7413 Fort Wvrth Tx 76180-7904 Michael Dean Barballa 7001 Corona Dr NRH Tx 76180-7917 Jmason Properties LLC PO Box 93732 Southiake Tx 76092-0116 Marian Kjellander 7009 Corana Dr Fort Worth Tx 761.80-7917 Kenneth C & Lisa McDowell Est 7013 Corona Dr Fort Worth. Tx 76180-7917 Sydney & .Jeffrey Keeter 1961 Stonehill Dr Justin Tx 76247-6735 William F Morgan 7004 Corona Dr Fort Worth Tx 7fi180-7919 Carlos Gonzalez 7017 Corana Dr NRH Tx 76180-7917 Frances F Brackin 7101 Corona Dr Fort Worth Tx 76180-7921 Walter J Chambless 7313 Lindwall Ct NRH Tx 76180-3461 Curtis N Etux Elizabeth Worne 7021 Corona Dr NRH Tx ?6180-7917 Ronald J Etux Janan Benefiel 1300 Craws Nest Ct Azle Tx 78020-4904 Juanita- & A Porras Ramirez 4928 Harrell St NRH Tx 761$0-7938 Larry Etux Virginia Monschke Brandt M Etux Heather C?liver 7020 Corona Dr 7024 Corona Dr NRH Tx 78180-7918 NRH Tx 7G180-7918 ORDINANCE NO. 3058 SUP 2009-04 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT FOR AUTOMOTIVE CONVERSION, ACCESSORIES AND TIRE SALES ON PROPERTY AT 6920 NE LOOP 820; 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 and the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by changing the zoning of a parcel of property and approving a special use permit and site plan for automotive conversion, accessories and tire sales at 6920 NE Loop 820. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed 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 clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of July, 2009. By: CITY OF NORTH RICHLAND HILLS 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 Site Plan Exhibit Rock and Roll Off-Road, Inc Photos Enhanced to Show Proposed Signage Photos of Existing Conditions EXCERPT FROM THE MINUTES OF THE JUNE 25, 2009 PLANNING AND ZONING COMMISSION MEETING Public Hearing and Consideration of a request from Rock and Roll Offroad Motorsports, Inc. for a Special Use Permit for Automotive Conversion located at 6920 NE Loop 820. Chairman Shiflet opened the Public Hearing at 7:02 p.m. Chris Leitner, 1341 Bassetthound Rd, Haslet, TX came forward with a request for an accessory supply and retail location for jeep, SUV, truck parts such as shocks, tires, wheels and aftermarket parts to help dress up vehicles. In addition, his company is involved in the off road racing community as vendors. The primary reason for moving from Wichita Falls to North Richland Hills is because of the demographic the area brings as well as development that the region brings. The current location in Wichita Falls is at a stuck point which is why they are moving. They are currently working on the site plan to upgrade the property with current zoning that would enhance the appearance of the building. Five of the current Bradford pear trees will be removed and seven new trees will be added for enhancement. He explained they do offer a retail store online with has become a large focus of their business. The Internet has enabled them to advertise across the country as well as worldwide with their site. The business is a family run operation and plans on staying for a long time. Mr. Leitner said he wanted to point out the acknowledgement of the TXDOT expansion with the North Tarrant Expressway and the proposed right of way. He spoke with TXDOT as of Tuesday this week to ensure the proper location of their right of way on the site plan. In addition, they confirmed they will maintain two entry points into that location. Initially at the beginning of the year this was not the case. But they have agreed to maintain the right of way according to the current site plan. Chairman Shiflet confirmed with Mr. Leitner that with the expansion, the new right of way and two entrances would he still be able to stay at that location? Mr. Leitner said the only thing that could possibly interfere is when they bring the right of way in they could possibly lose 6-8 parking spaces in the front. But there is no parking in the front as it is. All the parking is on the east and the west side including 25-28 spaces. But this is a chance they are willing to take because TXDOT is going to maintain the entrance points. Eric Wilhite came forward stating that when the applicants from Rock and Roll Offroad came in regarding the land use, Staff has reviewed the project request closely due to the land use which requires a Special Use Permit. With the fact that the building was originally constructed for Service King Automotive Paint and Body Repair had a significant influence on Staff supporting this type of SUP request. In addition the building has been vacant for nearly three years. The applicant is planning on leasing the building for three years and will be doing significant landscaping improvements. Staff discussed the pending 820 Expansion project with the applicant and the future ROW has been indicated as best as possible on the site plan. On the right of way line that TXDOT has provided there appears to be a parkway so the landscaping could possibly shift back. Staff reviewed these factors to see how they would impact the building and parking if they are still there when that takes place. It appears they would not lose more than one or two parking spaces, some of the front portion might be taken and those things could be worked out with Service King and TXDOT. Regarding the landscaping and structure, there will be some enhancements to the facade of the building and updating the paint scheme to match what they want to do as opposed to Service King. The overhead doors for service bays are on the rear of the facility and part of the discussion between Staff and the applicant indicate that all the work would take place inside the building which would reduce or eliminate surrounding neighborhood complaints of storage or noise. Mr. Wilhite stated if there were to be complaints of that sort, we would have to come in and revisit the SUP or do some type of screening from the public right of way if vehicles to be serviced were stored outside. Eric Wilhite stated that Staff did not receive any negative comments or concerns form the neighboring business owner or residence. Staff believes the adjacent business would be supportive, as Mr. Leitner stated, of the applicants going in to that location creating visibility and more activity in that area. Staff is in support of the SUP request. Jared Pugh, 2015 McGregor, Wichita Falls, TX came forward thanking the Commission for hearing the case and said they are excited to work with North Richland Hills. Chairman Shiflet asked if there was anyone else wishing to speak for or against the case, there being none he closed the Public Hearing at 7:10 p.m. APPROVED Bill Schopper motioned to approve SUP 2009-04, seconded by Don Bowen. The motion was carried unanimously (4-0). CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 7-13-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2009-022 Award a Professional Services Agreement to Hamilton Duffy, P.C. in the amount of $66,500 for the Yarmouth Avenue Street Improvements Project. This Capital Improvements Project is identified as the "Yarmouth Avenue (Mid-Cities Blvd. to Newcastle PI.)" Project in the Capital Projects Budget (Project No. ST0910). This project will consist of the engineering design of Yarmouth Avenue from Mid-Cities Boulevard to Newcastle Place. The project's design will include reconstructing the existing 31-feet wide asphalt roadway with concrete pavement. The roadway design will include concrete sidewalks on both sides of the street and the appropriate drainage improvements to ensure the existing storm drain system is in compliance with the Public Works Design Manual. Staff followed the City's policy for procuring professional services for the design of this project. Requests for Qualifications were initially sent to 52 local engineering firms; 45 firms responded by submitting Statements of Qualifications ("SOQs") to the City. Five (5) North Richland Hills' staff members (Public Works Engineer Associate, Parks & Recreation Superintendent, Economic Development Marketing & Research Coordinator, Facilities & Construction Project Manager and Information Services Network Services System Administrator) comprised the selection committee. The selection committee reviewed the 16 most qualified SOQs for this type of project and selected the top five (5) firms based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top five firms chosen by the committee were: Binkley Barfield, Brockett Davis & Drake, Hamilton Duffy, Pate Engineers and Weir & Associates. After each of these firms provided presentations to the committee, Binkley Barfield was chosen as the top firm for the Yarmouth Avenue Street Improvements Project. Staff began discussions with Binkley Barfield to negotiate a fee and reasonable scope for the project; however, we were unable to come to mutually agreeable terms. Staff ended negotiations with Binkley Barfield and contacted Hamilton Duffy, which was the committee's next recommendation. Hamilton Duffy, P.C. was established as a consulting civil engineering firm in 2002. They provide a wide range of municipal services which include street design, water and sanitary sewer systems, storm drainage system design and erosion control system design (SWPPP's). Using state of the art computer equipment, Hamilton Duffy provides its clients with high quality consulting engineering services. They recognize that the design process affects the total construction cost of each and every project, so they communicate frequently with clients to meet project deadlines and ensure a quality and cost-effective project. Located in the City of North Richland Hills since 2007, Hamilton Duffy looks forward to developing a long lasting relationship with the City beginning with this project. . The engineering agreement outlines the scope of work in Exhibits B & C. Listed below are the key items within the scope of work: • Project limits are from Mid-Cities Boulevard to New Castle Place • All necessary design and survey components for roadway and sidewalk improvements in addition to analyzing the existing drainage system to ensure compliance with Public Works Design Manual. • Sanitary Sewer design. • Design of a traffic control plan. • Permit for Texas Department of Licensing and Review (TDLR) required for accessibility compliance. • Provide up to two (2) easement documents for this project. The engineering agreement indicates a detailed schedule for this work as follows: Activity Pre-Scope Meeting Complete Preliminary Plans Identify Necessary Easements/ROW Complete Final Plans Advertise for Construction Bids Open Construction Bids Construction Due Date July 15, 2009 August 31, 2009 August 31, 2009 September 30, 2009 October, 2009 October, 2009 November, 2009 -March, 2010 The Public Works Department negotiated a design fee of $66,500. This design fee consists of a base design fee and a fee for special services (surveying and easement parcels). Shown below is a breakdown of this design fee: Base Design Fee $ 56,000 Special Services 10,500 Total Design Fee $ 66,500 The total amount of the professional services agreement for this project is $66,500. There is sufficient funding for these design services in the 2008-2009 Capital Projects Budget. Recommendation: Approve the professional services agreement with Hamilton Duffy, P.C. in the amount of $66,500 for the Yarmouth Avenue Street Improvements Project (Mid-Cities Blvd. to Newcastle PI.) and authorize the City Manager to execute such agreement. Yarmouth Avenue Mid Cities Blvd to Newcastle Place' Project Locator Map AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HAMILTON DUFFY, P.C. 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 J. Cunningham, its duly authorized City Manager (hereinafter called "CITY"), and Hamilton Duffy, P.C., a Texas corporation, acting by and through Keith Hamilton, P.E.; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Yarmouth Avenue Improvements. 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 Yarmouth Avenue from Mid-Cities Boulevard to Newcastle Place in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. 111. 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 Sixty-Six Thousand Five Hundred Dollars ($66,500.00) 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 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 prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees as provided by Section 271.159, Texas Local Government Code. 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: Hamilton Duffy, P.C. Attn: Keith Hamilton, P.E. 8241 Mid-Cities Blvd., #100 North Richland Hills, Texas 76180 If to CITY: City of North Richland Hills Attn: Caroline Waggoner, P.E. Public Works Department 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. A~gnment. 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. I. Conflict of Interest and Covenant regarding work on Projects requiring City Review. By signature of this Agreement, ENGINEER warrants to CITY that it will not, during the time it is working on the PROJECT, perform any work for any other client on any project which requires City review or approval and 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 owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of , 20 CITY OF NORTH RICHLAND HILLS Hamilton Duffy, P.C. (CITY) (ENGINEER) By: By: Larry J. Cunningham, City Manager Date: ATTEST: City Secretary Keith Hamilton, P.E., Principal Date: ATTEST: Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CI TY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR YARMOUTH AVENUE IMPROVEMENTS (Mid-Cities Boulevard to Newcastle Place) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Pre-Scope Meeting Complete Preliminary Plans Identify Necessary Easements/ROW Complete Final Plans Advertise for Construction Bids Open Construction Bids Due Date July 15, 2009 August 31, 2009 August 31, 2009 September 30, 2009 October, 2009 October, 2009 Construction November, 2009 -March, 2010 EXHIBIT B BASIC ENGINEERING SERVICES FOR YARMOUTH AVENUE IMPROVEMENTS (Mid-Cities Boulevard to Newcastle Place) The scope of work for BASIC Engineering Services involves Preliminary Design, Project Plans, Specifications and Estimates on Roadways and Storm Drainage. 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. 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. B. 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. The ENGINEER will make every effort to obtain As-Built Drawings, Record Drawings and franchise utility locations that may affect the design of the facility. 3. The ENGINEER will identify potential utility conflicts and provide this information to CITY. II. PRELIMINARY DESIGN PHASE A. Roadway Design 1. The ENGINEER will develop a preliminary design of proposed roadway improvements. The preliminary design will include the proposed horizontal and vertical alignments. These plan sheets will be at a 1" = 20' scale and 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' 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' intervals and will extend 20' beyond the existing back of curb. These cross-sections will be used to evaluate and verify that the road is acceptably located relative to the existing adjacent properties. Cross-sections will not be included in the plans. B. Other Roadway Design Elements 1. A Project Title Sheet will be prepared as required and included in the Plans. 2. CITY standard typical detail for residential street shall be used for the basis of design. 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. Storm Sewer Design 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. 4. Miscellaneous Drainage Details Miscellaneous drainage details will be prepared for any drainage related items which are not covered by City standard details. 5. Sanitary Sewer Design The Engineer will provide a design to replace the sanitary sewer mainline within the project limits. Plan and profile sheets will be prepared at 1 "=20' horizontal and 1 "=4' vertical. Sanitary sewer service details will be included in the design. Locations of sanitary sewer services will be by field determination during topographic survey, if visible. Engineer will endeavor to locate services or notate plans for field location during construction. City standard details will be utilized at the direction of the City. 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. 2. Submit one (1) opinion of cost based on preliminary plans. 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. Incorporate Erosion Control, Traffic Control, General Notes and Details into the final plan set. 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. 5. Prepare a Storm Water Pollution Prevention Plan in conformance with current Texas Commission of Environmental Quality's Texas Pollution Discharge Permit #150000. 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. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. 3. Submit one (1) final SWPPP. E. Submit Plans for TDLR approval. The ENGINEER will engage the services of a state approved Registered Accessibility Specialist (RAS) code review for sidewalks and ramps for the entire project. ENGINEER will address any issues raised by TDLR. IV. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. 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. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. ENGINEER shall distribute plans and contract bid books to contractors at a reasonable cost during bidding and maintain the official planholder's list. The planholder's list shall be used to distribute addenda, if necessary. 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. F. 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. G. 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. H. 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. I. 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) sets of Record Drawings and one CD-ROM (pdf and dwg format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR YARMOUTH AVENUE IMPROVEMENTS (Mid-Cities Boulevard to Newcastle Place) 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. ENGINEER will establish at least three (3) project control points/benchmarks on or near the site. 2. Benchmark Loop A benchmark circuit 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 will be located at about 1,000' intervals and will be referenced. 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' intervals and to a point at least 20' behind the back of curb. Low points, high points, driveways 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' 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' 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. Thy Surveyor will exercise care in completing this surveying assignment by using traffic control devices, flags and safety equipment when necessary. B. Easement/Right-of-Way Documents 1. Easement/Right-of-Way instruments shall be prepared in CITY approved format(s) 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. Instruments can be prepared for a fee of $600.00 per document. Two (2) metes and bounds and sketch exhibits are included in special engineering services. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR YARMOUTH AVENUE IMPROVEMENTS (Mid-Cities Boulevard to Newcastle Place) I. ADDITIOI`~AL 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 two (2) easements included in special engineering services. 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 following rates: Staff Member and Resident Project Representative -Salary Cost Times Multiplier of 1.15. Salary Cost is defined as the cost of payroll of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to the PROJECT, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR YARMOUTH AVENUE IMPROVEMENTS (Mid-Cities Boulevard to Newcastle Place) 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 YARMOUTH AVENUE IMPROVEMENTS (Mid-Cities Boulevard to Newcastle Place) 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 $56,000.00. The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total Basic Engineering Services Charge. 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: Lump Sum Fee of $ 9,300.00 Easements: 2 parcels at $600.00 per parcel = $1,200.00 Direct Costs (Printing, Reproduction, etc.) Xerox Copies: $0.10/Page Blueline Prints: $1.50/Sheet Plots (Bond or Velum): $10.00/Each 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: For all of ENGINEER's personnel time applied to the Additional Engineering Services, Salary Cost times a multiplier of 1.15. For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. 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 YARMOUTH AVENUE IMPROVEMENTS (Mid-Cities Boulevard to Newcastle Place) [Conflict of Interest Questionnaire is on the following 2 pages.] CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ 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. 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. 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. ESTIONNAIRE FORM C CONFLICT OF INTEREST QU 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. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date Adopted 01 /13/2006 CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 7-13-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.2 Subject: PW 2009-023 Award a Professional Services Agreement to Brown & Gay Engineers, Inc. in the amount of $84,405 for the Cloyce Court Street Improvements Project This Capital Improvements Project is identified as the "Cloyce Court (Northeast Loop 820 to Maplewood Ave)" project in the Capital Projects Budget (Project No. ST0902). This project will consist of the engineering design of Cloyce Court from Northeast Loop 820 to Maplewood Avenue. The project's design will include reconstructing the existing 40 feet wide asphalt roadway with concrete pavement. The roadway design will include concrete sidewalks on both sides of the street and the appropriate drainage improvements to ensure the existing storm drain system is in compliance with the Public Works Design Manual. Staff followed the City's policy for procuring professional services for the design of this project. Requests for Qualifications were initially sent to 52 local engineering firms; 45 firms responded by submitting Statements of Qualifications ("SOQs") to the City. Five (5) North Richland Hills' staff members (Public Works Engineer Associate, Parks & Recreation Superintendent, Economic Development Marketing & Research Coordinator, Facilities & Construction Project Manager and Information Services Network Services System Administrator) comprised the selection committee. The selection committee reviewed the 16 most qualified SOQs for this size and type of project and selected the top five (5) firms based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top five (5) firms chosen by the committee to interview were: Brockett Davis & Drake, Brown & Gay Engineers, Bucher Willis and Ratliff Corporation, James DeOtte Engineering and Weir & Associates. After each of these firms provided presentations to the committee, Brown & Gay Engineers, Inc. was unanimously chosen as the top firm for the Cloyce Court Street Improvements Project. Brown & Gay Engineers (BGE) is a privately owned corporation, promoting an atmosphere of shared leadership and commitment to the future. In business for more than 30 years, BGE has upheld its commitment to providing excellent client service by building and maintaining a qualified team of professionals to ensure that our clients' needs are met with the most cost-effective solutions. BGE welcomes this opportunity to work with the City of North Richland Hills and are committed to developing design solutions that best serve the City and the citizens that we represent. With five (5) offices and ~4 licensed Professional Engineers on staff throughout Texas, BGE has substantial resources to be responsive to our needs on this project. The engineering agreement outlines the scope of work in Exhibits B, C & D. Listed below are the key items within the scope of work: • Project limits are from Loop 820 to Maplewood Ave • All necessary design and survey components for roadway and sidewalk improvements in addition to analyzing the existing drainage system to ensure compliance with Public Works Design Manual. • Design of a traffic control plan. • Design of a storm water pollution prevention plan. • Permit for Texas Department of Licensing and Review (TDLR) required for accessibility compliance. • Permit for Texas Department of Transportation (TxDOT) to tie into the Loop 820 access road. • Water and Sewer design as authorized by City. • Geotechnical Engineering for pavement design as authorized by City. The engineering agreement indicates a detailed schedule for this work as follows: Activity Council Approval of Agreement Pre-Scope Meeting Complete Preliminary Plans Identify Necessary Easements/ROW Complete Final Plans Advertise for Construction Bids Open Construction Bids Begin Construction Due Date July 13, 2009 July 20, 2009 August 31, 2009 August 31, 2009 September 29, 2009 October 2009 December 2009 February 2010 The Public Works Department negotiated a design fee of $84,405. This design fee consists of a base design fee, a fee for special services (surveying, traffic control, storm water pollution prevention plan and TDLR permitting) and an additional services fee (water and sewer design, geotechnical engineer, and TxDOT permitting). Shown below is a breakdown of this design fee: Base Design Fee $ 34,560 Special Services $ 19,485 Additional Services $ 30,360 Total Design Fee $ 84,405 The total amount of the professional services agreement for this project is $84,405. There is sufficient funding for these design services in the 2008-2009 Capital Projects Budget. Recommendation: Approve the professional services agreement with Brown & Gay Engineers, Inc. in the amount of $84,405 for the Cloyce Court Street Improvements Project (Northeast Loop 820 to Maplewood Avenue) and authorize the City Manager to execute such agreement. Cloyce Ct (NE Loop 820 to Maplewood Ave)00 Project Locator Map AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND Brown & Gay Engineers, 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 Brown & Gay Engineers, Inc., a Texas corporation, acting by and through James E. Brown, Jr.; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Cloyce' Court Street Reconstruction Project. 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 Cloyce Court between Loop 820 and Maplewood Avenue 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 Eighty-Four Thousand Four Hundred Five Dollars and zero cents ($84,405). 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. XVI1. 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 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 prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees as provided by Section 271.159, Texas Local Government Code. 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: Brown & Gay Engineers, Inc. Attn: James E. Brown, Jr. .108 W. 8th Street Suite 100 Fort Worth, TX 76102 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~ nq 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. I. 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 owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in triplicate (3) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of , 20 CITY OF NORTH RICHLAND HILLS (CITY) By: _ Date: Brown & Gay Engineers, Inc. (ENGINEER) By: Larry Cunningham, City Manager James E. Brown, Jr., Vice President ATTEST: City Secretary ATTEST: Date: Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CI TY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR Cloyce Court (Loop 820 to Maplewood Avenue) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Pre-Scope Meeting Complete Preliminary Plans Identify Necessary Easements/ROW Complete Final Plans Advertise for Construction Bids Open Construction Bids Due Date July 20, 2009 August 31, 2009 August 31, 2009 September 29, 2009 October 2009 1St Week of December Begin Construction Beginning of February 2010 EXHIBIT B BASIC ENGINEERING SERVICES FOR Cloyce Court (Loop 820 to Maplewood Avenue) The scope of work for BASIC Engineering Services involves Preliminary Design, Project Plans, Specifications and Estimates on Roadways and Storm Drainage. 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. 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. 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. PRELIMINARY DESIGN PHASE A. Roadway Design 1. The ENGINEER will develop a preliminary design of proposed roadway improvements. The preliminary design will include the proposed horizontal and vertical alignments. These plan sheets will be at a 1" = 20' scale and 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' 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' intervals and will extend 20' 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. 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. Storm Sewer Design 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 prole 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 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. 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. 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 specifications will also be prepared. contract documents in digital format. for the PROJECT. Any special The CITY will provide a copy of their 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. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. IV. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. 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. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. 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. F. 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. G. 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. H. 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. 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) sets of Record Drawings and one CD-ROM (pdf format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR Cloyce Court (Loop 820 to Maplewood Avenue) 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" iron rods, 18" long. These control points will be established using GPS and conventional surveying methods. 2. Benchmark Loop A benchmark circuit 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 will be located at about 1,000' intervals and will be referenced. 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' intervals and to a point at least 20' 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' 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' 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. II. Traffic Control Plan and Construction Sequencing A. Develop Traffic Control Plans and Construction Sequencing to maintain safe work zones and maintain access to the existing businesses along project limits. Traffic control designs shall follow guidelines set by the Texas Department of Transportation and the Manual on Uniform Traffic Control Devices (MUTCD). 1. Traffic Control Plans Develop plans for up to three (3) traffic control phases including construction sequencing notes for implementation and one (1) Workzone Layout Sheet. III. Storm Water Pollution Prevention Plan A. Develop Storm Water Prevention Plan for the affected construction area. 1. Storm Water Pollution Plan Narrative and Details Develop one (1) plan sheet containing Storm Water Pollution Plan Narrative including details. 2. Develop two (2) plan sheets containing the Storm Water Pollution Plan Sheets identifying erosion control measures to be utilized during each phase of construction. IV. TDLR Permit A. Texas~Accessibility Standards Review of Construction Plans 1. Review by Registered Accessibility Specialists of all documents in accordance with the rules of the Texas Department of Licensing and Regulation. B. Texas Accessibility Standards Inspection of Construction 1. Provide final inspection within one year of completion to ensure the requirements of the Texas Accessibility Standards have been met. C. Texas Department of Licensing and Regulation Permit Filing 1. File project with Texas Department of Licensing and Regulation. V. Public Involvement A. Attend and/or present at one (1) Public Meeting prior to construction. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR Cloyce Court (Loop 820 to Maplewood Avenue) 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. 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 following rates: Staff Member and Resident Project Representative -Salary Cost Times Multiplier of 1.15. Salary Cost is defined as the cost of payroll of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to the PROJECT, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. V. Water Design A. PRELIMINARY DESIGN PHASE 1. The ENGINEER will develop a preliminary design of proposed water improvements. The preliminary design will include the proposed horizontal and vertical alignments. These plan sheets will be at a 1" = 40' scale and contain topographic information. Preliminary project plans and profile sheets on 22" x 34" sheets which show the following: Proposed water plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, related appurtenances and all pertinent information needed to construct the project. In addition, the ENGINEER shall visit the project site and obtain the sizes of all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. The information shall be shown on the plan sheets. 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. Other Utility Design Elements a. Horizontal and vertical control and horizontal curve data will be shown on the plans. b. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City to determine if any future improvements are planned that may impact the project. c. The ENGINEER shall make provisions for reconnecting all identifiable water service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water main or line is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. d. The ENGINEER will prepare standard and special detail sheets for water line installation or replacement. 2. Quantities and Cost Estimate a. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. b. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. 3. Submit Preliminary Plans for Review a. Submit two (2) sets of preliminary plans for CITY review. b. Submit plans to utility companies for review. B. FINAL DESIGN PHASE 1. Prepare Final Design Plans a. Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. 2. Calculate Final Quantities and Cost Estimates a. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. 3. Prepare Contract Documents and Specifications a. Compile special provisions necessary for the Water Design. b. Compile specifications necessary for the Water Design. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. c. Compile and develop a list of general notes necessary for the Water Design. d. Prepare complete contract documents and specifications for bidding purposes. 4. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two (2) sets of final bid documents for CITY review and approval. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. C. CONSTRUCTION PHASE Construction Phase Services for Water Design shall be consistent with the construction services for roadway design outlined in Exhibit 4, Basic Engineering Services for Cloyce Court (Loop 820 to Maplewood Avenue), Section IV. Construction Phase. VI. Sanitary Sewer Design A. PRELIMINARY DESIGN PHASE 1. The ENGINEER will develop a preliminary design of proposed sanitary sewer improvements. For sewer lines, pipelines schedule for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey. Conflicts shall be resolved where pipelines are to be rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. Where open-cut and trenchless technology construction is anticipated, below and above ground utilities will be located and shown on the base sheets. 2. The design for sewer service line reroute/relocation will be provided if the flow line elevation of the sewer service can be determined from the cleanout location. 3. Other Utility Design Elements a. Horizontal and vertical control and horizontal curve data will be shown on the plans. b. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the to determine if any future improvements are planned that may impact the project. c. The ENGINEER shall make provisions for reconnecting all identifiable wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right- of-way or utility easement. When the existing alignment of a sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. d. The ENGINEER will prepare standard and special detail sheets for sewer rehabilitation or replacement. 4. Quantities and Cost Estimate a. .PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. b. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. 5. Submit Preliminary Plans for Review a..Submit two (2) sets of preliminary plans for CITY review. b. Submit plans to utility companies for review. B. FINAL DESIGN PHASE 1. Prepare Final Design Plans a. Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. 2. Calculate Final Quantities and Cost Estimates a. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. 3. Prepare Contract Documents and Specifications a. Compile special provisions necessary for the Sanitary Sewer Design. b. Compile specifications necessary for the Sanitary Sewer Design. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. c. Compile and develop a list of general notes necessary for the Sanitary Sewer Design. d. Prepare complete contract documents and specifications for bidding purposes. 4. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two (2) sets of final bid documents for CITY review and approval. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. C. CONSTRUCTION PHASE Construction Phase Services for Sanitary Sewer Design shall be consistent with the construction services for roadway design outlined in Exhibit 4, Basic Engineering Services for Cloyce Court (Loop 820 to Maplewood Avenue), Section IV. Construction Phase. VI. Geotechnical Investigation and Pavement Design A. SUBSURFACE EXPLORATION Experienced drillers and technicians will evaluate subsurface conditions with a total of 3 sample borings to depths of 12 feet below existing grades. The field personnel will drill the borings using truck-mounted equipment. Cohesive and non-cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. The boring locations using will be staked using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. At the completion of drilling operations, boreholes will be backfilled with drill cuttings and plugged at the surface with asphalt. B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: 1. moisture content and soil identification 2. liquid and plastic limit determinations 3. unconfined compression tests on soil 4. unit weight determinations 5. Eades and Grim lime series tests 6. Soluble sulfate concentration The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide three copies of the report. The report will address: 1. general soil and ground-water conditions 2. recommendations for pavement subgrade type, depth and concentration 3. guidelines for pavement design 4. an evaluation of the swell characteristics of the subgrade soils 5. earthwork recommendations D. GEOTECHNICAL INVESTIGATION AND PAVEMENT DESIGN ADDITIONAL SERVICES Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services under separate agreement. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR Cloyce Court (Loop 820 to Maplewood Avenue) 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 Cloyce Court (Loop 820 to Maplewood Avenue) 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 $34,560.00. The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due iri 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: Lump Sum Fee of $ 7,000 Traffic Control and Construction Sequencing: Lump Sum Fee of $ 7,380 Storm Water Pollution Prevention Plan: Lump Sum Fee of $ 4,000 TDLR Permit (services provided by Accessology, Inc.) Review Fee: Lump Sum Fee of $ 455 Inspection Fee: Lump Sum Fee of $ 475 Filing Fee : Lump Sum Fee of $ 175 Direct Costs (Printing, Reproduction, etc.) Xerox Copies: $0.10/Page Blueline Prints: $1.00/Sheet Plots (Bond or Velum): $10.00/Each Easement Documents: None Right-of-Way Documents: None 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: Water Design (as directed by the City): Lump Sum Fee of $ 11,880 Sanitary Sewer Design (as directed by the City): Lump Sum Fee of $ 10,080 Geotechnical Investigation and Pavement D esign (as directed by the City): (provided by CMJ Engineering, Inc.) Subsurface Exploration: Lump Sum Fee of $ 1,680 Laboratory Services: Lump Sum Fee of $ 930 Engineering Services: Lump Sum Fee of $ 1,790 TxDOT Utility Permit as Required Not to Exceed Fee of $ 4,000 For all of ENGINEER's personnel time applied to the Additional Engineering Services, Salary Cost times a multiplier of 1.15. For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. 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 Cloyce Court (Loop 820 to Maplewood Avenue) [Conflict of Interest Questionnaire is on the following 2 pages.] CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local gover-~mental 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 7t" 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. James E. Brown, Jr., P.E., Vice President Brown & Gay Engineers, 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. NIA NFLICT OF INTEREST QUESTIONNAIRE FORM CIQ CO 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. E. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ^ YES ~ NO F. 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 D NO G. 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 H. Describe each affiliation or business relationship. 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 CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 7-13-2009 Presented by: John Pitstick Agenda No. F.1 Subject: GN 2009-048 Consider Amendment to Chapter 104 Gas Well Drilling and Production -Ordinance No. 3057 Staff continues to work with Chesapeake Energy to allow drilling and to provide safety and aesthetic protection for citizens and property owners. Chesapeake is currently the only gas well operator within North Richland Hills and has active operations on three sites (Graham, Morrow Stevens and Birdville). In addition Chesapeake has recently been approved for gas drilling on the Tarrant County College site. Initial drilling for the Graham and Morrow Stevens gas well sites were established prior to regulations being updated in 2007 that require a 150 feet "no build" easement from the outside boundary of the final production pad site (typically the masonry screening wall location). In both of these situations preliminary plats were approved for the land around the Graham and Morrow Stevens sites prior to the 2007 regulation changes. To further complicate matters Chesapeake planned to drill multiple wells at each of these gas well sites. Because of the regulation changes in 2007 and the fact that the adjacent property owners have development plans that would fall inside the 150 feet "no build" easement it is impossible for Chesapeake to obtain the necessary 150 feet "no build" easement from the adjacent property owners and it is impossible for the property owners to develop their property as originally preliminarily platted. In effect the 2007 gas ordinance regulations regarding the newly established 150 feet easement are prohibiting future building and development by private property owners at these two locations and gas well operators are prohibited from drilling new wells at these locations. The Gas Drilling Ordinance does allow the gas well operator to request waivers from these regulations. Recently, Chesapeake made a request to the Gas Board of Appeals to waive the 150 feet "no build" easement requirement in an effort to proceed with new gas drilling permits at the Morrow Stevens site. The waiver is being requested since the adjacent property owners would not grant the "no build" easements fearing that it would prohibit planned development. Instead of this issue coming up every time Chesapeake plans to drill another well at either of these two locations, staff believes it would be better for the Gas Board case to be postponed and allow staff time to meet with all parties and see is a resolution could be reached. Staff has had several conversations with gas well operators, private property owners and the City Attorney's Office. Staff is recommending revisions to the gas drilling ordinance to~ remove the requirement that prohibits future development outside the permanent masonry wall established as the final production pad site and exempt existing well sites established prior to August 5, 2008 which would include the Graham, Morrow Stevens and Birdville gas well sites. All new gas well sites would have to establish the 150 feet "no build" easement and gas well operators would be well aware of this requirement at the time the gas well sites were established. Specifically, staff is recommending that Section 104-6(j)(5) be repealed (shown as a "mark out" on all text being removed) and Section 104-6(0) be revised (shown as an underline for all text added) to not apply to gas drilling sites established prior to August 5, 2008. Below are the proposed changes to the regulations. Section 104-6(x)(5) Al~f.~ii~hc~+~„~Jir~n ~h° r~rwie~i~r~c+ ~f ~11ic cen*i~r~ .,°ui _ J'i~77T~07~Tr~r-SG GTrO ~ r. ''7 -~°~~ ~;~°. (Repealing this section) Section 104-6(0) Prior to the issuance of any permit, the operator shall obtain and furnish to the city a recordable easement from the owner of affected property as grantor to the city as grantee which prohibits residences, religious institutions, public buildings, retail or commercial buildings within 150 feet of the outside wall or other screening around the final productions gas well site. This subsection shall not aaaly to those sites where one or more gas drilling permits were chanted on or before August 5, 2008. (new section) Staff feels that these proposed changes will allow property owners to continue to develop their property while still allowing ongoing multiple gas wells at major well sites. All newly established well sites will be required to obtain upfront the 150 feet "no build" zone as part of the gas well site. Staff also feels that with the recently established "gas well vicinity notice" requirement for notifying all properties within 600 feet of a gas well will serve as adequate notice to all property owners that may be impacted by future drilling. Also the requirement for the 8 feet permanent masonry wall and landscaping around the final production pad site within 90 days of completion of the first well will serve as a safety and aesthetic barrier from any future development near the gas well site. Existing community standards will continue to be enforced including the 600 feet setback from any structures from a proposed gas well with Gas Board appeal down to 300 feet and property owner approval with Gas Board approval for all properties between 300 feet and 150 feet of any proposed gas well. Recommendation: To approve Ordinance No. 3057. ORDINANCE NO. 3057 AN ORDINANCE AMENDING SECTION 104-6 OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES, BY REPEALING SECTION 104.6(1)(5) RESTRICTING THE USE OF LAND WITHIN 150 FEET OF OUTSIDE FENCES OR BOUNDARIES OF EXISTING GAS WELL PRODUCTION SITES AND AMENDING SECTION 104.6(0) LIMITING THE REQUIREMENT FOR EASEMENTS TO BE OBTAINED AS A CONDITION OF GAS WELL PERMITS TO THOSE SITES WHERE A PERMIT WAS GRANTED ON OR BEFORE AUGUST 5, 2008; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a Home Rule Municipality located in Tarrant County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and its home rule charter; and WHEREAS, the City Council of North Richland Hills, Texas deems it prudent to repeal its prohibition against the construction of buildings within 150 feet of outside fences and boundaries of gas well sites and to exclude from the requirement that 150 foot easements be obtained adjacent to outside walls or screening of well sites as a condition of permits for drilling and of gas within the corporate limits of the City of North Richland Hills, for those sites where gas drilling permits were granted prior to August 5, 2008; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. THAT, Section 104-6 of the City of North Richland Hills Code of General Ordinances is hereby amended by repealing subsection (j)(5) and .amending subsection(o) to read as follows: "Section 104-6. Gas Well Permit Requirements (o) Prior to the issuance of any permit, the operator shall, except for public institutions which provide a resolution committing not to construct any building within 150 feet of any outside wall or other screening around the final production gas well site, provide a recordable easement from the owner of affected property as grantor to the city as grantee which prohibits residences, religious institutions, retail or commercial buildings within 150 feet from the of the outside wall or other screening around the final production gas well site. This subsection shall not apply to those sites where one or more gas drilling permits were granted on or before August 5, 2008. Section 2. Violation of this ordinance shall be punished by a fine of not more than five hundred dollars ($500.00) per violation per day, subject to applicable state law. Each day that a violation exists shall constitute a separate offense. Section 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal 'or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. Section 4. This Ordinance shall take effect immediately from and after its passage. Section 5. The City Secretary is hereby authorized and directed to cause the .descriptive caption and Section 2 hereof to be published. PASSED, APPROVED AND ADOPTED by the City Council of the City of North Richland Hills, Texas, on this the 13th day of July, 2009. 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 •~ J ;C+JJ ~YJ3 0 oe r W 1- s i Legend •. ctpa •'••aoce ~a~ao 19 •a1N• ~'• ~ I ,',; Little Bear Creek '"`~'-` Well Site ~ {proposed) -,_ >b C" re5 ~n 3Clgnrr`g G:~ ~. ~~ buffers e; !nave ~-at~a^s .. -'` : `--;' ' ~zx - - . V C,as weN ales shovm with 6000 tt ~ r ~` / ` . ppteMit31 reach with horizontal tlriN ~ ~ ~ ~ i • ~ Gas wet sites (proposed) shovm with 60001t - `- potential reach with horizontal drNl yep ._.. .,,. _ 150 R 'No 8utlff butler around •,~ F ~~ . •• ~ , +f ~~ ,~ gaa vmd pad odes - _ p `'+~ ~ Special Use Permit (SUP! ~ ~~`'~"' ,. - ., L~ '~ • °~ •i (Requires Planning 6 Zoning Comnwssion renew and City Council appravaq .~ - ' 150 k from structuroa and ROVk inckisive ~'. 4 3 ••• ~` RU~MSi[LO Ap • ) (NegasweNsadovxM) .~*.~+' y,h~ .. i •,. •+~-'-`' ~ ~ e~ r ~ ~'<+--- tso - 300 tt tram structures ~ ±~-~-°-~ ~+ Morrow Stevens ~ i (Requires Gas Boats and surroundkKl ~ ~ ~ _,;a - We) ( Site ~ ~' property owner approveq ~ d ~}~ .... `tf• 300.800 N from atnrctures , , (Requires Gas Boarc! apprwaf) ~p , s~ 600 tt from structures v & ~ 1 (Requires cdy stall revievu b approva0 yraryrdrvea pa ~ : _' ? X11 v Right-al-vray tROWI A ~. k~ ; ry ' ~ / - ~ ~.' .. Brrddrregs wyy .,,r~ r : t 3 Pfoperty tple5 Mi 17^ ~ ~ d ---- CityMmts Graham Well Site ~~• - cruerwrrro ~ tt ~--. ;: i' ~Naf - ~ ' ~ -].- i = ,~~ LL~. _ ~~. , ~ ~ ` ~ -_ -, ~M '~t~ :r .' ~' ,; . , r~r M- ~- - ,~,..,~ .... ~~ ~~ ~; '. r-': E~r'~~~ YO TCC (HURST) :+ ~` ^ ~-~ ~t+a 4J~ ..~ ;' Well Site ~I ~ ' ; ` -~ . s '~ (proposed) ~~~~ ~ L ~ ~' . Tarrant County _ - ~ra;<H~« 'wov""~.,v 7 ",~ ~ `= ~, ~ College ~:: - ~ a ~' Well Site k _ ~. .., .~ ,,,~ ,, a .. `~-.< _ ,,.J '~~ ~: ~.~. - (proposed) " .~ N 222 W .~. '~~s e ~: , d '~ m ~ $ ~_ NCH Existing & Proposed Gas Well Sites Ordinance X2945 and X2964 Adopted by City Council July 23, 2007 and November 12, 2007, respectively F ~~ „/-~ ~r,~. ~'" ate, ~~: Y, ...~ Birdville well Site ~,a`. Graham Gas Well Site Morrow Stevens Gas Well Site Birdville Gas Well Site CITY OF NORTH R/CHLAND HILLS Department: Parks and Recreation Presented by: Bill Thornton Council Meeting Date: 7-13-2009 Agenda No. F.2 Subject: GN 2009-049 Approve Amendment #2 to the Local Project Advance Funding Agreement with TxDOT for the Construction of the North Hills Multi-Use Trail The Boulevard 26 Trail project (formally the North Hills Multi-Use Trail) is an approved Intermodal Surface Transportation Enhancement (ISTEA) grant project providing for the design and construction of a 10-feet wide multi-use trail along the drainage corridor between the former mall and North Hills Hospital. The Local Project Advance Funding Agreement (LPAFA) between the City and TxDOT was executed on December 9, 1996. The construction plans are 100% complete and have been submitted to the TxDOT for final review and approval. This project, originally funded through the ISTEA program, has recently been approved for funding from the American Recovery and Reinvestment Act of 2009 (ARRA). In order to allow the use of ARRA funds, an amendment to the current LPAFA with TxDOT is necessary. The amendment recognizes an ARRA requirement which allows the U.S. Comptroller General and its representatives the authority to examine any records or interview any employee of the contractor, their subcontractors or the State or local agency. The ARRA also requires that the contractor and subcontractors report monthly employment information. TxDOT requires the execution of this amendment to the LPAFA prior to authorizing the City to issue bids for the construction of the trail. Once TxDOT approves the construction documents and all of the necessary easement documents for the trail are executed, bids will be issued for the construction of the project. Recommendation: To approve Amendment #2 to the Local Project Advance Funding Agreement with TxDOT authorizing funding under the American Recovery and Reinvestment Act of 2009 for the construction of the North Hills Multi-Use Hike and Bike Trail. Texas Deparfinenf~ of Trar~spor~at~o~r P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 • (8i 7) 370-6500 June 3, 2009 Advance Funding Agreement-Amendment #2 CSJ; 0902-48-338 North Hills Multi-Use Trail and Landscaping County: Tarrant Larry Cunningham City Manager City of North Richland Hills 7301 NE Loop 820 N Richland Hills, TX 76182 Dear Mr. Cunningham: CONTACT: DD:CM Attached are two (2} originals of the Local Project Advance Funding Agreement Amendment #2 between the City of North Richland Hills and the State far the above project. An amendment was required for this project since it now involves the expenditure of funds from the American Recovery and Reinvestment Act of 2009 (ARRA). The statements cover Section 902 (gives the U.S. Comptroller General authority} and Section 1515 (gives the Inspector General authority}. Please execute both originals and return them to the Fort Worth Distract. If additional information is required, please contact Rose Rodriguez at 817!370-6804. Sincerely, /~ ~/,' ..... f. '~ William C. Riley, PE ~.~ Director of Transportation Planning and Development enclosures TFIE TEXAS PLAN REDUCE GONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS C57 #0902-48-338 District # 02-Fort Worth Code Chart 64 #3050 Project: North Hills Multi-Use Trail and Landscapun~ CFDA # 20.205 STATE OF TEXAS COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT #2 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and Citv of North Richland Hills, acting by and through its duty authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, the State and the Lvcal Govemment executed a contract on December 9 of 1996 to effectuate their agreement to North Wills Multi-Use Trail and Landscaping; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items Article 21, Inspection of Books and Records is amended by adding the required language for the American Recovery and Reinvestment Act of 2009. In accordance with Section 902 of the American Recovery and Reinvestment Act of 2009 (ARRA), should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(x) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the Contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515{b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The Act (The American Reinvestment and Recovery Act or ARRA) requires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds far contract termination. AFA-AFA Amend Page 1 of 2 Revised 10123/08 Farm FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration {FHWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG {Local Government). It is the responsibility of the LG to obtain this farm from the prime Contractor and any subcantractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcantractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have autharlty to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. Ali other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT Name of Local Government By: Signature Printed Name Title Date 13y: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authori2ed by the Texas Transportation Commission. Name Title Date AFA-AFA_Amend Page 2 of 2 Revised 10/23/08 CITY OF NORTH R/CHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 7-13-2009 Agenda No. F.3 Subject: GN ,2009-050 Youth Advisory Committee End of Year Report In accordance with the Youth Advisory Committee's By-Laws, the committee shall submit ayear-end report to the City Council on the status of its activities for the year. The year-end report of the Youth Advisory Committee (YAC) as submitted by Olivia Sandoval, Outgoing Chair of the Youth Advisory Committee, is attached for your review. Olivia Sandoval will be in attendance to present the report to the City Council. Recommendation: Accept the Youth Advisory Committee's year-end report to the City Council. Report of Youth Advisory Committee 2008-2009 To City Council of North Richland Hills The Youth Advisory Committee (YAC) has completed its eleventh year of successful accomplishments. It has worked well as a committee to achieve its goals and objectives for the 2008-2009 year. This year, the Youth Advisory Committee continued to work to become more involved with our local government. Several city representatives spoke to YAC about various city functions throughout the year. Jason Moore and Joe Pack discussed the process behind the Grand Avenue Park Plaza design. Mark Mills explained the City's budget and why the City has a capital improvement program. Mary Peters talked about media relations and received feedback on popular social media sites. Rick Drake answered questions about the Police Department. Eric Wilhite discussed the proposed Transit Orientated Development districts. Chris Swartz and YAC talked about the popularity of beach volleyball. Heather Hollinsworth informed YAC about Teen Court. And, members of YAC got to tour Fire Station #4. YAC members also volunteered at Hoot `N Howl and Night of Holiday Magic this fall, and Easter in the Park and Sounds of Spring during the spring semester. Volunteering at community events has become a tradition for the Youth Advisory Committee. Overall, the Youth Advisory Committee feels that the 2008-2009 year has been another great year and looks forward to success in the coming years. CITY OF NORTH R/CHLAND HILLS Department: Information Services Presented by.: LKoonce/KSpooner Council Meeting Date: 7-13-2009 Agenda No. F.4 Subject: PU 2009-026 Authorize the Purchase of Replacement Cisco Network and Telephone Equipment from Qwest Communications in the Amount of $693,042.80. In the approved 2008-2009 capital projects budget, funds were appropriated to replace the existing network (6 years old) and telephone equipment (10 years old) with modern Cisco network and IP telephone equipment. Both systems have exceeded the vendors end of life process and the City is currently having to rely on refurbished parts or parts purchased through a private party that have no warranties or guarantees. At the January 14, 2008 City Council meeting, Council approved Cisco Systems as the City's standard network and telephone equipment with the purchase of equipment for the Library. This continued City Council's goal of standardizing technology solutions. The equipment purchased for the Library set the foundation for the remaining 20 City sites' equipment to be replaced. The City will realize several significant advantages with the implementation of Cisco's network and telephone equipment in all facilities. First and foremost, we will reduce the budgeted maintenance costs of the systems by an estimated $40,000 annually for the first three years the system is in use for an estimated savings of $120,000. Additionally, we will realize savings on all future wiring projects, such as the new Recreation Center, due to the use of a single network connection for the telephone and computer network devices where currently we use one network connection per device. We will also see savings in training costs because training is readily available in the DFW area. Training on our current network system is available only out of state, if at all. In addition to dollar savings to be achieved by replacement of the network and phone systems, we would realize improved stability and reliability for the backbone of the majority of the City computer systems. Currently stability and reliability are an issue due to availability of parts and the age of the equipment in use. Finally, there are many additions in functionality on both the computing and telephone desktop systems allowing them to better manage time and customer service. In January 2009, Information Services staff began working with Cisco engineers to define the equipment needed to accomplish the complete replacement of the City's current netwflrk, telephone and voicemail systems. This design phase included complete inventories of all facilities currently on the City's network and the two Senior Centers which are not currently on the network. The design phase resulted in a very detailed list of equipment and services for vendors to bid. Staff solicited five (5) Cisco Certified Resellers that participate in the State of Texas Department of Information Resource (DIR) cooperative purchasing program. By participating in the DIR cooperative purchasing program the City meets all State competitive bidding requirements for this purchase. The City received four (4) offers from Calence, INX, Inc., Qwest Communications, and Flair Data Systems, Inc. AT&T chose not to provide an offer. Staff evaluated the offers and sent out Best and Final Offers to the two lowest offerings, Qwest and INX. They are as follows: INX, Inc. $757,635.92 Qwest Communications $693,042.80 If Council approves this purchase, materials will be ordered immediately and work should begin in four to six weeks. It is estimated the project should be complete early next fiscal year. Recommendation: Authorize the purchase of replacement Cisco network and telephone equipment from Qwest Communications in the amount of $693,042.80. Qwest -- ~,.:, ,. t~...r. 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FCC Cla 10 1320. 20,00 - 1'158. !2.560.0( Ptt(~ 3 of 3 CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-13-2009 Agenda No. F.5 Subject: GN 2009-052 Appointment to Substandard Building Board Place 1 Garry Cope has served on the City's Boards and Commissions for over 20 years. Since 1991 he has been serving on the Substandard Building Board, previously known as Building Code Board of Appeals. Mr. Cope's term of office on the Substandard Building Board expired June 30. Mr. Cope has expressed his desire to continue to serve on this Board and Councilman Lewis is recommending that he be reappointed to Place 1 for a two-year term. Recommendation: To reappoint Garry Cope to Place 1 on the Substandard Building Board, term expiring June 30, 2011. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-13-2009 Agenda No. F.6 Subject: GN 2009-043 Appointments to Animal Control Shelter Advisory Board -Places 1 and 3 The individuals serving in Places 1 and 3 on the Animal Control Shelter Advisory Committee terms of office expired June 30. The ordinance establishing the Committee states that the appointment to Place 1 shall be a licensed veterinarian and the appointment to Place 3 shall be an employee of the City's Animal Adoption and Rescue Center. Currently serving in Place 1 is Dr. Jed Ford, a licensed veterinarian, and serving in Place 3 is JoAnn Stout, the Director of Neighborhood Services. Both of these positions are two-year terms of office. Recommendation: To appoint Dr. Jed Ford to Place 1 and JoAnn Stout to Place 3, terms expiring June 30, 2011. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 7-13-2009 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: 7-13-2009 Agenda No. H.0 Subject: OTHER ITEMS CITY OF NORTH R/CHLAND HILLS Department: Economic Development Council Meeting Date: 7-13-2009 Presented by: Larry Koonce Agenda No. H.1 Subject: GN 2009-051 Authorize the City Manager to Execute a Contract for a Commercial Loan with Liberty Bank of North Richland Hills, Texas During the June 8t" executive session, staff presented several financing options for the purchase of .real property in the central section of the City. Staff recommended a commercial loan as the best alternative. City Council gave direction for management and staff to pursue a commercial loan in conjunction with the purchase of the property. As a result, the City requested quotes for a commercial loan from eight banks including American National Bank of Texas, Bank of America, Bank of Texas, Compass Bank, Frost Bank, J.P. Morgan Chase, Liberty Bank and Wells Fargo Bank. A five-year loan was requested with the ability to pay off early with no penalty. The City also requested the ability to expand the loan to an amount not to exceed two million dollars. The City also requested the alternative of placing a certificate of deposit with the selected institution to minimize initial cash outlay and lower net cost of borrowing. American National Bank of Texas and Liberty Bank submitted quotes based on the terms and conditions requested by the City. Both banks are located within the City limits of North Richland Hills. Liberty Bank. successfully negotiated the best contract for the City of North Richland Hills. Their offer includes afive-year fixed rate loan of 3.75% which is comparable to the tax-exempt certificate of obligation market at this time. They have offered the expandability and flexibility the City requires. They have ensured that the loan will be completed by the required closing date on the property of August 14th. Liberty Bank is a solid local bank with an outstanding reputation in our community. Recommendation: Authorize the City Manager to Execute a Contract for a Commercial Loan with Liberty Bank of North Richland Hills, Texas. Agenda Item H.1 - GN 2009-051 RESOLUTION N0.2009-024 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUTHORIZING THE EXECUTION OF DOCUMENTS REQUIRED FOR A LOAN TO THE CITY INCLUDING BUT NOT LIMITED TO A NOTE AND SECURITY AGREEMENTS WHEREAS, the City Council of the City of North Richland Hills desires to provide for the borrowing of money for the purchase of land and the collateralization of such loan; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Larry J. Cunningham, the City's city Manager is hereby authorized to execute on behalf of the City of North Richland Hills, Texas one or more notes not exceeding $2,000,000.00 in total, and any and all documents, including earnest money contracts together with all closing documents and deeds of trust on real property to be purchased by the City and other collateralization instruments necessary to create and effectuate such loans from Liberty Bank for the purpose of purchasing such land and obtaining title insurance thereon (the policy being paid for by the seller of the land). Section 2. THAT Larry J. Cunningham, the City's City Manager is hereby authorized to execute documents necessary or convenient to provide for the purchase of a certificate of deposit from Liberty Bank necessary to collateralize that portion of the purchase price of land by the City in excess of what the bank can loan which can be secured by deeds of trust on such land as described in the foregoing Section and to pledge such certificate to Liberty Bank as such security. Section 3. THAT Larry J. Cunningham, the City's City Manager is hereby authorized to execute documents required for the depositing with, withdrawing from, and pledging of money for security to Liberty Bank, including the designation of city employees whose signatures will be required for such transactions. Section 4. THAT should Larry J. Cunningham, the City's City Manager retire or be removed from office for any reason, the person that holds the office of the city's (Interim) City Manager is hereby authorized to execute all the documents required for the completion of the premises itemized in Sections 1, 2 and 3 above without limitation and Liberty Bank (together with interested parties, such as parties to the respective contracts and title companies) may rely on the uninterrupted authority of the person holding the said office until otherwise notified in writing by the City. AND IT IS SO RESOLVED. PASSED AND APPROVED this 13th day of July, 2009. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Larry Koonce, Finance Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. I.0 Subject: INFORMATION AND REPORTS C/TY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Tim Barth Council Meeting Date: 7-13-2009 Agenda No. 1.1 Subject: Announcements -Councilman Barth Announcements Dive-In Movies continue on Friday nights at NRH20. Join us on July 17th for "Jaws" and on July 24th for "Journey to the Center of the Earth." Dive-in Movies are free with paid admission to the park. For more details, please call 817-427-6500. Don't let the summer heat get you, or your landscape, down. Attend a free landscaping seminar at the North Richland Hills Public Library on Saturday July 18 to learn about plants that grow well in hot Texas summers and water saving irrigation methods. The seminar is scheduled from 9:00 a.m. to Noon in the Library's Community Room. Admission is free, but advance registration is requested. For more information, please call 817-427-6607. Learn CPR and save a life! The North Richland Hills Fire Department conducts CPR training classes once each month. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, July 18th. The cost is $25. 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. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Ashley Holloway, Lifeguard, NRH20 A couple e-mailed to express their grateful appreciation to Ashley Holloway for her quick response at ~ NRH20. The couple had been playing with their grandchildren at the Beachside Bay attraction. When the grandfather turned to get out of the pool, the youngest grandchild jumped in one more time and the water was too deep for him. Ashley jumped in quickly and lifted the child to safety. Her actions were so quick and professional, that the child did not realize how serious the situation was. The family is thankful that the City provides staff that is trained to act so quickly in a situation that could have ended badly. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-13-2009 Agenda No. 1.2 Subject: Adjournment