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HomeMy WebLinkAboutCC 2010-04-12 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 12, 2010 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2010-025 Discuss Economic Development Strategic Plan (10 Minutes) A.3 IR 2010-026 Discuss Cities Aggregation Power Project Legislative Efforts Pertaining to the Sunset Commission's Review of the Public Utility Commission and the Electric Reliability Council of Texas (15 Minutes) A.4 IR 2010-027 Canvass Date for May 8, 2010 Election (5 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code No items for this category. C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 9, 2010 at a:d l QM . ~' 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 -April 12, 2010 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, April 12, 2010 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: ^ 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) - Proclamation Celebrating the 35th Anniversary of Clayton Youth Enrichment Services (Clayton YES!) presented by Councilman Lombard A.4 Special Presentation(s) and Recognitions) -Proclamation for Child Abuse Prevention Month presented by Councilman Lewis A.5 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.6 Removal of Item(s) from Consent Agenda NRH City Council Agenda -April 12, 2010 Page 2 of 4 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 March 22, 2010 City Council Meeting B.2 GN 2010-023 Amending Resolution No. 2010-008 to Establish Early Voting Locations for May 8, 2010 Election -Resolution No. 2010-017 B.3 PU 2010-008 Renew Bid No. 09-014 Topsoil, Sand and Flexbase Material to Multiple Vendors B.4 PW 2010-017 Approve a Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Enterprise Texas Pipeline, LLC, for the Installation of a 30-inch Diameter Gas Pipeline within Onyx Drive South Right-of-Way B.5 PW 2010-018 Approve a Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Texas Midstream Gas Services, LLC, for the Installation of a 24-inch Diameter Gas Pipeline within Onyx Drive South Right-of-Way B.6 PU 2010-009 Authorize the Purchase of an Aerial Bucket Truck from Philpott Motors Fleet in the amount $129,121 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 2010-016 Award a Professional Services Agreement to Brockette/Davis/Drake, Inc. in the amount of $44,500.00 for the Brookhaven Drive Drainage Improvements (DR0902) F.0 GENERAL ITEMS F.1 GN 2010-025 Award a Professional Services Contract with Schrickel, Rollins and Associates (SRA) in the amount of $197,500 for Professional Services Related to the Food Services Building and the 2011 New Attraction at NRH2O NRH City Council Agenda -April 12, 2010 Page 3 of 4 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Whitson H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 9, 2010 at ~:Ol Q ryi . 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 -April 12, 2010 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 12, 2010 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2010-025 Discuss Economic Development Strategic Plan (10 Minutes) A.3 IR 2010-026 Discuss Cities Aggregation Power Project Legislative Efforts Pertaining to the Sunset Commission's Review of the Public Utility Commission and the Electric Reliability Council of Texas (15 Minutes) A.4 IR 2010-027 Canvass Date for May 8, 2010 Election (5 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code No items for this category. C.0 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-025 ! ,, ., Date: April 12, 2009 `~~ ` ~~' Subject: Discuss Updating Economic Development Strategic Plan J The Economic Development Department would like to review the current 2003 Economic Development Strategic Plan to update existing goals and actions. Upcoming transportation projects in addition to changes in the economy stress the need to ensure this Plan aligns with Council Goals going into the next decade. Staff is requesting Council feedback on the importance of updating the 2003 Plan, the process for the update and specific stakeholders that should be included in effort. Discussion Successful economic development is the result of acting upon a plan that considers a City's needs, wishes, and vision. In early 2003, the Economic Development Department developed a Strategic Plan that included input and validation from City Council, the Economic Development Advisory Committee and the City's Planning and Zoning Commission. That Plan includes ongoing strategies and actions that continue to support City Council's goals to this day. Strategy 1: Redeveloping and Reusing Vacant and Underutilized Properties Actions • Target Reuse of Vacant Retail • Redevelop South Grapevine Highway • Redevelop North Hills Mall • Evaluate Highest and Best Land Use of the Loop 820 Area • Redevelop Existing Neighborhoods Strategy 2: Promoting a Positive Business Climate Actions • Retain Existing Businesses • Support a Regional Approach to Business Recruitment • Facilitate Street Reconstruction Projects ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Strategy 3: Developing and Promoting an Attractive, Diversified and Thriving Community Actions • Promote High Development Standards • Promote Commuter Rail Service • Enhance Davis Boulevard • Support City Image Study • Promote the Smithfield Historical Area • Promote Tourist and Entertainment Venues • Actively Market to Improve the Image of NRH • Promote the Home Town Development Although the 2003 Plan contains strategies and actions that remain paramount; market, demographic and economic conditions have evolved. Since 2003 certain commercial developments have been added, with others removed. Over 1,700 single family units have been introduced in tandem with the City's population increasing by 6,000. Future transportation projects expected to transform the City such as the North Tarrant Express and the T's commuter rail line either need continued support or are right around the corner. The Economic Development Department, aligned with staff and City Council, would like to update the 2003 Plan. The objective of the 2010 Update will be to validate, revise and possibly reprioritize existing goals and actions. City staff recommends the following steps for this update: Step 1 -Stakeholder Input (Q2 2010) 1. Stakeholder Identification and Selection (City Council, select staff, Economic Development Advisory Committee, Planning & Zoning Commission, Park & Recreation Board, key business representatives and educators) 2. Provide Stakeholder Information Packets (Share 2003 plan and information that describe current conditions) 3. Conduct Individual Stakeholder Face to Face Interviews Step 2 -Compile, Review and Determine (Q3 2010) 1. Compile Information Collected from Interviews 2. Stakeholder Retreat (One (1) daytime meeting at NRH Library to review results and determine strategies, priorities and actions, request 3 council members) Step 3 -Finalize & Communicate Plan (Q4 2010) 1. Develop Updated Strategic Plan Document 2. Present Updated Strategic Plan to City Council, City Administration and Stakeholders Staff would like your input and feedback on recommended process, and 3) specific stakeholders. 1) the need to update the 2003 Plan, 2) the individuals that you believe should be Respectfully Submitted, Craig Hulse Director, Economic Development INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-026 Date: April 12, 2010 `~''' ~~~ Subject: Discuss Cities Aggregation Power Project Legislative Efforts Pertaining to the Sunset Commission's Review of the Public Utility Commission and the Electric Reliability Council of Texas The City of North Richland Hills is a member of Cities Aggregation Power Project, Inc. (CAPP). The CAPP Board of Directors has voted to authorize certain legislative efforts pertaining to the Sunset Commission's review of the Public Utility Commission (PUC) and the Electric Reliability Council of Texas (ERGOT). The Sunset Commission's recommendations pertaining to both organizations are expected to form the basis of bills during the 82"d Legislative Session in 2011. As such, CAPP will recommend legislative action related to the Sunset Commission's examination of both the PUC and ERGOT. CAPP is asking cities to approve a resolution in support of their legislative agenda. I will provide an overview of CAPP's positions at Monday night's meeting and seek Council direction on placing this item on the April 26, 2010 regular agenda for formal approval. Discussion In 1999 Texas lawmakers adopted Senate Bill 7, the state's electric deregulation law. The legislation expanded competition in the wholesale electricity market and opened the door to competition among electric retailers. Proponents of the legislation promised lower electric prices. Unfortunately, the reality has been otherwise. Although Texans paid electric prices well below the national average during the decade before Senate Bill 7 was passed, customers in deregulated parts of the state now pay prices above the national average. In fact, even the lowest residential electric rates in deregulated areas of Texas typically exceed rates paid by all residents of neighboring states, such as those in Oklahoma and Louisiana. CAPP believes that for deregulation to fulfill its promise, the market must become more competitive. Problems include the ability of some generators to exercise monopoly-like control in large swaths of the state, and the inability of many consumers to make informed choices because of confusion in the retail electricity market. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ As an active market participant, CAPP is in the unique position to identify problems that have developed in the deregulated marketplace and to provide a consumer's perspective to legislators interested in fixing those problems. Based upon this point of view, CAPP has formulated recommendations for the Sunset Advisory Commission as it conducts its PUC and ERCOT reviews. CAPP's recommendations are intended to improve competition in the electric marketplace by making the PUC and ERCOT more accountable to consumers by limiting market power and by creating competitive options for all customers. CAPP's recommendations reflect the organization's desire for a truly healthy electric market where consumers can save and competition can flourish. Such amarket -one where power remains affordable and reliable -will mean more economic development for Texas cities and a better standard of living for our citizens. Legislative change is necessary to better protect cities' budgets, enhance cities' ability to protect their citizens and increase competition among retail providers. The following changes are proposed by the CAPP Board: • All generators, regardless of size, should explicitly be barred from the unlawful exercise of market power. • Entities such as municipalities, commercial customers or retail electric providers harmed by wholesale market abuse should be given explicit standing to participate in market power abuse enforcement actions brought by the PUC. • Fines should be increased for market abuses in such a way that the PUC can order full restitution to the market, market participants or parties injured by the violation. • Activities defined as market abuse by the Federal Energy Regulatory Commission should be prohibited. • The statutory purpose of the PUC should be modified to ensure that the agency harmonizes its pursuit of competition with the protection of electric consumers. • As a condition of conducting business in Texas, Retail Electric Providers (REPs) should be required to include among their offers one standard electricity package that has PUC-approved terms and conditions. Such standard offer products will ensure that REPs compete based on price, not on customer confusion. • The number of consumer representatives on the ERCOT board should be increased from the current three members to six. • The Office of the Comptroller should be assigned a seat on the ERCOT board and on appropriate budget oversight panels within ERCOT. The Comptroller's office should be given access to all ERCOT contracting material and be charged with conducting a bi-annual pertormance review of ERCOT. • The PUC should be required to provide prior approval of all debt financing by ERCOT. I look forward to discussing this with Council on Monday night. Respectfully Submitted, Karen Bostic Assistant City Manager INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-027 Date: April 12, 2010 `~''' `~, Subject: Canvass Date for May 8, 2010 Election '- The Texas Election Code provides that the City Council shall convene to conduct the canvass of the May 8, 2010 City Council election at a time set by the Mayor which cannot be earlier than the third day or later than the eleventh day after election day. The period for the official canvass would then be May 11-19, 2010. Therefore in accordance with State law the canvass of the May 8 election has been set for Monday, May 17 at 6:00 p.m. Respectfully Submitted, Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code No items for this category. CITY OF 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, April 12, 2010 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) -Proclamation Celebrating the 35th Anniversary of Clayton Youth Enrichment Services (Clayton YES!) presented by Councilman Lombard A.4 Special Presentation(s) and Recognitions) -Proclamation for Child Abuse Prevention Month presented by Councilman Lewis A.5 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.6 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of March 22, 2010 City Council Meeting B.2 GN 2010-023 Amending Resolution No. 2010-008 to Establish Early Voting Locations for May 8, 2010 Election -Resolution No. 2010-017 B.3 PU 2010-008 Renew Bid No. 09-014 Topsoil, Sand and Flexbase Material to Multiple Vendors B.4 PW 2010-017 Approve a Public Right-of-Wav Use Agreement (Natural Gas Pipeline Crossing) with Enterprise Texas Pipeline, LLC, for the Installation of a 30-inch Diameter Gas Pipeline within Onyx Drive South Right-of-Wav B.5 PW 2010-018 Approve a Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Texas Midstream Gas Services, LLC, for the Installation of a 24-inch Diameter Gas Pipeline within Onyx Drive South Right-of-Wav B.6 PU 2010-009 Authorize the Purchase of an Aerial Bucket Truck from Philpott Motors Fleet in the amount $129,121 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 2010-016 Award a Professional Services Agreement to Brockette/Davis/Drake Inc. in the amount of $44,500.00 for the Brookhaven Drive Drainage Improvements (DR0902) F.0 GENERAL ITEMS F.1 GN 2010-025 Award a Professional Services Contract with Schrickel, Rollins and Associates (SRA) in the amount of $197,500 for Professional Services Related to the Food Services Building and the 2011 New Attraction at NRH2O G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Whitson H.2 AdLurnment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Mayor Oscar Trevino Council Meeting Date: 4-12-2010 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Mayor Pro Tem Scott Turnage Agenda No. A.1 Subject: Invocation -Mayor Pro Tem Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Mayor Pro Tem Scott Turnage Agenda No. A.2 Subject: Pledge -Mayor Pro Tem Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Councilman Tom Lombard Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) -Proclamation Celebrating the 35th Anniversary of Clayton Youth Enrichment Services (Clayton YES!) presented by Councilman Lombard Clayton Youth Enrichment Services (YES!) is celebrating its 35th Anniversary of providing youth enrichment activities in the Fort Worth, Birdville and Keller Independent School Districts. Robert Duke, Executive Director of Clayton YES!, Carmen Vasquez, President of the Board of Directors, and Kimberly Coleman, Board of Directors member, will attend the April 12, 2010 City Council meeting to receive a proclamation recognizing this outstanding organization and the excellent services it provides for school-aged children. NRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, Clayton Youth Enrichment Services (YES!) was established in April 1975 to provide a safe, high quality, before and after school program at the Lily B. Clayton Elementary School; and WHEREAS, since 1975, Clayton YES! has steadily grown to serve 77 schools in the Fort Worth, Birdville and Keller Independent School Districts, as well as selected private schools throughout Tarrant County; and WHEREAS, the City of Fort Worth has also partnered with Clayton YES! to provide 28 grant funded programs to children in need; and WHEREAS, Clayton YES! provides employment opportunities within our community, with a staff of more than 300 professionals who are committed to developing positive relationships with children and parents; and WHEREAS, after 35 years, Clayton YES! remains committed to providing quality programs that allow school age youth to have fun in an enriching learning environment; and WHEREAS, during the month of April 2010, the Clayton YES! Board of Directors, parents and staff are celebrating their 35th anniversary of providing youth enrichment activities. NOW, THEREFORE, BE IT RESOLVED, that I Oscar Trevino, Mayor of the City of North Richland Hills, do hereby proclaim April 12, 2010 as "CLAYTON YOUTH ENRICHMENT SERVICES DAY" in the City of North Richland Hills and urges all citizens to recognize this outstanding organization and the excellent services they provide for our school-aged children. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 12th day of April 2010. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: Communications Council Meeting Date: 4-12-2010 Presented by: Councilman John H. Lewis Agenda No. A.4 Subject: Special Presentation(s) and Recognitions) -Proclamation for Child Abuse Prevention Month presented by Councilman Lewis The Alliance For Children is a nonprofit organization that operates three child friendly centers in Tarrant County, located in Arlington, Fort Worth, and Hurst. Within each of the centers, police detectives and Child Protective Services investigators work together to protect children who are victims of abuse. As a team they piece together what has happened and take steps to ensure that the child is not victimized again. Alliance For Children also offers a variety of educational programs that teach both children and adults how to recognize, resist, and report child abuse, whether it is occurring in the home, the community or on the Internet. As part of this educational effort, Alliance for Children and the City of North Richland Hills will recognize the month of April as Child Abuse Prevention Month. The City of North Richland Hills has been a supporter and partner of the Alliance for Children for many years and Police Captain Ken Bounds currently serves on the board of this organization. Nancy Hagan, Executive Director for Alliance For Children will attend the April 12 City Council Meeting to accept the Child Abuse Protection Month proclamation. I~IRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, more than 165,000 reports of child abuse or neglect were investigated in Texas in 2009, with some 12,000 of those being completed in Tarrant County; and WHEREAS, just over 6,000 cases of child abuse or neglect were confirmed in Tarrant County in 2009; and WHEREAS, Alliance For Children provided child-focused services to more than 2,000 children in 2009; including 341 children in Northeast Tarrant County; and WHEREAS, child abuse prevention is a community responsibility and finding solutions depends on involvement among all people; and WHEREAS, communities must make every effort to promote programs that benefit children and their families; and WHEREAS, effective child abuse prevention programs succeed because of partnerships among agencies, schools, religious organizations, law enforcement agencies, and the business community; and WHEREAS, everyone in the community should become more aware of child abuse prevention and consider helping parents raise their children in a safe, nurturing environment. NOW, THEREFORE, BE IT RESOLVED, that I Oscar Trevino, Mayor of the City of North Richland Hills, Texas, and on behalf of the North Richland Hills City Council, do hereby proclaim the month of April 2010 as "CHILD ABUSE PREVENTION MONTH" and urge all citizens to work together to help reduce child abuse and neglect significantly in the years to come. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 12th day of April 2010. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Agenda No. A.5 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 RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-12-2010 Agenda No. A.6 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of March 22, 2010 City Council Meeting Recommendation: To approve the minutes of the March 22, 2010 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -MARCH 22, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 22"d day of March, 2010 at 5:45 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Scott Turnage Mayor Pro Tem, Council, Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety 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 Andy Kancel Assistant Police Chief Mike Hamlin Assistant Police Chief Jo Ann Stout Neighborhood Services Director Greg VanNieuwenhuize Assistant Public Works Director Jamie Brockway Purchasing Manager Absent: Oscar Trevino Mayor Call to Order Mayor Pro Tem Turnage called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meeting None. A.2 IR 2010-021 Overview of Open Meetings Act George Staples, Attorney, presented a PowerPoint presentation briefing Council on the Open Meetings Act. Highlights include: • Texas Open Meetings Act General Rules • What is a meeting? • What constitutes deliberation? • What is a quorum? • Exceptions to the definition of a "meeting" • Who does the Act apply to? • Common Misconceptions • Notice Requirement • What constitutes an "Emergency"? • Contents of Notice • Items Not Posted • Recent Amendments (enacted to overrule AG opinion) • Closed Meetings Exception (Executive Session) • Closed Meetings: Who may attend? • Closed Meetings: What subjects are allowed? • Procedures for Meeting in Closed Session • Record of Closed Meetings • Disclosure of Executive Session Discussion • Sensitive Issues • Criminal Enforcement • Public Participation • Bonus info: Disruption of Meeting A.3 IR 2010-022 Police Department 2009 Annual Report Jimmy Perdue, Director of Public Safety, presented a PowerPoint presentation highlighting the 2009 Police Department's Annual Report. There was a decrease in both overall crime and Part I offenses during 2009 when compared to the previous year. These numbers are reported in traditional Uniform Crime reporting (UCR) format and the new National Incident based Reporting System (NIBRS). During 2009, there was continued improvement both in efficiency and effectiveness in serving the community. Chief Perdue highlighted the 2009 accomplishments and upcoming projects. B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - New Jonathan's Enterprises v City of North Richland Hills (No. 342 244054-10) Mayor Pro Tem Turnage announced at 6:50 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 for consultation with attorney regarding pending litigation -New Jonathan's Enterprises v. City of North Richland Hills (No. 342 244054-10). C.0 Adjournment Mayor Pro Tem Turnage announced at 6:54 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tem Turnage called the meeting to order March 22, 2010 at 7:01 p.m. ROLL CALL Present: Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Mayor Pro Tem, Council, Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Absent: Oscar Trevino City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney Mayor A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) PROCLAMATION RECOGNIZING MARCH FOR MEALS AWARENESS MONTH PRESENTED BY COUNCILMAN SAPP Councilman Sapp presented a proclamation to Ms. Natalie Carrol, Meals on Wheels representative, proclaiming the month of March as March for Meals Awareness Month. A.4 CITIZENS PRESENTATION Mr. Tolbert D. Jenkins, 8001 Limerick Lane came forward. He wanted to thank the Police Department for their courtesy when he lost track of time and ask if sidewalks could be put in on Irish Drive for the kids walking home from The Academy at Carrie Francis Thomas Elementary School. 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 MARCH 8, 2010 CITY COUNCIL MEETING B.2 PW 2010-014 AWARD OF PROJECT RFB NO. 10-017 TO MCCLENDON CONSTRUCTION, INC. IN THE AMOUNT OF $483,686.75 FOR THE CONSTRUCTION OF THE COLORADO BOULEVARD STREET RECONSTRUCTION PROJECT (ST0903) B.3 PW 2010-015 AWARD A PROFESSIONAL SERVICES AGREEMENT TO DEOTTE, INC. IN THE AMOUNT OF $181,565.00 FOR THE TRINIDAD DRIVE (RUFF SNOW DRIVE TO HOLIDAY LANE) STREET RECONSTRUCTION PROJECT (ST0909) COUNCILMAN SAPP MQVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LOMBARD SECONDED THE MOTION.. MOTION TO APPRO~fE CARRIED 6-O. PUBLIC HEARINGS C.0 No items for this category. PLANNING & DEVELOPMENT D.0 No items for this category. PUBLIC WORKS E.0 No items for this category. GENERAL ITEMS F.1 GN 2010-018 APPROVAL OF EXPANSION OF NEIGHBORHOOD INITIATIVE PROGRAM -RESOLUTION NO. 2010-013 APPROVED Jo Ann Stout, Neighborhood Services Director, summarized the item. Last year, City Council requested staff to develop a pilot program that would assist citizens in renovating or maintaining the exterior of their homes in compliance with quality housing standards, to avoid an adverse impact on established neighborhoods and future revenues. Staff is proposing to expand Neighborhood Initiative Program (NIP) to provide cash incentives to residents to improve their home exteriors and to broaden the volunteer base to help lower income NRH residents with major exterior and interior repairs to their homes. The two new programs will be piloted in the area located south of NE Loop 820, west of Boulevard 26, east of Rufe Snow Drive and north of Glenview. This area is the "original town" of North Richland Hills and the City's more mature neighborhoods are located here. New Proposed Neighborhood Initiative Programs: Neighborhood Initiative Program-Cash Rebate (R-NIP): Cash rebates for homeowners who complete exterior upgrades to their homes (10% rebate on cost of repairs up to $3,000). Neighborhood Initiative Program-Volunteers (V-NIP): Larger exterior and interior repairs, monetary contribution (50% of material costs up to $3,000 with $1,000 paid upfront in some cases) by City with work performed by volunteers COUNCILMAN WHITSON MOVED TO APPROVE GN 2010-018; RESOLUTION NO. 2010-013. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE GARRIED 8-O. F.2 GN 2010-020 AUTHORIZE THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION -RESOLUTION NO. 2010-015 APPROVED Larry Koonce, Finance Director summarized the item. As part of the legal requirements for the planned issuance of Certificates of Obligation, the City Council must authorize the City Secretary to publish by April 4, 2010 a notice in a newspaper of general circulation the intent of the City to issue Certificates of Obligation in an amount not to exceed $23,740,000. The notice of intent to issue certificates of obligation must be published once a week for two consecutive weeks. The first publication date shall be at least (31) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the Certificates of Obligation. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010-020; RESOLUTION NO. 201'0-015. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE GARRIED s-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action required. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Welch made the following announcements. The Texas High-Speed Rail & Transportation Corporation will hold a town hall meeting in North Richland Hills on Wednesday, March 24th. The meeting will begin at 10 a.m. in the City Council Chambers. The public is invited to attend to learn more about ongoing efforts to bring high-speed rail to Texas. Additional information is available on the Texas High-Speed Rail & Transportation Corporation web site at www.THSRTC.com or by calling 214-750-0123. Hop on out to the annual Easter in the Park celebration on Saturday, March 27th. This event is scheduled from 10 a.m. to noon at Green Valley Park, 7701 Smithfield Road. The Easter egg hunt will begin promptly at 10 a.m., so don't be late. Other activities will include a visit by the Easter bunny, bounce houses, train rides and a petting zoo. For more information, please contact the NRH Recreation Center at 817-427-6600. Put on your walking shoes and join us for the Mayor's Fun Walk on Saturday, April 10th. The 3-mile walk will begin at 9 a.m. at Walker's Creek Park, 8403 Emerald Hills Way. The walk is free for all ages. Pre-registration is encouraged. For more information, visit the City's web site at nrhtx.com or call the NRH Recreation Center at 817-427-6600. Kudos Korner -Teddi Zonker and NRH Recreation Center Staff. An email was received thanking Teddi and the entire staff of the Recreation Center for providing a very special night at the Daddy/Daughter Dance. Everything was beautiful, the staff was very friendly and the event was well planned, the a-mail said. H.2 ADJOURNMENT Mayor Pro Tem Turnage adjourned the meeting at 7:29 p.m. Scott Turnage -Mayor Pro Tem ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 4-12-2010 Agenda No. B.2 Subject: GN 2010-023 Amending Resolution No. 2010-008 to Establish Early Voting Locations for May 8, 2010 Election -Resolution No. 2010-017 The passage of SB 1970 during the last legislative session required that election orders and notices list each early voting location. At the time the City Council approved Resolution No. 2010-008 ordering the election, the early voting locations to be used throughout Tarrant County for the joint elections were tentative. The locations could not be finalized by Tarrant County until after the March filing deadline to allow those entities with unopposed candidates the opportunity to cancel their elections. Tarrant County has now finalized the list of early voting locations. Resolution No. 2010-017 amends the resolution ordering the election by listing all early voting locations to be used throughout Tarrant County for the May 8, 2010 joint election. Recommendation: To approve Resolution No. 2010-017 N i~.H RESOLUTION NO. 2010-017 WHEREAS, the regular election for the City of North Richland Hills, as set forth by the Texas Election Code, is required to be held on May 8, 2010, at which time the voters will elect a Mayor and City Council Places 2, 4 and 6; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code, the City election will be conducted jointly with other Tarrant County public entities; and; WHEREAS, THE City Council has heretofore by passage of Resolution 2010-008 called such election, but at the time the early voting locations had not been finally established by Tarrant County and such locations have now been established; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 5 of Resolution 2010-008 is hereby amended to read as follows: "Section 5: Early voting will be held jointly with other Tarrant County public entities at the dates, times and locations established by Tarrant County as set forth on Exhibit A hereto." AND IT IS SO RESOLVED. PASSED AND APPROVED this the 12th day of April, 2010. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney Exhibit A to Resolution No. 2010-017 Page 1 of 2 EARLY VOTING FOR MAY 8, 2010 (VOTAC16N ADELANTADA DE 8 DE MAYO DE 2010) JOINT- GENERAL AND SPECIAL ELECTIONS (ELECCIONES GENERALES Y ESPECIALES CONJUNTAS) EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS (DIAS Y HORAS DE VOTACION TEMPRANO POR APARICION PERSONAL) April (AbrilJ 26-30 Monday -Friday i~~nes-viernes) 8:00 a.m. - 5:00 p.m. May (Maya) 1 Saturday lsabadoJ 7:00 a.m. - 7:00 p.m. May (Maya) 2 Sunday (Domingo) 1 1:00 a.m. - 4:00 p.m. May (Maya) 3 - 4 Monday -Tuesday (Lanes-Martel) 7:00 a.m. 7:00 p.m. SEE LIST OF LOCATIONS ON BACK (VER LA LISTA DE CASETAS AL REVERSOI EARLY VOTING BY MAIL (VOTACION TEMPRANO POR CORREO) TO RECEIVE A BALLOT APPLICATION OR FOR MORE INFORMATION CALL TARRANT COUNTY ELECTIONS ADMINISTRATION: 817-831-8683 (PARR RECIBIR UNA SOLICITUD PARA BOLETA O MAS INFORMACION LLAMAR AL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE TARRANT: 817-831-8683) Applications for a ballot by mail must be submitted between March 9, 2010 and April 30, 2010 Wlth One Of the follOWing requirements: (Solicitudes para una boleta por correo pueden sersometidas durance el 9 de Marzo de 2010, y 30 de Abril de 2010, con uno de los siguientes requisitos:J 1 . Age Of VOter IS 65 Or OVer On ElectlOn Day. (Edad del votante es 65 o mas el Dia de Elecci6n.J 2. VOter IS dlSabled. (votante est6 incapacitado,J For # 1 or #2, the ballot must be mailed to the voter registration residence address/mailing address or to a hospital, nursing home/long-term care facility, retirement center or address of a relative. The relationship of the relative must be indicated. (Para #1 0 #2 la boleta aebe serenviaaa a la direccion residencial/direccion de correo de registro de votante o a un hospital, clinica para convalecientes o ancianos/facilidad de cuidado de termino largo, Centro de jubilacidn o direccion de un pariente. Debe indicar el parentesco del pariente.) 3. Voter is confined in jail -ballot must be mailed to the jail or address of a relative. The relatlOnShlp Of the relatlVe mUSt be IndlCated. (votanteestaencarcelado-boletadebeserenviadaalacarcelo a la direccion de un pariente. Debe indicar el parentesco del pariente.) 4. Voter expects to be out of the county on Election Day and during the regular hours for conducting early voting -ballot must be mailed to an address outside the county. (varanfe espera estar afuera del condado el Dia de Eleccidn y durance las horas regulares de conducir votacidn femprano - boleta debe ser enviada a una direccion afuera del condado.) Applications must be received at the following address NO LATER THAN FRIDAY, APRIL 30, 2010 (Las solicitudes deben ser recibidas a la direccion siauiente NO MAS TARDAR DEL VIERNES, 30 de ABRIL de 2010) STEVE RABORN, EARLY VOTING CLERK (Secrefario De Votacion Adelantada, Steve Raborn) PO BOX 961011 FORT WORTH, TEXAS 761 61-001 1 FOR VOTERS WITH ONSET OF AN ILLNESS ON OR AFTER APRIL 29, 2010, EMERGENCY BALLOT APPLICATIONS MUST BE RETURNED NO LATER THAN 5 PM, ELECTION DAY, AT THE ELECTIONS CENTER, 2700 PREMIER STREET, FORT WORTH, TX 761 1 1 (SEC. 102.001, TEXAS ELECTION CODE.) (PARA V07AME5 CON PRINCIPIOS DE UNA ENFERMEDAD EN O DESPUES DEL 29 DE ABRIL DE 2O IO, SOLICfrUDES PARA BOLE7A DE EMERGENCIA DEBEN SER REGRESADAS NO MAS 7ARDAR DE fA5 S PM, EL DIA DE ELECCION, EN EL CEMRO DE ELECCIONES, 2700 PREMIER $T., FORT WORTH, TX 761 111SEC. l 02.00 1, CODIGO DE ELECCION DE TEJAS. J Exhibit A to Resolution No. 2010-017 Page 1 of 2 EARLY VOTING FOR MAY 8, 2010 /V07ACION ADELANTADA DE 8 DE MAYO DE 2010) JOINT -GENERAL AND SPECIAL ELECTIONS /ELECCIONES GENERALES Y ESPECIALES CONJUNTASJ 1. MAIN EARLY VOTING SITE, Tarrant County Elections Center Fort Worth 2700 Premier Street 14 . Griffin Sub•Courthouse Fort Worth, Texas 76111 ' 3212 Miller Avenue 27. Haltom City Civic Center Emergency ballots available Fort Worth, Texas 76119 3201 Friendly Lane At this location onty Haltom Ciiy, Texas 76117 Fort Wor[h 15 . Handley-Meadowbrook 28. Haslet Public Library Arlington Community Center 100 Gammil SVeet 2. Bob Duncan Center 6201 Beaty Street Haslet Texas 76052 2800 South Center Street Fort Worth, Texas 76112 , Arlington, Texas 76014 29. Hurst Recreation Center Arlington 16. Fort Worth JPS Health CenterViola M. PittslComo 700 Mary Drive 3. Elzie Odom Recreation Center Lower Level, Auditorium 1 Hurst, Texas 76053 1601 NE Green Oaks Boulevard 4701 Bryant Irvin Road N. Arlington, Texas 76006 Fort Worth, Texas 76107 30. Hnra~r Northeast Sub•Courthouse Arlington Fort Worth 645 Grapevine Highway 4. Fire Training Center 17. Riverside Community Center in the Park HUfSt, TeXaS 76054 5501 Ron McAndrew Drive 3700 East Belknap Street 31 Keller Town Hali Arlington, Texas 76013 Fort Worth, Texas 76111 . 1100 Bear Creek Parkway Arlington Fort Worth Keller, Texas 76248 5. South Service Center 18. Senders Ranch Elementary School 1100 SW Green Oaks Boulevard 1216 Diamond Back Lane 32. Kennedale Communi Center ty Arlington, Texas 76017 Haslet, Texas 76052 316 West 3~d Street Kennedale, Texas 76060 Arling[on For[ Worth 6. Tarrant County Sub•Courthouse 19. Southside Community Center 33. City of lake Worth Council Chambers in Arlington 959 East Rosedale Street 3801 Adam Grubb (Southeast Sub-Courthouse) Fort Worth, Texas 76104 Lake Worth, Texas 76135 700 E Abram Street Arlington, Texas 76010 Fort worrh 34. Mansfield Sub•Courthouse 20. Southwest Regional Library 1100 East Broad Street Azle 4001 Library Lane Mansfield, Texas 76063 7. B. J. Clark Annex Fort Worth, Texas 76109 Room 4 35. North Richland Hills Recreation Center 603 Southeast Parkway Forr worrh 6720 Northeast Loop 820 Azle, Texas 76020 21. Southwest Sub•Courthouse North Richland Hills, Texas 76180 6551 Cranbury Road 8. Bedford Public Library Fort Worth, Texas 76133 36. Richland Hills Community Center 1805 L. Don Dodson Drive 3204 Diana Drive Bedford, Texas 76021 Fort Worth Richland Hills, Texas 76118 22. Summerglen Branch Library 9. Colleyville City Hall 4205 Basswood Boulevard 37. River Oaks City Hall 100 Main Street Fort Worth, Texas 76137 4900 River Oaks Boulevard Colleyville, Texas 76034 River Oaks, Texas 76114 Fort Worth 10. Crowley Community Center 23. Tarrant County Plaza Building 38. Saginaw City Hall 900 East Glendale Street 201 Burnett Street 333 West McLeroy Boulevard Crowley, Texas 76036 Fort Worth, Texas 76102 Saginaw, Texas 76179 11. Euless Public Library 24. Fort Worth Worth Heights Community Center 39. Southtake Town Hall 201 North Ector Drive 3551 New York Avenue 1400 Main Street Euless, Texas 76039 Fort Worth, Texas 76110 Southlake, Texas 76092 Fared Hill Grand Prairie 40. Watauga City Hall 12. Mahaney Community Center 25. Starrett Elementary School 7105 Whitley Road 6800 Forest Hill Drive 2675 Fairmont Drive Watauga, Texas 76148 Forest Hill, Texas 76140 Grand Prairie Texas 75052 , 41. White Settlement Recreation Center 13. Fort Worth Diamond HiIIIJarvis Library 26. Grapevine Community Activities Center 8213 White Settlement Road White Settlement Texas 76108 1300 Northeast 35th Street 1175 Municipal Way , Fort Worth, Texas 76106 Grapevine, Texas 76051 Temporary Branch Early Voting Locations (Casetas Temporales pars Votaci6n Adelantada) Aprit(Adn'I) 26 -- 28 ' Monday -Wednesday ~.uncs -,tl~ ~~lesi 8:U0 a.m. - 5.00 p.m. Solana Office Complex UTA -University of Texas at Arlington Westlake Town Offices EH Hereford University Center 3 Village Circle 300 W. 1"Street Westlake, Texas 76262 Adington, Texas 76019 April(~rig27-29 Tuesday-ThursdayiM~rres-Jue,~e s) S:OOa.m.-5i00p.m. Blue Mound City Hall Dalworthington Gardens City Hall Villages of Woodland Springs Pantego Town Hall 301 Blue Mound Road 2600 Roosevelt Drive Amenity Building 1614 South Bowen Road Blue Mound, Texas 76131 Dalworthington Gardens, Texas 76016 12209 Timbedand Boulevard Panlego, Texas 76013 Fort Worth, Texas 76248 April ,int~.9 30 F>day (VJemesi 8:00 a.m. -5:00 p.m. MaY (+) 1 Saturday:(, ah~,floi 7:00 a.m. - 7:00 p.m. May {Mayo) 2 Sunday (Dom;rgri 11:00 a.m. - 4:00 p.m. ',May (Mayo) 3.4 Monday- Tuesday jLona~ -a ~ ,r~s! 7:OD a.m. - 7:00 p.m. Eagle Mountain•Saginaw East Regional Library ISD Administration Building 6301 Bddge Street 1200 Old Decatur Road Fort Worth, Texas 76112 Fon Wonh, Texas 76179 CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 4-12-2010 Agenda No. B.3 Subject: PU 2010-008 Renew Bid No. 09-014 Topsoil, Sand and Flexbase Material to Multiple Vendors This item is to renew the contracts with multiple vendors to provide materials for Public Works projects. In the 2009/2010 approved budget, Council appropriated funds for the purchase of various materials required for pavement and yard repairs following water/sewer repairs or improvements. These materials are used by the Public Works Department and are ordered and delivered on an as needed basis or picked up from the vendor's site. Formal bids were solicited and a contract to provide these materials was approved during the April 27, 2009 Council Meeting (PU 2009-011). Council awarded the annual contract by line item to four (4) separate vendors as indicated below: TOPSOIL - SCREENED CUSHIONED 3/4" Vendor Name SCREENED CUSHIONED SAND FLEXBASE UTILITY # 10 Chat FERTILIZED SAND ROCK Vendor Location Unit Cost per cu. ds. Unit Cost per cu. ds. Unit Cost per cu. ds. Unit Cost per ton. Unit Cost er ton. Unit Cost er ton. CJA Enterprises 39.32 (this LLP $13.89 $11.67 $11.67 item $14.47 $15.97 Collinsville TX withdrawn) Abel Trucking Inc Kennedale, TX $15.00 $8.50 $8.50 $17.50 $22.50 $22.50 Big City Crushed Concrete No Bid No Bid No Bid $10.00 No Bid No Bid Dallas, TX DFW Materials Sa inaw, TX No Bid $11.95 $9.95 $12.95 $13.95 $13.95 The initial term of the contract was for a period of one (1) year and included an option to renew for two (2) additional twelve (12) month terms. All four (4) vendors have agreed to extend the same contract pricing through April 30, 2011. Recommendation: To renew Bid No. 09-014 Topsoil, Sand and Flexbase Materials to multiple vendors as indicated below: 1. Topsoil -Screened Fertilized to CJA Enterprises LLP at $13.89 per cubic vard; 2. Screened Cushioned Sand to Abel Trucking Inc. at $8.50 per cubic vard; 3. Cushioned Sand to Abel Trucking Inc, at $8.50 per cubic vard; 4. Flexbase to Big City Crushed Concrete at $10.00 per ton; 5. 3/a" Utility Rock to DFW Materials at $13.95 per ton; 6. #10 Chat to DFW Materials at $13.95 per ton. Rx tlatelllae NHR-29-2010(14UH) 08:33 g03 d29 3636 P,ODI OafYB/2010 09:50 FAX 903 928 3038 CJA ENTERPRISES LLP I~001 .luty 3, 2dd6 Pttge 1 of 1 I~1 I~,T ~ IZI+C I-I ~~.N I~ N I L L S C',iry cal ~hc7ice Mara, as, aolo CJA Enterprises LLP Carla and. Jeff Pcacack 362 Crossro8ds Rd Callinsville, Texas Phone: 54(#-It40- t 9d0 pax:903-429-3636 Re: RFB No. 09-0 C 4 Annual Contrxs~t for the purchase ofTopsoii, Sand and Fiexbase Material-ltom one (topsoil-scr~ned fertilized) awarded by Council in April of 2004. (PU2009-011) Roferenced contract was. far one (I }year with two (2) options to renew for addi6anal twelve (12) tnanths each. The original contract was for the period of May i, 2009 through Aprit 30, 2010.7'he effective dates for the first renewal optirnt wi0 nrn from May i, a010 through April 30, 2011. the Nozth R~hixnd Ni11s Purchasing oepartment hereby extends an iavitatian to GJA Enterprises LLP to accept tho first option far sn additional one (I) year period for this contract as awaaded on April a7, 2009. Please mark the appraprlate response below and provide your signature above your printed name. All prices must remain fum for th~e'Optian Renewal penal through Apri130, 201 I , ( 1/ )Yes, C3A Enterprises LLP will accept the offer to eactend the same contract pricing through April 30, 20l 1. (_) No, CJA Enterprises LLP will NOT accept the offer to extend the same. contract pricing through Apri130, 2011. Please feat you signed response to (817j 4a7-4151 by April 1, 2010. Sincerely, ('*i _ y cdG. ' L~:c'.Gl~.u'r~ ~AY\ l ie Brockway, Purdmsiog Ma Cade Ncacock City aElVorth Richland Iiilis CJA Bnterprl5es LLP mailhtrnl:midtllOQUd0093f U3/29i2010 . _ ~. ~ ~~ x..,... ~ ~ ., ~ ~.. ,,^e t-9~"tt :';i7 :'ljf~ q.. >,f~~;.~ ~r`t~:, '1~.a<`,.• iii:, i~{1(ri) ty~s?ilk . , `,~..f~ ~ ~~a 1 }t: ,, .. ;i.,-ttl ~ :AT3litts~l C ter ~.~~~ct . , `~~: 6Y ,~, ;, , {~•, , . ~a=~ d,r:. , , ,, "~L3t~r;a1 ~ti:Ctt ~ 5 ~ :iii' _ti..,f .:'~:i~1t4>13 `itdilda} iidli~ f'.:3Y1 ~ k16'C~ (C,t ,i.v'c.. a:i 7~ t3i..kCC.~.a~,3 fl' :~d}iM{?:,8~ 3i7 ."ti~1fk~ ?'~_i_..,1 ._. ~, ,.3i,-('.~.,. ~ =U: { „ ,.. ..,'t :) r~t..j3~ -u7~,.°;~.~~». '~ t• ,_ .,.~£1$FF{ 1FF~.~..;~}}...'; .:S fill ;31 i~,~. i iii. i~~ ~ .i! .. E ~, -1~1\.l~ :~~ L~]. ~ 14?+ ~1~ i~.~l:- ~. J~}'d P ii i~1 i1~. ..R~:lx, .. }: ;.tl`. .' ij.t.c. - {~;. ~. .itw iii ~„ 2'c.., it"4'•a~ .i)#t;">E'F i t,# Is:,l ~ii,Ji! ~~.t ~. .;i.'! ~,. x-:11 ids (1C l) Vii'. a,~~) a. ~~h~~ ~i':'i(1 ~2,.ia,~Ji(~i~~' 1-~~i~<~ F'~rr 1 ,, , _ (1=~i'rtr~r.~~.~_ l~,er~i••, ~ ,i~~3.~9,,,ri is Oi ~.~.,;~ .. ,-~i,;i I's-a.~tk.si;~~. a„ .. ~- 't i€iti'- 4tt~t t~~f'•~i. n .~ . tl1€ ,<<ut,; ~ .~i Ji}i: , ~ 14c., , ,-,i~~<E I. •o il:i; ,c ,til <s~4dl..._ ` i?Il •_ s ~i~#Yl .»,...f)1.1~r. ~ i'l4 tit. ;l.l ,. ;?i7T~l ~"ii;ic C. -, .?kl>i ,~, t. ~ti`, ,11+.# ~~T't't :< ~ ritiP: l~ 1`;i?i;i. xS ~'*tl,~c; .., '° ., . ~;-1'~Di'ltli `~ (STipb~. -~~~ ~JI'~%~s~, iTiU~ 4'Y'£Itdtfl iH,3~ .~~C E~7o (' .it~~ir 9~..13~i~H~ ~Ti~..P.~ if1{4~1.4~,1y e~~)3`l~ .~i~- ~ii11. ,~` 7 'S ~s. ~h~ ~ ~~r . ,~ i°,~ ~, ~ €i.. , , •, i~ i. • .°~tkar~ tt~i h,1i1#s<. .:c~sl~r~ict Brit i~, ~ : _.. . «fSi :. __ x>`~Fd, /~S€'4~ 5~.1..i.1 1 \;., ,=~z~;xlk ,..... Yi~~\~~.1•.~ 1#,. ,::-d t°s. ~ .! • „'Nti: .. „i 1 € `'1i;. 4' ,;. °;tr~E ~.~s,~t~~isc~ iii {~;! # i?;'_€7l: ~ (3; ,ors! 1;, -'{~(~. ~.~:: l}. ~ ~' r~ ; j ~, s.~f ~ ! 3' s., j~:, ~~.~ ~i7c1 ti[ ii ~_ Josh H Ikema From: Jamie Brockway (jtirockwayQnrhtx.Comj Sent; Thursday, March 25, 2010 11:26 AM To: Josh Hylkema Sutaject: 09-014 CJA 1st renewal Please respctnsecl by April. 1, ~(11C} March 2s, ~t}14 l3ig City (,rushed Concrete I'.C3. Box 29$lG L}allas,l'`exas 15229 Phone: 972-'143-5:524 Fax: 9'72-243-4353 Re: P.FB Na. 49-O14 r'JU~ual Contract fc}r the purchase of Topsoil, Sand and Flexlaase Rlaterial-item Faur (fl4;claasej awardedl~y C;auncil in r`,pril of 2009. (Ft~2009-011 Referenced contract was for one {1~ year with two {2) options to renew for add~itianal twelve ~l2) months each. The original contract was far the period crf i41ay 1, 2009 thraugh April 30, 201. ().The ef't'~ct~-e d.atcs tcrr the first renewal option 4vi11 run !:corn Irtay 1, 2b10 thraugh April 30, 2011. The North Richland Mills Purchasing 1~epartnTCnt hcreh}~ exts:nds an invitation to Big Cit}~ (;rushed (.ancrete to accept tlt;. first option for an additional one (1) year period far this cornraGt as awarded on Al~:il 27, 2009. Please nark the appropriate response below and provide youe sig~lature above yetu- printed. name. All prices muse rerrrain Finn for the Option Renewal period through April 3(i, 2d)1 1. (, i/°7~~'es, $ig Caty £ruskad C'ancret willuoc~pt 'the alfer to axt~nu the sa~nc contract l~ric[,zg tlucugh April aUx 2(}l 1. ~~ No,13ig City C'iushed C;ancrete will NCJ'T' accept the offer tcs extand the satt~e contract pricing through Aprit 30, 2011. Please fax you si~,ned response to (817) 42?-G151 by April 1, 2010. s:in~~r;rly ,~ -~ ~~ -- Ja ie I3rorl.way, Purchasing A~tarrg~^ Iu rr Hy ~ma l`;ity ot~Noi~h Ri~hlui c3 Bills I~~g " y Cr tad ('oucrete Chris Lo From: Jamie Brortcway ljbrockway(~nrhtx.coml Sent; Thursday, March 25.201011'31 ARtI 70: Chris Loy Subject: D9~014 CJA 1st renewal Please tesponsed by April 1,124j1U r }'"~ ~~j ~ - ^~ City of C~.oice Mt~rch 25, 3010 D'FW Materials P.O.t3ox 79026 Saginaw, Texas ?6179 Phone: 817-378-8133 Fax. 817-3 78-8136 iio; FtFB 90. U9-fl 14 Annual Contract for the purchase of Topsail, Sand and Flexbase Material-item Five (3/4" utility rack) and item Six {#10 chat} awarded by Counoil in April of 2009. (P'U2009-011} lteferenci:d contract was tar one (1}year with twa {2) options to renew for additional twelve (12}months each, The original contract was for the period of May t, 2009 through Apri130, 201 fl. The effective dates for the fvst renewal option will run from May 1, 2014 through ppri13Q 2011. The North Tichlaad Hills Purchasing Departrnont hereby extends an invitation to DPW Materials to accept the ftrst option far an additional one (1) year period for this contract as awarded on Aprl2?, 2009. Please mark the appropriate response below and provide your signature above your printed Hama. All prices must r3main f rrrt for the Option ltcanewal period through Apri130, 2011. `'i( c5) yes,17r1 W Materials will accept tht offer to extend the same contract pricing through Apri130, 2011. (~) No, llFW Materials ~vi111dOT accept the offer to extend the same contract pricing through April 30, 2011. please fax you signed response to (817) 42?-6151 by April 1, 2U10. -Sincerely, n _ '' Januo $raekway, Fur~husin~ ttangr,~~ Chris Luy Gizy ofNurth ttichtarul Hins DPW Materials CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 4-12-2010 Presented by: Gregory Van Nieuwenhuize Agenda No. B.4 Subject: PW 2010-017 Approve a Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Enterprise Texas Pipeline, LLC, for the Installation of a 30-inch Diameter Gas Pipeline within Onyx Drive South Right-of-Way The Council is being asked to approve an agreement with Enterprise Texas Pipeline, a gas pipeline company, allowing for the installation of a 30-inch diameter gas pipeline within the Right-of-Way of Onyx Drive South at the eastern edge of Fossil Creek Park. (This Agenda Item and the next Agenda Item are almost identical.) Background: Staff has worked with Enterprise Texas Pipeline (ETP) for many months (and Texas Midstream Gas Services as addressed in the next agenda item) in determining a suitable route fora 30-inch diameter gas pipeline that ETP desired on City property in the southwestern portion of the City. At the February 8, 2010 City Council Meeting, the Council approved a 20-year license agreement with ETP which essentially approved the selected route and identified the fees that ETP was to pay the City. This route allows ETP to cross (underground) both Fossil Creek Park property and Iron Horse Golf Course property within a 20-foot wide easement (this is the same easement that will be used by Texas Midstream Gas Services). The approved route generally follows Big Fossil Creek in this area of the City. While this recently approved license agreement allowed a gas pipeline to be constructed within property owned by the City of North Richland Hills, it did not cover the crossing of any public Rights-of-Ways (ROW). The only public ROW affected by this pipeline route is the crossing of Onyx Drive South at the eastern edge of Fossil Creek Park. The enclosed Public Right-of-Way Use Agreement states the conditions that ETP must comply with in order for their gas pipeline to cross Onyx Drive South. Some of these conditions include: • Prior to any kind of construction, maintenance, or other work that requires the excavation, lane closure, or other physical use of Onyx Drive South, ETP shall provide at least 48 hours' advance written notice to the owners of property adjacent to Onyx Drive South. (In the case of emergencies ETP shall provide notice to the affected landowners within 24 hours after commencement of work.) ETP shall bury its pipeline at least four feet (4') deep except underneath the actual paved portion of Onyx Drive South at which point the pipeline shall be at least seven feet (7') below the lowest point of pavement. ETP is proposing to be roughly 16-feet deep below Onyx Drive South. If ETP disturbs the ROW during the course of the agreement, ETP shall diligently commence restoration within 30 calendar days. Any private service/utility lines that are in any way disturbed or damaged by ETP's construction, operation, maintenance, etc., shall be repaired at ETP's sole cost and expense within 24 hours. Upon the revocation, termination or expiration without extension or renewal of the agreement, ETP's right to use the public ROW under the agreement shall cease and ETP shall immediately discontinue the transportation of gas in or through the pipeline. Within six (6) months following such revocation, termination, or expiration and, if the City requests, ETP, at ETP's sole cost and expense, shall remove the pipeline from the public ROW (or cap the Pipeline and abandon it in place, if consented to by the City). • The term shall be 20 years (expiring at 11:59 P.M. CST on April 12, 2030). • ETP shall pay the City the amount of $2,350.00 covering the 20-year term. Presently, the City has only approved one other Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing). This previously approved agreement was for the gas pipeline that serves the Graham Gas Well Site. This previous agreement covered that gas pipeline's crossing of Chapman Road and Rufe Snow Drive. Recommendation: Approve the Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Enterprise Texas Pipeline, LLC, for the Installation of a 30-inch Diameter Gas Pipeline within Onyx Drive South Right-of-Way and authorize the City Manager to execute such Agreement. 1 tnterpnse i exas ripeiine vas Pipeline Route ~' /' PUBLIC RIGHT-OF-WAY USE AGREEMENT (NATURAL GAS PIPELINE CROSSING) The following statements are true and correct and constitute the basis upon which the parties have executed this Agreement. A. Enterprise Texas Pipeline LLC, a Texas limited liability company duly authorized to do business in Texas ("Company") wishes to construct a pipeline for the transportation of natural gas under certain Public Rights-of-Way. B. The City has reviewed Company's request and agrees to grant Company a license to use certain Public Rights-of-Ways in order to erect, construct, install, operate, repair, maintain, and remove a Pipeline, on the terms and conditions set forth herein, solely for the transportation of Gas and solely in accordance with the terms and conditions of this Agreement. 1. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean this Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing). Company shall mean Enterprise Texas Pipeline LLC, a Texas limited liability company, only and shall not include any Affiliate or third party. City shall mean the area within the corporate limits of the City of North Richland Hills, Texas and the governing body of the City of North Richland Hills, Texas. City Manager shall mean the City Manager of the City of North Richland Hills, Texas. Commission shall mean the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Commission. Customer shall mean any Person located, in whole or in part, within the City. Development Review Committee (DRC) shall mean the City's internal staff review committee that includes, but is not limited to, representatives of the departments of planning and development, inspections, public works, fire, police, parks and recreation, neighborhood services, economic development, and the Gas Inspector. Gas shall mean gaseous natural gas, liquefied natural gas, the constituents thereof or any mixture thereof. Gas Inspector shall mean an individual designated by the City Manager or any other Person or entity so designated as an inspector by the City Manager. Gas Pipeline Construction Plans shall mean the necessary gas pipeline construction documents that shall be submitted at time of gas pipeline permit application. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of business entity or association. Pipeline shall mean the thirty inch (30") nominal diameter natural gas pipeline and appurtenant facilities that are installed by Company in the Public Rights-of-Way in accordance with this Agreement. Public Right-of-Way shall mean only those dedicated public streets, highways, alleys and rights-of-way in the City identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Public Works Department shall mean the Public Works Department of the City of North Richland Hills, Texas. 2. GRANT OF RIGHTS. 2.1 General Use of Public Rights-of-Way for Provision of Gas. Subject to the terms and conditions set forth in this Agreement pursuant to §§181.005, 181.006 of the Texas Utilities Code, the City, to the extent of its interest therein, hereby grants Company a license to (i) erect, construct, install, operate, repair, maintain, and remove the Pipeline in, under, along and across the Public Rights-of-Ways and (ii) transport Gas through the portions of the Pipeline in, under, along and across the Public Rights-of-Ways as described in Exhibit A attached. Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the Public Rights-of-Ways and does not allow Company to sell or otherwise provide Gas to any Customer within the City. 2.2 Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights-of--Ways to other Persons in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights-of-Ways that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights-of--Ways, the City will resolve such dispute in a manner that does not result in unreasonable interterence with Company's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights-of-Ways by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights-of-Ways, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3 Other Permits. This Agreement does not relieve Company of any obligation to obtain other appropriate permits, licenses and other approvals from the City or other regulatory agency necessary for the erection, construction, installation, maintenance, removal or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4 Bonds. Before beginning any work that requires excavation in the Public Rights-of-Ways, Company shall deliver to City a bond executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the amount of $50,000 for two years. The bond shall guarantee (i) the faithful performance and completion of all construction, maintenance, removal or repair work in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of that contract; (iii) that Company shall restore the Public Rights-of-Ways affected by such excavation in a satisfactory and workmanlike manner; (iv) that the restoration work shall be maintained in a state of repair satisfactory to the City for a period of two years following the date the City approves the restoration; and (v) Company shall fully comply with any valid and enforceable City ordinances governing excavation in the Public Rights-of-Ways. If the Company meets its obligations under this Section, the City shall return the bond to the Company upon expiration of the two-year period. The bonds shall name the City as obligee. 3. TERM. This Agreement shall become effective on the date as of which both parties have executed it ("Effective Date") and shall expire at 11:59 P.M. CST on AAril 12, 2030 unless terminated earlier as provided herein. This Agreement shall have a term of twenty (20) years. 4. FEES AND PAYMENTS TO CITY. 4.1. Right-of-way charge. On or prior to the Effective Date of this Agreement, Company shall pay City aright-of-way fee (the "Right-of-Way Fee") to cover the anticipated cost to the City of administering, supervising, inspecting, and otherwise regulating the location of the Pipeline within the Public Rights-of-Way, including maintaining records and maps of the location of the Pipeline within the Public Rights-of--Way. In lieu of an annual fee, Company shall pay City a single payment in the amount of $ 2,350.00 covering the entire 20 year term hereof. 4.2. Other Payments and Interest. The payment of the Right-of-Way Fee does not excuse Company from any property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City, subject to the limits on fees in Section 121.2025 of the Texas Utilities Code or its successor. 5. REGULATORY AUTHORITY OF THE CITY. Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public, to the extent that regulation is valid under applicable federal or state law. In this connection, Company shall be subject to, governed by and shall comply with all applicable and valid federal, state and local laws, including all applicable and valid ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. 6. USE OF PUBLIC RIGHTS-OF-WAYS. 6.1. Compliance with Laws, Ordinances. Rules and Regulations. The City has the right to control and regulate the use of the Public Rights-of- Ways and other City-owned property. Company shall comply with all valid and applicable laws, ordinances, rules and regulations, including, but not limited to, valid and applicable City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. 6.2. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Public Rights-of- Ways by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Public Rights- of-Ways, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions reasonably determined by the City to be in the public interest to remove or alleviate such undue burden. 6.3. Minimallnterference. 6.3.1. Notice. Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs, or other work that requires the excavation, lane closure, or other physical use of the Public Rights-of-Ways, Company shall, except for work required to address an emergency, provide at least 48 hours' advance written notice to the owners of property adjacent to the Public Rights-of-Ways that will be affected. In the case of emergencies Company shall provide notice to the affected landowners within 24 hours after commencement of work. 6.3.2. Worksite Regulations. During any such work, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the right-of- way adjacent to the improved portion of the road shall be restored and revegetated. 6.3.3. Burial. Company shall bury or have buried its Pipeline at least four feet (4') deep except underneath public roads that are on the Public Rights-of--Way. Underneath public roads on the Public Rights-of-Way, below-ground parts of the Pipeline shall be at least seven feet (7') below the lowest point in such road pavement. When the Pipeline can not be bored, during backfill of the Pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot above the Pipeline to warn future excavators of the presence of the Pipeline. 6.4. "As-Built" Plans and Maps. Company, at Company's sole cost and expense, shall provide the City with as-built plans of all portions of the Pipeline located within the City, including those portions within the Public Rights-of-Way, and maps showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as-built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 6.5. Marking of Pipeline. In addition to the markings required pursuant to 49 C.F.R. § 192.707 or its successor, Company shall mark the Pipeline in a manner that is reasonably acceptable to the Gas Inspector, to show conspicuously Company's name, a toll-free telephone number of Company that a Person may call for assistance and the appropriate Texas One Call System telephone number. 6.6. Pavement Cut Coordination and Additional Fees. The City shall have the right to coordinate all excavation work in the Public Rights-of-Ways in a manner that is consistent with and convenient for the implementation of the City's program for street construction, rebuilding, resurfacing and repair. To preserve the integrity of the Public Rights-of-Ways, Company shall not cut, excavate or otherwise breach or damage the surface of any paved Public Right-of-Ways within 96 months following the construction or resurfacing of such Public Right-of-Ways unless Company obtains written consent from the City Manager, which consent shall not be unreasonably refused, withheld, conditioned, or delayed; pays an additional fee reasonably agreed to by and between the parties; and restores the Public Rights-of-Ways in accordance with this Agreement. 6.7. Restoration of Public Rights-of-Wavs and Proaerty. Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Public Rights-of-Ways, City- owned property or other privately-owned property that is in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Company shall diligently commence such restoration within 30 calendar days following the date that Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within 30 calendar days following such removal. Any private service/utility lines that are in any way disturbed or damaged by the Company's construction, operation, maintenance or removal of any of the Pipeline, shall be repaired at the Company's sole cost and expense within 24 hours. 6.8. Relocation of Pipeline. Within one hundred and eighty (180) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect, alter or remove from the Public Rights-of-Ways all or any portion of its Pipeline due to (i) street or other public excavation, construction, repair, grading, regrading, or traffic conditions; (ii) the installation of sewers, drains, water pipes or municipally-owned facilities of any kind; (iii) the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; (iv) any public work; or (v) any other type of improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If Company reasonably requires more than one hundred eighty (180) days to comply with the City's written request, it shall notify the City Manager in writing and the City will work in good faith with Company to negotiate a workable time frame. Any relocation will require that the Public Works Department, at Company's expense, approve Company's plans. It is the desire of both parties to determine such relocation within the existing Public Rights-of- Ways. 6.9. Emergencies. 6.9.1. Work by the Citv. For purposes of this Section 6.9.1, a public emergency shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed reasonably appropriate by the City Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 7.1, that may occur to the Pipeline or that Company may otherwise incur as a result of such necessary response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including, without limitation, any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.9.2. Work by or on Behalf of Company. In the event of an emergency that directly involves any portion of the Pipeline and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain a construction permit from the DRC and otherwise fully comply with the requirements of this Agreement. 6.10. Removal of Pipeline. 6.10.1. Company Obligated to Remove. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the Public Rights-of-Ways under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the Pipeline. Within six (6) months following such revocation, termination, or expiration and, if the City requests, Company, at Company's sole cost and expense, shall remove the Pipeline from the Public Rights- of-Ways (or cap the Pipeline and abandon it in place, if consented to by the City), in accordance with applicable laws and regulations. 6.10.2. City's Right to Remove. If Company has not removed all of the Pipeline from the Public Rights-of-Ways (or capped the Pipeline and abandoned it in place, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the Public Rights-of-Ways abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon the Pipeline within the City except in compliance with any requirements of the Commission or successor agency or any other regulatory authority with such jurisdiction. 6.10.3. Restoration of Property. Within six (6) months following revocation, termination or expiration of this Agreement and in accordance with Section 6.7 of this Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all reasonable costs incurred in performing or having performed such restoration work. 7. LIABILITY AND INDEMNIFICATION. 7.1. Liability of Company. Company shall be liable and responsible for any and all of City's damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages"), which may arise out of: (i) the construction, installation, operation, maintenance or condition of the Pipeline; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors with respect to the Pipeline; or (iv) Company's failure to comply with any valid and applicable federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the gross negligence or intentional misconduct of the City. 7.2. Indemnification. COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS ("INDEMNITEES"), FROM AND AGAINST ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF: (1) COMPANY'S CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (11) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; (Ill) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (11~ COMPANY'S FAILURE TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, ACTS; OR (1/) THE NEGLIGENT ACT OR OMISSION(S) OF THE CITY, ITS OFFICERS AND EMPLOYEES. 7.3. Assumption of Risk. Company hereby undertakes and assumes, for and on behalf of Company, its officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous conditions, if any, on or about any City-owned or City-controlled property, including, but not limited to, the Public Rights-of-Ways. 7.4. Defense of Indemnitees. If an action is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City, at City's own expense. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Public Rights-of-Ways and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline, as follows: 8.1. Primary Liability Insurance Coveraqe. 8.1.1. Commercial General Liability: $5,000,000 per occurrence, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse and underground property damage. 8.1.2. Property Damage Liability: $1,000,000 per occurrence 8.1.3. Automobile Liability: $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non-owned motor vehicles used in conjunction with the rights granted under this Agreement 8.1.4. Worker's Compensation: As required by law; and, 8.1.5 Employer's Liability: $1,000,000 per accident 8.2. Requirements and Revisions to Required Coveraqe. The City may, not more than once every five years during the term of this Agreement, revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ninety days of receipt of written notice from the City, Company will implement all such revisions reasonably requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal or amendment, shall be made without thirty (30) days' prior written notice to the City. The policies and Certificate of Insurance provided to the City shall contain the following language: CANCELLATION CLAUSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREFORE, THE ISSUING INSURER WILL PROVIDE 30 DAYS WRITTEN NOTICE TO THE NAMED CERTIFICATE HOLDER. 8.3. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. No construction shall commence until such certificates are received. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles.Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $50,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 8.5. No Limitation of Liability.The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 9. DEFAULT. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: 9.1. Breach. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or materially fails to perform any obligation required by this Agreement. 9.2. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.3. Violations of the Law. An Event of Default shall occur if the Pipeline or Company's operation of the Pipeline violates any valid and applicable existing or future federal, state or local laws or any applicable existing or future ordinances, rules and regulations of the City. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opportunity to Cure. If an Event of Default occurs, then City shall provide Company with written notice of such Default and shall give Company the opportunity to cure such Event of Default. For an Event of Default, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. In the event the Default can not be cured within said thirty (30) days, so long as Company is acting in good faith, with due diligence to cure said Event of Default shall not be deemed an "Uncured Default." If any Event of Default is not cured within the time period specified herein and Company is not continuing to cure said Default in good faith with due diligence, such "Event of Default" shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive Right-of-Way Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the Public Rights-of-Ways as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Company may not abandon the Pipeline except in compliance with any requirements of the Commission or successor agency or other regulatory authority with jurisdiction. 10.2.2. Legal Action Against Company. Upon the occurrence of an "Uncured Default", the City may commence against Company an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION. 11.1. Right to Information. City shall, until the expiration of three (3) years after the termination of the final extension under this Agreement, have the right to request and receive all Company records, documents, and other items that identify the locations of the Pipeline or transactions under this Agreement. 11.2 Filings with the Commission. Company shall, upon request, provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of gas through or other operations in the City, including, but not limited to, filings related to (i) rules, regulations and policies requested, under consideration or approved by the Commission; and (ii) applications and any supporting pre- filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the City with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation. 11.3. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and/or the transportation of Gas through the Public Rights-of-Way within thirty (30) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the details of its business and other operations necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. 13. ASSIGNMENT. Company may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld; provided, however, that Company may make such an assignment of its rights to an affiliated company without the consent of City, provided, that upon such assignment, Company shall notify City within sixty (60) days of said assignment. An `affiliated company' shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled by, or is under common control with Company. For purposes of this clause, `control' means direct or indirect ownership of fifty percent (50%) or more of the voting rights of the subject entity. Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be applicable to Company and such affiliated assignee Every transferee shall succeed to all rights and be subject to all obligations, liabilities, and penalties owed to the City by the Company or any prior transferee of this Agreement, including any liabilities to the City for unpaid sums. No such transfer shall release the Company (or any subsequent transferor) from any obligation hereunder. 14. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: To the CITY: City of North Richland Hills Attn: Mark Hindman, City Manager 7301 N.E. Loop 820 North Richland Hills, Texas 76180 To the COMPANY: Enterprise Texas Pipeline LLC Land Department 1100 Louisiana Street, Suite 1000 Houston, Texas 77002 15. NON-DISCRIMINATION COVENANT. Company shall not discriminate against any individual person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation, or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company, or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use of the Public Rights-of-Ways, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. MISCELLANEOUS PROVISIONS. 18.1. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Company agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 18.2. Force Maieure. In the event Company's performance of any of the terms, conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non-performance shall be deemed excused for the period of such inability and for thirty (30) days thereafter. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 18.3. Headings Not Controlling. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 18.4. Entirety of Agreement. This Agreement, including the exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. EXECUTED as of the later date below: CITY OF NORTH RICHLAND HILLS: By: Mark Hindman, City Manager Date: APPROVED AS TO FORM: By: George Staples, City Attorney ENTERPRISE TEXAS PIPELINE, L.L.C.: By: Marc Tausend, Land Representative Date: ~_ ;~ i' i~] i~ Il.• > c_ F v u r ` ,7 _' L f Z .e i r ~ 1 ~ I ! T ,/ ' EXHIBIT "A" .,, „ - ~ ~„-~ Mme. .-, ~ / r ~ ; -._- . L J ___ ~, ;, ,~ {; ~?, 1~ .~ Y: :i ~ 1 ._ y. ~ ' ~? IZ.1 s+ir ' ~r _- iz. c' ii5 ' ~ L ~ ~ f 1 L ~ =: L ~_ -J ~ l,< ~ ~ ~'. ~~ r J w F ~ Y I ~ ~ 1 c ~' y ~9ES ~ ~ 'Y « ,r c ~ i ~ ~- c~, ~ ~~~~ ~ c ~ is =i ~. 'I i " ~ r- i~,y °~~ ~a a r U I ~" U z ~ E' n a ~ Z4~ ~~ ~ z ~ ~ ~ ~ il~ i. ~ w ~ l ~ ~ ~ € X C ` s `J~ L F ~ ~ 6 ~ '~ n ~y r~ k P i ~ . ~ / M,r r~+,_~! ~ ~ c ,u ', a S- ~._ ~ a ~ .. 3H~ ,.,1yM„ 5y 7Lii ~ ,r+~ ~ulusr_c~i r, k_, ~ z F ~ ~ ~~' BPS f j ~ -~n~ 7M.~ f a ..3 ~I' i ~ i ~ = z ~. E ~~ ~ ~ F i v a i~! 3;i(i. !LT9lie i ~ -.E ~- r `~ , 3 i :~=~' x., F ~ .. ~ '~ k y ~ l s~ d~ ~~ i ~_ _ ~~ w4 x ~% < c. ~~ W r~ c ~ ~ u 7F ~ - n , ~; w .1 3 ~ ~ F ~ ~ ik. w ~~:~1:4: a CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 4-12-2010 Presented by: Gregory Van Nieuwenhuize Agenda No. B.5 Subject: PW 2010-018 Approve a Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Texas Midstream Gas Services, LLC, for the Installation of a 24- inch Diameter Gas Pipeline within Onyx Drive South Right-of-Way The Council is being asked to approve an agreement with Texas Midstream Gas Services, a gas pipeline company, allowing for the installation of a 24-inch diameter gas pipeline within the Right-of-Way of Onyx Drive South at the eastern edge of Fossil Creek Park. Background: Staff has worked with Texas Midstream Gas Services (TMGS) for many months in determining a suitable route fora 24-inch diameter gas pipeline that TMGS desired on City property in the southwestern portion of the City. At the February 8, 2010 City Council Meeting, the Council approved a 20-year license agreement with TMGS which essentially approved the selected route and identified the fees that TMGS was to pay the City. This route allows TMGS to cross (underground) both Fossil Creek Park property and Iron Horse Golf Course property within a 20-foot wide easement (this is the same easement that will be used by Enterprise Texas Pipeline). The approved route generally follows Big Fossil Creek in this area of the City. While this recently approved license agreement allowed a gas pipeline to be constructed within property owned by the City of North Richland Hills, it did not cover the crossing of any public Rights-of-Ways (ROW). The only public ROW affected by this pipeline route is the crossing of Onyx Drive South at the eastern edge of Fossil Creek Park. The enclosed Public Right-of-Way Use Agreement states the conditions that TMGS must comply with in order for their gas pipeline to cross Onyx Drive South. Some of these conditions include: Prior to any kind of construction, maintenance, or other work that requires the excavation, lane closure, or other physical use of Onyx Drive South, TMGS shall provide at least 48 hours' advance written notice to the owners of property adjacent to Onyx Drive South. (In the case of emergencies TMGS shall provide notice to the affected landowners within 24 hours after commencement of work.) • TMGS shall bury its pipeline at least four feet (4') deep except underneath the actual paved portion of Onyx Drive South at which point the pipeline shall be at least seven feet (7') below the lowest point of pavement. TMGS is proposing to be roughly 16-feet deep below Onyx Drive South. If TMGS disturbs the ROW during the course of the agreement, TMGS shall diligently commence restoration within 30 calendar days. Any private service/utility lines that are in any way disturbed or damaged by TMGS's construction, operation, maintenance, etc., shall be repaired at TMGS's sole cost and expense within 24 hours. Upon the revocation, termination or expiration without extension or renewal of the agreement, TMGS's right to use the public ROW under the agreement shall cease and TMGS shall immediately discontinue the transportation of gas in or through the pipeline. Within six (6) months following such revocation, termination, or expiration and, if the City requests, TMGS, at TMGS's sole cost and expense, shall remove the pipeline from the public ROW (or cap the Pipeline and abandon it in place, if consented to by the City). • The term shall be 20 years (expiring at 11:59 P.M. CST on April 12, 2030). • TMGS shall pay the City the amount of $2,350.00 covering the 20-year term. Presently, the City has only approved one other Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing). This previously approved agreement was for the gas pipeline that serves the Graham Gas Well Site. This previous agreement covered that gas pipeline's crossing of Chapman Road and Rufe Snow Drive. Recommendation: Approve the Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Texas Midstream Gas Services, LLC, for the Installation of a 24-inch Diameter Gas Pipeline within Onyx Drive South Right-of-Way and authorize the City Manager to execute such Agreement. ~ ~ ~ exas ivnasueam vas Services Gas Pipeline Route Ir PUBLIC RIGHT-OF-WAY USE AGREEMENT (NATURAL GAS PIPELINE CROSSING) The following statements are true and correct and constitute the basis upon which the parties have executed this Agreement. A. Texas Midstream Gas Services, LLC, an Oklahoma Limited Liability Company duly authorized to do business in Texas ("Company") wishes to construct a pipeline for the transportation of natural gas under certain Public Rights-of-Way. B. The City has reviewed Company's request and agrees to grant Company a license to use certain Public Rights-of-Ways in order to erect, construct, install, operate, repair, maintain, and remove a Pipeline, on the terms and conditions set forth herein, solely for the transportation of Gas and solely in accordance with the terms and conditions of this Agreement. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean this Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing). Company shall mean Texas Midstream Gas Services, LLC, an Oklahoma Limited Liability Company, only and shall not include any Affiliate or third party. City shall mean the area within the corporate limits of the City of North Richland Hills, Texas and the governing body of the City of North Richland Hills, Texas. City Manager shall mean the City Manager of the City of North Richland Hills, Texas. Commission shall mean the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Commission. Customer shall mean any Person located, in whole or in part, within the City. Development Review Committee (DRCj shall mean the City's internal staff review committee that includes, but is not limited to, representatives of the departments of planning and development, inspections, public works, fire, police, parks and recreation, neighborhood services, economic development, and the Gas Inspector. Gas shall mean gaseous natural gas, liquefied natural gas, the constituents thereof or any mixture thereof. Gas Inspector shall mean an individual designated by the City Manager or any other Person or entity so designated as an inspector by the City Manager. Gas Pipeline Construction Plans shall mean the necessary gas pipeline construction documents that shall be submitted at time of gas pipeline permit application. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of business entity or association. Pipeline shall mean the twenty-four inch (24") nominal diameter natural gas pipeline and appurtenant facilities that are installed by Company in the Public Rights-of-Way in accordance with this Agreement. Public Right-of-Way shall mean only those dedicated public streets, highways, alleys and rights-of-way in the City identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Public Works Department shall mean the Public Works Department of the City of North Richland Hills, Texas. 2. GRANT OF RIGHTS. 2.1 General Use of Public Rights-of-Way for Provision of Gas. Subject to the terms and conditions set forth in this Agreement pursuant to §§181.005, 181.006 of the Texas Utilities Code, the City, to the extent of its interest therein, hereby grants Company a license to (i) erect, construct, install, operate, repair, maintain, and remove the Pipeline in, under, along and across the Public Rights-of-Ways and (ii) transport Gas through the portions of the Pipeline in, under, along and across the Public Rights-of-Ways as described in Exhibit A attached. Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the Public Rights-of-Ways and does not allow Company to sell or otherwise provide Gas to any Customer within the City. 2.2 Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights-of-Ways to other Persons in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights-of-Ways that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights-of-Ways, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights-of-Ways by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights-of-Ways, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3 Other Permits. This Agreement does not relieve Company of any obligation to obtain other appropriate permits, licenses and other approvals from the City or other regulatory agency necessary for the erection, construction, installation, maintenance, removal or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4 Bonds. Before beginning any work that requires excavation in the Public Rights-of-Ways, Company shall deliver to City a bond executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the amount of $50,000 for two years. The bond shall guarantee (i) the faithful performance and completion of all construction, maintenance, removal or repair work in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of that contract; (iii) that Company shall restore the Public Rights-of-Ways affected by such excavation in a satisfactory and workmanlike manner; (iv) that the restoration work shall be maintained in a state of repair satisfactory to the City for a period of two years following the date the City approves the restoration; and (v) Company shall fully comply with any valid and enforceable City ordinances governing excavation in the Public Rights-of-Ways. If the Company meets its obligations under this Section, the City shall return the bond to the Company upon expiration of the two-year period. The bonds shall name the City as obligee. 3. TERM. This Agreement shall become effective on the date as of which both parties have executed it ("Effective Date") and shall expire at 11:59 P.M. CST on April 12, 2030 unless terminated earlier as provided herein. This Agreement shall have a term of twenty (20) years. 4. FEES AND PAYMENTS TO CITY. 4.1. Right-of-way charge. On or prior to the Effective Date of this Agreement, Company shall pay City aright-of-way fee (the "Right-of-Way Fee") to cover the anticipated cost to the City of administering, supervising, inspecting, and otherwise regulating the location of the Pipeline within the Public Rights-of-Way, including maintaining records and maps of the location of the Pipeline within the Public Rights-of-Way. In lieu of an annual fee, Company shall pay City a single payment in the amount of $ 2,350.00 covering the entire 20 year term hereof. 4.2. Other Payments and Interest. The payment of the Right-of-Way Fee does not excuse Company from any property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City, subject to the limits on fees in Section 121.2025 of the Texas Utilities Code or its successor. 5. REGULATORY AUTHORITY OF THE CITY. Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public, to the extent that regulation is valid under applicable federal or state law. In this connection, Company shall be subject to, governed by and shall comply with all applicable and valid federal, state and local laws, including all applicable and valid ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. 6. USE OF PUBLIC RIGHTS-OF-WAYS. 6.1. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the Public Rights-of- Ways and other City-owned property. Company shall comply with all valid and applicable laws, ordinances, rules and regulations, including, but not limited to, valid and applicable City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. 6.2. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Public Rights-of- Ways by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Public Rights- of-Ways, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions reasonably determined by the City to be in the public interest to remove or alleviate such undue burden. 6.3. Minimallnterference. 6.3.1. Notice. Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs, or other work that requires the excavation, lane closure, or other physical use of the Public Rights-of-Ways, Company shall, except for work required to address an emergency, provide at least 48 hours' advance written notice to the owners of property adjacent to the Public Rights-of-Ways that will be affected. In the case of emergencies Company shall provide notice to the affected landowners within 24 hours after commencement of work. 6.3.2. Worksite Regulations. During any such work, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the right-of- way adjacent to the improved portion of the road shall be restored and revegetated. 6.3.3. Burial. Company shall bury or have buried its Pipeline at least four feet (4') deep except underneath public roads that are on the Public Rights-of-Way. Underneath public roads on the Public Rights-of-Way, below-ground parts of the Pipeline shall be at least seven feet (7') below the lowest point in such road pavement. When the Pipeline can not be bored, during backfill of the Pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot above the Pipeline to warn future excavators of the presence of the Pipeline. 6.4. "As-Built" Plans and Maps. Company, at Company's sole cost and expense, shall provide the City with as-built plans of all portions of the Pipeline located within the City, including those portions within the Public Rights-of-Way, and maps showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as-built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 6.5. Marking of Pipeline. In addition to the markings required pursuant to 49 C.F.R. § 192.707 or its successor, Company shall mark the Pipeline in a manner that is reasonably acceptable to the Gas Inspector, to show conspicuously Company's name, a toll-free telephone number of Company that a Person may call for assistance and the appropriate Texas One Call System telephone number. 6.6. Pavement Cut Coordination and Additional Fees. The City shall have the right to coordinate all excavation work in the Public Rights-of-Ways in a manner that is consistent with and convenient for the implementation of the City's program for street construction, rebuilding, resurfacing and repair. To preserve the integrity of the Public Rights-of-Ways, Company shall not cut, excavate or otherwise breach or damage the surtace of any paved Public Right-of-Ways within 96 months following the construction or resurfacing of such Public Right-of-Ways unless Company obtains written consent from the City Manager, which consent shall not be unreasonably refused, withheld, conditioned, or delayed; pays an additional fee reasonably agreed to by and between the parties; and restores the Public Rights-of-Ways in accordance with this Agreement. 6.7. Restoration of Public Rights-of-Ways and Property. Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Public Rights-of-Ways, City- owned property or other privately-owned property that is in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Company shall diligently commence such restoration within 30 calendar days following the date that Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within 30 calendar days following such removal. Any private service/utility lines that are in any way disturbed or damaged by the Company's construction, operation, maintenance or removal of any of the Pipeline, shall be repaired at the Company's sole cost and expense within 24 hours. 6.8. Relocation of Pipeline. Within one hundred and eighty (180) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect, alter or remove from the Public Rights-of-Ways all or any portion of its Pipeline due to (i) street or other public excavation, construction, repair, grading, regrading, or traffic conditions; (ii) the installation of sewers, drains, water pipes or municipally-owned facilities of any kind; (iii) the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; (iv) any public work; or (v) any other type of improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If Company reasonably requires more than one hundred eighty (180) days to comply with the City's written request, it shall notify the City Manager in writing and the City will work in good faith with Company to negotiate a workable time frame. Any relocation will require that the Public Works Department, at Company's expense, approve Company's plans. It is the desire of both parties to determine such relocation within the existing Public Rights-of- Ways. 6.9. Emergencies. 6.9.1. Work by the City. For purposes of this Section 6.9.1, a public emergency shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed reasonably appropriate by the City Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 7.1, that may occur to the Pipeline or that Company may otherwise incur as a result of such necessary response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including, without limitation, any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.9.2. Work by or on Behalf of Company. In the event of an emergency that directly involves any portion of the Pipeline and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain a construction permit from the DRC and otherwise fully comply with the requirements of this Agreement. 6.10. Removal of Pipeline. 6.10.1. Company Obligated to Remove. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the Public Rights-of-Ways under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the Pipeline. Within six (6) months following such revocation, termination, or expiration and, if the City requests, Company, at Company's sole cost and expense, shall remove the Pipeline from the Public Rights- of-Ways (or cap the Pipeline and abandon it in place, if consented to by the City), in accordance with applicable laws and regulations. 6.10.2. City's Right to Remove. If Company has not removed all of the Pipeline from the Public Rights-of--Ways (or capped the Pipeline and abandoned it in place, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the Public Rights-of-Ways abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon the Pipeline within the City except in compliance with any requirements of the Commission or successor agency or any other regulatory authority with such jurisdiction. 6.10.3. Restoration of Property. Within six (6) months following revocation, termination or expiration of this Agreement and in accordance with Section 6.7 of this Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all reasonable costs incurred in performing or having performed such restoration work. 7. LIABILITY AND INDEMNIFICATION. 7.1. Liability of Company. Company shall be liable and responsible for any and all of City's damages, losses, liabilities Qoint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages"), which may arise out of: (i) the construction, installation, operation, maintenance or condition of the Pipeline; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors with respect to the Pipeline; or (iv) Company's failure to comply with any valid and applicable federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the gross negligence or intentional misconduct of the City. 7.2. Indemnification. COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS ("INDEMNITEES"), FROM AND AGAINST ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF; (1) COMPANY'S CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (ll) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; (Ill) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (11~ COMPANY'S FAILURE TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, ACTS; OR (1/) THE NEGLIGENT ACT OR OMISSION(S) OF THE CITY, ITS OFFICERS AND EMPLOYEES. 7.3. Assumption of Risk. Company hereby undertakes and assumes, for and on behalf of Company, its officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous conditions, if any, on or about any City-owned or City-controlled property, including, but not limited to, the Public Rights-of-Ways. 7.4. Defense of Indemnitees. If an action is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City, at City's own expense. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Public Rights-of-Ways and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline, as follows: 8.1. Primary Liability Insurance Coverage. 8.1.1. Commercial General Liability: $5,000,000 per occurrence, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse and underground property damage. 8.1.2. ProAerty Damage Liability: $1,000,000 per occurrence 8.1.3. Automobile Liability: $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non-owned motor vehicles used in conjunction with the rights granted under this Agreement 8.1.4. Worker's Compensation: As required by law; and, 8.1.5 Employer's Liability: $1,000,000 per accident 8.2. Requirements and Revisions to Required Coverage. The City may, not more than once every five years during the term of this Agreement, revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ninety days of receipt of written notice from the City, Company will implement all such revisions reasonably requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal or amendment, shall be made without thirty (30) days' prior written notice to the City. The policies and Certificate of Insurance provided to the City shall contain the following language: CANCELLATION CLAUSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREFORE, THE ISSUING INSURER WILL PROVIDE 30 DAYS WRITTEN NOTICE TO THE NAMED CERTIFICATE HOLDER. 8.3. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. No construction shall commence until such certificates are received. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles.Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $50,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 8.5. No Limitation of Liability.The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 9. DEFAULT. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: 9.1. Breach. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or materially fails to perform any obligation required by this Agreement. 9.2. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.3. Violations of the Law. An Event of Default shall occur if the Pipeline or Company's operation of the Pipeline violates any valid and applicable existing or future federal, state or local laws or any applicable existing or future ordinances, rules and regulations of the City. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opportunity to Cure. If an Event of Default occurs, then City shall provide Company with written notice of such Default and shall give Company the opportunity to cure such Event of Default. For an Event of Default, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. In the event the Default can not be cured within said thirty (30) days, so long as Company is acting in good faith, with due diligence to cure said Event of Default shall not be deemed an "Uncured Default." If any Event of Default is not cured within the time period specified herein and Company is not continuing to cure said Default in good faith with due diligence, such "Event of Default" shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive Right-of-Way Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the Public Rights-of-Ways as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Company may not abandon the Pipeline except in compliance with any requirements of the Commission or successor agency or other regulatory authority with jurisdiction. 10.2.2. Legal Action Against Company. Upon the occurrence of an "Uncured Default", the City may commence against Company an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION. 11.1. Right to Information. City shall, until the expiration of three (3) years after the termination of the final extension under this Agreement, have the right to request and receive all Company records, documents, and other items that identify the locations of the Pipeline or transactions under this Agreement. 11.2 Filings with the Commission. Company shall, upon request, provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of gas through or other operations in the City, including, but not limited to, filings related to (i) rules, regulations and policies requested, under consideration or approved by the Commission; and (ii) applications and any supporting pre- filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the City with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation. 11.3. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and/or the transportation of Gas through the Public Rights-of-Way within thirty (30) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the details of its business and other operations necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. 13. ASSIGNMENT. Company may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld; provided, however, that Company may make such an assignment of its rights to an affiliated company without the consent of City, provided, that upon such assignment, Company shall notify City within sixty (60) days of said assignment. An 'affiliated company' shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled by, or is under common control with Company. For purposes of this clause, `control' means direct or indirect ownership of fifty percent (50%) or more of the voting rights of the subject entity. Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be applicable to Company and such affiliated assignee Every transferee shall succeed to all rights and be subject to all obligations, liabilities, and penalties owed to the City by the Company or any prior transferee of this Agreement, including any liabilities to the City for unpaid sums. No such transfer shall release the Company (or any subsequent transferor) from any obligation hereunder. 14. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: To the CITY: City of North Richland Hills Attn: Mark Hindman, City Manager 7301 N.E. Loop 820 North Richland Hills, Texas 76180 To the COMPANY: Texas Midstream Gas Services, L.L.C. Director-Right-of-Way Coordination P.O. Box 18162 Oklahoma City, OK 73154-0162 Physical Address: 6100 N. Western Avenue Oklahoma City, OK 73118-1044 15. NON-DISCRIMINATION COVENANT. Company shall not discriminate against any individual person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation, or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company, or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use of the Public Rights-of-Ways, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. MISCELLANEOUS PROVISIONS. 18.1. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Company agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 18.2. Force Maieure. In the event Company's performance of any of the terms, conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non-performance shall be deemed excused for the period of such inability and for thirty (30) days thereafter. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 18.3. Headings Not Controlling. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 18.4. Entirety of Agreement. This Agreement, including the exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. EXECUTED as of the later date below: CITY OF NORTH RICHLAND HILLS: TEXAS MIDSTREAM GAS SERVICES, L.L.C.: By: Mark Hindman, City Manager Date: APPROVED AS TO FORM: By: By: J. Michael Stice, Chief Executive Officer Date: George Staples, City Attorney . ~ ~ ,~. ., ~~~ ~ ~, ~ rw~w~ .. N xMi IlF ... T y ~;: °„'~ox--J` ;ham .~ ~.~ t ,, ;_. z ..._ :: e `' 1~~ ~~~ ~~~ ~ N ~ ~ f ~ ~ IZ _ N spy -ryry~ ~,~,~ ~ ~ ~~ i ~L Q y ~ ~ ! ~ C~ x " _ _- ~1~ y ~ ~ ,. ~- r t - T ~ 1~.~ .. i~ ~ -.. Z-.1t Y 'f 3 ~~ ; H1 B IT "A" x ~ ? ~ ul> T T T ~ ' _ ~ ry ~~ `== ~, °? ;~ , C p S ~ n_ Y m ~ L`) s ` ~ C..~. 1. m 1: ~~ ~ l.~ I-.. Y ~ 4i 2 ~-..I x ~i R § ± { - .~> .. ~c :; L:. i Y 'i ~~ L i a~ '' i ~ 4 i k c .1 C~~ 3 _. __ II II L.. ~ - ._ Cl f ~~ r, ~ ~ - ~ w~,j ~ e~ $?r ~ F~a ~i r '' r~ £ n ~ ~ HLj F F i w ~ % ~,.. .~ ~ 4. y' r 7h, 1 7, ?'si ~i„ 5 ~~ =I `i .: ~~ 6 a~ ~~ 3 I Gd)~ 39C 'S; ~~. y ., \t 7!'r of *. - ~. ~~~~~~z k ` by r ".a ~~o W \ ~ !~Y ~~~~ zA~'~fi 3 ~ ry~T ~ ~~~~k c \ ~~ ~~~ ~ ~ ~ I` x i Y 2 3 _ '~w I I 1 '_ r I CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 4-12-2010 Presented by: Mike Curtis Agenda No. B.6 Subject: PU 2010-009 Authorize the Purchase of an Aerial Bucket Truck from Philpott Motors Fleet in the amount $129,121 In the FY 2009/2010 adopted budget, Council approved funding for the purchase of an aerial bucket truck to replace unit 604 which is a 1984 Chevrolet aerial bucket lift utilized by Public Works, Facilities and Construction, and the Parks & Recreation departments. It is recommended to authorize the purchase of an aerial bucket truck from Philpott Motors Fleet in the amount of $129,121. All Capital equipment has a minimum replacement age of ten (10) years. Each piece is evaluated for replacement based on frequency of use, the number of like equipment in the fleet, equipment condition and the availability of parts and services. The current unit is 26 years old and has more the 100,000 miles on it. The bucket is designed for one employee which creates safety issues when more than one employee is needed for a task. The new unit will be equipped with a two person bucket and an energy efficient clean burning engine which meets the replacement guidelines of the Clean Fleet Vehicle Program. The City of North Richland Hills is a member of several inter-local groups and utilized existing contracts with Philpott Ford and Southwest International Trucks through the Local Government Purchasing Cooperative (BuyBoard) to request quotes based on specification for the desired aerial bucket truck required by the City of North Richland Hills. Philpott 2011 Ford F750 Regular Cab 121.00 $129 Contract #281-07 Motors Fleet w/Aerial Bucket Bod , Southwest 2011 International Cab/Chassis 138 931.56 Contract#281-07 International w/Aerial Bucket Bod , The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Funding for the aerial bucket truck will be provided by bond proceeds from the 2010 bond sale scheduled for spring 2010. Recommendation: To authorize the purchase of an aerial bucket truck from Philpott Motors Fleet in the amount $129,121. CITY OF CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 4-12-2010 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2010-016 Award a Professional Services Agreement to Brockette/Davis/Drake, Inc. in the amount of $44,500.00 for the Brookhaven Drive Drainage Improvements (DR0902) The Council is being asked to award a professional services contract for the CIP Project identified as "Brookhaven Drive Drainage Improvements" in the Capital Projects Budget. The contract will include the design of approximately 900 linear feet of storm drainage pipe and corresponding inlets from a nearby drainage channel to the western end of Brookhaven Drive. Background: The Brookhaven Drive Drainage Improvements Project was one of twelve (12) drainage projects identified in the 2009-2010 Capital Projects Budget. Eight (8) of these 12 projects were placed in the Capital Projects Budget to address the drainage situations which were exposed by the significant storm events in the Spring and Summer of 2007. This project will consist of the engineering design of a storm drainage system beginning at/around an existing culvert under Brookview Drive (approximately 150' east of Stonybrooke Drive), traversing west along Brookview Drive, north along Stonybrooke Drive, and then west along Brookhaven Drive to the end of this street. All design work will be in compliance with the Public Works Design Manual. Staff followed the City's policy for procuring consultant for this project. The selection Brockette/Davis/Drake, Inc. as the top 1 Improvements Project. professional services in selecting a design committee assigned to this project chose rm for the Brookhaven Drive Drainage Brockette/Davis/Drake is a consulting engineering firm that was founded in Dallas in 1961 which specializes in civil engineering, structural engineering and land surveying. For nearly 50 years, Brockette/Davis/Drake has successfully managed the engineering design and preparation of contract documents for major projects nationwide and has been recognized by Engineering News Record with cover and feature articles on its innovative engineering designs. Brockette/Davis/Drake was recently named "2008 Outstanding Engineering Firm" by the American Subcontractors Association (ASA); this is the eighth time Brockette/Davis/Drake has received this recognition. Brockette/Davis/Drake has extensive experience in the design of public and private sector projects including roadways, alleys, bridges, drainage facilities, water/wastewater facilities, parks, and trails. Brockette/Davis/Drake have not worked for the City of North Richland Hills in the past but they were the civil engineers for the Venue so staff is familiar with their work. The engineering agreement outlines the scope of work in Exhibits B, C & D. Listed below are the key items within the scope of work: • Walk site with staff to determine alignment of storm sewer and the extent of any pavement repair that may be required. • All necessary design and survey components for improvements to be in compliance with the Public Works Design Manual. • Meet with the affected residents at/around the 30% plan completion point and again immediately prior to construction of the improvements. • Prepare complete contract documents and specifications for bidding purposes. • Bidding Phase includes assisting the City in advertising the project to bidders, providing bid documents to contractors, tabulating bids and providing the City a summary of the information received from the low bidder for the City's use in awarding a construction contract. • Construction Phase includes assisting the City during the construction phase such as, attending coordination meetings, reviewing shop drawings, preparing monthly pay requests and preparation of record drawings. The engineering agreement indicates a detailed schedule for this work as follows: Activity Council Approves Contract Project Kick-Off Meeting Route Survey/Set Control Complete 30% Construction Plans to City Neighborhood Meeting Obtain Offsite Easements Complete Final Plans Advertise for Construction Bids Open Construction Bids Begin Construction Due Date April 12, 2010 Week of April 12th, 2010 May 3, 2010 May 24, 2010 Week of May 24th, 2010 Week of June 7th, 2010 June 21, 2010 July 12, 2010 August 16, 2010 Late September 2010 The Public Works Department negotiated a design fee of $44,500.00. This design fee consists of a base design fee, a fee for special services (surveying) and a fee for easement or ROW documents (if necessary). Shown below is a breakdown of this design fee: Base Design Fee $ 32,000.00 Special Services $ 9,500.00 Prepare Easement/ROW Documents $ 3.000.00 Total Design Fee $ 44,500.00 The total amount of the professional services agreement for this project is $44,500. Sufficient funding of $60,000 was approved in the 2009-2010 Capital Projects Budget for the design of this project. Recommendation: Award a Professional Services Agreement to Brockette/Davis/Drake, Inc. in the amount of $44,500.00 for the Brookhaven Drive Drainage Improvements (ST0902) and authorize the City Manager to execute such professional services agreement. N` } m RN~L ~'~~~2` ~~ '^ tSSLLLFEST R _ 4, ,~~ =>~ ~ ~ ... ~o~;G~~~~...._. Brookhaven Dr x ~. ,-~'~ ~ ~Ax~T ° ~_~~__~ ~ ~ Drainage }SpRItCE ~ m ~ .~~ ¢~ Improvements k r- ~C~ ~ 5T~3hYBRC.~KE ~ ~~~ ,~~ ~ STGNE .R x ~ ~~k"ij4. .tt r.-.....7tL x s ~,; S~'RIMi;BRC~Cih ~ '>tf.rj~ hi(h~t).+1i.t 4'1 P> K y, . §kBEftLAM1E I CT...... j .:'Y' 4", tr . k' w ~ __„_.~.~.v ~ -..... 1?~srA`~ ~Qa ... .r~ . #, ''' ~~~ }._._.- } ~r~vr~ti ~_ ~ H~GHT©WER.pR __ r% Z ~ ~ ~r I ~~ j f a ~ ~ C] / ~ ~ f ... ._~ ` ~ ~ yy~~ rr ~ `T I.. ~ t~ % v !' ..TN.aBERL~HE-4rY' ''~'' ~ ~~. CJ µ 4 r+~' ~ '! ~ r~ ~ S f ~ ~ ~ ~ , .._........ _. ~-EP*AA.tdlE-oR-~ ~ _.......: _. ~ N R T H ,~ ~, ~ ~ ~ ~ _ F CHLAND RI __ry. Brookhaven Dr ~:_i -TTE 6R-~ _ -_( 1 ~j j p~ j~ V Drainage imps. ~ ~~~~~' ....._......,,,, .._ , . .............-,,...,,_.. ~ CGE . ~T - _ f// ~/ ~ ~ X,, ~, ~~- Pr~je~t Locator h.'1ap +' ~ `` ~, ; .~~ ~k ~~- , ^ r ~~ f " ~° ~,~ 1 .~ ~~~ ~ l }~` ~~ k r,A r ~ 3 -?i~T~iEAS~T.FAf2ftrl'AY-,_^^. _N3RTfiEAS'~"~ ~ au' . t--- -'~" \.., .: . ' ~ hL--k.-e a ~'p,-E£3PPERGA3il~r 1 ~ - f / f. l ~{- }`~ ~~ ~: aril ._ ` _.. _ r i C ~ to 1 1 ~~~~ ~ 4 / ,~ti¢ ," r...._._ FPSJEq'.ES? ....., tiy...;R10GlE G <.1. 11 ~~' ~ T '1,~ ' ~ . L ~ ~ 1>IC'K~ tIt 1~ ~~ 1 l~~j ~ ~i ~ ;~ ~ -'-~--GL-EMhMt~i°k'~R _~ _. .~` AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BROCKETTE/DAVIS/DRAKE, INC. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY"), and Brockette/Davis/Drake, Inc., a Texas corporation, acting by and through Robert E. Hill, P.E.; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Brookhaven Drive Drainage Improvements. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Brookhaven Drive Drainage Improvements in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. Proiect Description: Provide civil engineering and surveying services for drainage improvements for the Brookhaven Drive storm sewer system. The proposed underground system will begin at an existing culvert under Brookview Drive (approx. 150' east of Stonybrooke Drive), then west along Brookview Drive, then north along Stonybrooke Drive, then west along Brookhaven Drive to the end of the street. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed $44,500.00. C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of pertormance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, by any modifications in ENGINEER'S designs, working drawings, specifications, or other engineering documents performed by any person or entity not acting on ENGINEER'S behalf or under ENGINEER'S right of direction or control, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. Notwithstanding any other provision of this Agreement, ENGINEER shall not, under any circumstances, be liable for any loss, damages, liability or expense caused by defects or deficiencies in designs working drawings, specifications or other engineering documents generated or furnished by any person or entity not acting on ENGINEER'S behalf or under ENGINEER'S right of direction or control. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XII1. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "F" Compensation Exhibit "G" Conflict of Interest Questionnaire XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. The parties hereto waive any claim they may have for attorney fees in any litigation arising out of this contract or the failure of either party to comply with the terms of such contract. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Brockette/Davis/Drake, Inc. Attn: Robert E. Hill, P.E. 4144 N. Central Expressway Suite 1100 Dallas, Texas 75204 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Managing Director of Development Services 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assignment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of CITY OF NORTH RICHLAND HILLS (CITY) By: Date: Mark Hindman, City Manager ATTEST: City Secretary 20 By: Brockette/Davis/Drake, Inc. (ENGINEER) Robert E. Hill, P.E., Principal Date: ATTEST: Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CITY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR BROOKHAVEN DRAINAGE IMPROVEMENTS PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Council Approves Contract Project Kick-Off Meeting Route Survey/Set Control Complete Due Date April 12, 2010 Week of April 12th, 2010 May 3, 2010 30% Construction Plans to City Neighborhood Meeting Obtain Offsite Easements Complete Final Plans Advertise for Construction Bids Open Construction Bids Begin Construction May 24, 2010 Week of May 24th, 2010 Week of June 7th, 2010 June 21, 2010 July 12, 2010 August 16, 2010 Late September 2010 EXHIBIT B BASIC ENGINEERING SERVICES FOR BROOKHAVEN DRAINAGE IMPROVEMENTS The scope of work for BASIC Engineering Services involves Preliminary Design, Project Plans, Specifications and Estimates on Storm Drainage. Project Description: Provide civil engineering and surveying services for drainage improvements for the Brookhaven Drive storm sewer system. The proposed underground system will begin at an existing culvert under Brookview Drive (approx. 150' east of Stonybrooke Drive), then west along Brookview Drive, then north along Stonybrooke Drive, then west along Brookhaven Drive to the end of the street. I. GENERAL A. Design Meetings 1. The ENGINEER will meet with the CITY's staff during the development of the preliminary, and final plan phases of the PROJECT. 2. The ENGINEER will meet with residents of the area to receive their input. 3. Walk site with CITY staff to determine alignment of storm sewer and the extent of any pavement repair that may be required. 4. Meeting with residents/CITY staff during construction. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop monthly progress reports, review contractor's monthly invoices, and meet with other entities on an as needed basis for the duration of the PROJECT's design. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. A location map/schematic will be provided to the affected utility companies. These schematics will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the PROJECT. 3. The ENGINEER will make every effort to obtain As-Built Drawings, Record Drawings and/or future plans for the following facilities in the PROJECT area including: - Box Culverts - Roadway - Water Lines - Sanitary Sewer Lines - Storm Drain Lines - AT&T Underground and/or Overhead Lines - Electric Underground and/or Overhead Lines - Gas Lines - Other Utilities Known to Serve the PROJECT Area Plot the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations. The locations of utilities tied from field surveys will be shown on the drainage plans. 4. The ENGINEER will use best efforts to identify potential utility conflicts and provide this information to utility companies. II. PRELIMINARY DESIGN PHASE (30% Construction Documents) A. Drainage Plans and Details 1. Drainage area maps will be prepared at a minimum scale of 1" = 1,000', using available contour maps. Inlets will be located and sub-drainage areas determined. The runoff to each inlet will be calculated in accordance with City drainage criteria. 2. Culvert Plans/Profiles sheets and cross-sections, if necessary, will be provided for new culvert construction. 3. Miscellaneous Drainage Details Miscellaneous drainage details will be prepared for any drainage related items which are not covered by City standard details. B. Quantities and Cost Estimate 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. C. Submit Preliminary Plans for Review 1. Submit two (2) sets of preliminary plans for CITY review. 2. Submit plans to utility companies for review. III. FINAL DESIGN PHASE A. Prepare Final Design Plans 1. Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. B. Calculate Final Quantities and Cost Estimates 1. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. Prepare Contract Documents and Specifications 1. Compile special provisions necessary for the PROJECT. 2. Compile specifications necessary for the PROJECT. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. 3. Compile and develop a list of general notes necessary for the PROJECT. 4. Prepare complete contract documents and specifications for bidding purposes. D. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two (2) sets of final bid documents for CITY review and approval. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and utility companies and obtain clearance. IV. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide all necessary printing of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts, and constructing the PROJECT. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. The contractors obtaining plans will be required to pay for the printing charges of the bid documents. B. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY as to the proper action on all proposals received. C. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. D. Represent the CITY in the non-resident administration of the PROJECT. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve exhaustive or continuous on-site observation to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) E. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. G. Prepare or review monthly and final estimates for payments to Contractor, and furnish to the CITY any necessary certifications provided by the Contractor, as to payments to subcontractors and suppliers. H. Conduct, in company with the Contractor, a final review of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. Revise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER ared-lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit three (3) sets of Record Drawings and one CD-ROM (pdf format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR BROOKHAVEN DRAINAGE IMPROVEMENTS The scope of work for SPECIAL Engineering Services involves Surveys (Easements and Design). The scope of work for the Special Engineering Services is more generally described as follows: SURVEYING A. Design Surveys 1. Establish Survey Control Establish survey control along each street or intersecting streets as necessary. These control points will be established based on and tied to established City horizontal and vertical control points. The horizontal control for each street in the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation. Control points will be established using 5/8" iron rods, 18" long. These control points will be established using GPS and conventional surveying methods. 2. Benchmark Loop A benchmark circuit will be established, based on the vertical control points provided. These benchmarks will be located outside of the construction limits and put in such a place so that they may be easily found for future use. Benchmarks shall be looped in accordance with good surveying practice prior to field surveys. All control leveling work will be performed using appropriate modified second order procedures with closed loops into the PROJECT vertical control. 3. Existing Streets and Driveways Existing streets and driveways will be profiled and cross-sectioned at 50' intervals and to a point at least 20' outside of the Right-Of-Way line. Low points, high points and other unique features will be noted. 4. Existing Drainage Channels and Drainage Area Verification Existing drainage channels and swales will be profiled and cross sectioned within the immediate vicinity of the PROJECT. Low points, high points and any other unique features will be noted. Additional surveying may be necessary to verify the limits of drainage areas. 5. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as-needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the existing Right-Of-Way for the limits of the PROJECT will be field located, including elevations of sanitary and storm sewer manhole flowlines and water/gas valve stems. The location of utilities between above ground features will be determined from visual inspection, utility records, and/or from locations determined by the respective utility companies. The utilities will be tied to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. The excavation and other costs required to expose or probe the underground utilities will be the responsibility of others. 6. Right-Of-Way Existing Right-Of-Way lines along the PROJECT will be located. This information will be included on the PROJECT's plan sheets. 7. Existing Storm Sewers and Culverts The size of existing culverts will be measured and tied along with existing headwalls, channels and aprons. The size, length, and flowline elevation of existing storm sewers will be surveyed. Drainage areas contributing to the PROJECT or conveying water from the PROJECT will be determined through field investigations and available topographic mapping. 8. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc. The Surveyor will exercise care in completing this surveying assignment by using traffic control devices, flags and safety equipment when necessary. B. Construction Staking Easement Documents Easement instruments shall be prepared in CITY approved format(s) and shall include a metes and bounds description and a sketch. Documents shall be signed, dated and sealed by a licensed Professional Land Surveyor registered in the State of Texas. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR BROOKHAVEN DRAINAGE IMPROVEMENTS ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. II. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. ADDITIONAL Engineering Services not included in the Scope of Work, also include setting of Easement acquisition parcels. IV. ADDITIONAL Engineering services in connection with the PROJECT, including services which are to be furnished by the CITY and services not otherwise provided for in this Agreement will be at the following rates: < RATES ARE ON THE FOLLOWING PAGE > BROCKETTEIQAV[SIDRAKE, 1tVC. RATE SCHEDULE PRINCIPAL $175.00,'HR ASSOCIATE $150.00,'HR SENIOR PROJECT MIANAGER ~a14O.00tHR PROJECT 1~1ANAGER ~120.OQ/HR PROJECT ENGINEER ~a900.Q0IHR DESIGN ENGINEER $85.o0?HR SENIOR TECHiVICIANtDESIGNER 59(}.t70HR TECHNICIAN $75.OOtHR CLERICAL 550.00lHR 3 tv~AN SUR'~~EY CREW $165.OO;HR 2 t~1AN SE3RVEY CREW $950.oatHR 1 Pv1AN SUR~JEY CREW $$O.OOEHR GPS~`RTK SYSTEt~9 $~5t~.~OrHR Salary Cost is defined as the cost of payroll of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to the PROJECT, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR BROOKHAVEN DRAINAGE IMPROVEMENTS The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if available. III. Provide any available As-Built plans for existing water and sanitary sewer mains, if available. IV. Provide standard details and specifications in digital format. V. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, when required. VI. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. EXHIBIT F COMPENSATION FOR BROOKHAVEN DRAINAGE IMPROVEMENTS I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. "Salary Cost" used herein is defined as the cost of salaries of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Compensation for the Basic Engineering Services (Design and Construction phases) shall be a lump sum fee of $32,000.00. The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for the Construction phase of the Basic Engineering Services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER will be paid the remainder of the charge for this phase. B. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Surveys: Lump Sum Fee of $ 9,500.00 Direct Costs (Printing, Red Xerox Copies: Blueline Prints: Plots (Bond or Velum): Easement Documents: Other Direct Costs production, etc.) $0.15/Page $2.50/Sheet (24"x36") $7.50/Each (24"x36") 4 parcel at $750.00 per parcel = $3,000.00 Costs time a multiplier of 1.10 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: For all of ENGINEER's personnel time applied to the Additional Engineering Services, per the enclosed rate schedule. For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services", Exhibit C: "Special Engineering Services" and Exhibit D: "Additional Engineering Services"). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR BROOKHAVEN DRAINAGE IMPROVEMENTS [Conflict of Interest Questionnaire is on the following 2 pages.] E FORM CIQ CONFLICT OF INTEREST QUESTIONNAIR For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter OFFICE USE ONLY 176 of the Local Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7cn business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ~ Name of person doing business with local governmental entity. Brockette/Davis/Drake, Inc. Robert E. Hill, P.E. 2 Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. No Affiliation 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. No Affiliation CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ^ YES ^ NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? ^ YES ^ NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ^ YES ^ NO D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date Adopted 01/13/2006 CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 4-12-2010 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Joe Pack Council Meeting Date: 4-12-2010 Agenda No. F.1 Subject: GN 2010-025 Award a Professional Services Contract with Schrickel, Rollins and Associates (SRA) in the amount of $197,500 for Professional Services Related to the Food Services Building and the 2011 New Attraction at NRH2O Executive Summary The Council is being asked to award a professional services contract for two NRHzO Capital Improvement Program projects identified as "Food Services Building" and "New Attraction 2011". The contract will include the design of a new water park attraction and a new food services building with seating area. This attraction and food services facility will be generally located in the southwest area of the park between the Accelerator and west property line and in the vicinity of the Hopper. Proposals were sought to provide architectural and landscape architectural design, and construction administration services for the project. Requests for proposals were sent out to various architectural firms that specialize in this type of work. The project was also advertised in the Fort Worth Star-Telegram and posted on the City's website. Nine proposals were received on March 2, 2010 from: • GSBS Architects • Schrickel, Rollins and Associates, Inc. (SRA) • Davis and Davis Recreational Consultants • MCCM Architects • Water Technology • Hanfeld Hoffer Stamford • Brinkley Sargent Architects • Huitt-Zollars • Rouch Architects In addition to the consideration that key personnel are licensed to practice in Texas and there are no conflicts of interest, the following criterion was used in evaluating the proposals: • Experience and performance on similar projects by prime and sub consultants. • Demonstration of consultant's ability to employ design principles in a creative and innovative manner. (The WOW Factor) • Extent of design team's experience with thematic design. • Consultant's approach to the project's development appears to be reasonable. • Past record on projects of a similar nature as evidenced by reference feedback. In accordance with the professional services procurement policy, a selection committee comprised of Dickie Stearns, Accounting Manager, Stephanie East, Environmental Health Supervisor, Joe Pack, Senior Park Planner, Dave Pendley, Building Official, Chris Swartz, NRH2O Manager and Vickie Loftice, Managing Director, reviewed the proposals and held consultant interviews on March 16, 2010. After a thorough evaluation, a decision was made to negotiate an agreement with Schrickel, Rollins and Associates, Inc. (SRA). SRA has previously been involved with numerous recreation and aquatic oriented projects in north Texas and was the architect for the Richland Tennis Center. A contract has been negotiated in the amount of $197,500. This fee includes $6,050 in reimbursable expenses to be paid primarily during the construction documentation phase. The total combined budget for both projects is $2,350,000 which includes $252,000 for design services. The Professional Services Contract includes Design Management, Schematic Design, Design Development, Construction Documents, Bidding, Construction Administration and Reimbursable Expenses including an ADA Review. The project is planned to be completed for the 2011 Operating Season. Recommendation: Award a Professional Services Contract with Schrickel, Rollins and Associates in the amount of $197,500 for the Professional Services Related to the Food Services Building and 2011 New Attraction for NRHZO and authorize the City Manager to execute such professional services contract. AGREEMENT FOR PROFESSIONAL SERVICES THIRD PHASE ATTRACTION AND RESTROOM AT NRH2O This AGREEMENT is made and entered into this 12th day of April , 2010, by and between THE CITY OF NORTH RICHLAND HILLS, hereinafter called the OWNER, and Schrickel, Rollins and Associates, Inc., a corporation hereinafter called the CONSULTANT. RECITALS This AGREEMENT is applicable to the furnishing of Basic Architectural Services by the CONSULTANT to the OWNER for the project application and design of THE FOOD SERVICES BUILDING AND NEW ATTRACTION AT NRH2O hereinafter called the PROJECT. CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF CONSULTANT The OWNER agrees to employ the CONSULTANT and the CONSULTANT agrees to furnish the Basic Architectural Services in connection with the PROJECT as stated in Section II following, and for having rendered such services the OWNER agrees to pay to the CONSULTANT compensation as stated in Section VI following. SECTION II CHARACTER AND EXTENT OF SERVICES 1. The BASIC ARCHITECTURAL SERVICES to be rendered by CONSULTANT, include and are limited to the following: (Refer to the project specific Basic Services outlined in Attachment "A, Compensation Schedule A- Basic Professional Planning and Design Services".) 2. The SPECIAL ARCHITECTURAL SERVICES to be rendered by the CONSULTANT, include and are limited to the following: (None -All work included in BASIC ARCHITECTURAL SERVICES.) SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the CONSULTANT under this AGREEMENT until he has received written authorization from the OWNER. SECTION IV PERIOD OF SERVICE This AGREEMENT shall be effective upon execution by the OWNER and the CONSULTANT, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The CONSULTANT shall hold periodic conferences with the OWNER, or its representatives in accordance with the Basic Services, to the end that the project shall have full benefit of the OWNER'S EXPERIENCE AND KNOWLEDGE OF EXISTING NEEDS AND FACILITIES, AND BE CONSISTENT WITH ITS CURRENT POLICIES AND CONSTRUCTION STANDARDS. To implement this coordination, the OWNER shall make available to the CONSULTANT for use in planning the project, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the project without additional cost to the CONSULTANT, and upon which the CONSULTANT may rely. SECTION VI THE CONSULTANT'S COMPENSATION For and in consideration of the Basic Architectural Services to be rendered by the CONSULTANT, as cited in Section II above, the OWNER shall pay and the CONSULTANT shall receive the compensation hereinafter set forth: BASIC ARCHITECTURAL SERVICES Compensation for the Basic Architectural Services shall be as shown in Attachment "A". The costs of printing, plotting, long-distance communication, courier services and travel expenses will not be charged separately, but will be covered by "reimbursable expenses." All permitting, application, and similar project fees will be paid directly by the OWNER. Payment for the Basic Architectural Services shall be due in monthly installments in proportion to that part of the assignment that has been completed. Such payment shall be based on the CONSULTANT'S estimate of percentage of assignment completion, as evidenced by monthly statements submitted by the CONSULTANT to the OWNER. Final payment for services authorized herein shall be due at the completion of these services. 2. SPECIAL CONSULTANT SERVICES None -All work included in BASIC ARCHITECTURAL SERVICES. 3. ADDITIONAL SERVICES Services other than those set forth in the Scope of Services shall constitute Additional Services. Additional Services, such as additional design work or other services other than those included in the Scope of Services, or any others, shall be performed only with OWNER'S authorization, and shall be derived the same as Basic Architectural Services. Additional Services will be in addition to the total amount in sub-paragraph 4 below. Additional services will be provided for a mutually agreed upon sum. TOTAL COMPENSATION Total compensation to the CONSULTANT shall include the sum of Item 1, "Basic Architectural Services", ($197,500), including reimbursable expenses not to exceed ($6,050), for a total amount not to exceed $197,500 without additional negotiation and authorization. The compensation for Architectural Services stated does not include sales tax. If the State of Texas imposes a sales tax on architectural services during the time of this contract, then the Owner agrees to pay the sales tax as an extra payment, above and beyond the agreed compensation for basic architectural services. SECTION VII REVISION OF REPORTS, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS The revision and redrafting of reports, plans, specifications and other documents during the formative stages as an orderly process in the development of the project to meet the needs of the OWNER shall be considered as part of the Basic Architectural Services; however after a definite plan has been approved by the OWNER, if a decision is subsequently made by the OWNER, which, for its proper execution involves extra services and expenses for changes in, or additions to the drawings, specifications or other documents, or if the CONSULTANT incurs extra labor cost or expenses due to delays imposed on him from causes not within his control, the CONSULTANT shall be compensated for such extra expense which shall be considered as Additional Services. The CONSULTANT is responsible for notifying the OWNER as soon as possible if this circumstance arises. SECTION VIII OWNERSHIP OF DOCUMENTS Original documents, plans, design and survey notes represent the product of training, experience, and professional skill, and accordingly belong to, and remain the property of the CONSULTANT who produced them, and the OWNER regardless of whether the instruments were copyrighted or whether the project for which they were prepared is executed. The OWNER shall be furnished with one set of record drawings (provided by the Contractor) and one set of CD-ROM's containing a reproducible copv of all construction documents and the proiect manual. The OWNER will use these plans and data in connection with the project only as a source of information as to construction. Any electronic copies given out by the OWNER will not contain the CONSULTANT'S seal. SECTION IX COMPLETION SCHEDULE The CONSULTANT agrees to complete the work as detailed in "Schedule" of Attachment A. SECTION X TERMINATION Either party to this AGREEMENT may terminate the AGREEMENT by giving to the other 30 days notice in writing. Upon delivery of such notice by the OWNER to the CONSULTANT, the CONSULTANT shall discontinue all services in connection with the performance of this AGREEMENT and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this AGREEMENT. As soon as practicable after receipt of notice of termination, the CONSULTANT shall submit a statement, showing in detail the services performed under this AGREEMENT to the date of termination. The OWNER shall then pay the CONSULTANT promptly that proportion of the prescribed charges which the services actually performed under this AGREEMENT bear to the total services called for under this AGREEMENT less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and reports prepared under this AGREEMENT shall be delivered to the OWNER when and if this AGREEMENT IS TERMINATED, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI LIABILITY The CONSULTANT agrees to indemnify, and hold City whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of CONSULTNAT, or an agent, servant, or employee of CONSULT in the execution or performance of this Contract, without regard to whether such persons are under the direction of City agents or employees. The CONSULTANT agrees to carry errors and omissions type of professional liability insurance policy and will furnish the OWNER a certificate of insurance for the OWNER'S file. SECTION XII SUCCESSORS AND ASSIGNMENTS The OWNER and the CONSULTNAT each binds himself and his successors, executors, administrators and assigns to any other party of this AGREEMENT and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this AGREEMENT. Except as above, neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this AGREEMENT without the written consent of the other. Nothing herein shall be constituted as creating any personal liability on the part of any officer or agent of any public body, which may be a party thereto. SECTION XIII SPECIAL CONDITIONS Special conditions, under the AGREEMENT, include and are limited to those listed hereinafter; the conditions shall become part of the AGREEMENT: Other provisions contained in the written "Authorization of Services", issued by the OWNER, under Section III, and accepted by the CONSULTANT, shall become part of the AGREEMENT. EXECUTED in three counterparts (each of which is an original) on behalf of CONSULTANTS by their authorized contract representatives, as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this 12th day of Aaril , 2010. CITY OF NORTH RICHLAND HILLS, TEXAS By: Mark Hindman, City Manager SCHRICKEL, ROLLINS AND ASSOCIATES, INC. By: ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: Victor Baxter, ASLA- Vice President ATTEST: George Staples, City Attorney L~l~.7i ^~.~ ~~~ ATTACHMENT A SCOPE OF SERVICES CITY OF NORTH RICH LAND HILLS NRH2O -Food Services Building and New 2011 Attraction April 1, 2010 5L)MMARY OF PROTECT A. This project consists of Site Planning, Design Development and Construction Documents for the development of the 20-acre park/site known as NRHzO. The proposed developmentwilllnclude existing facilities plus a new food service building, and a new attraction along with related site developments. The work area for this project shall be limited to the southern portion of the site, approximately 2 acres. B. The Consultant shall perform for the City the Basic Professional Services and Special Services for the phases of the Project to which this agreement applies. Services include, but are not limited to, professional consultation and advice and furnishingcivil, structural, mechanical, and electrical engineeringservices; and landscape architectural and graphic design services. C. The project budget for the Park Development including Professional Services, to which the Design Development Phase Services and Construction Documents Phase Services will be coordinated by the Consultant, will not exceed the sum of $2,098,000, excluding fees for professional services and expenses. 1. Food Services Building $433,333 2. Attraction 1,513,000 3. Subtotal $1,946,333 4. FF&E 151 X667 5. Total $2,098,000 D. For purposes of this Service Agreement and its Exhibits, the term "Engineer," where appropriate, shall be interchangeable with the terms "Landscape Architect" or "Architect" or "Consultant" Schrickel, Rollins and Associates, Inc., is a firm composed of practicing Registered Engineers, Planners and Registered Landscape Architects. The firm does not represent itself safely as an engineer nor solely as a practitioner of landscape architecture or architecture as defined in the applicable State of Texas registration laws. E. The following consumer information is required by [he Landscape Architects Registration Law, Article 249c, VTCS: The Texas Board of Architectural Examiners has jurisdiction over individuals licensed under the above named Act The address and telephone number: 8213 Shoal Creek Blvd., Suite 107; Austin, Texas 78758-7589; {512) 458-4126, PART I -ELEMENTS A. The program of development shall include, but not. be limited to, the following elements. It is understood that elements may be omitted in order to meet the project budget. Major Improvements Schrickel, Rollins and Associates, Inc. Attachment A NRF-Iz0 Page 1 of 8 18301 ~~~'i ~...~~ a. Food Service Building -The Food Services Building Project consists of the potential removal or renovation and expansion of the existing Hopper building, and the construction of a food services kitchen with a seating area. The Foal services kitchen would serve multiple areas including the recently compketed Beachside Bay area, the Cabana area and the NRHzOcean area of the park. It will increase. the food service options available for park guests, and it will provide additional seating designed with a complimentary theme in the general area around Beachside Bay sand volleyball. b. 2011 Attraction -The New 2011 Attraction Project is the second phase of attraction expansion based an the results of the Strategic Plan Update that included an update to the park's Master Plan. The attraction will be located in the southwest area of the park adjacent to the Accelerator and near Beachside Bay. The attraction is planned to bean "off the shelf attraction customized for installation at NRH2O. Miscellaneous a. Earthwork and grading b. Sidewalks and seating areas c. Landscape plantings d. Site furnishings: tables, chairs, litter receptacles, signage, etc. e. Erosion control f. Irrigation system modifications g. Outdoor lighting h. Food service equipment i. Audio -Interconnect with existing systems utilizing existing conduit. (audio shall be limited to the project. area). Uti 1 ides Sewer connections Water service Electrical distribution and controls Modifications/relocations to existing on-site utilities if needed PART 11 -BASE MAP AND SURVEYING A. While existing base information would be sufficient for overall planning, it is not sufficient for detailed design and preparation of construction drawings for improvements on site. A new topographic survey of the existing areas within the. project areas will be required. The topographic survey will be provided by the Owner. PART 111 -SITE PLANNING PHASE A. General. The City has established the program elements and a Site Plan. This phase will serve as a continuation of that effort. The City is aware that the program elements may change through the site planning process. However, it is the City's intent that the Consultant have the flexibility and creativity to provide as many of the program elements as possible. The City shall cooperate with the Consultant to achieve a final program based on conceptual design that meets the project budget. __ Schrickel, Rollins and Associates, Inc. Attac ment A NRHzO Page 2 of 8 18301 ['~~l~~i ~1~ ,~- 3. Services. Consultantwil) provide/perform the following Site Planning Phase Services: 1. Conduct reconnaissance of the site and prepare graphics of findings. 2. Analyze the capabilities and limitations of the site and prepare descriptive graphics in a study of development feasibility. 3. Conduct work sessions with City's staff to review a Program of Development and existing site which includes the "Elements" referenced above. 4. Prepare conceptual development plan alternatives in sketch form. 5. Present the most viable plan alternatives in a work session with the Staff for review and. further development. The Consultant will provide alternatives as requested by the City until a solution has been accepted by the City. 6. Assist the City in evaluating three attractions lookingat impactors the site, impact on the existing systems, and cost. 7. Prepare a first draft of the site plan for staff review and revisions priorto public present<~tions. 8. Prepare general opinions of probable cost and recommendations far construction phasing, Increments of development will correspond to park budget. plans. 9. Present the final draft site plan, opinions of probable cost and phasing recommendations once to the City. 10. Upon final approval and authorization to proceed, make final revisions to the site plan. C. Products. The following products will be provided by the Consultant in completion of the Master Plan: 1. A refined line drawing of the final approved plan suitable for public display. A reproducible copy on a 24" x 3&" sheet and a digital file in PDr= format will be furnished to the City. 2. A colored rendering of the 24" x 36° master plan mounted on foam board. 3. A brief report containing the Program of Development, description of the planning process, and other pertinent narrative. 4. Budget cost projections. PART IV -DESIGN DEYEL©PMENT PHASE A. Services. Consultant will provide/perform the following Design Development Phase Services: 1. Based upon the approved Site Planning Documents and adjustments authorized by the City in the program, schedule, or project design budget, the Consultant shalt prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project with regard to site, architectural, structural, Schrickel, Rollins and Associates, Inc. AttachmentA NRH2O Page 3 of 8 18301 ~~l~7~ ~...~~ mechanical and electrical systems, materials and such other elements as may be appropriate. Design Development Phase deliverables shall include, but not be limited to, the following: (a) Ptan views in appropriate scats tb) Sections where appropriate (c) Floor plans and elevations where appropriate (d) Typical details {architectural and structural} (e} Preliminary mechanical schematic and design loads {f) Preliminary electrical schematic with design loads 2. Coordinate with appropriate governmental authorities and provide information requested for compliance with applicable codes, ordinances, and laws. If necessary, make revisions necessary to obtain compliance or approval. 3. Submit five sets of the above plans and construction opinions of probable cost to the City for review in paper and PDF format. 4. Meet with the City to discuss plans and construction opinions of probable cost. 5. Distribute the plans to local utility companies, if necessary, to obtain information regarding impacts to their facilities. Consider how impacts may affect the project cost. 6. Opinion of Probable Cost. PART V -CONSTRUCTION DOCUMENTS PHASE A. Services. Consultant will pravide/perform the following Construction Documents Phase Services: All drawings and details will be produced in AutoCAa. All specifications will be produced in Word. Based upon the approved Design Development Documents and further adjustments in the stops or quality of the Project or in the project design budget authorized by the City, the Consultant shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth i n detai{the requirements for construction of the Project. Construction Documents Phase deliverables shall include, but not be limited to these contract documents: ta) Plan sheets illustrating plans, elevations, sections and details of construction. {b} Technical specifications. (c) Provide graphic products in electronic file format (pdf). {d) All electronic file transmittals shall be in CD-Rom format. Opinion of Probable Cost. PART VI -BIDDING PHASE A. Services. Consultant will provide/perform the following Bidding Phase Services. Schrickel, Rollins and Associates, Inc. Attachment A NRHzO Page 4 of 8 18301 ~:I~` .~.~ 1. Answer questions from Bidders and prepare addenda as necessary. Review "or-equal" submittals from contractor. Assist the City staff in apre-construction conference. PART VII -CONTRACT ADMINISTRATION PWASE A. Services. Consultant Wilk provide/perform the following Construction Administration Phase Services: Provide site observation visits appropriate to the stage and quality of the Contractor's works in progress. Site observation visits shall be provided far the purpose of ascertaining for the City that the work is in substantial or general conformance with the contract documents and design intent. Generally, site observation visits will be made once a week. (a) Should nonconforming or defective work be observed, the Consultant will endeavor to immediately inform the City's representative that conforming or remedial action is required. (b) The number of site observation visits to be provided by a representative of the Consultant at times in the judgment of the City's representative appropriate to the works, or as otherwise requested/directed by the City, shall not exceed an aggregate tote{ of 40 visits over the period of the Contractor's construction contract. (c) Site observation visits provided by the Consultant as necessary to correct errors or omissions or to clarify ambiguities in the plans will not accrue againstthe visits described in Part VI - A.1.(b} above. 2. Review shop drawings and other submittal information for the purpose of ascertaining conformance with the design intent and construction documents. 3. Provide written responses to requests for information or clarification. 4. Recommend change orders, if required. 5. Assist the City in conducting the substantial completion and final completion observations. Consultant's Status During Construction. Consultant will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident hereto. Consultantwill not be responsible for Contractor's Failure to perform arfurnish thework in accordance with the construction documents. Consultant will not be responsible for any delays in the execution of the work caused by the Contractor. PART VIII - EXCLUSION5 A. The intent of this Scope of Serv'ces, Exhibit "A" is to include only the services specifically listed herein for this Pro}ect. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: 1. Preparation of Plats or Boundary Survey documents. Schrickel, Rollins and Associates, Inc. AttachmentA NRN2O Page S of 8 18301 ~~~~~i ~...,.~ 2. Topographic Surveying, 3. Design of off-site utility services or drainage facilities to more than a distance of 100 feet from any boundary of the project site. 4. Environmental impact. statements or assessments. 5. Storm Water Pollution Prevention Plan (SWPPP). 6. Traffic engineering reports or studies. 7. Flood studies or f{oodplain reclamation plans. 8. Full-time or otherwise frequent and detailed observation of the Contractor's works in progress beyond the number of site visits outlined in Part VII. 9. Designs for trench safety. 10. Quality control and testing services during construction. PART IX -CITY RESPONSIBILITIES The City will provide information regarding objectives and requirements for the Project. 1. The City will designate a single Project Representative to act in its behalf, with respect to the Project, who shall examine documents submitted by the Consultant and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the Consultant's services. 2. The City agrees to report promptly in writing to the Consultant any fault or defect in the Consultant's services or non-conformance with the provisions of this agreement. 3. The City will secure the services of an independent laboratory far Geotechnical Testing, Evaluations, and Recommendations. 4. The City will provide Consultant with City construction standards to include design details and specifications, and City review procedures, as may be required for this Project. 5. The City will provide topographic, boundary and easement surveying as necessary for the scope of the project. 6. The City will provide prints or reproducible copies of other site conditions information in its files to include -City plans, base maps, zoning maps, legal descriptions, plats, subdivision and street plans, aerial photographs, topographic maps, utility locations, and the like as are related and significant to the performance of the Professional Services. Schrickel, Rollins and Associates, lnc. Attachment A NRH2O Page 6 of $ 18301 ~~~1~'i ~...~. 7. The City will negotiate the costs, easements and routing for primary electric power service to serve the Site and this Project. Consultant will provide preliminary plans and coordinate power needs for the Project with the electric power service provider of the City's choice. The City or others will coardinate and process permits or approvals or studies that may be required by others with jurisdiction over this Project, exceptforthose specifically the responsibility of Consultant as stated above. 9. To ensure proper execution of the contract documents, the City or others wilt ensure that a qualified representative is on the Project for detailed daily or otherwise frequent inspections of the works in progress after a contract for construction is let. 10. The City's Project Representative will be responsible for the review of monthly payment requests submitted by the Construction Contractor. 11. The City will secure the services of an independent laboratory for Construction Phase Testing. 12. The City will provide CADD files of existing facilities for the Consultant's use on the project.. PART X -ADDITIONAL SERVICE5 Additional services or re-design as requested to be performed for the convenience of the City shall be authorized in writing, and shall be at additional compensation for Consultant. Additional services and compensation shall be as negotiated between Consultant and City and agreed upon in a separate or supplemental agreement after authorization of the City's staff or City Council of the City of North Richland Hills. Some examples might include: off-site utilities, additional buildings, additional attractions, site development beyond the original 2-acre work area, or items listed under "Exclusions." PART XI -REIMBURSABLE EXPENSES The City will reimburse the ronsultant for the actual cost of the following: Printing and reproductions of Construction Documents. Actual fees of Texas Department of Licensing and Regulation for review and comment on construction plans and far inspection after construction. Schrickel, Rollins and Associates, Inc. Attachment A NRHzO Page 7 of 8 18301 L'~ ~~i' ~..~ ~~~ SCHEDULE OF CHARGES - 2010 BILLABLE SALARY RATE 8c EXPENSE CHARGES RANGE OF BILLABLE SALARY RATE CLASSIFICATION: LOW HIGH PRINCIPAL ASSOCIATE $140 $185 85 155 SENIOR ENGINEER 13.5 1 ti5 ENGINEER I II 1 UO 130 ENGINEER II 75 100 ENGWCER-IN-TRAINING (EIT) 65 $5 SENIOR LANDSCAPE ARCHITECT 110 l t35 LANDSCAPE ARCHITECT I ll d0 11 5 LANDSCAPE ARCHITECT I I b5 90 LANDSCAPE AKCHITEC.TUKAL INTERN St) 75 SENIOR PLANNEK 95 1,30 PLANNER b5 3S ARC.HCrECT Z30 130 AKCHITECTUKALINTERN $O 75 DESIGNER 50 X10 SuKVEYOR (RPLS} 90 13f) SURVEY COORDWATOR 7t} 105 SURVEY TECHNICIAN b0 100 ENGINEERING TECHNICIAN 60 X30 PLANNING TECHNICIAN 50 75 PRODUCTION C("3ORDINATOR 70 105 CAD OPERATOR/DRAFTERlII 6i) 90 CAD OPERATOR/DRAETER II 50 70 C:AD OPERATOr{/DRAFTER l 45 fi0 SENIOR SECRETARY/SI'EC1fICATIONS COORDINATOR 45 80 SECRETAKYfWORD PROCESSC)K 35 65 CLERK 30 4 S The ranges and individual salaries are adjusted annually. OTHER SERVICES: SURVEY FIELD PAKTY $125 $15() PRINTING & PLATTING SERVICES: In-house printinK and plotting services will be charged al the market rate for commercial printing plus 10%. In-house capability includes color plots and a variety of media, including bond, vellum and mylar. In-house Xerox copies provided at $0.07 per single side copy or $0.14 per double side copy. OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproductions expense, communication expense, travel, transportation and subsistence away from Arlington and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. Schrickel, Rollins and Associates, Inc.. Attachment A NRHzO Page 8 of 8 18301 ~~.~~ ATTACHMENT B COMPENSATION SCHEDULE CITY OF NORTH RICHLAND HILLS NRHz©-Food Services Building and New 2011 Attraction April 2, 2010 A. Basic Professional Planning and Design Services Site Planning $30,000 Design Development 37,500 Contract Documents and Bidding 65,000 Bidding 7,500 Basic Design Services $140,000 Constructior- Administration 57,500 Total $197,500 B. Optional Related Services Record Drawings $7,500 3-D Animation 24,000 Schrickel, Rol{ins and Associates, Inc. Attachment S NRH2O Page 1 ofi 1 18301 Phase Attraction T~ n Z•~ V / r~ ~ .-- ~," `~ ~' ~ ~ Proposed Food Services Building ~ and Second Phase Attraction e, 0 CITY OF CITY OF CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman David Whitson Subject: Announcements -Councilman Whitson Announcements Council Meeting Date: 4-12-2010 Agenda No. H.1 The Sounds of Spring Concert Series will be held each Friday from April 16th through May 7th at NRH2O. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring blankets and lawn chairs. For more information, call 817- 427-6600 or visit www.soundsnrh.com. On Saturday, April 17th, residents can get rid of unwanted bulky items during the annual Spring Community Cleanup. Items can be dropped off from 9 a.m. to noon in Parking Lot E at the Tarrant County College Northeast Campus located at 828 Harwood Road. Proof of residency must be presented. For more details, please call 817-427-6663. The NRH Animal Adoption & Rescue Center will host a low cost pet vaccination clinic on Saturday, April 24th from 10 am to noon 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 Dr. For more information please cal 1817-427-6570. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Dave Pendley, Planning & Development Department An a-mail was received from a home builder thanking Dave for taking the time to provide him with information on the proper installation of Thermo-Ply Sheathing. Dave definitely saved him time and money. "I greatly appreciate your being proactive in helping educate not only me but other builders," the a-mail stated. CITY OF