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Home My WebLink AboutCC 2010-10-25 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 25, 2010 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Little Bear Creek Trail and Calloway Branch Trail Project Update (15 Minutes) A.3 New Recreation Center Update (20 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) 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, Te as in compliance \ rith f hapter 551, Texas Government Code on October 22, 2010 at - (A. a.m. A a Yit 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 — October 25, 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, October 25, 2010 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard 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 Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Texas Environmental Health Association Award presented by JoAnn Stout, Director of Neighborhood Services A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. NRH City Council Agenda — October 25, 2010 Page 2 of 4 B.1 Approval of Minutes of October 11, 2010 City Council Meeting B.2 PW 2011 -038 Award a Professional Services Agreement in the amount of $623,500 to Teague, Nall & Perkins, Inc. for Right -of -Way & Easement Acquisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid- Cities Boulevard to Hightower Drive /Ridgetop Road) Project (ST0202) B.3 PU 2010 -024 Authorize the Purchase of Turf Equipment for the Iron Horse Golf Course in the Amount of $161,149.60 B.4 GN 2010 -090 Approve the Execution of a Professional Services Agreement with CMJ Engineering, Inc. in the amount of $77,981 for Construction Materials Testing Services for the New Recreation Center B.5 GN 2010 -091 Approve Execution of a Discretionary Service Agreement with Oncor Electric Delivery Company for the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174,078.57 B.6 GN 2010 -093 Texas Governor's Office Criminal Justice Programs Competitive Grant - Resolution No. 2010 -030 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2010 -088 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2010 -029 F.2 GN 2010 -089 Appointments to Boards & Commissions - Place 4 F.3 GN 2010 -092 Appointment to Teen Court Advisory Board - Place 1 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 NRH City Council Agenda — October 25, 2010 Page 3 of 4 H.1 Announcements - Councilman Lewis 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 , Te as in compliance with Chapter 551, Texas Government Code on October 22, 2010 at� ills � a.m. A s is nt City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — October 25, 2010 Page 4 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 25, 2010 5 - 45 P_M_ A_1 Discuss Items from Regular City Council Meeting A_2 Little Bear Creek Trail and Calloway Branch Trail Project Update (15 Minutes) A_3 New Recreation Center Update (20 Minutes) B_0 EXECUTIVE SESSION - The City Council may enter into dosed 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 - 1) Hometown Urban Partners, Ltd_ vs_ City of North Richland Hills (No_ 096-236530 -09); 2) Arcadia Land Partners 25 Ltd_, et al vs_ City of North Richland Hills (No_ 067- 241297-09); 3) Venue at Hometown vs_ City of North Richland Hills, et al (No_ 352-237213-09) C_0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was pasted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 22, 2010_ City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interprefive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 8174127-6060 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 dearly conflicts with Chapter 551, Texas Government Code_ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 25, 2010 7 - 00 P_M_ Hand 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 v City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www_nrhtx_com after 10 a-m_ the day of every regularly scheduled Council meeting_ A_0 Call to Order - Mayor Trevino A_1 Invocation - Councilman Whitson A_2 Pledge - Councilman Whitson A_3 Special Presentation(s) and Recognition(s) - Texas Environmental Health Association Award presented by JoAnn Stout, Director of Neighborhood Services A_4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date_ In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting_ The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation_ A_5 Removal of Items) from Consent Agenda B_0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion_ There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered_ B -1 Approval of Minutes of October 11, 2010 City Council Meeting B -2 PW 20114138 Award a Professional Services Agreement in the amount of $623,500 to Teague, Nall & Perldns, Inc - for Right-of- -Way & Easement Acquisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid -Cities Boulevard to Hightower Drivefi idgetop Road) Project (ST0202) B -3 PU 2010-024 Authorize the Purchase of Turf Equipment for the Inn Horse Golf Course in the Amount of $161,149 -60 B_4 GN 2010-090 Approve the Execution of a Professional Services Agreement with CMJ Engineering, Inc- in the amount of $77,981 for Construction Materials Testing Services for the New Recreation Center B -5 GN 2010-091 Approve Execution of a Discretionary Service Agreement with Oncor Electric Delivery Company for the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174,078 -57 B -6 GN 20104193 Texas Governor's Office Criminal Justice Programs Competitive Grant - Resolution No- 20104030 C -0 PUBLIC HEARINGS No items for this category- D-0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing- No items for this category- E-0 PUBLIC WORKS No items for this category- F-0 GENERAL ITEMS F -1 GN 20104188 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No- 20104M F -2 GN 2010-089 Appointrrrents to Boards & Commissions- Place 4 F -3 GN 2010-092 Appointment to Teen Court Advisory Board - Place 1 Cewr= 94 0 ] 1 JA * , .*1 * *:110101110 kTA G -1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H -0 INFORMATION AND REPORTS H_1 Announcements - Councilman Lewis H_2 Adjournment ►err - -r ►..- �.�..��., ..�� .�..r .1.��:*�r.*►a A M 111 TI- M17, I do hereby certify that the above notice of meeting of the North Richland Hills City Council was pasted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 22, 2010_ 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 8174127-6060 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 dearly conflicts with Chapter 551, Texas Government Code_ 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, October 25, 2010 5 - 45 P_M_ Al Discuss Items from Reaular City Council Meetina A2 Little Bear Creek Trail and Calloway Branch Trail Proiect Update (15 Minutes) A3 New Recreation Center Update (20 Minutes) B_0 EXECUTIVE SESSION - The City Council may enter into dosed 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 Attomev neaardina Pendina Litiaation - 1) Hometown Urban Partners. Ltd_ vs_ City of North Richland Hills (No_ 096 - 236530 -09): 2) Arcadia Land Partners 25 Ltd_, et al vs_ City of North Richland Hills (No_ O67- 241297 -09); 31 Venue at Hometown vs_ City of North Richland Hills. et al (No_ 352- 237213 -09) C_0 Adioumment !w I AWO T Department City Secretary Council Meeting Date 10- 25-2010 Presented by_ Agenda No_ A-1 Subject Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Deparment_ Parks and Recreation Council Meeting Date 10-25 -2010 Presented by_ Vickie I-office I Bill Thornton Agenda No_ A_2 Subject Little Bear Creek Trail and Calloway Branch Trail Project Update (15 Minutes) Summar►r_ The City is implementing the ISTEA funded Little Bear Creek Trail Project concurrently with the Calloway Branch Trail Project Our Grant Agreement with the Texas Department of Transportation (TxDOT) included using one professional services consultant Newman, Jackson, Beiberstein, Inc_ (NJB) for both trail projects_ After several years of working through issues and conflicts with property ownership, hydraulics and trail alignments, the project is now ready to move forward with design and construction documents_ A PowerPoint presentation will provide an overview of the project along with recent revisions to the trail alignment and anticipated project schedule_ General Description_ The Little Bear Creek Flood Plain Management Ordinance established the limits of the Little Bear Creek Flood Plain Condor_ Initially, the alignment for the trail was predicated on the established limits of the Little Bear Creek Condor as originally adopted_ Since that time, revisions to the limits of the Condor have been made as development along the condor has occurred_ Additionally, new, updated software used to perform hydraulic calculations have allowed for revisions to the limits of the fully developed flood plain_ These revisions, along with coordination with new gas pipeline routes, have resulted in the necessary realignment of approximately 12,000 linear feet of the frail_ Re- alignment of the trail necessitates amending the professional services contract with NJB, Inc_ to include the following additional services= Compute new trail centerline Stake, field inspect and adjust new alignment Prepare topographic survey of new alignment Perform hydraulics studies to confirm no adverse impacts to LBC floodplain Prepare updated environnv W report for the new trail alignment Prepare plans and specifications to reflect new alignment Structural engineering for revised bridge locations and abutments Revision to all plan sheets and cross section details and new TxDOT submittals Additional work will also required for revisions to the Calloway Branch Trail and bridge alignment at Richfield Park because of flood way issues discovered during the design_ Although this Supplemental Agreement will amend the professional services contract amount, the total amount of the grant and the total project costs for the City is expected to remain unchanged_ This is accomplished by re-allocating grant funds within the project schedule from land acquisition allocation to engineering allocation_ The Supplemental Agreement for the necessary additional services will be submitted to TxDOT far their approval prior to Council consideration later this year_ The total project cost far both trail projects is $3,328,000_ The Citys 21% share of the grant funded projects is $698,880 with TxDOT providing $2,629,120_ Engineering and design is scheduled to be complete in July 2011, with construction beginning in October 2011- CITY OF NORTH RICHLAND HILLS Department Parks and Recreation Council Meeting Date 10- 25-2010 Presented by_ Vickie Lattice I Dwayne Brinkley Agenda No_ A_3 Subject New Recreation Center Update (20 Minutes) Summary - Staff will provide a general update on the recreation center project including interior materials and colors represented in a PowerPoint presentation highlighted by a 'fly- through" experience within the new building_ General Descriotion_ The Recreation Center project is moving along schedule with design complete and bids for the individual trades received and being evaluated_ Brinkley Sargent Architects (BSA) completed the construction documents and our Construction Manager at Risk (CMAR), Byrne Construction, issued bids far all of the individual trades on September 17,2010- A pre -bid meeting was held on September 27, 2010 in the community room at the Public Library_ Bids were received on October 12 and are currently being reviewed and evaluated by BSA and Byrne Construction_ Once their evaluation is complete, Byrne will prepare a Guaranteed Maximum Price (GMP) amendment to our existing CMAR Contract_ In accordance with the approved construction contract, the GMP will be the sum of the following= 1) Contractor's fee for providing pre - construction services 2) Subcontracts representing all necessary construction trades 3) Contractual costs identified for overhead and general conditions 4) Established fee for providing construction services An application for a final plat was presented to the Planning and Zoning Commission at their October 21, 2010 meeting_ Their recommendation will be forwarded to City Council for consideration at the November 8, 2010 City Council meeting_ Dwayne Brinkley, with BSA, will provide a PowerPoint Presentation of the interior spaces highlighted by a `fly - through" of the new building_ CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 10-25 -2010 Presented by_ Agenda No_ 6.0 Subject EXECUTIVE SESSION - The City Council may eater into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Govemment Code CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 10-25 -2010 Presented by_ Agenda No_ 6.1 Subject Executive Session_ Pursuant to Section 551.071, Texas Government Cade for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd_ vs_ City of North Richland Hills (No_ 096 - 23653"9); 2) Arcadia Land Partners 25 Ltd_, et al vs_ City of North Richland Hills (No_ 067-241297439) 3) Venue at Hometown vs_ City of North Richland Hills, et al (No_ 352- 237213 -09)) !w I AWO T Department City Secretary Presented by_ Council Meeting Date 70- 25-2010 Agenda Na_ C_0 Subject Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 25, 2010 7 - 00 P_M_ A_0 Call to Order - Mavor Trevino A_1 Invocation - Councilman Whitson A_2 Pledge - Councilman Whitson A_3 Special Presentation(s) and Recoanition(sl - Texas Environmental Health Association Award presented by JoAnn Stout. Director of Neiahborhood Services A_4 Citizens Presentation An opportunity far citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date_ In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting_ The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation_ A_5 Removal of Item(sl 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 evert the item will be removed from the Consent Agenda and considered_ B_1 Approval of Minutes of October 11. 2010 City Council Meetinq B_2 PW 2011 -038 Award a Professional Services Aweement in the amount of $623.500 to Teaaue. Nall & Perldns. Inc_ for Riaht-of --Wav & Easement Acauisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid - Cities Boulevard to Hiahtower Drive/Ridaetoo Road) Proiect (ST0202) B_3 PU 2010 -024 Authorize the Purchase of Turf Eauioment for the Iron Horse Golf Course in the Amount of $161.149.60 B_4 GN 2010 -090 Approve the Execution of a Professional Services Agreement with CMJ Engineering. Inc_ in the amount of $77.981 for Constniction Materials Testina Services for the New Recreation Center B_5 GN 2010 -091 Approve Execution of a Discretionary Service Agreement with Oncor Electric Delivery Comoanv for the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174.078.57 B_6 GN 2010493 Texas Govemor's Office Criminal Justice Proarams Competitive Grant - Resolution No_ 2010 -030 C_0 PUBLIC HEARINGS No items for this category_ D_0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing_ No items for this category_ E_0 PUBLIC WORKS No items for this category_ F_1 GN 2010 -088 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No_ 2010 -029 F_2 GN 2010-089 Appointments to Boards & Commissions - Place 4 F_3 GN 2010 -092 Appointment to Teen Court Advisory Board - Place 1 G_0 EXECUTIVE SESSION ITEMS G_1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H_0 INFORMATION AND REPORTS H_1 Announcements - Councilman Lewis H_2 Adioumment 104 ■'Lo1 ig NGRTH RICHLAND HILLS Department City Secretary Council Meeting Date 10- 25-2010 Presented by_ Mayor Oscar Trevino Agenda No_ A_0 Subject Call to Omer - Mayor Trevino 104 ■'Lo1 ig NORM RICHLAND FALLS Department_ City Secretary Council Meeting Date 10- 25-2010 Presented by_ Councilman David Whitson Agenda No_ A_1 Subject Invocation - Councilman Whitson 104 ■'Lo1 ig NORM RICHLAND FALLS Department_ City Secretary Council Meeting Date 10- 25-2010 Presented by_ Councilman David Whitson Agenda No_ A2 Subject Pledge - Councilman Whitson ��$W I AWO 7 W Department City Secretary Presented by_ Stephanie East Council Meeting Date 10-25 -2010 Agenda No_ A_3 Subject Special Presentation(s) and Recognition(s) - Texas Environmental Health Association Award presented by JoAnn Stout, Director of Neighborhood Services Summary The Consumer Health Division of the Neighborhood Services Department received the Texas Environmental Health Association (fEHA) Award of Excellence in Food Safety on October 21, 2010_ This is the second year in a ruw that Consumer Health has been presented with this honor_ General Description TEHA recognizes entities throughout Texas that achieve a high degree of professionalism and commitment to the communities they serve_ North Richland Hills received the award far small jurisdictions with staff of one to ten_ This is a very prestigious award that denxmstrates the City's commitment to the safety of our citizens as well as highlighting the excellent job our inspectors do to maintain the level of service expected by our community_ Consumer Health was selected to receive this award based on an application process that detailed fire areas (1) Program planning and implementation, including the Consumer Health mission statement and division goals, details on the food inspection program, enforcement, and internal quality assurance_ (2) Education program, including public education programs, food managerlfood worker training programs, and training sessions offered to permitted facilities_ (3) Program management, including information on data management and utilization, analysis of outcomes, and support and resources available to the Division_ (4) External involvement, including information on special events, participation with local establishments, and leadership role in the community_ (5) Texas Environmental Health Association participation and training details_ ��$W I AWO 7 W Depar mend_ City Secretary Council Meeting Date 10- 25-2010 Presented by_ Agenda No_ A_4 Subject_ Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled far consideration by the City Council or another City Board or Commission at a later date_ In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting_ The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the pasted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation- !w I AWO T Department_ City Secretary Presented by_ Council Meeting Date 10-25 -2010 Agenda No_ A_5 Subject Renwval of Items) from Consent Agenda ��$W I AWO 7 W Departrnerrt_ City Secretary Council Meeting Date 10- 25-2010 Presented by_ Agenda No_ 6.0 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- !w I AWO T Department_ City Secretary Council Meeting Date 10- 25-2010 Presented by_ Agenda No_ 6.1 Subject Approval of Minutes of October 11, 2010 City Council Meeting Recommendation_ To approve the minutes of the October 11, 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 - OCTOBER 11, 2010 :E►y *: 6' 1 The City Council of the City of North Richland Hills, Texas met in work session on the 11 day of October, 2010 at 615 p-m_ in the City Council W. I. J J prior to the 7 - 00 p-m_ regular Council meeting_ Present Oscar Trevino Ken Sapp John Lewis Tom Lombard Tim Barth David Whitson Scott Tumage Tim Welch Staff Members Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters John Pitsticlk Craig Hulse Andy Jones Laury Fiorello Andy Kancel Dave Pendley Sean Hughes Jamie Brockway Eric Wilhite Mayor Mayor Pro Tem, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Director of Economic Development Fire Chief Assistant Finance Director Assistant Police Chief Building Official Emergency Management Coordinator Purchasing Manager Chief Planner � llilttiar: -fir Mayor Trevino called the work session to order at 6.17 p-m_ A_1 Discuss Items from Reaular Citv Council Meetina There were no questions from the Council_ A2 Update and Discussion Reaardina Diaital Billboards and Becomina a Self - Reaulated "Certified Cit►r" by the Texas Department of Transportation Mr_ Dave Pendley, Building Official, presented a PowerPoint presentation updating the Council on the City's progress in becoming a TxDOT `Certified City" which will allow the City to regulate billboards along Loop 820 and Texas 121 _ Mr_ Pendley discussed with Council billboard requirements far non-certified cities_ Council was advised that by becoming a TxDOT 'Certified City" the Council through the Sign Review Board will be able to equitably grant case- by-case variances that non-certified cities are not authorized to grant_ The variances must be consistent with the Federal Highway Beautification Act of 1965_ A proposed ordinance is on the regular Council agenda for Council's consideration_ The ordinance includes language that must be incorporated into the City's sign regulations which confirms compliance with the Federal Highway Beautification Act of 1965 and adds to the Table of Permitted Signs `Relocated Billboards" allowing far the relocation of existing billboard signs when alkruved by the Texas Department of Transportation Administrative Rules and approved by the Sign Review Board per section 106-15_ Council concurred with the information presented and took formal action on the proposed ordinance during the regular council meeting_ A3 Update on the North Tarrant Express Proiect Mr_ Craig Hulse, Director of Economic Development, presented a PowerPoint presentation updating the Council on the locations, timing and construction activities of the North Tarrant Express project Construction activities in calendar year 2010 will be in the areas of I H 35W and Loop 820 interchange, between Beach Street and Denton Highway, between Hurstview and Norwood and S_H_ 183 northbound to SH 121- Council requested Staff to extend an invitation to Golfsmith, Garden Ridge, Ashley Furniture and North Hills Hospital to became a part of the business mobility team_ A4 Discuss Proposed Rule Chance to Council Rules of Procedure Council discussed this item at a previous council work session and Staff was instructed to draft new language based on the input received from Council during the work session_ The proposed rule change previously discussed would add a provision to the Council Rules of Procedures that would not allow comments during citizens presentation on matters in which Staff is scheduling stakeholders meetings or other meetings designed to solicit citizen input_ Mr_ Hindman advised Council the language previously presented had been revised to include a 60 day time limit - No citizen comn;enf will be affowred on any natter an which staff has scheduled or will be scheduling stakeholder meetings or similar meetings designed to solicit ci(izen input within 60 devs., d being the council's intent that such comments be made at such meefings_ After further discussion of the proposed rule change, Council concurred with the revised language and further directed Staff to also clarify the process for individuals to address Council on a non - public hearing agenda item_ Council was supportive of hearing from individuals wishing to speak on non -public hearing agenda items_ Council suggested allowing any member of the Council to request a person to be heard by the Council unless another member of the Council objects_ If there is an objection, the Council would then vote on whether to hear the person requesting to speak_ Staff will draft suggested language based on Council's input for Council's consideration_ B_0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the follornrina as authorized by Chapter 551. Texas Government Code B_1 Executive Session_ Pursuant to Section 551.071. Texas Government Code for Consultation with Attomev reaardina Pendina Litioation - 1) Hometown Urban Partners. Ltd_ vs_ Citv of North Richland Hills (No_ 096 - 236530 -09): 2) Arcadia Land Partners 25 Ltd_. et al vs_ City of North Richland Hills (No_ 067- 241297-09); 31 Venue at Hometown vs_ Citv of North Richland Hills. et al (No_ 352-237213-09) Mayor Trevino announced at 6 -43 p-m_ that the Council would convene into Executive Session as authorized by Chapter 551, Texas Govemment Code, specifically Section 551.071 for consultation with attorney regarding pending litigation — Hometown Urban Partners, Ltd_ vs_ City of North Richland Hills (No_ 096 - 236530439); (b) Arcadia Land Partners 25 Ltd_, et al vs_ City of North Richland Hills (No_ 067- 241297-09); (c) Venue at Hometown vs_ City of North Richland Hills, et al (No_ 352 - 237213-09)_ RECESS TO REGULAR SESSION Mayor Trevino recessed the Executive Session at 6 =57 p-m_ and announced that Council would convene into Regular Session and would reconvene after Regular Session to continue discussion of the Executive Session item_ Council reconvened in Executive Session following the regular council meeting_ REGULAR COUNCIL MEETING A_0 CALL TO ORDER Mayor Trevino called the meeting to order October 11, 2010 at 7 - 06 p_m_ ROLL CALL Present Oscar Trevino Ken Sapp John Lewis Tom Lombard Tim Barth David Whitson Scan Tumage Tim Welch Staff Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vidde Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A_i INVOCATION Councilman Tumage gave the invocation- A_2 PLEDGE OF ALLEGIANCE Lance Corporal Ryan Biggs, 2nd Platoon, Bravo Company, 1 st Combat Engineer Battalion, United States Marines led the pledge of allegiance- A_3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) North Richland Hills Flag presentation honoring Lance Corporal Ryan Biggs by Councilman Lombard Councilman Lombard presented Lance Corporal Ryan Biggs with a North Richland Hills City flag- A_4 Crr12ENS PRESENTATION 7 M A.5 REMOVAL OF TTEM(S) FROM THE CONSENT AGENDA 7 M B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF SEPTEMBER 27, 2010 CITY COUNCIL MEETING B.2 GN 2010-084 CANCELLING THE NOVEMBER 22 AND DECEMBER 27 CITY COUNCIL MEETINGS MAYOR PRO Tom SAPP umm To APPRovE Tw JT Awmm COIA1Ca.1r1N WHff ON SECOI� Tw Y07 & AIa PUBLIC HEARINGS C.1 ZC 2000-08 CONTINUE PUBLIC HEARING TO CONSIDER A REQUEST FROM GENE SCHAY FOR A ZONING CHANGE FROM lR-1 -S! SPECIAL SINGLE FAMILY TO 'R 2w SINGLE FAMILY ON A PORTION OF LOT 3R, BLOCK 14, GLENANN ADDITION (LOCATED AT 8520 MARTIN DRIVE - 0.532 ACRES.) ORDINANCE NO. 3109 (CONTINUATION FROM SEPTEMBER 13, 2010 COUNCIL MEETING) VWTHDRAWN Mayor Trevino adr►ised that this item was a continuance of the public hearing from the September 13 Council Meeting_ Mayor Trevino called on the applicant to come forward_ Mr_ Gene Schay advised that during the zoning process there were issues that had come up and therefore would need to withdraw his request until the issues could be resolved_ Mayor Trevino dosed the public hearing_ C.2 RP 2009 -05 CONTINUE PUBLIC HEARING TO CONSIDER A REQUEST FROM GENE SCHAY FOR A REPLAT OF LOT 3R, BLOCK 14, GLENANN ADDITION INTO LOTS 3111 AND 3112, BLOCK 14, GLENANN ADDITION (LOCATED AT 8620 MARTIN DRIVE -1.960 ACRES -) (CONTINUATION FROM SEPTEMBER 13, 2010 COUNCIL MEETING) VWTHDRAWN Mayor Trevino advised that this item was a continuance of the public hearing from the September 13 Council Meeting_ Mayor Trevino called on the applicant to come forward_ Mr_ Gene Schay advised that again due to issues in the process he would need to withdraw his request until the issues could be resolved_ Mayor Trevino dosed the public hearing and advised that once the issues were resolved that fees for Mr_ Schay to resubmit his requests would be waived_ PLANNING & DEVELOPMENT 0.0 No items for this category_ PUBLIC WORKS E.0 No items for this category_ Lei 4i I=1►7.1N 4L',C - F.1 GN 20104382 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO. 1 (TIF 91) AND APPOINTMENT OF CHAIR APPROVED Patricia Hutson, City Secretary presented the item_ The bylaws of Reinvestment Zone No_ 1 state that the Board is to consist of nine directors; five are to be appointed by the City Council; one is appointed by the governing body of Birdville Independent School District; one appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital Distract; and one appointed by the goveming body of Tarrant County_ The directors are to serve two-year terms of office_ The five Council Members serving on Reinvestment Zone No_ 1 terms of office expire in October_ The City Council is being requested to make five appointrnents to the Board_ The members whose terms will expire are Mayor Trevino, Councilman Lewis, Councilman Tumage, Councilman Whitson, and Councilman Welch_ In the past Council also elected to appoint the same Council Members to Reinvest mert Zones No_ 1 and 2 with the exception of the one extra Council member on Reinvestment Zane No_ 2, although there is no requirement for the members to be the same_ The next agenda item is to consider the appointrnents to Rein►estrnent Zane No_ 2_ The bylaws also state that the Council shall appoint a Chair annually_ MAYOR PRO TtE SAPP YOUEO To REAPPONr MAYOR TREVD1o, COUNCLYAN LEwIS, COUNCL� TUUWW, COUNCLI V&ff=N AIM COUNCL VA3" To THE ZoME N x 1 AND MAYOR THEmo To COW E AS CHAR. COUNCLYAN LOIBAI SEOONO THE NOTKVL MOTION TO APPROVE CABBED 7 -0. F-2 GN 20104383 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO.2 (TIF 82) AND APPOINTMENT OF CHAIR APPROVED Patricia Hutson, City Secretary, presented the item_ The bylaws of Reinvestment Zane No_ 2 state that the Board is to consist of nine directors; six are to be appointed by the City Council; one is appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County_ The directors are to serve two-year terms of office_ The terms of office for the six Council Members serving on Reinvestment Zone No_ 2 expire in October_ The City Council is being requested to make six appointments to the Board_ The Council Members whose terms will expire are Mayor Trevino, Mayor Pro Tern Sapp, Councilman Lewis, Councilman Whitson, Councilman Tumage and Councilman Welch_ The bylaws also state that the Council shall appoirt a Chair annually_ After the appointrnert of the six directors, Council is requested to appoint the Chair_ COUNCLY LOIa11RO IIOAIEO TO REMMW MAYOR TtiEYNlo, MAYOR PRO Tat SAPP, COW CLY LEW1% COIRICN.1� V&ffF ON, COUNCILMAN TUNAGE AIM COUNCL111W WELCH TO THE NO, 2 ANo REAPPORIr MAYOR TWVR10 AS CHAIR. CouNCLMAN Bwm THE MQi1ON. F.3 GN 2010-081 APPOINTMENT TO TEEN COURT ADVISORY BOARD — PLACE 7 APPROVED Patricia Hutson, City Secretary, summarized the item_ The Place 7 position on the Teen Court Advisory Board is currently vacant_ Councilman Welch is recommending the appointment of Diana Goodwin to fill the vacancy- The term of office for the Place 7 position expires on June 30, 2011 _ r . I I F I ' T N . 71 . . I . ■ .1 ■ ■ ■ �■ -�■ 1 CI ■ ■ MOTM TO APPROVE CABBED 7 -0. F_4 GN 20104)86 APPOINTMENT TO RED LIGHT CAMERA ADVISORY COMMITTEE - PLACE 7 APPROVED Patricia Hutson, City Secretary, summarized the item_ In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee_ Councilman Welch is requesting Council to approve his nomination of Ms_ (Caren Williams to the Place 7 position_ Ms_ Williams' term of office will expire June 30, 2011 _ COtRXMM N WM.CH NKNED TO APPOW KAREN W KIAM TO THE RED LIGHT CMERA ADYIGORY CGNW EE, PLACE 7. Co1H1Ca TUMPAE S CGN THE MOTION. ...1 I !. V . r r i•■• l =.1 J F -5 GN 2010-080 AUTHORIZE THE PURCHASE OF NEW COMMUNICATION CONSOLES FROM WATSON FURNITURE GROUP, INC- IN THE AMOUNT OF $51,761 -25 APPROVED Andy (Cancel, Assistant Police Chief, summarized the item_ The three current dispatch workstations, which were installed in 1995, have become worn due to Continuous use and are antiquated as to form and function_ Staff requests authorization to purchase replacement dispatch workstations_ This purchase, in the amount of $51,761.25, will be funded from the Special Investigation 9111relecorn account_ The Tarrant County 9-1 -1 District is providing an additional funding opportunity this year through a PSAP (Public Safety Answering Point) Assistance Program_ This program provides reimbursement for approved purchases and the North Richland Hills PSAP qualified for a ma-,dmum reimbursement amount of $30,341.18_ This amount would be used to reimburse the 911lTelecom account once the transaction is complete_ r+ 1 MOTION TO APPROW CABBED 7 -0. F_6 GN 20104)85 AUTHORIZE PAYMENT TO MOTOROLA IN THE AMOUNT OF $281,050.58 FOR PUBLIC SAFETY RADIO MAINTENANCE AGREEMENT APPROVED Sean Hughes, Emergency Management Coordinator, presented the item_ The City of North Richland Hills has shared the maintenance costs with the Cities of Bedford, Euless, Keller, Haltom City, Southlake, Colleyville, Grapevine, Richland Hills and Tarrant County for the past twenty-three (23) years_ The City of North Richland Hills pays the amount in full and then is reimbursed $256,078.77 by the other entities for their share of the radio maintenance_ An Interlocal Agreement is in place to facilitate this_ Staff recommends authorization of payment to Motorola far Public Safety Radio Maintenance_ CaJ1M1CL VY6VCH IIOYED TO APPRCNE PAYIEW TO MOTOROLA ■I THE AMOtAIT OF =11.050 5B FOR RADIO MAKE NAIICE. MAYOR PRO TtE SAPP =MO THE 0071 L F_7 PU 2010 -023 APPROVE BID 810-042 AN ANNUAL CONTRACT FOR FIRE FIGHTING PROTECTIVE CLOTHING TO CASCO INDUSTRIES APPROVED Sean Hughes, Emergency Management Coordinator, presented the item_ The City of North Richland Hills has taken the lead role in developing and encouraging Uri r.. cline purchasing among the governmental entities for the purchase of Firefighting Protective Clothing_ Council is being asked to award this annual contract to Casco Industries_ It is estimated that under this contract a total amount of $215,500 would be spent by the following cities City of North Richland Hills $58,032 City of Watauga $10,000 City of Richardson $86,795 City of Euless $30,200 City of Southlake $30,416 There are no set required quantities to be purchased under this contract The specifications call for pricing to remain firm for a twelve (12) month period with option to review the pricing and extend the annual contract for four (4) additional twelve (12) month period if it remains beneficial to the City_ r+ . a. . . IY� . r F I N I F .. !. V _ r r i• ► =. F_8 GN 2010 -087 CONSIDER MODIFICATIONS TO THE SIGN REGULATIONS PURSUANT TO BILLBOARDS AND BECOMING A TXDOT CERTIFIED CITY - ORDINANCE NO- 3116 APPROVED Dave Pendley, Building Official, summarized the item_ On July 26, 2010, the City Council directed staff to pursue obtaining 'Certified City" status from the Texas Department of Transportation that would allow the City of North Richland Hills to regulate billboards along Loop 820 and Texas Highway 121 _ 'Certified Cities" become the governing body to permit, inspect and federal, state and local billboard regulations_ The status also allows the city (via the Sign Review Board) to grant variances that non-certified cities are not authorized to grant_ Staff is recommending approval of Ordinance No_ 3116_ MAYM PRO TEM SMW MOVED To ArPROVE ON 201 D -087; OMMAMM No. 3116. Oourcamw Lnman D zEcooEo Tw roam EXECUTIVE SESSION ITEMS G_1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino advised that Executive Session discussion was not completed during the work session due to time constraints and that Council will convene in Executive Session following the regular Council meeting_ If any action is needed following Executive Session, action will be taken in the City Council Workroom in open meeting and then the Council meeting would be adjourned_ INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tern Sapp made the following announcements_ Early voting begins October 18th for the election for Texas Governor and other state and county offices_ In North Richland Hills, early voting will take place at the Recreation Center located at 6720 NE Loop 820_ For more information about the election, visit the Tarrant County Elections website at tarrantcountv_comleVote or call 817 -831 -8683_ North Richland Hills is proud to be the home of the Texas Brahmas hockey team! The Brahmas will play their first home game of the 2010 -2011 season on October 22nd at the NYTEX Sports Centre located at 8851 Ice House Dr_ For a complete game schedule and more information about the Brahmas, visit brahmas_com or call 817 -336 -4423_ Volunteers are needed for the Neighborhood Initiative Fix It Blitz on October 23rd and 24th_ During this weekend event, volunteers will help those who are less fortunate in our community_ Projects will include home repairs and yard work far residents who are elderly or disabled_ Local businesses, civic organizations, scout troops, churches, families and individuals are encouraged to volunteer_ All ages and skill levels are wek:ome_ For more information, please call the Neighborhood Services Department at 817 -427-6650_ Kudos Kamer - Ken Boyer, Police Department An e-mail was received from a resident expressing gratitude for Officer Boyer's work to mover his grandson's iPhone_ The phone had been stolen a day before and the resident had very little hope of getting it back before his grandson left for college_ The next day, Officer Boyer called to inform him that the phone had been recovered_ The resident stated, °It's comforting to know that even relatively small cases like ours receive prompt and professional treatment' RECESS AND BACK TO ORDER Mayor Trevino recessed the meeting at 7 -43 p-m_ for a small reception in the Council Workroom and announced that following the reception City Council would convene into Executive Session in the Council Workroom pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd_ vs_ City of North Richland Hills (No_ 096-236530439); 2) Arcadia Land Partners 25 Ltd_, et al vs_ City of North Richland Hills (No_ 067- 241297- 09); 3) Venue at Hometown vs_ City of North Richland Hills, et al (No_ 352 - 237213439))_ Any action needed as a result of Executive Session will be taken following the Executive Session in the Council W. and the Council meeting will be adjourned in the Council W. J J ._ EXECUTIVE SESSION B_0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the folkiwina as authorized by Chapter 551. Texas Govemment Code B_1 Executive Session_ Pursuant to Section 551.071. Texas Government Code for Consultation with Attomev regardina Pendina Litigation - 1) Hometown Urban Partners. Ltd_ vs_ City of North Richland Hills (No_ 096 - 236530 -09): 2) Arcadia Land Partners 25 Ltd_. et al vs_ Citv of North Richland Hills (No_ 067- 241297-09); 31 Venue at Hometown vs_ City of North Richland Hills. et al (No_ 352-237213-09) Mayor Trevino called the meeting back to order at 8 =00 p-m_ with all Council members present as monied and convened an open meeting in the Council W. I, . . . and announced that the Council would adjourn to Executive Session as authorized by Chapter 551, Texas Govemment Code, specifically Section 551.071 for consultation with attomey regarding pending litigation — Hometown Urban Partners, Ltd_ vs_ City of North Richland Hills (No_ 096-236530-09); (b) Arcadia Land Partners 25 Ltd_, et al vs_ City of North Richland Hills (No_ 067- 241297-09); (c) Venue at Hometown vs_ City of North Richland Hills, et al (No_ 352- 237213-09) _ l,► r]RICIIJ:� k' I, I O: I I Mayor Trevino adjourned the Executive Session at 8.20 p-m_ and reconvened the regular session at 8.20 p-m_ There being no action required from Executive Session, Mayor Trevino adjourned the regular session at 820 p_m_ Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary !w I AWO T Department Public Works Council Meeting Date 10-25 -2010 Presented by_ Gregory Van Nieuwenhuize Agenda No_ B_2 Subject PW 2011 -038 Award a Professional Services Agreement in the amount of $623,500 to Teague, Nall & Perkins, Inc_ for Right-of- -Way & Easement Acquisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid -Cities Boulevard to Hightower DrivefRidgetop Road) Project (ST0202) Summary The Council is being asked to award a professional services contract regarding the acquisition of Right-of- -Way and easements far the GIP Project identified as `Rufe Snow Drive from Mid -Cities Boulevard to North of Hightower Drive" in the Capital Projects Budget_ General Description_ This portion of the Project will consist of the acquisition of right-of -way and temporary construction easements to support the widening of Rufe Snow Drive from Mid - Cities Boulevard to approximately 1100' north of Hightower Drive (in the area of Ridgetop Road)_ Previously, the City Council approved a Local Project Advance Funding Agreement (LPAFA) for this project which allocates up to a maximum amount of $7,562,043 from the Texas Department of Transportation (TXDOT) for engineering design, Right-Of-Way (ROW) acquisition and construction of the project The project's design will include the widening of the roadway from the existing 54ane undivided fit foot wide asphalt street to a 74ane undivided roadway_ In order to construct this proposed wider section, approximately 120 parcels need to be acquired - 40 ROW parcels (needing bath ROW acquisition and Temporary Construction Easement acquisition equating into 80 parcels) and 40 Temporary Construction Easements (for existing properties on which ROW is not needed)_ The scope of the project includes appraisals, negotiation, and closure of all needed parcels within the parameters set for by TxDOT and the Federal Government_ Staff folkrwed the City's policy for procuring professional services of a consulting firm_ Requests for proposals were initially sent to local firms experienced in projects such as this; 12 firms responded by submitting proposals to the City_ Four (4) North Richland Hills staff members (Economic Development Director, PW Admin Civil Engineer, Building Official, and Senior Park Planner) comprised the selection committee_ The committee evaluated the 12 proposals and selected the top fire (5) firms based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule_ The top five (5) firms chosen by the committee were_ Halff Associates, HDR, O_R_ Colan & Associates, Teague Nall & Perkins and TranSystems_ Following presentations to the committee, Teague Nall & Perkins was unanimously chosen as the top firm_ Teague Nall and Perldns, Inc_ (TNP) is a consulting firm that provides professional civil engineering, surveying, landscape architecture, ROW acquisition and planning services to municipalities, counties, and other governmental entities in North Texas_ Since 1976, TNP has built a strong resume in civil engineering, and has developed a local reputation for providing quality and responsive service_ TNP has an experienced and knowledgeable team of right-0f- -way professionals who have a 22 -year track record of acquiring right-of- -way and coordinating utility adjustments far public entities in Texas_ The professional services agreement outlines the scope of work in Attachment A Listed below are the key items within the scope of work= ■ Project limits are from Mid-Cities Boulevard to north of Hightower Drive (Ridgetop Road)_ ■ 40 Right-of- -Way Parcels with Temporary Construction Easements and 40 stand- alone Temporary Construction Easements_ ■ Scope includes all necessary appraisal, negotiation, and closing services for ROW acquisition, as well as provisions for condemnation services should such services be necessary_ ■ The parcels will be acquired in accordance with Federal and TxDOT regulations_ Staff negotiated a $623,500 consultant fee_ This fee consists of a base fee, and a fee for additional services (condemnation support, stand -alone easement negotiation)_ Shown below is a breakdown of these fees= Base Fee $ 381,300 Additional Services $ 242200 Total Fee $ 523,500 The Base Fee will be a not-to-exceed fee in the amount of $381,300_ The Additional Services Fee will be billed on a per-parcel or hourly basis and will only be paid if these services are needed_ The total amount of the professional services agreement for this project is $623,500_ There is sufficient funding for design services and ROW services in the 2010 -2011 Capital Projects Budget_ Recommendation_ Award a Professional Services Agreement in the amount of $623,500 to Teague, Nall & Perldns, Inc_ for Right-0f- -Way & Easement Acquisition Services for the Rufe Snow Drive Street & Utility Improvements (Mid -Cities Boulevard to Hightower Drive/Ridgetop Road) Project (ST0202) and authorize the City Manager to execute such professional services agreement_ J Rule Srow Or 7� #AWkCbm Blvd E l N40R'TH RICHLAND HILLS Pf*dU=kffmw to AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND Teague Nall & Perkins, Inc L 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 Teague Nall & Perkins, Inc., a Texas r ,..c ion, acting by and through William L. Wmberley,P.E.; its duly authorized Right of Way Manager (hereinafter called - ENGINEER - )- VATNESSETH, that CITY desires professional engineering (ROW) services in connection with the Rule Snow Drive From: Mid -Cities Boulevard To: Ridgetop Road_ NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows 11. PROJECT In this Agreement, the `PROJECT' means the right of way acquisition services for Rufe Snow Drive Fnxn_ Mid -Cities Boulevard To North of Ridgetop Road in accordance with State, Federal and City rules and guidelines for the acquisition of property to be used on Federal aid Sheets and Highways_ I I 1 Crlf[c3 :� 4 4 �` I O :11 ENGINEER is an independent contractor and undertakes and agrees to perform professional right of way services in connection with the PROJECT, as stated in the sections to fellow_ 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 VII= 'Compensation" and Exhibit E_'Compensation'°_ 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 Right of Way Acquisition 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 ❑allasfFort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials fumished under this Agreement ►'►W_► i7 i] I I IsI 'Ll 1 III O ; CH I: 14 4 :� I : M&I 4 :i!A 1H *' The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit C 'Additional Engineering Services', attached hereto and made a part of this Agreement- V11- SCOPE OF CITY SERVICES The City will fumish items and perform those services as identified in Exhibit D_ 'Services to be provided by the City', attached hereto and made a part of this Agreement- VA I ILK•] ' 1 � 4 k --IA I 161'k A- In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit E_ '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 six hundred twenty three thousand five hundred dollars (5523,500.00)- C- CITY may authomize 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- 0- CITY and ENGINEER understand that the variables in ENGINEER's oast of performance may fluctuate- The parties agree that any fluctuation in ENGINEER's costs will in no way after ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part- VA IIKOYA'Jk 14:� as] a11010iIJ�` 14k I&► 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_ I►:�I:Ir7�'I:I��'1 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, worldng 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, worldng 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 CffY'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 pe,foin ance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, worldng drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, wortdng drawings, specifications or other engineering documents_ ► :M 1: E•:ilJ C�3 For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subs, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided A_ Worker's Compensation Insurance Statutory requirements ($ 300,000 minimum) B_ Comprehensive General Liability and Bodily Injury Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $1,000,000 aggregate C_ Comprehensive Automobile Liability_ Bodily Injury Property Damage Combined Single Limit $ 500,000 per person, or $ 1,000,000 per occurrence; and $ 100,000 each occurrence; or $1,000,000 aggregate D_ Professional Liability_ Errors and Omissions err err 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_ 1U_ ARBrrMTION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval_ l: lIMr4: �', II' LlU110 16'U:1011"il�_l�4:E- y107:1 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 contacts 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_ l3_ fF 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 fox the percentage of work completed_ 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_ IUV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A 'Project Scheduler which is attached hereto and made a part hereof_ ENGINEER shall employ manpower and other resources and use professional sidll and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEEKs control_ With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER7s compensation, it shall be modified accordingly, subject to City Council approval_ For Additional Engineering Services, the author¢ation 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 far this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B= `Basic Right of Way Acquisition Sery icesr_ Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT_ 1:1'AW91 =10147 ►1 &1 ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement_ XVI. 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 takeoffs, 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 subconsultart agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontrac, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity takeoffs, documents, papers and records of such subconsuktart, involving transactions to the subcontract, and furfher, 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_ KVAIM *:4:11 :11 &1 Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement Exhibit W Project Schedule Exhibit °B" Basic Right of Way Acquisition Services Exhibit °C' Additional ROW/Surveying/Environmental Services Exhibit °D' Services to be Provided by the City Exhibit °E" Compensation Exhibit °F Conflict of Interest Questionnaire XVIII. 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- 13- Legal Expenses_ The parties hereto waive any claim they may have for attomey fees in any litigation arising out of this contract or the failure of either parry 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 Teague Nall & Perldns, Inc_ Attn_ William L_Wimberley, P_E_ 1100 Macon Street Fart Worth, TX 76102 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_ Assiaiment_ 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 its, 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 henna have executed this Agreement this the day of CITY OF NORTH RICHLAND HILLS (CITY) Mark Hindman, City Manager ATTEST= City Secretary 20 Teague Nall & Perldns, Inc_ (ENGINEER) BT- William L_ Wiimberley, ROW Manager I ATTEST= Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires= CORPORATE SEAL EXHIBFT A PROJECT SCHEDULE FOR Rule Snow ROW Project (Mid -Cities Boulevard to Ridgetop Road) The Scope of Services for this PROJECT is based on the following schedule Activity Due Date Surveys and Legal Descriptions September 1, 2010 Project Release far Acquisition October 1, 2010 Title commitments Sept — Nov 2010 Appraisal/Appraisal Reviews Oct — Mar 2011 Approved Values Nov — Apr 2011 Negotiations Nov 2010 — Nov 2011 Closings Feb — Nov 2011 Possession of all Parcels January 2012 EXHIBIT B BASIC ROW SERVICES FOR Rule Snow Drive (Mid -Cities Boulevard to Ridgetap Road) The scope of work for BASIC Right of Way Acquisition Services SERVICE REQUIREMENTS OF THE ENGINEER Services shall include, but are not limited to the following activities A Project Administration a Communication (1) Provide monthly summaries of project expenses including amounts authorized, amounts paid and budget forecasting or with an increased frequency as required by the City Office_ (2) Maintain current status reports of all parcel and project activities and provide weeldv status reports to City Project Manager's Office in a form approved by that office_ (3) Provide schedule of all areas of work indicating anticipated start and end dates_ (4) Participate in monthly project review meetings at dates and times determined by the City Proiect Manaaer_ (5) Prepare and mail to each property owner the Enaineer introduction letters and the Initial nroiect notice letter_ This may be accomplished in one letter_ b File Management (1) Primary project and parcel files will be kept in Teague Nall and Perldns Office at 1100 Macon Street, Fort Worth, Texas_ (2) Prepare invoices utilizing City standard payment submissions forms with supporting documentation_ (3) Maintain records of all payments including, but not limited to, warrant number, amount, date paid, etc_ (4) Maintain copies of all correspondence and contacts with property owners_ B Title and Closing Services (combined) a Request preliminary title commitment or preliminary title search, and 5-year sales data from Title Company that will be providing title insurance_ b Request title commitment updates in accordance with insurance rules and requirements for parcel payment submissions_ The charges from the Title Company far the update of the title commitment will be paid by the City_ c Secure title insurance for all parcels acquired, insuring acceptable title to the City_ The charges from the Title Company far the title insurance will be paid by the City_ d The curative services necessary to provide dear title to the City is the responsibility of the Engineer, this typically involves lien releases, heirship affidavits or any other encumbrance on title identified by the Title Company_ e The Engineer has the responsibility of direct contact with the Title Company to obtain an updated title commitment along with other farms and certified copy of the instrument of conveyance necessary when requesting the Parcel Payment from the Q - f Any fee related to obtaining certified court documents and fees for recording same which are not collected at the dosing of the parcel shall be direct pass through fees at the exact cost supported by the county court house receipts_ g Engineer shall instruct Title Company to submit all original conveyance instruments to the County Clerk's Office immediately after dosing for recordation, except for donations which must be forwarded to the City for acceptance by the Council prior to recording_ The cost of the recording fees and filing fees are paid by the City and should not be induded in the Engineer's negotiated fee schedule_ County Clerk's Office will be instructed to mail original documents to= City of North Richland Hills Public Works Department P_O. Box 820609 North Richland Hills, TX 76182 -0609 Attention_ Caroline Waggoner C Appraisal a Appraisers must be selected from TxDOTs list of pre-certified real estate appraisers_ The list is available for review at the ROW Division office located at 118 East Riverside Drive, Austin, Texas 78704 or contact Jahn Reed at the ROW Division office at jreed1Qdokstate_tx_us_ b Secure written permission from the owner to enter the property from which real estate is to be acquired_ If the Engineerlappraiser, after diligent effort, is unable to secure the necessary letter of permission from the property owner, a waiver must be obtained in writing from the City_ Maintain permission letters with appraisal reports_ c Prepare and conduct personal pre - appraisal contact with interest owner(s) for each parcel using acceptable TxDOT forms_ d Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser's inspection of subject property_ Maintain record of contact in file_ e Prepare complete appraisal report for each parcel to be acquired utilizing TxDOT Forms No_ ROW-A-5. ROW-A-6, ROW A,7. ROW" as applicable_ These reports shall conform to TxDOT policies and procedures along with the Uniform Standards of Professional Appraisal Practices as promulgated by the Appraisal Foundation_ f As necessary, prepare written notification to the City of any environmental concerns associated with the right of way to be acquired, which could require environmental re- mediation_ g All completed appraisals will be formally reviewed by a qualified reviewing appraiser_ When completed the Engineer will perform an administrative review and will forward the report to the City with a recommendation for approval by the City_ h As necessary, the appraiser will coordinate with the review appraiser regarding revisions, comments, or additional information that may be required- As necessary, the appraiser will prepare and give testimony as an Expert Witness in eminent domain proceedings through the Special Commissioners Hearing_ This work is considered 'Additional Engineering Services' and is not included in the appraisal fee_ Compensation for this work will be as described in the Section 'Additional Engineering Services'_ j As necessary, the appraiser will be available for pre -trial meetings as directed by the City or the City Attorney's Office_ The cost of the appraiser's preparation and expert witness testimony for trial is not cart of the contract and the appraiser is eligible for a work assignment and additional fees not associated with this contra k Appraisal fees shall be direct pass through cost with no prime consultant add - ons_ D Appraisal Review a Review Appraiser must be selected from the TxDOT's list of pre-certified real estate appraisers_ The list is available for review at the ROW Division office located at 118 East Riverside Drive, Austin, Texas 78704 or contact John Reed at the ROW Division office at jreed7 @dot_state_Ix-us_ b Review all appraisal reports for each parcel to determine consistency of values, supporting documentation related to the conclusion reached, compliance with Department policies and procedures and the Uniform Standards of Professional Appraisal Prances_ c Coordinate any required corrections with the primary appraiser_ d Prepare and submit to the Enaineer's Office the Form ROW-A-110 'Tabulation of Valuesr, for each appraisal_ e Appraisal review fees shall be direct pass through costs with no prime consultant add -0ns_ E Negotiation Services a Prepare and send initial project notice and Engineer introductory letter b Analyze preliminary title report to determine potential title problems, propose and inform City Office of methods to cure title deficiencies_ c Analyze appraisal and appraisal review reports and confirm the City's approved value prior to malting offer for each parcel_ d Prepare and send the letter transmit Landowners' Bill of Rights by Cerlitied Mail _ e Prepare the initial offer letter, memorandum of agreement, instruments of conveyance, and any other documents required or requested by the City on applicable forms_ f Contact each property owner or owner's designated representative, to present the written offer in person (when practical) and deliver appraisal report and required brochures_ Maintain follow -up contacts and secure the necessary instruments upon acceptance of the offer for the dosing_ If circumstances do not allow the Engineer to contact each property owner or owner's designated representative to present the documents in person, the City Office must be contacted for instructions_ g Provide a copy of the appraisal report for the subject property exclusively to the property owner or authorized representative at the time of the offer_ Maintain original signed receipt of appraisal for billing purposes_ h Respond to property owner inquiries verbally and in writing within two (2) business days_ i Prepare a separate negotiator contact report for each parcel, per contact, on TxDOT form ROW -N-94_ j All original project and parcel file documents must be kept in the Enaineer's Office_ Copies or woridng file documents may be kept by the Engineer_ Maintain parcel files with original documentation related to the purchase of the real property or property its_ k Advise property owner of the Administrative Settlement process_ Transmit to the City any written counter offer from property owners including supporting documentation, and Provider recommendation with regard to Administrative Settlements in accordance with Department policy and procedunes_ I Prepare and deliver final offer letter, documents of conveyance as necessary_ m Appear and provide Expert Witness testimony as a Provider when nequested_ n Issue Property Owner's Surrey form to the property owner_ EXHIBIT C ADDITIONAL ENGINEERING SERVICES FOR Rule Snow Drive ROW Acquisition Project (Mid -Cities Boulevard to Ridgetop Road) The scope of work for Additional Engineering Services involves Appraisal updates, Review of Appraisal Updates, Appraiser Preparation and Testimony at Commissioner's Hearing, Condemnation Support, Surveys, and Surveys (EasementslRight-of -Way and Design)_ The scope of work for the Additional Engineering Services is more generally described as foilows= A Appraisal Updates a Prepare complete appraisal update for the panel to be acquired utilizing Deparbnent Form ROW A 5, which will be fumished to the Appraiser by the Engineer_ These reports shall conform to TxDOT policies and procedures along with the Uniform Standards of Professional Appraisal Practices_ b As necessary, prepare written notification to the City of any environmental concerns associated with the right of way to be acquired, which could require environmental re- mediation_ c All completed appraisals will be administratively reviewed by the Enaineer's Office and recommended for approval by the City Council_ d As necessary, the appraiser will coordinate with the review appraiser regarding revisions, comments or additional information that may be required_ e As necessary, the appraiser will prepare and give testimony as an Expert Witness in eminent domain proceedings through the Special Commissioners Hearing_ As part of the preparation, the appraiser will be available for pre - hearing meetings as directed by the City or the City Attorney's Office_ The cost of the appraiser's preparation, appearance and testimony as an expert at the hearings will be determined and approved by the City on a per parcel basis_ f As necessary, the appraiser will be available for pre -trial meetings as directed by the City or the City Attorney's Office_ The cost of the appraiser's preparation and expert witness testimony for trial is not cart of the contract and the appraiser is eligible for a work assignment and additional fees not associated with the contra B Review of Updated Appraisal a Review Appraiser must be selected from the TxDOTs list of pre - certified appraisers_ The list is available for review at the ROW Division office located at 118 East Riverside Drive, Austin, Texas 78704 or contact Jahn Reed at the ROW Division office at jreed1Qdokstate_tx_us_ b Review updated appraisal reports far each panel to determine consistency of values, supporting documentation related to the conclusion reached, compliance with Department policies and procedures and the Uniform Standards of Professional Appraisal Prances_ c Coordinate any required changes to the report with the primary appraiser_ d Prepare the Farm ROW Ar10 `Tabulation of Values", for each appraisal_ C Condemnation Support a Prepare, if applicable, Bisection, Drainage Easement and/or Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the City _ b Prepare a packet containing 2 conies each of the fallowing documents Commitment Negotiator's Reports, Appraisal Acknowvledgment, Pre appraisal Contact Sheet, signed and sealed property description, and plat, Documentation of receipt of the Land Owner Bill of Rights, Final Offer Letter, any correspondence from the land owner or representatives, six (6) original copies of the appraisal report, and any real property records which are relevant to any unusual joinder or service issue_ c Submit packet to the City Attorney's Office- 0 Relocation Services for Residential, Business, Personal Property, Mini Storage Units and Outdoor Advertising Sign a Notify all property owners and potential displacees of eligibility for relocation assistance and provide them with a Relocation Assistance Brochure at time of initial contact_ The Department will provide brochures to the Provider_ fF passible, advise displaces of preliminary relocation benefits at this time_ b Contract and provide relocation assistance to property owners and tenants affected by acquisition of right of way and complete TxDOT form ROW -R-96, far all displacees_ c Locate, evaluate, and maintain files on comparable available housing to complete Form ROW-R-106- d Calculate replacement housing supplement benefits far Form ROW-R-107- e Compute and submit the request for relocation housing/rental supplement to the City Public Works Office on appropriate TxDOT forms ROW -R -107 (original and 2 copies) with supporting forms ROW-R-106 (original only) with photos attached_ f Provide 90 -day notice to vacate simultaneous with the delivery of relocation benefits package_ g Provide 30 -day notice once property has been acquired_ Note= the Displacee must be given a total of 90-days notice_ h Notify the City Public Works Office immediately if displacee does not move after 30-day notice expires_ i Perform a decent, safe, and sanitary inspection of the replacement housing in accordance with TxDOT policy_ Prepare and complete TxDOT form ROW-R- 116 and submit to the City Public Works Office_ j If a moving plan .:...- r-r-Js $20,000 prepare moving plan with appropriate photos and sketches along with inventory of personal property to be moved for non - residential movves_ k If moving plan is less than $20,000, the Provider must submit an abbreviated moving plan for the business owner or tenant that includes inventory, type of move requested and project move date_ I Request moving estimates from moving companies as needed_ m Coordinate moves with displaced homeowners, business owners, and tenants and with moving companies in accordance with TxDOT procedures_ n Maintain relocation contact logs on TxDOT form ROW -R -96_ o Attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed_ p Process and compute increased interest payments as required_ q Relocation agent shall be available for any appeals or hearings_ r Prepare all relocation payment claim submissions far all displacees on parcel- s Deliver warrants in accordance with TxDOT guidelines_ t Issue Rekxmtion Survey to displacees_ u Provide Farm ROW -R -CE and Certification of Eligibility for all displacees_ E Environmental Services a Preparation of environmental remedial plans far unk wn situations that may be encountered during the ROW acquisition phase of the project- (1) Work authorization will be negotiated on an as-needed basis per incident_ EXHIBIT D SERVICES TO BE PROVIDED BY THE CITY FOR Rule Snow Drive ROW Acquisition Project (Mid -Cities Boulevard to Ridgetop Road) The C11FY will provide the fallowing services to the ENGINEER in the performance of the PROJECT upon request_ 1. Provide any eidsting data the C11 FY has on file concerning the PROJECT, if available_ 11. Provide Parcel survey descriptions III_ Provide updated survey or parcel descriptions in case of changes IV Provide Title Insurance for all fee and permanent easement parcels V. Provide approved values for each parcel based on appraisal reports provided by the ENGINEER_ VI. Receive and consider all counter offers by property owners, Notify Engineer of acceptability of counters VII. Request Council approval of panel dosing costs on agreed to amounts Vill- Provide legal counsel to facilitate any necessary condemnation action EXHIBIT E COMPENSATION FOR Right of Way Acquisition Seances Rufe Snow Drive From: Mid -Cities Boulevard To: Ridgetop Road rLOZ-61 i� 4; Ly r 1 101 ► i A Payment Milestones a Fee for Title and Closina Service (7 ) Payment made on per panel basis (2) 10% payment milestone paid upon securing initial title commitment or securing update title commitment_ (3) 50% payment milestone paid upon submission of acceptable payment package or issuances of final offer letter_ (4) 40% payment milestone paid upon issuance of title policy or attemative method acceptable by the Depariment/City (i_e_; Attorney's Certificate)_ b Fee fix Initial and/or Update Appraisal Services (7 ) Payment made on per panel basis (2) 100% payment milestone paid upon delivery of complete and acceptable appraisal report_ c Fee fix Review of Initial and/or Update Appraisal (7 ) Payment made on per panel basis (2) 100% payment milestone paid upon submission of Department ROW-A-10- d Fee fix Neaotiation Service (7 ) Payment made on per panel basis (2) 5% payment with transmittal of initial notice and introductory letter (3) 25% payment milestone paid upon presentation of initial offer_ (4) 45% payment milestone paid upon presentation of final offer with gi!y eancurnmce or acceptable payment submission with dear title or confirmation that title will be dear by receipt of warrant_ (5) 25% payment milestone paid upon the completed dosing of the parcel_ B 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 Acquisition by Negotiation phase of the work and for Additional Engineering Services that are in addition to the Basic Acquisition by Negotiation 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_ C Compensation for the Basic Engineering Services (Acquisition by Negotiation) shall be at the per parcel amount cited in the fee schedule for a total not-to-exceed amount of $381,300.00_ ❑ Compensation for Additional Enaineerina Services not covered by Basic Acauisition by Neaotiation Services provided herein shall be as follows a Update Appraisal for Condemnation (1) Rate will not exceed initial appraisal value if the form remains the same (2) If report was initially on the short farm and is being updated on the long form the rate will be negotiated_ (3) Testimony and preparation time will be billing at an hourly rate of $2501hour_ b Review of Updated appraisal for Condemnation (1) Rate and compensation method will be the same as the initial appraisal review c Condemnation Support (1) Fee far Condemnation Support Services (a) Payment made on per parcel basis (i) 100% vavment milestone paid upon; ♦ Receipt of the submission of a Condemnation package acceptable to the Citv Attomev s Office- r, M kOM 7.1110 rIM 7-,=, *.- (1) Fee far Business Relocation Assistance (a) Payment made per Displacee basis (b) 40% Payment milestone paid upon; (i) Providing the Relocation Benefits Package (ii) Providing the 90-day notice letter (c) 40% Payment milestone paid upon; (i) Documentation of actual move from the premise (d) 20% Payment milestone paid upon; (i) Provide documentation that all relocation is complete e Environmental Assessment and Remediation Reports (1) Fee negotiated on a per incident per parcel basis when needed_ Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services_ Casts for additional services shall not exceed $242,200.00 unless specifically authorized in writing by the City_ II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVI= 'Right to Audit°- It is also understood that the cost budgets are based upon ENGINEER7s 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 cast- 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 bath parties, the cost budget, fee schedule, and total budget will be adjusted accordingly- CITY shall not be obligated to reimburse the ENGINEER for oasts 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 far 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)- III1IIIIIIIIIIIIV_►'i',I4k 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 Right of Way Acquisition Services" and Exhibit C= 'Additional ROW/Environmental Services"- B_ Upon completion of services enumerated in Exhibit B "Scope of Basic Right of Way Services the City will issue final payment of any balance will be due upon receipt of the final invoice_ 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O CD ° 0 0 0 0 0 0 0 O O 00 °� O O O O o O O o O O tO o o °o 0 0 0 0 0 0O o 0 0 0 0 0 0 0 O 0 0 0 0 0 0 . . 0 0 °0 °o O n � � O O O O N N r r- r- n r � O n O O O O O fR E O C) F+ O �j O 64 w fn C!3 O W W e0 W C C - H 09 63 Eli A a0 00 OD Efl 69 64 E/3 Ef3 V3 69 fH d3 w Ef3 U_ O O o O o O o O o o O O o 0 0 O O O O O O o O O O O O O O o O O O O O O O O 0 O O O O o O o O O O o O O O O o o O O o 0 0 C O 00 w w w w O w w O a0 co 00 O 'U) ER 69 6q EH EH 6f> Y) ER 6s 69 V3 69 w Cfl O U N 3 O o 0 o O o 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C � > in O O o O O O �O O O O O O O o O LL '6 O o 0 o O o O O O O O o O O o m N O O O O O O O O O O o o O O O N O O O o O O O O O o O O O O o N N O O O o Co O o 0 0 o O O O o O no 0 0 0 0 0 Ci 0 Ci 0 0 0 0 C C C O t1. a) to I` U') to V M CO M M m U) U) Cl) Cl) M Q LL 613 69 69 w 69 64 Ul) V3 CA N ER 64 69 64 w � V N O N C O o O O O O O o O O O O O O o F- O O O O O O O O o O O o o O o 0 w = d 2 a) o o O O O O O O o O o O O O O J 2 C '0 a) O o O O o O O O O o O O O O O LL to to CO to O O LO to to to to to t0 to Lo t6 m r 7 V s� I V V V '�1' `7 W U ER V3 69 EH EH U3 69 fA _ o v U) r 'O a w o w z - 0 w c E 3 $ LL o c z V LL t /) aci > tm Of _ E cr N w 3 ) O d C 0 Cl) w N N N N N N N N N N N N N N N uj a) 3 w L L Q N N L () a) w i U C C C C C E 0 O C _j r r 3 J R C6 (6 N a m C cl N a s a) E O " a a O U J N (9 a) U C "O O "O d E2 O C N a J O J¢ N L U 7 a U C m N a) d U m o U — o pQp w ~ N L H c °� o °�-� w U a) 0 `o c — E >> ' Q C O O Y a) m N a) N C Cl E Cn U a) E E N a' (6 C J L 7 3 C m m> m m Y o LLI (n m 3 O o m N LL > 'o N o w p —— c m c? 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N � � t2 'O Q O O O O O O O O O O O O O 9 6 O O O O O O O O O O O O O O N O O O O O O O O O N co � di 69 6 - (�; fN O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 I O C) W N CD O LO (O (O (O (O O V a V V (D N w O N 7 m � O N m d CA O W O O O CD Efl C6 (A V m a) a) A O _N N y O Q) O O N V L) W p 2 Lo m 66 a u m EA Cl @ d CL CL N V N N N O N V N N N N N N C d C_ T C � W O C N d 0 N 0_ CL C m m F Cn C 'O N aI m U) o6 m m J C O Q a) m ~ ` 11 ra O O .0 N N M 7 CY 7 CL Q 7 E C 3 O` N a) N N •O CQ .N m U 2 2 c m LU m LL co y O 7 a) C C U) LLJ LLJ 'O 'O - Q CY c d LL L L O O a) m Q = C O O 0.S' ti U U [YC O d m N (L' �' p Ca L L U C c -° (D o a) Y o o Q >> w U 0Y Z Z @ r � a d o C � o Q N M V LO (O f- (O O (D (D (O O (O EXHIBIT F CONFLICT OF INTEREST QUESTIONNAIRE FOR Rule Snow Drive ROW Acquisition (Mid -Cities Boulevard to Ridgetop Road) [Conflict of Intent Questionnaire is on the following 2 pages_] CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter OFFICE USE ONLY 176 of the Local Government Code by a person doing business with the governmental entity_ nde P h3ce i ved By law this questionnaire must be filed with the records administrator of the local govemment not later than the 7 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- 1 Name of person doing business wilh local gorerrrnerrtal enw- Teague Nall and Peridns, Inc- 2 EV Check this boat if you are fling an update to a previous filed quesfiomaire. {The law requres #md you file an updated .. .:: , r..1 qL :. e " : with the c .. .. , : fig authority not later than G : C � Lc, 1 of the year for which an adiv ft - � J in Section 176_006(al Local C. � _ . Code, is pendog and not later than the -/" business day a&F the dale the oricfiaiy lied Q c " . L :.. z-a " .. . _ . r. or inacc raie_) 3 Describe each affilialkm or business relahanship with an employee or , . of the local govemmental enbily who males nxxxnnKsKlatiom to a local govemnwnt officer of the local govemmental entity with respect to mWe••ditm of money. None exist 4 Describe each affiliafion or busoiess rel -%Np with a person who is a local government officer and who appoints or employs a local govemment officer of the local governmental entity that is the subject of this quesbanna None exist CONFLICT OF INTEREST QUESTIONNAIRE Foy CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with wham filer has affiiatian or business relatiamihip. (Complete this section only if the answer to A, M or C is YES.) This sedion, i Nn 5 ndudM siftarls A, f3, C & D. must be .. . I for each offer wih whom the tier has afliiatian or busness � c :. , - .. Atlach addiional pages to this Fa m CM as .: F- A- Is the local goo r� r� i . ofer named in this sedan mmeift or " b receive taxable noome from the lien of the questionnaire? ❑ YES ❑ NO 13- Is the filer of the qt c - � reeehft or Rely to receive taxable noome from or at the diredion of the local government otieer warned in fm section AND the taxable inoorne is not from the local I MW- E] YES ❑ NO C- Is the tier of this questiornare afliieded wih a ,.. .. c :. or firer business errlily that the local government officer serves as an officer or director, or holds an ownership of 10 percent or nrae? ❑ YES ❑ NO D- Describe eadn alfilmhon or busness raelaboraft- 6 Describe any other affiliation or business relationship that might cause a conflirt of inb rest No business relationships most that would cause a conflid of interest 7 August 2, 2010 Skpmkffe of pomm dmq busass rrM the gmwmKwM enft Deb ��$W I AWO 7 W Departrnent_ Support Services Presented by_ Thomas Powell Council Meeting Date 10-25 -2010 Agenda No_ B_3 Subject PU 2010-024 Authorize the Purchase of Turf Equipment for the Iron Horse Golf Course in the Amount of $161,149.60 Summar►r_ In the 2010 -11 adopted budget, $164,500 was allocated for replacing turf equipment for the Iran Horse Golf Course_ This item is for authorizing the purchase of turf equipment in the amount of $161,149.60_ General Description_ In the 2010 -11 adopted budget, Council approved funding in the amount of $164,500 to replace two 2005 year -model fairway mowers with one extra set of reels, one 2003 year -model trim mower with one extra set of reels, and one 2003 year -model greens aerator_ Most mowing equipment is on a 5 to 6 year replacement cycle_ The City of North Richland Hills is a member of several inter -local groups and utilized existing contracts with John Deere Dealerships thnxrgh Texas Multiple Award Schedule and the Local Government Purchasing Cooperative (BuyBoard) to request quotes on the equipment needed_ The purchase will be made through the local dealership of Austin Turf & Tractor_ The John Deere contract requires the purchase order for the John Deere equipment to be made out to John Deere and the local dealership of Austin Turf_ A separate purchase order for the Wiedenmann aerator will be made out to Austin Turf_ The following items will be procured for the Iron Horse Golf Course= 2 ea John Deere 7700 Fairway Mowers $ 81,028.00 1 ea John Deere 2653B Trim Mower $ 26,258.56 1 ea Set of 7700 Fairway Reels $ 12,716 -76 1 ea Set of 2653B Trim Reels $ 7.592.20 $127,595.52 1 ea Wiedenmann GXi HD8 Aerator $ 33.554.08 $151,149.60 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_ Recommendation_ Authorize the Purchase of John Deere Mowing Equipment from John Deere/Austin Turf in the amount of $127,595.52 and the Wiedenmann Aerator from Austin Turf in the amount of $33,554.08_ JOHN DEERE COMPANY GOVERNMENTAL & NATIONAL SALES CONTRACT QUOTE WORKSHEET Rd Io CITY OF NORTH RI( ALAN HILL Shit) Io Add , 61100,1 �k r'she, OR vv-1 Addnlois CITY OF NOR I H KICHt ANTI H ILLS 7,1) No ml Rtlrlald IX Cily SIM. Zip -0110 Dick riow DR West GQVaCt Name, Nofth Rlehla.d Hill,, TX Phone ThomAs 817 6XV . . . ... . ....... ...... . . . . .. . .......................... . ......... . . .......................... VENDOR REMITTANCE INFORMATION DELIVERING DEALER C&C�L Eqwpme,tt JOHN DEERE NATIONAL. Y DCW Ausfim Turf aiJ Tracto, jow ocere Coi,. 00VERNIULNT SAC FS Aca # 49702 eq)011,10,i D eft Run ' '1 74,1 NETWORK P1 ACF rity!St.W fan Nem TX C-y. NC 275.1 CHIf;AGO It 60 -1717 ph.". 817-1 V,u ConmLl RORrjIE HUMPFRE Yl CLAY NICCRACKEIN — .111 ..... . .......... ..... . ................. - – - ----- . ....... ............. ..... . .. ... .... ....... . . . . ..... Cvwi—!# =41A PlK'ltLlfdvllc-08I,, (ADEG List and p riori LqHjl roar l ccwjEb j2f rtlav 1 pnw I I L . . . ........ �',A UNI 5 910 00 • 7: 7 1 FAI� _ ... . . ............ Wl o BLD ESP RI . .S . . . . ............. ................ . .......... ... .............. ......... if71 . ......................... ... ................ . .. . ..... ............. .......... . . . . .......... ........ . ... Et HT KIT OQ 1 19J 5 SCRArERS 5 i81 m . .. . . ..... .. ...................... . . .......... .. . .......... .... . . . . ...... . . ....... ........................... . . ........... .... ............. ......... .. . . . . . . ...... .... .. . ...... �A . 1 11 IA CHING HARO%VARE I S405 00 $4,15 . .. . . . ............... . . . ...... . ............ . . .... ..... . ... .... . .............. ....... ............. . . .................. ......... . .. . . . . . ........ ...... ......... . . ... ...... ---------- .......... .. . . ...... ... . ... . ... ............ ---- ............. - ............... ........ ................... . . . ........... .................. .......... ................ ........ ..................... ........ . .... ............. ....... ... ...................... . . ........... ---------- pel Ll S . . . . ........ �, �vw >I 0 .................. Plus Nara jal2I3RL A 2 a �" . .. . ............ . ................. Less Trace- pp!�� ............ . ........... lAumcipal L—se? Y . . .. ...... Ni) Coltratt 0 PW% T;j� N, (q app 4cable t Retail Note? Y— M'swl--. F.n if,ippi—tW WCQ) ff tax exeraPt plans. wbif tax ...Tpt o. ca,4fic.tv with purthas8 ardor. Total PO Price S 40,5114 00 Plaaw s ub i nit jjjjs a b I e pur hn.. order. JOHN DEERE COMPANY GOVERNMENTAL & NATIONAL SALES CONTRACT QUOTE WORKSHEET . ............ ... .. . AGENCY 1N•ORMATfON Eji >I 2e Shp to CITY OF NOR l H RICHLAMr,) HLJ.,' , Andress Addes,-, 6110 D,ck Fisher DFI, 'Ne-.1 Cdi SIM, 7!p. CITY OF NOFMI RICHLAND HII I S C"y, Sts`. Zip North R0111nd Hilis TX pi3:act learn 61 ?0 Di ; DR WPM Gontad Na t r f h—ii, P-11 W1, TX Ptrgne. 817.427,63M .... . . ........... VENDOR DELIVERING DEALER CV,;E EILIII21TIent Dealer. Austin "Furl and Tractor John Oceue Company Aul A 9702 2( John Deere Rtm C ty, farmers Bant Tpwa% Cary. NC 27513 Phone 214 630 MO pfuww, yW)0} r,35-29 . . . ............. -- Fay, ........... Gentact C, Coritmzt 4 292.08 Price Eftctivc Unv List and price all crid—, bundMs and part numl7aro r6 rlita W,Pl,o9-- I'lowy tnv i0rde, 4 1 List Ptice Total L;st P, ' ce 22,589,40 S ^-2,58 00 8 BLADE REELS 836600 S 8,355 00 . . . . . . . .......... HD SPIRAt 1,542 DO ................. .......... SEAT 3899 00 . . . . . .. .... . .. .... . ... ................... ......... . .... . . . ... .... ........................... . . I WEI��,HT KiT 5 ------------- ----------- - 41i7 R01. FR SCRAPFR 123 CIO S 1 26. 60 — - ---- ---- ---- - . ..... ... ................... 2m) 1 "z., KIT I"cb 1 w55 $Iacet 77: u S 7700 ... .. . ...... .. . . .... ............................... ..................... .............. .................. ...... .... ..... ............ .. . .... .......... . ... . . ............. .. .............. . . . . .. . ................ .. Ii,.,j Equ,tim—f 1A'f'tA(MNG FIARDINAkE 5965 00 T ..... . . . ........... . .. ................. .............................. .. . . . ........ ............. ........ . ........................ .............. ........... ..................... ....................... . ...... ............. . . .... ............................ . . Traci` In .......... .. . .............. ....... . ...... - - -- --------- - -- ................... ................. . .... ....... . ........... ............... ............ ........... . .. . ...... . ... ...... .. ... .. . ... ..... . . . ........ ............... . ............. ...... . . ....... . ... Totil List Pm.e R�. S 331,28i 00 . ......... ....... . .... ... . . . . . . . ............ . .. . .. . ............ Bisoou,I,t 7r")B? 44 ............ rotai ot jo c"!teAy_,p �n�t 25,2�3 plus No, Joh Deane Eo.vienl - All,.d Jif arojrcabteO S 00 Less lride— (it "PL c- 26.25a 50; I . ...................... . ...................... -1 --- - -; ' Wne..pal L—se? y" No Corizia'l �us Tax: % fit 3Dr,1,czb'e) .......................... .... .. . ..... r .... .. ..... Pius ... ..... .... Retail Homy y" No Convw:,t 0 d zpplicaloe pt) o) ............ . . . ... . _ - L�x exempt leas! !,�ubenl tax exemption certificate with mrchiise or< Total PO Price, $ 26,258,5 — p : -- ... . ................. plda96 submit this form along with the purchase ordn'. I. JOHN DEERE COMPANY GOVERNMENTAL & NATIONAL SALES CONTRACT QUOTE WORKSHEET . . .... . . . . ..... ... ........ A(,,[ NCY INr r)RMTt AON CITY OF NORTH RICHLAND HILlS sho to. CITY OF NORTH RICHLAND IWAA 6110 U14.1 P sher URVve.51 Address 6110Dzckf-�,iherDR'0VeRI NOW R'chl—d fi';t, TX Cily, Stat., Zp NWh Ril.hiond 1-14's TX 7ftomaspnw0 CantaciName .................................. ................ 8 11-127- 83za VENDOR DELIVERING DEALER 0-cc Equ'p-'em Dealer. Austin'WrIa.d t Jom, Deere Cw,,pany A'd 4 9702 MOO Dea'e pm Cqyt$tate Fxmens fl,anclt Texas Cxy NC 27513 Phone: 214 630 P ?'--e (800) Fax QN) 748 - 2313 P�ew Ulfecl" ' DW( list and price all ........... an �'(t PIA22463 I) I', BLALIL RELLS 31 ERS I to ou 5 E 0c 8 M 2 2 2 VIV c K 1 1 1 1 1 S !,2 00 5 -MIA 19817 ROUFRS 5 3 0(} 1,740 IN ............................. - ........... ........... ................ ........................... ................ .............. . . ............ ............. ......... . .... ....... . .. - — — — — — — ... . ........ ......... . .............. ................ .............. ............ ............. .................... ............................ . .. ...... .. . ............... . . ... ....... ............... ... . . ....... ........... ......... . ................ .... ............ . .. ............................... . . ..... . ... E w ww A'-TACn!NGHARDVNlARE $Z007 #3tj ........... . .. ......... . . ......... . .... . ................. ................................. . .......... . . ............... . . ................................... ............................ ............... ................................................................. ................ ..................... . .................................... r In __._.....__... .._......_....._.._. ... ... ..... . . .......... . .... . --- . . . ......... ...... .. .... ....... . ................ - - - -.. .. .. ... . ..... . ......... . ............ ........... . . . ...... . . 1 ..................... ......... .. .. .. ... . . ....... . ......... ............. . 1-- 1 S. _... r 11 ............... . . . ...................... ................... . . T-0 b .......... ...... . . . m, 0,,,t . ................. 4 09 0 ..... . W�s Contract' )-5—tw ..... --- , . ..... Omr-, A—uni 3,3a I'a4 To& Pi,m of J.m Lquipment .. . .... . .. . ................ ph..' No J Thn De"fe i�'t 1'ette ai pkcaue) — — - ---- — ------ ... . . ................. . .. sulwai'll S --12 716 /J ................................... ........................... ......... ........ .. ................... . . . . . . Mu icipal Lease? Yes No Cant'acIA PI u5 Tax'. . .. . .............. ............... ........................................... ............ N Yes tf tax exe 4 a(ea5e ..... . ....... .......... . . .. 2�Tjps�:: .. . ........ Total se ardor. JOHN DEERE COMPANY GOVERNMENTAL & NATIONAL SALES CONTRACT QUOTE WORKSHEET A(.rNCY INFORMATION CITY OF NORTH RiCHLAND ffl,1-3 Shp he GITY OF NC RIH RICHLAND HILLS 6110 DiCx F,She., ON We , .I Addm r, 611.'Dlc F-mh., OR4'V-11 NIM, Rldhl-d H.lhl TX Cily, Stub: Zip`. North R, Meng t 1-45 TX I hom ax Pow-I' Ccnrai Name Tlmlnqf, po,n11 . . ........ .... II-1427- 358 .- -- - ............. - — - - --- ------- - - ......... ................... ... ........ . ..... . .... VENDOR DELIVERING DEALER rk W, al,�, A,�� Naf and T,Acto, John Deere compaj Aut # 9702 1 Equlcl-ment 2(Xn-k,r f, Deere Fou C;vty,'State Painters Branch Tcxn, C., N C 275 Phone 2 3a:10 Plhoi,e, (5(30) 535-29G7 �- f Contact Clay McCarkeo, .... ...... . . ..... .................... ..................... ............. . - 292 r!F, Pn F. ff.,ci vo Dau 4 -011 b..dlqs and Wart . ...... .... . . ..... klni22468 S oade 2 nn, 1 F114 164 00 ....................... ...... ........ . ....... 1!16 00 ................ ................ ........... . ..... .......... I' o , $ .64 S 54? 1 .......... . .. . ........ .. ........... --- — - - --------- ................... ... ........... ................. . . ........ ........ . ...... ... . .. ............ - . ... . ......... . . ...... . ................................. . ..... ... ---------- Ai 10, r HARDIA'ARF . .. ....... ...... . . . .. . ...... . . . ..... ........................ ........ .................. . . . ................. . .. ..... - . .... . . ...... ........ . . ..... . .. ... . . ... .. . ............................ . .. . . . . . .. .. . . . . . . . . ... ..................... ..... .. ..... .......... .... . ................. ...... ...... . . ................ .. ............ . - . ... ................... . ... . . ......... ........... Y0111 LM I'llct, pea Unit $ 9 12.- 00 I-- C-t-1 . . . . .. . ........... . Anlo.nt L Toip) Pm, W jw"n Deal. •t S ph,s,N , l Alt i -jpp I ............... .... ..................... . .. . . . . ........... ... . ........................... .. ........ .. . . .. . ................... .................................. . ........ ....................... ............ . . 11411mc.pal Lease? ye, No I Il�s I nx Ili appleab>(n ...... .......... . . .... .... . .... .... N, Contract x Misceljarou Pees it app,oab ............... . . .... iiaLaampt plea sub t -optin certificate With pwc Total PO Pric 7�69 2_20 - 5e , mil a� . ......... . . . , tPle.s. .,jb,.it lfiiy to- p urchase Wdor. JOHN DEERE COMPANY GOVERNMENTAL & NATIONAL SALES CONTRACT QUOTE WORKSHEET AGENCY INFORMATION Bill lo: City of North Richland Hills Ship toi city of Norm Richland Hills Address 6110 Dick Fisher Or. West Address- 61 10 Dick Fisher Or 'west City, State, ZJp: North Richland Hills Tx City, State, Zlp: North Richland Hills, tx Contact Name, Thomas Powell Contact Nome: ThomasPas-11 Phone; 817-4276358 Phone: 017-427,0358 VENDOR DELIVERING DEALER Austin Tull and Tractor Deaier: Austin Turf and Tractor 2098 vatery View Lane Acct 9702 Farmers Branch Tx 75234 CityiStale: Farmers Branch Taxes Phone 214-6303300 Phone; 214-630 Fax 214-630-3366 Contact; cl: Clay McCracken Contract #_ 292 08 Price Effective Data List and prita all Equipment Codes IDescriplian List P6ce Total List Price 1(w 8 28,900.00 S 28.900,00 GXI 8 HD 495 DRIVE $ GXI8 MULTI TINE HOLDER 1 $ _I 480 00 $ NEEOLE TINE BLOCK 1 $ 395,00 $ 395.00 NAIL TINE 3/16X6114 1 $ 204.60 $ 2D4.80 SOLID TINE 112 X 8 11/2 1 $ 182,40 S 182,40 CORING TINE 112 X 318 X 4.82 S 385,60 $ 385.60 CORING TINE W X 5 1 5 472,00 $ 472.00 CORING TINE 518 X 7 112 618.00 $ 616.00 TURF RETAINER I $1 . 450 , 00 $1,46000 Allied tEow,oment: ATTACKNG HARDWARE 1 515000 $150.530 Trade-in Total List Price par Unit $ 34,085.80 Less Contract Discount 200% Distoom Amount S 68171 Total Price Of John FJaere E Iry mef11 $ 33,404,04 Plus Non -John Deere r-quipmoat - Allied (if applirablo) S 150: Less'frade-in (d appl,cable) _ Subtotal $ 33.554,08 Municipal Lease? Yes No Corwhe't 4 1 Plus Tax _ % (d applicable) Retail Note? Yes No Contract 4 Mlsletlanous Fees, tf policable (jDC) If tax exam ptplease submit tax exemption certificate with purchax;aordor Total PO Price $ 33,354,00 Please submit this torn along with the purchase order. I AWO 7 W Department_ Parks and Recreation Presented by_ Bill Thornton Council Meeting Date 10- 25-2010 Agenda No- BA Subject GN 2010-090 Approve the Execution of a Professional Services Agreement with CMJ Engineering, Inc- in the amount of $77,981 for Construction Materials Testing Services for the New Recreation Center Summary= This item is to approve the execution a professional services agreement with CAIIJ engineering for independent materials testing associated with the construction of the new Recreation Center- General Descrivtion_ A request for qualifications for soil borings, engineering recommendations and construction materials testing services was issued for purpose of establishing a small team of the most highly qualified firms to provide these services to the City of North Richland Hills on a rotational basis for up to three years- A selection committee comprised of various City staff members established criteria in which to evaluate the respondents' qualifications in order to select the most highly qualified firs- Telephone interviews were set up with several firms to aid City staff in the evaluation of each fir's qualifications- The firs selected for rotational use for the three year period were PSI, Inc -, CIIAJ Engineering, Inc -, Alpha Testing Services, Fugro Consultants, Terracon and Landtec Engineers- CMJ Engineering was selected for the soil borings and engineering recommendations for the new Recreation Center foundation as their fir was next in the rotation- Our architect, Brinkley Sargent Architects, and staff recommend that CIIAJ be used to perform the construction materials testing services for the new Reaction Center- It is common industry practice for the company providing geotechnical investigative services to also provide materials testing services- It is advantageous to the City for materials testing services (particularly those having to do with foundations) to be performed by the responsible for the design criteria upon which the project is based- It maintains a single source of responsibility for the design parameters and assuring the design intent is realized- The scope of work for construction materials testing is to include earthwork testing, drilled piers and reinforcement inspections, testing of cast in place concrete, visual observation of masonry construction and structural steel observalion- CMJ Engineering is a fir with a proven record of excellent perfomonce with the City of North Richland Hills- They have performed construction materials testing and soil boring investigations for numerous projects at NRH2C- Recommendation_ Approve the execution of a services agreement with CAIIJ Engineering, Inc- in the amount of $77,981 for construction materials testing services for the new recreation center- AGREEMENT FOR PROFESSIONAL SERVICES NRH RECREATION CENTER CONSTRUCTION MATERIALS TESTING SERVICE This AGREEMENT is made and entered into this 25 day of October , 2090, by and between THE CITY OF NORTH RICHtAND HILLS, hereinafter called the OWNER, and CMJ ENGINEERING, a corporation hereinafter called the CONSULTANT. RECITALS This AGREEMENT is applicable to the furnishing of Basic Engineering Services by the CONSULTANT to the OWNER for the construction materials testing services for THE NORTH RICHLAND HILLS RECREATION CENTER 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 Engineering 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 I! CHARACTER AND EXTENT OF SERVICES The BASIC ENGINEERING SERVICES to be rendered by CONSULTANT, include and are limited to the following: (Refer to the project specific Basic Services outlined in Attachment "A ".) 2. The SPECIAL ENGINEERING SERVICES to be rendered by the CONSULTANT, include and are limited to the following: (None — All work included in BASIC ENGINEERING 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" 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. Page 1 SECTION VI THE CONSULTANT'S COMPENSATION For and in consideration of the Basic Engineering 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 ENGINEERING SERVICES Compensation for the Basic Engineering 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, butwill be covered by "reimbursable expenses." All permitting, application, and similar project fees will be paid directly by the OWNER_ Payment for the Basic Engineering 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. SPECIAL CONSULTANT SERVICES None — All work included in BASIC ENGINEERING SERVICES. 91 a IN] ►L•11&i =IZAA149 *1 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 Engineering 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 Engineering Services ", ($77,981 ), and reimbursable expenses not to exceed ($0), for a total amount not to exceed $77,981 without additional negotiation and authorization. The compensation for Engineering 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 Engineering 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 Engineering 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. Page 2 SECTION Vill 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. 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 CONS ULTNAT, 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 shalt 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. Page 3 SECTION x111 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 hythe OWNER, under Section Ill, 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 day of , 2010. CITY OF NORTH RICHLAND HILLS, TEXAS By: Mark Hindman, City Manager CMJ ENGINEERING, INC. By: Carl Lee, Executive Vice President ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: George Staples, City Attorney ATTEST: Page 4 �cNtJ ENGINEERING, INC. A rTa, A 7636 Pebble Drive Fort Worth, Teas 76118 www.cmiengr.com Cost Estimate No.: 10 -249C September 23, 2010 City of North Richland Hills Parks & Recreation Department Attn: Mr. Bill Thornton 6720 N.E. Loop 820 North Richland Hills, TX 76180 COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR NORTH RICHLAND HILLS RECREATION CENTER NORTH RICHLAND HILLS, TEXAS Dear Mr. Thornton, We are pleased to submit this cost estimate for providing construction materials engineering services on the above referenced project. We understand we have been selected to provide these services based on our qualifications. Scope of Work Our scope of service is based on our review of project plans and specifications. We propose to service this project on a call out, as- needed basis. Ear Laboratory testing of existing subgrade, fill, backfill, select fill and stabilized pavement subgrade materials; in -place moisture /density testing of same. In -place sieve analysis of stabilized pavement subgrade. Drilled Piers Full time excavation inspection, reinforcing steel inspection, and concrete testing and inspection. Cast -in -Place Concrete Pre - concrete placement reinforcing steel inspection. On -site placement inspection and testing to include slump, temperature, entrained air content, and the molding of test cylinders. Laboratory curing and testing of cylinders. Masonry Periodic on -site visual observation of masonry construction to also included mortar and grout proportion verification, sampling of masonry mortar and grout, molding of mortar test cubes and grout prisms, and laboratory curing and testing of specimens. This is proposed at the rate of two on -site service events per week. Phone (817) 284-9400 Fax (817) 589 -9993 Metro (817) 589 -3992 CMJ ENGINEERING, INC. City of North Richland Hills New Recreation Center North Richland Hills, TX Page 2 Structural Steel Observation Cost Estimate No. 1 D-249C September 23, 2010 On -site visual inspection and testing of field welded and bolted connections by AWS Certified Welding Inspector. Proiect Budget Based upon our understanding of the project specifications, our unit fees and estimated quantities for this project will be as stated on the budget attachment. All fees for services performed which do not appear on the budget attachment will be based on our standard fee schedule. The final charges will be a function of the total services performed. No additional tests or inspections have been included for work failing to meet project specifications. All charges for laboratory services are F.O.B. our laboratory. The prices provided for the scope of work will remain valid for forty -five (45) days from the date on this cost estimate, Invoices will be submitted for these services on a monthly basis. These will be due and payable upon receipt. Closing CMJ Engineering, Inc. appreciates the opportunity to submit this cost estimate. We invite you to review our scope of work, experience and fees. We will call you in a few days to answer your questions and to discuss any aspect of our cost estimate with you. Following your authorization, we are ready to begin work and look forward to providing you with our services. Respectfully, CMJ ENGINEERING, I R. Car' Lee, S.E.T. Executive Vice President - 0 CMJ ENGINEERING, INC. 7636 Pebble Drive Fort Worth, Texas 76118 Tel: (817) 284 -9400 Fax: (817) 589 -9993 City of North Richland Hills Cost Estimate No. 10 -2490 Seotember 23. 2010 COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR NORTH RICHLAND HILLS RECREATION CENTER NORTH RICHLAND HILLS, TEXAS DESCRIPTION Earthwork Moisture /Density Relations (ASTM D698) Liquid & Plastic Limit (ASTM 44318 -B) Earthwork Inspection and Testing Including all In -Place MoisturelDensity Testing by ASTM D6938 (Min. 4 hours/trip) Project Management Vehicle Trip Charge Estimated Total for Earthwork Services: Pier Inspection Concrete Test Cylinders (ASTM C31139 - 4/set) Engineering Technician (Min. 3 hours /trip) Project Management Cylinder Pick Up Vehicle Trip Charge Estimated Total for Pier Inspection Services: Concrete Concrete Test Cylinders (ASTM C31/39 - 41set) Engineering Technician (Min. 3 hours/trip) Cylinder Pick Up Vehicle Trip Charge Estimated Total for Concrete Services: Masonry Testine Masonry Grout Prisms (ASTM C1019 - 31set) Masonry Mortar Cubes (ASTM C109/C270 - 31set) Engineering Technician for Material Sampling & Testing Specimen Pick Up Vehicle Trip Charge Estimated Total for Masonry Services: Structural Steel Observation Structural Steel inspection by CWI (Min. 5 hours /trip) Vehicle Trip Charge Estimated Total for Structural Steel Services: Estimated Total for Above Testing and Inspection Services: NO FEE UNIT AMOUNT 10 $ 140.00 each $ 1,400.00 10 $ 45.00 each $ 450.00 374 $ 59.50 hour $ 22,253.00 3 $ 70.00 hour $ 210.00 111 $ 20.00 trip $ 2,220.00 $ 26,533.40 180 $ 15.00 each $ 2,700.00 428 $ 40.00 hour $ 17,120.00 3 $ 70.00 hour $ 210.00 9 $ 110.00 each $ 990.00 55 $ 20.00 trip $ 1,100.00 $ 22,120.00 388 $ 15.00 each $ 5,820.00 233 $ 38.00 hour $ 8,854.00 53 $ 110.00 each $ 5,830.00 110 $ 20.00 trip $ 2,200.00 $ 22,704.00 36 $ 20.00 each $ 720.00 36 $ 20.00 each $ 720.00 48 $ 38.00 hour $ 1,824.00 12 $'110.00 each $ 1,320.00 24 $ 20.00 trip $ 480.00 $ 5,064.00 30 $ 48.00 hour $ 1,440.00 6 $ 20.00 trip $ 120.00 $ 1,560.04 $ 77,981.00 Notes: 1. Project Management fees will only be charged for actual field services requiring a project manager or as requested by client. 2. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over ten (10) hours per day or hours worked before 7:00 a.m. and/or after 5:00 p.m. Monday thru Friday. All lab and field services performed on Saturday or Sunday, will be billed at 1.5 times the regular rate. All services performed on recognized holidays will be billed at 2.0 times the regular rate. 3. All laboratory test fees are F.O.B. our laboratory. Engineering technician minimums and vehicle trip charges will apply to all trips to the job -site including sample pickups and specimen pickups. 4. A minimum of three (3) hours technician time and vehicle trip charges will be billed for each calf out, sample pickup or specimen pickup unless noted otherwise. 5. For service events combining compaction testing and other services within the same trip, a $65.00 nuclear gauge fee will be charged per trip when compaction testing is not performed. 6. Technician time is charged portal -to- portal from our Fort Worth office. 7. Additional tests not specified in this fee schedule will be quoted upon request. TERMS FOR CONSTRUCTION MATERIALS TESTING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as CMJ, and City of North Richland Hills, hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached COST ESTIMATE identified as Cast Estimate No. 10 -249C dated September 23, 2010 and any exhibits or attachments noted in the COST ESTIMATE, Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CMJ will be based solely on information available to CMJ. CMJ is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by CMJ under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the CMT LABORATORY profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection w#th the providing of CMT LABORATORY services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CMJ to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted CMJ free access to the she. CMJ will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the COST ESTIMATE. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CMJ will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CMJ arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL CMJ will retain samples transported to the geotechnical laboratory for testing for a period of thirty {30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENT'S prior written request. i'cLaJ►ltlta]ZTi'In If CMJ is retained by CLIENT to provide a site representative for the purpose of monitoring specific port ions of construction work or other field activities as set forth in the COST ESTIMATE, then this phrase applies. For the specified assignment, CMJ will report observations end professional opinions to CLIENT. No action of CMJ or CMJ'S site representative can be construed as altering any AGREEMENT between CLIENT and others. CMJ will report to CLIENT any observed geotechnically- related work which, in CMJ'S professional opinion, does not conform with plans and specifications. The CMJ has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, CMJ'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction - related services. CMJ will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay CMJ in accordance with the procedures indicated in the COST ESTIMATE and its attachments. IRVO #ces will be submitted to CLIENT by CMJ, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CMJ in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. In the absence of written notification described above, the amount as stated on the invoice will be paid. TERMS -- Page 1 of 3 Cost Estimate No.: 10 -2490 CMJ EwINISMIING, INC. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. At the option of the CMJ, CLIENT will pay an additional charge of one- and -one -half (1.6) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, except for any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved in favor of the CMJ will carry the additional charge, as described above, effective thirty 130) days from the date of the original iinvoice. In the event CLIENT fails to pay CMJ within sixty (601 days after invoices are rendered, CLIENT agrees that CMJ will have the right to consider the failure to pay the CMJ's invoice as a breach of this AGREEMENT. This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CMJ will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of termination, RISK ALLOCATION Many risks potentially affect CMJ by virtue of entering into this AGREEMENT to perform professional engineering services on behalf of CLIENT. The principal risk is the potential for human error by CMJ. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with CMJ'S liability, CLIENT agrees to limit CMJ'S liability to CLIENT and to all other parties for claims arising out of CMJ'S performance of the services described in this AGREEMENT. The aggregate liability of CMJ will not exceed the amount of the CMJ'S fee for negligent professional acts, errors, or omissions. Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to breach of contract, warranty, tort (including negligence], strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CMJ as a third -party defendant. Parties means CLIENT and CMJ and their officers, employees, agents, affiliates, and subcontractors. Both CLIENT and CMJ agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CMJ of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CMJ and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CMJ and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CMJ to take immediate measures to protect health and safety. CLIENT agrees to compensate CMJ for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CMJ agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CMJ harmless for any and all consequences of disclosures made by CMJ which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CMJ arising from CMJ'S discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by CMJ which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between CMJ and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and CMJ have agreed on methods for resolving such disputes, then such methods will be set forth in the `Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedures is set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation, TERMS — Page 2 of 3 Cost Estimate No.: 10 -249C CM] ENGINEERING, INC. If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above, then: (1 the claim will be brought and tried in judicial jurisdiction of the court of the county where CMJ's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and (2) the prevailing party wni be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees, and other claim related expenses. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be Impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. x w ■ The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. XCarl G, INC CLIENT� By: .E.T. Executive Vice President Position position September 23, 2010 Date Date TERMS — Page 3 of 3 Cost Estimate No.: 10 -2490 CMJ ENriNEE iNG, INC ��$W I AWO 7 W Departrnent Parks and Recreation Presented by_ Bill Thornton Council Meeting Date 10-25 -2010 Agenda No_ B_5 Subject GN 20104091 Approve Execution of a Discretionary Service Agreement with Oncor Electric Delivery Company far the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174,078.57 Summary - This item provides far approval of an agreement with Oncor Electric Delivery Company for the burial of overhead utilities which is a necessary prerequisite to beginning construction of the new Recreation Center_ General Description_ Overhead utility lines providing electric and cable services within the abandoned Cardinal right -0f way bisect the new outdoor special events plaza between the Library and new Recreation Center_ In response, a proposal was solicited from Oncor to bury the overhead utilities from the southeast comer of the Recreation Center property westward to Hawk Avenue, and then northward to a point that is aligned with the northwest comer of the new Recreation Center_ Oncces proposal, in the amount of $174,078.57, is turn key with the exclusion of a contractor provided ditch and conduit consistent with Oncces specifications_ Charter has agreed to bury their utilities within Oncoes. ditch_ The easement accommodating burial of the overhead utilities is being dedicated by final plat_ Oncor will be working with our Construction Manager for the Recreation Center, Byrne Construction, to coordinated work activities_ Funding for the burial of the overhead utilities is provided through the approved Recreation Center project budget_ Recommendation_ Approve execution of a Discretionary Service Agreement with Oncor Electric Delivery Company for the burial of overhead electric utilities between the North Richland Hills Library and the new Recreation Center in the amount of $174,078.57_ p i: S i t S M "4 FA ;� ka rAr rt -�j y C Av � J C Ah t L a a 9 C it IP V g R: } Tarriff for Retail Delivery Service Cncor Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 20€12 Revision: Original 6.3.4 Discretionary Service Agreement WR Number 3073512 Transaction 1D 23240_ This Discretionary Service Agreement ("Agreement") is made and entered into this -5 day of Ocipbgr, 2010 by Oncor Electric Delivery Company LLC, a Delaware limited liability company, and (Customer "l, a MunicioaJity, each hereinafter sometimes referred to individually as `Party" or both referred to collectively as the "Parties ". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided -- Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. DD2 - FACILITIES RELOCATfONIREMOV CHARGE_ . in the amount of $174.078.57 2. filature of Service and Company's Retail Delivery Service Tariff — Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ( "PUCT ") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ( "Company's Retail Delivery Tariff"). During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges — Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective upon execution of aareement and continues in effect until upon completion of nroiect . Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other Obligations — This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7, Amendment - -This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the service {s} expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. 1t is expressly acknowledged that the Parties may have other agreements covering other services not expre ssly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: NCM Manager Oncor Electric Delivery 2501 Urban Dr Fart Worth, TX 76106 (b) If to Customer: 6720 NE Loop 820 North Richland Hills, TX 76180 The above - listed names, titles, and addresses of either Party may be changed by written notification to the other. 10. Invoicing and Payment -- Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. Oncor Electric Delivery Attn: Jumper Davis 2501 Urban Dr Fort Worth, TX 76106 If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified an the invoice. If payment is not received by the Company by the due date shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid_ The late fee will be 5% of the unpaid balance per invoice period. 11. No Waiver -- The failure of a Parry to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14, Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions - (i) City of North Richland Hills agrees that payment shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. (ii) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public utility or governmental entity, that are located within real property owned by Customer. In the event that Customer has failed to do so, or in the event of the existence of such facilities of which customer has no knowledge, Company, its agents and contractors, shall have no liability, of any nature, whatsoever, to Customer, or Customers agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities. (iii) The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities only and do not include any charges related to the relocation of any facilities owned by a franchised utility, government entitiy, or licensed service provider (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated, Oncor Electric Delivery cannot complete the reloactionlremoval of facilities outlined in this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery poles. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. Oncor Electric Delivery, LLC i !- Printed dame Printed Name Signature Signature F c Title Title Date Date ��$W I AWO 7 W Department- Police Council Meeting Date 10- 25-2010 Presented by_ Rids Scott Agenda No_ 6_6 Subject. GN 20104093 Texas Govemor's Office Criminal Justice Programs Competitive Grant - Resolution No_ 2010-030 Summary= The Criminal Justice Division of the Texas Govemor's Office has notified the Police Department that grant funds in the amount of $80,000 have been awarded to the City of North Richland Hills under the 2010 CJD Criminal Justice Programs Competitive Grant #DJ -09 -A10- 23379 -01 _ The grant funds have been authorized for the Deparment's purchase of a Mobile Elevated Observation Platform_ General Description_ The Mobile Elevated Observation Platform will be used as a primary resource for the Department's Directed Enforcement Program to detect and deter criminal activity in the City's commercial and residential areas, as well as provide an observational vantage point during large city events_ Additionally, upon request this regional asset will be available to other cities located in the North Central Texas (COG) region for crime suppression activities_ Under the existing terms far acceptance of the $80,000 award, the City shall stipulate by resolution assurance that in the event of loss or misuse of the grant award, the funds will be returned to the Texas Govemor's Office in full_ The attached resolution will authorize acceptance of and agreement to the terms of the grant- Recommendation: Approve Resolution No_ 2010-030 M� RESOLUTION NO. 2010-030 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Govemoes Office Criminal Justice Programs Compefitive Grant and make appointments for the conduct of business relative to Grant #DJ -M Al0-23379-01; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Grant; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Office Criminal Justice Program funds, the City Council of North Richland Hills assures that the funds will be retumed to the Texas Governor's Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official_ The authorized official is given the Power to apply far, accept, reject, after or terminate the grant on behalf of the applicant agency_ NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves submission of the grant application for the Texas Governor's Office Criminal Justice Programs Compefitive Grant #DJ4)0 -A7 0-23379-01 _ PASSED AND APPROVED this the 25th day of October, 2010_ CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor FAII =.i6 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A_ Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director !w I AWO T Department City Secretary Presented by_ Council Meeting Date 10- 25-2010 Agenda No_ C_0 Subject PUBLIC HEARINGS No items for this category_ ��$W I AWO 7 W Department_ City Secretary Presented by_ Council Meeting Date 10- 25-2010 Agenda No_ D_0 Subject PLANNING AND DEVELOPMENT Items to follow do not require a public hearing_ No items for this category_ !w I AWO T Department_ City Secretary Presented by_ Subject PUBLIC WORKS Council Meeting Date 10- 25-2010 Agenda No_ E_0 No items for this category_ !w I AWO T Department_ City Secretary Presented by_ Council Meeting Date 10- 25-2010 Agenda No_ F_0 Subject GENERAL ITEMS !w I AWO T Department Finance Council Meeting Date 10-25 -2010 Presented by_ tarry Koonce Agenda No_ F_1 Subject GN 2010-088 Intent to Reimburse Expenditures with Pis of Future Debt - Resolution No_ 2010 -029 Summary= In the 201012011 Capital Projects Budget, City Council approved items that may be funded with certificates of obligation or general obligations bonds_ The band sale is currently scheduled for the spring of 2011 _ In the meantime, there is a need to get the bidding and awarding of some contracts underway_ Some of the approved projects may require funding prior to the bond sale in the spring of 2011 _ General Description_ In order to reimburse expenditures with the proceeds of future debt, Council is legally required to approve a resolution to this affect_ Council approved a similar resolution in October 2009_ The resolution presented for Council approval includes projects that may be reimbursed with proceeds from the 2011 bond sale (see attached project list)_ The budgeted projects include e 2003 bond election Streets and Drainage projects $1,865,000 e 2003 bond election Animal Adoption & Rescue Center $1,300,000 e TIF1 Expansion-Boulevard 26 intersection improvements and utility burial project $2,500,000 e Senior Center Component of Recreation Center $2,500,000 e Aquatic Park Projects in the amount of $2,125,000 0 Drainage Projects in the amount of $575,000 0 Public Works Equipment totaling $285,000_ The total to be reimbursed with 2011 bond proceeds will not exceed $11,150,000_ Staff anticipates that the actual amount expended before the bond sale will be much less than this_ Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds_ Approval of the resolution will allow the City of North Richland Hills to reimburse any of these expenditures with pis from the planned 2011 bond sale_ Recommendation_ To approve Resolution No_ 20104Y29_ 1�1 1k 111 C•7 ►1: C•�r {IZ [ +w�r] BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City of North Richland Hills, Texas (the 'Issuer) intends to issue debt for street and drainage and utility improvements, an Animal Adoption and Rescue Center Facility, The Senior Component of the Recreation Center facility, Aquatic Park improvements and Public Works equipment (collectively, the 'Projects') and further intends to make certain capital expenditures with the proceeds of such debt; WHEREAS, under Texas_ Reg_ § 1.150-2 (the 'Regulation'), to fund such reimbursements with the proceeds of tax -exempt obligations the Issuer must declare its expectation to make such reimbursement and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax - exempt obligations_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with pis of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation_ The maximum principal amount of obligations expected to be issued for the Projects is $11,150,000_ PASSED AND APPROVED this the 25th day of October, 2010_ Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A_ Staples, City Attorney ►_► � � :t•]'1 IT. " (4101 * k 11 k 110- Oscar Trevino, Mayor Lary Koonce, Finance Director 2011 Bond Sale Projects Approved Project Budget FY Amount Explanation for Revision 2010 -11 Needed Budgeted General Obligation Projects 2003 Bond Election Street & Drainage Improvement Projects Terry Drive (Susan Lee Lane to North Richland Boulevard) Construction 310,000 310,000 Tabor Street (Rule Snow to Steven Street) Construction 330,000 330,000 Meadowview Estates Channel Drainage Improvements 1,115,000 1,115,000 (Finish Engineering / Design, begin Construction) Bud Jensen Road Street and Drainage Improvements 110,000 110,000 NRH Recreation Center Project NRH Animal Adoption & Rescue Center - New Facility 1,300,000 1,300,000 Total G.O. 2003 Bond Election Projects 3,165,000 3,165,000 Total 2010 G.O. Bonds Budget $ 3,165,000 $ 3,165,000 2011 Bond Sale Projects Approved Project Budget FY Amount Explanation for Revision 2010 -11 Needed Budgeted Certificates of Obligation Projects TIF 1 Expansion Boulevard 26 Intersection Improvements /Utility Burial 2,500,000 2,500,000 Subtotal C.O. TIF 1 Expansion 2,500,000 2,500,000 Facility Project Senior Citizen Component of Recreation Center 2,500,000 2,500,000 Subtotal G.O. Facility Project 2,500,000 2,500,000 Aquatic Park Projects Food Service Building (Construction) 585,000 585,000 New Attraction 2011 (Construction) 1,530,000 1,530,000 Subtotal C.O. Aquatic Park Project 2,125,000 2,125,000 2011 Bond Sale Projects Approved Project Budget FY Amount Explanation for Revision 2010 -11 Needed Drainage Projects Meadow Creek Road Drainage Improvements 225,000 225,000 Meadow Road Drainage Improvements 350,000 350,000 Subtotal C.O. Drainage Projects 575,000 575,000 Capital Equipment Replacement Dump Truck Replacement Unit 680 95,000 95,000 Dump Truck Replacement Unit 682 95,000 95,000 Dump Truck Replacement Unit 690 95,000 95,000 Subtotal C.O. Equipment Replacement 285,000 285,000 Total 2010 C.O.s $ 7,985,000 $ 7,985,000 TOTAL 2010 G.O.s AND C.O.s $ 11,150,000 $ 11,150,000 ��$W I AWO 7 W Department_ City Secretary Presented by_ Patricia Hutson Council Meeting Date 10- 25-2010 Agenda No_ F_2 Subject GN 20104389 Appointments to Boards & Commissions - Place 4 Summary - Councilman Barth is requesting Council to approve his nominations to the Place 4 positions on several of the City's Boards & Commissions_ General Description_ The terms of office for the individuals serving in the Place 4 positions on the follornring Boards and Commissions listed below have expired_ Chapter 2, Article III, Section 2- 121 c of the Code of Ordinances states that the City Council will act upon Council member nominations for these boards_ Councilman Barth is submitting the following nominations for Council's consideration_ ■ Keep North Richland Hills Beautiful Commission Doris Tipps ■ Board of Adjustmert Fonda Kunkel ■ Library Board Kay Schmidt ■ Park and Recreation Board Marlin Miller ■ Planning & Zoning Commission/ Capital Improvement Advisory Committee Randy Shiflet ■ Substandard Building Board Philip E_ Orr, Jr_ ■ Teen Court Advisory Board Shelley Nicholson ■ Red Light Camera Advisory Committee Steve Koons The terms of office for all of the above nominations will expire June 30, 2012_ Recommendation_ To take action on Councilman Barth's nominations to the Place 4 positions on the above listed Boards & Commissions_ ��$W I AWO 7 W Department_ City Secretary Presented by_ Patricia Hutson Council Meeting Date 10- 25-2010 Agenda No_ F_3 Subject GN 20104192 Appoin tment to Teen Court Advisory Board - Place 1 Summar►r_ The Teen Court Advisory Board has a vacancy in the Place 1 position_ Below is a nomination from Councilman Lewis to fill the vacancy- General Description_ The Place 1 position on the Teen Court Advisory Board is currently vacant_ The Code of Ordinances provides that the individual serving in the Place 1 position is to be a resident of North Richland Hills and a student at Richland High School, Birdville High School or Fort Worth Christian High School_ Councilman Lewis is recommending the appointment of Melissa Cruz to the position_ Ms_ Cruz is a North Richland Hills resident and a junior at Birdville High School_ She is also currently serving as a member of the City's Youth Advisory Committee_ Recommendation_ To consider the appointment of Ms_ Melissa Cruz to Place 1 on the Teen Court Advisory Board_ !w I AWO T Department_ City Secretary Presented by_ Council Meeting Date 10- 25-2010 Agenda No_ G_0 Subject EXECUTIVE SESSION ffEMS !w I AWO T Department_ City Secretary Council Meeting Date 10- 25-2010 Presented by_ Agenda No_ G_1 Subject Ammon on Any Item Discussed in Executive Session Listed on Work Session Agenda !w I AWO T Department_ City Secretary Presented by_ Council Meeting Date 10- 25-2010 Agenda Na_ H-0 Subject INFORMATION AND REPORTS !w I AWO T Department_ City Secretary Council Meeting Date 10-25 -2010 Presented by_ Councilman John Lewis Agenda No_ H_1 Subject Announcements -Councilman Lewis Announcements Early voting for the November 2nd election is currently underway and continues through Friday, October 29th_ In North Richland Hills, early voting is being conducted at the Recreation Center located at 6720 NE Loop 820_ For more information about the election, visit the Tarrant County Elections website at tanw*;ounty_corrdeVote_ Questions about the election may be directed to the Tarrant County Elections Office at 817-831-8683_ An open house for the North Tarrant Express construction project will be held from 2 p-m_ to 8 p-m_ on Wednesday, October 27th at the Hurst Conference Center, which is located at 1601 Campus Drive_ There will be project maps and other information on display_ Project staff will be also on hand to answer questions and take comments_ The North Tarrant Express project will rebuild and widen 13.5 -miles of Loop 820 and Airport Freeway_ Construction will begin later this year_ For additional information about this project, please stop by the open house on October 27 or visit the project website at www_nodhtarrantexpress_com_ Join us for the 7th Annual Hoot n' Howl event on Saturday, October 30, at Green Valley Park, 7701 Smithfield Road_ Hoot n' Howl will take place from 5 p-m_ to 8 p-m_ Activities include free games, bounce houses, hayrides, storytelling, a costume contest and more_ This annual event is a safe alternative to trick or treating_ For more details, call 817-427 - 6600_ Kudos Kamer Every Council Afeetrng, we spo fthf our employees for the great things they do_ Stephanie E ast, Neighborhood Services Departrnent — A letter was received from the Foster Village Elementary PTA thanking Stephanie for speaking at their meeting_ Stephanie was very professional and her presentation about proper food handling was helpful and informative, the letter said_ The PTA looks forward to working with Stephanie at their fall carnival and throughout the nest of the year_ !w I AWO T Department_ City Secretary Presented by_ Council Meeting Date 10- 25-2010 Agenda Na_ H-2 Subject_ Adjournment