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HomeMy WebLinkAboutCC 2011-04-25 Agendas 3 • 3 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, April 25, 2011 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 NRH Centre Construction Update (15 Minutes) A.3 NRH2O New Attraction and Operational Update (15 Minutes) A.4 Consider Designation of Names for the Boulevard 26 Trail and the Little Bear Creek Trail (10 Minutes) A.5 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 22, 2011 at %&*tq a.m. sis it ecretary This facility is wheelchair accessible and accessible parking paces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — April 25, 2011 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 25, 2011 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 Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) - Proclamation for Motorcycle Safety and Awareness Month presented by Councilman Turnage 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. 1 0 NRH City Council Agenda — April 25, 2011 Page 2 of 4 • B.1 Approval of Minutes of April 11, 2011 City Council Meeting B.2 PU 2011 -011 Authorize Inter -local Purchasing Agreement with the City of Grapevine B.3 PU 2011 -015 Award Bid 11 -023 for Annual NRH2O Food Service Products to Multiple Vendors in an amount not to exceed $132,000.00 C.0 PUBLIC HEARINGS C.1 GN 2011 -028 Public Hearing and Consideration of Ordinance Adopting Youth Programs Standards of Care - Ordinance No. 3138 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2011 -010 Award a Professional Service Agreement to Freese and Nichols, Inc. in the amount of $136,500 for (RFQ 11 -015) Bursey Water Storage Tank Rehabilitation Project (UT1101) F.0 GENERAL ITEMS F.1 GN 2011 -029 Approval of Supplemental Agreement Amending the Professional Services Contract, with Newman, Jackson, Bieberstein, Inc. in the amount of $268,136.69, for the Little Bear Creek and Calloway Branch Trail Projects G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Whitson H.2 Adjournment All items on the agenda are for discussion and /or action. Aft NRH City Council Agenda —April 25, 2011 Page 3 of 4 Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 22, 2011 at s is n 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. i ' NRH City Council Agenda — April 25, 2011 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 75180 Monday, April 25, 2011 5:00 P.M. A.1 Discuss Items from Regular Citv Council Meetina A.2 NRH Centre Construction Update (15 Minutes) A.3 NRH20 New Attraction and Or)erational Update (15 Minutes) A.4 Consider Desianation of Names for the Bouilevard 26 Trail and the Little Bear Creek Trail (10 Minutes) A.5 Adournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 4 -25 -2011 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4 -25 -2011 Presented by: Bill Thornton 1 Chris Amarante Agenda No. A.2 Subject: NRH Centre Construction Update (15 Minutes) Summarv: This item is to provide a report on the recent progress and work activities associated with the construction of the NRH Centre. General Descrivtion: Construction of the 'NRH Centre began in late November 2010. The Construction Manager at Risk, Byrne Construction, has been working to recover lost time resulting from the winter weather earlier in the year. Grading and site work has been completed, as has pier drilling and the perimeter grade beam. Off -site utility work is complete, along with installation of site water and storm sewer lines. The structural wall between the banquet space and the gym has been completed and steel erection is nearing completion in the senior and banquet areas. Steel erection in the gym space is expected to begin the week of April 25th. Concrete slab was poured in the administrative office area and fitness area on Saturday, April 16th, and parking lot paving has also begun, with a majority of the parking lot being scheduled to be poured over the next 2 weeks. The progress of the project can be viewed from the site webcam 24 hours a day. The web address for the webcam is http: / /www.nrhtx.com /nrhnews reccentercamera.aspx or can be reached via the city's home page at www.nrhtx.com. Bill Thornton and Chris Amarante will provide a PowerPoint presentation outlining the construction progress and upcoming timelines. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Chris Swartz / Joe Pack Council (Meeting Date: 4 -25 -2011 Agenda No. A.3 Subject: NRH2© New Attraction and Operational Update (15 Minutes) Summarv: Staff will provide a construction progress update on the Viper, NRH2O's newest attraction, as well as operational enhancements for the upcoming 2011 Season. General Descrir)tion: The Viper, NRH20's newest attraction, will be making its debut appearance in the United States right 'here in North Richland Hills. The multi - person tube slide is currently under construction and is expected to be completed prior to June 1, 2011. The project includes grading, site work, associated infrastructure, filtration system, catch pool, pathways, and landscaping. Guests will experience a multi- sensation of twists, turns and drops when they take a ride on the Viper. The new attraction is a thrill ride that the entire family will enjoy together. High banking turns and a heart- pounding drop into the MEGAtube will create a one -of -a -kind attraction and ride experience for all of our guests! Adding to the overall experience will be a lighting and sound package attached to the MEGAtube. Chris Swartz, NRH20 Park Manager, will present an overview of the features of the Viper, as well as an update on some overall operational enhancements for the upcoming 2011 Season. Joe Pack, Senior Park Planner will finish the presentation with an update on the construction progress. CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 4 -25 -2011 Agenda No. A.4 Subject: Consider Designation of Names for the Boulevard 26 Trail and the Little Bear Creek Trail (10 Minutes) Summarv: The Naming Board met on March 28, 2011 to consider naming recommendations for the Boulevard 26 Trail and the Little Bear Creek Trail. If Council concurs with the Board's recommendations, the item will be placed on a future City Council Agenda for possible formal adoption. General Description: At the March 28 Naming Board meeting, the Board discussed possible designation of names for the Boulevard 26 Trail, which is nearing completion, as well as the Little Bear Creek Trail, which is expected to be completed in 2013. The Boulevard 26 Trail is located between the Medical Office Building and North Hills Hospital. The Little Bear Creek Trail runs east and west with terminus points near the Cottonbelt Trail to the east and Little Bear Creek Park to the west. When considering names, the Board identified individuals in the community who have made significant contributions to North Richland Hills based on the following criteria: • leadership in the community • significant positive impact in the development of the city • donation of land, or policy development The individuals being considered meet the criteria stated above and each has made their own individual imprint in the positive development of the city. Councilman Scott Turnage will discuss the Naming Board's recommendations and will be prepared to answer questions from the Council. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4 -25 -2011 Agenda No. A.5 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, April 25, 2011 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recoanition(s) - Proclamation for Motorcvcle Safetv and Awareness Month presented by Councilman Turnaae 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 Aaenda 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 April 11, 2011 Citv Council Meetina B.2 PU 2011 -011 Authorize Inter -local Purchasinq Aqreement with the City of Grapevine B.3 PU 2011 -015 Award Bid 11 -423 for Annual NRH20 Food Service Products to Multiple Vendors in an amount not to exceed $132,444.00 [60= all y1 Los :IW.l a101 Eels C.1 GN 2011 -0128 Public Hearina and Consideration of Ordinance Adontina Youth Proarams Standards of Care - Ordinance No. 3138 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2011 -010 Award a Professional Service Aareement to Freese and Nichols. Inc. in the amount of $136,500 for (RFQ 11 -015) Bursev Water Storage Tank Rehabilitation Proiect ( UT1101) zl =e3zll►101 .7,:1011:1kTA R F.1 GN 20111 -0129 Approval of Supplemental Aareement Amending the Professional Services Contract, with Newman, Jackson, Bieberstein, Inc. in the amount of $268,136.69, for the Little Bear Creek and Callowav Branch Trail Proiects G.0 EXECUTIVE SESSION ITEMS No items for this category :KfMI► I go] :i►►il All[ e]'II_1►1�►1:7�1�]:i H.1 Announcements - Councilman Whitson H.2 Adiournment NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 4 -25-2011 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject: Call to Order - Mayor Trevino NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 4 -25-2011 Presented by: Councilman Tim Barth Agenda No. A.1 Subject: Invocation - Councilman Barth NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 4 -25-2011 Presented by: Councilman Tim Barth Agenda No. A.2 Subject: Pledge - Councilman Barth li firAroJi NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4 -25 -2011 Presented by: Councilman Scott Turnage Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Proclamation for Motorcycle Safety and Awareness Month presented by Councilman Turnage T4Ft,H CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, today's society is finding more citizens involved in motorcycling on the roads of our country; and WHEREAS, motorcyclists are roughly unprotected and much more likely to be injured or killed in a crash than other vehicle drivers; and WHEREAS, campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and most of all fatalities, through a comprehensive approach to motorcycle safety; and WHEREAS, it is the responsibility of all who put themselves behind the wheel, to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of this country; and WHEREAS, urging all of our community to become aware of the inherent danger involved in operating a motorcycle and give the operator the respect on the road they deserve. NOW, THEREFORE, II Oscar Trevino, Mayor of the City of North (Richland Hills, Texas do hereby proclaim the month May 2011 as "MOTORCYCLE SAFETY & AWARENESS MONTH" in the City of North Richland Hills. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 25th day of April 2011. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4 -25 -2011 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 4 -25 -2011 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 4 -25-2011 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4 -25 -2011 Presented by: Agenda No. B.1 Subject: Approval of Minutes of April 11, 2011 City Council Meeting Recommendation: To approve the minutes of the April 11, 2011 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 — APRIL 11, 2011 l'lVel 1 1"1&1 ** IQ k" The City Council of the City of North Richland Hills, Texas met in work session on the 11 day of April 2011 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Ken Sapp John Lewis Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Mayor Pro Tern, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Aftorney Dana Alden Assistant to City Manager Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director Craig Hulse Economic Development Director Chris Amarante Facilities & Construction Director Gregory VanNieuwenhuize Assistant Public Works Director Chris Swartz NRH2O Park Manager Bill Thornton Assistant Parks & Recreation Director Dave Pendley Building Official Absent: Oscar Trevino Mayor Call to Order Mayor Pro Tem Sapp called the work session to order at 6 p.m. A.1 Discuss Items from Reaular Citv Council Meetina There were no questions from the Council. A.2 NRH Centre Construction Ur)date Item postponed to the April 25, 2011 work session meeting. A.3 NRH20 New Attraction and Or)erational Update Item postponed to the April 25, 2011 work session meeting. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B.1 Executive Session Pursuant to Section 551.071 Texas Government Code: Consultation with attornev to seek advice about pendina or threatened litiaation or a settlement offer B.2 Executive Session Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of property in the southern sector of the Citv Mayor Pro Tern Sapp announced at 6:02 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.071 for consultation with Attorney to seek advice about pending or threatened litigation or a settlement offer and Section 551.072 to deliberate the purchase, exchange, lease or value of property in the southern sector of the City. C.0 Adiournment Mayor Pro Tern Sapp announced at 6:50 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tem Sapp called the meeting to order April 11, 2011 at 7:00 p.m. 1 ;1914 W91A 41 Present: Ken Sapp John Lewis Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Absent: Oscar Trevino 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 Mayor A.'1 INVOCATION Councilman Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Lombard led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) PROCLAMATION FOR CHILD ABUSE PREVENTION MONTH Councilman Barth and Police Captain Bounds presented a proclamation to Nancy Hagan, Executive Director of Alliance for Children, recognizing Child Abuse Protection Month. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - NATIONAL CRIME VICTIMS' RIGHTS WEEK PROCLAMATION Councilman Welch presented a proclamation to Police Captain Rick Scott and Crime Victims Liaison Christy Garcia in recognition of National Crime Victims' Rights Week. A.5 SPECIAL PRESENTATION(S) AND RECOGNITION(S) COMMON GROUND COMMUNITY GARDEN SPECIAL RECOGNITION Mr. Geoff Sherman, Landscape Horticulturalist with the Parks and Recreation Department and Councilman Turnage recognized the Common Ground Founding Committee and the project's contributing partners and sponsors. Partners and sponsors recognized included Birdville Independent School District, Davis Memorial United Methodist Church, Alpine Materials, Home Depot Corporation, Keep NRH Beautiful Committee. A.6 CITIZENS PRESENTATION ►Cm A.7 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ►Cm B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MARCH 28, 2011 CITY COUNCIL MEETING B.2 GN 2011 -026 AMENDING RESOLUTION NO. 2011 -003 TO ESTABLISH EARLY VOTING LOCATIONS FOR MAY 14, 2011 ELECTION - RESOLUTION NO. 2011 -020 B.3 GN 2011 -027 REVISE THE FY 2010111 GAS DEVELOPMENT FUND OPERATING BUDGET FOR LAND ACQUISITION IN THE TOWN CENTER DISTRICT B.4 AP 2411 -01 CONSIDERATION OF A REQUEST FROM JOHNSON DIVERSIFIED ENTERPRISES, INC. FOR AN AMENDED PLAT OF 96 LOTS IN THE WEST HIGHTOWER PLACE ADDITION (LOCATED IN THE 6800 BLOCK OF HIGHTOWER DRIVE - 22.342 ACRES.) COUNCILMAN LOMBARD MOVED To APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION To APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA ZC 2011 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JOHN KEMP FOR A ZONING CHANGE FROM AG, AGRICULTURAL, TO R -2, SINGLE FAMILY, OF LOTS 18 & 19, THOMAS PECK SUBDIVISION (LOCATED AT 8432 FRANKLIN COURT - 0.46 ACRES.) - ORDINANCE NO. 3135 APPROVED Mayor Pro Tem Sapp opened the public hearing. Mr. John Kemp, 4905 Nevada Trail, property owner, requested approval of a zoning change from AG Agricultural to R -2 Single Family. Mr. Kemp has also submitted a replat for consideration that will be heard as a separate item later in the meeting. The replat will combine Lots 18 and 19 of the Thomas Peck Subdivision into a single lot for the construction of a single family home on the property. Mr. John Pitstick, Director of Planning and Development, presented the Staff report. The Planning and Zoning Commission recommended approval of the zoning change on March 17, 2011. Mayor Pro Tem Sapp called for comments in favor of or in opposition to the request. There being no one wishing to speak Mayor Pro Tem Sapp closed the public hearing. COUNCILMAN WELCH MOVED To APPROVE ZC 2011 -05, ORDINANCE No. 3135. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION To APPROVE CARRIED 7 -0. Councilman Welch left the Council ,Meeting at T p.m. C.2 ZC 2010 -11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DON PHIFER FOR A ZONING CHANGE FROM R -2, SINGLE FAMILY, TO PD, PLANNED DEVELOPMENT, ON TRACTS 13A1 & 1381, ABSTRACT 1209 (LOCATED AT 8700 CLAY HIBBINS ROAD - 8.001 ACRES.) — ORDINANCE NO. 3136 APPROVED Mayor Pro Tem Sapp announced that Councilman Welch would be abstaining from Item C.2. Councilman Welch is the Engineer of Record for the project. An affidavit of disqualification has been completed by Councilman 'Welch and filed with the City Secretary stating the nature of the interest was Consulting Engineer of Record for the Development of this Project. Mayor Pro Tern Sapp opened the public hearing and called on the applicant to come forward. Mr. Don Phifer, representing T. Pearl Real Estate and Mr. 'Pritesh Patel, presented a request to rezone eight acres on Clay Hibbins Road from R -2 Single Family to PD Planned Development. Mr. Patel plans to construct a large single lot estate on the property. Amenities planned for the property include a guest house, green house, large pond, and volleyball court. In the future the applicant wishes to construct the guest quarters and green house and at this time is only requesting approval to build. Architectural approval of the guest quarters and green house wily be requested later. Mr. Patel is requesting to build a Mediterranean style stucco house which does not meet the City's current masonry standards, guest quarters and needs a building height variance. John Pitstck, Director of Planning and Development, summarized the item. The applicant is requesting a zoning change from R -2 to RI -PD to allow for proposed improvements of a large Mediterranean style stucco home with a pool house, greenhouse and guest quarters. Residential Infill (RI) PD Districts are limited to residential development or redevelopment of less than ten acres and are not allowed without an approved site plan. Developments shall not vary from R -2 residential district standards unless amenities and design elements are provided in lieu of such standards and are reflected on the required site plan. The 8 acre site will be surrounded by a masonry and wrought iron screening fence with concrete and stamped concrete entryway and circle. There is an existing rock water fall that will be removed and the reduction of an existing pond adjacent to the Steeple Ridge subdivision. Because of the size of the main house and the number of multiple bedrooms (16 proposed bedrooms), staff has also requested that a maximum number of unrelated guests that would be allowed to temporarily occupy the residence be specified as part of this planned development. The applicant has stated that no more than four unrelated guests would be allowed to temporarily occupy the residential compound in compliance with the definition for family. This should clarify that the primary use is for single family occupancy with limited guest quarters. The applicant will have to comply with all improvements listed on the site plan and would not be able to make changes without a revised site plan which would require additional notifications and public hearings. Two area residents expressed concerns at the Planning & Zoning public hearing opposing the large residential compound and expressing concerns with the general upkeep of the area (high grass and weeds), the need to improve the existing deep drainage structure adjacent to Steeple Ridge and the condition of the pond. The Planning & Zoning Commission recommended approval by a 5 -0 vote. Mayor Pro Tern Sapp called for anyone wishing to speak in favor of the request to come forward. Mary Jo Ward, 8625 Saddle Ridge came forward. Ms. Ward requested clarification on landscaping being proposed on the property. Mr. Don Phifer clarified the concerns raised. Mayor Pro Tern Sapp called for anyone wishing to speak against the request to come forward. Mayor Pro Tern Sapp closed the public hearing and called for the motion. COUNCILMAN TURNAGE MOVED TO APPROVE ZC 2010 -11, ORDINANCE No. 3136. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 -1, COUNCILMAN WELCH ABSTAINING. Councilman Welch returned to the Council dais at 7:52 p.m. D.0 PLANNING & DEVELOPMENT D.1 RP 2010 -07 CONSIDERATION OF A REQUEST FROM JOHN KEMP FOR A REPLAT OF LOTS 18 & 19, INTO LOT 18 -R, THOMAS PECK SUBDIVISION (LOCATED AT 8432 FRANKLIN COURT - 0.46 ACRES.) APPROVED Mr. Pitstick, Director of Planning and Development presented the item. The applicant proposes to replat Lots 18 and 19 in the Thomas Pack Addition into a single lot. Applicant plans to construct a single family home on the replated lot. The applicant is requesting Council waive the requirement for the water main extension and be allowed to pursue tapping into the City of Keller's existing 2" water main. Staff's recommendation is to require the applicant to tie to the NRH water system. As an alternative to the applicant hiring a bonded contractor to install the new water main, the Public Works Department has provided an option that will allow the applicant to pay for materials and the Public Works Department will install the water main.. Mr. John Kemp, applicant, requested permission to use the Keller's existing water main until such time as North Richland Hills can take over and provide utilities to the citizens of Franklin Court. In response to questions from the Council regarding water service to the property, Public Works Director Curtis advised Staff feels the best approach is to begin moving toward putting in a minimum size water line and require the applicant to extend the water line to his property. Mr. Curtis advised that the 2" water line from the City of Keller was not sustainable and it was a matter of time before it would need to be replaced. The applicant is being asked to extend the water line based on existing regulations and rough proportionality. Staff's recommendation is consistent with how other development has been handled within the City. Mr. Curtis also advised that there currently would be adequate fire protection from Shady Grove Road but that the next development will not have adequate fire protection. COUNCILMAN TURNAGE MOVED TD APPROVE RP 2010 -07, ORDINANCE NO. 3 WITH THE STIPULATION THAT THE APPLICANT TIE TO THE CITY OF NORTH RICHLAND HILL'S WATER MAIN WITH THE APPLICANT PROVIDING THE MATERIALS. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Councilman Whitson Jeff the Council Meeting at 8:03 p.m. D.2 FP 2410 -03 CONSIDERATION OF A REQUEST FROM NORTHGATE CHURCH FOR A FINAL PLAT OF LOT 8, BLOCK 1, NORTH ED+GLEY ADDITION (LOCATED AT 4247 ROAD TO THE MALL - 2.993 ACRES.) APPROVED Mayor Pro Tem Sapp called on the applicant to come forward. Darrell Johnson, Director of Northgate Church, 1901 Industrial Boulevard, Colleyvi'Ile, came forward. Mr. Johnson stated that the church was moving to the City of North Richland Hills and the final plat was part of the process for developing the lot. John Pitstick, Planning and Development Director, summarized the item. The property owner, Northgate Church represented by Darrell Johnson, is requesting approval of a final plat for a 2.993 acre tract. The applicant intends to construct a church on the lot. The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that no additional public street paving, sanitary sewer or drainage facilities are needed to provide service to these lots. However, the subdivision will be required to have sidewalks installed along its frontage during the building process. Also, depending on the layout of the bui'lding's rooms, their sizes, and their uses, additional public water facilities may need to be designed and constructed by the developer. The Planning & Zoning Commission recommended approval of FP 2010 -03 by a 5 -0 vote. COUNCILMAN LOMBARD MOVED TO APPROVE FP 2010 -03. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0, COUNCILMAN WHITSON ABSENT. Councilman Whitson returned to the Council dais at 8:06 p.m. E.0 PUBLIC WORKS E.1 PW 2011 -008 AWARD A PROFESSIONAL SERVICE AGREEMENT TO TEAGUE NALL AND PERKINS, INC. IN THE AMOUNT OF $61,300 FOR (RFQ 11 -014) MEADOW CREEK ROAD AND MEADOW ROAD DRAINAGE IMPROVEMENT PROJECTS (DR1102 AND DR1103) APPROVED Jimmy Cates, Public Works Operations Manager summarized the item. The item is to consider award of a professional services contract for Meadow Creek Road and Meadow !Road drainage improvements. These two projects will consist of drainage improvements such as expanding and re- grading barrow ditches and the replacement of existing culvert pipe along both roadways. Some minor pavement improvements will also be necessary to match the re- graded barrow ditch elevations. The City requested Requests for Qualifications (RFQ's) in accordance with city policy and qualifications were received from 26 firms. The City's selections committee reviewed and evaluated the statement of qualifications and is recommending award of the professional service agreement to Teague Mall and Perkins, 'Inc. in the amount $61,340. COUNCILMAN WELCH MOVED TO APPROVE PW 2011 -008, AWARDING A PROFESSIONAL SERVICE AGREEMENT TO TEAGUE NALL AND PERKINS, INC. IN THE AMOUNT OF $61,300 FOR MEADOW CREEK ROAD AND MEADOW ROAD DRAINAGE IMPROVEMENT PROJECTS. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2011 -009 AMENDING SECTION 54 -166 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROHIBITING PARKING ON PORTIONS OF BOOTH CALLOWAY ROAD - ORDINANCE NO. 3137 APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. The Public Works Department received a letter from the North Hills Hospital Administration requesting additional no parking areas along Booth Calloway Road. The parking of cars along the west side of Booth Calloway Road is causing sight visibility problems for motorists leaving the hospital parking lot. The parked cars prevent people from seeing oncoming traffic as they pull out onto Booth Calloway Road. The limited site visibility has resulted in complaints to hospital and city staff. In order to eliminate the sight visibility problem and to prevent future parking problems, additional no parking areas are being recommended for both the east and west sides of Booth Calloway Road. Recommended no Darkina on Booth Callowav Road: • On the west side of Booth Calloway Road from the center line of Rodger Line Drive south for 800 feet to the center line of Rogan Drive and 145 feet north of Rodger Line Drive. • The 4300, 4400, 4500 and 4500 blocks on the east side of Booth Calloway Road from the intersection of Rogan Drive north to the south access road of Interstate Highway 820. COUNCILMAN TURNAGE MOVED To APPROVE ORDINANCE NO. 3137. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 PU 2011 -012 AWARD OF CONTRACT TO FORD AUDIO -VIDEO SYSTEMS, INC. IN THE AMOUNT OF $241,496 FOR THE PURCHASE AND INSTALLATION OF THE AUDIO VISUAL SYSTEM FOR NRH CENTRE APPROVED Bill Thornton, Park and Recreation Assistant Director, presented the item. Item is to consider the award of a contract for the purchase and installation of the audio visual system for NRH Centre. The Texas Procurement and Support Services (TPASS) has established, as an alternative purchasing method, the use of Texas Multiple Award Schedule (TXMAS) contracts that have been developed from contracts awarded by the federal government or any other governmental entity of any state. TXMAS has contracts in place for the design and purchase of audio visual systems and for the installation of audio visual systems and equipment. Staff and Brinkley Sargent Architects have evaluated the proposal and recommend awarding a contract to Ford Audio -Video Systems, Inc. in the amount of $241,490. COUNCILMAN LOMBARD MOVED TO APPROVE PU 2011 -012, AWARD OF CONTRACT TO FORD AUDIO - VISUAL SYSTEMS, INC IN THE AMOUNT OF $241,496, FOR THE PURCHASE AND INSTALLATION OF THE AUDIO VISUAL SYSTEM IN THE NRH CENTRE. COUNCILMAN BARTH SECONDED THE MOTION. (NOTION TO APPROVE CARRIED 7 -0. F.2 PU 2011 -013 AWARD BID # 11 -020 FOR AQUATIC CHEMICALS TO D.C.C. INC. IN AN AMOUNT NOT TO EXCEED $70,000 APPROVED Chris Swartz, NRH2O Park Manager, summarized the item. The item is to consider the award of an annual contract for aquatic chemicals for NRH20. Notice of the city's intent to bid was advertised in the local, newspaper as required by State Statute: and posted on the city's website. Notice of the city's intent to bid was sent to seven (7) vendors requesting them to participate in this bid process. The Purchasing Department only received one bid on March 10. Per policy, the bid was not opened and the due date was extended to March 17 at 10:00 A.M. Staff did not receive any further response and proceeded to open the bid submitted by D.C.C. Inc. Staff compared the new bid against 2009 and 2010 bids and recommend award to D.C.C., Inc. COUNCILMAN LEWIS MOVED TO APPROVE PU 2011 -413. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 PU 2011 -014 AWARD CONTRACT FOR RFO #11 -022 BLEACHER SHADE STRUCTURES TO USA SHADE AND FABRIC STRUCTURES, INC. IN THE AMOUNT OF $90,511 APPROVED Bill Thornton, Park and Recreation Assistant Director, summarized the item. This item is to award a contract for the fabrication and installation of shade structures over the bleachers at the baseball fields at Cross Timbers Park. This project supports the recommendation of providing shade structures throughout the park system as identified in the Parks, Recreation and Open Space Master Plan. The Local Government Purchasing Cooperative (BuyBoard) has contracts in place for shade structures and the installation for the shade structures being purchased. Staff met with vendors, some who supply material and installation of shade structures, and some who provide either only material or only installation through direct purchase on the BuyBoard. After comparing design options and the price of each proposal, staff recommends USA Shade and Fabric Structures, Inc. for the purchase of materials and installation of the shade structures at Cross Timbers Park. COUNCILMAN LOMBARD MOVED To APPROVE PU 2411 -014, AWARDING A CONTRACT FOR RFO #11 -022 BLEACHER SHADE STRUCTURES TO USA SHADE AND FABRIC STRUCTURES, INC. IN THE AMOUNT OF $90,511. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. G.O EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.O INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The Sounds of Spring Concert Series will be held each Friday from April 15th through May 6th at NRH2O Family Water Park. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring your lawn chairs. For more information, call 817 - 427 -6600 or visit www.soundsnrh.com. On Saturday, April 16th, residents can get rid of unwanted bulky items during the annual Spring Community Cleanup. Items can be dropped off from 9 a.m. to noon in Parking Lot E at the Tarrant County College Northeast Campus located at 828 Harwood Road. Proof of residency must be presented. For more details, please call 817- 427 - 6663. The NRH Youth Advisory Committee is hosting a Dog Show on May 1st at Tipps Canine Hollow Dog Parr. Several contests will be held including Best Small Dog, Best Large Dog, Best Costume, Best Trick, Most Unusual and more. Registration forms are available at the Animal Adoption & Rescue Center, City Hall and the Library. Registration forms can also be downloaded from the city's website at nrhtx.com. The entry fee is $5 per category or $10 for 3 categories. All proceeds will go to the Animal Adoption & Rescue Center. Kudos Korner - Troy Mars, Ryan King, Darren Lance, Casey Kirkpatrick and Richie Whitt, Fire Department. A card was received from a resident thanking this crew for their outstanding response to her 911 call. The resident needed assistance because her mother had fallen and broken her wrist and hip. "Everyone showed exceptional care and compassion and we are so grateful for your help," the resident stated. H.2 ADJOURNMENT Mayor Pro Tem Sapp adjourned the meeting at 8:24 p.m. Ken Sapp — Mayor Pro Tem Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: (Finance Council Meeting Date: 4 -25-2011 Presented by: Larry Koonce Agenda No. B.2 Subject: PU 2011 -011 Authorize Inter -local Purchasing Agreement with the City of Grapevine Summarv: This item is a request for Council approval of an inter -local purchasing agreement with the City of Grapevine. General Descrir)tion: The City of Grapevine is requesting to enter into an inter -local purchasing agreement for the purchase of goods and services from vendors selected through the competitive bidding process. The City of Grapevine is interested in purchasing from the City of North Richland Hills current contract (10 -042) for fire fighting clothes /bunker gear. Council has authorized several of these inter -local agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and/or services. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Grapevine may change or cancel the agreement with a 30 -day written notice. North Richland Hills currently participates in inter -local agreements with several local governments. Some of the agreements are with the City of Cedar Hill for the purchase of EMS medical supplies, Tarrant County for the purchase of road materials and the City of Hurst for the purchase of auto parts. Recommendation: Authorize an inter -local agreement with the City of Grapevine. I NIT ERLOCAL AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND GRAPEVINE This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH and the City of Grapevine, hereinafter referred to as "Grapevine ". Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Article 44113 (32c) Vernon's Annotated Texas Statutes) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and Grapevine desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: NORTH RICHLAND HILLS 1. NRH shall be allowed to purchase goods and services from vendors who have been selected by Grapevine through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. NRH shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. NRH shall give a 30 -day written notification to all participating agencies of any change or cancellation of participation. 4. The Purchasing Agent, shall be designated as the official representative to act for NiRH all matters relating to this cooperative purchasing agreement. CITY OF GRAPEVINE 1, Grapevine shall be allowed to purchase goads and services from vendors who have been selected by NRH through the competitive bidding process of NRH. Grapevine will place orders directly with and pay directly to the selected vendor for goads and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. Grapevine shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3, Grapevine shall give a 30 -day written notification to a participating agency of any change or cancellation of participation. 4. The Purchasing Agent, shall be designated as the official representative to act for Grapevine in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers, C'lTY OF NORTH RICHLAND HILLS BY: City Manager DATE: ATTEST: City Secretary APPROVED AS TO FORM: Attorney for the City CITY OF GRAPEVINE By: City Manager — City of Grapevine DATE: ATTEST: City _ eoretary — City UArapevine APPROVED AS TO FORM: �7 Attorney for the City 1.T F +•. lift W � � CITY OF NORTH RICHLAND HILLS Department: (Finance Presented by: Bryon Bustamante Council Meeting Date: 4 -25 -2011 Agenda No. B.3 Subject: PU 2011 -015 Award Bid 11 -023 for Annual NRH2O Food Service Products to Multiple Vendors in an amount not to exceed $132,000.04 Summary This item is to award Bid 11 -023 NRH2O Food Services Products for the 2011 season annual contract to multiple vendors. The annual contract will cover a five (5) month period (May 1 through Sept 30). General Description Bidders were requested to submit prices on a list of specific food items as well as specific brands that were high volume over the past year. Evaluation factors included brand of food item offered, price, quality, and customer service response and will be awarded by section as indicated in the bid specification. Even though the contract will be awarded by section, since the total will exceed $50,000 we are recommending this contract be approved by the City Council. Twenty eight vendors were contacted and requested to participate in this process. Bid specifications were viewed on the City Purchasing Website by nineteen (19) additional vendors. Eight (8) bids were received from the following firms: Ben E. Keith Flowers Baking Co Blue Bell Texas Beverage C. D. Hartnett Texas Twist Empire Paper Yumi Ice Cream Section A — Meats to be awarded to C. D. Hartnett Section B - Pizza will not be awarded Section C — Fried Foods to be awarded to C. D. Hartnett Section D -Nachos to be awarded to Texas Beverage Supply Section E - Condiments to be awarded to C. D. Hartnett Section F - Bread to be awarded to Flowers Baking Co Section G - Misc. Foods to be awarded to C. D. Hartnett Section H — Dessert Toppings to be awarded to C. D. Hartnett Section I — Cotton Candy /Kettle Korn will not be awarded Section J — Specialty Snack section will be awarded to Texas Twist Section K — Cookies will not be awarded Section L — Chips to be awarded to C. D. Hartnett Section M — Novelty Ice Cream to be awarded to Blue Bell Section N — Cleaning Products to be awarded to C. D. Hartnett Section 0 — Dry Good /Paper Products to be awarded to C. D. Hartnett The sections not awarded are for low volume items and can be purchased from a multitude of vendors at reasonable costs. CD Hartnett, who will be providing the majority of the items, has a history of providing good reliable service to NRH20 over the past several years. The remaining vendors have also provided good service to the Park for various commodities. Recommendation: To Award Bid 11 -023 for Annual NRH2O Food Service Products to Multiple Vendors in an amount not to exceed $132,000.00 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 4 -25 -2011 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Ron Newman Council Meeting Date: 4 -25 -2011 Agenda No. C.1 Subject: GN 2011 -028 Public Hearing and Consideration of Ordinance Adopting Youth Programs Standards of Care - Ordinance No. 3138 Summarv: The Parks and Recreation Department is requesting City Council approval of an ordinance adopting the North Richland Hills Youth Programs Standards of Care. Adopted standards are a Texas Department of Family and Protective Services requirement for an exempt status from day care Licensing. A public hearing is required for adoption of the ordinance. The public hearing and adoption of the ordinance may occur on the same day. General Description: The Recreation Center offers day camp programs for children ages five to thirteen. The Texas Legislature requires municipal day camp youth programs for elementary age children to meet day care licensing requirements or file for an exemption (Section 42.041(b)(14) of the Child Care Standards and Regulations of the Texas Human Resources Code). To receive exempt status, a municipality must submit a coDV of Droaram standards, a notice of a Dublic hearina for the proaram and a coDV of the ordinance adoptina the standards. The Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the City of North Richland Hills Parks and Recreation Department, allowing the department to qualify for an exemption from the requirements of the Texas Child Care Standards and Regulations within the Texas Human Resources Code. The City of North Richland Hills day camp program meets and in some areas exceeds many of the standards listed in the state's Child Care Standards and Regulations. The Standards of Care will be provided to the parents of each program participant and shall include, at a minimum, the following areas: ■ Minimum requirements for staffing ratios • Staff qualifications and essential job functions • Facility, health and safety standards • Procedures for reporting child abuse /neglect allegations • Written procedures stating that parents and each staff member will be provided a set of standards • Contact information of department supervisors for the purpose of complaint notification and resolution regarding the recreational program • Written procedures for staff who will be monitoring the programs and enforcing the standards • Requirement of criminal background checks on prospective day camp employees • Service standards for communicating with parents and performance expectations of day camp employees • Behavior management and discipline procedures • General rules and regulations Other municipalities throughout the D W metroplex have similar standards of care adoption processes as required by law, whereas some have no formal adoption process at all. The application for exemption determination and the formal adoption of the Youth Programs Standards of Care and ordinance is an annual requirement so that the Standards of Care can be revised as needed to reflect current regulations and policy changes. This is the seventh year for the formal adoption process. It is suggested that the public hearing be held, input received, and then consider action to approve. Recommendation: To approve Ordinance No. 3138 NfkH ORDINANCE NO. 3138 AN ORDINANCE READOPTING SECTION 62-10 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCE AND READOPTING THE CITY OF NORTH RICHLAND HILLS YOUTH PROGRAMS STANDARDS OF CARE, FOLLOWING A PUBLIC HEARING. WHEREAS, the Human Resources Code; Section 42.041(b)(14), established requirements for exempting recreational programs operated by municipalities for elementary age (5 -13) children from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreational program, a municipality must adopt standards of care by ordinance after a public hearing for the program and a copy of the ordinance adopting the standards forwarded to the State; and WHEREAS, the City of North Richland Hills Youth Programs Standard of Care will provide basic child care regulations for day camp activities operated by Parks and Recreation and other departments in accordance with Section 42.041(b)(14) of the Human Resources Code: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Sec. 62 -10 of the North Richland Hills Code of Ordinances is hereby readopted as follows "SEC/62-10 YOUTH PROGRAMS STANDARDS OF CARE The City Council of the City of North Richland Hills hereby adopted the City of North Richland Hills Youth Programs Standards of Care for providing basic child care regulations for day camp activities operated by the Parks and Recreation Department as well as other departments. As required by Section 42.041(b)(14) of the Human Resources Code, the Standards adopted by this ordinance include staffing ratios; minimum staff qualifications; minimum facility, health, and safety standards; and mechanisms for monitoring and enforcing the adopted local standards. A substantial copy of the City of North Richland Hills Youth Programs Standards of Care is attached hereto and incorporated herein for all intents and purposes and shall be available on the City's website under the Parks and Recreation subhead." SECTION 2. This ordinance shall be in full force and effective immediately upon passage. PASSED AND APPROVED on this the 25th day of April, 2011. ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 1,1, ;j:;18]►1=I Iffiv r 11911;101;16 IFA L , I IIII I xe7,141 i a George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Managing Director of Community Services City of North Richland Hills Parks and Recreation Department Youth Programs Standards of Care rc1:11►1 :110A01►1 &1Vai fill r ED] 2FMA Q ►Till'r16-3r:7,rdC +7► Purpose: To provide basic childcare regulations for activities operated by the North Richland Hills Parks and Recreation Department. This will allow the department to qualify as exempt from requirements of the Texas Human Resources Code. A. Organization: 1. The governing body of the City of North Richland Hills Youth Programs is the City of North Richland Hills City Council. 2. Implementation of the Youth Programs Standards of Care is the responsibiility of the Assistant Director of Recreation and Recreation Division Staff. 3. The Youth Programs Standards of Care will apply to several day camp programs which are conducted by the North Richland Hills Parks and Recreation Department throughout the year. 4. Each Youth Program site will have available for public and staff a current copy of the Standards of Care. 5. Parents of participants will be provided a current copy of the Standards of Care during the registration process. B. Implementation: The Standards of Care Program will be the responsibility of the Parks and Recreation Department, with the Youth Program Coordinator overseeing the overall program and the Day Camp Director administering the program on -site. Programs: Regulations apply to these on -going programs: Winter Break Camp Spring Break Camp Summer Day Camp Falll Break Camp Sports and Art Camps Summer Public Safety Camps Other: Each camp will make available for public and staff a current copy of the Standards of Care. Parents of participants will be provided a copy of the Standards of Care during the registration process and the Camp NRH parent orientation prior to camp starting each year. Program Sites: NRH Recreation Center 6720 N.E. Loop 820 NRH Police Department 7301 N.E. Loop 820 C. Day Damp Objectives: 1. To provide youth with the opportunity to experience a variety of recreational activities which include sports, games, arts and crafts, education, drama, special events, field trips, tournaments, etc. 2. To provide an encouraging atmosphere emphasizing positive development of physical skills, emotional growth and self- confidence. 3. To provide a safe environment; always promoting good health and welfare for all. 4. To teach children how to spend their leisure time wisely; in an effort to meet the emotional, physical, and social needs of the child. D. Exemption Status: Once an exempt status is established, the Licensing Division will not monitor the recreational program. The Licensing Division will be responsible for investigating complaints of unlicensed child care and for referring other complaints to the municipal authorities or, in the case of abuse /neglect allegation, to the local police authorities. E. Standards of Care Review: Standards will be reviewed annually and brought to the City Council for approval after a public hearing is held to pass an ordinance regarding section 42.041(b)(14) of the Texas Human Resources Code. Childcare Licensing will not regulate these programs nor be involved in any complaint investigation related to the program. Any parent, visitor or staff may register a complaint by contacting the North Richland Hills Recreation Center Manager at 817 - 427 -6600 or the Parks and Recreation Administrative Offices at 817- 427 -6620, Monday through Friday, 8:00 a.m. - 5:00 p.m. II. STAFFING A. Day Camp Director — The Day Camp Director directs a staff of 9 day camp counselors and supervises the activities of children in a day camp setting. 1. Essential Job Functions: a.) Direct and supervise all counselors including hiring and training. b.) Complete and submit proper records including camp schedules, counselor work schedules, payroll, accident/incident reports and attendance. c.) Develop age appropriate camp curriculum (6 -12 years) in accordance with the philosophy of the program. d.) Ensure staff is committed to following established guidelines, procedures and standards. e.) Maintain an orderly, clean and safe environment for the children while promoting a non- competitive program directed toward accentuating positive behaviors, physical development and emotional growth. f.) Develop and distribute a weekly schedule of activities. g.) Complete facility reservations and transportation needs for all camp activities. h.) Schedule, confirm, obtain and distribute payment for all field trips. i.) Maintain supplies, equipment and all necessary documentation for the operation of the camp. j.) Communicate to parents about camper's progress and activities. k.) Conduct on -going program evaluations implementing approved recommendations as needed. I.) Provide reports to the Youth Program Coordinator on a weekly basis to monitor camp activities throughout the program. 2. Qualifications„ a.) Bachelor's Degree in Education or Recreation is preferred but not required. b.) A minimum of three years experience as a camp counselor and/or educator. c.) Requires a valid Texas driver's license with a good driving record over the last three years. d.) Must pass city criminal background check prior to hiring. e.) Must pass pre - employment drug screen and /or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Requirements of Work: a.) Director must complete the mandatory staff training program of at least 20 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, training and examination program on sexual abuse and child molestation, as well as practical skills on activities for children in games, songs and crafts. b.) Ability to be physically active and involved with children all day. c.) Ability to lift 55 pounds. d.) Knowledge of child development and age appropriate activities. e.) Advanced organizational and communication skills. f.) Team leadership abilities. g.) Varied experience in a variety of activities including sports, arts, nature, drama and cooperative activities. B. Day Camp Counselor — The Day Camp Counselor is responsible for direct leadership of youth ages 6 -12 in a variety of activities including, but not limited to games, sports, crafts, special events and field trips. The counselor assists in planning and organization of camp schedules, activities, supplies and equipment, and is also responsible for cleanliness of the areas used by camp participants. The counselor positions are also responsible for completing necessary forms relating to attendance, check -in /check -out procedures, accidents, and incidents. 1. Essential Job Functions: a.) Promote a non - competitive, positive, self - image enhancing environment for each participant through the direction of non- competitive, fun, varied and well organized activities. b.) Directly lead activities using a method that will provide opportunity for the involvement of all children on an equal level. The Counselor prepares, in advance, directions for activities, daily schedules and required equipment used during the activities. c.) Exhibit enthusiasm for the activity to impart a feeling of excitement to camp participants. d.) Follow procedures for camper check-in/check-out. Reports accidents /incidents, behavioral modifications and camp schedules. e.) Fallow guidelines for safety and storage of equipment, including inventory of supplies. f.) Ensure safety of youth during transportation while on field trips. g.) Provide and adhere to established guidelines set forth for the safety, behavior, communication and discipline of the camp participants. h.) Recognize and reward positive, improved and outstanding behavior and/or accomplishments of camp participants. 2. Minimum Qualifications: a.) High school diploma with two years of college preferred. b.) One year experience working with children in a day camp setting. c.) A valid Texas driver's license with a good driving record over the last three years. d.) Must pass criminal background check prior to hiring. e.) Must pass pre- employment drug screen and /or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Other Requirements: a.) Staff must complete the mandatory staff training program of at least 20 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, training and examination program on sexual abuse and child molestation, as well as practical skills on activities for children in games, songs and crafts. b.) Staff must exhibit competency, good judgment and self control throughout the duration of the camp. c.) Staff should relate to the children with courtesy, respect, acceptance and patience. d.) Staff will be evaluated at least once during the summer prior to the completion of camp. Evaluations will be reviewed with the camp counselors to discuss any areas of improvement or suggestions. 4. Criminal Background Checks: Criminal background checks will be conducted on prospective day camp employees. Applicants may be disqualified if they have a job related criminal conviction. A prospective employee will be subject to a pre - employment drug test and/or physical prior to hiring. 5. Staffing Ratios: The state required ratio for number of children (ages 5- 13) may not exceed 15:1 children to staff. Camp NRH Day Camp maintains 12:1 children (ages 6 -12) to staff ratio. On all field trips Camp NRH Day Camp maintains 6:1 children to staff ratio. III. FACILITY STANDARDS A. Emergency evacuation and relocation plans will be posted at each facility. Program employees will inspect sites frequently for any sanitation or safety concerns. Those concerns should be passed on to the Program Coordinator or Recreation Center Manager immediately. B. Each camp must have a fully stocked first aid kit. This shall be checked and stocked on a weekly basis by the Program Coordinator. It shall include bandages and Band -Aids, first aid cream, rubber gloves, Neosporin, alcohol wipes, hot/cold packs, gauze, syrup of Ipecac, tweezers and scissors. C. In a situation where evacuation is necessary, the first priority of staff is to make sure all participants are in a safe location. Program sites will be inspected by the Fire Marshall annually. Each Facility Manager is responsible for compliance with Fire Marshall's directives. The recommended number of fire extinguishers shall be inspected quarterly and available and "primed" for use. Fire drills should be conducted once a month during the summer camp. D. Medication will only be administered with written parent consent completed on the registration form provided by the City of North Richland Hills. Prescription medications shall be left with staff in their original container, labeled with the child's name, date, directions, photo of the child and the child's physician's name. Medication will be logged into the Medication Log Book. Medication shall be dispensed only as stated on the bottle unless directed otherwise by parent/guardian or physician, and not past the expiration date. E. Non - prescription medicine with the child's name and date on the medication may be brought if in the original container. This medication will also be logged in the Medication Log Book and be dispensed only as stated on the bottle unless directed otherwise by parent/guardian or physician. F. Each indoor site shall have adequate indoor toilets and lavatories located such that children can use them independently and program staff can supervise as needed. There shall be one flush toilet per 30 children. Outdoor sites shall provide portable toilets based on number of children attending each day. Sinks shall be provided based on 1 sink per 30 children. G. All participants must wear tennis shoes daily. Sandals will not be allowed. IV. SERVICE STANDARDS —Day Camp Staff A. This information will be provided to each staff member as a part of the day camp staff manual: 1. Appropriate shirts, shorts and tennis shoes are to be worn at all times. Camp NRH staff shirts are to be worn on the designated days. Staff shirts should always be tucked in. No tube tops allowed. Shorts should be at a respectable length, no cut - offs. No clothing should bear any inappropriate logos, phrases, or pictures. Any staff member, who does not adhere to the dress code, will be sent home for the day without pay. 2. Staff will be provided with two collared shirts and two Camp NRH T- shirts. Uniform schedules will be given to staff during training and should be followed throughout the summer. Any deviation must be approved by the Youth Program Coordinator. 3. Only one -piece bathing suits may be worn when visiting NRH20. 4. Name tags /las should be worn and clearly visible at all times. 5. Camp participants and parents will be treated with respect at all times. 6. Camp staff will take it upon themselves to resolve complaints. Do not refer the customer to another staff member, unless necessary. If you are unable to resolve the complaint on the spot, take the customer's name and phone number, investigate the complaint and follow up with the customer. All complaints should be recorded (problem and resolution) on a Customer Comment Form provided by the Youth Program Coordinator. 7. Camp staff will keep parents informed of camp activities. A weekly schedule will be distributed one week in advance and extra copies will be kept with the daily sign in log. In addition to hard copies of the weekly schedule parents will be notified of changes to the schedule via email correspondence. Camp staff will note details of behavior of campers (accomplishments, discipline problems, general activities, etc.) in the daily campers log and verbally update parents as much as possible. 8. Camp staff will monitor the check -in /check -out log at all times. 9. Camp staff will clean program areas after each activity. Floors will be swept/vacuumed, mirrors cleaned, and supplies put away. This is extremely important due to the fact that rooms are used throughout the day by other groups. 10. Camp staff will spend the majority of their time actively involved with campers and/or parents. Camp staff will check all messages for the day, prior to beginning any camp activities. VI. OPERATIONAL ISSUES A. Emergency phone numbers are kept at the Recreation Center front desk, as well as with the Day Camp Director on field trips. Those numbers include fire, police, and ambulance services. B. The Day Camp Manual is provided to every staff member and outlines the following: 1. Behavior Management and Discipline Procedures 2. Rules and Regulations 3. Forms 4. Service Standards 5. Game /Activity Leadership 6. Guidelines for Communication with children and parents C. Check -in /check -out forms will be used every day. Only adults listed on the camper's release form will be allowed to pick up children. The authorized parent /guardian must enter the building and sign the check -out form in order for staff to release the child. D. Emergency evacuation and relocation plans will be posted at each facility. E. Transportation Reauirements A Texas state law adopted for child safety seats; specifically booster seats went into effect on September 1, 2009. This law applies to children under the age of 8 and under 4'9" tall. This law will apply to Camp NRH participants between the ages of 6 -7 years old. The law states: • Once a child reaches eight (8) years old, they are not legally required to be in a child safety seat system. • If the child is younger than eight years old, BUT they are already 4'9" tall, they are not legally required to be in a child safety seat system. • If a child is eight years old or older; and not yet 4'9" tall, they are not legally required to be in a child safety seat system. • The law requires that safety and booster seats be installed and used according to the manufacturer's instructions, including age, height and weight requirements and the placement in the vehicle. In compliance with this law, parents will be required to provide a booster seat for their child if that child is under 8 years old and measures less than 4'9 ". This requirement will be sent to parents via letter and email ;prior to May 1 of each camp year. Camp NRH will have five booster seats on -site for transportation services required for field trips and other Camp NRH activities in the event that a camper forgets to bring their booster seat with them to camp. Camp NRH staff will be trained to identify children that are required to be in a booster based on birth date of camper identifying the legal age of the child and by utilizing a height measuring tool. In addition, staff will be trained by City of North. Richland Hills Police Department officers on how to properly install a child safety seat. Coordination of this training will be scheduled and confirmed by the Youth Program Coordinator who oversees Camp NRH. F. Parents will be notified regarding planned field trips and provided the required release forms. Enrollment information will be kept and maintained on each vehicle while traveling to and from field trip sites. G. Enrollment information will be kept and maintained on each child and shall include: 1. Child's name, birth date, home address, home telephone number, physician's phone number and address and phone numbers where parents may be reached during the day. 2. dame, driver's license number and telephone number of persons to whom the child can be released. 3. Field trip release form as needed. 4. Liability waiver. 5. Parental consent to administer medication, medical information and release on participant. H. Staff shall immediately notify the parent or other person authorized by the parent when the child is injured or has been involved in any situation which placed the child at risk. The Youth Program Coordinator shall notify the parents /guardians of participants' if /when there is an outbreak of a communicable disease in the facility as required by the County Department of Health. Staff must notify parents of children in a group when there is an outbreak of lice or other infestation in the group. VII. BEHAVIOR MANAGEMENT AND DISCIPLINE PROCEDURES A. Program employees will implement discipline and guidance in a consistent manner based on an understanding of individual needs and development with the best interests of program participants in mind. B. There will be no harsh, cruel, or corporal punishment used as a method of discipline. C. Program employees may use brief, supervised separation from the group if necessary. Children will be aware of all camp rules prior to the start of any activity. Their understanding of the rules is an integral part of behavior management. When negative behavior occurs they will know there is a consequence for their chosen action. D. Incident reports will be filled out on any disciplinary cases, and information is to be shared with parents when picking up the child (or sooner when extreme cases occur). Parents will be asked to sign the incident reports to indicate they have been advised about specific problems and/or negative behaviors. F. A sufficient number and/or severe nature of discipline reports as detailed in the program manual may result in a participant being suspended from the program. Parents /guardians will be contacted to pick up their child immediately. G. In instances where there is danger including physical harm or threat of physical harm to participants, staff, or themselves; the offending participant(s) will be removed from the program immediately. Parents /guardians will be contacted to pick up their child immediately. VIII. ILLNESS OR INJURY A. Participants shall have and maintain immunizations in accordance with those required by the Texas Department of Health for public school attendance according to age. B. Parents shall be notified in cases of illness or injury. C. An ill child will not be allowed to participate if the child is suspected of having a temperature and/or accompanied by behavior changes or other signs or symptoms until a medical evaluation indicates that the child can be included in the activities. In the event an injury cannot be remedied through basic first aid, staff shall notify emergency personnel. D. When an injury occurs, an incident report shall be filled out immediately after the incident, with the original sent to the Recreation Center Manager's office with a copy kept in the Day Camp files. E. In the event of suspected abuse, program employees will report suspected abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be immediately reported to the Assistant Director of Recreation. The Assistant Director will immediately notify the Police Department and any other agency as may be appropriate. F. Texas state law requires the staff of youth programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1 -800- 252 -5400. IX. GENERAL GUIDELINES FOR CHILDREN A. As a part of the Day Camp Manual, staff should be given the following information: 1. A child is not allowed to use the phone unless it is an emergency. In this case, Day Camp staff should make the call for the child. 2. Children must stay off tables, counter tops, ping pong tables, etc. 3. Children should walk in the building. Running is only permitted in the gym - 4. Bouncing and throwing balls is permitted only in the gym or designated game area with direct supervision from staff. 5. Active games using equipment that can cause damage to window, shades, lights, and ceilings must be played only in the gym or outdoors. 6. Children must respect staff and each other. 7. Children must wear shoes at all times. 8. Children must be contained and not allowed to filter in the general public. You must know where each child is at all times. B. The program will provide activities for each group according to the participants' ages, interests and abilities. The activities should be flexible and promote social and educational advancement. 1. A weekly calendar of activities will be posted for parents the Friday prior to the next week of camp. 2. When taking field trips, staff will: a.) Count everyone before they leave the program site as well as prior to leaving the field trip site. b.) Carry medical information on each child and necessary medication with them on the trip. c.) Carry a first aid kit and mobile phone in all vehicles and while on- site. d.) All participants are required to wear wristbands that have Camp NRH and Recreation Center phone number inscribed on them. Participants are also encouraged to wear camp shirts so that children are easily identified. X. MONITORING AND ENFORCEMENT A. Standards of Care established by the City of North Richland Hills will be monitored and enforced by City Departments responsible for their respective areas. Health and safety standards will be monitored and enforced by the City's Police, Fire, and Consumer Health Departments when applicable. B. Staff and program issues will be monitored and enforced by the North Richland Hills Parks and Recreation Department. The Recreation Center Manager shall visit each site on a bi- weekly basis. The Youth Program Coordinator is responsible for visually checking the camp activities on a daily basis. When not available, another full -time staff person is responsible for that check. C. Monthly reporting by the Youth Program Coordinator to the Recreation Center Manager will include a review of adherence to the Standards of Care as well as operational summaries of the programming month. For further information regarding the Youth ,Program Standards of Care or any other information about the youth programs offered through the City of North Richland Hills Parks and Recreation Department please contact the Recreation Center Manager or Youth Program Coordinator at 817 - 427 -6600 or email NRHPARD dMrhtx.com. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 4 -25-2011 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 4 -25 -2011 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council (Meeting Date: 4 -25 -2011 Presented by: ,Jimmy Cates Agenda No. E.1 Subject: PW 2011 -014 Award a Professional Service Agreement to Freese and Nichols, Inc. in the amount of $136,500 for (RFQ 11 -015) Bursey Water Storage Tank Rehabilitation Project (UT1101) Summarv: Council is being asked to award a professional services contract for the Capital Improvements Project (CIP) identified as "Bursey Water Storage Tank Rehabilitation" (UT1101). Council approved $150,000 for the design improvements in the Capital Improvement Project Budget for FY 201012011. General Descriration: This project will consist of refurbishing the interior and exterior portions of the 2 million gallons (MG) elevated water storage tank located on Bursey Road. Attached is a map of the project location. The primary purpose of the project is to ensure a safe drinking water supply for the city and to be in compliance of all Texas Commission on Environmental Quality "TCEQ" regulations concerning potable water storage tanks. Because of the corrosive environment of water storage tanks, several repairs are necessary for this water tank. Internal structural repairs will need to be made along with some minor repairs such as replacing access hatches, ventilation equipment, and security related items. The elevated storage tank will also have the existing paint coat removed on the outside and inside and be repainted to meet city and TCEQ specifications. Staff followed the city's policy for procuring professional services for the design of this project. Requests for Qualifications (RFQ 11- 015) were advertised and sent to local engineering firms, 8 firms responded by submitting Statements of Qualifications (SQQ's) to the city. The selection committee reviewed the SOQ's and shortlisted four firms to interview as noted below. • Birkhoff, Hendricks & Carter, LLP • Freese and Nichols, Inc. • Brown & Gay Engineers • Arcadis U S The committee unanimously selected Freese and Nichols as the top firm for the engineering design work on the project. Freese and Nichols is an industry leader in both new tank and tank rehabilitation design and was the recipient of the 2010 Malcolm Baldrige National Quality Award for excellence in organizational performances. During the past 10 years, a total of 15 water storage tank projects have been completed by Freese and Nichols including two water storage tanks in the City of North Richland Hills. For the Bursey water storage tank project, Freese and Nichols have put together a team comprised of engineers with over 20 years of experience in the design and rehabilitation of elevated water storage tanks. Freese and Nichols is also familiar with the city's water distribution system and have completed projects for the city in the past. Their design work has been exceptional and they have met staff's expectations on all projects with the city. The scope of work for this project is outlined in the engineering agreement in Article I (Basic Services). Listed below is a summary of the key items identified in the scope of work 1 . Design Phase — Perform detailed tank inspection of the elevated tank that will provide an inventory of existing structural and coating defects. Evaluate onsite electrical and mechanical equipment inside the tank structure and design for replacement. Evaluate all safety features used with the tank. Coordinate and evaluate paint coatings for tank. Evaluate water mixing system options to improve water quality. Consult and evaluate the city's water system model for recommendation of a timeline for taking the tank out of service with the least impact to residents. Prepare plan specifications for city approval. 2. Bid or Negotiation Phase — Assist the city with securing bids. Review qualifications of potential bidders. Assist the city with a pre -bid conference. Prepare construction and contract documents. 3. Construction Phase — Assist in conducting pre - construction conferences. Establish and maintain a project documentation system. Monitor the process and scheduling of the work of the contractor. Review payment requests and make up to 6 site visits to provide quality control and assurance that all work is being done to meet specifications. Provide record drawings for all completed work. The schedule for the work is as follows: Activity Design Phase Advertise Bid /Award Rehabilitation of Tank Completion Date November 1, 2011 December 1, 2011 May 30, 2012 The Public Works Department negotiated compensation for the Basic Engineering Services (Design, Bid, and Construction Phases) for a fee of $136,500. The design budget for the project is $150,000 so sufficient funds are available. Recommendation: To Award a Professional Service Agreement to Freese and Nichols, Inc. in the amount of $136,500 for (RFQ 11 -015) Bursey Water Storage Tank Rehabilitation Project (UT1101). Bursey Water Storage Tank April 8, 2011 Jimmy Cates Public Works Operations Manager City of North Richland Hills North Richland Hills Service Center 7200 A Dick Fisher S North Richland Hills, TX 76180 RE; North Richland Hills 2.0 MG Bursey Tank Rehabilitation Project Proposal Dear Jimmy, We are pleased to submit our engineering services contract proposal for the rehabilitation of the North Richland Hills 2.0 MG Bursey Tank. We have prepared the contract based on our latest scoping meeting with you and Alan Knapp, and based on a site visit to the Bursey Tank site last week with Joe Miles. The overall contract fee we are proposing Is $136,500 for this project, with a fee breakdown provided below: • Basic Services and Plan Preparation - $84,700 • Electrical Design and Rehab - $21,000 + Water Modeling - $9,500 • General Expenses - $7,200 • Initial Tank Inspection - $5,540 Site Survey - $4,500 Irrieation and Landscanin2 - 54,000 $136,500 Please review the contract and let us know if you have any questions or comments. We are confident that we will be able to start this project just as soon as we receive City approval on this contract provided today. Once again, thank you for the opportunity to submit our proposal for the Bursey Tank rehabilitation project and we look forward to working with you and the City in the future. Sincerely, U�7 r Daniel A. Tramper Cc: Thomas Haster and Ran King - FNI Rev. 06710 STATE OF TEXAS COUNTY OF TARRANT AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is entered into by the City ofNorth Ricbland Hills, hereinafter called "OWNER" and Freese and Nichols, Inc,, hereinafter called "FNI," In consideration of the AGREEMENTS herein, the parties agree as follows: I. EMPLOYMENT OF FNI: In accordance with the terms of thisAGREEMENT: OWNER agues to employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER agrees to pay to FNI compensation. The Project is described as follows: Engineering services associated with the Bursey 2,4 MG Elevated Storage Tank Renovation and Recoating project. II, SCOPE OF SERVICES; FNI shall render professional services in connection with Project asset forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. III. COMPENSATION; OWNER agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment C0 - Compensation which is attached hercto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in the "Scope of Services" for a not to exceed fee of One Hundred Thirty Six Thousand Five Hundred Dollars ($136,500.00). Details concerning the fee are included in Attachment CO. If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than 60 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. IV. TERMS AND CONDITIONS OFAGREEMENT. The Terms and Conditions ofAgreernent as set forth as Attachment TC shalI govern the relationship between the OWNER and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to thisAGREEMENT will be for the sole and exclusive benefit of OWNER. and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed thisAGREEMENT, the day of 1 2011. ATTEST: ATTEST: City of North Richland Hills (OWNER) By: Print or Type Name and Title. Freese and Nichols, Inc. (FNI) By: a A a , I 9019 Kvt . ppXn Print or Type Name and Title L:tResources' cbs1h'VRHOursey Tank Renovation ARTICLE I ATTACHMENT SC BASIC SERVICES; FNI shall render the following professional services in connection with the development of the Project: A, DESIGN PHASE: FNI shall provide professional services in this phase as follows: I. Attend one (1) kickoffmccting with the Owner, and the tank inspection consultant to discuss the scope, schedule, and budget of the project 2. Perform a detailed topographic survey of the Bursey Tank site, including property comers and luxes, surface features, one foot contours, tree areas, fencing, existing driveway, franchise utilities, existing water lines and valves, drainage inlets or grates, and above and below ground structures onsite. 3. Perform a detailed tank inspection by the tank inspector hired by FNI, and prepare a detailed report and photographs of the existing tank. Provide an inventory of existing structural and coating defects of the Bursey Tank, including a description of the locations of recommended structural repairs. Provide a list of alterations to existing appurtenances and additional appurtenances needed to bring the Bursey Tank into compliance with current TCEQ and AWWA 17 -100 requirements. Perform tests for determining if there is lead in the existing paint on the tank by tank inspector 4. Evaluate existing onsite electrical and mechanical equipment inside of tank riser column and replace as necessary. Evaluate lighting inside tank and along tank ladders within pedestal. Evaluate existing on site SCADA and instrumentation equipment, and update as necessary. Evaluate onsite electrical appurtenances for updating to current codes. Evaluate the need for the existing Cathodic Protection System onsite and provide Owner with options for keeping or removing the unit onsite. 5. Evaluate tank safety climb device along existing ladders inside tank pedestal and tank bowl and recommend safety climb options to the Owner according to OSHA requirements for safety onsite. b. Evaluate options for adding a platform landing within the tank bowl for a resting area while climbing; ladder to take pictures within the tank bowl for yearly visual tank inspections. 7. Attend one (1) review meeting with the Owner to go over the flank. Inspection Report and potential structural repairs for the Burley Tank. 8. Coordinate with onsite cell phone companies for take down and replacement of the existing and proposed cell phone antennas and cables during tangs painting and construction, Coordinate with Clearwire, AT &T, and T= Mobile and review their contracts with the City for scope coordination with the Bursey Tank improvements. 9. Coordinate schedules for the take down and replacement of the City's existing emergency response repeater antenna(s) on top of the tank bowl. 10. Coordinate and evaluate tank coating options with paint manufacturers and present coating options with costs to the Owner for their review during design. 1 l . Prepare landscaping and irrigation plans for the tank site as directed by the Owner during design. 12. Coordinate the direction setting and number of City Logos on the Bursey Tank, for up to 4 logos on the tank bowl. 13. Evaluate tank water mixing system options for the existing tank and evaluate the City's Water System Model for implementing the various tank mixing systems proposed inside the tank bowl. Look at cost differences in each option and make a recommendation to the Owner. 14. Consult and evaluate City Water System Model far recommended tank out of service time period during painting of the bowl interior and any necessary repairs inside the tank bowl. 15. Attend one (1) meeting with the Owner to go over die Water System Model for Tank downtime during construction. Coordinate with Owner on an approved schedule for taking the tank out of service. LARzsooncslchsV4WRH'Bursey Tank Renovation FNI SC -1 OWNER 16. Evaluate the drainage runoff onsite from storm water and waterreleased from tank overflow piping and prepare construction plans for onsite detention pond and outlet structure, or other means for relieving offsite drainage problems downstream north -east of the site to allow for tank overflow and draining operations onsite. 17. Prepare 54 %o construction plans, specifications, contract documents, and opinion of probable construction cost. The plans will include cover sheet with location map, general notes, site plan, paving plans for hammerhead turnaround and parking onsite, preliminary grading plans, preliminary drainage and/or detention pond plans, yard piping layout as necessary, preliminary irrigation and landscaping plans, proposed fencing and gate, and preliminary electrical site plan. Provide three (3) copies of the 54% submittal to the Owner for their review. 18. Attend one (l) meeting with the Owner to review the 50% submittal. 19. Upon receipt of the 50% City review comments, prepare 90% construction plans, specifications, contract documents, and updated opinion of probable cost. The plans will include those specifrcd in the 50% submittal, plus standard details, special details, electrical details, landscaping and irrigation details, City logo details, special notes, tank mixing recommendations, tank mixing details, and storm drainage calculation sheets and details. Provide three (3) copies of the 90 % submittal to the Owner for their review. 20. Attend one (1) meeting with the Owner to review the 90% submittal. 21. Prepare 140 %0 (Final) plans, specifications, contract documents, bid proposal and opinion of probable construction cost, and provide three (3) copies of the final submittal to the Owner for their review. 22. Attend one (1) review meeting with the Owner to review the final submittal. 13, BM OR NEGOTIATION PHASE. Upon completion of the design services and approval of "Final" drawings and specifications by OWNER, FNI will proceed with the performance of services in this phase as follows: 1. Assist OWNER in securing bids. Issue allotice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan morns. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by OWNER, 2, Maintain information on entities that have been issue a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request, 3. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary, 4. At OWNER request, FNI will assist OWNER in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent law bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. Pre- qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. 5. Assist the OWNER in conducting a pre-bid conference for the construction projects and coordinate responses with OWNER. Response to the pre-bid conference will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre -bid conference. 6. Assist OWNER in the preparation of Construction Contract Documents for construction contracts.. Provide ten (10) sets of Construction Contract Documents which include information from the L:Iaesouree9lcbs%NlNR11%ursey Tank Renovation FNI SC -2 OWNER apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the OWNER and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide OWNER with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. 7. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction. Contract. C, CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below, FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and program relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants an this project to be listed as an additional insured on contractor's insurance policies. Assist OWNER in conducting pre - construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor, Establish communication procedures with the 0 WNER and contractor. Submit monthly reports of construction progress, Reports will describe construction progress in general terms and summarize . project costs, cash flow, construction schedule and pending and approved contract modifications. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 4. Based on FNI *s observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 5, Make up to (6) visits, appropriate to the stage of construction, to the site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction. Contract Documents. In this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any L 1Rcsqurcesld stN\NRHlBurscy Tank Rtnmtion FNI J Z , SC-3 OWNER observed deficiencies to OWNER. Visits to the site in excess of the specified number are an additional service. 6. Notify the contractor of non - conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc, for quality control of the Project. The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by FNI. S. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 9. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the OWNER to determine the cost and time impacts of tbese changes. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the OWNER are an additional service. 10, Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the OWNER on die merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. 11. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. 12. Conduct, in company with OWAd' ER's representative, a final review of the Project for conformance with-the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor (s). Visiting the site to review completed work in excess of two trips are an additional service. 13. Revise the construction drawings in accordance with the information furnished by construction Contractors) reflecting changes in the Project made during construction. Two (2) sets of prints of "Record Drawings" shall be provided by FNI to OWNER. L ausourcesksWl Tank Rcaiovat on FNI SC -4 OWNER ARTICLE Il SPECIAL SERVICES: Special Services to be performed as needed, if authorized in writing by O'WNER's authorized representative, which are not included in the above described basic services, are described as follows: 1. Preparation of easement documents for the project will be at a lump sum cost of $550.00 per easement document. 2. On -call tank inspection services during construction by Dunbam Engineering: a. Quality assurance inspections performed by certified welding or coating inspector - $ 1001Hr. b. Construction engineering inspections performed by engineer - $2004Hr. c. Hourly rates are billed for all time portal -to- portal, including drive time to and from jobsite. Hourly rates include all costs associated with travel, labor, insurance, tools and equipment. d. Hourly rates assume Engineer/Inspector is provided a minimum 48 hours advance notice, and inspections are performed during regular business hours, Monday through Saturday. ARTICLE III ADDITIONAL SERVICES: Additional Services to be performed by FNI, ifauthorizeed in writing by OWNER's authorized representative, which are not included in the above described basic services, are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. GIS mapping seMices or assistance with these services. C. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. D. Providing renderings, model, and mock -ups requested by the OWNER. E. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by OWINER or 2) due to other causes not solely within the control of FNI. F. Providing consultation conceming the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. G. Investigations involving consideration of operation maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. H. Preparing applications and supporting documents for got +erninent grants, loans, or planning advances and providing data for detailed applications. 1. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. J. Conducting pilot plant studies or tests. K. Preparing Operation and Maintenance Manuals or conducting operator training. L:'ResourceslcbslN4°YBHLRursey Tank Renovulon FNI SC -5 OWNER L, Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. M. Furnishing the services of a Resident Project Representative to act as OWNER's on -site representative during the Construction Phase. The Resident Project Representative will act as directed by FNI in order to provide more extensive representation at the Project site during the Construction Phase. Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Article I, D and Attachment RPR. If [OWNER provides personnel to support the activities of the Resident Project Representative who is FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such persomrelwill be set forth in an Attachment attached to and made a part of this AGREEMENT before the sere °ices of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. OWNER agrees that whenever FNI informs him in writing that any such personnel provided by the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced, N. Furnishing Special Inspections required under chapter 17 of the International Building Code. These Special Inspections are often continuous, requiringan inspector dedicated to inspection ofthe individual work item„ and they are in additional to General Representation and Resident Representation services noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an Additional Service. O. Preparation of Conformed or "As Bid" plans and specifications for use during the construction phase. These documents shall involve the incorporation of addenda items intothe Contract Documents through modification of the electronic files and reprinting of the plans and specifications inclusive of the incorporated changes. P. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractors). Q, Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications, R. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. S. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to addre ss environmental issues. T. Performing investigations, studies, and analysis of work proposed by construction contractors to con defective work. U. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. L :UAesaurceskW4VOU aurseyTankRenovation FNIJ L SC-6 OWNER V. Services required to resolve bid pretests or to rebid the projects for any reason, W. Visits to the site in excess of the number oftrips included in Article I forperiodic sitevisits, coordination meetings, or contract completion activities. X. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. Y. Providing sentices after the completion of the construction phase not specifically listed in Article 1. Z. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated tune schedule directed by the OWNER. AA. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. BB. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. CC. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. DD. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. EE. Provide follow -up professional services during Contractor's warranty period. FF. Provide Geotechnical investigations, studies and reports. ARTICLE IV TIME OF COMPLETION- FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: 50% Design Submittal— Within 90 calendar days from date of signed contract 90% Design 'Submittal — Within 40 calendar days after approval of 50% plans by Owner 100% Design Submittal — Within 20 calendar days after approval of 90% plans by Owner If FNI's services are delayed through no fault of FKI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. Tlrese delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. L ;1ResourteskbsVgNR Turscy Tank Renovation SC-7 OWNER ARUCLE V RESPONSIBILITIES OF OWNER: OWNER shall perform the following in atimely manner so as not to delay the services of FNL A. Owner recognizes and expects that certain Change Carders maybe required. Unless noted otherwise, the Owner shall budget a minimum of 5% for new construction and a minimum of 10% for construction that includes refurbishing existing structures. Further, Owner recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omission, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by Engineer or in the other professional services performed or furnished by Engineer under this Agreement ("Covered Change Orders "). Accordingly, Owner agrees to pay for Change Orders and otherwise to make no claim directly or indirectly against Engineer on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Carders unless the aggregate costs of all such approved Covered Change Orders exceed 2% for new construction and 4% for reconstruction. Any responsibility of Engineer for the costs of Covered Changed Orders in excess of such percentage will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the cost of Covered Change Orders will not include: • any costs that Owner would have incurred if the Covered Change Order work had been included originally in tite Contract Documents and without any other error or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. • Any costs that are due to the Contractor Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, Engineer is liable for die cost of Covered Change Orders in excess of the percent of Construction Cost stated above or for any other Change Order. Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such perscm shall have contract authority to transmit instructions, receive information, interpret and define OER's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to OWNER'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications.. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project, E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for ENI to perform services under this AGREEMENT. L lfiesouroeslct slrlttH B urscy Tank renovation FNI SC -8 OWNER F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. Cr. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. H. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also snake or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. L Provide such accounting, independent cost estimating and insurance ocunseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractors), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. J. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project Representative service so the Bidders can be informed. K. KOWNER designates a person to serve in the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase services as defined in Attachment SC, Article 1, C, together with such adjustment of compensation as appropriate, L. Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. M. Give prompt written notice to FNI whenever OWNER observes or otherwise becorues aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. N. Furnish, or direct FNI to provide, Special or Additional Services as stipulated in Attachment SC, Articles Il and III ofthis AGREEMENT or other services as required. O. Bear all costs incident to compliance with Hte requirements of this Article V. Provide tank inspection services during constriction by a separate party. L aesoumesU 7dli7dMursey Tank Renovation FNI SC -9 OWNER ARTICLE VI DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative Jimmy Cates Operations Manager 7200 A Dick Fisher Drive South North Richland Hills, Texas 76180 Phone: 817- 427 -6460 Fax: E -mail: jcates(7a nrhtx.c Owner's Accounting Representative Name: Address: Phone: Fax: E -mail: FM's Project Manager Daniel Tremper 222.0 San Jacinto Blvd, Suite 330 Denton, Texas 76208 Phone: 940 - 2204352 Fax: 940- 387 -4677 E-mail: datfwfreese.com FNI's Accounting Representative Jana Collier 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Phone: 817 -735 -7467 Fax: 817 -735 -7496 E -mail: ve(g-freese,cvm L1RrsaurceslchslTdINRIIgumey Tank Renovation FN] SC -10 OWNER FX6x[4:1 Rtfilar�If�] COMPENSATION COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges but shall not exceed One Hundred Thirty Six Thousand Five Hundred Dollars ($136,540.00). If FNI sees the Scope of Services changing so that Special or Additional Services are needed, including but not limited to those sexviecs described as Special or Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional services shall be computed based on the Schedule of Charges. B. Schedule of Chart?es: Staff Member Salary Cost Times Multiplier of 2.022 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.632 times payroll. This factor is adjusted annually). Other Direct Expenses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non -FNI employees and CAD services performed. In -house by non -FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Rates for In -house Services Computer $1 0.00 per hour Plotter Bond $ 2,50 per plot Special $ 5.00 per plot Color $ 5.75 per plat Testing Auuuratus Density Meter $700.60 per month Gas Detection $ 20.x{1 per test 3 -10 -04 L:1Resmueesk slNl affBursey Tank Renovation co -1 Printin� Black and White $0.10 per copy Color $0.50 per copy Bindin $5.75 per book FNI OWNER City of North Richland Hills CONFLICT OF INTEREST QUESTIONNAIRE FORM C1Q For vendor or other person doing business with local governmental entity This questionnaire reflects ehanges made to the law by H.B. 1491, Both Leg., Regular session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code bya person who hasa business relationship as defined by Section 176.1101(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire mustbe filed with the records administrator of the local governmental entity not later than the 7th 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 it the person knowingly violates Section 176.006, Local Govern ment Code. An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. Freese and Nichols, Inc. J ❑ Check this box if you are filing an update to a previously filed questionnaire. OFFICE LISEONLY (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. N/A Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? El Yes ❑ No N/A B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than Investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? F7 Yes F7 No N/A C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local govemment officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes E—] No N/A D. Describe each employment or business relationship with the local government officer named in this section. Although not a conflict of interest, Freese and Nichols chooses to disclose that Jana Collier, Senior Operations Analyst, is the sister of HRH's Director of Fleet Services, Thomas Powell. J April 12, 2011 Signature of person doing business with the governmental entity Date Adopted 0512912007 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4 -25 -2011 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Bill Thornton Council (Meeting Date: 4 -25 -2011 Agenda No. F.1 Subject: GN 2011 -029 Approval of Supplemental Agreement Amending the Professional Services Contract, with Newman, Jackson, Bieberstein, Inc. in the amount of $268,136.69, for the (Little Bear Creek and Calloway Branch Trail Projects Summarv: As all of the necessary rights -of -way have been acquired or easements committed to be executed, our consultant, Newman, Jackson, Beiberstein, Inc. (NJB) is ready to commence design work on both the Little Bear Creek and Calloway Branch Trails. This item is to consider approval of a supplemental agreement amending the professional services contract with NJB for additional services related to realignment of Little Bear Creek and Calloway Branch Hike and Bike Trails. General Descrivtion: 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) approves hiring one professional services consultant for both trail projects. The Little Bear Creek Floodplain Management Ordinance established the limits of the Little Bear Creek Flood Plain Corridor. Initially, the alignment for the trail was predicated on the established limits of the Little Bear Creek Corridor as originally adopted. Since that time, revisions to the limits of the Corridor have been made as development along the corridor has occurred. Additionally, new, updated software used to perform hydraulic calculations have allowed for revisions to the limits of the fully developed floodplain. These revisions have resulted in the necessary re- alignment of the trail. The professional services contract with Newman, Jackson, Bieberstein, Inc., will need to be amended to include additional services to re- survey and redesign the relocation of the Little Bear Creek Trail within the corridor. The Supplemental Agreement includes $223,540.99 for the following services associated with Little Bear Creek Trail: • Compute revised trail centerline • Survey areas of trail realignment • Stake and survey revised trail centerline • Prepare a topographic survey of realigned trail • Prepare plans and specifications to TxDOT standards to reflect revised alignment • Provide structural engineering for revised bridge locations and abutments • Revise all plan sheets and cross section details and new TxDOT submittals Additional work is also required for revisions to the Callaway Branch Trail and bridge alignment at Richfield Park because of flood way issues discovered during the design. The Supplemental Agreement includes $44,595.70 for the following services associated with Calloway (Branch Trail: • Survey work within Richfield Park for the new alignment • New trail layout drawings • Hydraulic and environmental work associated with the new bridge location • Preparation of plans and specifications revised to reflect new alignment • Provide structural engineering for revised bridge location and abutments • Revise all plan sheets and cross section details and new TxDOT submittals The Supplemental Agreement is in the amount of $268,136.69 which includes $223,540.99 for (Little Bear Creek Trail and $44,595.70 for Calloway Branch Trail. The City's share is 21 % of the total project cost, with 79% of the total cost provided by TxDOT. The City will provide its 21 % of this Supplemental Agreement in the amount of $56,308.70, through balances in the land acquisition allocation of the grant. Therefore, 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 and TxDOT will remain unchanged. This is accomplished by re- allocatina arant funds within the proiect schedule from land acauisition allocation to desian allocation. The original project budget assumed that purchase of some land for the trail would be required. By working with the adjoining property owners the City has been able to acquire donated land. This approach requires an increased expense to redesign the project, but it still reduces the overall cost by not requiring the purchase of land for the trails. The current project schedule anticipates executing the supplemental agreement, allowing NJB to complete design work in order to accommodate construction beginning in August 2012. Recommendation: To approve the Supplemental Agreement amending the professional services contract, with Newman, Jackson, Bieberstein, Inc. in the amount of $268,136.69, for the Little Bear Creek and Calloway Branch Trail projects. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4 -25-2011 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 4 -25-2011 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Announcements - Councilman Whitson Council Meeting Date: 4 -25 -2011 Agenda No. H.1 Announcements Early voting for the City Council Election will be held May 2 through May 10 at the NRH Recreation Center. City Council Places 1, 3, 5 and 7 will be on the ballot. Election Day is May 14. For more election information, visit the City's web site at www.nrhtx.com or call 817- 427 - 6060. The Sounds of Spring Concert Series continues every Friday night through May 13th at NRH20. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring blankets and lawn chairs. For more information, visit the City's web site or call 817- 427 -6600. A ribbon cutting will be held at 10 a.m. on Saturday, April 30 to formally open the Common Ground Community Garden. The 74 -plot organic garden is located at 5301 Davis Blvd. For more information on the garden, go online to www.NRHCommunitygarden.com. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Debbie Nix, City Manager's Office — A resident recently sent an e-mail regarding the help that 'Debbie provided when she applied for a parade permit. Debbie went above and beyond in explaining the permit process and making sure everything was taken care of, the resident said. "You have a great employee in Debbie Nix." CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 4 -25-2011 Agenda No. H.2 Subject: Adjournment