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HomeMy WebLinkAboutCC 2012-10-08 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 8, 2012 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discuss the Scheduling of the November and December Council Meetings (5 Minutes) A.2 New Marketing Material for the Northeast Transportation Services (5 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southeast sector of the City C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 5, 2012 at ku'.2z a.m. ` n s istMt 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. City Council Agenda — October 8, 2012 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 8, 2012 7:00 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) AA 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 the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of September 24, 2012 City Council Meeting City Council Agenda — October 8, 2012 Page 2 of 4 C.0 PUBLIC HEARINGS C.1 SUP 2012 -06 Public Hearing and Consideration of a Request from The Attic Resale for a Special Use Permit to allow a Secondhand Dealer business at 7205 Boulevard 26. (Withdrawn by Applicant) C.2 TR 2012 -03 Public Hearing and Consideration of an amendment to the North Richland Hills Zoning Ordinance Section 118 -97 "Appeal of Board Action" concerning the Zoning Board of Adjustment - Ordinance No. 3216 C.3 ZC 2012 -10 Public Hearing and Consideration of a Request from Sands Surveying Corporation for a Zoning Change from AG Agricultural to R -1 -S Special Single Family on 1.959 acres known as Tract 2E in the J. Condra Survey at 7317 Douglas Lane - Ordinance No. 3221 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2012 -09 Consideration of a Request from Sands Surveying for a Final Plat of Lot 9, Block 10, Windcrest Addition located on 1.959 acres at 7317 Douglas Lane. E.0 PUBLIC WORKS E.1 PW 2012 -029 Approve an Interlocal Agreement with Tarrant County for the Partial Funding of Project Costs for the Rufe Snow Drive Street & Utility Improvements (Mid - Cities Boulevard to Hightower Drive) Project E.2 PW 2012 -030 Approve Change Order with LH Lacy Construction Company Ltd. in the amount of $351,708.18 for the Construction of the North Tarrant Parkway Project (ST0201) F.0 GENERAL ITEMS F.1 GN 2012 -084 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2012 -026 F.2 PU 2012 -027 Authorize a contract with Quorum Architects for architectural services for the animal shelter and adoption facility F.3 GN 2012 -085 Amend Chapter 54, Article IX of the North Richland Hills Code of Ordinances Revision to Parades and Recreational Street Uses - Ordinance No. 3222 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda City Council Agenda — October 8, 2012 Page 3 of 4 H.0 INFORMATION AND REPORTS H.1 Announcements - Councilwoman Wright Oujesky H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 5, 2012 at VCO4- 9JZ� a.m. s ist t Ci y 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. City Council Agenda — October 8, 2012 Page 4 of 4 City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 8, 2012 6:00 P.M. A.0 Discuss Items from Regular Citv Council Meeting A.1 Discuss the Schedulina of the November and December Council Meetinas (5 Minutes) A.2 New Marketing Material for the Northeast Transportation Services (5 Minutes) 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 551.072, Texas Government Code to deliberate the purchase, exchanae, lease or value of real property in the southeast sector of the Citv C.0 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. A.a Discuss Items from Regular City Council Meeting M RH COUNCIL MEMORANDUM From The Office of the City Manager Subject: Agenda Item No. A.1 Discuss the Scheduling Meetings (5 Minutes) Date: 10 -8 -2012 of the November and December Council Presenter: Patricia Hutson, City Secretary Summarv: The second council meeting in November is in close proximity to the Thanksgiving holiday and the December 24 council meeting is a city holiday. Staff is requesting direction from Council on their desire to cancel the November 26 and December 24 City Council meetings. General Description: In the past when Council meetings have fallen on or close to a holiday, Council has opted to cancel the meetings and directed Staff to notify Council if any significant issues arise warranting a special meeting. This year Staff is recommending that Council consider cancelling the November 26 and December 24 Council meetings. As in previous years, should there be unexpected business in November or December that cannot be handled at the remaining meetings, a special meeting would be scheduled. Staff is requesting Council direction on the cancellation of the November 26 and December 24 City Council meetings. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. A.2 New Marketing Material for the Northeast Transportation Services (5 Minutes) Presenter: Kristin Weegar, Assistant to City Manager Summarv: In 201112012 the Northeast Transportation Services (NETS) received a grant from Tarrant County to complete a new marketing campaign that included the creation of a NETS website, new brochure, van decals and magnet. Staff will be presenting the completed items. General Description: The Northeast Transportation Services (NETS) is a partnership between the cities of Bedford, Euless, Grapevine, Haltom City, Hurst , Keller and North Richland Hills. NETS provides door -to -door, demand responsive pars- transit service and is available to any resident of a participating city who is disabled or 55 years of age or older. NETS may be used for medical appointments, socialization, employment, essential shopping and education purposes. In addition to the cooperation of the seven cities, NETS has partnerships with both the Fort Worth Transportation Authority (The T) and Catholic Charities. An inter -local agreement is in place with The T to provide transit services and oversight of operations. The T then contracts with a non- profit agency, Catholic Charities, to operate the service and maintain the NETS vehicles. The T and Catholic Charities report monthly operating and performance statistics to the NETS Board. The NETS Board is made up of each participating city's City Manager. NETS is funded by federal grants, state grants and annual local contributions from each participating city of $0.67 per capita. All this funding goes towards operating costs and capital costs, with not much left over to spend on marketing or advertising the service. In 2012, NETS was awarded $32,725 from Tarrant County to complete a new marketing campaign. Included in the campaign were funds for a NETS Website, a new brochure, new van decals and magnets. The NETS Board approved a contract with Squires Company to perform the work in the spring of this year and all work was completed September 20, 2012. Staff will present the completed items to City Council. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject Agenda Item No. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject Agenda Item No. B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southeast sector of the City Presenter: Craig Hulse, Economic Development Director M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 8, 2012 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Whitson A.2 Pledae - Councilman Whitson A.3 Special Presentation(s) and Recoanition(s) No items for this category. AA 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 the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of September 24, 2012 Citv Council Meetina 1 0= r i l J:� 1 I 113461M 1 �,1 C p l► Eel C.1 SUP 2012 -06 Public Hearina and Consideration of a Reauest from The Attic Resale for a Special Use Permit to allow a Secondhand Dealer business at 7205 Boulevard 26. (Withdrawn by Applicant) C.2 TR 2012 -03 Public Hearina and Consideration of an amendment to the North Richland Hills Zoninq Ordinance Section 118 -97 "Appeal of Board Action" concernina the Zonina Board of Adiustment - Ordinance No. 3216 C.3 ZC 2012 -10 Public Hearing and Consideration of a Reauest from Sands Survevinq Corporation for a Zoning Chanqe from AG Aqricultural to R -1 -S Special! Sinale Familv on 1.959 acres known as Tract 2E in the J. Condra Survev at 7317 Doualas Lane - Ordinance No. 3221 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2012 -09 Consideration of a Reauest from Sands Survevina for a Final Plat of Lot 9, Block 10, W�ndcrest Addition located on 1.959 acres at 7317 Douglas Lane. E.0 PUBLIC WORKS E.1 PW 2012 -029 Approve an Interlocal Aareement with Tarrant Countv for the Partial Fundina of Proiect Costs for the Rufe Snow Drive Street & Utility Improvements (Mid- Cities Boulevard to Hiahtower Drive) Proiect E.2 PW 2012 -030 Approve Chanae Order with LH Lacv Construction Companv Ltd. in the amount of $351,708.18 for the Construction of the North Tarrant Parkwav Proiect (ST0201 ) wl�e1:1►1:11:7.10k1:11iVi6- F.1 GN 2012 -084 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2012 -026 F.2 PU 2012 -027 Authorize a contract with Quorum Architects for architectural services for the animal shelter and adoption facility F.3 GN 2012 -085 Amend Chapter 54, Article IX of the North Richland Hills Code of Ordinances Revision to Parades and Recreational Street Uses - Ordinance No. 3222 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aqenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilwoman Wright Ouieskv H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. A.0 Call to Order - Mayor Trevino M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. A.1 Invocation - Councilman Whitson M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. A.2 Pledge - Councilman Whitson M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. B.a 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. B.1 Approval of Minutes of September 24, 2012 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the September 24, 2012 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — SEPTEMBER 24, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 24 day of September 2012 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tom Lombard Mayor Pro Tern, Council, Place 3 Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin Weegar Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Patrick Hillis Human Resources Director Chris Amarante Facilities & Construction Director Craig Hulse Economic Development Director Stan Tinney Fire Chief Gregory VanNieuwenhuize City Engineer Dave Pendley Building Official Joe Pack Senior Park Planner Jason Moore Park Planner Eva Ramirez Buyer Don Wertzberger Project Manager Orsheka Moore Budget Analyst Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.0 Discuss Items from Reqular Citv Council Meetinq There were no questions from Council. A.1 Comraensation Program FY2012 -13 Mr. Patrick Hillis, Director of Human Resources, presented plans for the 2012 -2013 compensation program. Mr. Hills recapped the city's pay plan history and advised that since 2009 the overall salary growth has slowed and the pay range increases and pay range adjustments have been about the same. As a result, there is an issue of compression within the city's pay plans. Mr. Hillis presented plans for the administration of the 'FY 2012 -13 pay adjustments. The plan provides for a 2 percent merit increase and adjustments to address the compression issues. At the request of Council, staff will provide examples of how the plan will affect employees within the same pay range, before the adjustments and after the adjustments. Staff will proceed with the implementation of the program presented. A.2 Adventure World Plavground Renovations Ur)date Ms. Vickie Loftice, Managing Director, introduced the item. Ms. Loftice gave a brief background on the design and construction of the playground in 1994 and advised Jason Moore, Park Planner, would provide a status update on the Adventure World Playground. Renovation of the Adventure World Playground was approved in the 2011- 2012 Capital Improvement Budget and Dunaway Associates are the architects for the project. Elizabeth Mcllrath, Dunaway and Associates was also present to address Council questions. Staff is seeking Council input on the public information gathering process and any recommendations on the design. Mr. Moore presented a PowerPoint presentation updating Council on the project. Council was advised that a grant was received from Shane's Inspiration for consulting services on fully- accessible playgrounds and Shane's will be working with City staff and Dunaway to develop the conceptual design. Community input will begin on October 11 with two public input meetings at Northridge Elementary. The first meeting at 3:30 will target Northridge Elementary parents and students and the second meeting at 6:30 will target the general public and other stakeholders. Council requested that Green Valley Elementary also be included in the meetings. Fallowing community input, the design team will begin developing concepts. Mr. Moore reviewed the timeline for the project and advised renovation was anticipated to begin in late July 2013. Council requested that during the bid process an option be included to phase the project rather than completely close the playground. Council also commented that a couple of years ago the Youth Advisory Committee (YAC) presented to Council a youth project proposal with a recommendation for a special needs park for children and questioned if YAC would be involved with this project. Staff advised they would seek YAC's involvement and also include their project presentation. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with attornev to seek advice about pendina or contemplated litigation: or on a matter in which the dutv of the attornev to the city council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code B.2 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the Citv B.3 Executive Session: Pursuant to Section 551.087, Texas Government Code to discuss potential Economic Development incentives to business prospect in central part of the city B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment. Evaluation, Duties of Public Emplovees - City Manager and Citv Secretary Mayor Trevino announced at 5:50 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.071 to consult with attorney to seek advice about pending or contemplated litigation; or on a matter in w'hic'h the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code; 2) Section 551.072 to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City; 3) Section 551.087 to discuss potential Economic Development incentives to business prospect in central part of the city; and 4) Section 551.074 to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary. C.0 Adiournment Mayor Trevino announced at 7:00 p.m. that the Council would adjourn to the regular Council meeting. N* Cie1W- 1 ;V16111► Eli 10141=1 =1 I I ► IL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order September 24, 2012 at 7:05 p.m. I ZT91 I wey-A1 I I Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A,1 INVOCATION Councilman Barth gave the invocation. A.3 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.4 SPECIAL PRESENTATION AND RECOGNITION(S) - PROCLAMATION FOR COMMUNITY PLANNING MONTH PRESENTED BY COUNCILMAN RODRIGUEZ Councilman Rodriguez invited the members present from the Planning & Development Department, Planning & Zoning Commission and Zoning Board of Adjustment to join him at the podium as he presented the Community Planning Month Proclamation. A.5 CITIZENS PRESENTATION Mr. Shafipour, 5750 Davis Boulevard, expressed his concerns for the lack of tenants in his commercial property and the stress to make the recurring drainage assessment payment for the property. Mayor Trevino asked Mike Curtis, Public Works Director, to help Mr. Shafipour with his concerns. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ►G7T� B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF SEPTEMBER 10, 2012 CITY COUNCIL MEETING B.2 PU 2012 -028 AWARD RFB NO. 12 -032 FOR GENERAL CONTRACTOR SERVICES TO DOUBLE ❑ CONTRACTING AS THE PRIMARY CONTRACTOR, K &L GENERAL CONTRACTORS AS THE SECONDARY CONTRACTOR AND IMPACT CONSTRUCTION & STEEL AS THE ALTERNATE B.3 PW 2012 -026 APPROVE THE ABANDONMENT OF A PORTION OF A SANITARY SEWER EASEMENT LOCATED WITHIN THE DAVIS -NORTH TARRANT PARKWAY AND BRENTWOOD ESTATES ADDITIONS B.4 PW 2012 -027 AWARD OF PROPOSAL NO. 12 -033 TO ALL STAR FENCE IN THE AMOUNT OF $68,908.75 FOR THE SPRING OAKS SCREENING WALL PROJECT (ST1103) B.5 PW 2012 -028 APPROVE THE DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS WITH ENCLAVE AT HOMETOWN, LP TO DOCUMENT THE ROUGH PROPORTIONALITY DETERMINATION FOR THE DEVELOPMENT OF LOT 1, BLOCK 1 OF THE HOME TOWN CANAL DISTRICT ADDITION COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA ZC 2012 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING FOR A ZONING CHANGE FROM C -211-11C HEAVY COMMERCIAL AND PD 37 TO REDEVELOPMENT PLANNED DEVELOPMENT (RD- PD) BASED ON HC ZONING ON 13.22 ACRES AT 7551 NE LOOP 820. (CONTINUED FROM THE SEPTEMBER 10, 2012 CITY COUNCIL MEETING) — ORDINANCE NO. APPROVED Mayor Trevino announced that items C.1 and D.1 were continued from the September 10, 2012 City Council Meeting. Mayor Trevino advised the items were related and would be presented together. The public hearing had been opened on September 10 and Mayor Trevino called on the applicant to come forward and present their case. Mike Moore, with Claymoore Engineering, 1105 Check Sparger, Colleyville, representing Huggins Honda, came forward. Mr. Moore explained that this was a zoning request from heavy commercial to a planned development. Also, along with the planned development is a replat to correlate with the site plan of the planned development. The zoning change would create a uniform classification across the property. Access to the site along 820 was dictated by the North Tarrant Express project, there were previously 5 drives along that frontage road that will be down to 4 for the new site. As mentioned, dictated by the condemnation process by TXDOT and NTE, there were 2 existing access points along Cloyce which are proposed to remain as well as the existing access point on Short Street. Currently on the site there was the former Huggins Mitsubishi building on the west half of the site, a detail shop on the northwest corner, the Honda dealership central on the property. All three of those buildings will be demolished and a new facility will be built. The new proposed site plan will be approximately 116,000 square foot new dealership that will house the new car sales and enlarged service department. The existing used car center at the corner of frontage road and Nancy Lane will remain as is. Changes also will include lighting on the property to ensure a much more restrictive lighting regulation to 'help limit the light trespass to the adjacent properties, landscaping and a 6 foot pre -cast masonry screen wall along Short Street. Clayton Comstock, Senior Planner, summarized the items. On behalf of H &H Limited Partnership (Huggins Honda), Claymoore Engineering is requesting a zoning change from C-2/HC Heavy Commercial and PD 37 to Redevelopment Planned Development (RD -PD) based on HC zoning on 13.22 acres at 7551 NE Loop 820. The purpose of the request is to zone the property to accommodate the complete demolition and redevelopment of Huggins Honda and the old Huggins Mitsubishi site. With the Loop 820 widening project and the sale of Huggins's dealership rights to Mitsubishi vehicles, the redevelopment opportunity is ripe for the site. Mr. Comstock also explained that because there was opposition to the case by 21.38% of the land area within 200' requires an affirmative vote of three - fourths "supermajority" (6 of 7 Council members) to approve the zoning change. The property is currently platted as six different lots in the Richland Terrace Addition and the Rivercrown Addition. A Plat Revision to consolidate the entire block into just two lots is being considered in conjunction with this zoning request. Claymoore Engineering is requesting approval of a Replat for Lots 1 R2 and 2R2, Block 1, Rivercrown Addition for the purpose of redeveloping a car dealership on 13.22 acres located on NE !Loop 820 between Nancy Lane and Cloyce Court. The proposed Lot 2R2, located at the corner of Nancy and Loop 820, would continue to operate a used car dealership. The remaining 11.43£ acres of the plat —Lot 1 R2 —is planned for a complete demolition and redevelopment project for a new car dealership and auto service center for Huggins Honda. (item D.1). Applicant has made the following changes to their Site Plan: 1. A six foot precast decorative concrete masonry screen wall will be provided along Short Street. The applicant has indicated to staff that they will be going with Verticrete Commercial Precast Concrete Privacy Fence. In regards to color and pattern, the color will complement the split faced CMU on the 'building and the pattern will be a stone type pattern. 2. The car wash was moved away from Short Street and more interior to the site. It did, however, move closer ('now 60 feet) to Nancy Lane. Staff believes that would be acceptable since the properties across Nancy Lane are shown on the Comprehensive Land Use Plan to be commercial in the future. An additional landscaping buffer was requested to provide better screening while the residential property is still being occupied. 3. The dumpster and storage area previously located at the far northwest corner of the lot has been removed. Huggins Honda will now be using a trash compactor, which requires it to be in much closer proximity to their building. They will be using an area on the west side of the building for the compactor and recycling dumpster. 4. Not driven by P &Z or resident request, but the applicant has modified various parking lot landscape islands on the Site Plan to better define the internal traffic circulation and differentiate between vehicle inventory areas and customer parking areas. 5. Similarly, decorative brick pavers and raised landscape islands are being planned on the south side of the Customer Service Center. This will also aid with internal traffic circulation by directing service customers to one single entry point and one single exit point. The Planning & Zoning Commission held a public hearing and considered this item at their August 16, 2012 meeting and recommended approval (5 -0) subject to a six foot masonry screen wall being installed along Short Street. Mayor Trevino called for comments from those in support of request to come forward. Mr. Charlie Martinez, 4812 Nancy Lane, expressed his support to project. Mayor Trevino called for comments from those opposed to the request to come forward. Matt Weinrich, 4901 Susan Lee Lane, expressed his concerns for the delivery truck route as presented. He requested that deliveries be mandated, that no trucks be allowed onto Short Street and no driveway be allowed. There being no one else wishing to speak, Mayor Trevino closed the public hearing and requested Matt Moore return and address Mr. Weinrich's concerns. Mr. Moore came forward and explained that the driveway is for employee use only and no trucks and/or deliveries will access the property through this driveway. The truck route for loading and unloading will be at the southwest corner of the building away from the residential area off of Cloyce and the access road. Mayor Trevino called for the motion. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE ZC 2412 -06; ORDINANCE No. 3215. COUNCILMAN WHITSON SECONDED THE MOTION.. MAYOR PRO TEM LOMBARD ASKED FOR AN AMENDMENT TO THE MOTION TO INCLUDE THE SIX FOOT PRECAST DECORATIVE CONCRETE MASONRY SCREEN WALL ALONG SHORT STREET AND THE REPLACEMENT OF THE DEAD SHRUBS. Councilwoman Wright Oujesky and Councilman Whitson accepted the amendment to the motion. MOTION TO APPROVE CARRIED 7 -4. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2012 -07 CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING FOR A REPLAT TO CREATE LOTS 1 R2 AND 2R2, BLOCK 1, RIVERCROWN ADDITION ON PROPERTY CURRENTLY DESCRIBED AS LOTS 1 R, 2R AND 3R, BLOCK 1, RIVERCROWN ADDITION AND LOTS 1 RA, 1 RB AND 2R, BLOCK 42CR, RICHLAND TERRACE ADDITION LOCATED ON 13.22 ACRES AT 7551 NE LOOP 820 (CONTINUED FROM THE SEPTEMBER 10, 2012 COUNCIL MEETING) APPROVED Item presented with item C.1 (Public Hearings) above. MAYOR PRO TEM LOMBARD MOVED TO APPROVE RP 2012 -07. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2012 -081 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2012A ", INCLUDING THE ADOPTION OF ORDINANCE NO. 3220 AUTHORIZING THE ISSUANCE OF SUCH BONDS, ESTABLISHING PARAMETERS FOR THE SALE AND ISSUANCE OF SUCH BONDS, AND DELEGATING CERTAIN MATTERS TO AN AUTHORIZED OFFICIAL OF THE CITY APPROVED Larry Koonce, Finance Director, summarized the item. As discussed at the September 10th City Council Work Session, the City received a record -low interest rate on the August 13 sale of $25 million of 2012 voter approved general obligation bonds. In an effort to take advantage of these historically low rates, staff began exploring the sale of additional bonds for the Municipal Complex Project. The original financing plan for the project was based on an assumed interest rate of 3.15% for the recently issued bonds. The original estimate for bonds to be issued in fiscal year 2013 was 3.65 %. The recent bond sale resulted in an interest rate of 2.69 %. Issuing additional bonds at this time is only justified if the city can actually receive an interest rate as low, or very close to, the rates we just received. If the city is unable to receive a low interest rate, then there is no benefit in deviating from the original plan. As discussed on September 10 management and staff recommend a delegated sale. Staff proposes a negotiated sale with Citigroup Global Markets, Inc. as the Senior Manager underwriter and Frost National Bank as the co- manager. Citigroup was the low bidder on the August G.O. sale, and Frost was the low bidder on the August C.O. sale. Staff would like to request that Council consider a "Parameters Ordinance." This ordinance gives the City Manager as the `pricing officer" the ability to approve final pricing only if it falls within the Council's approved parameters. The Proposed Parameters included in the ordinance are: 1. Delegated Pricing Officer is the City Manager 2. Maximum True Interest Cost: 2.95% 3. Maximum Principal Amount: $10,000,000 4. Bond Maturity: 20 Years 5. Expiration of Parameter Authority: 90 Days When pricing is accepted by the City Manager, he will communicate this information to the Mayor and Council. Staff recommends the adoption of Ordinance No. 3220 authorizing the issuance of the "City of North Richland Hills, Texas, General Obligation Bonds, Series 2012A ". Councilman Turnage left the Council dais at 7.49 p.m. and Mayor Trevino announced that Councilman Turnage's spouse was employed by Frost Bank and would be abstaining from discussion and vote for item F.1. An affidavit of disqualification has been completed by Councilman Turnage and filed with the City Secretary stating the nature of the interest is spouse employed by Frost Bank. MAYOR PRO TEM LOMBARD MOVED TD APPROVE ORDINANCE NO. 3220. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 -1, COUNCILMAN TURNAGE ABSTAINING.. Councilman Turnage returned to the Council dais at 7:51 p.m. F.2 GN 2012 -082 APPOINTMENT OF BOARD MEMBERS TO REINVESTMENT ZONE NO. 1 (TIF #1) AND APPOINTMENT OF CHAIR APPROVED Mayor Trevino called on Patricia Hutson, City Secretary, to present the next two items F.2 and F.3 since they were related and advised that Council wound be voting on the items separately. Patricia Hutson, City Secretary presented the items. The bylaws of Reinvestment Zone No. 1 state that the Board is to consist of nine directors; five are to be appointed by the City Council; one is appointed by the governing body of Birdville Independent School District; one appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital 'District; and one appointed by the governing body of Tarrant County. The directors are to serve two -year terms of office. The five Council Members serving on Reinvestment Zone No. 1 terms of office expire in October. The City Council is being requested to make five appointments to the Board. The members whose terms will expire are Mayor Trevino, Councilwoman Wright Oujesky, Councilman Turnage, Councilman Whitson, and Councilman Welch. In the past Council also elected to appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the exception of the one extra Council member on Reinvestment Zone No. Z, although there is no requirement for the members to be the same. The bylaws also state that the Council shall appoint a Chair annually. The next agenda item F.3 is to consider the appointments to Reinvestment Zone No. 2. The bylaws of Reinvestment Zone No. 2 state that the Board is to consist of nine directors; six are to be appointed by the City Council; one is appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County. The directors are to serve two -year terms of office. The terms of office for the six Council Members serving on Reinvestment Zone No. 2 expire in October. The City Council is being requested to make six appointments to the Board. The Council Members whose terms will expire are Mayor Trevino, Councilwoman Wright Oujesky, Councilman 'Rodriguez, Councilman Whitson, Councilman Turnage and Councilman Welch. The bylaws also state that the Council shall appoint a Chair annually. After the appointment of the six directors, Council is requested to appoint the Chair. MAYOR PRO TEM LOMBARD MOVED TO REAPPOINT MAYOR TREVINO, COUNCILWOMAN WRIGHT OUJESKY, COUNCILMAN WHITSON, COUNCILMAN TURNAGE AND COUNCILMAN WELCH TO THE REINVESTMENT NO. 1 AND REAPPOINT MAYOR TREVINO AS CHAIR. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2012 -083 APPOINTMENT OF BOARD MEMBERS TO REINVESTMENT ZONE NO. 2 (TIF #2) AND APPOINTMENT OF CHAIR APPROVED Item presented and discussed with item F.2 above. COUNCILMAN LOMBARD MOVED TO REAPPOINT MAYOR TREVINO, COUNCILWOMAN WRIGHT OUJESKY, COUNCILMAN RODRIGUEZ, COUNCILMAN WHITSON, COUNCILMAN TURNAGE AND COUNCILMAN WELCH TO THE REINVESTMENT NO. 2 AND REAPPOINT MAYOR TREVINO AS CHAIR. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 PU 2012 -026 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CMJ ENGINEERING FOR THE MUNICIPAL COMPLEX PROJECT APPROVED Jimmy Perdue, Public Safety Director, summarized the item. City Council is being asked to authorize the City Manager to Execute a Professional Services Contract with CMJ Engineering, Inc. in the amount of $27,840 for Professional Geotechnical Services related to 1) Geotechnical Investigation and 2) Construction Materials Testing for the Municipal Complex project. COUNCILMAN TURNAGE MOVED TO APPROVE PU 2012 -026. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.4 TO DELIBERATE THE EMPLOYMENT, EVALUATION, DUTIES OF PUBLIC EMPLOYEES - CITY MANAGER AND CITY SECRETARY APPROVED Mayor Trevino advised that evaluations for the City Manager and City Secretary had been discussed during executive session. Mayor Trevino recommended that the contract for the City Manager be extended for three years and the salary be increased by the highest merit available. MAYOR PRO TEM LOMBARD MOVED TO AMEND THE CITY MANAGERS CONTRACT FOR ANOTHER 3 YEARS AND INCREASING HIS SALARY FOR THE 2012 -2013 BY 2% AND MAKING IT EFFECTIVE OCTOBER 1, 2012. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem made the following announcements. The NRH Police Department is partnering with the Drug Enforcement Administration for the national "Take Back" initiative. This initiative provides the public an opportunity to safely discard prescription medication for proper destruction. Unused, expired and unwanted prescription drugs can be dropped off at the NRH Fire Administration Building on Saturday, September 29th between 10 a.m. and 2 p.m. For more information, please c a l l 817- 427 -7006. Join the North Richland Hills Police Department in celebrating National Night Out on the evening of October 2nd. Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Please contact the Police Department at 817 -427 -7021 to register your neighborhood event. The North Richland Hills Public Library will hold its annual book sale from 8:00 a.m. to 4:00 p.m. on Saturday, October 6th. Many of the books being sold are donations that the library was unable to use in its collection. Other items were removed from the collection throughout the year. All proceeds from the sale will go towards the purchase of new books. The Library is located at 9015 Grand Ave. For more information, please call 817- 427 -6814. Kudos Korner - Robert Raley, Rickie McMahan, and Miguel Bermea from the Public Works Department. A resident had called to request emergency shut off assistance when a water leak was flooding his home. He called again to thank Robert, Rickie and Miguel for their outstanding work. "Not only was their response very quick, they were efficient, knew what they were doing and did a tremendous job," he said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:02 p.m. Oscar Trevino — 'Mayor ATTEST: Patricia Hutson, City Secretary M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. C.0 PUBLIC HEARINGS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. C.1 SLIP 2012 -06 Public Hearing and Consideration of a Request from The Attic Resale for a Special Use Permit to allow a Secondhand Dealer business at 7205 Boulevard 26, (Withdrawn by Applicant) Presenter: Clayton Comstock, Senior Planner The applicant for this case withdrew their request after notifications and advertisements were made for the Planning &r Zoning Commission and City Council. See email from the applicant attached. Staff recommends announcing that this case has been withdrawn at the request of the applicant during the public meeting. From' Sumer MarCen To: amd2pgsmu theaft,esal'a-t-9 lrstk Cc: fhad Varl$LeeF'�erfl Svbjert: RE: IM Carr LS • The Attic Resnle pate: Thursday, Sepkerrter 13, 20121:33A3 PM Mr. Comstock I need to let you know that we have beery dealing with the issue of the a ir con d ition e r a t our new unit and have concluded the cost to repair it is too much, and coupled with the process of this permit we are throwing in our towel, We have decided to remain at our current location and not upgrade units. Can you please remove us from your agenda for next week. We understand that If we move In the future that we wlII be subject to the same process. Can you also please let me know what we need to do to get a refund on the permit fee. Thanks so much for your help on all of this. Your office was truly a pleasure to deal with during the whole process. 5t,tvm.�it° Nior�CSiv Assistant to Stephen Straty iefferies & Company, Inc. Energy Investment Banking 300 Crescent Court, Suite 500 Dallas, T% 75201 Tel: (9721 791 -3249 Fax (972) 692 -8478 smorgan r9jefferies.wm From; Clayton Comstock [mailto:ccomstock @nrhtx.com] Sent Wednesday, September 12, 2012 4:14 PM To: theatticresa leas bcrgloba1.net; Sumer Morgan; Della Greener; 99727838901 @fax,nrh.com Cc Chad VanSteenberg. Subject: NRH Comments - The Attic Resale Brad, Sumer and Della, Attached are the City's comments regarding the SUP request for a Secondhand Dealer (The Attic) at 7205 Boulevard 26 in North Richland Hills. We have placed the item on the September 20 Planning & Zoning Commission agenda. You are required to appear before the board that evening to present your case. The meeting begins at 7:00PM. You'll see in the comments that we are requesting a narrative letter that further details the business operations of The Attic Resale as it pertains W records management of the items bought and sold, among other aspects of the business. Please get that back to me by 9.O ®AM this Friday. We have to include that in our staff report to the Commission. Thank you and feel free to call Chad Van Steenberg or myself with any questions. Respectfully, Clayton Comstock, AICP, CNU -A Senior Planner City of North Richland Hills (817)427 -6301 7efferies archives and monitors outgoing and incoming e-mail. The con .. tents of this entail, including an attachments, are confidential to the ordinary user of the email address to which it was addressed, If you are not the addressee of this email you may not copy, forvard, disclose orotherwise. use it or any part of it it any form whatsoever. This email may be produced at the regnrest of regulators a in connection with civil litigation. 3efferies accepts no liability for any errmni or omissions arising as a result of transmission. use by other than intended recipients is prohibited. In the united Kingdom, lefferies operates as ]efferies Lnternational Limited; regmtered in England: no. 1979621; registered office: Vintners Place, 66 Upper Thames Street, London BC4V 381. 3efferies Lnt,ernatmnal Limited is authon sed and regulated fry the Financial Servj Authority. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. C.2 TR 2012 -03 Public Hearing and Consideration of an amendment to the North Richland Hills Zoning Ordinance Section 118 -97 "Appeal of Board Action" concerning the Zoning Board of Adjustment - Ordinance No. 3216 Presenter: Clayton Comstock, Senior Planner SUMMARY: Planning Staff and the City Attorney have discovered an inconsistency between Section 118 -97 of the City's Zoning Code and Section 211.011 of the Texas Local Government Code regarding the appeal process of an action by the Zoning Board of Adjustment. Ordinance 321E (TR 2012 -03) simply amends this section of the Zoning Ordinance to conform to state law. EXISTING TEXT: Any persons, jointly or separately, or any taxpayer, or any officer, department, or board of the city, aggrieved by any decision of the zoning board of adjustment may present to the appropriate court of record, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within 30 days after the filing of the decision complained of in the offices of the board and not thereafter. STATE LAW: Click the link to review Section 211.011, Texas Local Government Code. The main inconsistency is a 10 -dav time to appeal rather than the 30 -dav time to appeal that the City currently has codified. REVISED TEXT PER ORDINANCE 3216: "Any persons, jointly or separately, or any taxpayer, or any officer, department, or board of the city, aggrieved by any decision of the Zoning Board of Adjustment may present to a Tarrant County Court at Law or District Court, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within 10 days after the filing of the decision complained of in the offices of the Board and not thereafter." PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item on September 20, 2012 and recommended approval (6 -0). STAFF RECOMMENDATION: Approval of Ordinance 321E (TR 2012 -03) ORDINANCE NO. 3216 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118 -97 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO CONFORM TO STATE LAW FOR TIME FOR ZBA APPEALS; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 118 -97 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by amending the following: Sec. 118 -97. - Appeal of board action. Any persons, jointly or separately, or any taxpayer, or any officer, department, or board of the city, aggrieved by any decision of the Zoning Board of Adjustment may present to a Tarrant County Court at Law or district Court, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within 10 days after the filing of the decision complained of in the offices of the Board and not thereafter. [] SECTION 2. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 3. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. mee The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. F -AW 61SIOX63017_l1'►1 =1 13 PASSED AND APPROVED on this 8th day of October, 2012. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Patricia Hutson, City Secretary 1,1 »:�] ►1 �l �1_'� �fl �i]:a i'i I_1'► I Bl 4 =CHi1 4 iris George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE SEPTEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING TR 2012 -03 Public Hearing and Consideration of an amendment to the North Richland Hills Zoning Ordinance Section 115 -97 "Appeal of Board Action" concerning the Zoning Board of Adjustment Chad VanSteenberg said Staff and City Attorney have discovered an inconsistency between the City's Zoning Cody and The Texas Local Government Code regarding the appeal process of an action by the Zoning Board of Adjustment. Ordinance 33216 simply amends this section of the zoning ordinance to conform to state 'law. The main inconsistency is 10 day period to appeal rather than the 30 day period which the City currently has codified. The proposed Ordinance 3216 would correct that discrepancy. Chairman Shifdet opened the Public Hearing and asked if anyone wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Kathy Luppy motioned to approve TR 2413 -03 as proposed. The motion was seconded by Steven Cooper and passed unanimously (6 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. C.3 ZC 2012 -10 Public Hearing and Consideration of a Request from Sands Surveying Corporation for a Zoning Change from AG Agricultural to R -1 -S Special Single Family on 1.959 acres known as Tract 2E in the J. Condra Survey at 7317 Douglas Lane - Ordinance No. 3221 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of property owners Jason and Amber Miller, Sands Surveying Corporation is requesting approval of a zoning change from AG Agricultural District to R -1 -S Special Single Family District for a 1.959 acre parcel at the southwest corner of Douglas Lane and Starnes Road. A Final Plat for this single unplatted parcel is being considered in conjunction with this case (FP 2012 -09). The purpose of these two requests is to allow the homeowners —new to the property as of August 2012 —the opportunity to receive various building permits for home additions and new accessory building construction. Any building permit which increases the size of the residence or adds new structures to the property would require proper zoning and platting. Specifically, the R -1 -S zoning is being requested because of the rights granted in that district with respect to accessory buildings and livestock. They do not currently have any livestock, but would like the option in the future to have horses on the property. EXISTING SITE CONDITIONS: The property is currently developed with a single family residence of approximately 2,130 square feet built in 1966 (Source: Tarrant Appraisal District). A tin -roof barn also exists on the property line along Starnes Road. The applicant has indicated that they wish to demolish this barn and its associated structures and build a new accessory building in the near future. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. This change in zoning would be consistent with that category. THOROUGHFARE PLAN: The lot has frontage on both Douglas Lane and Starnes Road. Both roadways are designated as "C2U" Minor Collectors (60' ROW) and adequate right -of -way has previously been provided by this property. 6_11J N;191LIJ'►I *] 1►[+� ,to]' I I I, "A W,1 r I1Xk&I= I North: R -2 Residential 1 Low Density Residential East: U Institutional 1 Public /Semi- Public South: R -2 Residential 1 Low Density Residential West: R -2 Residential 1 Low Density Residential PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item on September 20, 2012 and voted 6 -0 to recommend approval as presented. STAFF RECOMMENDATION: Approval of ZC 2012 -10, Ordinance No. 3221. I W I SI_ r 111191 1, V ►, 1 m i N �i� Till it Greenhill Trl 0 J � �] > O S� 0 1 i //� C J O 2 s 4 �4 I I Starnes Rd North Ridge Middle School AERIAL PHOTO Starnes Rd +� t l��rEf EIEr !R k olmh I. North Ridge' liddle CEP 80 e PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION ........ ... AND CITY COUNCIL I 1 11 11 11 1 1 - I J I. I I —1 1 LI i Ili 1 -1 11 A, 1. I Idl I JI I...1 1. .. I di I . : k . ill. ii I L 1. 5 I. .a 11 A I IJ J Case Numbers: ZC 2 10 Applicant: Sands Surveying Corporation Location: 7317 Douglas Ln You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. ..1..1.1 .' I I , I A , ! d'; :.1. j , I 1.: 5 11. . I , . I I I I , 11 1 1 Purpose of Public Hearing- A Public Hearing is being held to Consider a request from Sands Surveying Corporation for a Zoning Change from AG Agricultural to R-1-S Special Single Family on 1.961 acres known as Tract 2E in the J. Condra Survey located at 7317 Douglas Lane. Public Hearinq Schedule. Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 20, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, OCTOBER 8, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Beach, Walter M 7300 Shady Hollow Ln NRH Tx 76182 -7710 Marsh, Phillip E 7304 Shady Hollow Ln NRH Tx 76182 -7710 Loest, Craig S Etux Karen E 7368 Shady Hollow Ln NRH Tx 76182 -7710 Nigrelli, Vivian 7312 Shady Hallow Ln Fort Worth Tx 761 82 -7710 Vongkhaophet, H & B Thavone 124 Lonesome Trl Haslet Tx 76052 -4139 Burgess, Terri 7317 Shady Hollow Ln NRH Tx 76182 -7711 Trantham, Norman Etux Joan 8024 Hunter Ln NRH Tx 76182 -8708 Spencer, Glenn F 7305 Douglas Ln NRH Tx 76182 -7764 Jeffrey, Beverly J 7316 Shady Hollow Ln Fort Worth Tx 76182 -7710 Warner, Leroyce Etvir Steven A 7129 Greenhill Tri NRH Tx 76182 -7725 Ownsbey, Brian Etux Sharon 7133 Starnes Rd NRH Tx 76182 -7721 Gideon, Karen & Randy R Seale 1120 Boaz Rd Haslet Tx 76052 -3541 James, Jimmy L Etux Luanne 7312 Dustin Ct NRH Tx 76982 -9125 Current Owner 7320 Shady Hollow Ln. NRH Tx 76182 Brown, Philip G Etux Janice E 7321 Shady Hollow Ln NRH Tx 76182 -7711 Davis, Daniel Etux Angela 7709 Western Oaks Dr NRH Tx 76182 -7413 Sourber, David Etux (Dawn 7205 Woodbend Park Ref NRH Tx 76182 -7707 Burns, Vince L Etux Mary J 7308 Dustin Ct NRH Tx 75182 -9125 Birdville ISO Miller, Jason A Etux Amber D 6205 .Broadway Ave 7317 Douglas Ln Fort Worth Tx 76117 -4211 NRH Tx 76182 -7704 ORDINANCE NO. 3221 ZONING CASE ZC 2012 -10 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 1.959 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R -1 -S (SPECIAL SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.959 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit S from AG (Agricultural) to R -1 -S (Special Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 8th day of October, 2012. Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: '0111 w Oscar Trevino, Mayor John Pitstick, Planning & Development Director EXHIBIT A STATE OF TEXAS § COUNTY OF TARRANT THAT WE, Jason A. Miller and Amber D. Miller, Being the Owners of the following described property, to wit: BEING a 1.959 acre parcel of lard situated in the John Condra Surrey, Abstract No. 311, in the City of North Richland Hills, Tarrant County, Texas and being the Remainder - of that certain called 2.25 acre tract of land described in Deed from Randy R. Seale and Karen Seale Gideon to Jason. A. Miller and wife, Amber D. Miller and recorded in County Clerk's File No. D212198937 of the Deed Records of Tarrant County, Texas, said 1.961 acre parcel of land being more particularly described by metes and bounds as follows; COMMENCING at a PK Nail found for comer at the intersection of the West line of Douglas Lane (60 foot Right -of -Way), called "NEW ROW" according to the Right -of- Way Decd from SEAL -EON Investments to the City of North Richland Hills and recorded in County Clerics File No. D209304278 of the Official Public Records of Tarrant County, Texas with the South line of Starnes Road (60 foot wide Right -of -Way); THENCE South 00 °10'30" East with said "NEW ROW ' line a distance 10.00 foot to a Vz" iron rod with plastic cap marked "SANDS" set for comer at the South end of 10 foot by 10 foot corner clip at the intersection of the South line of Starnes Road (60 trot Right -of -Way) with the West line of Douglas Lane (60 foot Right -of -Way) in the East line of said 2.2.5 acre tract and being at the PLACE OF BEGINNING; THENCE South 00 East with said "NEW ROW" line a distance of 275.87 feet to a W' iron rod with plastic cap marked "SANDS" set for comer in the South line Of said 2.25 acre tract, same being the North line of that certain called Lot 8, Block 10 of Windcrest Addition, an addition to the City of North Richland Hill, Tarrant County, Texas, according to the Plat thereof recorded in Cabinet 388 -173, Page 9+6 of the Plat Records of Tarrant County, Texas; THENCE South 89 °06'00" West with the South line of said 2.25 acre tract and the North line of said Lot 8 for a distance of302.11 feet to a' /" iron rod with plastic cap marked "SANDS" set for corner at the Southwest corner of said 2.25 acre tract, the Northwest comer of Lot 7 of said Block 10 and being in the East line of Lot 3 , Block 10 of Windcrest Addition, an Addition to the City of North Richland Hills, Tarrant County, Texas, according to the Plat therco f reco rd ed in Cabinet 388 -121, Pagc 18 of said Plat Records; THENCE North 00 11 2737" West with the West line of said 2.25 acre tract and the East line of said Lot 3 for a distance of 2 80.2 9 feet to 'h" iron rod with plastic cap marked "SANDS" set for confer at the Northwest corner of said 2.25 acre tract, the Northeast corner of Lot 6, and being in the South line of said Starnes Road, at the beginning of a non- tangent curve to the left; THENCE with the North line of said 2.25 arc tract and the South line of said Starnes Road and with said non - tangent curve to the left having a radius of 3403.02 feet, a central angle of 02 °33`43 ", the chord of which bears North 87 °58'19" least- 152.16 feet for an acre distance of 152.16 feet to '' /" iron rod with plastic cap marked "SANDS" set for corner in the at the beginning of tangent curve to the right; THENCE continuing with said curve to the right, having; a radius of 3014.52 feet, a central angle of 02 °38'30 ", the chord of which bears North 88 0 00 1 43" East - 138.95 feet for an are length of 138.99 feet back to a %" iron rod with plastic cap inarked "SANDS' set for corner at the North end of the above referenced corner clip; THENCE South 45 °3725" East with said corner clip a distance of 14.15 feet back the POINT OF BEGINNING and CONTAINING: 85,351 square feet or 1.459 acres of land, more or less. 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( nm xyw -rrr n. _.. r evv e.es xme mme ea+.p res w"°.re a• ae d Qv. dc- H ,Rn .md d Row r - ovr . w n5 aT %o 7 -0 1 1 $ asee peg mw+,.d SAin9S T h, SvW4 a.. by }{IS__ -AI p' ._. - -L ' b NAI',u9 R! � it . -'". �� w �3 BOA' r I d w p� Aoel'fkw etlaSM1kw f ro Me CdY e4 ,v-wA Akd. d rMl4 iaro 6buwM eP friSP.IY I Av wtl p nLrd GrmAV Pao. 96 p} Nff Rkr *x+e 1 6 I I CKl lL�}rA1'LB'ia'L =rf99( ' L 40M®TSC'3/Y- fSLI /' 1 Rm T 1 , r rirovcd serm, zRrof w arar .,w, xro so�m m a s w rss — 1 -1 ow Aun 'ra II _ 1 p' M.v,l1 W . Ga C b ek'Mxe gin, f f I,, 36 ka and ✓IM phsrr "fAMf 1 rw M r Nd 225 eem o--4 h...r c a os> L F +rw-fi r r !d m um' mm=v aaa+R v IN. dpd d e 9 pl WinMrasr AdArw, mm AdAYtme b irwe�,er tcvAS JI M -f d h>th rr A. n I* a � or .nor Y vaw.a See -f2r Poo. to or wlwr,:a trymr [I cat 8 f [ " FNFNL£ ve.rx R'PYp3Y Hem! oh the Her Rm cd oe,. oxr rr;r Fbeb 3!8 7i tiw fe 3il � w ; Ls N 5 4 e 3 1 d.M w M k b � ^P 23 cos I � I • ! �, Hwfaemer p0 C« 6 d be4nv M Me Smuts lugs / tau pf ru ' Tm P0.0.YlHIIR E I ~ �n'� � � am ^4a'^ er akwelM M1rh, feeeHI, dkPf M n P2i a m mad M SmM Ne I rte. ax,.r I ��° 20_N1;YG AC IF 3 � 9 6„ seo aaod ra .µ e - w'm+mr b rn. kk hu.M/ m rmnw r x.Pz E - I,rRS d of BP S3 a5' Pi _bN rFkk Mm nx aR j 6T5,951. sq.£E. 0 I - IT bTYe � 18 W dw 152 I6 trod fv A' b N fSP. B !aI h k hat and I ,J 8 R h Ayr !+6f+L4 .4aMxf M r M M. f fAe ➢'mm9 M N.�mA y ` / RI. m a n4 +d[ f en9 Mfi eaW xure - ^g1L Iw n radFv. of 30 ;5P kN. a 1 �� n RW m1 98 f9 SV ". Mr Nnrd I rf mn A d94N p3" C 1 'non Lpf a l4 �' 1.959 eci'€A r _ I q rq krgra ttr •3d ➢F Nr. bvcA !r H kw and - n'npt'c , ..artnd edm»a.'.er � yl �9au1f a mvr of ewummw. e�nr b on rarer ii R! 1 .mGn 0.• fm. va • w tom, wr,r rapxN I I a} a.; ._ �. �Ym�/NTe I I ntocl� 1❑ I I lama R xr.ke "�- I r rn`eiaa.r.c'�r,n�wirwvl i zml� Rr I l i � �. I I lour wan Ivppymrt I ` I IanperR/f AdNnvn I 1 ter g I I I C I �am.r sea -fro. ,My. ae I I I 1 I 1� 1 I I I I I I I I I I I DN1sER S2lRYlfPR GRAPHIC SCAB .hems d !mtrer MYkr sovy 5— C-- ]3f] Ik br Gwp — kM d Nlx � RPP w,N'wr Y4r HyArar.d Yld@iC r Mrw I wmr I Rx; 81]- Tf3�iebP — S ', H+: eI ]- 335 -5P53 ZONING EXHIBIT 'AG' AGRIC4I -TURAL. DISTRICT TO "R -1 -S" SPECIAL SINGLE FAMILY RESIDENTIAL DISTRICT 7317 DOUGLAS LANE LOT 9, BLOCK 10 WINDCREST ADDITION AN ADDITION TO THE CITY OF NORTH RVCHLAND HILLS TARRANT COUNTY,TEXAS 1.981 ACRES OUT OF THE JOHN CONDRA SURVEYABSTRACT NO- 311 OCTOBER 2092 HRH CoSe 6 ZC 2012 -10 EXCERPT FROM THE MINUTES OF THE SEPTEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -10 Public Hearing and Consideration of a Request from Sands Surveying Corporation for a Zoning Change from AG Agricultural to R -1 -S Special Single Family on 1.961 acres known as Tract 2E in the J. Condra Survey at 7317 Douglas Lane. FP 2012 -09 Consideration of a Request from Sands Surveying for a Final Plat of Lot 9, Block 10, Windcrest Addition located on 1.961 acres at 7317 Douglas Lane. Jason Miller, 7317 Douglas Lane, NRH, came forward with a request to add "granny flat ", a 650 square foot addition to the south side of the home. In addition on the south west back corner of the property we want to build an accessory building of approximately 30x50. We have been working with Staff to rezone the property from Agricultural to R -1 -S. Chad VanSteenberg came forward stating ZC 2012 -10 and FP 2012 -09 are a Zoning Change and Final Plat requested by the property owners, Jason and Amber Miller, and the applicant, Sands Surveying for a 1.9 acre parcel at 7317 Douglas Lane at the southwest corner of Douglas and Starnes. The Zoning Change request would take the property from the current Agricultural zone to the R-1 -S Special Single Family zone and the Final Plat would create Lot 9 Block 10 of the Windcrest Addition. The purpose of these two requests is to allow the homeowners, which are new to the property as of August, the opportunity to receive various building permits for home additions and the construction of new accessory buildings. Any building permit which increases the size of the residence or adds new structures to the property requires property zoning and platting. The R -1 -S zoning is being requested specifically because of the rights granted in that district which respect to accessory buildings and livestock. They do not have any livestock presently but would like the option in the future to have horses on the property. The Final Plat and in the packets did have an error in the legal description that prevented the plat from closing properly, but the surveyor has now corrected that. All public improvements necessary to support the proposed Final Plat already exist and both and zoning and plat requests are constant with the Comprehensive and Thoroughfare plans and Staff does recommend approval. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak. Seeing none he closed the Public Hearing and entertained a motion. Don Bowen motioned to approve ZC 2012 -10 as proposed. The motion was seconded by Steven Cooper and passed unanimously (6 -0). APPROVED Mike Benton motioned to approve FP 2012 -09 as proposed. The motion was seconded by Don Bowen and passed unanimously (6-0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. D.1 FP 2012 -09 Consideration of a Request from Sands Surveying for a Final Plat of Lot 9, Block 10, Windcrest Addition located on 1.959 acres at 7317 Douglas Lane. Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of property owners Jason and Amber Miller, Sands Surveying Corporation is requesting approval of a Final Plat for one single - family residential lot of 1.959 acres at the southwest corner of Douglas Lane and Starnes Road. The ,plat would adopt the same lot, block and subdivision name structure as what surrounds it, thus being "Lot 9, Block 10, Windcrest Addition." A zoning change request from AC Agricultural to R -1 -S Special Single Family (Case ZC 2012 -10) is being considered in conjunction with this Final Plat. The purpose of these two requests is to allow the homeowners —new to the property as of August 2012 —the opportunity to receive various building permits for home additions and new accessory building construction. Any building permit which increases the size of the residence or adds new structures to the property would require proper zoning and platting. EXISTING SITE CONDITIONS: The property is currently unplatted and described as Tract 2E of the John Condra Survey, Abstract No. 311. The property is developed with a single family residence of approximately 2,130 square feet built in 1966 (Source: Tarrant Appraisal District). A tin -roof barn also exists on the property line along Starnes Road. The applicant has indicated that they wish to demolish this barn and its associated structures and build a new accessory building in the near future. THOROUGHFARE PLAN: The lot has frontage on both Douglas Lane and Starnes Road. iBoth roadways are designated as "C2U" Minor Collectors (60' ROW) and adequate right -of -way has previously been provided by this property. SURROUNDING ZONING # LAND USE: North: R -2 Residential 1 Low Density Residential East: U Institutional 1 Public/Semi-Public South: R -2 Residential 1 Low Density Residential West: R -2 Residential 1 Low Density Residential ROUGH PROPORTIONALITY: All public improvements necessary to support the proposed Final Plat currently exist. Therefore, the developer will not be required to assume the costs for the construction of public infrastructure at this time. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item on September 20, 20112 and voted 6-0 to recommend approval. STAFF RECOMMENDATION: Approval of FP 2012 -09. LOCATION MAP FTI I F1 � l � N � 1 �� �O m t o � � 4 I Starnes Rd ��I�IX�111 J O y 2 S C� 4 I North Ridge Middle School AERIAL PHOTO Starnes Rd +� t l��rEf EIEr !R k olmh I. North Ridge' liddle CEP 80 e FINIAL PLAT ad 6 I I I I � I I l �£R N e BAavk V3 rx afidc•Fld Ak I 1111 1 1 r Mofary IWIlRr M and ra t¢rrvnf Cowry �� M>tixlf L 1 Lar 3 uww P,A iGI�Pr is tl r P.p r;GT � I � -. 1.961 ACRES OUT OF THE JOHN CQNORA SURWEYAB9TRAC7 NO. 351 le...e k 7 OCTOBER 2012 .:...,...� ._.....__...— _ -.._. roR,dme r eddmA. I caw:w.l sda la :, P,�, { I ul id , PATE NRH Casa 4 FP 2012 -09 ',; S } 1 i I� E ��E eJ _ �dLL0.Ylaa Ia ' I 1 I I ad 6 I I V SNAROt' t- lJAIi' Lxl'.rd.lT' CYAl0YJ1®pr9Yl�IFlp' OYOIQ�f8T.9d'I.PY -ddL 1Y � I I l LOT 9, BLOCK 10 .l.;= % a: dRe e e,m, w�r• .� rewmwr«.r awe neA�ew,.a re ,nr xnw Ww ut e. Prswelaln M - d IAe mme !y Me Pu and crosblwA2,ne NrreM ea/memd, and Vn Mofary IWIlRr M and ra t¢rrvnf Cowry � rq. H' 1Nr+lti abN1 AN ADDITION 70 THE +a. -_ —. dh r YT -. r •.rr•d. R..r_., -w, aw a. .nr .,w..,aaa, a, m• dn+a..a .,y 4 L0 5 1.961 ACRES OUT OF THE JOHN CQNORA SURWEYAB9TRAC7 NO. 351 le...e k 7 OCTOBER 2012 .:...,...� ._.....__...— _ -.._. roR,dme r eddmA. I caw:w.l sda la :, P,�, { I ul id , PATE NRH Casa 4 FP 2012 -09 ',; S } 1 i I� E Ia ' I 1 I I BLOCK to { I - Avww ------- - - - - -- ' efI I ___i ili LnrB 1� 1 w 9 �eY rFl I e.1 a l i l I wwmeel Aenaro� I I I I I tl P•Nn! .s� -rca Flan vd y I I I 11 III I � rn.AR surrrrrur PNmNO nad z•� r�mrr9A.n er // x�.An x�nra.,e rye, rrea..amd ofhmd�YNr an fake _ •f _ fn 2Oit. nr - saw m-.., ra�,arai<, w •�e.«mrwd �r�•l or w,vPred 1 Ma cvi reanf..r. ilia e w d '.izz as _ rvea w Tl r6P w ]d'yl� Chaw,nw� Phwn:•v all Zm ibmm.aa�w - ,sJ.Jt ar JtxA? !�r Wt N n. AM d A Wr A MWr Gr: w O.w eb fM Idb s ., 1 Iy� JS f Illy ef Imdee M I rr» i� I.B MM WY1 f =� R I � m ud. f i i %! wrc r Am hd. W'wv dexnbed 8 he ud ['lP1AY£ACA ff I - T f- W . el Mn Fwh.,a W 6Vt r 115er W. e1 lbW.Ua La+e !bP F f 91p+.- ai -Wny} W! d 1" w Abw` rrcus4p Ys M d fo L C a NmC20A£a1Z98 of M r OHwkWa 8e Jw+em' G M J.ra M M Snnh• W. 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INAtrr Z Am1w A W&I do Mrc wy 1PN f mn VM !nd A, xa�,b, � •; :.a, and aa, .: r` � e awe ;"1 Nb Pbf l VICINIIYMAP rp - MV wv awrnen a . war +dr r re drmn w �.+.e r�d • ..ate .�m��.� w. e ab s sv nor.. n dF. o• vr• ��6�e,e� or ' =.1 r € w— v yaw In n.wu rn V ter we o 2 one xam a m 7 awry Aabn axPl'rca' obr ro PereafnAy == n=1 1 pearad &n Ax' R, dM'. x m b me b to rM1e ywann ernx n .x.vxaa a• wra�eaag w uudn..M..l Cad �ne,�ex ro r m NarM eepr•imY. and !ha sgvcw#y fkrvrh aNhA sxr of ]rs adaz Prrr eiT�sxs -szss - -- eaulir or —U r kJ � a.. M m d afa. r n LOT 9, BLOCK 10 .l.;= % a: dRe e e,m, w�r• .� rewmwr«.r awe neA�ew,.a re ,nr xnw Ww ut e. Prswelaln M - d IAe mme !y Me Pu and crosblwA2,ne NrreM ea/memd, and Vn Mofary IWIlRr M and ra t¢rrvnf Cowry � rq. H' 1Nr+lti abN1 AN ADDITION 70 THE or ' =.1 r € w— v yaw In n.wu rn V ter we o 2 one xam a m 7 awry Aabn axPl'rca' obr ro PereafnAy == n=1 1 pearad &n Ax' R, dM'. x m b me b to rM1e ywann ernx n .x.vxaa a• wra�eaag w uudn..M..l Cad �ne,�ex ro r m NarM eepr•imY. and !ha sgvcw#y fkrvrh aNhA sxr of ]rs adaz Prrr eiT�sxs -szss m dm.r ,wr Head awe r•e+ wr orrrar 1nrc wr ar sPea FINAL PLAT � LOT 9, BLOCK 10 cul"Hic :scux Ww ut e. Prswelaln WINDCREST ADDITION . s w s whw.e coy rb R ✓ ro air eJ r+.rns RlabbM M'Mx r :.wed nrrAm,wrv,ry A, 1 s re er J - a dn w raaar rNw ie Rrsr r « o wwr AN ADDITION 70 THE +a. -_ —. dh r YT -. r •.rr•d. R..r_., -w, aw a. .nr .,w..,aaa, a, m• dn+a..a .,y 4 CITY OF NORTH RICHLAhID HILLS , TARRANT COUNTY,TEXAS 1.961 ACRES OUT OF THE JOHN CQNORA SURWEYAB9TRAC7 NO. 351 le...e k 7 OCTOBER 2012 .:...,...� ._.....__...— _ -.._. IRIS PLAT FILED AS INST. NO, D , PATE NRH Casa 4 FP 2012 -09 ',; EXCERPT FROM THE MINUTES OF THE SEPTEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -10 Public Hearing and Consideration of a Request from Sands Surveying Corporation for a Zoning Change from AG Agricultural to R-1 -S Special Single Family on 1.961 acres known as Tract 2E in the J. Condra Survey at 7317 Douglas Lane. FP 2012 -09 Consideration of a Request from Sands Surveying for a Final Plat of Lot 9, Block 10, Windcrest Addition located on 1.961 acres at 7317 Douglas Lane. Jason Miller, 7317 Douglas Lane, NRH, came forward with a request to add "granny flat ", a 650 square foot addition to the south side of the home. In addition on the south west back corner of the property we want to build an accessory building of approximately 30x50. We have been working with Staff to rezone the property from Agricultural to R -1 -S. Chad VanSteenberg came forward stating ZC 2012 -10 and FP 2012 -09 are a Zoning Change and Final Plat requested by the property owners, Jason and Amber Miller, and the applicant, Sands Surveying for a 1.9 acre parcel at 7317 Douglas Lane at the southwest corner of Douglas and Starnes. The Zoning Change request would take the property from the current Agricultural zone to the R -1 -S Special Single Family zone and the Final Plat would create Lot 9 Block 10 of the Windcrest Addition. The purpose of these two requests is to allow the homeowners, which are new to the property as of August, the opportunity to receive various building permits for 'home additions and the construction of new accessory buildings. Any building permit which increases the size of the residence or adds new structures to the property requires property zoning and platting. The R -1 -S zoning is being requested specifically because of the rights granted in that district which respect to accessory buildings and livestock. They do not have any livestock presently but would like the option in the future to have horses on the property. The Final Plat and in the packets did have an error in the legal description that prevented the plat from closing properly, but the surveyor has now corrected that. All public improvements necessary to support the proposed Final Plat already exist and both and zoning and plat requests are constant with the Comprehensive and Thoroughfare plans and Staff does recommend approval. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak. Seeing none he closed the Public Hearing and entertained a motion. APPROVED Don Bowen motioned to approve ZC 2012 -10 as proposed. The motion was seconded by Steven Cooper and passed unanimously (6 -0). APPROVED Mike Benton motioned to approve FP 2012 -09 as proposed. The motion was seconded by Don Bowen and passed unanimously (6 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. E.0 PUBLIC WORKS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. E.1 PW 2012 -029 Approve an Interlocal Agreement with Tarrant County for the Partial Funding of Project Costs for the Rufe Snow Drive Street & Utility Improvements (Mid- Cities Boulevard to Hightower Drive) Project Presenter: Gregory Van Nieuwenhuize, City Engineer Summarv: The City Council is being asked to approve an Interlocal agreement with Tarrant County which authorizes Tarrant County to fund up to $600,000 of the project costs for the Rufe Snow Drive Street & Utility Improvements (Mid - Cities Boulevard to Hightower Drive) Project (ST0202). General Descrir)tion: Presently, the Rufe Snow Drive Street & Utility Improvements (Mid - Cities Boulevard to Hightower Drive) Project (the "Project ") is funded with 2003 bond funds, General Capital Improvement Project project savings and a grant through the North Central Texas Council of Governments. In addition, Tarrant County also approved a portion of the funding from their 2006 Bond Program. The Project is slightly longer than one mile and stretches from Mid - Cities Boulevard to just north of Hightower Drive to approximately Ridgetop Road. Design for the Project is approximately ninety percent (90 %) complete and Right -of -Way acquisition has begun. Construction is anticipated to take approximately 18 months and will provide for two (2) northbound lanes and two (2) southbound lanes during construction. However, there will not be a continuous center turn lane during construction. Upon completion of construction, this section of Rufe Snow Drive will have three (3) northbound lanes, three (3) southbound lanes and a continuous left turn lane. Tarrant County has offered to fund up to $600,000 towards the Project's project costs which are defined as the costs associated with planning, surveying, engineering, ROW acquisition and any governmental approvals. The Interlocal Agreement from Tarrant County clearly lays out the terms of reimbursement of the available $600,000 in Tarrant County bond funds. Additionally, the Agreement provides for: • The County to reimburse NRH 50% of the project costs, or an amount of $600,000, whichever is less. • NRH to provide a monthly progress report documenting the project's construction rate to the County. • Any public notice type construction signage is to recognize the funding from the 2006 Tarrant County Bond Program. • The agreement also includes a schedule of funds availability, which indicates that the full amount of Tarrant County's funding will be available on January 1, 2013. The City Attorney has reviewed the Interlocal Agreement and found it acceptable. Recommendation: Approve the Interlocal Agreement with Tarrant County for the Partial Funding of Project Costs for the Rufe Snow Drive Street & Utility Improvements (Mid- Cities Boulevard to Hightower Drive) Project (ST0202) m Rufe Snow Dr geMM� G i 4 � uOL Street & Utility Improvements s w M id -Cities Blvd -s to Hightower Dr) HIGHTOWER DR [ITEA-21 E HAPMAN RD s ^4aP/AANRC NORTH RICHLAND HILLS MID -GITI S BLVD g Rufe Snow Dr Street & Utility Improvements (Mid- Cities Blvd to Hightower Dr) [ITEA -21 ] Z Project Locator Map STATE OF TEXAS § § Interlocal Agreement COUNTY OF TARRANT § This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and City of North Richland Hills, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a needed transportation project within the boundaries of both parties which the Commissioners Court and the governing body of the CITY find serves a public purpose and the public welfare of the citizens of Tarrant County. The COUNTY and the CITY make the following findings of fact: 1. This agreement is made pursuant to Chapter 791 of the Texas Government Code; Z. To the extent necessary the parties will use current revenues to pay obligations in this agreement; 3. The project benefits the public in that it is a needed transportation project; 4. The COUNTY and the CITY each has the legal authority to perform its obligations in this agreement; and 5. The division of costs provided in this agreement constitute adequate consideration to each party. I. PROJECT DESCRIPTION This project will provide for final design plans related to the widening of Rufe Snow Drive from Mid- Cities Boulevard to Hightower Road. I. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following: Interlocal Agreement Transportation Bond 7006 -2007 Page 1 A. All as -built total project costs including all construction cost, right of way acquisition, planning, engineering, surveying and governmental approval cost (collectively referred to as "Costs "); B. Construction agreement administration, site review, permitting and inspection; C. Interagency cooperation; D. A monthly progress report documenting the percent complete for each major component of the project shall be provided to the COUNTY; E. CITY will notify the COUNTY on completion of the project. F. CITY will include the following language on all on -site public notice signage: "This project is funded by the City of North Richland Hills and the Tarrant County Commissioners Court through the 2006 Tarrant County Bond Program" III. TERM This agreement will conclude with the ending of the current fiscal year unless terminated sooner per Section XI of this agreement. Ill. COST COUNTY agrees to reimburse CITY either $600,000 of its Costs or 50 0 /0 of its Costs, whichever amount is less. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. However, in the event that the schedule is delayed, the COUNTY is excused from paying until the successful completion of the scheduled phase of the project as reasonably determined by the COUNTY. The CITY will provide certification signed by the CFO or authorized official that the work has been completed and that the funds being requested have been expended. CITY understands that CITY will be responsible for any other expenses incurred by CITY in performing the services under this agreement.. Interlocal Agreement Transportation Bond 2006 -2007 Page 2 V. AGENCY - INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. CITY agrees that the COUNTY will have no right to control the manner or means of construction of the project. VI. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this agreement without the prior written consent of the other party. VII. THIRD PARTY BENEFICIARY EXCLUDED No person other than a party to this agreement may bring a cause of action pursuant to this agreement as a third party beneficiary. This agreement may not be interpreted to waive the sovereign immunity of any party to this agreement to the extent such party may have immunity under Texas law. VIII. AUDIT OF RECORDS CITY`s records regarding this project shall be subject to audit by the COUNTY during the term of this agreement and for two years after the completion of the project. IX. ENTIRE AGREEMENT This agreement represents the entire understanding of and between the parties and superseded all prior representations. This agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This agreement shall be governed by the laws of the State of Texas and venue for any action under this agreement shall be in the district courts of Tarrant County, Texas. Interlocal. Agreement Transportation Bond 2006 -2007 Page 3 X. SCHEDULING CITY agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY of any changes to the funding disbursement schedule 30 days in advance. Such notification will be in the form of written correspondence delivered by regular mail. xI. TERMINATION Until funded by the COUNTY as described in Paragraph IV this agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this agreement, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return - receipt, postage prepaid, addressed as follows: COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 CITY: City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 APPROVED on this day the County, TARRANT COUNTY STATE OF TEXAS County Judge day of , 20 , by Tarrant Commissioners Court Order No. CITY Signature Interlocal Agreement Transportation Bond '2006 -2007 Page 4 CERTIFICATION OFA BAILABLE FUNDS IN THE AMOUNT OF $ Certification of Funds Available as follows: Fiscal year ending September 30, 2007 $ Fiscal year ending September 30, 2408 $ Fiscal year ending September 30, 2009 $ Fiscal year ending September 30, 2010 $ Fiscal year ending September 30, 2011 $ Fiscal year ending September 30, 2012 $ Fiscal year ending September 30, 2413 $600,000 All future wears funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2014 Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 Auditor's Office APPROVED AS TO FORM. APPRO VEDAS TO FORMA ND CONTENT' District Attorney's Office* City Attorney *By law, the District Attorney's Office may only advise or approve agreements or legal documents on behalf of its clients. It may not advise or approve a agreement or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s), Interlocal Aareement Transportation Bond 2006 -2007 Page 5 ATTACILMENT A Proiect Information City: City of North Richland Hills Project Name: Widening of Rufe Snow from Mid - Cities Blvd. to Hightower Proposed Proiect Schedule Start Date Duration (mo) End Date Design: Mar -2008 62 Jun -2013 ROW Acquisition: - - - Utility Relocation: - - - Construction: - - - COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable deterinination that the work regarding the project phase for which payment is expected is successfully completed., as detcrmined by the COUNTY. COUNTY plans to issue debt for all phases of this project. therefore payment remains contingent on debt issuance in accordance with applicable law. Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be determined by the COUNTY. Proposed County Pavment by Phase Design. $600,000 ROW Acquisition: $ Utility Relocation: $ Construction: $ County Funding 2008 Total: $600,000 Proposed County Pavment by Calendar Ouarter (SUBJECT TO CHANGE) Interlocal Agreement Transportation Bond 2006 -2007 Page 6 l' [quarter 2" Quarter 3,d (quarter 4"' (quarter 2007 $ S $ $ 2008 $ S $ $ 2009 $ S $ $ 2010 $ S $ $ 2011 $ S $ $ 2012 $ S $ $ 2013 $ S600,000 $ $ 2014 $ S $ $ 2015 $ S $ $ 2016 S S $ $ Interlocal Agreement Transportation Bond 2006 -2007 Page 6 M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. E.2 PW 2012 -030 Approve Change Order with LH Lacy Construction Company Ltd. in the amount of $351,708.18 for the Construction of the North Tarrant Parkway Project (ST0201) Presenter: Mike Curtis, Managing Director Summary: Council is being asked to approve a reconciliation change order (the work has already been performed) in the amount of $351,708.18 for the construction of the North Tarrant Parkway Project. This amount represents extra work that has been requested from North Richland Hills and Keller. Even though North Richland Hills will need to amend the contract for the total amount, approximately $22,745.90 actually represents the total amount of NRH funds that are ultimately required. The majority of the change order amount is the responsibility of Keller and reimbursement from Tarrant County. General Descrir)tion: On January 25, 2010, the City of North Richland Hills City Council awarded a construction contract to LH Lacy Company Ltd. for the construction of the North Tarrant Parkway project, a joint project with the City of Keller. The project also has a major funding partner with Tarrant County paying for $5% for a large portion of the project as part of the 2008 County Bond Program. Construction began in March 2010, with an anticipated end date of August 2011. For a myriad of reasons the project was completed beyond that original end date. This 3.5 mile major arterial roadway project included not only paving, but accompanying major drainage infrastructure, utility adjustments, traffic signal upgrades, as well as landscaping and irrigation components. The project was designed to tie into existing travel lanes in portions of Keller, whereas it was a new expansion in North Richland Hills, as a 2 -lane asphalt roadway was all that existed prior to the project. The project is comprised of three sections defined below. • Base Bid I: Whitley Road to Keller City Limit. Improvements in this portion of the project are paid for entirely by the City of Keller. • Base Bid II: Smithfield Road to west of Davis Boulevard. Improvements in this portion of the project are paid for entirely by the City of North Richland Hills. • Base Bid III: (Joint Section) Keller City Limit to Smithfield Road. Improvements in this portion of the project are paid for by both Keller and NRH on a 50150 basis. The total change order amount represents changes that have occurred in all three of these sections. The table below indicates the breakdown of the total $351,708.18 by section and City. It also indicates what portion of the change order is estimated to be covered by Tarrant County. Tarrant Change Order Keller NRH County Base Bid 1 $252,486.03 $88,370.11 - $164,115.92 Base Bid II $30,754.43 - $10,764.05 $19,990.38 Base Bid III $68,467.72 $11,981.85 $11,981.85 $44,504.02 $351,708.18 $100,351.96 $22,745.90 $228,610.32 As indicated in the table above the majority of the change order can be attributed to Base Bid I, the Keller portion of the project. The additional expenses in the project areas directed by North Richland Hills (Base Bids II & III) are primarily comprised of a few key items: 1. Concrete Paving overrun — More side street pavement had to be replaced than was originally estimated. 2. Concrete Sidewalk overrun — More sidewalk quantity was required than estimated. 3. An additional turn lane was added outside of the original scope of the project. 4. Additional retaining walls were needed. This change order represents the fourth Change Order (CO #4) for the project. The table below summarizes the change orders previously approved. Original Contract Amount $14,710,500.38 CO #1: (NRH) Outfall Channel Stabilization $ 27,725.12 CO #2: (Keller) Median Irrigation Upgrade $ 71,103.50 CO #3: (Keller) Additional Signal Light $ 182,166.50 Staff from both cities have reviewed the change order being submitted by the contractor and agree that it is correct. While it is not customary for NRH staff to bring Council change orders for work that has already been completed this project was unique by having two cities involved and a third entity providing the majority of the funding. Some of the work by the contractor got ahead of the formal contract change. Recommendation: Approve CO #4 in the Amount of $351,708.18 to LH Lacy Company Ltd. for the construction of the North Tarrant Parkway Project. North Tarrant Pkwy Street Imp. (Davis Blvd to Whitley Rd) UT ffi W-1 g North Tarrant Pkwy Street Imp. (Davis Blvd to Wh itl ey Rd) N @) R T H RICHLAND H I L LS ;ej77rwwMTrV M WAY ": !O—d.-d Uq.'ClP 6 NTPZV. b: O*M.M—d 0" —1 :38 Prcqec Locaior Map M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject Agenda Item No. F.0 GENERAL ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. F.1 GN 2012 -084 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2012 -026 Presenter: Larry Koonce, Director of Finance Summarv: In the 2012/2013 Capital Projects Budget, City Council approved items that may be funded with certificates of obligation or general obligations bonds sometime in fiscal year 2013. In the meantime, there may be a need to get the bidding and awarding of some contracts underway. Some of the approved projects may require funding prior to the bond sale. General Descrir)tion: In order to reimburse expenditures with the proceeds of future debt, Council is legally required to approve a resolution to this affect. Council approved a similar resolution in November 2011. The resolution presented for Council approval includes projects that may be reimbursed with proceeds from the 2013 bond sale. The budgeted projects include: • 2003 bond election G.D. Smithfield Road $710,000 • 2003 bond election G.O. Animal Adoption & Rescue Center $1,300,000 • C.O. Dump Truck Replacement $105,000 • C.D. Rescue Pumper Replacement $000,000 The total to be reimbursed with 2013 bond proceeds will not exceed $2,775,000. Staff anticipates the actual amount expended before the bond sale will be much less than this. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. Approval of the resolution will allow the City of North Richland Hlills to reimburse any of these expenditures with proceeds from the planned 2013 bond sale. Recommendation: To approve Resolution No. 2012 -026. M RH RESOLUTION NO. 2012 -026 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RIC'HLAND HILLS, TEXAS: SECTION 1. THAT the City of North Richland Hills, Texas (the "Issuer ") intends to issue debt for street and drainage and utility improvements, and an Animal Adoption and Rescue Center Facility, (collectively, the "Projects ") and further intends to make certain capital expenditures with the proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150 -2 (the "Regulation "), to fund such reimbursements with the proceeds of tax - exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax - exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $2,775,000. PASSED AND APPROVED this the 8th day of October, 2012. 1_1a11 36 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney f 1, �:191 7 1=1 D1 :1'1 t*i0I0] `r 10 =1 ►16 311 V go]a►[a]A9:1NIs]:1��1►1�1a1�� -� Oscar Trevino, Mayor Larry Koonce, Director of Finance M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. F.2 PU 2012 -027 Authorize a contract with Quorum Architects for architectural services for the animal shelter and adoption facility Presenter: Jimmy Perdue, Director of Public Safety Summarv: City Council is being asked to authorize the City Manager to execute a professional services contract with Quorum Architects in the amount of $362,000 for the design 1 implementation of the new animal shelter and adoption facility. The approved project includes $3,400,000 in budget funding (total project cost) for the proposed new animal shelter and adoption facility to be located adjacent to the existing animal shelter at the corner of Dick Fisher Drive South and Iron Horse Blvd. General Description: The City issued a request for qualifications (RFQ 07 -1338) on 01/18/07 for interested firms to submit their qualifications to design a new animal services facility. A review committee was appointed by the City Manager and they reviewed the five (5) responses received. The committee interviewed two (2) firms in March of 2007 and unanimously selected Quorum Architects to design the future animal shelter. A contract to perform the initial planning and needs assessment phase of the project was executed in June of 2007. This original selection was conducted with the intent of a phased agreement - initial design concepts, and then with identification and confirmation of funding avenues, move forward with the implementation phase and production of construction documents, bidding, and construction administration. This is the juncture we are at today with this contract - implementation. Quorum was involved in the initial master planning and conceptual work that led to the preferred concept. They have worked with staff who have a rapport, as well as a trust and confidence in their capabilities. North Richland Hills has explored several avenues for moving forward with this project the past several years, at times awaiting other funding sources, and others seeking opportunities to partner with neighboring cities to share costs. Quorum has served as a continued resource during this process to North Richland Hills offering assistance with planning options, budgetary input, etc. Since the initial selection in 2007, Quorum has only added to their portfolio, regional presence, and subject matter expertise in animal shelters with the addition of the Lewisville, Carrollton, Farmer's Branch, and Cedar Hill Tri -City projects, not to mention Richardson, White Settlement, Hickory Creek, and Rockwall. If they were clearly the most qualified choice in 2007, they have separated themselves from other market providers even further over the past five years as the top animal shelter expert and obvious choice. City staff contacted many of the cities where Quorum has completed their work and received high praise from each one contacted. In addition staff reached out to the City Manager's office from many of the cities about the relationship between Quorum and the respective city's leadership team including City Council. As before, the references were stellar„ and some of the comments heard from the variety of city staff were: - outstanding - they "listen" to staff - they deliver buildings that "work" - they understand the "flow" and "process" and "they get how we do it" - utmost confidence in Quorum - very hands -on during construction - they add "value" along the entire process at every stage - "worked with our tight budget" - easy to work with - always looking for state -of- the -art concepts yet stay grounded with "practical solutions that meet budgets" - we "highly recommend" them - they stay with you after move -in - great at exploring "options" - understand the "people" side of the operations as well as the "animal" side If there was one benchmark of Quorum's service that everyone highlighted, it was the "value" they add. They have a depth of experience with very tight and limited budgets, and the talent and experience to seek and explore creative ways to leverage and maximize a project program and fully utilize precious funds. Quorum Architects has completed over twenty (20) animal shelter projects, almost all in the north Texas area with recently opened facilities in Lewisville, Carrollton, and Cedar Hill. They are a Fort Worth firm, one that will be close and responsive to the needs of this project and North Richland Hills. Quorum focuses on municipalities, be it animal shelters or service centers, and the best testament to their quality of service and the delivered facilities is the "repeat" business with cities / clients, many just like Richardson where they are starting their fourth project related to the animal shelter over the past two decades. Staff has negotiated with Quorum to arrive at a project budget that includes the fee for architectural services. The total contract amount ($362,000) equals approximately 12% of the current construction budget or 10.6% of the total project budget. After the contract has been executed and the Notice to Proceed is issued by the City, it is anticipated that design services will take approximately 6 — 7 months. Funds from the donations account will be used to pay for these services. Recommendation: To authorize the City Manager to execute a professional services contract with Quorum Architects in the amount of $362,000 for the design f implementation of the new animal shelter and adoption facility. �a J Document B101'� -2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Architect client identified as the Owner: ADDITION$ AND DELETIONS: (Name, legal starts, address and other information) The author of this document has added information needed for its City of North Richland Hills completion. The author may also 73(31 N,E. Loop 820 have revised the text of the original North Richland Hills, TX 76180 AEA standard form. An Additions and Deletions Report that notes added Telephone Number: (8 17) 427 - 6400 information as well as revisions to the Fax Number: (817) 427 -6404 standard form text is available from the author and should be reviewed. A and the Architect: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information Quorum Architects, Inc. and where the author has added to or 707 W. Vickery Blvd, deleted from the original AIA text. Suite 101 This document has important legal Fort Worth, TX 76104 consequences. Consultation with an Telephone Number: 817 - 73$ -$095 attorney is encouraged with respect Fax Number: 817- 738 -9524 to its completion or modification. for the following Project: (Name, location and detailed description) North Richland Hills Animal Shelter and Adoption Facility Adjacent to the existing Animal Shelter at 7200 Dick Fisher Dr. South North Richland Hills, TX 76180 New animal shelter and adoption facility The Owner and Architect agree as follows. AIA Document B101 TM — 2407 formerly 6151 TM — 1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AJA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under l the law. This document was produced by AIA software at 09:18:13 on 0910612012 under Order No.4349212572_1 which expires on 0712512013, and is not for resale. User Notes: (1261459557) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 5 COST OF THE WORT. 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A„ Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site and program, 0lvner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method and other information relevant to the Project.) This project is based generally upon a concept plan, option 3, developed by Quorum Architects, Inc., dated July 3, 2407. The total project budget is set at $3.4 million and includes construction costs and related project soft costs. Refer to Exhibit 'C' for preliminary cost summary. § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: Generally, Design and Construction Documents will be developed from September 2012 through February 2013 (approximately ); Bid in March 2013, with Construction from April 2413 through April 2414, .2 Substantial Completion date: Estimated April 2014 AIA Document 8101 TM' — 2007 formerly 8151' — 1997). Copyright * 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This A1A Document is protected by U.S Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of 2 this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 09.18:13 on 0910612012 under Order No.4349212572_1 which expires on 0 712 512 01 3, and is not for resale. User Notes: [1261459557] § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2;4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) 1 General Liability Reference Exhibit B .2 Automobile Liability Reference Exhibit B .3 Workers' Compensation Reference Exhibit B .4 Professional Liability Reference Fxhibit B ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the AIA Document 8101 — 2007 fformerly 8151 T -1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA t " Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of 3 this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:18:13 on 09/06/2012 under Order No.4349212572_1 which expires on 0712512013, and is not for resale. User Notes: (1261459557) Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 3.2 SCHEMATIC DESIGN PHASE SERVICES 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches, The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3..2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices, efficient HVAC system performance applicable to the intended function, and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval AIA Document B7 01i —2007 formerly B151TM — 19971. Copyright 5 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AJA Document is protected by U.S Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 4 r the law. This document was produced by AIA software at 09:18:13 on 09/06/2012 under Order No.4349212572_1 which expires on 07125/2013, and is not for resale. User Notes: (1261459557) § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 14.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms, (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions), The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.22.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 providing electronic Bidding Documents for distribution to prospective bidders; .2 maintaining a log of distribution; .3 organizing and conducting a pre -bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and AIA Document 8101 T � — 2007 formerly B151 — 1997). Copyright @ 1974. 1978, 1987, 1997 and 2047 by The American Institute of Architects. Ail rights Init. reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 5 this AIA Document, or any portion of it, may result in severe civlt and criminal penalties, and will be prosecuted to the maximum extent passible under 1 the law. This document was produced by AIA software at 09:1$:13 on 09/0612012 under Order No.4349212572_1 which expires on 0712512013. and Is not for resale. User Notes: (1261459557) .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) § 3.5.2.4 The procurement and project delivery method shall be designated by Owner's City Council, pursuant to Texas Local Government Code section 271.114. § 3.5.2.5 As used in this Agreement, the terms "Bids" or "Bidding " shall include any method of competitive procurement permitted under the Texas Local Government Code Chapter 271. § 3.51.6 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201r' -2007, General Conditions of the Contract for Construction. § 3..6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Article 12, Exhibit A, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work.. § 3.6.2.2 The Architect shall reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will recommend to Owner additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed, or completed. However, neither this authority of the .Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. Architect shall promptly notify Owner and Contractor, orally and in writing, of any observed fault or defect in the Project or nonconformance with Contract Documents, upon discovery of the defect or nonconformance, and shall notify Owner of all corrective actions taken or recommended. The testing or inspections required by this Section are subject to the requirements of Chapter 271 of the Texas Local Government Code AIA Document B101 TM — 2007 formerly B151 — 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:18:13 on 09/0612012 under Order No.4349212572_1 which expires on 07/25/2013, and is not for resale. User Notes: (1261459557) § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract. Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 3.6,33 The Architect shall maintain a record of the Applications and Certificates for Payment. 3,614 The Architect shall document all meetings and decision made throughout the course of the Project and shall provide copies to the Owner and to the Contractor. 3.6.4 SUBMITTALS 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect- approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4,3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely AIA Document B101 TM — 2007 gformerly 6151 T M — 19971. Copyright O 1974, 1978, 9987, 1997 and 2007 by The American Institute of Architects. AN rights [nit. reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AlO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by A]A software at 09:18:13 on 09106/2012 under Order No.4349212572_1 which expires on 07/2512013, and is not for resale. User Notes: (1261459557) upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents, The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The .Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6,4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3,6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The .Architect shall ;maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract. Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6,6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second colunln of the table below. In the third cohnnn indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identijy the exhibit.) AIA Document 8101 T" — 21)07 formerly 8151 — 19971. Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AI I rights Init. reserved. WARNING; This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AJO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:18.13 on 09106/2012 under Order No.4349212572_1 which expires on 07/2512013, and is not for resale. User Notes. (7261459557) Additional Services Responsibility Location of Service Description (Architect, Ovmer (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified below) § 4.1.1 Programming NIA § 4.1.2 Multiple preliminary designs NIA § 4.1.3 Measured drawings NIA § 4.1.4 Existing facilities surveys NIA § 4.1.5 Site Evaluation and Planning (B203TM- 2007) N/A - - § 4.1.6 Building information modeling NIA I, § 4.1.7 Civil engineering Architect § 4.1.8 Landscape design - - Architect 4.1.9 Architectural Interior Design (B252T I NIA 4.1.10 Value Analysis (B204Tm -2007) NIA 4.1.11 Detailed cost estimating NIA § 4.1.12 On -site project representation { NIA § 4.1,13 Conformed construction documents NIA § 4.1.14 As- Designed Record drawings I NIA ! § 4.1 .15_ As- Constructed Record drawings Arc I § 4.1.16 Post occupancy evaluation NIA § 4.1.17 Facility Support Services (B210TM -2007) I NIA 1 § 4.1.18 Tenant - related services I NIA � § 4.1.19 Coor dination of Owner's consultants NIA § 4.1.20 Telecommunications /data design Architect /Owner § 4.1.21 Security Evaluation and Planning NIA (B206Tm -2007) § 4.1.22 Commissioning (B211TM -2007) NIA § 4.1.2 E environmentally responsible design NIA I 1 1 - 0 ,114 LEED Certification (B214 -2007) NIA 4.1.25 Fast -track design services N/A 4.1.26 Historic Preservation (B205TM -2007) N/A § 4.1.27 Furniture, Furnishings, and Equipment Design Architect/Owner (B253TM -2007) § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. Civil engineering and Landscape design (4.1.7 and 4.1.8) will be provided by Architect and their consultants as Additional Services under this Contract. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 43 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3,1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in -depth material research, energy modeling, or LEEDi certification; AIA Document 13101 i°' — 2007 formerly 13151'"' — 1997). Copyright 9) 1974, 1978, 1987, 1997 and 2407 by The American institute of Architects. All rights Init. reserved. WARNING This AiA� Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of 9 this AIA Document, or any portion of it, may result to severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 09:18:13 on 09/06/2012 under Order No,4349212572 - 1 which expires on 07!25!2013, and is not for resale. User Notes: (1261459557) .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients;. .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, public presentations, meetings or hearings; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner- provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of 'Substantial Completion identified in Initial Information, whichever is earlier. (Paragraphs deleted) § 4.3.4 If the services covered by this Agreement have not been completed within Twenty ( 20 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 [unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights, § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 Owner's City Council, by majority vote, is the only representative of Owner, a municipality, having the power to enter into or amend a contract, to approve changes in the Scope of the Work, to approve and execute a Change Order or Construction Change Directive modifying the Contract Sum or Guaranteed Maximum Price, agree to an extension of the dates of Substantial Completion or Final. Completion, or approve changes in the Architect's compensation. AIA Document 8101 T"^ — 2007 formerly B151TM — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Ala rights taut' reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11D this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 0918:13 on 09106/2012 under Order No.4349212572_1 which expires on 07/2512013, and is not for resale. User Notes: (1261459557) Owner's City Council may designate one or more representatives with authority to sign documents after City Council approval and/or to advise and consult with Architect for day -to -day operations under the agreement. Owner's designated representative to sign contracts: Name: Mark Dindman Title: City Manager , or successor. Owner's designated representative for day -to -day operations: Name: Jimmy Perdue Title: Director of Public Safety , or successor." In the event that an emergency decision is required before the City Council's next regular meeting or in order to facilitate and expedite the timely completion of the Work, the City Council's authorized representative may approve construction changes that do not exceed $25,000 in increased costs to the Owner. Any such change shall be confirmed in writing between the Architect, Contractor and the Owner's authorized representatives and notice of such approved changes shall be given to the Council at its next regular meeting. The Council will act as soon as reasonably possible to avoid undue delays in the construction Completion Date or the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall famish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided, § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall famish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. AIA document B101Tm — 2007 tformerly B151 — 19971. Copyright* 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Alf rights Init. reserved. WARNING: This AIA Document is protected by U.& Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 09:18:13 on 0910612012 under order No.4349212572_1 which expires on 0712512013, and is not for resale. User Notes: (1261459557) § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to die Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORT{ § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to detennine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit AIA Document 8101 TM— 2007 formerly 6151 TM — 1997). Copyright 0 1974, 1978. 1987. 1997 and 2007 by The American Institute of Architects. AR rights Init. reserved. WARNING: This AJA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA & Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ¢ the law. This document was produced by AIA software at 09:18:13 on 09106/2012 under Order No.4349212572_1 which expires on 0 712512 01 3, and is not for resale. User Notes: (1261459557) such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub- subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfuully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.1.4 The prevailing party in the adjudication of any proceeding relating to this contract may recover its reasonable and necessary attorney's fees. AJA Document B101 — 2007 Vformerly 13151" - 18871. Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING. This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:18:13 on 09106/2012 under Order No.4349212572_1 which expires an 07/2512013, and is not for resale. User Notes! (1261459557) i 8,2 MEDIATION § 8,3.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of lien arising out ofthe Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Projects located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not .select a method of binding dispute resolution belay, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ("Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give ten days' written notice to the Owner before suspending services in accordance with Texas Government Code section 2251.051 et serf. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written. notice. § 9.4 Either party may terminate this Agreement upon not less than ten days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than ten days' written notice to the Architect for the Owner's convenience and without cause. AIA Document B101 r" —2007 formerly B1 5 1 111 —1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Nrfrt' reserved. WARNING: This AIO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ar distribution of 14 this AJA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 09:18:13 on 09106/2012 under Order No.4349212572_1 which expires on 0712512013, and is not for resale. User Notes: (1261459557) § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. § 9.9 The parties hereby agree that: 1) if an order for relief is entered on behalf of the Architect, pursuant to Chapter 11 of the U.S. Bankruptcy Code; 2) if any other similar order is entered under any debtor relief laws; 3) if Architect makes an assignment for the benefit of one or more of its creditors; 4) if a receiver is appointed for the benefit of its creditors; 5) if a receiver is appointed on account of its insolvency, any such event could impair or frustrate Architect's performance. Accordingly, it is agreed that upon occurrence of any such event, Owner shall be entitled to request of Architect adequate assurance of future performance in accordance with the terms and conditions of this Agreement. Failure to comply with such request within ten (10) days of delivery of the request shall entitle Owner to terminate the Architect's services in accordance with this Section. ARTICLE 10 MISCELLANEOUS PROXASIt7NS § 101 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201- 2007, General Conditions of the Contract for Construction, as may be amended. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other. § 10.4 If the Owner requests the .Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 1.4 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site unless Architect's acts or omissions introduced or caused or allowed to be introduced to the Project site said hazardous materials as defined in AIA Document A201 -1997, as amended for this Project. Architect shall promptly disclose in writing to Owner any hazardous materials specified for the Project or discovered on site, regardless of the date of discovery or the date on which Architect learns of the hazardous nature of the materials. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials, The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10,8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary, " the receiving party shall beep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to AIA Document B141 m — 2007 formerly 8151 TM -- 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING. This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of 155 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be ; prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 49:18:13 on 09106/2012 under Order No.43492 1 257 2_1 which expires on 0712512 01 3, and is not for resale. User Notes: (1261459557) perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. § 10.9 It is distinctly agreed that by virtue of this Agreement, no architect, engineer, mechanic, contractor, materialman, artisan, laborer or subcontractor, whether skilled or unskilled, shall ever, in any manner have, claim or acquire any lien upon the Project of whatever nature or kind so erected or to be erected by virtue of this Agreement, nor upon any of the land upon which said improvements are so erected, built, or situated, such property being public property belonging to a political subdivision of the State of Texas. § 10.10 This Agreement is subject to all applicable federal and state laws, rules, and regulations. Invalidity of any portion of this Agreement under the laws of the State of Texas or ofthe United States shall not affect the validity of the remainder of this Agreement." § 10.11 To the extent of conflicts between the Contract Documents, amendments shall prevail over original forms § 10.12 By signing this Agreement, the undersigned certifies as follows: 'Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment maybe withheld if this certification is inaccurate.' (Required if state funds or state grants are used in the construction.) § 10.13 It is understood and agreed that the relationship of Architect to Owner shall be that of an independent contractor. Nothing contained in this Agreement or inferable from this Agreement shall be deemed or construed to: 1) make Architect the agent, servant or employee of the Owner; or 2) create any partnership, joint venture, or other association between Owner and Architect. Any direction or instruction by Owner or any of its authorized representatives in respect to the Architect's services shall relate to the results the Owner desires to obtain from the Architect, and shall in no way affect the Architect's independent contractor status, " § 10.14 No delay or omission by either of the parties hereto in exercising any right or power accruing upon the noncompliance or failure of performance by the other party hereto of any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements hereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Lump sum fee for Basic and Additional Services as indicated in Section 11.5 below. § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for; compensation. If necessary, list specific services to which particular methods of compensation apply) Lump sum fee as indicated in Section 11.5 below.. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Lump sum or Hourly as negotiated at such time that services are requested. (Paragraphs deleted) AIA Document B101 —2007 formerly 6151 — 1997). Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AiA� Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this Me Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 09:18:13 on 0 9 10 1612 0 1 2 under Order NoA349212572_1 which expires on 07f25/2013, and is not for resale, User Notes: (1261459557) § 11,5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows; BASIC SERVICES Schematic Design $ 48,000.00 Design Development $ 64,000.00 Construction Documents $ 128,000.00 Bidding $ 10,000.00 Construction Administration $ 70,000.00 Project Expenses $ 12,000,00 TOTAL BASIC SERVICES $ 332,000.00 ADDITIONAL SERVICES Civil Engineering $ 22,000.00 Landscape Design $ 8,000.00 TOTAL ADDITIONAL SERVICES $ 30,000.00 § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) (Row deleted) Principal $175.00/hour Associate $150.00/hour Project Manager $140.00/hour Project Architect $125.00/hour Project Resigner $115.00/hour Associate Designer $ 95.00/hour Intern Architect $ 95.00/hour Interior Design Intern $ 95.00/hour Technical Staff $ 85.00/hour Project Clerical $ 65.00/hour (Paragraphs deleted) § 11.10 PAYMENTS TO THE ARCHITECT § 11. 10.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. AIA Document B141 TM — 2407 formerly 8151 TM — 1997). Copyright* 1974, 1978, 1967, 1997 and 2407 by The American Institute of Architects. All rights [nit` reserved. WARNING: This Me Document is protected by I.I.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ! the law. This document was produced by AIA software at 4919:13 on 09106/2012 under Order No.4349212572_1 which expires on 0712512413, and is not for resale. User Notes:. (1261459557) § 11 .10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Forty -five ( 45 ) days after the Owner's receipt of the invoice shall bear interest at the rate (Paragraphs deleted) specified by the Texas Government Code section 2251.025 or its successor. § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. § 11.10.5 Notwithstanding any other provisions herein, the Architect shall not be entitled to payment, including basic services, reimbursable expenses, additional services, or other compensation, attributable to the fault or error of this Architect or Architect Consultants, ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Reference Exhibit A ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13,2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 101 Tm -2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201rNI-2007, Digital Data Protocol Exhibit, if completed, or the following: Not Applicable at this tune. .3 Other documents:. (List other documents, if any, including Exh ibitA, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) Exhibit A - Special Terms & Conditions of the Contract Exhibit B - Certificate of Insurance Exhibit C - NRH Animal Shelter Preliminary Project Budget This Agreement entered into as of the day and year first written above. DINNER CT (Signature) gnature) • q , -� Mark Hindman, City Manager David G. Duman, AIA, Principal I (Printed name and title) (Printed name and title) AIA Document B101T — 2007 formerly B151 — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 this AlAs Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:18:13 on 09/06/2012 under Carder No.4349212572_1 which expires on 0712512013, and is not for resale. User Notes: (1261459557) EXHIBIT A NORTH RICHLAND HILLS ANIMAL SHELTER AND ADOPTION FACILITY ARTICLE 12 SPECIAL TERMS AND CONDITIONS OF THE CONTRACT 12.1 Notwithstanding other provisions to the contrary, as used herein, references to the AIA Document A201 — 2007, General Conditions of the contract, shall refer to that edition of the document "as amended for this Proiect." Architect agrees that the AIA Document A201 — 2007 may be subject to subsequent amendments based upon negotiations between Owner, Architect and Contractor. As a condition of further service, Architect shall provide to Owner a signed statement stating Architect's agreement to adhere to any such negotiated amendments. 12.2 Notwithstanding other provisions to the contrary, for purposes of this Agreement, the term "Contractor" shall be construed as meaning Contractor, Construction Manager at Risk, or Construction Manager Agent, as appropriate. 12,3 SCOPE OF ARCHITECT'S BASIC SERVICES DEFINITION The Architect's Basic Services consist of those described in following phases and AIA Document B 101 — 2007, as may be amended. SCHEMATIC DESIGN PHASE A. Based on the mutually agreed upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. DESIGN DEVELOPMENT PHASE A. Based on the approved Schematic Design Document and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. B. The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. CONSTRUCTION DOCUMENTS PHASE A. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. B. The Architect shall assist the Owner in preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. Page 1 of 5 C. The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. D. The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT A. The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. B. The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as the date of this agreement, unless otherwise provided in this Agreement. C. Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. D. The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. E. The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine, in general, if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences nor procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. Regular site meetings will be held every other week during the construction period. F. The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. G. The Architect shall at all times have access to the Work wherever it is in preparation or progress. H. Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Page 2 of 5 Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. CERTIFICATION FOR PAYMENT A. The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. B. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 3.6.2 EVALUATION OF THE WORK and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. C. The issuance of Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. D. The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architects' action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. E. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contract by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approval performed by such design professionals. F. The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraph 3.6.5 CHANGES IN THE WORK, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of Page 3 of 5 the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. G. The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. H. The Architect shall assist in resolution of warranty items during the one year following substantial completion. He shall, prior to the end of the one year warranty period, assist the owner in development of a list of deficient items for Contractor to remedy. Architect shall assist in resolution of these items with Contractor for a period of 60 days following issuance. 12,4 CHANGE ORDERS A. Omissions: If the Architect fails to include or omits an item from the Contract Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, the Architect will not receive a fee for work associated with the Change Order. 12,5 STANDARD OF CARE/CONTINGENCY In performing Architectural Services, the Architect will strive to use that degree of care and skill ordinarily exercised under similar circumstances by competent members of the architecture profession. Notwithstanding compliance with this standard of care, the Owner can normally anticipate that some changes and adjustments in the project will be required either during or after construction. The Owner agrees to establish a construction contingency fund to cover the reasonably anticipated costs of these changes and adjustments as well as, changes due to code revisions and field conditions. The Owner agrees not to seek any costs related to Article 12.4 omissions from Architect unless the aforementioned contingency funds are exhausted by non -Owner initiated changes. 12,6 ADA COMPLIANCE The Americans with Disabilities Act ( "ADA') provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993 that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to do so. The parties acknowledge that the ADA and the corresponding State of Texas laws regarding disability barriers ( "State Lave') will be subject to various and possible contradictory interpretations. The Architect, therefore will use reasonable professional efforts to interpret and comply with all applicable ADA and State Law requirements and other federal, state, and local laws, rules, codes, ordinances, and regulations as they apply to the Project. The Architect, due to such competing interpretations, does not warrant or guarantee that the Project will comply with interpretations of applicable provisions of the ADA and State Law. However, the Architect will timely submit the Plans and Specifications to the applicable State of Texas agency with respect to compliance with State Law in order for such State of Texas agency to review and comment to the Plans and Specifications prior to the scheduled commencement of construction. 12.7 STRUCTURAL CERTIFICATION OF AS -BUILT CONDITIONS A. This contract provides for structural site observation during construction consistent with normal standard of care as outlined in AIA Document 13101 -2007. This scope of work does not include structural Page 4 of 5 services to inspect all the structural as -built conditions necessary to provide the city with a "Letter of Structural Certification" of the building at the time of substantial completion. These services can be made available as an additional service. 12.8 DEMOLITION OF EXISTING STRUCTURE It is anticipated that demolition of existing structures will be necessary for completion of this project. The Architect will include general demolition documents; however, the Owner agrees to complete all necessary hazardous material investigation and abatement prior to Contractor demolition. 12.9 CREMATORY PERMITTING If permitting is required by agencies for relocating the crematory, Architect will not be required to obtain permit, as this will be the Owner's responsibility, although Architect will assist the Owner by providing site plan drawings, if necessary, for the permitting process. 12.10 ARCHITECTURAL REGISTRATION Texas law requires registrants to provide all clients with the followings written statement. "The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711 -2337 or 333 {Guadalupe, Suite 2- 350, Austin, Texas 78701 -3942, (512) 305 -9000, has jurisdiction over individuals licensed under the Architect's Registration Law, Texas Civil Statutes, and Article 249a ". Page 5 of 5 EXHIBIT "B" to Owner 1 Architect Agreement 13 101 1 DATE (MMfDOIYYYYI AC©RLJ t:K I W 1L A I 't Ur LIAt31Ll I Y INbUKANI.t 8/3/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (CONTACT McLaughlin Brunson Insurance Agency, LLP NAME: doe A Bryant McLau 9' g Y� PHONE FAX 6600 LBd Freeway, Suite 220 I AfC No, Extl: (214) 503 1212 (AIC,No); (214) 503 -8899 I I rlIL Dallas TX 75240 ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC N I INSURERA;XL Specialty Insurance Company 37885 INSURED INSURER B: Travelers Indemnity Company 25658 Quorum Architects, Inc. I INSURER C:Charter Oak Fire Insurance Co. 25615 707 W Vickery Blvd, #101 I INSURER D:Travelers Lloyds Ins. Company 41262 Fort Worth TX 761041197 I INSURER E: I INSURER r: COVERAGES CERTIFICATE NUMBER: Cert ID 14933 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY Exp LIMITS LTR II�R WVD POLICYNUMBER (MMIDDIYYYYI IMMFDDfYYYYy GENERAL LIABILITY EACH OCCURRENCE $ 2 000 000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREG�ATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $ 4,000,000 POLICY X , PRA LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 2 , 000 , 000 C X ANY AUTO Y Y BA4333L109 8/25/2011 8/25/2012 BODILYiNJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ $ 'UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR H CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- B AND EMPLOYERS'LIABILFTY YIN Y UB5771Y404 4/20/2012 4/20/2013 X TORY LIMITS ER ANY PROPRIETOR/PARTNERIEX €CUTIVE F E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liab N Y DPR9701077 3/27/2012 3/27/2013 Per Claim $ 1,000,000 Annual Aggregate $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty day notice of cancellation in favor of the certificate holder on all policies. City of North Richland Hills is shown as an additional insured on the general and auto liability coverages as required by contract. A waiver of subrogation is shown in favor of the City of Borth Richland Hills on the general and auto liability and the workers compensation coverages. RE: North Richland Hills Animal Shelter - Project # 12088 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of North Richland Hills 7301 NE Loop 820 AUTHORIZED REPRESENTATIVE North Richland Hills TX 76180 O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks Of ACORD Paces 1 0_ 1 D X COMMERCIAL GENERAL LIABILITY Y Y Y PACP4331L779 8 8/25/2011 8/25/2012 PREMISES Ea occurrence) $ $ 2,000,000 CLAIMS -MADE FxI OCCUR M MED EXP (Any one person) $ $ 10,000 PERSONAL & ADV INJURY $ $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty day notice of cancellation in favor of the certificate holder on all policies. City of North Richland Hills is shown as an additional insured on the general and auto liability coverages as required by contract. A waiver of subrogation is shown in favor of the City of Borth Richland Hills on the general and auto liability and the workers compensation coverages. RE: North Richland Hills Animal Shelter - Project # 12088 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of North Richland Hills 7301 NE Loop 820 AUTHORIZED REPRESENTATIVE North Richland Hills TX 76180 O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks Of ACORD Paces 1 0_ 1 "EXH I B IT +C" to Owner Architect Agreement 8101 NRH Animal Shelter Preliminary Project Budget 9/17/12 Preliminary Estimated Project costs for project scoping Construction ( *1 ) $2,543,000 Construction Contingency $100,000 Construction Subtotal $2,643,000 Soft Costs: Architectural Design & Engineering $332,000 Survey, Civil Engineering,& Landscape Arch. $30,000 Reimburseables / Printing (included in Architectural Design) $0 Geotechnical services $7,000 Demolition - Neighborhood Services building, parking lot, and trees (possibly by Owner) $8,000 Demolition of existing Animal Control Shelter (*2) $20,000 Asbestos abatement if needed (placeholder) $10,000 IT/ Data Connectivity $8,000 Owner's Security System / access control $35,000 Electric service (placeholder- existing transformer may be OK) $5,000 FF &E $40,000 Construction Material Testing (incl. roof and special insp) $35,000 Regulatory (permits,replat,easements,TCEQ, TAS /ADA) $7,000 Fiber Reconnect / Patch $15,000 Crematory (estimated) $65,000 Public Art $0 Soft Cost Subtotal Soft Cost Contingency Soft Cost Subtotal PROJECT COST - Subtotal Project Contingency TOTAL PROJECT COST $617,000 $40,000 $657,000 $3,300,000 $100,000 $3,400,000 ( *1)9082sf x $280 or 8922sf x $285 calculated as indicated below: Estimated $280 - $285/SF per sf using construction cost of Carrollton's and Lewisville's facility extracted to 2012 dollars. This project will also have associated demolition and phased construction due to site constraints. ( *2) Demolition of existing Animal Control Shelter building, remaining parking lot, trees, capping of utilities, etc. and subsequent completion of fencing, dumpster enclosure, etc. (performed by Contractor after new Animal Shelter building completed and operational) NOTE: All cost indicated are estimated for project scoping by architect. Owner shall review and modify or update cost based on their estimated soft costs and notify Architect prior to completion of Schematic Design. Furthermore, Owner shall consider operational costs beyond construction prior to proceeding with work. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. F.3 GN 2012 -085 Amend Chapter 54, Article IX of the North Richland Hills Code of Ordinances Revision to Parades and Recreational Street Uses - Ordinance No. 3222 Presenter: Mike Hamlin, Assistant Police Chief Summarv: The North Richland Hills Police Department, along with the Parade Committee, desires to improve the management of parade routes and times within the City. Sections 54- 340 and 54 -341 currently provide guidance for routes and times, but with changes that have occurred within the City, amending these two areas of the Parades and Recreational Street Uses ordinance is recommended. General Descrir)tion: Section 54 -340, Routing, currently requires large parades to "pass through" two portions of roadway that manage a significant amount of motor vehicle traffic. The two portions of roadway are: • Mid- Cities Boulevard from Davis Boulevard to Rufe Snow Drive; and • Boulevard 26 (formerly Grapevine Highway) from Glenview to Richland Plaza Drive. Further, the current ordinance indicates that if the parade is for a neighborhood, the police, fire, and public works departments "shall review the proposed route and work with the applicant to determine the best route." The recommended changes for Section 54 -340 recognizes a number of variables that should be considered when applicants are working with City staff for permit approval. While the current language does not take into account these variables, the recommended ordinance does so; thereby allowing City staff to work more diligently to provide a safe environment for parade participants and spectators. Furthermore, the recommended changes call for ensuring that, in some cases, the motoring public should be notified one week prior to the event of the forthcoming event and potential lane closures. Finally, and should a permit application be denied, the applicant has an appeal process through the City Manager's Office. Section 54 -341, Timing, currently prohibits parades from occurring between 7:00 a.m. - 9:00 a.m. or 4:00 p.m. -7:00 p.m. on weekdays. This language potentially forces parades to occur during hours of darkness, increasing risk to parade participants, spectators, and the motoring public. This can become significant during periods when time is set at Central Standard Time. The recommended changes for this section allow parades to occur during daytime hours, regardless of time settings (CST or Daylight Savings Time). Furthermore, parades during the hours of sunset and sunrise should be avoided. To help establish when those actual times occur, the ordinance references the use of the United States Naval Observatory website for North Richland Hills, Texas. Recommendation: Approve Ordinance No. 3222. ORDINANCE NO. 3222 AN ORDINANCE AMENDING SECTIONS 54 -340 AND 54 -341 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND THE REGULATIONS FOR ROUTING AND TIMING OF PARADES WHEREAS, city staff has recommended elimination of certain restrictions on large parades and to encourage planning of parade routes with city staff; and WHEREAS, staff has recommended changing of time restrictions on parades to ensure that for safety all parades be limited to one hour duration and avoidance of sunrise, sunset, and the hours of darkness; and WHEREAS, the City Council concurs in such staff recommendations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 54 -340 and 54 -341 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec 54 -340. Routing (a) Permit applicants are encouraged to work with representatives of the police department, fire department, the department of public works, and the city manager's staff in developing routes for all parades and/or recreational street use. Routes and uses shall, in any event, be designated as required by Section 54- 333(a )(2). (b) There are many factors to consider prior to route or use approval and, because each event is unique, the factors may vary from one parade /use to the next. The permit approval departments will consider the following factors, but not be limited to, when rendering a decision for a particular permit application. These factors are not listed in any particular order. 1. Route to be taken in relation to major thoroughfares, roadways, and intersections 2. Number of participants, floats, and entries 3. Location of construction zones relative to the proposed route 4. Safety of participants, city employees, and the general public 5. Potential traffic congestion and flow 6. Size and duration of proposed event (not to exceed 1 hour) 7. Event time of day (c) If the parade approval departments deem the permit application, as submitted, is not in keeping with public safety or the general welfare of the community, the departments may recommend changes to the permit application or deny the issuance of a permit. (d) If closure of major thoroughfares, feeder roads, or intersections is necessary to accommodate the parade route or use, signage will be posted 1 week prior to the event warning of the forthcoming closure. Additionally, a notice will be posted on the city web site regarding the closure. (e) In the event a permit application is denied, the permit applicant may appeal, in writing, the denial to the city manager (or designee). The notice of appeal must be submitted to the city secretary or city manager (or designee) within 10 business days from the date the permit applicant was notified of the denial. Sec 54 -341. Timing Parades shall be held to avoid the hours of sunrise, sunset, and the hours of darkness due to the increased potential risk to participants, motorists, and the general public and shall not last more than one hour. Sunset and sunrise refer to specific times of day as detailed at the United States Naval Observatory website, for North Richland Hills, Texas. AND IT IS SO ORDAINED. PASSED AND APPROVED and approved this 8th day of October 2012. Is] I Was] W A 11:1N[91:1W_1►1 ell: IIII&I ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney F-11:21:21 ZIGIVA =1 l7 :[ti2 119X0161►10 =1 r 16 Jimmy Perdue, Director of Public Safety M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject Agenda Item No. G.4 EXECUTIVE SESSION ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject Agenda Item No. H.a INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject: Agenda Item No. H.1 Announcements - Councilwoman Wright ©ujesky Announcements The public is invited to meet our new fire chief, Stan Tinney. The Fire Department will host a meet and greet event for Chief Tinney at Fire Station 3 on Davis Boulevard between 6 p.m. and 7:30 p.m. on Tuesday, October 9th and at Fire Station 4 on Hightower Drive between 6 p.m. and 7:30 p.m. on Thursday, October 11. Chief Tinney replaces Chief Andy Jones who retired from the Fire Department earlier this year. On Saturday, October 13th residents can get rid of brush, old furniture and other unwanted bulky items. The items may be dropped off from 9 a.m. to noon at the Tarrant County College Northeast Campus in Parking Lot E.1. Proof of residency must be presented. For more details, please call 817- 427 -6663. The Neighborhood Initiative Program is holding its Fall Fix It Blitz on October 20th and 21 st. During this weekend, volunteers will help elderly and disabled residents with home maintenance projects, painting, fence repairs and yard work. If you would like to volunteer for the Neighborhood Initiative Program, please call 817 -427- 6650. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Glynn Miller from the Public Works Department - A resident recently commented about the exceptional service that Glynn provided. After several years of dealing with sewer issues, the resident contacted the Public Works Department for assistance. Glynn responded, found the problem and coordinated the repairs. He said that Glynn and his crew did a great job and left the site looking better than before they began the work. The resident wants everyone to know what a great job our city employees do and what a great place North Richland Hills is. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 10 -8 -2012 Subject Agenda Item No. H.2 Adjournment