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CC 2009-09-28 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 28, 2009 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting B.1 IR 2009-096 Legislative Update (10 Minutes) B.2 IR 2009-097 Financing Retiree Health Benefits and Meeting GASB 45 Requirements (25 Minutes) B.3 IR 2009-098 Update on Northeast Transportation Service (5 Minutes) B.4 IR 2009-099 Preparation for Reauthorization of Crime Control District (10 Minutes) C.0 Adjournment CPrtificati~n 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 September 25, 2009 at ~~~ ~~ 4..•~, •t /~ ~ a ,~ ssi tant ity Secrets 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 -September 28, 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, September 28, 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 6.0 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 NRH City Council Agenda -September 28, 2009 Page 2 of 4 requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of September 14, 2009 City Council Meeting B.2 PW 2009-036 Award of Project RFB No. 09-041 to Utility Construction Services of Texas, Inc. in the Amount of $782,852.50 for the Construction of the Holiday Lane / Iron Horse Boulevard Water Line Project (UT0806) B.3 PU 2009-032 Award Bid No. 09-002 to American Landscape Systems in the amount of $234,286 for Construction of the Grand Avenue Park Plaza C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2009-037 Approve Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Establishing Regulations for Erosion and Sediment Control - Ordinance No. 3070 F.0 GENERAL ITEMS F.1 GN 2009-065 Approval of New Committee Members to the Youth Advisory Committee F.2 GN 2009-066 FY 2010 Teen Seat Belt Project/Click It or Ticket Mobilization Program Grant -Resolution No. 2009-030 F.3 PU 2009-033 Award 09-042 Bank Depository Services Contract to JP Morgan Chase Bank F.4 GN 2009-067 Appointment to Place 3A on the Zoning Board of Adjustment F.5 GN 2009-068 Authorize Property Tax Refund to Allen Samuels Dodge Hyundai for Overpayment of Vehicle Inventory Tax G.0 EXECUTIVE SESSION ITEMS No items for this category. NRH City Council Agenda -September 28, 2009 Page 3 of 4 H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Barth H.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 Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September 25, 2009 at a :~ ~ C~.W ~°~ '~j °"~ ~ r ' 1! 4 f t , ~, %~ s ist 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 -September 28, 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, September 28, 2009 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting B.1 IR 2009-096 Legislative Update (10 Minutes) B.2 IR 2009-097 Financing Retiree Health Benefits and Meeting GASB 45 Requirements (25 Minutes) B.3 IR 2009-098 Update on Northeast Transportation Service (5 Minutes) B.4 IR 2009-099 Preparation for Reauthorization of Crime Control District (10 Minutes C.0 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2009-096 Date: September 28, 2009 u~`~:, Subject: Legislative Update As mentioned in previous informal reports, the 81St Texas Legislative Session broke records. This session 7,609 bills and proposed Constitutional amendments were filed. This was a 19 % increase over the 2007 legislative session. An interesting point is that although 1,235 more bills were filed, the total number of bills passed actually dropped slightly compared to 2007. The sheer volume, in some instances, worked to our advantage. We went into the session expecting to fight revenue and appraisal caps but they barely made an appearance. Of the bills passed, approximately 120 were related to municipalities in some form or fashion. Below is an outline of those bills that affected North Richland Hills directly. I have separated them into two categories -those that require us to take some sort of actions and those that we do not need to take action on or that we already comply with. Legislation That Requires Us To Take Some Sort Of Action to Comply • HB 2291 ,- among other things, adds language to the required statement in the tax rate ordinance and on the home page of any Internet web site operated by the city whenever a city adopts a tax rate that exceeds the effective tax rate. Although the 57 cent tax rate does not exceed the effective tax rate, because of the way the statement is worded, we added it to the ordinance adopting the tax rate. It had to do with the comparison of the maintenance and operations effective rate instead of the tax rate as a whole. • SB 575 -allows for the imposition of fire control or crime control district sales tax on the residential use of gas and electricity. City Council passed a resolution on August 24, 2009 and staff is in the process of following the requirements of the bill to implement this tax as of January 1, 2010. • HB 2113 -mandated designation of a September 11 holiday for sworn fire fighter personnel. It did not state that the holiday had to fall on September 11, but that a holiday given to sworn fire fighters had to be designated as a September 11 holiday. City employees receive nine paid days off per year, one of which is a "floating holiday" to be taken at the employee's discretion. That "floating holiday" has now been designated as the September 11 holiday for sworn fire fighters. It still can be taken at the employee's discretion. Fire fighters are not receiving an additional holiday. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~^ • HB 55 -makes the use of a wireless communication device while operating a motor vehicle within an active school zone a class C misdemeanor, unless the vehicle is stopped or a hands free device is being used. In order to enforce this law it will be necessary to install signs stating cell phone use is prohibited, and that it is a fine up to $200 to use cell phones in active school zones. We have already installed the signs. • HB 987 -eliminates all of our governmental immunity in the recovery of attorney's fees in cases of breach of contract. We believe that we can provide for a waiver of attorney fees by putting wording into the contracts we enter into from this point forward. • HB 2086 -among other things, allows a city to pass an ordinance requiring removal of graffiti by a property owner if the city offers to remove the graffiti free of charge and the owner refuses. We will be modifying a city ordinance to allow this. Legislation That Does Not Require Us To Take Any Action • SB 636 -provides that when goods are shipped within Texas by a retailer with more than one legal place of business for sales tax purposes, sales taxes shall be generally sourced at the location where the retailer first received the order for the good, provided the order was placed in person. There is, however, an exception to this rule for cities with certain economic development agreements in place prior to January 1, 2009, provided such cities provide notice to the comptroller regarding those agreements. • HB 271 -increases the number of enterprise projects that can be designated in a given biennium to six in municipalities or counties with less than 250,000 residents and nine in municipalities with more than 250,000 residents (current law is six). • HB 773 -extends property tax abatement agreements to 2019 (law which authorizes cities and counties to grant the property tax abatements was due to expire on September 1, 2009). • SB 771 -provides that when the appraised value of a property is reduced following a successful challenge, the appraised value may increase in the following year only if the increase is reasonably supported by substantial evidence when all the reliable and probative evidence in the record is considered as a whole. • HB 4127 -places restrictions on playground equipment. • HB 1720 -provides that an officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising, but that the prohibition does not apply to a communication that factually describes the purposes of a ballot measure if the communication does not advocate passage or defeat of the measure. • HB 2004 - requires a city that owns, licenses, or maintains computerized data that includes sensitive personal information to comply with Section 521.053 of the Business' & Commerce Code. • SB 1182 -provides that a quorum of the city council may receive from municipal staff, and a member of the governing body may make, a report regarding items of community interest during a council meeting without having given notice of the subject of the report, provided no action is taken or discussed. • HB 3866 -provides that only an individual certified by the Texas Commission on Fire Protection as a fire inspector may conduct a fire safety inspection required by a state or local law, rule, regulation, or ordinance. We already comply. • SB 1354 -among other things, provides a city that requires a plumbing contractor to obtain a permit before the person performs plumbing shall by telephone, fax, or e- mail accept permit applications, collect required fees; and issue the required permits. • End of idling exemptions for vehicles having a gross vehicle weight rating over 14,000 pounds. We have a no idling ordinance in place. These bills will be discussed in greater detail on Monday night. Respectfully submitted, Karen Bostic Assistant City Manager __ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2009-097 -~' ., Date: September 28, 2009 `~~~` `~~`~~ Subject: Financing Retiree Health Benefits and Meeting GASB 45 r Requirements Background At the June 10th mid-year council work session we discussed the cost of retiree health care benefits and governmental accounting standard No. 45. At that time Council requested that management and staff develop a plan for funding current and future retiree health care benefits. We would like to review the purpose of the plan and recommend a reasonable balanced approach to financing retiree health care benefits. As previously discussed, there has always been a future cost (long term liability) to provide health care benefits for retirees. Not until now, however, have cities been required to quantify future costs and the dollars needed to fully fund them. The Governmental Accounting Standards Board (GASB) in their pronouncement number 45 has mandated the quantification and disclosure of retiree health care costs. As these costs are quantified, cities are faced with the challenge of funding future retiree health benefits. Very few entities are able to devote the millions of dollars required to fund the full liability for the next three decades. Management and staff believe it is our fiduciary responsibility to plan for future benefits. We also understand that credit rating analysts and those who would invest in municipal bond offerings are concerned that cities make a good faith effort to fund at least a portion of the future liability. There is no rule of thumb or benchmark for funding. In surveying other cities we have found that very few are fully funding, some are partially funding and some are still deciding which direction to take. The plan we are proposing takes a common sense approach, and makes a good faith effort to ensure that dollars are available for retiree health care benefits in the future. Any retiree health care benefit financing plan that we consider should be based on the desired level of benefits, the cost to provide those benefits today and in the future, and the ability to pay for those benefits. The plan should consider the welfare of current and future retirees, the impact on City officials and taxpayers, and the effect on the credit worthiness of the City. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ The Challenge GASB 45 requires an independent actuarial analysis to determine the 30 year cost of retiree benefits. The actuarial analysis must be recalculated every two years. The actuarial results are based on assumptions including but not limited to current retiree health benefits provided by the City, the age and eligibility of existing and future retirees, and mortality rates. Based on the current NRH retiree health plan, the independent actuary has estimated a 30 year liability for the City of North Richland Hills that ranges from $22.9 million to $28.5 million. The minimum and maximum amount of the liability is determined by how much, if any, the City chooses to fund. The greater the funding, the less the liability, and vice versa. The independent actuary has also calculated the annual required contribution (ARC) necessary to fund the long term liability. The ARC is the annual amount required to fully fund our retiree health plan for the next 30 years. The ARC has a range of $1.9 million to $2.1 million depending on the level of funding. The Self Insurance Fund budget provides funding from the City and retirees for retiree health care benefits of nearly $1 million annually. The ARC at the fully funded level is $1.9 million. The "gap" between existing funding and fully funding the ARC is $900,000 per year. In the opinion of staff it is not feasible or fiscally responsible to increase the annual self insurance fund budget by $900,000 for retiree health benefits. The Plan Fortunately, in the past few years the City has managed to build the self insurance fund balance to over $5 million dollars. As an initial contribution we propose to dedicate a portion of this fund balance to future retiree health insurance benefits. We are also proposing to allocate funds annually and dedicate a percentage of any excess reserves each year to future retiree health care benefits. The strong self insurance fund balance of $5 million allows us to first insure that we have enough in reserves for existing health claims as well as other insurance needs such as claims for property and casualty, liability, workers compensation and other settlements. Staff has done a risk assessment and determined that a safety net of $2.5 million is needed for health claims and insurance, and another $1 million is needed for all other insurance risk. A total of $3.5 million of the $5 million would be reserved for this safety net. The yearly health benefit budget is approximately $7 million. Of this about $1 million or 15% is attributed to retiree health costs. We propose to reserve 15% of the $2.5 million health benefit safety net reserve for retiree health care benefits. This would be an initial one-time contribution from the self insurance fund to the retiree health care fund of $350, 000. In addition to the initial one-time contribution of $350,000 we propose to allocate insurance funds annually to the retiree health care fund. At the end of each fiscal year we will calculate the excess insurance fund reserves. We will allocate not less than $100, 000 per year. In our discussion we have identified $5 million total reserves. The required safety net is $3.5 million including the $350,000 for retiree health insurance. This leaves an "excess" reserve of $1.5 million. We propose to dedicate 10% of excess reserves per year for retiree health insurance. This year's contribution would be $150,000. In future years we recommend that this annual contribution would be $100,000 or 10% of the excess reserves, whichever is greater. The contribution will be split between the City and employees at a ratio of 80% to 20%. We also recommend that at each fiscal year end the City Manager evaluate the fund balances of the general fund and utility fund to determine if there are funds available to allocate to the retiree health benefit fund. The City Manager may then transfer available funds to the retiree health benefit fund to reduce future liabilities. The retiree health benefit fund should be established as an irrevocable trust to insure that the funds are used for the sole purpose of retiree health care benefits. GASB 45 requires this arrangement to qualify for a reduction of the long term liability. It is also recommended that the Human Resources Department explore eligibility requirements. for retirees and health plan design modifications that will manage future costs. Any recommended changes will be presented to council for approval. Summary of Retiree Health Benefit Funding Recommendations 1. Make an initial one-time contribution of $350,000 to establish Retiree Health Benefit Fund. 2. Make annual contributions of $100,000 or 10% of excess insurance fund reserves, whichever is greater. The first year's calculation is $150,000. In future years the contribution will be split between the City and employees at a ratio of 80% to 20%. The employee portion will be charged in the form of monthly premiums to the employees. 3. At the discretion of the City Manager, make annual transfers from the general and utility funds to the retiree health benefit fund as funds are available. 4. Establish a Council approved irrevocable trust for the retiree health benefit fund. 5. Explore eligibility and plan design changes to manage retiree health care costs. Next Steps 1. Official Council approval by resolution of the retiree health benefit funding plan. 2. Establish an irrevocable trust and appoint a manager of the trust funds. 3. Make appropriate budget changes and fund transfers to establish the retiree health benefit fund. Management and staff believe this is a reasonable and balanced approach to funding retiree health benefits. It addresses the funding of the benefits of our current and future retirees. It should be recognized by credit rating agencies, bond holders and other users of our financial statements as a good faith effort to reduce our long-term liabilities. This plan will be presented for consideration to the Mayor and Council at the September 28tH work session. Respectfully submitted, Larry Koonce Director of Finance INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-098 Date: September 21, 2009 ..::; ,. ~~,~ ,.:. U` ?~~` Subject: Update on Northeast Transportation Service Recently, the Northeast Transportation Service (NETS) has seen an increase in ridership. NETS is the door to door transportation service the City of North Richland Hills and six other area cities offer to their senior and disabled residents. The other member cities include Hurst, Bedford, Euless, Grapevine, Keller and Haltom City. The majority of NETS trips are medical related, but other trips are related to work, social services, senior centers, education, shopping and social. Last fiscal year, NETS provided 20,100 trips through July. Of those, 4,470 trips originated in North Richland Hills. So far this fiscal year, 20,258 trips were taken on NETS with 4,970 coming from North Richland Hills. North Richland Hills has had an 11 % increase in trips. NETS contracts out service to the Fort Worth T and the American Red Cross. NETS pays those entities by the revenue hour, the time the vehicles operate with passengers in them. Due to the increased trips, revenue hours are also increasing. Through July, revenue hours in this fiscal year equal 12,483. This is compared to 11,166 revenue hours in the same time frame last fiscal year. That is a 12% increase. The NETS Board recognized that its costs would be increasing and approved a five year local contribution schedule that will begin October 1, 2009. In the upcoming fiscal year, all cities will increase their local contributions. Cities will continue to pay 50¢ per population but the population will be based on NCTCOG's population estimate from the previous April, not the 2000 Census population count. A fare increase was also scheduled for October 1, but the NETS Board decided to delay that until at least April 2010. The primary user of NETS is elderly residents and many seniors are having an especially tough time in this economic climate. The- Board will discuss the possible fare increase for April during the fall to determine if the economy has improved enough for our riders to take on the additional burden. Currently, NETS has the second lowest fares in the region at $1.50 per one way trip. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ NETS recently received an information request from the City of Richland Hills. They are investigating transit alternatives to the T. NETS provided background information about the service and informed Richland Hills that a substantial investment on their part might be needed to join NETS. NETS is currently capped for federal and state funding and any costs related to expansion of service would have to be borne by the local entities. Respectfully Submitted, Elizabeth Reining Assistant to the City Manager o s e NETS RIDERSHIP 2,600 2,400 2,200 2,000 1,800 1,600 1,400 1,200 1,000 ~~o~~t ~~~~t ~~~~~ ~~~~ ~~a~ a~~r PQ~~ ~~~ ,~~e ~ ~o~ O~~ ~a ~~~ ~ -~ FY07 Total --~- FY08 Total P~~ ~~~ ~~Q FY09 Total Northeast Transportation Service FY2009 Ridership Report October November December' Janus Febr~a March' " ril Ma June Ju Au ust Se tember Total/Avers e Bedford 479 396 405 362 416 446 472 348 431 489 461 4,705 Euless 314 237 274 232 252 337 338 335 337 376 311 3,343 Grapevine 82 47 48 33 48 69 55 93 93 97 100 765 Haltom City 124 134 104 113 115 148 153 139 153 201 156 1,540 Hurst 394 306 361 347 413 462 529 476 461 432 410 4,591 Keller 118 98 102 158 227 224 234 213 205 203 206 1,988 North Richland Hills 509 419 467 377 433 569 596 526 538 536 524 5,494 Total Trips 2,020 1,637 1,761 1,822 1,904 2,255 2,377 2,130 2,218 2,334 2,168 22,426 Tickets Collected 348 254 273 229 273 329 379 259 254 242 244 2,840 Average Daily Ridership 88 86 80 85 95 103 108 107 101 106 103 97 Service Days 23 19 22 19 20 22 22 20 22 22 21 232 Revenue Hours 1,351.25 1,070.25 1,100.50 1,055.50 1,218.00 1,319.00 1,385.00 1,284.00 1,301.75 1,397.75 1,301.25 13,784.25 Tripsmour 1.49 1.53 1.60 1.54 1.56 1.71 1.72 1.66 1.70 1.67 1.67 1.63 On-time Percentage 94.4% 93.5% 91.6% 92.0% 92.0°~ 92.9% 94.5% 91.0% 91.0% 90.0°~ 96.8°k 92.7% Refusal Percentage 0.2% 0.5% 0.6% 0.3°~ 1.68% 1.33% 0.29% 0.70% 2.43% 0.64% 0.14°~ 0.82% Expense less Rev & UW $ 53,959.75 $ 40,900.05 $42,709.10 $41,117.60 $47,438.10 $51,332.80 $53,815.00 $49,983.30 $50,457.85 $55,840.05 $51,869.25 $539,422.85 Subsidy per passenger $ 26.71 $ 24.98 $ 24.25 $ 25.35 $ 24.91 $ 22.76 $ 22.64 $ 23.47 $ 22.75 $ 23.92 $ 23.92 $ 24.05 Revenue Collected $ 2,508.00 $ 2,074.50 $2,232.00 $2,089.50 $2,246.50 $2,889.00 $2,997.00 $2,806.50 $2,946.00 $2,965.00 $2,653.50 $28,407.50 United Way Funding $ 1,920.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $960.00 $0.00 $0.00 $8,640.00 Ticket Revenue $ 555.00 $ 270.00 $540.00 $375.00 $555.00 $480.00 $675.00 $435.00 $570.00 $180.00 $390.00 $5,025.00 (United Way funding in November was for October and November) (Ticket revenue in April includes $165 not reported in Marchj (United Way funding ended in June 2009) INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-099 Date: September 28, 2009 ~.:~: t~~`' `~ ~ Subject: Preparation for Reauthorization of Crime Control District (Page 1 of 3) The Crime Control District (CCD) has been an integral part of our community's commitment to safety and security. Throughout the years, the CCD has generated over $46 million to help fund personnel and equipment and to maintain the high level of services that we have come to expect from the Police Department. The CCD was originally approved by voters in 1995 for a period of 5 years. It began to collect sales tax revenue on July 1, 1996. The CCD was again approved by voters in 2001, this time for a period of 10 years, and is set to expire in 2011 unless an election is held. As we approach the end of this 10-year period, we must seek voter approval to continue the Crime Control District. Authorizing legislation has been modified since the last election and now allows CCD's to be approved for periods of 5,10, 15 and 20 years. During the mid-year planning workshop, this issue was brought before the City Council and it was decided to continue with the Crime Control District. It was further discussed to seek the maximum reauthorization time allowed by state law as part of the election. Unless there is a change of thought, in proceeding with the necessary election, plans will be to present the 20 year option to the voters. The purpose of this report is to outline a potential timeline for the election and make the City Council aware of the steps involved in the process. In order to determine the time frame for each step, we need to decide which election date is preferred. One thought has been to have the election during November to leave us a second chance for approval before the expiration in July. However, State law requires athree-year time period between elections if it fails to achieve the voters' approval. There would not be sufficient time. to have another election before the 10-year term expired. Therefore, we need to consider what other items could be occurring during the election period that could have an impact. The November 2010 election date will be a mid-term congressional election and the gubernatorial election, which is usually less attended than a presidential election but more than a spring election. We have no other City elections during that period so the CCD could gain the most attention. It should also be noted that we would be required to pay for our portion of the cost of this election to Tarrant County. This would be an additional expense since we normally do not have any City issues during the fall cycle. There• have been several changes to the election procedures since the last time we participated so we do not know an exact amount. However, based on the cost incurred by other similar cities we expect it to be around $18,000 - $20,000. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-099 Date: September 28, 2009 A ;`~"~~''_ ~~~~~~ Subject: Preparation for Reauthorization of Crime Control District (Page 2 of 3) The May 2011 election will be for Council positions 1, 3, 5 and 7 and any other local issues. As above we would have to financially participate in this election through Tarrant County. Another factor to consider is the fact that the State legislature will be in session during May 2011 and whatever issues that may be discussed could have an impact on the attitude of the voters. This would be especially true if we are successful in getting the local option transportation passed in the legislature. That issue could potentially go to the voters later that same year. It might be beneficial to have more time separating these two issues. Based on these issues, the November, 2010 date for the reauthorization election has a lot of merit. If a November, 2010 election date is selected, the election must be called by July 13, 2010 to allow for pre-clearance from the Justice Department. During the last CCD election there was a successful public awareness campaign about the benefits of the program. The City prepared informational brochures, newsletter articles, and some other information exclusively about the uses of the CCD funds, but it did not ask or encourage citizens to vote for or against the extension of the CCD taxes. The City is prohibited from spending public funds for advocating for a proposition such as the CCD program. The City can only spend public monies for informational purposes only. Recent rules have changed whereby the Texas Ethics Commission will now review information and materials prepared solely for informing the public (not political materials for private groups) to determine if they meet the criteria of the State's ethics code. That is a good change and should help us if we decide in the next CCD election that we want to prepare such material, newsletters, etc explaining the uses of CCD funds, etc. Since the City is prohibited from advocating for the reauthorization and spending public monies on getting support for any proposition, in the 2001 CCD election, a citizen committee formed and took the lead in educating and advocating for the passage of the measure. Their involvement was critical because as previously stated, the State election and ethics code prohibits a municipality from expending funds to advocate either for or against the passage of any measure. As stated, we can only provide information about the CCD and its benefits but must remain neutral on a particular position. This citizen committee, which served as an official political action committee, operated independently from the City and was free to push for the passage of the measure. We anticipate that in the next election, such a citizens group would be initiated. In order to accomplish the myriad of task needed to reach a successful election date, we need to start the process approximately 10 months prior to the election date. The following schedule is based upon a November date but can be modified if the May 2011 date is preferred by Council. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-099 ;. Date: September 28, 2009 ~~"; $``~~~~ ~°~~= Subject: Preparation for Reauthorization of Crime Control District (Page 3 of 3) ~r Potential Timeline for Recommended Election Date of November 2, 2010: January 2010 Formation of a Citizen Committee to promote and advocate ,for the passage of the CCD. This will be a PAC and all external solicitations for approval will be conducted by the group. March 2010 City to begin Public Awareness and education campaign. Citizen Committee to conduct meetings, fundraisers, and ad campaign. July 2010 Resolution requesting continuation referendum on Council agenda. Hold public meeting of CCD board. October 2010 Early voting November 2, 2010 Election Requested City Council Action: Which reauthorization time period (5, 10, 15 or 20 years) does Council wish to recommend? Does the Council agree with the listed timeframe for requesting a reauthorization of the Crime Control District? Respectfully Submitted, Jimmy Perdue Assistant City Manager / Chief of Police ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: 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, September 28, 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 Item(s) from Consent A,, eq nda 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 September 14, 2009 City Council Meeting B.2 PW 2009-036 Award of Project RFB No. 09-041 to Utility Construction Services of Texas, Inc. in the Amount of $782,852.50 for the Construction of the Holiday Lane /Iron Horse Boulevard Water Line Project {UT0806) B.3 PU 2009-032 Award Bid No. 09-002 to American Landscape Systems in the amount of $234,286 for Construction of the Grand Avenue Park Plaza C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to~follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2009-037 Approve Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Establishing Regulations for Erosion and Sediment Control -Ordinance No. 3070 F.0 GENERAL ITEMS F.1 GN 2009-065 Approval of New Committee Members to the Youth Advisory C;nmmittee F.2 GN 2009-066 FY 2010 Teen Seat Belt Project/Click It or Ticket Mobilization Program Grant -Resolution No. 2009-030 F.3 PU 2009-033 Award 09-042 Bank Depository Services Contract to JP Morgan Chase Bank F.4 GN 2009-067 Appointment to Place 3A on the Zoning Board of Adjustment F.5 GN 2009-068 Authorize Property Tax Refund to Allen Samuels Dodge Hyundai for Overpayment of Vehicle Inventory Tax G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Barth H.2 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Agenda No. A.0 Subject: Call to Order -Mayor Trevino C/TY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Mayor Pro Tem Scott Turnage Agenda No. A.1 Subject: Invocation -Mayor Pro Tem Turnage CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Mayor Pro Tem Scott Turnage 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: 9-28-2009 Agenda No. A.3 No items for this category. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 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: 9-28-2009 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 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 R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of September 14, 2009 City Council Meeting Recommendation: To approve the minutes of the September 14, 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 -SEPTEMBER 14, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14th day of September, 2009 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development . Larry Koonce Finance Director Jo Ann Stout Neighborhood Services Director Greg VanNieuwenhuize Assistant Public Works Director Craig Hulse Economic Development Director Eric Wilhite Chief Planner Absent: Scott Turnage Mayor Pro Tem, Council, Place 6 David Whitson Council, Place 5 Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.1 Dis cuss Items from Regular City Council Meeting Agenda Item C-3, FP 2009-03 -Mayor Trevino clarified that the applicant had requested a zone change and final plat for his property in order to relocate a large stone barn from the adjacent property to his property. Mayor Trevino questioned the $13,000 required for the rough proportionality that the applicant became responsible for as a result of his need for a final plat. Staff advised that the requirement was brought up with the applicant in early discussions. Because the applicant did not have any plans to move, he was agreeable for a lien to be placed against his property for the rough proportionality requirement. A.2 IR 2009-086 Neighborhood Revitalization Program Update Ms. JoAnn Stout, Director of Neighborhood Services, updated the Council on the Neighborhood Revitalization Program. Council was advised that Staff is still working on some of the details of the new program and Council will be will updated at a later date with additional information. Ms. Stout reviewed the history of the program, the timeline for the program and the types of improvements under consideration. Staff is working with contractors who have businesses in North Richland Hills, large and small companies, and non-profit organizations seeking their support of the program. In August, Home Depot employees volunteered their time and Home Depot donated cost of materials for a home make over project in the City. Council was shown a video clip of the home being renovated by Home Depot. Council was advised the video would also be shown during the regular council meeting with the presentation of a proclamation to Home Depot. A.3 IR 2009-087 Quad Cities Foundation & Direction Forward Mr. Craig Hulse, Economic Development Director, advised Council that the original purpose of Quad Cities was to accelerate the quality and quantity of economic growth by marketing an image that capitalizes on shares resources and strengths within the common areas of North Richland Hills, Haltom City, Richland Hills and Watauga. During the past year, members of the Foundation examined the purpose and the city members questioned the overall effectiveness and return on investment. The conclusion was that there were different goals and objectives amongst the participating entities with varying levels of commitment. On August 19, members of the Quad Cities Foundation voted unanimously to dissolve the corporation effective September 30. Upon dissolution, members have agreed that 1) participating cities will convene to discuss the feasibility of cooperative efforts aimed at revitalization and any goals common among the entities will be brought back to Council for approval, 2) the Chamber will continue to host informal Economic Development Committee meetings and 3) the family 4t" Fireworks event will be managed by the Chamber, with former member cities opting to contribute to the event on an annual basis. Council was advised that last year North Richland Hills became a member of the DFW Marketing Team and Staff will be marketing and promoting the City at trade shows and events. Staff is also in the process of developing materials and information that will be used to promote the City. There were no questions from the Council. A.4 IR 2009-088 Update on North Central Texas Council of Governments Sustainable Development Grant Application Mr. John Pitstick, Director of Planning & Development, updated the Council on the Call for Projects under the 2009 Sustainable Development Grant funds. Mr. Pitstick reviewed the history, purpose and eligibility requirements of the grant. Council was advised that the areas around the Smithfield and Iron Horse future rail stations are candidates for grant funding. The rezoning of the Smithfield area to the TOD Code makes it eligible for infrastructure funding. The Iron Horse area is only eligible for planning funding and not infrastructure funding. The sustainable development grant application requires a public and private letter of support identifying potential private vertical mixed-use projects that would directly benefit by the proposed infrastructure improvements. Because the City does not currently meet this requirement, staff is recommending the Smithfield TOD and areas where the City controls the land as the best area to focus on for grant funding. Staff is recommending the submittal of two projects in the Smithfield TOD for the grant application -Main Street Streetscape Project and Snider Street Extension Project. The grant will cover 80% of the eligible costs and the City would be required to pay 20% of the remaining eligible costs and 100% of any ineligible costs. The Main Street project will add streetscape features to Main Street between Smithfield and Davis Boulevard in accordance with the TOD Code. The total estimated project cost is $500,000. The Snider Street Extension project will extend Snider Street north of Main to connect into Davis Boulevard across from Northeast Parkway. The estimated project cost is $2,800,000. Staff requested direction from Council on proceeding with the grant application. Council supported Staff making application for the COG Sustainable Development Grant for the two projects discussed requiring a local match of 20% for eligible costs. B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chanter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Purchase or Value of Real Property located at the northeast corner of Corona and Rufe Snow for the Rufe Snow Drive Street & Utility Improvements (Karen Drive to I.H. 820) Project B.2Executive Session: Pursuant to Section 551.072, Texas Government Code_to Deliberate the Purchase or Value of Real Property located in the northern part of the City for the Shady Grove Road Project 6.3Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills Mayor Trevino announced at 6:04 p.m. that the Council would adjourn into Executive Session pursuant to the provisions of the following sections of Chapter 551 of the Texas Government Code: Section 551.072 to deliberate the purchase or value of real property located at the northeast corner of Corona and Rufe Snow for the Rufe Snow Drive Street & Utility Improvements (Karen Drive to I.H. 820) Project; Section 551.072 to Deliberate the Purchase or Value of Real Property located in the northern part of the City for the Shady Grove Road Project; and Section 551.071 to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills. C.0 Adjournment Mayor Trevino announced at 6:44 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 September 14, 2009 at 7:00 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Tom Lombard Tim Barth Tim Welch Mayor Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 7 Staff: Larry J. Cunningham Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary Attorney Absent: Scott Turnage Mayor Pro Tem, Council, Place 6 David Whitson Council, Place 5 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) - PROCLAMATION DECLARING SEPTEMBER 14 AS HOME DEPOT DAY PRESENTED BY COUNCILMAN LEWIS JoAnn Stout, Neighborhood Services Director, presented a video and spoke on the unveiling of the new Neighborhood Revitalization Program sometime in early 2010, a portion of the program will include community involvement. Home Depot is being recognized for their continued support of the program and for volunteering their time and cost of materials to assist a resident in North Richland Hills. Councilman Lewis presented a proclamation to Kevin Sutherland, Home Depot Store Manager declaring September 14t" as Home Depot Day. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JULY 27, 2009 COUNCIL MEETING B.2 APPROVAL OF MINUTES OF THE AUGUST 17, 2009 SPECIAL COUNCIL MEETING B.3 APPROVAL OF MINUTES OF AUGUST 24, 2009 CITY COUNCIL MEETING B.4 PW 2009-034 AUTHORIZE THE CITY MANAGER TO SIGN A LETTER OF CONSENT PROVIDED BY TEXAS MIDSTREAM GAS SERVICES TO ACCOMMODATE THE "WATER LINE (HOLIDAY LANE AND IRON HORSE BOULEVARD)" PROJECT B.5 AP 2009-01 CONSIDERATION OF A REQUEST FROM JB & JB DEVELOPMENT, FLP TO APPROVE AN AMENDED PLAT OF 32 LOTS IN THE WOODLAND ESTATES SOUTH ADDITION (LOCATED IN THE 9200 BLOCK OF MARTIN DRIVE - 9.016 ACRES.) COUNGILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-Q. PUBLIC HEARINGS C.1 LRB 2009-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ANEJO LLC FOR A VARIANCE FROM THE REQUIREMENT THAT A FIFTEEN FOOT LANDSCAPE BUFFER BE PROVIDED ADJACENT TO THE BOULEVARD 26 RIGHT-OF-WAY ON LOT 2A, BLOCK 1, NORTHEAST CROSSING ADDITION (LOCATED AT 9159 BOULEVARD 26 SUITE 300.) APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward. Brian Paul, 9159 Boulevard 26, Suite 300 came forward. He advised Council that the patio was an important feature of the restaurant. He was available to answer any questions the Council might have. Eric Wilhite, Chief Planner, summarized the item. The applicant is proposing to construct a Mexican cuisine eating establishment at the above location. The proposed development includes a significant outdoor patio eating area along the side of the structure adjacent to the Boulevard 26. The recent right-of--way acquisition by TXDOT for the future widening of Boulevard 26 has created a hardship for the property owner by reducing the distance from the edge of the structure to the new right-of-way line. Now there is not enough space to construct the planned patio area without encroaching into the 15 feet landscape buffer. Even though the TXDOT right-of-way acquisition significantly reduced the proposed area, there is still sufficient area to construct the outdoor patio if a variance to permit the encroachment is allowed. Staff supports this request due to the hardship created by TXDOT right of way and the high quality of design in the patio elements. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN SAPP MOVED TO APPROVE LRB 2009-Q'~. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. C.2 ZC 2009-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JOE GRAY FOR A ZONING CHANGE FROM R-2 SINGLE FAMILY TO R-1-S SPECIAL SINGLE FAMILY ON TRACTS 3W, 3W1, AND 3U1, ABSTRACT 1055 (LOCATED AT 9216 AMUNDSON DRIVE -10.03 ACRES.) -ORDINANCE NO. 3069 APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward. Joe Gray, 9216 Amundson Drive, came forward. He advised Council that in order to have a 100 year old barn moved to his property the zoning needed to be changed. He was available to answer any questions the Council may have. Eric Wilhite, Chief Planner, summarized the item. The applicant, Joe Gray is requesting a zoning change on a 10.033 acre platted lot from R-2 (Single Family) to R-1-S (Special Single Family). The Grays currently have asingle-family structure with a detached garage and out buildings. Their intention is to relocate a large stone barn structure that is currently located on an adjacent property that was recently zoned for an RI-PD residential project and will soon be going under development. Current regulations require that in order to have an accessory building larger than 500 square feet the property must be R-1-S or AG. This structure is approximately 1260 square feet. The Planning & Zoning Commission recommended approval by a vote of 6-0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2009-04 ORDINANCE NO, 3009. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-O. C.3 FP 2009-03 CONSIDERATION OF A REQUEST FROM JOE GRAY TO APPROVE A FINAL PLAT OF LOT 2, BLOCK 1, MAJESTIC MEADOWS ADDITION AND DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS (LOCATED AT 9216 AMUNDSON DR. -10.03 ACRES.) (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.2) APPROVED Mayor Trevino announced that this item was not a Public Hearing but was related to the previous item and called for the applicant to come forward Mr. Joe Gray, 9216 Amundson Drive, came forward. He was available to answer any questions Council may have. Eric Wilhite, Chief Planner, presented the item. The applicant, Mr. Joe Gray is requesting approval for a final plat on a 10.033 acre parcel. The Gray's have resided on the property for sixteen years. The property has asingle-family structure and detached garage and out buildings on the property. This final plat is accompanied by a zoning change request. The property was zoned in the past, and is currently zoned R-2, but will be R-1-S. The proposed plat meets the lot width and the minimum lot square footage required for the zoning classification. The Planning & Zoning Commission recommended approval by a 6-0 vote. COUNCILMAN WELCH MOVED TO APPROVE F13 2009-03. COUNCILMAN EARTH SECONDED THE MOTION, MOTION TO APPROVE CARRIED 5-0. C.4 TR 2009-04 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO THE NORTH RICHLAND HILLS ZONING ORDINANCE. PROPOSED AMENDMENTS INCLUDE UPDATES TO SECTION 118-631 TABLE OF PERMITTED USES, SECTION 118-714 VISIBILITY SIGHT TRIANGLES, SECTION 118-718 ACCESSORY BUILDINGS AND STRUCTURES, AND REPLACING THE VISIBILITY TRIANGLE ILLUSTRATION IN ARTICLE IX OF CHAPTER 118 -ORDINANCE NO. 3068 APPROVED Mayor Trevino opened the public hearing and called on Eric Wilhite to present the item. Eric Wilhite, Chief Planner, summarized the item. The proposed text revisions to the zoning ordinance include adding new uses to the permitted use tables, clarifying visibility triangles and clarifying carport design regulations. The new permitted uses include allowance for indoor shooting ranges, motorcycle sales, car washes, moving and storage companies and social service facilities with temporary lodging. The Special Use Permit provision is intended to provide added protection and review of land use types in areas where special conditions may need to be considered to reduce adverse effects on adjacent or surrounding properties. A development specific site plan shall accompany every application for an SUP and include all the contents established for site plans and will be made part of the ordinance. The Planning & Zoning Commission recommended approval of the text changes and amendments by a 6-0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNGILMAN BARTH MOVEQ TO APPROVE. TR 2009-04; ORQINANGE NO. 3068.. COCINCILMAN LOMBARQ SECONQEQ THE MOTION.. MOTIQN TO APPROVE GARRIEQ 5-Q. PLANNING & DEVELOPMENT D.1 Items to follow do not require a public hearing. No items for this category. PUBLIC WORKS E.1 PW 2009-033 APPROVE ORDINANCE AMENDING CHAPTER 102 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ESTABLISHING REGULATIONS OF NON-STORM WATER DISCHARGES TO THE CITY'S STORM DRAINAGE SYSTEM - ORDINANCE NO. 3060 APPROVED Jimmy Cates, Public Works Operations Manager, presented the item. One of the requirements of the permit is that cities must submit a Storm Water Management Program that includes Best Management Practices or BMP's that will reduce the discharge of pollutants to the "maximum extent practicable," protects water quality, and satisfies the approximate water quality requirements of the CWA. One BMP requires the City to adopt and enforce a City ordinance for Illicit Storm Water Discharge. The goals of the ordinance are 1) regulate the contributions of pollutants to the City's storm sewer system; 2) Prohibit Illicit Connections and Discharges to the City's storm sewer system and 3) Establish legal authority to carry out all inspections, surveillance, and monitoring procedures necessary to ensure compliance. COUNCILMAN WELCH MOVED TO APP-ROVE ORDINANCE NO. 3060. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. E.2 PW 2009-035 AUTHORIZE CITY ATTORNEY TO TAKE LEGAL ACTION TO ACQUIRE PROPERTY FOR SHADY GROVE ROAD PROJECT - RESOLUTION NO. 2009-029 APPROVED Mike Curtis, Managing Director, presented the item. This Capital Improvements Project is identified as the "Shady Grove Road Street Improvements (Davis to Clay-Hibbons)". This project consists of the engineering design and reconstruction of this section of Shady Grove Road. Shady Grove Road is identified as a Minor Undivided Collector street. This equates into a 40 feet wide street section within 60 feet of Right-of-Way. Presently, the project's design is almost complete and basically, all that remains in order to advertise for construction bids is the acquisition of the appropriate Right-of--Way. Additional Right-of-Way (ROW) is necessary from four (4) properties whose front or side yards are adjacent to the proposed project. As the existing ROW is variable in the corridor from Davis to Clay Hibbons, each property will be impacted differently. Appraisals were completed and hand delivered to each property owner for review in late June and early July of 2009. Staff attempted to contact property owners to request meetings or discussion about the needed ROW acquisitions, unfortunately not all property owners were responsive. At this time, all four (4) property owners have indicated that they are dissatisfied with the City's offer and wish to proceed with eminent domain proceedings. Staff is recommending approval of Resolution No. 2009-029. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION NO. 2009-029. C..OUNCILMAN BARTH SECONDED THE MOTION. MOTION T4 APPROVE CARRIED 5-O. GENERAL ITEMS F.1 GN 2009-063 ADOPTING THE 2008/2009 REVISED BUDGET AND 2009/2010 PROPOSED BUDGET -ORDINANCE NO. 3065 APPROVED Mark Mills, Budget Director presented the item. The proposed budget for 2009/10 was filed with the City Secretary's office on August 4, 2009. This proposed budget was also available at the NRH Public Library and on the City website. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State Law. The 2009/2010 General Fund budget is based on a 57¢ tax rate, which is the existing rate for the current fiscal year. Revisions to the 2008/2009 revenues and expenditures have been made to reflect the most current estimates for the current fiscal year. The Budgeted Operating Expenditures are: 2008/2009 2009/2010 Fund Revised Proposed General Fund $38,837,844 $38,631,516 Debt Service Fund 8,550,991 8,320,141 Park & Recreation Facilities Development Fund 5,409,497 4,739,893 Crime Control & Prevention District Fund 4,504,445 4,450,764 Promotional Fund 235,895 237,301 Donations Fund 236,850 165,009 Special Investigation Fund 642,021 256,921 Drainage Utility Fund 356,198 737,219 Gas Development Fund 1,815,270 460,.000 Traffic Safety Fund 947,047 854,177 Utility Fund 24,908,290 25,565,181 Aquatic Park Fund 4,601,647 4,755,343 Golf Course Fund 2,537,694 2,613,232 The budgeted Capital Projects Expenditures are: 2009/2010 Fund Proposed Street & Sidewalk Projects $25,985,558 Drainage Projects 3,292,000 Utility Projects 3,255,500 Parks & Recreation Projects 2,273,612 Aquatic Park Projects 279,000 Municipal Facility Projects 12,973,425 Major Capital Equipment Projects 2,304,819 Economic Development Projects 1,513,000 Other Projects 100,229 CIP Personnel 586,232 Total ~ $52,563,375 The City of North Richland Hills Crime Control and Prevention District Board of Directors and the City Council have reviewed the 2008/2009 revised budget and the 2009/2010 proposed budget and have recommended approval. Park and Recreation Facilities Development Corporation Board of Directors reviewed the 2009/2010 proposed budget for all funds and have also recommended approval. As required by law, all legal notices were published. Approval of Ordinance No. 3065 would adopt 2008/2009 revised budget and 2009/2010 proposed budget. COUNCILMAN WELCH MOVED TO APPROVE ON 2009-063; ORDINANCE NO. 3065.: COUNCILMAN SAPP SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 5-0. F.2 GN 2009-064 ADOPT THE TAX RATE FOR TAX YEAR 2009 - ORDINANCE NO. 3066 APPROVED Mark Mills, Budget Director, presented the item. The notice of effective tax rate was published in the Star Telegram newspaper on August 13, 2009 and the notice of public hearing on the tax rate on August 12, 2009 and August 17, 2009 all in accordance with State law. In addition, the notice of public hearing on the tax rate and the notice of vote on the tax rate were posted on the City's website and carried on Citicable in accordance with State law. The public hearing on the tax rate was held on Monday, August 24, 2009 during the regularly scheduled Council meeting even though no public hearings were required by law as the proposed tax rate was lower than both the effective rate and the rollback rate. The proposed 2009/2010 property tax rate for the City of North Richland Hills is 57¢ per $100 of valuation. If approved, this will be the 17t" year with a 57¢ tax rate. The proposed rate of 57¢ is a decrease of 3.2% in comparison to the effective tax rate of 58.8866¢. The proposed rate of 57¢ is broken down into two parts as follows: • 35.4116¢ for the purposes of maintenance and operations • 21.5884¢ for the payment of principal and interest on debt of the City Adoption of Ordinance No. 3066 would set the tax rate for Fiscal Year 2009/2010 at 57¢ per $100 valuation. COUNCILMAN LOMBARD MOVED TO APPROVE ORDINANCE NO. 3066, SETTING THE FISCAL YEAR 2009F2010 TAX RATE FOR MAINTENANCE AND OPERATIONS AT 35.4'x'[6¢ PER $100 OF VALUATION, THE TAX RATE FOR THE INTEREST AND SINKING FUND AT 2'x.5884¢ PER $100 OF VALUATION, FOR A TOTAL TAX RATE OF 57¢ PER $100 OF VALUATION. COUNCILMAN E3ARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. F.3 GN 2009-060 APPROVAL AND RATIFICATION OF THE 2009 CERTIFIED ROLL - RESOLUTION NO. 2009-028 APPROVED Mark Mills, Budget Director, presented the item. Tarrant Appraisal District provided the City with the 2009 Certified Tax Roll information. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons; abatement value losses; freeport inventory value loss; and agricultural value lost. These values also include new construction, the minimum value of properties still under protest, and the estimated net taxable value of incomplete properties. The certified values for the City of North Richland Hills are $3,750,427,552. This is the amount used to calculate the effective tax rate and property tax revenues for fiscal year 2009/2010 budget. COUNCILMAN BARTH MOVED TO APPROVE RESOLUTION NO. 2009-028. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. EXECUTIVE SESSION ITEMS G.1 No items for this category. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Welch made the following announcements. Iron Horse Golf Course is celebrating its 20th Anniversary with special "retro" pricing this week. An anniversary tournament and reception are also planned on Thursday. For complete details, call Iron Horse at 817-485-6666. Residents are invited to a Landscaping in Autumn Seminar from 9 a.m. to noon on Saturday, September 26t". Residents will receive tips on what to plant this fall and how to prepare your landscape for winter. This free event will be held in the Community Room at the North Richland Hills Public Library. To register or get more information, please call 817-427-6600. The NRH Animal Adoption & Rescue Center will host a low cost pet vaccination clinic on Saturday, September 26t" from 10 a.m. to 1 p.m. at Linda Spurlock Park. Rabies vaccinations will be offered for only $5. Residents can also register their pet and get a city license tag for $7. Linda Spurlock Park is located at 6400 Glenview Drive. For more information, please call 817-427-6570. Kudos Korner -Officer Sylvester Collins, Police Department. An email was received from a citizen stating that they saw Officer Collins on the side of the road in 101 degree heat changing a flat for a teenage girl. They were reassured there were still good guys out there and some wear a uniform and a badge. He stated, "thanks to that officer for taking care of one of our kids, it takes a village...and sometimes a hero". H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:57 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 9-28-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. B.2 Subject: PW 2009-036 Award of Project RFB No. 09-041 to Utility Construction Services of Texas, Inc. in the Amount of $782,852.50 for the Construction of the Holiday Lane /Iron Horse Boulevard Water Line Project (UT0806) On August 27, 2009, a Bid Opening was conducted for the Holiday Lane /Iron Horse Boulevard Water Line Project. The project consists of constructing approximately 7,000 linear feet of 16 inch diameter water main as identified in the current Water and Wastewater Master Plan and designated as an Impact Fee project in the current Impact Fee Study. Staff placed the project's contract documents on the City's website. The Purchasing Department's bid page which contained the project's construction documents had "hits" from 44 different entities. Some of these entities were "plan rooms" which also send out project notices to their member contractors. Twenty-three (23) contractors picked up project construction documents from the design engineer (URS Corporation). Staff was pleased by the level of contractor interest in this project. The project received 19 Bids, which were opened during the Bid Opening. The lowest five (5) bids are provided below: CONTRACTOR NAME TOTAL BID Utility Construction Services of Texas, Inc. $ 782,852.50 Bristow Contracting $ 846,642.00 Barson Utilities, Inc. $ 875,678.75 Municipal Utilities, Inc. $ 878,717.00 RKM Utility Services, Inc. $ 887,163.50 A full project bid tabulation follows the project's location map after this cover sheet. Following a review of the firm's references and financial statements, the design engineer recommends awarding the contract to the lowest bidder: Utility Construction Services of Texas, Inc. There was a small irregularity in some of the bid items by three (3) of the contractors, including the low bidder, Utility Construction Services of Texas (UCS). UCS has sent the City a letter indicating the "correction" to their bidding irregularities. UCS's bidding irregularities do not change their ranking as the project's low bidder and the City Attorney has indicated that since the "correction" of the low bidder's bid does not change the outcome, he sees no problem with awarding the bid to UCS. UCS's letter is provided after the bid tabulation. The "correction" to USC's bid results in a net reduction of $8,224.50 to their overall bid, which is obviously a savings to the City. There is sufficient construction funding for this project in the 2008-2009 Capital Projects Budget. Recommendation: Award Bid No. 09-034 to Utility Construction Services of Texas, Inc. in the amount of $782,852.50 for construction of the Holiday Lane /Iron Horse Boulevard Water Line Project and authorize the City Manager to execute such agreement. i ~ r______.~~_____. " _.___ ` ~' ~ ~ ~__ ~ ~ ~ .rr ___~~_ _ ~_____~__TM __~____ - MID-CITIES- BLVD-~----r-~------~.-_ - .,_ --__._._ 1~later Line J {Hoiiday L;n and _~ __.__~._°° Iron Horse Blvd ~ 4~ } fl ' ~ - Z o - .~. -~__~ ._.. r__ ", ~ " _. i __ 1 --_-_ , . ~_ -~ ___ _~~_ __., _- v __ _ . a ~~ ~ _ ; i • > f __T__~ ,~._.__.__~___ ~__ _.. ____ i ____.____ NORTH- ~,4RI C1- f i { ((~ ~ ~ ~ ~, ~, _ _ k ~ ~ 5 ~~ _. .~ " ,, ~ : - I ~ ~ ~ ~~~~ ~.~_ i !) ' --- ---, " r i `k i " j ~~, r -_-,~ .- - -~_ ._-- ~ r r " a= DICK-L-EWIS-DR 111 _~ _. C.- ~ _ t , ,i E ~...1 r I ~' ~} ____~ --_r_- --- '~ ", -_.._ __~_ ____ z ~~ Q~ ~ =~ O "P ~," r----~---- _ ~ .~ LOS a _ _ - _--~--~--~---~ ~- _ _ - -- ~ ? ~I 'i " ( - ~ -- - - I ~ ~ ~ ~ - -~ ...i~ ~ M t ~•+._ , ---- ~ ~ ~. ~ - ~ i ! + ,` ~ II f' J ,. .. f 'c. ~_ 7 ~±~_ f Water Line (Holiday Ln and Iron Horse Blvd) N w' ~ ` - t-: NORTH RI~HL.1hND HILLS Project Locator Map ~ca~e: ~ " _ ~~ uuu' BID TABULATION Holiday Lane and Iron Horse Boulevard 16"Water Line (Mid-Gties Boulevard to Janette Dr.) Utility Constructon Services of Texas Bristow Contracting, LLC garoon Utilkies, Ina Municipal Utilities, ha RKM Utility Services, Inc J.T, Deraner, Inc. P,E,T. Construction, Inc. City of North Richlmd Hllls, Texas Bid Bond Yes Bid Bond Yes Bitl Band Yes Bid Bond Yes lid Bond Yes Bitl Bond Yes Bid Bond Yes Bub Received: 6127109 Add. No. 1 Yes Add. No.1 Yes Add. No.1 Yes Add. No.1 Yes Add. No.1 yes Add. Na.1 Yes Add. No. t Yes ITEM DESCRIPTION OF ITEM UNITS QTY. UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 6' Water Ppe (PYC G904} - AI Depths LF 136 516.00 $2,176. 527.50 83,740.00 526.00 53,536.0 $22.00 52,992. $50.00 56,800. 525.50 53.468.00 519.00 52,584.00 2 8' Water Ppe {PYC G904} - AN Dephs LF 24 SI8.50 $370. S28.W 5560.04 529.00 5580.0 $25.00 5500. 550.00 51,000. 527.50 5550.00 522.04 $440.00 3 10' Water Pipe (FNC G904} - AN Depths LF 26 521.00 5546. 532.00 5204 535.00 5910.0 528.04 5728. 550.00 SI,300. 535.54 5923.00 525.00 $650.00 4 I2"Water Pipe {PVC G990) - AH DepVx LF 191 523.00 $4,393. 535.04 56,685.00 537.49 57,067.0 534.00 56,494. 575.00 $14,325. $31.00 55,921.04 830.04 55,730.00 5 i6"Water Pipe(PVC G905) - AN DepNs LF 6.871 531.00 5213.001. 543.50 5298,888.50 544.00 5302,324.0 546.04 5316,066. 562.00 5426,002. 544.50 $278275.50 549.00 8336,679.00 6 i6"Water Pipe{Ductile Iron} ~ AN DepNs lF IZd 568.00 58,160. 580.00 59,600.04 575.00 59,000.0 $50.00 E6,000. 583.00 59,960. 570.00 58,400.00 565.00 57,800.00 7 16"Water Pipe{PVCG405Iw~30'StaelCasirgandSlanlessSteelSpacers "By Open Gut" • AN Depths ~ 60 $165.00 St3.24D. 5200.00 516,0W.00 5215.00 517,200.0 5180.00 $14,400. 5150.00 512,000. St~.40 514,8D0.09 5150.00 512,040.00 6 16"Water Pipe (PVC G905i vd30' Steel Casirg and StaNess Steel Spacers "By Other Than Open Cut' - Al Depms ~ 230 5235.00 558,750. $400.00 5100,000.00 5460.00 5115,000.0 y150.00 5112,500. 5325.00 $81,250. 5425.00 5106,250.00 5325.00 581,250.00 9 Pipe Fittings (Ductle Iran;. Al Deps TN 16 x,200.00 583,200. 53,900.00 562,400.00 SSA00.00 586,0.0 55,000.00 590,000. 5100.00 51,600. 54,300.00 $68,4.04 53,000.00 546,000.00 10 Trench Salary for Excavalbns> 5' Depth LF 7,202 50.50 $3,601. 51.00 57202,00 $0.75 55,401.5 51.00 57,202. $025 51,800. 50.50 53,601.00 $0.10 $720.20 t 1 YaNe6 hich•Gate- w,'Vake Box - hstall {CompPOe ~ Place, All Deptts} EA 10 $750.00 $7.500. $825.00 58,250.00 51300.04 58,000.0 $800.00 58,000. 5750.00 57,500. 5700.00 57,000.00 5720.00 57,200.00 t2 VakeBlnch-Gate wlVaNe Box- Install ICanple0e h F1ace. All Deplhsr EA 3 $850.00 52.550. 51,050.00 53,150.00 51,000.00 53,000.0 51,100.00 53,300. 51,000.00 53,000. 5975.00 52,925.00 51,100.00 53,300.00 13 Vakel0lnch-GatewNaNeBox-ImtaN{CompeteinPlace,ANDepths} EA 1 51.250.00 $1250. 51,575.06 Sf,575.00 St,650.D0 51,650.0 51,500.00 E1,5o4. 51,500.00 51,500. 81,475.00 SI,475.W 51,600.00 51,600.00 14 Valve 121ndi-Gate w.Nahie Box • IretaN iCompetein Place. AI Dephsi EA 4 51,450.OD 55.800. 51,850.00 57,400.00 SI,850.00 57,400.0 $1,800.00 57,200. 51,800.00 57,200. 51,680.00 56,720.00 51,900.00 57,600.00 t 5 YaMe 16 irKh-G~e w~Yauk d 6" Bypass - MStal (Complete in Place, Ar Depthsi FA 5 515,500.00 577,500. 512,500.00 562,500.04 $12,500.00 562,500.0 510,000.00 550,000. 512,000.00 560,000. $10,800.00 554,000.00 512,500.00 562,500.00 16 Valve-Gate•RemoveaMSakacle(Aldegths ands¢es) EA 15 5540.40 $7,500. $350.00 55,250.00 5200,00 53,000.0 5204.00 53,000, 5100.00 $1,500. 575.00 51,125,00 5130.00 51,950.00 t 7 Fre Hydrant -Install (Complete in Place, All Deptliai EA 8 52.150.00 517200. 52,550.00 520,400.00 52,200.00 517,600.0 52,600.00 520,800. 52.300.04 518,400. 81,880.00 $15,640.00 52,600.00 520,800.00 18 Fee Hydrant -Remove and Sakage (All DtaFths} EA 3 5500.00 $1,500. $350.00 51,050.00 5200.00 5644.4 5200.00 5604. 5300.00 $900. 5125.00 5375.00 5130.00 $390.00 19 Water Servicet Inch-Tap to Main• Install EA 3 $450.00 $1,350. $400.00 51,200.00 5485.04 51,455.0 5500.00 51,500. 5500.00 51,500. 5650.00 51,950.00 5330.00 $990.00 20 Water Service-1 Irkh • Ins1aN {Copper Service line ham Main to Meter) LF 65 56.00 $390. 518.00 51,170.00 510.00 8650.0 $10.00 5650. 511.00 5715. 523.00 51,495.00 511.00 $715.00 21 2"tirReleaseYaNeAssembty{CompleteinPlacel EA 3 57;500.00 522,500. 55,940.00 517,700.04 57,040.04 521,000.0 88,000.04 $24,000. 51,500.00 $22,500. 57,200.00 $21,600.00 58,000.00 324,000.00 22 Standard 4-Fod Die. Precast Saritary Sewer Mar~hoie (Compete Nt Place! EA 1 51,850.00 51,850. 53,600.04 63.600.00 tit,500.00 52,500.0 53,000.00 53,000. 82,500.00 52,500. 53,500.44 63,500.00 52,500.00 52,500.00 23 AsphaRPavementReplacement-Install LF 1,771 525.00 544275. 524.00 $42,504.00 SI7.00 5.30,107.0 $31.00 X4,901. 540.00 $74,840. 538.50 $66,183.50 532.00 556,672.00 24 Conaele Pavement Replacement -Install LF 3,937 532.00 $125,984. 521.50 564,645.50 52225 587,598. $26.00 $102,362. 521.00 $82,677. 529.54 $116,141.50 534.00 5133,858.00 25 Curb Stutter -Remove and Replace LF t 10 SI2.50 $1,375. 530.00 53,340.00 535.00 53,850.0 S25A0 52,750, 520.00 52,200. 525.00 52,750.00 516.00 51,760.00 26 Sidewak • Remae and Replace LF 129 54.50 ~. 525.00 53225.00 520.00 52,580.0 523.00 52,967. 516.00 52,464. 518.00 52,322.00 $8.00 51,032.00 27 Grass-FlyctanukhSewing~ In&Ia0 LF 1,420 53.04 54260. 50.50 5710.04 50.30 5426, 51.00 51,420. 50.50 5710. $2.00 52,840.00 $1.50 52,130.00 28 Grass•Sod-Instal {Match E>ds8ng3 LF 97 53.00 S29t. 55.04 5485.04 5200 5194.0 65A4 5485. 510.00 5970. 515.40 51,455,00 55.00 $485.00 29 Dt4iole 5 b 10 Ft Deph ~ Study EA 3 $500.00 $1,500. 51,140.00 $3,300.IXI 5750.00 52,250.0 5500.00 51,500. 5500.00 51,500. 51,600.00 54,844.04 51,500.04 54,500.00 30 Type 2:27FbwadeFiH GY 359 584.00 529:400. $110.00 538,500. 595.00 533250. 520.00 E7,~ 525.00 $8,750. $95.00 5~,2~•~ 575.00 526,250.00 31 Concrete Encasement -Instal lF 120 $120.00 514:400. 536.04 54,320.00 545.00 55.400.0 $20.00 $2,400. 535.00 54,200. 525.00 53,000.04 529.00 53,484.04 32 Storm Water Polkdan Prevention Plan ~ Than 1 Ac SWPPP-Instal LS 1 51,500.00 51,500. 51,500.00 51,500.00 51,250.00 51250. 52,000.00 52,000. 52,500.00 52,500. $12,000.00 512,000.00 53,400.00 53,400.00 33 Tratlic Control - I~tal (fa Wafer Wodci LS 1 52,500.00 $2,500. 52,500.09 52,500.00 5'9,50D.00 ~,500.0 56,000.00 $8,000. 55,000.00 55,000. 519,000.00 519,000.00 513,000.00 f 13,000.04 34 Afscelaneous Ut9N}rAtawance LS 1 510,000.00 510,000. 510,000.00 $10,000.00 514,0.00 610,000.0 510,040.00 510,004. 510,000.00 $10,000. 510,000.00 510,000.00 $10,000.00 ;14,400.D0 35 MscelaneousPavirgAlbwance LS 1 57,500.00 57:500. 57,500.04 57,500.00 57,500.00 87,500.0 57,500.00 57,500. $1,500.00 57,500. 57,500.00 57,500.00 67,500.00 57,500.00 36 tv4scelleneous LarxlscapeAlbwance LS 1 ~,O(14.00 55,000. ~iA~.04 55,900.00 55,000.04 55,000.0 85,000.00 55,000. 55,900.Q0 65,000. ~+,000.00 65,000.00 65,000.04 55,000.00 TOTAL 5782,852. 5646,642.00 5675,678.7 5878,717. $887,163. 5897,235.50 6848.465.20 PREPARED BY: ROH CHECKED BY: BEL BID TABULATIQN Holiday Lane and Iron Horse Boulevard 16"Water Line IMid•Cities Boulevard to Janette Dr.- Saber Development Corp. URS (Engineer) Salco, Inc, AUI Contractors, Inc. Clrck "C"Construction Rodge~~ ruction GNrSpen, Inc. City of North Richland Hilla, Texas Bid B4ntl Yes Bid Bond Bid Bond Yes fiid Bond Yea Bid Bond Yes Bid Bond Yes Bid Bond Yes Bids Received: AJ2T09 Add. No.1 Yes Add. No.1 Add. No.1 Yes Add ~• 1 Yes Add. No. t Yes Add. No.1 Yes Add. No.1 Yes ITEM DESCRIPTIQN OF ITEM UNITS QTY, UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL CAST UNIT CAST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL CAST UNIT CAST TOTAL CAST 1 6"WaterPipe{PVCG900}-Ml Depths LF 136 $17.00 52,312. $30.00 54,080. 525.28 53,438.0 575.00 510200. $44.00 55,984.0 $26.37 53,586.3 S22A4 52,992. 2 8" Water Pfpe {PVC G9C01-All ~P~ LF 20 $20.00 5400. $35.00 5700. 554.42 51,088. 5209.00 54,000. $46.00 5920.0 $36.45 5729.0 S24.D4 5480. 3 t0"WaterPlpe(PVCC•900)-AIIDepths LF 26 $24.00 5624. $40.00 (1,040. 553.69 51:396.94 590.4(1 52,344. $46.00 51,248.0 $43.74 51,137,2 f30.00 Sly. 4 12"WaterPipe(PVCC•900}-AIIDegths LF 191 $39.90 57,449. $45.00 58,595. 536.56 (6,98'1.96 X5.00 St8,t45. $50.00 x,550.0 $45.45 $8,680.8 531.00 55,921. 5 16" Water Pqe (PVC C-905) - AN Depths LF 6,811 $63.75 $438,026.2 $50.00 $343,550. 548.03 $330,014.1 $56.00 $334776. $52.00 5357,292.0 $47.55 5326,716.0 544.00 x302,324. 6 16" Water Pipe {Ductile Iron) -All Depths LF 120 $82.00 (9,640. $55.00 56,600. 561.49 $8,096.80 $72.00 (8,640. $85.00 510,200.0 $74.80 59,976.0 364.00 $7,680. 7 16" Water Pipe {PVC G945} va~`30" Steel Casing and Stainless Steel Spacers ~y Open CU" - AN Depths LF 84 5159.00 512,720. 5150. E12,000. 5204.56 516,364.8 5189.00 514,400. f126.00 $9,600.0 5209.70 516,176.0 1154A0 $12,320. 8 16"Water Pipe (PVC G9051'~'30' Steel Casing and Stainless Steel Spacers "By Other Than Open Cut" - Al Depths LF 250 5425.00 $106,250. 5304. 575,000. 5450.80 $112,700. 5335.40 583,750. 5300.00 $75,000.0 5527.60 $t3t,900.0 $392.00 $98,000. 9 Pipe Fittlrgs {Ductile Iron) • Al Depts TN 16 51,400.00 522,400. 54,000.00 564,(100. $4,919.98 518,719. Sd,100.00 565,600. 56:000.00 596,400.0 54,769.89 576.318.2 5&,200.00 $99,200. 10 Trench Salety for Fxcavatbns ~ 5 Depth LF 7,202 11.00 57,202. St.00 57,202. 51.20 58,642. St.00 57,202. SI.00 57,202.0 52.51 518,077.0 54.50 $32,409. 11 Valve-6lnch-Gale v~'VaNe t3rnc - lruWN (Complete h F1ace, AIf Depths) EA 10 5675.00 56,750. (750.00 57,500. 5596.67 f5,966.70 5700.00 57,000. 5650.00 56,500. 51,214.99 512,149.9 5660.00 (6,600. 12 Vahe-A Inch Gate- ~'Yake Box • I~faN (Compete in Place, All Depthsl EA 3 5945.00 52,8. 5900.00 (2,700. (86422 52,592. (900.00 52,700. (900.00 E2,704. 51,487,51 54,462.5 5910.00 52,730. 13 Valve-101nch-Gate-w'VaNeBox-Install{CanpleteinPlace:NDeptttss EA I 51.325.00 51.325. $1,250.00 $1,250. $1,261.63 (1,261.63 51.409.00 51.400. 51,300.00 51,300.0 (1,917.48 $1,917. 51,320.00 (1,320. 14 Valve-121nch-Gate-wdVdveBox-Install(CompleteinPlace,NDepths} EA 4 51,625.00 56,500. 51,750.00 57,400. 51,470.83 55,883.32 52,000.40 56,000. $1,500.00 56,000.0 f2;138.51 18,554A 51,530.00 56,120. 15 Valve-161nch•Gate-1wVaWt 8 6" By-pass - Install dCampbte in Place, AN Depths} EA 5 510,400.00 552.000. 512,500.00 562,500. 510,548.03 552,740.15 512,440.00 562,0011. 515,040.00 575,000.0 513,259.84 566,2992 511,700.00 $58,500. 16 Valve-Gate • Remove and Salvage {All depths and saes) EA 16 5125.00 51,875. 5500.00 57,500. (291.01 (4,365.15 (300.00 54,500. (150.09 52,250.0 5333.53 55,002.9 $150A0 52,250. 17 Fire Hydrant - InstaN (Compete in Place, AI Depths) FA 8 52.150.00 517.200. 52,500.00 520,000. $1,990.11 515,840.88 53.000.00 524.000. $2.000.00 $16,000.0 53,059.15 $24,713.2 51,700.40 $13,600. 18 Fire Hydrant • Remove and Salvage (AN Depths) EA 3 5275.00 5825. 5500.00 51,500. (214.54 5643.6 5350,00 SI:050. 5600.00 51,800.0 5261.82 5785.4 5150.00 5450. 19 WaferSeNice~tlnchTapbMain-InstaN EA 3 5550.00 51,654. 5500.00 51,500. $372.94 51,118.82 5730.00 52,190. 5400.00 51,200.0 5655.81 51:967.4 5515.00 51,545. 20 Wafer Service tInch- Install (Copper Service Linehan Main to Meter! Lf ~ $40.00 52,600. $25.~ 51;625. 532.10 52,086.50 $37.00 52405. $24.00 51,560.0 $31.30 $2,034.5 520.00 51,300. 21 2"AirReleaseYalveAssemdy(CampteteinPlace) EA 3 56,540.00 519,500. 55,000.00 EI5,000. $6,680.25 520.040.75 57:600.00 522.800. 57500.00 522,500.0 58.606.69 (25,826.0 57,400.00 522,200. 22 Standard 4frod Dia. Pre-Cad Sar~ary Sewer Manhde ICompete in PWcel EA 1 52,649.00 52.600. ;2,500.00 52,504. $2;657.49 52,657.49 53,000.00 53.000. 52,840.00 52,800.0 54,542.70 (4,542.7 54,770.00 yt,170. 23 Asphal Pavemert Replacement - InstaN LF 1,771 523.00 540,733. $30.04 553,134. 544.88 579,482.48 $46.00 581:466. $26.40 546,046A $44.41 578,650.11 553.46 593,863. 24 Concrete Pavsmsnt RepaCemed - InslaN LF 3,937 $27.40 5106,299. $50.00 5196,850. 545.20 $177,962.4 532.00 $125,984. $55.00 5216,535.0 $41.81 5164,645.9 552.00 5204,724. 25 Curbd Gutter-Remove and Replace LF 114 $22.00 52,420. $25.04 f2;750. 538.84 f4,272A $28.00 13.080. $25.00 $2,750.0 $36.78 $4,045.8 (31.00 53,410. 26 Sidewak - Remove and RepWoe lF 129 521.00 12;709. $25.00 (3,225. 539.86 55:141.94 528.00 (3,612. $20.00 52,589.0 57.01 59042 520.00 ;?,580. 27 Grass-tiydromUch Seeding • Install LF 1,420 10.40 1568. 52.00 52,840. 55.49 (7,195. 53.50 (4,970. 55.00 57,100.0 SI.B5 52,627.0 $1.50 52,130. 18 Grass-Sod • tretal {Match Existing! LF 97 13.50 5339. 15.00 1485. 522.34 (2166.9 16.00 5582. 57.00 5679.0 $24.96 $2,421.1 (10.00 1970. 29 Dehoke-5b 10 Ft Depth- Sitxy EA 3 5650.00 $1,950. 51,500.00 54,504. 5274.75 5824.25 51;2x00.00 13:604. 51,000.00 53,000.0 5513.07 51,53921 11,009.09 53,000. 3d Type 2:27FIUwaWefill CV 350 $20.40 57,000. $75.00 $26;254. $80.48 $28,168. 5130.00 545500. $85.00 529,750.0 $11123 538,930.5 5130.00 $45,500. 31 Concrete Encasement- Instaa LF 120 $40.40 54:804. $50.90 56,(100. 58.97 ;1,076.40 $38.00 54,560. $45.00 (6,400.0 $60.33 57,239.6 567.00 $8,040. ?2 Storm Wafer PoNUbn Preverdbn Plan ~ Than 1 Ac SWPPP -Instal LS 1 1950.00 1950. $10,000.00 510,000. 55,623.19 55,623.1 52,040.00 12,000. 58,000.00 58,000.0 $6;959.44 16,959. $7,400.04 17,4• 33 Tralfic Control • InstaN (br WaterWorkl LS 1 810,000.00 510,000. 525,000.00 525,000. 126,810.29 526,810.2 58.000.00 58,000. 525,000.00 $25,000.0 (3,/03.08 53,403.0 512,500.00 $12,500. 34 Miscegar Ut4ily ANowance LS 1 $10;000.00 510,000. 110,000.00 $10,000. 510.004.00 (10,000.0 $10;000.00 510,000. 510,000.00 510,000.0 510,000.00 510,000.0 510,000.00 $10,000. 35 MiscellaneousPavirgAtowance LS 1 57,540.00 57,500. 57,500.00 37,500. $7,500.Q0 57500. $7,500.00 57,500. 17,500.00 57.500.0 37,500.00 $7,500.0 $7,SOOA0 51,500. 36 MisceNarreotslartdscapeAlowance LS 1 55,009.00 55.000. 55:000.00 35,000. 55:000.00 (5,000. 15,000.00 f5,000. (5:000.00 $5,000. 55,000.00 55,000.0 15,000.04 $5,000. TOTAL 5923,151.7 51,006,872. 51,444,456. 51,445,952. $1,081,946.0 51,084,978.4 51,090,108. PREPARED BY: ROH CHECKED BY: BEl BID TABULATION Holiday Lane and Iron Horse Boulevard 1&" Water Line (Mid-Cities Boulevard to Janette Dr.) Dickerson Construction Company, tnc, W.R. Hodgson Ca LP Jackson Construction, Ltd Atkins Bros. Equipment Co., Inc. SYB Construction Company, Inc, City of North Richland Hills, Texas Bid Band Yes Bid Bond Yes Bid Bond Yes Bid Borth Yes Bid Bond Yes Bids Recsmed: 8!27!Og Add. No. 1 Yes Add. No.1 Yes Add. No. t Yes Add. N0.1 Yes Add, No. t Yes ITEM DESCRIPTION OF ITEM UNITS CITY. UNIT COST TOTAL COST UNIT GOST TOTAL COST UNIT GOST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 6"Water Pipe (PVC G900) -All Depths tF 136 $42.50 $5,780. $36.00 $4,896.0 $37.00 $5,032.0 $40A0 $5,440. $50.00 $6,800. 2 8" Water Pipe {PVC G900) - At Depths LF 24 $44.50 $B90. $38.00 $760.0 $41.00 $820.0 $50,00 $1,000. $53.00 $1,060. 3 10" Water Pipe {PVC G900) -All Depths LF 26 $47.50 $1;235. $45.00 $1,170.0 $49.00 $1,274.0 $60.00 $1,560. 561.50 $1,599. 4 12" Water Pipe {PVC G900) -All Depths LF f91 $54.50 59,645.50 $43.00 $8,213.0 $49.00 59,359.0 $65.00 $12,415. 563.00 $12,033. 5 f 6" Water Pipe {PVC G905} -All Depths LF 6,871 559.00 $405,389. $55.00 $377,905.0 $58.00 $398,518.0 $81.00 5556,551. 582.50 $566,857. 6 16" Water ~ {Ductile trop) -All Depths LF 120 568,00 $10,560. $75.00 59,000.0 $75.00 $,4,000.0 $99.00 $11,880. 592.00 $11,040. 7 16" Water Pipe {PVC G905} ya+30" Steel Casing and Stainless Steel Spacers "By Qpen Cut" • AM Depths ~ ~ $175.00 514,000.00 $150.00 $12,000.0 5270.00 521,600.0 S15D.DD $12,000. $205.04 $16,400. 8 16" Water ~ (PVC G905} v~,30" Steel Casing and Stainless Steel Spacers "By Othef Than Open Cut" -All Depths LF 250 $350.00 $87;500.00 $400.00 $100,000.0 5455.00 $113,750.0 $340.00 $85,000. $535A0 $133,750. 9 Pie Fittings {Ductile Iron) - AB Depts TN 16 $4,500.00 $72,004. 54,000.00 564,400.0 57,500.00 $120,000.0 52,000.00 $32,000. 54,335.00 $69,364. 10 Trench Safety fa Excavatbns > 5' Depth LF 7,202 $2.00 $14,404. $0.50 $3,601.0 St.OO 57,202.0 53.00 $21,606. 5025 $1,800.5 I1 Valve-6Inch-Gate- ~NaNe Box - Ir~tall (Compl~e in Place, All Depths} EA 10 $700.00 $7,000. $750.00 $7,500.0 5650.00 $6,500.0 $900.00 $9,000. $715.00 $7,150. 12 Vahre•81ncfFGata ~~VaNe Box- Install {Compl~e in PI~e, AlI Depths) EA 3 $900.00 52.700. 51,000.00 $3,000.0 $950.00 52,850.0 $1,100.00 $3,304. 51,000.00 $3,000. 13 Valve-t0lnch-Gat~v~NahreBox•Instat{CompletenPlace;AtDepths) EA 1 $1,300.00 51,300. 51,600.00 51,600A 51,400,00 51,400.0 51,700.06 $1,700. $1,500.00 $1,500. 14 Vahre-12 Inch-Gate• v~~Valve Box- Ir~tap (Complete In Place, AN Depths} EA 4 $1,600.00 56;400. 52,000.00 58,000.0 51,700.00 56,800:0 $2,200.00 $8,800. $1,800.00 $7,200. 15 Valve-46 InclrGate• v~Nault 8 6" By-pass • Install (Complete in Place, All Depths} EA 5 $13,500.00 $67;500. $11,000.00 555,000.0 $15,000.00 575,000.0 512,000.00 $60,0. $11,200.00 $56,000. 16 Valve-Gate- Remove and Sahrage (At depths and s¢es) EA 15 $604.00 59;000. 5200.00 53,000.0 5204.00 53,000.0 5300.00 54,500. $325.OD 54,875. 17 Fire Hydrarrt -Install (Complete in Place, AN Depths) EA 6 53,000.Qp 524,000. 52,500.00 520,000.0 $2,500.00 520,000.4 52,700.04 $21,600. 52,750.00 522,000. 18 Fire Hydrar~ • Remove and Salvage IAII Depths) EA 3 51,000.00 $3,000. $200,00 $600.0 5300.00 $900.0 $100.04 5300. $175.00 $525. 19 Water Service-1lnch-TapfoMain-Install EA 3 5500.00 $1,500.00 $600.00 $1,800.0 $850.00 $2,550.0 $200.00 $600, $325.00 $975. 20 Water Service-1 tech -Install (Capper Service Lhefrom Main to Meter) LF 65 530.00 51;950. $13.00 5845A0 $20.40 51,300.0 $17.00 $1,105, 516.00 $1,040. 21 2"Air Release ValveAssemt>ty(CompletelnPlace} EA 3 $6.000.00 518:000. 57,500.00 522,500.0 58;500.00 525,500.0 $1,900.OD $5,700. $7,950.00 $23,650. 22 Standard 4Fod Dia. Pre-Cast Sanitary Sewer Manhole (Complete in Place) EA 1 $3,000.00 $3,000. 52,800.00 $2,800.0 53;500.00 53,500.4 54,500.00 $4,500. $3,000.00 $3,000. 23 Asphalt Pavement Replacement - Ir~tall LF 1,771 $25.00 $44,275. $42.50 575,267.5 $40.40 570,840.0 $28.00 $49,588. 535.75 $63,313. 24 Concrete Pavement Repl~emerri - Instan LF 3,937 542.50 $167,322. $49.50 $194,881.5 $40.00 5157,480.0 $26.00 5102,362. $27.00 5106,299. 25 Curb 8 Gutter - Remae and Replace LF 110 540.00 54,400. $27.50 53,025.0 $25,OD 52,754.0 $34.00 $3,740. $3025 $3,327. 26 Sidewak • Remove and Replace LF 129 530.00 53,870. $27.50 53,547.5 $15.00 $1,935.0 $30.00 $3,870. 516.00 52,064. 27 Grass-Hydromu~hSeeding- Instalt LF 4,4211 $2.00 52;840. $1.40 $1,988.0 $4.00 55,684.0 50.5D 5710. $1.00 $1,420. 28 Grass•Sod - Irstat (Match Fxistirg) LF 91 St 0.00 5970. $20.00 $1,944.0 58.00 $776.0 $10.00 $970. 57,50 $727. 29 Detrole•5totOFtDepth-Study EA 3 $1,500.40 54,5()0. 5550.00 51,654.0 $2,000.00 56,000.0 5500.00 $1,500. $530.00 51,590. 30 Type 2,27 FbwaWe fill CY 350 5150.40 552,500. $85.00 529,750.0 $85.00 529,750. $210.00 $73,500. $15.00 $26,254. 3t Concrete Erx:asement - Install LF 120 $40.00 54,800. $30.00 53,600.0 $53.00 $6,360.0 $10.00 $1,200. 525.OD 53,000. 32 Storm Water Palkdan Prevenian Pin r Than t Ac SWPPP - IrataA LS 1 55,000.00 55,000. $67,000.00 567,000.0 57,500.00 57,500.0 54,000.00 $4,000. 57,500,00 57,500. 33 Traffic Control - lnstat (for Water Work} LS 1 $16,800.00 516,800. 58,200.00 $6,200.0 $12,000.00 512,000.0 56,000.00 $6,000. 510,000.00 $10,000. 34 Miscellaneous lnarty Alkrwance LS t $10,000.00 510,000. $10,000.00 510,000.4 Sf0,000.00 510,000.0 510,000.00 $10,000, 510,000:00 $10,000. 35 Miscellaneous Paving Atowar-ce LS 1 57,500.00 $7,500. 57,500.00 57,500.0 57,500,00 57,500.0 $7,500.00 $7,500. $7,500.00 57,500. 36 Miscellaneous Landscape Albwance LS 1 $5,004.00 $5,000. 55,040.00 55,000.0 $5.000.00 55,000.0 55,000.00 $5,000. 55,000.00 $5,000. TOTAL $1,096:531. $1;121,539.5 $1,159,426A $1,130,497. 51,199,806. PREPARED BY: RDN CHECKED BY: BEL ~~~~r R.~~ ~~d Cf~r~f~ca~~n '; t~tili ~ar~stru,~ `can ~ervc~s of ~'ex~s ~c~ t~~ St~~rd 17~r. ~sr~r~d ~rx'7~~ ~~ac~ ~ 97~-27Z-~~~ Fax 9T~~''T7 ~'~; ~€ty ~ N~rtl~ Rct~lar~~ ~i~l~ ~~~ C1~r~fic~~fa~s for t~~ ft~~lo~w~~~ item: [tam: ~~ eras written as $7p~l.pp it ~r~s oar #nt~nt to did $75pp.pp ea Item. 2fi ~sas wr~~~ as ~s~rt~ ~~r~ d o~l~rs are it ~~o~~d h~~v~ ~~ ~ou~- doi~ars a~c~ ~ft~ ~t~ ~~~° =i~e~r ft. ~~ ~t~ sorr~r ~r ~~~ In~v-n~rieri~+~, if yon need additivn~~ ~r~Fermat~c~~ ~~ have adc~~tt~nal ~~estix~~t~, please f~~l free ~o cal rn~r ~~n ~~~en Pr~~e~ !'~~nager Z~4~~3-~~~~ ~fr~rilanat W~tf~n~r~'R~ac,~ a€~s~T:r~r-~fr~~~`~'xcavat~rrn~,~fr~~'ap,~~'S~r~~# ~Tp~r~~vt~'~rrr~~`~c~r S~J~~~ar~r eptel~ber ~~, ~~~~ I1JRIlCe~.U'rt[5~~ ~.~. Managing Directar - C~ev~laprment ~errri~es ~ oaf ~art~ F~ichtand Hills 73(~~ 1~,~. Loop ~~g North Richland ~lill~, Taxas ?~~8c~ ate; CT''If CAF' Nt7~TN R~~L..~-lwtD ~{LLB H[~L.~D~'-Y L~1~11` ,AMID 1R~~ H~3R~~ ~~D~~~VARD ~ 6" ~i"lii'ATER LAVE ~',~"~ ~ItII1L~~t"~'1~5 E~iD~~~1~11~-I~D T~ ~~~~~ D~~~~~ TAULA'~ItJ- ~~' ~it~ ~1ND F~~~C~III~'INDAT~C~I ~~ AWARD Dear Cdr. C~rtGS: bids were reeei~ed an August Z~', 2~30g frr~rn eighteen {1$} aantractars far the ab©ve referenced p~ro;ect. ,~ detailed: bird i~+btaletic~r~ si'ra~~ing ell the items of canstructior~ ar~d unit prices bid b~ each cvnt~'a~:tar, including the engineer's ~piniar~ of probable cvnstructian cast ~~PCC) is attached, 'C'h~;re were ~ fe~~ mathematical errors contained in the. bids; ~rhi~t~ heve been identil•ied and corrected ran the bid tabt~latorts. The Ict~r bid far tl~tis prajecf was submitted by Utifity ~anst~`uctit~r~ deices of Te~cas, lnc. ~1~~~} in the amount of $7$2,~5.~C1. t~~S' bid contained ~ few mathematical errt~rs, v~hich resulted in an au~erall redu+~tian cif their recorded bid by ~,~24.~~}. The attached letter frarn 1J~S addresses ebkrtaedgernent df these errors. Tl~e hi~l~ bid was submitted by ~'1r' ~ar~strt~ctior~ ~arr~par~y! Inc,. in the amount. of `1,~~9,8g~.2~. T'he ~:r~gir~eer's ~'~C r~ras ~-'l,gU~,~7~, as dented in the attached bid tabulation. I~1~5 has contacted several of the ref~ren~:es pra~ided b~- t3~. based an the feedbaclt received, ~~e recamn~end award ~f this contract tea l~tility ~or~stz'uctian Services of Texas, Inc., 702 Shepherd Dr,, ~arlar~dR TIC 7`5f~~~ in the amaur~t of ~'$Zf$,~2.ISI~. e varill be available to attend the next contract ev',€erd Council r~eekin~ to assist you u~rith ansvrers to any questions ravhich the Council rr~ay have i~or~cerning this pra~ect. Sincerely, L~RS Corporation e ~rer~t E.. Lswis, ~". ~: I~ra~eet t~9anager SEL:rh Enclosures l~~"~ 4~r~rp~c~~i~r V`dat~r ~~~d~rr~~ ?i~c~ ~:~)I,3 ~:~15f ~:w~'s~t8 fit,,, ~Ji~3' ~a~ ~'~I; ~11,~~C~.1CC~{3 Fix: 8'i.:7. ~~s~..~~+~'l. CITY OF NORTH R/CHLAND HILLS Department: Parks and Recreation Presented by: Bill Thornton Council Meeting Date: 9-28-2009 Agenda No. B.3 Subject: PU 2009-032 Award Bid No. 09-002 to American Landscape Systems in the amount of $234,286 for Construction of the Grand Avenue Park Plaza The 2008/09 Adopted Parks and Recreation Capital Improvement Program Budget includes funding for the design and construction of a park plaza to be located adjacent to the Public Library between Courtenay and Grand Ave. Additionally, a separately funded project to provide minor landscape modifications and the introduction of five small brick columns at the terminus of Walker Street in front of the Library was included as an alternate. These columns, or bollards, will provide an added level of protection for the Library from the possibility of vehicles failing to turn at Grand Avenue. The Grand Avenue Park project provides irrigation, turf, landscaping, concrete plazas, park benches and other park plaza related amenities. The space will compliment the area development and provide a perfect setting for outdoor book readings, art shows and general passive use. One of the highlights of the space will be a significant piece of art, funded by a separate CIP project, designed by Barbara Grygutis to be installed in January 2010. Competitive Sealed Bids were received from 12 contractors on September 10, 2009. Contractors were requested to provide a basic proposal bid amount and seven alternate proposals which were included to determine the value of specific project elements and assist in developing a construction contract within our available funding. Alternate proposals included: No. 1 - Enhanced spread footings in lieu of drilled piers for seat walls & steps. No. 2 - Aggregate concrete finish in lieu of decorative recycled glass finish. No. 3 - Traditional reinforced concrete in lieu of macro-fiber concrete. No. 4 - Addition of ten (10) 6' park benches on concrete pads. No. 5 - Solid sod Zoysia grass in lieu of seeding Bermuda. No. 6 - Solid sod Bermuda in lieu of seeding Bermuda. No. 7 - Masonry, concrete, and landscape for brick columns & landscaping at Library. Pricing was provided as follows: Bldd@lr Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Alt. 6 Alt. 7 Total Drilled Piers Concrete Traditional Adddional park Solid Sod Solid Sod Library Base + Alternates 3, 4, Finish reinforced furniture Zoysia Bermuda bollards 6 and 7 conc~te American Landscape $208,758.00 $<5,600.00> $<5,718.00> $<5,500.00> $15,000.00 $12,000.00 $3,000.00 $13,028.00 $234,286.00 Systems C. Green $237,857.00 $<3,132.00> $<3,312.00> $4,200.00 $17,800.00 $6,622.00 $3,612.00 $7,159.00 $270,628.00 Scaping Forecon $242,300.00 $<5,661.00> $<26,802.00> $4,432.00 $22,211.00 $10,846.00 $<710.00> $8,368.00 $276,601.00 Services, LLC Ratliff $252,880.00 $<5,634.00> $<20,000.00> $<1,500.00> $16,925.00 $18,012.00 $5,772.00 $9,149.00 $283,226.00 Hardscape COIe $264,833.00 $<6,200.00> $<3,200.00> $<660.00> $17,700.00 $8,200.00 $2,600.00 $13,200.00 $297,673.00 Construction The Fain Group $274,158.00 $<9,884.00> $<6,066.00> $2,934.00 $1,587.00 $16,872.00 $16,872.00 $22,956.00 $318,507.00 JDC $277,600.00 $<3,500.00> $0.00 $0.00 $20,000.00 $5,250.00 $0.00 $10,000.00 $307,600.00 Construction Henneberger $282,000.00 $<3,300.00> $o.oo $2,000.00 $1a,5oo.00 $18,000.00 $s,ooo.oo $23,000.00 $327,500.00 Construction Northstar $299,000.00 $<2,000.00> $<4,000.00> $500.00 $17,000.00 $17,000.00 $7,000.00 $15,200.00 $338,700.00 Construction S.P.S. D. $310,548.00 $<5,250.00> $<19,000.00> $<5,900.00> $19,035.00 $10,360.00 $1,575.00 $12,025.00 $337,283.00 AUI Contractors $318,000.00 $<3,290.00> $<2,850.00> $7,500.00 $20,500.00 $3,900.00 $100.00 $13,065.00 $359,165.00 Reeves Construction $324,400.00 $<2,250.00> $<3,350.00> $4,350.00 $14,575.00 $11,475.00 $<700.00> $14,200.00 $356,825.00 SerVlceS After evaluating the bids received, staff recommends executing a contract with American Landscape Systems, selecting their base bid plus Alternates 3, 4, 6 and 7 for a total cost of $234,286. Accepting these alternates to provide traditional reinforced concrete, additional park furniture, Bermuda sod in lieu of grass seed and the brick columns and landscaping at the library (funded by an alternate source), provide the best value to the City of North Richland Hills. $261,190 is available for construction of the Grand Avenue Park Plaza project and $15,000 is available for the landscape and brick column improvements at the Library. Considering the alternate funding source for the library bollards, awarding the base bid along with alternates 3, 4, 6 and 7, in the amount of $234,286, leaves a remaining balance of $39,932 in the Grand Avenue Park project to be used for materials testing, park signage, electrical work, banners and a project contingency. American Landscape Systems is a Lewisville based company that has successfully completed several comparable projects in the DFW area such as Summit Park located within the Southlake Town Center. Recommendation: To award Bid No. 09-002 to American Landscape Systems in the amount of $234,286 for construction of the Grand Avenue Park Plaza project. /~ _J J Q W v COURTENA Y ST, v o e CITY OF NORTH RlCHLAND HILLS Department:. City Secretary Presented by: Council Meeting Date: 9-28-2009 Agenda No. C.0 Subject: PUBLIC HEARINGS No items for this category. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-28-2009 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. C/TY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 9-28-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2009-037 Approve Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Establishing Regulations for Erosion and Sediment Control -Ordinance No. 3070 The National Pollutant Discharge Elimination System (NPDES) program is a federal regulatory program that was established to control discharges of pollutants into surface waters of the United States. The Texas Commission on Environmental Quality (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) program now has federal regulatory authority over discharges of pollutants to Texas surface water, with the exception of discharges associated with oil, gas, and geothermal exploration and development activities, which are regulated by the Railroad Commission of Texas. In order to regulate the TPDES program statewide, the TCEQ initially developed a "phase approach" whereby large cities and large area construction sites would be affected first. As such, initially only those municipalities that had populations in excess of 100,000 or construction sites that exceeded five (5) acres had to comply with the TPDES regulations. This is commonly referred to as "Phase 1" and the cities initially affected by these TPDES regulations are referred to as "Phase 1 cities". In August 2007, TCEQ began the second phase of their TPDES compliance process. This new phase, Phase 2, affected smaller cities and construction sites less than five (5) acres. Cities with populations between 10,000 through 100,000 were now being affected and were required to obtain a storm water discharge permit from the TCEQ. The City of North Richland Hills obtained its discharge permit in 2007. All discharge permits were approved by the TCEQ for a five (5) year period. During this five (5) year period, cities were to develop a stormwater plan that addresses the six (6) "minimum control measures" identified by the TPDES. These "minimum control measures" are essentially best management practices (BMPs) which upon implementation are designed to prevent storm water pollution to the maximum extent practicable. Specifically, the six (6) minimum control measures of the TPDES Program are: 1. Provide public education and outreach 2. Obtain public involvement/participation 3. Detect and eliminate illicit discharges 4. Control construction site stormwater runoff 5. Manage post-construction stormwater in new development areas and redevelopment areas 6. Prevent pollution and adopt good housekeeping measures for municipal operations One of the tasks identified in the City's stormwater management plan (and mandated by the TCEQ) is that the City create and adopt an "Erosion and Sediment Control" Ordinance. Staff has worked with the City Attorney's office and other cities to draft the enclosed Ordinance which upon approval will be included as Article VI: "Erosion and Sediment Control" in Chapter 102: "Floods and stormwater Management" of the North Richland Hills Code of Ordinances. The enclosed "Erosion and Sediment Control" Ordinance provides for the following: • Regulates land disturbance activities (development) that are greater than one acre. The one acre site is the maximum area that the state will allow to be disturbed without falling under the TPDES requirements. Such land disturbance activities will require adeveloper/property owner to obtain a permit for such work from the City. • Allows land disturbance activities less than one acre to occur without an Erosion and Sediment Control Plan; however, the construction must utilize the appropriate best management practices so as to prevent sediment run off from the construction site. The Ordinance incorporates the minimum requirements allowed by the State/TCEQ. The TCEQ has placed the burden on local entities to insure that their regulations are complied with statewide. In order for local entities such as the City of North Richland Hills to enforce these regulations, the City has to adopt the appropriate ordinance(s). The enclosed Ordinance complies with the TCEQ's regulations. The "Erosion and Sediment Control" Ordinance was presented to the Planning and Zoning Commission at their regularly scheduled meeting on September 17, 2009 and the Commission unanimously recommended approval of the Ordinance. Additionally, the City Attorney has reviewed the Ordinance and requested a few small changes. Staff has made the City Attorney's requested changes and the City Attorney is now satisfied with the enclosed Ordinance. Recommendation: Approve Ordinance No. 3070. ~~ ORDINANCE NO. 3070 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE NORTH RICHLAND HILLS CODE OF ORDINANCES (2003), AS AMENDED, BY ADDING A NEW ARTICLE VI, "EROSION AND SEDIMENT CONTROL" TO CHAPTER 102 "FLOODS AND STORMWATER MANAGEMENT"; REGULATING EROSION AND SEDIMENT CONTROL/GRADING; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY. WHEREAS, the City Council is of the opinion that erosion and sediment control/grading should be regulated and to do so is in the best interest of the citizens of the City of North Richland Hills; WHEREAS, the City deems it necessary to adopt an ordinance to maintain and improve the quality of surface water and groundwater in the City, and to prevent the discharge of pollutants and other harmful or inappropriate substances into those waters; WHEREAS, during the construction process, soil is highly vulnerable to erosion by wind and water and eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species; WHEREAS, eroded soil also necessitates the repair of sewers and ditches and the dredging of lakes; WHEREAS, the City desires to promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of certain development or other activity that disturbs or breaks the topsoil or results in the movement of earth or land in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Chapter 102, "Floods and Stormwater Management" of the North Richland Hills Code of Ordinances is hereby amended by adding a new Article VI, "Erosion and Sediment Control" to read as follows: "ARTICLE VI. EROSION AND SEDIMENT CONTROL DIVISION 1. GENERALLY Secs. 102-292--102-330.. Reserved. DIVISION 2. PURPOSE AND INTENT Sec. 102-331. Introduction and Purpose. During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality, and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches, and the dredging of ponds, lakes and other drainage facilities. In addition, clearing grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat, and to provide a healthy living environment for citizens of the City of North Richland Hills. As a result, the purpose of this local regulation is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the City of North Richland Hills, Texas. DIVISION 3. DEFINITIONS Sec. 102-332. Definitions. When used in this Article, these terms shall be defined as follows: Applicant. Any person who submits an application to the City for a permit pursuant to this Article. Best Management Practices (BMP). A technique or series of techniques which are proven to be effective in controlling runoff, erosion, and sedimentation. Clearing. Any activity that removes the vegetative surface cover. Developer. Any person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity. Drainage Way. Any channel that conveys surface runoff throughout the site. Erosion Control. A measure that prevents erosion. Erosion and Sediment Control Plan. A plan or set of plans which includes a set of best management practices (BMP) or equivalent measures prepared by a licensed engineer indicating the specific measures and sequencing to be used to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with the specific requirements set forth in this Article. Excavation. The mechanical removal of earth material. Fill. A deposit of soil or other earth materials placed by artificial means. Final Erosion and Sediment Control Plan (Final Plan). The Erosion and Sediment Control Plan approved by the City which includes permanent measures and best management practices (BMP) to control surface runoff and control sediment if not included in the Erosion and Sediment Plan. Grade. The vertical location of the ground surface. Existing grade is the grade prior to grading. Rough grade is the stage at which the grade approximately conforms to the approved plan. Finish grade is the final grade of the site which conforms to the approved plan. Grading. Excavation or fill of material, including the resulting conditions thereof. Land Disturbance Activity. Any land change that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters, lands, or rights-of-way within the City of North Richland Hills, including but not limited to building demolition, clearing and grubbing, grading, excavating, transporting and filling of land. Land disturbance activity does not include the following: (1) .Minor land disturbance activities including, but not limited to, underground utility repairs, home gardens, cemetery graves, minor repairs, and maintenance work which disturbs less than five hundred square feet (500 SF) of land. (2) Installation of fence, sign, telephone, and electrical poles and other kinds or poles. (3) Emergency work to protect life, limb, or property and emergency repairs. If 'the land disturbing activity would have required an approved Erosion and Sediment Control Plan except for emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this Article. Notice of Intent (NOI). A form provided by the Texas Commission on Environmental Quality (TCEQ) completed by a licensed engineer which indicates a proposed land disturbance activity. Notice of Termination (NOT). A form provided by the Texas Commission on Environmental Quality (TCEQ) completed by a licensed engineer when there is a change in operator or developer or the land disturbance activity has been completed. Perimeter Control. A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. Qualified Personnel. Persons who possess the appropriate competence, skills, and ability (as demonstrated by sufficient education, training, experience, and/or, when applicable, any required certification or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally-accepted industry standards for such activity. The permit applicant is responsible for providing qualifications to the North Richland Hills' Public Works Department and the Engineering Division or the Public Works Operations Manager has the authority to approve or deny the qualifications of personnel. Runoff. Any rainfall, snowmelt, or irrigation water flowing over the ground. Sediment. The soils or other surficial materials transported by surface water as a product of erosion. Sedimentation. The process or action of deposition sediment that is determined to have been caused by erosion. Sediment Control. The Best Management Practices (BMP) or measures that prevent eroded sediment from leaving the site. Site. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. Site Development Permit. A permit issued by the municipality for the construction .or alteration of ground improvements and structures for the control of erosion, runoff, and grading. Stabilization. The use of practices that prevent exposed soil from eroding. Start of Construction. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages. Watercourse. Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City. Waterway. A channel that directs surface runoff to a watercourse or to the public storm drain. DIVISION 4. PROCEDURES Sec. 102-333. Permit Required. (a) A Site Development Permit shall be required for land-disturbing activities that will uncover one acre or more of land. No land-disturbance may commence on activities that require a Site Development Permit until the permit has been issued by the City, except where allowed by this Article. (b) No Site Development Permit shall be granted without an Erosion and Sediment Control Plan approved by the Engineering Division or the Public Works Operations Manager. (c) No Site Development Permit is required for: (1) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or (2) Existing nursery and agricultural operations conducted as a permitted main or accessory use; or (3) Any land disturbance activity occurring on a site of less than one acre. (d) Each application for a Site Development Permit shall contain the following: (1) The name(s) and address(es) of the owner(s) and developer(s) of .the site. (2) The name(s) and address(es) of the licensed professional engineer and/or consulting firm retained by the applicant and the name of the applicant's principal contact at such firm. (3) A Notice of Intent. (4) An Erosion and Sediment Control Plan ("the Plan") that meets the design requirements of this Article. (5) A description of the nature of the project. (e) Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Erosion and Sediment Control Plan and that Qualified Personnel (provided by the operator of the construction site) may be required to be on site on all days when construction or grading activity takes place. (f) Any developer, owner, or builder who fails to obtain the Site Development Permit before beginning the subject project is in violation of this Article. In addition to penalties which may be assessed in accordance with this Article, no building permit, plat, site plan, or Certificate of Occupancy shall be issued for any development or construction upon any land where such development or construction is not in conformity with the requirements of this Article. Sec. 102-334. Site Development Permit Review and Approval. (a) .The Engineering Division or the Public Works Operations Manager will review each application for a Site Development Permit to determine its conformance with the provisions of this Article. Within thirty (30) days after receiving an application, the City shall, in writing: (1) Approve the permit application; or (2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this Article, and issue the permit subject to these conditions; or (3) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission. (b) Failure of the City to act on an original or revised application within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City. Pending preparation and approval of a revised plan, development activities may be allowed to proceed in accordance with conditions established by the City. Sec. 102-335. Erosion and Sediment Control Plan. (a) The Erosion and Sediment Control Plan required to be submitted to the City at the time of the application for the Site Development Permit and shall include all of the following: (1) Grading, erosion control practices, sediment control practices, and watercourse crossings shall meet the BMP design criteria set forth in the most recent edition of the integrated Storm Water Management Design Manual for Construction ("iSWM Design Manual"), published and available through North Central Texas Council of Governments ("NCTCOG"), the Public Works Design Manual and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City. (2) A natural resources map identifying soils, forest cover, and any resources protected under the North Richland Hills City Code of Ordinances. (3) A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. .Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. (4) All erosion and sediment control measures shall use the BMP necessary to meet the objectives of this Article throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may ~be required at the close of each season. (5) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. (6) Provisions for maintenance of control facilities, including easements .and estimates of the cost of maintenance. (7) Phasing shall be required on all sites disturbing greater than ten (10) acres, with the size of each phase to be established at plan review and as approved by the Engineering Division or the Public Works Operations Manager. (b) Modifications to the Erosion and Sediment Control Plan shall be processed and approved or disapproved in the same manner as the original Plan. (c) Any minor field modifications or minor amendments to the plan must be approved in writing by the Engineering Division or the Public Works Operations Manager. (d) Multi-Lot Subdivisions (2 or more lots) (1) In addition to Sections 102-335(a)-(c), plans for multi-lot subdivisions need to incorporate the following: a. Provisions which contemplate the relocation or modification to the erosion control devices/measures while remaining effective during individual lot development. b. Provisions for future modifications to the plan which do not allow sediment to travel from one individual lot to an adjoining lot. (2) Upon approval of the engineer who designed the subdivision's Storm Water Pollution Prevention Plan ("SWPPP"), individual lot builders may use the subdivision's SWPPP when such use: a. does not compromise the building construction on the individual lot; b. does not compromise the remaining SWPPP for the balance of the subdivision; and c. modifications to the plan or the SWPPP are signed and sealed by a professional engineer licensed in the State of Texas. Sec. 102-336. Site Requirements for Construction Activities. (a) All operators of construction sites, including sites involving clearing, grading, and excavation activities, that result in the disturbance of one acre or more of land shall comply with the requirements set forth in the most recent version of the Public Works Design Manual and the following specific requirements, in addition to obtaining a Site Development Permit: ~(1) Clearing and Grading a. Clearing and grading activities shall be done in such a manner to prevent transportation of sediment from the site to the satisfaction of the Engineering Division or the Public Works Operations Manager. b. Cut and fill slopes shall be no greater than 2:1, except as approved by the Engineering Division or the Public Works Operations Manager to meet other community or environmental objectives. c. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall adhere to the BMP as set forth in the iSWM Design Manual, published and available through NCTCOG. d. Clearing techniques that retain natural vegetation and retain natural drainage patterns shall be used to the satisfaction of the Engineering Division or the Public Works Operations Manager. e. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. (2) Erosion Control a. Stabilization shall be completed within five (5) days of clearing or inactivity in construction. b. If seeding or another vegetative erosion control method is used, it shall be established within two (2) weeks from the date land-disturbing activities commence on the property. In the event this timeline is not met, the Engineering Division or the Public Works Operations Manager may require the site to be reseeded or anon-vegetative erosion control method employed. c. Special techniques that meet the design criteria outlined in the iSWM Design Manual on steep slopes or in drainage ways shall be used to ensure stabilization. d. Soil stockpiles must be stabilized or covered at the end of each workday. e. Techniques shall be employed to prevent the blowing of dust or sediment from the site. f. Techniques that divert upland runoff past disturbed slopes shall be employed. (3) Sediment Control a. Sediment controls shall be provided in the form of settling basins, sediment traps, or tanks and perimeter controls. b. Where possible, settling basins shall be designed in a manner that allows adaptation to provide long term stormwater management, if required by the Engineering Division or the Public Works Operations Manager. c. Adjacent properties shall be protected by the use of a vegetated buffer strip in combination with perimeter controls. (4) Waterway and Watercourse Protection a. A temporary stream crossing installed and approved by the Engineering Division or the Public Works Operations Manager if a wet watercourse will be crossed regularly during construction. b. Stabilization of the watercourse channel before, during, and after any in channel work. c. On-site stormwater conveyance channels designed according to the criteria outlined in the iSWM Design Manual. d. Adequate stabilization to prevent erosion located at the outlets of all pipes and paved channels. (5) Construction site access requirements shall include a temporary access road provided at all sites and any other measures required by the Engineering Division or the Public Works Operations Manager in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains. (b) All operators of construction sites, including sites involving clearing, grading, and excavation activities, that result in the disturbance of less than one acre of land shall employ the appropriate BMPs, as indicated in the Public Works Design Manual [Section 1-08(J)(4)-(5)], such that sediment does not run off the construction site(s). Sec. 102-337. Inspection. (a) The Engineering Division or the Public Works Operations Manager or designated agent may make inspections, as hereinafter described, of any land disturbance activities or work required to be performed in accordance with the Site Development Permit regulations. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the Engineering Division or the Public Works Operations Manager and the Plans shall be maintained at the site during the progress of the work. (b) The permittee shall notify the Engineering Division or the Public Works Operations Manager at least two (2) working days before the following: (1) Start of construction (2) Installation of sediment and erosion measures (3) Completion of site clearing (4) Completion of rough grading (5) Completion of final grading (6) Close of the construction season (7) Completion of final landscaping The Engineering Division or the Public Works Operations Manager or designated agent shall make inspection of the above-listed work and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. (c) The permittee or Qualified Personnel provided by the permittee shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the Erosion and Sediment Control Plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the Engineering Division or the Public Works Operations Manager or designated agent at the time interval specified in the approved permit. (d) The Engineering Division or the Public Works Operations Manager or designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed in accordance with this Section and to ensure compliance with the Plan and other requirements of this Article. Sec. 102-338. Enforcement. (a) Stop-Work Order; Revocation of Permit; Citation. In the event that any person conducting land disturbance activities and/or holding a Site Development Permit pursuant to this Article violates the terms of the permit or other provision of this Article, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or at the development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Engineering Division or the Public Works Operations Manager may require all construction activities to stop or suspend or revoke the Site Development Permit. The city shall inspect the erosion control devices located at a site for compliance with this Article and/or the approved Erosion and Sediment Control Plan (Final Plan) submitted for such site(s). If a responsible party fails to implement or maintain erosion control devices as indicated in this Article and/or specified in the approved Final Plan, the City shall provide such party with written notice on noncompliance identifying the nature of such noncompliance. The responsible party shall have 24 hours to bring the erosion control devices into compliance with this Article and/or the approved Final Plan for the site where the violation occurred. Modifications to the approved Final Plan may be required to maintain all sediment on-site. Correction shall include sediment clean-up, erosion control device repair, erosion control device maintenance, and/or installation of additional erosion control devices in accordance with BMP to prevent re- occurrence of the violation. The 24-hour cure period may be extended for inclement weather or other factors at the discretion of the Engineering Division, the Public Works Operations Manager or the Building Official. Other inspections, including but not limited to Public Works public infrastructure inspections and the Building Inspections Division inspections, shall be delayed until all erosion control violations have been corrected and a re-inspection has been performed. At the end of the 24-hour cure period, the City shall re-inspect the site. If at the time of such re-inspection, the erosion control devices at the site have not been brought into compliance with this Article and/or the approved erosion control plan, the city may avail itself of any or all of the following, which shall not be exclusive: (1) Issue a stop work order. (2) Revoke the erosion control permit. (3) Issue a citation for each violation of this Article or the City's erosion control requirements. The stop work order may apply to all sites subject to the Site Development Permit or may apply to specific sites, at the discretion of the Engineering Division, the Public Works Operations Manager or the Building Official. To obtain a re-inspection for removal of the stop work order, any fines shall be paid in full and a request for such re-inspection shall be submitted to the Engineering Division, the Public Works Operations Manager or the Building Official. If any soil or material is deposited, by natural event or by an actor (property owner, builder, permittee, or responsible party), on the right-of-way adjacent to a residential lot or upon any adjacent lot, in violation of any provision of this section or of any state statute regulating soil erosion, and the identity of the actor cannot be determined, the owner or person in whose name the permit was issued is presumed to be the person who caused or failed to prevent the deposit of soil or material from a lot to the adjacent right-of-way or to an adjacent lot. This presumption is rebuttable and shall have the effects and consequences set forth in § 2.05 of the Texas Penal Code, and as it may be amended. The city records relative to the permit are prima facie evidence of the contents of the record. If the erosion control devices have been properly installed and maintained, but the intent of this Article or the approved Final Plan (maintaining sediment on-site) is not met, the property owner/responsible party shall take action within 24 hours to control soil eroding from the site and clean up any sediment and shall have one week to comply with this Article and/or submit a new Erosion and Sediment Control Plan. Work may continue during the review period. Implementation of BMP and/or this Plan will be required within 24 hours of the Plan's approval by the Engineering Division, the Public Works Operations Manager or the Building Official. If no Plan is submitted within one week, then construction activities shall be halted until a new Plan is submitted and approved. (b) Violation and Penalties. (1) No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any term of this Article. (2) Any owner of a site of construction activity, whether or not he/she is an operator, is jointly and individually responsible for compliance with the requirements in this Article. (3) Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract, for implementing a best management practices control measure, is jointly and individually responsible for any willful or negligent failure on his/her part to adequately implement that control measure. (4) Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this Article is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $2,000.00 for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this Article shall be required to bear the expense of such restoration. Sec. 102-339. Removal of Erosion Control Devices. (a) Upon issuance of a certificate of occupancy and/or upon the establishment of permanent ground cover on a lot, the developer, owner, or builder shall submit a Notice of Termination to the TCEQ and a copy of such Notice of Termination to the Engineering Division, the Public Works Operations Manager or the Building Official. (b) Upon submission of the Notice of Termination or upon request of the Engineering Division, the Public Works Operations Manager or the Building Official, all temporary erosion control devices shall be removed. Any erosion control devices that remain on site will subject the property owner, builder, permittee, or responsible party to the same fine and provisions indicated in Section 102-338(b)(4)." Section 2: Severability. The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. AND IT IS SO ORDAINED. PASSED AND APPROVED this the 28th day of September, 2009. By: ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Mike Curtis, P.E., Managing Director CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH R/CHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 9-28-2009 Agenda No. F.1 Subject: GN 2009-065 Approval of New Committee Members to the Youth Advisory Committee The Youth Advisory Committee (YAC) currently has 4 vacancies due to members graduating last spring. To partially fill those vacancies, the following new members are recommended for appointment: Brandon Vinson -Richland High School-Grade 9 James Dargan -Richland High School-Grade 11 These new appointments are in accordance with the YAC by-laws. Further appointments to fill YAC vacancies will be brought to City Council at a later date. YAC has 8 members that are returning and in good standing. According to the by-laws currently in effect these members are automatically re-appointed to one-year terms without Council approval. Paige Burroughs -Birdville High School-Grade 12 Kathryn Juren -Richland High School-Grade 12 Morgan Chaney -Richland High School-Grade 11 Tanner Kitching -Birdville High School-Grade 12 Kristyn Albert -Birdville High School-Grade 12 Madeline Orr -Richland High School-Grade 11 Zane Harrington -Birdville High School-Grade 12 Sarah Hillig -Birdville High School-Grade 12 YAC also has an Active Group Representative that is continuing to serve, Sarah Yeakley. Sarah is a senior at Birdville High School. An Active Group Representative is a student who does not live within the City of North Richland Hills but attends a local school. An Active Group Representative is not appointed to the Board and has no voting rights. Recommendation: Approve the Youth Advisory Committee's recommendations for new committee members for 2009-2010. CITY OF NORTH R/CHLAND HILLS Department: Police Council Meeting Date: 9-28-2009 Presented by: Andy Kancel Agenda No. F.2 Subject: GN 2009-066 FY 2010 Teen Seat Belt Project/Click It or Ticket Mobilization Program Grant -Resolution No. 2009-030 The Texas Department of Transportation (TxDOT) provides grant programs to support the mission of the Click It or Ticket Mobilization Program (CIOT) which is to increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes. Under the CIOT Enforcement, grant funds provide increased enforcement efforts for occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Memorial Day Holiday period. Additionally, Texas has been selected to have a demonstration project focusing on teen seat belt use. Tarrant County is one of the top five counties in Texas in unbuckled teen fatalities, ages 16-20. The focus of teen seat belt enforcement is for a high police visibility in areas frequented by teens. This enforcement will occur the week of October 19-25, 2009, February 22-28, 2010, and May 17-23, 2010, the week prior to the CIOT campaign in 2010. The Grant becomes effective on October 19, 2009, or on the date of final signature of both parties, whichever is later, and ends on June 06, 2010, unless terminated or otherwise modified. The enforcement period of the grant October 19, 2009 through June 06, 2010. The Texas Department of Transportation has notified the Police Department that grant funds have been allocated to reimburse law enforcement for overtime hours incurred by the City of North Richland Hills while conducting occupant restraint use enforcement under the FY 2010 Texas Traffic Safety Program. To receive the grant funds, the Texas Department of Transportation has required the City of North Richland Hills enter into a grant agreement with the Texas Department of Transportation. The City of North Richland Hills agrees to fund overtime for additional enforcement targeting occupant restraint use during the enforcement periods. The Police Department will seek reimbursement at the conclusion of the grant period from the Texas Department of Transportation for overtime costs incurred during the grant period. The maximum amount of the grant is $20,000, and there are no matching funds required by the City. The attached resolution will authorize application for the grant and appoint the City Manager as the agent to act for the City relative to the grant. Recommendation: To approve Resolution No. 2009-030 N FZH RESOLUTION NO. 2009-030 WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the 2010 Teen Seat Belt Project/CIOT Mobilization Program Grant and make appointments for the conduct of business relative to the Grant; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills to provide for additional enforcement hours for occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Memorial Day Holiday period. WHEREAS, The City Council of North Richland Hills finds that this violation of the law unquestionably causes our citizens injury and property damage. WHEREAS, The City Council of North Richland Hills agrees to fund overtime hours to provide for this additional enforcement during fiscal year 2010, in anticipation of reimbursement from the Texas Department of Transportation as set forth in the Grant Agreement. WHEREAS, The City Council of North Richland Hills designates City Manager Larry Cunningham as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLOVED, that the City Council of North Richland Hills approves submission of the grant for the 2010 Teen Seat Belt Project/CIOT Mobilization program. PASSED AND APPROVED this 28th day of September, 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: Jimmy Perdue, Assistant City Manager Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB Circular A-87; OMB Circular A-102; OM B Circular A-21; OM B Circular A-122; OM B Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and u se of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; a nd the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulatio n, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing boar d or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in S ection 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the pu blic during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called m eetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures m ay overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun d oes not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent under run elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreem ent, a cost m ust be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Institutions of Higher Education; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under th is Agreement within forty-five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assum a the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the w ork will not be performed before a written grant amendment is executed. If the Subgrantee h as submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to m ake such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have a ccess to the records. This right of access is not limited to the four (4) year period but shall last as long as th a records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harm less the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts~and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT , or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder a nd the premises in which it is being performed. If any inspection or evaluation is m ade on the premises of the Subgrantee or its subcontractor, the Subgrantee shall pro vide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non- Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence, through eGrants system messaging, with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee o f its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business w ith or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business w ith or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLL USION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all f finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available,, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and an y other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copy rights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed u nder this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each bind s itself, its successors, executors, assigns, and administrators~to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations i n this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations) . The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the US DOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the S ubgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition ,the Subgrantee m ay request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall m ake good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged B usiness Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee a nd any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD S UPPORT STATEMENT Unless the Subgrantee is a governor ental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the I nternet at: htt :1/www.dot.state.tx.us/cso/default.htm . RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational PI an contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department-approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget. F. When applicable, a II newly developed PI& E materials m ust be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including w ages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for, which the additional hours were worked. M. If an officer makes aSTEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting spee d enforcement, the Subgrantee m ust select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the u se of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (BEST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. ' S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleu texas.com. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's com pliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • telephone conversations • eGrants system messaging • e-mails and letters • quarterly review meetings • physical inspection of project records and supporting documentation. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed u p to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self-sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices. CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: LFiorello/LKoonce Council Meeting Date: 9-28-2009 Agenda No. F.3 Subject: PU 2009-033 Award 09-042 Bank Depository Services Contract to JP Morgan Chase Bank The current contract for bank depository services has been extended and expires October 31, 2009. The existing contract was for afive-year period and was awarded to Bank of America by City Council in 2004. 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 banking firms were contacted and requested to participate in this bid process. The specifications were viewed on the City's Website by five (5) additional firms. Five (5) proposals were received from the following financial institutions: Bank of America J PMorgan Chase Frost Bank Wells Fargo Bank Compass Bank Proposals were evaluated based on the following criteria: 1. The ability of the bank to perform the requested services; 2. Reputation of bidder/quality of services provided; 3. Cost of requested services; 4. Interest paid on accounts and deposits; 5. Overdraft provisions; 6. Completeness of proposal; 7. Previous service relationship with the City; and 8. Financial strength and stability of the institution. A quantitative system was established whereby points were awarded for each of the evaluation criteria. The Proposal Review Committee's (PRC) evaluation process scored JP Morgan Chase the highest out of the four eligible proposals (scoring Chase with 72.7 points out of a possible 75 score). Proposals from the other institutions were ranked with Bank of America (2"d), Frost Bank (3rd), and Compass Bank (4tn) The PRC evaluation was based in part on the following high points derived from JP Morgan Chase's proposal: High Customer Service Support with a dedicated Government Banking Team within their Ft Worth Office location. Chase's ability to understand the unique needs of governmental entities by having a history of positive relationships with organization such as Tarrant County, City of Bedford, City of Hurst, City of Ft. Worth, and City of Richland Hills. Numerous Value Added services that will provide more efficient and cost saving processes. These services include but are not limited to Free Check Stock, Endorsement Stamps, and other supplies. They will provide equipment that will allow for faster depositing of Utility payments (payments made within the Utility Department) with an almost immediate availability of funds to earn interest. The first four month's of banking analysis charges waived (approximate savings to the City of $3,564). Vendor Check processing service that will allow the Finance Department to save up to $6,000 a year in processing of vendor payments. Their strong financial stability (they do not have any TARP money owed to the Federal Government from 2008's financial crisis). Their institution has received high ratings of Aa1 on long-term senior debt and P-1 on short-term debt while achieving a stable outlook rating from Moody's Investors Service. Similarly high marks were received from Standard & Poor and Fitch on outstanding debt and a positive outlook rating was attained. JP Morgan Chase received very high marks in the area of financial strength. Their Governmental Team provided the City with a detailed transition schedule explaining each step in migration to their institution. Per the City's Investment Policy, the staff then presented the analysis and results to the City's Investment Committee which has the responsibility of overseeing the City's financial and investment relationships which include banking services. After discussion and careful consideration, the Investment Committee voted unanimously to recommend award of the contract for depository services to JPMorgan Chase Bank. The contract term will be for 5 years. Costs of services are summarized below: Note: All quantities are based on City of North Richland's Hills rolling 72 month history from actual transactions. Costs listed are annual estimated costs. General ACH Services Controlled Disbursement Services Wire Transfer Services Account Reconciliation Information Services (Online Service) EDI Services Safekeeping & Security Services General Banking Fees Potential Earnings Credit Total Annual Estimated Costs of Services $ 2,437.32 1,007.70 1,097.00 2,802.31 4,774.27 1,494.39 1,875.61 10,004.73 (3, 563.93) $21, 929.40 Recommendation: To award 09-042 Bank Depository Services contract to JP Morgan Chase Bank. BANKING SERVICES AGREEMENT This Agreement is made under the auspices of Chapter 105, Depositories for Municipal Funds, and entered into this the 1st day of October, 2009, by and between the City of North Richland Hills, hereinafter referred to as CITY, whose address is 7301 NE Loop 820, North Richland Hills, Texas 76180, and JPMorgan Chase Bank, N.A., hereinafter referred to as BANK, whose principal office for the purpose of this Agreement is located at 420 Throckmorton, Fort Worth, Texas 76102. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the BANK will serve as a depository and provide banking services for the CITY. SERVICES TO BE PROVIDED The BANK will perform the following services required of the CITY's depository as described in the following schedules: A. CITY's Request for Request for Proposal Banking Services, RFP 09-042, hereafter "RPF," which is incorporated herein for all purposes, B. BANK's Banking Services Bid Response Package dated September 4, 2009, hereafter "Bid Response," which is incorporated herein for all purposes These schedules, along with this Banking Services Agreement shall collectively be referred to as the Contract Documents. In the event of a conflict between the Contract Documents, the order of precedence shall be this Banking Services Agreement, the RFP, the Bid Response and the Services Agreements. The BANK shall further provide such banking services related to the scope of this Agreement but not specifically listed herein and at such reasonable prices as may be mutually agreed upon in writing between the BANK and CITY through the City Manager. II. COMPENSATION In consideration of the services to be performed by the BANK, CITY shall pay for the banking services provided in the manner specified in BANK's Banking Services Bid Response Package. Payments under this Agreement shall be based on actual monthly volume times the single unit cost as specified in BANK's Banking Services Bid Response Package. Payments will be made quarterly. TERM OF AGREEMENT This Agreement shall become effective October 1, 2009, and shall continue until September 30, 2014, unless terminated sooner by a 90-day written notice by either party. CITY and BANK further agree that in the event a different bank is selected to provide banking services for the year following the expiration of this Agreement, BANK will assist in the transition and provide such banking services as CITY may request in the same manner and at the same cost as provided in the Agreement, for a period of up to 90 days after the expiration of the Agreement. Should either CITY or BANK breach the terms of this Agreement or default on any of its obligations hereunder, after due notice this Agreement may be terminated for cause upon 30 days written notice by the other party. IV. NOTICES Any notices to be given hereunder by wither party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of the Agreement, but each party may change this address by written notice in accordance with this paragraph. V. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES AND REGULATIONS In performing the services required under this Agreement, the BANK shall comply with all applicable Federal, State and local laws, ordinances and regulations. VI. ASSIGNMENTS The BANK shall not assign this Agreement or any interest or obligation hereunder without prior written consent of the CITY through its City Manager. VII. MISCELLANEOUS 1. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. To the extent the Contract Documents require the City to purchase insurance; the City will provide a letter of self-insured status as requested by Bank. 2. To the extent the Contract Documents require the City to indemnify or hold Bank or any third party harmless from damages of any kind or character, such obligations are binding upon the City only to the extent permitted by law. 3. To the extent the Contract Documents require the City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, such obligations are binding upon the City only to the extent permitted by law. 4. Nothing herein constitutes a waiver of the City's sovereign immunity. To the extent the Contract Documents require the City to waive its rights or immunities as a government entity, such provisions are hereby deleted and shall have no force or effect. 5. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of the City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, the City shall have the right to terminate this Agreement. 6. This instrument contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assigned. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing and signed by the parties. This Agreement may be amended only upon written consent of both parties. 7. This Agreement shall be construed under and in accordance with the laws of the State of Texts, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. 9. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained. 10. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the within subject matter. Executed on the day and year first above written, Tarrant County, Texas. FOR THE CITY OF NORTH RICHLAND HILLS: BANK, N.A.: BY: City Manager APPROVED FOR FORM AND LEGALITY BY: City Attorney BY: FOR JP MORGAN CHASE BY: ATTEST: J. Wilson, Sr. Vice President City Secretary CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 9-28-2009 Agenda No. F.4 Subject: GN 2009-067 Appointment to Place 3A on the Zoning Board of Adjustment The Place 3 Alternate position on the Zoning Board of Adjustment is vacant. Councilman Lombard is recommending the appointment of Mr. Robert W. Housewright to the position. The term of office for Place 3A will expire June 30, 2011. Recommendation: To consider the appointment of Robert W. Housewright to Place 3A on the Zoning Board of Adjustment, term expiring June 30, 2011. C/TY OF NORTH R/CHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 9-28-2009 Agenda No. F.5 Subject: GN 2009-068 Authorize Property Tax Refund to Allen Samuels Dodge Hyundai for Overpayment of Vehicle Inventory Tax Earlier this month the City of North Richland Hills received a request from Allen Samuels Dodge Hyundai to refund a portion of the property taxes they paid toward their motor vehicle inventory tax. The dealership makes monthly payments into an escrow account for the value of the vehicles they have in inventory. While processing their December 2008 payment of $11,461.31 the person making out the payment request inserted a 7 between the 4 and the 6 resulting in a check being cut for $114,761.31. This was a $103,300 overpayment of their taxes for the month. Apparently this went unnoticed by the dealership until a routine audit was done this summer. The dealership contacted the Tarrant County Tax Assessor/Collector about this overpayment and was told that once the money is distributed to the taxing agencies they have no method to make a refund. State statues prohibit the County from refunding the overpayment from the escrow account. Because of this, the dealership must contact the taxing entities individually for a refund. Finance staff was asked to investigate the dealership's claim of an overpayment. Upon review of the information provided by Allen Samuels and information obtained from Tarrant County, they concur that Allen Samuels Dodge Hyundai did overpay their taxes for the month of December and that North Richland Hills' share of that overpayment is $22,561.01. A copy of their refund letter, application for tax refund, and tax office receipt are attached. Recommendation: Authorize a property tax refund of $22,561.01 be paid to Allen Samuels Dodge Hyundai. Allen Samuels .~~ i~~~) 1~..:;. l..c~~~~ ~~i.?, ~'~:~rt wc~r-tl~. ~"~;..~~ it> I ~>~) September 17, 2009 Larry Curulingham City Manager City of North. Richland ~-Tills 7301 N E Loop 820 NRH, T~ ?b 180 Dear Mr. Cunningham: When making the payment to Betsy Price Tax Assessor for our December 2008 Vehicle Inventory Tax an error was made. The total tax owed was $11,4f~ 1,31 and the total .paid was $114,7E 1..31, thus causing an overage in the amount of $1.03,300.00. V4'e have received a breakdown of which the average was paid to and. have noted so on our Application far. Tax Refund which you will ~1id attached to this Letter,. along with the proof of overpayment. After careful reseaz:cll from .Betsy Price and the City of North Richland Hills, they have determined that a refund is in order. The portion of this overpayment that was sent to you is in the amount of $22,56I.OQ. We regretfully ask that you refund us t1~e money you received, as the same request is being made to ali parties involved. We do apologize for any inconvenience this may cause and appreciate your understanding in this matter. Sincerely;`} ,,o'~`. ~ ` ,~ Thomas Hervey President of .Allen Samuels Dodge I-Iy~u.n.dai, NRH Cc Oscar `Trevino, Mayor Cc Jimmy Perdue, Assistant City Manager `~'~, [3t .1 t (4-82) Rule 9.3039) Ai'PLtCATtOh1 ~O~t TAX ~EFUNC~ Goltectinp office Warne ~(~ p ~ ~y ,C,,(~ C~ ~'"'' ~i.JrL ~~~ LX..~ ~V-~ ~ ~.~~.+~.~ W~ ~ t Ctailactinta tax for: (taxing units) Present mailing address nu~ a City, town or post office, state, ZIP code '~" '' t/L ~~~~~ Phone {'area catle arrd rwmfierj 'Y'w tr.:l .:ri ta.'... u~ 4r~. vim. ....J l4/ r:r -r~.... ~i..r ~.v....i ..r w:e rl wiV 4~t.. V' .Rw t~u..~.lw ~. t u a[a}at~i tut a r.ax i"~tuttea/ t~tte~ a.xil~~ay~t ttlttal, t;ultt~tr;t~ ut~ Ivttv><I-Irt~, Step .~ : Chlvnet's name ~ Owner's name ~ ,~7 ~ ~ ~~°~ r~~4t~~t~ and address Present mst#ing address )number and aireat) 774ra ,rv~" City: #own +?r pa5t oFt3ce, stets, .IP code r~~ k ~~ '!J T,K~ 7~ ~ &'r~ Phone je,~ code and number) S~7 ~` ~ 7 7~ step ~: 17esC ibt3 th .__... e r Legal description (or attach copy of the 12x' Gflf or t2x receipt}; Lf property LL~ ~I i/ ~/ ~ iocstian of Add / ress or property: Account numtaer of pprop~rty: Tax receipt number: ~/ ~ ~! Q ~ rt~ OR Step 3: Give the tax Name Year Qate of Taxing Unit from W#tich for Which Refund of the Amount Amount of of Tax Refund payment Refund is Requested is Requested Tax Payment Taxes Paid Requested information t ~. ~'~. ~ s~ ~ .~.? V ,~ ~ ~ ~ w ~~~t~.:Q~ w ~~~Ve~s ~~ ~ Taxpayer's reason for refund (attach supporting documenfairc~n): ~ . ~ ~,~' , 3 r- Ue~rlr ~ I~ ~ ~~ ~~'~~~ ~ xfi-"r~ ralr i ~ ~ .~ ,~ ~ /. 3 L~c2llSJ Step 4: "I hereby appl refund of the above-described t ss and c>art[fy that tl~e rrtforma#lan i have given vn this farm is true and ~ Slgn the form correct." ;~~ t ~ here date ref an~iir+attnn far tax nafirnc# • '~` ~ $' ~J'~' if-you make a false statement vn #his application, y©u could be found guilty of a Cuss A misdemeanor or a state jail felony under Texas Panel Code Section 37.'10. SEep 5: Tax refund This tax refund is ~ ApprovEd [~ Disapproved determination sign }Authorizedofficar here Date i l1 Y.I it •~'i iFl ~!! #f rtl..w f;p A~lY1 tr •f:.ll v If4 Ys.Y ~rK Vtt'ca V !'! •ry ~r'~~•!t~•fi-•C :;;f^f".• •1 ; "ter r ~ I"'^.'. 1.lVIIR'll:lVltO! Nt tYUGII I Ylllltb~ 1VF Itl1UI1~ t1~/~llel,:LtfiV11L VV171 (~/1SClIt hflttlJLlflf !W W!!!i'1i ~([dYCllflll~jf LliJtlyt approval /s rsqulre~underSectlon 3i.1 f, Tsx Carte) 11~.Sn I a.rYW ~ Slgfl ~ here + ~'i TEIVfPORARY RE' EIPT ~~~ ~~~~ T~RR.ANT COUNTY, T~ . ~ 83~3~ aat~ ~ ~.~ Received from: Account X10.: , . • Paid By Cash ~h~ ~ ..~.„,a~,.~ ~terk CUST4NiEl~ COPY ., ti CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-28-2009 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-28-2009 Presented by: Councilman David Whitson Agenda No. H.1 Subject: Announcements -Councilman Barth Announcements Keep NRH Beautiful is seeking volunteers for its annual Trash Bash litter cleanup event. This year's Trash Bash will be held on Saturday, October 3rd. Neighborhood associations, businesses, church groups and student groups are encouraged to participate. To volunteer or get more information, please call 817-427-6651. The North Richland Hills Public Library will hold its annual book sale from 9:00 a.m. to 4:00 p.m. on Saturday, October 3rd. Many of the books being sold are donations that the library was unable to use in its collection. Other items were removed from the collection throughout the year. All proceeds from the sale will go towards the purchase of new books. The Library is located at 9015 Grand Ave. For more information, please call 817-427-6814. Join the North Richland Hills Police Department is celebrating the 26th Annual National Night Out on the evening of October 6th. Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Please contact the Police Department at 817-427-7021 to register your neighborhood event. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Terry Wreay, Public Works Street Supervisor A letter was received from a resident expressing gratitude and praise for Terry's excellent work and professionalism. A project to fix a deteriorating gutter had left damage to the resident's front yard and created a dangerous situation for children. Terry realized the potential hazard and exposure to the city and made sure the issue was resolved and repaired immediately. CITY OF